Music Thank you. Thank you. Thank you. Thank you. Thank you. The End Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. The End Thank you. Hello. Welcome to the meeting of the, welcome to the work session. And I'll call the meeting to order. And first on the agenda is public comment for issues on the agenda. So the floor is open for anyone who wishes to speak to issues on the agenda. Mr. Mundy says no one signed up. That allows us to move to rezoning requests and the docket approval. Are there any rezoning issues? All right. Hearing none. All right. Then there is no docket required this week. No docket approval required this week. Next on the agenda is the approval of the summary. Is there a motion? Second. Second. Motion by Council Member Ellinger. second by council member Myers is there any discussion on the motion all right hearing none then we can take a vote all in favor please say aye opposed no motion carries there are no budget amendments this week which allows us to move on to new business of approval motion by councilmember Beard and second by councilmember Ellinger is there any discussion on the motion if you please sign up. Mayor. Yes, sir. Mr. Lane. On item E. I don't know who would like to speak to that. Mr. Holmes or Mr. Mark? That'd be Tracy Thurman. Oh, okay. Tracy, welcome to the podium. I don't, it's just the second time you've been here, isn't it? I think so. Yeah. And first was report time. Okay. Council Member Lane. Thank you, Mayor. Good afternoon and welcome to the meeting today. I guess there's a motion on the docket, an authorization to execute a memorandum of agreement for the consignment, processing, and marketing of recovered materials. This is for our recycling center. And in previous discussions I've had with Commissioner Holmes and Charlie Martin, you are in the process of evaluating our actual costs to operate that center to determine what the actual costs are per ton to process the recycled materials going through there. So the reason I bring this to the council today and ask about this is that we are going to enter into an agreement that is, I believe, similar to what we entered into in the beginning when we started recycling for some of the outlying counties and cities. And, of course, the prices have changed, the operating costs have changed, and we don't actually know exactly what it costs us to process that. I know you're in a situation where you're evaluating all the costs so you can get a handle on it. So the thing that I worry about, if we go ahead and enter into this agreement with the outlying counties and cities that are, you know, recycling through our facility, and we find out that our costs are much, much greater than what we're saying in this letter, then number one, we might have some legal issue. I presume our contract does provide that we can modify those costs. But secondly, I think we need to also let the counties know that we're not sure what our costs are at this time and that we want them to pay their fair share because I don't think it's right for the taxpayers of Fayette County to subsidize the recycling of materials for adjacent counties and cities. So that being said, I just wanted to ask about this and what your sort of going forward theory is and how you want to handle this in the future once we know the exact cost of the recycling. So that's my question. Okay. One of the things I want to point out to you is that we made a presentation. I said we, you know, it was Charlie Martin in June to counsel. And at that time, you know, we indicated that there would be a termination letter sent, actually it was sent on June 10th to the BRRC. And then we also indicated in that presentation that there would be MOAs with the affiliates issued out on June the 12th. The MOA is actually a direct action that came out of the internal audit. It was a recommendation from that audit that we have clearly defined fees and charges for using the MRF. And so, in other words, what we did is we terminated that relationship with BRRC, and then we did not change those costs. You know, we wanted to get an accurate reflection of what our true cost was to get a better handle on that, and we didn't feel like if we were going to enter into these relationships at that time that it would be wise for us to increase costs when we weren't insuring our accountability at that time. So we kept those costs the same. And kind of stepping through that, you know, we had that $35 per ton processing cost. And, you know, then we have the glass cost that's in there that that is just us passing along what our true cost is for that service. And then if there is a non-compliant cost, that was also the same cost that was indicated in the BRRC relationship. The only difference is that the $7 administrative cost that we had paid before is a cost that now we don't pay as a city, but that we're charging to those affiliates. So their cost didn't change. The processing didn't change. It was basically the accounting piece. And the accounting piece, Barry Prater is the, you know, manager down there, and so he worked directly with the accounting division and developed the invoicing to the affiliates. And then the revenue piece, when we're actually going to market with materials, that those checks are going straight to revenue so that we're not handling that down at the plant. Can you give me an estimate of approximately how many tons of recycled material we would process in a year through the center? 36,000. Yeah, 36,000 tons, as Mary Prater pointed out. We're actually... Is that 32,000 per week or per year? 36,000 tons per year. Per year. Yeah, and we're actually up. We're operating at 77.8% efficiency from, like, July until October to present. And we're up on our incoming tonnage by 1.9%. So that's, and we're actually increasing our marketing costs by over 4.8%. All right, well, we, you know, one of the, and this is one of our issues, we don't really have good costs to operate the facility, so we don't really know what it costs to run the, you know, each ton through there. But, you know, there was an estimate, which was more of a C of the pants estimate, and it might have been six or seven months ago, that it might be as much as $100 a ton to run that, you know, through the recycling center. And so if we were running 32,000 tons a year through, you know, each dollar that we lose is $32,000 per year. And if it's $10 a ton we're losing, that's $300,000. If it's $100, you know, so it adds up. If it's $30 a ton, that would be $1 million a year. So that's all I'm saying is that, you know, I'm on the internal audit board. You know, I know they audited, and they were not happy that we didn't have a new contract since we terminated it. But, you know, my concern is we just get a need to get our arms around it, you know, and make sure we don't have a big loss for the taxpayers, particularly when we're recycling materials from other counties. It's not our stuff we're recycling. It's another county. So all I'm asking is they just pay the fair price. I know that you all have been working on it. We've discussed this before. So I'm not this is not an attack on, you know, your efforts. What it is, it's just I think it's premature to issue a new contract if we're going to have the new numbers in about 30 to 45 days. And then we could issue the contract at that time. And we could maybe, you know, send a letter out just saying this is what we're going to charge until we know their actual cost. That's the point I'm making in bringing this up. My recollection of the agreement is that it's severable. most all these agreements that are drafted are very beneficial to Irby County government, that if we find different numbers, that we can change them. As you pointed out, is that we don't want to go forward with wrong numbers. But as I said in June, I think you understood that, and we're just agreeing with that, is we don't want to overcharge our partners in the recycling world either. So that's why we felt like essentially we were going to meet what the internal audit recommended and continue to reevaluate it. If the council doesn't want to approve that, that's okay with us. We still satisfied what a internal audit told us to do, which is have MOAs. Well, one suggestion I might make is if you're going to go ahead and issue this contract, I think they should have a cover letter on it stating that we're in the process of evaluating the actual cost, and we plan to charge whatever that fee is once we know what that cost is, just so that our partners that we've been recycling with will not be caught by surprise if it's going to be $60 a ton or whatever the price might be in the future. Sure, and that language is kind of filtered into that MOA, you know, allowing for a 90-day out and for a year term so that we can give a better, accurate reflection of those numbers. And then I agree with you on the letter. So are you agreeable to put a cover letter on this agreement and send it out that way? And then we don't need to make any motions or anything. That's happy. Okay. I'm happy. You're happy. And the taxpayers are happy. Thank you. Sounds like that song. What is it? Yeah. Happy. Might get out here and something going here. All right. Anyone else have a, anyone, any further discussion on new business items? All right. If not, then we can take a vote on the motion. All in favor, please say aye. Aye. Opposed, no. Motion carries. Next on our agenda is continuing business and presentations. First is the Budget and Finance Committee summary from September 23rd. Council Member Ellinger. Thank you, Mayor. The Budget and Finance Committee met on September 23rd. We have five items on the agenda. The first item was the motion to approve the August 26th summary. The second was the monthly financial report that was given by Rusty Cook and Elizabeth McGee. And Rusty said that the general fund revenue is approximately $1.5 million over budget. budget. Elizabeth stated that the expenses are about $4.8 million under budget, leaving a positive variance of approximately $6.3 million through August. The third item was the partner agency reporting measures. Kevin Adkins described the changes in the quarterly reporting system. He stated that the performance measures will more accurately describe how each partner agency is performing their respective development endeavors. And Council Member Scudgefell requested the administration review the performance measures annually. The four Fourth item is the Lyric Theater audit. Council Member Clark stated that General Services Link requests that the Lyric Theater undertake a financial audit. Paula King, vice chairwoman of the Lyric Board, stated that the board issued a request for proposal early this year and will seek a firm to conduct the audit within the next month. Council Member Ford stated that Lyric Theater had grown substantially in the last year under new management. He stated that the financial audit will build community trust in the management of the Lyric. He stated that it would be premature and unproductive to have an internal audit review of the Lyric Theater activities this year. The fifth item was items in the committee, and we adjourned at 145, Mayor. Thank you. Thank you, Council Member Ellinger. And next is a general government committee summary from the meeting on September 9th by Council Member Kaye. Okay. Council Member Kaye, will you give us the, or you want me to go to Planning and Public Works? Yes, sir. I'm sorry. All right. We can take the Planning and Public Works Committee Summary by Council Member Farmer now. Thank you, Mayor. These minutes were not part of the original packet. I just want to make sure you all have them. They are the September 9th summary and motions. There's one, two, three, four, and a little bit more pages of commentary. Then there is a map of the Agape Drive area. On the back of that is a potential resolution. So with that as background, we met first and approved our July 1st summary. Then we took up the permanent barricading of Agape Drive, an issue that was introduced into the committee by Council Member Clark, who discussed his concerns in regards to removing the existing barricade on Agape to provide for a vehicular connection. He asked the committee to move this item forward to the full council for additional consideration. We then heard from one, two, three, four, five different members of a rather full audience that afternoon, all of which spoke to us in terms of the problems, if the barricade were not placed, of increased traffic in their neighborhood, a tremendous amount of traffic in their neighborhood, the fact that they had brought a petition in favor of permanently barricading Agape Drive, which was signed by more than 75% of the affected community, which is more than 500 signatures. Further, there were stated safety concerns, and the last public speaker was spoken in favor of a permanent barricade of Agape Drive. Then we began to hear from staff. Chris King, the director of planning, opposed the idea of a permanent barricade. Dal Hoskins-Squire, who runs the division of traffic engineering, also opined against the permanent barricading. And then from FIRE, the captain, Greg Lingall, provided some comparison of access points, and finally that FIRE does not support the barricade of Agape Drive. Then we moved into a time of discussion among the council members. First, Council Member Henson, then Henson again, Mazzotti, Kay, Henson. I had a comment, and finally a comment by Council Member Clark who stated that Agape Drive should not be a connector street, and he refuted some of the staff objections to the barricade. We then had a motion to request law to draft a resolution to permanently barricade Agape Drive at the northern terminus in order to protect the character of the Dogwood Trace neighborhood and place the resolution into the work session for full council consideration. We had discussion of that, and that resulted in the map being here and the resolution being in here. After that discussion, which was then participated in by Council Member Ford, Kay again, and Mazzotti, we had a motion passed unanimously. So at this time, I would place before the council a resolution to permanently barricade Agape Drive. Place it so on behalf of the committee. Motion by Council Member Farmer. Is there a second? Second by Council Member Scottsville. Any discussion on the motion? Any discussion on the motion? All right. All in favor, then please say aye. Aye. Opposed, no. Motion carries. Thank you very much. Our third item was the municipal aid program is placed by Councilmember Stenet. He had questions about the uses of some of the funding there. It was determined that KRS 17, pardon me, 177.365 allows for the use of municipal aid program funds for the construction of trails. Councilmember Stenet stated that we need to establish a local policy regarding the use of MAP funds. We then, our item four was Todd's Road widening, phase two, which Keith Lovins stated that the project is currently in right-of-way acquisition, and nine of 52 necessary parcels have been acquired. Utility relocation is underway, and the District 7 office will begin construction in the spring of 2015. Aldona Palacenti then spoke to us about the fiber optic technology, which is an item I'd have placed in committee for update. She gave us a rather excellent update and talked about some of the outreach that the mayor was actually having a press conference that day during our meeting about making Lexington a gigabit city. We thanked her for the presentation. We did keep the item in committee for further update. We adjourned at 2.56. That completes my report. Thank you, Mayor. Thank you, Council Member Farmer. Council Member Kay. Thank you, Mayor. This is a report from the General Government Committee September 9, 2014. First item was approval of the summary. that was approved without dissent. The second item was the coroner's office salary and classification. Glenda George presented an amendment to Section 22-24 of the Code of Ordinances to provide a salary supplement to deputy coroners in the coroner's office. There was a very brief discussion and a motion to refer the issue to council, and I would like to make that motion at this time to refer the coroner's office salary and classification issue to the full council for approval. So moved. Second. Motion by Council Member Kaye, seconded by Vice Mayor Gordon. Is there any discussion on the motion? Yes. All right. Hearing none, then we can vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Thank you. The next item was a procedure for underwriting and sponsoring parks facilities. Roger Damon presented the item, explained that the two CAO policies have been created to address donation and recognition guidelines, and to create guidelines for naming park lands, features, and facilities with a fair market value exceeding $50,000. This had been discussed a number of times in committee. There was a brief further discussion, and we were informed that at this point there's no further action required by council. The policies are being presented only for information. The next item was the impact of vacant positions, and this was presented by Brad Chambers, a quarterly review of vacancies in the Parks and Recreation Department. After his presentation, again, he clarified there was no further action required by Council at this time. Next item was Parks Foundation, and Brad Chambers provided a presentation regarding the purpose and benefits of a Parks Foundation. There was a brief discussion, and at the end of which he was asked to bring forward a specific proposal back to the committee to consider moving forward with the next steps in the process. The final item on the agenda was items referred. We eliminated one item, and then there was a motion to adjourn. We adjourned at 1145. Thank you, Mayor. Thank you, Council Member Kay. And next is Council Reports. If Council Members please sign on, and beginning with Council Member Farmer. Thank you, Mayor. I wanted to thank you, so many members of the administration, and so many members of the council for being at the groundbreaking for the Lexington Senior Citizen Center in Idle Hour Park yesterday. Probably one of the most well done and joyous events many of us have ever been a part of. So we'll look forward to being in there as soon as possible. In fact, Mayor, a lady who's on the commission stopped me afterwards because you had said the center would be done in early 2016. she allowed to as to which her her time in office ran out in December and she would like for you to get it done in December. So noted, okay? Of 2015. Then I just wanted to say I had the privilege of meeting last night with the Chevy Chase Neighborhood Association and tonight I will be meeting with the Lansdowne Merrick Neighborhood Association. Tis the season. Thank you. Thank you, Councilman Farmer. Councilman Henson. Thank you, Mayor. I wanted to announce that tomorrow morning at 10 a.m. is the grand reopening of Safety City. If you've not been there, it's on Red Mile Court. And it is a very good tool for kids to use to learn pedestrian safety. And I personally would love to ride that little bus. But, yeah, I am excited. It's been closed for a number of years, and I am excited to see it up and running and being a useful tool for our third graders. So thank you, Mayor. Thank you, Council Member Henson. Council Member Myers. Thank you, Mayor. Continuing our Armstrong-Mill West Small Area Plan process, tonight we have our next meeting. It's at 530 to 730 p.m. and it's at the community center, the Gainesway Community Center, which is located at 3460 Milano Road. Again, I encourage all business owners in the district to come out as well as all residents to come out and take this opportunity to put your input into this plan. That will eventually be the roadmap for how we move forward with things development-wise and probably all other aspects, really, of quality of life issues for the 8th District. Thank you, Mayor. Thank you, Council Member Myers. Council Member Ford. Thank you, Mayor. Just a few announcements, and then I have a topic I'd like to ask for the council's attention to. This evening, there's a meeting of the Charles Young Center Advisory Board at 6 p.m. at the Charles Young Center. On tomorrow, which is Wednesday, October 15th, there is an East End Small Area Plan update meeting for the five-year anniversary of that plan. That meeting will also begin at 6 p.m. at the Charles Young Center, and we would invite folks from the East End and beyond to come on out. Council members, I want to bring forth a motion in response to some information that has been brought forth to us, and I think it's important for us to pay attention to. During our public comment last week, some citizens, constituents of mine and ours, raised questions in regards to ethics and conduct. Chapter 16 of our charter 40 years ago speaks of ethics. And then Chapter 25 of our code of ordinance adopted in late 1994 is the vehicle by what our ethics commission operates. It's been 20 years. I think that there are opportunities for us to at least review it and bring forth needed updates to that ethics ordinance that may help us as leaders and bring, restore, and keep confidence in our citizens. As such, I move to place the topic for the review of the Ethics Act, Chapter 25 of the Code of Ordinance, in the General Government Committee. So move. Second. I'm talking about Councilman Ford and I'm talking about Councilman Farmer. Is there any discussion on the motion? Mayor Gray, I'd like to speak further to the motion. Please. So, in discussion? In discussion, yes, sir. Yes, sir. Go ahead, Councilman Ford. It's worth us reviewing. My position here in bringing this forward is not to necessarily delve into any dynamics of any current situation that may have arisen. More so, it's being responsive to issues that have been brought to us by citizens. More so, it's an opportunity from what I've learned that it can actually be a help to our Ethics Commission. And I would like to, if I can, Mayor, ask Attorney George to come up and speak from that standpoint of the Ethics Commission over the last 20 years. Ms. George. Good afternoon, everyone. As you all know, I am the attorney for the Ethics Commission. And at several of our meetings, we have been talking about providing the council with some draft amendments to some of the sections of the Ethics Act that we think need to be changed. So this is an excellent opportunity for us to be able to bring those forward if it does get placed into committee. And over the past 20 years, we've done some minor changes, but nothing of any significance. Council, all right. Thank you, Glenda. Vice Mayor Gordon. Chris, are you finished? Okay. Council Member Ford, thank you. Council Member Ford, this is to the motion. And, Ms. George, if this motion passes, when we do discuss this in general gov, since the Ethics Commission has already thought about this and it sounds like you already have some ideas, can you go ahead and right off the bat bring those also with the committee packet rather than wait for us to ask for them? Or do you have them? We do not have them. The Ethics Commission is scheduled to meet again on October the 28th. So at that meeting, we could have a discussion about which sections we want to formally bring forward to the committee to consider. Okay. I think it's always helpful in the committees to, if you've already thought about this, and have the ideas to bring those forth right at the beginning when we have our discussion. Thank you. Thank you, Mayor. Thank you. Anyone else wish to speak to the motion? Councilman Myers. Thank you, Mayor. Mr. George, could you come back just a second? You said that in the past, over the 20 years, we've looked at and made amendments to this document. What's been the process for doing that in the past? In the past, the Ethics Commission has brought forward a draft of the changes, and then that's submitted to the council. I think every situation, it's been placed in committee, the chair of the committee, comes to speak, some of those things have gone forward and some of the things did not make it out of committee. Okay. Thank you. All right. If no further discussion, we can take a vote. All in favor, please say aye. Aye. Oops. All right. Council Member Lawless. Sorry. Is the makeup of the committee part of what you all talked about? We have. There have been a couple of times where we have changed the nominating organizations and actually one of the things we would like to present going forward is to do away with the nominating organizations for the Ethics Commission because that does make it difficult for us to get members. So that is one of the things that we would like to change. Thank you. All right. Any further discussion? All in favor of the motion, then, please say aye. Aye. Opposed, no. Motion carries. Thank you, Mayor. Council Member Scutchfield. Thank you, Mayor. I have an announcement for Athens-Chilesburg Elementary. We'll be having their fall carnival this Friday. It dates back to when they were still in the Athens School. It's something that the community loves, enjoys, cherishes, and I hope people can make it out. There will be silent auction. They're going to have food trucks this year for food where 20% of the profits go back to the school PTA. They will have games for kids. They will have bouncy houses for kids. It will be an absolute blast. So come out, if you can, Friday from 6 to 8. Thank you, Council Member Scotchfield. Council Member Masati. Thank you, Mayor. This is the result of our discussion we had today in environmental quality. I'd like to make a motion to put in environmental quality, expanding the enforcement of retention ponds that are on private properties and also the necessary steps that are necessary, I guess, for a city taking ownership of those detentions. Second. Motion by Council Member Sadi and second by Council Member Scotchfield. Is there any discussion on the motion? Okay, hearing none, then we can vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. That's all, Mayor. Thank you. Council Member Soddy, Council Member Lawless. Thank you, Mayor. I was detained in the hallway when we were talking about new business. and so if it's okay, I'd like to ask a question about item C of new business, the address, changing of addresses. I don't think anybody minds the question, but we've already taken a vote. Anybody object to the question? It's one of the questions one place in the 1st District. Okay, so that's what I wanted to know. Were they changing the process, or was there one that, okay, thank you very much. Council Member Farmer. Yes, ma'am. All right, Council Member Clark. Thank you, Mayor. I'd like to announce the meeting of the Pasadena Neighborhood Association tonight. It starts at 6 o'clock with a chili cook-off, and followed by a business session, session, and then some political discussion will follow that. Thank you, Mayor. Thank you, Councilman Clark. All right. That's all who have signed up for Council Reports. Allows us to move on to Mayor's Report. There's no Mayor's Report today. Allows us to move on to public comment for issues not on the agenda. Does anyone wish to speak? Mr. Mundy says no. All right. And there's a motion to adjourn by Councilmember Stennett, second by Councilmember Ellinger. Unless there's objection, we are adjourned.