# Urban County Council Meeting - March 8, 2012 > Auto-transcribed civic record · March 8, 2012 - **Permalink**: https://meetings.lexingtonky.news/meeting/2430 - **Source video**: https://lfucg.granicus.com/player/clip/2430?view_id=14&redirect=true - **Date**: 2012-03-08 - **Last revised**: July 17, 2026 - **Length**: 11,766 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 Urban County Council met on March 8, 2012, at 6:00 p.m. in the Council Chambers at 200 E. Main St, Lexington, Kentucky, with Mayor Gray presiding. The council addressed 44 agenda items during the session, taking 28 motions and votes. The meeting included 1 public comment. The council passed five ordinances, including measures to abolish vacant and unfunded positions (Ordinance 0114-12), delay psychological exams for certain positions (Ordinance 0175-12), expand the Red Mile Development Area for tax increment financing (Ordinance 0180-12), restructure the Lyric Theatre and Cultural Arts Center Corporation board (Ordinance 0185-12), and amend budgets to reflect current expenditures (Ordinance 0228-12). An additional seven ordinances advanced to first reading, covering topics such as zoning changes, refuse collection services, alley closures, and the creation of a new Department of Planning, Preservation and Development. The council also passed 16 resolutions addressing various matters including bid acceptances for equipment and services, change orders for infrastructure projects, grant authorizations, civil service appointments, and agreements with external organizations. Notable passed resolutions included authorizing a SAFER Grant application, accepting a development agreement with Habitat for Humanity, extending Kentucky-American Water Company contracts, and approving the closure and demolition of pools at Berry Hill and Constitution Parks. An additional 20 resolutions were introduced for first reading, covering topics ranging from job advertising and grant applications to facility designations and mutual aid agreements. ## Attendance **Present:** - Mayor Gray - Council Member McChord - Council Member Myers - Council Member Stinnett - Council Member Beard - Council Member Blues - Council Member Crosbie - Council Member Ellinger - Council Member Farmer - Council Member Ford - Council Member Henson - Council Member Kay - Council Member Lane **Absent:** - Council Member Martin - Council Member Gorton - Council Member Lawless **Late:** None reported ## Votes and Decisions **Ordinance 0114-12** (Abolishing vacant and unfunded positions in various departments) was initially motioned by Ms. Henson and seconded by Mr. Ellinger but was withdrawn [timestamp: 00:03:32]. A second reading of **Ordinance 0114-12** passed on a roll call vote of 12-0, motioned by Mr. Blues and seconded by Mr. Beard [timestamp: 00:47:18]. All members voted in favor: McChord, Myers, Stinnett, Beard, Blues, Crosbie, Ellinger, Farmer, Ford, Henson, Kay, and Lane. **Ordinance 0175-12** (Delaying psychological exams until after a conditional offer) passed on a roll call vote of 12-0, motioned by Mr. Blues and seconded by Mr. Beard [timestamp: 00:47:18]. **Ordinance 0180-12** (Expanding the Red Mile Development Area for tax increment financing) passed on a roll call vote of 12-0, motioned by Mr. Blues and seconded by Mr. Beard [timestamp: 00:47:18]. **Ordinance 0185-12** (Restructuring the Lyric Theatre and Cultural Arts Center Corporation board) passed on a roll call vote of 12-0, motioned by Mr. Blues and seconded by Mr. Beard [timestamp: 00:47:18]. **Ordinance 0228-12** (Amending budgets to reflect current expenditures and re-appropriating funds) passed on a roll call vote of 12-0, motioned by Mr. Blues and seconded by Mr. Beard [timestamp: 00:47:18]. Multiple resolutions passed unanimously on roll call votes of 12-0, all motioned by Mr. Myers and seconded by Ms. Henson [timestamp: 00:05:54]: - **Resolution 0179-12** (Accepting bid from ODB for sweeper brooms) - **Resolution 0191-12** (Accepting bid from Central Ky. Recycling for debris removal) - **Resolution 0140-12** (Change Order No. 1 for McConnells Trace Greenway) - **Resolution 0159-12** (Emergency equipment purchase from Thermo Eberline) - **Resolution 0161-12** (Transfer of Williams Foam Trailer from Winchester Fire Department) - **Resolution 0165-12** (Change Order No. 3 to Clays Mill Road Improvements) - **Resolution 0168-12** (Agreement with University of Kentucky for Sexual Assault Treatment Program space) - **Resolution 0182-12** (SAFER Grant application for 28 firefighter hires) - **Resolution 0183-12** (National PAL Mentoring Day grant application) **Resolution 0245-12** (First reading authorizing conditional offers) passed on a roll call vote of 11-0 [timestamp: 00:07:58], motioned by Mr. Ellinger and seconded by Mr. Beard. A second reading with amendment to include Erica Schroeder passed 11-0 [timestamp: 00:08:58], motioned by Mr. Blues and seconded by Ms. Henson. **Resolution 0184-12** (Development agreement with Lexington Habitat for Humanity) passed 11-0-1 with one abstention [timestamp: 00:11:18]. Additional resolutions passed unanimously 12-0 [timestamps: 00:12:18-00:19:18]: - **Resolution 0249-12** (City of Cincinnati billing and collection services) - **Resolution 0251-12** (Kentucky-American Water Co. contract extension) - **Resolution 0224-12** (Pool closure and demolition at Berry Hill and Constitution Parks) - **Resolution 0246-12** (Ratifying probationary appointments) - **Resolution 0253-12** (Mayor's appointment communications) ## Budget and Financial Actions The meeting approved multiple financial actions totaling over $4.3 million in purchases, amendments, contracts, and grant applications. **Equipment and Construction Amendments** Ordinance 0206-12 authorized the purchase of a baler for the Material Recovery Facility from Municipal Equipment, Inc. for $351,465. Three change orders to existing construction contracts were approved: * Change Order No. 1 to the McConnells Trace Greenway Restoration Project contract with Advanced Mulching Tech d/b/a ECOGRO for $37,427.20 (Resolution 0140-12) * Change Order No. 3 to the Clays Mill Road Improvements Project contract with Woodall Construction Co., Inc. for $21,193.62 (Resolution 0165-12) * Change Order No. 1 (Final) to the Griffin Gate Pump Station Replacement Project contract with Grant's Excavating, Inc. for $5,105 (Resolution 0240-12) **Grant Applications** Five grant applications were approved: * SAFER Grant Program to hire 28 firefighters for $2,621,416 from the U.S. Department of Homeland Security, FEMA (Resolution 0182-12) * National PAL Mentoring Day grant for $5,000 from the National Association of Police Athletic/Activities League, Inc. (Resolution 0183-12) * Law Enforcement Service Fee Program for Traffic Alcohol Patrol for $100,010 from the Kentucky Justice and Public Safety Cabinet (Resolution 0223-12) * Street Sales Drug Enforcement Project for $50,000 from the Kentucky Justice and Public Safety Cabinet (Resolution 0236-12) * Brighton Rail Trail Phase 4 construction for $75,000 from the Kentucky Department for Local Government (Resolution 0238-12) **Service Agreements** Resolution 0242-12 approved an agreement with Harshaw Trane for design and engineering services at Police Headquarters for $97,117.73. Resolution 0249-12 authorized an agreement with the City of Cincinnati and Greater Cincinnati Water Works for billing and collection services for $1,160,000. ## Public Comment Greg Dixon addressed the council at approximately [timestamp: 01:20:13] to speak against a proposed local ordinance on metal recycling. Dixon expressed several concerns about the ordinance: * **Market conditions**: He argued the ordinance would create unfair market conditions for local businesses. * **Duplication of effort**: Dixon contended that the proposed local ordinance would duplicate existing state-level efforts, raising questions about the necessity of additional local regulation. * **Business impact**: He stated the ordinance would harm local businesses without effectively addressing the underlying problem. * **Theft prevention**: Dixon argued the ordinance would not effectively stop theft, questioning whether it would achieve its stated goals. Dixon urged the council to postpone action on the ordinance and instead work collaboratively with the metal recycling industry to address concerns. ## Appointments The following individuals were appointed or reappointed to various boards and commissions: **Charles Young Center Advisory Board** - Ms. Cheryl A. Birch (appointed) - Mr. Glenn Brown (appointed) - Mr. Charles F. Fields (appointed) - Ms. Sally J. Hamilton (appointed) - Ms. Joyce Elaine Parks (appointed) - Mr. Lamar A. Wilson (appointed) - Mr. Robert R. Jefferson (appointed) - Mr. Larry Johnson (appointed) - Ms. Sharon S. Reed (appointed) - Mr. Quinton L. Roberts (appointed) - Mr. Alvin M. Seals (appointed) **Civil Service Commission** - Dr. Margaret S. Verble (appointed) - Ms. Elisa F. Smith (reappointed) **Corridors Commission** - Ms. Elizabeth A. Mortenson (appointed) - Ms. Paula A. Singer (appointed) - Ms. Karen Angelucci (reappointed) **Downtown Development Authority Board of Directors** - Ms. Lynda M. Thomas (reappointed) **Emergency Medical Advisory Board** - Dr. Robert M. Wycoff (appointed) **Keep Lexington Beautiful Commission** - Ms. Blake S. Eames (appointed) - Mr. George M. Ely (appointed) - Lt. Christopher D. Schnelle (appointed) - Ms. Patricia J. Knight (reappointed) **Masterson Station Park Advisory Board** - Ms. Janet M. Cowen (reappointed) - Mr. Robert B. Russell-Tutty (reappointed) **Parks and Recreation Advisory Board** - Mr. Robert G. Simpson (reappointed) **Raven Run Citizens Advisory Board** - Mr. Lawrence J. Dusak (appointed) **Sister Cities Commission** - Councilmember Bill Farmer, Jr. (appointed) ## Contested Items **Retention of Unfunded Positions in Community Corrections** A heated discussion arose regarding whether to retain unfunded positions within the Division of Community Corrections. The core disagreement centered on staffing levels and their impact on public safety and operational capacity. Council Member Henson and Captain Capillo advocated strongly for retaining the unfunded positions, citing staffing shortages and safety concerns as justification for maintaining these roles despite the lack of dedicated funding. In contrast, the administration took a different position, emphasizing the importance of following a unified budgeting process. Administration officials also indicated that a new director should be brought in to conduct a comprehensive needs assessment before making final decisions about staffing levels. The debate reflected a fundamental tension between immediate operational needs and longer-term budgeting and planning procedures. Those supporting retention prioritized addressing current staffing gaps and safety issues, while administration advocated for a more systematic approach that would involve new leadership evaluating requirements before committing resources. ## Ordinance 0114-12: Amending Sections 21-5(2), 22-5(2), and 23-5(b) to abolish vacant and unfunded positions [timestamp: 00:47:18] The council discussed Ordinance 0114-12, which proposed amendments to abolish vacant and unfunded positions. During the discussion, a motion was introduced to retain certain unfunded positions in the Division of Community Corrections. **Key speakers and positions:** Council members Ms. Henson, Mr. Capillo, Ms. Driskell, and Mr. Mason participated in the discussion, along with Mayor Gray. **Issues raised:** The motion to retain unfunded positions in the Division of Community Corrections was based on concerns about staffing shortages and safety. However, both administration representatives and council members emphasized that a comprehensive needs assessment was necessary before making decisions about position retention. Council members stressed the importance of having a new director in place to conduct a thorough evaluation of staffing needs and priorities within the division. This assessment was viewed as essential to making informed decisions about which positions should be retained or abolished. **Outcome:** The motion to retain the unfunded positions was withdrawn. The ordinance to abolish vacant and unfunded positions passed. ## Ordinance 0175-12: Amending Section 23-18(b), (g)(1), and (i) to delay psychological exams **Overview** Ordinance 0175-12 proposed amendments to Section 23-18(b), (g)(1), and (i) to delay psychological examinations until after a conditional job offer has been made. [timestamp: 00:47:18] **Purpose** The ordinance was designed to ensure that psychological exams are conducted only following a conditional job offer, bringing the city's hiring practices into alignment with best practices in employment procedures. **Outcome** The ordinance passed. ## Ordinance 0180-12: Expanding Red Mile Development Area for tax increment financing Ordinance 0180-12 was presented for consideration during the March 8, 2012 meeting. The ordinance proposed expanding the Red Mile Development Area to support continued development and economic growth in the region. [timestamp: 00:47:18] The expansion was designed to proceed without altering any previously approved infrastructure commitments or revenue arrangements. This approach ensured that existing agreements and financial obligations remained intact while allowing the development area to grow. The ordinance was approved by the body, passing without noted objections or significant debate according to the available record. ## Ordinance 0185-12: Restructuring the Lyric Theatre and Cultural Arts Center Corp Ordinance 0185-12 was presented for consideration at the March 8, 2012 meeting [timestamp: 00:47:18]. The ordinance addressed restructuring the board of the Lyric Theatre and Cultural Arts Center Corporation. **Purpose and Changes** The ordinance was designed to restructure the corporation's board with the primary goals of increasing community representation and enhancing financial oversight. These changes were intended to improve the overall governance of the organization. **Outcome** The ordinance was approved and passed. ## Ordinance 0228-12: Amending budgets to reflect current expenditures Ordinance 0228-12 was presented to amend municipal budgets to reflect current expenditures across departments. [timestamp: 00:47:18] The ordinance was designed to re-appropriate funds across departments to address current municipal needs while maintaining fiscal responsibility. By adjusting budget allocations to match actual spending patterns and departmental requirements, the measure aimed to ensure that resources were directed where they were most needed. The ordinance passed. ## Ordinance 0226-12: Zoning change from B-1 to R-4 for 14.78 net acres at Winthrop Drive [timestamp: 00:48:43] Ordinance 0226-12 proposed a zoning change from B-1 to R-4 classification for 14.78 net acres located at Winthrop Drive. During this meeting, the ordinance received its first reading. The ordinance was placed on file for public inspection, which allows members of the public to review the proposal before the second reading takes place. This procedural step provides an opportunity for public comment on the proposed zoning change. The outcome of this agenda item was the completion of the first reading, with the ordinance advancing in the approval process. ## Ordinance 0206-12: Accepting bid for baler for Material Recovery Facility [timestamp: 00:48:43] Ordinance 0206-12 addressed the acceptance of a bid for a baler to be used at the Material Recovery Facility. The ordinance was placed on file for public inspection as part of the standard review process. The action taken on this ordinance resulted in acceptance of the bid, with funds appropriated for the equipment purchase. The ordinance received a first reading during this meeting. ## Ordinance 0203-12: Creating Section 16-6.2 for refuse collection services Ordinance 0203-12 was presented as an agenda item to establish new provisions under Section 16-6.2 for refuse collection services. The ordinance was placed on file for public inspection and addresses services related to small animal pickup and roll-off container use. The item received a first reading during this meeting [timestamp: 00:48:43]. No specific speakers or detailed discussion points were recorded for this agenda item in the available meeting materials. The ordinance advanced to first reading, indicating it will proceed to subsequent readings before final adoption. ## Ordinance 0213-12: Closing Hamm Alley and transferring right-of-way Ordinance 0213-12 was presented as an agenda item authorizing the closing of Hamm Alley and the transfer of the alley right-of-way to adjacent property owners. [timestamp: 00:48:43] The ordinance was placed on file for public inspection. The proposal includes the transfer of the alley right-of-way to adjacent property owners while reserving specified easements. The ordinance received a first reading at this meeting. ## Ordinance 0230-12: Amending sanitary sewer tap-on fees Ordinance 0230-12 was presented for its first reading during the meeting [timestamp: 00:48:43]. The ordinance amends sanitary sewer tap-on fees and was placed on file for public inspection. The ordinance updates fee categories and corrects a typographical error within the existing fee structure. No specific speakers were identified during the discussion of this item. The outcome of this agenda item was advancement to first reading status. ## Ordinance 0232-12: Transferring positions between Water Quality and Streets and Roads [timestamp: 00:48:43] Ordinance 0232-12 addressed the transfer of positions between the Water Quality and Streets and Roads departments to balance staffing needs across these city departments. The ordinance was placed on file for public inspection during this meeting. The measure received a first reading, moving it forward in the legislative process for further consideration. ## Ordinance 0237-12: Creating Department of Planning, Preservation and Development Ordinance 0237-12 was presented for first reading at the meeting on March 8, 2012 [timestamp: 00:48:43]. The ordinance proposes the creation of a new Department of Planning, Preservation and Development. **Purpose** The ordinance would transfer existing divisions and positions to establish this new department, with the stated goal of improving urban planning and preservation efforts. **Action Taken** The ordinance was placed on file for public inspection, advancing it to first reading status. This procedural step allows for public review before further consideration. ## Ordinance 0272-12: Amending budgets to reflect current expenditures Ordinance 0272-12 was presented as a measure to amend municipal budgets to reflect current expenditures. The ordinance was placed on file for public inspection and involved re-appropriating funds to meet current municipal needs [timestamp: 00:48:43]. The ordinance received a first reading during this meeting. No specific speakers or detailed discussion points were recorded for this agenda item in the available meeting materials. **Outcome:** The ordinance advanced to first reading. ## Resolution 0179-12: Accepting bid for sweeper brooms Resolution 0179-12 was presented for consideration to accept a bid for sweeper brooms [timestamp: 00:05:54]. The resolution established a price contract for sweeper brooms to be used by the Facilities and Fleet Management department. The bid was submitted by ODB and was approved for acceptance. This contract will provide sweeper brooms for the municipality's facilities and fleet management operations. The resolution passed without noted opposition. ## Resolution 0191-12: Accepting bid for construction and demolition debris removal [timestamp: 00:05:54] Resolution 0191-12 was presented for consideration to accept a bid for construction and demolition debris removal services. The resolution proposed accepting the bid from Central Ky. Recycling for the debris removal services. The resolution was approved and passed. ## Resolution 0140-12: Authorizing Change Order No. 1 for McConnells Trace Greenway [timestamp: 00:05:54] The body considered Resolution 0140-12, which authorized Change Order No. 1 for the McConnells Trace Greenway project. The resolution approved an increase to the contract price in the amount of $37,427.20. The resolution passed. ## Resolution 0159-12: Authorizing emergency equipment purchase Resolution 0159-12 was presented as an agenda item to authorize the purchase of emergency equipment from Thermo Eberline under a state grant [timestamp: 00:05:54]. The resolution was approved by the body. ## Resolution 0161-12: Accepting transfer of Williams Foam Trailer [timestamp: 00:05:54] Resolution 0161-12 addressed the acceptance of a foam trailer transfer from the Winchester Fire Department at no cost to the receiving entity. **Outcome** The resolution was approved. ## Resolution 0165-12: Authorizing Change Order No. 3 for Clays Mill Road [timestamp: 00:05:54] Resolution 0165-12 authorized a change order for the Clays Mill Road project. The resolution approved an increase to the contract price of $21,193.62. The resolution passed. ## Resolution 0168-12: Authorizing agreement with University of Kentucky Resolution 0168-12 authorized an agreement with the University of Kentucky to use space in the University of Kentucky Hospital Emergency Room for a Sexual Assault Treatment Program [timestamp: 00:05:54]. The resolution was approved without recorded discussion or debate. No specific concerns were raised during consideration of this agenda item, and no key speakers were identified in the meeting record. **Outcome:** The resolution passed. ## Resolution 0182-12: Authorizing SAFER Grant application The council approved Resolution 0182-12, which authorizes the submission of a SAFER Grant application [timestamp: 00:05:54]. The grant would provide $2.6 million in funding to support the hiring of 28 firefighters. The resolution passed without recorded opposition. ## Resolution 0183-12: Authorizing National PAL Mentoring Day grant [timestamp: 00:05:54] The body approved Resolution 0183-12, which authorizes the application for a $5,000 grant to support participation in the National PAL Mentoring Day. **Outcome:** The resolution passed. ## Resolution 0245-12: Authorizing conditional offers for civil service appointment Resolution 0245-12 was presented to authorize conditional offers for multiple probationary and unclassified civil service appointments across various departments [timestamp: 00:07:58]. **Key Speakers** Mr. Ellinger and Mr. Beard were the primary speakers on this agenda item. **Outcome** The resolution was approved and passed. ## Resolution 0246-12: Ratifying probationary civil service appointments [timestamp: 00:14:18] Resolution 0246-12 came before the body to ratify probationary civil service appointments. The resolution was presented by Mr. Ellinger and Mr. Myers. During discussion, an amendment was proposed that added a fourth unclassified appointment to the original resolution, which had initially covered three individuals. The amendment was incorporated into the measure. The resolution passed with the amendment included, thereby ratifying the appointments of all four individuals as modified. ## Resolution 0184-12: Authorizing agreement with Crestwood Christian Church Resolution 0184-12 authorized an agreement with Crestwood Christian Church to use the Mission Center for a conference on aging at no cost [timestamp: 00:15:18]. The resolution received a first reading during this meeting. The agreement allows Crestwood Christian Church to utilize the Mission Center facility without charge for the purpose of hosting a conference focused on aging-related topics. No additional discussion or concerns were documented for this agenda item. ## Resolution 0202-12: Authorizing internal and external job advertising [timestamp: 00:15:18] Resolution 0202-12 was presented for consideration to authorize internal and external job advertising procedures. The resolution establishes a process for advertising vacant positions, beginning with internal advertising opportunities. Should no qualified internal applicants emerge from the internal advertising process, the resolution permits external advertising to fill the position. The resolution received a first reading and was approved. ## Resolution 0204-12: Authorizing grant for 'Click it or Ticket' enforcement [timestamp: 00:15:18] The council considered Resolution 0204-12, which authorized the application for a $30,000 grant to support a safety belt enforcement campaign known as "Click it or Ticket." The resolution was approved on first reading. ## Resolution 0207-12: Authorizing Adopt-a-Spot Program agreement Resolution 0207-12 authorized a $772 agreement with Boy Scout Troop 100 for roadway cleanup under the Adopt-a-Spot Program. [timestamp: 00:15:18] The resolution received a first reading and was approved. ## Resolution 0231-12: Authorizing agreements with youth organizations Resolution 0231-12 was presented for authorization of agreements with youth organizations for council use [timestamp: 00:15:18]. The resolution authorized agreements with the following organizations: * South Lexington Babe Ruth * Dixie PTA * Kentucky PTA The resolution received a first reading and was approved. ## Resolution 0155-12: Authorizing partial release of easements Resolution 0155-12 was presented for consideration at the March 8, 2012 meeting [timestamp: 00:15:18]. The resolution authorizes the partial release of utility and storm sewer easements on property located at 4357 Victoria Ct. The resolution was approved for first reading. No additional discussion details, concerns, or speaker information were recorded in the meeting materials. ## Resolution 0208-12: Designating Lakeside Golf Course as a park facility Resolution 0208-12 was presented for consideration during the March 8, 2012 meeting [timestamp: 00:15:18]. The resolution sought to designate Lakeside Golf Course as a park facility where alcoholic beverages may be sold. The resolution received a first reading and was approved. No specific speakers or detailed discussion points were recorded in the meeting materials provided. ## Resolution 0209-12: Authorizing mutual aid agreement with Safety Tec [timestamp: 00:15:18] Resolution 0209-12 was presented for consideration to authorize a mutual aid agreement with Safety Tec for emergency services at no cost. The resolution received approval and was advanced to first reading. ## Resolution 0212-12: Accepting donation of ping pong table [timestamp: 00:15:18] The body considered Resolution 0212-12 to accept a donation of a ping pong table for the Dunbar Community Center. The resolution received a first reading during this meeting. The resolution was approved at first reading. ## Resolution 0223-12: Authorizing grant for Police overtime [timestamp: 00:15:18] The council considered Resolution 0223-12, which authorizes the application for a $100,010 grant to support Traffic Alcohol Patrol overtime. The resolution received a first reading during the meeting. The grant funding is designated to support overtime costs associated with the Traffic Alcohol Patrol program. The resolution was approved and advanced to first reading status. ## Resolution 0229-12: Authorizing seminar on medication and heart health Resolution 0229-12 was presented for authorization of a seminar on medication and heart health to be hosted at the Fayette County Cooperative Extension Facility. [timestamp: 00:15:18] The resolution received approval and advanced to first reading. ## Resolution 0236-12: Authorizing grant for Street Sales Drug Enforcement Project Resolution 0236-12 sought authorization to apply for a $50,000 grant for the Street Sales Drug Enforcement Project [timestamp: 00:15:18]. The resolution included a local match requirement of $16,667. The item received a first reading and was approved. ## Resolution 0238-12: Authorizing grant for Brighton Rail Trail Phase 4 This resolution sought authorization to apply for a $75,000 grant for trail construction as part of the Brighton Rail Trail Phase 4 project. [timestamp: 00:15:18] The resolution received approval and advanced to first reading. ## Resolution 0239-12: Authorizing development agreement with Habitat for Humanity [timestamp: 00:11:18] The resolution to authorize a development agreement with Habitat for Humanity was presented for consideration. The measure addressed the transfer of properties from the Neighborhood Stabilization Program to Habitat for Humanity. **Key Speakers** Ms. Henson and Mr. McCord were the primary speakers on this agenda item. **Outcome** The resolution passed. ## Resolution 0240-12: Authorizing Change Order No. 1 for Griffin Gate Pump Station [timestamp: 00:15:18] Resolution 0240-12 authorized a change order for the Griffin Gate Pump Station project. The resolution approved an increase to the contract price of $5,105 for the pump station work. The item received a first reading during the meeting. No additional discussion details or concerns were documented in the meeting record. The resolution was approved. ## Resolution 0242-12: Authorizing agreement with Harshaw Trane Resolution 0242-12 authorized an agreement with Harshaw Trane for engineering services at Police Headquarters. [timestamp: 00:15:18] The resolution received a first reading and was approved. ## Resolution 0248-12: Authorizing agreement with First Bracktown, Inc. [timestamp: 00:15:18] Resolution 0248-12 authorized a $625 agreement with First Bracktown, Inc. for council use. The resolution received a first reading during this meeting. No speakers were identified during the discussion of this agenda item, and no specific debate or concerns were documented in the meeting record. **Outcome:** The resolution passed first reading. ## Resolution 0249-12: Accepting City of Cincinnati's bid for billing services Resolution 0249-12 was presented for consideration to accept the City of Cincinnati's bid for billing and collection services [timestamp: 00:18:18]. The resolution was approved by the body. ## Resolution 0251-12: Extending Ky.-American Water Co. contracts [timestamp: 00:18:18] Resolution 0251-12 was presented for consideration to extend three billing and collection contracts with Kentucky-American Water Company. The resolution sought to extend these contracts through August 31, 2012. The resolution was approved by the body. ## Resolution 0224-12: Approving closure and demolition of pools at Berry Hill and Constitution Parks [timestamp: 00:19:18] The council considered Resolution 0224-12, which proposed closing and demolishing the pools located at Berry Hill and Constitution Parks. The resolution included plans to reprogram the sites following demolition, with a softball field planned for one location and a skate park for the other. Key speakers on this agenda item included Mr. Myers and Mr. Ellinger, who presented information and participated in discussion regarding the pool closures and planned site redevelopment. The resolution was approved by the council. --- ## Decisions - **Ordinance 0114-12** — withdrawn: Amending Sections 21-5(2), 22-5(2), and 23-5(b) of the Code of Ordinances to abolish vacant and unfunded positions in various departments - **Ordinance 0114-12** — passed (12-0): Second reading of Ordinance amending Sections 21-5(2), 22-5(2), and 23-5(b) to abolish vacant and unfunded positions - **Ordinance 0175-12** — passed (12-0): Second reading of Ordinance amending Section 23-18(b), (g)(1), and (i) to delay psychological exams until after a conditional offer - **Ordinance 0180-12** — passed (12-0): Second reading of Ordinance amending and reenacting Ordinance No. 47-2010 to expand the Red Mile Development Area for tax increment financing - **Ordinance 0185-12** — passed (12-0): Second reading of Ordinance amending Section 2-268 to restructure the Lyric Theatre and Cultural Arts Center Corporation board - **Ordinance 0228-12** — passed (12-0): Second reading of Ordinance amending budgets to reflect current expenditures and re-appropriating funds - **Resolution 0179-12** — passed (12-0): Second reading of Resolution accepting bid from ODB for sweeper brooms for Facilities and Fleet Management - **Resolution 0191-12** — passed (12-0): Second reading of Resolution accepting bid from Central Ky. Recycling for construction and demolition debris removal - **Resolution 0140-12** — passed (12-0): Second reading of Resolution authorizing Change Order No. 1 to contract with Advanced Mulching Tech for McConnells Trace Greenway - **Resolution 0159-12** — passed (12-0): Second reading of Resolution authorizing purchase of emergency equipment from Thermo Eberline under Homeland Security Grant - **Resolution 0161-12** — passed (12-0): Second reading of Resolution authorizing transfer of Williams Foam Trailer from Winchester Fire Department - **Resolution 0165-12** — passed (12-0): Second reading of Resolution authorizing Change Order No. 3 to Clays Mill Road Improvements Project contract - **Resolution 0168-12** — passed (12-0): Second reading of Resolution authorizing agreement with University of Kentucky for Sexual Assault Treatment Program space - **Resolution 0182-12** — passed (12-0): Second reading of Resolution authorizing SAFER Grant application for 28 firefighter hires - **Resolution 0183-12** — passed (12-0): Second reading of Resolution authorizing National PAL Mentoring Day grant application - **Resolution 0245-12** — passed (11-0): First reading of Resolution authorizing conditional offers for probationary and unclassified civil service appointments - **Resolution 0245-12** — passed (11-0): Second reading of Resolution authorizing conditional offers with amendment to include Erica Schroeder - **Resolution 0245-12** — passed (12-0): Second reading of Resolution authorizing agreements with South Lexington Babe Ruth, Dixie PTA, and Kentucky PTA - **Resolution 0184-12** — passed (11-0): Second reading of Resolution authorizing development agreement with Lexington Habitat for Humanity - **Resolution 0249-12** — passed (12-0): Second reading of Resolution accepting City of Cincinnati's bid for billing and collection services - **Resolution 0251-12** — passed (12-0): Second reading of Resolution authorizing extension of Ky.-American Water Co. contracts - **Resolution 0224-12** — passed (12-0): Second reading of Resolution approving closure and demolition of pools at Berry Hill and Constitution Parks - **Resolution 0246-12** — passed (12-0): First reading of Resolution ratifying probationary appointments of James Clark, William Dixon, and Patrick McFadden - **Resolution 0246-12** — passed (12-0): Second reading of Resolution ratifying probationary appointments with addition of Jenifer Benningfield - **Resolution 0253-12** — passed (12-0): Approval of Communications from the Mayor regarding appointments - **Resolution 0249-12** — passed (12-0): Second reading of Resolution accepting City of Cincinnati's bid for billing and collection services - **Resolution 0251-12** — passed (12-0): Second reading of Resolution authorizing extension of Ky.-American Water Co. contracts - **Resolution 0224-12** — passed (12-0): Second reading of Resolution approving closure and demolition of pools at Berry Hill and Constitution Parks --- ## Full transcript 8, 9, 10, 11, all right. Hello, everyone. Welcome. I'll call the meeting to order. This is a meeting of the Council. And first on our agenda tonight is the roll call, and then our invocation. Madam Clerk. Mr. Martin. Mr. McCord. Here. Mr. Myers? Here. Mr. Stennett? Yes, ma'am. Mr. Beard? Present. Mr. Blues? Here. Ms. Cosby? Mr. Ellinger? Here. Mr. Farmer? Yes, ma'am. Mr. Ford? Here. Ms. Gordon? Ms. Henson? Here. Mr. Kay? Here. Mr. Lane? Here. And Ms. Lawless? Thank you. Thank you, Madam Clerk. Meredith. Tonight we welcome Imam Insan Bagbi of the Masjid Belal. Thank you, sir, for joining us tonight again. And I greet everybody with the traditional greeting of Islam, As-salamu alaykum, which means may God's peace be upon you. And I begin with the traditional beginning of Islam, which is Bismillahirrahmanirrahim, which means in the name of God, the most compassionate, the most merciful. Let us pray. We give praises to you, O God, remembering that this world is your world. You are the creator, the master. You are the one who infused order and purpose in every particle of life. Therefore, O Lord, help us to be ever mindful of you and your presence as we walk this world. Help us to be grateful for all your bounties. We give praises to you, O God, remembering that it was you who created us. We didn't create ourselves. It was you who shaped and fashioned us from a simple clump of cells. Therefore, O Lord, help us to be your humble servants. To you, O Lord, we pray, bless this body, bless this council, bless this city. Show us the straight path that we might walk the walk of righteousness. Grant us wisdom and justice that our decisions might bring good in the earth. Pour out to us compassion that we remember the other. Remember those who suffer and hurt. And in particular, tonight we remember and ask your blessings on all the tornado victims, our neighbors here in Kentucky and other states. Grant them ease and perseverance and determination to recover. Amen. Amen. Thank you so much, Imam Bagby. Thank you. under second reading of the ordinances to delete references to the following subsection line numbers relating to the positions in the Division of Community Corrections, 540.040, 540.070, 540.085, 540.095, 540.055, and 540.060. This is not a material change and does not require a new first reading. So moved. Thank you, Council Member Henson. Is there a motion? Second. Is there a motion? There's a second. All right. The floor is available for discussion on the motion. Council Member Blues. Is there a reason for this exception? After discussing with Ray Sabatini and Captain Capello, this was a tremendous number. The jail is significantly understaffed. And we thought with a new director coming in that rather than have to recreate positions, it would be best these positions will remain unfunded is my understanding. And as long as they remain there created, then they will not have to be recreated. I'll call on the council members to speak according to what you signed on. So, Council Member Lane. Thank you, Mayor. My question is, how many positions are you showing to be abolished in the corrections that you're adding back in? Could you give me that number? It's like 41, I believe. The actual, if I may. The actual amendment speaks to 62 positions. Mr. Capillo, yeah, yeah. I'll need to recognize you. Jim Capillo, Jim had signed on to speak to issues on the agenda. So, Jim, if you'll give your address, please, sir. Thank you. Just to answer the question, we're looking at a total of 62 positions. six lieutenants, 11 sergeants, 41 officers, two probation aides, one probation officer, and one administrative specialist. One of the questions I had been asked is why should council consider doing this for community corrections when everyone is under a budget crunch? I've looked at the ordinance. Nowhere else in the ordinance is anybody cutting by over 60 positions. This is a situation that was basically done based upon management decisions of the past director. In effect, what happened was government came to the administration and said, you're down 20 positions, the lights are still on, the doors are still open, I guess you don't need those 20 positions, and they were unfunded. And then two years later, government came back to administration and said, the lights are still on, the doors are still open, and you're down another 20 positions. So I guess you don't need them either. And now even with the positions that we have that are funded, we're still down another 40. and we're not even getting the TARC to give us a rubber stamp to fill the positions that you all have funded for us. Okay. What will be the number of funded positions if these were eliminated versus if they were added? Or not added, but retained. You're cutting officers from 298 to 257, sergeants from 36 to 25, lieutenants from 12 to 6, administrative specialists from 9 to 8, probation officers from 6 to 5, and probation aides from 2 to 0. Thank you. Jim, I think it's worthwhile to inform the council members you're representing the FOP. That is correct. Well, I'm actually here in a dual capacity. Okay. I'm here as the vice president of FOP Lodge 83, representing the officers and the sergeants. I'm also here as a captain who has to work out there and try to feed people and say, you can't go home and visit your children because we need you to work three overtimes. And I think that Council Member Henson is doing a good job of describing in her preface to the amendment the perceived conditions at the corrections facility. For what we've just gone through, what I understand some believe to be a long and protracted process of making changes. That happens to be the nature of government, some often say. But we have made the changes, and we have a new director now nominated, and the council will be soon acting on that. And you and I had a conversation, I think on Tuesday, about this issue. I think we need to hear from Commissioner Driscoll with the administration's point of view on this issue. But there is a, I want to say, in recognition of what you have said, in acknowledgement of what you've said, that there is a recognition of the challenges that we have today, and that is meaningful and worthwhile. So we appreciate your being here with this message. Appreciate the motion by Council Member Henson and the second by Council Member Ellinger. And I'd like to ask Commissioner Driscoll if she can comment on this issue. And I think within the context of a newly appointed, hope to be confirmed, permanent director who will be examining these issues and confirming the conditions and then making recommendations to us on improvements that we can make and need to make. Is that effective as a context? Yes, sir. You want to give us the financial context and the budget context for where we are and the themes of where we are today. Put in context this ordinance in general, and then we can get to more specifics in terms of the corrections department, if that helps. In general, as we built the budget last year, the number one complaint from our division directors pretty consistently, as well as when we were providing information to the council and the links committees, was that there was a lot of discrepancy between positions people thought they had, that were on the books, that were in the system, but weren't budgeted. a lot of confusion. So we initiated a process where we said we would, in essence, clean that up before we began this next budget process. So the genesis of the ordinance, it took us quite some time making sure we worked with the agencies, with HR, with the budget office to ensure that this ordinance reflected the positions that were budgeted as we moved forward. Obviously, during any budget process, and we see the next budget process in looking at appropriate staffing levels, that if adjustments need to be made, that those will be made during the budget process and ordinances will be amended to reflect such changes. So we see that moving forward, but we all wanted to have a common starting place. Now, we'll just comment on a couple of things that were mentioned. The TAR committee, which I'm not sure you all are familiar with, it's a talent acquisition committee. It's a review process that agencies come forward on funded vacant positions. The committee has given the go-ahead for all the correction officer positions, so there is no holdup in terms of administratively those positions being filled. And I might add that corrections was the one area that the mayor recommended and the council approved a substantial number of vacant positions to remain. So they are the one agency that had many more vacant positions left that were funded. All of those remain as a result of this ordinance. This does not affect any of those funded vacant positions. So again, moving forward, we think it's important to analyze all the positions to bring forward a mayor's proposed budget with a number of positions, and then you as a council make that decision about what positions will be funded, again, moving forward. So this puts us all on a common ground of understanding, helps us budget better, And we certainly are concerned, obviously, about the staffing levels at Community Corrections because we left, again, they were the one agency where we left a substantial number of funded vacant positions. We've had a class go through, and Commissioner Mason may be better suited to speak about this, but I believe that there's a new class that starts the end of this month. So all of those things are moving forward, and this ordinance, as we presented it, won't affect any of that progress. Is that what you had in mind, Mayor, in terms of other? I think Council Member Kay may have some questions or comments. Yeah, I'd ask to be recognized before you were called up because I wanted to get some information and you provided a fair amount of it. I have a couple questions in addition or maybe some clarifications. Can you explain why the way in which it was being done had created a problem? Why were the vacant positions that were in the budget creating a problem? Again, in terms of using a budgeting tool, we are able to provide better financial information, being able to run different financial models if we have the right positions in the system. And the ordinance didn't match what was in the personnel system, nor did it match what historically over a number of years had been budgeted. So, again, it was one of the challenges that we had, providing better information and actually budgeting in a more effective way if having a solid, singular database from which to work from. So these positions aren't funded. There is not a, again, as we go through the budget, we can propose positions moving forward, but this puts us in a common starting place. So is that... That helps. And from your perspective, is there any difference in the positions that are in the jail system and other positions in government in the way in which they were treated or in which they outcome? Again, we included, this ordinance reflects the positions that were funded in the budget. So in that regard, each agency was treated similarly. Consistently. Consistently. In terms of numbers of vacant positions that were included in the budget, that this was an agency where more vacant positions, realizing the condition and the turnover and the need to continue to recruit in this area, that there were more vacant positions funded in community corrections than in any other agency in the budget. Okay. And so? In the 12 budget. In the current budget. Okay. And so what this ordinance should do is give first the administration and then the council a cleaner way to look at the actual staffing levels and to make decisions about staffing based on that information rather than having, I don't want to be negative in my characterization, but rather having a situation where there are unfunded positions that aren't filled and it's not obvious how they're going to play out in the budget. It is fair. I mean, it's a challenge, and many municipalities go through this process of cleaning out vacancies. Some of these have been on the books for a number of years, some of them not as long. But again, it does give you some consistent data, better data, to make decisions about staffing levels. I have one other question. It may be an HR question, or maybe you can answer it. This sounds like it shifts the default position from a vacancy exists and you can fill it to you have to make the case for the need for a new position. Which, in my opinion, as a finance person, should happen during any budget process. I agree. Thank you. Thank you, Mayor. Thank you. Council Member Stennett. Thank you, Mayor. Commissioner, this may not be for you, but I may ask the captain, are these all collective bargaining positions, all 41? Are they bargained? The vast majority of them are. The lieutenants, the sergeants, and the officers' positions are all collective bargaining. The probation officer, probation aid, and the administrative specialists are not. And I would say one thing. If they're not funded in the budget, it's essentially they're not there, Even though on the books we've approved them and authorized them by not funding them, you can't fill them anyway. Agreed. Okay, so I'm trying to understand the rationale of keeping them. What are we trying to hold on to? Why take two steps back? If the economy were to turn around tomorrow and these positions are on the books and you suddenly had an infusion of cash in the government and you were able to fund these positions, you could make a budget amendment and fund these positions. You take them off the books, we're back to the situation, as Mr. K said. We've now got to provide a need. And no need assessment has ever been done. in my email bringing this to the attention of counsel. There's a KRS that says there should be a job analysis done, and no job analysis has ever been done. As I say, the decision was made based upon the fact that de facto the lights were on, the doors were open, therefore they must not be necessary. Thank you for that. I would just say that's where I'm at. We need a need assessment out there. We need to see if we really need all these or some of these. But in the meantime, they're not funded. And I think a need assessment would give us the right track. And this is not a question for you. I'm just making a comment that we go on with a new director. When's his official start date, Clay? 15. So, you know, within 30, 60 days, he's going to know a lot of what's going on out there. Not 100%, but he'll get his feet wet and be able to come back. Is there a plan to do a need assessment, Commissioner, out there? Either, Commissioner? I think the question I suspect that with knowing Rodney Ballard Clay, I think the answer is going to be whether you call it a needs assessment or something else that's going to be what he will be doing right out of the gate is examining the Right, in terms of like a consultant coming in and doing a needs assessment there's there's nothing nothing planned but rodney's approach in what he's going to give us in terms of a of a business plan within 45 days will include parts of that yeah and that's what i'm asking for we're going to get in there and develop a plan where we really need positions i think the council will be more than willing to come back and say hey let's create these because it'll put us on the path of success out there so i don't think this negates that path ultimately i I think this is clean, doing a little bit of housekeeping. Now, if these were funded, it would be a totally different story. But I think this opens the door to other divisions in public safety that we have this same issue, and we're not talking about those tonight. So if we want to go down that path and talk about them all, let's talk about them all. But let's not single one division out tonight when we have a new director and let him have opportunity to make the best decision. So that's where I stand. Thank you, Mayor. Thank you. Council Member Beard, and then Council Member Myers. Thank you, Mayor. Commissioner, let me catch you before you stray. You mentioned a substantial number of positions left. Define substantial for me, if you would. In terms of the number of vacancies, I don't have that number in front of me, but it was 20 plus. Maybe in the bread box? It was 20 or 30. I'll have to get the number. What are you talking about within corrections? Within corrections alone. Other agencies, you know, there were. Well, corrections is the one we're on right now. I guess there are several points that bother me a little bit. One is 45 days to complete a needs assessment in 33 days until the budget address. So immediately if a needs assessment shows up something that we need, we're going to have to go back and retool the budget to accept that situation. There is extreme overtime out there, and overtime is 150-plus a position. Has any work been done as far as analyzing what the break-even point is between having overtime and not the type of overtime where somebody gets sick for three days? Not that type of overtime, but it sounds like it's much more excessive than that. And if we're talking about dollars and getting it back to dollars, we've got to take that into consideration, how much overtime we're paying. And we're flying blind unless we have that piece of information also. We have brought the overtime amendment to you and had that discussion last week or the week before in terms of the amount of overtime, the need that was estimated until this new class comes on board and you approved an amendment of half a million dollars. So we have taken that overtime number into consideration. I might just step back a bit and go back to when we did put together the budget. I don't have that exact number of positions, Council Member Beard, But what we did go through is each post, what the staffing requirements were for each post, and came up with our total number and funded the vacant positions between what was on board and that total number needed to staff the post with taking all the other things into consideration, vacations, folks off for leave, et cetera. So that's how we came up with our total number of funded vacancies that we needed. I was just making the point, compared to other agencies, it was a larger number of funded vacancies. So I think it's important to note, when you did pass the budget, we explained how we came up with that staffing number at that point in time. So I think that's important to remember. But our new director is not involved in that at all, and it's going to take him 45 days to get up to speed and get something at least preliminarily on paper so that somebody can analyze it. This still leaves vacancies. It's the 10th of April. Is it not, Mayor, that your speech is? Yes, sir. It is. It doesn't match. there are still funded vacancies and I think we'll be working obviously to get the best information that we have in order to provide to the mayor he in turn to present a budget to you and you know you all know that process as we work through you know adjustments are made throughout that process as well okay I guess that's about there are many other questions that I might dig into, but I'm not going to bother doing that now. I'll wait. Thank you. Thank you, Mayor. Yes, sir. Thank you, Council Member Beard. Council Member Myers. Thank you, Mayor. Commissioner Mason, there's been a couple of assessments already done out there on the jail, right? We've got one from the Sheriff's Office and one from Captain Brogson. He was here. Yes, there have been. And there are models to look at for numbers, and that's what Commissioner Driscoll was referring to, that there were slots left in the budget and funded. We have been engaged in a hiring process pretty regularly with corrections, far more than other divisions. There are cycles of time that it takes to get people on board, and you have to develop a good pool of people. Go back to one class, the pool was not as deep as it is for this current class. So we're in a position to bring a number on board at the end of March, and there will still be people in that pool that would be viable candidates going forward. So given turnover and things like that, it's a system that's working through. But the models we have and the number of posts and the number of positions, there were slots left in the budget with funds. And then with the assessments that have already been done, And you're comfortable that the new director will be able to hit the ground running, and that 30 days isn't going to be much of an issue in terms of? I think the first, I mean, he's looking at an overall picture in 45 days. I think the budget part of funding for positions is something that he could do rather quickly. Okay. Well, I'm comfortable with what the mayor has proposed, so I'll be glad to know him. Thank you. Back to Councilmember Henson. Thank you, Mayor. I had a question for, I guess, Commissioner Graham. As far as if we would, well, one, I want to say we wouldn't be having this conversation had I gotten all my questions answered through email. so I just chose to go ahead and amend it, and we'll hash it out here, which is what's happening. But how long, once the new director gets going and he determines that positions need to be created, what is that process? What's the length of time there? It shouldn't be a long process because the process starts with what we call a PAQ, which is a position analysis questionnaire, and those would be pretty much standard for corrections officers. I can't imagine that there would be a lot of changes. The only time that that can result in delays is if someone wants to change or create a new position with different duties and that kind of thing. But these would be standard correctional officer positions. So I can't imagine there would be a change to that, and then you go through the advertisement and that kind of thing. So it's really not going to be a long delay because of that. Okay. And then I have one other question regarding mandatory overtime at the detention center. Because I do believe, I've spent quite a bit of time out there, and I do believe that one of the main reasons we have a tremendous turnover is excessive overtime requirements. Folks are getting burnt out. They can't spend time with their families, so forth. And as quickly as they're coming in, they're going out the door. Now, maybe these positions are not needed, but we, you know, it's just a vicious cycle. So how do we correct that? Well, I think the assessments that have been done have shown that getting people on board will help, number one, cut down on overtime, but also eliminate some of the turnover. Some of the turnover is due to overtime. Some of it's not. Some of it's other reasons. Everybody does an exit interview, and we've got those records. We can look and see person by person why. But bringing more people on board will help, and that's why these positions, and I think 28, is that right? 28 positions were left funded in the budget for last time to do that. And so an officer at the Fayette Detention Center has to do how much mandatory overtime per week? I don't know that. I think it's a two, I don't know if Captain Capello could answer that, but I do know that I think they have to pull like two double shifts, which is 16 hours, and that's a tremendous amount of time. It is. So I really think, I mean, I could really withdraw this motion, but I think that this is something that's very serious. That, you know, I've said all along I'm a strong advocate for the detention center, and they have a hard enough job there as it is. The words of Ray Sabatini says, the detention center cannot operate safely with this level of staff deficiency. And that came in an email to me that I'll forward to everyone. But it's something certainly that needs to be addressed. And, you know, when you've got officers that are tired, then it causes problems with inmates, with coworkers, and so forth. So thank you, Mayor. Thank you, Council Member Hanson. Council Member Stennett. Thank you, Mayor. I meant to ask Commissioner Mason, you said in the budget, as of right now, we only have 28 vacancies out there? How many vacancy-funded positions do we have that are funded currently? The 28, we left the 28 vacant-funded positions. In addition to that, there's been turnover, which I don't have that number with me. Okay, I didn't know if it was upwards of 50. Any position that has left during the year continues to be funded in addition to those funded vacancies. In those empty positions, Commissioner, once we get a real number of how many they are, Are we going to start another class immediately? There's a class scheduled in March, starting March, late March. And when's the current one come off? We already have them on? We already have them off. Okay, they're already off. So that's the second class. Can you give us that number? How many other vacancies there are funded out there still? Current today? Yes, current, yeah. Yes. You can do that because I don't think either way tonight it's going to fix the overtime issue, and we're voting on the final resolution tonight on the overtime money. But I do think the bottom line is if we need them, we need to fund them. If we don't, then we need to make adjustments accordingly and give the director a new time to bring what he needs back to the council. So thank you, Mayor. I just want to say in our last monthly budget meeting, I believe it's 40-ish in terms of funded vacancies. Council Member Ford. Thank you, Mayor. I just have just a few questions. The first question, and I've been listening to the comments that have been raised, it pertains to the administrative burden. I understand the need for expediency and efficiency and kind of cleaning up the vacancies, those perhaps that we may not ever fill, but I think it's been demonstrated that we have a need. So the first question I may ask from a budgeting standpoint is that will Councilwoman Henson's amendment create an administrative burden if we were to accept the amendment and leave, per her request and that of corrections, those positions on the books? The question was, Council Member Ford, the question is whether it would be an administrative burden? Yes. I'm just curious as to how you'd define that, Chris. Well, I think that the advantages that have been raised for going ahead and doing this bit of housekeeping is to help the budgetary process going forward. And I think in an ideal world, we support that. I definitely do. but I think that the spirit of the amendment is in response to a need. So if the amendment were to pass, if it were to gain support and pass, it will require some shuffling, if you will, amongst the administration and budgetary-wise. Would that be a problem? If it were to pass, would it be a problem? Let me come in. My translation is it would represent an operational challenge because of the consistency issue. Okay. Right. And I think Council Member Kay really kind of summarized it as well as I could in my own head. And how was it you said it, Council Member Kay? Something like that you would, yeah. Do you remember how you said it? Not exactly. I guess the main point is that when you have those positions, there are ways in which you don't understand exactly what you're funding in the budget. their hidden costs or their hidden potential costs, and cleaning that up is a good thing to do. And then address, from an operational point of view, then you address the needs when the needs emerge and are illuminated adequately so that the needs are then addressed. But they're not placeholders. Is that a fair statement or not? It's fair. I guess my comment would be we spend a tremendous amount of resources on the personnel model. And all of these outliers complicate that. and information, having a calming starting point, you can spend your time concentrating on real, what is the appropriate staffing level, et cetera. This is coming just from someone with 25 years of budgeting experience. Let's all start from our good database in which to make decisions. But we do spend a tremendous amount of human resource time, both HR, budgeting, payroll on this issue? Across the board and not across all of government and not just specific to community corrections? Yes, no question. Well, the second question I have in the comment is that in my opinion, I recognize that it may not be the preferred method. I think that the best, again, model would be to clean, do the housekeeping that's needed. And I do personally have some reservation about, if I were to support this, I do have some reservation about singling out one division or one function of government when we recognize that all of government, civil service or sworn, police and fire, they all could make the same argument. But I do feel from what we've heard with the rapid rate of turnover. Tonight's docket probably represents one of the very few in my year and a half here that doesn't have a resignation from community corrections. We always see the high turnover there. So secondly, I don't necessarily see how it would be an advantage for our new jail director to have to recreate the wheel. I know he's going to go out, we hope, and kind of do a needs assessment and analysis. But I don't know how efficient or how well that would be of his time. We know he needs positions out there. He knows it. But to have to recreate the wheel, as been mentioned, I don't know how that's the best use of his time if we need him to hit the ground running. And I want to thank Council Member Henson for bringing this up, and I want to thank the folks at Community Corrections for having the courage to at least go through the process, and that's their right is to present their concerns to us. The overtime and the safety issues on behalf of their employees are a concern to me, so I'm strongly going to consider supporting Council Member Henson's motion to address this need we have out there. Thank you, Mayor. Thank you, Council Member Ford. Council Member O'Keefe. consistent and that's the direction we're moving in. On the other hand, I don't think that we want to sacrifice a real need for clarity and consistency. If someone could make the case that we were jeopardizing the personnel system at Corrections, I would be inclined to support the motion. But I believe it's been made fairly clear that we have other means to address the staffing issues through the regular budget process. And so I think That's exactly what we ought to do. Thank you, Mayor. Thank you, Council Member Kay. Council Member Henson. Again, Mayor, I thank you all for answering and being here to respond, and I will withdraw the motion if it's okay with my seconder. But again, just to reiterate, I hope that we will get things. I feel confident in the new director that I, nominee, that I met two days ago. So, and I hope that we'll see some good changes there. But there are a lot of great people that work at the Fayette County Detention Center. Many of them have been there for many years and hang in there. The new employees many times will leave very quickly. And I'm sure you're aware of all this, the administration is. So I just hope that we will see some changes out there. Thank you, Jane. Thank you, Captain Capello. Councilman Henson, thank you. Just as a footnote, I'll say the same thing that Councilman McKay said and others have said to recognize your advocacy, Peggy, Council Member Henson, for the corrections system, for the officers, for the employees. I also want to thank Captain Capillo. Others have said that it takes a lot of courage to sometimes go against the grain and to be an advocate. and that's what it often takes when we make constructive change. So from all of us, I think, from the administration and from the council, we appreciate your advocacy. And I feel like that I can say now, after having been working on the project at the jail, change management, essentially, a turnaround condition in many respects, that with the nominee and the hope that the Council will confirm the nominee, that we will have a permanent director with a level of commitment and experience for the job, for the role, a guy who will be a vigorous advocate for the best system for the employees, for creating that. I think Rodney said that pretty well on Tuesday when he spoke. And he said something that I think we all should be aware of. He said this is a place that he's learned from being in this business. from being in this role, in this profession. This is an industry, and our corrections facility is a place which is less visible to the public as one of our cornerstones of public safety, less visible and often less recognition and less praise. And so it takes the kind of effort that you all are representing today to illustrate these needs. My own conviction is, my own belief is that we'll have a guy who will not be at all timid or casual about expressing his support for doing the right thing. So, Council Member Henson, thanks again. And, Captain, thanks for being here. All right, Madam Clerk, since we have the motion was withdrawn, the second was withdrawn, so we can move on then to the second reading of the ordinances. Ordinance No. 1 and Ordinance Amending Sections 2152, 2252, and 235B of the Code of Ordinances abolishing vacant and unfunded positions within various departments and divisions of the urban county government. Number two, an ordinance amending Section 2318B, G1, and I of the Code of Ordinances providing that a psychological examination shall not be given until after a conditional offer is made. Number three, an ordinance amending and reenacting ordinance number 47-2010 to expand the Red Mile development area, which was created for tax increment financing purposes to include additional property within the development area without changing the list of approved public infrastructure improvements or their cost or the amount of tax revenue that has been previously approved or committed for reimbursement by the Lexington-Fayette Urban County Government and the Commonwealth of Kentucky in regard to the Red Mile Mixed-Use Project, adopting the Red Mile development area as amended herein, making certain findings of the government in support of its decision, and authorizing the mayor and other appropriate officials to take other such actions that are necessary or required in connection with making improvements within the Red Mile development area in conformity with tax increment financing requirements. Number four, an ordinance amending Section 268 of the Code of Ordinances related to the organization of a nonprofit Kentucky corporation called the Lyric Theater and Cultural Arts Center Corporation, replacing the three directors nominated by the Lyric Task Force by providing that one director shall reside in the East End area, increasing the at-large directors from one director to two directors, with one at-large director being appointed by the mayor, subject to confirmation by the Urban County Council. and increasing the number of directors appointed by the mayor subject to confirmation by the Urban County Council from the legal, accounting, financial, marketing, or other business community with expertise in fiscal and personnel oversight from five directors to six directors. And number five, an ordinance amending certain of the budgets of the Lexington Fayette Urban County Government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds, Schedule number 55. Sorry, Meredith. Thank you. Is there a motion to approve? Thank you. Motion by Councilmember Blue, seconded by Councilmember Beer. Is there any discussion on the motion? All right. Hearing none, we can ask the clerk to please take a roll. Madam Clerk. Call the roll. Take Mr. McCord? Yes. Mr. Myers? Yes. Mr. Stenet? Yes, ma'am. Mr. Beard? Aye. Mr. Blues? Yes. Ms. Crosby? Yes. Mr. Ellinger? Yes. Mr. Farmer? Yes. Mr. Ford? Yes. Ms. Henson? Yes. Mr. Kay? Yes. And Mr. Lane? Yes. Thank you. Thank you, Madam Clerk. The vote reflects passage of the motion. All right. When you're ready, Meredith, please give us a first reading of ordinances. Ordinance number six, an ordinance changing the zone from a neighborhood business B1 zone to a high-density apartment R4 zone for 14.78 net, 17.47 gross acres for property located at 3,600 and 3,652 Winthrop Drive, RML Construction. Number seven, an ordinance accepting the bid of municipal equipment incorporated in the amount of $351,465 for a baler for the material recovery facility for the Division of Waste Management and appropriating funds pursuant to Schedule No. 57. Number eight, an ordinance creating Section 16.6.2 of the Code of Ordinances relating to refuse collection to provide for pickup of small animals at veterinarian offices in the Division of Waste Management Collection area to provide for use of 10-cubic-yard roll-off contracts of Bayek County and establishing fees for such services. Number 9, an ordinance amending Section 2152 of the Code of Ordinances, changing the job title of two positions of total rewards assistant, Grade 112N, to two positions of administrative specialist senior, Grade 112N, in the Division of Human Resources. Number 10, an ordinance closing Ham Alley, determining that all property owners abutting the street to be closed have been identified, provided with written notice of the proposed closing and consented thereto in writing, and authorizing and directing the mayor on behalf of the Irving County Government to execute a quick claim deed transferring the former right-of-way to the abutting owners subject to the reservation of easements for access and maintenance of existing utilities in the former right-of-way. Number 11, an ordinance amending subsections 1660A1, 1660A2, 1660A3, 1660A4, 1660A5, 1660A6, 1660A7, 1660A8, and 1660A9 of the Code of Ordinances relating to sanitary sewer tap-on fees to make clarifications to categories of properties and update fees and amending Section 5 of Ordinance No. 34-2008, which amended subsection 1660A6 to correct a hypergraphical error. Number 12, an ordinance amending Section 2152 of the Code of Ordinances abolishing one position of trades worker senior and one position of public service worker senior in the Division of Water Quality and creating one position of trades worker senior and one position of public service worker senior in the Division of Streets and Roads, appropriating funds pursuant to Schedule No. 59, effective upon passage of Council. No. 13, an ordinance pursuant to Sections 3.02, 24, and 6.12 of the Charter of the Lexington-Fayette Urban County Government creating the Department of Planning, Preservation, and Development, transferring the divisions of planning, historic preservation, and purchase of development rights and the incumbents in all authorized positions as well as all vacant positions from the Office of the Chief Administrative Officer to the Department of Planning, Preservation, and Development at their current job classification, pay grade, and salary. Amending Section 2152 of the Code of Ordinances transferring one position of Building Inspector Senior, Grade 114E, four positions of Building Inspector, Grade 113N, one position of Staff Assistant Senior, Grade 108N, and one position of staff assistant, Grade 107N, and the incumbents from the Division of Building Inspection to the Division of Planning at their current job classification, pay grade, and salary. Amending Section 2252 of the Code of Ordinances, abolishing one position of Commissioner of Planning, Grade 210E, in the Office of the Chief Administrative Officer, and creating one position of Commissioner of Planning, Preservation, and Development, Grade 210E, in the Department of Planning, Preservation, and Development, and transferring the incumbent at his current job classification, pay grade, and salary. appropriating funds pursuant to Schedule No. 60, amending Sections 2152 and 2252 of the Code of Ordinances to renumber the affected sections effective upon passage by Council. And No. 14, 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. 58. Thank you, Madam Clerk. Are there any motions, any walk-ons or seconds, readings? All right. If not, then we can move on, Madam Clerk, to a second reading of resolutions. Thank you. Resolution number one, a resolution accepting the bid of ODB Old Dominion Brush, establishing a price contract for sweeper brooms for the Division of Facilities and Fleet Management. Number two, a resolution accepting the bid of Central Kentucky Recycling, LLC, establishing a price contract for removal and disposal of construction and demolition debris for the Division of Waste Management. Number three, a resolution authorizing the mayor on behalf of the urban county government to execute change order number one to the contract with Advanced Mulching Tech Doing Businesses Eco-Grove for the McConnell's Trace Greenway Restoration Project, increasing the contract price by the sum of $37,427.20 from $90,827.80 to $128,255. Number four, a resolution authorizing the Division of Fire and Emergency Services to obtain special operations, hazardous materials, and technical rescue equipment from Thermo Eberline LLC, a sole source provider, at a cost not to exceed $66,180 under the 2011 State Homeland Security Grant Program and authorizing the mayor to execute any necessary documents. Number five, a resolution authorizing the mayor on behalf of the urban county government to accept the transfer of ownership of a Williams foam trailer from the Winchester Fire Department Emergency Medical Services through a grant from the Kentucky Office of Homeland Security to the Division of Facilities and Fleet Management on behalf of the Division of Fire and Emergency Services at no cost to the urban county government. Number six, a resolution authorizing the mayor on behalf of the urban county government to execute change order number three to the contract with Woodall Construction Company, Inc. for the construction of Clays Mill Road Improvements Project Section 2A, increasing the contract price by the sum of $21,193.62 from $3,634,690.95 to $3,655,884.57. Number seven, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an agreement with the University of Kentucky for space in the University of Kentucky Hospital Emergency Room for use as a clinical practice area for the sexual assault treatment program at a cost not to exceed $3,000. Number eight, a resolution authorizing and directing the mayor on behalf of the urban county government to execute and submit a grant application to the U.S. Department of Homeland Security Federal Emergency Management Agency and to provide any additional information requested in connection with this grant application, which grant funds are in the amount of $2,621,416 federal funds under the Staffing for Adequate Fire and Emergency Response Safer Grant Program and are for hiring 28 entry-level firefighters. And number nine, a resolution authorizing and directing the mayor on behalf of the Irving County Government to execute and submit a grant application to the National Association of Police Athletic Activities League, Incorporated, to provide any additional information requested in connection with this grant application and to accept this grant if the application is approved, which grant funds are in the amount of $5,000 federal funds and are for participation in the National Powell Mentoring Day, the acceptance of which does not obligate the urban county government for the expenditure of funds and authorizing the mayor to transfer unencumbered funds within the grant budget. Thank you, Meredith. Is there a motion to approve second readings? Motion by Council Member Myers. Second by. Who got the second? Council Member Henson? All right. Great. Thank you. Is the motion and a second? Is there a discussion on the motion? Hearing no discussion, I'm going to ask the clerk to please call the roll. Madam Clerk, when you're ready. Mr. McCord? Yes. Mr. Myers? Yes. Mr. Stenet? Yes, ma'am. Mr. Beard? All right. Mr. Blues? Yes. Ms. Crosby? Yes. Mr. Ellinger? Mr. Farmer? Yes, ma'am. Mr. Ford? Yes. Ms. Henson? Yes. Mr. Kay? Yes. And Mr. Lane? Yes. Thank you. Thank you, Madam Clerk. The vote reflects passage of the motion. Now we can move on to resolutions with the first reading. And I believe Council Member Ellinger has some motions to amend. Council Member Ellinger? Do we want to do them now or do we want to wait until we get to that number? I have mine on 11 and 12. Do you want to wait until we get there? Since they're right at the beginning, it might be easier if we do it now. Okay, sure. I move to amend item number 11 under first reading of resolutions authorizing the Division of Human Resources to make a conditional offer for the unclassified service appointment of Erica Schroeder, Family Support Worker Senior, Grade 112N at 19.2402 hourly Division of Family Services. So moved. Motion by Council Member Ellinger, second by Council Member Beard. Is there any discussion on the motion? All right, then we can take a vote. All in favor of the motion, please say aye. Aye. Opposed, no. Motion carries. And I'd like to amend item number 12 under first reading of resolutions to add the unclassified civil service appointment of Jennifer Benefield, Council Administrative Specialist Grade 115E at 2249.96 biweekly in the Urban County Council Office, effective March 26, 2012. So moved. Motion by Council Member Ellinger, second by Council Member Myers. Yep. Where is he? Is there any discussion on the motion? Hearing none, we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Thank you, Mayor. Thank you, Council Member Ellinger. Madam Clerk, will you give us the first reading, please? Resolution number 10, a resolution accepting the bid of Harrod Concrete and Stone Company, establishing a price contract for wet mix concrete supplement for the Division of Streets and Roads. Resolution number 11, as amended, a resolution authorizing the Division of Human Resources to make a conditional offer to the following probationary civil service appointments. Sharika Parker, Child Care Program Aid, Grade 107N, 12.281, hourly in the Division of Family Services, effective upon passage of council. Samuel Futia, Vehicle and Equipment Technician, Grade 112N, 16.464, hourly in the Division of Facilities and Fleet Management, effective upon passage of council. Brooke Gray, Environmental Inspector, Grade 113N, 18.388, hourly in the Division of Water Quality, effective upon passage of council. David Fulton, Engineering Technician Senior, Grade 113E, 1908.40 biweekly in the Division of Water Quality, effective upon passage of council, and James Ballard, Director of Community Corrections, Grade 123E, 4230.77 biweekly in the Division of Community Corrections, effective upon passage of council. Authorizing the Division of Human Resources to make a conditional offer to the following probationary sworn appointments, Samuel Collins, Community Corrections Officer, Grade 110 and 14.340 hourly in the Division of Community Corrections, effective upon passage of counsel, and Robert Goggins, Police Sergeant, Grade 315N, 28.588, hourly, in the Division of Police, effective upon passage of counsel. Authorizing the Division of Human Resources to make a conditional offer to the following unclassified civil service appointment. Richard Durham, Equipment Operator Senior, part-time, Grade 108N, 12.371, hourly, in the Division of Family Services, effective upon passage of counsel. Tamway Carter, Equipment Operator Senior, part-time, Grade 108N, 14.093 hourly in the Division of Family Services, effective upon passage of counsel, Sandra Young, Life Skills Program Instructor, Grade 110E, 1,588.32 biweekly in the Division of Family Services, effective upon passage of counsel, and Erica Schroeder, Family Support Worker Senior, Grade 112N, 19.2402 hourly in the Division of Family Services, effective upon passage of counsel. Number 12, as amended, a resolution ratifying the probationary civil service appointments of James Clark, Equipment Operator Senior, Grade 109N, 18.267 hourly, in the Division of Streets and Roads, effective March 5, 2012. William Dixon, Equipment Operator Senior, Grade 109N, 18.363 hourly, in the Division of Water Quality, effective March 12, 2012. And Patrick McFadden, Engineering Technician Senior, Grade 113E, 1,908.40 biweekly, in the Division of Water Quality, effective March 12, 2012. Unclassified civil service appointment in the office of the Urban County Council Jennifer Benningfield, Council Administrative Specialist, Grade 115E, 2249.96 biweekly in the Urban County Council Office, effective March 26, 2012. Number 13, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an agreement with Crestwood Christian Church for use of the Mission Center for the meeting, the challenges, and opportunities of aging conference at no cost to the Urban County Government. Number 14, a resolution authorizing the Division of Human Resources to internally advertise for vacant positions if requested by the Division Director from the date of passage of this resolution through June 30, 2012, and authorizing the Division of Human Resources to advertise externally if a qualified internal applicant pool does not exist within the first week of any internal advertisement. Number 15, a resolution authorizing the Mayor on behalf of the Irving County Government to execute and submit a grant application to the Commonwealth of Kentucky Office of Highway Safety to provide any additional information requested in connection with this grant application and to accept this grant if the application is approved, which grant funds are in the amount of $30,000 federal funds, are for click-it or ticket safety belt enforcement mobilization, the acceptance of which does not obligate the urban county government for the expenditure of funds, and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 16, a resolution authorizing and directing the mayor on behalf of the urban county government to execute an Adopt-a-Spot program agreement with Boy Scout Troop 100 for participation in the Adopt-A-Spot Roadway Cleanup Program at a cost not to exceed $772. Number 17, a resolution authorizing the mayor on behalf of the Irving County Government to execute agreements with South Lexington Babe Ruth Incorporated, $1,000, Dixie Elementary Magnet School PTA Incorporated, $1,000, and Kentucky PTA, $500 for the office of the Irving County Council at a cost not to exceed the sum stated. Number 18, a resolution authorizing the mayor on behalf of the Irving County Government to execute a partial release of easements, releasing a portion of a utility easement and a portion of a storm sewer and drainage easement on property located at 4357 Victoria Court. Number 19, a resolution designating Lakeside Golf Course and Clubhouse as a park and park facility 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 location. Number 20, a resolution authorizing the mayor on behalf of the urban county government to execute a mutual aid agreement with Safety Tech Incorporated for mutual aid related to emergency services at no cost to the urban county government. Number 21, a resolution authorizing the mayor on behalf of the urban county government to accept a donation from Ms. Erica Smith of a ping pong table for use at the Dunbar Community Center at no cost to the urban county government. Number 22. funds and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 23, a resolution authorizing and directing the mayor on behalf of the urban county government to execute an agreement with Fayette County Cooperative Extension and AARP for an educational seminar titled, Taking Charge, Your Medication, Your Heart, at a cost not to exceed $125 for space for the seminar at the Fayette County Cooperative Extension facility. Number 24, a resolution authorizing and directing the mayor on behalf of the urban county government to execute and submit a grant application to the Kentucky Justice and Public Safety Cabinet to provide any additional information requested in connection with this grant application and to accept this grant if the application is approved, which grant funds are in the amount of $50,000 federal funds and are for continuation of the street sales drug enforcement project, the acceptance of which obligates the Irving County Government for the expenditure of $16,667 as a local match and authorizing the Mayor to transfer unencumbered funds within the grant budget. Number 25, a resolution authorizing and directing the mayor on behalf of the urban county government to execute and submit a grant application to the Kentucky Department for local government and to provide any additional information requested in connection with this grant application, which grant funds are in the amount of $75,000 federal funds and are for construction of the Brighton Rail Trail Phase 4. Number 26, a resolution authorizing and directing the mayor on behalf of the urban county government to execute a development agreement with Lexington Habitat for Humanity for transfer of properties acquired under the Neighborhood Stabilization Program for rehabilitation and construction by habitat for homeownership for low-income households. Number 27, a resolution authorizing the mayor on behalf of the urban county government to execute change order number one, final to the contract with Grants Excavating Incorporated for the Griffin Gate Pump Station Replacement Project, increasing the contract price by the sum of $5,105 from $173,000 to $178,105. Number 28, a resolution authorizing the Mayor on behalf of the Irving County Government to execute an agreement with Harsha Train for design and engineering services for the repair, modification, and or replacement of electrical and mechanical equipment at police headquarters at a cost not to exceed $97,117.73. 29. A resolution authorizing the Mayor on behalf of the Urban County Government to execute an agreement with First Bracktown Incorporated, $625, for the Office of the Urban County Council at a cost not to exceed the sum stated. Number 30, a resolution accepting the response of City of Cincinnati on behalf of its Greater Cincinnati Water Works to RFP No. 40, 2011, Billing and Collection Services, Sewer, Landfill, Water Quality Fees, for the Division of Revenue and authorizing the Mayor to execute an agreement with City of Cincinnati related to these services in an amount estimated not to exceed $1,160,000 in fiscal year 2013 based upon projected billings. Number 31, a resolution authorizing the Mayor on behalf of the Urban County Government to execute a letter agreement with Kentucky American Water Company, extending the termination dates of the three separate billing and collection services contracts dated October 4, 2007, sewer user fees, October 4, 2007, landfill user fees, and July 7, 2009, water quality management fees, to and including August 31, 2012. And number 32, a resolution approving and endorsing the proposal of the Division of Parks and Recreation that the pools at Berry Hill Park and Constitution Park be closed and demolished, that the demolition of both pools occur during the summer of calendar year 2012, that the demolitions be funded from fiscal year 2012 and fiscal year 2013 operating reductions, and that the sites be reprogrammed when funds become available to include a softball field at Constitution Park and a skate park at Berry Hill Park. Thank you, Meredith. Are there any motions for walk-ons? I have a note here that says no one from the administration. Any council members? Any walk-ons? Okay. All right. Then we can move on. How about second readings? Any council members? Second readings? Oh, Council Member Henson. I would like to make a motion to suspend the rules, give second reading on item 26. These homes have been vacant for quite some time, purchased for the Neighborhood Stabilization Program, and will be transferred over to Habitat for Humanity. And I believe they have property owners identified, some very deserving folks. So just to move it forward quicker, thank you. Second. Motion by Council Member Hanson. Second by Council Member McCord. Any discussion? Okay. Hearing none, we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Thank you, Council Member Hanson. Did I lose the? No. Yeah. One second. Okay. Council Member McCord. Thank you. Just a motion to spin the rules for number 17. These are just the NDF monies. Number 17, motion by Council Member McCord, second by Council Member Myers. Any discussion on the motion? Okay. Hearing none, we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. I keep losing the... Okay. Council Member Myers. Thank you, Mayor. I want you to spin the rules and give second meeting number 32 so that Friends of the Skate Park can go ahead and put together their fundraising calendar. Second. Motion by Council Member Meyers. Second by Council Member Ellinger. Is there any discussion on the motion? Hearing none, we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Don't have anybody else showing up for a motion? Okay. All right. Madam Clerk, can you give us a second reading? Thank you. I think the administration has one. Whoa, whoa, whoa, whoa, whoa. Yeah, that's right. Sorry about that. I think, Keith, you've got one. Okay. Commissioner? Yes, please. I would like to request suspension of the rules and have two readings for both resolution number 30 and 31. The passage of these two items will allow us to begin work on the user fee billing and collection project for implementation in September, as Bill O'Meara presented to you in late February. Second. A motion by Council Member Ellinger, seconded by Council Member Farmer. Is there any discussion on the motion? Okay, hearing none, we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Thank you. Yes, ma'am. Mr. Horne. Mayor, if the Council will, number 11 needs two readings because it makes conditional offers of employment. All right. Is there a motion by Councilman? Motion by number 11. Motion by Councilman McCord. Second by Councilman Myers. Is there a discussion on the motion? All right. Hearing none, we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. All right. Whenever you're ready, Madam Clerk. Resolution number 11 for a second reading, a resolution authorizing the Division of Human Resources to make a conditional offer to the following probationary civil service appointments. Sharika Parker, Child Care Program Aid, grade 107N, 12.281 hourly in the Division of Family Services effective upon passage of counsel. Samuel Fuchsia, Vehicle and Equipment Technician, Grade 112N, 16.464 hourly in the Division of Facilities and Fleet Management, effective upon passage of council. Brooke Gray, Environmental Inspector, Grade 113N, 18.388 hourly in the Division of Water Quality, effective upon passage of council. David Fulton, Engineering Technician Senior, Grade 113E, 1,908.40 biweekly in the Division of Water Quality, effective upon passage of council. and James Ballard, Director, Community Corrections, Grade 123E, 4230.77 biweekly in the Division of Community Corrections, effective upon passage of counsel. Authorizing the Division of Human Resources to make a conditional offer to the following probationary sworn appointments, Samuel Collins, Community Corrections Officer, Grade 110N, 14.340 hourly in the Division of Community Corrections, effective upon passage of counsel, and Robert Goggins, Police Sergeant, Grade 315N, 28.588 hourly in the Division of Police, effective upon passage of counsel. Authorizing the Division of Human Resources to make a conditional offer to the following unclassified civil service appointment, Richard Durham, Equipment Operator Senior, Part-Time, Grade 108N, 12.371, hourly in the Division of Family Services, effective upon passage of counsel. Tamway Carter, Equipment Operator Senior, part-time, Grade 108N, 14.093, hourly in the Division of Family Services, effective upon passage of counsel. Sandra Young, Life Skills Program Instructor, Grade 110E, 1,588.32, biweekly in the Division of Family Services, effective upon passage of council, and Erica Schroeder, family support worker senior, grade 112N, 19.2402 hourly in the Division of Family Services, effective upon passage of council. Number 17, a resolution authorizing the mayor on behalf of the Irving County Government to execute agreements with South Lexington, Babe Ruth Incorporated, $1,000 Dixie Elementary Magnet School PTA Incorporated, $1,000, and Kentucky PTA $500 for the office of the Urban County Council at a cost not to exceed the sums stated. Number 26. A resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a development agreement with Lexington Habitat for Humanity for transfer of properties acquired under the Neighborhood Stabilization Program for Rehabilitation and Construction by Habitat for Homeownership for Low-Income Household. Number 30. Number 31, a resolution authorizing the mayor on behalf of the Army County Government to execute a letter agreement with Kentucky American Water Company extending the termination dates of three separate billing and collection services contracts dated October 4, 2007, sewer user fees, October 4, 2007, landfill user fees, and July 7, 2009, water quality management fees, to and including August 31, 2012. And number 32, a resolution approving and endorsing the proposal of the Division of Parks and Recreation that the pools at Berry Hill Park and Constitution Park be closed and demolished, that the demolition of both pools occur during the summer of calendar year 2012, that the demolitions be funded from fiscal year 2012 and fiscal year 2013 operating reductions, and that the sites be reprogrammed when funds become available to include a softball field at Constitution Park and a skate park at Berry Hill Park. Thank you, Meredith. Are there any motions? Move approval. Second. Move approval by Council Member Blues. Thank you, sir. Second by Council Member... Okay. Thank you. Give it to Council Member Hanson. Generous to my, George. Thank you. Second by Council Member Hanson. Is there any discussion? No discussion? We can take a vote then. All in favor, please say aye. Aye. Opposed, no. We'll need a roll call vote for that. Roll call vote. Oh, yes. It is a second read. All right, Madam Clerk, please call the roll. Mr. McCord? Yes. Mr. Myers? Yes. Mr. Stennett? Yes. Mr. Beard? Aye. Mr. Blues? Yes. Ms. Crosby? Yes. Mr. Ellinger? Yes. Mr. Farmer? Aye. Mr. Ford? Mayor, on number 26, due to professional obligations, I must abstain from that vote. But I thank Rachel and Habitat for their work, and yes on all the rest. All right, sir. We'll note that. Number 26, right? Council Member Ford? Okay. Yes, sir. Number 26, abstain. All right, sir. Yes on all the rest. Thank you. Ms. Henson? Yes on all, but I do need to recuse on number 11. Thank you. Mr. K? Yes. And Mr. Lane? Yes. Thank you. Okay. Thank you. The vote reflects passage on the motion. Okay. Next on our agenda, communications. Communications from the mayor. Moved approved. Who is that? Second. Mr. Lane? Yes. Motion by Mr. Lane, second by Council Member Ellinger. Is there any discussion on the motion? Okay. Hearing none, we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Congratulations, Mr. Farmer. You're on the Sister Cities Commission. Thank you, Mayor. Yes, sir. I know you've wanted this for a long time. I'll be right back. Sir, you bet. Thank you, sir, very much. I don't know exactly what that means, but watch out. As if we're leaving, go ahead. Okay. Next on the agenda is FYI, communications. No motion is required. Next on our agenda announcements, Commander Sedlacek is here with a police disciplinary action. Commander, thank you for joining us tonight. The Division of Police received an allegation against Detective Carrie Anderson Mars, committed the offenses of use of intoxicants while driving Division vehicle weapon policy and operation and maintenance of home fleet vehicles. After the conclusion of the investigation, the recommendation is three-day suspension without pay, suspension of home fleet privileges for 90 days, and mandatory participation in EAP. Motion by Council Member Crosby, seconded by Council Member Ellinger. Is there any discussion on the motion? Hearing none, we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Thank you, Commander. Next on our agenda, well, the floor is open for any council announcements. Anybody have an announcement? Nope. All right. All right, then we can move on. Public comments, I do have two citizens signed up for public comment. The first is Rachel Childers, and next is Greg Dixon. Is Ms. Childers? I just signed up in case I need to say. Okay. Thanks, Rachel. Thank you very much. Thank you. Yes, ma'am. All right. Mr. Dixon, I believe Greg is here. Thank you, sir. Greg, if you'll just come up to the podium and give us the name and address, even though we know you, sir. Thank you. Thank you, sir. Greg Dixon, the home address is 4908 Stillwood Court, Lexington. I'm here tonight to speak to you on behalf of the company Baker on a Metal Company. The recycling industry has been an important part of the Lexington economy since 1921. We, too, are concerned about metals theft. And in the near future, or currently, there's been some discussion about a Lexington ordinance, and it's something that we are very opposed to in its current form. The reason outlined behind the first tab in the brochure that we passed out a little earlier. First, a county-by-county approach creates unfair market conditions. A local ordinance would hurt our business. It would be better for us to move some of our business segments out of the county than to try and comply and not be able to compete. In my line comments and ordinance markup, I cite specifically how businesses will suffer. Second, taxpayers will pay for duplicate monitoring systems given an impending state law. and third, the ordinance will not stop thieves who will steal material here and then sell it out of the county where our police have no authority, making it harder to catch them, which is my fourth point, that the ordinance makes it harder for local and state law officials to catch thieves. Regulation across the board is good and fair. A statewide system creates a consistent environment for business and law enforcement, including the ability to share information with other localities. A strong state law is in the process. It is the result of an impressive collaboration between industry and law enforcement. Listed behind your second tab are the coalition members and bullet lists of what the bill does. This bill has passed the House and is scheduled to be heard very soon by the Senate Judiciary Committee. The local ordinance would duplicate the billing systems, licenses, and fees, and a number of the ordinance requirements are impractical and costly. And any local law should be consistent with state law to help us continue to be competitive in the local market. I ask three things as you start to consider this in the coming week. First, I would encourage you to postpone moving on this ordinance to see what happens at the state level. Second, during this time, I would ask for you to work with us to develop complementary local rules to make sure we're all on a level playing field. And third, I would encourage all of you to visit our facilities to learn more about our industry and how we can work together to create a more effective regulatory environment. I think the key is I'm looking for legislation that will punish the criminals, not put businesses out of Fayette County. Thank you. Thank you, Mr. Dixon. Sometimes I have the unpopular role of being the timekeeper, and you hit it right on the dot at three minutes. We do have that rule. I was forewarned, sir. Well, you did a great job. I'll tell you what. That's being on schedule and on time. All right. Thanks so much. Thank you. I have no one else signed up for public comment, so the Chair will entertain a motion to adjourn, Motion by Council Member Crosby, second by Council Member Stenet. Without discussion, all in favor, please say aye. No, I mean, opposed, no. We are adjourned. I'm not alone. Until now, I've learned to live without love She'll be good night Like a ship without a sail Wandering aimlessly lost Too lonely