# Urban County Council Meeting - February 12, 2013 > Auto-transcribed civic record · February 12, 2013 - **Permalink**: https://meetings.lexingtonky.news/meeting/2871 - **Source video**: https://lfucg.granicus.com/player/clip/2871?view_id=14&redirect=true - **Date**: 2013-02-12 - **Last revised**: July 16, 2026 - **Length**: 12,258 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 Council met on February 12, 2013, at 6:00 p.m. in the Council Chambers at 200 E. Main St, Lexington, KY 40507, with Mayor Jim Gray presiding. The council conducted business across 11 agenda items, including roll call, invocation, ordinances and resolutions at both first and second reading stages, communications from the mayor, reports, announcements, and public comments. The council took 33 motions and votes during the meeting and heard 5 public comments from citizens. Ordinances and resolutions at second reading were approved, while first reading items were advanced for future consideration. Communications from the mayor received approval, while other mayoral communications were received for information only. ## Attendance The following individuals were present at the meeting on February 12, 2013: * Mr. Farmer * Mr. Ford * Ms. Gorton * Ms. Henson * Mr. Kay * Mr. Lane * Ms. Lawless * Ms. Mossotti * Mr. Myers * Ms. Scutchfield * Mr. Stinnett * Ms. Akers * Mr. Beard * Mr. Clarke * Mr. Ellinger No members were recorded as absent or late. ## Votes and Decisions **Ordinance 0062-13** — Amending Section 21-5(2) of the Code of Ordinances to create one Skilled Trades Worker Sr., Grade 112N and abolish one Skilled Trades Worker, Grade 111N in the Division of Community Corrections, appropriating funds via Schedule No. 35. Motion by Ms. Gorton, seconded by Mr. Beard. **Passed 15-0** [timestamp: 00:05:16] **Ordinance 0113-13** — Amending certain budgets of the Lexington-Fayette Urban County Government to reflect current requirements, and appropriating and re-appropriating funds via Schedule No. 34. Motion by Ms. Gorton, seconded by Mr. Beard. **Passed 15-0** [timestamp: 00:05:16] **Resolution 0071-13** — Accepting bid of Pace Contracting, LLC for Final Clarifier Equipment Replacement for Division of Water Quality. Motion by Mr. Stinnett, seconded by Mr. Myers. **Passed 14-1**. Voted for: Mr. Farmer, Ms. Gorton, Ms. Henson, Mr. Kay, Mr. Lane, Ms. Lawless, Ms. Mossotti, Mr. Myers, Ms. Scutchfield, Mr. Stinnett, Ms. Akers, Mr. Beard, Mr. Clarke, Mr. Ellinger. Voted against: Mr. Ford. [timestamp: 00:07:25] **Resolution 0073-13** — Accepting bid of Intec Property Services for Custodial Services at Dr. Samuel Brown Health Center for Division of Facilities and Fleet Management. Motion by Mr. Stinnett, seconded by Mr. Myers. **Passed 14-1**. Voted against: Mr. Ford. [timestamp: 00:07:25] **Resolution 0074-13** — Accepting bid of Langley & Taylor Pool Corp. for ADA Swimming Pool Lifts and Installation for Division of Parks and Recreation. Motion by Mr. Stinnett, seconded by Mr. Myers. **Passed 14-1**. Voted against: Mr. Ford. [timestamp: 00:07:25] **Resolution 0085-13** — Accepting bid of Miller Transportation, Inc. for Charter Bus Service for Division of Parks and Recreation. Motion by Mr. Stinnett, seconded by Mr. Myers. **Passed 14-1**. Voted against: Mr. Ford. [timestamp: 00:07:25] **Resolution 0095-13** — Accepting bid of GRW for photogrammetric services for Division of Water Quality. Motion by Mr. Stinnett, seconded by Mr. Myers. **Passed 14-1**. Voted against: Mr. Ford. [timestamp: 00:07:25] **Resolution 0105-13** — Ratifying probationary civil service appointments of Cristie Taylor, Jennifer Hollon, Denise Washington, and multiple sworn appointments in Fire and Police, plus Council leave and unclassified appointment of Thomas Blues. Motion by Mr. Stinnett, seconded by Mr. Myers. **Passed 14-1**. Voted against: Mr. Ford. [timestamp: 00:51:05] **Resolution 0090-13** — Ratifying unclassified civil service appointment of Richard Moloney, Commissioner of Environmental Quality and Public Works. Motion by Mr. Stinnett, seconded by Mr. Myers. **Passed 13-2**. Voted against: Mr. Ford, Ms. Mossotti. [timestamp: 00:56:36] **Resolution 0081-13** — Changing street names and property address numbers for multiple properties in Lexington. Motion by Mr. Stinnett, seconded by Mr. Myers. **Passed 13-1**. Voted against: Mr. Ford. [timestamp: 00:56:36] **Resolution 0116-13** — Approving unclassified civil service appointment of Sally Hamilton, Chief Administrative Officer. Motion by Mr. Stinnett, seconded by Mr. Myers. **Passed 13-1**. Voted against: Ms. Mossotti. [timestamp: 00:56:36] **Resolution 0117-13** — Ratifying unclassified civil service appointment of Geoffrey Reed, Commissioner of General Services. Motion by Mr. Stinnett, seconded by Mr. Myers. **Passed 14-0** [timestamp: 00:56:36] **Resolution 0145-13** — Authorizing conditional offers for probationary and unclassified civil service appointments across multiple departments. Motion by Ms. Mossotti, seconded by Mr. Farmer. **Passed 14-0** [timestamp: 00:51:05] **Resolution 0146-13** — Ratifying probationary and unclassified civil service appointments and salary adjustments for multiple employees. Motion by Mr. Stinnett, seconded by Mr. Kay. **Passed 14-0** [timestamp: 00:51:05] **Resolution 0088-13** — Authorizing grant application for $15,000 under the Kentucky Waste Tire Crumb Rubber Grant Program for Kenwick Playground. Motion by Mr. Farmer, seconded by Ms. Lawless. **Passed 14-0** [timestamp: 00:51:05] **Resolution 0118-13** — Authorizing Memorandum of Agreement with Kentucky Community and Technical College System for lease of Megowan Building. Motion by Mr. Stinnett, seconded by Ms. Henson. **Passed 14-0** [timestamp: 00:51:05] **Resolution 0159-13** — Requesting the Kentucky General Assembly to grant Ethics Commission authority to issue administrative subpoenas. Motion by Ms. Scutchfield, seconded by Ms. Lawless. **Passed 14-0** [timestamp: 00:51:05] ## Budget and Financial Actions The meeting approved the following financial actions and contracts: **Water Quality Division** - Final Clarifier Equipment Replacement from Langley & Taylor Pool Corp. for $28,051.05 (Resolution 0074-13) - Photogrammetric services from GRW for $55,854.05 (Resolution 0095-13) **Parks and Recreation Division** - Charter Bus Service amendment with Miller Transportation, Inc. for $26,439.86 (Resolution 0085-13) - Installation of bonded rubber surface at Kenwick Playground, funded through a grant from the Kentucky Division of Waste Management for $15,000 (Resolution 0088-13) **Materials Recovery Facility** - Purchase of six custom Sorting Fingers Discs (STARS) from Machinex Technologies, Inc. for $31,188 (Resolution 0074-13) **Infrastructure and Engineering** - Engineering services for Dig and Replace Pipeline Projects (Category #2 of RFP #33-2012) for $110,000, with funds from J.P. Morgan Chase Bank, N.A., U.S. Bank National Association, and Elavon, Inc. (Resolution 0131-13) - Reimbursement to Kentucky Transportation Cabinet for sanitary sewer improvements on Fourth Street for $793,064 (Resolution 0094-13) **Education and Community Services** - Lease of Megowan Building for Bluegrass Community and Technical College from the Kentucky Community and Technical College System for $89,239 (Resolution 0118-13) **Emergency Preparedness and Administrative Services** - WebEOC Coordinator Services from Omnisource Integrated Supply, LLC for $53,000, using funds from the Chemical Stockpile Emergency Preparedness Program (Resolution 0133-13) - Review of voluntary insurance for one year beginning February 1, 2013 from Benefits Insurance Marketing for $12,500 (Resolution 0134-13) ## Public Comment **Appointment of Jennifer Holland** Therese Warwick raised concerns about the appointment of Jennifer Holland, expressing grievances over noncompliance with civil service hiring processes, pay equity issues, and what she characterized as erroneous evaluation of Holland's application. Warwick requested that the resolution be deferred until the grievance is resolved. [timestamp: 00:08:03] Jennifer Holland responded in defense of her appointment, stating that nothing on her application was erroneous and emphasizing that she had worked hard to earn the promotion, despite not initially having all required qualifications. [timestamp: 00:14:55] Janet Graham addressed the grievance process, explaining that the appointment process was competitive and acknowledging Holland's hard work and qualifications. Graham emphasized the need to resolve the matter through the grievance process and a pay equity study. [timestamp: 00:15:57] **Address Change** Council Member Mossotti raised concerns about an address change from Desha Road to Ghent Road, noting that the change affects delivery routes and navigation. [timestamp: 00:59:50] Council Member Farmer provided clarification, explaining that the address change resulted from a property owner rebuilding a home that now faces Ghent Road instead of Desha Road. [timestamp: 01:00:54] ## Appointments The following individuals were appointed or reappointed to various boards and commissions: **New Appointments:** * Sarah H. Tate to the Board of Architectural Review * Connie Rayford to the Charles Young Center Advisory Board * Geoffrey S. Reed to the Charles Young Center Advisory Board * James K. Millard to the Greenspace Commission * Maxine B. Rudder to the Greenspace Commission * Kenyata R. Johnson to the Housing Authority Board * Bernie L. Fields to the Infrastructure Hearing Board * Donna M. Campbell to the Lyric Theatre and Cultural Arts Center Board of Directors * Shevawn Akers to the Masterson Station Park Advisory Board * Irma K. Blues to the Masterson Station Park Advisory Board * Tammy L. Osborne to the Picnic with the Pops Commission **Reappointments:** * Jerry W. Kersey, Jr. to the Commission for Citizens with Disabilities * Sandra N. Canon to the Human Rights Commission * Jennifer F. Burke to the Internal Audit Board * Steve Hupman to the Parks and Recreation Advisory Board * Keith B. Jones to the Parks and Recreation Advisory Board * Michael L. Smith to the Parks and Recreation Advisory Board ## Contested Items **Appointment of Jennifer Holland as Paralegal** A heated discussion arose regarding the appointment of Jennifer Holland to a paralegal position. Therese Warwick filed a public grievance challenging multiple aspects of the hiring process, including concerns about the procedural fairness of the appointment, pay equity considerations, and how applications were evaluated. The grievance raised procedural concerns about the hiring decision and identified potential conflicts of interest within the grievance process itself. These issues prompted discussion about the need for administrative review by the Chief Administrative Officer (CAO) to address the procedural irregularities and ensure proper oversight of the appointment and grievance handling. ## Roll Call Council members were called to roll at the beginning of the meeting [timestamp: 00:00:00]. All members were present. ## Invocation Chaplain Frank Firestine from the Division of Community Corrections offered an invocation at the beginning of the meeting. [timestamp: 00:01:34] ## Ordinances – Second Reading [timestamp: 00:04:44] Two ordinances received second reading and approval during this portion of the meeting. The first ordinance created a Skilled Trades Worker Sr. position and abolished a Skilled Trades Worker position within the Division of Community Corrections. The second ordinance amended budgets and re-appropriated funds. Ms. Gorton and Mr. Beard were the key speakers on these matters. Both ordinances were approved. ## Ordinances – First Reading [timestamp: 00:06:18] Three ordinances were presented for first reading and placed on file for public inspection. The ordinances addressed the following matters: - An ordinance changing a job title in Family Services - An ordinance creating a Deputy Chief Administrative Officer position - An ordinance amending budgets All three ordinances were read and filed for public inspection as part of the first reading process. ## Resolutions – Second Reading [timestamp: 00:07:25] Multiple resolutions were presented for second reading and approval during this agenda item. The resolutions addressed equipment procurement, service contracts, construction projects, business development incentives, grant applications, and contract modifications. Key speakers participating in the discussion included Mr. Stinnett, Mr. Myers, Mr. Ford, Ms. Mossotti, and Ms. Lawless. The resolutions covered the following categories of action: - Acceptance of bids for equipment, services, and construction projects - Approval of inducements for business development initiatives - Authorization of grant applications - Authorization of contract changes and modifications All resolutions presented during this second reading were approved. ## Resolutions – First Reading [timestamp: 00:51:05] Several resolutions were presented during the first reading portion of the meeting. The resolutions were read and placed on file for public inspection. The resolutions addressed the following matters: * Bids for streetscape improvements * Fire suppression repairs * Grant applications All resolutions presented during this agenda item were advanced to first reading status, meaning they were formally introduced and made available for public review before any further action would be taken. ## Communications from the Mayor [timestamp: 01:20:59] Mayor Jim Gray presented communications regarding appointments to various boards and commissions. The Mayor recommended appointments to the Board of Architectural Review and the Housing Authority Board. The item was approved. ## Communications from the Mayor (For Information Only) Mayor Jim Gray provided information to the council regarding personnel matters [timestamp: 01:22:03]. The Mayor reported on employee resignations and a voluntary demotion within city government. This agenda item was presented for informational purposes only, with no action required from the council. The Mayor conveyed updates on staffing changes affecting city operations and personnel. ## Reports Reports from the Division of Building Inspection were presented during this agenda item [timestamp: 01:22:03]. The presentation covered performance data for the fourth quarter of 2012 as well as comprehensive results for the full calendar year 2012. This was an informational item with no formal action required. The reports provided an overview of the Division of Building Inspection's activities and metrics during the specified reporting periods. ## Announcements Commander Armstrong presented announcements that included two disciplinary matters from the police department [timestamp: 01:22:35]. The announcements were presented for informational purposes. ## Public Comments Three members of the public provided comments during this agenda item, addressing concerns related to a paralegal appointment. **Speakers and Concerns** Therese Warwick, Jennifer Holland, and Janet Graham each spoke during the public comment period. Their remarks focused on issues of civil service compliance and pay equity related to the appointment being discussed. **Key Issues Raised** The commenters raised concerns about whether the paralegal appointment process complied with civil service requirements and expressed questions about pay equity in connection with the position. **Outcome** This agenda item was informational in nature, with no formal action taken during the public comment period. --- ## Decisions - **Ordinance 0062-13** — passed (15-0): Amending Section 21-5(2) of the Code of Ordinances to create one Skilled Trades Worker Sr., Grade 112N and abolish one Skilled Trades Worker, Grade 111N in the Div. of Community Corrections, appropriating funds via Schedule No. 35. - **Ordinance 0113-13** — passed (15-0): Amending certain budgets of the Lexington-Fayette Urban County Government to reflect current requirements, and appropriating and re-appropriating funds via Schedule No. 34. - **Resolution 0071-13** — passed (14-1): Accepting bid of Pace Contracting, LLC for Final Clarifier Equipment Replacement for Div. of Water Quality. - **Resolution 0073-13** — passed (14-1): Accepting bid of Intec Property Services for Custodial Services - Dr. Samuel Brown Health Center for Div. of Facilities and Fleet Management. - **Resolution 0074-13** — passed (14-1): Accepting bid of Langley & Taylor Pool Corp. for ADA Swimming Pool Lifts and Installation for Div. of Parks and Recreation. - **Resolution 0085-13** — passed (14-1): Accepting bid of Miller Transportation, Inc. for Charter Bus Service for Div. of Parks and Recreation. - **Resolution 0095-13** — passed (14-1): Accepting bid of GRW for photogrammetric services for Div. of Water Quality. - **Resolution 0071-13** — passed (14-1): Accepting bid of Pace Contracting, LLC for Final Clarifier Equipment Replacement for Div. of Water Quality. - **Resolution 0105-13** — passed (14-1): Ratifying probationary civil service appointments of Cristie Taylor, Jennifer Hollon, Denise Washington, and multiple sworn appointments in Fire and Police, plus Council leave and unclassified appointment of Thomas Blues. - **Resolution 0090-13** — passed (13-2): Ratifying unclassified civil service appointment of Richard Moloney, Commissioner of Environmental Quality and Public Works. - **Resolution 0081-13** — passed (13-1): Changing street names and property address numbers for multiple properties in Lexington. - **Resolution 0116-13** — passed (13-1): Approving unclassified civil service appointment of Sally Hamilton, Chief Administrative Officer. - **Resolution 0117-13** — passed (14-0): Ratifying unclassified civil service appointment of Geoffrey Reed, Commissioner of General Services. - **Resolution 0145-13** — passed (14-0): Authorizing conditional offers for probationary and unclassified civil service appointments across multiple departments. - **Resolution 0146-13** — passed (14-0): Ratifying probationary and unclassified civil service appointments and salary adjustments for multiple employees. - **Resolution 0088-13** — passed (14-0): Authorizing grant application for $15,000 under the Kentucky Waste Tire Crumb Rubber Grant Program for Kenwick Playground. - **Resolution 0118-13** — passed (14-0): Authorizing Memorandum of Agreement with Kentucky Community and Technical College System for lease of Megowan Building. - **Resolution 0159-13** — passed (14-0): Requesting the Kentucky General Assembly to grant Ethics Commission authority to issue administrative subpoenas. - **Resolution 0071-13** — passed (14-1): Accepting bid of Pace Contracting, LLC for Final Clarifier Equipment Replacement for Div. of Water Quality. - **Resolution 0073-13** — passed (14-1): Accepting bid of Intec Property Services for Custodial Services - Dr. Samuel Brown Health Center for Div. of Facilities and Fleet Management. - **Resolution 0074-13** — passed (14-1): Accepting bid of Langley & Taylor Pool Corp. for ADA Swimming Pool Lifts and Installation for Div. of Parks and Recreation. - **Resolution 0085-13** — passed (14-1): Accepting bid of Miller Transportation, Inc. for Charter Bus Service for Div. of Parks and Recreation. - **Resolution 0095-13** — passed (14-1): Accepting bid of GRW for photogrammetric services for Div. of Water Quality. - **Resolution 0105-13** — passed (14-1): Ratifying probationary civil service appointments of Cristie Taylor, Jennifer Hollon, Denise Washington, and multiple sworn appointments in Fire and Police, plus Council leave and unclassified appointment of Thomas Blues. - **Resolution 0090-13** — passed (13-2): Ratifying unclassified civil service appointment of Richard Moloney, Commissioner of Environmental Quality and Public Works. - **Resolution 0081-13** — passed (13-1): Changing street names and property address numbers for multiple properties in Lexington. - **Resolution 0116-13** — passed (13-1): Approving unclassified civil service appointment of Sally Hamilton, Chief Administrative Officer. - **Resolution 0117-13** — passed (14-0): Ratifying unclassified civil service appointment of Geoffrey Reed, Commissioner of General Services. - **Resolution 0145-13** — passed (14-0): Authorizing conditional offers for probationary and unclassified civil service appointments across multiple departments. - **Resolution 0146-13** — passed (14-0): Ratifying probationary and unclassified civil service appointments and salary adjustments for multiple employees. - **Resolution 0088-13** — passed (14-0): Authorizing grant application for $15,000 under the Kentucky Waste Tire Crumb Rubber Grant Program for Kenwick Playground. - **Resolution 0118-13** — passed (14-0): Authorizing Memorandum of Agreement with Kentucky Community and Technical College System for lease of Megowan Building. - **Resolution 0159-13** — passed (14-0): Requesting the Kentucky General Assembly to grant Ethics Commission authority to issue administrative subpoenas. --- ## Full transcript It's six o'clock. All right. Greetings, greetings, everyone. Welcome to the Tuesday, February 12th meeting of the Lexington-Fayette Urban County Council. And for those of you who have not been here before, our procedure includes starting with a roll call by our clerk. Meredith, would you give us, please call the roll. Thank you, ma'am. Certainly. Mr. Farmer? Yes, ma'am. Mr. Ford? Here. Ms. Gorton? Here. Ms. Henson? Here. Mr. Kay? Here. Mr. Lane? Here. Ms. Lawless? Here. Ms. Mazzotti? Yes. Mr. Myers? Here. Ms. Scutchfield? Yes. Mr. Stennett? Yes, ma'am. Ms. Akers? Yes, ma'am. Mr. Beard? Present. Mr. Clark? Yes. And Mr. Ellinger? Yes. Thank you. Thank you, Madam Clerk. Tonight our invocation will be offered by Chaplain Frank Feierstein, who is with our Division of Community Corrections. Chaplain, thank you for being with us tonight. I bring you greetings from Director Ballard and the fine folks of the Division of Community Corrections, and thank you for this honor tonight. Will you pray with me? Our Father and our God, we give you thanks for your love that brings us here this day because you have blessed us with it. And we thank you for it and ask for the spirit of your grace to abound with us this evening. For what brings us together is the love of this city. And we just ask that you give us wisdom and guidance in all that we do, that everything might be done according to your will and acceptable in your sight. Thank you for the mayor and his council and all that they do in serving us, and for all the employees that continue daily. We are indeed grateful. Now with all of your love and the blessings of your wonderful grace, may it be upon us this night in all that we do and say that we go forward as a city continuing to be greater and greater and we'll give you all the praise, all the honor, and all the glory through Jesus Christ our Lord. Amen. Chaplain, thank you very much. Thank you, sir. And please give our thanks and greetings to everyone at Community Corrections, including the director. We'll do that, sir. Thank you. All right, before we begin with the second reading of ordinances, I want to recognize some special guests with us tonight, Boy Scout Troop 111, led by Scout Master Dan Thompson. Dan, hold up your hand. Thank you, sir. Attending this meeting takes many of the Scouts one step closer to earning their citizenship in the community merit badge, So we want to thank all of you in Troop 111 for being with us tonight. Thank you, guys. Okay, so what you all will see might be confusing. But there is, deeply embedded in it, is a long history. going back 238 years to 1775. And if I say too much more about this, these council members will get all over me. But our clerk will read the ordinances that the council then tonight will vote on. Madam Clerk, I'm sorry. I believe Mr. Ford may have something. First, we have a council member who wishes to speak. Council Member Ford. Thank you, Mayor and Council members. I wish to suspend the rules. It's been brought to my attention that there is a citizen and an employee that wishes to address the Council via public comment because there is an issue on second read. So I ask that we suspend the rules and allow public comment at this time, Mayor. Planning to do that right before the ordinance, right before the, is it resolution or ordinance that relates to resolution number six. We plan on doing that before resolution number 6, if that's okay. Thank you, Mayor. Appreciate it so much. All right. I do have the names of those who wish to speak. All right. Okay. Madam Clerk, if you'll please give us a second reading of ordinances. Ordinance No. 1 and ordinance amending Section 2152 of the Code of Ordinances, creating one position of skilled trades worker senior, Grade 112N, and abolishing one position of skilled trades worker, Grade 111N, in the Division of Community Corrections, appropriating funds pursuant to Schedule No. 35, effective upon passage of counsel. And number two, an ordinance amending certain of the budgets of the Lexington Fayette Urban County Government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds. Schedule number 34. Thank you, Madam Clerk. Is there a motion? Move approval. Second. It's a motion by Vice Mayor Gorton, seconded by Council Member Beard. Is there any discussion on the motion? All right. Hearing none, then we can take a roll call vote. Madam Clerk, when you're ready. Mr. Farmer. Yes, on both. Mr. Ford. Yes. Ms. Gorton? Aye. Ms. Henson? Yes. Mr. Kay? Yes. Mr. Lane? Yes. Ms. Lawless? Yes. Ms. Mazzotti? Yes. Mr. Myers? Yes. Ms. Scutchfield? Yes. Mr. Stennett? Yes. Ms. Akers? Yes. Mr. Beard? Aye. Mr. Clark? Yes. And Mr. Ellinger? Yes. Thank you. Thank you, Madam Clerk. All right. The vote reflects passage of the motion. We can proceed then to ordinances for a first read whenever you're ready. Madam Clerk. Ordinance number three, an ordinance amending section 2152 of the Code of Ordinances, changing the position title of Social Worker Senior, grade 113E, to Life Skills Program Specialist, grade 113E, in the Division of Family Services, effective upon passage of counsel. Number four, an ordinance amending section 2252 of the Code of Ordinances, creating one position of Deputy Chief Administrative Officer, Grade 122E, in the Office of the Chief Administrative Officer, appropriating funds pursuant to Schedule No. 37, effective upon passage of council. Number five, an ordinance amending certain of the budgets of the Lexington-Fayette Urban County Government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds, Schedule No. 36. Thank you, Madam Clerk. Are there any motions? All right. If there are none, then Madam Clerk can move on to the second reading. Resolution number one, a resolution accepting the bid of PACE Contracting, LLC, establishing a price contract for final clarifier equipment replacement for the Division of Water Quality. Number two, a resolution accepting the bid of InTech Property Services, establishing a price contract for custodial services, Dr. Samuel Brown Health Center, for the Division of Facilities and Fleet Management. 3. A resolution accepting the bid of Langley & Taylor Pool Corporation in the amount of $28,051.05 for ADA swimming pool lifts and installation for the Division of Parks and Recreation. 4. A resolution accepting the bid of Miller Transportation, Inc. establishing a price contract for charter bus service for the Division of Parks and Recreation. Number five, a resolution accepting the bid of GRW in the amount of $55,854.05 for photogrammetric services for the Division of Water Quality. All right, Madam Clerk, thank you. We will now ask two who have signed up, two citizens who have signed up for public comment, Theresa Warnick and Jennifer Holland on item number six, resolution number six. I believe they are here to speak now. And then I believe Janet Commissioner Graham will also address the council. Good evening, Mayor, Vice Mayor, and Council members. I am Therese Warwick, a paralegal in the Department of Law since January 2007. I'm here before you to express my disappointment in how the newly created and internally advertised position of paralegal was handled by the Department of Law. I have filed a grievance with the Commissioner of Law on February 8th, and the response is still pending. However, I believe strongly that I should voice my concern on this matter as it is before you on the docket for second reading, item number 6. There are three issues that cause concern. One, I believe, noncompliance of the civil service hiring process. Two, noncompliance with the pay equity ordinance. And three, erroneous evaluation of Ms. Holland's application by law or HR. Ms. Holland was placed in a temporary position of paralegal in August of 2012. At that time, she did not have the required minimum qualifications, that is, no degree and no paralegal experience in occupational license fees and net profit collections. Ms. Holland was trained for a few weeks prior to the retirement of paralegal Karen Sprinkle, who was performing the duties of collection of occupational license fees and net profits. In December 2012, this position, with the primary duties of collection of occupational license fees and net profits, was advertised internally. The minimum requirements for the position, associate degree, and two years of experience performing paralegal work relative to the era of assignment, that is, occupational license fees and net profits. Ms. Holland was the only applicant who applied for this internally advertised position in December. And on January 31, 2013, the Council's work docket indicated a resolution ratifying the probationary civil service appointment of Jennifer Holland Paralegal Grade 113, $20.27 per hour. On February 7, I met with Commissioner Graham and managing attorneys Glenda George and Keith Horn to state my disappointment of this hire. They stated to me that despite Ms. Holland being the only applicant, the process was still competitive and Ms. Holland is qualified for the position. The managing attorneys both stated that it is not unusual for one person to apply for a position at the LFUCG and that one name sent to the Civil Service Commission for certification of the list. Ms. Warwick, excuse me just a minute. The reason I interrupted you, I have the unpopular role of being the timekeeper, and our protocol has a three-minute. Are you fairly close to the closing? Yes. I'm sure the council will allow that then. Thank you. Go right ahead. Thank you so much. My second concern is about the pay equity. Ms. Holland has been given a promotion which gives her the 7% increase. Her salary of $20.27 per hour, whereas I'm making $18.90 per hour. I have a bachelor degree. I'm a certified Kentucky paralegal, and I have 12 years of actual paralegal experience. I'm not even counting my Master of Science work that I have finished. I have and still am performing equal and equivalent work than that of Ms. Halland. And, of course, I'm referring to the ordinance number 197-002, which deals with the pay equity. And I know, Council, this has come before you time and time again about inversion. And thirdly, I believe that the application submitted by Ms. Halland was erroneously evaluated either by HR and her law. Of course, Ms. Glenda George, managing attorney, told me that she had reviewed this application and found no issue with the experience as stated on the application. Despite the application listing Ms. Holland initially as a legal secretary performing legal secretary work and further for her administrative specialist senior position, She indicated that she has been performing paralegal collection duties since 2005, which I had been hired initially as collections and litigation paralegal, and I was performing some of those collection duties. And so... Ms. Ward, excuse me just a minute. Someone, Hillary has just told me that someone is willing to yield three minutes to you, So let's say that there's a couple of minutes. Will that work? Yes. A couple of minutes more? I'm actually finished. So there are three. Those are my three concerns. Noncompliance of the civil service, noncompliance with the pay equity, and I believe erroneous evaluation of Ms. Holland's application. And as I said, I have filed a grievance, and that is pending since I just filed it on the 8th, but I believe that this needs to come before you. I ask that this resolution be deferred until a resolution of the grievance that I have filed be dealt with. I'm asking counsel to seriously look at revamping the grievance process, especially for cases like mine where I have an issue with what happened in the law department and I had to take this grievance to the commissioner of law. And I'm asking that I get equal pay to that of Ms. Holland. Thank you. All right. Thank you. I have also signed up to speak Jennifer Holland. Is it all right? Jennifer, if you'll just give your name and address. You know the procedure. Good evening to you all. My name is Jennifer Holland. I work in the law department. I actually live in Nicholasville, Kentucky, but I am from here. I really just want to actually just state that nothing on my application was erroneous. I've worked for a solo practicing attorney since 93 before I came here. So as you can imagine, when it's just two, you could say he was a secretary on some days. I mean, as far as the pay goes, honestly, I was making more before I even converted to this paralegal position than what she makes. I can't control the pay or how it's done. I don't think I need to defend that. But I just really need you all to know that nothing on my application was erroneous, and in no way did I misstate anything. All right. Thank you. Thank you. Thank you. And Commissioner Graham, you wish to speak to this issue. Thank you. Thank you, Mayor. I have a couple things I'd like to tell the council about this. And when I say this, I really do mean it. We have fine employees at the law department. Therese is a fine employee. Jennifer is a fine employee. But this is really about pay, and it's about what we want to study in our compensation study. You know, Jennifer, as an administrative person, actually was making more than Therese as a paralegal, and that just happens sometimes if somebody's come from outside or whatever. This was even before Jennifer promoted into the paralegal position, And this happens across government. It's why we want to study compensation here to see if we can remedy some of these issues. But I would like to say that any time an employee in the law department wants to pursue another goal or advance themselves, I've encouraged that. We had a fellow take the bar this time and past who was our law clerk for five years. Jennifer, let me tell you a little bit about Jennifer. She's a single mother. She's raising two sons. and she went to school at Knight Sullivan College to get her paralegal degree. And I encourage that just as I would encourage anybody to try and do that. And so she's worked really hard to get this promotion. She's the only person that applied for the job. Nobody else applied. The Civil Service Commission reviewed the hire, approved the certification of the list, which is not unusual with internal applicants to have one person on the list. and I would note that Therese has filed a grievance on this issue which I just got Friday so that's in process but I think the appropriate way to pursue this is through the grievance process and through our pay equity study rather than going about by trying to say the person who is promoted into the job shouldn't be there I mean that's a completely different issue from saying somebody, from saying my pay isn't right, to saying you shouldn't promote this other person who's worked hard for that. So that's what I would say to the council is these pay issues are across government. We're working on that. I think Human Resources is trying to schedule a workshop with the council for the first phase of our compensation study. And in my mind, that's the appropriate way to address this. And I'll be happy to take any questions. Does anyone have, does any council member wish to comment or ask a question of the commissioner at this point in time? Councilor Massati. Thank you, Commissioner Graham. So, I don't know Teresa's last name. I apologize. Warwick. Warwick. Ms. Warwick is just asking for extra time. Is that all she's asking for, to have this looked at? Well, I think she's asking that Jennifer not be promoted or that her salary be raised. Here's the issue with that. The way our system is, Therese actually came in as a paralegal before this promotion. Therese was making $18.90. Jennifer, as an administrative person, was actually making $18.95. So she was already making higher before this promotion even occurred. And that's because of various things that go on when people come in from outside government. So, you know, as far as the grievances requesting that I raise Teresa's salaries up to Jennifer's, I can't legally do that. So then the issue becomes, do you stall the promotion of a very deserving person who's worked very hard, who's a woman who's a single mother because of these overall compensation issues that run across government that we're studying. And I think that's the issue. I don't think it's appropriate. Ms. Warwick, I understand that we either would address this with the conversation and the discussion that we've had, or we would need to go into closed session for more detailed discussion as it relates to personnel issues. Would that be a fair suggestion? We can certainly go into closed session to discuss the appointment of an employee. All right. So one other question, just to follow up then. Just by giving her, I mean, she's just asking for more time so you could see this, but not for a resolve, but just more time to be able to file this. The grievance has been filed, correct? That's correct. And the way the grievance process works, I am still within my time frame to respond. then the next step would be if that doesn't resolve it, it goes on at the chain of command. Okay. I just wanted to make sure it was done in a timely fashion. Yes, I'm within the time frame on response. I don't think I've got some time still for that. Okay. Thank you very much. Thank you, Council Member Sadi. Council Member Ford. Thank you, Mayor. Thank you, Commissioner, and both of the employees that came. I guess, Mayor, the question I have is, I would like to discuss this further, but what I would like to do for the sake of expediency of the council, I would like to make a motion that we table resolution number six until we proceed on with reading the rest of the docket, and then we come back to deal with resolution number six. is there a second motion a second to table a motion to table is not debatable so the resolution let's just make sure that we understand the motion the motion is to table the motion is to table resolution number six until until the end of the reading of the rest of the docket. I want to allow the clerk to finish the rest of the docket. And personally, I would like to be able to digest a little bit of what the information that we've been given here this evening. So for us to deal with this tonight, we'll continue to read on with the rest of the docket and circle back around at number six. All right. So that would mean that we would come back to it at the end of the resolutions? That's correct, ma'am. Before we vote on them. Before we vote on the resolutions. You'd almost have to. Let me restate the motion. I'm sorry, Mayor. What I would like to do is I would like to separate resolution number six from the second read of resolutions. And I would like to table it and address it separately at the conclusion of that portion of the meeting. After the resolutions then? After the first read of the resolutions. Yes, sir. All right. We have a motion. We have a second to table. Is all in favor of the motion to table? No, we can't have discussion. It's not debatable. All in favor of the motion to table, separate. Please indicate by saying aye. Aye. Okay. Vote electronically, please. And all who oppose, nay. All right. The motion to table fails. All right. So we're back to discussion. Does anybody else wish to address the commissioner? Council Member Kaye. Thank you, Mayor. Commissioner, the only question I have is this. Is there any negative effect on the approval of this resolution tonight by the grievance? Are they, in fact, related? Are they not related? What are the possible scenarios? Well, here's the way. And it's a little bit difficult to describe because, in my mind, this is a pay issue. the grievance has not been couched like a pay issue. I think Ms. Warwick has, in her grievance, talked about a faulty civil service process. I can address that. The civil service provisions allow for internal application. The council occasionally will rule that. So she's couched it in that, in a pay equity, and in an application review. Maybe I need to ask my question a different way. I'm sorry. I probably went off on that. That's okay. If the grievance needs to be resolved positively and negatively, will it make any difference if we approve this tonight on the disposition of that grievance? If we approve it and the grievance approves to be upheld, it will make a difference retroactively, I presume, on this hiring. I think the grievance is asking for things that are probably legally not sustainable. So I would say that, you know, the grievance process is going to go up through the chain. If the relief requested is a pay increase for an existing employee, in my mind, I cannot give that. So I do not think going ahead with this resolution is going to affect the ultimate issue with the grievance. Okay, but let me just follow up one more time. I understand your legal opinion about the validity of the grievance. Should the grievance prevail, what then impact will it have on the fact that if we go ahead and approve this hiring, what difference will that make? If the grievance prevails, I guess it would depend on how it prevails. If, for example, if I review this and say the civil service process was faulty, then we would probably come back to counsel for some sort of review of the hiring, in other words. I think the pay equity part is the part I think that's, I don't think I can grant that relief. If the application review process was faulty, the same thing would happen. and I would come back to council and say there was a problem here. So I think that's what would happen if the grievance prevailed. Okay. Thank you very much. Thank you, Mayor. Commissioner, I need to ask your opinion on this. I'm assuming, I'm interpreting that you will alert us if we should be taking this issue into closed session as it relates to personnel. I will. Well, and part of why I'm not recommending that is because these issues have been aired publicly about another employee's qualifications, I think it's appropriate that in some ways that defense be made, too. Okay. All right. Thank you. Council Member Beard. I only want to say that we have a process in place, and I don't think the Council at this point needs to touch it at all until we go through the process and be satisfied that the process is okay, and then we can discuss it. But right now, I don't think to leapfrog to the Council is inappropriate. Councilman Beard. Councilman Farmer. Thank you, Mayor. So, Commissioner, when a grievance is filed, who is it filed with? It's generally filed with your, the first step is filed with your immediate supervisor or manager. And with the law department, people usually come to me. I mean, we do have interim levels, and in this case, I met with Therese along with a couple of the managing attorneys. Then once I complete my review of it and issue a decision, then if the employee is not satisfied with that, It can then go to HR and then also up to the CAO for review. So I think it's a four-step process altogether. Because in all that, I mean, HR in essence reports to you, don't they? That's true. They do. But then the back out of all this is the CAO would be your ultimate outside body since all this is inside your playpen. Okay. Thank you. Council Member Henson. Thank you, Mayor. Commissioner, with this resolution passing, both of the employees would be paralegals? Well, Ms. Warwick, yes, that's correct. Ms. Warwick is already a paralegal, and she's been a paralegal and employed with us since 2007. Ms. Holland started her employment out as an administrative specialist, and she came on in 2005 and then went to school at night, got her degree, and promoted into this position. Okay. So, yes, they will both, at the end of this process, be paralegals. Actually, I think upon graduation, technically, Jennifer would be a paralegal. I don't think it has to be a promotion to a job. I think we would be best served to work through the process. I think this has been a long-standing problem that needs to be corrected. And I hope that, do you have any kind of time frame, I guess? My understanding is that we've been, HR's been working with the vice mayor and Stacy, I think, to try and schedule the first phase of a workshop related to the compensation study. So that should be coming hopefully, I think, maybe March, Vice Mayor, but I'm not sure. We were trying to fit that in with a bunch of other things going on. Okay. Well, thank you. Council Member Lawless. I guess I'd like to offer an alternative motion, and that is to table, separate out the Jennifer Holland paralegal for a second reading and table just that portion. Is that a motion? Yes. Okay, is there a second to the motion? Yes, sir. It's a motion, and there's a second to table the... Let's... I'm sorry. It's a bunch of questions. Yeah. I think... Councilman Lawless, would you repeat the motion, please? I'd like to make a motion, one, to separate from No. 6, the Jennifer Holland paralegal... I don't table. It separates. position, leave the rest of them in, and secondly, table that one to the end of this meeting if people wanted more information. Okay, the motion would be to separate, not to table then. Okay, first I'd like to make a motion to separate that one. All right, is there a second to the motion to separate? The motion fails for the lack of a second. All right. Council Member Ford. Mayor, thank you. I have a question in regards to the grievance process. And Council Member Beer didn't make a very valid point that the importance of allowing processes to carry themselves out. However, the fact that the aggrieved party, as well as the applicant for promotion or appointment for hire, is in the law department, and this is not a question of how you would handle the situation. I just want to be really clear on two things, two quick questions. The first question is, is the nature of the grievance the proposed appointment of Ms. Holland? I think that's the basic issue, yes. Okay. The relief requested is a little squishier, but yes, the basic issue is the promotion of Ms. Holland. Now, I'll just throw this out there. I don't know the answer to this. If that is the case, I think there may be some basis in consideration for counsel to separate the appointment of Ms. Holland just by the simple premise that it's very hard, if not impossible, to get the toothpaste back into the tube. If the grievance does find that there is an issue or there is some basis on validity, it could be problematic from that legal regard. I throw that out there. Let me ask this question, Commissioner. And explain, before I come back to what I just said, explain to me how the grievance process will proceed going forward. If we didn't take any additional action tonight as a council and we allowed to let the grievance process go, how in practical terms will that work? In particular to this case, not in general, but to this case. Okay. I will review the grievance, which I've done right now kind of cursorily, haven't had the chance to really get into it in depth. As Ms. Warwick noted, her three basic complaints are the pay equity, the review of the application, and the application that Ms. Holland submitted. So I guess step one is I'll take a look at Ms. Holland's application, see what she put on there, see if I agree with the way it was scored. Second thing, the pay equity issue, that's the one I don't think I can, I think that's a systemic issue, so I can't imagine that I'm going to have an instant solution to that one. Then the third, I think, was the scoring by human resources of the application. So what I'd probably do on that one is, since those are also, the Civil Service Commission is also involved in certifying those lists, I would probably not only need to talk to Dan Fisher, who attends the Civil Service Commission meetings, and talk about how they rated that, and also talk to the folks in HR and have them explain to me how they rated the application. And then once I get all those facts, then I would have to make a decision on whether I think there's any merit to the grievance or not. I would then, whatever that decision is, I then have to write that down on the grievance paper, meet with the employee, return it to the employee, and then the employee, Therese, would decide at that point, am I satisfied with what's been done in this step? And then if she is, it ends there. If she's not, then she would take it further on up the chain, probably first to HR. But again, there have been times when it's gone directly to the CAO. Either one of those is fine. But it would proceed on up for them to review what I've done and to look at it again. Let me ask this question. Commissioner, and I'm almost out of time. Here's the deal. This is what complicates it for me. Does the grievance go to you because you are her superior? Yes. Now, what role does HR play into it? And then what also confuses it more is that now that HR is a direct report to you as the Commissioner of Law, you also appear to be, well, you also are, I would guess, the appointing. you've made a recommendation for the appointment for Ms. Holland. So this is kind of all a little too close for comfort for me. How does this work, or should there be an adjustment, maybe a question for the CAO, for this grievance process, in fairness to you and both parties involved? I mean, I'm fine if I need to be taken out of the process. that doesn't, I mean, to me the issue is I think the process, to the extent as normal as we can make it to the current process, should go through, because I think it's important that our administrative processes be followed. So I think whoever you'd like to be at the top of the chain reviewing, it needs to be done that way versus in this fashion. Thanks, Commissioner. Mayor, I may need to come back. Thank you, sir. Council Member Myers. Thank you, Mayor. Commissioner, we were trying to understand why there's only one applicant, so I think you answered Council Member Henson's question that the person who filed a grievance is already in that same job title. Yes, that's correct. So without oversimplifying things, is it fair to say that this is basically a grievance over an inversion issue? That's the generalization of that because, now, technically, we only call inversions when you bring somebody from the outside. This is the bad part of our system, if I can say it that way, where the pay equity ordinance doesn't cover promotions internally. So, yes, you see what I'm saying there? Yes, because that was my next question was didn't we pass an ordinance that said if you create an inversion, you have to have the money in your budget to fix it. But the reason that this is an issue is because it's an internal hire. It's an internal hire. It's an internal promotion, yes. And the person who promoted into the paralegal job was making more than the existing paralegal before they even promoted. So it's, and that's, again, if you look at our government across the board, there will be some administrative folks who may hire them, you know, paralegals, attorneys, whatever, just because of their experience level and what was going on at the time they got hired. Okay. Thank you. All right. I don't have any other council members signed up to speak, so we can proceed. Council Member Ford. Forgive me, Mayor. Forgive me, Council. It's kind of why I was hoping we could do this at the end. I'm concerned, speaking only to the grievance, I'm concerned about the process going forward with the grievance. And I would like for us to resolve how this will go forward. It seems to me that it's going to be complicated for Commissioner Graham to carry out dual roles in regards to being the appointing authority over HR, Commissioner of HRA I wish it were a way that if the appointment of Ms. Holland and that's what's presented to us now that it was done by the books I would hate to penalize a deserving candidate for a second read and to go ahead with being appointed. At the same time, I don't know how wise that is for us to go forward with it, seeing that we have a grievance on this particular hire. And I hate to repeat myself, but I am very, is there anybody here, I guess grievances in general are handled by HR. Is that fair to say, Commissioner? They are generally a three- or four-step process. Generally, the first step is you present it to whoever your immediate manager is in your division. So a lot of people think they go directly to HR. They really don't. They go first step to whoever your immediate supervisor is. Then as they go on up the chain, they go through HR. Let me say this. If the council feels more comfortable directing me to step out of the grievance process, I am perfectly fine with that. And if you would prefer it to go directly to Sally, who I am perfectly fine with that. She's already overwhelmed. Mayor, Commissioner, thank you so much. With that said, speaking first and foremost to the grievance, I do make a motion that we amend our policies and appoint the chief administrative officer to work in concert with HR to take over and report to us the status of this grievance. This grievance. And that's a motion I kindly ask for a second. Second. Okay. Let's make sure that we understand the motion. Council Member Ford, would you repeat the motion? We do have a motion, and we do have a second. The motion is to appoint and ask the Chief Administrative Officer to be responsible for this grievance, basically removing the Commissioner of Law from this particular grievance. And the Commissioner was offered to do that. So, all right. Is there any discussion? We have a motion. Council Member Ford, second by the Vice Mayor. Is there any discussion on the motion? Yes, sir. Council Member Kaye. Thank you, Mayor. I'm just a little bit uncomfortable with the motion because it's too specific. I think if Council Member Ford would accept a friendly amendment, I'd like to suggest that we ask the administration to look at the grievance procedure and make sure that there's not a conflict of interest and modify it as needed. I just don't like for this case. For this case. I just don't like kind of binding them to a particular root. I understand the concern, but I think it would be better to ask the administration to look at that and make sure that there's no conflict and set up an alternative for this particular grievance. Council Member K. Not to be argumentative, but this has all been sprung on us tonight. I would like to have some comfort and some assurance that who's going to be in charge of this. And when I look at the hierarchy of the government, it's the seven or eight commissioners, and then they directly report to the CAO. I don't see who else in government would be the appropriate, I mean, in administration, who would be the appropriate point of contact. I guess that's what I'm looking for. I request a direct point of contact in this. It can't be HR because HR reports directly to Commissioner Graham. So it almost, for all the purposes of purposes, would have to resort to be the chief administrative officer. I think it was offered as a friendly amendment, and I don't know that it was. It's a friendly amendment. It's not accepted. I will speak to the, I could make it as an unfriendly amendment. but have moved to amend, if I can, that we direct the administration to construct an alternative in this particular grievance that would eliminate any appearance or reality of a conflict of interest. So move. Okay. There's a motion to amend by Council Member Kay, second by Council Member Akers. Is there any discussion on the motion to amend? All right. Hearing none, we can... Okay. Councilman Ford. I don't really know what that means. When I walk out of this room tonight, there's no clarity. It doesn't say anything. I hate to be that blunt. I don't need the administration to determine if there's a conflict of interest. There's an apparent conflict. Janet said she's in a very uncomfortable... She said it right there. She's the commissioner of law who is the direct report over HR, who has two employees coming before city council. How much worse can that get for an appointing authority? It's a conflict. Where else can it go? Well, it's free speech. If If Does anyone else Council Member Ford Are you finished? Alright Does anyone else Wish to speak to the Motion to amend? Council Member Henson Alright Alright We're on the motion to amend We're ready to take a vote Then on the motion to amend All in favor of the motion to amend Please indicate by saying aye and voting electronically. All right. Motion to... Has everyone voted? All right. All right, the motion to amend passes. All right. So we're ready to vote on the original motion. As amended. So the motion as amended would be for the motion would, Councilman McKay, why don't you help me with the motion? The motion would be to direct the administration to modify the grievance procedure in this particular case to ensure that there's not a conflict of interest. And report then to the Council on that. I mean, that would include some kind of accounting. Okay. And report to the council on what that structure is. Fine. All right. Is everyone clear then on the motion as amended? All right. Is there any further discussion on the motion? Council Member Ford. Commissioner Graham, typically the grievance was filed on February 8th. What is the typical time frame for a regular grievance? Not this one in particular, but what is the time frame for responding to a regular grievance? I don't have the form in front of me, but I believe that I'm supposed to, I think, respond between five and ten days. I think it's, and I'm supposed to meet with the employee before my response. And then I believe there are time frames built into the system as it goes up. So I want to say probably, like, if you go from step one up to step four, I would think it would be resolved in about a month. I mean, it could be resolved within two weeks or so, depending on how quickly each step happens, I guess. I don't know that there's a set amount of time. To be honest, I've not had a lot of experience knowing what each division, how long it takes. Looks like you might be getting some help there. I think in this case it would be seven days to have an answer to the grievance. And do you know how long it takes to go on up to the general? I don't know the answer. I think it would be reasonable to say it could take probably three weeks to get through the process. When will we have a determination, Mayor, from the administration about how this process for this particular grievance is going to go? Tomorrow. That'll work. Okay. Thank you, Mayor, for that commitment. Yes, sir. All right. Council Member Henson, you are speaking to the motion, right, as amended, right? Okay. Yes, ma'am. Yes, I think. I was going to suggest that, yes, we need to take care of this issue right away, and I'll support the amended motion. But I also think that any time, you know, there is a conflict with law or HR, so if there's a grievance filed, So I think we really need to take a look at this ordinance, not that we don't find you trustworthy, but just for future references, I just think it would be a good idea to look at that part of it as well. That's true. And possibly use the CAO's office. I don't know what number we're talking about, how many, but... This is my second one. Okay, okay. I hope not many more. Thank you. All right. No one else has signed on to speak, so we can take a vote. All in favor of the motion as amended, please indicate by saying aye and voting electronically. There we go. Thank you. All right. The vote reflects passage on the motion. All right. Thank you, Commissioner. Thank you. All right, now we can go back to the reading of resolutions. Yes, sir. Resolution number six. Adam Clark. Number six, a resolution ratifying the probationary civil service appointments of Christy Taylor, police analyst, grade 111N, 22.091, hourly in the Division of Police, effective February 11, 2013, Jennifer Holland, paralegal, grade 113N, 20.277, hourly in the Department of Law, effective January 28, 2013, and Denise Washington, Customer Service Specialist, Grade 110 and 17.490 hourly in the Division of Government Communications, effective February 11, 2013. Mattifying the probationary sworn appointments of Kenneth Ragland, Fire Major, Grade 318E, 3,521.79 biweekly, effective January 5, 2013, Eddie Cruz and Michael Farmer, Fire Major, Grade 318E, 3,521.79 biweekly, effective January 11, 2013, Todd Reese, Fire Major, Grade 318E, 300521.79, biweekly, effective January 12, 2013. Joseph Witt, Fire Captain, Grade 316N, 23.039, hourly, effective January 5, 2013. Jeffrey Johnson, Mark Framlage, and Andrew Short, Fire Captain, Grade 316N, 23.039, hourly, effective January 11, 2013. Chris Bartley and Chad Traylor, Fire Captain, Grade 316N, 23.039, hourly, effective January 12, 2013. Robert Hannon, Fire Lieutenant, Grade 315 and 17.740, Hourly, Effective January 4, 2013. Christopher Rudd, Fire Lieutenant, Grade 315 and 17.740, Hourly, Effective January 5, 2013. Jordan Sauce, Adam Sorrell, Matthew Swiderski, and Jeremy Pointer, Fire Lieutenant, Grade 315 and 17.740, Hourly, Effective January 11, 2013. Nathan Settles and Derek Roberts, Fire Lieutenant, Grade 315 and 17.740, Hourly, Effective January 12, 2013. and Robert Forehand, Fire Lieutenant, Grade 315N, 17.740, hourly, effective January 13, 2013, all in the Division of Fire and Emergency Services. Ratifying the approved council leave for Tabitha Hiley, GIS Specialist, Division of Computer Services, beginning February 21, 2013 through March 20, 2013. Ratifying the unclassified civil service appointment of Thomas Blue's Program Specialist, Grade 112E, 100628.08, biweekly, in the Office of the Mayor, effective February 4, 2013. Number seven, a resolution approving the granting and inducement to KD Analytical Consulting, Inc., pursuant to the Kentucky Business Investment Act, KRS Chapter 154.32, whereby the Lexington-Fayette Urban County Government agrees to forego the collection of 1% of the occupational license fees for a term of not longer than 10 years from the activation date, subject to the limitations contained in the Act and any agreement KD Analytical Consulting, Inc., has with the Kentucky Economic Development Finance Authority related to the project, and taking other related action. Number eight, a resolution authorizing the mayor on behalf of the urban county government to execute an exchange of information agreement with the Department of Revenue, Finance, and Administration Cabinet for the Commonwealth of Kentucky at no cost to the urban county government and further authorizing the director of revenue and other personnel to execute any documents related to the confidentiality of such information. Number nine, a resolution authorizing the Division of Waste Management on behalf of the urban county government to purchase six custom sorting fingers discs for the materials recovery facility from MachineX Technologies, Inc., a sole source provider, at a cost not to exceed $31,188. Number 10, a resolution authorizing the mayor on behalf of the urban county government to execute engineering services agreements with 22 pre-qualified engineering firms, HMB Professional Engineers, Inc., Arcadis U.S., Inc., Florence & Hutchison, Inc., Inc., Kentucky Engineering Group, PLLC, CMW, Inc., O'Brien & Gear, Inc., RM Johnson Engineering, Inc., MSC of Kentucky, Inc., Vision Engineering, LLC, Nesbit Engineering, Inc., ECSI, LLC, EA Partners, PLC, Palmer Engineering Company, Howard K. Bell Consulting Engineers, Inc., Ken Byrons, Inc., HDR Engineering, Inc., Strand Associates, Inc., CDP Engineers, Inc., GRW Engineers, Inc., Stantec Consulting Services, Inc., Tetratec, Inc., and Integrated Engineering, PLLC, to provide engineering services for dig and replace pipeline projects, Category 2 of RFP 33, 2012, related to the consent decree remedial measures projects. Number 11, a resolution authorizing the mayor on behalf of the urban county government to execute a release of easement releasing a portion of a utility easement on property located at 3600 Winthrop Drive. Number 12, a resolution authorizing the mayor on behalf of the urban county government to execute and submit a grant application to the Commonwealth of Kentucky Office of Highway Safety to provide any additional information requested in connection with this grant application and to accept this grant if the application is approved, which grant funds are in the amount of $10,000 federal funds, are for click-it or ticket safety belt enforcement mobilization, the acceptance of which does not obligate the urban county government for the expenditure of funds, and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 13, a resolution authorizing the mayor on behalf of the urban county government to execute a partial release of storm sewer easement, releasing a portion of a storm sewer easement on property located at 1146 Monarch Drive. Number 14, a resolution authorizing the mayor on behalf of the urban county government to execute change order number two to the contract with Clonch Construction, LLC, for Meadows Northland Arlington Public Improvements Project Phase 3D, increasing the contract price by the sum of $26,439.86 from $809,238.90 to $835,678.76. Number 15, a resolution ratifying the unclassified civil service appointment of Richard Maloney, Commissioner of Environmental Quality and Public Works, Grade 211E-4,616, biweekly, effective January 23, 2013. Number 16. A resolution changing the street names and property address numbers of 1637 Courtney Avenue to 601 Appletree Lane, of 2280 Thunderstick Drive to 2255 Winnavista Road, of 2051 Capstone Drive to 2031 Georgetown Road, of 333 Deshay Road to 1226 Ghent Road, of 1504 Colesbury Circle to 547 West New Circle Road, and of 1676 McGrathiana Parkway to 1000 Tempur Way, and changing the property address number of 604 East High Street to 602 East High Street, of 324 to 334 South Martin Luther King Boulevard to 326 South Martin Luther King Boulevard, of 346 to 380 South Martin Luther King Boulevard to 344 South Martin Luther King Boulevard, and of 1104 Stilwell Avenue to 1100 Stilwell Avenue, all effective 30 days from passage. Number 17, a resolution authorizing the mayor on behalf of the urban county government to execute an agreement granting additional responsibility pursuant to KRS 198B.0605 with the Commonwealth of Kentucky's Department of Housing, Buildings, and Construction specifying the enforcement responsibilities within the Lexington Fayette County at no cost to the urban county government. Number 18, a resolution authorizing and directing the mayor on behalf of the urban county government to execute and submit two grant applications to the Kentucky Transportation Cabinet to provide any additional information requested in connection with these grant applications and to accept the grants if the applications are approved, which grant funds are in the amount of $215,000 federal funds, are for the Traffic Safety Program, $165,000, and the Speed Enforcement Project, $50,000, 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 19, a resolution approving the granting of an inducement to Webasto Roof Systems Incorporated pursuant to the Kentucky Business Investment Act, KRS Chapter 154.32, whereby the Lexington Fayette Urban County Government agrees to forgo the collection of 1% of the occupational license fees for a term of not longer than 10 years from the activation date subject to the limitations contained in the Act and any agreement Webasto Roof Systems, Inc. has with the Kentucky Economic Development Finance Authority related to the project and taking other related action. Number 20, a resolution approving the unclassified civil service appointment of Sally Hamilton, Chief Administrative Officer, Grade 213E, 4039, biweekly in the Office of the Chief Administrative Officer, effective January 23, 2013. And number 21, a resolution ratifying the unclassified civil service appointment of Jeffrey Reed, Commissioner of General Services, Grade 210E, 4038.48, biweekly, effective January 23, 2013. Thank you, Madam Clerk. Is there a motion to approve? No, I'm correct. Motion by Council Member Stennett, second by Council Member Myers. Is there any discussion on the motion? Council Member Wallace. Thank you, Mayor. On number 16, changing 333 Deshay Road to 1226 Ghent Road. While this is not in my district, it directly affects me because if you type in my address to get directions from just about anywhere, and I live on the north side of Maine, it takes people over to Deshea Road to Ghent Avenue, which nobody even knows exists. So we had made a motion, I think, to put into committee a look at the process for the address board. and I just want to this is first reading I just want to make that comment and see if we could get some more information about that and I'm tired of all the delivery people calling me after 13 years of my street name change saying I'm over on Deshay Road thank you yes ma'am Council Member Farmer I have some information I would add I understand the council member's frustration. In this particular instance, this address change was motivated by the property owner who tore down the original property that faced Deshaies and has now built back a newer, of course it's newer, it's brand new, built back a new home that faces Ghent rather than faces Deshaies. So there's a very logistic reason for this to have come through. I do understand the council member's frustration, but I can speak to this one specifically because it is in the 5th District and I understand it. Thank you. Thank you for that clarification. Would you show me exactly where Gint Road is because I still can't find it. Let's order a pizza. We can, but it won't get to my house. Mr. Boy Scouts had stayed for this. All right. If there's no further discussion, then we're ready for a vote, and this is a roll call. So, Madam Clerk, please call the roll. Mr. Farmer? Yes on all. Mr. Ford? I vote no on number six. I support the incumbents, but I abstain on 16, 20, and 21. I vote no on all the rest. Yes on the rest of the resolutions or no on the rest of the resolutions? Vote no on all the rest. Staying on 16, 20, and 21. And vote no on all the rest. I don't cast a yes vote at all. Okay. Oh. All right. Ms. Gordon? Aye. Ms. Henson? Yes. Mr. K? Yes. Mr. Lane? Yes. Ms. Lawless? Yes on all and abstain on 16 because it directly affects my late night deliveries. Thank you. Ms. Mazzotti? No on number 15. No on number 20. Yes on the rest. Thank you. Mr. Myers? Yes. Ms. Scotchfield? Yes. Mr. Stennett? Yes, ma'am. Ms. Akers? Yes, hello. Mr. Beard? Aye. Mr. Clark? Yes. Mr. Ellinger? Yes. Thank you. The vote. Thank you, Madam Clerk. The vote reflects passage of the motion. All right. When you're ready, Madam Clerk, please go ahead and give us the first read on resolution. This one's there. Number 24, a resolution accepting the bid of Martin Sanitation Service, Inc., establishing a price contract for portable restrooms for the Division of Parks and Recreation. Number 25, a resolution accepting the bid of Churchill McGee, LLC, in the amount of $1,094,520 for the Carver Community Center renovation for the Department of General Services and authorizing the mayor on behalf of the Urban County Government to execute an agreement with Churchill McGee, LLC, related to the bid. Number 26. Thank you. Kolova, Adam Brown, Blake Leathers, Kevin Paddock, Miles Meehan, Logan Smith, Kevin Preston, James Ayers, Glenn Wagner Jr., Charles Farley III, Elizabeth Ruiz, Matthew Laney, Daniel Marino, Jeremy Wilson, Benjamin Helsby, Monica Rosalski, Andrew Thompson, Stephen Newton, Milton Ashby, Michael Hagan, Jason Millay, Milshell Patton, James Powell, Delbert Hunter, Matthew Good, Mackenzie Willoughby, Christopher Johnson, Robert Gray, Lance Green, Antonio Muniz II, Bradley Toadvine, Jordan Truitt, Ronald Jones, Jr., Brian Cobb, Douglas Winady, Jeffrey Horn, Jordan Tyree, and Connor Trumbull, police officer, grade 311N, 17.649 hourly, all in the Division of Police, all effective upon passage of counsel. Authorizing the Division of Human Resources to make a conditional offer to the following unclassified civil service appointment. William Azevedo, construction manager, grade 122E, 3991.84 biweekly in the Department of Environmental Quality and Public Works, effective upon passage of counsel, authorizing the Division of Human Resources to make a conditional offer to the following unclassified civil service appointment, Stephen Pracht, Council Staff Specialist, Grade 110N, 14.500, hourly, in the Office of the Urban County Council, effective upon passage of counsel. Number 27, a resolution ratifying the probationary civil service appointments of Yvonne Brown, Staff Assistant Senior, Grade 108N, 14.071, hourly in the Division of Human Resources, effective February 25, 2013. Dave Toombs, Fleet System Manager, Grade 116E, 1,880.32 biweekly in the Division of Facilities and Fleet Management, effective February 1, 2013. Richard Boone, Program Manager, Senior, Grade 120E, 2,976.32 biweekly in the Division of Waste Management, effective February 11, 2013. James McCarty, Public Service Supervisor, Senior, Grade 114E, 1,699.28 biweekly in the Division of Waste Management, effective February 11, 2013. Relisha Howard, Life Skills Program Specialist, Grade 113E, 1,436.40 biweekly, in the Division of Community Corrections, effective February 11, 2013. Ratifying the unclassified civil service appointment of Lee Shotton, Probation Officer Juvenile, Grade 112N, 19.490 hourly, in the Division of Youth Services, effective February 25, 2013. Ratifying the unclassified civil service salary adjustment of Jessica Gies, Aid to Counsel, grade 000E from 2098.80 biweekly to 2131.36 biweekly in the Council office, effective January 28, 2013. Number 28, a resolution authorizing the Mayor on behalf of the Urban County Government to execute change order number 6, final to the contract with Woodall Construction Company for the Clays Mill Road Improvements Project, increasing the contract price by the sum of $183,901.23 from $3,750,690.60 to $3,934,591.83. Number 29, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute and submit a grant application to the Kentucky Division of Waste Management and to provide any additional information requested in connection with this grant application, which grant funds are in the amount of $15,000 Commonwealth of Kentucky funds under the Kentucky Waste Tire Crumb Rubber Grant Program and are for installation of a bonded rubber service at Kenwick Playground. Number 30, a resolution amending Section 2 of Resolution No. 633-2012 relating to the bid acceptance of Smith Contractors Incorporated for the West Hickman Wastewater Treatment Plant odor control improvements to change the accounting line from 4003-303-403-92711 to 4003-303-401-92711. Number 31, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an agreement with the Commonwealth of Kentucky Transportation Cabinet for reimbursement for sanitary sewer improvements on 4th Street at a cost not to exceed $793,064. Number 32, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a release of easement releasing a temporary construction easement on property located at 233 Ruscio Way. Number 33, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a release of easement releasing two temporary construction easements and a temporary access easement on property located at 225 Roussio Way. Number 34, a resolution authorizing the mayor on behalf of the Urban County Government to execute change order number one to the Consultant Services Agreement with RCC Consultants Incorporated for technical services related to the Public Safety Radio System Project, increasing the contract price by the sum of $19,406.97 from $35,820 to $55,226.97. Number 35, a resolution authorizing the mayor on behalf of the urban county government to execute a memorandum of agreement with Kentucky Community and Technical College System on behalf of Bluegrass Community and Technical College for lease of the McGowan Building at a cost not to exceed $89,239 for fiscal year 2014 subject to appropriation by council. Number 36, a resolution authorizing and directing the mayor on behalf of the urban county government to execute agreements with March Madness Marching Band, $625, and Lexington Women's Club, $650, for the office of the urban county council at a cost not to exceed the sums stated. Number 37, a resolution authorizing the mayor on behalf of the urban county government to execute an agreement with PFM Asset Management, LLC, to provide various services for the Department of Finance at a cost not to exceed $12,500. Number 38, a resolution authorizing and directing the Mayor on behalf of the Irving County Government to execute necessary documents and accept a deed conveying a permanent easement across the property located at 2000 St. Christopher Drive for the Idle Hour and North Stormwater Improvements Project at a cost not to exceed $1,400 plus usual and appropriate closing costs. Number 39, a resolution accepting multiple responses to RFP No. 24, 2012, Comprehensive Commercial Banking Services for the Department of Finance and authorizing the mayor on behalf of the Lexington Fayette-Urban County Government to execute agreements and any other necessary documents related to the RFP with J.P. Morgan Chase Bank in a U.S. Bank National Association, Elevon Incorporated, and any related affiliates at a total estimated cost not to exceed $110,000 for fiscal year 2014. Number 40, a resolution authorizing the mayor on behalf of the Urban County Government to execute an agreement with Omnisource Integrated Supply LLC for the WebEOC coordinator services using funds awarded under the Chemical Stockpile Emergency Preparedness Program at a cost not to exceed $53,000. Number 41, a resolution authorizing the mayor on behalf of the urban county government to execute a contract with benefits insurance marketing to provide a review of voluntary insurance for a one-year term beginning February 1, 2013 for the urban county government. And number 42, a resolution requesting that the Kentucky General Assembly consider adopting legislation granting the Lexington-Fayette Urban County Government Ethics Commission authority to issue administrative subpoenas in relation to ethics complaints, hearings, and other matters. Thank you, Madam Clerk. Are there any motions for second reads? Wait a second. Council Member Sidi. I'm sorry. Number 26, please. Motion on number 26. Is there a second? Second. Second by Council Member Sidi, second by Council Member Farmer. Is there any discussion on the motion? All in favor, please indicate by saying aye. Opposed, no. Motion carries. Council Member Scotchfield. Motion for a second reading on 42. Motion on number 42. Is there a second? Second. Second by Council Member Wallace. Is there any discussion on the motion? All right. Hearing no, we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Council Member Stennett. Thank you, Mayor. Motion on number 27 for second reading to confirm the appointments. Motion by Council Member Stennett on number 27 for a second read, second by Council Member K. 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. All right. Mr. Farmer. Council Member Farmer. Thank you, Mayor. I wasn't unable to ring in. I'm sorry. I was going to ask for the suspension of the rules on number 29. This is for the Kenwick playground with the chrome rubber application. Second. Thank you. Motion by Councilman Farmer, seconded by Councilman Lawless. Is there any discussion on the motion? Okay. Hearing none, we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. All right. Commissioner? The administration would request a second reading on number 35. Number 35? Woodgrass Technical College. Motion by Council Member Stenet, seconded by Council Member Henson. 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. All right. Looks like that's all of the motions. So, Madam Clerk, when you're ready, please give us a second to read. Resolution number 26 for second reading. A resolution authorizing the Division of Human Resources to make a conditional offer to the following probationary civil service appointments. Michael Galavati, Municipal Engineer Senior, Grade 119E, 200929.44 biweekly in the Division of Engineering, effective upon passage of counsel. Antonio Mack, Public Service Worker, Grade 106N, 11.245 hourly in the Division of Parks and Recreation, effective upon passage of counsel. Christopher Tuton, Public Service Worker, Grade 106N, 12.486 hourly in the Division of Parks and Recreation, effective upon passage of counsel. Lindsay Luker, Accountant, Grade 113E, 1,359.44 biweekly in the Division of Accounting, effective upon passage of counsel. Authorizing the Division of Human Resources to make a conditional offer to the following probationary sworn appointments. Samuel Murdoch, Police Lieutenant, Grade 317E, 3,025.15 biweekly. Christopher Dieringer, Brian Peterson, and Alan Culver, Police Sergeant, Grade 315N, 28.588 hourly. Travis Holt, Brian Baker, William Bellamy, Daniel Kimball, Deliana Nikolova, Adam Brown, Blake Leathers, Kevin Paddock, Miles Meehan, Logan Smith, Kevin Preston, James Ayers, Glenn Wagner Jr., Chris Farley III, Charles Farley III, excuse me, Elizabeth Ruiz, Matthew Laney, Daniel Marino, Jeremy Wilson, Benjamin Helsby, Monica Rozalski, Andrew Thompson, Stephen Newton, Milton Ashby, Michael Hagen, Jason Millay, Michelle Patton, James Powell, Delbert Hunter, Matthew Good, Mackenzie Willoughby, Christopher Johnson, Robert Gray, Lance Green, Antonio Muniz, second, Bradley Toadvine, Jordan Truett, Ronald Jones, Jr., Brian Cobb, Douglas Winady, Jeffrey Horn, Jordan Tyree, and Connor Trumbull, police officer, grade 311N, 17.649 hourly, all in the Division of Police, all effective upon passage of counsel. Authorizing the Division of Human Resources to make a conditional offer to the following unclassified civil service appointment, William Azevedo, Construction Manager, Grade 122E, 3991.84 biweekly in the Department of Environmental Quality and Public Works, effective upon passage of counsel, authorizing the Division of Human Resources to make a conditional offer to the following unclassified civil service appointment, Stephen Pracht, Council Staff Specialist, Grade 110N, 14.500 hourly in the Office of the Urban County Council, effective upon passage of counsel. Number 27. February 11, 2013. James McCarty, Public Service Supervisor Senior, Grade 114E, 1,699.28 biweekly in the Division of Waste Management, effective February 11, 2013. Relisha Howard, Life Skills Program Specialist, Grade 113E, 1,436.40 biweekly in the Division of Community Corrections, effective February 11, 2013, ratifying the unclassified civil service appointment of Lee Shotton, Probation Officer Juvenile, Grade 112N, 19.490 hourly in the Division of Youth Services, effective February 25, 2013, ratifying the unclassified civil service salary adjustment of Jessica Gies' aid to counsel, grade 000E, from 2098.80 biweekly to 2131.36 biweekly in the council office, effective January 28, 2013. Number 29. A resolution authorizing and directing the mayor on behalf of the urban county government to execute and submit a grant application to the Kentucky Division of Waste Management and to provide any additional information requested in connection with this grant application, which grant funds are in the amount of $15,000 Commonwealth of Kentucky funds under the Kentucky Waste Tire Crumb Rubber Grant Program and are for installation of a bonded rubber surface at Kenwick Playground. Number 35. A resolution authorizing the Mayor on behalf of the Urban County Government to execute a memorandum of agreement with Kentucky Community and Technical College System on behalf of Bluegrass Community and Technical College for lease of the McGowan Building at a cost not to exceed $89,239 for fiscal year 2014, subject to appropriation by Council. Number 42. A resolution requesting that the Kentucky General Assembly consider adopting legislation granting the Lexington-Fayette Urban County Government Ethics Commission authority to issue administrative subpoenas in relation to ethics complaints, hearings, and other matters. Move approval. Second. Thank you, Madam Clerk. Motion by Council Member Lane, seconded by Vice Mayor Gordon. Is there any discussion on the motion? All right. Hearing none, then we can take a vote. Madam Clerk, please call the roll. Mr. Farmer? Yes on all. Mr. Ford is absent. Ms. Gordon? Aye. Ms. Henson? Yes. Mr. Kade? Yes. Mr. Lane? Yes. Ms. Lawless? Yes. Ms. Mazzotti? Yes. Mr. Myers? Yes. Ms. Gutchfield? Yes. Mr. Stennett? Yes, ma'am. Ms. Akers? Ms. Akers? Yes. Thank you. Mr. Beard? Mr. Beard? Aye. Thank you. Mr. Clark? Yes. And Mr. Elliger? Yes. Thank you. Thank you, Madam Clerk. The vote reflects passage of the motion. Next on our agenda, communications from the mayor. Is there a motion? Move approval. Motion by Vice Mayor Gorton, second by Council Member Myers. Floor is available for discussion, Council Member Beard. Thank you, Mayor. Just something that seemed a little strange to me, and that was the Sarah Tate appointment and the comment property owner within Fayette County. Is that to assume that she's not a resident of Fayette County? I was wondering the same thing. I've got no problem with Sarah Tate. I've known her for 40 years at least. I think you have. Oh, Commissioner Rouse. Yeah, she walks here. Commissioner Paulson. She is not a resident of Fayette County, but that is not a restriction on this. Oh, well, that's fine. I just had never seen it before, Derek. That was just an information to let you guys know that she's not, but she's been a long-time architect here in Lexington. Oh, I've known her, as I say, before. We're very excited to have her. I don't blame you. I would be, too. A taxpayer. Yes. All right. Okay. Any further discussion on the motion? All right. Then we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. The next item on our agenda is for information only, communications. Next on our agenda, reports. This is a FYI, no action is required on the reports either. Announcements. We do have two disciplinary items from police before the council. Commander Armstrong. Yes, sir. Thank you, Mayor, ladies and gentlemen of the Council. I'm here tonight to discuss two disciplinary issues, matters that have been addressed, formal recommendations have occurred, and an agreement of conformity has been reached in each. The first is in regards to Officer Brian Taylor, employee number 42227, as he has been found to be in violation of General Order 7315H, to wit, violation of divisional rules, which involved improper actions on his partner off-duty employment situation where he assisted in case preparation in a criminal case in another county. Based on those findings, it has been recommended that Officer Taylor receive a formal letter of reprimand to be placed in his permanent file. In the second matter, Lieutenant Edward Hart, employee number 31225, has been found to be in violation of General Order 73-2H, and more specifically, misconduct and unsatisfactory performance. which is involved improper and unprofessional remarks made by Lieutenant Hart on a social media site. Based on these actions, it has been recommended that Lieutenant Hart receive 160 hours of suspension. Commander, thank you. Can you give us, if you would, give us the name of the first officer and then we'll vote on the motion. Officer Brian Taylor. All right. So we'll approve. Second. Motion to approve by Council Member Ellinger, seconded 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. Motion carries. Commander? Lieutenant Edward Hart is the second. Motion. Is there a motion? No, is that opposed? Motion by Council Member Henson, seconded by, we get a second. Second. Second by Vice Mayor Gordon. Is there any discussion on the motion? Council Member Henson. Thank you, Mayor. Commander Armstrong. Yes, ma'am. Is this like the second occurrence for Lieutenant Hart? I think Commander Pape brought one forward for him just at the last council. I don't believe that's the case. No, ma'am. no other formal action in regards to this type of occurrence has occurred in regards to Lieutenant Hart. Because I remember questioning it. Maybe it was a different Hart. But to the best of my knowledge, this is the first time any formal charges have ever been brought against Lieutenant Hart. Chief. Yes, ma'am. I apologize. Sister Chief. We're not allowed to discuss those disciplinary procedures in formal open settings, so I apologize in discussing those Lieutenant Hart. Sorry about that, ma'am. So it's just approve or disapprove or go into closed session, correct? It's approve or disapprove. The procedure, I'm hearing some conversation about the protocol, and I suspect that Assistant Chief Barnard. Yes, ma'am. It is approved or disapproved as far as the recommendation. And no discussion, actually. Yes, ma'am. I apologize. And then, you know, an appeal could be made. He has signed a letter of conformity accepting that going forward, so he's accepted it, and it's waiting a council approval for his conformity. I was just curious to make sure there wasn't some sort of error if this had been brought before us before. No, ma'am, this is the first time it's been presented to the council. Okay. Thank you. All right. Is there any further discussion on the motion? Council Member Myers. Thank you, Mayor. So you said you can't discuss these in open public. Can you answer the question if he's had any other disciplinary actions in the last year without discussing what they were? I don't believe I can discuss that in those terms. If it had been, it would have been in front of the council in the past, however. But there's several of us up here that think that we remember this name recently. I'm not aware of that. It looks like all of the command staff present, 100%, all three are saying no. So I would suspect that that's a pretty good ratio there. Well, those of us up here feel as strong as if there was. Well, we have a motion before us. We have a second. All right. I'm sure that they will go back and confirm that to satisfy the curiosity. Not right now. I don't think that they've done it. It sounds like to me. All right. We have a motion. We have a second. Is there any further discussion? We have a motion to call the question. Is there a second? Second. All right. Is there any discussion? All right. Then we can call the question. All in favor of the motion, please indicate by saying aye. Aye. Opposed, no. All right. Motion carries. Okay. Thank you. All right. Thank you, Commander. I thought we voted on the motion. I thought we did both. I'm sorry if we didn't. All in favor of the motion, please indicate by saying aye. Aye. Opposed, no? No. All right. Motion carries. All right. The floor is now available for public comments. Mr. Mundys, anybody? All right. There is a motion by Councilor Ellinger to adjourn and second by Vice Mayor Gordon. Unless there is an objection, we will stand adjourned. Thank you. I'm like Coach Gordon.