# Urban County Council Meeting - May 26, 2011 > Auto-transcribed civic record · May 26, 2011 - **Permalink**: https://meetings.lexingtonky.news/meeting/2032 - **Source video**: https://lfucg.granicus.com/player/clip/2032?view_id=14&redirect=true - **Date**: 2011-05-26 - **Last revised**: May 26, 2011 - **Length**: 14,384 words > ⚠️ **Auto-generated content.** Audio from the official Granicus video was auto-transcribed with OpenAI's open-source Whisper large-v3-turbo model, run locally by The Lexington Times. Structured facts were extracted with GPT-4o; the narrative summary was written by Anthropic Claude. 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 held a meeting on May 26, 2011, at 6:00 P.M. in Lexington, Kentucky, presided over by Mayor Gray. The meeting included three agenda items: an invocation, a presentation honoring Dave Sevigny, and a Budget Content Public Hearing. During the session, the Council took three votes, heard three public comments, and addressed three total agenda items. The meeting focused on informational matters, including the ceremonial honoring of Dave Sevigny and a public hearing regarding budget content. ## Attendance **Present:** Crosbie, Ellinger, Farmer, Ford, Gorton, Henson, Kay, Lane, Lawless, Martin, McChord, Myers, Stinnett, and Blues. **Absent:** Beard. **Late arrivals:** None. ## Votes and Decisions **Ordinance 57-2011: Amending Municipal Expenditure Budgets** [timestamp: 2:00:00] Ordinance 57-2011, which amends certain budgets for municipal expenditures under Schedule No. 118, was motioned by Gorton and seconded by Ellinger. The measure passed by roll call vote with 13 ayes and 0 nays. All voting members supported the ordinance: Ellinger, Farmer, Ford, Gorton, Henson, Kay, Lane, Lawless, Martin, McChord, Myers, Stinnett, and Blues. **Resolution 172-2011: Accepting Bluegrass Towing, Inc. Bid** [timestamp: 1:08:22] Resolution 172-2011, accepting the bid of Bluegrass Towing, Inc. for towing services, was motioned by Gorton and seconded by Ellinger. The resolution passed by roll call vote with 13 ayes and 0 nays. All voting members supported the resolution: Ellinger, Farmer, Ford, Gorton, Henson, Kay, Lane, Lawless, Martin, McChord, Myers, Stinnett, and Blues. **Resolution 172-2011: Keeping Berryhill and Constitution Pools Open** [timestamp: 1:08:22] Resolution 172-2011, regarding keeping Berryhill and Constitution pools open for fiscal years 2011 and 2012, was motioned by Gorton and seconded by Ellinger. The resolution passed by roll call vote with 9 ayes and 4 nays. Members voting in favor: Ellinger, Farmer, Ford, Henson, Lane, Martin, McChord, Myers, and Stinnett. Members voting against: Gorton, Kay, Lawless, and Blues. ## Budget and Financial Actions The meeting approved the following financial actions: **911 Infrastructure Network Equipment** Ordinance 119-2011 authorized a $175,000 purchase of hardware, software, and network components for the 911 Infrastructure Network from AK Associates. **Recycling Center Wire Tie System** Resolution 172-2011 approved a $25,030 purchase of a wire tie system for the Recycling Center from L&P Wire Tie Systems. **Materials Recovery Facility Baler Relining** Resolution 147-2011 authorized a $28,000 contract with IPS Balers Manufacturing, Inc. for relining the baler at the Materials Recovery Facility. ## Public Comment Three members of the public addressed the meeting on May 26, 2011. **Building Safety** Ralph Rochelle raised concerns about building safety in Lexington [timestamp: 0:10:06]. He referenced a concrete slab that fell off a building on Pine Street as an example of the safety issues affecting structures in the community. **IT Department Budget** Andrea Strasburg spoke against proposed cuts to the IT department's budget [timestamp: 0:13:53]. She suggested that rather than reducing IT funding, the government should redirect resources from non-essential services to preserve the department's operations. **Meadowbrook Golf Course** Ronald Reinhardt advocated for keeping Meadowbrook Golf Course open [timestamp: 0:16:04]. He emphasized the golf course's importance to seniors and novice golfers in the community. ## Appointments The following appointments and reappointments were made during this meeting: **Commission for Citizens with Disabilities** - Traci Brewer was appointed **Corridors Commission** - Steve Kay was appointed **Environmental Commission** - James Rebmann was reappointed - Helen Weissinger was reappointed - Stephen Garland was appointed **Tree Board** - Karen Miner was appointed ## Contested Items The May 26, 2011 meeting included two significant areas of disagreement among participants. **Towing Contract Bid** A heated discussion arose regarding the awarding of a towing contract. The dispute centered on concerns about the bid process itself and the qualifications of the bidders under consideration. Specific details about which bidders were involved, the outcome of the contract award, or the particular process concerns raised are not available from the meeting record. **IT Department Salary Supplements** The removal of salary supplements for IT Department employees generated significant discussion during the meeting. Participants expressed concerns about how the elimination of these supplements would affect the department's ability to retain current staff and recruit new employees. The specific arguments made by different parties, voting results, or final decision on this matter are not documented in the available meeting record. ## Invocation Reverend Nancy Jo Kemper from New Union Christian Church delivered the invocation for the meeting [timestamp: 00:01:03]. The reverend's remarks emphasized themes of wisdom, hope, and compassion as the meeting convened. ## Presentation honoring Dave Sevigny Mayor Gray presented an award to Dave Sevigny of DMD Data Systems, recognizing the company as the 2011 Kentucky Small Business of the Year. [timestamp: 00:03:15] The presentation honored Sevigny's achievement and the accomplishments of his business. This was an informational item on the meeting agenda. ## Budget Content Public Hearing Mayor Gray opened the public hearing on the budget, during which several citizens spoke about various budget concerns. [timestamp: 00:06:05] The hearing was conducted as an informational session, allowing community members to voice their perspectives on budget-related matters. While the specific concerns raised by individual speakers are not detailed in the available meeting records, the public hearing format provided an opportunity for citizen input on the proposed budget. The outcome of this agenda item was informational in nature, meaning the hearing served to gather public comment rather than to reach a final decision or vote on budget matters. --- ## Decisions - **Ordinance 57-2011** — passed (13-0): Amending certain budgets for municipal expenditures, Schedule No. 118 - **Resolution 172-2011** — passed (13-0): Accepting the bid of Bluegrass Towing, Inc. for towing services - **Resolution 172-2011** — passed (9-4): Keeping Berryhill and Constitution pools open for FY 2011 and FY 2012 --- ## Full transcript It looks like one of our two clocks is telling us that it's six o'clock so we can begin the meeting. I'll call the meeting to order and first we'll ask the clerk, Susan, if you'll call the roll. Ms. Crosby? Here. Mr. Ellinger? Here. Mr. Farmer? Here. 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. Stennett? Here. Mr. Beard? And Mr. Blues? Here. Thank you. Thank you, Madam Clerk. It's my pleasure to ask the Reverend Nancy Joe Kemper, who is pastor of New Union Christian Church, to offer the invocation tonight. And I should also tell our audience that Nancy Jo has been a gift to our community and to not just our community but our state and our nation. She served as the national chair. All right, help me then. The director of the State Council of Churches. the director of the State Council and very active at the national level through that role. Thank you, ma'am. Thank you, Mr. Mayor. Will you join me in a moment of reflection and thought as you prepare for your meeting? Holy One, source of wisdom, source of hope and eternal love, be present in the minds and hearts of those who work and think and act in this meeting of our city's leaders tonight, enable them to listen with care to one another and to the people gathered here, to reflect with humility and compassion on actions that may be necessary or visionary, whether those decisions be easy or difficult, strengthen their sense of duty to all the residents of Lexington of past, present, and future generations. In this coming weekend, when we remember those who died in war for causes of peace and justice. Help all of us be peacemakers. As we look to the future of our city and its people, deepen our need for justice and compassion. As we think of our world so torn by wars that seem to be ceaseless, make us each instruments of your peace. Bless those who hold office in this city and all who look to them for their leadership that we may live together in a sacred spirit of kindness and, above all, compassion. Amen. Reverend Kemper, Nancy Jo, thank you so much. Next on our agenda is a presentation which I'd like to share with you all. It is a presentation honoring Dave Savigny, who is the – Dave – where is Dave? Okay, right there. Hillary, you got our – Thank you. That's a big name. You know, one of the toughest things in this role sometimes, as all these council members know, sometimes we get names that we struggle with. But Dave has a – Dave's firm was just last week recognized in Washington as DMD Data Systems was recognized in Washington for its leadership. And the Small Business Administration named DMD the 2011 Kentucky Small Business of the Year. And Commerce Lexington named DMD Data Systems the 2010 Small Business of the Year. In the last few years, since 1996, the firm has grown from revenues of $245,000 in 1996 to just almost $11 million in 2009, and they're growing. And, you know, this is great news in times of adversity, in times of difficulty, that the private sector is adding jobs and finding opportunity. So on behalf of the city, this is a presentation to recognize the accomplishments of the firm that was just recognized by the Small Business Administration last year. Dave, thanks so much. Thank you. I want to thank you. Thank you for that. It was an honor to represent both our city, the great Commonwealth of Kentucky, last week in D.C. One thing I'll tell you for sure as I was talking to the other winners of other states is that small business is definitely fueling economic recovery, and it's an exciting time to be a part of it. You folks are actually a customer of ours, and I want to thank you very much for your business, and we want to do everything that we can to always help you and reduce risk on big IT projects. That's the type of thing that we do, and I appreciate your business, and I thank you once again for the award. Thanks so much, Dave. All right. Next on our agenda is a public hearing. So I'll open the public hearing. We have had sign-up sheets, and I have one, two, three, four, five. I have seven, eight, nine. Actually, for the budget hearing, I have eight people signed up, and I will call the names for that for the public hearing for the budget. First, I would like to take a moment just to share what I think will be worthwhile as context for this public hearing. The Council has been working hard in deliberating over the budget that I and our administration proposed. Everyone on this Council knows how tough and difficult it is this year, this budget. Everyone, not just on the Council, but I know that members of this audience know the challenges that we're experiencing. Our citizens know the challenges that we're experiencing. We have now multiple years of unprecedented drops in revenues, which has led us to the actions and the recommendations that we have needed to take. The recommendations that we've made in this budget, anyone who knows who's been in the private sector, as I've been and many on this council have been, And the toughest thing to do is to ask and to recommend layoffs. Jobs are precious. They're precious to those of us who hold jobs. And they're precious to our families. As we've gone through these deliberations, what I've been pleased with has been the manner in which our deliberations have been conducted. respectful of others, recognizing the real challenges. Today, I understand that there are a little bit of fireworks, and that's not unexpected in times like this, because when we're dealing with these sorts of issues, tensions often rise, and people need to express themselves. Of course, we also need to remember that we are all motivated and well-intended in these efforts. So suggestions that there may be spin on one side or another, we all know that that may just be the moment speaking. The motivations of our employees and the motivations of our council members are pure and well-intended. We all hope that we will come out of these times that we're in, and the best way to do that is to deal with the adversity, with the uplifting spirit, the sort of spirit that Reverend Nancy Jo Kemper just referred to in her prayer. And that's what I'm sure that we will, as we continue downstream, that we will find our own voices and the own confidence and knowledge that we are working through this as best we all can. All right. So I'd like now then to call those who have signed up. First on the list is Ralph Rochelle. Ralph, you're here. Yeah. I called it. Ralph, you'll have three minutes just for protocol, just for those who are protocol for a public hearing is that each person who has signed up will be offered three minutes. I have the unpopular duty of caught being the timekeeper, so I'll let you know when the time has expired. And Ralph, if you and others will give us your name and your address, we'd appreciate it. My name is Ralph Rochelle. I live at 4806 Bryan Station Road in Fayette County, Kentucky. Nancy Jo, I'd like to first also acknowledge my Lord and Savior Jesus Christ. I'm sure she meant to do that also. But I want to talk today about the slab that fell off the building on Pine Street. I don't think enough has been written about it. I don't think there's been enough discussion about it. This was the first such occurrence, it'd be one thing. But a few years ago, as we all know, a woman was crushed like a bug. And I would ask everybody to please think about if that was your mother, your sister, daughter, friend, and to know that if the same thing had happened on July 4 during a parade on Vine Street when this seven-ton piece of concrete fell, several people would have died. Now, it's been reopened. I'd like for the public to know that what has put up to cure the situation, what's been put up is a piece of tape of police. A piece of tape says, do not cross, that a child could walk over, around, through. Additionally, where the concrete fell, there's nothing more than a two-and-a-half-foot-tall framed wall. Additionally, several of the other garages here in town are in poor shape. The building here condemned the garage, I understand. The annexed garage is embarrassing to drive by. As I understand, it actually needs to be taken down. All of them do. You know, on the garage that's repaired out here today, in several places there aren't even those little parking temporary curbs to stop tires from hitting the walls, which supposedly are the problem in the first place. What has to do with the budget? It's got to do with priority. At the same time we're putting citizens, our mothers, sisters, daughters, friends, lives in jeopardy. We're spending money on such things as the way signs, PDR. And I'm running out of time, but I'm asking you here today, once again, to please consider a moratorium on PDR until such things as the safety of our citizens can be taken care of. Thank you, Ralph. Thank you, Mr. Rochelle. Next on the list that I have is Andrea Strasburg. And let me announce that I have three sheets of people who have signed up. After I go through this first sheet, if anyone else who has signed up wishes to speak on the budget, I'll ask for you to do so now. All right? Andrea, if you'll give your name and address, please. Andrea Strasburg, 175, Malibu Drive, number 23. My name is Andrea Strasburg, and I'm here to put a little shout-out for the IT department here. And I don't think their budget should be cut by as much as you all want to cut it, because I think you all should instead cut your mileage by half of what you are reimbursed and invest it in web neurotechnology. I think you all would, everyone would benefit by web neurotechnology technology because they, you would save time, you would save energy, and you have the people here that are willing to do it for you. You have very good people in your ID department and they should be acknowledged. And if you're looking for other revenues to cut, cut the Big, big kid toys like the golf courses that are losing you money. And things like that. Things that really don't, you know, aren't saving you any money at all. Put your money in your people. Save your people. And, you know, do away with the big kid toys. But that was just my two cents worth. Thank you for your time. Thank you, Ms. Trostberg. Ms. Reinhart, Neda Reinhart, who's next on my list? Is Ms. Reinhart here? Okay. Okay. Thank you, Ms. Reinhart. All right. Okay, Ron. Yeah. Ron, this is on the budget, right? It is. All right, sir. Thank you. Let me ask a question of protocol. I'm going to speak to Meadowbrook, and there are a couple of other people who are going to do that as well. Should they follow me? That would be fine. If I have them on the list, it would be okay for them to come up as I call them. But you now will have three minutes unless you need to take more, and your wife has yielded her time to you. I'd like a couple minutes more. Okay. The latest issue of Golf Magazine ran a feature article on par-3 golf courses, the top 10 in the country. Unfortunately, Meadowbrook wasn't one of them. But the article begins, the red-headed stepchild of golf layouts has to be the par-3 course. Some golf purists don't even consider such tracks to be real golf. And then what followed was the author saying, here's my salute to the best pint-sized powerhouses in the game. Meadowbrook is not the red-headed stepchild to seniors. It provides us with the exercise that keeps us active and healthy. Nor is it the red-headed stepchild for busy executives and stay-at-home mom and dad. A couple of years ago, Jack Nicklaus proposed that all new golf courses be limited to 12 holes. because in the modern lifestyle, people simply don't have five or six hours to play a regular course. You can play 18 holes using every club in your bag at Meadowbrook in two hours. Neither is it the red-headed stepchild of our kids and grandkids. Thirty-five years ago, my son acquired his golf addiction over at that little par three on Mason Healy. Ten years ago, my grandsons acquired their golf addiction at Meadowbrook. Now Mason Healy's closed. The proposed course at Veterans Park never materialized. Out there at Planters Row, you have to drive a cart. So the only place that our kids and grandkids can learn this game of golf is in Meadowbrook. And finally, it's the redheaded, not the redheaded stepchild for all the novice golfers, For all those grown-ups who've taken up the game as adults and would be intimidated on a regular course. We support a thousand percent your attempt to get Lexington to live within its means. But I suggest to you that the revenue stream for Tate's Creek and Kearney and Lakeside and Picadone in the decades to come It's going to come from those kids and those novice golfers who learn the game and hone their skills at Meadowbrook. I have a petitions of 800 people have signed. I thank you for your time. Thank you, Mr. Reinhart. Thank you, sir. All right. Next on my list is Gail Boone. Ms. Boone? Yeah. My name is Gail Bourne. Gail, would you want to pull the microphone up a little bit closer? There you go. Thank you. I'm Gail Bourne. I live at 500 Lake Tower Drive, Unit 38. And I'm here this evening to protest in the strongest terms possible the salary cuts that you're proposing for IT, computer services, and software professionals. These employees are essential. They're not expendable. Their salaries were not industry standard to begin with. The reason the supplement was implemented in the first place about 10 years ago is because when interviewing potential employees, people would laugh and walk away. Since that time, inflation has not been zero, contrary to what the federal government would like you to believe. Anyone who has had to buy groceries, prescriptions, gasoline, or insurance knows that costs continue to rise and salaries have not kept up with inflation. Here's what will happen if those cuts are enacted. Employees in flexible positions or who are younger will take their knowledge and experience and go elsewhere. Their replacements will be less qualified, or they will bail at the first opportunity to have a more living wage job. The employees who will not be able to do this are your employees who are 50, 55, 60, men and women who have given decades of service to the urban county government and in this market, honestly, don't have a prayer of finding a job elsewhere. Ironically, they are the ones who need the supplement the most. And instead of rewarding their loyal service, you intend to slap them in the face. I object to the comments made by the previous commenter, who was in favor of keeping non-essential services in place of paying employees a living wage. Our budget in my home is extremely tight. We have three sons who are no longer able to participate in orchestra. They cannot participate in sports. We don't have cable TV. We do not go to the movies, and we only go out to eat in the absolute teeth of necessity. Arts, sports, and recreation are nice when you can afford them. Things like the PDR program are nice when you can afford them. But they are not essential services. Your ID, computer service, and software specialists are essential, and you need to retain them and pay them a decent wage. Thank you. Thank you, Gail. I apologize. I introduced you as Boone rather than Bourne. Okay. Next on the list is, my list is Dan Dutterwhite. Dan. I'm Dan Dotterweick. I live at 102 Pickett Drive in Wilmore. I'm not a city resident, but I do work here. So I would like to address the proposal to cut the salary supplements for the IT department. I do work in that department. And I just want to mention three points. One, that information was based on faulty assumptions that those salaries are out of line. You should ask the fellow we had here from DMD how those salaries compare. I think you find that the salaries are in line with what's being paid in the city of Lexington, in Louisville, at the University of Kentucky, other places in the area. Secondly, if we do cut these services, it will hurt our ability to provide services to the city. We will lose some of our best employees. I know a lot of people have initially started looking for jobs as soon as the announcement came out. They may not all find them, but many will. and since our training budget was taken away pretty much three, four years ago, we've had very little cross-training. So when we lose somebody, there's going to be areas that cannot be filled readily. And the third thing is I think it's not fair to try to balance the budget on the backs of a very small group of people because this only affects about 35 or 40 people as best as I can understand as far as the employees in the city. and to take the large percent, six for some, but for many it's 20 percent of the salary from those people is not a fair way to balance the budget. Thank you. Thanks, Dan. Next I have on the list is Richard Birdsell. Richard. Good evening. My name is Richard Birdsall. I live at 333 Stony Brook Drive. When I talked to Councilman Beard a while back, he said that golf is on the decline. and I would venture to say that one of the reasons that golf might be on decline is for the very reason that it's been proposed that all courses be only 12 holes and that is it takes time to play golf and for many of us, and I'm semi-retired, but I don't want to take five hours. it's hard to take five hours out of the day to play a full 18 holes on a regular course. So I do that once in a great while, but typically I play at Meadowbrook because I can go there. The cost, we've managed, you know, I want to thank, I want to thank the city and this council for keeping the rates at this golf course low enough that people can come and play, and if they only play nine holes, they can go home, and they don't feel like they're getting ripped off. But that's true. The city's been generous in terms of its parks. We have many golf courses. but Meadowbrook is unique in the service that it provides, as my fellow citizen pointed out earlier. And golfers of all ages can come out, they can play, they walk. There is no cart, okay? So everybody gets to walk. We get a little exercise. We get some fresh air. We hear the sounds of the kids playing in the schoolyard. It's a marvelous place. And it just, I can't put a price on what this means in terms of the quality of life that I get from this golf course. And I want to say that I've only lived here about 18 months. One of the reasons we purchased at 333 Stony Brook was because it was so close to Meadowbrook, and we loved playing that little course. And, you know, he says might be intimidated. I am intimidated by the long courses. And once in a while, I get enough courage to go play a long course simply because I have that opportunity to play at Meadowbrook. So thank you for your efforts. I appreciate the council's work on the budget. and thank you very much. Thank you, Richard. Melinda Flynn. Good evening. I'm Melinda Flynn, 4701 Matthew Court, Lexington. I represent the new golfer. You know, I'll be 50 this year. But I have found out that Meadowbrook is growing in the number of golfers in Lexington through the development of new players. After playing around at Meadowbrook Golf about three years ago, a staff member invited me to join the Tuesday Night Women's League. The day arrived 20 minutes before I thought, Like, no, you know, no. There's no way because I'm not good enough to play I would be embarrassed. Well, I went. The staff was so nice and accommodating. The price was affordable. The majority of the ladies were beginners as well. So throughout three years, I have witnessed improvement from all of the players. I have been extremely pleased with my improvement in my golf game. I watch new members of the league grow and to be better golfers. The camaraderie between us is priceless. Meadowbrook is unique for a city of this size. Lots of character, very scenic for a short course, and it is a feeder course for the beginner golfer starting to advance to a bigger course. I ask for your vote to keep Meadowbrook open. I think of the beginner golfer. It has been my pleasure to speak on behalf of a true Lexington treasurer. Thank you. Thanks, Melinda. I think that there are more folks here who want to speak on the budget that signed up on another sheet. I'll just go down the list. If you're here to speak on the budget, then just come up to the microphone, if you would, please. Gary Birchfield. Gary, you're here for the budget, right? Yes, sir. Right. And then next is Damon Griggs. Actually, Mayor, Damon Griggs, Alan Hinkle, Sue Borman, Ron Snowden have all conceded time to me for a maximum of 15 minutes. Okay, so about how much do you think you'll need? You've got a max of 15. It should be 11 and a half. Okay. Hey. Precision. We like that. We like that. I'm an IT person, sir. We'll just check. Okay. You might give me those names after you finish one more time so I can mark them off. Go ahead. Yep. Good evening, Council. Mayor, thank you for allowing me to speak this evening. Mr. Blues, thank you for the work you're doing in our area. My name is Gary Birchfield, and I'm a resident of 200 White Oak Trace out in Mr. Blues' district. I'm here today to make sure that you all have the facts necessary to make an educated and informed... Excuse me, I have chewing gum because I didn't expect to come up here right now. I'm here today to make sure that you have all the facts necessary to make an educated, informed decision related to supplemental pay. It's affecting 53 computer services, police, fire, detention, traffic engineering, GIS, water quality, and waste management employees. Several of you as recently as a week ago were unaware of what supplemental pay's role is to urban county government and to its employees and processes of government. I will begin by providing you with a brief history of supplemental pay, why it was implemented, what it has accomplished, how it's been managed, the risks involved in its removal, what we have experienced recently in attempting to hire talented staff without it, a short list of processes that will be affected by supplemental pay removal, and ending with how its removal recommendation was based on outdated and unrelated market research, thus leading to the mayor's removal from the 2012 proposed budget. In early 2000, it was determined that a market analysis of the salaries of urban county government computer services positions was necessary. Positions were advertised two to three times or more, and we were getting a very short list of three qualified candidates. candidates often had the education but had no practical work experience. It was common that new hires would take a year or more to bring up to speed or to be able to function independently due to that lack of work experience. Retention of those same employees was a major challenge as urban county government functioned as an on-the-job training ground, thus losing many of those new hires within 12 to 24 months of a hire date. The result was an analysis. The result of that analysis was that it determined the urban county government salaries for computer services were much lower than could be found in comparable government agencies. It was proposed that a supplement would be added to those computer services positions to help bring the salaries closer to the median range. The supplement ranged from 6% for some to as much as 20% for others. Ordinance 2127 was revised granting supplement to computer services positions. specifically Section E. What has it accomplished thus far? Urban County Government has been able to attract experienced and very talented computer services candidates. Turnover has dropped significantly. Many have been here seven to ten years. Many are in the audience now. Urban County Government has been able to tackle far more complicated computer services tasks, projects, and goals than prior to the enacting of the supplemental pay. Overall, the efficiency, responsiveness, and talent base has increased significantly since 2000. Unfortunately, the supplemental pay mechanism has been poorly managed since 2000, to say the least. The comprehensive market study of computer salaries has not been performed since 2000. In many cases, employees hired after enacting supplemental pay has not been officially informed that supplemental pay could be removed at some point after employment. No formal process exists for periodic reviews of computer services related to those positions. Lastly, there's no formal process to determine if adjustments should be made to those salaries. So what are some of the risks if supplement pay is removed? Urban County Government will again see the struggles experienced prior to 2000 when trying to hire and retain talented and experienced computer services individuals. Urban County Government will again see very high turnover, serving once again as a training ground for lesser experienced new hires. Urban County Government will again see new hires leaving after 12 to 24 months to pursue other opportunities having higher salaries in environments that are smaller and having fewer responsibilities. As a side note, in the last nine months, we have already experienced the negative repercussions of attempting to hire computer services persons without providing supplemental pay. There are three instances. The first one is a computer analyst supervisor position has been advertised twice thus far on Monster.com without supplement and has produced exactly zero applications. Not candidates, zero applications. Secondly, a database administrator having a master's degree in computer science and no related work experience was hired without supplemental pay. There were only four total candidates derived from the applicants for that job. The other three didn't have any work experience. That person is currently employed and receiving on-the-job training, once again serving as a stepping stone for employees to better their opportunities in places other than government. urban county government had advertised twice a computer analyst position on the network team receiving very few qualified candidates a very well certified and experienced person was hired a little over six months ago without supplemental pay however exactly four days after his six month probation was up he submitted a letter indicating his intent to leave based on two issues The first is he has found out that his skills warrant a much higher salary outside of urban county government than what he is currently receiving without supplemental pay. And secondly, his employees in his area are paid more than he is, having less experience and far less certifications. Those employees have supplemental pay. You wonder why he took the job at all. His reason was the condition at his previous employer was degrading rapidly, and it was sink or swim for his career. Again, urban county government is acting as a stepping stone for this particular gentleman. You may ask yourselves, what processes might be affected if supplemental pay is removed and urban county government loses current computer services staff talent as well as be unable to attract new, qualified, and experienced talent? Those processes will include E911, environmental management during natural disasters, traffic management center, and traffic intersection integration. The Lexington.gov website, LexCol, police and fire's vast use of technology, including mobile data terminals in all police cars and fire trucks. Building inspection, code enforcement, and parks, all generating revenue. Information security, payroll, budget and revenue, law department's case management, the video streaming of these meetings, and your voting consoles. The list goes on. As you can see, there isn't much that urban county government does or provides that isn't tied to technology in some fashion. All of you, at approximately 1.50 a.m. on the morning of May 3rd, received from me a study entitled IT Job Market Research Report that I invested over 40 hours of my own time at no charge to urban county government or Lexingtonians. As stated in my report, I do not proclaim to be a human resources analyst and or a trained business analyst. I am, however, a network security engineer and information security officer certified, and I was raised in a home that provided me with a master's degree in common sense. Having said that, I applied that common sense degree in researching, gathering, and analyzing the computer services job market data, readily available on the Internet and in our local libraries, using the same techniques found in human resources, world at work publications. And yes, I had to take a crash course in human resources researching. Not only did I derive average expected salary data for local government computer services positions in Kentucky and nationally, and since urban county government compares itself with Louisville often, I additionally compared my findings with the average salaries of all of Louisville City Government's computer services staff and comparable positions with the University of Kentucky. My findings showed that the average UCG computer services salary with supplemental pay is within 1.3% of the average salaries of the Louisville IT department and within less than 1% of the same positions in the University of Kentucky. I also conducted a survey of our current employees that receive supplemental pay. My findings showed that 24% began looking for new employment within 24 hours after receiving the letter that supplemental pay was to be removed. An additional 38% will look for new employment if supplemental pay is removed. An additional 8% will be forced to retire due to the structure of the current retirement system. That's a total of 70% of our IT staff. That's 35 employees. Currently, there are, that I know of, 12% of our staff that have already had interviews. The basis for the removal recommendation of supplemental pay appears to have originated with Acting Human Resources Director Leslie Jarvis. The information submitted with her recommendation letter to CAO Maloney included, and I quote, several media reports regarding Kentucky's unemployment rate, jobs, and salaries in the information technology sector and other matters, end quote. The dates of the media reports ranged from December 2008 to March of the current year, having an average date of July 16, 2010, almost a year ago. The one article that was attached that even remotely relates to information technology and computer services is dated November 20, 2009, over a year and a half ago when the IT job market was actually in a poor state. While Kentucky has one of the highest unemployment rates in the country, Fayette County is tied number one with Whitford County and having the lowest in Kentucky. That being 1% below the national average and 2.3% below Kentucky's average unemployment rate. In the comprehensive annual financial report dated February 28, 2011, filed and submitted by our own commissioner, Jane Driscoll, it is stated on page 7 that unemployment is down in our own local economy. It is very clear that the employment market conditions supporting the salary supplements have not changed so as to make the salary supplement unnecessary as stated in the current ordinance. In closing, I would like to point out that a council person's question just two days ago in a committee of the whole meeting inquired as to whether fire personnel salaries have been compared to cities outside of ours. I would hope that that same question would be asked of computer services positions. Also, I ask council members to please reconsider the removal of supplemental pay from the 2012 mayor's proposed budget based solely on process impact and the non-acceptance of highly inappropriate and incomplete market research information that accompany Ms. Jarvis' recommendation to remove supplemental pay. I can be available for questions after the meeting, and I thank you for your time and consideration. Thanks, Gary. Gary, can you tell us whose time was yielded to you again? Yes, sir. All right. That was Alan. Alan. Okay. Superwoman. Are they here? Yeah. Okay, great. Alan and Sue. Okay. Ron, okay. Okey-doke. All right. Is that it? Okay. All right. Okay, so I now have Jason Thompson. Jason, want to speak? Okay, you yielded as well. Okay. Scott, Scott Estes, you yielded. Okay, Scott. What about Scott Snowden? Did you say Scott? Yep, yep, yep, yep. All right. Sorry, sorry. All right. And Steve Stewart? Steve, okay. Patrick Morrissey. Patrick? Okay. Yielding, yielding, yielding clap. Oh, there you go. Thanks, buddy. Appreciate y'all's good humor. Thank you all. I understand. All right. Is there anyone else that wishes to speak on the budget tonight? I have Chuck Woosley. Is Chuck separate from Chuck? You going to speak on the budget? All right. And Billy Mallory? Is Billy here? Okay. You want to let Billy, since she's closer to the microphone? Okay. You look like you're ready to jump up there. My name is Billy Mallory, and I live at 549 Mustang Crossing, which is in the East End, and I'm here in support of CLEAR. And for those of you who may not know what CLEAR is, it really boils down to community policing. And we are, in the central sector, are very fortunate in one way to have a CLEAR unit, But those neighborhoods who have CLEAR were specifically selected because they had high crime rate, which included drugs, prostitution, and violence. So that's the downside. But we've been very fortunate to have a CLEAR officer in our neighborhood. And it has made a significant impact. And I would hate to think of what would happen to our neighborhoods if we were to lose our queer unit. Our officer, Brian, comes to our neighborhood meetings every month, and not just to our neighborhood meetings, but to several others. He gives a report out of all of the crimes, all of the statistics that have happened over that prior month. he listens to what our concerns are very specifically, and if people want to speak in private to him and give names, addresses, or whatever, they're able to do that in a very nonthreatening way. And I call Brian by name. Even though he doesn't live in our neighborhood, we very much consider him a valuable member of our community because he gives so much of his time, his energy. In addition to that, I have Brian on speed dial. I can call Brian anytime and say, Brian, something's not looking right up on the corner of such and such. And he'll say, okay, I'll report that to patrol. In two or three days, I can get a call back from Brian and he'll say, you know what? We checked that out. We found drugs. We found guns. We made this many arrests. I don't think that normally happens with patrol. You may make a report. You may call 911, but you never know what the result is. But we have that kind of relationship where we know Brian by name. He knows us by name. He knows many other people in the neighborhood by name. He knows who their kids are. He knows who their mama is. And so he can call them out. And so we would really like for you to consider keeping our clear officer. And I can only speak for my neighborhood, but we definitely want to keep our clear officer in the central sector. And kind of a personal aside, Officer Brian Durham was actually killed in our community. Now, we did not know Brian personally, but we took that very personal because he gave his life protecting our community. And so we feel very attached to our officers. And our neighborhood associations came together and did a memorial service in Duncan Park to show our appreciation for Brian and to his wife and to the rest of the police department. So we really do hold our clear officers and all of our police officers very dear and really do want to keep them near. Thanks, Billy. All right. Chuck? I'm Chuck Woosley, 3421A Malibu Circle City. I come this evening to discuss the basic discharge of the security operations within LFUCG. I have compounded a letter and I have 16 copies. I'd like to submit them for each member of the council. If that would be agreeable. I'll pass them around, Chuck. Thank you. Yes, sir. One area from Tuesday night session that concerned me was the $200,000 figure for savings going contract compared to in-house. And I have problems with that figure. I don't see the reality of it. One thing that interested me was Mr. Lane's suggestion. It was intriguing as far as maybe a solution for the problem. But I know there's probably concerns about me and David. I taught David. I was supervisor when he came on site. And I basically instructed him through his process. We may have differences. He's from the new school. I'm from the old school. And, but we still, when it comes to the bottom line, we both have concerns for LFUCG security now and in the future. and basically that's about all I have to say. Thank you. Chuck, thank you. Does anyone else wish to speak on the budget? Okay. Let me thank, I feel like I can speak on behalf of all the council members in saying thank you all who have been here. One of the, what I think we've learned over time is There are benefits to this thing called democracy, and there are sometimes burdens. And transparency can be challenging, but it's also what represents the strength of our democracy. We thank you all, everyone, for being here and for sharing your thoughts with us. I'll close the public hearing now on the budget. And we have two other public hearings, one on municipal aid program. The next one is municipal aid program, the municipal aid program. I'll open that hearing now and ask if anyone wishes to speak to please identify yourself. Does anyone wish to speak on the municipal aid program? All right. If there is no one then wishing to speak, I will close the hearing for the municipal aid program. We have another public hearing now for the coal severance tax. I'll open the floor to anyone who wishes to speak on the coal severance tax. All right. If there's no one wishing to speak on the coal severance tax, then I'll close the public hearing. Our last public hearing that's provided for tonight is the mineral severance tax public hearing. Does anyone wish to speak on the mineral severance tax? Okay. All right. Then if no one wishes to speak, we'll close the hearing on the mineral severance tax. Next on our agenda, item rowing numeral number eight is the committee reports from the Committee of the Whole, and I'll ask Vice Mayor Gordon to give us that report. Thank you, Mayor. I have several motions I'll bring forward from the Committee of the Whole Work Session on Tuesday, May 24, 2011, and the summary was approved that day for May the 10th. I move to remove, under ordinances for first reading, number three, relating to the height of fencing and place it into Planning and Zoning Committee. It's a motion and a second. Is there any discussion on the motion? Hearing none, all in favor, please say aye. All opposed, no. Motion carries. I move to remove from the docket number four under first reading of ordinances referring to definitions of catering and place it into the Budget and Finance Committee. Motion and a second. Is there any discussion? Hearing none, all in favor, please indicate by saying aye. Aye. Opposed, no. Motion carries. I move to table number eight under first reading of ordinances until the Committee of the Whole Work Session on June 7, 2011. Motion and a second. Is there any discussion? Hearing none. All in favor, please say aye. Aye. All opposed, no. The motion carries. I move to approve receiving additional information on the reorganization from the administration at the Committee of the Whole Work Session on June 7, 2011. Motion and a second. Is there any discussion? Hearing none, all in favor, please say aye. Aye. All opposed, no. The motion carries. I move to separate out the addresses on Richmond Avenue, number 31, under resolutions for first reading, and place on the docket number 31 as two separate resolutions. Motion and a second. Is there any discussion? Hearing none, all in favor, please say aye. All opposed, no. Motion carries. I move to approve delaying the presentation by Deputy Chief Boggs until there is written documentation to the Committee of the Whole Work Session on June 7, 2011. Motion is seconded. Is there any discussion? Hearing none. All in favor, please say aye. Aye. All opposed, no. Motion carries. I move to place on the docket under Resolutions for First Reading, amending Resolution No. 150-2011 to remove 400 McKenna Court and Units A and B 500 Shaftsbury from the changes to street names and property address numbers. Second. Motion and a second. Is there any discussion? Hearing none, all in favor, please say aye. Aye. All opposed, no. Motion carries. I move to place on the docket a resolution appointing James Edward Kemp, Joseph Daniel Reed, and Phil Wayne McConathy as reapportionment commissioners to lay out the district boundaries of the districts of the three fiscal court commissioners, three justices of the peace, and three constables pursuant to KRS 67.045, and providing that the reapportionment commissioners shall be compensated in the amount of $200 each. It's a motion and a second. Is there any discussion? Hearing none, all in favor, please say aye. Aye. All opposed, no. Motion carries. Mayor, the council went into a closed session, came out of the closed session, and adjourned. So that completes my report. Thank you. Thank you, Vice Mayor. All right. Are there any other motions? All right. Hearing none, we can move to a second reading of resolutions. Madam Clerk, will you give us a second? Do, do, do, do. Okay, ordinances. Sorry. Ordinance number one, an ordinance submitting certain of the budgets of the Lexington-Fade-Urban County Government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds, Schedule number 118. And number two, an ordinance submitting certain of the budgets of the Lexington-Fade-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 number 120. Is there a motion to approve? Move approval. Thank you. Motion by the Vice Mayor, second by Council Member Ellinger. Is there any discussion? All right. Madam Clerk, can you call the roll? Ms. Crosby is absent. I turn. 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. Stennett? Aye. Mr. Blues? Aye. Thank you. Okay. Susan, can you give us the first reading of the ordinances now? starting with number five because three and four were tabled number five an ordinance admitting certain of the budgets of the lexington fayette urban county government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds schedule number 121 number six an ordinance authorizing the division of emergency management 9-1-1 to purchase hardware software and network components and any related installation and maintenance services and licenses for additional expansion of the existing Central Kentucky 911 infrastructure and network from AK Associates, a sole source provider, at a cost not to exceed $175,000 in appropriating funds pursuant to Schedule No. 119. No. 7, an ordinance amending Section 21-52 of the Code of Ordinances, creating one position of Information Officer, Grade 113E, in the Division of Environmental Policy, abolishing one position of Information Officer, Grade 113E, in the Division of Government Communications, and transferring the incumbent effective June 20, 2011. And number eight was tabled. Are there any other motions? Okay. Then we can move on to the secondary. Resolution number one, a resolution accepting the bid of Aramsco Incorporated establishing a price contract for hospital PPE kits for the Division of Emergency Management 911. Number two. Madam Clerk, Council Member Ellinger has a comment on number two. Thank you, Mayor. When we got here, we received this package here that had information from Winchester Towing. And I'm curious, I think, Mr. Todd, did you present this to us? I'd like to follow up with this. And also, I guess I'd like to also get input then from the other attorney also. Could you give them a copy then, please? And I guess also if we have purchasing here, too, because I think we need a comment from them. Mr. Todd, would you want to address that? Point of order, Mayor. Three minutes. Mayor, point of order, are we going to have a public hearing on this? Yeah. What are we? All right. I'd like to have three minutes just to speak on this information. All right. I just appreciate three minutes. I'm not sure if that's out of order. I appreciate your indulgence. We've given you a packet. Actually, Mr. Winchester and his wife Kathy prepared this and submitted it to you, and it expresses the letter on the front cover summarizes what has transpired from their vantage point and why they feel that they still have submitted the lowest bid. that satisfied the specific requirements, and that somehow or other they've been told now that they don't qualify or their bid was deficient. And to support their letter, they've provided again to you a copy of the bid, a copy of what they feel the costs that are going to be saved by the citizens as a result of their bid. They've also provided a copy of their responses to Mr. Martin's memo to the mayor, a copy of which was given to us later on in the process. And in addition, they've given you photographs showing, from a comparative standpoint, why their location is more apt to provide the services and a cleaner, more efficient lot. They've given you the other documents that I think you have seen before. And from our perspective, I think the last paragraph of his letter addresses very clearly what he would like for you to do. He feels that he has submitted the appropriate bid. He was the lowest bidder. His lot is the best. He has the equipment necessary or a letter of credit to acquire it. And he's simply saying to you, I mean, if this is a matter of indifference, okay, fine. If not, come out and visit his lot. See both lots. And then judge for yourself, and we'll stand by whatever your position may be. From my perspective, having been in your seat for eight years, having been involved in this process, I'm somewhat surprised that when a citizen submits a bid that's the lowest bid, He satisfies the specs. No one ever communicated that he did not. That he's informed that he's somehow or other not qualified. And I would submit to you as a suggestion that in instances in the future where a person has submitted the lowest bid and there is some issue, technical issue, that wasn't initially rejected out of hand, that he ought to at least be given the opportunity for peer review in this process. If you don't give him the opportunity to sit down and discuss these issues with people, you're going to discourage others from investing in your citizenry, investing in your process, and they probably will not be involved in the bid processes. And I don't think you want that. I wouldn't. So I'm asking you from his personal perspective to take a look at this, come out and judge it for yourself. And if you don't wish to do that and you want to let this thing go through, at least look at your bid process in the future and maybe make some changes that will be fair to other people. Thank you. Thank you, Mr. Todd. Ms. Wiseman, you wish to respond. All right. I don't know. I don't think anybody's here from purchasing. Is Brian okay? I know we've gone through this before, so I don't know if you have something to add to it. You might want to. We're on the second read. But, Rena. Thank you, Mr. Mayor. Members of the Council, again, I'm Rena Wiseman here for Bluegrass Toe, and Andy Alton, one of the owners, is also here. I'll not reiterate what I've said to you in prior discussions. Again, the objection is with respect to the process. There are procedures in the bid specs where those concerns could have been raised to the divisions of purchasing, and they were not. It's been at least two weeks since the recommendation was formally presented to this Council, and the mayor said at the end of that meeting and two weeks ago this evening that those of the council had two weeks to gain to find out whatever information you felt you needed. And that's been available at the Division of Purchasing. I don't think it's necessary to adopt some ad hoc procedure that Mr. Todd suggests that everybody on the council needs to go out and look at each lot. We have a process. It's been followed. We have not been presented with anything yet that suggests that the bid that we have submitted is not the most responsive, responsible, and, yes, lowest bid. We disagree, but the one cost to the government is the lowest bid by our package. So we would ask you again to follow the recommendation of purchasing, which has been consistent throughout this process, and they have made their specific reasons known to you. And if the other bidder doesn't know those reasons by now, it's not because they haven't had an opportunity to find out those reasons. They've been stated in this forum. And it's also been the recommendation of your Division of Police, who works day-to-day with the towing company. So we would simply ask that you follow the recommendation. We think the process has been followed, and it's been fair. And we appreciate your attention to this and ask you to support the recommendation of your divisions. Thank you. Thank you, Ms. Wiseman. Brian. We've addressed the issues at the last meeting, but if there's any questions that you all may have about the process, we still are comfortable with what our recommendation was at the time. and we just, if you have questions about any of that process, but if there needs to be an open discussion about the process going forward in the future, you know, we're willing to do that as well. You've got your task force for purchasing that's working now, right? Yes. So that might be something that you all examine. Yes, sir. Any questions? Brian? All right. Mr. Lane. Could you just briefly state, you know, for the people here and people watching on TV, you know, the difference in the two bids and why one was accepted and the other one was rejected? Well, as I addressed at the last meeting, there are submittal requirements and then there are review requirements when you go to the sites and look at the lots. we feel like that the recommended bidder met the minimum requirements of the submittal and also the responsible component of the bid, which gives us a comfort level that they have worked in this arena, and it also gives the Division of Police the comfort level, that they have the ability to manage this contract appropriately for the citizens of Fayette County. And one of the things that we talked about was the fact that the CTS bid did not clearly identify the subcontractors, and so we had a discomfort level with what the relationships were and how that may impact this operation as well. CTS also acquired a building permit to put the fence up around their lot on March the 11th. They were operating off of Tucson Drive before that. We don't have any idea whether or not they worked with these other subcontractors that they brought forth later. It doesn't give us a comfort level of turning over this book of business to CTS Toyin based upon their initial submittal and also their ability to prove to us that they had worked as an entity together. All right. No, we've given the three minutes already. I think that we've given everybody an opportunity. This is the second round. This reminds us of the value of our process. I think that's what's been observed tonight, and we've given two weeks for the process and for the questions to be asked. So, Madam, if there's no other questions for Mr. Markham, Madam Clerk, You may continue. Resolution number two, 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 three, 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 four, a resolution authorizing and directing the mayor on behalf of the urban county government to execute an amendment to agreement with 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 five, 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 FY 2011 and FY 2012 during the regular swimming season. Number six, a resolution authorizing and directing the Division of Parks and Recreation to keep Berry Hill and Constitution pools open for FY 2011 and FY 2012 during the regular swimming season. Number seven, 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 in 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 FY 2011. Number 8, a resolution authorizing the mayor on behalf of the Urban County Government to execute an amendment to lease agreement with 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 9. Number 11. Number 12, a resolution authorizing the mayor on behalf of the urban county government to execute the Seniors Plan Master Contract with Anthem Health Plans of Kentucky, Inc. for the police and firefighters' senior plan at no cost to the urban county government. Number 12, 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 13, 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 14, 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 facilities facility for IPS, Baylor's Manufacturing Incorporated, a sole source provider at a cost not to exceed $28,000. Number 15, 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 16, 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 17, a resolution of the Urban County Council providing that the citizen's advocate position shall be a part-time position. Number 8 and number 18, 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. Thank you, Madam. Thank you, Susan. Are there any – is there a motion to approve? Move approval. Second. There is a motion by the Vice Mayor, second by Council Member Ellinger. Is there any discussion on the ordinances? I'm ready for a vote then. Madam Clerk, would you call the roll, please? Ms. Crosby is absent. Mr. Ellinger? No on 17, yes on the rest. I will denote your vote. Mr. Farmer Mr. Ford No on 17 Yes on all the rest I will denote your vote Ms. Gorton No on 6 Yes on the rest I will denote your vote Ms. Henson Yes Mr. K. No on six. Yes on the rest. I will denote it. Mr. Lane. Yes. Thank you. Ms. Lawless. No on six. Yes on the rest. I will denote that. Mr. Martin. I'm going to recuse on number eight. A family member has a consulting contract with Community Action Council, and therefore I have a conflict. Yes on the rest. That was number eight? Number eight. Thank you, sir. Mr. McCord? Yes. Mr. Myers? No on 17. Yes on the rest. We'll denote that. Mr. Stennett? No on 17. Yes on the rest. We'll denote that. Mr. Blues? No on six. Yes on the rest. I will denote that. Okay, there's four no's on number 17, so it still passes. So the vote reflects passage of all the second read ordinances, resolutions, head eight. All right. Madam Clerk, will you give us a first read, please, ma'am, on the resolutions. Resolution 31 will be split. That's all ready. We've already discussed that. Okay. Yes, sir. So you'll read 31A and 31B? Yes, sir. Okie dokie. Thank you, ma'am. Resolution number 19, a resolution accepting the bids of Batteries Plus Worldwide Equipment, Truck Pro, and KOI Auto Parts, establishing a price contract for truck and automobile batteries for the Division of Facilities and Fleet Management. Number 20, a resolution accepting the bid of InterSpyro, incorporating a establishing a price contract for a complete scuba dive system for the Division of Fire and Emergency Services. 21, a resolution accepting the bid of Metis Incorporated Establishing a Price Contract for Police Badges for the Division of Police. 22, a resolution accepting the bid of Fabrication Solutions Incorporated Establishing a Price Contract for Bicycle Racks for the Department of Public Works and Development. 23, a resolution accepting the bids of Wilson Equipment Company, LLC Equipment Sales and Rental, Hertz Equipment Corporation, and Brandeis Machinery and Supply Company. establishing price contracts for equipment rental for the Division of Streets, Roads, and Forestry. Number 24, a resolution accepting the bid of Tom Chestnut Excavation and Construction, LLC, establishing a price contract for the fencing for Manowar Boulevard for the Division of Streets, Roads, and Forestry. Number 25, a resolution accepting the bid of Stafford Environmental Services Incorporated doing business as Bird Solutions International, establishing a price contract for the installation of bird control netting for the Division of Waste Management. Twenty-six, a resolution accepting the bids of Swartz Mowing Incorporated and Leak Eliminators, LLC, establishing price contracts for litter and debris removal for stormwater infrastructure for the Division of Water Quality. Twenty-seven, a resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute an amendment to agreement with the Kentucky Transportation Cabinet for extension of the Safe Routes to School project through June 30, 2012 at no cost to the Irvin County Government. Number 28, 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 extension of the Old Frankfort Pike Alexandria Drive stone fence project through June 30, 2012 at no cost to the urban county government. Twenty-nine, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute change order number one to the contract with CDP Engineers, incorporated for the Green Acres Storm Sewer Project, increasing the contract price by the sum of $29,500 from $260,000 to $289,500. Number 30. Park Incorporated, $400. Squire Oak Homeowners Association Incorporated, $400. Childsburg Maintenance Association Incorporated, $325. Retired Professional Football Players of Kentucky Incorporated, $675. And the Salvation Army, $750. For the Office of the Urban County Council, it costs not to exceed the sums stated. 31A. A resolution changed in the street names and property address numbers of 2905 Liberty Road to 2927 Blairden Circle of 996, 992, 988, 989, 984, and 985 De Poris Avenue, 2511, 515, 519, 520, 523, and 524 Erie Road of 1529A and B Port Royal Drive to 1968 Fair Oaks Drive, Unit 101 and 102 of 501 Blue Sky Parkway to 5031 to Joe Mars Street of 212 Rose Street to 350 Latrobe Court of 658 Dodge Street to 166 Lee Street of 1 Imperial Court to 779 New Town Pike of 1460 New Town Pike to 1390 Olivia Lane of 1901 Seven Pines Drive to 1502 Port Royal Drive of 3695 Nicholasville Road to 110 Roger Drive of 798 Georgetown Street to 711 Scoop Brown Way of 1102 Winchester Road to 776 Statesman Way of 439 440, 436, 435 428, 431, 424 427, 420 and 416 Bangberger Road to 900, 903 907, 908, 911 912, 915, 916, 919, and 923 Waverly Drive, and of 3445 Richmond Road to 3743 Yorkshire Medical Park, and changing the property address numbers of 823 through 825 Euclid Avenue to 825 Euclid Avenue of 1829 Fildon Drive to 1819, Field and Drive of 535 through 539 Goodloe Street to 535 Goodloe Street of 141 Midland Avenue to 143 Midland Avenue of 797 East New Circle Road to 781 East New Circle Road of 252 Old Mount Tabor Road to 276 Old Mount Tabor Road of 342 Preston Avenue to 340 Preston Avenue of 1528 Roanoke Road to 1530 Roanoke Road of 261 through 267 West Short Street to 259 West Short Street of 120 Walton Avenue to 128 Walton Avenue and of 3304, 3306, 3308, 310, excuse me, 3310, 3312, 3314, 3316, 3318, 3320, and 3322 Wood Valley Court to 3302, 3304, 3306, 3308, 3310, 3312, 3314, 3316, 3318, and 3320 Wood Valley Court, all effective 30 days from passage. And number 31B, a resolution change in the property address numbers of 3, 2, 5, 4, 7, 7, 6, 9, 8, 11, 10, 13, 12, 15, 14, 17, 16, 19, 18, 21, 20, 23, 22, 25, 24, 26, excuse me, 27, 26, 29, 28, 31, 28 and a half, 33, 30, 35, 32, 37, 34, 39, 36, 41, 38, 43, 40, 43 and a half, 42, 45, 44, 47 and 51 Richmond Avenue. 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 169, 169, 169, 169, 169, 169, 169, 169, 169, 169, 169, 169, 169, 169, 169, 169, 169, 169, 169, 169, 169, 169, 169, 169, 169, 169, 169, 169, 169, 169, 169, 169, 169, 169, 169, 169, 169, 169, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, and 181 Richmond Avenue, effective 30 days from passage. 32. A resolution authorizing and directing the Department of Environmental Quality on behalf of the Urban County Government to provide funding to Lexington Children's Theater for an environmentally-themed program aid at the third grade students at a cost not to exceed $25,000. Number 33. A resolution authorizing and directing the Department of Environmental Quality on behalf of the Urban County Government to provide funding to AlexArts for a portion of the expense of a sound and video installation highlighting Town Branch Creek at a cost not to exceed $15,000. 34 A resolution authorizing the Mayor on behalf of the Urban County Government to execute agreements awarding neighborhood community and sustainability grants to First United Methodist Church, $2,500, Athens-Charlesburg Elementary PTA, $772. Aylesford Place Neighborhood Association, $2,475. Beaumont Residential Association, $2,500. Bellowood Neighborhood Association, $645. Blackford Oaks Place Owners Association, $2,500. Cumberland Hill Neighborhood Association, $2,210. Dove Creek Townhouse Owners Association, $2,500. Fairway Neighborhood Association $2,500 First Alliance Church $2,465 Gratz Park Neighborhood Association $773 Gratz Park Neighborhood Association $890 Hamburg Homeowners Association $2,500 Hillandale Christian Church $1,085 The Learning Center at Lindley TLC $2,500 North Limestone Neighborhood Association $2,500 Palomar Townhomes Homeowners Association $2,400 $142. Rosemont Baptist Church, $1,221. UK Students Sustainability Council, UKY, $1,439. Tan Bark Association of Neighbors, $2,500. Tates Creek Christian Church, $2,300. Temple Adith Israel, $2,500. Vine Vineyard Neighborhood Association, $1,174. Walnut Creek Homeowners Association, $2,500. William Wells Brown Neighborhood Association, $2,450. at a cost not to exceed the sums stated. Thirty-five, a resolution authorizing the mayor or his designee on behalf of the Urban County Government to execute a business associate agreement with Central Bank and Trust Company for processing emergency medical service EMS payments in compliance with HIPAA regulations at no cost to the Urban County Government. Number thirty-six, a resolution of the Lexington-Payette Urban County Government directing the Lexington-Payette Urban County Government Public Facilities Corporation to take certain formal actions as the agency, instrumentality, and as the constituted authority of the Lexington-Fayette-Irban County Government, specifically directing the issuance of and authorizing and approving $150 million, which amount may be increased or decreased by an amount of up to 10%. Lease Revenue Bonds Series 2011A, Eastern State Hospital Project of the Lexington-Fayette-Irban County Government, Public Facilities Corporation, and authorizing other actions in connection therewith. 37. A resolution of the Lexington-Fayette-Irban County Government, authorizing the advertisement for bids and the distribution of a preliminary official statement for the purchase of approximately $150 million. Lexington-Fayton-Irban County Government Public Facilities Corporation Lease Revenue Bonds Series 2011A Eastern State Hospital Project No. 38. A resolution ratifying the permanent civil service appointments of Phyllis Cooper, Director of Accounting, Grade 121E, in the Division of Accounting, Effective, May 15, 2011, Dennis Bevels, Custodial Worker, Grade 102N, in the Division of Facilities and Fleet Management, effective May 22, 2011, Anessa Snowden, Senior Adult and Therapeutic Recreation Services Administrator, Grade 116E, in the Division of Parks and Recreation, effective June 13, 2011. Number 39, a resolution authorizing the Mayor on behalf of the Urban County Government to execute concession contracts with various youth baseball leagues for operation of concession stands during the spring baseball season at no cost to the Urban County Government. Number 40, a resolution authorizing the Mayor on behalf of the Urban County Government to execute an environmental assessment license with Speedway, LLC, for groundwater contamination testing in Johnson Heights Park at no cost to the urban county government. Forty-one, a resolution initiating various zoning ordinance tax amendments to authorize changes of certain permitting and enforcement functions of the Division of Building Inspection to the Division of Planning and including creation of a zoning compliance permit. Forty-two, a resolution authorizing and directing the mayor on behalf of the urban county government to execute a rental agreement with Lexington Center Corporation for space for the senior intern luncheon at a cost not to exceed $1,000. Forty-three, a resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute a catering contract with the Hyatt Regency Lexington for catering services for the senior intern luncheon at a cost not to exceed $5,000. Number forty-four, a resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute a memorandum of agreement with Chrysalis House Incorporated for services for Chrysalis House youth for the Department of Social Services, Division of Police, and the Division of Parks and Recreation at no cost to the urban county government. Forty-five, a resolution authorizing the mayor on behalf of the urban county government to execute an engineering services agreement contract with GRW Engineers, incorporated for development of a stormwater master plan, work plan, and the completion of Supplemental Environmental Project K2, as described in the consent decree at a cost not to exceed $436,385. 46, a resolution approving the FY 2011 budget and the Transit Authority of the Lexington-Fayette-Arvin County Government, Lex Tran pursuant to KRS 96A.360 and requesting that the Commissioner of Finance and Administration authorize the Fayette County Sheriff's Office to disperse the funds to Lex Tran collected from the ad valorem tax approved by the voters on November 9, 2004. and number 47 as walked on under the Committee of the Whole report, a resolution amending Resolution number 150-2011 to remove 400 McKenna Court and Units A and B, 500 Shaft Berry Road from the changes to the street names and property address numbers, and number 48 is also one of the walk-ons from the Committee of the Whole report, a resolution appointing James Edward Camp, Joseph Daniel Reed, and Phil Wayne McConathy as reapportionment commissioners to serve along with Don Blevins, Fayette County Clerk, who will be a non-voting member of the reapportionment commission, directing said reapportionment commissioners to lay off the district boundaries of the districts of the three fiscal court commissioners, three justices of the peace magistrates, and three constables pursuant to KRS 67.045, providing that the three voting members of the reapportionment commission shall be compensated in the amount of $200 each and directing the clerk of the Urban County Council to publish notice of the reapportionment proceedings. Thank you, Madam Clerk. Okay, are there any other walk-ons? No. All right. Any motions to suspend the rules? Give second reading. Would you all cue in there? Thank you. Mr. Blues. Thank you, Mayor. In light of our conversation this afternoon, I move to suspend the rules so that we can give second readings to number 36 and 37 at the request of the administration. because these programs need to be coordinated with the state, and time is of the essence. If council members have questions, the bond council is here, Mr. Merchant, and I'm sure he'd be glad to answer questions. So moved. Thank you. Can we take these all? We'll just take them all together as one motion. That's all right. Council Member Henson. Peggy, can you go to your microphone? Item 46, at the request of the administration, and they are on a state time frame that they have to get this passed. All righty. Council Member Ellinger. Thank you, Mayor. And we requested the Administration Number 42 and 43. This is a timing issue to secure the facilities for the senior intern luncheon. Thank you, Mayor. Thank you. Council Member Crosby. Thank you, Mayor. Also, at the request of the Administration, I would like to request a second reading on 20. Thank you. Thank you. Council Member Ford. Thank you, Mayor. I move that we suspend the rules and give second reading to Resolution Number 29. This is for the Green Acre Storm Sewer Project. Council Member Blues and I were at a neighborhood meeting in that area, and they have long been waiting for the opportunity to move forward with easement acquisitions. So move. Thank you. Thank you. We'll just pull them all together with one motion. All right. Council Member Myers. Thank you, Mayor. At the request of the Administration, I want to give a second reading to No. 44. It's a grant that they're trying to get submitted in a timely fashion. Thank you. Thank you. Council Member Stendon. Thank you, Mayor. On No. 47, so the residents can continue using their correct address and so they can go back before the Addressing Committee and be corrected. Thank you, Mayor. Thank you, sir. Is there anybody else? Nope. No other suspensions? All right. And Madam Clerk? No, well, I need a motion on all of them, right? All right. Yeah, these are second. Is there a motion to suspend the rules? Council Member Lawless. I'm sorry, I didn't hear the last one. The last one was 47. Thank you. I'll ask you. You can give a second read, Susan. All right. I need a motion to suspend the rules for the second read. I made the motion. That's right. And Council Member Meyer seconded. That's right. Is there any discussion? All right. All right. But the numbers are 20, 29, 36, 37, 42, 43, 44, 46, and 47. We need a voice vote. No, that's just a voice vote. And I think 29 was also in there. 29. I think I said 29. Yep. It's in there. All in favor of the motion, please indicate by saying aye. Aye. All opposed, no. Motion carries. All right, Madam Clerk, now. I'll give them a second reading. Number 20, the resolution accepting the bid of InterSpyro Incorporated Establishing Price Contract and price contract for a complete scuba dive system for the Division of Fire and Emergency Services, number 29, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute change order number one of the contract with CDP Engineers Incorporated for the Green Acres Storm Sewer Project, increasing the contract price by the sum of $29,500 from $260,000 to $289,500. Number 36, a resolution of the Lexington-Fayette Urban County Government directing the Lexington-Fayette Urban County Government Public Facilities Corporation to take certain formal actions as agency, instrumentality, and as the constituted authority of the Lexington-Fayette Urban County Government, specifically directing the issuance of and authorizing and approving $150 million, which amount may be increased or decreased by an amount of up to 10 percent. Lease Revenue Bonds Series 2011A, Eastern State Hospital Project of the Lexington-Faderman County Government Public Facilities Corporation and authorizing other actions in connection therewith. Number 37. We started with. A resolution of the Lexington-Faderman County Government authorizing the advertisement for bids and the distribution of a preliminary official statement for the purchase of approximately $150 million. Lexington-Faderman County Government Public Facilities Corporation Lease Revenue Bonds Series 2011A Eastern State Hospital Project. Number 42, a resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute a rental agreement with Lexington Center Corporation for Space for the Senior Intern Luncheon at a cost not to exceed $1,000. Number 43, a resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute a catering contract with the Hyatt Regency Lexington. for catering services for the senior intern luncheon at a cost not to exceed $5,000. Number 44, a resolution authorizing and direct to the mayor on behalf of the urban county government to execute a memorandum of agreement with Chrysalis House Incorporated for Services for Chrysalis House Youth from the Department of Social Services, Division of Police, and the Division of Parks and Recreation at no cost to the urban county government. Number 46, a resolution approving the FY 2011 budget of the Transit Authority of the Lexington Fayette-Arvin County Government, Lex Tran, pursuant to ARS 96A.360 and requesting that the Commissioner of Finance and Administration authorize the Fayette County Sheriff's Office to disperse the funds to Lex Tran collected from the Ed Valorum Tax approved by voters on November 9, 2004. And number 47, a resolution amending Resolution number 150-2011 to remove 400 McKenna Court and Units A and B 500 Shaftesbury Road from the changes to the street names and property address numbers. Thank you. Thank you. Is there a motion? Move approval. Second. Motion by Vice Mayor Gordon, second by Councilor Ellinger. Need a roll call vote. Ms. Crosby. Yes. Mr. Ellinger. Yes. Mr. Farmer. Yes, ma'am. Mr. Ford. Yes. Thank you. 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. Blues? Yes. Thank you. Thank you, Madam Clerk. So the vote reflects passage. Next on our agenda, communications from the mayor. He's agreed. Motion by Council Member Farmer, seconded by Council Member Crosby. Is there any discussion? Hearing none, all in favor, please say aye. All opposed, no. Motion carries. All right. Next on our agenda are announcements. And I believe Assistant Chief Bossy Newton, how are you doing, sir? I had to, yeah, please come up. My note said, I didn't think he was here. Good afternoon, Mayor and Council. I have an agreement of conformity for your approval tonight. This agreement of conformity is an allegation made against Detective Timothy W. Ball, employee number 37489, for the offense of unsatisfactory performance in violation of General Order 73-2H, Operational Rules, Section 1.11. One, agreed upon discipline for this agreement is 80-hour suspension without pay. Agreed. Motion. Motion by Council Member McCord, seconded by Council Member, Vice Mayor Gordon to approve. Through discussion, Council Member Ellinger. Thank you. Did you say eight or 80? 80. That's what I thought. Okay, thank you. Any other questions or comments by Council? All right. Ready to vote then? All in favor, please end Cable saying aye. Aye. Opposed, no. Motion carries. Thank you. Thank you, sir. Next on our agenda, public comments. Council Member Stenet. Sorry, I didn't see that. Thank you, Mayor. I just have a couple of announcements. One, you know, this is Memorial Day weekend coming up. I just want to take a moment to make sure everyone in our community reflects on the men and women who have fought for us to have the right to be here tonight and to have this weekend. It's not just another day to sleep in on Monday morning or to have off, but it's a day to reflect and spend time with your family. So I hope everyone will take an opportunity to do so. In a world today that we're facing many wars and many things are happening to change the way we live, and it's a good weekend to take time to reflect. I also want to kind of allude to the comments that Mary made earlier about our committee, the whole meeting. You know, often when we debate and have a discussion, it becomes contentious based on frustration and a lot of factors. And I want to apologize publicly to Leslie Jarvis because earlier when we were debating the issue of employment of an individual, my comments were not directed at her personally. And I know she sometimes is the bearer of some of the issues with human resources unfairly, and her name is placed on items that probably shouldn't be, and it comes from a different source. So, Leslie, I apologize, or Ms. Jarvis, for those comments earlier that were not directly at you, more so the process. And I hope we all will take heed to that warning in the future. And when we debate, it often does become contentious. But it's all in good spirit, and as the mayor said earlier, and I agree with, and thank you for saying it, it is pure and it is for the best of everyone in our community. So thank you, Mayor. Thank you, Council Member St. Smith. Thank you. Council Member Kay. Thank you, Mayor. Two weeks ago in the council meeting, we had a presentation regarding an inappropriate comment that had been made about sanitation workers. And in that meeting two weeks ago, I was not named as someone present, and I was not on that committee. But I went back and looked at the tape, and I found out that I was there, and I didn't remember it. So I want to add my apology publicly for also being present and not being sensitive to that remark. Thank you. Thank you, Council Member Kaye. Vice Mayor Gorton. Thank you, Mayor. I move that we go into closed session. Oh, I didn't see you. You still need it? No, it's okay? Public comment? I just wanted to thank Council Member Stenner for his comments because occasionally we do get a little bit excited on the council. And thank you so much for that. I appreciate it. Thank you. Council Member Lane. Okay. Vice Mayor Gordon. Okay. I move that we go into closed session pursuant to KRS 61.810.1F for the purpose of discussions which might lead to the discipline or dismissal of an employee. Second. Second. Motion by Vice Mayor Gordon, seconded by Council Member Ellinger to move into closed session. Is there any discussion? Mayor, I would ask that, you know, we do have people here for public comment. We want to take that first if we're going to be in here for a while. I would hate to make them wait for us to come out. I thought we covered all that. I didn't have anybody else signed up, but maybe Bernard? Bernard. Okay. If we could hold the motion. All right. Just dial it back for just a second. We'll hold the. Bernard. Okay. Okay. Your Honor, Your Honor and members of the Council, since you guys have decided you don't want to expand the urban service boundary this time around and want to have more redevelopment and less new development, I think this makes it all the more important that you guys should come up with a way to tax development, including redevelopment and infill. Through attaching an impact fee to every building permit issued in this county, since there never seems to be enough money in the budget to pay for the infrastructure we need, traffic keeps getting worse and worse, and I don't see enough roads getting built to do anything to fix it. And I know for sure that the state doesn't have the money to keep up with Lexington's growth, and neither do the feds. Therefore, that means there's going to have to be a local revenue source if we're ever to get a solution. See, when you have new development of new land that was empty before, developers have to at least put in certain streets and run the utility lines in at their expense. When you have redevelopment, that is somebody tears down existing buildings to put up taller buildings, Well, he's not doing anything about the utilities except he's overloading them. He's overloading the sewers, and he's dumping more traffic onto the streets that already exist. We need a mechanism to make those who are doing redevelopment at higher densities pay toward upgrading the street system to handle the extra traffic they generate, upgrading the sewers to handle the extra sewage. and probably upgrading other utility lines as well. And by the way, while I know that Memorial Day was created to honor the soldiers who died in wars, personally, I will be spending Memorial Day, furlough day tomorrow, and really the whole next nine days hammering nails, which is how strongly I believe in single-family homes, even if some of you want to cram us into apartments like sardines. Thank you, Mr. McCarthy. All right, we have a motion and a second. Is there any discussion to go into closed session? Hearing none, all in favor, please indicate by saying aye. Aye. All opposed, no. Motion carries. All right, if I can ask. The... Thank you. The End Thank you.