Madam Clerk, will you call the roll? Ms. James? Here. Mr. Lane? Here. Ms. Lawless? Here. Mr. Martin? Mr. McCord? Here. Mr. Myers? Here. Mr. Stennet? Here. Mr. Beard? Mr. Bluez? Here. Ms. Crosby? Here. Mr. Ellinger? Here. Ms. Figal? Here. Ms. Gorton? Here. Mr. Gray? And Ms. Henson. Here. Thank you. If -- Mr. Askew, would you ask, uh, Mr. Green to come around? I don't see, uh, Rabbi Cline this evening, so if you would, uh, do us a favor, uh -- ... the invocation, we would appreciate it. He won't look forward. Next time. Let us stand. All powerful Father, we thank you for allowing us to assemble here today to do the people's business. We pray that as we go that you would, uh, give us wisdom and guidance to do what is right for the citizens of this community. We pray that we will focus on that and, uh, work in unity. We pray for those who are without and those who are in on the war field and we pray that you give them safety. In the name of he who has granted it all, I ask these things. Amen. We have some, uh, minutes from some prior meetings to approve. Is there a motion to adopt those minutes? Move approval. Second. We have a motion by Council Member Gorton and the second by Council Member Ellinger to approve the minutes of September 3 and September 17. Any discussion? All in favor, please say aye. Aye. Opposed, no. The motion carries. And Madam Clerk, we're now ready for the reading of ordinances entitled, "A Second Reading." Ordinance number one, an ordinance amending certain of the budgets of the Lexington-Fayette Urban County Government to reflect current requirements for municipal expenditures related to FY2009 year and expenses and appropriating and reappropriating funds FY2009 schedule number 166. Number two, an ordinance amending certain of the budgets of the Lexington-Fayette Urban County Government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds scheduled number 63. Number three, an ordinance amending section 5-29 of the Code of Ordinances of the Lexington-Fayette Urban County Government to provide for the Divi-- Director of the Division of Building Inspection to receive fees for the issuance of a required certificate, letter, or other documentation deleting the $25 fee for a grading permit and establishing a $25 fee for a certificate of occupancy, a $10 fee for a home office certificate, a $25 fee for a zoning and use verification letter, a $25 fee, a minimum fee for a residential paving permit, and renumbering all of the subsections of this section accordingly, amending section 5-29.3 of the Code of Ordinances to renumber all of the subsections to correspond to the deletion of the grading permit, all effective on January one, 2010. Number four, an ordinance amending section 21-52 of the Code of Ordinances abolishing one position of code enforcement officer grade 113N and creating one position of nuisance control officer grade 111N in the Division of Code Enforcement and appropriating funds pursuant to schedule number 66. Number five, an ordinance amending section 22-52 of the Code of Ordinances creating one temporary position, a social worker grade 111E with a three-year term within the Division of Community Corrections. Number six, an ordinance amending section 22-52 of the Code of Ordinances creating one temporary position of micro computer support specialist grade 113N with a one-year term within the Division of Police. Number seven, an ordinance amending section 2152 of the Code of Ordinances creating one position of environmental initiatives specialist grade 115E in the Division of Environmental Policy. Number eight, an ordinance amending section 21-52 of the Code of Ordinances abolishing one position of administrative officer grade 118E and creating one position of efficiency analyst grade 118E in the Division of Waste Management. Number nine, an ordinance accepting the private street for Springs Court as a public street pursuant to the private street acceptance policy contingent upon the ban, the Banbury Homeowners Association satisfactorily completing the resurfacing of all pavement with one and a half inch overlay, accepting responsibility for all non-street common areas and structures, including the streetlights, concrete and or grass medians and any street pavers, fencing and landscaping bearing the cost of new or replacement street signs and recording a final record plat within one year of passage of this ordinance, dedicating the street as public right of way and a note assigning maintenance of common areas outside the public right of way to the homeowners association. Thank you. Is there a motion to approve those ordinances? Approval. Second. Council Member Stennet has moved approval of those ordinances. Council Member Myers has seconded the motion. Any discussion? Seeing none, we'll proceed to vote. All in favor of approving those ordinances, please indicate by voting aye electronically. Those opposed, vote nay electronically. And Madam Clerk, please call the roll. Ms. James? Yes. Mr. Lane? Here. Ms. Lawless? Yes. Mr. Martin? Yes. Mr. McCord? Uh, yes on all except no on number three. Which one no, please? Number three. Thank you. Mr. Myers? Oops. Yes on everything but three. No on three. Thank you. Mr. Lane? Yes. Yes. Mr. Ellinger? Yes. Mr. Gorton? Yes. Yes. Mr. Myers? Yes. Mr. Bell? Mr. Stennet? Yes, ma'am. Mr. Blues? Yes. Miss Crosby? Has left -- okay. Mr. Ellinger? Yes. Miss, Miss Beigel? Yes. Miss Gordon? Aye. Mr. Gray is absent. Miss Henson? Yes. Thank you. And you got council member Crosby's vote, Madam Clerk? All right. Those, uh, ordinances are approved. That, uh, takes us down to item five on the agenda, which is, uh, ordinances entitled A Second, The First Reading Rather. Madam Clerk, if you would, uh, give those their first reading. Ordinance number 10, an ordinance change in the zone from a two-family residential R2 zone to a high density apartment R4 zone for 1.288 net, 1.49 gross acres for property located at 1612 Versailles Road, subject to certain use restrictions imposed as conditions of granting the zone change. Hosts, Homestead Nursing Center, LLC. Number 11, an ordinance of the Lexington-Fayette Urban County Government authorizing and providing for the issuance of 35,800, $35,805,000 principal amount of taxable sewer system revenue bonds series 2009 Build America Bonds direct pay dated the date of delivery, subject to plus or minus 10% adjustment as to the principal amo- upon the sale thereof for the purpose of financing a major capital expenditure program for the construction of sanitary sewer facilities. Setting forth the terms and conditions upon which said series 2009 bonds are to be issued and outstanding, making certain amendments to ordinance number 96-2001, adopted on May 3rd, 2001 and related, relating to the Urban County Government Sewer System Refunding Revenue Bond Series A and B of 2001 and taking other related action. Number 12, an ordinance authorizing the issuance of up to $4,065,000 of cultural revenue re- and recreational revenue bonds series 2009 Anchor Baptist Church Incorporated Project for, of the Lexington-Fayette Urban County Government. The proceeds of which shall be loaned to Anchor Baptist Church Incorporated to finance the cost of refunding the Lexington-Fayette Urban County Government adjustable rate demand industrial building revenue bonds series 2007... Series 2007, including penalties and or premium, the proceeds of which were used to construct, install, acquire, renovate and equip certain capital improvements to the facilities of Anchor Baptist Church Incorporated, providing for the pledge of revenues for the payment of such bonds in authorizing the bond purchase and loan agreement, appropriating, appropriate for the protection and disposition of such revenues and to further secure bonds, such bonds... Let me check something real quick here. Sorry. And to further secure such bonds, recognizing bonds as qualified tax-exempt obligations under IRC Section 265B3G, subsection I and, or one and two, and authorizing other actions in connection with the issuance of such bonds. Number 13, an ordinance removing certain properties on the following streets from the partial urban services district number three for the Urban County Government, for the provisions of garbage and refuse collection. Guest property, Childsburg Unit 2H Castlebridge Lane, guest property Childsburg Unit 2A Muldoon Drive, guest property Childsburg Unit 2A Ruby Lane, guest property Childsburg Unit 2B CastleBridge Lane, guest property Childsburg Unit 2B Thaddeus Court, guest property Childsburg Unit 2C Durning Drive, Durning Road, establishing and policing those properties in the General Ser- Urban Services District Two for police and fire protection and providing that future garbage and refuse collection service by the Urban County Government is subject to request by said properties pursuant to notes on the final record plats of guest property Childsburg Units 2A, 2B and 2C and compliance with the Urban County Government procedures for expansion of urban services, all effective January 1, 2010. Number 14, an ordinance submitting certain of the budgets of the likes of Fayette Urban County Government to reflect current requirements for municipal expenditures and appropriating and reappropriting funds schedule FY 2009, schedule number 167. Number 15, an ordinance amending certain of the budgets of the likes of Fayette Urban County Government to require, to reflect current requirements for municipal expenditures and appropriating and reappropriating funds schedule number 68. Number 16, an ordinance authorizing and directing the mayor on behalf of the Urban County Government to accept a grant from the US Department of Justice, which grant funds are in the amount of $441,600 federal funds under the 2009 Recovery Act Edward Byrne Memorial Com- Competitive Grant Program, hiring of civilian law enforcement support personnel are for the election of redeployment project. For the Division of Police, the acceptance of which does not obligate the Urban County Government for the expenditure of funds, appropriating funds pursuant to schedule number 69 and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 17, an ordinance authorizing and directing the mayor on behalf of the Urban County Government- To accept the grant from the U.S. Department of Justice Office of -- on Violence Against Women, which grant funds are in the amount of $400,000 federal funds from the Grants to Encourage Arrest Policies and Enforcement of Protection Orders program, are for c- continuation of a project designed to hold perpetrators of domestic violence accountable for their a- actions through investigation, arrest, and prosecution, the acceptance of which does not obligate the Irwin County government for the expenditure of funds, appropriating funds pursuant to Schedule number 70. Okay. And authorizing the mayor to transfer unencumbered funds within the grant budget, and authorizing and directing the mayor to execute subrecipient writ agreements with Bluegrass Domestic Violence Program, $52,000, Bluegrass Rape Crisis Center, $8,000, Legal Aid of the Bluegrass, $5,000, Kentucky Probation and Parole, $6,000, University of Kentucky Center on Drug and Alcohol Research, $4,000, and Fayette Cou- County Domestic Violence Prevention Board, $10,000. Thank you very much. Councilmember James, I understand you have a motion? I do. Um, talking about the Lyric motion? Right. Um, Councilmembers, you received, um, a memo from Chet Raybould earlier today, um, regarding the Lyric Theatre and Cultural Arts Center Board. Um, this is not the first time you're seeing this. This was included in, um, the information, the Lyric presentation, and this has just been worked on, um, the formation, um, law department constructing the board on behalf, um, of the Council preparing this for us. Um, so you should have that in front of you. If you don't, please, um, I guess raise your hand and we'll make y- sure you get a copy. Um, so I have a motion. Um, I move to place on the docket under first reading of ordinances an ordinance creating the Lyric Theatre and Cultural Arts Center Corporation. Second. I have a motion by Councilmember James and a second by Councilmember Lane to add that item to the docket. Is there any discussion for first reading? Yes, Councilmember James. I just, um, a couple of points of discussion. I've spoken with a couple of council members about this. Um, wha- n- notice, um, the two designees, um, mayor or designee and First District Council representative are denoted as being ex officio. They are voting, however. It is not a non-voting ex officio. So I thought that was significant, and that was something that we talked about is we did wanna have voting roles for those two members. Thank you. Any further discussion? Those then in favor of adding that item to the docket for first reading, please indicate by saying aye. Aye. Opposed, no. Motion carries. Madam Clerk. Ordinance number 18. An ordinance enacting Article 21 of Chapter 2 of the Code of Ordinances to authorize the organization of a nonprofit Kentucky corporation to be called the Lyric Theatre and Cultural Arts Center Corporation for the purpose of overseeing the management of and programming for the Lyric Theatre and any and all other appropriate purposes, providing that the corporation shall consist of 15 appointed members and shall have all the powers conferred upon a corporation organized under Chapter 273 of the Kentucky Revised Statutes dealing with non-stock, nonprofit corporations, including all powers necessary and proper to fulfill and further the purpose of said corporation, authorizing the mayor or his designees to serve as incorporators and authorizing the submission of a application for tax exempt status to the Internal Revenue Service. Thank you. Are there any motions with regard to those items? Councilmember James. Mayor, in order, um, to expedite this, and since this was something that we as a council had already, um, talked about, um, I wonder if I can make a motion to get a second reading on this tonight. Second. I have a motion and second to suspend the rules for purposes of giving second reading to ordinance number 18, I believe. Is there, um, any discussion? Those in favor then of suspending the rules to give s- second reading to that ordinance, please indicate by saying aye. Aye. Opposed, no. No. All right. Let's, uh, vote. Those in favor of suspending the rules to give second reading to that ordinance, please indicate by v- uh, voting aye electronically. Those opposed, vote nay electronically. This will require, uh, t- two-thirds of those present. Motion fails. Um, Madam Clerk, would you please give second reading to the resolutions entitled a second reading? Resolution number one, a resolution accepting the bid of Smith Services Incorporated establishing a price contract for switchgear maintenance for the Division of Water Quality. Number two, a resolution accepting the bid of Strasser Construction Incorporated in the amount of $110,160 for asphalt emulsion slurry seal for the Division of Streets, Roads, and Forestry. Number three, a resolution accepting the bid of Pavement Technology Incorporated in the amount of $165,000 for asphalt surface maintenance with asphalt rejuvenated agent with, for the Division of Streets, Roads, and Forestry. Number four, a resolution accepting the bid of C&R Asphalt LLC in the amount of $93,000 for the 2009 crack sealing project for the Division of Streets, Roads, and Forestry. And there's a motion on number five. Mayor, I have a motion on number five. All right. Councilmember Gordon. Uh, yes. I move to remove, uh, Linda Rumpke, Commissioner of Finance and Administration, from the resolution. Second. I have a motion and second to remove Ms. Rumpke from the list. Any discussion? All in favor, please say aye. Aye. Opposed, no. Motion carries. Madam Clerk. Did Mr. Lane-- who, who seconded that motion? Mr. Lane did. Okay. Thank you. Resolution number five, as amended. A resolution ratifying the probationary civil service appointments of Crystal Clay, Administrative Specialist Senior, grade 112N, 21.583 hourly in the Division of Environmental Policy, effective September 21, 2009. John Shid Paradin, Director of Facilities and Fleet Management, grade 123E, $3,960 bi-weekly in the Division of Facilities and Fleet Management, effective August 31, 2009. Mario Cheek, Telecommunicator Senior, grade 113N, 16.660 hourly in the Division of Emergency Management 911, effective September 28, 2009. Jason Million, a Maintenance Mechanic, grade 113N, 16.660 hourly in the Division of Water Quality, effective September 28, 2009. Joyce Thomas, Administrative Officer Senior, grade 120E, 3019.92 bi-weekly in the Department of Socia- General Services, effective Octo- October 19, 2009. Ratifying the probationary Community Corrections Officer Appointments of Justin Auten, Carl Bush, Joe Clark, Jare- Jamie Conover, Tabatha Davidson, Richard Franz, Toby Hayden, Steve Hess, Michael Hill Junior, Douglas Holloway, James Holloway, Brandon Horseman, Eli Johnston, Bernie- Benny Jones Junior, Jabari Jones, James Keel, Dennis Lojeski, Jennifer Maxwell, Christy McCoy, Kristen Mitchell, Thomas Niehaus, Samis- Sam Norris, Michael Tolson, Ronald Willis, Virginia Cox, Ronald Nonamaker, William Rarick, S- William Smedley, Jared Stump, Ryan Oiler, Chelsey Woodram, Community Corrections Officer, grade 110N, 14.340 hourly in the Division of Community Corrections, effective September 28, 2009. Approving the unclass- approving the unclassified civil service appointment, uh, to the Office of the Urban County Council of Robert Clue, aide to council, grade 000E, 2038.40 bi-weekly in the Office of the Urban County Council, effective August 31, 2009. Number six, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a cr- contract with Kentucky Utilities Company for outdoor lighting service at a cost not to exceed $2,603.04. Number seven, a resolution authorizing and directing the mayor on behalf of the Urban County Government to accept a donation from Friends of the Lexington Mounted Police Incorporated of conference registration and lodging for use at the 2009 North American Police Equestrian Championship at no cu- cost to the Urban County Government. Number eight, a resolution amending resolution number 440 2009, which accepted and adopted the financial audit report pre- prepared by Blue Yann Company, LLC for the audit of the Family Care Center Health Clinic to cor- correct the period of time appro- covered by the a- audit. Number nine, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an agreement with the Fayette County Commonwealth Attorney's Office for a fast track prosecutor for the Street Sales Enforcement Project at a cost not to exceed $51,664. Number ten, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute and submit a grant application to the Kentucky Division of Emergency Management and to provide any additional information requested in connection with this grant application, which grant funds are in the amount of $216,048.75 federal funds and $322,567.80 Commonwealth of Kentucky funds and are for the acquisition and demolition of 14 residential properties in the Lafayette Parkway South Bend Lone O- Lone Oak area. Number 11, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute agreements with Chrysalis House $950, North Limestone Neighborhood Association Incorporated $1,000, and Joyland Neighborhood Association $550 for the Office of the Urban County Council at a cost not to exceed the sums stated. Number 12, a resolution authorizing of th- the Division of Human Resources to internally advertise for an administrative specialist senior in the Division of Building Inspection. Number 13, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a purchaser service agreement with Simon and Com- Company Incorporated for services related to federal matters and funding as further provided in the 2009 through '10 work plan at a cost not to exceed $39,000. Number 14, a resolution hau- initiating a zone change text amendment for the Planning Commission consideration and recommendation to amend article 17-6 of the zoning ordinance to allow for limited temporary signs in the rights of way of residential neighborhoods. Number 15, a resolution amending section two of resolution number 284, 2009, which authorized and directed the mayor to sh- execute certificate s- consideration and other necessary documents for property interests needed for the Sugar Mill Mitigation Project at a cost not to exceed $411,520 to increase the cost by $4,000 for a total of $415,520. Number 16, a resolution ratifying, excuse me, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a renewal to the annual program management services agreement with Tetra Tech Incorporated for the continuance- continued per- performance of services related to the EPA consent decree and authorizing initial payments of funds in an amount not to exceed $1,440,000 and any further payments pursuant to the terms of the agreement. Number 17, a resolution specifying the attention of the Urban County Council to expand and extend the full urban services district number one to the provide street lighting, street cleaning, and garbage and refuse collection, finding a need for these services in the area included, finding the ability of the Urban County Government to provide these services in the area which areas defined as certain properties on the following street: Milliken Property, Shady Hills, Treeline Way, Tuscany Unit 4A Summerfield, Meeting Street, Hatch & Wilkes Drive, Tuscany Unit 4B Summerfield, Sandhurst Cove, Battery Street, Patchin Wilks Drive, Tuscany Unit 4C Summerfield, Battery Street, Mahon Property Lot 1, Ma- Mooncoin Way, Tuscany Unit 4E Summerfield, Patchin Wilks Drive, Newtown Springs LLC Unit One Section Two, Newtown Center Way, Beaumont Farm Unit One Section Five, Beaumont Center Circle, Midnight Pass, Sharkey Property Unit Four Section One, Louis Place, Whale- Wile- ... and Baker Property, Russell Cave Road, Richardson Property, Unit Five, Section Two, Hannah Todd Place, Bluegrass Aspendale Phase Three, Ray Street, Fourth Street, Cunningham Lane, Julia Way, Sharpshire Avenue, Fifth Street, Nelson Avenue, Mustang Crossing Drive, Lochmere Estates, Maple Ridge, Unit 1B, Section One, Lochmere Place, Guest Property Unit Five C, Section Two, Honeycomb Trail, Guest Property Unit Five B, Section Two, Marlbor-- Marlberry Place, Guest Property Unit Five E, Section Two, Maiden Cane Drive, New Market Unit Four B, Brickhouse Lane, Mahon Property Unit One B, Man O War Boulevard, Spencer Park, Parker Meadows, Madison Point Drive, Mahon Property Unit One C, Parker Meadows, Victoria Way, Madison Point Drive, Greendale Hills Unit Three, Merlina Drive, Cris- Cris- Criscienzo Road, Cielo Vista Road, Guest Property Unit Eleven A, Larkhill Lane, Marcus Te-Trail, Blue Rush Trace, Sunnyslope Farm Unit Three, Phase Two Silverbell Trace, Kelly Rose Way, Tuscany Unit Four F, Summerfield, Sandhurst Cove, Calumet Terrace Subdivision, Lot A and Nine, Volley Road, Blackford Property Phase Three, Unit One, Section Two, Blackford Parkway, Blackford Property Unit- Property Phase Three, Unit One B, Section Two, Cornelius Trace, uh, Blackford Property. Number eighteen. A resolution specifying the intention of the Irvin County Council to expand and extend partial urban services district number three to provide garbage and refuse collection, finding a need for the service in the area included, finding the ability to the Irwin County Government to provide these services- service- this service in this area, which areas defined as properties on the following streets: Sharkey Property Unit Three, Section Two, Town Square Park, Meadow Oaks, Ashford Oaks, Unit One B, Section One, Bobwhite Trail, Marshall Property Unit Two I, Section One, McConnell's Trace, Bruce Properties, Corinthian Court, Lochmere Estates, Maple Ridge Unit One B, Section Two, Lochmere Place, Denton Farms Uni- Incorporated Unit Three, Section A, Summerslee Place, Wentworth Place, Sunnyslope Farm Townhomes, Silverbell Trace, Lochmere Estates, Maple Ridge Unit One A, Lochmere Place, Marshall Property Unit Ti- Two I, Section Two, McConnell's Trace, Hamburg Place Farms, Sir Barton Way. Thank you. That concludes the reading of the resolutions entitled "A Second Reading." Is there a motion to approve? Move approval. Second. Councilmember Gordon has moved the adoption of those resolutions. Councilmember Hinson has seconded that motion. I- Is there any discussion? Seeing none, we'll proceed to vote. Those in favor of approving those resolutions, please indicate by voting "I" electronically. Those opposed, vote "Nay" electronically. And Madam Clerk, please call the roll. Ms. James. Yes. Mr. Lane. Yes. Ms. Slawless. Yes. Mr. Martin. Yes. Mr. McCord. Yes. Mr. Myers. Yes. Mr. Stennett. Mr. Blues. Yes. Miss Crosby. Yes. Mr. Ellinger. Yes. Miss Feigel. Yes. Miss Gorton. I. And Mr. Hinson. Yes. Thank you. Those ordinances are approved. That takes us down to the reading of- for the resolutions entitled "A First Reading." Madam Clerk. Resolution number nineteen. A resolution accepting the bid of Tennis Technology in the amount of $140,550 for the Shillito Park tennis court renovation for the Division of Parks and Recreation and authorizing and directing the mayor on behalf of the Irwin County government to execute an agreement with Tennis Technology related to the bid. Number twenty, a resolution accepting the bid of Wayne Supply, establishing a price contract for greater rental for the Division of Streets, Roads and Forestry. Twenty-one, a resolution accepting the bid of American Messaging Services LLC, establishing a price contract for pager rental for the Division of Streets, Roads and Forestry. Number twenty-two, a resolution accepting the bid of R- R&B Cleaning Services, establishing a price contract for custodial services day treatment center for the Division of Facilities and Fleet Management. Number twenty-three, a resolution authorizing and directing the mayor on behalf of the Irwin County government to accept a donation from the Citizen Police Academy Association and the Bluegrass Crime Stoppers of a Scotsman ice machine for use at the police training center at no cost to the Irwin County government. Number twenty-four, a resolution authorizing and directing the mayor on behalf of the Irwin County government to accept a donation from Kentucky Division- Kentucky's Division of Emergency Management of backboards and shelter tents for use at the Division of Fire and Emergency Services at a- no cost to the Irwin County government. Number twenty-five, a resolution authorizing and directing the mayor on behalf of the Irwin County government to execute an authorization for access with T-Mobile USA Incorporated for access of- to Kirklevington Park at no cost to the Irwin County government. Twenty-six, a resolution authorizing and directing the mayor on behalf of the Irwin County government to execute an agreement with the Hyatt Regency Lexington for Bluegrass Invitational Wheelchair Basketball Tournament at a cost not to exceed $2700. Twenty-seven, a resolution authorizing and directing the mayor on behalf of the Irwin County government to execute and submit a brownsfields- brownfields assessment grant application to the Environmental Protection Agency and to provide any additional information requested in connection with this grant application, which grant funds are in the amount of $400,000 federal funds and are for assessment of hazard- hazardous substance si-sites and petroleum contaminated sites. Twenty-eight, a resolution authorizing and directing the mayor on behalf of the Irwin County government to execute an amendment to agreement with the Kentucky Office of Homeland Security for modification of the Metropolitan Medical Response Systems Project- ... to permit the use of $10,000 for a media campaign to prepare the community for the H1N1 flu season. 29, a resolution approving the grant of an inducement to Florida Tile Incorporated pursuant to the Kentucky Business Investment Act created by House Bill 3 of the 2009 extraordinary legis- legislative session, whereby Lexington-Fayette Urban County Government agrees to forego the collection of one percent of the occupational license fees that would otherwise be due to it, which shall be retained by Florida Tile Incorporated for a term of not longer than 10 years from the activation date established by the Bl- Kentucky Bluegrass Re- ... Kentucky Bluegrass Investment Program, subject to the limitations contained in the Kentucky Bl- Business Investment Act and any agreement Florida Tile Incorporated has with the Kentucky Economic Development Finance Authority related to the project and taking other related action. Number 30, a resolution authorizing and directing the mayor on behalf of the urban county government to execute certificates of consideration and accept deeds conveying greenway parcels for property located at the Blackford Property subdivision at no cost to the urban county government. 31, a resolution authorizing and directing the mayor on behalf of the urban county government to execute certificate of consideration and accepted deed conveying fee simple right of way and temporary construction easement from Charles Ho Hockensmith and Charles Parker Hockensmith for the property located at 3565 Clays Mill Road for the Clays Mill Road improvement project, and authorizing payment in the amount of $27,000 plus usual and appropriate closing costs. 32, a resolution authorizing and directing the mayor on behalf of the urban county government to execute agreements with Constitution Cheerleading Te- Team Incorporated, $350, Friends of McConnell Springs, $525, and Bluegrass Greenworks Incorporated, $700, for the Office of the Urban County Council at a cost not to exceed the sums stated. Number 33, there's a motion. Uhm, Coun- Councilmember Henson. Thank you, Mayor. I move to amend Item 33. Sorry. I move to amend Item number 33 under the first reading of resolutions to delete the approval of a 90-day council leave for Ardana Angel, telecommunicator senior, grade 113N in the Division of Emergency Management 911. This leave has been previously approved by council. Second. I have a motion by Councilmember Henson and a second by Councilmember Gordon to, uh, amend Item 33 to delete the approval of the leave for Ms. Angel. Any discussion? All in favor, please say aye. Aye. Opposed, no. Motion carries. Madam Clerk. Resolution number 33 as amended. A resolution ratifying the probationary civil service appointments of Charles Napier, security guard, grade 106N, 14.765 hourly in the Department of General Services, effective September 29, 2009. Tracy Thurman, administrative officer, grade 118E, $2,353.36 biweekly in the Department of General Services, effective October 5th, 2009. Ricky Caldwell, administrative officer, grade 118E, 2,867.84 biweekly in the Department of General Services, effective September 28, 2009. Shani McFarland, social worker, grade 111E, 1,529.44 biweekly in the Division of Youth Services, effective September 28, 2009. Ben Turpin, d- deputy director of building maintenance, grade 121E, 3059.92 biweekly in the Division of Facilities and Fleet Management, effective September 14, 2009. Approving the unclassified civil service appointments of Bonita Hall, administrative specialist principal, grade 114E, 1749.60 biweekly in the Division of Water Quality, effective September 21, 2009. Tammy Bullock, Halori Morgan, Joyce Provus, Elizabeth Irwin, administrative specialists, grade 110N, 16.543 hourly in the Division of Water Quality, effective September 21, 2009. Number 34, a resolution authorizing and directing the mayor on behalf of the urban county government to execute a facility usage agreement or, excuse me, facility usage contract with the Fayette County Board of Education for the Kiddie Capers program at a cost not to exceed $837.25. 35, a resolution authorizing and directing the mayor on behalf of the urban county government to accept the donation from Cr- Cricket Communication Incorporated to repair and refurbish the Valley Park tennis courts in exchange for two-year naming rights to, for the tennis courts in Cricket's name, pursuant to the Division of Parks and Recreation naming policy. 36, a resolution authorizing of the, uh, resolution of the Lexington-Fayette Urban County Government authorizing the sewer re- revenue funding, excuse me, sewer revenue bond financing of, one, a capital expenditures program for the financing of additions, extensions, and improvements to the sanitary sewer system of the Lexington-Fayette Urban County Government, two, funding necessary reserves- Move approve. ... and providing for costs of issuance and underwriting discount with respect to such bonds, and, three, stating the reasonable expectation of the urban county government to reimburse itself for capital expenditures made in respect of such capital expenditure program prior to its issuance of sewer revenue bonds. Number 37, a resolution authorizing and directing the mayor on behalf of the urban county government to execute a statement of work consulting services agreement with ACL Services Limited, the sole source provider for software and programming consulting services data ma- data mining for the Office of Internal Audit at a cost not to exceed $51,837 and other related expenses provided for in the agreement. 38, a resolution authori- accepting the proposal of PRA Government Services LLC, doing business as RDS, to provide tax revenue discovery and recovery services and authorizing and directing the mayor on behalf of the urban county government to execute a revenue enhancement agreement with the PRA Government Services LLC, doing business as RDS, for performance of such services at a cost based upon a contingency fee on amounts collected pursuant to the agreement at a rate not to exceed 35%. ... 39, a resolution authorizing and directing the me -- Department of Law to institute a declaration of rights action against the Lexington Herald-Leader to determine the legality of the rights -- the rates being charged by the Lexington Herald-Leader for statutorily required publishing and to seek any other appropriate leaf -- relief. Number 40, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an agreement with the Kentucky State Police for the transfer of equipment purchase with federal funds to the state police for responding to IED incidents at no cost to the Urban County Government. Number 41, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an agreement with the Kentucky State Police for the transfer of equipment purchased with federal funds to the state police for bomb squad training at no cost to the Urban County Government. 42, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an agreement with the Commonwealth of Kentucky for distribution of the assets of Fayette County Legal Aid Incorporated. 42 -- 43, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a special construction agreement with AT&T Southeast for the relocation of overhead facilities to underground for the South Limestone Streetscape Project at a cost not to exceed $9,755. 44, resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a definitive relocation agreement with Kentucky Utilities for relocation of overhead facilities to underground for the South Limestone Streetscape Project at a cost not to exceed $1,252,727. Number 45, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute change order number two to the contract with Central Rock Mineral Company, LLC, ATS Construction for the Loudoun Avenue improvements project, increasing the contract price by the sum of $155,718.96 from $4,960,042.36 to $5,115,776 -- 761.32. 46, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute change order number two to the contract with Herrick Company Incorporated for Town Branch wastewater treatment plant chlorination equipment replacement, increasing the contract price by the sum of $15,200 from $258,343 to $273,543. Number 47, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute change order number one of the contract with Dixon Electric for Town Branch wastewater treatment plant primary affluent pump station emergency generator, decreasing the contract price by the sum of $95.42 from $360,656 to $360,560.58. Number 48, a resolution requiring prior approval by the Urban County Council of the location of any additional radio towers that are erected as part of the ni -- E911 radio system upgrade and/or replacement. Number 49, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an agreement with the Lexington Opera Society Incorporated, $475 for the office of the Urban County Council at a cost not to exceed the sum stated. Number 50, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a memorandum of understanding with the Lexington-Fayette Housing Authority for construction of an entrance sign for the Equestrian View neighborhood as a part of the Bluegrass Espindell Hope Six Project at no cost to the Urban County Government. Number 51, a resolution res -- authorizing and directing the mayor on behalf of the Urban County Government to execute certificate of consideration to accept a deed for the property located at 529 East 3rd Street from Faith Community Housing Foundation Incorporated, and to transfer the property to the Lexington-Fayette County Housing Authority for the Hope Six Project and authorize the payment in the amount of $16,000 plus usual and appropriate closing costs. 52, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute certificate of consi -- certificates of consideration and other necessary documents for property interests needed for the Rookwood Parkway Storm Water Improvement Project at a cost not to exceed $3,500. 53, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a certificate of consideration and accept a deed conveying a greenway from Ball Bryant, LLC, for property located at 65 -- 6500 Man O' War Boulevard in the Blackford Property Subdivision at no cost to the Urban County Government. And number 54, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a partial release of easement releasing a portion of the sanitary sewer easement on property located at 149 Old Town Ar -- Walk. Thank you very much. Council Member Wallace. Thank you, Mayor. Uh, I move to place on the docket for, uh, tonight, Thursday, October 1st, 2009, council meeting, a resolution authorizing the acceptance of a donation in the amount of $750,000 from Fifth Third Bank through the Downtown Lexington Corporation Foundation, um, for the naming rights to the pavilion located at Cheapside Park. So moved. Second. I have a m -- a motion by Council Member, uh, Wallace and a second by Council Member Blues to add that, uh, item to the docket for second readi -- first reading. Is there any discussion? Council Member Martin? Thank you, Mayor. I just wanted, uh, uh, be the first of, of many, I'm sure, to really extend our sincere thanks to Fifth Third Bank. This is just an incredible thing they've done, and just, just well done. Thanks. Council Member Feig. Thank you, Mayor. I certainly don't want to seem ungrateful, but at the same time, I just heard about this yesterday, and I, or maybe it was this morning, and, uh, and I think it's a very generous offer. But if we are going to allow naming rights on, on, um, uh, buildings or anything in Fayette County, I just wanna find out if, in fact, we have some guidelines to go by, um, and, you know, whether or not this is- ... information that was given out to the entire public to see if anybody else was interested in naming rights. I do- I don't know that that has not occurred, but it was just, uh, I hadn't heard anything about it prior to today, I guess. Tuesday. Tuesday? Mm-hmm. Okay. And so I just wondered if that information had been, uh, given out to the public, that opportunity. Well, there is a process in place for, uh, folks in parks and the Parks Advisory Board, if I recall correctly, to review proposals for naming rights, and that has transpired. Um, I think Council Member Gorton was a part of that, maybe others who can speak to the details of, of, um, what was considered and how that transpired. Um- Uh, thank you, Mayor. Um, yes. Uh, Parks Advisory Board did follow the procedure outlined in the naming rights procedure which the council has approved for parks. Cheapside is a park, and so it fell under the guidelines of parks and naming rights, and when we did accept it, we did so without knowing who the donor was, because, uh, at that time the donor wanted to remain anonymous until they knew that it had the Parks Board approval and could move forward. So the Parks Board then has approved this? Well, yes, and the Parks Advisory Board is the first step- Okay. ... in the process. Okay. Thank you. And if I recall the process correctly, this is the second and last step. So, um, any further discussion of that item? Th- the motion is to, um, place resolution on the docket accepting the donation from, uh, Fifth Third Bank. All those in favor of adding the item to the docket, please indicate by saying aye. Aye. Opposed, no. Motion carries. Uh, Madam Clerk- May- Would you give first reading to that? Mayor, I have another- All right. ... one I want to do. We'll do them both at the same time. Council Member McCord? Thank you. I, I just wanted to walk on a resolution authorizing and directing the mayor on behalf of the Urban County government to execute agreements with the Willow Oak Neighborhood Association for $500 for the Office of the Urban County Council at no cost to exceed the sum stated. So moved. Second. Uh, I have a motion by Council Member McCord, second by Council Member Henson, to add that item to the docket for first reading. Any discussion? All in favor, please say aye. Aye. Opposed, no. Motion carries. Uh, unless there are other motions, Madam Clerk, if you'd give first reading to items 55 and 56. We're gonna need, uh, some verbiage on that Mr. McCord's, Council Member McCord's motion before we can. I think verbiage is on its way. Okay. Resolution number 55, a resolution authorizing the acceptance of a donation in the amount of $750,000 from Fifth Third Bank through the Downtown Lexington Corporation Fund Foundation for the naming rights to the pavilion located at Cheapside Park for a term of 15 years and designated in four locations on the pavilion pursuant to the proposed naming policy for Lexington Parks and Recreation and providing that the donor shall have the right to use the pavilion at least five times per year specif- for a specified term. And number 56, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an, an agreement with Willow Oak Neighborhood Association for $500 for the Office of the Urban County Coun- Office of the Urban County Council at a cost not to exceed the sum stated. Thank you, Madam Clerk. Council Member Blues. Thank you, Mayor. Uh, for purposes of giving, uh, second readings to number 27, 28, and 42 at the request of the administration, I move to suspend the rules. So moved. Do I hear a second? Second. Second. I have a second by Council Member Lawless. Are there others that we might include? Council Member James? Thank you, Mayor. Um, I've been asked, and I do support, um, a request for a second reading on items 50 and 51. These are the ones that we just recently talked about related to the Bluegrass Spindel, um, entrance sign and transferring of that property. So they need that before, um, Parade of Homes event that's coming up. So I'm, I request a second read on items 50 and 51. We'll add that to the motion. Gracias. Council Member McCord, understand you have a couple? Yes. Uh, number 19, uh, which, uh, for Shilto Park, uh, the, the tennis court resurfacing, so we'll m- won't miss this construction season. Number 31, uh, is for Clays Mill Road, which, again, is, uh, in process, and this is something that we've been waiting on for a while to get finished. Uh, number 32 and number 56 are the NDF requests, uh, both of which have been, uh, delayed until today, and we wanna move those along. And 40 and 41, those are for the police, and, uh, there's a time-sensitive matter on, on receiving those. Thank you. Council Member Myers. Thank you, Mayor. Uh, number 39, so that, uh, that can just proceed forward. Thank you. Are there others? Council Member Wayne. Uh, thank you, Mayor. Item, uh, number 30, uh, this matter has been pending in our legal department since 2007 'cause of some kind of legal issue, and the deed can now be conveyed, and I'd like to expedite that. And item number 37, um, this is, uh, for a amount that's already been budgeted for the, uh, internal audit department's, uh, new software, and they'd like to get that as soon as possible. I'd like to, uh, get a second read on both. Thank you. Thank you. Others? Okay. All right. Diane. Sorry. Thank you, Mayor. Um, number 55. Any others? Council Member James? Uh, Mayor, I forgot to add number 45. This is the Loudon Avenue project, and we all want to be done with that. All right, at the moment... Council Member Martin? I just want to second those. All right. All right. Cool. Thank you. Council Member Myers. I'm sorry, one more. Number 48, please. We can't do... All right. All right. I currently have a motion to suspend the rules for purposes of giving second reading to the following resolutions, 19, 27, 28, 30, 31, 32, 37, 39, 40, 41, 42, 45, 46, 50, 51, 55, and 56. Were there any that I missed? 40. All right. And number 48. Um, actually, it's non-debatable. Motion to suspend the rules is non-debatable. So, um, is there- Point of, point of information. Okay. Can one vote selectively? Yes. Yes. Thank you. All right. Those in favor of, uh, suspending the rules to give second reading to these items, w- please indicate by saying, "Aye." Aye. Opposed, no. Motion carries. All right. I, I vote no on number 39. All right. I also vote no on 39. All right. I, I also wanted to vote no on 39. All right. Let's, let's, um... Let me see. Does anyone else wish to vote on a particular item? The chair rules that all of the others except number 39, the motion is approved, and let me count, uh, the number of votes here. Let's have a show of hands. Those in favor of suspending the rules on number 39, please indicate by voting yes electronically. Those opposed, vote nay electronically. That's the simplest way, I think. This is just to suspend the rules on number 39. Okay. All right. Let's see a show of hands. If you wish to suspend the rules for purposes of giving second reading to number 39, please raise your hand. One, two, three, four, five, six, seven. Seven voting yes. Those opposed, one, two, three, four, five, six. The motion with regard to number 39 fails. Madam Clerk, would you give second reading to those, um, that have been, uh, granted second reading? Resolution number 19. For second reading, resolution number 19, a resolution accepting the bid of Tennis Technology in the amount of $140,550 for the Shellito Park tennis court renovation for the Division of Parks and Recreation and authorizing and directing the mayor on behalf of the Urban County Government to execute an agreement with Tennis Technology related to the bid number. 27, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute and submit a brownfields assessment of grant application with the Environmental Protection Agency and to provide any additional information requested in connection with this grant application, which grant funds are in the amount of $400,000 federal funds and are for assessment of hazardous substance sites and petroleum contaminated sites. 28, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an amendment to agreement with the Kentucky Office of Homeland Security for modification of the Metropolitan Medical Response Systems Project to permit the use of $10,000 for a ca- media campaign to prepare the community for the H1N1 flu season. Number 30, a res- ... a resolution authorizing and directing the mayor on behalf of the Irwin County Government to execute certificates of consideration and accept deeds of conveying cur-- greenway parcels for property located in the Blackford Property Subdivision at no cost to the Irwin County Government. Number 31, a resolution authorizing and directing the mayor on behalf of the Irwin County Government to execute a certificate of consideration and accept a deed conveying fee simple right of way and a temporary construction easement with Charles Hoag Hockensmith and Charles Parker Hockensmith for the property located at 3565 Clays Mill Road for the Clays Mill Road Improvement Project and authorize the payment in the amount of $27,000 plus usual and appropriate closing costs. Number 32, a resolution authorizing and directing the mayor on behalf of the Irwin County Government to execute an agreement with Constitution Cheerleading Team Incorporated $350, Friends of McConnell Springs, $525, and Bluegrass Greenworks Incorporated, $700 for the Office of the Irwin County Council at a cost not to exceed the sums stated. Number 37, a resolution authorizing and directing the mayor on behalf of the Irwin County Government to execute a statement of work consulting services agreement with ACL Services Limited, a sole source provider for software and programming consulting services data mining for the Office of Internal Audit at a cost not to exceed $51,837 and other related expenses provided for in the agreement. Number 40, a resolution authorizing and directing the mayor on behalf of the Irwin County Government to execute an agreement with the Kentucky State Police for the transfer of equipment purchased with federal funds to the state police for responding to IED incidents at no cost to the Irwin County Government. 41, a resolution authorizing and directing the mayor on behalf of the Irwin County Government to execute an agreement with the Kentucky State Police for the transfer of equipment purchased with federal funds to the state police for bomb squad training at no cost to the Irwin County Government. 42, a resolution authorizing and directing the mayor on behalf of the Irwin County Government to execute an agreement with the Commonwealth of Kentucky for distribution of the assets of Fayette County Legal Aid Incorporated. 45, a resolution authorizing and directing the mayor on behalf of the Irwin County Government to execute change order number two of the contract with Central Rock Mineral Company, LLC, ATS Construction for the Loudoun Avenue Improvements Project, increasing the contract price by the sum of $155,718.96 from $4,960,042.36 to $5,115,761.32. Number 46, a resolution authorizing and directing the mayor on behalf of the Irwin County Government to execute change order number two to the contract with Herrick Company Incorporated for Town Branch Wastewater Treatment Plant chlorination equipment replacement, increasing the contract price by the sum of $15,200 from $258,343 to $273,543. Number 48, a resolution requiring prior approval by the Irwin County Council of the location of any additional radio towers that are erected as part of the E911 radio system upgrade and or replacement. Number 50, a resolution authorizing and directing the mayor on behalf of the Irwin County Government to execute a memorandum of understanding with the Lexington-Fayette County L- Lexington-Fayette Housing Authority for construction of an entrance sign for the Equestrian View Neighborhood as part of the Bluegrass Aspendell Hope Six Project at no cost to the Irwin County Government. Number 51, a resolution authorizing and directing the mayor on behalf of the Irwin County Government to execute a certificate of consideration and to accept a deed for the property located at 529 East Third Street from Faith Community Housing Foundation Incorporated and to transfer the property to the Lexington-Fayette County Housing Authority for the Hope Six Project and authorizing payment in the amount of $16,000 plus usual and appropriate closing costs. And number 55, a resolution authorizing a, the acceptance of a donation in the amount of $750,000 from Fifth Third Bank through the Downtown Lexington Corporation Foundation for the naming rights to the pavilion located at Cheapside Park for a term of 15 years and designated in four locations on the pavilion pursuant to the proposed naming policy for Lexington Parks and Recreation and providing that the donor shall have the right to use the pavilion at least five times per year as the, for the specified term. And number 56, a resolution authorizing and directing the mayor on behalf of the Irwin County Government to execute an agreement with Willow Oak Neighborhood Associ- Association, $500 for the Office of the Irwin County Council at a cost not to exceed the sums stated. Thank you. Is there a motion to approve those resolutions? So moved. So moved. Councilmember Crosby has moved the adoption of those resolutions and Councilmember Ellinger has seconded that motion. Is there any discussion? I see none, so we'll proceed to vote. Madam Clerk, if you'll set the, uh, voting machine. And members of the council, if you're in favor, please vote aye electronically. If you're opposed, vote nay electronically. And Madam Clerk, please call the roll. Ms. James. Yes. Mr. Lane. Yes. Ms. Lawless. Yes. Mr. Martin. Yes. Mr. McCord. Yes. Mr. Myers. Yes. Mr. Stennett. Abstain. Mr. Blues. Yes. Ms. Crosby. Yes. Mr. Ellinger. Yes. Ms. Figal. Yes. Ms. Gorton. Aye. And Ms. Henson. Yes. Thank you. Thank you. Those resolutions are unanimously approved. That takes us down to item eight on the agenda, which is a recommended appointment. Is there a motion to approve? So moved. Second. Have a motion by Councilmember Lane, second by Councilmember Crosby to approve that appointment. Any discussion? All in favor, please say aye. Aye. Opposed, no. The motion carries. I have one other, uh, item to mention, and that is a memo that, uh, I think Mr. Green put in your packets. We received a report from the library today, uh, this afternoon, and I wanted to pass that along to you. It's part of their annual report. Um, and I thought the council might find that to be of interest. Commander Gribbin, or Chief, I understand you have a disciplinary matter. Yes. Thank you, Mayor, members of the council. Have to, um- ... disciplinary matters, uh. Yeah. In the matter of firefighter Bryan Harris, employee number 42983. He was, uh, charged with being absent without leave for some 75 minutes without having contacted supervisors. Was a first-time offense and, uh, we recommended, uh, we recommend to you written reprimand. And the firefighter has signed, uh, his conformity with that decision. Move approval. Second. I have a motion by Council Member Gordon and a second by Council Member Crosby to approve the recommended discipline. Any discussion? All in favor, please say aye. Aye. Opposed, no. Motion carries. Takes us down to the last item. Oh, sorry, one other one. I'm sorry. One other one. Sorry, sir. In the matter of firefighter Kathy Duerson, employee number 37237. She was also charged with being absent without leave. Uh, she was actually nine hours and 30 minutes, uh, and this was due to a clerical error on her part, which she fully admitted. And, um, again, a first-time offense. The, uh, recommendation is for a written reprimand. And she has, uh, indicated her conformity with that decision. Move approval. Second. Council Member Blues has moved the approval of the recommended discipline. Council Member Gordon has seconded the motion. Any discussion? All in favor, please say aye. Aye. Opposed, no. Motion carries. Thank you very much. Thank you, Chief. Takes us down to the public comments section. I have three people who have been- Announcements. Excuse me, I overlooked the announcements. Uh, Council Member Crosby, then Council Member Lawless. I'll just, uh, I would just like to announce, I thought maybe Chief Hendricks might remind everybody that the Fire Prevention Parade is Monday night at 6:00 PM downtown. It's always a lot of fun for families. And I would just encourage everybody to come out and watch the Fire Prevention Parade. Thank you. Thank you. Council Member Lawless. Thank you, Mayor. Um, I want to comment on the Downtown Lexington Corporation Foundation and their tremendous efforts to, um, set up this foundation to help kick off the, this huge donation and for securing that. And if, uh, there are a couple of members from DLC here. Renee and Jessica, if you'd like to come up and just speak briefly about the press conference tomorrow and invite people, I'd appreciate it. And this is gonna give opportunity for lots of people to go through the foundation and make contributions to improvements of our downtown and I'm just so excited. Well, thank you. And there, there will be a formal press conference tomorrow morning at 10:00 AM at the Third Bank. That's 250 West Main Street on the fourth floor in their training facility. We hope that you can all make it if you can. Thanks. This is my first time to speak to council, and I'm honored that this is, these are the circumstances. Thank you very much for your help. Um, I look forward to making this city a much better place. It- it's already a fabulous place, but I have two children who came with me today to see how this all works, and the reason why I work for the DLC is because I truly believe in Lexington. So thank you very, very, very much. Thank you, Jessica. We appreciate your efforts. Thank you. I think DLC is one of our city's unsung heroes. Thank you. All right, any other announcements? Council Member McCord. Let me piggyback on that and, and congratulate Renee and Jessica for all your hard work on that. But also, I, you know, would be remiss if I didn't say that we have another event that's coming that, that you all have put an inordinate amount of work in. And i-as you've heard me talk about Second Sunday over and over and over from, from up here. Uh, Lexington is that gold standard and, and it really has been, uh, a large part due this year especially to Renee and Jessica and some of their efforts, uh, with their staff, Laura, and, and everybody, all the interns. I, I, I personally appreciate all that you all do and not just for an event like Second Sunday, but for situations like this. And a lot of times up, up here as we go through the budget process, people look at, uh, organizations and say, "Well, what's, what's the value where the taxpayer is getting out of that?" And I think that, um, tonight is a real credit to what you all do, but I personally know that there's a, a whole lot more than that, than just this. So thank you all very much. Thank you, Mayor. Thanks. Any other announcements? All right, now we're ready to move on to public comments. We have three people who have signed up to speak. First is, uh, Joe Gravis. Mr. Gravis, if you'll step to the podium you'll have three minutes. Thank you. Joe Gravis with South Limestone McDonald's. I want to thank the council first of all for coming down to South Limestone for our walking tour. Um, the majority of y'all were able to make it, uh, to see what the conditions were like. Uh, and we really appreciate your, your interest and effort, uh, in making that trip and talking to the business owners and hearing firsthand what's going on, uh, as a result of the South Limestone project and the impact that it's having on the businesses there. Uh, we were pretty unanimous that we're all going to be happy when it's over. Uh, but we'd like to see it sped up so that we can get it over with quicker because people are losing their jobs and their families are losing their life savings. I- I'd like to recount, uh, at my potential peril an interaction, uh, as a story, just that summarizes the frustration, uh, that we have and I think why a lot of people feel like they can't deal with City Hall, uh, and why I'm appealing directly to the council, uh, tonight. And that is an interaction, uh, that I had with the mayor this evening when we entered the room tonight and I shook his hand and asked how he was doing and he asked me what I was doing here. ... and I said, "Well, we just would like to get the project sped up..." And he laughs sarcastically and says, "Good luck." And proceeds to walk away. And as he's starting to turn, I point to Ms. Fortune from the Herald-Leader and said, "The press is right there." She was about 10 feet away. "Would you care to repeat that to the press?" And he says, "Go right ahead." And he scampered out of the room. And I don't think that's the appropriate way, Mr. Mayor, to deal with taxpaying citizens that have legitimate concerns about their government. Uh, and I would appreciate it if we could, um, work together in a more professional and civil manner to try to, uh, help people that are suffering, uh, with a $17 million project, uh, that only has one shift. And you will potentially hear from, uh, people within city government that, "Well, we can't go to two shifts because, uh, it's unsafe. There's underground work and we can't do that at night." We're not talking about that. That's almost over. We've already wasted all of that time of phase one and th- the streets are about to be closed up and we're getting to go in, beginning to go into phase two where we're gonna be pulling wires, uh, to, uh, start phase two and then phase three is all the sidewalk work. So this, this notion of men in unsafe conditions and open ditches, uh, is, is, will no longer be valid and that's not what we're requesting. We're requesting, uh, two shifts after the streets are closed up on phase one, which is nearing completion. I actually talked with Mayor Pam Miller today and she recalled a project many years ago in Lexington, uh, that, uh, underground work that went on for, uh, 24 hours. Mr. Gravis, your time has expired. Unless someone wishes to extend it- Excuse me, I'd like to expend the r- ex- suspend the rules and, uh, give Mr. Gravis two more minutes. Thank you. All right. I have a motion and a second to grant Mr. Gravis- Aye. ... an additional two minutes. All in favor, please say aye. Aye. Opposed, no? No. Motion carries. So we've done two and three shifts worth of work in downtown Lexington before in the past. Uh, and so we certainly don't want to put people in unsafe conditions, but if the streets are closed up, uh, I spoke with the utility company today for a second time and was told again for a second time that if the contract requires them to go to two shifts, they will assemble the manpower and the resources to do so because you're the customer and they're there to serve the customer. That's the second time I've heard that, uh, from the utility companies that, uh, it's not an issue. Uh, we went to the UK Hospital, uh, that is wo- being, having work done, uh, for, with three shifts and we asked, "Can you get a concrete truck down for five o'clock and is it an issue to get materials in the middle of the night?" And they said, "Absolutely not. We can get a concrete truck at 3:00 in the morning if we need it. And we're working, uh, three shifts no problem." And they're doing a great job there. We're requesting two shifts. You may hear that to request a, uh, uh, an addendum or an amendment to the contract to go to two shifts is gonna require further delay. They're gonna have to renegotiate the contract, all that. I have a copy of the contract here, and on page 00010-3, uh, item number eight, uh, extra work, it says, "The owner," which is you all, the City Council, "without invalidating the contract, may order extra work or make changes by altering, adding to, or deducting from the work, uh, the contract sum being adjusted accordingly. Uh, all such works shall be executed and paid for in accordance with the general conditions of this contract." So y- in your wisdom, you have a contract that already allows for change orders to happen on the fly and not have to go back and alter and further delay, which is the last thing that we want. So, uh, you've already, uh, we've already talked about public safety i- issues. God forbid, there's a medical or a fire emergency. We've already talked about inefficient use of tax dollars. We got a $17 million project with one shift, uh, and businesses that are closing, people that are leaving the area. Uh, we all agree it's gonna be great when it's finished, but we think it would be a lot more efficient if we could get p- people to work longer. We've got, what is it, 10 or 11% unemployment rate in Fayette County. Uh, the utility said it's no problem. Uh, they have men 80 feet in the air in buckets at 3:00 in the morning in driving rain turning on the heat for us in the middle of winter. So that's, that's not a problem. Uh- Mr. Gravis, your time has expired unless it's further extended to- I can wrap up in, in one minute. It's- Your time. So moved, one minute. I have a motion. Do I hear a second? Was that Council Member Crosby or James? All right, I have a motion and a second to extend Mr. Gravis's time by an additional minute. Um, all in favor, please say aye. Aye. All opposed, no. No. Motion carries. Thank you, Mr. Gravis. Thank you. The next person who's scheduled to speak is Mr. McCarthy. Your Honor and members of the council, I have many times over the past 23 years or s- or so, recommended that this government should adapt impact fees added to the price of every building permit, and that's regardless of whether it's residential, commercial, industrial, office, or whatever. Every trip has two ends and every, every one of those uses is one end or the other of, of quite a few trips being made. And we obviously need more revenue put into road building. The fact that you're blowing 17 million on redec- essentially redecorating a street without adding to its capacity only makes things worse. And I would contend that the vinyl box additions onto existing homes that a couple of neighborhood associations were down here complaining about at your two previous meetings should also be subject to impact fees. Maybe not quite as much as for adding a whole nother house to a lot, but I think they should be paying something toward expanding the infrastructure. The gripes over the traffic impact of packing more people into existing lots in their, on streets in their neighborhood demonstrate that packing people in more densely instead of letting them sprawl out doesn't keep growth from generating infrastructure problems. It just moves the location of those problems. I still believe you need to tax growth to make it pay for solving the problems it causes. And we d- while having limestone torn up and having somebody digging trenches in the middle of Broadway at the same time has definitely made things worse than usual, but we desperately need more road capacity in the middle of the city, especially if you're going to pack in more density. Thank you. Our last speaker on the list is Mr. Cobb. Mr. Cobb, if you'd step forward. Thank you, mayor. Uh, first, giving honor to the most high. I respect everybody on the council. I commend your courage for you wanna be on the council. Uh, I like the effort that y'all doing to change our city. The world is already coming up ... They are ... The world is already here in Lexington. I've met some of 'em and we're challenged to be the best we ever could possibly be. I wanna be the best that I possibly can. I appreciate the mayor, uh, for being so approachable. I seen him today, uh, press conference, and, um, it was like a two-minute interview. As I was walking with the mayor, I felt the pulse of the city, how I told him before, I'm the hope of thousands, but he's the hope of ten thousands. And when we got to the council door, as I opened the door for the mayor, seemed like a peace came over me and him 'cause I was talking real fast, he was moving fast. I knew he had to go take care of his business. I had to go take care of mine. But I gained a respect for him through that walk. The world is coming to Lexington, and we gotta be at our best. And we're challenged to love each other, to help each other. I want every council member to realize that other people are watching y'all, and it's incumbent of y'all to demonstrate a spirit of love for all people. I- I, I spoke to Tom Blues today, he, and, and he acted like he didn't even see me. I mean, I, I don't know if he heard me or not. I'm gonna give him the benefit of the doubt. When I see you again, I'm gonna speak to you again, brother. It ain't nothing but love. Peace. Thank you, sir. Does anyone else care to address the council? Do I hear a motion to adjourn? Move to adjourn. Second. Have a motion by Council Member Stennet, a second by Council Member Myers. All in favor, please say aye. Oppose, no. Motion carries. Thank you.