Past seven o'clock. We better get rolling. All right. If we can get to pull the council together, council meeting together- Sure. Call it to order. Um, and first we'll ask, uh, Madam Clerk to, uh, give the roll call and then we ... Rabbi Cline is poised and ready, thankfully. Thank you, sir. We welcome you, even before we welcome you. Thank you, Vice Mayor. Susan? Yep. You ready? Okay. Sorry. Sorry. No problem. Got a technical problem. While we're ... While you're doing that, we can all log in. That's nice. I'm gonna do it the old-fashioned way. Oh. Okay. I'll call the rolls. Sorry about that. Um, Mr. Lane? Here. Miss Lawless? Here. Mr. Martin? Here. Mr. McCord? Here. Mr. Myers? Here. Mr. Stennett? Here. Mr. Beard? Present. Mr. Blues? Here. Miss Crosby? She's ready. Mr. Ellinger? Here. Uh, Miss Spiegel? Here. Miss Gordon? Here. Mr. Gray? Here. Miss Hinson? Here. And Miss James. Thank you. Thank you, Susan. And Rabbi Marc Cline, we always welcome you for your thoughtful and counsel and prayer. And we welcome you again tonight. Thank you, sir. Thank you, sir. Thank you, Your Honor. Last night, former Israeli Prime Minister Ehud Olmert spoke at University of Kentucky. He spoke about peace in the Middle East. He spoke about what it could mean to recognize each other as neighbors, and the pain and anguish caused to all when one side or the other is more concerned with personal wealth and power, and less concerned with national welfare. As he spoke, even as he answered the hecklers, he drove home the point over and over again that it takes a partnership to not only bring peace, but even more so to maintain it. At that point in time, he was not an Israeli speaking against Palestinians, but a statesman recognizing the problem that keeps people separated and at odds. It's not the residents who hate each other. It's the power brokers who do not live in these communities, who willingly sacrifice the wellbeing and security, the lives of the people who do live- live there. When terrorists launch rockets from civilian homes, the targets suffer, the civilians in the homes suffer, the unintended targets that get hit by misfired launchers suffer. Everyone suffers, except those who grow their own power and wealth without concern for life or dignity, while the lives and dreams of families burn in homes and communities lacking security or safety. And I thought about how true this lesson is even in our own lives, in our own backyards, as people take advantage of others' vulnerabilities for their personal gain. As prime ministers, as elected officials, as civil servants, and even we as citizens, each of us has accepted a call to service, to protect those who are in need of protection, to reign in the power of those who seek more power, to make sure that people can be safe in their homes, and that communities can thrive in ways that serve the best interest of the people whose lives are impacted by the decision-making that happens in other rooms by other people whose security in life bear no risk, whatever decisions are made. When rockets are launched, return fire is expected. When we put our neighbors at risk, their fires become our devastating nightmares. I pray for the peace of Jerusalem and Gaza, Sderot, and Bethlehem, and Lexington. I pray that we'll find ways past our own wants to hear the call of those who are in need and at risk. I pray that each of us will make decisions that make sense as though we were the ones at risk, as though ours were the lives that were at stake. I pray for the world that more and more can find themselves in homes safe from violence and the indignities that currently run rampant in this world. We're thankful for the energy and service that the mayor, vice mayor, council members, and all who serve our commit- our community bring to the community. And we're thankful for each other who to commit- who commit to support them in their work as we hope to make our community stronger and people more secure and more whole with each vote they take. Invoking the source of all creation that allows us to bless each other, we affirm our giving of thanks and our commitment to each other, to our community, and to the work we need to do for each other, and I hope you will join me in saying amen. Amen. Thank you so much, Rabbi Cline. Council member Jay McCord. Uh, council members, Vice Mayor, uh, I wanted to, uh, to introduce you this evening to a, uh, a good friend and, uh, a, uh, a gentleman who is here in our community working on his, uh, Eagle Scout, uh, uh, designation, uh, Quinn Lackey, who is, uh, also a fantastic, uh, cross-country runner. And, uh, his mother and I actually went to college together. And, and, uh, we both competed on, uh, Team HealthWay for the Bourbon Chase Relay, uh, this past weekend. And so Quinn's gonna be joining us tonight. And, uh, I wanted to introduce him to you. And, uh- ... as part of his his Eagle Scout designation, he has to be a, a part of a, a, his city government. And, and what better way to do it than to join us up on the dais, so he will be, uh, sitting up here behind us. So, I just wanted to introduce you to Quinn. Thanks for being with us tonight, Quinn. Woo! Are we all situated? Jay? We're in good shape, right? Thanks, Council Member McCord. Um, which resolution is it that we, uh, ha- um, we have a number of, of, uh, citizens who have stepped to speak tonight, and if it's okay with the council members, um, we will ask the... those who have asked to speak to, uh, speak at the time when we are addressing the, uh, appropriate resolution. That would be... Everyone is... I believe everyone is here to speak to the, uh, Third District. That'd be Resolution 56. Okay? Thank you all very much. Okay, so I have the list here, and, and there'll be about 14 people around the table who will remind me if I forget. All right? And you all will be holding up your hands too. 56. All right. Right. Uh, Madam Clerk, I think we are ready then for ordinances entitled to a second reading. Yeah, and excuse me just a second, Susan. And we do have a public hearing at the, um, after number three. Before number three. Before number three. Okay. Okay. You have a motion before the... Before four. All right. Resolution... I mean, Ordinance Number One, an ordinance changing the zone from a 2 Family Residential R-2 Zone to a high-density apartment R-4 Zone for 1.288 net, 1.49 gross acres, for a property located at 1612 Versailles Road, subject to certain use restrictions, imposes conditions of granting the zone change, Homestead Nursing Center, LLC. Number two, an ordinance of the Lexington-Fayette, Irwin County Government authorizing and providing for the issuance of 35,805,000 principal amount of taxable sewer system revenue bonds, Series 2009, Build America Bonds direct paid, dated the date of delivery, subject to plus or minus 10% adjustment as to the principal 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 u- issued and outstanding, making certain amendments to Ordinance Number 96-2001, adopted in May, on May 3rd, 2001, and relating to the Irwin County Government's Sewer System Refunding Revenue Bonds, Series A and B of 2001 and taking other related actions. And now it't time for the public hearing. All right, we're now, uh, prepared for the, um, public hearing. So, we will... I declare... The chair declares that the public hearing is open. Does anyone... Would anyone like to speak to the public hearing on Ordinance Number Three, the second reading to Ordinance Number Three? Seeing no one, public hearing will be closed. And Clerk, you may continue. Ordinance Number Three for second reading, an ordinance authorizing the issuance of up to $4,065,000 of Cultural and Recreational Revenue Bonds, Series 2009, Anchor Baptist Church Incorporated Project of the Lexington-Fayette-Irwin County Government. The proceeds which shall be loaned to Anchor Baptist Church Incorporated to finance the cost of refunding the Lexington-Fayette-Irwin County Government Adjustable Rate-Demand Industrial Building Revenue Bonds, 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, authorizing a bond purchase and loan agreement appropriate for the protection and disposition of such revenues, and to further secure such bonds, recognizing the bonds as qualified tax-exempt obligations under IRC Section 20- 265B3G1 and 2, and authorizing other action in, uh, other actions in connection with the issuance of such bonds. Number Four- Vice, Vice Mayor, I have a motion on Number Four. Um, I'd like to make a motion that we table Number Four, please. Second. There's a motion to, uh, table Number Four, and a second. Um, motion to table takes precedent. Um, it's non-debatable. Um, if everyone... Is everyone prepared for this? We have a motion to table Number Four. All in favor of tabling Number Four, please indicate by saying, "Aye." Aye. All opposed, nay. Motion to table carries. Number four is tabled. Madam Clerk. Number five. Number C. An ordinance amending certain of the budgets of the Lexington-Fayette Urban County Government to reflect current requirements for municipal expenditures in appropriating and reappropriating funds, FY 2009 Schedule number 167. Number six, an ordinance amending certain of the budgets of the Lexington-Fayette Urban County Government to reflect current requirements for municipal expenditures in appropriating and reappropriating funds, Schedule number 68. Number seven, an ordinance authorizing and directing the mayor on behalf of the Urban County Government to accept a grant from the U.S. Department of Justice which grant funds are in the amount of $441,600 federal funds under the 2009 Recovery Act Edward Bryan Memorial Competitive Grant Program, hiring of civilian law enforcement support personnel are for the Lexington redevelopment, redeployment project for the Division of Police at 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 eight, an ordinance authorizing and directing the mayor on behalf of the Urban County Government to accept a grant from the U.S. Department of Justice, Office on Violence Against Women, which grant, which grant funds are in the amount of $400,000 federal funds from the grants to encourage arrest policies and enforcement to protect, uh, Protection Orders Program are for continuation of a project designed to hold preper, prepeta-, perpetrators of domestic violence accountable for their actions through investigation, arrest, and prosecution, the acceptance of which does not obligate the Urban County Government for the expenditure of funds, appropriating funds pursuant to Schedule number 70 and authorizing the mayor to transfer unencumbered funds within the grant budget, and authorizing and directing the mayor to execute subrecipient 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 on Drug and Alcohol Research, $4,000, and Fayette County Domestic Violence Prevention Board, $10,000. I believe there's a motion for number nine. Some motion for number nine. Uh, Council Member Meyers, believe you've got a motion, number nine. Sorry about that. Thank you, Vice Mayor. I move to amend ordinance number nine. Under second reading of ordinances to require that all appointments to Lyric Theater and Cultural Arts Center Corporation Board shall be made by the mayor, subject to confirmation by the council. The current, current ordinances, current ordinance gives the board authority to make its own appointments after the terms of the initial directors expire. This is a material change that requires a new first reading. So moved. Second. There's a motion and a second to amend number nine, as, um, suggested by Council Member Meyers. Um, is there debate? Is there, um, discussion? Council Member Lane. Uh, you know, this just, uh, recently came up, um, I, you know, did work on the Lyric Theater Committee that was involved in this, and I think it was the feeling that setting up a separate corporation to operate, uh, not operate the building per se, but to enter into a lease for use of the building was a better way to manage it than for us to control the board at all times. Um, because they would be entering into a kind of public service agreement with us to, uh, have events in there and pay fees or whatever. And if the, that part, that group defaulted, then we could enter into an agreement with somebody else. But if we are appointing all of the board members, then, uh, you know, we basically are gonna be running it. That, that is the concern that I had. I, I, I'm not saying that we can't do it either way, but I think it would be appropriate rather than to just change it immediately, maybe that we did give it a little bit more discussion and thinking before we make a final decision. I guess if we are changing this, we'd have another vote coming up. So maybe in the next two weeks, we could discuss it, uh, just to make sure we know what we're, you know, reconsider what we're doing, make sure we're in the right direction on that. A- and I, I would add that, uh, you know, the Lexington Philharmonic, Lexington Ballet, ma- uh, many of these groups, they're all, uh, you know, run their own m- they raise their own money, they pay all their bills and, and rent, uh, facilities to do their performances in. And I think that we ought to structure the Lyric in the same format. But I just would like ask everybody to think about it before we make a quick vote. Thank you. Uh, Council Member Crosby. I was just gonna s- um, ask maybe, and Shay might know the answer to this. Don't we have boards that are currently where, I think of the Explorium board where the mayor appoints the board, and yet, you know, they have a separate agreement from the Urban County Government. Now we just voted on it a few months ago, um, and we didn't change to where we would take away, or they'd be able to appoint their own board members. So I, I guess I would just, I was asking that question, but I guess I'm kind of answering my own question is that we currently have boards like Council Member Meyers is suggesting already. May I answer the question, Vice Mayor? Is it okay if I- Yeah, yeah, sure. Um, that is true that we do have some boards similar to the Explorium. There's been a lot of talk from Explorium folks about trying to change it where we no longer appoint the board members. I'm, I don't know if you're familiar with that or not. The, let me just start by saying the recommendation that is, um, currently on the docket for the, the form that it's in now was the recommendation by Dr. McCorvey and Jim Clark. Their experience was that having a board that was perceived to be more independent was better for long-term fundraising than for boards that are perceived to be too tied to the government. And the reason behind that is, in their e- experience and opinion, if it is perceived to be too much of a part of the government, then people say, "It's a government organization, the government should pay for it." We do have several boards, such as Picnic With The Pops, Friends Of The Dog Park, and a bunch of other ones, where we... We don't apport to... appoint to Friends Of The Dog Park, but we do appoint to Town Branch and... I'm sorry? Town Bra... Now, why am I talking about Town Branch? Pricni- Picnic With The Pops and others, but the main difference with The Lyric is that The Lyric is being asked to raise a substantial amount of operating each year, and I'm not aware of any boards where they're required to... to raise the same amount of operating as we're asking The Lyric to raise. And I might... Some... Maybe somebody could correct me on that. Why don't you hold on- I don't feel that this is a deal breaker, one way or the other. I mean if it's the will of the council to forevermore have the council, I mean, the mayor appoint and the council confirm, I think that's okay. But I just wanna remind everybody that when I stood up here before over the months and months, um, last spring, the directive from the council was very clear that The Lyric needed to move towards independent self-sufficiency as quick as possible. And I presented, with the help of the business group, a plan that would get them towards self-sufficiency in about five years. So, that was another part of why we wanted a board that would take ownership and not lean on the government as much, um, for as much support. That's just the rec-... The recommendation is not mine alone, it was Dr. McCorvey's and Jim Clark's and their e- opinion from, um, the art world. Thank you, Shay. And y- you'll be here so we can... if there are more questions. Thanks. Um, Council Member Gordon, then, uh, Council Member Henson. Well, since you mentioned Friends Of The Dog Park, and since I was a founder of Friends Of The Dog Park, it is not a government entity. It's a... an incorporated not-for-profit, just like Friends Of The Arboretum is an incorporated not-for-profit that raises money for the Arboretum, just like Friends Of McConnell Springs is an incorporated not-for-profit. Those are the entities, none of which are government, which raise the money. And people would much rather give to an incorporated not-for-profit because they can take a tax break. And so, I am curious. I had the... a similar question to Council Member Crosby. There are not many boards that are government-related that the mayor does not appoint and we approve. I can't think of very many at all. We approve all those boards that have those fundraising arms, and they're very successful at fundraising. So, when the time comes, I'm gonna be supportive of this. And maybe you have some boards that we don't appoint. The one I could think of is Lexarts. They're obviously- It's- ... a major fundraising arm, raising over a million dollars a year to support arts agencies, and we do not appoint to the board. We enter into- Yes. ... a PSA with them, of course. Well, we do appoint to the board because I serve on that board, and I was a mayoral appointee. But we don't appoint the entire board. It's in Lexarts bylaws where one member should be... I don't know what exactly it says, whether it's council or a mayor's designee, but the board itself is not solely, um, appointed by the mayor and confirmed by the council. Do you have some other examples? 'Cause I think that's what several of us are wondering. Um, Madam Gordon- I don't, but... but perhaps a question is- ... what do we... what... what is the benefit of having it done the way Council Member Meyers is proposing versus- Point of order. ... the other way? Point of order, Vice Mayor. Um, she's not to depose the council. If we ask questions of her, then she can answer the questions. Well, okay. Point of order, say- I really wanna be an attorney really bad . I'd also say, point of correction, Lexarts is not a city board. And so, the comparison she's making is not accurate. Well, let's... let... let's... Okay, the chair has the authority in the case of point of order to comment, to make a declaration. Let's allow the conversation at this point in time with an amendment. I just encourage that we have the conversation. And I'm... my inclination is to listen also to what Mr. Lane said. There are a lot of issues associated with this, a lot of issues that are gonna create precedent. So, understanding fully the mission and the purpose is really what we're trying to examine here, and it's gonna be tough to do it, in my view at least, tonight, for me to make an informed vote. I would say that. So, in terms of hearing this out, hearing what, um, Ms. Raybold has to say is worthwhile for us, and, um, then engaging, we have at least four more questions here. Is that fair? Okay? Okay. Thank you. S- so, Ms. Henson, d- do you have anything else, George, on that one? Okay, okay, okay. Uh, Council Member Henson. Thank you, Vice Mayor. I just... m- I guess my thinking on it is, with The Lyric, that the LFUCG does have a financial obligation. And I do feel like it would be our responsibility, as long as that exists, ... to, um, have some control over the board, um, at which time the Lyric becomes self-sufficient, then I would be more in favor, or if they wanted to split off as a separate entity, then that would be a different situation. But my feeling is, right now, that I would support the amendment. Thank you. Councilman Myers. Thank you, Vice Mayor. I'd just say there's one other example of a board that the mayor appoints and the council approves, it raises a boatload of money and that's Selection Center Corporation Board. And they have, as, uh, Councilmember Gordon said, no problem, uh, fundraising, and the mayor appoints and the council approves. Also, I would say that there's no other city board that the mayor doesn't appoint to and the council doesn't approve. And I'll just stop there. Thank you. Uh, Councilman Martin. Thank you, Vice Mayor. Uh, I- I'm gonna have to admit, I'm a little bit torn on this, because when Councilmember Myers- ... and, and I talked about it, it seemed logical that, that the, the Lyric Theater Board would be treated as other boards, um, that, that are, uh, funded by LFUCG. But, but in fact, there, there are a lot of different examples of this. Um, and the fact that many of the arts organizations are, are in fact sort of, they, they, they pick their own boards, many of these organizations, the, and the, the board members are large contributors to the organization. That's typically a way, what you see in Lexington. Um, but the, the other item is that, uh, I have enormous amount of respect and, and deference to Jim Clark and to Dr. Everett McCorvey, who have, uh, put in a lot of, of hours on this. And, and I guess where I'm coming down, if, if, if it's their recommendation, and Shai, I, I guess I have to put this in a form of a question. If it's their recommendation, can, can you explain really what they've, uh, what Jim Clark and Dr. McCorvey have, have recommended in this area again? Well, I, I tried to explain it the best I could already. I'll, I'll just say it again. Um, I spoke with, with Jim Clark again today, and I think he sent an email. I'm not sure who he sent one to. Um, when they... Actually, Dr. McCorvey is the one who presented this recommendation to the work group at first, and then Jim Clark agreed. And his thinking, both of their thinking was the same, what you just said. Many successful arts organizations, the board members that are appointed are asked to contribute financially themselves. So they have a financial ownership as well, and that perpetuates itself with new members coming on, needing to, um, contribute. Their major thought though was that it was important for the Lyric, for its longterm success, to be perceived as an independent arts organization, just as the Lexington Philharmonic or, or other groups, or LexArts. Um, and they felt that if something was thought to be way too much a part of the government, where politics comes in, uh, perhaps the mayor or the council doesn't support the organization anymore, they put people on the board that may not be as committed to the board as if the Philharmonic were continuing to appoint their own board, they thought that that could lead to problems. So that's really the best explanation I can do. Let me have, I got one more question, uh, for, for our General Counsel, Commissioner Law Logan, can I ask you, um, if you'd step up to the mic for just a second? Is this our last shot at, at this, at the makeup of this board? I- it seems like this is a creature of, of s- of ordinance, and could we ch- uh, uh, r- affect at a future time what the, uh, the how these folks are appointed by changing this ordinance? I'd wanna look at that ordinance again before I answer, if you give me just one second. One of the things, while we're getting that document, is... I know when this came up the last time, there was a suggestion that in order for this board to have the management of the theater, there would have to be a, a PSA. And so the council would have to approve their operation of this facility. And so the council would maintain control in that respect. Well, I- I know I, I was one of the, the, uh, the folks who, who thinks that the Lyric should move with speed to, to become self-sufficient and to, uh, have strong fundraising and, and, uh, and so if, if this sort of suggested to the public and to the, the philanthropy community out there that, that this organization was really the, the, the, the permanent, on the permanent ticket of the city, then, then I guess I would be concerned about that. Um, and if we are able to affect the makeup of this board at a future time, should we have, feel like we need more direct oversight, and if we're able to do that, then, then I might defer to that then. And I'm looking forward to... Well, I think, in looking at it, I believe you, you could change the ordinance, but then we would probably need to do something with the articles or bylaws of the corporation. But I, it would seem to me that that could be doable, given the relationship between the two organizations. Yeah. So I would, my thought would be no, it would not be our last opportunity if this doesn't work, if that was your question, yeah. So I guess I, I'm probably... I'm not gonna support the, the, the motion at the time, but I would, um, remain open to that in the, uh, for, for future reference as we watch this, because, uh, obviously we don't want to be on the... I- ... fully understanding, uh, Council Member Myers' concerns. I certainly don't want the city to be on the hook, uh, for the operations without any, uh, opportunity to, uh, to have any say over things. So, thank you, Vice Mayor. Yes, sir. Council Member Lane. Uh, yeah, just, uh, a l- a little follow-up thought is I think you have to look at the Lyric as two components. One is the real estate component, which the Irvin County Government owns, and would, in essence, be leasing to the Lyric Theatre, uh, the portion of it. And the arts portion would be responsible for the fundraising, programming, promotion and all that. And we would have some type of an agreement with them. Uh, I think that's how the deal should be structured. And, uh, you know, I strongly feel that the, uh, organization, the arts organization, should be ultimately independent of the Irvin County Council. That we would have control of the building, but not of the operation of the programming and the building. And that, that's a lot the way the Philharmonic and the, the ballet and many of the other arts groups are structured. But, but as I said, I, you know, I'm, I'm very supportive of anything you wanna do, but I just wish we wouldn't rush into making a decision tonight. We might be better off to discuss this for a little longer before we make a final call. Council Member Beard. Thank you, Vice Mayor. Um, I guess I'm gonna have to take exception to comment just pre- recently made by, uh, Council Member Martin. We're already on the hook. We have a, we have an investment, a large investment, and if, in fact, the funds aren't raised, and the fund- money isn't there, we're not gonna turn our backs, uh, to it and walk away. It just can't happen. So we're on the hooks. While we're- we may not be legally on the hook, we're on the hook, and we need to recognize that. And so I favor what, uh, Council Member Lane mentioned, that we need to maybe table this, and, and look at it a little closer, and re- and restructure and make sure this is exactly the way we want it to be. Thank you. I see Shay jumping up quickly. I don't know if I'm out of order or not. I just wanna say one thing. We are kind of under- under a time crunch, in that the board that we're gonna ask to operate and manage this facility is responsible for hiring an executive director, getting the organization up and going. And so we have not brought forward to you any appointments yet, because the mayor didn't wanna ask people to serve in certain capacities that you all might choose to change. So our next step is bringing forward people for you to actually appoint. So I would just, if you're gonna table it, it's certainly, um, up to you, but I just want everybody to keep in mind that we need to move quickly to get a board appointed so they can begin their work as soon as possible. All right. Council Member Gordon. Um, well, what if we, um leave it? What, what if we have a discussion on Tuesday about this? Could we bring it- So that we don't delay it, um, any further, which I don't wanna delay it either, and I don't think any of us do. Could we discuss it at the work session on Tuesday? What would you recommend we do today? 'Cause it's on for second reading. Table it until Tuesday? Well, we have to... Well. That'd be three weeks. W- November 5th. I'd like- It has to be given a new function. ... everyone to comment while we're thinking. Um, it, it does seem to me that this is a significant issue, because if we look downstream, the operating models that we are considering here really can have a long-term impact on the strategy, which is to try to create self-sustaining, um, a self-sustaining operation through a healthy amount of fundraising. And, um, at least my- a- as I've been thinking about this and hearing the comments tonight, and this may go back, Council Member Lane, to the conversations in the committee that Shay's referring to as well, when, when Everett McCorvey and Jim Clark spoke. When I think, for example, of the inquiry or the request to join the Civic Center Board, I didn't have one minute thought about reaching into my pocketbook. And I feel like that what we are trying to encourage here are citizens who are asked to join this board who are going to think that they'll need to reach into their pocketbook, or they'll need to really work hard to bring people oth- others on. And that, those expectations and those requirements may come from, or do come from different organizational expectations. And the creation of these, uh, the way in which we create and the way in which we nominate really could have a big impact on that result. So, at least myself, I'm trying to distinguish between these different governance structures and the operational expectations of them. Okay, that's just... So a little bit of time and a little bit more information might help inform this decision, is what I'm saying. Yeah, Council Member Myers, then Council Member Lawless. C- could I, could I ask how you got appointed to the, uh, to the board? ... Lexington Center Board. I think the precedent is... Well, the mayor appointed me, but the precedent has been that, you know, the, someone from the council, and I think typically the vice mayor, has been an appointee. Right. My expectation was never that I would be expected to do what I'm expected to do on other boards, where, you know, before I go on that board, I'm asking, "What am I expected to contribute? How much am I expected to raise for this board, or for this organization?" Right. And the point that I was getting at is that you had that expectation going in. Y- you expected to pull money outta your pocket and contribute because you were gonna be on the board, I think is what you said. Yeah, on, not on the civic center. Oh, I thought that's... Okay, I thought you said- No, no, no, no, no. Okay, okay . Okay. I misunderstood you. I would have said, "No, no, no." Okay. I misunderstood you, then. Yeah. Vice Mayor? Excuse me. Yes, sir. Uh, Susan just mentioned that there is a special meeting on the 27th at 3:00 that was scheduled for another purpose. And what- The TIF public hearing. For the TIF public hearing, but was there actually going to be a... We could add this to the agenda. So the thought would be, if we added to that, the agenda that day, this item, you could go ahead and discuss it next Tuesday, and then have it considered on the 27th. I'm sorry, Logan. You're saying so we could have, have the discussion on the- Right. I think, I think Council Member Gorton mentioned discussing it next Tuesday. At the work session. Yes, sir. And then the 27th, you've got that meeting, your public hearing for the TIF. Mr. Krikourian's TIF. So, Vice Mayor? Yes, sir. If we... If this amendment passes today, then would we be able to... We could discuss it Tuesday, for sure, but then would we be able to put the amended... It'd be a new first reading tonight, and then put the amended version on that special meeting? That's why we are here. Yeah. That would not... Council Member Myers, that would not be a problem. We could change, because there's no... You can do two readings in one night. Right. For event, so. Okay. Okay. We have three others signed on to speak. Council Member Lawless, Council Member Martin, Council Member Crosby. Council Member Lawless. O- Oh, thank you, Vice Mayor. Um, I'm really sorry that Council Member James is ill tonight and can't weigh in on this, 'cause she has spent so much time on it. Um, if we commit to it being a mayor-approved board, are we then getting into the same situation permanently as we are with the airport board, and the library board, and all the other boards where the council is powerless to speak or take any action? We'd be powerless this way. If the mayor- We could at least take those boards away. Th- we can? Yeah. We appointed them. They can take them away. May I answer? I just- Yeah, we have... No. No, in... Council Member Lawless, in the two boards that you just mentioned, those are governed, the appointments and removals are governed by state statute. That's what makes that different. Okay. This is by ordinance. There's no state statute that governs this at all. So, regardless of what we pass, whenever we pass it, we would have an opportunity at a future date or future councils to change how the board is, um, is, is made up, who, who appoints it or whatever. They could change this? Well, that's the same question Council Member Martin asked just a second ago, and I think you could actually change the ordinance, but to the extent that you have a separate corporate entity, uh, I believe we could probably get bylaws changed, uh, if, if, if the council felt strongly about it, if we changed the ordinance. But the way this is set up, is that the city would be involved in the appointment of the initial directors. Their staggered terms. And then once those initial terms are up, then it would become self-perpetuating. Yes. Yeah, I understood that part. Okay. I just wondered if, um, we would be able to, at some time, change that. So I just wanna... I, I- Council Member Lawless, excuse me one second. I think the answer, I'm gonna go back and say because of what... Mr. Beard is correct. What we're talking about here is a substantial asset owned by the city. We're going to have the relationship through the professional services agreement. And so, I think, because of the relationship between the two entities, regardless of how it's set up, the council's going to be able to influence that. I, I just don't wanna hold this up. It's been lingering. The other point I would make to that is if you choose to go with the existing ordinance, if for whatever reason you don't like how the board is operating, you can always not enter into a PSA with them, and then create a whole nother board at a later date. Right, Logan? Yes. He says, "Yes." Councilmember Crosby, then Councilmember Gordon. Yeah, I have a few things. Uh, I guess just in response to Councilmember Law- uh, Lawless's comments, I think... Uh, I would believe because that ordinance insists it's not a state board that's regulated by the state, that we at any time can change the ordinance, whether we enter in- in... The opposite of what you just said, we can do the opposite just as easily. If we enter into a PSA, we can change it to where they have control versus where if they don't have control. D- does that make sense? So we can do the opposite of what you just said as well. And then, um, with all board appointees, if we're, if we're... Uh, if the mayor's appointing, they come before the council, so we are the final approval, um, ultimately. We, we see all the candidates, they go through a vetting process, and it's, um, pretty stringent the things that they have to turn in before they get to us and get appointed to these boards. And I, I just have a problem. I serve on a board that is partly supported by city funding and the mayor appoints it, and I just don't think that any board that's receiving our funding should be, um, based on people who have deep pockets and the ability to fundraise strictly for those boards. I think that, uh, we need to be looking at people who are diverse and who represent our community. And, uh, we have a process where we do that now, and we have the final authority with our vote on who gets on these boards. And it shouldn't be based on deep pockets. It should be based on the best qualified person. So, that's all I have to say. Thank you. Councilmember Martin. Thank you. Um, the, um, this, this is a different kind of creature, and I know we beat this horse. We just need to vote. Often get Councilmember Stents agreeing with me, but I just wanted to, to sort of clarify, this is gonna be a Kentucky nonprofit corporation. And so then that's gonna be different than, than our other boards. And so, what, uh, Commissioner Askew is saying is that we're gonna wind this up and s- and this is gonna be a Kentucky nonprofit corporation. And so, it's gonna be governed by KRS Chapter 273. I- i- in, there are a lot of other boards who aren't nonprofit corporations. And so, um, and so, what I think Commissioner Askew is saying is that, um, that our ability to withhold funding, our ability to, to, to persuade the process because where they're gonna rely on this lease in the initial years for funding is an enormous a- amount of leverage for us to rework the organization should we need to. I think so. Um, but they will need to, to sort of do that underneath the, the corporate, Nonprofit Corporation Act. Thank you, Vice Mayor. Councilmember Feigl. Thank you, Vice Mayor. Um, excuse me if I'm going to repeat, uh, something that was already said 'cause I've been reading. But, um, I think I understood Shay to say that they would be independent after five years. And so, I feel like that it's very important that, that we, uh... And correct me if I misstated that. I can't recall exactly, but I think the fifth year, they were down to about 75,000 in, uh, uh, allocation from the city with the ex- expectation of coming up with that for the sixth year, but it was all, you know, it's all potential. I... Okay. That's what I thought I heard you say. But as long as they, um, are not independent of the city and they're still receiving city resources, I think that it's, um, it's very important that we stay involved and, and stay, uh, uh, very much attentive to who serves on that board. If they really would like to use this board as a way to attract people with deep pockets, then all they have to do is to set up, uh, an honorary hierarchy then, and they can do that if they're trying to attract people with deep pockets. But, um, you know, I feel it's, it's pretty important to us as council members to, to kind of stay involved with this organization as we see it s- as we see it grow. And it, and it will struggle, but, uh, hopefully everything will turn out right. But I, I think we do need to stay involved with it, and we need to be very attentive to the folks that serve on that board. So I will support the motion. All right. There's a, there is a motion, and a second. Um, is there any further discussion? All in favor of the motion, please indicate by saying, "Aye." The motion to amend, right? All indicate, all in favor of the motion to amend, please indicate by saying, "Aye." Aye. Aye. All opposed, no. No. Motion carries. All right. So we can get a first reading on the motion as amended. That's just gonna reflect the vote as corrected. You got it. I believe that is correct. If not, I will stand corrected if somebody will tell me. Martin. Two, two voted no. One, I think. Yeah. Okay. All right. Thank you. I'll, I'll make sure that's... I'll correct that in the minutes. Okay. Number nine for... ... a new first reading. An ordinance enacting 20- Article 21 of Chapter Two of the Code of Ordinances to authorize the organization of a nonprofit Kentucky corporation to be called The Lyric Theater and Cultural Arts Center Corporation for the purpose of overseeing the management of and programming for The Lyric Theater and any and all appropriate purposes, providing that the corporation shall consist of 15 appointed members and shall have all of the powers conferred upon the co- corporation organized under Chapter 273 of the Kentucky Revised Statutes dealing with non-stock, non-profit 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 an application of a application for tax-exempt status to the Internal Revenue Service. All right, do we need a voice vote or a roll call? Roll call? You wi- you- you will need a motion to approve the ordin- Second. The motion is second. Is there a discussion? Can we do- It's a motion to approve this ordinance, right? One through eight. One through eight? No. Okay. No, that's- That's not one through eight, it's, it's one- Just- ... one through three and five through eight. Unless we do a second We need a second. Okay. Join. So we've got a motion- Do we need a second? ... for one through eight. Is this one? No, tell us again, Susan, I'm sorry. One through three and five through eight. We'll make a motion. And who made the second, please? Did you make a motion? Yeah, he made the motion and then who, who seconded it? And Council Member Myers made it a second. Thank you. All right. Is there a discussion? Suspend the rules? All in favor? Please- You gotta do a roll call. You gotta do a roll call. Go ahead, Madam Clerk, thank you. Mr. Lane. Aye. Miss Lawless. Miss Lawless? Diane? Yes or no? Yes. Miss Ma- Mr. Martin. Yes. Mr. McCord. Yes. Mr. Meyers. Yes. Mr. Stennett. Yes. Mr. Beard. Aye. Mr. Blues. Yes. Miss Crosby. Yeah. Mr. Ellinger. Miss Feigel. Aye. Miss Gorton. Aye. Mr. Gray. Yes. And Miss Henson. Yes. Thank you. All right. First- Can I ask a question here, Vice Mayor? Or if you're- Okay. ... not going to ask for suspend the rules and give second reading on number nine, then are we gonna wait 'til November 5th or are we gonna hear it on Tuesday and then put it on the special meeting? And if we do, I guess we need to make a motion to put it on that special meeting. We'll wanna do it on Tuesday? Is that, is that your hope? My understanding was that we would have more discussion about it on Tuesday. Yeah, I think that's fair to do that. And, uh, that'll give everybody on the council a chance to be here as well. Can we get, uh, can we get ... Is Shay still here? Shay? Okay. Can we get, um, Everett McCorvey and Jim Clark here? I'll try my best. Yeah, okay. Great. If they can't, I'll have them write someone. Yeah, that's fine. Okay. Vice Mayor. Excuse me. Yes, sir. Because we have a special meeting, you all have to set the agenda for the special meeting, and we have to stick to that agenda. Currently, I think you have voted to have the special meeting on the 27th for the TIF. So we need to add this if you intend to take action on the 27th. Otherwise, it'll come up on the 5th. Please do. Please add that. And then we'll have a motion to- Do we have to do it tonight or can we do it Tuesday? We'll do Tuesday. Tuesday? Well. We're setting a special meeting date. Council Member Gordon. Well, excuse me, but our- I think our clerk, uh, might have input about, do we have to advertise it now if we're gonna put it on, or do we have time to advertise? We will have time to advertise that. That is a special meeting, and that's required 24 hours notice. So before the 27th, we have plenty of time for that. But it's my understanding that if you're gonna ... that you would make a motion tonight for this to be on second reading for that special meeting. And, and so we couldn't change it after tonight. It would be in this version, is that what you're saying? If we ... This now has a first, new first reading and it's been amended. So if we move tonight to put this on for second reading, it's this version. Okay. The amended version. Yeah. On Tuesday? Council Member Stennett. You can actually wait 'til Tuesday to put it on the special meeting docket, 'cause we would approve it Tuesday because I think after we had discussion, as it stands right now, it'll be November 5th if we don't do anything. So Tuesday a motion can be made to put it on the 27th meeting docket, and that way if further discussion warrants 'til the 5th, we still have it 'til the 5th for additional discussion. So that'd probably be the best way. All right. So is there a motion? So we don't need a motion? All right. Let me ... Okay. Are we ready for first reading ordinances? I think so. Sorry, what, what, what's the issue? Councilman Myers. Thank you, Vice Mayor. I'd like to go back to the clerk one more time, 'cause the look she's giving us, I'm not sure she agrees with the... If the parliamentarian rules that it can be made on Tuesday, I'm certainly not going to dis-, you know, argue wi- with him. So. Well, we set every special meeting or meeting docket on Tuesdays, so that's no different than setting a special meeting for the 27th, which as long as we have the advertising deadline, which you said we would if we did it Tuesday, then we're okay. It's no different to setting any other docket. She just said the advertisement- My, my, my only concern is, is that it is actually on, it was, it's on tonight's docket. It's, it's not, it's already been given first reading, so the motion that would be coming out of this meeting would be that it is already on this docket, and it's not on the work session. So the motion would be to take it from this meeting to the, to the 27th. And if you're speaking to it on the Tuesday, you're not gonna actually be discussing this docket item. You will be discussing the issue, but not this docket item. So that's my only concern. So we, we would make a motion to remove it from the November 5th docket. We won't have a work copy. I understand that 'cause we won't, we don't have a Council for three weeks, but you'd still make the same motion to remove it from the docket and place it on the docket for September 27th in lieu of the 5th. So it can be accomplished either way, but that's a cleaner way so we can have discussion. Otherwise, if we go ahead and put it on there, it's gonna get second reading, toni- I mean, no matter what the discussion is and you don't have any more time to delay it. So is there no motion then? We can discuss it next week. All right. Okay. Can we move ah- move ahead then? Mr. Vice Mayor? Yeah. Councilman Martin. I have a motion. I move that item 11 in ordinance amending Article 17-3-18, 17-4G- We gotta have it sh- out of order. She's, has to get there first. So can she start the readings? Excuse me. And when, when she gets there, you can make that motion. Excuse me, Mr. Parliamentarian. First reading, Madam Clerk, we give a first reading of ordinances and Council Member Martin has a comment regarding item 11. When we get there. Yeah. Sorry. Ordinance Number 10 on fir- for first reading, an ordinance amending articles 17-7P and creating articles 28-5H6 of the zoning ordinance to modify the mixed use community MU3 zone to allow additional uses to alter lot height and yard requirements, to modify the special provisions. And to increase the allowable signage in the MU3 zone. Number 11. Mr. Vice Mayor? Yeah. Council Member Martin? Thank you, Mr. Vice Mayor. I have a motion to ref- refer item 11 ordinance for first reading to the planning committee, uh, for further discussion. So moved. Second. There's a motion and a second on item 11. Is there discussion there? Council Member Gordon? Since I chair the planning committee, what would you like us to discuss? Um, this item came out of the planning commission with, uh, uh, adopting the recommendation of planning staff, uh, to, to move from 64 square feet, which has been the, uh, the decades-long practice in Lexington, to 32 square feet. And I think it might be appropriate for the council just to entertain that and discuss, uh, what the issues are relating to the size of the signage. Uh, changing the, the, the size is gonna require every commercial sign in Lexington be taken down and replaced, and so I thought it might be appropriate to discuss that. Thank you. Any other council members have a comment? Councilman Lane? Uh, because I'm a commercial real estate broker, I'll be recruiting myself on a vote on this. Thank you. I've got a question about this. Uh, when, when we had representatives from the, uh, from the community in on Tuesday, um, one of the questions I had was, are there any distinctions between, um, downtown signage and other... And would this... And, and, you know, beyond the downtown, because that's been a, an issue for 15 years. And would that be one of the questions, for example, one of the issues that would be, would be discussed in the, um, in this referring it to planning commission or planning committee? Mr. Vice Mayor, I, I believe that all, all issues about the size of the sort, of the, uh, signage and the makeup of the ordinance- Right. ... will be appropriate to discuss at that. Right. Okay. Any further discussion? We now have a motion to move this into planning. And was there a second? Okay, was, uh, motion and a second. If we're ready for a vote, all in favor please say aye. Aye. All oppose, no. Motion carries. Madam Clerk. Ordinance Number 12 and Ordinance Amending Section 21-52 of the Code of Ordinances creating one position of Minority Program Coordinator, Grade 119E in the Division of Central Purchasing. Number 13. An Ordinance Amending Section 12-82 of the Code of Ordinances of the Lexington-Fayette Urban County Government to clarify and further define the purpose of the Vacant Property Review Commission to include duties related to abandoned urban properties, and assisting the Lexington-Fayette Urban County Land Bank Authority- ... and the Urban County Council amending Section 12-83 of the Co- Code of Ordinances to remove the nominating requirements and to change the membership to include repre- one representative who is a home builder or owner of rental property within the urban county of the Home Builders Association of Lexington, one representative holding an e- elected position within a neighborhood association, one non-voting Urban County Council member. ... and one non-voting member of the Fayette County Property Valuation Administrator's Office; and to preclude an officer or employee of the Urban County Government, whose duties include enforcement of housing, building, plumbing, fire, or related codes from serving on the commission; amending Section 12-86 of the Code of Ordinances to clarify that the five voting members of the Commission constitute a quorum; amending Section 12-89 of the Code of Ordinances to clarify the findings to be a certification process pursuant to state law, the timing of the appeal, and the receipt of the r- notice, and to eliminate the requirement of an o- offer to purchase to be made by the commission; amending Section 12-90 of the Code of Ordinances to include a designated agent, to change the term "recommendation" to "certification," and to provide for an appeal process for an owner or other party in ter- in interest of abandoned urbano- property as determined pursuant to Chapter seven, Article four of the Code of Ordinances on the basis that the property was incorrectly classified, with appeals to be filed within 30 days of the date of notice was mailed, and hearings in- attempted to be scheduled and hear- heard within 30 days of the receipt of the appeal, all effective upon the date of passage. Number 14, an ordinance amending Section 2-468 of the Code of Ordinances related to the Quarantine Commission to amend the requirement of a quorum to be a majority of the voting appointed members. Number 15, an ordinance th- creating Section 10-33.1 and Article Three of Chapter ten of the Code of Ordinances of the Lexington-Fayette Urban County Government to prohibit the, within the urban services boundary, the slaughter of any animal, including for personal consumption in any area visible at ground level from a street, sidewalk, or neighboring properties, defining the term slaughter and providing a penalty for violation. Number 16, an ordinance amending Section 4-2A of the Code of Ordinances relating to the ant- care and treatment of the animals to amend the definitions for adequate shade and adequate shelter. Number 17, 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 Schedule Number 72. Number 18, an ordinance amending Section s- 22-52 of the Code of Ordinances, creating two temporary positions of evidence technician, grade 112N, and one temporary position of police analyst, grade 111N, for a term of two years and ending on November 1 o- 2011 within the Division of Police. Number 19, an ordinance of the Council of the Lexington-Fayette Urban County Government, one, authorizing and approving the execution and delivery of a lease agreement between the Lexington-Fayette Urban County Airport Board as the lessor, and the Lexington-Fayette Urban County Government as the lessee, relating to the issuance and sale of an amount not to exceed $75 million in aggregate principal amount of A, Lexington-Fayette Urban County Airport Board General Airport Revenue Refunding Bonds 2009, Series A-1, Lexington-Fayette Urban County Government General Obligations Non-AMT; B, Lexington-Fayette Urban County Airport Board General Airport Revenue Refunding Bonds 2009, Series A-2, Lexington-Fayette Urban County Government General Obligation Non-AMT; and C, Lexington-Fayette Urban County Airport Board Variable Rate General Airport Revenue Refunding Bonds ser- 2009, Series B, Lexington-Fayette Urban County Government General Obligation Non-AMT, all for the purpose of refunding, one, all of the board's outstanding 46,395,000 variable rate general airport revenue and ref- revenue-refunding bonds 2008, Series A, Lexington-Fayette Urban County Government General Obligations AMT, and, two, a portion of the board's outstanding 26,235,000 variable rate general airport revenue and re- revenue-refunding bonds 2008, Series B, Lexington-Fayette Urban County Government General Obligations Non-AMT at the Bluegrass Airport in Fayette County, Kentucky. And that's the end of the first readings. Are there any, um, motions related to the first readings? So done. Madam Clerk? Resolutions for second reading, resolution number one, a resolution accepting the bid of Wayne Supply, establishing a price contract for greater rental for the Division of Streets, Roads, and Forestry; number two, 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 three, a resolution accepting the bid of R&B Cleaning Services, establishing a price contract for custodial services day treatment center for the Division of Facilities and Fleet Management; number four, a resolution authorizing and directing the mayor on behalf of the Urban County Government to accept a donation from the Citizen Police Academy Association and the Bluegrass Crime Stoppers f- of a Scotsman ice machine for the use at the police training center at no cost to the Urban County Government; number five, a resolution authorizing and directing the mayor on behalf of the Urban County Government to accept this don- donation from Kentucky's Division of Emergency Management of backboards and shelter tents for use at the Division of Fire and Emergency Services at no cost to the Urban County Government; number six, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an authorization for access to T-Mobile U.S.A. Incorporated for access of Kirklet- to lur- Kirklevington Park at no cost to the Urban County Government; number seven, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an a- agreement with Hyatt Regency Lexington for Bluegrass Invitational Wheelchair Basketball Tournament at a cost not to exceed $2700; number eight, a resolution not proving the granting of an inducement to Florida... Oh, was there a motion? There's a motion to amend this one. It's a motion to amend. What? Who has the motion? Number... Mr. Beard, did you, is this one you're gonna be... Like to do that? Excuse me, would you like to do that now? Yes, please. All right. Vice Mayor? Yes, sir. I would like to amend resolution, second reading of resolutions number eight, just for purposes of clarification. ... um, it presently reads, "A resolution approving the granting of a inducement to Florida Tile Incorporated, pursuant of the Kentucky Business Investment Act, created by House Bill 3 of the 2009 extraordinary legislative session, whereby Lexington-Fayette Urban County Government agrees to forego the collection of one percent." And this is where I had the problem. For clarifications, I would have liked to insert the word "the" between "of" and "one," 'cause it could be construed that, um- ... we're only giving up .00225%. Mm, yeah. As opposed to... Huh? Percent. Yeah. As opposed to, uh, one full percent. One full percent of the 2.25% that, uh- Does it need to say, "One percent of..." All, all I'm changing is the collection of the one percent, to clarify that the en- the item is a one full percent that we're giving up. Of the two and a... Of the 2.25%. Two and a quarter? Yeah. There's a motion and a second. It is not a material matter, by the way. It may be given a second reading this evening. And there's a motion and a second. Is any comment? Okay, ready for a vote, then all in favor, please say, "Aye." All opposed, "No." Motion carries. Thank you. Thank you, Council Member Beard. Resolution number eight, as amended, a resolution approving the granting of an inducement to Florida Tile Incorporated, pursuant of the Kentucky Business Investment Act, created by House Bill 3 of the 2009 extraordinary legislative session, whereby Lexington-Fayette Urban County Government agrees to forego the collection of the one percent of the occupational license fees that would otherwise be due to it, and which shall be retained by Florida Tile Incorporated for a term of not longer than 10 years from the activation date established by the Kentucky Business Investment program, subject to the limitations contained in the Kentucky Business Investment Act, and the, any agreement Florida Tile Incorporated has with the Kentucky Economic Development Finance Authority related to the project and taking other related action. Number nine, 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 29th, 2009, Tracy Thurman, Administrative Officer, grade 118E, 2000, 353.36 bi-weekly in the Department of General Services, effective October 5th, 2009, Ricky Caldwell, Administrative Officer, grade 118E, 2000, 867.84 bi-weekly in the Department of General Services, effective September 28, 2009, Shaney McFarland, Social Worker, grade 111E, 1005, 29.44 bi-weekly in the Division of Youth Services, effective September 28, 2009, Ben Turpin, Director, Deputy Director of Building Maintenance, grade 121E, 3000, 59.92 bi-weekly 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, 1007, 49.60 bi-weekly in the Division of Water Quality, effective September 21, 2009, Tammy Bullock, Halaure Morgan, Jose Probis, Elizabeth Irwin, Administrative Specialists, grade 110N 16.543 hourly in the Division of Water Quality, effective September 21, 2009. Number 10, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a facility usage contract with the Fayette County Board of Education for the Kiddie Capers program at a cost not to exceed $837,25. Number 11, a resolution authorizing and directing the mayor on behalf of the Urban County Government to accept a donation from Cricket Communication Incorporated to repair and refurbish the Valley Park tennis courts in exchange for two-year naming rights for the tennis courts in Cricket's name, pursuant to the Division of Parks and Recreation naming policy. Number 12, a resolution auth- of the Lexington-Fayette Urban County Government authorizing the sewer refund, 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 and providing for the cost 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 expenditures prior to its issuance of sewer revenue bonds. Number 13, a resolution acc- a resolution 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 PRA Government Services LLC, doing business as RDS, for performance of such services at a cost based upon a contingency fee of, on amounts collected pursuant to the agreement at a, at a rate not to exceed 35%. Number 14, a resolution authorizing and directing the Department of Law to institute a declaration of rights action against the Lexington Herald-Leader to determine the legality of the rates being charged by the Lexington Herald-Leader for statutorily required publishing, and to seek any other appropriate relief. Number 15, 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 relocation of overhead facilities to underground for the South Limestone Streetscape Project at a cost not to exceed $9755. Number 16, a 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 17. A resolution authorizing and directing the Mayor on behalf of the Irving County Government to execute Change Order Number 01 to 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 18. A resolution authorizing and directing the Mayor on behalf of the Irving County Government to execute an agreement with Lexington Opera S- Society Incorporated for $175 for the office of the Irving County Council at a cost not to exceed the sum stated. Number 19. A resolution authorizing and directing the Mayor on behalf of the Irving County Government to execute certificates of consideration and any other necessary documents for property interests needed for the Rookwood Parkway Stormwater Improvement Project at a cost not to exceed $3500. Number 20. A resolution authorizing and directing the Mayor on behalf of the Irving County Government to execute a con, certificate of consideration and accepted the conveying greenway from Ball & Bryant LLC for property located at 6500 Man-O-War Boulevard in the Blackford Property Subdivision at no cost to the Irving County Government. 21. A resolution authorizing and directing the Mayor on behalf of the Irving County Government to execute a partial release of easement, releasing a portion of sanitary sewer easement on property located at 149 Old Town Walk. Vice-Mayor, move approval. Second. There's a motion. There's a motion and approval. Is there any discussion? All right. We need to roll. Roll call vote. Madam Clerk. Mr. Lane. Yes. Ms. Lawless. Yes. Mr. Martin. Yes. Mr. McCord. Yes. Mr. Meyers. Yes. Mr. Stennett. Yes, ma'am. Mr. Beard. Aye. Mr. Blues. Uh, no on 14, yes on the rest. Thank you. Ms. Crosby. Yes. Mr. Ehlinger. Yes. Ms. Figal. Yes. Ms. Gordon. Uh, no on 14, yes on the rest. Mr. Gray. Uh, no on 15 and 16, yes on the rest. Oh, Lord. Ms. Henson. Yes. And me... Uh, okay. Thank you. I think councilmember . Councilmember Lawless. Yes. I meant to say yes on all but, um, 14, no on 14. Okay. I'll denote that in the record. Those pass. All right. Those, um, those resolutions pass then. We're ready for resolutions entitled To First Reading. What's the ... Point of order, Co- Councilmember Figal. Point of order. Mm-hmm. Um, I think there was, um, a change in a vote just made, and I know that I was denied that opportunity to do that a couple of meetings ago. finish, though. I just want that clarified. Was that a vote change? The vote wasn't. I don't think the vote was finished in this case. Hadn't been declared. Uh, the clerk tells me that it was. Tech- technically, I had pushed the record button. I'll- Okay. It's until everybody votes. ... take the parliamentarians' vote. And every- Only the chair declares the vote called, so the chair had not closed the voting yet. All right. Resolutions for first, for s- first reading. Resolution number 22. A resolution accepting the bid of Fire Alarm Pros LLC establishing a price contract for fire alarm monitoring and maintenance for the Division of Facilities and Fleet Management. 23. A resolution accepting the bid of Worldwide Equipment Incorporated establishing a price contract for refuse cabs and chassis for the Division of Facilities and Fleet Management. 24. A resolution accepting the bid of Chelsea, Chelsea Associates Incorporated in the amount of $34,900 for progressive cavity pumps for the Division of Water Quality. 25. A resolution accepting the bid of LagCo Incorporated in the amount of $30,774 for North Point Detention Basin repair for the Division of Water Quality and authorizing and directing the Mayor on behalf of the Irving County Government to execute an agreement with LagCo Incorporated related to the bid. 26. A resolution a- accepting the bid of People Plus Incorporated establishing a price contract for temporary labor for the Division of Emergency Management 911 and authorizing and directing the Mayor on behalf of the Irving County Government to execute an agreement with People Plus Incorporated related to the bid. Number 27. A resolution accepting the bid of ZKB Construction Services LLC establishing a price contract for snow removal various locations for the Division of Facilities and Fleet Management. Number 28. A resolution accepting the bid of LexPress establishing a price contract for newsletters for Waste Management for the Department of Environmental Quality. Number 29. A resolution accepting the bids of Athens Paper Company, Ex-Pedex, Self-Ed Inter-Bureau Packaging, Bauman Paper Company, and Paper Products Incorporated Diversified Distribution Companies, establishing price contracts for janitory supplies for the Division of Facilities and Fleet Management. Number 30. A resolution of the Lexington-Fayette Urban County Government accepting the lowest and best bid received for the purchase of $35,960,000 principal amount of the Lexington-Fayette Urban County Government tra-taxable Sewer R- System Revenue Bonds Series 2009 Build America Bonds, Direct Pay, and providing for the interest rates and bond maturities in respect of such to Series 2009 Bonds and taking other related actions. 31. A resolution endorsing the 2010 Census and notifying the Urban County Government's partner agencies of such endorsement. 32. A resolution a- authorizing and directing the Mayor on behalf of the Urban County Government to execute an agreement with Bluegrass Community Foundation, $1,400 for the Office of the Urban County Council at a cost not to exceed the sum stated. 33. A resolution authorizing and directing the Mayor on behalf of the Urban County Government to accept a der- donation from Kentucky Division, Kentucky's Division of Emergency Management of vital sign monitors for use at the Division of Fire and Emergency Services at no cost to the Urban County Government. 34. A resolution authorizing and pur- the purchase of Heil Python multipack refuse truck bodies from Central In-Indiana Truck Equipment Corporation, a sole source provider at a cost not to exceed $161,358 each and total cost not to exceed $3,872,592. 35. A resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a certificate of consideration and to accept a deed for the property located at 137 Northwood Drive from Joseph and Angela Gullet for the Northwood St- Drive Storm Water Project, and authorizing payment in the amount of $113,200 plus usual and appropriate closing costs. 36. A resolution ratifying the probationary civil service appointment of Thomas Thompson, Security Officer, Grade 106N $14.765 hourly in the Department of General Services effective October 26th, 2009, and approving the unclassified civil service appointment of Linda Rumpke, Commissioner of Finance and Administration, Grade 211E, $4,807.70 bi-weekly in the Department of Finance and Administration effective October 19th, 2009. Number 37. A resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute agreements with the Kentucky Council on Economic Education Incorporated, $1,650, and Bryan Station High School PTSA Incorporated, $1,000, for the Office of the Urban County Council at a cost not to exceed the sum stated. Number 38. A resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute and submit a grant application to the Kentucky Energy and En- Environment Cabinet and to provide any additional information requested in connection with this grant application, which grant funds are in the, for the continuation of the Litter Abatement Granting, Grant Funding Program in Fayette County for FY2010. 39. A resolution authorizing and directing the Mayor on behalf of the Urban 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 $7,500 federal funds from the Fire Prevention and Safety Grant Program and are for public education materials for the Division of Fire and Emergency Services. Number 40. A resolution authorizing and direct, and approving the purchase of excess liability insurance from Ironshore Insurance Limited through the Kentucky League of Cities for the term of November 1, 2009 to July 1, 2010 at a cost not to exceed $433,250, and authorizing and directing the Mayor on behalf of the Urban County Government to execute all necessary documents to accomplish the same. Number 41. A resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an agreement with US Geological Survey for the continuing and ongoing maintenance and operation of existing stream flow and precipitation gauges at a cost not to exceed $86,910. 42. A resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an agreement with Volunteers of America of Kentucky Incorporated for support of emergency housing for homeless families at a cost not to exceed $8,000. 43. A resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a release of easement, releasing a utility easement on property located at 1051 through 1131 Floyd Drive. 44. A resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute Change Order Number Two to the contract with Strand Associates Incorporated for the feasibility study and engineering design of the Legacy Trail Project, increasing the contract price by the sum of $40,700 from $1,069,300 to $1,110,000. 45. A resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a Change Order Number Two to the contract with CMH of Kentucky Incorporated doing business as Love Homes Number 853 for temporary housing for the Newtown Pike Extension, to increase in the contract price by the sum of $90,262.72 from $718,243.76 to $808,506.48. 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 Woodall Construction Company Incorporated for the South End Park Temporary Housing Development for the Newtown Pike Extension Project, increasing the contract price by the sum of $42,010.30 from $792,745.53 to $834,755.83. 47. A resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an agreem- assignment of license agreement with the Cincinnati, New Orleans, and Texas Pacific Railway Company and Progressive Capital Group LLC for a public sanitary sewer under railway property at 524 Angeliana Avenue at no cost to the Urban County Government. 48. 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 the 911 Coordinator Commercial Mobile Radio Service Board for modification of the agreement for expansion of the Central Kentucky 911 network to permit the participation of additional public service answering points and to extend the agreement through August 31, 2010. 49, a resolution authorizing and directing the mayor on behalf of the Urban County government to execute an agreement with the Fayette County Attorney's Office for employment of a full, full-time gang enforcement specialist at a cost not to exceed $144,000 in Justice Assistance Recovery Grant Funds. Number 50, a resolution authorizing and directing the mayor on behalf of the Urban County government to execute an agreement with the Office of the Fayette County Sheriff for the employment of an i- full-time sergeant to serve as extradition coordinator at a cost not to exceed $135,000 in Justice Assistance Recovery Grant Funds. Number 51, a resolution requesting the, that the legislature amend KRS 512.080 to expressly authorize Urban County Government, uh, Urban County Governments and other local governments to issue civil fines for unlawfully posting advertisements, posters, notices, or other matters to public property, and hereby notifying Governor Stever, Steve Beshear, Senate President David L. Williams, House Speaker Greg Stumbo, and Fayette County's legislators of this resolution in authorizing and directing the director of government relations to take any other appropriate ac-action consistent with the intent of this resolution. Number 52, a resolution adopting a naming policy for the Lexington Urban County Government Division of Parks and Recreation Facilities. Number 53, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a rental agreement with the Lexington Center Corporation for use of the Opera House at a cost not to exceed $9,100. Number 54, a resolution changing the street name and property address number of 925 Newtown Pike to 603 Agkaller Drive, of 651 West New Circle Road to 1501 Colesboro Circle, of 2496 Fortune Drive to 2101 Cornerstone Drive, of ninety-six, 961 1/2 Delaware Avenue to 400 Dallas Avenue, of 515 Lagonda Avenue to one, to 1115 Delaware Avenue, of 4068 Haley Road to 4179 Hedger Lane, of 811 Star Chute Parkway to 28585 Liberty Road, of 956 Midnight Pass to 1152 Monarch Street, of 1699 Redd Road to 4825 Paynes Mill Road, of 201 West Reynolds Road to 243 Rousio Way, of 194 Saint Anne Drive to 189 Saint Philip Drive, and of 215 Patterson Street to 150 Tucker Street. Change in the property address numbers of 270 Argonne Circle Units A and B to 270 Argonne Circle E- Suites 102 and 101, of 3871 Brannum Park to 3853 Brannum Park, of 3589 through 3673 Combs Ferry Road to 3583 Combs Ferry Road, of 1101 to let, through 1115 Delaware Avenue to 1107 Delaware Avenue, of 707 through 709 Downs Avenue to 707 Downs Avenue, of 106 through 116 Esplanade to 112 Esplanade, of 1, of 890 through 894 East High Street to 890 East High Street, of 1401 1/4 High Lawn Avenue to 1403 High Lawn Avenue, of 631 North Limestone to 629 North Limestone, of 364 Longview Plaza to 356 Long View Plaza, of 1203 Monroe Avenue to 1207 Monroe Avenue, of 336 through 340 Richmond Avenue to 340 Richmond Avenue, and of 457, also known as Plat 4th Slide 498 Lot 2, 22, 455, 457 also known Plat, also known as Plat N Slide 497 Lot 23, and 461 Weston Park to 455, 457, 461, and 463 Weston Park, and changing the street name of 1700, 1701, 1704, and 1705 Lindy Lane to 1700, 1701, 1704, and 1705 Lindy Court, and of 4000, 4001, and 4004 Locamere Place to 4000, 4001, and 4004 Locamere Court, all effective 30 days from passage. 55, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a memorandum of agreement with the Kentucky Institute for International Studies for Spanish instruction at a cost not to exceed $29,994. And then- Madam Clerk? Yes. Excuse me. You were on a roll there. I hated to interrupt you. But I think somewhat we do have, we, we agreed, the council agreed earlier that we would, uh, offer this time for citizens who have, um, signed up to speak tonight on item number 56 on the agenda, on the, um, on the resolutions for first reading. So we have several of you all signed up to speak, but I have, uh, there's been a whispering in my ear that only one may speak. I'm the lucky guy. Hark, yeah. All right. Hark, you'll give us your name and address. I certainly will. You know, if you take everybody's three minutes here, including Bernard, you got about 40 minutes. You giving them your time tonight, Bernard? I promise I won't. No. My comments will be more general, not specific. All right. Okay. Okay. Thank you, Vice Mayor. Thank you, Council. Uh, my name's Hark Pickett. I live at 228 Forest Park Road here in Lexington. Um, we, we all came with a different, uh, thing to speak about tonight, but we've kind of quickly, uh, pivoted on that, understanding that the council, uh, recognizes the concern that we've been driving here, and we really appreciate, uh, the hard work that's gone into that. Um, this moratorium, it, it, there's the recognition that, uh, it's needed, and, uh, the first step to solving a problem is obviously recognizing that you have one, and we thank you, um, for that piece of it. Uh- We look forward to continued engagement. Um, Council Member Martin mentioned the other day that, uh, to take the feet from the fire and to lose that engagement would be to, uh, y- y- be detrimental to a permanent long-term solution. And none of us wanna see that happen. And we, we look forward to your leadership, um, in bringing us all together to get that done on a long-term basis. Um, Diane Lawless, appreciate your driving this really hard. Uh, Linda Gordon, Council Member Crosby, all of you that have had, uh, a part in this, and to the, uh, private, the, the private associations that have, uh, supported our interests as well. Um, we look forward to, to continuing, uh, the discussion and working towards a long-term solution. So, thank you very much on behalf of, uh, the folks that are here with me. Thanks. Thank you, Mr. Pickett. I'm told by Mr. Green that, uh, Dorothy Freeman is here as well, maybe to speak. Uh, oh, he's alr- okay. Thank you. I was, uh ... We thought maybe, Dorothy, you were gonna speak, um, not on a different subject, but in a different point of view. But that's ... Okay, good. All right. Bernard, did you wanna speak now to this, or later? No, not at this. At the ... Not to this specific- Not to this specific. This will be agreed, but not to just this. Well, then maybe at the end? All righty. Does he know the procedure? I think he knows the procedure, yeah. All right, then we can proceed. Madam Clerk, thank you. Resolution number 56. A resolution declaring a moratorium in the single family residential R1A, R1B, R1C, R1D, and R1E zones, townhouse residential R1T zone, and two-family residential R2 zone for properties located within the boundaries of the Third Council District, excluding any properties lying within a Neighborhood Character Design overlay, ND1, zone or in Historic overlay, H1, zone, on the issuance of building permits for additions to existing structures, which exceed 25% of the square footage of the existing structure unless the purp- proposed addition would result in a financial ... Excuse me, in a final structure that would not exceed a total of 1,500 square feet, directing the Division of Building Inspection to refuse to issue building permits for additions to existing structures, which would exceed 25% of the stru- square footage of the existing structure, unless the proposed addition would result in a final structure that would not exceed a total of 1,500 square feet for the duration of the moratorium, establishing the purp- purpose of the moratorium to allow the urban county government sufficient time to study existing regulations to protect the character of existing residential neighborhoods and setting the duration of a moratorium to be six months- I think that's it. ... or when the council takes final action- I move to suspend. ... on proposed, on excu- on possible amendments to the text of the zoning ordinance or map amendments for certain residential areas, whichever event occurs first. Thank you, Madam Clerk. Are there motions? Uh, Council Member Gordon. Thank you, Vice Mayor. Um, I move to suspend the rules and give second thr- reading to number 30. And Council members, just for your information, the sale of these sewer bonds was today at 11 o'clock. And, um, the bid winner is named. And so we have to get two readings tonight in order to close on the bond sale next week. Council Member Myers' electronic panel isn't working apparently, and he has asked me twice to be number two on this. You're up, Council Member Myers. Thank you, Vice Mayor. Hope you'll, uh, hold off Council Member Lawless. Let's suspend the rules and give second reading to number 31. And that's the resolution for the, um, census, so we can get that moving. And then, uh, number 36, so we have a incumbent that is ready to start work tomorrow. Or Monday. She's ready tomorrow, but she's gonna wait till Monday. Nominee, you mean. Nominee, yeah. 36. Is it 36? Okay. All right. Council Member Lawless. Thank you, Vice Mayor. I'd like to suspend the rules and ask for a second reading on number 56. I know this is, uh, unusual, uh, on something so significant. However, um, there's been a lot of debate and a lot of hard work by a lot of people and would like to move this forward. So I move to ask for a second reading on number 56. Council Member Blues. Thank you, Vice Mayor. Number 38, please, so we can move this grant application forward. Council Member Stennet. Thank you, Vice Mayor. Number 35, so we can finish this project. This is the last house on this street that we're buying, as well as 37, which are NDF funds, so we can get these organizations before the events start. And number 40, which our deadline is November 1st to get this policy activated, and we will, will not meet again until then. Thank you, Vice Mayor. Council Member McCord. Thank you, Vice Mayor. Uh, second reading on 39. Uh, this is due, uh, because of the application is actually due on October 23rd. Uh, 49 and 50, uh, and that's because the recovery, uh, contract needs to be implemented before, uh, next, before November 5th. It was, it was 49 and 50? That is correct. Okay. Council Member Martin. Thank you, Vice Mayor. I, I move to, uh, suspend the rules to give a second reading to item number 48. Uh, this is a public safety issue, safety issue regarding the 911 network. So moved. I'm sorry, du- 48. ... 48? My monitor is having convulsions over here. Did I miss you, Council Member Feigl? Are you... You're not... No, that was from the last one. Okay, um, it's... Yeah. Am I missing anybody? That's it? Okay. So we have, uh, just to reconcile, um, number 30, 31, 36, 56, 38, 35- Right, he's going in the order they came in. Pardon? Yeah, in the order read out. I think it's 30. Oh, okay. All right, here we go. 30, 31, 35, 36, 37, 38, 39, 40, 48, 49, 50, and 56. Is that good? Second. There's a motion and a second to suspend and give a second reading to these resolutions. Is there a discussion? Council Member Feigl? I have a discussion. I would like to, um, pull out number 56 and vote on that separately, please. Okay. The motion is to pull out number 56, remove number 56 and s- vote on it separately. Is there a discussion? All in favor, please indicate by saying aye. Aye. All opposed, no? Motion carries. Okay. So we have a motion and a second to vote on all except number 56, so it's appropriate then for us to vote on all but number 56. And we have a motion, a second, right? Yes. All in favor? Aye. Please indicate by saying aye. Aye. All oppose, no? That motion carries. Now number 56. All in favor? She didn't call the roll on this, does she? No. No. You do. You do electronic vote. She gets second reading. Yeah, but we still need to do 56 though. We need to do 56 first. To re- We're doing it now, for a secon- for a second read. To suspend the rules. We have to vote to s- Number 56. Do 56 now. Let's do an electronic vote. All in favor of number 56, to suspend the rules to vote on number 56 separately, please indicate by saying aye. Aye. All oppose, no. All right. So now we can vote on all but number 56. All right. She needs to give a, she needs a second reading. No. Okay. You... I think, I think we're ready to do second readings now, though. Second reading on 56? Of the... Second, uh, yeah. On all but number 56. On all of those who are... Yeah, yeah, yeah. Right. All those that have been voted on. Thank you. Thank you. Thank you. Just that the previous two motions. Yep. Thank you. That's correct. Resolution number 30. That's fine. It's good. Because she's left. Because she left you. Resolution of the Lexan Fayette Urban County Government accepting the lowest and best bid received for the purchase of $35,960,000 principal amount of the Lexan Fayette Urban County Government taxable sewer system revenue bo- bonds, Series 2009 Build America Bonds, direct pay, and providing for the interest rates and bond maturities and respect of such Series 2009 bonds and taking other related actions. Number 31, a resolution endorsing the 2010 census and notifying the Urban County Government's partner agencies of such endorsement. Number 35, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a certificate of consideration and to accept a deed for the property located at 137 Northwood Drive from Joseph and Angela Gullet for the Northwood Drive Stormwater Project, and authorizing payment in the amount of $113,200, plus usual and appropriate closing costs. Number 36, a resolution au- ratifying the probationary civil service appointment of Thomas T- Thompson, Security Officer Grade 106N, 14.765 hourly in the Department of General Services effective October 26, 2009, and approving the unclassified civil service appointment of Linda Romke, Commissioner of Finance and Administration, grade 1, 211E 480770 bi-weekly in the Department of Finance and Administration, effective October 19th, 2009. Number 37, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute agreements with the Kentucky Council on Economic Education Incorporated $1,650, and Bryan Station High School PTSA Incorporated, $1,000, for the Office of the Urban County Council, at a cost not to exceed the sums stated. Number 38, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute and submit a grant application to the Kentucky Energy and Environmental, Environment Cabinet and to provide any additional information requested in connection with this grant application, which grant funds are for continuation of the Litter Abatement Grant Funding Program in Fayette County, FY 2010. Number 39, a resolution authorizing and directing the mayor on behalf of the Urban 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 $77,500 federal funds from the Fire Prevention and Safety Grant Program, and are for the public education materials for the Division of Fire and Emergency Services. Number 40. 47, a resolution authorizing and ap- and approving the purchase of Excess Liability Insurance from Iron Shore Insurance Limited through the Kentucky League of Cities for the term of November 1, 2009 through, to July 1, 2010 at a cost not to exceed $433,250, and authorizing and directing the Mayor on behalf of the Irvin County government to execute all necessary documents to accomplish the same. Number 48, a resolution authorizing and directing the Mayor on behalf of the Irvin County government to execute an amendment to agreement with the Kentucky Office of the 911 Coordinator Commercial Mobile Radio Service Board for modification of the agreement for expansion of the Central Kentucky 911 network to permit the participation of additional public service answering points and to extend the agreement through August 31, 2010. Number 49, a resolution authorizing and directing the Mayor on behalf of the Irvin County government to execute an agreement with the Fayette County Attorney's Office for employment of a full-time gang enforcement specialist at a cost not to exceed $144,000 in Justice Assistance Recovery Grant funds. Number 50, a resolution authorizing and directing the Mayor on behalf of the Irvin County government to execute an agreement with the Office of the Fayette County Sheriff for employment of a full-time sergeant to serve as Extradition Coordinator at a cost not to exceed $135,000 in Justice Assistance Recovery Grant funds. And number 56, a resolution declaring a moratorium in the single family residential R1A, R1B, R1C, R1D, and R1E zones, townhouse residential R1T zone- Except for those bottom ones. ... and two-family residential R2 zone for properties located within the boundaries of the 3rd Council District- Except for, that should be, 70- ... excluding any properties lying within the neighborhood- Point of order. Councilmember Feigl. I don't think we voted yet to have the second reading. We did. We did? On 56. Everybody was for it, nobody voted against it. Second. Second. Councilmember Martin. Okay, I t- I totally- Trying to clarify, yeah. ... misunderstood- Mr. Vice Mayor, I- ... procedure. I think th- the vote was, was made twice to, um, to, to bifurcate the, the, that item 56 from the main list of second readings. So it might be appropriate for us just to make that vote again, and then ha- have her second read that just out of caution. To vote for it? You don't- There was three votes made. Yeah. The first vote was to separate it out for the second reading vote. Right. That was done. The next vote was to give second reading to, uh, everything but 56. Then a third vote was for 56 alone, and everyone voted in favor to give 56 a- I just- I- Yes. Now, you can make the motion now to separate 56 out from the roll call vote after she finishes reading it. If you want- In order to get a secon- in order to- We need a vote for to spend the rules. To, to- I mean, is your intentions to vote on- My intention is just that I heard the same thing I think that Councilmember Feigl heard, so, a- a- and I'll just leave it at that. Th- the Council can address this any way it wishes. I, I just didn't know whether the, the, the, the vote that was taken was stated exactly the way folks maybe recall it, so. Um, a- as long as we're gonna have discussion after the second reading, that's suf- sufficient. Uh-oh. Second reading. The motion has to be made for approval, and then you can have discussion on that motion. Moved approved. We haven't finished the reading. Stop. Okay, so as soon as we finish the reading, then- Motion to approve. ... then-Councilmember Mi- Martin, okay? That gonna work? I really think the motion that, that you made the second time was misstated, um, that we really haven't voted. I'd have to go back and look at the tape to, to really know, but I, I sort of was, it was kicking around in my head, and when she made the point of order, it sort of clicked, I think. So, I- I- I'm happy with whatever the group wants to do. Uh, so, I think we voted twice to bifurcate, I think. No. Okay. Voted three times for three different things. Okay, okay. Thanks. If her motion was to separate, 'cause we were voting on whether or not to give it a second reading only. We weren't voting on the ordinance yet. Right, I understand. Mayor, Vice Mayor. Thank you, Vice Mayor. Vice Mayor. Okay. Yes, Councilmember Roberts? Can I ask the Law Department, you, were you, um, are you in agreement with what we did? I was in agreement with Councilman Feigl and Councilman Martin. I did not hear the vote stated to authorize a second reading of number 56. I heard the bifurcation vote twice. Why don't we do it again then? Why don't we do it again? Nope. Can we do it? I'd like to move that we give a second reading to number 56. Second. There's a motion and a second to give a second reading to number 56. Now this, will this accommodate- Yes, this'll- ... the question? ... this'll do it. Okay, so- Is there a discussion now? ... is there discussion? Is there discussion now? Thank you. As many of you know, I probab- I don't care to have second readings on any motions. Because I feel like a first reading and, and second reading as described by law is in order to give the public two different opportunities to speak to the issues before the Council makes a decision. So those are very difficu- difficult for, for me to, to handle in the first place. Secondly, I think this is a very serious issue. Many of the items that we, um, approve for second reading are pretty much housekeeping issues. Uh, and, and so there probably isn't a lot of, um- ... reason to hold that up other than it's, you know, just a personal issue of mine, but I don't vote against it. But this is a very important issue. Uh, while I s- I'm probably gonna support it, uh, but I do feel like that it's a very important issue, and it's going to impact a lot of people, uh, certainly provide relief for the people near the university area. But at the same time, it's also going to impact families who are contemplating doing a, um, an addition to their home to provide needed space. And although we have been promised that there will be a process for those people to, to get through that and, and be able to make their addition, that process is not outlined in this ordinance. And I would like to see it written how that process will work for those folks who want legitimately to, to make an addition to their home. Um, and this is why I feel like a second reading tonight might not be an appropriate thing to do, because we haven't had an opportunity to hear from other folks. They may not have known it was gonna be on the agenda tonight if they were contemplating an addition to their home. Um, I'd also actually like to see it reduced to three months with the possibility of a three-month extension. Uh, there is a very quick solution to this problem, uh, and that is with an ND1 overlay. And that's what many of the other neighborhoods have done, and there is a model in place for that. And it would be very easy to expedite that because the model is in place. And I think that with three months with a three-month extension would certainly make this ex- be expedited, uh, by the, by the, uh, the neighborhood organizations. But primarily, I just, I have a real problem by having a second reading tonight and not providing those hearings to the public that they are provided by law to res- to speak to the council before it takes action, action on this very significant issue. Thank you. Any further discussion? I have several names showing up on my monitor, but that's not for this. All right. Okay. Are we ready for a vote? All in favor? We're waiting on No, no. Just to suspend the rules for Just to suspend the rules, this motion, and the second to suspend the rules on number 56. This is a clarification, basically. All in favor, please say aye. Aye. All opposed, no. Motion carries. Okay, now we're ready for a roll call. No, I have to give second reading on number 56. You got to read on 50- 56. Yes, sir. Yes, ma'am. Thank you. You're welcome. Number 56 for second reading, a resolution declaring a moratorium in the single family residential R1A, R1B, R1C, R1D, and R1E zones, townhouse residential R1T zone, and two-family residential R2 zone for properties located within the boundaries of the Third Council District, excluding any properties lying within a Neighborhood Character Design overlay in D1 zone or an historic overlay H1 zone on the issuance of building permits for additions to existing structures which exceed 25% of the square footage of the existing structure unless the proposed addition would result in a final structure that would not exceed a total of 1500 square feet, directing the Division of Building Inspection to refuse to issue building permits for additions to existing structures which would exceed 25% of the square footage of the existing structure unless the proposed addition would result in a final structure that would not exceed a total of 1500 square feet. For the duration of the moratorium, establishing the purpose of the moratorium to allow the Irwin County government sufficient time to study existing regulations to protect the character of existing residential neighborhoods and setting the duration of the moratorium to be six months, or when the council takes final action on possible amendments to the text of the zoning ordinance or map amendments for certain residential areas, whichever event occurs first. Now it's time for a motion for second- for approval of all Move approval. Second. There's a motion and a second. Is there discussion? Hearing none, all in favor- This is, this is a motion just on this one item? All items? All. Right. Then I would like to separate those. Sorry. We're doing a roll call. We're doing a roll call so you could separate for... Just roll call. Thank you. Julian's on to speak. Second. And so is Donald . Okay. We have the monitor showing, um- Maybe they want to speak. ... Mr. Martin- She made a motion and a second. Go ahead. ... and Ms. Beard. Okay. There's motion and a second. Is there discussion? A motion... Yeah. What's the motion? She wants to ... speak. But I think... Okay. There is a motion and a second to separate. Is there a discussion? We're doing a roll call. No discussion on the roll call issue? Okay. All in f- favor of separating, please indicate by saying aye. Aye. All opposed, no. Motion carries. Okay. Now, there are people signed up to speak. Now, there are those that are signed up to speak on- I'm, uh, I'm here. ... the motion. Vice Mayor, I made a motion to approve. Right. Second. And so there are people signed up to speak. All right. I'm showing Council Member Martin. I've had Council Member Blues up. Did you rescind? My monitor is not functioning too well, so Council Member Beard. I -- I'm sorry. I may have forgotten what I wanted to say, but that's not actually true. Um, I spent about 30, 30 minutes on the phone this morning with Steve Byers at the University of Kentucky, uh, concerning this issue and, and the student housing issue in general. And there have been many things that have been said. Some of the information we've gotten from the university in the past is not totally accurate. I think everybody needs to understand that, in fairness to, uh, to the university. And, uh, Steve says that they will help in our efforts, whatever they may be and however they may be, during the next, uh, six months if this, uh, moratorium passes, uh, to come to, uh, uh ... They want to be part of the solution rather than part of the problem, which is, uh, v-very refreshing 'cause I, uh, I had not felt that before. And, uh, so I just thought that the, the Council ought to know that. Thank you. Thank you, Vice Mayor. Anyone else? Council Member Feigl? Yes. Um, I would like to support this. I do want to provide relief to the folks that live over there, but I, I do feel like that we have slighted some folks by not allowing them an opportunity to come in and speak a second time. And so because of that, I have to vote no against this. Anyone else? All right. Hearing none, then we're ready to vote. Uh- All but 56. Count it. All but 56, which we will separate, so ... And, and who was the second on the motion to suspend all but ... or to approve all but 56? Chuck. I'll be the second. Thank you. All right, this is the vote for all but 56. Mr. Lane? Yes. Ms. Lawless? Yes. Mr. Martin? Yes. Mr. McCord? Yes. Mr. Meyers? Yes. Mr. Stennet? Yes. Mr. Beard? Aye. Mr. Blues? Yes. Ms. Crosby? Yes. Mr. Ellinger? Yes. Ms. Feigl? Yes. Ms. Gordon? Aye. Mr. Gray? Yes. Ms. Henson? Yes. 'Kay. Now we're ready for 56. I need a motion. Move approval. Second. Motion and a second. Is there discussion? Hearing none, ready to take the vote. Mr. Lane? Yes. Ms. Lawless? Yes. Mr. Martin? Yes. Mr. McCord? Yes. Mr. Meyers? Yes. Mr. Stennet? Yes, ma'am. Mr. Beard? Aye. Mr. Blues? Yes. Ms. Crosby? Yes. Mr. Ellinger? Yes. Ms. Feigl? Yeah. Ms. Gordon? Aye. Mr. Gray? Yes. And Ms. Henson? Yes. Thank you. Thank you, Madam Clerk. The motion carries. And next on our agenda, communications from the mayor. Move to approve. Second. There is a, uh, motion and a second to approve the communications from the mayor. Are there, is there any discussion? No discussion. Hearing none, all in favor, please say aye. Aye. All oppose, no. Motion carries. We do have, um, how about this report? No? Nothing on that? Okay. Uh, we do have a couple of announcements, I believe. Disciplinary actions. Good evening. I have a couple of agreements of, uh, conformities to, to bring before the Council today. The first one is Officer Gerald Strong, uh, who is, uh, charged with, uh, General Order 73-2H Operational Rules Section 101, 60-day suspension without pay, and mandatory employee assistance program was offered and accepted by Officer Strong. And this matter is brought before the Council for approval. Move to accept. Second. There's a motion and a second to accept Assistant Chief Henderson's recommendations. Um, thank you, Chief. I apologize for not introducing you on the way up here. Forgive me. That's all right. Um, so there's a motion and a second. Is there any discussion? Hearing none. All in favor, please say aye. Aye. All oppose, no. Motion carries. Okay. I have one more. Yes, sir. Officer Andre Grider, charged with General Orders 73-2H Operational Rules Section 102, misconduct, 10-hour suspension without pay was offered and accepted. This matter is also being brought forth for approval. Move approval. Second. Motion and a second. Is there any discussion? All in favor- Aye. ... please say, "Aye." All opposed, no. Motion carries. Thank you. Thank you, Chief. Susan, did you get the p- motion and a second? I failed to declare that. Thank you. All right, is there any further- Action ba- needs to come c- for the council. ... Jillian? Uh, w- we do public, uh, comment. Uh, Bernard. Announcements? Any announcements before Bernard? Yes. Wa- Bernard, if you hold for just one second. Thank you, sir. Councilmember Gordon and Councilmember Lawless have a couple of announcements. You've been patient for 30 years and you continue to be, right? Councilmember, Councilmember Lawless. Uh, I'm gonna let Councilmember Gordon go first. Oh, I just wanted to t- uh, Councilmember James asked me to let councilmembers know that she couldn't be here because she's ill. Councilmember Lawless. Thank you. Um, the ... On October 20th, the Mintail Neighborhood Association will be having their quarterly meeting. Um, I also caught a segment on The Today Show about a young man, um, named Adam Bender from Lexington, Kentucky, who, um, lost his leg as a ver- a ... maybe one or two years old. He's about 10 now, and, uh, plays all kinds of suppor- sports. And, um, so it was really nice to see him and his family and Lexington, Kentucky featured on that, so congratulations to him. Uh, also, the Elizabeth Street Neighborhood Association meeting will be at seven o'clock at the First Christian Church on Audubon Avenue. Um, and that's a- uh, huh? On the 20th also. Every third Tuesday. Every third Tuesday. Um, I also wanted to make a comment about the flu. Um, there is a, um, member of our staff that has been, um, diagnosed with H1N1 flu. And so I called the Flu Hotline, which I'd like to give out. It's 288-7529. Um, and wanted to just share a little bit of information if that's okay. Um, the virus only stays on surfaces that are touched for two to eight hours. Um, the, uh, H1N1. Um, su- it usually has sudden onset cough, a fever of 100 or higher, chills, headache, sore throat, stuffy nose, muscle aches, fatigue, sometimes diarrhea, vomiting, and abdominal pain, but not always, uh, and extreme fatigue. Um, they suggest that you, um, stay out of the public for at least seven days and for 24 hours after the fever is gone, um, without any medication. So please, if you have a fever, stay home. You're contagious during all of that time, and it can be very serious. Also, if your symptoms get worse, get to a physician or call your physician's o- office as soon as possible. Thank you. Thank you, Councilmember Lawless. Mr. McCarthy. Hold on. Hold on. Whoa, whoa, whoa, whoa. Councilmember, Councilmember Crosby. I'm so sorry. I just wanted to remind my colleagues that, uh, uh, if you're up for it, afterwards, a few of us are heading over to the Citizens Police Academy Chili Cook-Off. I've been assured they still have plenty of hot sauce left, so if anybody wants to join me, we'll be heading over there after this. Thank you. Thank you, Councilmember Crosby. Anybody else? All right. Mr. McCarthy. First off, I think that this government should quit bribing businesses to migrate here through tax breaks. This is why you don't have the revenue to build the infrastructure to cope with all the growth that keeps continuing. I mean, when you give a business a tax break to get it to migrate here, inevitably, more workers migrate here. And we still have just as many unemployed local residents as ever. Second, I think that you should charge all new construction of buildings or additions onto buildings should be charged an impact fee, added to the price of their building permit, to go toward building more road capacity. And while the rates perhaps would be different for different categories of land use, commercial versus residential versus industrial, all of them, all new growth of all those categories should be taxed to cover the burden inflicted on the infrastructure. If someone builds a factory in this county, but the houses that the workers are going to live in get built in a neighboring county, well, this county should charge impact fees on the factory, but whatever county the houses get built in should charge impact fees on those houses. Bring that up since what you pointed out, what Mr. Beard pointed out a few weeks ago about all the people wind up commuting into here from the neighboring counties. Whichever end of the trip is in this county should be paying impact fees to this government. And finally, while it's not specific to just Item 56, these people do bring up an issue when you're haggling over whether to expand the urban service boundary or not, whether to have the city grow outward or upward, I believe the fuss over the vinyl box editions does prove that trying to cram more density into the established areas comes with its own set of problems, its own set of overload on the infrastructure, and either way, it's you need to provide adequate infrastructure and you need to set it out to make the growth pay its own way as much as possible. Thank you, Mr. McCarthy. Motion to adjourn. Any further... There's a motion to adjourn. Second. And a second. All in favor, please say aye. Aye. All opposed, no. We are adjourned.