Madam Clerk, if you will call roll. Mr. Beard. Mr. Beard. Present. Mr. Blues. Here. Miss Crosby. Mister Ellinger. Here. Miss Feigel. Here. Miss Gordon. Here. Mister Gray. Here. Miss Henson. Here. Miss James. Here. Mister Lane. Here. Miss Lawless. Here. Mister McCord. Here. Mister Myers. Here. And Mister Stennett. Here. Thank you. We have a quorum present, so we are ready to proceed. It's my pleasure to welcome to the podium Reverend Troy Thomas from the, uh, historic Saint Paul AME Church. Pastor, we're glad to have you with us tonight. Glad to be here this evening, Mayor. Let us focus our attention on the God who has blessed us. We come now in your presence with an uplifting praise of thanksgiving and rejoicing mindset and attitude for the appreciation for the work that is before this council tonight and throughout this year and through this 18th session. We ask now, God, that you would not only grant favor but also wisdom and revelation knowledge for those concerns and issues that will come before them. Grant them a honorable spirit of peace and understanding, oh God, as they collaborate together to move our city to newer heights, new dimensions, and new territories of opportunity to make us a better community overall. We ask now, God, that you would grace our leadership and the support staff of those persons who help day-to-day in the operations of our city, that you would be glorified in all that is said and done tonight and forevermore. And we pray in Jesus' name. Let the people of God say amen. Amen. Thank you very much. We have, uh, some catching up to do on previous meeting minutes. Is there a motion to approve those minutes on the docket? Move approval, Mayor. Second. Have a motion by Council Member Gordon and a second by Council Member Ellinger to approve the meetings of, the minutes of the previous meetings that are listed on the docket. Any discussion? All in favor, please say aye. Aye. Opposed, no. Motion carries. Madam Clerk, if you will give- Mayor, before we start, I, I have a motion to remove number one on the, um, ordinances second reading, if I could, please. Certainly. Is there a second? Well, let me go ahead and I'll read it. All right. I move that item number one under second reading of ordinance be removed from the docket. Additional revenue for the Domestic Violence Prevention Board will not be received, and the budget amendment should not be processed. So moved. Second. I have a motion by Council Member Ellinger, second by Council Member Lane to remove item number one under the second reading of ordinances. Is there any discussion? All in favor, please say aye. Aye. Opposed, no. Motion carries. So Madam Clerk, with that modification of the docket, if you'd give, uh, second reading to the ordinances. Ordinance number two, an ordinance authorizing and directing the mayor on behalf of the Irvin County government to accept a grant from the US Department of Justice, which grant funds are in the amount of $7,818.32 federal funds are for the purchase of bulletproof vests for the Division of Police, $4,886.32, and the Office of the Fayette County Sheriff, $2,932. The acceptance of which obligates the Irvin County government for the expenditure of $4,886.32 as a local match, appropriating funds pursuant to schedule number 92 and authorizing the mayor to transfer unencumbered funds within the grant budget. Number three, an ordinance authorizing and directing the mayor on behalf of the Irvin County government to accept a donation of $500 from State Farm Insurance Companies for community events involving ch- child safety and appropriating funds pursuant to schedule number 93. Thank you very much. Is there a motion to approve those two ordinances? So moved. I have a motion by Council Member James and a second by, uh, Council Member McCord to approve those two ordinances. Is there any discussion? There being none, we'll proceed to vote. Those in favor, please indicate by voting aye electronically. Those opposed, vote nay electronically. And Madam Clerk, please call the roll. Mr. Beard. Aye. Mr. Blues. Yes. Mister Ellinger. Yes. Miss Feigel. Here. Miss Gordon. Here. Mister Gray. Yes. Miss Henson. Yes. Miss James. Yes. Mister Lane. Yes. Miss Lawless. Yes. Mister McCord. Yes. Mister Myers. Yes. And Mister St- Stennett. Here. Thank you. Thank you very much. Those ordinances are approved. Madam Clerk, if you'll give first reading to the ordinances entitled a first reading. Ordinance number four, an, an ordinance amending section 21 fif- 21-52 of the Code of Ordinances abolishing one position of administrative specialist senior grade 112N in the Division of Accounting and creating one position of administrative specialist senior grade 112N in the Division of Human Resources and abolishing one position of risk management account in grade 114E in the Division of Risk Management and creating one position of risk management account in grade 114E in the Division of Accounting, transferring the incumbents and appropriating funds pursuant to schedule number 96. Number five, an ordinance pursuant to Section 3.02, Subsection 10 of the Charter of the Lexington-Fayette Urban County Government amending Section 21-52 of the Code of Ordinances abolishing six positions of Community Corrections Major, Grade 117E and s-- and creating six positions of Community Corrections Captain, Grade 115E, accepting the voluntary demotions of the six employees holding the position of Community Corrections Major to Community Corrections Captain, creating Section 21-53 of the Code of Ordinances, granting the Director of Community Corrections the authority to make special duty assignments, providing that employees appointed to special duty assignments serve at the pleasure of the Director of Community Corrections, and providing that those employees appointed to a special duty assignment shall receive a leave of absence from their permanent rank for th- for and during the incumbency of any special duty assignment, expressing an intent to create the special duty assignment of Bureau Manager, and providing that employees appointed to the special duty assignment of Bureau Manager shall receive a stipend of $350 for pay period -- per pay period, effective upon date of passage. Number six, an ordinance amending Section 21-52 of the Code of Ordinances creat- correcting the subsection line number of the Director of Facilities and Fleet Management. Number seven, an ordinance amending Section 21-52 of the Code of Ordinances, creating one position of Environmental Program Manager, Energy Grade 117E in the Division of Environmental Policy. Number eight, an ordinance authorizing and directing the Mayor on behalf of the Urban County Government to accept a donation of $500 from the American Water Company for the purchase of a treadmill for the Dunbar Community Center and appropriating funds pursuant to Schedule number 95. Number nine, an ordinance am- amending certain of the budgets of the Lexington-Fayette Urban County Government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds Schedule Number 100. Number 10, an ordinance authorizing and directing the Mayor on behalf of the Urban County Government to accept a grant from the Kentucky Infrastructure Authority, which grant funds are in the amount of $3,100,000 Commonwealth of Kentucky funds, are for construction of the expansion area to a Class A Pump Station and trunk sewer, the acceptance of which does not obligate the Urban County Government for the expenditure of funds, appropriating funds pursuant to Schedule Number 97 and authorizing the Mayor to transfer unencumbered funds within the grant budget. Number 11, an ordinance authorizing and directing the Mayor on behalf of the Urban County Government to accept a grant from the US Department of Housing and Urban Development, which grant funds are in the amount of $1,430,000 federal funds are for the continuation of the Housing Opportunities for Persons with AIDS program. The acceptance of which does not obligate the Urban County Government for the expenditure of funds, appropriating funds pursuant to Schedule Number 99, and authorizing the Mayor to transfer unencumbered funds within the grant budget. And number 12, an ordinance authorizing and directing the Mayor on behalf of the Urban County Government to accept a grant from the Kentucky Infrastructure Authority, which grant funds are in the amount of $600,000 Commonwealth of Kentucky Funds are for the provision of sanitary sewer service to underserved households of the -- in the Leaseway neighborhood. The acceptance of which does not obligate the Urban County Government for the expenditure of funds, appropriating funds pursuant to Schedule Number 98 and authorizing the Mayor to transfer unencumbered funds within the grant budget. Thank you very much. Are there any motions with regard to those ordinances? Councilmember Blues. Mayor, I'd like to move to suspend the rules so that we can give a second reading to number 12. This, uh, this sewer ring project for the Leaseway neighborhood, uh, has been in the works for a long time, and this will help us get, uh, get a start on the, uh, on the, on the planning and design. And- We have a motion by Councilmember Blues and a second by Councilmember Lane to suspend the rules to give second reading to item number 12. Any discussion? Those in favor, please say aye. Aye. Aye. Opposed, no. Motion carries unanimously. Mayor. Yes. That has a schedule number, so it can't be- All right. Thank you. Thank you. Glenda, I appreciate your calling that to our attention. The motion then is out of order, unfortunately. Are there any other motions? Then, Madam Clerk, since we have no resolutions entitled to second, second reading, would you give reading to the resolutions entitled to first reading? Resolution number one, a resolution accepting the bids of Ferguson Enterprises and HD Supply Waterworks establishing price contracts for sanitary sewer repair materials for the Division of Water Quality. Number two, a resolution accepting the bid of Hydro Controls Incorporated, establishing a price contract for electric actuator for the Division of Water Quality. Number three, a resolution accepting the bid of Strafer Pump and Supply Incorporated, establishing a price contract for luminescent dissolved oxygen sensors and controllers for the Division of Water Quality. Number four, a resolution accepting the bid of Compass Group USA Incorporated Doing Business as Canteen, establishing a price contract for vending services for the Division of Community Corrections. Number five, a resolution accepting the bids of Brenntag Mid-South Incorporated, Delta Chemical Corporation, and Chimaera Water Solutions Incorporated, establishing price contracts for phosphorus reduction chemicals for the Division of Water Quality. Number six, a resolution accepting the bid of Enforcement Technology Group Incorporated in the amount of $25,052.99 for the Crisis Communications System for the Division of Police. Number seven, a resolution accepting the bid of Rayrig Pacific Company, establishing a price contract for yard waste containers for the Division of Waste Management. Number eight, a resolution accepting the bid of American Fire and Security LLC, establishing a price contract for sprinkler inspections for the Division of Facilities and Fleet Management. Number nine, a resolution ratifying the Probationary Civil Service Appointments of Joseph Lyon, Landfill Inspector, Grade 108N 11.590 hourly in the Division of Waste Management, effective January 5th, 2009. Maddie Morton, Program Managemen- Manager. ... Program Administrator, Grade 117E, 20041728, biweekly in the Division of Youth Services, effective January 5th, 2009. Elizabeth McGee, pr- Budget Officer, Senior, Grade 120E, 200454, biweekly in the Division of Budgeting, effective January 5th, 2009. Ratifying the permanent civil service appointments of Thomas Hillbrand, Treatment Plant Operator, Grade 113N in the Division of Water Quality, effective December 9th, 2008. Jennifer Myatt, Program Specialist, Grade 112E in the Division of Water Quality, effective d- December 9th, 2008. David Jett, Equipment Operator, Senior Grade, 109N in the Division of Waste Management, effective November 26th, 2008. Timothy Edwards, Equipment Operator Senior Grade, 109N in the Division of Waste Management, effective November 26, 2008. Ratifying the permanent sworn appointments of Todd Samuelson, Fire Captain, Grade 316N in the Division of Fire and Emergency Services, effective January 7, 2009. Philip McClain, Fire Lieutenant, Grade 315N in the Division of Fire and Emergency Services, effective January 7, 2009. Approving the unclassified civil service appointments of Jesse Clark, Family Support Worker, Senior Grade 112N 15.718 hourly in the Division of Family Services, effective January 5th, 2009. Approving the unclassified civil service appointment to the Office of the Irving County Council of Wil- Willard Fogle, aide-to-counsel Grade 000E 10092308, biweekly in the office of the Irving County Council, effective January 5th, 2009. Number ten, a resolution authorizing and directing the mayor on behalf of the Irving County government to execute a certificate of consideration and accept a deed conveying a temporary construction easement from Winona W- Wa- Winona White for the property located at 644 Wellington Way for the 33184 Trinity Road Storm Sewer Rehabilitation Project and authorize and payment in the amount of $200 plus usual and appropriate closing costs. Number 11, a resolution authorizing and directing the mayor on behalf of the Irving County Government to execute a consent agreement with Fell and McCord and Associates Incorporated and Fell and McCord and Associates LLC, consenting to the assignment by Fell and McCord Est- and Associates Incorporated of the agreement for management of natural gas procurement for the detention center to Fell and McCord and Associates, LLC at no cost to the Irving County Government. Number 12. A resolution authorizing and directing the Mayor on behalf of the Irving County Government to execute an agreement with the Kentucky Office of Homeland Security for extension of the Portable Interoperable Communications Tower Project through June 30th, 2009 at no cost to the Irving County Government. Number 13. A resolution authorizing and directing the Mayor on behalf of the Irving County Government to execute an agreement with the Kentucky Office of Homeland Security for extension of the Division of Police's Mobile Data Computer Network Project through Ja- June 30th, 2009 at no cost to the Irving County Government. Number 14. A resolution authorizing and directing the Mayor on behalf of the Irving County Government to execute an agreement with the Kentucky Office of Homeland Security for extension of the Regional 911 System Project through June 30th, 2009 at no cost to the Irving County Government. Number 15. A resolution pursuant to Section 21-16B of the Code of Ordinances approving ya- an acting assignment pay increase of greater than 10% for the Acting Senior Advisor for Policy and Budget due to market demands and in recognition of the experience and exceptional qualifications of the employee. Number 16. A resolution authorizing and directing the Mayor on behalf of the Irving County Government to execute and submit a grant application to the Kentucky State Police and to provide any additional information requested in connection with this grant application which grant funds are in the amount of $40,468 federal funds and are for the Enforcing Underage Drinking Laws Project. Number 17. A resolution authorizing and directing the Mayor on behalf of the Irving County Government to execute and submit a grant application to the US Department of Homeland Security and to provide any additional information requested in connection with this grant application, which grant funds are in the amount of $14,000 federal funds and are for a Juvenile Fire Center program, $5,000 in the purchase of controllable propane fueled fire extinguisher training equipment and videos, $9,000. Number 18. A resolution authorizing and directing the Mayor on behalf of the Irving County Government to execute an environmental assessment license with the Marathon Petroleum Company, LLC for performing activities related to an assessment of potential contamination at 1631 Old Frankfort Pike Landfill at no cost to the Irving County Government. Number 19. A resolution authorizing and directing the Mayor on behalf of the Irving County Government to execute a right of way encroachment agreement with the Transit Authority of the Lexington Fayette Urban County Government, Lex Tran and Art in Motion Incorporated in order to erect a bus shelter in the public right of way, located at 1306 Versailles Road at no cost to the Irving County Government. Number 20. A resolution authorizing and directing the Commissioner of Public Works and Development on behalf of the Irving County Government to execute a right of way encroachment agreement with the Transit Authority of the Lexington Fayette Urban County Government, Lex Tran, in order to erect a bus shelter in the public right of way, located at 845 Red Mile Road at no cost to the Irving County Government. And further authorizing and directing the Commissioner of Public Works and Development on behalf of the Irving County Government to execute any and all full right of way encroachment agreements with Lex Tran for the placement of additional bus shelters in the ru- public right of way that are entered into pursuant to the memorandum of agreement authorized by resolution number 313, 2008, and compliant with the requirements of that agreement, and that shall also be at no cost to the Irving County Government. Number 21. A resolution authorizing and directing the Mayor on behalf of the Irving County Government to execute a memorandum of understanding with the US Marshal Service for the District Fugitive Task Force, and authorizing the Mayor to execute a- all future agreements with the US Marshal Service that have the same terms at no cost to the government. Number 22. A resolution authorizing and directing the Mayor on behalf of the Irving County Government to execute an agreement with the US Bancorp for lease of a copier at a cost not to exceed $4,257 and 60 cents. Number 23. A resolution authorizing and directing the Mayor on behalf of the Irving County Government to accept a donation from Kentucky's Division of Environ- Enviorn- Division of Emergency Management of Child Decontamination Kits, Voice Amplifica- Amplification Units, Headsets, Cables and Pelican Cases for use at the Division of Emergency Management at no cost to the Irving County Government. Number 24. A resolution authorizing and directing the Mayor on behalf of the Irving County Government to execute an agreement with GEI Calgraph for service of a GEI Calgraph machine at a cost not to exceed $1,720, with future years payments subject to appropriations by council. ... twenty-five, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an admin -- addendum to the master agreement with Computer Sciences Corporation and/or any of its affiliates, CSC, for third party program license protection for third-party software programs installed during the RiskMaster software upgrade at no cost to the Urban County Government. Number twenty-six, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a contract amendment with Joy Lynn Neighborhood Association for extension of the contract for Neighborhood Action Match Programs funds through June 30th, 2009, at no cost to the Urban County Government. Twenty-seven, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute and submit a grant application to the Kentucky Transportation Cabinet and to provide any additional information requested in connection with this grant application, which grant funds are in the amount of $132,000 federal funds and are for the ... an update of the freight study for the Division of Planning. Number twenty-eight, a resolution authorizing and directing the mayor on behalf of the Urban County Government to accept a grant from the Department of Military Affairs, Kentucky Emergency Management Agency fro- which grant funds are in the amount of $1,004,692.50 federal funds, are for a flood mitigation project, including the purchase of nine properties a- on Fort Sumter Drive, Cabot Drive, and Shandon Drive, the acceptance of which obligates the Urban County Government for the expenditure of $334,897.50 as a local match and authorizing the mayor to transfer unencumbered funds within the grant budget. And number twenty-nine, a resolution calling for the Lexington-Fayette Urban County Airport Board Chairman to resign as chair and suspend all activities with the Lexington-Fayette Urban County Airport Board and airport management until after the audit by the Kentucky State Auditor is complete, urging the Lexington-Fayette Urban County Gov ... Urban County Board ... Airport Board to suspend approval of all nonessential out-of-state travel for all board members and airport staff until after the audit by the Kentucky State Auditor is complete, and recommending to the mayor that no new appointments to the Lexington-Fayette Urban County Airport Board be made until after the audit by the state -- Kentucky State Auditor is complete. Thank you very much. Council Member Myers. Thank you, Mayor. I move to place on the docket under first reading of resolutions, a resolution accepting a bid of Cooper Surgical Incorporated in the amount of $21,600 for a digital, uh, colposcope secure image documentation system for the Division of Police. So moved. Second. We have a motion by Council Member Meyers and a second by Council Member Gorton to add the item he described to the docket for first reading. Is there any discussion? All those in favor, please say aye. Aye. All opposed, no. Motion carries. Madam Clerk. Ordinance number 30, an ordina- ... uh, excuse me, resolution number 30, a resolution accepting the bid of Cooper Surgical Incorporated in the amount of $21,600 for the digital coloposcope secure image documentation system for the Division of Police. Is there a motion to approve? So moved. Second. Pardon me, pardon me, pardon me, pardon me. I'm sorry. That is its first reading, not second. Right. Um, all right. Any further- There's a motion to suspend the rules? All right. I have a motion to suspend the rules for purposes of giving second reading to what I suppose would be item number 30. Correct. Second. And I have a second. Are there others? Council Member Gorton. Thank you, Mayor. Uh, I would like to suspend the rules and give second reading to numbers 19 and 20, so they can proceed with the shelter. Thank you. Council Member Ellinger. Number 29, Mayor. All right. Anything further? Then we have a motion to suspend the rules to give second reading to items 19, 20, 29, and 30. All those in favor of suspending the rules, please indicate by saying aye. Aye. All opposed, no. Motion carries. Madam Clerk. Council Member Wayne. Uh, thank you, Mayor. As my, uh, fellow council members know, um, Mayor Newberry appointed me to serve as his designee on the Bluegrass Airport Board. And my appointment as board member was effective on January 5th, 2009. Tonight, Council Resolution 29 regarding operations at Bluegrass Airport contains recommendations that are not binding on the Airport Board. Tonight's resolution is not based on any testimony or presentation made to council members. Upon consideration of these facts and my desire to be fair and impartial regarding my duties on the Airport Board and on the council, I have decided to recuse myself from this, uh, vote. This will allow me to carefully consider and evaluate factual information regarding Bluegrass Airport as it becomes available. While I understand the desire of citizens to respond quickly and forcefully to the allegations of any wrongdoing, I strongly believe that the rights- Mayor, mayor, point of order. ... of all parties, airport employees- Council Member Myers. ... board members, and taxpayers must be equally- Council Member Myers. ... protected. Thank you. Council Member Wayne, if you hold on for just a moment. If, if he's gonna recuse his vote, then he doesn't, uh, he's not allowed to make the statements that he's making. He just needs to recuse his vote and move on. All right. Points well, well taken. So if you would mark Council Member Lane as being, um, recused on issues pertaining to those four, uh, to the item 29. And Madam Clerk, if you'll give second reading. Resolution number 19, I- For second reading, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a right of way encroachment agreement with the Transit Authority of the Lexington-Fayette Urban County Government, Lextran- Okay. ... and Art in Motion Incorporated in order to erect a bus shelter in the public right of way located at 1306 Versailles Road at no cost to the Urban County Government. Number 20. He's preceded this guy. A resolution authorizing and directing the Commissioner of Public Works and Development on behalf of the Urban County Government to execute a right of way encroachment agreement with the Transit Authority of the Lexington-Fayette Urban County Government, Lextran, in order to erect a bus, bus shelter in the public right of way located at 845 Red Mile Road at no cost to the Urban County Government, and further authorizing and directing the Commissioner of Public Works and Development on behalf of the Urban County Government to execute any and all future right of way encroachment agreements with Lextran for the placement of additional bus shelters in the public right of way that are entered into pursuant to the memorandum o, of agreement authorized by Resolution Number 313, 2008, and compliant with the requirements of that a, agreement and that shall also be at no cost to the Urban County Government. Number 29, a resolution calling for the Lexington-Fayette Urban County Airport Board Chairman to resign as chair and suspend all activities with the Lexington-Fayette Urban County Airport Board and airport management until the after the audit by the Kentucky State Auditor is complete, urging Lexington-Fayette Urban County Airport Board to suspend approval of all nonessential out-of-state travel for all board members and airport staff until the after the audit by the Kentucky State Auditor is complete, and recommending to the mayor that no new appointments to the Lexington-Fayette Urban County Airport Board be made until after the audit by the Kentucky State Auditor is complete. And number 30, a resolution accepting the bid of Cooper Surgical Incorporated in the amount of $21,600 for the digital coloposcope secure image doc, documentation system for the Division of Police. Is there a motion to approve those items? Moved. Moved. Second. Councilmember Stennett has moved their approval. Councilmember McCord has seconded. Is there any discussion? I'm carried. Counci... If she shows up. Uh, does not. Sorry. But, um, I've got Councilmember Ellinger on the list, so I'll, um- After I've spoken. All right, then Councilmember Feigl. Uh, I would like to speak to... thank you. I would like to speak to item number 29. Uh, this is a very unfortunate incident or, or situation that we've had to deal with, and I feel very uncomfortable, um, trying to make a decision on information that we're, uh, merely reading in the newspaper. And I would like to request that the council be given an update, uh, an updated status report on everything that, that has been uncovered, um, so that we have official documentation of what we are, um, being report, what's being reported. Do you wish to amend the resolution to that effect or- No, that's just my discussion. Uh, uh, I don't- Okay. Do I need to make a motion that we, that we, uh, receive information from, either from the mayor's office or from the airport board or from whatever entity has that information, that we receive it so that we have credible information to act upon rather than reading in the newspaper? Um, I think we can make arrangements to get some kind of report. I, I'll be glad to relay your request to the airport board who has access to the information. Um, if you want to put it in a form of a motion, I suppose, um, probably at the conclusion of our vote on these resolutions, that would be the appropriate time to do it. Or, uh, I'll be glad to forward your request to the airport board and let, let them respond to you directly, however you wish, wish to proceed. It, it really doesn't matter to me which way we do it, just as long as we get the information. If you need a motion, I'll do it. If not, just forward. No, I'll be glad to relay the request. Thank you. Any further discussion? Then those in favor of approving the resolutions that just received their second reading, please indicate by voting aye electronically. Those opposed vote nay electronically. And, uh, Madam Clerk, please call the roll. Sorry about that. I think I messed up on that one. Um, Mr. Beard. Aye. I'll record your votes over here. I punched a button twice too quick, sorry. Mr. Blues. Yes. Ms., uh, Mr. Ellinger. Yes. Ms. Feigl. Yes. Ms. Gordon. Aye. Mr. Gray. Yes. Ms. Henson. Yes. Ms. Janes. Yes. Mr. Lane. Uh, yes. With the exception of you recusing on number 29. The record will show that. Mr. Lawless, Ms. Lawless. Yes, and I'd like to explain my vote. That okay? Um, I would like to say that- Mayor. Uh, Councilmember Stennett. No, I can't. No, that's out of order. Okay, never mind. Thank you, Councilmember Stennett. Mr. McCord. Yes. Mr. Meyers. Yes. Mr. Stennett. Abandon. Thank you. The motion is approved. Ne, next item on the agenda is the, uh, uh, item for communications from the mayor. Motion to approve would be in order. Moved. Have a motion from- Second. ... Councilmember Blues to approve those items and a mo, a second by Councilmember Gordon. Councilmember James. Mm, yes, Mayor, I'd indicated here, I don't know where it is now, but to speak on this. There's one correction that I'm going to suggest and that's at, on number six. It's just one word. It's an article. Um, it has that Dr. Stevens is no longer serving as the council representative. It should be a council representative. There's more than one council representative there. All right. Just for clarification, if we can amend that. We'll make that note on the docket. Thank you. Any other discussion? Then those in favor of approving the communications, please indicate by saying aye. Aye. Those no, motion carries. There are a few communication items for information purposes only under item number seven. Are there any announcements? Council Member James? Thank you, Mayor. Um, I received an email today from, I believe, the Kentucky League of Cities, and I just wanted to make mention of, um, my condolences for the family of Bernice Dickerson. Um, Bernice, it says here that... I have a resolution that was, um, I believe, um, brought forward to, um, General Assembly, the Senate General Assembly of Kentucky. Um, Bernice Dickerson ran for City Council of Adairville and won her council race in 1983. That was the same year she celebrated her 70th, 70th birthday. Um, she's remained, she remained in that seat, um, running and winning 11 elections, um, and thus bringing her city legislative service to Adairville for over two decades. Um, she has the distinction, um, which I share as well, of being the first Black woman elected to the City Council of Logan County. So I wanted to offer, um, Miss Bernice Dickerson has, um, she has now passed away, so I wanted to offer my condolences to Bernice Dickerson, um, and her family and the City of Logan County, I'm sure we'll miss her very, very much. And, um, I appreciate Bernice, um, if she's listening. I appreciate her service, um, and her leading the footsteps and showing folks that involvement, um, is important no matter how old you are, what race you are, um, or how much life you have to live. Thank you, ma'am. Thank you very much. Any other announcements? Council Member Blues. Thank you, Mayor. I just wanted to, uh, rec- recognize State Representative, uh, Jesse Crenshaw, who's here with us tonight. He, uh, he was instrumental in, uh, uh, in getting the, uh, $600,000 for the sewering project in, uh, in, in Leesway, and once again, he has helped, uh, members of his district and, and, and of our, and of our municipality. Uh, I told him I was gonna do a second reading of, uh, of the ordinance tonight, just to get him here. I mean, I knew that he, he really couldn't do it. Uh, but I wanted to, uh, to recognize him and, and, and to thank him for, for, uh, you know, for the work he does in the legislature with us and, uh, and for being here tonight. Thanks, Jesse. Welcome, Representative Crenshaw. Glad to have you. Does anyone else have an announcement? I would, uh, simply extend a formal welcome to their first council meeting to both the Council Member Michael and Council Member Lawless. Glad to have you here with us. Last item on the agenda are public comments, uh, is, uh, public comment section. I have three people who have signed up. Uh, the first is Mr. Cobb. If you'd step to the microphone, you'll have three minutes. Peace and love to the council. Grateful to be here. First, giving honor to the most high for his spirit. Uh, many things I could talk about tonight. I'm just focusing in on gratefulness. I'm grateful for the many people who crossed my path, who encouraged me to keep showing love, keep showing, uh, the energy that it's gonna take in '09. There's a lot of accusations going on with the airport board guy. I just wanna say, lovely, one of my friends, he's a VIP. And whatever went on was unethical or whatever, but he's a stand-up guy. He's always gave me respect when I seen him. Let the record state that. I wanna ask, uh, Vice Mayor Gray if I could still count on his support. He made me certain promises if I work with you, that you would abide by, and as we shining the light on the guy at the airport, I wanna see if you're gonna honor your word to me. You promised me you was gonna give me access to certain venues on the shoeshine. Uh, now is the time. I'm ready to shine. I'm still in good health. I think I'm in my right state of mind. Uh, I got a lot of things I wanna do. I'm gonna open up the Lyric. I'm gonna start raising the money tomorrow, so it won't be no excuses, b- it's been closed too long. I wanna start Mr. and Mrs. Black Lexington again. I'm gonna raise that money. I'm gonna talk to everybody tonight. Uh, I seen the mayor asking for money for an organization. I can help you raise some money on that end too. All right. It's a new day. It's a new spirit. I'm fresh. I'm ready to work. I need everybody's help. I wanna go to all y'all's districts, shine everybody's shoes, and we gonna change this thing. We got a few days for 2010. I can't even look that far. I'm only looking to tonight, but if I make it to 2010, I'll be grateful. And I just wanna say, everybody has a role to play. We can point fingers all day. But let's have a contest, see who can do something for somebody who they hate. That'd be, that'd be an amazing contest in 09. See who can be the most meekest, who can be the most loving. Those are contests we need to start having as a start, as, as opposed to cutting each other's throat, 'cause I could cut some throat. Some people want to cut my throat, but it's still all good. I need everybody's help. Please ha- ha- let me shine shoes in y'all's district. I want to train the young people and I asked the council this, uh, "Please view my movie before the next time I come here." I think next Tuesday, it'll be work session. I, I dropped my movie off and it'd be a pleasure and honor to me, so y'all understand the way I approach y'all after y'all view my movie. I got respect for everybody tonight. Thank you, Mayor. Thank you, Mr. Cobb. Next is Mr. McCarthy. If you'll step to the podium, you'll have three minutes as well. Um, first off, I want to say that with the mess the world's economy is in, I think now you would be legitimately entitled to tap into the city's rainy day fund, which I do... I don't remember how big that is and I'm not sure whether it will last longer than the current recession or depression or whatever it is we're having. But I do think tapping into it would be better than laying off government employees, especially those whom our safety depends on, such as police officers and firefighters. We may actually need them worse with the economy in bad shape, simply because desperate people are more likely to become criminals and perhaps more likely to resort to, uh, heating their homes with more dangerous but cheaper methods. And second, while I have for many years nagged you for better transportation, I will point out that I do wish to have all different modes accommodated. I probably drive about 15,000 miles a year, pedal about 1,500 miles a year, and walk about 750 miles a year at least. Uh, I would say most of the walking, walking and pedaling are within your jurisdiction, although many of the 15,000 miles a year that I drive my pickup, uh, are far beyond for the simple reason my mode of transportation depends on how far I'm going, how much time is available, size and weight of what I need to take with me or fetch back, and what the weather says. And while I have carried firewood home on foot when the distance was, uh, only the width of a couple building lots, uh, I've not yet figured how to transport it by bike, and I've not yet figured how to tow my camping trailer to Miami either by bike or on foot. Thank you, Mr. McCarthy. Mr. Marr, if you'll step to the podium. Um, you'll have three minutes. I know you have raised the issue about the five-minute rule. Um- Can I ask a question? You may, and, um, Council Member Stennett I think also wants to address the issue as well. Okay. Three, three. Sorry. I've emailed several of you guys, and I know you guys, I've talked about it before, the five-minute versus three-minute, so I just wanna... if we have a discussion about it, which is great, I wanna give you my evidence for why I believe it's so important beyond just the two minutes on the clock. Uh, where's the mouse button? Do I just point to you? Is that what I do? Okay, uh, Erik Patrick Marr, 207 Cassidy Avenue. Uh, so I found this... can you go back one slide? I'm sorry. Uh, Lexington's economy and Lexington's government. I want to give this little presentation correlating the culture here with our economy, and the Gallup Organization came out with this, uh, finding in December that was totally enlightening. And then, uh, I'm gonna also use Malcolm Gladwell's book, Outliers, to also correlate our governmental culture vers- to our economy, uh, bottom line results. Next slide, please. Gallup Organization, Jim Cloth- Wait a minute. Jim Clifton, sorry- Mr. Marr, I think the issue we need to resolve first is the three-minute versus five-minute issue for just a second. So if, if you, there's something you'd like to address with regard to that, let's kind of resolve that issue on the front end, and then we'll either give you three or five minutes after that to make your presentation. So do you, do you have anything you wish to present beyond the m- matter that you circulated? Well, that is in this presentation, which is fine, and I was gonna give some anecdotal evidence as to why it matters, but if you guys want to go ahead and make five, that's great. Well, I guess the issue here really is what's the rule? Right. And, and- Right. ... you have circulated this, which I appreciate. Council Member Stennett? Yeah, I too appreciate you circulating it. The, the, the Rule 4.106 of a council rules can be changed obviously by council at any time, but, but the way the, the law reads and a longstanding policy of this body is it shall be no more than five minutes, not that it's a minimum of five minutes. And this body for, for several years has been consistent in keeping it three minutes. Uh, we've also even allowed people to go 15, 20 minutes at times. So we can change those times, and I guess, you know, the, the bottom line, it's up to each individual meeting, but our consistent policy during public comments have been three minutes. And so- And of course, we could change that tonight. Can you go to the one slide just so the public can see it? I had the o- the code of ordinances on there. Uh, next one? Yeah. Forward- It doesn't say you can change it. ... one or two more. There you go. So this is in the Code of Ordinances, I believe, section eight. It's in the council rules. Commissioner 2 Commissioner 1? Yep. Those are council rules, 4.106 is. And they can be amended or changed by this body at any time. I don't know what the difference is. I'm sorry. My understanding was that Code of Novordances, but regardless, regardless- Can we get law opinion from c- Mayor? Sure. Would it be okay? Sure. And I got some really economic evidence that really supports five. If we can have our Commissioner of Law come forward, that'd be great. Rule 4.106 talks about public comment on questions under debate. Um, comments should be limited to five minutes. I don't believe the rules address regular public comment period, which is the period we're in right now, Council Member James. So, uh, it was my understanding when Mr. Maher first brought this to my attention, and I think he talked to a couple of council members at the time, that I believe sometime last year, the council acted to limit public comment, whether it's a matter under consideration or it's not, uh, to three minutes. But I don't believe that it made it into the rule. Now, I don't specifically recall that, but there were a couple of council members, uh, we were visiting one night after a meeting and, and some council members remembered that. So, um, this is what the rule says. Uh, I don't know that it addresses public comment when it's not a question under debate. Uh, but I believe the council has been using the three-minute rule on all public comments. Am I right, Councilman Steener? I believe that's right. Yep, that, that's been a consistent policy. I know since I've been on the council. And of course, you can just change this. If you wanna... I mean, we can make this comply with what the practice has been. So as far as you can tell, there is nothing that references just general public comment that's not attached to a particular item? That is correct. That is correct. I believe that this is the only rule that addresses public comment. I'll defer to the parliamentarian, but I believe that's correct. Yeah, a- and we also, at the same time, any meeting can suspend the rules of any of these council rules and either change the minutes by 10 votes or, or more. We do that on a regular basis. Which this council has pointed out, you have done that before. We, we do it on a regular basis so, we did it tonight. Well, in the absence of a rule, who makes that determination at this meeting when the mayor is the chair? I think it, it is up to the council to decide. So if you all decide that you want to impose a three-minute time limit during the public comment period, I think that's certainly up to you to do that. Thank you. If there is a motion to the contrary, we'll entertain it. Otherwise, my intention would be to follow the standing practice of three minutes. Can I, can I give some evidence as to why that's not maybe the best idea? Just from my evidence research before you guys vote or... I'm sorry. Well, is that, is that what your presentation is about tonight? Yeah, pretty much so, yes. Okay. Well, l- let me, let me suggest you take three minutes and if you're not through at that stage of the game and the council feels as though additional time is warranted, we'll- Okay. ... entertain a motion to suspend the rule. Okay. So before I, just before I do that, can I just clarify, so someone is making a motion or whatever to stick with three? Is that my understanding? Well, the, the, the ruling by the parliamentarian was the standing practice has been three minutes. And so that's the rule we will apply unless there is a motion to change the rule by the council. And so, just so I can clarify, the standing rule is just an unwritten rule somewhere that is sort of different than this ordinance or this, whatever this is? Is that- Well, a- anytime you have a meeting, the, the, the chair of the meeting dictates most of the way the meeting flows and the time frames. Yeah, right. But the council, by any action or motion or that body, can change those, either extending them, which we've done for you before. Right, right, right. Or we could, at the last meeting on December 9th. Right, right. So we could change it, but there is no written law about the public comment time in our, in our council rules. And there may need to be, but there, but there's not currently. I'm sorry. So I, if I, if it's okay for me to add, based on what you just said, then it would be up to the mayor as the chair of the meeting to then say what the decision is. 'Cause it sounds like it's- And that's what he just said, so. He's kind of deferring to the parliamentarian, but it's really the- That's what, what he just said. Okay. Well, I don't understand any of that. I, so this doesn't count? Is that what we're saying, basically? Not at this time. There's nothing under debate right now in terms of, of an issue before the body. This is public comment time. Yeah, I understand. Not that I don't want you to speak five minutes. No, I know, I understand. Council's limited to five minutes during our council reports, but some people take longer than that. Right. So we sometimes go over our own, but, um, not that I don't want you to have five minutes. I understand. So before I get off, is there a way to clarify for a layman why this is written in the rules or Court of Ordinances and then yet there's a standing practice different and that one's enforced versus this one? Like, just to understand how that works. This is not an issue under debate. This is public comment. That's the difference between what you're reading up here and, and what's happening right now. And so how would I create that? Well, i- if you were debating Resolution 29- Yeah, right. Then this rule would apply at that time. All right, all right. Unless we changed it and gave you longer time or shorter time. So, oh, I see what you're saying. So for just a general public comment, there is no rule at all. Right. So this... Okay. And we would set that, you know, some means I know on task force, we've, we've given five minutes per speaker. Right, right, right. So there's no rule at all right now. So that, that's why you said whoever the chair is decides how long I can speak. So then, in that case, I'll have some good evidence for us. Okay. Sorry about all that confusion. No, that's not a problem. Okay, so can we go back to the beginning? I'll just start from the beginning. If that's okay. Let's reset the timer and start at three minutes now. And if it's not any good, you can just... We'll go watch the football game. Okay, so, uh- ... correlating this culture of public engagement in our government with the economy, which is what really matters when it's all said and done. It's not about two, three, or five, or 10, or whatever. It's about what matters. And so, next slide please. Uh, the Gallup OrganizatioN. Jim Clifton, Chairman CEO of Gallup, uh, came out with this world poll. Global migration patterns and job creation, brain drain versus brain gain, which we talk about brain drain here in Lexington a lot. Gallup's world poll, if you guys can read that, reveals new findings on the great global dream, and how it will affect the rise of the next economic empire. Next slide please. Thank you. Aw, is that black? Is that supposed to be black? Not supposed to be black. Okay, there we go. And also, in Malcolm Gladwell's book, Outliers, uh, right here, I highly recommend it to everybody watching too. He studies the surroundings, the culture and the environment of the world's biggest success stories or biggest failures. Friends like the Beatles or Bill Gates or some other examples that I'll give you guys here tonight. Uh, next slide please. You can go onto the next one. Okay. The Gallup Organization brain gain. This f- considering the context of our economic climate. I'm gonna go real fast 'cause I know that time is short. Brain grain- gl- gl- brain gain is defined as a city's or country's attraction of talented people whose exceptional gifts and knowledge create new businesses and new jobs and increase that city's or country's economy. The challenge leaders face is how to trigger brain gain in their cities. It's a new challenge, but an old issue. Goes on there says that, "25 years ago, economists forecasted that the, that the United States would lose its first place ranking. They were dead wrong." It grew in 25 years to 13 trillion. Uh, the best economists in the world were off by $10 trillion. And the next paragraph is key. "They were wrong because their economic models didn't include the most powerful variable of all, the migration patterns of the most talented people. Value is now created from piles of ideas and determination, not piles of material and natural resources. The economists underestimated a massive force of innovation and entrepreneurship that led to a technology revolution. Th- the leaders of countries and cities must make creating good jobs a number one mission and primary purpose because securing good jobs is becoming new currency for leadership. Everything leaders do must consider this global state of mind." Down to the last one there. "The mayors and city fathers of every city, town, and village on earth must realize that every decision they should make must consider the economic impact first and foremost." Good jobs. Next. Uh, I'm getting to my point here. Research has counted how many people created the, the, the technology boom. Uh, the bottom line, uh, in the red bold letters, uh ... This is, uh, this is probably too much for a presentation. I'm sorry. Uh, I'm gonna read it for you. "Research has counted how many people created the technology build out that led to the trill- $10 billion d- $10 trillion of unplanned revenue growth that Lexington needs now, for instance. Uh, it appears that about 1000 people did that, 1000 star innovators. Uh, the same is true for all world class economic..." Is my time up? Um, I'm afraid it is. Okay. Mr. Marrs, is there motion to extend his time? The last paragraph there is ... I'm getting to the s- good stuff in the last paragraph there. All right. Do I have time to go on? Y- you said- Thank you. Thank you, guys, so much. All right. Okay. So, uh, 1000 stars. Red- The next- the ph- red paragraph. Therein lies the opportunity of 1000 world class explorers and inventors were the heroes of the unforecasted $10 trillion, our unforecasted future economy here in Lexington. How many stars are there in the world? How many exceptional people should we be watching and tracking? How many are in your city? This is where I'm getting at. How many stars are in Lexington, and what effect are they having on brain gain or brain drain? Because you want and need them all, the small, medium, and large stars. But who are these stars? They could live almost anywhere. More often than not, they are single, young. This is from Gallup. Between the ages of 25 and 35, and at least have an undergraduate college degree. Most of them have not yet been discovered, nor have they created their big invention or enterprise. Next. The math is simple. One star per $100 million of GDP growth. Uh ... I think this is way too much for a presentation. I'm really sorry. Uh, next paragraph, the last one there. Talented people create brain gain. Brain gain and brain drain are among the most cr- crucial factors. This is way too much. I'm really sorry. Is ... I- I- I'm getting to my point. This is way too long. I'm sorry. Is there motion to extend Mr. Marrs' time? Yes. H- here. Okay. All right. Council Member Lawless, you move to extend the time by- Yes, sir. ... by another three minutes? Two minutes? Three minutes. That's fine. I- I'm, I'll get going. I'm really ... I have a motion to extend the time by another three minutes to suspend the rules to that effect. Is there- Second. I have a second from Council Member Gray. Any discussion? All in favor say aye. Aye. All opposed, no. Thank you. So moved. Th- thank you, mr- Thank you. You can go on to the next slide. Council Member Blues votes no. Next slide, sir. I'm sorry. Okay. So here's, here's one of the key factors that Gallup says, uh, ci- city leaders must em- employ and understand in order to create brain gain. This is what I was wanna get to. Engaged citizens. Citizen engagement is the actualization of real global altruism. This is the main for world class social entrepreneurs. It is the ultimate act of all leaders of all ranks because this is how leadership touches absolutely every constituency in the community. Citizen engagement is the Mother Teresa domain of the world path. It is the most precious and sophisticated value, and it speaks to the genius of these super mentors, these stars. Here we go. And it has the biggest potential returns for all of brain gain and subsequent GDP, especially in higher income countries, or in this case, communities. Citizen engagement creates two kinds of magic. It generates new m- multiples of relationships between wide ranges of citizens, which breeds cooperation, productivity, citizenship, and patriotism. Positivity about one's country and, more important, more particularly, Gallup says, one's community creates an environment that makes talented people want to come and stay. This is a solution for brain drain, here in Lexington. It's about creating a engaged community. Well, this is why the three minute versus five minutes is important because, I mean, well, then the room is empty. This is my point. The room is empty and nobody's watching on TV probably, except people I emailed and told me to, told them to watch. But that's the problem. It's the economic impact of having a disengaged community. And by having three minutes, or whatever it may be, it stifles the people and it stifles our economic engine which are our people, those stars that create the unforecasted economic results. That's what I'm saying, if you can follow what I'm saying. Uh, I'm really taking my time being... Y'all are being liberal tonight. Uh, An Outlier is this book, right here, correlating the enlightening story of Korean Air to Lexington and Kentucky. Th- This is gonna sound crazy, but it's really true. Next page, please. Okay, Korean Air, this is a bad example of, uh, what a bad culture can do. They can crash your planes, or in this case, an economy. Korean Air from 1988 to 1998 was- had 17 times more, uh, crashes than the average airline. So many crashes that Delta and Air France suspended their partnership, so many crashes that the US Army forbade personnel from flying on Korean Air, so many crashes that, that Canada almost for- forbade them from flying over their airspace, so many crashes that the President of Korea itself got personally involved. Next slide. And the reason why is because in Korea it's a very top-down culture. Uh, Gladwell calls it the power distance scale where if you are a, a boss in Korea versus a subordinate... If you're a subordinate, you have to... and the, and your boss is hungry, you have to go to the store and buy him dinner and serve him dinner. It's a very... If you're a subordinate in Korea, and in other countries, you have almost no power, you defer in all cases. Next page. Kings and peasants versus equals. Next page. Next slide, please. Mr. Morris, you have about 25 seconds. Okay. As one Korean former air pilot put it, "The captain is in charge, does what he wants, when he likes, how he likes, and everyone else sits quietly and does nothing." Uh, in one case, the captain hit the first officer with the back of his hand when he made a mistake. The very top-down system created all these lack of communications which created the plane crashes which I'm correlating to economic stagnation within Lexington. And so that's why it's important to allow and encourage public participation in Lexington. I got way off base and way too long, I'm sorry. Thank you, Mr. Morris. Is there anyone else who wishes to address the Council? Seeing none, we'll entertain a motion to adjourn. So moved. Second. I have a motion by Council Member, uh, Myers to adjourn, and a second by Council Member Gordon. All in favor, please say aye. Aye. Opposed, no. Motion carries. Thank you very much. I see you watching me just like a hawk. I don't mind the way you talk. But if you touch me, something's gotta give. I live the life I love and I love the life I live. Just like that. My diamond ring... Coming up next on Channel 3, a closer look at lexingtonky.gov, Rupp Arena goes green, and saying farewell to a couple of longtime public servants. This, plus more, coming your way on Lexington Now. Hello, everybody. Thanks for being with us for this, our first 2009 edition of Lexington Now, as we update events and news from the Lexington-Fayette Urban County Government. I'm David Sullivan. Thanks for joining us. 2008 brought change to Urban County Government. One recent change, our new website, lexingtonky.gov. It will allow users to interact with local government as never before. Mayor Jim Newberry takes us on a walk through some of the new features you will encounter when visiting the city online. Our new website welcomes you to one of the most wonderful places on Earth, the beautiful Bluegrass. Through our site, you'll learn more about our high-tech city and the world-class countryside that surrounds it. We're wired to the future, but we're also very proud of our roots and our community's unique beauty. We have a rich, diverse culture, countless educational and arts opportunities, and wide-ranging economic development possibilities. Local residents who visit lexingtonky.gov will find a website that seeks to improve communication with citizens. I wanna make government more transparent and to improve the services the city offers to its customers, the citizens of Lexington. Our new website does both by making it easy to learn more about government news and to access city services. I hope you'll join me for a brief tour of the site. The site's design makes it easy to use and helps people-