Music Thank you. A little different spot just to open the meeting and to start with a little proclamation that's at the beginning of the meeting. So I'll call the meeting to order, And then we have a special proclamation today. Many of you all know that since the 1950s, Lexington has selected a local fifth grader to serve as junior fire chief as part of our fire prevention week to help spread the word and promote fire safety. Our junior fire chief for 2012 is Bella Nelson, and Bella is a fifth grader at Glendover. So in recognition of Bella's leadership during Fire Prevention Week, We are declaring today, October the 9th, as Junior Fire Chief Bella Nelson Day in Lexington. Here you go, Bella. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. What I'll do now is turn the microphone over to Battalion Chief Ed Davis for more about BELLA and Fire Prevention Week. And if BELLA's going to speak, we're going to expect that too, right? And BELLA knows Vice Mayor Gordon was just giving you instructions on how to move this podium up and down. So you got it, right? All right. Ed? Well, frankly, I wish nobody had shown anybody about the podium going up and down. So that's a running joke at the fire department about my height. So thank you, Vice Mayor. I appreciate that. We have been selecting a junior fire chief since the 1950s here in Lexington. And actually, Lexington's first junior fire chief went on to become a Lexington firefighter, served over 20 years, and retired. So there is a tradition that goes along with that. We have a fire prevention parade that's gone on since the 50s also. We had that last night. We had a large turnout, and we want to thank everybody for the effort in that. Over the last century, fire education and the National Fire Protection Association have managed to reduce fire deaths in this country by over 90% per thousand, which is a huge accomplishment. If you look around the room, the NFPA's influence is everywhere in here. The exit signs, the sprinklers, the carpeting, the construction materials, all that's been influenced by that. They realized early on that education was the only way to get through to people, and it starts with children. And so we do this poster contest every year for a junior fire chief. And Bella won with a winking fire hydrant with this year's theme of have two ways out. And so she's going to spend the next week going around being an ambassador for the fire department and for the city and helping to teach others her age and younger about fire safety and fire awareness. She's going to get to go to the Big Blue building, which you did today, right? She had to get to take a tour of Big Blue today. She'll be going to Keeneland and get a behind-the-scenes tour and see horses and meet jockeys. And she'll go to the airport and UK athletics. And then, of course, today. Now, she's going to say a few words. She tried to be all shy yesterday at the noon show. And trust me, I'm in danger as far as my job goes if she does this much longer because she's actually a very, very good speaker. Bella? I'm short. So basically the key to not having fires is to stop them before they start. So you should keep matches and lighters away from children and leave the stove off if you're not using it. And the second thing is have two ways out. So if there is a fire and one of them is blocked, then you will have another way to go out. You won't be trapped. Also, I want to thank the firemen and firewomen who risked their lives to save ours And they're actually just really nice and funny people How I've been hanging out with them for the last two days And they're just like everybody else And they're great people So I want to thank them Thanks, Bella. Thank you all. Thanks, Ed. Thanks, Bella. Thanks so much. All right, we can move on to our agenda for the work session now. First, public comment for issues on the agenda. This is not on the agenda, but Roy Durbin, a former council member, is here today. And so, Roy, instead of you having to wait until the end of the meeting, why don't you come on up? You know the rules here better than probably any of us. You know that there's two minutes, and I know you can pack a lot into two minutes. Three minutes is fine because I've been trying to get this. Three minutes. Three minutes. Sorry about that. And that's fine because this project is really not a project. It's a complaint. back during the primary, several people called the Irvin County government to get banners. I've got pictures of them. Let me show these around. We've called code enforcement. we've called planning. And it seems no one knows whose job this is. And planning might be able to explain it to you, or code enforcement might be. But now the Clay's Mill Road, south of New Circle Road, is beginning to look like an oriental market. There's one BP station out there has, I counted them today, as I came through, had 11 signs out there. Five of them were selling everything and there were six political signs out there. They're all on the easement. I know where an easement is. That's been 13 years down here. But somebody has to say who's responsible for this. I didn't know that it had ever been moved to planting. But just look as the picture's over, and I've had several people ask me to come down here. I'm not able to be down here, but I said, I'll make it. And see, put this burden on somebody's shoulder. I've called Jay McCord two or three times. I've never gotten a call back from him. I knew his daddy and his grandpa. His grandpa had been up for 30 years. But it didn't do a bit of good to call Jay McCord. In fact, they called him yesterday. I thought I'd have to be recognized to get up here and say something. But I found out I didn't have to, so I didn't bother calling him back, because I know he was really busy. All right, Roy. Thank you, sir. That's all I've got. Thank you, sir. You know, I know that this question always comes up in election season, of course. So you might want to comment on this if you can. Council Member Lawless, I see that you're there. Yes, ma'am. In previous years, the Sheriff's Office has responded to these calls. I don't know if they still are, but... I've never heard of that. The only question that I've seen come to the law department about, I haven't gotten the who's supposed to enforce question. I've gotten the question about free speech, and if they're in the easement, it can be enforced. If it's on private property and people are posting political signs, case law on that says that gets into free speech areas and you really can't enforce that. So I'm sorry, I don't know. I've not looked into the code versus, and Chris King may want to comment on that. I'll comment because I've had to learn, too, since all the private property signs came to us in January. Correct about the political signs. If they are in a public right-of-way, code enforcement can and will remove them. If they are on private property, I received a copy of a memorandum yesterday that was issued by the Law Department in 2004 regarding political signs, and just as Commissioner Graham indicated, we cannot enforce against those. The restrictions that we have still on the books in our ordinance have been found non-constitutional, and we've been advised not to enforce those. But it's a different story when it's in the public right-of-way. And I have seen an email from Director David Jarvis saying they can and will remove those. Mr. Durbin also showed signs that aren't political speech. The signs that advertising products and things of that nature, they can also have been removed from the public right-of-way by code enforcement. And we can investigate and enforce whether they are legal temporary signs or not. If there are illegal temporary signs, we in planning can proceed to try to enforce against those. I hope that clarifies the situation somewhat for Council. Thank you, Chris. Several Council members signed up for this. Council Member Myers. Thank you, Mayor. Maybe we can have that discussion at a staff meeting because I called about a sign that's illegal two weeks ago and talked to the Director of Code Enforcement. He told me he could not take it out. It was planning that was supposed to take it out. but the description you just gave would be on code enforcement. And two weeks later, the sign's still up. And it said that's the corner of Wilson Downey and Tate's Creek. So it's a political sign. It's in the right of way. He said something about if it's the little sign, like the little ones over there on the bottom left hand from our perspective, then code enforcement does them. If it's the big sign, like up in the top right-hand corner, he said planning does it. I don't know. I'll check with David. I don't know how we do that. We have no abatement funds. We have no trucks. We have no way to remove a big sign. And I'll be glad to talk to David and get that clarified. Thank you. Council Member Lane. Thank you, Mayor. I had a question for Commissioner Graham. Several people have contacted me regarding signs in their neighborhood and there's a deed restriction that won't allow signs for political science. Is that legally enforceable? Do you have an opinion on that or do you see anything on that? I've not specifically researched deed restrictions, but I think we would have a very hard time enforcing those because of recent case law on First Amendment issues and private property rights. I'd have to research that, so I don't want to give a full opinion, but I'm assuming... Would it take you very long just to get a quick peek and see if there was a case law on that? I'll be glad to. That would be very helpful. Thank you. All right. Mr. Martin, briefly. But that's going to be between the neighborhood and whoever wants to put it. The homeowner, though. The city wouldn't be. If it's a political sign in a neighborhood with covenants, the neighborhood association or whoever has the restriction is going to be the dispute with the homeowner, and it wouldn't be us, I wouldn't think. That's true. That's true. I'll be glad to look into it still if you'd like me to. All right. Council Member Crosby. Thank you, Mayor. I don't disagree that if these are in the right-of-way that they should be removed. And I think also that businesses and candidates should know that if they are removed and they notice that they have a big sign or other signs removed, they're not cheap. Business pay a lot of money for them, as do candidates, that you can pick them up. Code enforcement usually puts them behind our building and leaves them out there for about 24 hours, I believe, and you can go and retrieve your signs and get them up in a legal place. Thank you. All right. Thank you. All right. Thank you, Mr. Durbin, for joining us today. Yes, sir? Sure. Sure. There is a I guess a code that says your sign can only be so big. And the signs that you need to be removing it's no problem. I could go out there and remove them in three minutes. All you do is just disconnect them and roll them up and put them in your car. I mean this is no problem folks. All it takes is enforcement. Thank you for allowing me to go before we're now going back home and getting paid. All right. Boy, good to see you. I'm going to tell you, Mayor, you're doing a great job, even though I was against you. That's all right. I appreciate it, buddy. And you got about a 70% rating in Fayette County, one day at a time. We all know that. I know, but I want you to know you're doing a good job, even though I worked against you. Yeah, there you go. That's the best kind of support. Thanks, Lord. Thank you. We appreciate it. Honesty is the best policy, isn't it? All right, sir. The town is full of good characters. He's running for re-election. We don't want to slow things up. Thanks again, Roy. Okay, now we can run on to anybody else on the public comment for issues on the agenda, Mr. Mundy? Okay, thank you, sir. We got next on the docket, or on the work session agenda, rather, is docket approval. Is there a motion? All right. I'm going to come right back to that. All right, we've got a motion and a second. Is there any discussion on the docket? Motion. All right, hearing none, then we can take a vote. Isn't this on rezoning? It's to add to the docket. Oh, to add to the docket? All right, let's hold that then. Council Member Lawless. Thank you. Before you all, you have the ordinance. I'd like to make a motion to add Hollywood, the 400 block of Hollywood Drive, 24 hours a day, Monday through Sunday, along the east side of the block. And the ordinance is in front of you. Second. All right. Motion to add to the docket by Council Member Lawless, seconded by Vice Mayor Gordon. Is there any discussion on the motion? Vice Mayor Gordon. Thank you, Mayor. I just had a question about waiving the provisions related to the mechanics of designating this. Is that related to the petition by the neighborhood, or what is that? There was already a portion that was in an RPP, and they're just wrapping them into that one. So does that relate to the petition process and all that? No. I mean, the petition got the 65% required signatures. So do you know what provisions were waived, or does anyone in the chamber? I did last week. I've got about six of these going on right now. Okay. I don't think you've got an answer to that one, Vice Mayor. I can have the answer for you before it gets a second reading. That would be perfect. Maybe just email. Okay, thank you. I'm sorry, I've got several of these going on right now. Okay, Council Member Henson. Oh, no, no, wait, wait, wait, wait. Yours is a separate. It's not related to this. Anybody, is there any more discussion related to this motion? Council Member Lane. I have a question for Commissioner Graham on this. I'm sorry, I didn't mean to work so hard today. My question is, when a petition comes in from the neighborhood, should it be from the owners of the property or from the residents of the property? And is there a differential there? And what is our guidelines on that? I believe it usually comes in from residents. I believe that's the way it works. But I'll be glad to get you a final one. We've had a lot of these come in lately, So I'm kind of like Council Member Lawless. I'll be glad to pin that down for you. My concern here is somebody might be renting, and they could care less. They're going to be there for a year. But the owner might have another opinion on this. It seems to me the owner's right would override that of a tenant, and that's why I'm asking that question. So are you wanting to know if the people that signed the petition were owners or residents or a combination of both, I guess, maybe? Yes, ma'am. Okay. I'll find that out for you. Thank you. Commissioner, I understand it. Commissioner, before you leave, I think the question, though, is not who signed the petition. I could care less about that. What we need to know is who are we saying has to agree to it, the owners or the residents? Because if it's not, I think it's the owners. It should be the owners if it's not. But they're the ones that have to agree to this going into place. So I want to know who certified that it was the owners. Okay. And we might be able to find that out for a work session. I know Mike Sanders has been working on these. The ordinance reads resident or owner. Generally, the residents that are renters do not sign them. Well, that would be the only one because there are other ordinances for traffic calming read owners of the property, not residents. So we need to get that clarified. We'll see if we can get that for you before the work session. Councilman Farmer. If we're going to take a moment to research that answer, I think it would be nice to get an answer to the vice mayor's question that was posed earlier that did not receive an answer. All right. Any further discussion on the motion? Hearing none, then we can take a vote. All in favor, please say aye. Opposed, no. Motion carries. All right. We have another. All right. Council Member Lawless, then Council Member Henson. This is also a residential parking permit for Providence. It is the 700 block of Providence Road from 8 a.m. to 5 p.m. Monday through Friday, August 1st through May 15th. And I believe that the mechanics, and again, I've got about six of these going on right now, is that the studies have already been done and the other block next to it has it, et cetera. So I'd like to make a motion to put that on the docket. All right. Thank you, ma'am. And I will get the answers to everybody's questions and email them. Motion. And a second? I had a comment. Second by Council Member Kay. Council Member Lane. I would appreciate it, Commissioner Graham, for you to do the research on this to also advise us if a neighborhood wants to opt out of this program, what they have to do to get out of it, because there may be some consequences they didn't anticipate and may not like it. Thank you. Vice Mayor Gordon. Thank you. And this one also, Commissioner, says that it waives the provisions relating to the mechanics of designating this permit. So if you could please find out, along with the other research, what was actually waived, I would appreciate it. Thank you. There's no further discussion. We can take a vote on the motion. No. Council Member Lawless? As far as opting out or changing, I have had neighborhoods that have changed their provisions or none of them have decided they didn't want it but have changed them or lessened them. So that also goes through the same process. Thank you. All right. All right. Take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. All right, Council Member Henson. Thank you, Mayor. I move to place on the docket for Thursday, October 11th, a resolution authorizing and directing the Division of Traffic Engineering pursuant to the Code of Ordinance Section 1886 to install multiway stop controls at the intersection of Cross Keys and Traveler Road. So moved. Second. Motion. by Council Member Henson, second by Council Member Lawless. Is there any discussion on the motion? Just a question. Council Member Farmer. Did Traffic Engineering review this and say it was a great idea? Yes, sir. I'll forward the analysis to the full council. Thank you. Thank you, Mayor. Any other discussion? All right, then we can take a vote on the motion. All in favor, please say aye. Aye. Opposed, no. Motion carries. All right. Now we can return to the motion to approve the docket. 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. Is there a motion to approve the summary of the work session? Second. Motion by Councilmember Beard. Second by Councilmember Stennett. Is there any discussion on the motion? Hearing none, we can take a vote. All in favor, please say aye. Opposed, no. Motion carries. Is there a motion on budget amendments? Move approval. Motion by Vice Mayor Gorton. Second by Councilmember Kay. Is there any discussion on the motion? Council Member Fadler? Thank you, Mayor. Mine was just going to be on the very last journal entry to adjust budgets in the Sanitary Sewer Construction Fund. I'm just interested in, and this is a $16 million kind of transaction. I'm just interested in the background on it. That's all. I see Ryan moving back behind me as well. Essentially, this is a cleanup of PeopleSoft. PeopleSoft. Budgets were reflected in PeopleSoft of money that was not real because basically finance had been adjusting based on cash flow as far as expenditures. So they've gone through an exercise of cleaning up all of these old funds that are showing up in PeopleSoft that are not real budgets. An example of how that happens is that on the North Elkhorn diversion line, we got a grant for that. So that reduced the budgetary need for it. Of course, as we've paid for that, it cash flowed through finance, but it had a million and a half dollars that was left over in the budget. But that had already been rolled forward as far as in the revenue and cash flow projections. So does this let you use funds that are still there? It is not real money. That's just it. It shows up in the budget as far as on PeopleSoft, but it is not real money because it does not match the cash flow model. I don't see Ryan elbowing me yet. Oh, he's right there. Okay. Let's see. Another example of this is when PeopleSoft went live, they rolled forward a lot of old budgets that were in the mainframe, some that went back as far as the 90s before I even got here. And why they rolled those forward, I don't know. Those projects were done and they were closed out. Essentially, there's a cash flow model that finance uses in order to be able to run our day-to-day or year-to-year business, and it has gotten out of sync with PeopleSoft, and this is cleaning that up. All at one time? All of them? Yes. Or close? Ryan, anything? If I may just add, you know, this is a normal process. Capital budgets live in perpetuity, and in the Water Quality Fund, for instance, We fund some things with cash and some things with bonds. I'm an engineer, and I understand projects get delayed, grants get received. Those kind of things happen. So this is essentially a cleanup. We've spent a ton of time doing this. We've already done some of this in the general fund. So, yes, we've tried to collect it all together, put it before you. At one time, it's a whole conglomeration of issues, but it's essentially just a budgetary cleanup. And it's a normal process. I guess it just seems bigger because there's just so much of it at the one time. Yes, it's actually removing money. So if anything, it economically looks on paper to be positive. But as was said, it's predominantly money that bonds weren't issues or grants were received. So it's moving those capital projects that shouldn't be in there. All right. Thank you very much. Thank you, gentlemen. Thank you, Mayor. Council Member Stenet. Thank you, Mayor. Charlie, don't go away. Ryan, what is the fund balance in this fund? now the sanitary sewer construction fund what balance are we carrying um we're working on the audit right now so uh i know what we know we know the revenues i'm just trying to figure out what's in that fund because we've had this asked several times during our capacity assurance task force meetings and when will we have that number of what our fund balance is in sanitary sewers i believe james given that target date out there and i don't recall off the top of my head you You mean the CAFR? Yes, for the fund balance numbers. We don't know what's in our own fund balance. I'm in budget. I deal with fake money. Good answer. I would defer to accounting for the real money assessments. Well, Matt, I think this is an important question. That's why I asked him. Here we are being asked to clean it up, a tune of $16 million. But I think, Commissioner, we really need to know what our fund balance is. What cash is actually sitting there, whether it's been encumbered to different projects or what, what's in that fund balance? The commissioner is coming to the podium. Jane, you might want to punch that button to elevate the platform. It's getting a lot of use today. It's pretty cool. Yeah. We are continuing to work on our CAFR to get those ending fund balances, but we'll get that to you sooner than the November 27th date. I would like to go back. We're looking at the pro formas of the funds as well, so if I can hedge on giving you an exact date, but we'll get you that amount as soon as possible. Okay. Thank you. And then also, Mayor, on item, let's see, on Journal 63408, this is what we asked about last Tuesday, and this is the match from the Corridor Fund. I never did get an answer from the administration on this, but I did get an answer from the chair of corridors. Well, we understood that you did get that from Mr. Blues. No, I just got it three hours ago. I'm glad I got it because this actually was voted on. I don't know. Customer Martin, are you on the corridors still? You all actually did vote on this. Is that correct, using this money for this project from our corridor budget? Right. I'm just making sure that that was reported. I'm just seeing if we voted on this, and it's in the minutes. I'm not challenging your veracity, of course, Dr. Bluse. He was in the meeting last Tuesday. Customer Bluse wasn't here. He said he didn't know if he was in it. So I just want to make sure everyone understands this was voted on at the corridors meeting. Is that correct, Customer Bluse? It was. Okay. And we'll take $30,000 out of that budget, and we'll use the rest for maintenance downtown, as was budgeted in this year's budget. Thank you, Mayor. Thank you, Council Member Stennett. All right. Any further discussion on the motion? Okay. Then we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. All right. We can move on to new business. Is there a motion to approve new business? Council Member Ellinger, motion. Council Member Myers, seconds. Is there any discussion on the motion? Is there any discussion on the motion? All right. Then we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Next on our agenda is presentations and continuing business. I need a motion on the NDFs. Is there a motion on the NDFs? Motion by Council Member Henson. Is there a second? Second. Second. Second. Second by Council Member Ellinger. Is there any discussion on the motion? All right. Hearing none, we can take a vote. All in favor, please say aye. Opposed, no. Motion carries. Next on our agenda, Charlie's all ready to go as a presentation regarding land use and watershed impacts on stormwater runoff. Thank you, Mayor. Yes, sir. This is an annual presentation I give. Some of you may have remembered this from last year. We are required by our state permit to provide a training opportunity, essentially, for elected officials on land use and watershed impacts of stormwater runoff. So I will jump into this as quickly as I can. The topics for today are stormwater's impact on streams, green infrastructure and low-impact development, the MS4 which is municipal separate storm sewer system permit which is a state issued permit through the federal government and the consent decree requirements for green infrastructure and then the stormwater quality project incentive grant program this is something I've added from last year hopefully that you'll find engaging because this involves through the neighborhoods and various folks that you represent as well and we've actually had some really really neat and cool projects that have come out of this okay On the water quality end of things, this is obviously a map of Fayette County, and this represents the relative health of our streams in different parts of Fayette County. Red is not good. Red indicates various degrees of impairment, and this is from 2010 data. This is very similar to maps you've seen in the past, and I guess basically it's the main reason why me and my team are here, is that our goal is to turn those from red to yellow to green, and that's how we measure whether or not we're performing or not. But we've obviously got a lot of work. Our map doesn't look a lot different than other urban areas. A lot of that is indicative of the urban presence of humans and their behavior. So it's nothing to get alarmed about so much as that if we don't make progress year after year in improving this situation, then we need to change our approaches. Some of the pollutants that we are looking for and working on diligently, trash, we're all familiar with that. I know there's a really great project going on right now off of Richmond Road around the Shriners area that the Keep America Beautiful folks have helped finance. I saw Streets and Roads working on it this morning when I went by there. Sediment, we've worked on as far as controlling erosion and sediment control coming off of construction sites. Vice Mayor, I'll point your attention to the sign there about the dogs. I know most people, you are a dog lover, and I had several people that laughed about that. That's not here, unfortunately, but I thought it was kind of a clever one. We might have to figure out a way to incorporate that in some of our dog parks. Some of the evolving solutions for stream impairments. We've been doing flood control for a long time, the detention and retention basin. It's been part of our repertoire for quite some time. But we continue to expand or improve on those repertoires as well, basically about prevention, inspection of industrial facilities to make sure that they're using good housekeeping, spill prevention, street sweeping, which we have been doing for a long time. It goes even beyond that as far as some of the best management practices or BMPs that you've seen emerge in the market over the last five to ten years, some of the catch basin filters or oil water separators, or even better still, the retrofits like we have in front of the government center in different parts of downtown with the rain gardens and those type of things. Those things are traditionally what we find now are representative of low-impact development. So what is low-impact development? We've seen this in different places. This very first photo here, this is actually along Nicholasville Road close to Central Baptist, where they took essentially an old asphalt right-of-way that had been abandoned and using grant money were able to replace it with pervious pavers. So now rather than that water sheet flowing off of a little-used street, it actually infiltrates into the ground. That center photo is actually Rain Garden Way over off of Georgetown Street. So there's two good examples of projects that we're doing here in Fayette County that are helping improve our water quality by mimicking stormwater runoff in the pre-development rather than the post-development. Those are examples of low-impact development, and we'll have some more here in a second. The consent decree required us to put a greater emphasis on low-impact development here in Fayette County. So one of the first things that we had to do out of the gate was include text revisions to the subdivision regulations to remove what were perceived to be barriers to green infrastructure. We did that. Most recently this year, Susan Pluger and her team spent a lot of time with stakeholders developing these low-impact development guidelines, and they are now published on our website. The home builders, commerce selection, different folks were involved in that. There was a lot of back and forth that we made sure that we had guidelines, not requirements, The guidelines that people could work with but still try to reach the goal that we want to, which is reduced amount of stormwater runoff. And then lastly, the consent decree required us to spend $230,000 on green infrastructure projects as part of our supplemental environmental project requirements. That was one of those requirements that allowed us to reduce our civil penalty by instead spending money within Fayette County on environmentally beneficial projects. We had to do that within five years. We're two years into the consent decree, and we already have it done. So the green infrastructure, like I said, is that we had to spend it by 2016, and we've already got it behind us. We sent a request to EPA, and they complimented us on an innovative way to be able to do the projects because essentially we rolled the stormwater quality management incentive grant program into this SEP so we were able to basically use money that we had already allocated for green infrastructure to meet this requirement. And so it was really, really a good opportunity for us, I'm going to talk a little bit about some of those in detail here in just a minute. But I want to talk a little bit about this Stormwater Quality Project's incentive grant program. It's a mouthful. I always have to struggle through it. This was a component of the water quality management fee that requires 10% of the fee to be returned to the ratepayers via a grants program. It's administered through the Division of Water Quality and there's a Water Quality Fee Board that is appointed by the mayor that selects the grants. So all we do is administer it, but we make a recommendation, but the board actually makes the selections on who gets a grant. There's two different classifications. One that's Class A that's geared more towards neighborhoods, and then there's Class B that are education type of things, but also infrastructure such as that low-impact development that we talked about. There's a cost share that's required for these type of grants, but a lot of times they're in-kind type of work, people in the neighborhood or engineering companies that are helping and providing in-kind as part of their cost share. Here's the map that shows spatially where these different grant projects are going on, and you can see they're pretty well evenly distributed throughout Fayette County. It's been a really, really positive outcome of the fee implementation. I was hoping it was going to be a good thing, but I never had any idea how many people would want to join in. So here's some photos of some examples. This is in the Gardens of Heartland area, the homeowners association. Essentially this was an eroded ditch, basically. They submitted a grant request, got approved by the board, and they've turned this into a rain garden now. And so now it becomes an amenity of the neighborhood and also helps reduce stormwater pollution by eliminating an ongoing erosion problem that was going on there. Same thing out here in the Colony 4 community out off of Versailles Road. You can see what the before situation was. Water shoot out of there. It erode through there. Water wood pond. probably a lot of mosquitoes in the summertime, and they used this grant program to regrade this and create essentially what we call a bioswale that allows the water to move forward but also infiltrate into the ground rather than just eroding it up and stirring up a bunch of dirt. You see the list of all the different neighborhoods that we've had involved with some of the outreach stuff, anywhere from marking storm drains, which the young man's doing there in the photo on the left, to fountains on some of the retention basins. That one's down in the Woodfield area off of Tate's Creek Road. And rain barrels. Rain barrels have been a really, really popular thing within the different neighborhood associations. We're really thankful for their participation because, like I said, they're part of the people who are paying the fees to start with. And so them being able to get a return on some of their investment and help educate not only their neighbors, but some of the young people in their neighborhoods, it's kind of like with the junior fire chief. They said that that's part of the idea is educating young people about things they can do. The same thing works in our program. And so you see we have education grants. We have a really strong partnership with the universities, University of Kentucky and Transylvania as well. Fayette County Public Schools, essentially they're a grant recipient just about every round. They hit this thing really hard and make good use of the dollars not only they're investing, but others are as well. We've had also a good relationship with the local television stations as well. I'm sure many of you have seen some of the commercials that run that are relative to water quality. That's stuff that they're doing. They're using grant money to be able to run those programs. Some of the actual hard projects, the bricks and mortar ones, which are the ones I kind of like the best. This is one of my favorite ones. This is at the Ronald McDonald House down around the university. Essentially what they did is they took their entire footprint and reworked it to where they have permeable asphalt, permeable concrete. They disconnected their downspouts from the storm sewer system. They put in rain gardens and also a swale essentially to try to capture as much of the water that comes off of their roof on site as opposed to allowing it to run off. And because of the number of people that visit that facility, it's a good outreach thing with us along with just simply reducing the amount of storm water that comes off of it. Earlier I mentioned that we had certain projects that we applied towards the SEP, the Green Infrastructure SEP. So here's two projects that were funded by the Water Quality Management Fee grant, but we were able to double count them in a way to apply them towards our. One of them is Coca-Cola, and the other one is the Ross-Torant Architects. I won't read that disclaimer on there, but I'll just mention I have to do that in any public presentation regarding a SEP, because the US EPA wants to be sure that the reason why we did these projects was because of the enforcement action. So I won't read that, but for those at home, and they know that's why that's there, that is required language. Let's talk about Coca-Cola. Coca-Cola, one of the things that they did is essentially they used their grant money to buy and install a 10,000-gallon rain harvesting tank. And it's like, well, what did they use it for? Not to make Coke. I can assure you is not to make coke. Instead, what they do is they have a battery refilling station that they refill batteries a lot. They have a truck wash, and then they have toilets inside, essentially where they're reusing water. They're reducing the amount of runoff that comes off, and also they're saving on their water bill as well. They're not paying for domestic water. They're reusing it and helping their bottom line. They built a really huge rain garden out in front of their facility on Lee's Town Road. If you haven't been out to see it, you really should. Coke has been a great partner with us in some of our water quality work, and this is just an example of it as far as where they were able to use grant money that was derived from the water quality management fee to do some really great things here in Fayette County. Second example, maybe on a smaller scale, this is Ross-Torant Architects down on old Lafayette. Their original parking lot, your basic old asphalt parking lot, looks like everybody else's. Obviously a lot of water that runs off of there. As I look at Councilmember Lawless, I'm sure they have a probably deficient storm sewer in that area because it's such an old neighborhood. Well, what did they do? They took grant money and were able to replace this entire parking lot with pervious concrete parking. Instead of it running off, it soaks into the ground, doesn't cause the problems it did in the past. A really great project for them, really great project for us. All in all, on the stormwater quality management incentive grant projects, we've got 109 applications received in the two years that we've been running it. Over 50 grants, $2.7 million nearly as far as money that was invested by those applicants through their fees returned to them as a long-term investment to the community. I think that's a great thing. I think these next four bullets are also a great thing is that EPA has come here and they have basically said, you guys are doing a great job. That other bullet, other communities are looking to Lexington as far as copying their program. and we should all be patting ourselves on the back for that, is that when we're considered to be a benchmark community and doing something, I personally am very, very proud of that. And then the high community participation and positive feedback. In the number of applications we received, that's indicative. This is my last slide. This is this year's submittal. This is Susan Pluger's office. She's kind of the ringleader of this. Right there is the middle of her door. So you can see the little door latch there. So roughly about waist high in applications for this year. And we're in the process of going through that, preparing the recommendations for the Water Quality Management Board. So in the end, like I said, we're doing great things in the area of water quality management, and particularly in low-impact development, BMPs. And we've come a long way since the beginning of the consent decree, and I think we can only get better. So with that, Mayor, I will open up to what you'd like for questions. Thank you, Charlie. Thanks very much. So any questions or any comments from Council members? Council Vice Mayor Gordon? Thank you, Mayor. Charlie, thank you very much. I think that the first big thanks and congratulations needs to go to you and your staff because you will remember when our incentive committee was meeting over there at your shop, it was a big unknown about whether the participation in this would be good. And it looks like it's excellent. And I'm thrilled because these are matching grants, and these neighborhoods are putting sweat equity, they're putting money, They're putting other match into these to do the programs in the neighborhoods, which I think one by one by one, all those little projects add up to a lot of impact. And then the businesses that have taken advantage of this, I think it is working beautifully. And it did occur to me that those folks who sat at the table for however many, how long did that take us? Eight months. It was a few months. They probably don't know this result. And if we can, I'm thinking of the Patrick Brewers, the Sandy Levy's, those type of folks who sat on that work group, we maybe need to let them know how this is working out. We did, the first year we invited them back for when the big first golf check was handed out. And so they did get to actually enjoy that photo op and the coverage that was associated with that. And thank you for reminding me that. You're right. I mean, I stand here and talk about things a lot of times, but I'm not the one who's doing it. Susan Pluger, Chris Dent, Ben Krebs, Mark Fisher, the stormwater team has done an exceptional job in managing this. It's not me. Well, thank you for your hard work. And then I just thank council members, and Mayor Gray, you were on the council when we approved all of this. And it's all coming to fruition, I think, in a big way, and I'm very happy to know that it's become a model program and that it's having impact in our community. So I appreciate also the work of council members who were here to take the risk and approve this type of a project and a program. So thank you, Charlie. Council Member Stenet. Thank you, Mayor Charlie. Yeah, I want to echo the same sentiments. Thank you because there are several of us on council sat around the table for several months trying to come up with this very program along with the rest of the stormwater management fee. And I want to thank you for really getting this moving and going because you'll leave a good legacy, you and your staff, for anyone coming in to follow. My question is there's 10% that we put in there for these type of projects. That's about a million dollars a year, 1.1? Between a million and 1.2, obviously it depends on revenue. But I think we've been running at about 1.2. And how are you all breaking that down in terms of the three different categories, educations, actual design, construction type projects? The work group that Vice Mayor Gordon mentioned put together a very prescriptive way of which that so much percentage of it can go to neighborhood education programs, so much percentage of it can go to commercial properties, et cetera, et cetera. I don't have it off the top of my head, but basically we have to follow that playbook because that playbook was then handed to the fees board, which, like I said, are independent appointees of the mayor and not part of our division. And I can get you those breakdowns specifically, but there is a prescribed way that they're broke down, and that is advertised in the scoring sheets that we advertise each year. I just want the public to understand that never once will this 100% go towards education, for instance. there will always actually be money going into the ground or in the areas, rain gardens, to improve water quality. Yeah, thank you for that. Because, yeah, we had stakeholders to come in and help us decide that because you're right, that was a difficult decision about how to do it. So we asked the end users. You know, we had someone from the Neighborhood Association, and we also had somebody from Lexmark, and we've got somebody from Fayette County Schools. We had all the players, UK, as far as they're the people that were paying it. How do you want to see this thing get broke out as far as being returned via grants? And then that stack of applications, how many does that represent in Susan's office? I don't know. She had me look. It was two tabloid-sized sheets that she had me looking through the preliminary scoring because the recommendation has to be essentially signed by me, and then the board reviews it. But I would probably say two dozen at least. Very good. The community is taking advantage of it. That's great. Thank you, Charlie. Thank you. Councilor State. Councilor Lane. Thank you, Mayor. Well, Charlie, I just wanted to congratulate you on a really nice presentation today. I'm really impressed with this report. And I was going to say something later in the council report, but I just wanted to comment on this while you're here, is that you made a presentation last night to the Old Richmond Road Neighborhood Association. And I thought you did an exceptionally good job. They asked some pretty tough questions. I thought you handled yourself very well. and I would encourage anybody to invite you to come to a neighborhood association meeting because the presentation was very well done and I just wanted to thank you for a job well done. Thank you. Thank you. Council Member Martin. Thank you, Mayor. Charlie, thank you very much. It's just stunning how much work you guys are doing in your department. It's a large amount of stuff going on. I voted for this and I still support it and I'm glad we're doing it. But my question is, are we quantifying the impact? Because the vice mayor talked about impact. Do we have any numbers based on the impact? I think these are – what I want to make sure is that we're not doing projects just because they're stylish and feel good, that we have a quantifiable – we know that it's going to make a difference because what we don't want to do is spend all these millions of dollars and still have the same problem and not have any noticeable increase in or decrease in the problem, I guess. That is an excellent question because I have asked that same question many times because it has become stylish. EPA has grabbed on to this low-impact development, do this, do that, and my experience with EPA in my 30 years is they grasp on to stuff because it's stylish and not because they necessarily have it. Like the parking lot, though. Like the parking lot. Right. What we're asking people to do is do part of their grant requirement is that they do post-monitoring. And then we will also use our staff as well because you're right. You've got to see whether or not it's working. For example, that parking lot, you know, it's a filter. If you don't maintain it properly, it will turn right back into asphalt as it is already. And so that's part of that post-monitoring is if we're going to give you money to do that sort of thing, you have to maintain it. And part of making sure that it gets maintained is that it gets tested to see its performance. And are we saving 500 gallons of 100,000 gallons? Or are we saving half 100,000 gallons? Or whatever. I mean, what percentage improvement are we going to see at projects? And I just want to make sure that that type of analysis is being done so that we actually can quantify, and scientists do this all the time, what we're getting out of it, and so that we can justify that to the citizens who are paying the extra money and things like that. I understand. I understand. And like I said, it's a good question. I love those. I think they're great projects. It's still one of the things that's the quantifying, because flooding is a difficult thing to quantify. We've all talked about that before. Well, how bad is flooding? Well, it depends on how bad it's raining. But this is a huge benchmark at which to quantify whether or not we're doing that is based on water quality monitoring for pathogens, nutrients, all these different things. And as we reduce those in-stream concentrations, there's where you are going to decide whether or not you're getting bang for your buck. And I think also we can, I don't know, maybe catalog the areas that are flooding, that are flood-prone, and seeing how they flood in different rain events as we go. That may just be more work that you guys don't have the staff for, but I'm just trying to understand how do we measure the effectiveness of these things. When we get back to, we had to put our master planning on hiatus for this year for a variety of reasons. and hopefully with the council's will we'll be able to implement that in FY14. You'll see stream gauges go back into place in various locations, just what you're asking for. We'll end up building a model, and then we'll use that model to find out whether or not a similar storm event has reduced the runoff coefficient. But you're right. I mean, you've got to have data to support what you're doing. Yeah, I mean, like we have a rain garden in Southland Drive. And it's well-designed, but I have no idea whether it's effective because the Southland Drive parking lots are so massive over there. And so are we getting a 0.3% increase or a 10% decrease? You understand what I'm saying? Yeah, you used the most extreme example because you're right, is that that one is a challenge because it is so huge. It's about a 10 by 10 rain garden in about a 3 million square foot parking lot or something like that. It's an ink dot on that sheet of paper. Yeah, yeah, yeah. But we're talking about the same thing. So I'm glad to hear that you guys are thinking of those things. And we need to do more of those because I tell you, it's so expensive to tear down buildings because they're in the floodplain. And we talked about that earlier with the FEMA as well. So anecdotally, just to finish that up, I mean, like I said, I'm a big about because I've been dealing with EPA for many years. And I've seen a lot of cool things that come out, and they cost a lot of money, and you don't get anything out of them. So I'm very conscious of this to make sure that we are, in fact, spending our money wisely as opposed to just spending on something that's stylish. Thank you. Thank you, Mayor. Thank you. Councilman Blues, are you? Thank you, Mayor. I think that with reference to all of these projects, that what we're seeing is that water, sometimes in massive quantities, that would go otherwise into the storm sewer system or into the sanitary sewer system, is going back into the ground or is being utilized for, reused for, you know, for various purposes. The Coca-Cola plant water tank, for example, is not just a feel-good project. project, they have, the Coca-Cola folks and their engineers have done an immense amount of work working out the bugs in the system so that they can collect the water in the tank and then use that water to replenish the batteries in the vehicles they use in a huge warehouse over there because all of the inside transportation is electric. And the batteries are huge, they're about the size of that podium. And so that gray water is used to, in effect, to fuel the batteries. They've had various kinds of challenges with that tank, one of which is that the water that pools on the roof is attractive to geese, and the geese flock to it, and the geese produce grayer water than is desirable. So they had to figure out how to, if not to purify, at least to, what shall we say, to cleanse to an appreciable extent so that they can reuse it. So these projects, and the Koch project, provides a model for other civic-minded as well as profit-minded commercial enterprises. So that environmental project is also a money-saving project in the long run. So it's having a widespread effect. And any time, by the way, you want to wander out to the Coke plant and see those huge rain gardens. They're not 10 by 10 out there. and you'll see how that water is put back where it belongs instead of into our sewer systems. Thank you, Mayor. One note on that. We always focus on flooding in this room a lot because I know that's the majority of the calls that you get. But, you know, with the rain garden, whether at Coca-Cola or this one here, those plants are designed to take up some of the pollutants. So it's more than just about controlling the amount of water that's in there. So with the geese problem, you know, is that you're putting those nutrients into plants that grow as opposed to putting it into a pond where algae grows. I just wanted to make sure I mentioned that. Thanks, Charlie. I'll just add a comment or two just as a footnote. But I was talking this morning with Greg Heitzman over in Louisville, who said to tell you hello and congratulations on everything that's being done over here, by the way. Many of you all may remember Greg was, he actually is wearing two hats now, as head of Louisville Water Company and MSD in the last, I think, 10 months or so. and we were talking about where they are in their consent decree and where we are, and it was at his suggestion that he thought maybe we should benchmark and be able to look at what we've both learned in the process of where we are. One of the things that he mentioned, which is related to some of the conversation today and makes me think of the center picture there. I was, well, what Greg was talking about was how some of the initiatives, some of the projects that were done early on that you described, which had more of a cosmetic result, less substance perhaps, and he was saying that they're looking at that too, that some of the maintenance issues are really challenging then. And I just happened to be out off Georgetown Street not that long ago where it doesn't look like that today. And I think we've had some of the same similar we've seen just in the downtown with the rain gardens on Main Street. that as we plan operationally for any of these projects, actually looking long-term to how they're going to be sustained and maintained is one of the real challenges that we have. And I know that you've been talking about that and thinking about it. One of the early initiatives, if you remember before the WEG games, that there was a group that was trying to sponsor 1,000 rain gardens in Fayette County, and I was resistant to that because I said what you're going to have is 1,000 collectors of cigarette butts and Kroger bags if you don't figure out a way to be able to maintain them. You know, I'll have to check into the maintenance situation out here on Rain Garden Way. I know that what we have done is we've hired Henkel Denmark as a contractor for us to do maintenance on the downtown rain gardens and this one, also the Lyric as well. So we're learning. You're right. You're kind of learning on the fly. I think some of them are Henkel Denmark, as Sally would say one day she was out on the street. It's really quite funny, so you all stay with me. She was walking her dog with her friend, and her friend said, well, look at those weeds over there. and Sally said, those are not my weeds. Those are whose weeds were they? Somebody else's, right? They were George's weeds. Anyhow, yeah, operational issues, right? Right, okay. But you, I didn't want to truncate you because what you're saying is that anticipating these things, anticipating these issues in many respects where we are in these projects is early on. Generationally, we're still early on. So there's going to be, in the beta test time, you're going to have some improvements that are going to occur. I'm just thinking to myself, and don't leave any project you do, whether it be a bike path or a rain garden. If we don't have the thought of the long-term consequence of the maintenance involved in it, then we've got a really great ribbon cutting, and then we've got a lot of problems after that. Okay, thanks so much. Well, Peggy, did you want to, on this same subject? Yes. All right. Yes, ma'am. Go ahead. I'm just very thankful for where we were and where we are now. I think we have come a long way. We've got a way to go. And I would like to declare war on litter, the same as C.M. McCord declares war on healthy living. I want to declare war on litter. And one thing, Mayor, I was going to ask you that I feel is very important to our water quality is the inmate labor. And that was discontinued some couple, two or three months ago where they would actually pick up our roadways, the trash. You know, the ideal situation is for it not to be there to begin with. But since it is, the inmate labor is very, very important. And if we could somehow get that up and going again, I would appreciate it. Thank you. Thank you, Council Member Henson. Thank you, Charlie. Thanks so much. Yes. I was going to say, Commissioner, we'll take that up with the director. How's that, Peggy? All right. Next on our agenda is the collective bargaining agreement, police lieutenants and captains, presentation by Ed Gardner. Mr. Gardner. Thank you, Mayor. As I was sitting back there, I was thinking about water flows downhill and so do some other things, and now we're coming to collective bargaining. So at any rate, I am pleased to be here today on behalf of the administration. It's in your packet. It has been blue-sheeted, the acceptance of a contract between the urban county government and the FOP Lodge No. 4 on behalf of police officers, I mean police lieutenants and captains. Once again, it wasn't any fun to have to ask other employees to take sacrifices off their pay, but we were able to do it, and I think what we're presenting here today and asking you to accept is very fair agreement in view of how circumstances are now. It also reflects, as I said, sacrifices on the part of the union and a very good bargaining process. I want to thank the members of the Urban County Government bargaining team, Assistant Chiefs Ron Compton and Dwayne Holman, Ryan Barrow, Director of Budgeting, and also Ashley Case of HR. I'd like to thank my boss, Janet Graham, as well, and Commissioners Driscoll and Mason, because they obviously help as well. The specifics are detailed in your packet. I understand you also may have got a separate email. The major points of the contract, it is proposed to be a four-year contract beginning November 1. In most respects, it is very similar to the officers' and sergeants' contract that you all approved in June. This is a much smaller unit. Only about 25 to 26 employees are in this unit, so it's a much different financial impact. But the financial sacrifices are very much along the lines of what the other, not only police, but the other public safety units have been doing. Major economic provisions include no salary increases, no steps, no structure movement for the first two full years of the agreement. That, again, is similar or exactly like the police sergeant's contract, officers and sergeants. In the third year, it does provide for a $500 structure move so that steps would move up. And then in the fourth year, it would provide for a $1,000 increase. At the end of both those years, the third and fourth year, there would be a catch-up step at the end of the year to allow for the budget impact to not be as great. but it would allow for the catch-up of those officers or lieutenants and captains that still have steps remaining, which aren't necessarily all of them. However, one thing that this group wanted that we were willing to agree to is the additions of one extra step on the pay scale in year three, one in year three, and one in year four. This is currently a five-step pay scale. At the end of this contract, it would have seven steps in it. One thing that I want to point out, however, is we've added those steps, but they are not what historically would be called a full step. They are only 2% higher than the existing high step at the time they're added. But that should improve longevity in this group. Hopefully they will stay longer and not be as prone to go out and retire. The other savings areas are similar to the officers and sergeants. A reduction in vacation time, two hours a month for the first two years of the contract. No swing holidays for the first two years of the contract. Uniforms and equipment, there's a reduction of the benefit, and there's also the implementation of a quartermaster-style program, which is going to result in an overall cost savings. It's already been implemented in the firefighters and corrections contracts and in the earlier police contracts, so it's going to be implemented here as well. In vehicles, they are agreed to the same restrictions on the use of vehicles, as did the police officers and sergeants. Other changes, as I mentioned, are on pages 33 and 34. I don't intend to necessarily go through them all because you may not have any interest. If you do have questions, the chiefs are here, and they can answer any of the detailed questions. A couple of things I do want to highlight, however. On hours of work and comp time, we did agree to an increase of 10 hours in the amount of comp time that these employees could accumulate. It was 150 hours total. Now it's 160 hours. We bargained a long time about that, and we were able to agree to a 10-hour increase. Physical fitness, we added a level for the most fit of our employees so that they can get up to $750 as a fitness benefit as opposed to the top of $500, which we had before. That benefit is also on hiatus for the first two years of the contract, however. And I think I've already mentioned sufficiently the clothing and equipment allowance provisions. So the savings areas in the contract are, in the first year, there is a total reduction between the two contracts with the FOP in the numbers that can attend General Assembly and FOP meetings. This contract shares in that because those contracts work together to come up with a total number. No swing holiday saves money. Two hours less in vacation accruals saves money. The reduction in clothing allowance in the quartermaster will save money. The suspension of the fitness incentive and the restriction on the home fleet all will save money, as will for the first two years, no steps, no structure moves. There is the increased cost of the 10 hours of comp time, And there's one other area that I wanted to mention in the area of tuition benefit, and this was something that was important to the FOP. We have agreed to an increase there from $1,500 up to $5,000, but it is upon successful completion of the courses and after the fact, and it is intended to encourage this to become and maintain a well-educated group. In fact, one of the things that we did in this contract was to provide by contract that you have to have a bachelor's degree in order to be a lieutenant. In the third and fourth year, when the steps come back in, obviously the implementation of those will bump some parts of the budget back up, but we do get the full two years of benefit of no steps and no structure. and it's in keeping, as I said, with what we've done with the officers and sergeants, what we've done with the firefighters, lieutenants, and captains, and what we've done with the corrections officers and sergeants. So rather than belabor it, we would request that you approve it, and if we have any questions, I will certainly try to address them, or we have others here that probably can, Mayor. Thank you, Mr. Gardner. So some council members have signed on for comment. First, Council Member Martin. Thank you, Mayor. Mr. Garner, thank you. Appreciate your work on this. I have just a few questions. First, I appreciate the sacrifice that went into this. I know that they're basically agreeing to freeze wages for two years, and that's a big deal. And so I do recognize that. Obviously, we're in the most challenging financial circumstances. Is there any new police classes? I know there were in the other, but that's in the other contract. There's no agreement in here that relates to hiring. I mean, hiring more people. And the other question I have, I'm trying to add up the number of lobbyists that are in these contracts across the different contracts. There's four in this one. Do you recall how many are in the fire contract? You know, I do not. I made a point of counting how many there were in this contract, Councilman Martin, but I didn't think so. There are four in this contract, and are there any lobbyists in the other police contract? No, that's what I was saying. The total comes from both the contracts. The total in both of the four? Yes, comes from both the contracts. But fire, I can't tell you off the top of my head. I will say that in what I consider good news, and hopefully you do too, I did get news today that the fire majors have ratified a contract. So we'll be bringing that to you soon, and we certainly can answer that question at that time. Commissioner Mason, are you familiar with the number of lobbyists that the firefighters are able to? What we're talking about is that, is that a no, I guess? No. That's a no. What we're talking about is that under these contracts, basically folks can leave, get time off their post to go to Frankfurt to meet with the legislature. And this contract allows four members of the police department to essentially go spend their time in Frankfurt during the entire session of the legislature at will. Is that a fair statement? That's the way the contracts have been since the initial contract. Right. It's just we have successfully actually reduced the number from the beginning contracts, but you're absolutely right. Right. Okay. Thank you, Mayor. Thank you. Councilman Martin, Vice Mayor Gordon. Thank you, Mayor. Thank you very much, Ed. I really appreciate you, the team from the administration, and I also appreciate the police who worked hard to come to this agreement. As with all the others, I know that it has not been easy for our employees to give up benefits. I did want to ask about, on the last page, about the physical fitness and ask you if you could go into a little bit more detail about that. It seemed to me, and I might rely on Council Member Myers and Henson who were on our public safety link, if I recall the question of physical fitness and PT tests, the answer was that there aren't any. and if that's incorrect I certainly would appreciate knowing and then if you could tell me what the benefits are that were suspended and then what the benefit is that's added okay for the first two years in the physical fitness for the first two years of the contract there will be no physical fitness incentive No extra pay, no matter how fit you are. The current contract that's still in effect until November provided that at the option of the lieutenant and captain, they can take a physical fitness test. It's not a mandatory test. Okay. And if they do take it and they meet certain criteria, then they would qualify for a stipend. Okay. Starting at, if you were at the 30th percentile, it was $300. At the 70th percentile, it was $500. What we've added is at the 80th percentile, if you meet those standards, then you can get up to $750. All of that is suspended for the first two years, however. Okay. So there's no mandatory physical fitness test. No, ma'am. after two years on this contract, if someone voluntarily wants to take a PT test, then they can get, depending on their level of fitness, a benefit. And that's currently true in the previous contract. It's just we've added a higher level. And there's no across-the-board benefit for physical fitness? No, ma'am. Okay. Okay. Has this been, I guess I wonder what the percentage of people in the past is, police, who've chosen voluntarily to take a PT test? I do not know. I'm looking over my shoulder. Does anybody in the room know? The rough estimate is 25%. Have chosen to take a PT test. And is that PT test available to all levels and throughout the entire career? Yes. Of anyone on the Division of Police? I will, I guess, look forward to seeing how this plays out in the future. I do sort of have a concern. I mean, of all our divisions, I think one of the divisions, well, two of the divisions that must be physically fit are police and fire. and the less fit they are, certainly that would have an impact on performance and all of that. So do you have any way to measure the impact of this particular part of the bargaining agreement? I don't know how you really could measure it other than if 25% of the people are interested enough in their physical fitness to go take the test. and at least one out of four are probably in pretty decent shape. But beyond that, I don't know. We can look into that and get back to you as far as what kind of studies correlate incentive plans with actual fitness levels. Okay. I appreciate that. And have we ever had mandatory physical fitness tests for our police and fire? Yes. We did. do you know how long ago that was? I don't, but... Probably been at least seven, eight years ago. I believe it was a department ordinance at one time, and the city actually provided a fitness incentive and paid for some fitness facilities for police to do that, to engage in those type of activities. And if I am not mistaken, we actually terminated an employee because they failed to pass to meet the standard and had to rehire them because it was determined to be unconstitutional or something along that line. I don't know exactly what happened, but I know that that particular employee is still employed today by the division. Okay. And do you think that was prior to collective bargaining that we had the mandatory PTP? It was prior to that, yes. Okay. Thank you. I appreciate all the information. Councilor Delaney. Okay. This is sort of an accounting question. For the last couple of years, do you have the projected cost for this particular contract, say the last two years? And then did you do a forecast of what the cost would be for the four years of the new contract so that you could see what the total cost increase would be over that period of time? We did some preliminary cost estimates when we signed the larger bargaining units, the police and the fire. Keep in mind, this is, don't quote me on the exact number, but maybe 25 individuals. So it's really de minimis. We're talking a few percentage of just the police budget. So the analysis we did for this specific one, as Ed said, there were some concessions that were switched in and out. The aggregate should be fairly the same. It's within the budget of this year. So any financial projections we do outside of this budget year has mathematically a de minimis impact because, again, it's just a few percentage of the entire bargaining unit. When we did the long-term forecasts, again, preliminary long-term forecasts as a larger unit, But essentially those were incorporated in here because all these concessions were switched out, but it came within the same top-line number. Okay. Well, I've never seen the numbers that you crunched to see what the cost would be for the other contract. Would it be a chance? Actually, Mr. Lane, those were presented when the officers and sergeants contract was presented. there was a very similar chart like that with the year-by-year breakdown. As I recall, because I was just kind of looking at it for another reason, over the course of that contract it was like $4.4 million in savings after all was said and done. I can certainly shoot you that in an e-mail, but it was actually presented at the council work session. Okay, that's very good. And the only other question I had is the impact of this increase on the pension fund cost. Have you analyzed what that would be? I'm talking about future unfunded liability. That's a difficult one. Clearly, we factor that in our calculations, But really, that belongs in the hands of qualified actuaries. We have those larger studies done every two years, the smaller studies done on the off years, and it will be included in the audit. Okay. All right. Thank you. All right. Thank you, Council Members. Thank you. Thanks to everyone who participated in working through this agreement. Next we have on our agenda the Council Reports. So the floor is open to Council Members for Council Reports. Council Member McCord. Thank you, Mayor. Just very quickly, this Sunday is the second Sunday, the fifth annual second Sunday. It will be hosted on the Legacy Trail from 2 o'clock to 6 o'clock. The community is welcome. It's a free event. There's parking not only at the Health Department in the north side, YMCA, but also at Coldstream and towards the horse park at the trailhead off Berea Road. I would encourage all my council members to attend. Again, this is something that we do in concert with the rest of the state, and it sends a message to the rest of our country that Lexington and Kentucky are sick and tired of being sick and tired and are a solutions provider for this health issue that we have. Again, I would encourage everyone to come out as it is a signature event that was founded in Lexington and we are seen as the leader. But the goal behind it has always been to use and borrow infrastructure like a road or an airport runway until you owned your own. And because we own the Legacy Trail, we wanted to move it to that venue this year. And so that's where it will be. And I'd encourage you to come out. Thank you, Mayor. Thank you, Council Member Gordon. Vice Mayor Gordon. Thank you, Mayor. Two items. I wanted to just put a reminder out to Council Members that our workshop on human relations with Director John Maxwell is this Thursday, October 11th at 4 o'clock p.m. in the fifth floor conference room. And he will be presenting his new model for working toward goals with teams within the HR division. And I really appreciate that we're going to hear that. And then the other item I wanted to bring up is the adult daycare ZOTA, which is on our docket. On Friday, during the Senior Services Commission monthly meeting, this ZOTA was brought up, And there was a great deal of concern about the name because most of the people on the Senior Services Commission work in areas of adult daycare or aging services. or it's just a variety of service folks who are very in tune with the state adult daycare licensing, the name, what it means in terms of being officially an adult daycare center at the state level. And those folks are very concerned about this zoning ordinance text amendment because of the name and what it implies to them. and so I'm expecting from what they've told me that quite a few of them will be coming Thursday night to express opposition to the name of this soda and so I wanted to put that out so that it's not a surprise and just to say from my perspective I voted to move this onto the docket and was prepared to support it Thursday night. However, if there is a motion to table it for a while, I think this is one more reason to clarify what this zoning ordinance text amendment is and perhaps to give it a name change. I don't know if that's possible, but it would be one more thing for us to attend to. So thank you. Thank you. Vice Mayor Gordon, Council Member Lawless. Thank you, Mayor. First of all, I'd like to announce that the Columbia Heights Neighborhood Association wrote a grant, an Echo Art grant, for a bus shelter. And it's been a long process. I've worked with them with the Lex Tran and Yvette from Echo Art, the Art in Motion grants, and they now need to raise about $10,000 for a matching grant. And they have a Kickstarter project, www.kickstarter.com, backslash projects, backslash, backslash, splash back. And then there's a number, Bank Stop, a covered bus shelter. I'm sure you can find it. There was a write-up about it in Business Lexington. There's a big piggy bank on it. Republic Bank has been very gracious in supporting this and letting it be on their property, which was a long process. We went through Kroger's, who were very responsive, but they're getting ready to build and looked at several other locations. This is the busiest bus stop in the city, and there are many people that depend on it, and they sit in the rain. So it's really a great project, so I would encourage all of you all to go to Kickstarter. You can make a donation as small as a dollar or $10,000 if you have it. Thank you. Thank you, Council Member Lawless. Council Member Blues. Thank you, Mayor. This evening at 7 o'clock, the Meadowthorpe Neighborhood Association will meet in the community center at the park. There is a social hour beginning at 6.30, refreshments will be served, and neighbors can mingle and greet one another, and the meeting, as I say, starts at 7. Then tomorrow night, and again in Meadowthorpe at 5 p.m., The neighbors and others will gather to dedicate the Stonewall extension at the corner of Leastown Road and Taylor Drive. And this Stonewall extension with the name Meadowthorpe included in it will provide a second formal entry to the neighborhood. This project is the result of a public-private partnership, funds provided by area businesses, the Neighborhood Association, and the urban county government through a sustainability grant and NDF funds. I think other council members have been invited to join us. And again, that's 5 p.m., corner of Taylor, Taylor Drive, and Leastown Road, to dedicate this new amenity of the neighborhood. And thank you, Mayor. That's my report. Thank you, Council Member Blues. Council Member Martin. Thank you, Mayor. This Saturday, on October 13th, the Explorium of Lexington will hold their 23rd annual Museum Go-Round in Triangle Park from 10 a.m. to 4 p.m. And this free family event will feature all kinds of things. Artist Alley, Bubble Mania, Dino Dig, the Pit of Oobleck. it's a it's a buggy world tinker shop brick black corner sidewalk chalk art smart lab and a toddler play zone with a baby bubble zone sand table creations boy this is getting bouncy house and tinker toy shop and so it's this saturday and at uh at triangle park from 10 a.m to 4 p.m mayor i also have two referrals to committee the first is a text amendment i've I've been working with a business in my district, and I would like to refer this to the planning committee so that the members of the council can look at it there and sort of figure out whether they want to support it. But I move to refer Article 17-7E of the zoning ordinance relating to permitted signage and professional office and mixed-use signs, mixed-use one signs, to the planning and public works committee. So move. Second. If I might explain, Mayor, this is an ordinance that would be designed to affect signage on professional buildings three stories and higher. And so we're taking that to the planning. All right, sir. Motion and a second. 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. Thank you, Mayor. And the second referral I have is a request to, I guess, expand an issue that's already in public safety. We have in public safety a review of the nuisance abatement procedures, and I would like to expand that to a review of basically code enforcement abatement procedures. And I didn't want to get into a question of scope, and so I'll just simply make a motion to add that to the context of that motion. The idea was just simply to look at our procedures for the notices that we give to citizens, the time specifications that are on those notices, and how our Code Enforcement Division follows up with citizens about when those abatements are done. So that's so moved. Second. Motion by Council Member Martin. Second by Vice Mayor Gordon. Is there any discussion? Council Member Blues. I think that the issue has been taken up by the Infill and Redevelopment Committee, and Council Member Kaye may want to speak to that, where we are with that issue at this time. I think the work we've done is not specifically about the noise ordinance. No, it's not noise. This isn't particularly about noise. This is about any sort of violation of the code enforcement, I guess, or ordinances that the code enforcement division would abate. And I had an issue come up, and I don't think within the scope to get into it here, but I just want to look at the timetables for what our notices say and how long citizens have to, in fact, abate those issues. If that's the case, then Council Member Blues is correct. There will be a report from infill and redevelopment and a series of recommendations that have to do with that set of issues coming forward. So I would recommend that you wait until that comes forward, and then if there are still issues that are not covered in that report and that set of recommendations and you want to refer to a committee, that that would be appropriate. Do you know when you'll be reporting out? I've got two and a half months left. Can you tell me again exactly when you'll be leaving? I think the date is not soon enough, but I'm not sure. No, I believe that that's been scheduled for November 13th. November 13th. I'll be waiting with beta breasts. Vice Mayor, okay. Vice Mayor. Thank you. I just had a question. The infill and redevelopment report out, then will that be moving these issues from your report out into council committees? Or what? Because, I mean, the other way we could do it is go ahead and refer it to committee, and then whatever you bring could go into that discussion. The way that the recommendations have been set up is that there will be specific recommendations to the administration of code enforcement and to the legal department because they work together on some of these issues. And there will be a recommendation that counsel adopt an overview process so that every six months we get a report on the whether progress is being made on this set of recommendations so i believe that when you see the set of recommendations either they'll be adequate to the interest you have or you can suggest amendments to those recommendations council Councilmember, was the committee established by Council or by the Mayor? I'm just... How long is it? Well, that's a good question because just recently the Infill and Redevelopment Committee was officially established by the Vice Mayor. It had been existing for five or six years as pretty much an ad hoc committee that did not have the phrase that comes to mind as formal parentage. I don't want to call it a, but that's what it was. So it was kind of neither fish nor fowl, and we asked the vice mayor if she would basically constitute the Infill and Redevelopment Committee. as it was presently constituted. So that was done officially about a month ago. So it's a committee that's set up by the vice mayor. I guess since I've made a motion and there's a second on it, I like the idea of just going and putting this in committee so we don't have to do that again. And since the time is short, I might lose a couple weeks in trying to get that in committee. So I guess I would like to put it in committee because I thought, frankly, was already authorized by what was there, but I just wanted to clarify that we wanted to sort of look at this as well. So I guess I'll leave the motion, and we'll try to wait for your report. All right. Vice Mayor Gordon. I just have a technical point. Thank you, Mayor. It just so happens that November 13th is the next public safety meeting, so if we put it in committee, then it will all get vetted that day. Correct? Perhaps. It sounds like it's going to work out okay. Council Member Henson. I just didn't want to lose focus of the fact that it is already in committee, and your motion was to add some texture to the item, I guess. But anyway, I would prefer this came out of Public Safety Link. I would prefer that it be heard in Public Safety Committee. Thank you. All right, so we have a motion and we have a second. We're ready to take a vote. All in favor of the motion, please indicate by saying aye and voting electronically. Can we see the electronic vote? Yeah, okay. All right. Thank you, Mayor. Yes, sir. All right. What reflects passage of the motion? All right. Council Member Crosby. Thank you, Mayor. I just have a procedural question on the mayor report, and I'll qualify my question just by saying this in no means is a question regarding any individual person on the report. I think you've done a great job appointing diverse people and ages and everything, but I just was curious on the Domestic Violence Prevention Board if we had already appointed these people because there's no resumes and it appears that we've already approved them and that we're just changing their term. And I just want to make sure, since we have so many of these come before us, that I'm understanding this correctly. I don't know that answer, but we'll get it for you. It's just a procedure question. We'll get it. Yes? You're going to get it, Jamie? Is that what you're saying? That's fine. Just before we have to vote. Thank you. Okay. Thank you, Council Member Crosby. That's all I have. Thank you. Let's see. No one else has signed up for a council report, and the mayor's report is next. So move approval. Yes, I can. All right. There's a motion to approve. Council Member Crosby, seconded by Vice Mayor Gorton. Is there any discussion on the motion? Councilman Martin. What page of the packet? I'm having trouble getting my hands on it. What page do you have it? Without questioning? No, the mayor's report. I'm looking for my copy of it. Yeah, I didn't get it in my packet, I don't think. Anybody know? All right, sir. All right. Any further discussion? Okay. Hearing none, we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Thank you. Next on our agenda, public comment for issues not on the agenda. Mr. Mundy, anybody signed up? Okay. Is there a motion? Second. Motion by Council Member Blue is adjourned. Second by Vice Mayor Gordon. Is there any discussion? All in favor, please say aye. Opposed, no. Motion carries. We are adjourned.