# Urban County Council Meeting - June 21, 2012 > Auto-transcribed civic record · June 21, 2012 - **Permalink**: https://meetings.lexingtonky.news/meeting/2596 - **Source video**: https://lfucg.granicus.com/player/clip/2596?view_id=14&redirect=true - **Date**: 2012-06-21 - **Last revised**: June 21, 2012 - **Length**: 17,977 words > ⚠️ **Auto-generated content.** Audio from the official Granicus video was auto-transcribed with OpenAI's open-source Whisper large-v3-turbo model, run locally by The Lexington Times. Structured facts were extracted with GPT-4o; the narrative summary was written by Anthropic Claude. Verbatim wording may contain errors. See [methodology](https://meetings.lexingtonky.news/about/methodology) or [report a correction](mailto:editor@lexingtonky.news). --- ## Meeting Overview The Lexington-Fayette Urban County Government Council met on June 21, 2012, at 6:00 PM in the Council Chambers in Lexington, Kentucky, with Mayor Gray presiding. During the meeting, the Council addressed two agenda items, including a commemoration recognizing Ryne Combs as the 2012 Mr. Baseball and an ordinance amendment to Section 2-180 of the Code of Ordinances. The Council took two votes during the session and heard two public comments. The ordinance amendment was approved by the Council. ## Attendance **Present:** Mayor Gray, Henson, Kay, Lawless, Martin, McChord, Myers, Stinnett, Beard, Blues, Crosbie, Ellinger, Farmer, Ford, and Gorton **Absent:** Lane **Late:** None ## Votes and Decisions **Ordinance 0669-12: FY 2013 Budget Appropriations** [timestamp: 0:18:41] The body voted on Ordinance 0669-12, which appropriates revenues, expenditures/expenses, and interfund transfers for various funds for fiscal year 2013. Motioned by Stinnett and seconded by Henson, the ordinance passed by roll call vote with 10 ayes and 4 nays. Voting in favor: Henson, Kay, Lawless, Stinnett, Beard, Blues, Ellinger, Farmer, Ford, and Gorton Voting against: Martin, McChord, Myers, and Crosbie The ordinance was approved with a condition that the reference to the Spay and Neuter Fund was removed. **Resolution 0563-12: Collective Bargaining Agreement with Bluegrass Fraternal Order of Police** [timestamp: 0:39:47] The body voted on Resolution 0563-12, accepting the Collective Bargaining Agreement with the Bluegrass Fraternal Order of Police. Motioned by Crosbie and seconded by Gorton, the resolution passed by roll call vote with 12 ayes, 1 nay, and 1 abstention. Voting in favor: Henson, Kay, Lawless, McChord, Myers, Stinnett, Beard, Blues, Crosbie, Ellinger, Farmer, and Gorton Voting against: Martin Abstaining: One member ## Budget and Financial Actions The meeting approved the following financial actions: **Materials Recovery Facility and Waste Management Routing Project** Resolution 0517-12 authorized a final payment of $45,000 to Gershman, Brickner & Bratton, Inc. for completion of the Materials Recovery Facility Project and Waste Management Routing Project. **West Hickman Creek Waste Water Treatment Plant Improvements** Resolution 0521-12 approved a change order in the amount of $5,830.18 to Vanhook Enterprises, Inc. for odor-HVAC improvements to the solids building at the West Hickman Creek Waste Water Treatment Plant. ## Public Comment Two members of the public addressed the meeting with concerns related to county jail operations and costs. **Janet Tucker** spoke at [timestamp: 1:56:19] regarding increased fees at the county jail. She expressed concern that these fee increases unfairly burden individuals who are already struggling financially. **Brandon Dunn** spoke at [timestamp: 2:00:08] about House Bill 463 and jail costs. He suggested that the city should discontinue incarcerating low-level offenders and instead issue citations as a cost-saving measure. ## Contested Items **Increased Fees at the County Jail** A proposal to increase fees at the county jail generated community opposition during the meeting. [timestamp: 1:56:19] Several members of the public submitted comments expressing concerns about the fee increases for inmates. The primary objection centered on the financial burden that increased fees would place on families of incarcerated individuals. Commenters argued that higher fees would create hardship for families already struggling with the costs associated with having an incarcerated relative. The meeting record does not indicate a specific outcome or resolution regarding this contested item. ## Commemoration: Ryne Combs is '2012 Mr. Baseball' Councilmember Stinnett and Mayor Gray presented a commemoration to Ryne Combs for being named Kentucky's Mr. Baseball for 2012. [timestamp: 0:05:04] This was an informational presentation recognizing Combs' achievement and honor in receiving the Mr. Baseball designation for the state of Kentucky in 2012. ## Amending Section 2-180 of the Code of Ordinances **Ordinance 0570-12** This ordinance amended Section 2-180 of the Code of Ordinances to add the Commissioner of Finance as an ex-officio, voting member of the Board of Commissioners of the Lexington and Fayette County Parking Authority. Gorton presented the item [timestamp: 0:12:21]. The ordinance was approved. --- ## Decisions - **Ordinance 0669-12** — passed (10-4): Appropriating the Revenues, Expenditures/Expenses and Interfund Transfers for various funds for FY 2013 - **Resolution 0563-12** — passed (12-1): Accepting the Collective Bargaining Agreement with Bluegrass Fraternal Order of Police --- ## Full transcript Oh, I don't often get to use that gavel, and it means nothing other than to sort of announce that we are convening. Everybody's having such a good time visiting and either becoming acquainted or renewing acquaintances. We sometimes don't like to short-circuit that, but welcome everyone. This is a meeting of the Lexington Urban County Government Council. And first on our agenda tonight is the roll call by our clerk, Susan Lamb. So, Susan, would you please call the roll? Certainly. Ms. Henson? Here. Mr. Kay? Here. Mr. Lane? Ms. Lawless? Here. Mr. Martin? Here. Mr. McCord? Here. Mr. Myers? Here. Mr. Stennett? Yes, sir. Mr. Beard? Present. Mr. Blues? Here. Ms. Crosby? It's him. Mr. Ellinger? Here. Mr. Farmer? Here. Mr. Ford? Here. Ms. Gorton? Here. Thank you. Thank you, Madam Clerk. And next on our agenda is the invocation, and tonight we are honored to have Pastor Charles Johnson, who is with us from the Temple of Prayer, to offer our invocation. Pastor, thank you so much for being here with us. Thank you. It's a great honor to be before you, to the mayor, vice mayor, all of the councilmen and everyone here. Today is just, ironically, my 13th year being here, and it's been a blessing being a resident of Lexington. Very peaceful and safe. Let us bow our heads. God, we thank you for the opportunity to stand here before your people. And we pray for their wisdom and for their leadership in our community and for our city. We pray for each councilman and for our mayor that you continue to provide life and help us as citizens in this city to do the very best that we can to represent you by taking every opportunity of what life gives us. We ask that as we stand before your presence and you look down upon us, that everything we do, not just in this day and in this meeting, but as your children, you will continue to guide us, that we will look towards our fellow men and women and all the children in this city. And as we close this prayer, God, we certainly ask that you allow your angels to continue to encamp all around about every person in this city, young and old, regardless of their ethnicity or their socioeconomic makeup, and continue to protect us. And let us look upon the many blessings that you have provided for us to live in a wonderful city. And we ask that you help us to continue to strive to be the best city in this nation. We ask that you bless our governor, that you bless this state, you bless our mayor, you bless this city, and God bless America. In Jesus' name, we make these requests and let every heart say amen. God bless you. Thank you very much. Thank you, Pastor Johnson. Thank you so much, sir. All right. Next on, first on our agenda, actually, tonight, is a motion. I'll ask for a motion to approve the minutes of previous meetings for March the 22nd, April 10, 12, 17, and 26, May 10, 17, and 29, council meetings. Motion by Vice Mayor Gordon, second by Council Member Crosby. Is there any discussion on the motion? Okay. Hearing none, then we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. And next on our agenda tonight is a presentation that has been recommended and encouraged by Councilmember Kevin Stennett, who I will ask to join us up here at the podium. Councilmember Stennett. Come on up here. Come on up here. All right. Well, tonight we commemorate Mr. Ryan Combs, who has just graduated from Bryan Station and has received some big-time recognition for his achievements on the baseball field. And here tonight with us is Principal Henderson and Athletic Director Mr. Luman. Now I'm going to turn it over to the guy who's encouraged this and knows all about it. Council Member Stenet. Thank you, Mayor. Now, I don't have to tell my colleagues in the horseshoe where I went to high school, but it is an honor to say I did go to Bryan Station and did play baseball as well. So I kind of understand the accomplishment that Ryan has done a little more than some because very rare is it that a player from Bryan Station or Lexington can excel to the point of being the state Mr. Baseball for the entire state. So not only does he represent our city, but he represents our whole state now. and I also want to point out he is the son of a LFUCG employee, Ms. Susan Combs, who many of us know and work with on the pension board. So it is an honor, Susan, to have you and your family here, along with Coach Brooks and his assistant coaches for this accomplishment. So, Ryan, congratulations from the city and from the mayor and from the entire council on your accomplishment and representing our city. Very good. Thank you. Thank you. Just come out of basketball was amazing. He worked his way as a freshman on the varsity team being our closer. Then ever since his sophomore, junior, and senior year, he was our ace of staff. As our program grew over there as far as expectations, and each year I preach to the kids, leave the program better than it was the year before. He is the biggest reason that this program over that I'm at now is in the shape that it is in four years. and four years he's been over there. His combined high school record was 27-6. He had a 1-7-6 career ERA in high school. This year it was a .59. And on top of that, he excels in a classroom, 3-plus GPA. He's going to sign to play baseball. He's signed to play baseball at the University of Kentucky, so we'll get to see him three more years, four more years over there. And just everything that you embody a young man to be to receive that award, on top of getting that, he also got the Gatorade Player of the Year Award. So he just keeps getting accomplishments after accomplishments, and it's a tribute to his athleticism as well as his academics and just the character of a young man that he is. And it's been a pleasure to be a part of his life the last four years, and I hope to see him over in the U.K. keep flourishing. Thanks, Coach. That's a great job. Brian, you can start smiling now. Otherwise, your mom's going to get after you. When we take these pictures, when you take these pictures, you definitely got to. Okay. Now, what we like to do is crowd the winner's circle in this, so we ask all the council members to stand up here, kind of gather together behind, and then you're going to have to stand right up here with the coach and everybody else. Okay, right up there with us. Mayor, I've never seen Susan smile so much like this, at least in one of my meetings anyway. You want me to agree again? Let me think. I think he said it all right. Thank you. That's all you can do. Let's do one more. All the way to the end. A little further. Dress them up, but you can't take them out. Thank you. Oh, we'll do it. Yeah, the principal. Thank you. Thank you. All right. Okay, Susan, Madam Clerk, if we're ready for moving on to our ordinances, which require a second reading. Okay, ordinance number one, an ordinance amending section 2-180 of the Code of Ordinances of the Lexington-Fayette-Urban County Government to add the Commissioner of Finance or his or her designee as an ex-officio voting member of the Board of Commissioners of the Lexington and Fayette County Parking Authority, effective July 1, 2012. Number two, an ordinance submitting certain of the budgets of the Lexington-Fayette-Urban County Government to reflect current requirements for funds in the amount of $750 for the Division of Parks and Recreation from Neighborhood Development Funds for the Better Bites Concessions Program and Appropriating and Repropriating Fund Schedule Number 75. Number 3, an ordinance submitting certain of the budgets of the Lexington-Fade, Urban County Government to reflect current requirements for funds in the amount of $1,225 for the Division of Parks and Recreation from neighborhood development funds for the purchase of new bleachers for the Kenwick Community Center and appropriating and reappropriating funds, Schedule Number 74. Number four, an ordinance admitting certain of the budgets of the Lexington-Fayette-Urban County Government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds. Schedule number 73. Number 5, an ordinance creating and establishing a bid of a non-exclusive gas franchise for the placement of facilities for the transmission, distribution, and sale of gas for heating and other purposes within the public rights of way of Fayette County for a three-month duration with an additional extension of time not to exceed six months if a long-term franchise is not offered prior to expiration and return for payment to the urban county government of the sum of at least 3% of each franchisee's gross annual revenues received from the state, excuse me, from sale, distribution, and or delivery of gas within Fayette County, and further providing for compliance with relevant laws, regulations, and standards of performance, bond, indemnification, insurance, access to property, and inspections, reporting audit notice of filings with the public service commission cancellation or termination penalties for violations and bid requirements all effective on date of passage. Number six, an ordinance creating and establishing a bid for a non-exclusive electric franchise for the placement of facilities for the transmission, distribution, and sale of electrical energy within the public rights of way of Fayette County for a three-month duration with additional extensions of time not to exceed six months of the long-term franchise is not offered prior to expiration and return for payment to the urban county government of the sum of at least 3% of each franchisee's gross annual revenues received from electric services. services provided within Fayette County and further providing for compliance with relevant laws, regulations and standards, a performance bond, indemnification insurance, access to property and inspections, reporting audits, notice of filings with the Public Service Commission, cancellation or termination, penalties for violations, and bid requirements, all effective on date of passage. Number seven, an ordinance amending Section 13-13B of the Code of Ordinances related to special fees to add a scrap metal dealer's license at $500 per year? And there's a motion on number eight? Vice Mayor Gordon. Yes, Mayor. Council members, this regards the budget ordinance. I move to amend the budget ordinance to remove reference to the spay and neuter fund. This is not a material change and does not require a new first reading. And if you have questions, law can answer them. Second. Motion. And there's a motion by Vice Mayor Gordon, second by Council Member Ellinger. Is there any discussion on the motion? All right. Hearing none, then we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Ordinance number eight as amended for second reading. And ordinance appropriating the revenues, expenditures, expenses, and interfund transfers for the General Services District Fund, the Tenant Relocation Fund, the Urban Services District Fund, the Police Confiscated Federal Fund, the Police Confiscated State Fund, the Public Safety Fund, the Municipal Aid Program Fund, the County Aid Program Fund, the Mineral Severance Fund, the Coal Severance Fund, the Miscellaneous Special Revenue Fund, the Police Confiscated Treasury Fund, the FY Fiscal Year 2013 Bond Projects Funds, the Sanitary Sewer Revenue and Operating Fund, the Sanitary Sewers Construction Fund, the Lexington Fayette Urban County Government Public Facilities Corporation General Fund, the Lexington Fayette Urban County Government Public Facilities Corporation Projects Fund, the Lexington Fayette Urban County Government Public Parking Corporation Fund, the Water Quality Management Fund, the Landfill Fund, the Right-of-Way Program Fund, the Extended School Program Fund, the Prisoner's Account Fund, the Enhanced 911 Fund, the LexVan Program Fund, the Lexington Fayette-Urban County Government Public Library Corporation Fund, the City Employees Pension Fund, the Police and Fire Retirement Fund of the Lexington Fayette-Urban County Government, the Medical Insurance Fund, the Property and Casualty Claims Fund, and the Reallocation of Bond Project Funds on a divisional level by four control levels for the fiscal year ending June 30, 2013 for the Lexington Fayette-Urban County Government and its agencies and instrumentalities, approving and adopting the capital improvement program for fiscal years 2013 through fiscal year 2018 as a portion of the fiscal year 2013 annual capital improvements budget and approving funding for the Lexington Fayette-Urban County Tourist and Convention Commission from the transient room tax said funding to equal 99.5% of the revenue from the tax. Thank you. That's not the issue. Thank you, Madam Clerk. Is there a motion? Second. Motion by who was that? Council Member Stennett. Second by Council Member Henson. Is there any discussion on the motion? All right. Madam Clerk, you can call the vote. Call the roll. Can you tell me who made the motion and seconded, please? The motion was by Council Member Stenet. The second was by Council Member Henson. Thank you. Oh, great. You all used the system. That's wonderful. I love it. Ms. Henson? Yes. Mr. K? Yes. Ms. Lawless? Yes. Mr. Martin? No on eight. Yes on the rest. I will denote your vote. Mr. McCord? No on eight. Yes on the rest. I will denote your no vote. Mr. Myers? No on eight. Yes on the rest. Mr. Stennett? Yes. Mr. Beard? Aye. Mr. Blues? Yes. Ms. Crosby? No on eight. Yes on arrest. Mr. Ellinger? Yes. Mr. Farmer? Yes on all. Mr. Ford? Yes. And Ms. Gorton? Aye. Thank you. And there are four no votes on number eight. So that means that... Wait a minute. I didn't... My roster's not good. This is not accurate, Leader. Okay, right, right, right, right. All right. All right. So the vote reflects passage of the motion. And there were four no votes on number eight, which will be reflected in the minutes correctly. All right. All right. Thank you, Madam Clerk. Whenever you're ready, we can proceed to the first reading on ordinances. Yes, sir. Ordinance number nine, an ordinance amending section 24-51 of the Code of Ordinances relating to inmate medical fees to increase the copayment an inmate pays for medical care from $5 to $15 to require an inmate to pay the cost of prescription medication if the prescription is $14.99 or less and to pay a copayment of $15 if the prescription costs more than $14.99, to include a booking fee of $35, and to provide that any fees received shall be used to help offset the cost of operating the detention center. I think, Council Member Lawless, you wish to speak on one of the... On number nine, would this be inappropriate? Yes. Have you already read? You had started reading it, right? I just successfully gave it a full first reading. All right. Well, we can take an amendment now. Councilman Lawless. Okay. I would like to make a motion to amend number nine. that 50% of the commissary fees are kept for commissary items, and 50% of the commissary fees be put in a medical account, and they are so used. If not, they would be. Well, now let's see. Is that in the form of a motion to amend? Mm-hmm. All right. All right. I'm not, it may just be me. But can you frame that motion again, please? I'll certainly give it my best shot. I would like to make a motion to amend number nine, that all commissary fees that are deposited in an inmate's account be reserved for commissary needs, and the other 50% be put in a medical account if so needed. All right. There's a motion. Is there a second? Point of order. Point of order. Mayor, you have ruled on this, so I might be out of order here, but I think this should be done since we've already had first reading and it's already been read. I think this probably should come up when we bring it up for second reading. It would be, and I can ask the parliamentarian if that's correct or not, but I don't know if this would be an accurate time to do this at this point. And I see the clerk's shaking her head. I'm just thinking that that would give you time to work with the Department of Law on your motion. That's fine. So that they can get the correct information for the correct reading. Thank you, ma'am. I'll accept the... Thank you. We'll accept the point of order and accept. Thank you, Council Member Lawless, for considering that. Thank you. Most of them. Okay. Madam Clerk, then you may continue. Thank you. Number 11, an ordinance amending Articles 13-4 and 13-9 of the Zoning Ordinance to update membership revisions of the Historic Preservation Commission and references to codes for properties within the Historic Overlay H-1 Zone. Number 12, an ordinance amending Article 8-20B of the zoning ordinance to add retail sales of automotive parts with storage and distribution of inventory to other local establishments under the same ownership of the highway service business B-3 zone. Number 13, an ordinance amending subsections 16-16.2C, 16-64C, and 16-4044 of the Code of Ordinances of the Lexington-Vaderham County Government to provide for a penalty for unpaid bills after 15 days in interest at the statutory rate, creating sections 16-16.4, 16-64.1, and 16-401.1 of the code to provide for a two-year period effective August 1, 2012, within which to file a claim for refund in a claims process, creating subsection 16-59B3 of the code to provide for billing credits, amending section 16-63 of the code to provide for monthly billings and billing adjustments within two years, amending subsection 16-64A of the Code to provide for assessment of fees or expenses incurred as a result of discontinuing water service and amending subsection 16-4082 of the Code relating to the membership of the Water Quality Fees Board, all effective August 1, 2012. Number 14, an ordinance pursuant to Sections 3.02, subsection 24, and 6.12 of the Charter of the Lexington-Fadden County Government transferring the Division of Engineering and the incumbents in all authorized positions, as well as all vacant positions from the Department of Environmental Quality and Public Works to the Department of Planning, Preservation, and Development at their current job. and number 15, an ordinance amending certain of the budgets of the Lexington and Baydorne County Government to reflect current requirements for municipal expenditures and appropriating and reappropriating fund schedule number 1. Thank you. Thank you, Madam Clerk. I'll ask for motions for Walcons. Vice Mayor Gordon. Thank you, Mayor. I move to place on the docket an ordinance waiving the provisions of Section 22-432 of the Code of Ordinances, which provides for the cost of living increases for the council members during calendar year 2012. Motion by Vice Mayor Gordon. Is there a second? Second by Council Member Blues. Is there any discussion on the motion? Hearing none, we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion? No. All right. We'll take an electronic vote. Can we do that electronically? Electronically? All right. Thank you. All in favor, just, yep. Do we understand the... Will you clarify your motion, please? Yes, I will. Vice Mayor, could you, yeah. I move to place on the docket an ordinance waiving the provisions of Section 22-432 of the Code of Ordinances, which provides for cost of living increases for the Council members during calendar year 2012. All right. So we have a motion and a second, and now we are confirming the vote. All right. So one, two, three, four, five, six. So the motion fails. All right. All right. Thank you, Vice Mayor. Are there any additional walk-ons? All right. If none, then we can move on to a second reading of resolutions. When you're ready, Madam Clerk. Yes, sir. Resolution number one, a resolution authorizing the mayor on behalf of the Urban County Government to execute a mutual release agreement with Gershman, Brickner, and Bratton, Inc., Routeware, Inc., and C2 Logics, Inc., an authorizing final payment to Gershman, Brickner, and Bratton, Inc., for the Materials Recovery Facility Project and Waste Management Routing Project at a cost not to exceed $45,000. Number two, a resolution authorizing the mayor on behalf of the Irvin County Government to execute change order number one of the contract with Van Hook Enterprises, Inc., for West Hickman Creek Wastewater Treatment Plant Solids Building Odor HVAC improvements, increasing the contract price by the sum of $5,830.18, from $699,000 to $704,830.18. Number three, a resolution authorizing the mayor on behalf of the Urban County Government to execute an entry permit with Marathon Pipeline LLC for access to a portion of the West Hickman wastewater treatment plant property for a pipeline testing project at no cost to the urban county government. Number four, a resolution approving the renewal for one year of the contract for services with Group CJ of Lexington, Kentucky for stormwater public outreach and education for the Division of Environmental Policy authorized by Resolution 201-2011 at a cost not to exceed $209,000. Number five, a resolution approving professional services agreements for landscape architectural Services for the Division of Water Quality with Perkins Landscape Architecture, LLC, M2D Design Group, PLLC, and Barrett Partners, incorporated for a one-year term with five one-year renewals at the discretion of the Irvin County Government. Number six, a resolution authorizing the mayor on behalf of the Irvin County Government to execute change order number one to the contract with Sensibaw Design and Construction for a pole barn storage building, increasing the contract price by the sum of $3,275 from $189,000 to $192,275. Number seven, a resolution authorizing and directing the mayor on behalf of the urban county government to execute a modification to agreement with the Kentucky Division of Emergency Management for extension of the project to replace a generator at fire station 1 through June 13, 2014 at no cost to the urban county government. 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 Kentucky Cabinet for Health and Family Services 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 $314,247 federal funds, are for the continuation of the new chance program in the Division of Family Services, 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 nine, 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 of Juvenile Justice 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 $16,183 federal funds under the Juvenile Accountability Block Grant Program are for continuation of the juvenile surveillance program, professional services, professional development, drug testing services, and supplies and educational materials, the acceptance of which obligates the Irvin County Government for the expenditure of $1,798 as a local match and authorizing the Mayor to transfer unencumbered funds within the grant budget. Number 10. A resolution accepting the collective bargaining agreement with Bluegrass Fraternal Order of Police Lodge. Number four, on behalf of the police officers and sergeants in the Division of Police. Number 11, a resolution authorizing the mayor on behalf of the Urban County Government to execute a lease agreement with West End Community Empowerment Project of Lexington, Incorporated for a lease of space at the Black and Williams Neighborhood Center at 498 Georgetown Street. Number 12, a resolution authorizing the mayor on behalf of the Urban County Government to execute an affiliation agreement with the University of Kentucky designating the university as the affiliate sponsor for a paramedic education program for the Division of Fire and Emergency Services at no cost to the urban county government. Number thirteen, a resolution of the Lexington-Fayette-Urban County Government authorizing and acknowledging the execution and delivery of one, a third amendment to bond purchase and loan agreement among the Lexington-Fayette-Urban County Government, Central Bank and Trust Company, a Kentucky banking corporation, and the Lexington Christian Academy Incorporated, and two, any and all other related documents necessary thereto. Number 14. from Public Entity Property Insurance Program at a cost not to exceed $274,882. Excess Special Liability from National Casualty Company at a cost not to exceed $460,995. International from Great Northern Insurance Company at a cost not to exceed $3,250. Self-insurance Auto No-Fault Bond from International Fidelity Insurance Company at a cost not to exceed $2,545. and aviation liability from Phoenix Aviation Managers at a cost not to exceed $4,581, all subject to sufficient funds being appropriated. Number 15, a resolution accepting the bid of Wayne Supply Company in the amount of $37,963.56 for replacement batteries and charges for wastewater treatment plant generators for the Division of Water Quality. Number 16, a resolution accepting the bid of Menofield Enterprise in the amount of $11,300 for electrical work for the Charles Young Center for the Division of Facilities and Fleet Management. Number 17, a resolution accepting the bids of Gulls Incorporated establishing a price contract for web-based quartermaster program public safety uniforms for the Division of Police, Fire and Emergency Services and Community Corrections. Number 18, a resolution accepting the bids of Ennis Paint Incorporated Incorporated in Colorado Paint Company, establishing price contracts for traffic marking paint for the Division of Traffic Engineering. Number 19, a resolution ratifying the probationary civil service appointments of Dustin Baker, GIS programmer analyst, grade 117E, $1,881.20 biweekly in the Division of Computer Services, effective June 25, 2012. Tamoy Carter, Equipment Operator Senior, Grade 109N, 15.080 hourly in the Division of Waste Management, effective June 4, 2012. Connie Godfrey, Director of Adult Services, Grade 120E, 3,000, 3,000, 32, 32 biweekly in the Division of Adult Services, effective May 21, 2012. And Michelle Haynes, Telecommunicator Senior, Grade 113N, 20.262 hourly in the Division of Emergency Management, 9-1-1, effective June 4, 2012. Ratifying the permanent civil service appointments of Greg Isaac, Equipment Operator Senior, Grade 109N, in the Division of Waste Management, effective May 7, 2012. Jeffrey Clay, Equipment Operator Senior, Grade 109N, in the Division of Waste Management, effective May 7, 2012. And Barry Prater, Commodities Marketing Manager, Grade 115E, in the Division of Waste Management, effective May 7, 2012. Ratifying the approved council leave for Sagalinda R. Faulkner, Equipment Operator Senior, Grade 109N, in the Division of Waste Management, effective August 18, 2011 through November 10, 2011. Ratifying the unclassified civil service appointment of Stephen Smith, aid to council, Grade 000E, 2057.68, biweekly in the council office, effective May 2, 2012. ratifying the unclassified civil service pay increases in the office of the Urban County Council. Ronald Seymour, aid to Council, grade 000E, from 2057-69 biweekly to 2089-57 biweekly in the office of the Urban County Council, effective May 21, 2012. And number 20, a resolution authorizing and directing the Division of Traffic Engineering pursuant to Code of Ordinances, Section 1886 to install multi-way stop controls at the intersection of Radcliffe Road and Haggard Lane, and No. 21. A resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an agreement with Ashland Park Neighborhood Association, Incorporated for a public right-of-way beautification project at no cost to the Urban County Government. Thank you. Thank you, Madam Clerk. There's a motion by Council Member Crosby, second by Vice Mayor Borton, to approve. Is there any discussion on the motion? Okay. Hearing none, then we can proceed with a roll call. Madam Clerk. Ms. Henson? Yes. Mr. K? Yes. Okay. Thank you, sir. Ms. Lawless? Yes. Mr. Martin? No on 10, no on 17. Yes on the rest. 10 and 17, I will denote that in the record. Mr. McCord? Yes. Mr. Myers? Yes. Mr. Stennett? Yes, ma'am. Mr. Beard? Aye. Mr. Blues? Aye. Ms. Crosby? Yes. Mr. Ellinger? Yes. Mr. Farmer? Yes, ma'am. Mr. Ford? I abstain on number 10. Yes on all the rest. Abstain on number 10. Thank you. And Ms. Gorton. Aye. Thank you. The vote reflects passage on the motion. So, Madam Clerk, whenever you're ready for the first reading of resolutions, please go ahead. Number 22. Houston, we have a problem. A resolution accepting the bid of Universal Environmental Services establishing a price contract for used oil recycling for the Division of Facilities and Fleet Management. Number 23, a resolution accepting the bid of Ecolab Incorporated establishing a price contract for laundry dispensing systems and supplies for the Division of Community Corrections. Number 24, a resolution accepting the bid of bluegrass mailing data and fulfillment services establishing a price contract for print and mailing services, sewer, landfill, and water quality fees for the Division of Revenue. Number 25, a resolution accepting the bids of Commercial Services Incorporated, doing business as SignsNow, Road Call Incorporated, and Safety Co. Incorporated to Sublarshan Price Contracts for Sanitary Sewer Overflow, Signs for the Division of Water Quality, and authorizing the mayor to execute any related agreements. Number 26, a resolution accepting the bid of excellence incorporated in the amount of $245,030.68 for emergency care unit for the Division of Fire and Emergency Services. Number 27, a resolution ratifying the probationary civil service appointment of Alicia Smith, administrative specialist senior, grade 112N, 18.194 hourly in the Division of Human Resources, effective June 18, 2012. Twenty-eight, a resolution authorizing the Division of Human Resources to make a conditional offer to the following probationary civil service appointment of John Maxwell, Director of Human Resources, Grade 123E, 3638, 65 biweekly in the Division of Human Resources, effective upon passage of counsel. Number 29, a resolution authorizing the Division of Emergency Management 911 to obtain up to three years of software maintenance services from Vision Solutions, a sole source provider, at a cost not to exceed $21,841.20. Number 30, a resolution authorizing the Division of Emergency Management 911 to obtain up to three years of software, hardware services, and maintenance related to the emergency call tracking system for the Central Kentucky 911 network enhanced from direct apps, incorporated as sole source provider at a cost not to exceed $9,600 in FY 2012 and authorizing the mayor to execute any necessary documents. documents. Number 31, a resolution authorizing and directing the mayor on behalf of the urban county government to execute an amendment to CHDO agreement with the Fayette County Local Development Corporation for an additional $87,187 in home investment partnership program funds for development of rental housing units. Number 32, a resolution authorizing the mayor on behalf of the urban county government to execute seven releases of easements releasing various streetlights, sanitary sewer storm, and drainage easements on various properties located on Weston Park. 33, a resolution authorizing the mayor on behalf of the urban county government to execute an amendment to contract with Group C.J. of Lexington, Kentucky for an education and outreach campaign for municipal services billing for the Division of Environmental Policy at a cost not to exceed $225,000 and providing that additional education and outreach services may be required by the urban county government if necessary at an additional cost not to exceed $150,000. Number 34, a resolution authorizing and directing the mayor on behalf of the urban county government to execute an agreement with the Kentucky Department of Military Affairs Division of Emergency Management for extension of the South Bend Lone Oak Drive's Lafayette Parkway Flood Mitigation Project through September 14, 2012 at no cost to the urban county government. Number 35, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an amendment to agreement with REACH, incorporated for an additional $166,000 for the First Time Home Buyers Program at a cost not to exceed an additional $166,000. Number 36, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an agreement with Bluegrass Regional Mental Health Retardation Board, Incorporated doing business as Comprehensive Care Center for Mental Health Services for Inmates at the Detention Center at a cost not to exceed $881,265. 37, a resolution authorizing the mayor on behalf of the urban county government to execute a contract with central business systems for mail equipment and maintenance at a cost not to exceed $3,107.28. Number 38, a resolution authorizing the mayor on behalf of the urban county government to execute an agreement with the Institute of Police Technology and Management and a facility usage application with Fayette County Public Schools for crisis hostage negotiations level one course at a cost not to exceed $12,500. Number 39, a resolution authorizing and directing the mayor on behalf of the urban county government to execute a lease agreement with the Lexington Fayette County NAACP branch for lease of space at the Black and Williams Neighborhood Center located at 498 or Georgetown Street. Number 40, a resolution authorizing the mayor on behalf of the urban county government to execute a lease agreement with Urban League of Lexington Fayette County for lease of space at Black and Williams Neighborhood Center at 498 Georgetown Street. Number 41, a resolution authorizing the mayor on behalf of the urban county government to execute an agreement with the Lexington Fayette County Human Rights Commission for Purchase and Services for FY 2013 at a cost not to exceed $200,260. Number 42, 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 of Education, Division of School, and Community Nutrition 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 $79,000 federal funds are for the participation in the child care food program at the Family Care Center, the acceptance of which does not obligate the Urban County Government for the expenditure of funds and are authorizing the mayor to transfer unencumbered funds within the grant budget. Number 43, a resolution authorizing the mayor on behalf of the Urban County Government to execute an amendment to sublease and management agreement, contract number 4730, with Lexington Arts and Cultural Council, Inc. for management and operation of the Downtown Arts Center. Number 44, a resolution authorizing the mayor on behalf of the Urban County Government to execute a letter of agreement with Dean Norton Allen Ford PLLC for preparation of the sheriff's settlement for the 2011 property tax year at a cost not to exceed $15,000 in FY 2013. Number 45, a resolution authorizing the mayor on behalf of the urban county government to accept a donation from Petal the Planet Incorporated of three fix-it stations for use at Legacy Trail at no cost to the urban county government. Number 46, a resolution authorizing and directing the mayor on behalf of the urban county government to execute agreements with the Board of Education of Fayette County and the Kentucky State Police for services under the 2010 Project Safe Neighborhood Program at a cost not to exceed $10,000 for the Board of Education of Fayette County and $23,027 for the Kentucky State Police. 47. A resolution amending Section 1 of Resolution No. 333-2006, which authorized and directed the Mayor on behalf of the Urban County Government to execute a certificate of consideration and accepted the conveying permanent storm sewer and temporary construction easements from David Freeman for property located at 695 Woodward Lane for the Wilderness Road Woodward Lane sanitary sewer project, changing the cost from no cost to the Urban County Government to $1,796.85 plus usual. and appropriate closing costs. 48, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a certificate of consideration and accept a deed conveying permanent sanitary sewer and temporary construction easements from Sheldon T. and Janet Dale Reynolds for the property located at 683 Woodward Lane for the Wilderness Road Woodward Lane sanitary sewer project and authorizing payment in the amount of $849.90 plus usual and appropriate closing costs. Number 49, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a certificate of consideration and accept a deed conveying permanent sanitary sewer and temporary construction easements from Ronald and Rose Crim for the property located at 6679 Woodward Lane for the Wilderness Road-Woodward Lane sanitary sewer project and authorizing payment in the amount of $261.90 plus usual and appropriate closing costs. Number 50, A resolution change in the street names and property address numbers of 1400 Corona Drive to 4513 Clubhouse Drive, 2980 Mahalud Lane to 3048 Drexel Pass, 772 1⁄2 Shelby Avenue to 913 Highland Drive, 454 East Maxwell Street to 304 Transylvania Park, 1076 Windham Hills Drive to 3964 Windham Ridge. Changing the property address number of 1360, 1403, 1404, 1405, 1406, 1407, 1408, 1409, 1410, 1411, 1414, 1413, 1416, 1415, 1416.5, 1417, 1418, 1420, 1426, 1428, 1430, 1432, 1434, 1436, 1437, 1438, 1441, through 1443, 1440, 1442, 1447 through 1449, 1450, 1453, and 1457 through 1459. Elizabeth Street 2, 1351, 1484, 1485, 1488, 1489, 1492, 1493, 1496, 1497, 1500, 1505, 1506, 1509, 1512, 1513, 1516, 1517, 1521, 1525, 1529, 1533, 1537, 1541, 1545, 1546, 1549, 1550, 1557, 1561, 1562, 1565, 1570, and 1574 Elizabeth Street. 4986 Newtown Pike to 4980 Newtown Pike. 3200 Nicholasville Road to 3220 Nicholasville Road. 570 through 576 Quinn Shearer Court to 576 Quinn Shearer Court. And 2051 Richmond Road to 2041 Richmond Road. And changing the street names of 336, 338, 340, 342, 346, 344, 346, and 348 Campsy Place 2, 336, 338, 340, 342, 344, 346, and 348, Camp C. Court. All effective 30 days from passage. 51. 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 Justice and to provide any additional information requested in connection with this grant application, which grant funds are in the amount of 129,533 federal funds under the State Criminal Alien Assistance Program and are for reimbursement of costs related to the incarceration of undocumented criminal aliens. Number 52, a resolution authorizing Dean Dorton Allen Ford PLLC to conduct a financial audit of all Lexington Bay and Urban County government funds for fiscal year 2012 for an amount not to exceed $124,000 and authorizing the mayor on behalf of the Irvin County Government to execute any necessary agreement or documents with Dean Norton Allen Ford, PLLC. Number 53, a resolution authorizing the mayor on behalf of the Irvin County Government to execute FY 2013, purchase a service agreement with Lexington Children's Museum, Inc., doing business as Explorium of Lexington to provide education and cultural experience for children and their caregivers at a cost not to exceed $169,000, subject to sufficient funds being appropriated. Number 54. A resolution authorizing the mayor on behalf of the urban county government to execute agreements with NAMI Lexington, $325. The Southland Association Incorporated, $800. Garden Springs Neighborhood Association, $975. Harrods Hill Neighborhood Association, $1,125. Camp Nelson Honor Guard, $4,278. Casa of Lexington Incorporated, $1,275. American Lung Association of Kentucky Incorporated $985 Beaumont Center Family YMCA $875 Rare Inner City Ministries $950 CyTall Chapter Omega Psi Phi Fraternity $525 Imani Family Life Center $475 Girl Scouts of Kentucky's Wilderness Road Council Incorporated $422.90 Center for Women, Children, and Families Incorporated $422.00 $4.90. Chrysalis House Incorporated, $422.90. Kentucky Student Veterans Incorporated, $422.90. Bluegrass Community Foundation Incorporated, $3,500. Bluegrass Community Foundation Incorporated, $3,000. African Cemetery No. 2 Incorporated, $130. And Green Acres, Hollow Creek, Breckenridge Neighborhood Association Incorporated, $440. for the Office of the Urban County Council at a cost not to exceed the sums stated. Number 55, a resolution authorizing the Mayor on behalf of the Urban County Government to execute an agreement with the Salvation Army, $2,000 for the Office of the Urban County Council at a cost not to exceed the sums stated. 56, a resolution authorizing the Mayor on behalf of the Urban County Government to execute a release of easement, releasing a portion of a sanitary sewer easement on a property located at 4101 Tates Creek Road. 57, a resolution authorizing and directing the mayor on behalf of the urban county government to execute and submit a grant application to the Bluegrass Workforce Investment Board 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 $115,000 federal funds and are for the Workforce Investment Act project for the Division of Youth Services, the acceptance of which obligates the urban county government for the expenditure of $33,940 as a local match and authorizing the mayor to transfer and encumbered funds within the grant budget. 58. A resolution authorizing and directing the mayor on behalf of the urban county government to accept a grant from the Kentucky Transportation Cabinet, which grant funds are in the amount of $2,721,700 federal funds off of the legacy trail phase 3, the acceptance of which obligates the urban county government for the expenditure of $680,425 as a local match and authorizing the mayor to transfer unencumbered funds within the grant budget. 59. A resolution authorizing the mayor on behalf of the Irvin County Government to execute an agreement with RCC Consultants Incorporated, a sole source provider for technical service systems review services, at a cost not to exceed $35,820. 60. A resolution authorizing the mayor on behalf of the Irvin County Government to execute an engineering services agreement with CDP Engineers, Incorporated for the Loudoun Avenue Sidewalk Project for the Division of Engineering at a cost not to exceed $44,652. Number 61, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an agreement with the Kentucky Department of Military Affairs, Division of Emergency Management for extension of the comprehensive hazard mitigation plan update project through June 30, 2014 at no cost to the urban county government. 62, a resolution authorizing and directing the mayor on behalf of the urban county government to execute modification number three to the neighborhood stabilization program funding agreement with the Kentucky Department for Local Government for $27,072 in additional federal funds for unanticipated program costs. 63, a resolution authorizing the mayor on behalf of the urban county government to accept a donation from Creation Technologies of Lexington of a Big Billy solar power trash compactor for use at the Fifth Third Pavilion in Cheapside Park at no cost to the Irving County Government. 64. A resolution authorizing and directing the mayor on behalf of the Irving County Government to execute an amendment to agreement with the University of Louisville Research Foundation for extension of the agreement for hazard mitigation planning services through June 30, 2013. Am I rescatching this? Excuse me. 65, a resolution authorizing the Division of Emergency Management 9-1-1 on behalf of the urban county government to purchase ZUMRO non-ambulatory roller systems on carts with accessories under the Metropolitan Medical Response System Project and the Chemical Stockpile Emergency Preparedness Program from Advanced Ecosystems, incorporated a sole source provider at a cost not to exceed $48,000. 66. A resolution authorizing the mayor on behalf of the Irvin County Government to execute change order number 5 to the contract with Woodall Construction Company, Inc. for the construction of Clay's Mill Road. Improvements Project increasing the contract price by the sums of $76,318.31 from $3,674,372.29 to $3,750,690.60. A resolution authorizing the mayor on behalf of the urban county government to execute an engineering services agreement with M2D Design Group for the Gainesville Trail Project for the Division of Engineering had a cost not to exceed $43,825. Number 68, a resolution authorizing and directing the mayor on behalf of the urban county government to accept a grant from the Kentucky Division of Forestry, which grant funds are in the amount of $10,000 federal funds for the treatment of ash trees on publicly managed lands, 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 69, a resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute a memorandum of agreement with the Commonwealth of Kentucky State Board of Elections for the acceptance of $1,125,000 for the purchase of voting equipment. Number 70, a resolution authorizing the mayor on behalf of the Irvin County Government to execute a new case document, amendment to plan management agreement, an amendment to group stop-loss policy extension with Humana Insurance Company for the administration of health care claims for the period of January 1, 2012, through December 31, 2012. 71. A resolution authorizing and directing the Department of Finance beginning fiscal year 2013 and the beginning of each fiscal year thereafter, July 1, to designate a fund of at least $200,000 to fund abatement-related activities defined as mowing weeds, trash, and debris by the Division of Code Enforcement in 72, a resolution authorizing and directing the Commissioner of Public Safety to evaluate the functions of all positions within the Division of Police and the Division of Fire and Emergency Services to determine whether the totality of a position's duties can be performed by a non-sworn employee. Thank you. Thank you, Madam Clerk. It's now time for walk-ons. And Council Member Ford, is Council Member Ford here? Council Member Ford. No rush, no rush. It's just 7 o'clock. Rush. I mean, it's just early in the night, early in the evening. Council Member Ford is going to make a motion regarding the ask me, meet and confer representation. and Richard Maloney has a few comments regarding that walk-on as well. So, Council Member Ford. All right. Thank you, Mayor. I move to place on the docket a resolution approving the communication of the Chief Administrative Officer relating to the petition for recognition of the American Federation of State, County, and Municipal Employees, Council 62, for the purpose of meeting and confer. So move. There's a motion. No, this is a motion just to, that's why actually to explain that it might be worthwhile for CAO Maloney, Chief Administrative Officer Maloney, to explain. As you all know, last week I sent a letter. Wait, wait, wait, Richard. All right, now start, please. As you all know, last week I sent a letter to all of you all about AFSCME, and they had petitioned the administration for recognition as an employee organization within the Division of Waste Management as defined in the ordinance that the recognition of AFSCME to seek its recognition for the purpose of meeting and conferring. This procedure for this type of recognition was set forth in the ordinance in 1975. And the ordinance permits employees within the unit to petition the CAO for recognition if they fulfill certain criteria. AFSCME has fulfilled these, and the positions that they are asking for to be looked at for the Division of Waste Management are administrative specialists, enforcement officers, equipment, operating seniors, public service workers, staff assistants, and staff assistant seniors. And what I wanted to go on and say is we have been in contact with their local board of election, and what we've asked for Chris to come in and bring the ordinance up, which we are done now. So the ordinance provides that upon approval of the communication by the council, the CA will provide and conduct an election by a secret ballot to determine whether the employee wished to be part of this organization. As I said before, we have been working with their local board of elections. They have designated the county clerk to conduct this election. We will be working with the county clerk to coordinate this election next month. And if anybody has any questions, I have Ed Gardner here to be able to answer some of the questions about the ordinance from law. The procedure, as I understand it, involves the chief administrative officer procedurally. So Richard has commented on the procedure, but we've got Mr. Gardner here, Ed, and Janet is also involved. And I think it would be worthwhile for both of you all, if you could, to come to the podium and translate some of what Richard just shared with us. what Richard was doing was reading a protocol, essentially, that had been developed. Now we can put some of that in lay terms by lawyers. The ordinance was passed in 1975, and it provides for a procedure where any group of employees within the urban county government with certain exclusions can get together and decide that they want a representation for the purposes of meeting and conferring with the government on salary and working on the wages and working conditions. And the ASCME union has gone through the procedure appropriately, got sufficient numbers of employees in Division of Waste Management to provide an intent to do that. Richard, in conjunction with the Department of Law, reviewed that to make sure everything was provided under the ordinance. and he has now defined the unit to be the list of employees that he listed. Excluded from this by ordinance are supervisory employees, managerial employees, and confidential employees. So it's not everybody in the Division of Risk Management. It would be the people in those positions that he enumerated. And after this procedure tonight, assuming the council accepts the communication, from the CAO, it would then move to a secret ballot election where ASME could be formally voted in as a representative. Or if not enough wanted them, they would fail and they would not have representation. Or if another union wanted to come in and also be on the ballot, that could also happen. Those are the next steps. The election is the next step, and those are the possibilities. We can get on to ask questions. All right. You're having trouble, I'm sorry, Councilman Crossey, you're having trouble logging on? I can't request to see. Susan, is there a problem? You did, but now it's. All right, okay. All right, Janet, would you like to add anything to that? I think there's a question about timing. Vice Mayor Borden may have that question about timing. You know, apply a walk-on, for example. Councilman, I mean Vice Mayor Gordon. I did. I wanted to know why this is being walked on, that there's not more advance, you know, notice how we usually put things through on a Tuesday and discuss them. The reason for that was pursuant to the 75 ordinance, it provides a procedure for when certain things have to get done in order, and I believe the ordinance provides that at the next council meeting following when the union fulfills the criteria, that that's when the CAO has to make the communication to you all. So this was the next meeting, so we had to follow the ordinance, and that's why we had to walk it on. I see. Thank you. Council Member Kay. Thank you, ma'am. My question is the term to meet and confer, I presume that's a specific term that has a more commonly understood meaning. Can you explain? Yes, and I frankly had heard of the term and had never researched it until this came up. But basically what it means is it's not collective bargaining. That's the first thing. It is not collective bargaining. and the reason being that it is not a situation where both parties are obligated to reach an agreement. It is an opportunity for these employees to have an open dialogue and a formal dialogue with the administration about wages and working conditions, but neither side is compelled to enter into any specific agreement as a result of those meetings. So, more specifically, it does not set up a separate bargaining unit for a contract such as? No. The results of meet and confer meetings, I guess they're negotiations, I don't know, but I think more in terms of negotiations being when you're going to negotiate to an agreement. But the result of these meetings typically appears is something like a memorandum of understanding where the agreements and the understandings of the parties could be memorialized, hopefully to improve the working relationship, but not a collective bargaining agreement similar to what you've just approved tonight for police. Nothing along those lines. Not that formal. Thank you. Thank you, Mayor. Thank you, Council Member Kaye. Does anyone else wish to comment or ask questions? Council Member Crosby, sorry. It's not functioning. I'm just curious. Is this a request of the administration to Council Member Ford to bring this forward, or is... Council Member Ford? We had to, I guess, we had to have somebody walking on. I don't know. He got asked. Council Member McCrosby, I was just asked to walk it on this afternoon on behalf of the administration. Thank you. So, Janet, would you like to, or Commissioner Graham, excuse me for being too casual, Is there anything more that needs to be explained about this procedure right now? I shouldn't say that it needs to be. I'm certain that council members would have questions about this, just as I had questions when I was informed about it. I mean, like Ed described, it's kind of a term of art, and it's not collective bargaining. This is an ordinance that was passed in 1975, so it's kind of an old ordinance that's been on the books for a long time. And ASME, to my knowledge, is the only organization recently that has brought forth the ordinance and asked to be recognized as an organization of this type. And so now, as I noted, we're following the 1975 ordinance, which asks for the council's approval of the communication so that we can then work with the county clerk to conduct this secret ballot election. So that would be the next step. Right. Now, Vice Mayor Gordon just had a sidebar question that I'll just share. We are not asking for a second read on this, so there will be time for the council. Having been a council member before, I am sympathetic with the concerns for surprises on issues that have significant downstream effect often on our city. So we will have an opportunity. I'm sure that others will have questions about this just as I will have. What we're doing is following the law right now, right? That's correct. And the law which I'm asking the question here. I mean, a vote we are required by federal, is that right, federal legislation, labor? No, on this, it's our local ordinance. Oh, our local ordinance. Okay. All right. Passed in 1975 to acknowledge the communication. This is an acknowledgment of the communication. All right. Okay. And this is the first reading on that, right? I guess that's the best way to put it, yes. Yes. The ordinance requires that the communication from Richard to the union, that you be advised of that. My understanding is you got copies of it maybe four or five days ago. But this is the formal notice as required by the ordinance at the next regular meeting of the council. That's why we're here tonight. But that approval is necessary procedurally in order to allow the administration to proceed to get the election set up so that these employees have an opportunity to vote on whether or not they want to be represented by it, ask me. And to formalize your acceptance, it's in the form of a resolution. as opposed to just a voice vote, we accept it. It documents the fact that you have passed a resolution to accept that. But this is a first reading, so questions, inquiry, being satisfied with this procedure is something that we would encourage council members to do between now and the second reading. Right? Yeah, that's fine. Okay, great. Still out there? There are several questions. I'm Council Member Henson. Thank you, Mayor. I agree, Mayor, with what you said. I think it's just a very complex issue that I have trouble with a walk-on and not understanding. So you're saying, by law, we have to be notified, and we would have to vote. What are we voting on then? The two readings would be a resolution approving the communication of the CAO so that that has to happen before we can set up a secret ballot election for the folks to vote on. Whether AFSCME becomes a meet and confer, that's recognized as their organization. And so you're saying by ordinance, we don't have a choice, right? Well, we did not have a choice of whether to walk it on tonight pursuant to the 1975 ordinance. We had to do that because it said the next council meeting following when criteria were met that the union had to do and various other procedural things. But you still have the opportunity between now and July 5th to ask any questions or do whatever we need. I guess what I would like is something showing the procedures that have to be followed. We can send you the 1975 ordinance, which spells those out, and we'd be glad to do that. Okay. Thank you. Council Member Lawless? is this all the ask me employees or is it just waste management it's they just ask for waste management to be the unit that that the meet and confer issue would be a part of So the other employees, their members, are not a part of this? That's correct. Under the 1975 ordinance, you have to ask me as to define what unit they want to start the criteria and the procedures on, and they designate the Division of Waste Management. Okay, so they had to choose one unit. Okay, thank you. Council Member Beard. Thank you, Mary. I assume that the union is not going to do this for free, so there will be dues that the employees will have to pay? Yes. I would assume so. I would assume so, too. Obviously, they're in the business to be in business. Is there any danger of this escalating into something other than what you outlined before? Is this just the first step, in other words? Well, I think for collective bargaining, I think you would need a state statute passed. In other words, the same way that police and fire and corrections, there's a separate state statute allowing collective bargaining for those folks. So in order for that collective bargaining for this group to occur, I think a state statute would have to pass. But this entity could go to Frankfurt and lobby for that, I assume. Yeah, that's correct. Okay. Thank you. Thank you, Council Member Beer. I don't have anybody else signed up to speak or comment. All right. Okay. Thank you. Thank you all. All right. Are there any? There's a motion. There's a motion. Did we get a second? Yes. Yeah. All right. It's somewhere in there. All right. If there's no further discussion, we can take a vote. All in favor, please indicate by saying aye. Aye. Opposed, no. All right. There is one nay. Is it working now, KC? Is it functioning? All right. You got it? There are others that haven't voted. Anyone who hasn't voted, please vote. Mr. Martin, I'll notice that he's absent. Mr. Myers. Mr. Seneza. So you voted no, right? I'm showing yours up. You got it correct. Council Member Crosby's vote is a nay. You got that, Susan? Okay, yes. All right. I'm sorry, I just didn't hear you. All right. You just need to tell me. All right. Are there any other walk-ons? I need to get that one first reading. First on that one. Yes, sir. Thank you. Please. Yeah. Number 73, a resolution approving the communication of the chief administrative officer relating to the petition for recognition of the American Federation of State, County, and Municipal Employees, Council 62, for the purpose of meeting and conferring. Thank you. Thank you, Madam Clerk. All right. Are there any, there are no further, there are no more walk-ons. I'll ask for a second reading request. Vice Mayor Gordon. Thank you, Mayor. I move to suspend the rules and give second reading to numbers 54 and 55. Second. There's a motion for numbers 54, to give a second read to numbers 54 and 55. I got one from Steve Kay. Motion by Vice Mayor, seconded by Council Member Kay. Is there any discussion on the motion? All right. Hearing none, we can take a vote. All in favor? Aye. All opposed, no. Motion carries on 54 and 55. Council Member Myers. Thank you, Mayor. I move to extend the rules and give second meetings to numbers 71 and 72. Second. Which one was that? 71 and 72. 71 and 72. Motion by Council Member Meyer, second by Council Member Ellinger on 71 and 72. Is there any discussion? All right. Hearing none, then we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Anybody else have a request for suspension? Vice Mayor Gordon. I just have one more. I move to suspend the rules and give second reading to number 63, the donation. It's a motion by the Vice Mayor on number 63. Is there a second? Is there a second? Second by Council Member Blues. Is there any discussion on the motion? 63. Is there any discussion on the motion on 63? All right. Hearing none, then we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. All right. Seeing no further requests for second reads, I'll ask the clerk to please. Oh, there is another one. Oh, I'm sorry. Council Member Lawless and then Mr. Maloney. Okay, Mr. Maloney. Thank you. I have a few of them I have requests for second reading. Number 28, this is the condition offered resolution we would like to move. These are long and quickly as possible for people that are affected. So move. Move approval. Second. Motion by Vice Mayor Gordon. Second by Council Member Ellinger. Is there any discussion on the motion? All right. Hearing none, then we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Number 33, we're asking for a second reading for the billing and payment process. We'd like to get that going as soon as possible. Suit approved. Second. It's a motion on 33 by Council Member Ellinger, second by Vice Mayor Gordon. Is there any discussion on the motion? All right. Hearing none, then we can take a vote. All in favor, please say aye. Aye. Opposed, no. The motion carries. Number 38, we have an IPTM training staff for next month, and we need to get that finalized so they can go start training. What's number 38? 38. Council Member Kaye, did you say? It's a motion by Council Member Kaye. Second by Council Member Ellinger. Yes. Is there any discussion on the motion? Hearing none, then we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Number 69, we need to get a second reading for the state review deadline for the new election computers. Number 69. 69, that is the MOU for the purchase of voting equipment. 69. Second. Moved and approved. Second. Second. Motion by. Councilman Ellinger, second by Vice Mayor Gordon. Is there any discussion on the motion? All right. All in favor, please say aye. Aye. Opposed? No. Motion carries. I have two here, back-to-back, 31 and 46, for the same reason. They're in the people's office, and we need to get them spent by the end of the year. I'm sorry, I missed that. 31 and 46. They're the same reason they need to be purchased and people stop we have to have them spent by the end of the year. Alright, it was 31 and 46. 31 and 46. Second. It's a motion by Council Member Blues and a second by Council Member Ellinger. Is there any discussion on the motion? All right. Hearing none, then we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Number 35, we have housing. They're going to be closing for homeownership at the end of the month. We'd like to have those first and second reasons on those, please. 35. Moved to approve. 7. Well, I think it's because of the... All right. No, you listen. Ask if you want to. I'm okay asking. I want to. Is there a motion by Council Member Ellinger on 35? Yes, sir. Was there a second? Second by Council Member Beard. Is there any discussion on the motion? All right. Hearing none, we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. And then our number 29 and 30, similar. We need to compete these by the fiscal year, 29 and 30. There's a motion. We have a question before the motion. Mr. Maloney. Thank you. No, it's okay. He doesn't need to come down. It's for you. I'm just, do these all have to, you have a lot of these, and I just wonder, do they all have to be done before July 1st? Is that the situation? Or, because we have another meeting before we go on break. We have two more meetings. Do they have June 30th deadlines? It's a fiscal year and issue. All of them? Yeah, these have to be done. Okay, thank you. Well, what the Vice Mayor is asking is for context. When we are asked as a council to make these kinds of second reads, as you know from having been on the council, Mr. Maloney, for 20 years, that you never liked to be surprised. So that's what the council is asking. No. And then on 26th, the last from the Fire Department. We've got to vote on that one first, Richard. I'm sorry. Put just a second. Did we get a second? No, we didn't even get a motion yet on 36. Is someone willing? That was on 36, right? 29 and 30. And now we're on number 26. Move to approve 29 and 30 for second reading. Vice Mayor, being generous, motion by Vice Mayor Gordon, second by Council Member Kaye. 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. In the last one, the fire department would like to get their productions scheduled quicker than their best boys. Second, number 26. Second. Motion by, vigorous motion by Council Member Farmer. Who was that second by? There was a slew. Oh, Vice Mayor Gordon. That was a double second. You haven't gotten any yet, Council Member Beard. So there's a second by Council Member Beard. A triple second. You can decide. Is there any comment or discussion? Hearing none, we can take a vote. All in favor, please say aye. Opposed, no. Motion carries. Is that it? It's all right. Well, at least the cogs of government will move ahead, or the wheels, rather. It's a mixed metaphor, forgive me. Well, the cogs have to move as well as the wheels. Madam Clerk? All righty. You've got a lot of work ahead of you here. Well, I'm just trying to figure out if it's going to be easier for me to try to put these in order or if I'm going to just wing it in the order that they were presented. So I'm going to shoot. We can understand if there's a stumble. Thank you. All right, here we go. Bear with me. The first one is 28. 26. Twenty-six. See, I told you I already screwed up. Number twenty-six. Bear with me. There's a lot of resolutions on tonight. Twenty-six. The resolution accepting the bid of excellence incorporated in the amount of $245,030.68 for emergency care unit for the Division of Fire and Emergency Services. 28. A resolution authorizing the Division of Human Resources to make a conditional offer to the following probationary civil service appointment of John Maxwell, Director of Human Resources, Grade 123E, 363865 biweekly in the Division of Human Resources, effective upon passage of counsel. Number 30. 29. Number 29, a resolution authorizing the Division of Emergency Management 911 to obtain up to three years of software maintenance services from Vision Solutions, a sole source provider at a cost not to exceed $21,841.20, FY2012. Number 30, a resolution authorizing the Division of Emergency Management 9-1-1 to obtain up to three years of software, hardware, services, and maintenance related to the emergency call tracking system for the Central Kentucky 9-1-1 network enhancement enhanced from direct apps incorporated a sole source provider at a cost not to exceed $9,600 FY 2012 and authorizing the mayor to execute any necessary documents. Number 31. A resolution authorizing and directing the mayor on behalf of the urban county government to execute an amendment to CHDO agreement with the Fayette County Local Development Corporation for an additional $87,187 in home investment partnership program funds for development of rental housing units. Thirty-three. A resolution authorizing the mayor on behalf of the urban county government to execute an amendment to contract with Group C.J. of Lexington, Kentucky, for an education and outreach campaign for municipal services billing for the Division of Environmental Policy at a cost not to exceed $225,000 and providing that additional education and outreach services may be required by the urban county government if necessary at an additional cost not to exceed $150,000. Number 38. 35. Thank you. A resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an amendment to agreement with REACH, Incorporated, for an additional $166,000 for the first-time homebuyers program at a cost not to exceed an additional $166,000. Number 38. A resolution authorizing and directing the mayor on behalf of the urban county government to execute an agreement with the Institute of Police Technology and Management and a facility usage application with Fayette County Public Schools for crisis hostage negotiations level one course at a cost not to exceed $12,500. Number 46. Number 46. Cumbersome, cumbersome. Number 46, a resolution authorizing and directing the mayor on behalf of the urban county government to execute agreements with the Board of Education of Fayette County and the Kentucky State Police for services under the 2010 Project Safe Neighborhood Program at a cost not to exceed $10,000 for the Board of Education of Fayette County and $23,000 for the Kentucky State Police. a resolution authorizing the mayor on behalf of the urban county government to execute agreements with NAMI Lexington $325, the Southland Association Incorporated $800, Garden Springs Neighborhood Association, $975 Harrods Hill Neighborhood Association, $1,125 Camp Nelson Honor Guard, $4,278 Casa of Lexington Incorporated, $1,275 American Lung Association of Kentucky Incorporated, $985 Beaumont Center Family YMCA, $875 Rare Inner City Ministries, $950. Sci-Taw Chapter Omega Sci-Fi Fraternity, $525. Imani Family Life Center, $475. Girl Scouts of Kentucky's Wilderness Road Council, Inc., $422.90. Center for Women, Children, and Families, Inc., $422.90. Chrysalis House, Inc., $422.90. Kentucky Student Veterans Incorporated, $422.90. Bluegrass Community Foundation Incorporated, $3,500. Bluegrass Community Foundation Incorporated, $3,000. African Cemetery No. 2 Incorporated, $130. And Green Acres, Hollow Creek, Reckon Ridge, Neighborhood Association, $440. For the office of the Urban County Council, it costs not to exceed the sums stated. Number 55, a resolution authorizing the mayor on behalf of the urban county government to execute an agreement with Salvation Army, $2,000 for the office of the urban county council at a cost not to exceed the sum stated. Number 63. A resolution authorizing the mayor on behalf of the urban county government to accept a donation from Creation Technologies of Lexington of a Big Belly solar-powered trash compactor for use at the 5th Third Pavilion in Cheapside Park at no cost to the urban county government. Number 69. A resolution authorizing and directing the mayor on behalf of the urban county government to execute a memorandum of agreement with the Commonwealth of Kentucky State Board of Elections for the acceptance of $1,125,000 for the purchase of voting equipment. Number 71, a resolution authorizing and directing the Department of Finance beginning fiscal year 2013 and the beginning of each fiscal year thereafter, July 1, to designate a fund of at least $200,000 to fund abatement-related activities defined as mowing weeds, trash, and debris by the Division of Code Enforcement. And number 72, a resolution authorizing and directing the Commissioner of Public Safety to evaluate the functions of all positions within the Division of Police and the Division of Fire and Emergency Services to determine whether the totality of a position's duties can be performed by a non-sworn employee. I think that's all of them. Thank you. Thank you, Madam Clerk. Motion to approve by Council Member Ellinger. Is there a second? Second by Council Member Blues. Is there any discussion on the motion? All right. Hearing none, then, Madam Clerk, please call the roll. Ms. Henson? Yes. Mr. K? Yes. Ms. Lawless? Yes. Mr. Martin is absent. Mr. McCord? Yes. Mr. Myers? Yes. Mr. Stennett? Yes, ma'am. Mr. Beard? Aye. Mr. Blues? Yes. Ms. Crosby's absent. Mr. Ellinger? Yes. Mr. Farmer? Yes, ma'am. Mr. Ford? I recuse on number 31, and I recuse on number 35. Yes on all the rest. Okay. Mr. Ford, I'll denote that. The Q's on 31 and 35. And Ms. Gorton. Aye. Thank you. Thank you. The vote reflects passage on the motion. Next on our agenda is communications from the mayor. Is there a motion? Move approval. Second. Motion by Vice Mayor Gordon, second by Council Member Farmer. Is there any discussion on the motion? All right. Hearing none, then we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Next on our agenda is announcements. We do have a police disciplinary hearing before I open the floor to the council. Assistant Chief Holman is here for the police disciplinary action. Chief, thank you. Thank you, Mayor, Vice Mayor, members of Council. We bring a disciplinary matter before you to seek your approval. An allegation has been made against Detective Edward Durson for committing an offense of violating any rules of the Division, specifically General Order 73-2-H and 73-3-M, on April 30, 2012. Detective Durson accepted Chief Bastin's recommended punishment of a written reprimand and a 60-day suspension of home fleet privileges. This punishment has been approved by Commissioner Mason. We seek your approval of this recommendation. Motion by Council Member McCord, second by Council Member Farmer. If there are any comments, Council Member Vice Mayor Gorton. Thank you, Mayor. Assistant Chief Holman, would you mind telling us what the general orders are? It's what the violation is. It's basically a failure to secure his division weapon in a proper place in the vehicle and not filling out the proper documentation for taking his car home pursuant to a collective bargaining agreement. Thank you. Thank you, Vice Mayor. Any other comments or questions on the motion? Hearing none, then we can take a vote. All in favor of the motion, please indicate by saying aye. Aye. Opposed, no. Motion carries. Thank you, Chief. Come up to the podium. And Mr. Bob Orbach is shaking his head yes. So, Mr. Bob, please come forward. Council Member, Bob, while you're coming forward, we're going to take a question from Council Member Lawless or a comment. This is just a very quick announcement. A very quick announcement or request. You all received information about the Open Spaces, Sacred, Open Places, Sacred. Oh, yes. You know, Open Spaces, Sacred Places. It is 100% paid for. It is an incredible program, a great addition to our community. It would be wonderful. I know Mayor Gray has sent a letter. we've gotten several letters from community leaders and neighborhood people, and if the council members would take time to look at that and write a letter of support, the grant is due May 29th, and as anybody who's written grants knows, you need to get this stuff in as quickly as possible. So just another reminder on that. And for some reason, my LFUCG won't let me send e-mail, So that's a blessing to you all, I'm sure. Hopefully it will be fixed tomorrow. Thank you. Vice Mayor Gordon has a comment. I had a question about that, Council Member Lawless. I saw the packet that you sent us, and it looked really good, and I wondered if you know how that project would interface with the Newtown Pike extension through Scott Street. Well, that's a really interesting issue because it will be coming in in that direction, which is a new entrance to UK. So it will be there in view of that. So it will be in addition to that. So it wouldn't conflict with it? No, no, no, no. It would be an addition and a really nice addition. Okay, thank you. And so, thank you. And any other questions anybody has, please call me. Thank you, Councilman Lawless. Mr. Orbach, would you please, you know the procedure. Yes, sir. We all know you, but you've still got to give your name to us and tell us where you live, Bob. Okay. Thank you, sir. You said the name. You're correct. Bob Orbach, 653 Morgan Hills Drive, Lexington. Proceed. Mayor Gray and members of the Urban County Council, I come before you tonight simply to say thank you for your generous allocation of funding for the Lexington Human Rights Commission. to which I was recently appointed by the mayor. As one who serves on the Commission's Budget Committee, I joined with our Budget Committee Chairman, our Executive Director, our Commission Chairman, and several Commissioners in meeting last month with your Council link. Council members Ed Lane, who isn't with us tonight Doug Martin, who has left and Kevin Stinnett, who is still here here he is well, they impressed me with their sincerity and the fairness with which they deliberated by your action you've made it possible in the next fiscal year for the Lexington Human Rights Commission to meet its statutory obligations and to fulfill its mission on behalf of our citizens. Our Executive Director Ray Sexton, our Budget Committee Chairman Michael Ades, who has left, our Commission Secretary, Kenneth Golfin, who are with me tonight, share in my gratitude for your efforts. The municipal budget process, as you are very much aware, is a long and difficult one. I know I've had the experience in dealing with that when I served on my local council in Patterson, New Jersey, for several years. I know how tortuous a process it can sometimes be. But you came through it with flying colors, as you always do. But most of all, I'm here tonight to say that we appreciate that you were willing to recognize the critical needs and fiscal requirements of the Lexington-Fayette Urban County Human Rights Commission in your adoption of the final product. Thanks again, and God bless. thank you right on the dot thank you sir thank you so much next i have what i'll do is i'll just call out folks if you're still here if you're not here then we'll move on next on the i have signed up is brandon is brandon don are you going to give your time I have Brandon Dunn's time, Patricia Muhammad, M. Triline, we have Hollow Creek, we have, and also James Lawson who signed up as well. And Ms. Tanya Lawson who signed up as well. Good evening, Mayor and Council. And I want to direct this at Councilmember George Myers discussing our conversation of two days ago with respect to the demonstration project and the issues that are happening in the Tates Creek area and the building on Milano Drive. Recently we've had several gang shootings and violence in the Tates Creek area. And I had mentioned to you and said I would come down to the council meeting about the demonstration project that we need and we need funding for the Office of Gang Intervention. And we have here Mr. James Lawson who is an original gangster. Right. We have the project, the program in which we have gang members, former gang members who want to be out in the streets helping young people. Council Member Myers, you know just the problem, the tremendous problem that is there in your area. We have the Entrepreneur Program. Mr. Lawson is our favorite son in the Entrepreneur Program. He works 40 hours a week. He's in the music industry. His music was being played all over the country. And then the DJs at 107.9, the beat in Lexington said, who is that guy, and realized that he was from Lexington. And so the music industry is our favorite and most popular industrial entrepreneurial programs. But we have others as well. We want to get people in culinary positions. And you mentioned at the building on Milano Drive that there are industrial kitchens there. We also asked you to, as a part of the demonstration project, to go to Los Angeles to look at the models that are there. Homeboy Industry, which is an award-winning model gang intervention project. So we're hoping that you will do that. Go to Los Angeles and look at the taxpayers will pay for it as well. And look at the gang intervention programs and models that are there, that we have based our methods on as well. So we want to have that Office of Gang Intervention funded as well as the other demonstration projects that we hope that you will bring. And when Council Member Myers brings that to the council, we would like the other council members to know the problem so that you will support Council Member Myers on what we are asking him to do. So please know that we need your support. Council Member Myers needs your support. there's probably in Woodhill. I just spoke with Council Member Crosby as she left. We have problems and Council Member Myers will be one of our supporters. And then lastly, we want you to support the Youth Promise Act, which is in Congress right now, sponsored by Congressman Bobby Scott of Virginia. And Councilman Myers, you can talk with him. And I don't know, you may want to go to Washington, D.C., too. But to see what the Youth Promise Act, Mr. Brandon Dunn is heading that for us. The Youth Promise Act looks at bringing together all the stakeholders in a community to help eliminate any youth violence, but also toward education and other things. And what happens is as crime rates and juvenile rates, as they are reduced, then there's an increase in the city's budget. And so what they ask then is for the city to not use that money for other things, but take that money that was used for juvenile problems and put it back into youth jobs training, education, scholarships, and other type of programs that I was talking about in the demonstration project, Council Member Myers. So we're here to, you know, as I said on Tuesday, I will come to the council meeting, let the other council members know what we've been talking about. We like to use the building and other city facilities as well on Milano Drive. And we like for you to call a meeting of people in the city. We have our council of elders, you know, Mr. Henry Kenyon, Mr. James Slee, and others who are on our council of elders, so that we can go out into the streets and talk with our young people and others. And we have, like I said, our former gang members. I said, Mr. Lawson spent four years in solitary confinement. But as I said, out of Egypt, I called my son. And they didn't realize that when he was in solitary confinement, he was like the Hebrew boys. in that fiery furnace. The son of God was in there with my son. And he came out of that. And as I say, he's our favorite entrepreneurial program leader and is willing to do and is out there on the street. He and Mr. Dunn and others. But they need you, Council Member Myers, to support us and be out there and call a meeting of all of these of our Council of Elders and others so that we can make that change. And lastly, let me just reiterate, when he does do that, council, please come. Support Council Member Myers in what we're trying to do. Thank you very much. Thank you, Ms. Muhammad. Okay. So, Brannon, you gave your time, right? Yep, yep. I'm going to say Corey's time. And Corey, okay. Corey's already gone. He escaped. Is Corey still here? No, he's gone. Okay. Janet Tucker? Janet? Janet? Yes, ma'am. Yeah, that's the best route. Right around the back there, or right up front there. You're already halfway there, though, now, Janet. Welcome. You know this drill, don't you? I think so. All righty. My name is Janet Tucker, and I live at 417 Johnson Avenue here in Lexington. and I just wanted to speak to this question of the increased fees at the county jail. I find this very, very disturbing. I don't know why, but it's not just the jail. We know all around every department is facing budget problems and in this economic crisis wherein things are difficult for everybody and trying to make ends meet. People have lost jobs. It's not a good situation. But I think the wrong way to solve this problem is to try to solve the problem of the people who have the least to offer, that are off the backs of people that are already down, that don't have the money. That's not going to solve the problem. And we're talking about the inmates and their families. And we're, you know, in solving our budget problems, as a country we're better than this. As a state we're better than this, and certainly as a city here in Lexington, we are better than this. We cannot ask more of these people that have nothing. I can speak as a mother who at one time had a child at the county jail, and I know the heartache that that causes and the distress that causes. and I also can speak that now I'm retired, I live on Social Security and I have a very, very tight budget and sometimes there's that $15 or $20 that's needed that I just don't have. Month by month it's very tight and this isn't any different than what people across our city are facing. And this isn't just, we have to solve our problems in a way that's fair and is adequate. and this way is not fair and I doubt that it's really adequate and if it's not fair and adequate then it just seems kind of punitive it's like you know already let's kick somebody while they're already down I think that we need to rise above that we don't we this is this is just not the way we need to solve our problems we need to look at real solid tax reform and that's a much bigger issue that I'm going to take up now, but we need to look, and it has been. Jim Wayne has offered a bill every year in the state legislature. We need to look at ways of raising funds that are adequate, but we cannot raise it off of people that are already down. The inmates don't have an income, and you're talking about family members who, you know, if anybody's a parent, you know, if you know your child really needs something, it hurts your heart, you know, and you're going to do what you can to help but those aren't the people with those people that is not how we need to solve our budget problems so I know this has been said this has been done in many places and other counties but I just think we should take the high road here we should do what's right and set an example of how to deal with this in our state Thank you. Thank you very much, Ms. Tucker. And next on my list is Delanda. Am I pronouncing this correctly? Delanda Miles is Delanda. Yes, ma'am. Do you wish to speak? If she wants to give you her time, that'll work. How's it going? Brennan doing, 2709, Red Clover Lane, Lexington, Kentucky, 40511. The main thing that I want to do is be a concerned citizen, try to find ways of offsetting costs for the Fayette County Detention Center. And when I was actually looking into it, I looked into House Bill 463, which with House Bill 463, that's almost like the blueprint that the jail is actually trying to find ways to offset their income. So one of the best ways to offset income is stop locking up low-level offenders. Locking up low-level offenders, every time the police department is locking them up, have to spend man hours locking them up, it's costing taxpayers money. So if you could start making, I guess, okay, really saying crime pays. So if you have a low-level offender who is doing a crime that does need to be locked up, you give him a citation so where then the money is actually coming in instead of going out. So that's one of the main things I've seen is if council could actually look at House Bill 463 and take into account why Bashir spent $200,000 on actually doing research on how to save the state $422 million over a 10-year period. I mean, that's a lot of money to offset incarceration fees. So that's one of my main things. If you can actually stop locking people up for low-level offenses, charging for the low-level offenses, that money then could offset if the Fayette County Police Department and Community Corrections want to work together. I feel like that would be a great way to, of course, like I said, make crime pay, bring money into the city, and not make the taxpaying citizens actually be responsible for trying to come up with $200,000. I mean, everybody up here, you know, we're supposed to be servants. So when the taxpayers and the voters vote y'all in, they're looking at y'all to be leaders and think about the community first, money second. So if you're passing this law, it seems as though you're thinking about money first, the community second. Because, of course, if you have inmates that don't have any money, and then you're thinking about making $200,000 of offset costs, you're taxing the taxpayers. Which, you know, this is election time, so you could think of them as voters. And we had a lot of the people going down to the visitation talking to the voters about you actually raising costs or community corrections, raising costs. They weren't too happy about it. So sometimes when people come up with plans, they're always one-sided. You know, what can I do to help me, which it'll help your situation, but then on the other side, who is it going to affect? So in this situation, yes, it'll help community corrections, but on the other side, it's actually going to hurt the taxpaying citizens. So if y'all could actually look at House Bill 463, see a way to save the state $422 million. Y'all looking at $200,000 over a year. I mean, you're talking about breaking it down. You're looking at $4 million that the state is actually bringing in a year or saving a year. Thanks, Mr. Dunn. Thanks. Next is Shea Semanek. Maybe I'm pronouncing this incorrectly. Ms. Semanek? Hi. Help me with this. It's Semanek. Semanek. Thank you, sir. Thank you. First off, I would like to... Shea, if you would just give us your name and then your address. Thank you. My name is Shea Simonik, and I live at an apartment on 400 Aylesford Place, downtown Lexington. And first off, I would like to say thank you to the City Council for the opportunity to talk today. I regret that I don't have quite the impassioned speech to make as those that came before me, but I do want to address an issue that is important to me. I am very fortunate that I have the opportunity to live, work, and go to school all within two-block radius so that my means of transportation is my bicycle. I love my bike. It's one of my prized possessions. And it's my means of exercise. But what deters me from riding in downtown Lexington is that I don't feel that every area is safe. Currently in Lexington, there is a law that says It is Section 18-155 under Article 10 of the Transportation Law that says in the downtown business district, bicycles are not allowed on the sidewalk. Now, most of these streets, including Main Street and Vine, have bike lanes. Unfortunately, during hours of peak traffic, it is incredible. I still don't feel it's safe. as many motorists and as you council members tell you yourself people want to get where they're going as fast as possible now even if that means going into the bike lane or disregarding those that are around them what i propose is that during hours of peak traffic in the downtown business district that bicycles be allowed on the sidewalks I know that causes a problem for pedestrians and for the city to have to regulate traffic even further but I feel it would bring more cyclists into downtown Lexington and I do appreciate how many how much progress is being made in Lexington to give cyclists a safer place. There are bike lanes everywhere. There are signs. But I feel that this one detail would help cyclists in Lexington be able to get around more safely. And I appreciate the time that you gave me. Thank you very much. Thanks, Ms. Semonek. Semonek, right? Semonek. Third time's charm. I was just going to suggest Commissioner Paulson was here, but he may not be here. But he has become very involved in the bicycle task force that Vice Mayor Gorton is also very involved with. And if you could maybe get with him with some of your thoughts, because there is a collection of folks who are actively involved in this and would appreciate your input to this. So thank you very much for coming. Damon Muhammad? Is Damon here? All right. Charles Payne? Is Charles here? Charles is here. Okay, my name is Charles Payne. I live at 1528 Ballon Harbor Court in Lexington. First, I'm a taxpayer, so I work hard for a living. I pay my taxes just like everybody else does. So I make provision for those people that may be incarcerated in our local community as well as at the federal level. My father always used to say, I don't mind helping anybody that's willing to help themselves. And at the core of that was you've got to make provision for yourself first. Health care in this country, unfortunately, is not free. Somebody has to pay. I provide, aside from housing, clothing, and food, medical services are probably the most important aside from those. My medical expenditures for the year run into the thousands of dollars. I have to pay somewhere between $150 and $200 a month just to maintain health coverage on myself. In addition to that, I have to pay co-pays just like everybody else, $15, $20, depending on what it is. For major problems, then, I have to pay 20% of the cost up to a certain amount before 100% kicks in. So medical cost, annual expenditures to me is considerable. I don't think that it's unreasonable to ask somebody to assume a $15 copay as making that provision for themselves. So I don't have a problem with asking those that may be incarcerated that can. They're not going to be denied medical coverage anyway, whether they can afford to pay it or not. So based on those reasons, I don't have a problem with asking those to assume more responsibility for their lives and making provision for themselves. Thank you. Thank you, Mr. Payne. I'm having trouble reading this signature, but help me, Janice and Tara Lawson. Does that sound right? Anybody recognize? and may have already left. Oh, okay. All right. Okay, now I got it. Now I understand. Thank you all. And James Lawson. James, okay, gotcha. Now I'm getting it. I should have read to the next line. I'm sorry. Greg Capillo. My name is Greg Capillo. I live at 144 North Hanover Avenue. First, I'd like to thank you all for all of you all that voted to allow the sanitation workers to have a union election. I appreciate your forethought and concern about that. But I'm here today to talk about the idea that the increased co-pay and booking fee at the detention center. I'm a server, and I work too, and I pretty much live paycheck to paycheck. And when something unexpected happens to me, that completely wrecks my ability to live my life. Now, I personally don't necessarily think of myself as somebody that is going to get into a lot of trouble with the law, but I also recognize that there are certain things about myself and my identity that allow me to sometimes escape notice of law enforcement officers. I think it is offensive to me that a city that is so uniquely blessed as Lexington with entrepreneurs like Mr. Lawson, Mr. Dunn, and such beautiful natural resources and wealth that we would need to pass the costs of providing services onto the folks that are in the most precarious situation financially. A lot of times because of situations completely beyond their control. We're in a hard time economically. We all understand that. And I feel like too often this city lately in this economic downturn has passed the buck onto folks, onto its most vulnerable populations rather than stepping up and being the best city that we know we are. Thank you very much. Thanks, Greg. Thanks very much. I think this is down to Mr. McCarthy. Bernard. For the record, my name is Bernard McCarthy. I live at 515 Harry Street, and most of you know that by now. I want to point out that Miss Simonette here would rather be on a sidewalk, but when I'm on a bike, I'd rather be on the street. And I strongly resent those idiots out there who have tried to shoo me off the streets and onto the sidewalks. But I think a key thing for making our street system safer for bikes is, number one, we have all these drainage inlets where the street has been resurfaced, But there is this gapping hole in the pavement about anywhere from two to four inches deep right in front of the drainage inlet. We need some way to raise and reset drainage inlets when we resurface a street. For one thing, for another, we need more streets that go somewhere. I mean, we've got too many dead ends, not enough ways to get there, and that's why traffic is so horrible on certain roads is because we don't have alternate routes. I really think that 5th Street should be extended at both ends. 4th should be extended eastward. 6th should probably be extended in both directions. Midland should be extended. and all of these should get bike lanes. But above all else, on the streets that we already have, we need to start fixing some of these drainage inlets one way or another. And it may take somebody inventing something new to come up with a way to raise them and reset them, but they're a big hazard. Thank you, Mr. McCarthy. I do have an edition that I didn't see. Lydia, Lydia, listen. Lassane. Hi, so I was listening to Shay and Mr. McCarthy talking about the biking situation. Lydia, would you just give your name? That's okay. Lydia Lassane, 300 North Broadway. Lexington, Kentucky. I'm a Transylvania University student and I've been hit by a car twice this year as a pedestrian. One time as a biker on the Legacy Trail as I was crossing the one intersection. It was really bad luck. Both times I had not been at fault. The second time I was hit on North Broadway in that intersection between 3rd and 4th Street, if you all know it. It's a really dangerous area. So I guess my first concern would be for you all to please think about that area between 3rd and 4th Street. I've gone to the president of the university. I've been told that it is an issue that is left up to the people in the state. So I'm asking you all to please take that up because many students have been hit there. A girl in a wheelchair was hit there just like two years ago. So it is a major safety hazard that needs to be taken up. I was thinking about speed bumps, anything. They were talking about building a bridge over, but something needs to be done, maybe an extra stoplight, because there have been a lot of accidents there with students and pedestrians. And also, I have to say, I really do agree with all of the safety measures we were talking about with the bike lanes. If more bike lanes could be implemented, the sidewalk thing is a lovely idea as well. And also to really penalize people that hit pedestrians because once I've been in a hit-and-run situation and no one really came to my aid and I didn't know what to do. So I think that this city can go a really long way in making it a safer city for pedestrians and bikers. Thank you so much. Thank you, Lydia. Thank you very much. Can we have somebody else? Okay. My name is Michael I. I signed up. Oh, Michael, I'm sorry. I was reading Michael Ades, who has left. So I apologize. He was here earlier. I misinterpreted your handwriting. Yeah, if you'll just give us your name, Michael. Thank you. And address. Thank you, sir. Good evening, Council. My name is Michael I. I live at 128 Devonia Avenue in the beautiful north side of Lexington, Kentucky. First, I would just like to thank Ms. Mohamed for explaining the work that they do. It's really inspiring to see such beautiful things happening in our community here. I would also like to back up the statements and lend support to Mr. Capillo, Ms. Tucker, and Mr. Dunn. And I would like to mainly speak on the raising of fees on incarcerated citizens. As a KFTC member, I believe that this resolution contradicts our organizational commitment to protecting the inherent dignity of all people. And as a sociologist at the University of Kentucky, I should be getting my master's in about a week. I'm not speaking for the department, but for myself as a sociologist, I believe that one unintended outcome of these price increases will be to increase economic inequality within the incarcerated population, which will directly impact both the formal and informal economies within that population and will lead to an increase in violence within the jail community. Excuse me, I'm kind of nervous. violence within prisons in the United States is a major human rights concern as indicated by the California Supreme Court recently having to release thousands of prisoners because of the levels of violence in the prison system. Besides the impact on prisoners themselves this will impact the guards in the prison who will be strained by increased violence. I believe that all of this is very likely. As Mr. Capillo pointed out, the sociological literature indicates that poorer people and people of color, particularly young black men, get incarcerated at higher rates for longer times than anyone else for committing the same crimes. These people of low income do not have the income, and their families do not have the income to continually allow us to raise fees on basic needs. That's all I would like to say about that. I would also like to inform or remind the Council in relation to AFSCME's petition to the city that one of our most famed U.S. citizens, Mr. Martin Luther King, died in Memphis going there to support sanitation worker organizing. I know that the policies and the structures and all of this have to be followed and that this is very important, but to keep the larger issue in mind, And I think in the spirit of Dr. Martin Luther King, we should support ASME and the sanitation workers in organizing in the city. Thank you. Thank you, Michael. Thank you. Thank you. That's all that I have signed up tonight for public comment. We want to thank everyone who did come out and share your thoughts with us tonight. As council members and elected officials in your city and members of our city's administration, we always learn from these opportunities that you all come here. And we know that sometimes we've had to stand up there ourselves before we got accustomed to it, and it's not always too easy. So we understand that. So thank you all very much. This brings us to the conclusion of the open session of our Council. We now have a closed session which considers issues, often personnel issues and things like that, property acquisition that is always not necessarily appropriate early on in an open session. So I'm going to ask the Vice Mayor for a motion to go into closed session. Vice Mayor Gordon. I move that we go into closed session pursuant to KRS 61.8101C for the purpose of discussing proposed or pending litigation and pursuant to KRS 61.8101F for a discussion that may lead to the appointment, discipline, or dismissal of an employee. Second. It's a motion by Vice Mayor Gordon, seconded by Council Member Kaye, to enter closed session. Is there any discussion on the motion? Hearing none, we'll ask for a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. We will now enter closed session, so I'll ask if everyone who is not involved in the closed session please exit the room. Thank you. Tanya. Thank you. Thank you. I'm sorry.