# Urban County Council - November 5, 2015 > Auto-transcribed civic record · November 5, 2015 - **Permalink**: https://meetings.lexingtonky.news/meeting/3821 - **Source video**: https://lfucg.granicus.com/player/clip/3821?view_id=14&redirect=true - **Date**: 2015-11-05 - **Last revised**: November 5, 2015 - **Length**: 14,294 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 convened on November 5, 2015, at 6:24 PM in the Council Chambers in Lexington, Kentucky, with Mayor Gray presiding over the session. The meeting addressed two agenda items, including consideration of Ordinance 1223-15, which was approved, and Ordinance 1377-15, which received its first reading. During the proceedings, the council conducted two motions and votes, while also hearing from two members of the public who provided comments on matters before the body. The session represented routine legislative business for the Urban County Council as they worked through ordinances in various stages of the approval process. ## Attendance All council members were present for the November 5, 2015 meeting. **Present:** • Moloney • Mossotti • Scutchfield • Stinnett • Akers • Bledsoe • F. Brown • J. Brown • Evans • Farmer • Gibbs • Hensley • Henson • Kay • Lamb **Absent:** None **Late:** None ## Votes and Decisions The council conducted two roll call votes during the November 5, 2015 meeting, with both measures passing unanimously among members present. **Ordinance 1223-15** - Creating one Classified Civil Service Position of Personal Protective Equipment Technician was brought forward by Ms. Scutchfield and seconded by Ms. Henson. The ordinance passed with 15 ayes, 0 nays, and 0 abstentions. All council members present voted in favor: Moloney, Mossotti, Scutchfield, Stinnett, Akers, Bledsoe, F. Brown, J. Brown, Evans, Farmer, Gibbs, Hensley, Henson, Kay, and Lamb. **Resolution 1207-15** - Accepting bids for Equipment Rental with Operator was motioned by Mr. Farmer and seconded by Mr. Kay. This resolution also passed unanimously with 12 ayes, 0 nays, and 0 abstentions. The members voting in favor were: Moloney, Mossotti, Scutchfield, F. Brown, Akers, J. Brown, Evans, Farmer, Gibbs, Hensley, Kay, and Lamb. Three members who voted on the previous ordinance (Stinnett, Bledsoe, and Henson) were not recorded as voting on this resolution. Both measures received strong support from the council with no opposition or abstentions recorded. The first ordinance establishes a new classified position within the civil service system, while the second resolution addresses equipment rental procurement through the bid acceptance process. ## Budget and Financial Actions The meeting addressed three significant financial actions totaling $764,469 in contracted services and infrastructure improvements. **Deer Haven Pump Station Decommissioning - Resolution 1318-15** The council approved a $79,469 contract with Cumberland Pipeline, LLC for the decommissioning of the Deer Haven Pump Station. This infrastructure project involves the formal shutdown and removal of existing pump station equipment and facilities. **Winburn Small Area Plan - Resolution 1248-15** A $100,000 contract was authorized with EHI Consultants for the development of the Winburn Small Area Plan. This planning initiative will provide comprehensive analysis and recommendations for future development and land use in the Winburn area. **Ft. Sumter Dr. Stormwater Improvements Project - Resolution 1264-15** The largest financial commitment involved a $585,000 contract for stormwater infrastructure improvements along Ft. Sumter Drive. This project represents a significant investment in the city's stormwater management system to address drainage and flood mitigation needs in the area. These three resolutions demonstrate the city's commitment to infrastructure maintenance, urban planning, and stormwater management, with expenditures spanning utility decommissioning, community planning services, and essential infrastructure improvements. ## Public Comment Two speakers addressed the council during the public comment period, both focusing on the proposed minimum wage ordinance for Lexington-Fayette County. **Mr. Bill Burke** spoke in opposition to the ordinance establishing a minimum wage in Lexington-Fayette County. He presented arguments against the proposed legislation. **Mr. Christian Torp** spoke in support of the ordinance establishing a minimum wage in Lexington-Fayette County. He advocated for the council to move forward with the proposed minimum wage requirements. The public comments reflected the divided community opinion on the minimum wage proposal, with speakers presenting opposing viewpoints on the economic and policy implications of establishing local wage standards. *Note: Specific transcript timestamps were not available for these public comments.* ## Appointments The meeting addressed two personnel changes involving resignations from county positions. **Resignations:** • **Robert Roark** - Community Corrections Officer - resigned • **Jessica Williams** - Budget Analyst, Sr. - resigned Both resignations were acknowledged during the November 5, 2015 meeting proceedings. No additional details regarding effective dates, reasons for departure, or replacement procedures were provided in the available meeting materials. ## Contested Items The November 5, 2015 meeting featured significant debate over a minimum wage ordinance for Lexington-Fayette County, which resulted in a split vote among council members. The primary point of contention centered on establishing a local minimum wage, with council members disagreeing on the scope and implementation of the proposed ordinance. During deliberations, multiple amendments were proposed and debated, reflecting the divisive nature of the issue. Key areas of disagreement included: • **Tipped employee exemptions** - Council members debated whether workers who receive tips should be subject to different minimum wage requirements • **Small business exemptions** - Discussion focused on whether smaller employers should be exempt from the minimum wage requirements, with concerns raised about the potential economic impact on local businesses The debate highlighted fundamental differences in approach among council members regarding wage policy and its potential effects on both workers and employers in Lexington-Fayette County. Some members advocated for comprehensive coverage under the minimum wage ordinance, while others pushed for various exemptions to limit the scope of the policy. The contentious nature of the item was evident in the extended discussion and the multiple amendments offered during the meeting. The split vote outcome demonstrated the lack of consensus among council members on this significant economic policy issue. The minimum wage ordinance represented one of the more significant policy debates of the meeting, with implications for both the local workforce and business community in Lexington-Fayette County. ## Ordinance 1223-15 Ordinance 1223-15 was presented to amend the authorized strength by creating one Classified Civil Service Position of Personal Protective Equipment Technician. The ordinance was discussed by key speakers Ms. Scutchfield and Ms. Henson. The ordinance was approved during the meeting. *Note: Specific transcript timestamps and detailed discussion points were not available in the provided meeting materials for this agenda item.* ## Ordinance 1377-15 Ordinance 1377-15 was presented for first reading, proposing to create Chapter 13A of the Lexington-Fayette Urban County Code of Ordinances to establish a minimum wage in Lexington-Fayette County. The ordinance was discussed by several council members, with key speakers including Mr. Farmer, Ms. Scutchfield, and Mr. Gibbs participating in the deliberations. As this was the first reading of the ordinance, the item was presented to introduce the proposed legislation to the council and begin the formal review process. The ordinance would create new local minimum wage requirements that would apply within Lexington-Fayette County jurisdiction. The agenda item concluded with the ordinance receiving its first reading, which is the initial step in the legislative process. The ordinance will require additional readings and potential amendments before final adoption by the Urban County Council. *Note: Specific transcript timestamps are not available for this agenda item.* --- ## Decisions - **Ordinance 1223-15** — passed (15-0): Creating one Classified Civil Service Position of Personal Protective Equipment Technician - **Resolution 1207-15** — passed (12-0): Accepting bids for Equipment Rental with Operator --- ## Full transcript Music Thank you. Thank you. so guitar solo guitar solo Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. I'm going to go to the next video. Thank you. Thank you. I'm going to go ahead and put it in the middle of the room. Thank you. I'm going to go ahead and put it in the middle of the room. Thank you. Thank you. I'm going to give you the unwelcome duty of telling them I'm going to start the council meeting. We need eight. All right, I'll ask Wes to. All right. Welcome. Thank you, and welcome to meeting of the council. Tonight, first on our agenda is a roll call. I'll ask the clerk to please call the roll. Mr. Maloney? Yes, ma'am. Ms. Massadi? Yes. Ms. Gutchfield? Yes. Mr. Stinnett? Yes, ma'am. Ms. Akers? Ms. Bledsoe? Yes. Mr. Fred Brown? Here. Mr. James Brown? Here. Ms. Evans? Here. Mr. Farmer? Yes, ma'am. Mr. Gibbs? Here. Mr. Hensley? Here. Ms. Henson? Here. Mr. Kay? Yes. And Ms. Lamb? Here. Thank you. Thank you, Madam Clerk. Next on our agenda is invocation. I'd like to ask us all to stand tonight for a moment of silence for Richmond Detective Daniel Ellis and his family at this difficult time. The Ellis family and the police family in Richmond and throughout Kentucky need our thoughts and our prayers tonight. Our police officers across Lexington, across our state and our nation put themselves in harm's way to protect us. We are thankful. We are grateful for their dedication and their sacrifice. So if you'll join me in a moment of silence now. all right thank you all next on our agenda is the second reading of ordinances and i'll ask clerk martha allen to please give us the second reading of ordinances ordinance number one an ordinance amending the authorized strength by creating one classified civil service position of personal protective equipment technician grade 511 n in the division of fire and emergency services effective upon passage of council number two an ordinance changing the zone from a wholesale and warehouse business before zone to a neighborhood business be one zone for 1.2 for net 1.2 for net 1.44 gross acres for property located at 1108 South Broadway Greer land company AMD council district 3 number 3 an ordinance changing the zone from a high-density density apartment are for zone to a planned shopping center b6 p zone for 0.99 net 1.16 gross acres for property located at 4251 sarin drive a portion thereof continental real estate council district 8 number 4 an ordinance changing the zone from a single family residential r1c zone and a neighborhood business b1 zone to a highway service business b3 zone for 1.12 net 1.47 gross acres for property located at 1201 south broadway 406 pike road and 408 pike road Greer Nick Road 2 LLC, Council District 11. Number five, an ordinance changing the zone from a single-family residential R1E zone to a neighborhood business B1 zone for 0.6439 net, 0.8714 gross acres for property located at 3092 and 3094 Leestown Road, Journeys End LLC, Council District 2. Number six, an ordinance changing the zone from a wholesale and warehouse business B4 zone to a neighborhood business B1 zone for 2.865 net, 3.457 gross acres for property located at 1447 antique drive a dimensional variance is also requested solomon van meter council district 2. number seven an ordinance amending certain of the budgets of the lexington fayette irving county government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds schedule number 11 excuse me schedule number 12. and number eight an ordinance amending certain of the budgets of the lexington fayette urban county government to reflect current requirements for funds in the amount of 363.96 for the division of environmental services from neighborhood development funds for the purchase of street trees and appropriating and reappropriating funds schedule number 13. thank you madam clerk is there motion to approve motion by council member scotchfield second by council member henson is there any discussion on the motion all right hearing none then i'll ask clerk please call the roll mr maloney yes ma'am miss massadi yes miss scotchfield yes mr stennett Yes, ma'am. Ms. Akers? Yes. Ms. Bledsoe? Yes. Mr. Fred Brown? Yes. Mr. James Brown? Yes. Ms. Evans? Yes. Mr. Farmer? Aye. Mr. Gibbs? Yes. Mr. Hensley? Yay. Ms. Henson? Yes. Mr. Kay? Yes. And Ms. Lamb? Yes. Thank you. All right. Thank you, Madam Clerk. The vote reflects passage of the motion. It allows us to move on to ordinances for a second reading. There are a number of our citizens who have joined us tonight, I imagine, to speak on item number 11, ordinance for first reading number 11. So I'll ask for a motion to allow for those who are here to speak to item 11, the minimum wage. I'll ask for a motion before number 11 is read. Second. All right, motion by Councilmember Maloney, second by Councilmember Farmer. Is there any discussion on the motion? All right, hearing none, then unless there's objection, we will take the reading. We will take those wishing to speak to public comment before number 11. And I will, Madam Clerk, if you'll just stop after number 10, and then I'll ask for public comment. Thank you. All right, I'll now call those of you who have signed on for public comment. If you'll please just come to the podium and give your name and address. And those who do speak are given three minutes to speak, unless you are yielded time by someone else. All right, and so we begin with Christian Torp. Christian. and then and then next is bill burke thank you mayor members of the council i just i would like to urge you please pass this ordinance i mean it is so difficult to live today things have gone so much up in price and to live on what the minimum wage is there's no way that that's a reasonable wage for a family you know even a single person live on the way rents are going up and everything else and you know it might not supposed to be a livable wage but if you're working full-time 40 hours a week I would expect that someone's at least able to make it through in this city on that and with what it is right now in the federal government is and so I thank you for your service and I please urge you to pass this most modest increase in the minimum wage thank you thank you Christian Bill Burke and after bill is Janet Tucker. Thank you, council members, for hearing me out tonight. I would like to speak in opposition to this ordinance and the fact that we keep saying that $7.25 or the minimum wage is not a wage you can raise a family on, and I suggest to you that anybody who is trying to raise a family on minimum wage is much larger, it's part of a much larger social problem than just the minimum wage. minimum wage was never meant to raise a family on it was never meant to be a livable wage it was meant to be minimum wage for minimum skills requiring in minimum skill set jobs should you go ahead and process this and go ahead and vote for a minimum wage increase in effect my company the company that I own would be affected to the tune of a hundred seventy five thousand dollars over the next 24 months. That's a hit I can't sustain. I would be faced with the choice of either laying off employees, ceasing business in the city of Lexington, or cutting out health care for all my employees. And none of those are options I'd like to face. My company does not pay anyone minimum wage. I believe if you get minimum wage, you pay minimum wage, you get minimum effort. And you can expect minimum qualifications. So we start all our employees out at $9 an hour. That's a very fair wage compared to what is the nationally recognized minimum. Should you decide that you're going to raise minimum wage, you can expect two things to happen. You will see small business exit the city of Lexington, and you will see low-skilled employees enter the city of Lexington. Along with that, you will see illegal immigration. You will see illegal immigrants. You will be inundated with people looking for the better jobs, the better paying jobs that don't exist here. That will exacerbate your problem. I really don't know what else I can add. It's just not a good idea. I feel for the people who are making a minimum wage, but if you don't like where you're at, it's a free country. You can pick up your roots. You can give two weeks' notice and go work somewhere else. Thank you very much. All right. Janet Tucker. Hi, my name is Jana Tucker for 17 Johnson Avenue. I know you've all heard me talk on this several times before, so I won't. All I want to say tonight is, as a member of Kentuckians for the Commonwealth, our Central Kentucky Chapter of 2,000-plus members is very much behind this. And we thank the council members that have brought this this far, and we hope that you can finish this for citizens in our area. So thank you very much. All right. Thank you, Janet. David Sams. David Sams. I live at 2853 Winter Garden Drive. and in 2000 we endeavored in a living wage and we worked on that very hard and as you can see minimum wage has moved up very little can we sustain the wage that we proposed out there if you're on the bottom run of making this you know this little money to live on and trying to feed a family, you miss out on a lot of stuff by having to work two full-time jobs, odd jobs. The kids usually end up suffering, not being with the kids, you know, not being with your kids. They end up in trouble. When do we look at this problem and try to, you know, take care of our future? Our future is our children. And, you know, raising minimum wage, if this could add another three, four hours at home for a mother or father and teach our children, you know, what we need to teach them, keep them out of trouble, help them with their schoolwork. um you know i would say that it would be a bonus for this city to you know try to do what is right social and uh you know let's it's been so long that we're trying to get to a point where people can live and raise their children in this town without having to you know if If you understand what I'm talking about, if you have children, you like to spend as much time as you can with them. A lot of parents, they miss that opportunity. And I just hope you all take that into consideration when you make your decision. Thank you. All right. Thank you, David. Next is Stephen Katz. Steve Katz, 113 Clyde Street and I want to urge the council to pass this ordinance that will help a lot of people I'd like to thank you in advance for doing it it's not a perfect ordinance, I'd like to see a better one and I hope that come July 1st, 2018 maybe the winds and chains will blow hard enough that we can have a council that will be able to include a cost of living adjustment so we don't have to go through this again. And I'm particularly disappointed in the way that tip workers have been thrown under the bus. The $2.13 an hour minimum wage that tip workers receive by and large is something I'm well familiar with because just a few months ago I was getting it myself. Most people that are working in that situation have to have two or three jobs to make ends meet, and it's a struggle. There's another problem associated with it, is that there's widespread abuse of the existing wage and hour laws. The practice of tip pooling is widespread. It's specifically prohibited by Kentucky law. It's something that is more common in individually owned restaurants than in chain restaurants. Another thing, there's a federal law that requires that if you work 20% of the time doing side work, mopping floors, cleaning windows, polishing serverware, things like that, you should be paid the regular minimum wage for that time. But Most of the individually owned restaurants in this town, and many others, do not even keep track of those hours. Even though they have the software that enables them to do so, it is being used by many of the corporate owned restaurants. This brings up my great concern for the future with regards to enforcement of wage and hour laws. Given the results of the election this week, I have great fear that the labor cabinet in Frankfurt, which is already overburdened and underfunded, is going to be much more so. And I think that it behooves this council, in addition to passing this ordinance, that in the near future you should consider some kind of an enforcement arm where people can go to with the complaints that they have about wage theft that is widespread in this town. Thank you. Thank you, Mr. Katz. Don Cloyd. Can you guys hear me? Okay, Don Cloyd, 4390 Fort Springs Road. Thank you guys for having us here this evening. I see I've still got five seconds left of the last person's time. I may take it. I am with Newton's Attic. We are an engineering education nonprofit. I think I crashed a meeting not too long ago that maybe was by invitation only, so some of you have heard some of this before. We do after-school programs, summer camps, field trips, birthday parties for students ages 6 to 17, and we pull from areas all over Kentucky. Most of our staff are high school students, college students, and teachers who work during the school year and then teach for us during the summer or in their after-school time. Nobody that we hire supports a family for living on our wage. And I can tell you that they're all very happy to work. We have some people at 7.15 hours, some people at 8, some people at 9 or 10. Some of the professional teachers at 15, depending on their years of experience, their abilities, their skills. Because we hire young people as young as 15, 16 years old, they come with very little experience, often very few skills. There are things that they, if we had to pay them more, we may simply not hire them at all. Or, contrarily, because we're a 501c3, we could simply pull from the volunteer. Lots of students are required to volunteer. Community service is a big thing. I would rather pay somebody so that I can depend on them. I can tell them when to show up and when not to show up and have something to reprimand them with if they should not show up. It's a lot simpler if you're running a small business. Running a nonprofit is much like running a small business to have staff rather than volunteers because volunteers are notoriously difficult to manage because they're there for free. But if I have to pay somebody $9 or $10 an hour that isn't worth $9 or $10 an hour, I will be forced to go to the volunteer pools. And those people that would have been making $7, $8, $9 an hour will be making nothing. They won't have a job at all. The other thing that would happen is that we would raise our prices. The people we serve in Lexington are families with children. Our camps are wonderful. We had 100-student waiting lists the entire summer. We had 1,140 registrations. But there are people that come to us that need financial help, that can't pay for the whole thing, and we offer partial sponsorships. If we have to raise our prices, this takes our science, technology, engineering, and math camps out of the affordable realm for a lot of the families. So our prices go up. That money comes out of the pockets of other families. Or it comes out of the pockets of my husband and me, who have worked for far less than minimum wage for many years. When you own a business, you will work long hours, late nights, for no pay, with your staff making a lot more than you do. That is part of running a business. So if I have to pay somebody $9 or $10 an hour for taking out the trash and cleaning things up, things that Bill and I would probably be better off not doing. We would be better off figuring out better ways to serve our customers, creating new and exciting programs, creating better educational things. But we won't pay somebody to do something if it costs too much. We will simply do it ourselves, and a lot of people do that. They do not hire if it costs too much. Business owners will not pay somebody more than it's worth. The other thing, the argument you hear is these people will have more money, they'll spend it in the economy, everybody will benefit. I would suggest you cannot create more wealth unless you create productivity or increase productivity or increase efficiency. Excuse me. Time's expired. Are you about ready? Are you about ready? Is someone going to yield time to you? Have you signed? Oh, Kathy, all right. Go right ahead. Thank you. Unless you increase efficiency or increase productivity, you do not increase the overall wealth. This is basic economics which our school system has very clearly failed to impart upon several generations now. If we give more money to people that aren't being any more productive or any more efficient, we are taking it away from somewhere else. We're taking it away from Bellamy, we're taking it away from the parents we're charging more to, or we're taking it away from the people that we are just not hiring. You cannot raise the level of a swimming pool by going down to one end, scooping water out of it, and walking to the other end and pouring it in and expect the level to rise. It's a fantasy. It might sound nice. You might say, hey, look, we're giving these people more. They need it. Isn't it wonderful? But at the end of the day, all you are doing is you're hurting the most disadvantaged people, the people with the least skills, the least experience, the young people who need a chance to start. Anybody with any skill, any experience and competence is generally not working for minimum wage because employers are desperate for competent people. They want to pay more to those people. They have to or they lose them. The only people making minimum wage are generally people that lack experience, skills, or responsibility. Okay? And if you force people to pay those people more, they will either not get a job at all and be making zero instead of something, or it will be at the expense of people who deserve more. Or it will be at the expense of the rest of us who are paying more for our goods and services. Do you think if Walmart has to pay more for its fees that you're not going to pay more for everything you buy there? You will. It's just, it's another cost of doing business. just like if your electricity goes up or your rent goes up or your heating goes up. It's no different. It's another item that has to be accounted for. You can't just make it up and with the stroke of a pen decide that you're going to raise somebody's standard of living without raising their productivity and efficiency. And I would suggest that there are people in this community that would like to put that time and effort into jobs training in the private sector, not necessarily through the government, because I think the private sector knows better what we need and want from our employees, and that there would be they need time though and I know that there are people in the city Janie Moores whom I'm sure all of you have heard from has a suggestion and has a plan and I hope you will listen to her and I hope you will consider what I said that young people people with low skills low experience are people that just want to work for people like us for whatever reason it's a contract between the person who's offering the job and the person who is accepting it it's a it's a contract and really it shouldn't be up to anybody else so yes thank you thank you for your time please consider wisely you can't just with a stroke of a pen try to make fantasy magic happen with numbers it doesn't work economically it simply doesn't thank you all right thank you all right that's all who signed on for no i do have one more marco marco budney Marco Budney, 2001 Buck Lane. I'm plant manager of ITW Power Tree and Fastening. We have 150 employees on Buck Lane, and we have a wide variety of skill sets. Our lowest skill set typically starts at $9 per hour. Our intermediate skill set for beginning positions is 12, and for more skilled individuals, we start at 17. But we've been here since 1985, and we have always had some distance between the minimum wage and our starting salary. And in my role, my job, in addition to manufacturing product that goes to Ford, GM, and Chrysler, is to maintain the profitability of the plant. Whenever there is a cost increase, it is my responsibility to find a way around it or to reduce it or to eliminate it. And in my case, any longer-term minimum wage increase would be pushing all of my pay grades higher, and I do not even have to wait for my bosses to ask me to solve the problem because we have already initiated looking for other locations in other counties for the lowest-skilled positions. You've been in our facility. you know that we have a whole bunch of tables where we have light assembly and sorting, and that can go to another county tomorrow, and that's 58 people. Thank you. All right. Thank you, Mr. Bundy. All right. I believe Mr. Farmer has a motion. Thank you, Mayor. When we were docketing this issue on Tuesday, I had asked questions about the tip wages and how they were handled or how they were contemplated in this ordinance. And I guess it took a subsequent conversation between myself and the commissioner of law to understand that even though the original version of this did raise the minimum for tipped wages, the net effect of passing this would be that whatever that minimum is, plus whatever the tips would be, would be incumbent upon the employer to pay the difference between those two. And I think one of the things that is part of the background here is the way we've handled this ordinance and the way that it's been brought forward. I think there are still great additions to this potential legislation. I think there are great exemptions to this legislation that would make it more palatable, if not better for all. But having said that and noting the really good commentary we've had tonight, which is a little bit different from the other times that we have taken this issue up. I mean, somehow when you finally sit down and docket it and begin to take votes on it, the quality and the passion of and I think the the arguments get better and more real. I think we've just heard two really good ones that if we pass this ordinance we're going to affect employment in this county in a way that's not contemplated by the ordinance. Back to my original conversation point about tip wages. To follow up on that and try to mitigate some of these problems that are going to be created for employers that I think are going to create problems with their viability within Fayette County I move to amend item number 11 under ordinances first reading to exclude tipped employees from the minimum wage increase established therein so moved all right motion by councilmember farmer second by councilmember Scotchfield I'll now open the floor for discussion if you'll sign on electronically you wish to speak to the motion council member Gibbs all right council member Gibbs we have some help for the law department on this it was my understanding that federal law would mandate that they would have to make minimum the tip workers would have to minimum wage that you're correct in that if the tips that someone receives are not equivalent to the federal minimum wage that is that's true so the current federal minimum wage if if you're a tipped worker you paid a cash wage which is someplace in the neighborhood of two dollars and thirty five cents or something along those lines under current law you would have to be the employer would have to if they did not reach that federal minimum wage of 7.25 they have to make up that difference under the the legislation proposed on item 11 if you're a tipped worker you would still the employer would still have to make up the difference between the 235 and whatever the minimum wage becomes if you all vote to raise it i hope that's clear okay what's 213 but so what councilmember farmer is proposing that they would only have to make make it up to seven and a quarter is that what he's doing okay well i'd be opposed i i i really would like to see the i'm not going to make an amendment tonight i just would like to see this pass as is but i think we're doing a disservice to our tipped workers and i know this for a fact i have children who work as tip tip servers and this is going to take away money you know they need to be making at least the 820 an hour um so i'd be opposed to the amendment thank you all right does anyone else wish to speak to the motion council member stendet no all right does anyone else wish to speak to the motion all right if not then we can vote all in favor of the motion please indicate by saying aye and voting electronically opposed no all right the motion fails oh wait a minute all right council member massadi's a no you're a no all right the motion fails thank you yes sir all right council member hensley uh thank you mayor um under the current ordinance that's in there it's unclear since i represent the 12th district which is 2.8 billion dollars of commerce to lexington status of the agricultural exemptions under fsla so i would like to amend it to be clear that the current ordinance as proposed would uh exempt agriculture workers as the fsla standards all right there's a motion and there's a second is there discussion on the motion maybe it would be worthwhile to restate the motion i make a motion to clarify the ordinance to exempt agricultural workers per the fsla standards and the federal minimum wage exemptions it's not unclear right now the ordinance just assumes that we're going to accept the definition of an employee as per the standard it needs to be clearly stated in this ordinance there's some room in it all right we have a motion we have a second all right the floor is available for discussion councilmember acres thank you mayor could i don't know someone from the law department explain to help me understand what councilmember hensley is talking about under the current federal minimum wage law and the federal minimum wage law has exemptions for agricultural workers that are somewhat detailed. The Kentucky State minimum wage law in their definition of employee exempts out agricultural workers. So I understand and respectfully with respect to Council Member Hensley, I understand he wants to clarify the law department. You don't supersede that anyway. Right. The law department when we prepared the minimum wage ordinance in item 11 use the definition of employee that was in state law so we feel like that takes care of the agricultural worker exemption and that would then be covered just under federal law hope that makes sense yes thank you i have talked to the folks at farm bureau about this and talked and so i just wanted to make sure that it wasn't something that i had not already studied thank you all right council member standing thank you commissioner hold on Does the state define what an ag worker is? How does an operation define what? Because I'm thinking nurseries could fall into that, garden, wholesale places could fall into that if they're out in the rural area. How is that defined? I would have to pull state law. My recollection is that it's not defined. It just exempts them out. So it could be a broad, pretty broad category. Probably so. So it's not, though? You don't think it's defined anywhere? I don't believe it is. I just see some business in state law to fall into this category to avoid having to abide by the local ordinance. Right. Okay. Thank you. All right. Does anyone else wish to speak to motion? All right. If not, then we can vote electronically again. All in favor. Aye. And opposed, no. all right motion the motion passes what's that Yes. Mayor, can I make one clarification? We've looked while you all have been and with help to somebody that has state law here. There is a provision in state law which defines the word agriculture. Okay. Council Member Scotchfield. Thank you, Mayor. I just, regarding ordinance number 11, I've spoken to so many people in my district, so many companies in my district, that as a small business, it's going to majorly impact their ability to stay in Lexington. And with that and the understanding under the ACA definitions, I make a motion to amend the minimum wage ordinance to exclude businesses that employ 50 persons or less, consistent with the definition of small employer in the u.s code setting up the aca so moved all right there's council member motion by council member scutchfield where was the second council member hensley all right motion to amend is there discussion on the motion Councilmember Hensley. I support this motion because it's the same definition that the Obama administration has used to relieve burden from small businesses under the Affordable Care Act, which is already a burden to most businesses along with what we're talking about tonight. So I would support this. Councilmember Akers. Council Vice Mayor Kaye. Thank you, Mayor. I'm not going to support this motion. It's very similar to a motion that was made when this was scheduled to be docketed. It would essentially gut the entire intention of this proposal. We hear repeatedly, not just here, but every place this has been proposed, that there'll be a tremendously negative impact on employment and employers, people will move away, people will lose their jobs. All of the evidence that we can gather, with minor exception, essentially says that's simply not the case. These are stories that get told, and I've said this before, I'll say it again. Nobody can stand here and guarantee that there won't be a single job lost or a single employer who doesn't have to go out of business. But on balance, so many people are benefited. And what we gain from putting money in the hands of people who need it badly and will only go and spend it on food, on clothing, on housing, it has a positive impact on the entire economy. So, not that I doubt what anybody has come forward to say, but on balance, it simply does not wash. And this amendment, as I said, would gut the intent of the proposal, and so I urge my colleagues to vote no. Thank you, Mayor. Thank you, Vice Mayor. Council Member Farmer. I just don't see that the whole legislative process around this issue has to do with balance. I think this legislation puts us as a community and a county out of balance with all of our trading partners around us. And we've had specific input tonight here from people who say jobs will be lost, businesses will close. Those were not maybes. That wasn't a study. That was real life right here at that microphone. If this guts it, I'm sorry. But those are small businesses, and those are businesses that make this community run. We rely on a whole lot of businesses of all sizes, but you're taking an unfair advantage of smaller ones in this relation to this ordinance, which moves tens of millions of dollars from one side of the ledger to the other. And when those numbers turn red, those businesses are gone. I am for this. Thank you. Councilmember Maloney. Thank you. I have a concern about how you enforce this. I mean, there may be some small businesses that are doing well, and they're willing to take this increase, and then there'll be some businesses that are larger that are taking a lot more sacrifice. So I don't know how we keep the playing field the same and how you monitor this. And then who is going to monitor to say this is a small business, this should not be getting this money, and this other group should get this money. I just I have not heard anybody come up with a how we're going to monitor these kind of things So the last thing I want to do is just make it more sound like we had more of this on It's going to be more confusing and it's going to really be like a baseball when you pull a baseball string At a whole baseball falls apart. So we're going to pass anything or do anything. We need to keep it solid So hopefully we don't I just I just can't see how we're going to monitor something like this. Thank you Councilmember Scutchfield. Thank you, Mayor. You know, we have a lot of people here that have said over and over again, studies, you know, we've given you these studies that tell you things about this minimum wage that support the way we stand. The studies that you've given us are by think tanks that their sole purpose is in order to push this legislation. We have had economic professors come up and tell you, who have written journal entries, who have been published all over the world, that have said, this is not good. I'm trying to protect the small businesses. Your Walmarts, your McDonald's, they're large corporations. They're able to handle this a little bit better. These small companies, they can't. You're asking for businesses to leave. we want to be inviting to businesses I want to protect the businesses that are here thank you all right councilmember Gibbs thank you mayor those professors that came here by the way focused on a very narrow set of questions and they were discussing the impact on a certain number of group of people and raised amount of poverty they construed the whole question of the minimum wage very very narrowly and you might remember I was pretty disturbed that they took such narrow approach i don't think to be honest those guys were not intellectually honest i'll just leave it at that and they can come talk to me if they want steve would you put up a graphic for me one of the things that's really worn me out is small business owners saying the sky is going to fall if we raise wages i'd like you to take a look at this this is a history of the minimum wage that's the number of times it's gone up you keep scrolling steve it's like in this and it started in 1938 and it's gone up over and over and over again and has there ever been a catat and economic cataclysm as a result of that and I can answer that because I'm I teach history at a college that's my job I'm an historian there's never been an economic cataclysm we're raising the minimum wage for 13% at this point if the if this goes through some of the races have been as high as 87% back in the 1950 I think it was I've I've been a small business owner myself I have many friends who are in small business I am sympathetic to small business this is not going to destroy small business given that you know if you look at the historical record I don't see why this time would be any different thank you Councilmember Hensley Thank you, Mayor You know, twice this has been said that this will gut this bill and, you know, the definition of what a small business is is very clear by those people who have created jobs, paid payroll The Small Business Administration has this very clearly defined when we talk about what the Affordable Care Act is doing, we have to report by the same codes that the NAICS codes that we said were vague. I have to turn that in to tell what my ACA definition of Obamacare is. And the employee counts are reported on our state and federal income taxes when we pay our income taxes. So the mechanisms are there in place to report and account for what is a small business under definitions by federal law that's already imposed upon us. and you know to discuss academic fraud you know i mean i would go the other way in the information that's been presented to this council to social engineer this issue i mean this is you know when jake says that we've had intellectual uh dishonesty you know the word he's looking for is academic fraud and i'm very upset that he said that all right all right that's all the council members who've signed on to speak. All right. Vice Mayor. Yeah. I want to come back with just two things. One, in my mind, it is a question of balance. We want to protect small business owners and large business owners as much as possible. But someone has to speak for the people who now, with their minimum wage, are making 70%, 60%, 70% of what they used to make in terms of real dollars. These are people who are trying to keep their lives together. And what we've done systematically as a state, as a country, as a locality, is ensure that these people remain in poverty even though they are working. That's one side. Now, about the research. You can dismiss it if you wish, but I just want to read a summary. An analysis of 64 minimum wage studies containing 1,500 estimates of the impact of minimum wage increases found that the bulk of the estimates clustered around zero on near zero employment effects and concluded that, quote, if there is some adverse employment effect for minimum wage increases, it must be of a small and policy irrelevant magnitude, which is to say they can't find that it has any negative effect. A statement signed by 600 economists, including seven Nobel Prize winners and eight former presidents of the American Economic Association, said that, quote, In recent years, there have been important developments in the academic literature on the effect of increases in the minimum wage unemployment, with the weight of evidence now showing that increases in the minimum wage have had little or no negative effect on the employment of minimum wage workers, even during times of weakness in the labor market. So on balance, the people who are at the low end of the wage scale are not negatively impacted by this. They are helped. Thank you, Mayor. All right, that's all we've signed on to speak. We can now call for the vote. All in favor of the motion, is everybody clear on the motion? All right, all in favor of the motion, please indicate by saying aye and voting electronically. And oppose no. All right. Motion fails. all right all right is there any further is there any further discussion or motions on this all right then madam clerk you can please keith have you got something i'm pinning it in now does it relate to this before the one motion that passed all right The ordinance was amended, Mayor. Okay, yeah, right. I understand, right. Number 11, an ordinance creating Chapter 13A of the Lexington-Fayette Urban County Code of Ordinances, establishing a minimum wage in Lexington-Fayette County of $8.20 per hour beginning July 1, 2016, $9.15 per hour beginning July 1, 2017, and $10.10 per hour beginning July 1, 2018, providing an exemption for agricultural workers, providing remedies for employees paid less than the minimum wage, and providing for a formal review of the minimum wage on or before July 1, 2018. Number 12, an ordinance amending certain of the budgets of the Lexington Fayette-Irving County government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds. Schedule number 14. All right. Thank you, Madam Clerk. I'll ask for any motions for Walcons. Council Member Farmer. Thank you. Thank you, Mayor. Earlier today, we had a workshop and an update on our negotiations with the water company over their franchise. and we've concluded negotiations with them. We're trying to bring this to the public's attention and to docket it so we can potentially take action on it by the end of the year. I know that our council is here and can answer questions on that as needed, but for purposes of public disclosure and moving forward, I move to place on the docket for tonight's meeting an ordinance creating and establishing forbid a non-exclusive water franchise. So moved. Motion by Councilmember Farmer and second by Councilmember Scutchfield. Is there any discussion on the motion? All right. Hearing none, then we can vote. All in favor, please say aye. Aye. All right. I was, Councilmember Hensley, you signed on for, not for discussion. All right. Councilmember Lamb. Thanks. I was unable to make the meeting this afternoon, and I understand that this is being walked on, but I'm just curious as to why it's not following the process of coming on at work session. where we can actually have a presentation to the full council before it's walked on. I don't know whether to ask Ms. Graham this or the council. I'm just curious. I mean, we have four this, well, we have three more council meetings before this is over. I don't know if I can answer it, but I can tell you that there was discussion about that at the workshop, And I think the discussion revolved around whether it was better for the public to have this publicly put on a docket to allow for more input To the council and whether if it wasn't put on the docket at this point tonight Whether it would decrease the amount of time before your council break to get public input That's the only thing that I remember from the discussion other than that. I can't really say anything Okay, all right. I understand that and I respect that but I'm just curious that well I say that if it was put on the work session agenda, it would still have proper time. So I don't think I can support this motion, and I would rather prefer it to be brought forward to work session on Tuesday. Thank you. All right. Thank you, Council Member Lamb. Is there further discussion on the motion? Council Member Stennett. Thank you, Mayor. I would echo the sentiments of Council Member Lamb. I think this is too important of an issue for our community. And when we did the electric and gas franchises earlier, or last year actually, we had a presentation at work session before council. So the public can understand what we're voting on. I think that would be very helpful. And I think if we could do that before the council meeting on the 19th, maybe at the work session on the 17th, it'll give the administration time to blue sheet. I don't see the need to rush it tonight and walk it on, but I think a presentation. So people can understand what we're committing to with the water company and give their input is very valuable. So I would agree not to support the motion tonight. All right. Is there any further discussion on the motion? Council Member Henson. Thank you, Mayor. I guess I see this as going out to bed, a way that we could be transparent with the public. You know, this in no way says Kentucky American Water Company. It's a bid for a franchise for our water. So then when we come back, the way I understood it, the workshop, when we come back from break, we will then have a company that has been selected through the bid process to vote on. So I see plenty of time for transparency, and I will support the motion. So thank you. Vice Mayor Kaye. Thank you, Mayor. In the workshop this afternoon, there was a fairly extensive conversation about which way to do this. and there was, I think there was agreement that what we wanted to do was do it in a way that was as transparent and as public as possible. I was initially more in favor of putting it on the work session, as has been suggested, but where we came to was that this, on balance, this afternoon, to the people who were at the workshop, this seemed to be a better way to actually let the public know. I don't have a strong feeling one way or another, but I just want to make it clear that this is not a question of whether we some people want more input and some people want less input, more transparency, less transparency. We all want the transparency. We all want the input. We'll get it either way, but we agreed to put it on and let the whole council decide as we are doing now. Thank you, Mayor. All right. Council Member Loney. I think we ought to recommend what there were a couple of council members. few of them weren't there this afternoon and i think they should have a right to hear it like we had an opportunity for discussion and there was some good discussions in there that i had some serious concerns about the franchise that i was not very happy with that i think we should have beefed up some language but i think the other council members should hear what we were concerned about so i would recommend that we do bring it up on tuesday and let everybody be able to be open in mind is about this because it this is something been going on for a long time and this is new and the water issue is very important to this community and i just think i'm not saying we're doing something as a way of rushing things through but i think we need to be proactive on this and not be and we'll be reactive if we we do this kind of stuff so hopefully i'm not going to support the motion so i hopefully we we can put it on for tuesday thank you councilman henson Thank you, Mayor. I guess I just wanted to make sure it's clear to those watching. This is not the franchise agreement. It is a bid for the franchise. So I don't want anyone watching or listening to think that we're pushing the franchise agreement. Thank you, Mayor. Council Member Lamb, Council Member Bledsoe. Council Member Lamb and Council Member Bledsoe. Since I've already spoke, I will let Ms. Bledsoe speak first. Thank you. I was just going to say that to echo exactly what Councilman Henson said, and that was the point of the workshop today for those of us that came, was to listen to said agreement, look at it, ask appropriate questions of counsel. You don't have to. I'm just saying that you were there. And we had a very robust discussion. The whole point was to get this out so we can move it forward and the public know, and it was about transparency. And I appreciate the discussion that we had today. Thank you. Council Member Lamb. Thank you. And with all due respect, this creates the parameters for the bid. So this does set how those agreements will be set up. And I understand this is setting the bid process in place. But it creates the parameters for what the bid is going to be about. So it does, this is important. And unfortunately, I didn't know about this meeting until it showed up on the schedule, and I already had an afternoon full of meetings, and I was unable to make the meeting today. So I didn't know that we were going to have this, and maybe I missed it in an email prior to, but I didn't know the intention of today's workshop. So I would like to have an opportunity to see this information before it goes to bid. Thank you. All right. I need just a point of clarification, I think, for the would help the vote, Commissioner. What would a no vote, what would administratively, what sort of compromise? I think the law department is fine either way. We said at the workshop we'll go ahead and prep a motion. You know, whatever the council decides is fine with us. If you'd prefer us to go through the blue sheet process, we're fine with that too. So it's not going to affect it as far as I think the timing will be minimal. I mean, it's fine. Okay. That's what I was trying to just clarify so that those who are voting would be equipped. All right. Council Member Maloney, you want to speak again? No. All right. All right. We can vote then on the motion. All in favor of the motion, please indicate by saying aye. Opposed, no. Let's just vote electronically. So the motion fails. All right. All right. Then that allows us to move on. are there any suspensions any motions to suspend all right all right there are no this allows us to move on to resolutions for a second reading madam clerk whenever you're ready resolution number one a resolution accepting the bids of tom chestnut excavation and construction LLC, Woodall Construction Company, Inc., and L&M Asphalt Partners Limited, doing business as ATS Construction, establishing price contracts for equipment rental with operator for the Division of Streets and Roads. Number two, a resolution accepting the bid of Sierra Monitor Corporation, establishing a price contract for hazardous gas detection system for the Division of Water Quality. Number three, a resolution accepting the bid of CE Powers Solutions, LLC, establishing a price contract for switch gear maintenance for the Division of Water Quality. Number four, a resolution accepting the bid of Cumberland Pipeline LLC in the amount of $79,469 for the Deerhaven Pump Station decommissioning for the Division of Water Quality and authorizing the mayor on behalf of the Urban County Government to execute any necessary agreement with Cumberland Pipeline LLC related to the bid. Number five, a resolution ratifying the probationary civil service appointments of Derail Chestnut Public Service Supervisor Senior, Grade 517E, 1,763.60 biweekly in the Division of Waste Management, effective October 26, 2015. Frank Madsen, Administrative Specialist Senior, Grade 5, 16 and 22.50, hourly in the Division of Water Quality. Carrie Kelly, Telecommunicator Senior, Grade 5, 17 and 20.425, hourly in the Division of Emergency Management 911, both effective November 2, 2015, ratifying the permanent civil service appointments of John Lawhorn, Heavy Equipment Technician, Grade 5, 16 and 20.246, hourly in the Division of Facilities and Fleet Management. And Thomas Clements, Municipal Engineer Senior, Grade 5, 25E, 2501.60, biweekly in the Division of Engineering, Both effective October 6, 2015, ratifying the probationary sworn appointments of Brad Whitaker, fire major, grade 318E, 3557.01 biweekly at Jordan Soss, fire captain, grade 316N, 23.887 hourly, and Jason Neal, fire lieutenant, grade 315N, 18.508 hourly, all in the Division of Fire and Emergency Services, effective September 30, 2015. Let's give our clerk an opportunity to read the resolutions, y'all. Thank you. ratifying the permanent sworn appointments of Corey Lane police officer grade 311 and 20.09 two hourly effective September 7th 2015 Michael Algeier Keisha Compton Byron Creekmore Joseph Danielson Jennifer day John Finley Brandon Gibbs Donovan Grider Ethan Jennings Philip Johnson Michael Jones Elizabeth Canis Cody McMillan Stephen Wiggins and Joshua Woodward all police officer grade 311 and 20.09 two hourly effective May 11th 2015 Thomas Perkins police lieutenant Grade 317E, 3199.30 biweekly, effective June 8, 2015. Jonathan Bastian, Andrew Dougherty, and Jeremy Tuttle. All Police Lieutenant, Grade 317E, 3008.2.83 biweekly. Aaron Greenleaf, Jeffrey Jackson, David Sadler, Marcus Sell. All Police Sergeant, Grade 315 and 29.309 hourly, effective July 26, 2015. All in the Division of Police, ratifying the approved council leave for Timothy Lee, Resource Recovery Operator in the Division of Waste and Management, beginning October 5, 2015 through January 4, 2016. Number six, a resolution authorizing and directing the mayor on behalf of the urban county government to execute an agreement with Outfitter Satellite to change the existing universal card plan service to the Broadband Global Area Network Service at a cost not to exceed $1,020. Number seven, 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 $42,100 federal funds under the state criminal alien assistance program for the reimbursement of costs related to the incarceration of undocumented criminal aliens, the acceptance of which does not obligate the Irving County Government for the expenditure of funds, and authorizing the mayor to transfer unencumbered funds within the grant budget. Number eight, a resolution authorizing the mayor on behalf of the Irving County Government to execute modifications to agreements with the Kentucky Department of Military Affairs, Division of Emergency Management, for extension of the performance period through September 30, 2016, for the Chemical Stockpile Emergency Preparedness Program for fiscal year 2014 at no cost to the Irving County Government. Number nine, a resolution authorizing and directing the mayor on behalf of the Irving County Government to execute a memorandum of agreement with the Bluegrass Trust for Historic Preservation for the creation of a master plan document for the restoration and renovation of the Pope Villa at a cost not to exceed $50,000. Number 10, a resolution establishing Krauss Associates doing business as AK Associates as a sole source provider for telephone technology and equipment manufactured by Solicom Technologies, Incorporated, and authorizing the mayor or his designee on behalf of the Irving County Government to execute any necessary agreements with Krauss Associates doing business as AK Associates related to the procurement of these goods and services. Number 11, a resolution authorizing the mayor on behalf of the Irving County Government to execute an agreement with EHI Consultants for the Winburn Small Area Plan at a cost not to exceed $100,000. Number 12, a resolution authorizing the mayor on behalf of the Irving County Government to execute an amendment to the agreement with Benefit Insurance Marketing Incorporated for a one-year extension expiring on December 31, 2016 at a cost not to exceed $58,500. Number 13, a resolution authorizing and directing the mayor on behalf of the Irving County government to execute certificates of consideration and any other necessary documents and to accept deeds for properties located at 1601 and 1618 Fort Sumter Drive and 1665 Gale Drive for the Fort Sumter Drive Stormwater Improvements Project at a cost not to exceed $585,000. Number 14, a resolution amending Resolution 602-2014, which pertains to certain change orders related to the new Senior Citizen Center, to also authorize the designee of the mayor to execute the change orders to increase the not-to-exceed amount for an individual change order from $22,200 to $25,000, and to increase the cumulative total for all change orders executed pursuant to the resolution from an amount not-to-exceed $222,000 to an amount not-to-exceed $322,000. Number 15, a resolution amending Section 1 and Section 5 of Resolution No. 588-2015, which authorized the Division of Human Resources to make conditional offers of employment, correcting the classification for Suzanne Levy from probationary classified civil service to unclassified civil service, effective retroactive to September 24, 2015. Number 16, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a statement of affiliation between the Special Operations Team and the Rescue Squad for affiliation requirements under KRS Chapter 39F. Number 17, a resolution changing the property address numbers of 903 through 905 South Limestone to 905 South Limestone and 501 Robertson Street to 519 Robertson Street. And changing the street names and property address numbers of 4704 Agape Drive to 4704 Rosette Way, 4705 Agape Drive to 4705 Rosette Way and 101 Alexandria Drive to 2601 Trailwood Lane, all effective 30 days from passage. Number 18, a resolution authorizing and directing the mayor on behalf of the Irving County Government to execute a purchase of service agreement with 21C Lexington LLC for streetscape improvements at a cost not to exceed $207,786. Number 19, a resolution of the Lexington Fayette Irving County Government authorizing the Lexington Center Corporation to enter into a loan agreement with the Kentucky Bond Development Corporation for the purpose of borrowing an amount not to exceed $15 million to pay costs of various capital improvements and authorizing the Kentucky Bond Development Corporation to issue bonds payable from payments to be made by the Lexington Center Corporation under the Loan Agreement No. 20. A resolution of the Lexington Fayette Urban County Government authorizing the Kentucky Bond Development Corporation to issue bonds payable from TIF revenue to pay costs of development of the Summit Lexington project. Thank you, Madam Clerk. Is there a motion to approve? So moved. Second. Motion by Council Member Farmer, seconded by Vice Mayor Kaye. Is there any discussion? All right. If not, then Madam Clerk, please call the roll. Mr. Maloney? Yes. Ms. Massadi? Yes. Ms. Gutchfield? Yes. Mr. Stennett? Ms. Akers? Yes. Ms. Bledsoe? Mr. Fred Brown? Yes. Mr. James Brown? Yes. Ms. Evans? Yes. Mr. Farmer? Yes, ma'am. Mr. Gibbs? Yes. Mr. Hensley? Yeah, you've been on the left. I'm so sorry. Can you repeat that? Yay. Thank you. Ms. Henson? Mr. K? Yes. And Ms. Lamb? Thank you. All right. Thank you, Madam Clerk. The vote reflects passage of the motion. Allows us to move on to resolutions for a first reading. resolution number 21 a resolution accepting a bit of hydro controls incorporated establishing a price contract for fabricated stainless steel slide gates for the division of water quality number 22 a resolution accepting the bid of pedal power bike shop incorporated establishing a price contract for police bicycles for the division of police number 23 a resolution accepting the bid of best equipment company incorporated in the amount of $19,000 for confined space video inspection equipment for the division of water quality number 24 a resolution accepting the bid of Tennis Courts Unlimited Incorporated in the amount of $26,785 for Douglas Park Basketball Court coding for the Division of Parks and Recreation and authorizing the mayor on behalf of the urban county government to execute any necessary agreement related to the bid. Number 25, a resolution ratifying the probationary civil service appointments of Alex Hicks, Operations Supervisor, Grade 518E, 1,750.64 biweekly, in the Division of Streets and Roads Effective Upon Passage of Council, Lessa Spillman, Safety Specialist, Grade 518E, 1,673.20 biweekly john day operations manager grade 520e 1854.64 biweekly christopher phillips operations manager grade 520e 1844.72 biweekly all in the division of waste management john saylor program manager senior grade 524e 2007 11.54 biweekly in the division of environmental services karen tribble administrative specialist senior grade 516 and 21.66 hourly in the department of law dan james human resources manager grade 525e 2004 96.88 biweekly in the division of human Resources, all effective November 16, 2015, ratifying the permanent classified civil service appointments of Diane Lewis, Administrative Specialist, Grade 513N, 17.965 hourly in the Division of Revenue, effective October 20, 2015, and ratifying the approved council leave for Tomoy Carter Public Service Supervisor in the Division of Family Services beginning November 12, 2015 through February 9, 2016. Number 26, a resolution authorizing the Division of Human Resources to make a conditional offer to the following probationary civil service appointments. Stella Horton, administrative specialist senior, grade 516 and 21.184 hourly in the Office of the Commissioner of Planning, Preservation, and Development, effective November 19, 2015. Jesse Hurd, operations manager, grade 520E, 2013.81 biweekly in the Division of Waste Management, effective November 16, 2015. Ronald McCarty, deputy director of waste management, grade 529E, 3195.63 biweekly in the Division of Waste Management. Clay Webb, Resource Recovery Operator, Grade 513N, 17.411 hourly in the Division of Waste Management. Jeremy Reese, Resource Recovery Operator, Grade 513N, 16.455 hourly in the Division of Waste Management. All effective upon passage of counsel. Kenneth Armstrong, Director of Code Enforcement, Grade 526E, 3153.85 biweekly in the Division of Code Enforcement, effective November 30, 2015. And Larry Johnson, Program Specialist, Grade 513E, 1,826.92 biweekly in the Office of the Commissioner of Social Services, effective November 16, 2015, authorizing the Division of Human Resources to make a conditional offer to the following unclassified civil service appointment. Cornetta Harris, Victims Advocate, Grade 514 and 18.598, hourly in the Division of Police, effective November 16, 2015. Number 27, a resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute change order number three final to the contract with LAGCO Incorporated for the construction of Meadows, Northland Arlington Public Improvements Project Phase 5C, increasing the contract price by the sum of $7,937.44, from $814,542.04 to $822,479.48. Number 28, a resolution authorizing and directing the mayor on behalf of the urban county government to execute a lease agreement with Winmar Corporation for office space located at 125 Lyle Industrial Avenue for a three-year period for the Division of Water Quality at a cost not to exceed $403,366.65 per year, subject to sufficient funds being appropriated in future fiscal years. Number 29, a resolution authorizing the mayor on behalf of the Irving County Government to execute change order number two to the contract with Schaefer Contracting, LLC, for the Masterson Station Park restroom building project, adding 14 additional workdays and increasing the contract price by the sum of $7,609 from $175,674 to $183,283. Number 30, a resolution authorizing and directing the mayor on behalf of the Irving County Government to execute a purchase of service agreement with Children's Advocacy of the Bluegrass for extended hours and additional forensic interviews at a cost not to exceed $50,000. Number 31, a resolution authorizing and directing the mayor on behalf of the Irving County government to execute an agreement with the Kentucky Transportation Cabinet to accept funds in the amount of $66,250, $60,000 federal funds, $6,250 Commonwealth of Kentucky funds, are for the support of Lexington Community Land Trust as the host city for the 2015 National Community Land Trust Network Conference. Number 32, a resolution authorizing the mayor on behalf of the Irving County Government to execute facility usage agreements with various youth baseball leagues granting the right to use the Lexington Fayette Irving County Government's baseball fields in exchange for hosting community youth baseball leagues. Number 33, a resolution authorizing and directing the mayor on behalf of the Irving County Government to execute the Third Amendment to agreement with the Lexington Community Land Trust, Incorporated, in the amount of $66,250 for the support of the 2015 National Community Land Trust Network Conference. Number 34, a resolution authorizing and directing the mayor on behalf of the Irving County government to execute and submit the 2015 Continuum of Care application to the U.S. Department of Housing and Urban Development to provide any additional information requested in connection with this grant application, requesting funds in the amount of $1,798,081. Okay, y'all, let's give our clerk the courtesy of listening. All right. Thank you. You're still smiling, Martha. Thank you. Federal funds, which are for the operation of programs by community nonprofit organizations to reduce homelessness and to accept the grant if the application is approved. In the amount of $45,714 federal funds, which are for the project planning expenses related to monitoring all programs as a collaborative applicant, 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 35, a resolution authorizing the mayor on behalf of the urban county government to accept a donation of volunteer labor, paint, and furniture valued at approximately $1,035 from Emanuel Baptist Church for use in the reading room at the Black and Williams Neighborhood Center. Number 36, a resolution authorizing the mayor on behalf of the urban county government to execute a facility usage contract with the Fayette County Board of Education for use of the Norseworthy Auditorium at a cost not to exceed $1,511.50. Number 37, a resolution authorizing the Division of Water Quality to purchase replacement parts for the bar screens located at the Lower Cane Run and North Elkhorn Pump Stations from E&I Corporation, a sole source provider, and authorizing the mayor on behalf of the Urban County Government to execute any necessary agreement with E&I Corporation related to the procurement at a cost not to exceed $50,451. Number 38, a resolution authorizing the mayor on behalf of the Irving County Government to execute change order number three to the Engineering Services Agreement with Hazen and Sawyer PSC for sanitary sewer assessment reports and sanitary sewer and wastewater treatment plant remedial measures plans. for consent to create implementation, extending the contract term through fiscal year 2017 at an estimated cost not to exceed $390,000 for fiscal year 2016 and $780,000 for fiscal year 2017, subject to the appropriation of sufficient funds in fiscal year 2017. Number 39, a resolution authorizing and directing the mayor on behalf of the urban county government to execute certificates of consideration and any other necessary documents and to accept deeds of easement and permanent right-of-way from owners of record for property interests needed for the Haven Court Stormwater Improvements Project at no cost to the urban county government. Excuse me. Number 40, a resolution authorizing the mayor on behalf of the urban county government to execute change order number two final to the contract with Lexington Quarry Company for the Southland Drive Bike Lane Project, decreasing the contract price by the sum of $6,229.71 from $674,194.73 to $667,965.02. sense. Number 41, a resolution authorizing and directing the mayor on behalf of the Irving County government to execute a memorandum of understanding with seed leaf for reduction of food waste material at the landfill at a cost not to exceed $20,000. Number 42, a resolution authorizing the mayor on behalf of the Irving County government to execute change order number one final to the agreement with Howell Contractors Incorporated for the Wolf Run Pump Station Relocation Contract B decreasing the contract price by the sum of $208 from $4,228,435 to $4,228,220. and extending the contract term from December 10, 2013 through January 27, 2015. Number 47, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an amendment to the agreement with Tetra Tech Incorporated for annual program management services for consent decree implementation and MS4 permit compliance, extending the initial term of the agreement until March 31, 2016 at no cost to the Urban County Government. Number 44, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an agreement with Windstream Communications for the purpose of establishing a circuit connection between Central Kentucky 911 Network and Duo County Telephone Company at a cost not to exceed $3,480 for fiscal year 2016 and $5,220 each subsequent fiscal year. Number 45, a resolution authorizing and directing the mayor on behalf of the urban county government to execute an agreement with Windstream Communications for the purpose of establishing a telephone fiber circuit for the 911 center located in the Public Safety Operations Center at a cost not to exceed $10,520.75 for fiscal year 2016 and $25,500 for each subsequent fiscal year. Number 46, a resolution authorizing and directing the mayor on behalf of the urban county government to execute an agreement and any related documents awarded pursuant to RFP number 26-2015 with K. Norman Berry Associates Architects PLLC for the Architectural and Engineering Services for the historic Fayette County Courthouse Rehabilitation Project at a cost not to exceed $2,480,000. Number 47, a resolution authorizing and directing the mayor on behalf of the Irving County Government to execute an agreement awarded pursuant to RFP number 31-2015 with Reed, White Camp Shell and Vice, P. LLC and Frost Brown Todd LLC for legal services for the historic Fayette County Courthouse Rehabilitation Project at a cost estimated not to exceed $60,000. Number 48, a resolution authorizing and directing the mayor on behalf of the Irving County Government to execute and submit a grant application to the Kentucky Commercial Mobile Radio Service Board and to provide any additional information requested in connection with this grant application, which grant funds are in the amount of $70,000 Commonwealth of Kentucky funds and are for the acquisition of hardware, software, technical support, and services necessary for the provision of text to 911 capability by the Central Kentucky 911 network. Number 49, a resolution authorizing the mayor on behalf of the Urban County Government to execute agreements with the Salvation Army $1,700 and Dogwood Trace Neighborhood Association $1,000 for the office of the Irving County Council at a cost not to exceed the sum stated. Number 50, a resolution authorizing the mayor on behalf of the Irving County Government to execute change order number one to the contract with Johnson Controls for the Fayette County Clerk HVAC Controls Renovation Project, increasing the contract price by the sum of $14,921 from $115,301 to $130,222. Number 51, a resolution authorizing the mayor on behalf of the Irving County Government to execute change order number seven to the contract with Churchill McGee LLC for the Public Safety Operations Center Phase 1B renovation project, increasing the contract price by the sum of $29,274.86, from $6,384,553.54 to $6,413,828.40, and adding three additional calendar days to the construction schedule and number 52, a resolution naming the unnamed street that leads to the Council of State Government's National Headquarters, Avenue of States. All right. Thank you, Madam Clerk. Are there any moat? No one has a walk-on, do they? All right. Then how about suspensions? Council Member Akers. Thank you, Mayor. I move to suspend the rules and give second reading to number 29. All right. This is the bathrooms in Masterson Station Park. So moved. Second. Motion by Council Member Akers. Second by Council Member Henson on number 29. Is there any discussion on 29? All right. If not, then we can vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. I have two more, Mayor. All right. The first is item number 50, 5-0. And this actually comes, I think, from the administration asking me to do a second reading for this. All right. So moved. Motion by Council Member Acres, second by Council Member Henson. Is there any discussion on number 50? The motion. All right. If not, we can vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Councilor Akers. And number 51. Number 51. All right. Is there a second? Second. Second by Vice Mayor Kay. Thank you. Is there any discussion on 51? Motion on 51. All right. If not, then we can vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Council Member Henson. Thank you, Mayor. I move to spin the rules and give second reading to number 34, and this just allows us more time to submit the application. So moved. Motion by Council Member Henson, second by Vice Mayor Kaye. Is there any discussion? All right. If not, we can vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Thank you, Mayor. Thank you. Council Member Henson. Council Member Farmer. Thank you, Mayor. Mine's a motion to give a second reading to number 35. This is an outreach that my church is doing. I want them to be able to go ahead and do their volunteer work. So moved. Motion by Council Member Farmer, seconded by Council Member Scotchfield. Is there any discussion? If not, we can vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Thank you. Yes, sir. Council Member Maloney. Thank you, Mayor. I have three of them. the first one number 31 for from administration with questions for the Luxon Community Land Trust so move motion by councilman Maloney on 31 second by councilmember Henson is there any discussion if not we can vote all in favor please say aye opposed no motion carries councilman Maloney and also on 33 it also for a second reading on them I make a motion made for second reading on 33 for the same reason for land trust uh funding motion by councilman baloney on 33 second by council member henson any discussion all right if not we can vote all in favor please say aye aye opposed no motion carries and last number 49 second reading for ndf monies so moved motion by councilman baloney second by councilman acres any discussion all right if not we can vote All in favor, please say aye. Aye. Opposed, no. Motion carries. Councilmember James Brown. Thank you, Mayor. I would like to make a motion to suspend the rules and give second reading to number 24. It's to resurface the basketball courts in Douglas Park. Motion by Councilmember James Brown, second by Councilmember Akers. Any discussion? All right. If not, we can vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. And mayor I'd also like to make a motion to suspend the rules and give a second reading to number 26 So HR can make offers on these positions Motion by council member Brown on number 26 second by council member Henson any discussion? If not we can vote all in favor, please say I Opposed no Motion carries. Thank you mayor. Thank you council member Brown council member Scotchfield thank you mayor um i have been asked to request second reading for two of the resolutions first is number 44 by the administration so that they can get started on laying the circuit connection all right motion on number 44 second by councilmember henson that was a motion by council from scutchefield second by councilman henson any discussion all right if not we can vote All in favor, please say aye. Opposed, no. Motion carries. Mayor also had number 45 request by the administration regarding the same issue so that they can get the fiber circuit laid. Motion by Council Member Scotchfield on 45 and second by Council Member Akers. Is there any discussion? All right. If not, we can vote. All in favor, please say aye. Opposed, no. Motion carries. council member hensley thank you mayor i'd like to move to suspend the rules and give second reading to number 52 the resolution naming the unnamed streets leads the council state government's national headquarters motion by council member hensley on number 52 second by council member henson is there any discussion all right if not we can vote all in favor please say aye opposed no motion carries looks like that's all then we've asked for suspensions for second reads madam clerk whenever you're ready please give us a second reading resolution number 24 a resolution accepting the bid of tennis courts unlimited incorporated in the amount of 26 785 for douglas park basketball court coding for the division of parks and and Recreation and authorizing the mayor on behalf of the urban county government to execute any necessary agreement related to the bid. Number 26, a resolution authorizing the Division of Human Resources to make a conditional offer to the following probationary civil service appointments. Della Horton, administrative specialist senior, grade 516 and 21.184 hourly in the office of Office of the Commissioner of Planning, Preservation and Development, effective November 19th, 2015. Jesse Hurd, operations manager, grade 520E, 2013.81 biweekly in the Division of Waste Management, effective November 16, 2015. Ronald McCarty, Deputy Director of Waste Management, Grade 529E-3195.63 biweekly in the Division of Waste Management. Clay Webb, Resource Recovery Operator, Grade 513N, 17.411 hourly in the Division of Waste Management. Jeremy Reese, Resource Recovery Operator, Grade 513N, 16.455 hourly in the Division of Waste Management, all effective upon passive counsel. Kenneth Armstrong, Director of Code Enforcement, Grade 526E, 3153.85 biweekly in the Division of Code Enforcement, effective November 30, 2015, and Larry Johnson. Program Specialist, Grade 513E, 1,826.92 biweekly in the Office of the Commissioner of Social Services, effective November 16, 2015, authorizing the Division of Human Resources to make a conditional offer to the following unclassified civil service appointment. Cornetta Harris, Victims Advocate, Grade 514N, 18.598 hourly in the Division of Police, effective November 16, 2015. Number 29, a resolution authorizing the mayor on behalf of the Irving County Government to execute change order number two to the contract with Schaefer Contracting, LLC, for the Masterson Station Park restroom building project, adding 14 additional work days and increasing the contract price by the sum of $7,609 from $175,674 to $183,283. Number 31, a resolution authorizing and directing the mayor on behalf of the Irving County Government to execute an agreement with the Kentucky Transportation Cabinet to accept funds in the amount of $66,250 federal funds, $6,250 Commonwealth of Kentucky funds, and are for the support of Lexington Community Land Trust as the host city for the 2015 National Community Land Trust Network Conference. Number 33 A resolution authorizing and directing the mayor on behalf of the urban county government to execute the third amendment to the agreement with Lexington Community Land Trust Incorporated in the amount of $66,250 for the support of the 2015 National Community Land Trust Network Conference Number 34 A resolution authorizing and directing the mayor on behalf of the urban county government to execute and submit the 2015 Continuum of Care application to the U.S. Department of Housing and Urban Development to provide any additional information requested in connection with this grant application, requesting funds in the amount of $1,798,081 federal funds, which are for the operation of programs by community nonprofit organizations to reduce homelessness and to accept the grant if the application is approved in the amount of $45,714 federal funds, which are for the project planning expenses related to monitoring all programs as the collaborative applicant, 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 35, a resolution authorizing the mayor on behalf of the urban county government to accept a donation of volunteer labor paint and furniture valued at approximately $1,035 from a manual Baptist church for the use in the reading room at the Black and Williams Neighborhood Center. Number 44, a resolution authorizing directing the mayor on behalf of the urban county government to execute an agreement with Windstream Communications for the purpose of establishing a circuit connection between Central Kentucky 911 Network and Duo County Telephone Company at a cost not to exceed $3,480 for fiscal year 2016 and $5,220 each subsequent fiscal year. Number 45, a resolution authorizing and directing the mayor on behalf of the urban county government to execute an agreement with Windstream Communications for the purpose of establishing a telephone fiber circuit for the 911 center located in the Public Safety Operations Center at a cost not to exceed $10,520.75 for fiscal year 2016 and $25,500 for each subsequent fiscal year. Number 49, a resolution authorizing the mayor on behalf of the urban county government to execute agreements with the Salvation Army $1,700 and Dogwood Trace Neighborhood Association $1,000 for the office of the urban county council and it costs not to exceed the sum stated. Number 50, a resolution authorizing the mayor on behalf of the urban county government to execute change order number one to the contract with johnson controls for the fayette county clerk hvac controls renovation project increasing the contract price by the sum of fourteen thousand nine hundred and twenty one dollars from 115,301 to 130,222 dollars number 51 a resolution authorizing the mayor on behalf of the irving county government to execute change order number seven to the contract with church hill mcgee llc for the public safety operations center phase 1b renovation project, increasing the contract price by the sum of $29,274.86, from $6,384,553.54 to $6,413,828.40, and adding three additional calendar days to the construction schedule. And number 52, a resolution naming the unnamed street that leads to the Council of State Government's National Headquarters, Avenue of the States. Thank you, Madam Clerk. Motion to approve by Councilmember Henson, seconded by Vice Mayor Kay. Is there any discussion? Nope. All right. Then, Madam Clerk, whenever you're ready, please call the roll. Mr. Maloney? Yes, ma'am. Ms. Mossadi? Yes. Ms. Gutchfield? Yes. Mr. Stinnett? Yes, ma'am. Ms. Akers? Yes, ma'am. Ms. Bledsoe? Mr. Fred Brown? Yes. Mr. James Brown? Yes. Ms. Evans? Yes. Mr. Farmer? Yes, ma'am. Mr. Gibbs? Yes. Mr. Hensley? Yay. Ms. Henson? Yes. Mr. Kay? Yes. And Ms. Lamb? Yes. Thank you. Thank you, Madam Clerk. The vote reflects passage of the motion. It allows us to move on to communications from the mayor, which are for information only. and then announcements. First, we have a police disciplinary item before I open the floor to the council. I'll introduce Commander Holland to give the police disciplinary action. Thank you, Mayor. This is a disciplinary recommendation for council approval. On Thursday, September the 10th of this year, an allegation was made that Detective Zachary T. King, employee number 43990, violated General Order 1973-02-I, Section 1.02, misconduct. At the conclusion of the investigation, the employee met with Chief Barnard and has accepted a 40-hour suspension without pay. This recommended discipline has been approved by Public Safety Commissioner Bastin. Move approval. Motion by Council Member Farmer, seconded by Council Member Fred Brown. Is there any discussion on the motion? All right. If not, then we can vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Thank you, Roger. All right. Floor is available to council members for any announcements. Vice Mayor Kaye. Thank you, Mayor. I just want to invite everybody to an event this Saturday morning from 10 to 12. It is called Carbs and Caffeine for a Cause, and you will be treated to homemade biscuits by my wife, Rona Roberts, sorghum from Kentucky, all different kinds for you to taste and sample, and about a half dozen different kinds of coffee from Magic Beans Roasters. It's a benefit for Bluegrass Double Dollars, which provides matching funds for the program that matches SNAP dollars for those buying food at some of the more healthy options in town. and that will be at my house, 250 KMC Place. Thank you, Mayor. Thank you. Thank you, Vice Mayor. All right. Looks like that's all. We've signed on for announcements. If there's nothing further to come before the council, I'll ask for a motion. Whoa, whoa, whoa, whoa, whoa. Council Member. Is she pulling that? Nope. Nope. All right. Motion to adjourn by Council Member Farmer. Second by Council Member Stennett. We are adjourned. guitar solo She said, be honest, tell me what you want. And he said, honey, you want to know. Street, little, beautiful. One just like you. Oh, beautiful, wonderful, perfect all-American. Now he's wrapped around her fingers. She's the center of his whole world. And it's hard to look to that sweet little beautiful, wonderful, perfect all-American girl. All-American girl.