I'll tell you once more, before I get off the floor, don't bring me down. Don't bring me down! Don't bring me down! Don't bring me down! Don't bring me down! You're looking good just like a snake in the grass One of these days you're gonna break your glass Don't bring me down No, no, no, no, no, no, no, no, no, no I'll tell you what's wrong before I get off the floor Don't bring me down You got me shaking, got me running away You got me crawling up to you every day Don't look me down No, no, no, no, no Ooh, ooh, ooh I'll tell you once more before I get off the floor Don't bring me down, down, down, down, down, down I'll tell you once more before I get off the floor Don't lean me down I bet you never heard old Marshall Dillon say Miss Kitty, have you ever thought of running away? Settling down, would you marry me? If I ask you twice and beg your pretty please She'd have said yes in a New York minute He never tied a knot, his heart wasn't in it He just stole a kiss as he rode away He never hung his hat up at Kitty's place I should have been a cowboy I should have learned to roll around Wearing my six-shoe, riding my pony on a cattle drive Stealing a young girl's heart Just like Gene and Roy Singing those campfire songs Oh, I should have been a cowboy I might have had a sidekick With a funny name Running wild through the hills Chasing Jesse James Ending up on a prank of danger Riding shotgun for the Texas Rangers No question, man Haven't you been told? California's full of whiskey Women and gold Sleeping out all night Beneath the desert stars With a dream in my eye And a prayer in my heart I should have been a cowboy I should have learned to rope and ride Wearing my six-shooter, riding my pony on a cat and drive Stealing a young girl's heart Just like Gene and Roy Singing those campfire songs Oh, I should have been a cowboy I should have been a cowboy I should have learned to rope and ride I'd be wearing my six shoes Riding my pony on a cattle drive Stealing a young girl's heart Just like Gene and Roy Singing those campfire songs Oh, I should have been a cowboy Yeah, I should have been a cowboy I should have been a cowboy Thank you. Goodbye My life Don't fly What you let it fly Goodbye My life Don't Thank you. all right mary gordon you're on the air thank you very much sorry for the delay um i believe we were in the middle of roll call vote um i'll ask the clerk to go ahead and take that up again i'm gonna start over yes no mind you might have to read your covet statement again because i got cut off right in the middle of it oh well let's do that then welcome to the October 8, 2020 Urban County Council meeting and I'll open with this statement. Due to the COVID-19 pandemic and state of emergency, this meeting is being held via live video teleconference pursuant to 2020 Senate Bill 150 and in accordance with KRS 61.826 because it is not feasible to offer a primary physical location for the meeting. Welcome everyone and I'll ask our clerk to go ahead and call the roll. Mr. James Brown? Here. Mr. Flinger? Yes ma'am. Mr. Farmer? Yes ma'am. Ms. Higgins-Hord? Yes, ma'am. Vice Mayor Kay? Here. Ms. Lamb? Here. Mr. McCurn? Yes, ma'am. Mr. Maloney? Yes, ma'am. Ms. Massadi? Here. Ms. Plowman? Here. Ms. Reynolds? Here. Mr. Swanson? Here. Mr. Worley? Yes, ma'am. Ms. Bledsoe? Yes, ma'am. And Mr. Fred Brown? Here. Thank you. Thank you very much. We have a quorum and I want to thank Council Member Preston Worley. He's going to give our invocation tonight. Thank you, Mayor, and for the invitation. Colleagues, I apologize. I was going to ask Reverend Dr. Virgil Grant of Eastside Church in Richmond to give the invocation. I'm here in my original hometown. But he, many of you may know him from Commerce Lex and the Leadership Lexington, but he had to step out. His son, Jacob, is running for the City Commission in Richmond, and he's speaking for that event. So we lost Dr. Grant, and so you get me. That's very good. But if you'll, if you will pray with me, please. Dear Lord, first, we want to thank you for our many, many blessings and the abundant blessings that you have bestowed upon our community. And we ask that you continue to give us those blessings. Dear Lord, thank you for our people. Thank you for those who serve others, for those who serve their causes and for those who protect us. Dear Lord, thank you on behalf of my colleagues for the opportunity and the ability to be involved in your useful work. And thank you for the honor of the responsibility to do so. Please give us the wisdom to do it well. In Jesus name, amen. Amen. Thank you very much, Council Member Worley. Now, if I could please have a motion to approve the September 24th Council meeting minutes. I moved. Second. Council Member Farmer moved. Vice Mayor Case seconded. Are there any questions? All right. All those in favor, please raise your hand. Okay. That is a unanimous yes vote. Thank you very much. and now uh yeah i'll ask our clerk to give us a reading to ordinances yes ma'am ordinance number one an ordinance amending certain of the budgets of lexiania fair urban county government to reflect current requirements for municipal expenditures and appropriating and reproving funds fiscal year 2021 schedule number 13 item two an ordinance amending certain of the budgets of lexiania urban county government to bet to amend budget related to purchase orders expensed to fiscal year 2020 and appropriating reproving funds schedule number 14 and item three an ordinance amending certain of the budgets of the Lexington-Fayette urban county government to reflect current requirements for funds in the amount of $6,582.65 to provide funds for council projects in the Division of Traffic Engineering for costs associated with a multi-way stop at Lane Allen Road and Georgian Way, appropriating and regrouping funds schedule number 15. Thank you. Thank you. Is there a motion to approve? So moved. Second. All right. Councilmember Farmer moved and Councilmember McCurn seconded. And when you're ready, if you'll please take a roll call vote. Mr. James Brown? Yes. Mr. Ellinger? Yes, ma'am. Mr. Farmer? Yes, ma'am. Ms. Higgins-Hord? Yes, ma'am. Vice Mayor Kay? Yes. Ms. Lamb? Yes, ma'am. Mr. McCurn? Yes, ma'am. Mr. Maloney? Yes. Ms. Massadi? Yes. Ms. Plowman? Yes. Ms. Reynolds? Yes. Mr. Swanson? Yes. Mr. Worley? Yes, ma'am. Ms. Bledsoe? Yes, ma'am. And Mr. Fred Brown? Yes. Thank you. Those all were unanimously approved. and next up is first reading of ordinances please ordinance number four an ordinance amending certain of the budgets of the Lexington Fair Urban County government to reflect current requirements for municipal expenditures and appropriating reproving funds fiscal year 2021 schedule number 16 item five an ordinance amending certain of the budgets of Lexington Fair Urban County government to reflect current requirements for funds in amount of $15,000 to provide funds for council projects in the division of parks and recreation for a water fountain at Cardinal Run Park and appropriating reproving funds schedule number 17 and item six an ordinance repealing article 11 of chapter two of the code of ordinances removing the keep lexington beautiful commission from the collection of littering civil penalties and providing for the distribution of the funds raised by keep lexington beautiful commission the non-profit organization created by the members of the commission thank you thank you very much are there any walk-ons all right and are there any suspensions Okay, very good. Next up is second reading of resolutions. item one a resolution accepting the bid of lm asphalt partners ltd dba ats construction in the amount of 10 million 683 653 dollars and 39 cents for the clays mill road improvement section one for the division of engineering and offers and may on behalf of urban kind of urban days you can agree with the ats construction related to the bid item two a resolution accepting the bid of buckman auto group incorporated dba buckman auto sales establishing a price contract for Chevrolet Equinox for the Division of Facilities and Fleet Management, item 3. A resolution accepted in the bid of Paul Miller Ford Incorporated, establishing a price contract for automotive repair for Ford vehicles in the Division of Facilities and Fleet Management, item 4. A resolution accepted in the bid of Bogman Auto Group Incorporated, establishing a price contract for Chevrolet Trucks for the Division of Facilities and Fleet Management, item 5. A resolution accepted in the bid of Bradley Hook It Up Mobile, LLC, establishing a price contract for vehicle washing in downtown Corral for the Division of Waste Management, item 6. A resolution notifying the probationary classified civil service appointments of Danny Hyatt, plant operator senior, grade 525E, 3009.68, by weekly, in the division of water quality, effective October 12, 2020. Doug Holloway, project manager, grade 517E, 1782.88, by weekly, in the division of water quality, effective October 12, 2020. David Fulton, project manager, grade 517E, 2426.80, by weekly, in the division of water quality, effective October 12, 2020. Jennifer Hubbard-Sanchez, Parks and Recreation Superintendent, Grade 525E, 2830.96, bi-weekly in the Division of Parks and Recreation, effective September 28, 2020, and ratifying the permanent sworn appointments of Skip Burke, Information Officer, Grade 518E, 1,943.92, bi-weekly in the Division of Government Communications, effective September 2, 2020. Stephanie Ballard, Administrative Specialist Senior, Grade 516N, 21.323, hourly in the Division of Revenue, effective September 16, 2020. Daniel Lane, Staff Assistant, Grade 508N, 14.188, hourly in the Division of Revenue, effective September 9, 2020. Sarah Byrd, Administrative Specialist, Grade 513N, 18.420, hourly in the Division of Engineering, effective September 30, 2020. Danetta Owsley, Custodial Worker, Grade 505N, 12.058, hourly in the Division of Facilities and Fleet Management, effective September 16, 2020. and ratifying the classified civil service promotion of Jordan Ivy, Vehicle and Equipment Technician, Grade 514 N, 18.714, hourly in the Division of Facilities and Fleet Management, effective August 31, 2020, Item 7. A resolution specifying the intention of the Urban County Council to expand and extend the full Urban Services District No. 1 to provide street lighting, street cleaning, and garbage and refuse collection, finding a need for the service in this area, included in finding the ability of the Urban County Government to provide the service in this area, which area is the areas defined as certain properties on the following streets agnes trail battery street belafonte drive captain's court enterprise court fountain view cove haymaker parkway lucille drive may bark park moonrise way morning boy lane nantucket drive rockway place stolen horse trace tidewater flat twilight shadow drive westcott circle and wolf run drive item eight resolution specifying the intention of the urban county council to expand and extend partial urban service district number three to garbage and refuse collection finding a need for the service in the area included and finding the ability of the urban county government to provide the service in this area which areas defined as certain properties on the following streets harperwood lane patch and patch and lake lane spring bay court and spring leaf court item nine a resolution specifying the intention of the urban county council to expand and extend partial urban service urban services district number five to provide street lighting and garbage refuse collection finding a need for this service in the area included and finding the ability of the urban county government to provide this service in the area which areas defined as certain properties on the following streets Aberdeen Drive, Argyle Drive, Brigadine Parkway, Claridge Court, Darien Drive, Dundee Drive, Edinburgh Court, Edinburgh Drive, Inverness Drive, Ipswich Court, Lomond Drive, Tartan Drive, Wallace Court, and Westridge Circle. Item number 10. A resolution authorizing directly on behalf of your mechanic government to execute a purchase of service agreement with a Bluegrass Area Development District for the operation of the home care program for homebound seniors at a cost not to exceed $48,610. Item 11. A resolution authorizing the division of grants and special programs to purchase one additional neighborly software user license from Benevate Incorporated for use in grants and special programs administration and authorizing the mayor to execute any necessary agenda or agreement with Benevate Incorporated related to the license at a cost not exceed $1,090. Item 12. A resolution authorizing the mayor on behalf of your men and government to execute and submit an application to the Kentucky Department of Education for provision of preschool education services at the Family Care Center for the 2020 to 2021 school year. Item 12. A resolution authorizing the mayor on behalf of your mechanic government to execute certificates of consideration and other necessary agreements to accept deeds for properties of interest needed for the south the southeastern hills trunk sewer project or remedial measures project required by the consent decree at a cost month received $25,600 item 14 a resolution authorizes the mayor on behalf of your mechanic government to execute certificates of consideration and other necessary documents and to accept deeds for the property interest needed for the new circle road trunk sewer and a and b project remedial measures project required by this consent decree at a cost month received $51,000 Item 15, a resolution authorizing the Division of Fire and Emergency Services to purchase cardiac monitors from Zill, a sole source provider, and authorizing the mayor on behalf of the Urban County Government to execute any necessary agreements with Zill related to the procurement and across the office of $180,294.40. item 16 a resolution authorizing the mayor on behalf of the urban county government to execute change order number one final to the agreement with the allen company incorporated for elizabeth street and forest park site improvement project decreasing the contract price by the sum of 17 166.49 from 179 185.10 to 162 018.61 item 17 a resolution authorizing the mayor on behalf of the urban county government to execute the construction agreement with rj corman railroad company central kentucky lines llc for the town branch trail phase phase six project at a cost not to exceed $1,500. Item 18, a resolution authorizing the Director of the Mayor on behalf of the Urban County Government, is to get a memorandum of understanding with Baptist Health Care System, Incorporated, DBA, Baptist Health Lexington, to allow the entity to participate in the drug discount program established pursuant to Section 340B of the Public Health Services Act to provide health care services to low-income individuals at no cost to the Urban County Government. Item 19, a resolution authorizing the Mayor on behalf of the Urban County Government to accept donation of $6,000 from the Friends of McConnell Springs for funding a part-time AmeriCorps service member for the McConnell Springs. item 20 a resolution renewing the franchise agreement with kentucky american water for additional term of five years pursuant to the provision of ordinance number 144 144-15 and authorizing and directing mayor on behalf of the urban county government to execute any necessary agreements related to the renewal item 21 a resolution authorizing your behalf of the urban county government to execute a residential lease agreement with robert crick with masters in station park caretaker property located at 3561 shamrock lane in consideration of annual rent in amount of $4,725. Item 22. A resolution authorizing directly on behalf of the Urban County Government to execute an agreement with Mountain Comprehensive Care Center Incorporated to provide case management services for residents staying at the Catholic Action Center Emergency Shelter at a cost not to exceed $190,670. Item 23. A resolution authorizing directly on behalf of the Urban County Government to accept deeds and to execute any documents necessary for the acquisition of property interests needed for the Citation Boulevard Phase 3A project at a cost not to exceed $1,446,000, item 24. A resolution authorizes the Division of Emergency Management to use staff provided by Management Registry Incorporated to perform emergency response activities at a cost not to exceed $15,021.74, item 25. A resolution authorizes the Division of Emergency Management to execute an amendment to the grant agreement with the Kentucky 911 Services Board, extending the period of performance through January 31, 2022, item 26. A resolution authorizes on the mayor on behalf of the Irving County Government to accept a grant from the United States Department of Homeland Security, which grant funds on the amount of $23,810.55 in federal funds under the 2019 Fire Prevention and Safety Grant Program for purchase and installation of smoke alarms for households in high-risk neighborhoods, the acceptance of which obligates to Irving County Government for the expenditure of $1,190.53 as a local match and authorizing the mayor to transfer to unaccommodate funds within the grant budget, item 27. A resolution authorizes the mayor on behalf of the Irving County Government to execute change order number one to the agreement with the Allen Company Incorporated, the Beaumont YMCA Trail Project, increasing the contract price by the sum of $60,867.29 from $333,522.55 to $394,389.84, item 28. Resolution authorizes the mayor on behalf of the Urban County Government to execute Neighborhood Action Match Grant Program contracts with Ashland Neighborhood Association, 2,295. Charleston Gardens Homeowners Association, 2,909. Cumberland Hills, 975. East Cooper Neighborhood Association, 3,072. Fayette Park Homeowners Association, 6,317. Garden Meadows Homeowners Association, 6,800. Glen Eagles Homeowners Association, 4,577. 7th, Griffin Gate Community Association, 6,800, Kenwood Neighborhood Association, 6,800, Pensacola Park Neighborhood Association, 2040, the Oak Condominium of Lexington, Kentucky, 6,800, Walnut Ridge Homeowners Association, 3,220, and Wellington Maintenance Association, 6,800, for the purpose of carrying out various neighborhood activities and improvements for fiscal year 2021 at a cost not to exceed $59,405. Item 29, resolution authorizing and directing the mayor on behalf of the Irving-O-N-A government to execute and submit a grant application to the Kentucky Department of Education, Division of School, and Community Nutrition to provide any additional information or closing a connection with this grant application and to accept this grant if the application is approved, which grant funds are in the amount of $79,000 in federal funds, and offer the participation in the United States Department of Agriculture's Child Care Food Program and Operation of the Nutrition Program at the Family Care Center in fiscal year 2021, the acceptance of which does not obligate the Irving-O-N-A government for the expenditure funds and authorizing the mayor to transport under-cumber funds within the grant budget. and item 30 the resolution authorizing the mayor on behalf of the urban government to execute a purchase service agreement uh and a vehicle lease agreement with lexington animal care and control llc for animal control services and a cost not to exceed 1 million 409 thousand 273 dollars thank you very much is there a motion to approve i moved all right do i hear a second second all All right, Council Member Plumman moves approval. Council Member Higgins-Hord seconds. And when you're ready, Madam Clerk, if you'll please call the roll, take a roll call vote. Mr. James Brown? Yes. Mr. Ellinger? Yes, ma'am. Mr. Farmer? Yes, ma'am. Ms. Higgins-Hord? Yes, ma'am. Vice Mayor Kaye? Yes. Ms. Lamb? Yes, ma'am. Mr. McCurn? Yes, ma'am. Mr. Maloney? Yes. Ms. Massadi? Yes. Ms. Plumman? Yes. Ms. Reynolds? Yes. Mr. Swanson? Yes. Mr. Worley? Yes, ma'am. Ms. Bledsoe? Ma'am. And Mr. Fred Brown. Yes. Thank you. Those all passed unanimously. And now we're ready for first reading of resolutions. Item 31. A resolution accepting the bid of worldwide equipment incorporated establishing a price contract for rear load or rebid for the Division of Facilities and Fleet Management. Item 32. A resolution accepting the bid of S&S tire establishing a price contract for tire retreading for the Division of Facilities and Fleet Management. Item 33. A resolution accepting the bid of Key Oil Company establishing price contract for hydraulic oil for the Division of Facilities and Fleet Management, item 34. A resolution accepting the bid of Stello Products Incorporated, Osborne Associates Incorporated, and Lightly and Enterprises of Ohio, LLC establishing price contracts for traffic signs for the Division of Traffic Engineering, item 35. A resolution accepting the bid of 911 Fleet and Fire Equipment Holdings, LLC, and Finley Fire Equipment Company establishing price contracts for self-containing breathing apparatus equipment for the Division of Fire and Emergency Services, item 36. A resolution accepting the bids of Finley Fire Equipment Company and America's Bravest Equipment Company establishing price contracts for fire helmets for the Division of Fire and Emergency Services, Item 37. A resolution accepting the bids of General Parts Distribution, LLC, DBA, Advanced Air Auto Parts, Bachman Auto Group Incorporated, Fleet Part Incorporated, Worldwide Equipment Incorporated, Napa Auto Parts Incorporated, Kentucky Auto and Truck Supply, LLC, and Lexington Truck Sales Incorporated establishing price contracts for filters for the Division of Facilities and Fleet Management, Item 38. A resolution accepting the bids of Duke's A&W Enterprises, LLC, General Parts Distribution, LLC, DBA Advanced Auto Parts, Fleet Pride Incorporated, Bachman Auto Group Incorporated, Kentucky Auto and Truck Supply, LLC, Worldwide Equipment Incorporated, and Smith Automotive, establishing price contracts for light-duty automotive repair for the Division of Facilities and Fleet Management, Item 39. A resolution accepting the bid of CORE and Maine LP, Hayes Pipe Supply Incorporated, and CI Thornburg Company establishing price contracts for sanitary sewer repair material for the Division of Water Quality, Item 40. A resolution accepting the bid of hydro controls incorporated in the amount of $36,516 for stainless steel slide gates for Town Branch Wastewater Treatment Plant for the Division of Water Quality, Item 41. A resolution accepting the bid of Family Guy Cleaning, LLC, establishing a first contract for sanitary sewer overflow cleanup for the Division of Water Quality, Item 42. A resolution ratifying the probationary classified civil service appointments of Joel Raglan, Equipment Operator, Senior, Grade 512 N, 23.614, hourly in the Division of Streets and Roads, effective October 12, 2020, Brain and Compton Treatment Plant Operator, Grade 515N, 19.723, hourly in the Division of Water Quality, effective October 26, 2020, and J.L. Stone, Administrative Specialist Senior, Grade 516N, 19.737, hourly in the Department of Law, effective October 26, 2020, and ratifying the Classified Civil Service Permanent Appointments of Mary Clark, Paralegal, Grade 517N, 23.142, hourly in the Department of Law, effective September 2, 2020, J. Small, Administrative Specialist, Grade 513N, 18.413, hourly in the Division of Parks and Operations, effective September 16th, 2020, and Robert Clay, public service worker, grade 507 N. I'll call you back. Councilmember Higgins, you might want to mute your phone. Public service worker, grade 507 N, 12.962, hourly in the Division of Parks and Recreation, effective September 23, 2020, and ratifying the unclassified civil service appointment of Donald Randolph, treatment plant operator, apprentice of Class 1, grade 510 N, 15.510, zero hourly in the division of water quality effective 14th at september 14 2020 item 43 a resolution authorizing the division of human resources to make a conditional offer to the following probation and classified civil service appointments haley sollier's producer grade 515 and 19.095 hourly in the division of government communications effective october 19 2020 Yachneel Chenot, Public Service Worker Senior, Grade 509N, 14.687 hourly in the Division of Streets and Roads, effective October 26, 2020. Jason Shelton, Public Service Worker Senior, Grade 509N, 14.226 hourly in the Division of Streets and Roads, effective October 26, 2020. Chase Dugas, Public Works Apprentice, Grade 504N, 11.624 hourly in the Division of Streets and Roads, effective November 2, 2020. Cameron Reese, Staff Assistant Senior, Grade 510N, 15.907 Hourly, in the Division of Human Resources, effective October 19, 2020. Mary Hart, IntelliCommunicator Senior, Grade 517N, 21.415 Hourly, in the Division of Enhanced 911, effective October 26, 2020. Robert Wilson, Heavy Equipment Technician, Grade 518N, 22.159 Hourly, in the Division of Facilities and Fleet Management, effective upon passage of council. Brandon Angle, Vehicle and Equipment Technician, Grade 514N, $21 Hourly, in the Division of Facilities and Fleet Management, effective upon passage of council. Amon Trombo, Public Service Worker, Grade 507N, 12.808, Hourly in Division of Personal Recreation, Effective Upon Passage Council, Eugene Thomas, Educational Program Aid, Grade 508N, 14.138, Hourly in the Division of Youth Services, Effective October 19, 2020, and Christopher Cooper, Grants Administrative Aid, Grade 5, 16N, 21.809, Hourly in the Division of Grants and Special Programs, Effective October 19, 2020, and Authorizing the Division of human resources to make a conditional offer to the following unclassified civil service appointments for mckinney treatment plant operator apprentice grade 509 and 14.37a hourly in the divisional water quality effective october 26 2020 and grace and barnett custodial worker part-time grade 505 and 12 dollars hourly in the division of family services effective october 19th 2020 item 44 for resolution authorizing the mayor be happy or mechanic government to execute an agreement with the Lake City Public Library and the Fayette County Clerk's Office for in-person voting locations for the 2020 general election at no cost to the Irving County Government, item 45. A resolution authorizes the mayor on behalf of the Irving County Government to execute a certificate of consideration and other necessary documents and to accept the deed for a portion of the property located at 2319 Clasemill Road for the Southland Area's Farm Water Improvement Project at a cost not to exceed $50,000, item 46. A resolution authorizes the mayor on behalf of the Irving County Government to execute change order number three to the agreement with LADCO Incorporated for the manchester street and willard street sanitary sewer improvement projects increasing the contract price by the sum of 52 436 dollars and 21 cents from 2 million 280 830 dollars to 2 million 333 thousand 266 dollars and 21 cents and extending the date of completion by 120 calendar days from july 3 2020 october 31 2020 item 47 a resolution authorizing directing their behalf your beginning government to execute a renewal catering contract with bateman community living LLC DBA Trio Community Meals for catering services for the Family Care Center at a cost market received $150,737.50, item 48. A resolution authorizing the mayor on behalf of the American Government to execute change review number two final to the agreement with Palmer Engineering Incorporated for the Southland Drive Sidewalk Project increasing the contract price by the sum of $4,300 from $217,200 to $221,500, item 49. A resolution authorizing the mayor on behalf of the American Government to execute an agreement with Quick Series for the iOS Android Be Ready Lexington Mobile, Abbott, of costs not to exceed $4,800. Item 50, a resolution authorizing the Burdine Security Group as a sole source provider for installing and performing repairs on security systems for the LFUCGO buildings, for the Division of Facilities and Fleet Management, and authorizing the mayor or designee on behalf of the American government to execute any necessary requirements for the Burdine Security Group related to the procurement of these goods and services. Item 51, a resolution authorizing the mayor on behalf of the American government to execute change order number three, final to the agreement of Bluegrass Contracting Corporation for Southland drive sidewalk project increasing the contract price by the sum of $36,185.66 from $2,071,764.84 to $2,107,950.52. Item 52, a resolution authorizing and directing their behalf of the American Government to execute an agreement with the Drug Enforcement Administration for participation in the Tactical Diversion Squad Task Force. Item 53, a resolution authorizing and directing their behalf of the American Government to execute an agreement with Drug Enforcement Administration for the participation in the program-funded state and local task force, item 54. A resolution of directing and authorizing the mayor on behalf of your beginning to execute an agreement with the Central Business Systems Incorporated on behalf of Quadient, formerly Neo Post and Hassler, and Commonwealth of Kentucky for false alarm unit mailing equipment, supplies and maintenance, and authorizing Quadient as a sole source provider at a cost not to exceed $162.74 per month, item 55. A resolution of the mayor on behalf of your beginning to execute certificates of consideration and other necessary documents to accept deeds for property interest needed for the upper cane run wet weather storage project and remedial measures project required by the consent decree to cross not to exceed $10,600. Item 56. A resolution authorizing the mayor on behalf of the urban county government to execute certificates of consideration and other necessary documents to accept deeds for the property interest needed for the Southland Area Stormwater and Movement Project and it costs not to exceed $5,000. Item 57. A resolution authorizing the mayor on behalf the urban county government to execute an agreement with the kentucky transportation cabinet in order to accept a grant from the kentucky transportation cabinet office of local programs in the lexington area metropolitan planning organization which grant funds are in the amount of 480,000 dollars in federal funds under the slx for the construction phase of the euclid avenue multimodal improvement project the acceptance of which obligates the urban county government for the expenditure of 120,000 dollars as a local match and authorizing the mayor to transfer an underground funds within the grant budget item 58 a resolution authorizing the on behalf of the Urban County Government to execute a renewal agreement with Anthem Health Plans of Kentucky Incorporated for Administrative Services rates and fees within the agreement for the period beginning January 1, 2021 through December 31, 2021. And finally, 59, a resolution authorizing the directing mayor on behalf of the Urban County Government to execute agreements with Stonewall Equestrian Neighborhood Association 500 and Kentucky Distinguished Young Women Scholarship Program 500 for the Office of the Urban County Council at a cross-fucked with see this unstated. Thank you. Thank you very much. Are there any walk-ons, council members? Council member Farmer, did you have a walk-on? Mine's for suspension when you get there, ma'am. Okay, all right. Any walk-ons? I think we are at suspension of the rules then. Council member Farmer. I'd like to make a motion to have a second rating on number 57, which has to do with the striving plan for Euclid Avenue. And I wanted to thank the commissioner, the CAO, and the mayor for working on a way to help smooth the way before we get the asphalt done. But it will help the public to know that some of the jarring on Euclid will be smoothed out before too long. But so moving on a second reading right now. And thank you, Mayor. Thank you. All right. Council Member McCurn seconds are there any questions all those in favor of suspension for number 57 please raise your hand all right that's unanimously approved thank you thank you council member mccern thank you mayor i move to have a second reading on number 46 or suspension of the rules for number second reading on number 46 on behalf of the division so move all right is there a second second vice mayor k seconds are there any questions all those in favor please raise your hand all right that is unanimously approved thank you very much council member bledsoe thank you mayor i have to make a motion on item number 45 and i just want to give a quick background i walked this on on tuesday i'm asking for a second reading tonight this is actually property on the Fayette County Public Schools Clay's Mill Elementary. We need the land behind their property for the stormwater but also our tennis courts have been on their land for years. So they're getting ready to do some refinancing some bond negotiations. It would like this to be settled as quickly as possible so I'd hope that you support moving this along tonight as well. So I move to give second reading on behalf of number 45. Second. All right council member Ellinger seconds. Are there any questions? all those in favor please raise your hand that motion passes unanimously council member james brown thank you mayor i'd like to suspend the rules and give second reading to number 43 these are conditional offers so move is there a second second vice mayor case seconds thank you are there any questions? Seeing none, all those in favor, please raise your hand. All right, that motion passed unanimously. Council Member Lamb. Thank you, Mayor. I too also walked this one on on Tuesday. It's the double, it's number 44. It's for the voting locations at no cost to the government. I would like to suspend the rules on the of the uh that one please second you're you're on mute mayor thank you okay um council member reynolds seconded that are there any questions all right all those in favor please raise your hand okay is anyone opposed all right that motion passed are there any other motions council member james brown do you have another one no um all right we have motions to suspend the rules on 43 44 45 46 and 57 and so when you're ready Madam Clerk I'll ask you to give second reading to those. Yes ma'am. Item 43. The resolution authorizing the Division of Human Resources to make a conditional offer to the following probation and classified civil service appointments. Haley Salyers, producer grade 515N, 19.095 hourly in the Division of Government Communications, second of October 19, 2020. Yafnil Cheneau, Public Service Worker Senior, Grade 509N, 14.667, Hourling, the Division of Streets and Roads, effective October 26, 2020. Jason Shelton, Public Service Worker Senior, Grade 509N, 14.226, Hourling, the Division of Streets and Roads, effective October 26, 2020. Chase Dugas, Public Service Apprentice, Grade 504N, 11.642, Hourling, the Division of Streets and Roads, effective November 2, 2020. Cameron Reed, Staff Assistant Senior, Grade 510N, 15.907, Hourling, the Division of Community Resources, effective October 19, 2020. Mary Harden, telecommunicator senior grade 517 and 21.415 hourly in division of enhanced 911 effective October 26 2020 Robert Wilson heavy equipment technician grade 518 and 22.159 hourly in division of facilities and fleet management effective upon passage of council Brandon Angle vehicle equipment technician grade 514 and 21 dollars hourly in the division of facilities and fleet management effective upon passage of council Amon Trumbo public service worker grade 507 and 12.808 hourly in division of personal creation effective upon passage of Council, Eugene Thomas Education Program A, grade 508 and 14.138 hourly in the Division of Youth Services, effective October 19, 2020, and Christopher Cooper, grants administrative aid, grade 516 and 21.809 hourly in the Division of Grants and Special Programs, effective October 19, 2020, and authorizing the Division of Human Resources to make a conditional offer to the following unclassified civil service appointments. Corey McKinney, treatment plant operator apprentice, grade 519 and 14.378 hourly in the Division of Water Quality, effective October 26, 2020, and grace of Barnett, custodial worker part-time grade 505 and $12 hourly in the division facility family services effective October 19, 2020. Item 44. A resolution authorizing the mayor on behalf of the urban county government to execute an agreement with the Lexington Public Library and the Fayette County Parks Office for in-person voting locations for the 2020 general election at Newcroft to the urban county government. Item 45. A resolution authorizing the mayor on behalf of the urban county government to execute a certificate of consideration and other necessary documents and to accept a deed for portion of the property located at 2319 Clasmo Road for the Southland Area Stormwater Improvement Project and it costs not to exceed $50,000. Item 46. The resolution authorized by the Mayor on behalf of the Irving County Government to execute change order number three to the agreement with LACO Incorporated for the Manchester Street and Willard Street Sanitary Sewer Improvement Project increasing the contract price by the sum of $52,436.21 from $2,280,830 to $2,333,266.21 and extending the date of completion by 120 calendar days from July 3, 2020 to October 31, 2020. And item 57, a resolution authorizing directly on behalf of the Urban County Government to execute an agreement with the Kentucky Transportation Cabinet in order to accept a grant from the Kentucky Transportation Cabinet Office of Local Programs in the Lexington Area Metropolitan Planning Organization, which grant funds are on the amount of $480,000 in federal funds under the SLX for the construction phase of the Euclid Avenue Multimotor Improvement Project for the acceptance of which obligates the urban county government to the expenditure of $120,000 as a local match and authorizing the mayor to transfer to undercurrent funds within the grant budget. Thank you. Thank you. I'm going to approve. Say again. I had a motion from Council Member Ellinger to approve, and I apologize who seconded. Council Member McCurron. Thank you. All right. When you're ready, Madam Clerk, if you'll call the roll, take the vote. Mr. James Brown? Yes. Mr. Ellinger? Yes, ma'am. Mr. Farmer? Yes, ma'am. Ms. Higgins-Hord? Yes, ma'am. Vice Mayor Kay? Vice Mayor Kay? Yes. Ms. Lamb? Yes, ma'am. Mr. McCurn? Yes, ma'am. Mr. Maloney? Yes. Ms. Massadi? Yes. Ms. Plowman? Yes. Ms. Reynolds? Yes. Mr. Swanson? Yes. Mr. Worley? Yes, ma'am. Thank you. Ms. Blitzo? Yes, ma'am. And Mr. Fred Brown? Yes. Thank you. Right. Thank you. Those all passed unanimously. Next is if I could have a motion, please, on communications from the mayor. So moved. Second. Councilmember Plowman moved and Councilmember Lam seconded. Are there any questions? Seeing none, all those in favor, please raise your hand. That motion passed unanimously. Thank you very much. Next are communications from the mayor for information only. And next we have police disciplines and Chief Lawrence Weathers, I believe is in the council chamber. Welcome, Chief. Good evening, Mayor. Good evening, Council. Hope everybody's doing well. Yes, thank you. I have some disciplines to present, but I understand there were some questions last time, and I haven't had really an opportunity to talk to all the council members about how I go about determining what my recommendation for discipline is. So if I could, I'd like to kind of give you a brief overview. I want to be respectful of everybody's time, if that's okay. I think that's fine, counsel. Are you good with that? All right. Thank you, Chief. First of all, when discipline comes to me, there are certain standards that I go by to determine whether or not the discipline that I recommend is appropriate. When I get the discipline, it comes from the public integrity unit, And they also give me a printout going back maybe 15 years with highlighted similar disciplinary charges on them and what kind of discipline was meted out for those infractions. And I look at that and I try to match them up with what I'm looking at. And they don't totally match, but some of them are similar over the years. So I look at how much time or how much discipline was given for that, and I gauge that with what the officer's attitude is, what type of officer that the person that comes before me is, according to their supervisors. and I also look at what occurred during that, what led up to it. Was the officer's actions unacceptable according to policy and procedure and how does that reflect upon the police department? And I do all of that with this in mind. Whatever discipline I recommend, it has to be based on standards because if I go beyond those standards, at some point in time, I'm going to be held liable for that. The discipline that we recommend, even the discipline that counsel might end up imposing can be challenged in court. and somebody has to stand up there and justify. And that has to be based not on emotion, not on what's trendy, but on what's solid, what's explainable. So when I recommend what I recommend, I've done my research and I can explain whatever the punishment is. And I do take into account the officer. If that officer is willing to accept that discipline, if that officer expresses a desire to be better, that means something. Now, when you come to my office, you're taking a bite out of that apple. and that first bite, if it's a small bite, guarantee it's going to be better. But I want it to be better so when you come and take it, if you happen to come to me for a second bite, you know that that second bite might choke on it and it might be poisonous to your career. I take this very seriously. I spent time and was in internal affairs then of public integrity. So I know what it means to the public when an officer is disciplined. But I also know that I've seen many officers get disciplined and want to become better officers. So just because something sounds bad or looks bad doesn't mean it's all bad. I don't know how else to explain it, but I can send stuff to the review board. We're talking about accountability, and that's been all over. Accountability. I'm the chief. the buck stops here with my recommendation you're the judges and this is the way you have to look at it and it's just like the justice system that we have now a prosecutor will make a plea bargain and brings it before the judge the judge doesn't have all the facts but the judge trusts the prosecutor to know and to understand what's appropriate and that's all i'm asking you to do and if you don't decide that i'm okay with that but then you have to have a hearing and then the research that i do i'm comfortable with but then you have to decide what you're comfortable with when you're deciding this. Because I'm not bringing you a whodunit. It's already been decided. They've already admitted to the infraction. What we have to decide is, can this person be a viable member of this police department? and if I say yes I'll be grateful if you trust me but if I say no are you not going to trust me if I say a person shouldn't work here are you going to say oh yes they should cheat you can't have it both ways and that's who I am and that's what I'm here. If I decide to keep an officer, I believe that officer's worth something. I believe that officer can be safe. Thank you all for listening. Thank you very much. Before you present the disciplines, I think Council Member James Brown has a question or a comment. Yes, ma'am. Thank you, Mayor, and thank you, Chief, for that. I'm actually one last the last council meeting to ask for a discipline to be postponed and brought to us and ask for you to present it. And I think part of that, part of my rationale for that is some of these more heightened discipline issues that we have to consider whether to take your recommendation. I think I feel more comfortable if I hear it coming from you and then be able to ask you some questions that maybe another presenting officer wouldn't be able to answer. But I think what you shared tonight with the fact that, you know, I never knew that, you know, you looked at previous disciplinary history before you make your decisions. I think that weighs in a lot. And then I think the fact that, you know, you're conscious of the standards that your discipline is going to be measured by, I think folks are looking at us the same way because we're a part of this process as well. So I think that we have to be accountable and look to build consistency. When it comes to police discipline, you know, I just think it's a sign of the times, so to speak. So, you know, I think that gave us some background information. And, you know, and I don't know, Mayor and Chief, I don't know if this is the appropriate time to ask about the, to ask the same question that was asked at the last meeting that law was going to go get some answer to about what happens to a disciplinary issue if we don't accept the recommendation, if we don't approve it, what is the next step in that process? because I think that matters. I just put Dave Barbary in the meeting and Glenda George is in the meeting. So we've got our law firepower if they would like to weigh in on that. Glenda or Dave, can you? If you want me to clarify the question, it's what's the next step in the process? If we have a disciplinary recommendation from the chief and either if council doesn't approve it, where does it go then? Yes. I think Glenda is unmuted. I am, Mayor. Keith is actually on the call on the Zoom as well, and he can address that question. Chief? Or did you say Keith? Keith Horn, yes. Keith Horn, hey, welcome. Hey, do you want me to start video or not? please that would be nice and did you hear the question i did and as i have started a conversation with the union because the union's attorney because i would like to know their position on this so that we could have because there is a arguably a gap in the cba this particular issue is not covered by their agreement so our position at least as a default position is that it would be referred to the Department of Law to draft charges, file them, and schedule a hearing with the council. Now, like I said, I'll be discussing it with the union again, because I'd rather not have a fight with them about what should happen next. Is that right, Council Member Brown? Yes, ma'am. That answers my question. And if I may, I have one more question for the chief. and Chief when you get some of these disciplines that come to you what is normally your rule of thumb on whether or not you address it or send it to the review committee? My rule of thumb is usually I address them all. The only ones I really pass on and send to a disciplinary review board are ones that are unique and there is no precedent set or any other guide for me to go by or if I'm just totally conflicted. There are some people that I talk to that I'm not sure they get it. I'll send them to the disciplinary review board to see what the disciplinary review board thinks. There's some, it's just, and we don't have a many, many, and I could probably count on one hand how many it's been, but there's some that I'm just, I don't know what to think. I need some help on this, so I'll send it to the disciplinary review board. Even when it comes back, but their recommendation, I don't have to accept it, but that does give me some, some guidance. Okay, so, okay, well, that answers my question. I was just wondering, you know, what methodology that you used when you made those decisions, so thank you for that clarification. Thank you, Mayor. You're welcome. Vice Mayor Kaye, did you have a question? Oh, I think Councilmember Susan Lamb is next. I'm sorry. Thank you. Chief, thank you for this information, and I do appreciate and value everything that you said. I do trust you and I do trust, I mean, we appointed you as, we approved you as our police chief and if we don't trust in our leaders, then we shouldn't have you there. So I trust in you. So my question is, and I just appreciate understanding more about process, is that when you receive this information, about a police officer, has there already been an investigation done by the police, the integrity unit at that point? Or do you just gather the information that you just explained to us about, and then you base your information based on that? I get a completed investigation from the public integrity unit. And they basically say, there's a policy violation here. Okay. I get that. I go over the information they send me. If it's more that I need, more information I need, I go back and get it from them and have them added to what I have. And I look at what they sent me and their investigation. and then I'll use all the other information to help me make my recommendation. I appreciate that. Again, this is the time I see that there are opportunities for us to learn and also not just for us to learn, but to educate our public. And so I do appreciate that answer and that information. Thank you, Mayor. Thank you. Vice Mayor Kay, your hand was not up, but did you want in the queue? I have a couple more council members. oh there's a little technical glitch um they've made me the co-host one of the co-hosts oh you cannot raise my hand i can't raise my blue hand i'd like to be able to so they can take me i should have said this before please go ahead i didn't realize that that was a okay um So I wanted to let council know that I've been working on a potential modification of the council rules that would address the series of questions, not so much about what happens if we should reject the proposal, but how we should be conducting ourselves when a disciplinary item comes before us. And I don't have that. You don't have it in front of you. I don't want to say a whole lot. Except to say that there's two things that we're looking at. One is the basic information about what the infraction is. And that we should, when that comes before us, we should have as much detail as possible. and that it's inappropriate to then ask about more detail. That is, what we get in writing should be what we hear when the officer comes before us or the chief comes before us. The question really is about then the appropriate penalties, and it tries to clarify how we should be thinking about that. So I will be bringing that forward relatively soon. I did not want to do it while we had these three cases pending, but I also don't want to surprise counsel about this. I've had some informal conversations with a few people, including law, about how this might be framed. And as I say, I'll be bringing this forward shortly. And what I hope it does is it clarifies what our role is, how we should conduct ourselves, and what it's appropriate to do to protect the due process of the officer and to ensure that the community understands what we're doing. And I will also add chief, I appreciate the statement that you made tonight and your willingness to share your thinking about in general, how you proceed. And if we have questions about the specific cases that you're willing to basically explain how this fits into that framework. So thank you. Thank you, mayor. Thank you, vice mayor. Council member Swanson. Thank you, Mayor, and thank you, Chief, for your explanation. Let me ask you a question. When you bring a case to council, say, with an agreement of conformity, have there been any other non-police involved in making a decision about this case? Have there been any civilian involvement before it comes to council? No, sir. By law, everything has to remain confidential. Okay, so this is the only civilian interaction with the police discipline matters when council votes yes or no on a disciplinary matter. Yes, sir. Okay, thank you. So I'd just like to stress that my concern with this is not the judgment of the chief or whoever happens to be chief. It's with whether or not council is fulfilling its responsibility as a judge, as an arbiter here. And I'll be interested to see what Vice Mayor Kay comes up with because the information that we are given in these is simply not adequate to perform any sort of civilian judgment. So thank you, Mayor. Thank you. Council Member Masabi. Thank you, Mayor. Thank you, Chief, for your information you gave us this evening. Can you tell me how long an infraction stays on the officer's record? the infractions on the officer's record until i guess what five years after they leave after they leave the department we still maintain that and is that information passed on to another department if they're looking for uh a job with another department if they ask for it and do they often not ask for it most of them ask for it now i've been here long enough where I've seen them not ask for it. What we get now is we, before somebody usually hires somebody, they will, they will have them sign a release so that whatever information we might have can be released to them. And I can tell you right now, we, we, well, we don't, we don't hire laterals anyway, but if we did, I wouldn't hire anybody who wouldn't sign that letter because I would want to know what they did at that other department. so just so i understand correctly so if an officer has an infraction um it's expunged after five years after they leave after they leave employment okay so it states in his record as long as he is under employment at lfucg for his duration or her duration yes it does okay thank you very much that's all mayor okay thank you council member ellinger thank you mayor and i want to i guess probably speak to law on this just trying to understand the process here that we are we sit in a unique situation because at some point we might have to be a sit as a jury and and i guess law on because one of my concerns always been on the the information that we actually receive about as council member swanson had said what all we we do are privy to the information that we receive And I guess I'd like to talk to law about what we're allowed to have and why are we limited on that if we're supposed to make the decision, if we're just supposed to listen to what's been agreed on or actually make our own decision if we think that's enough. And if not, then because we do sit as if there is a hearing, then we sit down as a jury at that point. And because of due process issues, we were in an unusual situation. I guess I'd like to hear laws take on what we're allowed to hear because of what we have to hear possibly later with a hearing. It can be hard to address that because every case is a little bit different. But primarily, you can have and know what's in the agreement of conformity, the facts that are set out there. And so the work end of that has been and continues to be helping police to know what to put into conformity, how much information to put into conformity. Because as you said, you obviously have to have some information, but there's a line at some point that when you're going to hear the case, if that's what happens, that you'll get all of the information and make an independent judgment on whether or not an offense occurred. And if so, what the appropriate discipline for that offense would be. where where is the line that's drawn on how much we're allowed to um hear prior to that to be able to make the determination we we hear the conformity the chief comes to us but we we still are limited on the information that we're receiving and and how is that determined on what information the the amount that we're allowed to hear is that because of collective bargaining on what can be and can't be said? It's primarily tied to KRS 15-520, which as you know, includes that provision about making no public statements about a police disciplinary matter until it's final. So once the conformity is approved by council, it's final and you can have and the public can have more information after that point. I know that that's not very satisfying in terms of having the conformity, but your guideline should be what's presented in the conformity. You can always ask the chief like you did in what he's explained tonight, what his reasoning about how he came to his decision on the recommendation. And can they talk about facts of the case at that point or not? They have to limit how much they talk about the facts of the case, both because of the process that's built into 15-5-20, what is commonly called the Police Officer Bill of Rights, leading up to a potential hearing, and also the CBA, and that provision of not making public statements about the matter until it's finalized. But the police officer has signed off on the conformity. So that's why you get the information that's in the conformity. Thank you, thank you, Mayor. Thank you. Council Member Maloney. Thank you, Mayor. Now, Council Member Brown and I have been on this council longer than anybody. We have said through many, not from GLAD, not many, but we have said through a few things. But the first thing I learned when I went through orientation, you had law come in and talk about zone change, and you had law talk about disciplinary hearing from the police. Both are similar. You're not supposed to talk about any zone change until you hear both sides at the same time. You're not supposed to go meet with one side and not meet with the other side. And to me, I know we're going to get some new council members coming on here. I hope that we, because when I went through orientation, we sat there for two hours talking about this, what we can do and what we can talk about and what we can't talk about. And I compare them the same as the zone change. that we are a judge. We need to be neutral on everything. The less you hear, the less you say, until you have that day when you have an office chief come to the recommendation and that officer says, I don't want to do it. I don't want that recommendation. Then that's when you start getting ready for that case. But I just think to me, and I know the vice mayor is going to be bringing in the proposal, but I know law needs to be in this discussion because they do a heck of a job when they did the orientation. So hopefully I'd rather hear it from the law department and also hear their recommendation because they do the one they did and I've been sick with it ever since I first came on the council and I will follow that rule to I am. But Chief I just want to commend you for what you did and what you said. I've always respected you as a matter of fact you and I interviewed you when you first came to this when you used to be with council members, stood on interview process And you were one of the first ones I interviewed and when you were police officer. And I'm proud of where you are right now. I know I follow you through your ranks and your judgment. And I commend you for what you do. And I want to tell you I'm 100% behind you. And I think my colleagues, I don't believe that you are the right person and we make the right decision. So thank you again, Chief. Thank you. Thank you. Council Member Lamb, have you had a chance to ask a question yet? okay i'm going to go to vice mayor k he's next and then we'll catch you councilmember lamb thank you mayor um i just want to clarify a couple things first i have been in discussion with law about the ways that i've been thinking about this that i thought would be helpful to the council and what I will be proposing that makes clear that it's inappropriate for council members or anybody else really but especially council members to be talking to anybody about these disciplinary hearings before they come before us. The second thing I want to say is that I believe that what has happened maybe in the last year, year and a half or two years, is that it's become clear that it's been difficult for council to make adequate judgment as councilman Swanson said, given what was actually contained in the agreement. The last few agreements that we've had, I believe, have moved in the direction of providing us with the details we want. If we become more comfortable with the amount of detail, I believe it will be easier for us to make a judgment about whether we think the discipline is appropriate for what the offense is. we'll have to see about that but I believe there's a heightened awareness of the need for more information in that conformity given the constraints that we have for due process but the last few that have come before us I believe have contained more detail and would allow us to make a judgment and then again to be clear what the chief has said and what others have said when that conformity comes to us the question of whether or not the offense was committed has been resolved that's been agreed to what we're looking at is the level of discipline for that particular offense and I'm hopeful that kind of what I have in draft forum I'll share around with council members and I would like to move this fairly quickly so that our rules reflect as much as possible what we would really like to see in terms of protecting both the rights of the officer involved and the public's right to know. Thank you mayor. Thank you very much. Council member Lamb. Thank you mayor for recognizing me again. I just You hear all the discussion and then you come up with another question. So, Chief, one quick question. What process or parameters are used when filling out the agreement of conformity, specifically the description of the allegation? Are there specific things that you have to follow in order to fill that information out? basically what we what we put in there is the infraction and then there might be some basic information about the incident but it doesn't go into a lot of detail because we don't know which way the council is going to go on it so we don't want to violate anybody's rights and so the officer gets that and the officer can look at it and maybe the officer looks at it with with our council and we ask them to sign it as it's written they can refuse to sign it but it's a different order okay i appreciate it again this is an opportunity for us to learn and for the public to understand too so so thank you for that answer i appreciate it thank you mayor thank you council member maloney thank you mayor uh last week we brought this because we wanted the chief to be at all these. Now, it used to be that the chief were always here, and then one of the commissioners under the last administration allowed that other police officers come and fire people come, that the chief didn't have to come. From what I've been hearing, we want the chief at every one of these. Is that what I'm understanding? Not only him, but the fire chief. And chief, I don't mean to put you, make you work overtime, But I know, but it sounds like to me, that's what we used to do. We went away with it. Do we need to make a motion? Now, I remember Council Member Brown proposed that you be here. Now, Council Member Brown, do you want him and every one of these from now on out so you feel more comfortable? Or do we continue to go the way the previous administration allowed to break up and let other people come down here? So I asked you, Council Member Brown, because you brought that up. We talked about that last time. I actually think that's going to be addressed in the vice mayor's proposal. Well, I'll go ahead and make a motion now that we have the chief here of every one of these, both chiefs of every one of these. Now, I know you're going to hate me for this, but I don't mean to do it. But I think it's going to clarify a lot of everybody's concern that you're being here like it used to be. I'm sorry, but I'll make a motion on that. I don't mind coming here for the discipline. I would say let me have a little bit of leeway in case something comes up. And if it's not me, it would be one of my assistant chiefs. I think when there's times that you've got to be somewhere, that would be understanding you bring in your assistant chief or somebody nesting command and you will inform the council that you are somehow that you can't make it, that you will have the other chief there or something like that. I think that would be more clarified, but there will be times that you or the fire chief cannot make it, but whoever did, we need to have your nets in line, and you also inform everybody that you or whoever cannot make it, so we will be prepared. We don't have that many, so that's not going to be a problem for me. Is there a second to the motion? No. All right, that motion dies for lack of a second. Hold on, Mayor. I was trying a second. I just couldn't get my thing up. Oh, I'm sorry. You just couldn't get in. Okay. Council Member Ellinger seconds. Yeah, I should pause a little bit longer for the technology. Now, we'll have discussion on the motion, which is to basically require that each chief be there to present their own disciplines. And if they can't, they'll have an assistant or someone in command. First up is Councilmember James Brown. Thank you. Thank you, Mayor. And Councilmember Maloney, I appreciate the motion, but I've talked a little bit about the Vice Mayor's proposal with him, and I think what he's going to propose is going to be something that I would rather support because I think it does give some flexibility for the chief in regards to the severity of the discipline that we may hear. So I'd rather wait and make a decision on that at that time. So thank you. Councilmember Susan Lamb. Thank you, Mayor. Councilmember Maloney, I do appreciate what you are suggesting, but I do think there is a proper place for this to be added to the rules so that it's not just a motion that was made in a council meeting and that there's an official place for it to be. And I do agree with Council Member James Brown about that, that I think that we do need to allow this process to take place in the right way. I do appreciate the effort behind your motion, but I think that we need to wait this time because if we do this correctly and put it in the right text and place, then there won't be another set of council members down the road that'll forget that this motion was ever made. So thank you, though. Thank you, Mayor. Thank you, Vice Mayor Kay. Thank you, Mayor. Along the same lines, I will commit to have something before council when we have work session on Tuesday. and this particular proposal is included in that and I think we want to have a if we can a full discussion of a way in which we can modify our rules and make it clear what we do and do not need to do and how we would like that information presented to us I don't think there's any need to move it forward tonight I appreciate the intent but I'm urging my council members to basically no on this particular proposal the understanding that you'll have a chance to talk about it again council comments on Tuesday. Thank you, Mayor. Thank you. Council Member Massani. Thank you, Mayor. Vice Mayor for clarification, you're just talking about the council's role as far as these police disciplinary hearings. Nothing beyond that, correct? This speaks to the way in which these items are brought to us. What. All is in to have does that answer your question does not talk about. It does not go into the whole disciplinary procedure in terms to anything that comes happens until they get to this point. until we get a written conformity agreement and we get someone coming to council. That's what it addresses. Okay. I ask that because I served on the Law Enforcement and Justice Task Force. I was one of the council members that we met twice a week for six weeks, and a lot of this was the same discussion we had. So I just want to make sure that I'm clear that this is just our role, not some of the issues that were discussed in that committee, nor some of the recommendations that may come out of that committee, because I think they go hand in hand. So that's what I'm asking you for clarification. Oh, yes, this is just about our role. And I've watched most of those proceedings, and I believe that it does not get into the same set of issues. And it's not duplicative. Okay. It's about our role. Okay. Very good. Thank you. Councilmember Maloney. Thank you. I made this motion for that one reason. What you're talking about is something I think is going to be more discussion, and that's why I look at the public safety chair. I think that's something you put in that committee to discuss these kind of things that you are going to be changing, because it's not going to be a regular council meeting to me. I think it should go through her committee on those things. I was just temporary putting something for him and the previous, what would go back to where it was before. And then we can put all the language you want in it. I don't care. I'm just trying to fix it right now for him to come. Now, when you're getting into it, it's more detailed. And it seems like to me that should be going to the Public Safety Commission for that kind of discussion, because I think it's going to really be a long discussion. That's just me. That's why I made this motion. It was a simple motion to make sure that she kept coming and the other chief because we're going to have a lot more disciplinary hearings coming up in the next couple months i've been told and if we get this thing in the right committee which i think the chair of the planning in public safety i think to me that was that's why i think this is more cleaner this way than the other way but again you all do what you want i'm going to support my motion but if you but remember what i said you got a bunch of disciplinary hearings that are coming up and if we delay any of this, maybe he's going to have to show up. That's all I was doing. Thank you. Thank you. Are there any other comments to the motion? If not, we'll vote on the motion. Can you restate it? As I understand it, the motion is to require the chief of police and the chief of fire to come and present their own disciplines, and if for some reason they're unavailable then a an assistant chief or commander would come thank you is that the correct motion yes okay yes all right all those in favor please show me your hand and hold it up for a little while okay let's see i'm seeing four all those opposed and i'm seeing 11 no's so that motion fails now council members is there anything else before I ask the chief to present these disciplines. Okay. Chief, thank you very much for your remarks and your explanation. And we really appreciate that. And I'll ask you to go ahead and present the three disciplines. Discipline recommendation for council approval on June 26, 2020, an internal formal complaint was made that officer Benjamin Fielder violated general order 1973-02K disciplinary procedures appendix B operational rule 1.23 use of force. At the conclusion of the investigation, the employee met with me, Chief weathers and has accepted three weeks 120 hours suspension without pay retraining on use of force conflict resolution and de-escalation is there a motion approval second all right council member farmer moves approval council member massadi seconds is there any discussion if you wish to discuss log in with your blue hand council member James Brown thank you mayor chief was that who reported the incident was it internal or did the this or the the suspect of file the complaint internal internal okay all right thank you chief are there any other questions or comments to the motion all right seeing none all those in favor of approval please raise your hand is anyone opposed all right that vote was 14 to 1 and it passed all right chief thank you next one Discipline recommendation for council approval on August 11, 2020, an internal formal complaint was made that Officer Benjamin Fielder violated General Order 1973-0K disciplinary procedures of sworn officers, Appendix B, Operational Rule 1.11, unsatisfactory performance and efficiency. At the conclusion of the investigation, the employee met with Chief Weathers and has accepted two days suspension without pay. Is there a motion? Move approval. Second. Council Member Farmer moves approval. Council Member Higgins-Hord seconds. If you have questions, please raise your blue hand. Council Member James Brown, did your hand stay up or is this a new hand? Okay. Thank you. Council Member Swanson. Thank you, Mayor. Chief, I wonder if you can tell me this is the same officer. What do you think the two-day suspension without pay will teach this officer that a three-week suspension without pay did not teach this officer two months earlier? Well, the three weeks hadn't been issued yet. When the supervisors brought the other one, I looked at them separately. So I gauged the discipline like that. So the second discipline doesn't take into account the fact that the officer had been disciplined for an incident two months earlier? We are allowed to use progressive discipline. And this one does. I'm sorry progressive discipline can you explain that term maybe some infractions are relatively minor and might not incur a suspension or days off but progressive discipline might allow me to do that thank you thank you are there other questions to the motion all right seeing none all those in favor of approving the motion please raise your hand all those opposed thank you that vote passed with a 14 to 1 vote now chief i believe you have one more Discipline recommendation for council approval on May 1st, 2020, an internal formal complaint was made that officer Ryan Wells violated general order 1973-02J disciplinary procedure, appendix B operational rule 1.11 unsatisfactory performance. At the conclusion of the investigation, the employee met with chief Weathers and has accepted six weeks suspension about pay. Do I hear a motion to approve? Move approval. Second. Councilmember Bill Farmer moved approval. Councilmember Amanda Bledsoe seconds. If you have questions, please raise your blue hand. I see no questions. Councilmembers? uh all those in favor of approving please raise your hand all right all those opposed thank you very much that is approved 14 to 1 chief weathers thank you very much really appreciate you and your information that you gave us and i think that Thank you all very much. And I just want to say, if you have any questions about anything outside of the discipline or you want to know how things work better, feel free to contact me or contact Commander Ingram in Public Integrity Unit. We'll be glad to talk to you. Thank you very much. Very good. Thank you, Chief. All right. Council members, next is announcements. If you have an announcement, please. Log in with your blue hand. Council Member Maloney. Council Member Maloney, can you unmute, please? Thank you, Mayor. I just want to ask a question, and maybe we may have to have the health department come in, But the last couple over the weekend, I had a lot of people approach me about the backlog log at the health department. And I was sitting there. People on the street would tell me about it. And I didn't know anything about it. And I knew a little bit. But then the then the governor came on a couple of times this week and was a little disappointed in it. And then I started to do my homework on the backlog. And and I know we got a couple of board members here or maybe we can wait to Tuesday. But I really think we need to talk about this because we've been in this thing for six months. And as I read it, they're not in with the state system. And to me, we all got to be on the same page with this coronavirus because, as Dr. Fossey said, everybody has to be together. And it seems like we are not, we're the only one not involved on this system yet. And I'm just wondering why they took so long. and it sounds like it's going to be in a couple more months and they keep saying there's shorter health and something like it. Is there something that the city, because this is something I don't think we need to be playing with, is there something that the city, we've got a lot of people that might be able to help out or may be able to work from home to make the smoothest thing out because the health department is part of us because when you talk, when you see the health department, some people think it goes to the state, but realistically it's the Irving County government to pick the board members and all that. But I'm just concerned about the governor's reaction. And I, and I, and the mayor, I don't know where you, what, what knowledge you have about it or what about the backlog and all that. But I really think we need this council because we had Don Blevins come and talk about the voting, whether they're going to be the voting process. And this to me is just probably more important right now with the pandemic and the numbers are coming in. And we don't want to be consistent and we want to be sure we're not leaving out any hotspots here in Lexington. And by the time they get down there, we may. I just want everybody to be on the same page. So if you want to ask them that or do we think we need to have the health department come in Tuesday and maybe some of our board members. I know there's a couple of them in here now. Maybe they can answer why. They have not got on that computer system yet. So thank you for that question, Council Member Maloney. A week ago on Friday, a week from tomorrow on Friday, Dr. Stack, Dr. Capilouto, Dr. Manny Koch, Dr. Craig Humball and Tyler Scott from my office all got together to discuss this. and so the governor has been um very interested in it of course as have we and he is um providing some extra people who are helping enter the data it was an issue of not having enough people to enter that data and keep up with it. And so as you saw this week, they had a large input of data from Fayette County. So the number of cases jumped quite a bit. I don't have the exact number in front of me, but they are working real fast now on that solution. And so we're in a better place. It's just going to take a little while longer to get all the backlog data in. So, you know, it's, we're in a much better place than where they were. Simple question is, why are we the only county that's having this problem? I didn't hear anybody else. Are there other counties having the same problem we're having or are we the only, and then why are we the only one having problems? We are doing more testing here. First of all, our health department is, as you know, one of the largest in the state, and it's not inside government. And so we've also, as a county, been testing thousands and thousands more people. And some of the other counties, which had no issue, are also not testing as many people as we are. And that was part of the issue is they couldn't keep up because of all the testing. and so um you know that's my understanding of it and we've been helped by a couple of more people to actually work on this and enter that when i when i look at louisville which is a lot bigger than us and i didn't hear their mention that bowling green which has a university got northern kentucky is very populated i just trying to see how they are doing so much better than we are and You answered some of my questions, but it just seemed to me we've been at this for six months, and it seemed like this should have been a problem in the first two months, not this late into the ballgame. And that's why I'm concerned that something is not working. But hopefully, maybe we need to ask Louisville. Maybe we need to ask those larger counties how they're doing so well. And if we need to help, because this is a big issue, but I appreciate it. But next week, if you want to have some more information, Mr. Hall can come. I would really appreciate it. And you'll remember we ramped up our testing this summer, big time. And that's why we were able to keep up at the beginning. We are a bit much bigger than Warren County Bowling Green. And we are bigger than Northern Kentucky. And I'm not sure. I don't know if there's anybody on this meeting who knows whether the health department in Louisville is inside government. But anyway, we're working on it. If the council decides they want a presentation, Kevin Hall will be happy to give one. OK, I just don't want to jump on it again. And Councilmember Reynolds serves on the Board of Health. Did you have more input? I don't have more input, but I am happy to set up having them come and do a presentation on this. That would be fine if you'll set that up and get it on the agenda. May I change that by saying so moved? Councilman. Thank you. Second. Put that in the form of a motion and Councilmember, who seconded that? Masadi or Reynolds? Masadi seconded. All right. Any more questions about that item? All right. All those in favor, please raise your hand. And that is approved unanimously. And I know that Kevin Hall is happy to come give you all an update. So that'll just take a simple phone call, I think. Thank you very much. Council Member Farmer. Thank you, Mayor. Thank you for your update pursuant to Council Member Maloney's comment. And Kevin Hall is a good one to have. And I think if we're satisfied with that, that's great. If we want to have or invite Dr. Stack, who is a Lexingtonian, somebody I've worked with and a member of the 5th District, I think we should have him. But let's take the first step first because this is critical to the public in ways that we can't all see at one time. But I think, well, let's start at home, see if we get what we want out of it. I think it'll put us in much better shape. Then again, I want to thank you for your help in trying to smooth the way on Euclid. I just, you know, since government's operating so differently and so many people aren't there and contacts aren't made the way that I think normally we would be thinking about them, I just want folks in different departments and areas to think about or to remember that we continue to always serve the public. And sometimes things, you know, sometimes something falls off the plate and doesn't get squared away. But sometimes things don't get done because of esoteric reasons. And I think we need to try to set those aside on behalf of accomplishing for the public right now. And that's just a broad comment because there's no reason to bring anybody up or say anything specific. But I think we all need to be aware of who we're serving and how well we're serving them. Then I want to turn to another subject that Councilman Maloney brought up on Tuesday. And I would just say that there are a lot of channels of communication open between ourselves and the various parties that make up the equation for the Main Street Baptist Church, our valued entity there. And to find more than one answer or to find answers that will work. And I think that there was work ongoing beforehand. And certainly, Council Member Maloney making comment, does it hurt? However, I think in a certain way, as other things we do, this is a negotiation. And I think we need to have a couple of conversations before we try to bear out what those things would be. Also to hopefully solve this, because these are all quality parties, all quality individuals, which should lead to a quality outcome. I just think we just need to have a little more purpose and focus and maybe that beautiful outside the box answer that we haven't thought of yet. So I just want to make that comment to kind of calm the waters there a little bit. These are all very fine people and they all work very well for the entities with which they're involved. We just need to spend a little bit more time here to bring a shine to the right answer so we can implement it. So Mayor, thank you very much. Thank you. Council Member James Brown. Thank you, Mayor. And I just wanted to circle back around to my postponement of that discipline so we could have the chief here. He answered a lot of the questions that I had for him in his opening statements. I think the fact that we're all taking a renewed interest or not a renewed interest, but I think we're asking the right questions when it comes to police discipline. And I think The vice mayor's proposal, when he brings it forward, is going to move us in a better place in regards to us feeling more comfortable with the decisions that we make and the information that we have, hopefully moving forward. So, you know, I don't know how it looks to the public, but I think it's, you know, this process and all the components of it are way more complicated than we can describe and that we can show through a Zoom meeting. so I think we're all trying to do our best to be accountable and transparent to the public when it comes to that so I appreciated him coming forward and his patience then I also wanted to mention that I went to Consolidated Baptist Church this past weekend they were giving out flu vaccinations and the health department was there and it's the same folks Kevin Hall Dr. Hombard just missed him But, you know, I was sure to let them know on behalf of the council that we appreciate all the work that they've been doing. You know, they've been going nonstop since this pandemic broke and are trying to cover a lot of bases. And one of the things that they told me and it wasn't, I didn't feel like they were making an excuse. They were just telling me in regards to priorities that when it comes to data entry, one of their first priorities are to communicate with the folks in the contact tracing database. That when somebody tests positive, in order to work to address the spread or to limit the spread, that's their first priority is to get that information and those contacts made. So, you know, data entry is, you know, something that comes after that initial priority. But I think I think having a presentation from them and kind of getting an update and finding out what their needs are, I think, is appropriate moving forward. But to be honest, they were in good spirits, but they, you know, they looked exhausted. It's a lot going on fighting the virus. And then now it's flu season and we've got to get folks vaccinated. The other thing is the legacy trail dedication. Thank you, Mayor, and all the council members that were there today. Councilmember Farmer, Ellinger, Reynolds, and Plowman, and the former council members. I think today's celebration was part of the beginning of some other work that we have to get started. And it was recognition of a lot of people that have been working on that trail for a long time. And I failed to mention another council member, Councilmember Steve Kay, who has been a councilman advocate for that trail and making sure that we have the resources to make it. the best trail possible going through that neighborhood. Lisa Atkins mentioned you, but I just wanted to take this opportunity to thank Vice Mayor Kay and his work on the trail and making sure that it didn't get missed and that it's the best trail that it could be going through that neighborhood. So my apologies for earlier today, but I'm trying to make up for it now. So thank you, Vice Mayor, and thank you, Mayor. It was a pretty exciting day, wasn't it? Yes, ma'am, it was. Lots of bikers showed up. Lots of neighbors came. It was everybody was pumped up. Okay, Councilmember Massadi. Thank you, Mayor. I just want to congratulate two women who made history yesterday. um scientists jennifer dudena and scientist emmanuel charpentier were awarded the nobel prize in chemistry and this is the first time in the history of the nobel prize that two women shared this award um jennifer dudena is from the university of california at berkeley and emmanuel charpentier is from the max plank institute for infection biology um and again And, you know, this was pretty rewarding because they did some work on genomes and DNA. I'm sorry, and DNA treatment. And this is what got them the award. And this is the first time in history. And it's only been for the past 57 or not 57, over 100 years, there's only been 57 women who have even gotten the Nobel Prize. And these were the first two who got this yesterday. So I just want to say my congratulations. And we're getting there. we're finally going to break that glass ceiling. That's all, Mayor. All right. Thank you. Vice Mayor Kay. Thank you, Mayor. So this, I guess, falls in the category of personal privilege. I appreciate Council Member Brown giving me a shout out. One of the difficulties of this particular pandemic, for me personally, is that I've chosen not to go to anything that's not required. And I've missed a number of events that I wish I had been able to be at and to be supportive of. This trail, as Councilman Brown said, is something that I have kind of worked on and dogged and tried to make sure that it happened. And whenever possible, with the help of Council Member Brown and others, we've found money to make sure that it's really done in the right way. It's a terrific addition to the East End. It's a terrific addition for the community. And I have already seen people on bikes, on the trail, when I can see it out my window. So as I say, I regret that I was not able to be there. Very special occasion. And I look forward to having that trail become an important and integral part of the community. So thank you, Nina. Thank you. Does anyone else have an announcement to make? all right with that i'll go ahead and ask for a motion to adjourn second second several motions and several seconds um and um so with that everybody who's in favor please raise your hand we have a unanimous vote and thank you to everyone and we are adjourned appreciate you