# Urban County Council Meeting - November 7, 2013 > Auto-transcribed civic record · November 7, 2013 - **Permalink**: https://meetings.lexingtonky.news/meeting/3164 - **Source video**: https://lfucg.granicus.com/player/clip/3164?view_id=14&redirect=true - **Date**: 2013-11-07 - **Last revised**: July 15, 2026 - **Length**: 14,944 words > ⚠️ **Auto-generated content.** Audio from the official Granicus video was auto-transcribed with OpenAI's open-source Whisper large-v3-turbo model, run locally by The Lexington Times. Structured facts were extracted with GPT-4o; the narrative summary was written by Anthropic Claude. Verbatim wording may contain errors. See [methodology](https://meetings.lexingtonky.news/about/methodology) or [report a correction](mailto:editor@lexingtonky.news). --- ## Meeting Overview The Urban County Council met on November 7, 2013, at 6:00 p.m. in the Council Chambers at 200 E. Main St, Lexington, Kentucky, with Mayor Gray presiding. The council took 51 votes and heard 4 public comments during the session. The meeting addressed 51 agenda items, including zoning ordinances, budget amendments, personnel position changes, contract approvals, and resolutions authorizing various municipal agreements and projects. Among the significant actions, the council approved two zoning changes: one modifying conditional zoning restrictions for a High Density Apartment (R-4) zone and another converting a Light Industrial (I-1) zone to a Highway Service Business (B-3) zone. The council deferred consideration of an ordinance amending zoning regulations for tattoo parlors and rehabilitation homes in the Neighborhood Business (B-1) zone. Several personnel-related ordinances were approved, including the abolishment and creation of various positions such as a Traffic Engineer, Attorney, and Parks Naturalist, as well as the creation of an Administrative Officer Senior position. The council approved multiple resolutions accepting bids for equipment and services, including monitor defibrillators from Zoll Medical Corp., patrol rifles from Craig's Firearm Supply, and work shoes from multiple vendors. Infrastructure projects approved included a $2,607,027 contract with MAC Construction & Excavating for the Bob-O-Link Trunk Sewer Replacement Project and change orders for the Carver Community Center Renovation. The council also authorized amendments to agreements with the Kentucky Transportation Cabinet for pedestrian and sidewalk improvement projects. Additionally, the council approved several resolutions related to property transfers, condemnation proceedings for easements, donations of military equipment, and agreements with educational institutions and neighborhood associations. Four ordinances received first reading, including amendments to budget allocations and fire services staffing. The council also approved the Mayor's recommendations for appointments to various boards and commissions. ## Attendance **Present:** Akers, Beard, Clarke, Ellinger, Farmer, Ford, Gorton, Henson, Kay, Lane, Lawless, Mossotti, Myers, Scutchfield, and Stinnett **Absent:** Massadi **Late:** None ## Votes and Decisions **Ordinance 1136-13** — Amending Articles 1, 8, and 12 of the Zoning Ordinance to modify the use of tattoo parlors and rehabilitation homes in the Neighborhood Business (B-1) zone. Motion by Farmer, seconded by Kay. **Outcome: Postponed** [timestamp: 00:12:55] **Ordinance 1133-13** — Changing the zone from a High Density Apartment (R-4) zone with conditional zoning restrictions to a High Density Apartment (R-4) zone with modified conditional zoning restrictions for property at 1167 Appian Crossing Way. Motion by Ellinger, seconded by Gorton. **Passed 14-0** via roll call vote. All members voted in favor: Akers, Beard, Clarke, Ellinger, Farmer, Ford, Gorton, Henson, Kay, Lane, Lawless, Myers, Scutchfield, and Stinnett [timestamp: 00:14:38] **Ordinance 1135-13** — Changing the zone from a Light Industrial (I-1) zone to a Highway Service Business (B-3) zone for property at 2601 and 2617 Regency Rd. Motion by Ellinger, seconded by Gorton. **Passed 14-0** via roll call vote. All members voted in favor [timestamp: 00:14:38] **Ordinance 1098-13** — Amending Section 21-5(2) of the Code of Ordinances to abolish one Associate Traffic Engineer position and create one Traffic Engineer position in the Division of Traffic Engineering. Motion by Ellinger, seconded by Gorton. **Passed 14-0** via roll call vote [timestamp: 00:14:38] **Ordinance 1112-13** — Amending Section 21-5(2) of the Code of Ordinances to abolish one Recreation Supervisor position and create one Parks Naturalist position in the Division of Parks and Recreation. Motion by Ellinger, seconded by Gorton. **Passed 14-0** via roll call vote [timestamp: 00:14:38] **Ordinance 1165-13** — Amending certain budgets of the Lexington-Fayette Urban County Government to reflect current requirements for municipal expenditures and appropriating/re-appropriating funds. Motion by Ellinger, seconded by Gorton. **Passed 14-0** via roll call vote [timestamp: 00:14:38] **Ordinance 1168-13** — Amending Section 22-5(2) of the Code of Ordinances to create one Administrative Officer Senior, Grade 120E, in the Department of Planning, Preservation and Development. Motion by Ellinger, seconded by Gorton. **Passed 14-0** via roll call vote [timestamp: 00:14:38] ## Budget and Financial Actions The meeting approved the following financial actions: **Purchases** * Emergency outdoor warning sirens from Federal Signal Safety and Security Systems for $44,541.25 (Resolution 1114-13) * Flowserve WWR Rotating Assembly Replacement parts for Dewatering Pump #1 at Town Branch Wastewater Treatment Plant from Delaney & Associates for $27,668 (Resolution 1176-13) * Additional inventory specialist services for the Division of Emergency Management/911 under two federal grants from OmniSource Integrated Supply, LLC for $12,000 (Resolution 1170-13) **Contracts** * Background investigation database contract with West Co., CLEAR Services, a Division of Thomson Reuters for $4,944 (Resolution 1130-13) * Bob-O-Link Trunk Sewer Replacement Project contract with MAC Construction & Excavating, Inc. for $2,607,027 (Resolution 1200-13) * Century Hills Trunk Sewer Replacement Program contract with Todd Johnson Contracting, Inc. for $1,131,904.45 (Resolution 1199-13) * Food services operating agreement with Aramark Correctional Services, LLC for the Division of Community Corrections for $906,304 (Resolution 1166-13) **Contract Amendments** * Change Order No. 4 to the Carver Community Center Renovation contract with Churchill McGee, LLC for $163,959.83 (Resolution 1131-13) * Change Order No. 1 (Final) to the Cardinal Lane Stormwater Improvements Project contract with Walter Martin Excavating, Inc. for $9,094.47 (Resolution 1150-13) **Grants and Cost-Sharing** * Cost-sharing agreement revision with Transylvania University for sidewalk reconstruction for $400,000 (Resolution 1174-13) * Grant from the U.S. Department of Justice under the State Criminal Alien Assistance Program (SCAAP) for $53,662 (Resolution 1137-13) ## Public Comment **Bernard McCarthy** [timestamp: 01:41:48] addressed concerns regarding Rupp Arena and the Complete Streets Policy. Mr. McCarthy argued against freeing Rupp Arena, stating that doing so would hurt downtown tourism. Regarding the Complete Streets Policy, he advocated for adding bike lanes without removing existing car lanes, emphasizing that streets must be designed to accommodate weather-dependent transportation modes. **Council Member Farmer** [timestamp: 01:44:01] reported on Environmental Commission Awards and an e-newsletter update. He announced that the Corridors Commission received an award for stone fence work. Council Member Farmer also noted that a technical upgrade delayed the release of an e-newsletter. **Council Member Scotchfield** [timestamp: 01:45:05] spoke about community engagement and a preschool fair. He praised the East Sector Police for their community involvement efforts. Council Member Scotchfield announced the fifth annual Lexington Preschool Fair, which will be held at Emanuel Baptist Church. **Council Member Lawless** [timestamp: 01:46:23] commented on the Lexington Farmers Market and congratulated a colleague. He expressed enthusiasm about the Lexington Farmers Market operating year-round at the Fifth Third Pavilion and congratulated Council Member Farmer on his new e-newsletter initiative. ## Appointments The following individuals were appointed to various boards and commissions: * Angela D. Campbell was appointed to Bluegrass Crimestoppers * James L. Dickinson was appointed to the Board of Architectural Review * Brooke S. Brown was appointed to CASA * Vanessa A. Sanford was appointed to the Dunbar Neighborhood Center Board * Jason B. Robinson was appointed to the Environmental Commission * Thaer O. Qasem was appointed to the Human Rights Commission ## Contested Items **Bob-O-Link Trunk Sewer Replacement Project Award** A procedural dispute arose regarding the award of the Bob-O-Link Trunk Sewer Replacement Project. The $2.6 million contract was awarded to MAC Construction & Excavating, Inc., but this decision was challenged by Free Contracting, which had submitted a competing bid. Free Contracting's bid totaled $2.36 million—approximately $240,000 lower than the awarded amount. However, Free Contracting's submission contained a mathematical error in its unit pricing. The dispute centered on whether this error should be waived to allow Free Contracting's bid to proceed, or whether the procurement process should be followed strictly according to established procedures. A motion was made to remove the project from the award to MAC Construction and rebid it, which would have given Free Contracting an opportunity to correct its pricing error. This motion failed with a vote of 4-11, indicating that a majority of the body opposed reopening the bidding process. The debate reflected disagreement over the appropriate balance between strict adherence to procurement rules and consideration of a substantially lower bid that contained a correctable error. The outcome resulted in the contract remaining awarded to MAC Construction & Excavating, Inc. at the $2.6 million amount. ## An Ordinance changing the zone from a High Density Apartment (R-4) zone with conditional zoning restrictions to a High Density Apartment (R-4) zone with modified conditional zoning restrictions [timestamp: 00:14:38] This ordinance proposed to modify the zoning restrictions for property located at 1167 Appian Crossing Way. The change involved converting the existing High Density Apartment (R-4) zone with conditional zoning restrictions to a High Density Apartment (R-4) zone with modified conditional zoning restrictions. Key speakers on this item included Ellinger and Gorton. The discussion centered on the modifications to the conditional zoning restrictions that would apply to the property. The ordinance was approved by a roll call vote of 14-0, with no dissenting votes. ## An Ordinance changing the zone from a Light Industrial (I-1) zone to a Highway Service Business (B-3) zone [timestamp: 00:14:38] This ordinance proposed to change the zoning classification for property located at 2601 and 2617 Regency Road from Light Industrial (I-1) to Highway Service Business (B-3) zone, thereby permitting highway service business use on the parcels. Key speakers on this item included Ellinger and Gorton. The discussion and presentation of this zoning change occurred at approximately 14 minutes and 38 seconds into the meeting. **Outcome** The ordinance was approved by roll call vote with a result of 14-0, indicating unanimous support from the council members present. ## An Ordinance amending Articles 1, 8 and 12 of the Zoning Ordinance to modify the use of tattoo parlors and rehabilitation homes in the Neighborhood Business (B-1) zone [timestamp: 00:12:55] This ordinance proposed modifications to Articles 1, 8, and 12 of the Zoning Ordinance to address the use of tattoo parlors and rehabilitation homes within the Neighborhood Business (B-1) zone. **Key Speakers** Council Member Farmer and Kay participated in the discussion of this agenda item. **Outcome** The ordinance was removed from the docket and referred to the Council Planning and Public Works Committee for further review. Council Member Farmer made the motion to defer the item for additional consideration by the committee. ## An Ordinance amending Section 21-5(2) of the Code of Ordinances, abolishing one (1) position of Associate Traffic Engineer, Grade 115E, and creating one (1) position of Traffic Engineer, Grade 117E [timestamp: 00:14:38] This ordinance proposed to abolish one position of Associate Traffic Engineer, Grade 115E, and create one position of Traffic Engineer, Grade 117E. The reclassification was driven by an incumbent's engineering licensure, which qualified them for the higher-grade position. The ordinance also included retroactive appropriation of funds effective September 23, 2013. **Key Speakers** The discussion involved Ellinger and Gorton, who presented and addressed aspects of the ordinance. **Outcome** The ordinance was approved by roll call vote with a result of 14-0, indicating unanimous support from the council members present. ## An Ordinance amending Section 22-5(2) of the Code of Ordinances, abolishing one (1) position of Attorney, Grade 117E [timestamp: 00:14:38] This ordinance amended the Code of Ordinances to abolish one Attorney position, Grade 117E, while simultaneously creating one Attorney position of the same grade. The measure also amended Section 21-5(2) of the Code of Ordinances and appropriated funds effective November 1, 2013. **Key Speakers** The discussion involved Ellinger and Gorton. **Outcome** The ordinance was approved by roll call vote with a result of 14-0. The measure created a new Attorney position in the Department of Law and appropriated the necessary funds to support this position. ## An Ordinance amending Section 21-5(2) of the Code of Ordinances, abolishing one (1) position of Recreation Supervisor, Grade 110E, and creating one (1) position of Parks Naturalist, Grade 113E [timestamp: 00:14:38] This ordinance proposed to modify the staffing structure within the Division of Parks and Recreation by eliminating one Recreation Supervisor position (Grade 110E) and establishing one Parks Naturalist position (Grade 113E) in its place. **Key Speakers** The discussion involved Ellinger and Gorton. **Outcome** The ordinance was approved by roll call vote with a result of 14-0. The new Parks Naturalist position became effective upon passage of the ordinance. ## An Ordinance amending certain of the Budgets of the Lexington-Fayette Urban County government [timestamp: 00:14:38] An ordinance to amend budgets for the Lexington-Fayette Urban County government and appropriate funds for current municipal expenditures was presented for consideration. **Key Speakers** The ordinance was discussed by Ellinger and Gorton. **Action Taken** The ordinance was approved by roll call vote with a result of 14-0. **Details** The ordinance amended budgets and appropriated and re-appropriated funds pursuant to Schedule No. 22 to reflect current requirements for municipal expenditures. ## An Ordinance amending Section 22-5(2) of the Code of Ordinances, creating one (1) position of Administrative Officer Senior, Grade 120E **Overview** This ordinance proposed to amend Section 22-5(2) of the Code of Ordinances to create one new Administrative Officer Senior position, Grade 120E, within the Department of Planning, Preservation and Development. **Discussion** The agenda item was discussed by council members Ellinger and Gorton [timestamp: 00:14:38]. The specific details of their remarks and any concerns raised during the discussion are not documented in the available meeting materials. **Outcome** The ordinance was approved by roll call vote with a result of 14-0, indicating unanimous support from the council members present. ## An Ordinance amending Section 21-5(2) of the Code of Ordinances, abolishing one (1) Position of Public Service Worker [timestamp: 00:15:43] This ordinance proposed an amendment to Section 21-5(2) of the Code of Ordinances to abolish one position of Public Service Worker, Grade 106N, within the Division of Parks and Recreation. **Key Speaker** Ellinger presented this agenda item to the council. **Action Taken** The ordinance was given first reading and ordered placed on file for two weeks of public inspection. This procedural step allows for community review before the measure proceeds to subsequent readings and potential final passage. ## An Ordinance amending certain of the Budgets of the Lexington-Fayette Urban County Government [timestamp: 00:15:43] An ordinance to amend certain budgets of the Lexington-Fayette Urban County Government to reflect current requirements for municipal expenditures was presented for consideration. **Presentation and Discussion** Ellinger presented the ordinance during the meeting. **Outcome** The ordinance was given first reading and ordered placed on file for two weeks of public inspection, allowing for community review before further action. ## An Ordinance amending Subsections 18C-13(1) and (3) of the Code of Ordinances of the Lexington-Fayette Urban County Government [timestamp: 00:15:43] This ordinance proposed amendments to the Code of Ordinances regarding the composition of a governing body by increasing membership to twenty members and adding two members from the Division of Fire and Emergency Services. **Key Speaker** Ellinger presented this agenda item to the body. **Action Taken** The ordinance was given first reading and ordered placed on file for two weeks of public inspection. This procedural step allows for public review and comment before the ordinance can proceed to subsequent readings and final consideration. ## An Ordinance amending Section 16-14(c) of the Code of Ordinances related to Special Collections This ordinance proposed amendments to Section 16-14(c) of the Code of Ordinances to clarify the procedures for calls made regarding requested special pickups. **Presentation and Discussion** Ellinger presented the ordinance at approximately 15:43 in the meeting. The measure focused on clarifying language within the existing ordinance section governing special collection pickups. **Outcome** The ordinance received its first reading and was ordered placed on file for two weeks of public inspection, allowing for community review before further consideration. ## A Resolution accepting the bid of Zoll Medical Corp., establishing a price contract for monitor defibrillators [timestamp: 00:27:05] The body considered a resolution to accept the bid of Zoll Medical Corp. and establish a price contract for monitor defibrillators for the Division of Fire and Emergency Services. Key speakers on this item included Ellinger and Scutchfield. The resolution was presented for approval without recorded objections or substantive debate during the meeting discussion. The resolution was approved by unanimous roll call vote, with all 15 members voting in favor (15-0). ## A Resolution accepting the bid of the Trophy Center, establishing a price contract for Trophies, Plaques and Silver [timestamp: 00:27:05] The council considered a resolution to accept the bid of the Trophy Center and establish a price contract for trophies, plaques, and silver items for the Division of Parks and Recreation. Key speakers on this agenda item included Ellinger and Scutchfield. The resolution was presented for consideration by the council members. The resolution was approved by unanimous roll call vote with a final count of 15-0, indicating full council support for accepting the Trophy Center's bid and establishing the price contract for the requested items. ## A Resolution accepting the bids of Baumann Paper Co., Inc., and Lexington Food Service, Inc. This resolution established price contracts for concession products through the Division of Parks and Recreation by accepting bids from two vendors. **Key Speakers** The discussion involved Ellinger and Scutchfield. **Outcome** The resolution was approved by unanimous roll call vote with a final count of 15-0. ## A Resolution accepting the bid of Craig's Firearm Supply, Inc., establishing a price contract for Patrol Rifles [timestamp: 00:27:05] The council considered a resolution to accept a bid from Craig's Firearm Supply, Inc. for the establishment of a price contract for patrol rifles for the Division of Police. **Key Speakers** Ellinger and Scutchfield were the primary speakers on this agenda item. **Outcome** The resolution was approved by unanimous roll call vote, with all 15 council members voting in favor (15-0). ## A Resolution accepting the bids of Bluegrass Uniforms and Equipment; Ky. Uniform [timestamp: 00:27:05] The council considered a resolution to accept bids for work shoes from three vendors: Bluegrass Uniforms and Equipment, Ky. Uniforms, Inc., and National Workwear. The resolution would establish price contracts for work shoes for various departments. Key speakers on this agenda item included Ellinger and Scutchfield. The resolution was approved by unanimous roll call vote, with all 15 council members voting in favor. ## A Resolution ratifying the probationary civil service appointment of: Brittany W This resolution ratified the probationary civil service appointment of Brittany West to the position of Computer Systems Manager Sr., Grade 120E. [timestamp: 00:27:05] The resolution was presented by key speakers Ellinger and Scutchfield. The item encompassed ratification of multiple probationary and permanent civil service appointments and leave approvals as a single resolution. The resolution was approved by unanimous roll call vote with a final tally of 15-0. ## A Resolution authorizing and directing the Mayor, on behalf of the Urban County Government, to execute an Amendment to Agreement with the Ky. Transportation Cabinet [timestamp: 00:27:05] The Urban County Government considered a resolution to authorize the Mayor to execute an amendment to an existing agreement with the Kentucky Transportation Cabinet regarding the Southland Drive Pedestrian Improvements Project. **Key Speakers** The discussion was led by Ellinger and Scutchfield. **Action Taken** The resolution sought to extend the Southland Drive Pedestrian Improvements Project through June 30, 2014. This amendment to the agreement with the Kentucky Transportation Cabinet would allow the project to continue beyond its original timeline. **Outcome** The resolution was approved by unanimous roll call vote with a final count of 15-0, indicating full support from the legislative body. ## A Resolution authorizing and directing the Mayor, on behalf of the Urban County Government, to execute an Amendment to Agreement with the Ky. Transportation Cabinet [timestamp: 00:27:05] The Urban County Government considered a resolution to authorize the Mayor to execute an amendment to an existing agreement with the Kentucky Transportation Cabinet regarding the Loudon Avenue Sidewalk Project. **Key Speakers** The discussion was led by Ellinger and Scutchfield. **Action Taken** The resolution was approved by unanimous roll call vote with a final count of 15-0. The amendment authorized an extension of the Loudon Avenue Sidewalk Project through June 30, 2014. ## A Resolution authorizing and directing the Mayor, on behalf of the Urban County Government, to execute documents for property transfer The council considered a resolution authorizing the Mayor to execute necessary documents to transfer properties located at 509 Chestnut Street and 438 Ohio Street on behalf of the Urban County Government. [timestamp: 00:27:05] **Amendment and Discussion** During consideration of the resolution, an amendment was made to correct the address of one of the properties. The address was changed from 509 Chestnut Street to 569 Chestnut Street. Key speakers on this item included Henson and Gorton. **Outcome** The resolution, as amended, was approved by unanimous roll call vote with a count of 15-0. ## A Resolution changing the street name of 100 Chippen Dale Ct. to 100 Chippendale Ct. [timestamp: 00:27:05] This resolution proposed changing the street name of 100 Chippen Dale Ct. to 100 Chippendale Ct., as part of a broader effort to change multiple street names and address numbers in the Chippen Dale and Bridlewood areas. Key speakers on this item included Ellinger and Scutchfield. The discussion centered on the street name changes being considered for these residential areas. The resolution was approved by unanimous roll call vote with a final tally of 15-0. ## A Resolution authorizing and directing the Dept. of Law to institute condemnation proceedings [timestamp: 00:27:05] This resolution authorized the Department of Law to institute condemnation proceedings in Fayette Circuit Court to obtain permanent sanitary sewer and temporary construction easements at eight properties: - 3973 Tatton Place - 3785 Branham Park - 3805 Branham Park - 3825 Branham Park - 3856 Branham Park - 3896 Branham Park - 3952 Branham Park - 3997 Branham Park The condemnation proceedings were necessary for the Blue Sky Pump Station and Force Main Project. Key speakers on this agenda item included Ellinger and Scutchfield. **Outcome** The resolution was approved by unanimous roll call vote of 15-0. ## A Resolution authorizing and directing the Dept. of Law to institute condemnation proceedings in Fayette Circuit Court to obtain permanent sanitary sewer and temporary construction easements at 376 Bob-O-Link Dr. [timestamp: 00:27:05] The Council considered a resolution authorizing the Department of Law to institute condemnation proceedings in Fayette Circuit Court to obtain permanent sanitary sewer and temporary construction easements at 376 Bob-O-Link Drive. The proceedings were necessary for the Bob-O-Link Sanitary Sewer Improvements Project. Key speakers on this agenda item included Ellinger and Scutchfield. The resolution was approved by unanimous roll call vote with a final count of 15-0. No concerns or objections were raised during the discussion. ## A Resolution authorizing the Div. of Emergency Management/911, on behalf of the Urban County Government, to purchase emergency outdoor warning sirens from Federal Signal Safety and Security Systems [timestamp: 00:27:05] The Urban County Government considered a resolution to authorize the Division of Emergency Management/911 to purchase emergency outdoor warning sirens from Federal Signal Safety and Security Systems. Key speakers on this agenda item included Ellinger and Scutchfield. The resolution was presented for consideration and discussion by the body. The proposal sought authorization for the purchase of emergency outdoor warning sirens to enhance the county's emergency management capabilities. The resolution was approved by unanimous roll call vote with a final count of 15-0, indicating full support from all voting members present. ## A Resolution authorizing and directing the Mayor, on behalf of the Urban County Government, to execute a Partial Release of Easement [timestamp: 00:27:05] The Urban County Government considered a resolution to authorize the Mayor to execute a partial release of a utility easement on property located at 806 and 810 Lochmere Place. **Key Speakers** The discussion involved Ellinger and Scutchfield. **Outcome** The resolution was approved by unanimous roll call vote, with all 15 members voting in favor (15-0). ## A Resolution authorizing the Div. of Waste Management, on behalf of the Urban County Government, to execute a Purchase Order with Kenvirons, Inc. [timestamp: 00:27:05] The Urban County Government considered a resolution to authorize the Division of Waste Management to execute a purchase order with Kenvirons, Inc. for engineering work related to the Haley Pike Landfill Closure. Key speakers on this agenda item included Ellinger and Scutchfield. The resolution addressed the need for professional engineering services to support the closure operations at the Haley Pike Landfill. The resolution was approved by unanimous roll call vote with a final count of 15-0, indicating full support from the legislative body for the purchase order with Kenvirons, Inc. ## A Resolution authorizing the Mayor, on behalf of the Urban County Government, to Execute a Contract with West Co., CLEAR Services [timestamp: 00:27:05] The Urban County Government considered a resolution to authorize the Mayor to execute a contract with West Co., CLEAR Services for a background investigation database. **Key Speakers** The discussion involved Ellinger and Scutchfield. **Action Taken** The resolution was approved by unanimous roll call vote with a final count of 15-0. ## A Resolution accepting the bid of MAC Construction & Excavating, Inc., in the amount of $2,607,027, for the Bob-O-Link Trunk Sewer Replacement Project [timestamp: 00:49:51] This resolution addressed the acceptance of a bid from MAC Construction & Excavating, Inc. for $2,607,027 to complete the Bob-O-Link Trunk Sewer Replacement Project. The agenda item generated significant debate among council members. Key speakers in the discussion included Myers, Ellinger, Slayton, Wickens, and Martin, who raised various concerns and perspectives on the project and bid. During deliberation, a motion was made to remove the item and rebid the project. This motion failed with a vote of 4-11, indicating that a majority of council members did not support reopening the bidding process. Despite the contentious nature of the debate, the resolution ultimately achieved unanimous approval. The final roll call vote was 15-0 in favor of accepting MAC Construction & Excavating, Inc.'s bid for the project. ## A Resolution authorizing the Div. of Human Resources to make a conditional offer This resolution authorized the Division of Human Resources to make conditional offers for probationary civil service appointments. [timestamp: 00:33:13] The resolution was presented by key speakers Henson and Ellinger. The measure sought approval for conditional job offers to candidates for multiple probationary civil service positions. The resolution was approved by unanimous roll call vote, with all 15 members voting in favor (15-0). ## A Resolution ratifying the Probationary Civil Service Appointments of: Tamoy Carter This resolution ratified the probationary civil service appointment of Tamoy Carter to the position of Public Service Supervisor, Grade 111N [timestamp: 00:33:13]. **Key Speakers** The discussion was led by Henson and Ellinger. **Outcome** The resolution was approved by unanimous roll call vote, with a final tally of 15-0. ## A Resolution authorizing the Mayor, on behalf of the Urban County Government, to Execute Change Order No. Four to the Contract with Churchill McGee, LLC, for Carver Community Center Renovation [timestamp: 00:33:13] The Urban County Government considered a resolution to authorize the Mayor to execute Change Order No. Four to the existing contract with Churchill McGee, LLC for the Carver Community Center Renovation project. The change order would increase the contract price by $163,959.83. Key speakers on this agenda item included Henson and Ellinger, who presented and discussed the proposed change order with the governing body. The resolution was approved by unanimous roll call vote with a final count of 15-0, authorizing the Mayor to proceed with executing the change order to the Churchill McGee, LLC contract. ## A Resolution authorizing and directing the Mayor, on behalf of the Urban County Government, to accept a Grant from the U.S. Dept. of Justice [timestamp: 00:33:13] The Urban County Government considered a resolution to authorize the Mayor to accept a federal grant from the U.S. Department of Justice under the State Criminal Alien Assistance Program. The grant amount was $53,662. Key speakers on this agenda item included Henson and Ellinger, who presented and discussed the resolution with the council. The resolution was approved by unanimous roll call vote with a final count of 15-0, indicating full council support for accepting the federal grant. ## A Resolution authorizing the Mayor, on behalf of the Urban County Government, to Accept the Donation of Military Conex Shipping Containers [timestamp: 00:33:13] The Urban County Government considered a resolution to accept a donation of military conex shipping containers valued at $12,000. The resolution was presented to authorize the Mayor to accept this donation on behalf of the government. Key speakers on this agenda item included Henson and Ellinger, who discussed the proposal with the council. The resolution was approved by unanimous roll call vote, with all 15 council members voting in favor of the measure. No objections or concerns were raised during the discussion. **Outcome:** The resolution passed unanimously (15-0), authorizing the acceptance of the $12,000 donation of military conex shipping containers. ## A Resolution authorizing the Mayor, on behalf of the Urban County Government, to Accept the Donation of a Military Surplus M915 Line-Haul Tractor [timestamp: 00:33:13] The Urban County Government considered a resolution to accept the donation of a military surplus M915 Line-Haul Tractor valued at approximately $50,000. Key speakers Henson and Ellinger presented and discussed the agenda item. The resolution sought authorization for the Mayor to accept this military surplus equipment on behalf of the Urban County Government. The resolution was approved by unanimous roll call vote with a final count of 15-0, indicating full support from the legislative body for accepting the donated equipment. ## A Resolution amending previously published Remedial Measures Plan (RMP) implementation schedules [timestamp: 00:33:13] This resolution authorized the re-scheduling of the Idle Hour Trunk Sewer RMP Sanitary Sewer Project. Key speakers on this item included Henson and Ellinger. The resolution was approved by unanimous roll call vote with a final count of 15-0. ## A Resolution authorizing the Mayor, on behalf of the Urban County Government, to Execute Change Order No. One (1) (Final) to the Contract with Walter Martin Excavating, Inc. [timestamp: 00:33:13] The Urban County Government considered a resolution to authorize the Mayor to execute a final change order to the contract with Walter Martin Excavating, Inc. The change order would increase the contract price by $9,094.47. Key speakers on this agenda item included Henson and Ellinger, who presented and discussed the proposed change order. The resolution was approved by unanimous roll call vote, with all 15 voting members in favor (15-0). ## A Resolution authorizing and directing the Mayor, on behalf of the Urban County Government, to execute an Operating Agreement with Aramark Correctional Services, LLC [timestamp: 00:33:13] This resolution authorized the Mayor to execute an operating agreement with Aramark Correctional Services, LLC on behalf of the Urban County Government. The agreement pertained to food services at the Division of Community Corrections. Key speakers on this agenda item included Henson and Ellinger. The resolution was approved by unanimous roll call vote with a final count of 15-0. ## A Resolution authorizing the Urban County Council to approve purchase of additional inventory specialist services [timestamp: 00:33:13] The Urban County Council considered a resolution to authorize the purchase of additional inventory specialist services for the Division of Emergency Management/911. **Key Speakers** Council members Henson and Ellinger were the primary speakers on this agenda item. **Outcome** The resolution was approved by unanimous roll call vote, with all 15 council members voting in favor (15-0). ## A Resolution authorizing and directing the Mayor, on behalf of the Urban County Government, to execute a Contract with the Board of Education of Fayette County, Ky. [timestamp: 00:33:13] The Urban County Government considered a resolution authorizing the Mayor to execute a contract with the Board of Education of Fayette County, Kentucky. The contract pertains to preschool classrooms at the Family Care Center. Key speakers on this agenda item included Henson and Ellinger, who presented and discussed the proposed contract. The resolution was approved by unanimous roll call vote with a final count of 15-0, indicating full support from the legislative body for authorizing the Mayor to proceed with executing the contract on behalf of the Urban County Government. ## A Resolution authorizing the Mayor, on behalf of the Urban County Government, to Execute Cost Sharing Agreement-Revision No. 1 with Transylvania University [timestamp: 00:33:13] The Urban County Government considered a resolution to authorize the Mayor to execute a cost-sharing agreement revision with Transylvania University. This agenda item was identified as Resolution No. 35. Key speakers on this matter included Henson and Ellinger, who presented and discussed the proposed agreement revision with the governing body. The resolution sought approval for the Mayor to execute Cost Sharing Agreement-Revision No. 1 with Transylvania University on behalf of the Urban County Government. **Outcome** The resolution was approved by unanimous roll call vote, with all 15 members voting in favor (15-0). ## A Resolution authorizing and directing the Mayor, on behalf of the Urban County Government, to execute an Agreement with Berea College The Urban County Government considered a resolution to authorize an agreement with Berea College for a student placement program within the Division of Youth Services [timestamp: 00:33:13]. **Key Speakers** The discussion was led by Henson and Ellinger. **Outcome** The resolution was approved by unanimous roll call vote with a final count of 15-0. ## A Resolution authorizing the Div. of Water Quality, on behalf of the Urban County Government, to purchase Flowserve WWR Rotating Assembly Replacement parts [timestamp: 00:33:13] The Urban County Government considered a resolution to authorize the Division of Water Quality to purchase Flowserve WWR Rotating Assembly Replacement parts for the Town Branch Wastewater Treatment Plant. Key speakers on this agenda item included Henson and Ellinger, who presented information regarding the replacement parts needed for the facility's operations. The resolution sought approval for the procurement of these specific replacement components necessary for the wastewater treatment plant's equipment maintenance and continued operation. **Outcome** The resolution was approved by unanimous roll call vote, with all 15 members voting in favor (15-0). ## A Resolution authorizing the Mayor, on behalf of the Urban County Government, to Execute a Standard Agreement for Cost Sharing for the Central Ky. 911 Network [timestamp: 00:33:13] The Urban County Government considered a resolution to authorize the Mayor to execute a standard cost-sharing agreement for the Central Kentucky 911 Network on behalf of the government. Key speakers on this agenda item included Henson and Ellinger. The resolution addressed the establishment of a cost-sharing arrangement for the regional 911 network serving central Kentucky. The resolution was approved by unanimous roll call vote with a final count of 15-0, indicating full support from the legislative body for the Mayor's authorization to enter into the cost-sharing agreement for the Central Kentucky 911 Network. ## A Resolution authorizing the Dept. of Law's execution, on behalf of the Urban County Government, of a unanimous Stipulation and Recommendation (Settlement Agreement) [timestamp: 00:33:13] The Urban County Government approved a resolution authorizing the Department of Law to execute a settlement agreement with Columbia Gas of Kentucky, Inc. on behalf of the government. **Key Speakers** Henson and Ellinger presented and discussed the resolution. **Outcome** The resolution was approved by unanimous roll call vote with a final count of 15-0. ## A Resolution authorizing the Mayor, on behalf of the Urban County Government, to Execute an Agreement with Glendover Neighborhood Association, Inc. The Urban County Council considered a resolution authorizing the Mayor to execute an agreement with Glendover Neighborhood Association, Inc. on behalf of the Urban County Government. [timestamp: 00:33:13] **Key Speakers** Council members Henson and Ellinger participated in the discussion of this agenda item. **Action Taken** The resolution was approved by unanimous roll call vote with a final count of 15-0. ## A Resolution authorizing the Mayor, on behalf of the Urban County Government, to Execute a Memorandum of Agreement with the Farm and Garden Market Cooperative Association, Inc. [timestamp: 00:33:13] This resolution authorized the Mayor to execute a Memorandum of Agreement with the Farm and Garden Market Cooperative Association, Inc. for the operation of a year-round farmers' market at Cheapside Park. Key speakers on this agenda item included Henson and Ellinger. The discussion addressed the establishment of a farmers' market that would operate throughout the year at the designated location. The resolution was approved by unanimous roll call vote with a final count of 15-0, indicating full support from the legislative body for moving forward with the memorandum of agreement and the farmers' market initiative at Cheapside Park. ## A Resolution authorizing and directing the Div. of Traffic Engineering, pursuant to Code of Ordinances Section 18-46, to designate Hiltonia Park as being prohibited to through trucks [timestamp: 00:33:13] This resolution authorized the Division of Traffic Engineering to designate Hiltonia Park as an area prohibited to through trucks, in accordance with Code of Ordinances Section 18-46. Key speakers on this item included Henson and Ellinger. The resolution was approved by unanimous roll call vote, with all 15 members voting in favor. ## A Resolution authorizing and directing the Div. of Traffic Engineering, pursuant to Code of Ordinances Section 18-86 This resolution authorized the Division of Traffic Engineering to install multiway stop controls at the intersection of Shady Lane and McDonald Avenue, in accordance with Code of Ordinances Section 18-86. **Key Speakers** The discussion involved Henson and Ellinger. **Outcome** The resolution was approved by unanimous roll call vote, with all 15 members voting in favor (15-0). ## A Resolution authorizing the Mayor, on behalf of the Urban County Government, to execute an agreement with the Pasadena Neighborhood Association, Inc. [timestamp: 00:33:13] This resolution authorized the Mayor to execute an agreement with the Pasadena Neighborhood Association, Inc. on behalf of the Urban County Government. **Key Speakers** The discussion involved Henson and Ellinger. **Outcome** The resolution was approved by unanimous roll call vote with a final count of 15-0. ## Communications from the Mayor: Recommending appointments to various boards and commissions The Mayor's communications recommending appointments to various boards and commissions were presented for consideration [timestamp: 00:14:00]. **Boards and Commissions** The appointments were recommended for the following boards and commissions: - Bluegrass Crimestoppers - Board of Architectural Review - CASA - Dunbar Neighborhood Center Board - Environmental Commission - Human Rights Commission **Key Speakers** Henson and Scutchfield participated in the discussion of this agenda item. **Outcome** The communications recommending these appointments were approved by unanimous roll call vote, with a final count of 15-0. --- ## Decisions - **Ordinance 1136-13** — postponed: Amending Articles 1, 8, and 12 of the Zoning Ordinance to modify the use of tattoo parlors and rehabilitation homes in the Neighborhood Business (B-1) zone - **Ordinance 1133-13** — passed (14-0): Changing the zone from a High Density Apartment (R-4) zone with conditional zoning restrictions to a High Density Apartment (R-4) zone with modified conditional zoning restrictions for property at 1167 Appian Crossing Way - **Ordinance 1135-13** — passed (14-0): Changing the zone from a Light Industrial (I-1) zone to a Highway Service Business (B-3) zone for property at 2601 and 2617 Regency Rd. - **Ordinance 1098-13** — passed (14-0): Amending Section 21-5(2) of the Code of Ordinances to abolish one Associate Traffic Engineer position and create one Traffic Engineer position in the Div. of Traffic Engineering - **Ordinance 1112-13** — passed (14-0): Amending Section 21-5(2) of the Code of Ordinances to abolish one Recreation Supervisor position and create one Parks Naturalist position in the Div. of Parks and Recreation - **Ordinance 1165-13** — passed (14-0): Amending certain budgets of the Lexington-Fayette Urban County Government to reflect current requirements for municipal expenditures and appropriating/re-appropriating funds - **Ordinance 1168-13** — passed (14-0): Amending Section 22-5(2) of the Code of Ordinances to create one Administrative Officer Senior, Grade 120E, in the Dept. of Planning, Preservation and Development - **Resolution 1103-13** — passed (15-0): Accepting the bid of Zoll Medical Corp. for monitor defibrillators for the Div. of Fire and Emergency Services - **Resolution 1119-13** — passed (15-0): Accepting the bid of the Trophy Center for trophies, plaques, and silver for the Div. of Parks and Recreation - **Resolution 1153-13** — passed (15-0): Accepting the bids of Baumann Paper Co., Inc., and Lexington Food Service, Inc., for concession products for the Div. of Parks and Recreation - **Resolution 1157-13** — passed (15-0): Accepting the bid of Craig’s Firearm Supply, Inc., for patrol rifles for the Div. of Police - **Resolution 1158-13** — passed (15-0): Accepting the bids of Bluegrass Uniforms and Equipment, Ky. Uniforms, Inc., and National Workwear for work shoes for various departments - **Resolution 1155-13** — passed (15-0): Ratifying probationary and permanent civil service appointments and leave approvals - **Resolution 1096-13** — passed (15-0): Authorizing the Mayor to execute an amendment to the agreement with the Ky. Transportation Cabinet for extension of the Southland Dr. Pedestrian Improvements Project through June 30, 2014 - **Resolution 1097-13** — passed (15-0): Authorizing the Mayor to execute an amendment to the agreement with the Ky. Transportation Cabinet for extension of the Loudon Ave. Sidewalk Project through June 30, 2014 - **Resolution 1100-13** — passed (15-0): Authorizing the transfer of properties at 569 Chestnut St. and 438 Ohio St. to Fayette County Local Development Corp. for rental housing for low-income households - **Resolution 1108-13** — passed (15-0): Changing street names and address numbers in the Chippen Dale and Bridlewood areas - **Resolution 1144-13** — passed (15-0): Authorizing the Dept. of Law to institute condemnation proceedings for the Blue Sky Pump Station and Force Main Project - **Resolution 1145-13** — passed (15-0): Authorizing the Dept. of Law to institute condemnation proceedings for the Bob-O-Link Sanitary Sewer Improvements Project - **Resolution 1114-13** — passed (15-0): Authorizing the purchase of emergency outdoor warning sirens from Federal Signal Safety and Security Systems - **Resolution 1118-13** — passed (15-0): Authorizing the Mayor to execute a partial release of easement on property at 806 and 810 Lochmere Place - **Resolution 1127-13** — passed (15-0): Authorizing the Div. of Waste Management to execute a purchase order with Kenvirons, Inc., for engineering work on the Haley Pike Landfill Closure - **Resolution 1130-13** — passed (15-0): Authorizing the Mayor to execute a contract with West Co., CLEAR Services, for background investigation database - **Resolution 1166-13** — passed (15-0): Authorizing the Mayor to execute an operating agreement with Aramark Correctional Services, LLC, for food services at the Div. of Community Corrections - **Resolution 1177-13** — passed (15-0): Accepting the bids of Cunningham Golf Car Co., Inc., and Dever, Inc., for golf carts for the Div. of Parks and Recreation - **Resolution 1182-13** — passed (15-0): Accepting the bids of multiple vendors for traffic signal and control equipment for the Div. of Traffic Engineering - **Resolution 1194-13** — passed (15-0): Accepting the bid of People Plus, Inc., for temporary labor for the Div. of Emergency Management/911 - **Resolution 1197-13** — passed (15-0): Accepting the bid of Robinson Pipe Cleaning Co., for the annual sanitary sewer cleaning program - **Resolution 1198-13** — passed (15-0): Accepting the bid of Advertiser Printers, Inc., for Waste Management Newsletters - **Resolution 1199-13** — passed (15-0): Accepting the bid of Todd Johnson Contracting, Inc., for the Century Hills Trunk Sewer Replacement Program - **Resolution 1200-13** — failed (4-11): Accepting the bid of MAC Construction & Excavating, Inc., for the Bob-O-Link Trunk Sewer Replacement Project - **Resolution 1202-13** — passed (15-0): Authorizing the Div. of Human Resources to make conditional offers to multiple probationary civil service appointments - **Resolution 1203-13** — passed (15-0): Ratifying probationary and permanent civil service appointments - **Resolution 1131-13** — passed (15-0): Authorizing a change order to increase the contract price for Carver Community Center Renovation by $163,959.83 - **Resolution 1137-13** — passed (15-0): Authorizing the acceptance of a $53,662 federal grant under the State Criminal Alien Assistance Program - **Resolution 1141-13** — passed (15-0): Authorizing the acceptance of military conex shipping containers valued at $12,000 from the Ky. Fire Commission - **Resolution 1142-13** — passed (15-0): Authorizing the acceptance of a military surplus M915 Line-Haul Tractor valued at $50,000 from the Ky. Fire Commission - **Resolution 1143-13** — passed (15-0): Amending previously published Remedial Measures Plan (RMP) implementation schedules and authorizing re-scheduling of the Idle Hour Trunk Sewer RMP Sanitary Sewer Project - **Resolution 1150-13** — passed (15-0): Authorizing a change order to increase the contract price for the Cardinal Ln. Stormwater Improvements Project by $9,094.47 - **Resolution 1170-13** — passed (15-0): Authorizing the purchase of additional inventory specialist services for the Div. of Emergency Management/911 under two federal grants - **Resolution 1172-13** — passed (15-0): Authorizing the Mayor to execute a contract with the Board of Education of Fayette County for preschool classrooms at the Family Care Center - **Resolution 1174-13** — passed (15-0): Authorizing a cost-sharing agreement revision with Transylvania University for sidewalk reconstruction - **Resolution 1175-13** — passed (15-0): Authorizing an agreement with Berea College for a student placement program in the Div. of Youth Services - **Resolution 1176-13** — passed (15-0): Authorizing the purchase of Flowserve WWR Rotating Assembly Replacement parts for the Town Branch Wastewater Treatment Plant - **Resolution 1178-13** — passed (15-0): Authorizing a standard agreement for cost sharing for the Central Ky. 911 Network - **Resolution 1180-13** — passed (15-0): Authorizing the Dept. of Law to execute a stipulation and recommendation settlement agreement with Columbia Gas of Ky., Inc. - **Resolution 1190-13** — passed (15-0): Authorizing the Mayor to execute agreements with Glendover Neighborhood Association, Miss Ky. Scholarship Pageant, and Booker T. Washington Primary School PTA - **Resolution 1191-13** — passed (15-0): Authorizing the Mayor to execute a memorandum of agreement with the Farm and Garden Market Cooperative Association for a year-round farmers’ market - **Resolution 1216-13** — passed (15-0): Authorizing the Div. of Traffic Engineering to designate Hiltonia Park as prohibited to through trucks - **Resolution 1217-13** — passed (15-0): Authorizing the Div. of Traffic Engineering to install multiway stop controls at Shady Ln. and McDonald Ave. - **Resolution 1207-13** — passed (15-0): Communications from the Mayor: Recommending appointments to various boards and commissions --- ## Full transcript Music Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Greetings, everyone. Hello. and I'll call the meeting of the council to order. All right. And we will begin with calling the roll. Madam Clerk, please call the roll. Ms. Akers? Here. Mr. Beard? Present. Mr. Clark? Here. Here. Mr. Ellinger? Here. Mr. Farmer? Yes, ma'am. Mr. Ford? Here. Ms. Gordon? Here. Ms. Henson? Here. Mr. Kay? Here. Mr. Lane? Here. Ms. Lawless? Here. Ms. Massadi? Here. Mr. Myers? Here. Ms. Gutchfield? Here. Mr. Stinnett? Yes, ma'am. Thank you. All right. Thank you, Meredith. tonight the pastor Turner was not able to make it tonight with Liberty Worship Center so we regret his absence of course but in in his absence we will stand for a moment of silence as our indication thank you All right. Thank you. All right. Before we begin, we'll be making a special proclamation tonight, and I'll ask Vice Mayor Gordon and any veterans in our audience to please join me at the podium. Thank you. This council and the members of our audience tonight don't need to be reminded because they know that our veterans have given so much to our country over its long 237-year history. Even though some may not wear the uniform today, no longer wear the uniform today, they have been unselfish in their service to our country, to our nation. And veterans deserve our everlasting thanks and appreciation for that service. So I will invite everyone to join, Vice Mayor and me, in remembering those who have fought for our freedoms and thank those who have so bravely protected us. Vice Mayor, would you like to speak? And then together we will read the proclamation. Thank you, Mayor. I just want to thank all of our military veterans for their service to our country. only 1% of our citizens serve in the armed forces. And in our government, we have just over 300 veterans, which is a good amount, a large number. So we want all of our veterans to know how much we appreciate their service. Thank you, Mary. Thank you. Yes, ma'am. Yeah, we're going to take these whereases one at a time, whereas because of the significance. This is a commemoration honoring our veterans in celebration of Veterans Day. Whereas our nation sets aside November 11th of each year as a day to honor American veterans of all wars and. Whereas in Lexington and in Kentucky, we are extremely proud of and thankful for the men and women who have defended our freedom around the world. Whereas there are approximately 339,000 veterans living in Kentucky. and whereas Lexington citizens are encouraged to participate in community events marking Veterans Day, including the inaugural Lexington National Veterans Day run and a Veterans Day service in Phoenix Park. Now therefore we, Jim Gray, Mayor of Lexington, and Linda Gorton, Vice Mayor of Lexington, commemorate the service of our veterans and declare November 2013 as Veterans Month in Lexington. While they're getting back and getting ready specifically, if I might say, three days from today, 39 years ago, I raised my hand and enlisted in the Army, which kind of tells my age, obviously. But there's a saying that my drill sergeant gave me that I've carried with me ever since, for 39 years. I don't know who said it, but it pretty much symbolizes what veterans stand for. A veteran is someone who at one point in their life wrote a blank check made payable to the United States of America for an amount of up to and including their own life. Thank you. Thank you. Thank you. All right. This allows us to move on on our agenda to minutes of the previous meetings. Is there a motion to approve both sets of minutes? Approval. Second. Motion by Council Member Farmer, second by Vice Mayor Gordon. Is there any discussion on the motion? All right. Hearing none, then we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. It allows us to move on to ordinances for a second reading, and I'll ask the clerk to please read the ordinances for a second read. Ordinance number one, an ordinance changing the zone from a high-density apartment R4 zone with conditional zoning restrictions to a high-density apartment R4 zone with modified conditional zoning restrictions for 0.978 net, 1.108 gross acres for property located at 1167 Appian Crossing Way, Harrods Club, LLC, Council District 8. Number 2, an ordinance changing the zone from a light industrial I-1 zone to a highway service business B-3 zone for 1.491 net, 1.929 gross acres for property located at 2601 and 2617 Regency Road, CNR Asphalt Land Acquisition Company, LLC, Council District 10. I believe there may be a motion on number three. Mayor. Council Member Farmer. I move to remove item number three under second reading of ordinances and refer the item back to the Planning and Public Works Committee. So moved. Second. It's a motion by Council Member Farmer, seconded by Council Member Kay. Is there any discussion on the motion? All right. Hearing none, then we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Thank you. Thank you, sir. Madam Clerk, please continue whenever you are ready. Ordinance number four. An ordinance amending Section 2152 of the Code of Ordinances abolishing one position of associate traffic engineer, grade 115E, and creating one position of traffic engineer, grade 117E, and reclassifying the incumbent due to engineering licensure obtainment in the Division of Traffic Engineering and appropriating funds pursuant to Schedule number 23, effective retroactive to September 23, 2013. Number 5. both in the Division of Parks and Recreation, effective upon passage of council. Number seven, 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, is Schedule Number 22. And number eight, an ordinance amending Section 2252 of the Code of Ordinances, creating one position of Administrative Officer Senior, Grade 120E, with a term to expire in three years in the Department of Planning, Preservation, and Development, appropriating funds pursuant to Schedule Number 26, effective upon passage of council. Move to approve. Second. Thank you, Madam Clerk. There's a motion by Councilman Ellinger, seconded by Vice Mayor Gordon, to approve. Is there any discussion on the motion? All right, then, I'll ask the clerk to please call the roll. Ms. Akers? Yes. Mr. Beard? Aye. Mr. Clark? Yes. Mr. Ellinger? Yes. Mr. Farmer? Yes, ma'am. Mr. Ford? Yes. Ms. Gordon? Aye. Ms. Henson? Yes. Mr. Kay? Yes. Mr. Lane? Yes. Ms. Lawless? Yes. Ms. Masadi still absent. Mr. Myers? Yes. Ms. Gutchfield? Yes. And Mr. Stennett? Yes, ma'am. Thank you. Thank you, Madam Clerk. And the vote reflects passage of the motion. That lets us move on to ordinances for our first reading. and it's my understanding that our deputy clerk, Martha Allen, is going to do some first-time work here. There we go. Martha. And read the ordinances. We're with you. Ordinance number nine. An ordinance amending section 21-52 of the Code of Ordinances abolishing one position of public service worker, grade 106N, in the Division of Parks and Recreation, appropriating funds pursuant to Schedule No. 27. 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. 25. Number 11. effective upon passive counsel. And number 12, an ordinance amending section 16-4C of the Code of Ordinances related to special collections to clarify calls made for requested special pickups. All right. Thank you, Martha. Are there any motions for walk-ons or suspensions? All right. Hearing none, then we can move on to resolutions for a second reading. and Meredith, you're back in your traditional seat. Martha, great job. Thank you. Mayor. Just as a heads up, Council Member Henson has a motion, right? Council Member Henson, you have a motion on number nine, a motion to amend, is that right? Yes. Okay. And I thought I would go ahead and amend it prior to reading. Well, okay. It will require another first reading as well. Okay, so when we get to number nine, I'll call on you. You want to do it at that? That's fine. Thank you. All right. Madam Clerk, please proceed. Thank you. Resolution number one, a resolution accepting the bid of Zoll Medical Corporation establishing a price contract for monitored fibrillators for the Division of Fire and Emergency Services. Number two, a resolution accepting the bid of the Trophy Center, establishing a price contract for trophies, plaques, and silver for the Division of Parks and Recreation. Number three, a resolution accepting the bids of Bowman Paper Company, Inc., and Lexington Food Service, Inc., establishing price contracts for concession products for the Division of Parks and Recreation. Number four, a resolution accepting the bid of Craig's Firearm Supply, Inc., establishing a price contract for patrol rifles for the Division of Police. Number five, a resolution accepting the bids of Bluegrass Uniforms and Equipment, Kentucky Uniforms, Inc., and National Workwear, establishing price contracts for work shoes for various departments and divisions of the Urban County Government. Number six, a resolution ratifying the probationary civil service appointment of Brittany West, Computer Systems Manager Senior, Grade 120E, 3301.36 biweekly in the Division of Computer Services, effective upon passage of counsel, ratifying the permanent civil service appointments of Pam Whitaker, Administrative Specialist Principal, Grade 114E, 200240.08, biweekly, in the Division of Planning, effective October 8, 2013. Dan James, Human Resources Analyst, Grade 115E, 2029.12, biweekly, in the Division of Human Resources, effective October 22, 2013. Tiffany Compton, Family Services Center Manager, Grade 116E, 1,659.12, biweekly, in the Division of Family Services, effective September 11, 2013. Chris Taylor, Planner Senior, Grade 117E, 1,818.64 biweekly in the Division of Planning, effective October 8, 2013. Paula Williams, Human Resources Manager, Grade 119E, 2,550.88 biweekly in the Division of Human Resources, effective October 8, 2013. Ratifying the permanent sworn appointments of Kenneth Brown, police officer, grade 311N, 17.649 hourly in the Division of Police, effective October 3, 2013. Kenneth Ragland, Fire Captain, Grade 316N, 24.666 hourly in the Division of Fire and Emergency Services, effective November 4, 2013. Ratifying the approved council leave from Myra Campbell, Staff Assistant Senior in the Division of Water Quality, effective September 23, 2013 through December 23, 2013. Ratifying the unclassified civil service appointment of Jennifer Benningfield, Administrative Officer, Grade 118E, 200538.46 biweekly in the Office of the Chief Administrative Officer, effective November 4, 2013. Number seven, a resolution authorizing and directing the mayor on behalf of the urban county government to execute an amendment to agreement with the Kentucky Transportation Cabinet for extension of the Southland Drive Pedestrian Improvements Project through June 30, 2014 at no cost to the urban county government. Number eight, a resolution authorizing and directing the mayor on behalf of the urban county government to execute an amendment to agreement with the Kentucky Transportation Cabinet for extension of the Loudoun Avenue Sidewalk Project through June 30, 2014 at no cost to the urban county government. All right. Thank you, Madam Clerk. Council Member Henson. Thank you, Mayor. I move to amend item number nine under second reading of resolutions to correct the address of one of the properties to be transferred from 509 Chestnut Street to 569 Chestnut Street. And this will require a new first reading. Second. A motion by Council Member Henson to amend and a second by Vice Mayor Gordon. Is there any discussion on the motion? Okay. Hearing none, then we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Madam Clerk, when you're ready, please give us the first reading. Resolution number nine for first reading. A resolution authorizing and directing the mayor on behalf of the urban county government to execute any documents necessary to transfer the properties located at 569 Chestnut Street and 438 Ohio Street acquired under the Neighborhood Stabilization Program to Fayette County Local Development Corporation for rental housing for low-income households. Number 10. A resolution changing the street name of 100 Chippendale Court, Unit A, to 100 Chippendale Court, Unit A, of 100 Chippendale Court, Unit B, to 100 Chippendale Court Unit B of 102, 104, 105, 106, 108, 109, and 111 Chippendale Court to 102, 104, 105, 106, 108, 109, and 111 Chippendale Court of 200, 204, 208, 212, 216, 220, 224, 228, 232, 236, 240, 244, 248, 251, 252, 256, 260, 264, 268, 272, 276, 280, 284, 288, 292, 296, 300, 301, 303, 304, 305, 307, 308, 309, 311, 312, 313, 315, 316, 317, and 319 Chippendale Circle to 200, 204, 208, 212, 216, 220, 224, 228, 232, 236, 240, 244, 248, 251, 252, 256, 260, 264, 268, 272, 276, 280, 284, 288, 292, 296, 300, 301, 303, 304, 305, 307, 308, 309, 311, 312, 313, 315, 316, 317, and 319. Chippendale Circle. End of 1056, 1057, 1060, 1061, 1064, 1065, 1068, 1069, 1072, 1073, 1076, 1080, 1084, 1088, 1089, 1093, 1096, and 1097 Bridalwood Lane to 1056, 1057, 1060, 1061, 1064, 1065, 1068, 1069, 1072, 1073, 1076, 1080, 1084, 1088, 1089, 1093, 1096, and 1097 Crestfield Lane, changing the property address numbers of 312 South Upper Street to 308 South Upper Street and of 318 South Upper Street to 320 South Upper Street, and changing the street name and property address number of 101 Chippendale Court to 103 Chippendale Court, of 625 South Cleveland Road to 6625 Leanne Lane, of 1211 Manchester Street to 1206 Liggett Street, of 129 151 East High Street to 150 East Vine Street, and of 169 to 201 East High Street to 160 East Vine Street, all effective 30 days from passage. Number 11, a resolution authorizing and directing the Department of Law to institute condemnation proceedings in Fayette Circuit Court to obtain permanent sanitary sewer and temporary construction easements at 3973 Tatton Place, 3785 Branham Park, 3805 Branham Park, 3825 Branham Park, 3856 Branham Park, 3896 Branham Park, 3952 Branham Park, and 3997 Branham Park for the Blue Sky Pump Station and Force Main Project. Number 12, a resolution authorizing and directing the Department of Law to institute condemnation proceedings in Fayette Circuit Court to obtain permanent sanitary sewer and temporary construction easements at 376 Bobolink Drive for the Bobolink Sanitary Sewer Improvements Project. Number 13, a resolution authorizing the Division of Emergency Management 911 on behalf of the urban county government to purchase emergency outdoor warning sirens from Federal Signal Safety and Security Systems, a sole source provider, at a cost not to exceed $44,541.25. Number 14, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a partial release of easement releasing a portion of a utility easement on property located at 806 and 810 Lockmere Place. Number 15, a resolution authorizing the Division of Waste Management on behalf of the Urban County Government to execute a purchase order with Ken Virens Incorporated for additional engineering work and document preparation required for the Haley Pike Landfill Closure Phase 4 for the Department of Environmental Quality and Public Works at a cost not to exceed $40,329.80. Number 16, a resolution authorizing the mayor on behalf of the Urban County Government to execute a contract with West Company, Clear Services, a division of Thomson Reuters for background investigation database at a cost not to exceed $4,944. Thank you, Madam Clerk. Before we take a motion on approving, I believe Council Member Henson, you have the motion to suspend? Yes, sir. All right. I move to suspend the rules and give second reading to number 9, please. Second. Motion by Council Member Henson, seconded by Council Member Ellinger to suspend the rules and give a second reading to number 9. Is there any discussion on the motion? All right. Hearing none, then we take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Madam Clerk, when you're ready, just give us a second reading, please. Yes, sir. Resolution number nine, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute any documents necessary to transfer the properties located at 569 Chestnut Street and 438 Ohio Street acquired under the Neighborhood Stabilization Program to Fayette County Local Development Corporation for rental housing for low-income households. Motion to approve. Second. Motion to approve second reading resolutions by Council Member Ellinger and second by Council Member Scotchfield. Is there any discussion on the motion? All right. Hearing none, then I'll ask the clerk. Meredith, when you're ready, please call the roll. Ms. Akers? Yes. Mr. Beard? Aye. Mr. Clark? Yes. Mr. Ellinger? Yes. Mr. Farmer? Yes, ma'am. Mr. Ford? Yes. Ms. Gorton? Aye. Ms. Henson? Yes. Mr. Kay? Yes. Mr. Lane? Yes. Ms. Lawless? Yes. Ms. Massadi? Yes. Mr. Myers? Yes. Ms. Scotchfield? Yes. Mr. Stenet? Yes, ma'am. Thank you. All right. The motion, the vote reflects passage of the motion, which allows us to move on to resolutions for a first reading. Mayor, I have a walk-on. Councilman Clark. resolution first reading at the appropriate time. I'm sorry, Councilman Clark, you said you have a motion? A walk-on. Okay, walk-on. Thank you. All right. And before we get to it, it's my understanding that there may be a public comment regarding item number 23. Mr. Mundy, is Mr. Mundy here? All right. Mr. Mundy. Oh, Mr. Mundy's not here. Okay. If anyone is here to speak to, if anyone is present today to speak to item 23, when we get to that item, I'll ask you. There are? Okay. All right. Thank you, Mr. Mundy. All right. So when we get to item number 23, if you're here to speak to that item, then I'll recognize you. Is anybody here? Is that okay? All right. So, Madam Clerk, if you'll proceed with the reading of resolutions for our first reading. Thank you. Resolution number 17, a resolution accepting the bids of Cunningham Golf Car Company, Inc., and Deaver, Inc., establishing price contracts for golf carts for the Division of Parks and Recreation. Number 18, a resolution accepting the bids of Traffic Control Products, Inc., Pathmaster, Inc., Baldwin & Sowers, Inc., Traffic Parts, Inc., Quality Traffic Systems, LLC, and Iron Armor, LLC, establishing price contracts for traffic signal and control equipment for the Division of Traffic Engineering. Number 19, a resolution accepting the bid of People Plus Incorporated, establishing a price contract for temporary labor for the Division of Emergency Management 911, and authorizing and directing the mayor on behalf of the Urban County Government to execute any necessary agreement with People Plus Incorporated related to the bid. Number 20, a resolution accepting the bid of Robinson Pipe Cleaning Company, establishing a price contract for the annual sanitary sewer cleaning program for the Division of Water Quality and authorizing the mayor on behalf of the Urban County Government to execute an agreement with Robinson Pipe Cleaning Company related to the bid. Number 21, a resolution accepting the bid of Advertiser Printers Incorporated establishing a price contract for Waste Management Newsletters for the Division of Waste Management. Number 22, a resolution accepting the bid of Todd Johnson Contracting Incorporated in the amount of $1,131,904.45 for the Century Hills Trunk Sewer Replacement Program for the Division of Water Quality and authorizing the mayor on behalf of the Lexington Fayette Urban County Government to execute an agreement with Todd Johnson Contracting Incorporated related to the bid. All right. So I have Mark Leach and Rhonda Fischer to speak to item 22. No, item 23. Item 23. Thank you. Again, my name is Mark Leach. I'm from the law firm of Stites and Harbison. Before that, I was a JAG in the Air Force, and that was an unexpected and appreciated recognition. Thank you all very much. I'm here tonight on behalf of my client, Free Contracting, who's with me here. Rhonda Pfister is the president, and then Fletcher Gabbard is also with her. Free Contracting is a Lexington-based company, a women-owned company. They're based there at Old Frankfurt Pike. And we're here to talk about Item 23, which is the Boba Link Sewer Project, a project that was part of the consent decree that I'm sure everyone is aware of. It's being recommended to be awarded to MAC, a company that is registered with the Secretary of State as a foreign corporation, at a bid price of $2.6 million. But what you won't see in that recommendation is that Free Contracting actually had the lowest bid price. They offered a bid price of $2.36 million, a difference of $240,000. $240,000 real dollars, dollars that I looked at on the first resolutions or the second resolutions, would have paid for most of those projects. So the question is, why is the city being recommended to spend $240,000 more dollars that are needed for other projects? Well, this was a bid that had 105 line items, and they had two columns for unit prices and then the total price for that unit item. 105 line items. I think anybody that's filled out a list can see the mistake that free contracting made, which was for rock removal, their total bid price was $86,800. And then that same amount was $84,800. Then that same amount was put over at the unit price as well. Now the total price of $84,800 was totaled up, just like you would total up any lifts that you have, and that was the total bid price that they offered in their $2.36 million bid. But the bid said that unit price controls. And so the engineer multiplied $84,800 times the 2,600 cubic yards of rock to be removed for a line item of over $200 million for just rock removal. Now, maybe that's reasonable on the moon, but it's not reasonable here in Lexington, and everybody saw that this was a mistake. I can say that because Purchasing called free contracting and said, hey, it looks like you all have a typo on your bid here. And they confirmed, yes, that was a typo. We just used the total price and put it over there on unit price as well. It was one out of 105 line items. Divide $2,600 into $86,000 and you'll get the cubic yard price if that's what you need to do. Instead, the very next day, they put out a public notice that all bids were rejected and they were going to re-bid the project. And then three weeks later, they awarded the contract with this recommendation. They made this recommendation to award to MAC. But as you all know as the council, that contract doesn't get awarded until you all get to decide, and that's why I'm glad for that process here today. We are asking you all to allow for the waiver as a minor irregularity, that unit price of $86,800, and to award the contract to free contracting. We provided a letter. I've got copies here if you all want it. They've cited over a half dozen cases at the federal level and at other state levels where they did this. Public bidding exists to benefit the taxpayers. You all have a fiduciary duty to the taxpayers. And one court said, where the failure to waive the deviation would thwart the aims of the public bidding laws, the municipality is obliged to grant the waiver. This isn't just a matter of common sense. This is a matter of $240,000 that doesn't need to be spent if you award or if you rebid. With that said, I'd like to have the President say a few words, and she's the local taxpayer here for you all. Okay, Rhonda. I won't be as talkative, since I'm not a good public speaker. There were just two points that I wanted to illustrate that I didn't think you would notice when you just read your paperwork, as this is the first reading. And one of those was just that you will be paying $240,000 more for something that could have been waived as an irregularity. But more importantly, in this situation and in the future, your website, you publicly declared that all the bids were rejected, and then you made a later statement on the website saying that it would be awarded to map construction. And I just don't think there is policy in place to ever publicly reject all bids and then decide to award to another person anyone. So I just don't feel like that should happen here or in the future as far as a policy, as far as awarding once all bids have been rejected. Thank you, Rhonda. All right. Thank you all very much. Todd Slayton is. Mayor, I think you had somebody from the other contractor here as well that wanted to speak publicly. All right. All right, let's do that then. All right. Let's just, and as a reminder, just for protocol, we're on a first reading, which reminds us of why we have first readings and second readings. Thank you, Mayor and members of the council. I did not know if I was going to be speaking tonight at all and wasn't sure if this would become an issue at all, so I just wanted to be here. My name is Brian Wickens. I'm actually vice president and also general counsel for MAC Instruction, so I'm not an outside counsel. I'm actually a part of the team, live it, breathe it. And the part that you didn't hear from Mr. Leach just now is it didn't just one day say we're going to reject and rebid this, and then all of a sudden Matt got it. We did what we always do. We looked at this, and the first thing that comes out is it says, hey, there's a mathematical error, and it looks like the next one might cost more. So we always go back, if we're second bidder, we always say if you're not first, be second, because if there's a mistake, you're obviously in a position to get the job. We've been on the reverse side of that many times. We all play by the same rules. We know the rules, and they're laid out for us. That's what the procurement system is for, is to have a level playing field. We go back. We start asking questions. We do an open record request. We start to find out that, yes, they made a significant mathematical error. And throughout this process, and we've dealt with Mr. Slayton and others, they've been wonderful to deal with, explaining this, it's not a cost, an extra cost to go with MAC or that somehow free contracting would provide a savings. It was the wrong number. It was never a correct number. You can't compare a wrong number to a right number and then somehow say that difference is a savings. The other thing you didn't hear is the engineer's estimate on this project was $3 million. Our bid was roughly $2.6 million. We are saving Lexington $400,000 over the engineer's estimate. Then as we proceeded and we did the open records request and we found out what actually their mathematical error was, which you heard Mr. Leach just explain, what he didn't tell you is your bid documents themselves. There's many other arguments, and I won't waste our time on that. But simply put, your bid documents clearly say that if there is a discrepancy, if there is a mistake like this made, it anticipated that could happen, it said your unit prices shall govern. So your hands were tied. And then that's what we had to protest. That's why we did protest. We came and met. And at the end of the day, we fought for this because, one, we thought it was right. We believed in it. We have families that count on these jobs. We all play by these same rules. We all understand that you can make this kind of mistake. But your documents specifically said unit price shall control. So when you follow your own documents, it then makes their number much larger. we were definitely the low bidder and entitled to this project. And what I hate about this process is any kind of antagonistic situation. I understand why they would want to fight for this. I wanted you to understand more of this story. Our bid protest was granted. We received a notice of award. The new numbers, the right numbers were adjusted. Free contracting was much, much higher, obviously, as you just heard, than everybody else. And we have provided all the documentation, bonds, and everything else, to my knowledge, to be ready to move forward. We've done work for you before. We've been around for nearly 35 years. We're excited to do this work for you. We'll do a great job. And I'll tell you, not only are we saving you $400,000 off of the engineer's estimate with our bid today, it's pretty commonplace that we would jump into a project like this and try to find other ways that we can save the owner money. And we look forward to doing that with you. Thanks. Did we get your name? I'm sorry. Did we? Yes, Brian Wickens. Okay, Brian, thank you. All right. All right. I think Mr. Wickens explained it well. I just want to point out that our desire is to maintain the integrity of the process. If you were to overturn this bid because you don't like the price that you got, at what point do you stop? You know, you could do that with every bid. You could say, gee, you know, I think we could do better if we did this again. And I think that is detrimental to the process. It makes contractors have little faith in our process, and I think they kind of start to think, what are these guys doing down here? They're not going to abide by their documents. It not only is in the bid document where it says, in the event of an error, unit price prevails, it is also in our procurement regulations that prices cannot be modified after a bid is submitted. Free contracting's bid had an error in it. It resulted in their true cost of their bid to be $227 million. MAC Construction becomes the low bidder in that case, and that's why we chose to award the contract to them. The process of protest and appeal is there for a reason, so we can have this conversation. We have the conversation with law. We have the conversation with Charlie Martin's group, all the engineers. It's common practice in the industry that unit price prevails language is there, and it's there for a reason. and I can't understand why you would penalize someone who correctly filled out their form and submitted their bid correctly because we think we can get a better deal. It doesn't make sense, and I think it's detrimental to the integrity of the process. And that's it. Thank you, sir. All right. Open it up to the council for comments. Let me, and I, oh, well, all right, we'll go. Council Member Ellinger. Thank you, Mayor. Mr. Slayton, could you come back up front, please? There was an issue that was raised about saying that you put it on the website that you were going to open up the bids. Is that a true statement? And then if that's the case, then why did we do that? Yes, our initial determination was to throw out the bids and start over. And after reviewing the bids in more detail, looking at what the engineer's estimate was, we decided that we needed to rethink this and look at the process. And, you know, we conferred with engineers from our Division of Engineering that had nothing to do with this bid, didn't know the contractors involved, didn't know anything about the project, and kind of polled them and said, you know, what's the general consensus of this unit price prevails language? And everybody came back with the same answer, that that's the golden rule. contractors understand it engineers understand it I think Miss Vister mentioned or maybe mr. Wickens mentioned that they've been on both sides of this they've submitted a bid that had an error that would have resulted in them being a low bidder and they've been passed by to number two I think of all the contractors that do work for us I bet you 90% of them have been in that situation where they've made an error and it's and it's the golden rule that that unit price prevails. Why did you initially think that was the right thing to do, though? You know, I think it was the fact that there was a big difference in the bids. That made us suspect. And then the engineer's estimate was, I didn't fully understand what the engineer's estimate was. Typically, if there's a case like this and the apparent low bidder is under the estimate, and the apparent second bidder is over the estimate, that would make sense to throw them out because you don't have the funds budgeted. I did not understand the full extent of the engineer's estimate when we made that initial decision. And that kind of led us then to reevaluating this and looking at the language again. Is this a time-sensitive project? It is. It's a project on BobaLink. This is the one I think they've talked about in some of the committee meetings. They have to dig, I think it's the trunk line 17 feet under the street. It's going to have traffic impact. It's critical in that there's other projects that are tied to this, that if this is delayed, it's going to put other things behind as well. And if you had to re-bid it, how long would it cause you to? If we put it out for bid again, you typically have to leave it out for a minimum of seven days, but I would think we would typically leave something out for 14 days if we were going to re-bid it. so you've got three days to advertise. You're probably looking at, realistically, by the time we get it back in front of Council, probably a month that we would be put behind. Charlie, you've walked to the front. Do you have something you want to add to it? Yeah, I wanted to help him on the schedule part of it. Yes, this is a consent decree remedial measures project, so it does have his schedule associated with it, associated with a consent decree. even more important for us locally, part of this project goes across Piccadone Golf Course. We have been anxiously trying to get this thing awarded so the work can go on on the golf course during the off-season, be able to get it restored. That way we don't disrupt golf. But I wanted to make sure that was clear to everyone here, is that there's a significant local impact to it as well. Thank you. Thank you, Mayor. Councilman Myers. Thank you, Mayor. I guess I want to commend Todd and his group for the work that they've done in this process. My position is that we have a process that's in place. They followed that process. Why they chose to put on the website that they were going to negate all the bids and start over and then change that, I'm not sure I'm okay with that, though. But from this side of the bench from which we sit, my position is that my responsibility is a fiduciary responsibility to the taxpayer. And the way that I understand this is that if we go forward with a bid that is recommended, we're spending an extra $240,000 for the same exact project than we should. And I understand the integrity of the process. I think that that's why we have the process we have. You've got the procurement process. They do what they do, and then it comes before us, and we make the decision to either approve or not approve the recommendation. I move that we not approve this recommendation. We put this back out for bid because, for me, we just spent two or three weeks looking at the surplus. If you go back to that $240,000 and what that could do for this city, I think it's a mistake to spend an extra $240,000 for this work simply because somebody made an error. I think that the process has integrity. Todd's group has integrity in the way that they've operated. But now that it comes before the council, we have a decision to make whether we use $240,000 extra in tax money to do this project or do we get the best price possible. And so I would move that we not accept this bid and put it out for, or not accept this recommendation and then put this project out for rebid. Well, I think that we're on a first reading, so... The reason that I would move to do that today is because Todd said we've got a deadline, or not a deadline, but a timeline. If we wait for a second reading, all we're doing is delaying that one more week. And so it would be appropriate to table it, but if you're going to re-bid it, then tabling it is not probably the right... I think I'd have to ask for a advice from counsel here. David. I think there would be a preference that you act with some sort of finality if that's what you're going to end up doing tonight so that they can go ahead and move forward with a re-bid. Do you have any input on what type of motion I should make? Is it a motion to table? Is it a motion just to not accept this? I think if the majority of you all vote not to accept this resolution, then the understanding will be that it will get read in. All right. Okay, so. And part of that would be also removing it from the docket so it wouldn't get another reading. but tabling it technically is probably not the correct you say it is the correct procedure tabling would not be because tabling is just going to delay so you're saying removing it from the docket would be with the direction I think if you want to be abundantly clear basically you would make a motion that removes it from the docket and directs them to go ahead and redid the project or do we move for second meeting and then float it down That would be another way of doing the same thing. But if it gets the votes up, then obviously the project is going to go forward. Right. Okay, I won't take that chance. So I would move to remove this from the docket and have it revid. Second. All right. All right. There's a motion to remove item 23 from the docket and have it rebid and rebid it. There's a motion by Councilman Myers, seconded by Councilman Ellinger. Is there any discussion on the motion? Councilman Irsati. I'm sorry. Councilman Lawless. Council Member Lawless, were you to speak to this? Yes. All right. Yes, ma'am. Go ahead. I guess my question is pretty intricate and is does it have to be rebid or can the bids that you received that had errors be looked at? I mean, according to the procurement regulations, and this is consistent with the model procurement code, you can't modify the price of a bid, and I would not recommend that we would do that. After the bid is submitted, we can't change the price or fix the error, I guess. I think what Mr. Slayton is saying is the authority that Mr. Leach was relying on, we could find no similar authority in Kentucky, and there was not a comfort level with simply throwing this out and going back to the number one on a technical basis. There's much more of a comfort level than if you all did something different than this, although you always get in this squirrely situation when the administrative entity that should have the most information about this is recommending something to you all and you don't end up doing it. You could get yourself in a situation where someone could make a claim that you're acting in an arbitrary manner. But I think the comfort level was not there on Mr. Slayton's part that we could comfortably move forward with going to just treating this as a ministerial mistake. There is some authority in some other jurisdictions that you can do that. But there was not a comfort level that in this particular case, the way the documents were written up, that we could just move to free and pick them automatically. Wait a minute, wait a minute, wait a minute. Mark, not yet. This is not a hearing, that's right. Vice Mayor made that point. Just one more clarification. You all had posted that it was out for rebid on the website and then removed that. Is that correct? That is correct. Okay, thank you. All right. Thank you, Mayor. I don't mean to put you on the spot, but I'm going to put you on the spot. You're in the construction business. You've got a great background with that. I'd like to get your input. Well, I'll tell you what I'll do. After we get through the others, then I'll comment. You'll plead the fifth until then. I'll come right back to it, yeah. Vice Mayor Gordon. Thank you, Mayor. Todd. Todd. In the process, has this happened before that a bid has gone out and a company has made a clerical error, whatever kind of error, and this situation has occurred? We have, yes, we have moved to number two on the list because of a technical error in their bid. Do you remember a project or what that would have been associated with? And it's okay if you don't. I was just saying. I'm down off the top of my head, but I know it has happened. And there have been, you know, sometimes bids are considered nonresponsive if they are unsigned. That's an example of an error that we can't correct. An example of an error that you could correct would be just to clarify the model number of something someone's bidding. You could do that, but you couldn't adjust their price. You couldn't sign their bid for them. Those are kind of the two no-nos. Okay. I just, I'm a little uncomfortable with us saying it's okay for a company to have an error. Right. And that's why I find it very hard to support this motion. The reason we ask you to direct our purchasing operations is because you do have a process in place, and if we allow the motion to occur, then what we're basically saying is that the process doesn't have to occur the way you've set it out, if I understand correctly. Correct. Correctly. And I have a really big problem with that because I trust that the purchasing operations are above board. And the process for bidding, we have to ask people to be correct in their forms. And so I understand the money part, but money isn't everything. And if we agree to take this off the docket, we, in essence, may be corrupting our own process for future. So I cannot support the motion. All right. Councilman McKay. Thank you, Mayor. Mr. Slayton, it would be helpful to me if we could slowly kind of recapitulate what the steps were and who was high and who was low and what the difference was. So you got the two bids, or maybe you got more than two bids. When you got the bids, who was the high bidder? Tell me what happened at that first stage. The apparent low bidder was free contracting. Their bid was $240,000 less than $2,607,000. Part of that process, these are handwritten bid documents. They submit to us, and it's a sealed bid. They have to sign the bid. There's an affidavit. There's some other information that they have to provide. We get that packet, and purchasing does an initial review of them. We post the lump sum totals on our website, so all bidders within a day or so, typically within a day, They know what the other bidders, they know what everyone submitted, they know where they stand, they know if they are the apparent low bidder. At that point, we submit copies of this to the requesting division or the consulting engineer in this case that's handled the bid documentation, the drawings, the plans. They do an analysis of the bid documents that each vendor submitted. They take their handwritten bids and put it into a spreadsheet and do all the math to make sure the math adds up. At that point, that's when they discovered there's this $84,400 error where it's in both the unit price and the total. And they did alert us and said, hey, we did know that there's an error on their bid, unit price prevails rule. So MAC construction becomes the true low bidder in that case. So when they did the analysis, the total was still correct, but there was a math error? In the unit. In the unit price. And the reason the units are there is for adjustments to the project down the road. I think we had 2,600 cubic yards of rock removal. Maybe they get out there to do the project and it's only 2,500 or maybe it's 2,700. They can adjust the dollar amount based on that unit price. If you don't have that unit price, what you have in free contracting's case is their bid of $84,800. If we add one cubic yard to that contract, you add another $84,400. Okay. Okay, so instead of the unit price being a couple thousand bucks multiplied by the unit, they had put the same number in both places. Correct. So that means that if you do the math that way, it puts the bid way out. Okay. Yeah. So then the initial determination when you discovered that was to do what? Our initial determination was to reject all the bids. We were not aware of the $3 million engineer's estimate. Okay. You were going to reject all the bids because? because we thought MAC was over the engineer's estimate. I didn't realize it was $3 million. We thought it was closer to $2.5 or something. So we were going to throw out the bids. At that point, we conferred in-house. We got a protest from MAC Construction saying, hey, wait a second, we become the apparent low bidder. You should award it to us. And we started looking into that, and that's when we did some checking. I'm sorry. I'm going to just slow down again. You're right. So they were not the apparent low bidder, and then what changed the perception? Free contracting is the apparent low bidder based on the bid opening. After you review the documents, they are no longer the low bidder, and MAC Construction became the low bidder. But you knew that when you decided initially to rebid. Is that not the case? That is correct. And that's where I'm stuck. Why did you initially decide to rebid it? If there is a discrepancy in the bid, or I guess if bids come in and they're over budget, we typically don't move forward with the project. And that was my understanding is that the new low bidder was too high and was over the budget. But then you determined that that was not true. Correct. Okay. That helps me. Thank you very much. Thank you, Mayor. All right. Councilor Farmer. Thank you, sir. Thank you, Mayor. Mr. Martin. Charlie. I think Mr. Martin. you're in charge of taking care of everything that has to do with the consent decree and getting us on time and getting us done. And I'm sure that the people that have made these bids and other people that make bids, you're familiar with them and you work with them on a consistent basis. My question is simple. you're in charge do you want us to move ahead with this or do you want us to step back rebid it and go again i'm personally i'm supportive of what's being recommended to you here and the reason why i'm as far as what's in your docket and the reason why is is that basically is that you've you've got a process that you followed two of the proposers are contesting it. At the end of the day, you've got to decide which one do you think you have your best defense. And our best defense is that our procurement regulation and our bid documents said it was going to be this way. I don't know what Todd's thought process was as far as the cause of rebidding or what have you. But here at this point in time, item number 23 in my mind is based on we're going to we're recommending to you that we award based on what our published rules are and we feel like that is the strongest position that this government can take is that we're doing this the right way yeah i hate spending another 240 000 i mean we've got clear marching orders to get this thing done and get it done as inexpensive as possible under the engineer's estimates significantly. Exactly. So believe me, it pains me a little bit to stand here and tell you that, yeah, I'm recommending that we collect the higher one, but the risk factor is that if you choose the one that you don't think that you can defend, and this is where the law department maybe starts nudging me here because I'm playing lawyer instead of engineer, but But, you know, the risk is losing a lawsuit that costs you millions of dollars. All right, then one other point. We've changed some of our procurement. I mean, I've been in an RFP with you about how we bid things and how we're doing things differently to get them done, in essence, faster. Does any of that have any bearing on this particular situation? No, sir, it does not, because our prequalification process right now is limited to design firms. All right. We are still using the fundamental or basic competitive bidding process that we have been using for construction contracts all along. Nothing has changed. The division, typically, we take a back seat to this part of it. That's why Todd's been up here doing most of the talking. They bid this out the same way as we conduct bids for paper towels or anything else. There's the standard procurement requirements of Irving County Government, and we kind of stand back and let them tell us this is based on our process, this is the lowest and best bid. I appreciate that. Thank you very much. I would just say that this isn't the first project. This isn't the last project. This is one of many projects. I would love to save these dollars for the reason of saving these dollars, but by the same token, we have a lot of things to do in Lexington on a very compact time schedule, and we need to get about doing them. So while I appreciate the spirit of the motion and understand the intent of the maker, I will at this time not be supportive. Thank you. Council Member Henson. I just had a real quick question for Todd. As far as when you put that back on the website that it was going back out for bid, is that legally binding? Or typically it has to be done within a legal notice? The final action is what happens here in this room. Anything that we post is preliminary. Typically, if we're going to make an award, we post something along the lines of the Division of Purchasing will make a recommendation to the Urban County Council to approve a contract with Company A. It's informative. It's not a final action by any means. Okay. And, you know, to try to explain this to people that maybe don't deal with it on a daily basis, and this is, I don't really like using a sports analogy, but it's kind of like being an NFL official. You know, you make the call as you're on the field, and it's happening fast, and everything's going 90 miles an hour, but you still have that option for further review, and you can talk to the guys in the booth upstairs, and you can reevaluate the facts, And you can take a step back and you can say, is this the right thing to do? And what does our process truly say? And what do the bid documents truly say? And we need to follow those steps, in my opinion. But that was kind of the way to explain it maybe just to folks a little bit better about how that works. Yeah. And I understand, Todd, and I appreciate the work that you do. And I know, I don't think we would be having this conversation if the bid hadn't been submitted with the error in it to begin with. Oh, exactly. So, and you know, and it puts us all in a bad situation. But I do know I respect Charlie's opinion as far as I know that this project needs to move forward. And I know that if you have a process in place, we need to follow it. And putting it on the website was probably an error on the part of purchasing. but the contractor might in error too, so we're even, but thank you. Okay, thanks. Councilman Myers. Thank you, Mayor. Mr. Slayton, could you come back up one more time? And again, I respect you tremendously in your process and everything you're doing. We've had a conversation ongoing all day long. So when bids first come in and you get ready to open the bids and everybody's in a room, you're going to officially unseal the bids, do you not have a sheet there that tells you what the engineering's question is? Not always. Not always. So when you start to look at the initial bids, how do you determine if any of them are overbid or not, or if all of them are overbid? I mean, really, it's typically whether or not we are or not over budget is going to rely on the divisions. So our job is really to accept those bids, make sure that anything that's supposed to be there, like a bid bond or the signature, gets passed on to them. Let me stop you just for a second. My question is, when you open them up, don't you have something there that says, this is what the estimate is, so that you know automatically if all of them are over that? Not usually. You just go through the whole meeting and all that, and then later on the next day you find out it was all for naught because every one of them were over? Right. Okay. Yeah, and I think that's pretty typical for, I mean, it doesn't matter if it's water quality or engineering or waste management. We go through the process at the request of the division. Whether or not we've got the money to pay for it will be determined when we see the bids and we know. And sometimes, maybe your estimate's $3 million. That's the question I'm asking, though, when you open the bids. You said you know when you see the bids. When you open the bids, do you not know what the... Not always. That's not a standard practice. Sometimes we know the engineer's estimate, but often we do not in purchasing. Okay. I guess you made an analogy. You can step down because I don't want to direct this at you. You made a great analogy, though, I think, when you talked about the replay official. And the way that I see this is that's what the council's role in this process is. What we are doing does not take away from your process, in my opinion. It does not change the integrity. I think it upholds integrity. If you guys were the ones that made the decision to re-bid it, people may have a question about the integrity of the process. You guys did your work. You presented it to us. And now we're the ones that makes the call. Charlie talked about defending the lawsuit when our attorneys didn't talk about a lawsuit. And if we bid this over again, everybody has a fair opportunity to re-bid. That's why I made the motion to do it the way I did rather than say let's reverse this and take that other bid. I think that would be inappropriate and incorrect to do. So everybody has an opportunity, if we do this, to rebid. We are the replay officials up here. We've looked at this, and we see that from the information that we have, by looking at that replay, that there was another bid out there that would save the taxpayers another $240,000. That, to me, is what this is about. The process of integrity is in place because you've done your due diligence. Now it came to the replay officials. We've said we've got more information that we see when we look at this again. and we can save the taxpayer another $240,000, that's what we need to do. That's the motion I made, and I hope that my colleagues will support that. Thank you very much. I would just like to point out, while you were mentioning that, I mean, everyone realizes there's no guarantee you're going to save $240,000. I mean, if you rebid it. No, no, that wasn't my point. My point was that right now we are leaving $240,000 on the table. Is that not a true statement? Yes or no? It depends on... The Vice Mayor earlier said this is not a hearing and this is not an interrogation either. I would say based on the information and the bids that we received, that's not a true statement. because there was an error on the apparent low bid. But that's technicality, and we don't have to. Right. And if it was a hearing, then we couldn't negotiate back and forth like this. But the bottom line is, if they hadn't made the error, it would have saved another $240,000. If we rebid it, who knows what's going to happen. That's correct. But that's the fairest way to do it, in my opinion. Thank you. Thank you, Council Member Myers. Council Member Scotchfield, and then Council Member Lane. I guess one of the things that was said just a second ago is we're really concerned about a lawsuit. The reality is we're going to face that lawsuit no matter what, so we need to do what we think is right for the city of Lexington. The reality of the lawsuit is, A, it's going to cost us money no matter what. B, it is probably going to delay the construction getting started because the parties are going to be fighting over who should have gotten the bid, who should get the bid. we're going to see this no matter what. So what I'm telling, I guess, my colleagues up here is at the end of the day, we need to vote with what we think is right, not what we think is going to save us money, because if there are lawsuits, it's not going to matter. So do what's right. Councilor Lane. I've listened to all the comments here, And, you know, it seems to me that we have to protect the process that we deal in day in and day out. And I think any time, you know, if Charlie Martin says we did the process the right way, then I think we need to take the bid regardless of the amount. To go back and rebid it, it could be higher and somebody else could win, and then another party may want to litigate the issue. So I think we just have to stick with what our standard procedure is. So I would be in favor of approving the bid as it now stands. Thank you. All right. Thank you, Council Member Lane. Earlier, Council Member Massadi asked me for my opinion. And I have so many notes down here going back almost 40 years. That's sad, isn't it? Back and relax. Well, let me start out by saying I think the way that, is it okay if I go ahead instead of passing the chair? All right, let me just speak to it. I think the way Todd described the officiating, that was a good metaphor. This came at a very good time, very early in this project. And when I say project, I mean the full consent decree, the remedial measures. It came at a very good time because it illustrates the complexities of these bids, the government contracting process, the precision that's expected and required. For me, it reminds me of why our company got out of this business not once but twice. And don't misunderstand that, those who are in the – because we appreciate that we have contractors, really. I mean, I mean that genuinely. But the level of precision that is required in a transparent process, government transparency, is just dialed up enormously. And there's another good reason that our legal department discourages me, for example, as mayor, to get involved in procurement. I see today with this. Why? So there are benefits and there are burdens to transparency in the government, federal, state, local procurement process. And let me say that if this were a private sector procurement, it is entirely a technicality. What the council said, it appears to me to be, if it were a private sector, it would be, you know, you'd look at it and you'd say, wait a minute, let's confirm these numbers. Oh, there's a big delta here. There's a big difference. You know, what did they really intend? Okay, let's bring them in and talk to them about it. That's not the way our model procurement code, we follow model procurement code. And so it requires that we follow the bid process, the RFP, really closely and tightly. So in my view, the information that I've gotten tonight, the decision that we made was an appropriate decision. But I also go to what Council Member Scutchfield said. You know, at the end of the day, I've been there, seen it. Construction lawyers have probably the best job in the industry. Construction litigation departments and law firms have perhaps not just litigation, but the full construction law departments and law firms have probably the best, except for the surety bond business. So, my view on it, almost 10% difference, that's a significant number. We've got exposure either way. It's a Solomonic decision. The official, sports officiating, that's a good King Solomon, similar. You've got a similar dynamic here. I would suggest maybe vote any way you all feel, as Council Member Scotchfield said, your best judgment on it. We do have two weeks here. It's fully in the public lens now. We've got two weeks before it would get a second read. I would suggest that we take it through the two weeks. I'd like to talk a little bit more about it myself. And then when we have the second read, make an up or down vote on it again. I appreciate your input. Thank you. Yes, ma'am. I think I said everything, the notes that I had written down here, 40 years' worth, sadly. Okay. Charlie or Todd, I mean, while we got you all here, I mean, I know how carefully you're looking at the budget and how carefully you're looking at all of these issues, and you all expressed it, I think, really very well. Right. I think you said it well, is that this is out in the public now. There's the time for the two weeks to mull over what the options are. Council Member Scottsfield said basically what I wanted to say is that either way, it's not necessarily a good outcome, but we're going to have to deal with it. Yeah, this was the, and I think I failed to mention that you all consulted legal in making the call. I've spent more time with Mr. Barbary than I would have liked to over the past three weeks. So, yes, we have done our homework with that. All right. Okay. All right. So does anyone else wish to speak? Okay. All right. So then we can, we have a motion and we have a second, right, to remove and rebid. So we're now voting on the motion to remove and rebid. All in favor of the motion, please indicate by saying aye and vote electronically. And oppose nay. All right. The vote reflects that the motion does not pass. All right. All right. Okay. Did we get all four? All right. All right. All right. Madam Clerk, so please continue. Resolution number 23, a resolution accepting the bid of MAC Construction and Excavating Incorporated in the amount of $2,607,027 for the Boba Link Trunk Sewer Replacement Project for the Division of Water Quality and authorizing the mayor on behalf of the Lexington Fayette Urban County Government to execute an agreement with MAC construction and excavating related to the bid. Number 24, a resolution authorizing the Division of Human Resources to make a conditional offer to the following probationary civil service appointment. Matthew Marsh, Equipment Operator Senior, Grade 109N, 13.179 Hourly. Angela Martin, Laboratory Technician, Grade 109N, 14.851 Hourly. Heath Vanderpool, Treatment Plant Operator, Grade 113N, 18.955 Hourly, all in the Division of Water Quality. Eric Gentry, Equipment Operator Senior, Grade 109N, 14.990 hourly. Tara Robinson, Administrative Specialist, Grade 110N, 14.711 hourly. Rhonda Clark, Administrative Specialist, Grade 110N, 20.912 hourly, all in the Division of Waste Management. Granville Sayre, Vehicle and Equipment Mechanic, Grade 110N, 21.010 hourly in the Division of Parks and Recreation. Stephen Parrott, Building Inspector, Grade 113N, 17.081 hourly in the Division of Building Inspection, all effective upon passage of counsel. Paul Stewart, Computer Analyst, Grade 115E, 1,776.72 biweekly in the Division of Computer Services, effective October 18, 2013. Alicia Lyle, Administrative Specialist, Grade 110N, 16.615 hourly in the Division of Human Resources. Russell Cook, Director of Revenue, Grade 122E, 3,290.56 biweekly in the Division of Revenue, both effective November 18, 2013. Number 25. A resolution ratifying the probationary civil service appointments of Tamoy Carter, Public Service Supervisor, Grade 111N, 16.207, hourly in the Division of Family Services, effective upon passage of counsel. Scott Dawson, Evidence Technician, Grade 112N, 19.235, hourly in the Division of Police, effective November 18, 2013. Daniel H. Fisher, Administrative Specialist Senior, Grade 112N, 21.287, hourly in the Division of Parks and Recreation, effective November 4, 2013. Ratifying the permanent civil service appointments of Perry White, Equipment Operator Senior, Grade 109N, 13.025 Hourly in the Division of Waste Management, effective October 21, 2013. Paul Willard, Engineering Technician Senior, Grade 113E, 2081.84 Biweekly in the Division of Engineering, effective November 6, 2013. Number 26, a resolution authorizing the Mayor on behalf of the Urban County Government to execute Change Order No. 4 to the contract with Churchill McGee, LLC for Carver Community Center Renovation, increasing the contract price by the sum of $163,959.83 from $1,121,059.25 to $1,285,019.08. Number 27, a resolution authorizing and directing the mayor on behalf of the Urban County Government to accept a grant from the U.S. Department of Justice, which grant funds are in the amount of $53,662 federal funds under the State Criminal Alien Assistance Program are for reimbursement of costs related to the incarceration of undocumented criminal aliens, 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 28, a resolution authorizing the mayor on behalf of the urban county government to accept the donation of military Connex shipping containers valued at $12,000 from the Kentucky Fire Commission for use by the Division of Fire and Emergency Services. Number 29, a resolution authorizing the mayor on behalf of the urban county government to accept the donation of a military surplus M915 line haul tractor, valued at $50,000 from the Kentucky Fire Commission for use by the Division of Fire and Emergency Services. Number 30, a resolution amending previously published remedial measures plan implementation schedules and authorizing the Division of Water Quality to reschedule the construction of the Idle Hour Trunk Sewer RMP Sanitary Sewer Project. Number 31, a resolution authorizing the mayor on behalf of the urban county government to execute change order number one, final, to the contract with Walter Martin, Excavating Incorporated for the Cardinal Lane Stormwater Improvements Project, increasing the contract price by the sum of $9,094.47 from $219,110 to $228,204.47. Number 32, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an operating agreement with Aramark Correctional Services, LLC, for food services for the Division of Community Corrections at a cost not to exceed $906,304 for the fiscal year 2014. Number 33, a resolution authorizing the Urban County Council to approve purchase of additional inventory specialist services to be performed by Omnisource Integrated Supply, LLC, for the Division of Emergency Management 911 under the Metropolitan Medical Response System 2012 grant in the amount of $6,000 and under the Chemical Stockpile Emergency Preparedness Program grant for fiscal year 2013 in the amount of $6,000. Number 34, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a contract with the Board of Education of Fayette County, Kentucky for operation of preschool classrooms at the Family Care Center at no cost to the Urban County Government. Number 35, a resolution authorizing the mayor on behalf of the Urban County Government to execute cost-sharing agreement revision number one with Transylvania University for sidewalk reconstruction associated with the Kentucky Transportation Cabinet 4th Street Improvements Project increasing the amount authorized from $220,000 to an amount not to exceed $400,000. Number 36, a resolution authorizing and directing the mayor on behalf of the urban county government to execute an agreement with Berea College for a student placement program to permit nursing students to be placed in the Division of Youth Services at no cost to the urban county government. Number 37, a resolution authorizing the Division of Water Quality on behalf of the urban county government to purchase FlowServe WWR rotating assembly replacement parts for dewatering pump number one at the Town Branch Wastewater Treatment Plant from Delaney & Associates, a sole source provider, at a cost not to exceed $27,668. Number 38, a resolution authorizing the mayor on behalf of the Urban County Government to execute a standard agreement for cost sharing for the Central Kentucky 911 network with the existing members of the network and with any additional jurisdictions approved by Lexington Fayette Urban County Government's E-911 board at no cost to the Urban County Government. Number 39, a resolution authorizing the Department of Law's execution on behalf of the Urban County Government of a unanimous stipulation and recommendation settlement agreement and any other necessary related documents in Kentucky Public Service Commission case number 2013-00167 pertaining to the rates of Columbia Gas of Kentucky, Incorporated, which settlement is subject to the approval of the Kentucky Public Service Commission. Number 40, a resolution authorizing the Mayor on behalf of the Urban County Government to execute an agreement with Glendover Neighborhood Association, Incorporated, $650, Ms. Kentucky Scholarship Pageant Incorporated, $725, and Booker T. Washington Primary School PTA, Inc., $450 for the Office of the Urban County Council at a cost not to exceed the sum stated. Number 41, a resolution authorizing the mayor on behalf of the Urban County Government to execute a memorandum of agreement with the Farm and Garden Market Cooperative Association Incorporated, doing business as Lexington Farmers Market to operate a year-round farmer's market at the Cheapside Park, Fifth Third Bank Pavilion area at no cost to the urban county government. Number 42, a resolution authorizing and directing the Division of Traffic Engineering pursuant to Code of Ordinances Section 1846 to designate Hiltonia Park as being prohibited to three trucks and authorizing and directing the Division of Traffic Engineering to install proper and appropriate signs in accordance with the designation. And number 43, a resolution authorizing and directing the Division of Traffic Engineering pursuant to Code of Ordinances Section 1886 to install multiway stop controls at the intersection of Shady Lane and McDonald Avenue. Thank you, Madam Plurt. All right. Are there any motions for walk-ons? I think Council Member Clark. Yes. Thank you, Mayor. I move to place on the docket of resolution authorizing the mayor on behalf of the urban county government to execute an agreement with the Pasadena Neighborhood Association, incorporated $1,000 for the Office of Urban County Council at a cost not to exceed the sum stated. So move. Second. Motion by Council Member Clark, second by Council Member Scutchfield. Is there any discussion on the motion? All right. Hearing none, we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Are there any additional walk-ons before we get to suspensions? Anybody else got a walk-on? All right. Madam Clerk, you want to give a first reading on that then? Yeah, okay, good. I thought the mayor was going to skip. Resolution number 44, a resolution authorizing the mayor on behalf of the Urban County Government to execute an agreement with the Pasadena Neighborhood Association incorporated $1,000 for the office of the Urban County Council at a cost not to exceed the sum stated. All right. Thank you, Madam Clerk. Okay, now we can move to motions for suspensions. Council Member Farmer. Thank you, Mayor. I have three motions to suspend. The first one is, on behalf of the administration, it's number 24, having to do with human resources and some offers to be made. The second one is number 30, which has to do with the relocation of the sanitary sewer line in order to make way for the senior citizen center. And the third one is number 39, which I need to look at to tell you. Oh, that completes the settlement between ourselves and the Columbia Gas. So moved. Motion by Councilman Farmer and second by Councilman Myers. Is there any discussion on the motion? All right. Hearing none, then we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Thank you. Motion carries. All right. Council Vice Mayor Gordon. Thank you, Mayor. Numbers 28 and 29, I move to suspend the rules and give those second reading. those are both donations to the Division of Fire and Emergency Services and number 40, which is the NDFs. Second. Motion by Vice Mayor Borton on 28, 29, and 40 to suspend. Give a second read and second by Council Member Farmer. Is there any discussion on the motion? All right. Hearing none, then we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. all right um councilman okay thank you mayor on behalf of the administration i move to suspend the rules and give second reading to number 26 which is a change order related to the cover community center and on item number 41, which is a resolution authorizing an agreement with the farmer's market to extend that to a full year. Second. Motion by Council Member Kaye. That was on 26 and 41. Okay. On 26 and 41. And second by Vice Mayor Corton. 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. Council Member Lawless. I'm sorry. I was going to do 26 and 41 also, and I didn't have a chance to pull the withdrawal. Okay. All right. Council Member Clark. Thank you, Mayor. I move to suspend the rules and give second reading to number 44. Motion by Councilmember Clark on number 44 and a second by Councilmember Lawless. 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. Madam Clerk? Oh, Councilmember Myers? Thank you, Mayor. I move to spin the rules and give second reading to number 32. So the food services can go forward at the corrections center. So moved. Motion by Council Member Myers and a second by Council Member Farmer. Is there any discussion on the motion? Yes. Okay. All in favor, please say aye. Aye. Opposed, no. Motion carries. Is that it? Okay. All right. So, Meredith, whenever you're ready, give us a second to read. Thank you. Resolution number 24, a resolution authorizing the Division of Human Resources to make a conditional offer to the following probationary civil service appointments. Matthew Marsh, Equipment Operator Senior, Grade 109N, 13.179 hourly. Angela Martin, Laboratory Technician, Grade 109N, 14.851 hourly. Heath Vanderpool, Treatment Plant Operator, Grade 113N, 18.955 hourly, all in the Division of Water Quality. Eric Gentry, Equipment Operator Senior, Grade 109N, 14.990 hourly. Tara Robinson, Administrative Specialist, Grade 110N, 14.711 hourly. Rhonda Clark, Administrative Specialist, Grade 110N, 20.912 hourly, all in the Division of Waste Management. Granville Sayre, Vehicle and Equipment Mechanic, Grade 110N, 21.010 hourly in the Division of Parks and Recreation. Stephen Parrott, Building Inspector, Grade 113N, 17.081 hourly in the Division of Building Inspection, all effective upon passage of counsel. Paul Stewart, Computer Analyst, Grade 115E, 1,776.72 biweekly in the Division of Computer Services, effective October 18, 2013. Alicia Lyle, Administrative Specialist, Grade 110N, 16.615 hourly in the Division of Human Resources. Russell Cook, Director of Revenue, Grade 122E, 3,290.56 biweekly in the Division of Revenue, both effective November 18, 2013. Number 26, a resolution authorizing the mayor on behalf of the Urban County Government to execute change order number 4 to the contract with Churchill McGee LLC for Carver Community Center renovation, increasing the contract price by the sum of $163,959.83 from $1,121,059.25 to $1,285,019.08. Number 28, a resolution authorizing the mayor on behalf of the Urban County Government to accept the donation of military connex shipping containers valued at $12,000 from the Kentucky Fire Commission for use by the Division of Fire and Emergency Services. Number 29, a resolution authorizing the mayor on behalf of the Urban County Government to accept the donation of a military surplus M915 line haul tractor valued at $50,000 from the Kentucky Fire Commission for use by the Division of Fire and Emergency Services. Number 30, a resolution amending previously published remedial measures plan implementation schedules authorizing the Division of Water Quality to reschedule the construction of the Idle Hour Trunk Sewer RMP Sanitary Sewer Project. Number 32, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an operating agreement with Aramark Correctional Services, LLC, for food services for the Division of Community Corrections at a cost not to exceed $906,304 for the fiscal year 2014. Number 39. A resolution authorizing the Department of Law's execution on behalf of the Urban County Government of a unanimous stipulation and recommendation settlement agreement and any other necessary related documents in Kentucky Public Service Commission Case Number 2013-00167 pertaining to the rates of Columbia Gas of Kentucky, Incorporated, which settlement is subject to the approval of the Kentucky Public Service Commission. Number 40, a resolution authorizing the mayor on behalf of the urban county government to execute an agreement with Glendover Neighborhood Association, Incorporated, $650, Miss Kentucky Scholarship Pageant, Incorporated, $725, and Booker T. Washington Primary School, PTA, Incorporated, $450 for the office of the urban county council at a cost not to exceed the sums stated. Number 41, a resolution authorizing the mayor on behalf of the urban county government to execute a memorandum of agreement with the Farm and Garden Market Cooperative Association, Incorporated, doing business as Lexington Farmer's Market, to operate a year-round farmer's market at the Cheapside Park, Fifth Third Bank Pavilion area at no cost to the urban county government. And number 44, a resolution authorizing the mayor on behalf of the urban county government to execute an agreement with the Pasadena Neighborhood Association, Incorporated, $1,000 for the Office of the Urban County Council at a cost not to exceed the sum stated. Motion to approve by Council Member Henson. Second by, who was that second by? Council Member Ellinger. All right. Is there any discussion on the motion? All right. All right. Hearing none, then I will ask the clerk to please call the roll when you're ready, Meredith. Thank you. Ms. Akers? Mr. Beard? Aye. Mr. Clark? Yes. Mr. Ellinger? Yes. Mr. Farmer? Yes, ma'am. Mr. Ford? Yes. Ms. Gorton? Aye. Ms. Henson? Yes. Mr. Kay? Yes. Mr. Lane? Yes. Ms. Lawless? Yes. Ms. Massadi? Yes. Mr. Myers? Yes. Ms. Scotchfield? Yes. And Mr. Stennett? Yes, ma'am. Thank you. Thank you, Madam Clerk. And the vote reflects passage of the motion. That allows us to move on to communications from the mayor. Is there a motion? Mayor. Council Member Henson. I just wanted to let the clerk know that my monitor was not working, so I did not vote electronically. Okay. You got that, Meredith. All right. Thank you. Thank you, Council Member Henson. Is there a motion on communications? Mayor Henson. Second. Motion, Council Member Beard. Where was that second? Second, Council Member Scotchfield. Is there any discussion on the motion? All right. All in favor, then, please say aye. Aye. Opposed, no. Motion carries. All right. That allows us to move on to communications for information only. We have two disciplinary actions tonight or items for the council, and Commander Weathers is here for two police disciplinary items. Commander? Good evening, Mayor. My first disciplinary recommendation for council approval. On Wednesday, July 24, 2013, an allegation was made that Officer Ray Wilson, Number 41240, Violated General Order 73-2H, Operational Rules, Section 1.48, Inappropriate Action. At the conclusion of the investigation, the employee met with Chief Ronnie Bassin and has accepted a 40-hour suspension without pay. This recommended discipline has also been approved by Public Safety Commissioner Clay Mason. All right. Thank you, Commander. Is there a motion? Move approval. Motion to approve by Vice Mayor Gordon, seconded by Council Member Ellinger. Is there any discussion on the motion? All right. Hearing none, then we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Commander. The second discipline of recommendation for Council approval. On Wednesday, August 23, an allegation was made that Officer Dillon Taylor, No. 44991, violated General Order 73-2H, Operational Rules, Section 1.09, Dereliction of Duty, and Section 1.35, violating any rules of the division. At the conclusion of the investigation, the employee met with Chief Ronnie Bastin and has accepted a 40-hour suspension, one work week, without pay. This recommended discipline has also been approved by the Public Safety Commissioner, Clay Mason. Thank you, Commander. Is there a motion? Second. Motion to approve. Council Member Lawless, 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. Thank you, Commander. All right. The floor is now available for public comment for anyone who has signed up or wishes to speak. Bernard McCarthy. Mr. McCarthy, welcome back. In honor and members of the council, I just want to point out, in case you didn't happen to notice the opinion piece in yesterday's Herald-Leader, it seems there's someone else out there besides me who thinks that the so-called freeing of Rupp Arena would be a waste and a mistake. He's contending that it would actually hurt tourism downtown rather than helping it. And I fully believe this. I think you're better off keeping the whole Civic Center complex under one single roof where people can move back and forth between the different parts without going out into the weather. And also I would like to point out that one transportation mode's gain should not come at the expense of another mode's loss. In other words, the way to add bike lanes on our streets is physically build them, not take lanes away from the cars. I want to point out that while the complete streets policy is overall a good concept, we need to remember that certain modes of transportation are very weather dependent. While you may have lots of people out walking or pedaling on sunny days, you're going to have most of the population back to driving when it's raining or snowing. And the streets need to be designed accordingly to accommodate large numbers of people switching modes with changes in the weather. Thank you, Mr. McCarthy. All right. No one else has signed on except, are the two council members, is this for public comment or Mr. Farmer? Under announcements. Oh, all right. All right, sir. Well, I made a, I jumped over that. I apologize. We're going to dial back to announcements. Mr. Farmer, yes, you certainly. Thank you, Mayor. Two things briefly noted. It was a pleasure to stand in for you at the Environmental Commission Awards yesterday morning. I was there with Councilmembers Mazzotti, Scutchfield, and Henson, and we accepted an award on behalf of the Corridors Commission for the stone fence work at the roundabout at Old Frankfort Pike and Alexandria Drive. So it was a pleasure to be there. A couple weeks ago, the 5th District Council Office announced that we would not have an e-newsletter on that Friday because we were getting a technical upgrade. And, in fact, we did not have an e-newsletter that Friday. However, the technical upgrade did not take place until today. So I will just say to you tomorrow, there will not be an e-newsletter out of the Council Office because the technical upgrade has taken effect. Thank you. I was hoping we'd learn more about the government center. Council Member Scotchfield. Thank you, Mayor. We've got a group of people that have gotten together over the last several months that have met on a bi-monthly basis discussing some issues that we have in Woodhill. And I want to publicly say thank you to Commander Hayes and the East Sector Police for stepping forward, stepping up in several different capacities, both volunteering with a tutoring program that we're getting started there, as well as just being more listening to a lot of the residents' concerns. I really appreciate them. And then also I wanted to make an announcement regarding the Moms Club of Lexington East is having a fifth annual Lexington Preschool Fair on Saturday, November 16th at the Emanuel Baptist Church. They will have 32 Fayette County preschools there to talk with potential incoming preschoolers. So if you're interested, you can check that out. Thank you. Thank you, Mayor. Thank you, Council Member Scotchfield. Councilor Lawless. Thank you. I just want to say how excited I am that the Lexington Farmers Market will be operating year-round at the Fifth Third Pavilion. And I know a lot of people will be excited about having it there. and also wanted to congratulate somebody, but I forgot who. Oh, I know what it was. I wanted to congratulate Councilmember Farmer on his new e-newsletter. I was looking forward to it. That's why I forgot, because disappointment overcame me. Thank you. All righty. On that note, there is a motion to adjourn by Council Member Stennett, second by Vice Mayor Gordon. Unless there is objection, we are adjourned. We are young. High to high, we stay No promises, no promises Love is a doubt We are strong No one can tell us we're wrong Such a hard force of love Don't be blessed knowing Love is a penalty You're making me go And make mistakes Why do you hurt me so bad You would help me to know Do I stand in your way Or am I the best thing you've had Believe me, believe me I can't tell you why But I'm trapped by your love And I'm chained to yours We are young Party to party We stand No promises No demands Love is a better thing We are young No one can tell us where I'm Searching her heart for some love