Let's go ahead and call the meeting to order, if we could please. There's probably a bunch from- Madam Clerk, will you call the roll? Yep. Mr. Martin. Yes. Mr. McCord. Here. Mr. Meyers. Mr. Stinnett. Here. Mr. Beard. Present. Mr. Bluez. Here. Sit down. Ms. Crosby. Here. Mr. Ellinger. Here. Ms. Figal. Here. Miss Gorton. I think I've seen her. Mr. Gray. Here. He's absent. Uh, Ms. Henson. Here. Ms. James. Here. Mr. Lane. Here. And Ms. Lawless. Thank you very much. We have a quorum. The first item on our agenda this evening is the invocation, which will be brought to us, uh, by Reverend Troy Thomas, who is the senior pastor at the historic St. Paul AME Church. Welcome. Let us focus our attention. As we come before your presence, Father, we thank you that your grace and your mercy not only is sufficient, but also provides us with wisdom, understanding, and reasoning. We ask now that you would bless this deliberation, the opportunity for these who come to serve our community to make a difference in the lives of the constituents here in Lexington, that, God, you would be the God of grace. We ask now, God, that you would bless, encourage our hearts, and allow us to conduct the business to your glory and honor. And we thank you for all your blessings. Amen. Thank you very much, Reverend Thomas. We're now ready for the second reading of ordinances entitled A Second Reading. Madam Clerk. Ordinance Number 1, an ordinance omitting Article 17-7P and creating Articles se- 28-5H6 of the zoning ordinance to modify the mixed-use communit- community MU3 zoned to, uh, z- 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 Two, an ordinance omitting Section 21-52 of the Code of Ordinances, creating one position of minority program coordinator, grade 119E in the Division of Central Purchasing. Number Three, 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 Vacant Property Review Commission to include duties related to abandoned urban properties in assisting the Lexington-Fayette Urban County Land Bank Authority and the Urban County Council amending Section 12-83 of the Code of Ordinances to remove the nominating requirements and to change the membership to include 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 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, pl- building, plumbing, fire, or, and r- 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 notice, and to eliminate the requirement of an 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 "a recommendation as to certification" and to provide for an appeal process for an owner or other property and interest of abandoned urban property as determined pursuant to Chapter 7, Article 4 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 the notice which was mailed and hearings attempted to be scheduled and heard within 30 days of the receipt of the appeal all effective upon date of passage. Number Four, an ordinance omitting Section 2-468 of the Code of Ordinances related to the Corridor's Commission to amend the requirement of a quorum to be a majority of the voting appointed members. Number Five, an ordinance creating Section 10-33.1 in Article Three of Chapter 10 of the Code of Ordinances of the Lexington-Fayette Urban County Government to prohibit within the urban services boundary the slaughter of any animal, including it for personal consumption in any vis- area visible on- at ground level from a street, sidewalk, or neighboring properties, defining the term slaughter and providing a penalty for violation. Number Six, an ordinance omitting Section 4-2A of the Code of Ordinances relating to the care and treatment of animals to amend the definitions for adequate shade and adequate shelter. Number Seven, an ordinance omitting 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 Eight, an ordinance omitting Section 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, 2011 within the Division of Police. Excuse me, Counsel- Number Nine- Excuse me, Council Member Lane. Uh, thank you, Mayor. Uh, Council Members, if you look at the third line of Ordinance Number Nine, it should read, "The first supplemental lease agreement." It says just, "Lease Agreement." So I move to amend Ordinance Number Nine under Second Reading Ordinances to authorize and approve the execution of a first supplemental lease agreement with the Lexington-Fayette Urban County Airport Board instead of a new lease agreement. This is not a material change and does not require a new first reading. So moved. Second. So moved. We have a motion and second to amend item number nine. Any discussion? All in favor, please say aye. Aye. Opposed, no. Motion carries. Madame Clerk. Ordinance number nine as amended. An ordinance of the Council of the Lexington-Fayette Urban County Government authorizing... One, authorizing and approving the execution and delivery of a first supplemental lease agreement between the Lexington-Fayette Urban County Airport Board as 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 Au-... Airport Revenue Refunding Bonds 2009 Series A-1, Lexington-Fayette Urban County Government General Obligation Non Am- Amount, B, Lexington-Fayette Urban County Airport Board General Airport Revenue Refunding Bonds 2009 Series A-2, Lexington-Fayette Urban County Government General Obligation Non Amount, and C, Lexington-Fayette Urban County Airport Board Variable Rate General Airport Revenue Refunding Bonds 2009 Series 9, Lexington-Fayette Urban County Government General Obligation Non Am- Amount, all for the purpose of refunding, one, all the, all the, the board's outstanding $46,395,000 variable rate general airport revenue and re- re- revenue refunding bonds 2008 series A Lexington-Fayette Urban County Government General Obligation AMT, and two, a portion of the board's outstanding two-h- $26,235,000 variable rate general airport revenue and re- revenue refunding bonds tier- 2008 Series B Lexington-Fayette Urban County Government General Obligation Non Amount at the Bluegrass Airport in Fayette County, Kentucky." Excuse me, uh, Council Member Myers. Thank you, Mayor. Um, I'd like you to separate out number 10. Um. Is it- My understanding is there's an amendment to that that needs to be made. Yes, do we need to make the amendment now? If we could. Okay. That'd be great. I move to amend. Where's Ms. James? There sit- okay. I mend- I move to amend the ordinance so that it reads, and I don't have the language yet, I think they're working on it over there, that at the end of the first term, or that the board would be half appointed by the mayor and approved by the council continually, and the other half would be self-appointing after the first term, so moved. Second. I have a motion and second to amend item 10 in such a fashion as to require half of the board members to be perpetually appointed by the mayor and approved by the council and the other half to be, uh, appointed by the board themselves. Is that a fair characterization of it? That would be a material amendment, just so you are aware, and we would, um, need to give it first reading tonight if, if that amendment is approved. And the motion- So that is material- that is a material change, Mayor? Um, I, I, I would defer to the law department, but I'm fairly confident it will be. Is that a material amendment? Okay. Thank you. So we have a motion by Council Member Myers and a second by Council Member James to amend item number 10. The floor is now open for debate on the amendment. Council Member Martin. Thank you, Mayor. Um, I'd like to ask a question first and then s- and maybe be able to say something. Uh, so, so half the board would be appointed by the, the mayor in, in perpetuity. Is that right, Council Member Myers? Yes. So in 20 years half the board will still be appointed by the mayor. Is that correct? And approved by the council. I could, I could maybe support a- a- a- a- another term or two of the board being appointed by the mayor, but I do think it's a mistake to, to have a, a board that's s- perpetually appointed by, um, you know, the, you know, the government. I, for the same reasons that, that we talked about last week, that, uh, um, the, the folks who, who are the experts in nonprofit and, and arts-related, um, management think that, uh, it will hinder and, and, and hamper the ability of the, of the Lyric Theater Group to raise money over time. And so, uh, so I'm, I'm not gonna support this at this time 'cause I think that, uh, it's important that, uh, that they have the best shot that they can have to, to raise funds. So, uh, but I, I could see maybe ad- adding another term to it, but, but not really in pertuity, in perpetuity. Thank you. Council Member Myers, I think you wanted to respond, then Council Member Gordon. Thank you, Mayor. Um, thank you, Mr. Martin. I appreciate your position on that. And what I would say to you is I would ask that you would keep your mind open as we hear the rest of the debate because actually it's a compromise that was brought to me from Mr. Gene Woods, who's on the Lyric, um, task force. And so I think it's a compromise that they're comfortable with, Ms. James is comfortable with it. That's why she seconded it. I'm sure she'll speak on it in a second. So, um, that gives the, the board the ability to hold those key positions that they talked about, being fundraisers, if you will. It allows them to go ahead and be able to do that, but still function with some, uh, semblance of, of oversight from the government. So I, I think it's a compromise that everybody's comfortable with. And so I hope that you would, would listen to the rest of the debate. Thank you. Count- May I say one... I just... You may. I- i- it's just typically, most nonprofit boards don't have a few extra folks on board who they can sort of not do away with as far as raising money. It's like, "Well, we get- we have too many folks." ...who, who can help us raise money this year. Usually most nonprofits are scraping by and doing whatever they can to sort of meet budget each and every year. It's just a, they keep having to push that ball up the hill each and every year. And, and, and to, to sort of decide that half of the board's not going to be able to raise funds, I think subs- seriously hampers that board. So I'm done. I just wanted to respond. Thank you, Ma- Co- Council Member Gordon. It's maybe, it's Council Member Lane. Has he already spoken? I'm sorry. Or... I, um, I, I stand corrected. Council Member Lane, sorry. I, I ... This may sound like sort of a simple question, but which half of the board does the mayor appoint and which half does the board appoint? I think you're going to have to have some kind of formula. If somebody, uh, drops off the board in the middle of a term, who does what to whom? Now, I think you've put in a lot of layers of complication as far as how the board will be operated. Do you have an answer to that? Council Member Gordon. Thank you, Mayor. Council Member Lane asked my question and so, um, if half the board is appointed by the mayor, how are, how would those seats be designated? Has that been determined? Council Member Meyers, if you'll yield a question there. Thank you, Mayor. Um, first I'd say that, that originally the compromise was that we would pick certain positions that the mayor would continue to appoint and the council approve. In the interest of time, since we just got together our heads on this at, at about 6:30, um, we didn't have time to figure out and distinguish which positions those would be. It's a great question. Um, I'm wondering if the council would, if this motion passes, give us the latitude to figure out which positions that might be. I think Mr. Woods had a, had a recommendation on which ones they might be and he was speaking more to the professional positions like an accountant, an attorney, those kinds of positions. But I would hope that the council would give us the latitude to make that determination after this passes so that we can move it forward. If I can make one comment, um, uh, Mr. Martin said to have a board that only half can raise funds. I'm not quite sure what he means by that because no one on the board's going to be precluded from raising funds. Um, and I, I will restate that even the, even the portion of the board that's appointed by the mayor and approved by the council, the board, the current board, or the lyric task force or anybody else can still make recommendations to the mayor for those seats, even if he's or she's goin' to be the ones that appoints them. So please don't understand, please don't understand it that half the board members would not be able to be fundraisers. Thank you. Council Member Meyers, it looks like it's your turn to speak now in any event. Do you have anything further? I'm okay at this point. Thank you. All right. Council Member Beard. Thank you, Mayor. Uh, just really a clarification. Reference has been made to the mayor appointing the board in perpetuity. Uh, I think what's meant is that you'd be appointing the board seats, not the individuals themselves. And if somebody heard that any differently, I wanted that clar- clarified. Council Member James. Thank you, Mayor. Um, Council Member Meyers and I just, we did just talk, um, following our capital bond meeting. Um, and Shea Raybolt joined us at the meeting. Uh, I do have a little bit of a response on potential. I mean, there, on the board, there are some, um, that wouldn't nece- not necess- that wouldn't need mayoral appointment, um, so we would exclude those, but we do have positions that we could, that would be, um, that we could designate as mayoral appointed. I am, this was a compromise. Um, I, I, I know that the council knew that from the beginning ... Well, hopefully you knew that I, I didn't... I mentioned that I didn't have extreme heartburn, but I was worried about the fundraising component. Every person on the board, as with every other board, should have the responsibility, um, and the earnest to be responsible for, um, fundraising. So that should not diminish just because whether they're mayoral appointed or self-appointed by the board. They, that will be part of their role as being on the board. So that argument, um, is taken care of because it's not going to dismiss them just because they're not appointed. Um, I do know that, um, we ... Either way this can function. Um, I'll support the compromise, um, knowing that this is, it is in the Lyric building. You know, I th- I know that might be of concern to some that we need to have some oversight there. O- others may have other concerns of oversight. Um, I think this can work. Um, I will support the motion. Um, if you'd like for me to talk about particular positions that could be mayoral appointed, um, I have the list and it's actually on your document too. You can view your document in front of you if you want to look at that with us at the same time, but if anyone wants to s- wants to go into that discussion, we can do it now or we can do it later. Um, doesn't really matter. There are five directors, um, that are from the legal, accounting, financial, marketing or other, um, with expertise in fiscal and personnel oversight. I think that's where Council Member Meyers may have been referring, um, and those are five. And then we have, um, the one that's the mayor, the mayor or his designee, so that could, that could be considered an appointed first district council representative. That's a given. Um, and then there's two directors that are artists that could be appointed by the mayor as well. So we do have the potential there of doing a 50% appointment by the mayor that shouldn't, uh, damage the integrity of the board. Thanks, Mayor. I'd, I'd be happy to answer questions from other council members if they have them for me. Council Member Blues. I have a little hesitation. Uh- ... uh, m- moving forward with an ordinance that's still w- w- where the blanks still have to be filled in. That's, that's, uh, and, and I'd rather have a chance to read the ordinance. Uh, this is not, uh, a routine matter. I, I, it's ... So I'd like to be able to see the, the ordinance and to know exactly what we're being presented with. And I do have a question, Mayor. Would, would, would- Real quick. ... this affect the, uh, uh, the, uh, appointments that are, that are on the docket for tonight? Are there- There are no lyric- ... no lyric appointments on ... That's right. And if I just may speak for a second, if we do choose, if the council chooses to move this to, I guess, the 19th, um, the original intent from the mayor's office was to wait for the board to be to- actually formed before we brought forward appointments. But because of the timeline, we would go ahead and bring forward the names of people to fill the positions, whether they're mayoral appointment four years from now or the other side. We'll, we'll have to do it combined. I hope that, that makes sense and is okay to everybody, but we really can't delay any longer. There, there is some urgency to get show on the road, so to speak, down there. And, um, and, and one way or the other, it looks like there will be some initial mayoral appointments so we wanna try to go ahead and get that process rollin' along. Any, anything further? Uh, no, I understand the urgency. It's just that I'm a little hesitant on last minute- I understand. ... kinds of changes where we don't have anything to read. I understand. Council Member Myers. Thank you, Mayor. That's one of the reasons why I was asking if we could separate this out. I don't know if the parliamentarian would, would give us the ruling on this, or maybe the mayor can just do that. But is it possible to separate this out towards later on in the meeting? Because maybe we can pull our heads together over there with the commissioner of law and see if we can hash out which ones we want to designate as mayoral appointed and then come back with the full council with the language so that we can give it first reading tonight. And I really, my goal would be to get second reading on this so that we could go ahead and move forward. I mean, we've all determined that there's gonna be a board. We're just really kinda haggling about, you know, who's gonna appoint them and for how long that appointment is gonna be made. So, um, do we have to have a motion to separate it out to do that? I think that's the most appropriate motion. Okay, so I move to table this till later on in the meeting, with the hopes that we can hash out what positions will be what and then bring it back for a full vote. How about if we table it until the, um, until the end of, uh, resolutions- Okay. ... tonight? All right. So moved. We'll bring the item back up then. I have a motion and second. Any discussion? All in favor say aye. Aye. Opposed, no. Motion carries. That takes us down, um, that concludes the reading of the ordinance then, ordinances entitled to first reading. Uh, is there a motion to approve those ordinances? So moved. I have a motion by Council Member Wayne and a second by Council Member Crosby to approve ordinances one through nine. Any discussion? Seeing none, we'll proceed to vote. Those in favor, please indicate by voting aye electronically. Those opposed, please indicate by voting nay electronically. And Madam Clerk, please call the roll. Sorry. Okay. Mr. Martin. Nay. Mr. McCord. Yes. Mr. Meyers. Yes. Mr. Stennett. Yes. Mr. Beard. Ah. Mr. Blues. Yes. Ms. Crosby. Yes. Mr. Ellinger. Yes. Ms. Figal. Yes. Ms. Gordon. Aye. Mr., uh, Ms. Henson. Yes. Ms. James. Yes. Mr. Lane. Yes. Thank you. Thank you. Those ordinances are approved. That takes us down to the ordinances entitled to first reading. Madam Clerk. Ordinance Number 11, an ordinance authorizing and directing the mayor on behalf of the Irving County Government to accept a grant from the Kentucky Justice and Public Safety Cabinet, which grant funds are in the amount of $75,000 federal funds are for continuation of the Motor Carrier Safety Assistance Program, the acceptance of which obligates the Irving County Government for the expenditure of $18,750 as a local match, appropriating funds pursuant to Schedule Number 73 and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 12, an ordinance authorizing and directing the mayor on behalf of the Irving County Government to accept a grant from the US Department of Justice, which grant funds are in the amount of $181,107 federal funds under the State Criminal Alien Assistance Program are for reimbursement of costs related to the incarceration of an undocumented criminal aliens, the acceptance of which does not obligate the Irving County Government for the expenditure of funds, appropriating funds pursuant to Schedule Number 74 and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 13, an ordinance authorizing and directing the mayor on behalf of the Irving County Government to accept a grant from the US Department of Justice, which grant funds are in the amount of $5,287 federal funds are for the purchase of bulletproof vests for the Division of Police, $1,763 for the Division of Fire and Emergency Services, $1,762, and the Office of the Fayette County Sheriff, $1,762, the acceptance which obligates the Irving County Government for the expenditure of $3,525 as local match, incorporating funds pursuant to Schedule Number 76 and authorizing the mayor to ac- to transfer unencumbered funds within the grant budget. Number 14, an ordinance authorizing and directing the mayor on behalf of the Irvin County Government to execute and submit a grant application to the Kentucky Justice and Public Safety Cabinet to provide any additional information requested in connection with this grant application, and to accept this grant if the application is approved, which grant funds are in the amount of forty, $48,093 federal funds, are for the continuation of the Sexual Assault Nurse Examiner Program, the acceptance of which does obligates the Irvin County Government for the expenditure of $16,031 as a local match, appropriating funds pursuant to Schedule Number 77 and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 15, an ordinance authorizing and directing the mayor on behalf of the Irvin County Government to accept a grant from the Kentucky Office of Homeland Security, which grant funds are in the amount of $311,000. Federal funds are for the continuation of the Metropolitan Medical Response System, the acceptance of which does not obligate the Irvin County Government for the expenditure of funds, appropriating funds pursuant to Schedule number 78 and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 16, an ordinance authorizing and directing the mayor on behalf of the Irvin County Government to exec- accept a grant from the Kentucky Office of Homeland Security, which grant funds are in the amount of $71,854 federal funds are for the purchase of equipment for the Division of Police Mobile Data Computer Network System, the acceptance of which does not obligate the Irvin County Government for the expenditure of funds, appropriating funds pursuant to Schedule number 79 and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 17, an ordinance authorizing and directing the mayor on behalf of the Irvin County Government to accept a grant from the US Department of Energy, which grant funds are in the amount of $2,753,800 federal funds under the Energy Efficiency and Conservation Block Grant Program are for energy management technology for monitoring and analyzing LFUCG's energy consumption, $180,000 energy retrofits to make energy efficiency improvements to LFUCG's buildings and facilities, $1,112,800, a community energy awareness program, $297,000 community energy retrofits to provide grants to nonprofit organizations in Fayette County to reduce energy consumption, $314,000 traffic management technology, $500,000 a community bike program, $175,000 the Green Roof Education Program, $25,000 and the Recycling Efficiency Program, $150,000. The acceptance of which does not obligate the Irvin County Government for the expenditure of funds, appropriating funds pursuant to Schedule Number 80 and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 18, an ordinance authorizing and directing the mayor on behalf of the Irvin County Government to execute change order number one to the contract with Schafer Properties, LLC for the Coulevain Park Community Building, increasing the contract price by the sum of $71,459.44 from $289,750 to $361,209.44 and appropriating funds pursuant to Schedule number 81. Number 19, an ordinance authorizing and directing the mayor on behalf of the Irvin County Government to accept a grant from the Kentucky Office of Homeland Security, which grant funds are in the amount of $80,582 federal funds are for the purchase of equipment for the Division of Police's Hazardous Devices Unit, the acceptance of which does not obligate the Irvin County Government for the expenditure of funds, appropriating funds pursuant to Schedule Number 82 and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 20, an ordinance authorizing and directing the mayor on behalf of the Irvin County Government to accept a grant from the Kentucky Office of Homeland Security, which grant funds are in the amount of $117,020 federal funds are for the purchase of structural response mitigation equipment for the Division of Fire and Emergency Services. The acceptance of which does not obligate the Irvin County Government for the expenditure of funds, appropriating funds pursuant to Schedule Number 83 and authorizing the mayor to transfer unencumbered funds within the grant budget. 21, 21, an ordinance authorizing and directing the mayor on behalf of the Irvin County Government to accept a grant from the Kentucky Office of Homeland Security, which grant funds are in the amount of $82,979 federal funds are for the structural collapse response mitigation certification training for the Division of Fire and Emergency Services. Acceptance of which does not obligate the Irvin County Government for the expenditure of funds, appropriating funds pursuant to Schedule Number 84 and authorizing the mayor to transfer unencumbered funds within the grant budget. And number 22, 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 75. Thank you. That concludes the reading of the ordinances entitled the First Reading. Any motions? Seeing none. Madam Clerk, if you would, uh, give second reading to the resolutions entitled the Second Reading. Resolution number one, a resolution accepting the bid of Fire Alarm Pros, LLC establishing a price contract for a fire alarm monitoring and maintenance for the Division of Facilities and Fleet Management. Number two, 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. Number three, a resolution accepting the bid of Chelsea Associates Incorporated in the amount of $34,900 for progressive cavity pumps for the Division of Water Quality. Number four, 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 Irvin County Government to execute an agreement with Lagco Incorporated related to the bid. Number five, a resolution accepting the bid of People Plus Incorporated establishing a price contract for temporary label for the labor for the Division of Fire Emergency Management 911 and authorizing and directing the mayor on behalf of the Irvin County Government to execute a- an agreement with People Plus Incorporated related to the bid. Number six, a resolution accepting the bid of ZKB Construction Service LLC establishing a price contract for snow removal various locations for the Division of Facilities and Fleet Management. Number seven, a resolution accepting the bid of Lexpress establishing a price contract for newsletters for waste management for the Department of Environmental Quality. Number eight, a resolution accepting the bids of Athens Paper Company, ExpedX, Southfield, Interboro Packaging, Bowman Paper Company, and Paper Products Incorporated Diversified Distribution Company, establishing price contracts for janitorial supplies for the Division of Facilities and Fleet Management. Number nine, and or, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an agreement with the Bluegrass Community Foundation, $1,400 for the office of the Urban County Council at a cost not to exceed the sums, sum stated. Number 10, and, a resolution authorizing and directing the mayor on behalf of the Urban County Government to ac- accept a donation from Kentucky Divi- 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. Number 11, a resolution authorizing the purchase of Heil Python Multi-Pack refuse truck bodies from Central 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. Number 12, 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 preci- precipitation gauges at a cost not to exceed $86,910. Number 13, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an agreement with Volunteers of America Inc- of Kentucky Incorporated for support of emergency housing for homeless families at a cost not to exceed $8,000. Number 14, 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 10- 1131 Floyd Drive. Number 15, 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, uh, by the sum of $40,700 from $1,069,300 to $1,110,000. Number 16, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute 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 Project, increasing the contract price by the sum of eight- $90,262.72, from $718,243.76 to $808,506.48. Number 17, 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. Number 18, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an assignment of a 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 Angleno- Avenue at no cost to the Urban County Government. Number 19, a resolution requesting that the legislature amend KRS 512.080 to expressly authorize 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 Steve Beshear, Senate President David L. Williams, House Speaker Greg Stumbo, and Fayette County's legislators of this resolution, and authorizing and directing the Director of Government Relations to take any other appropriate action consistent with the intent of this resolution. Number 20, a resolution adopting a naming policy for the Lexington-Fayette Urban County Government Division of Parks and Recreation Facility. Number 21, 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 22, a resolution changing the street name and property address number of 925 Newtown Pike to 603 Edculler Drive, of 651 West New Circle Road to fi- 1501 Colesberry Circle, of 2496 Fortune Drive to 2101 Cornerstone Drive, of 90- 9611/2 Delaware Avenue to 400 Dalla- Dallas Avenue, of 515 Lagonda Avenue to 1115 Delaware Avenue, of 4068 Haley Road to 4179 Hedger Lane, of 811 Star Chute Parkway to 2585 Liberty Road, of 956 Midnight Pass to 1152 Monarch Street, of 1699 Red Road to 4825 Paynes Mill Road, of 201 West Reynolds Road to 243 Rousseau Way, of 194 Saint Ann Drive to 189 Saint Phillip Drive, and of 215 Patterson Street to 150 Tucker Street, changing the property address numbers of 270 Argonne Circle Units A and B to 270 Argonne Circles- Circle Suites 102 and 101, of 3871 Brannum Park to 3853 Brannum Park, of 3589 through- throu- 3673 Combs Ferry Road to 3583 Combs Ferry Road, of 1101 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 890 through 894 East High Street to 890 East High- East High Street, of 1401 and a fourth Highlawn Avenue to 1403 Highlawn Avenue, of 631 North Limestone to 629 North Limestone, of six- 364... Longview Pla- Plaza to 356 Longview 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 N-Slide-498-Lot2 to 455, 457, also known as Plat N-Slide-497-Lot23, and 461 Weston Park to 455, 457, 461, and 463 Weston Park. And changing the street name of 1700, 1701, 1704, and 1705 Linde Lane to 1700, 1701, 1704, and 1705 Linde Court, and of 4000, 4001, and 4004 Lochmere Place to 4000, 4001, and 4004 Lochmere Court, all effective 30 days from passage. Do- bill. 23. A resolution authorizing and directing the mayor on behalf of the Irwin 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. Thank you very much. That concludes the reading of resolutions entitled a second reading. Is there a motion to approve? So moved. I have a motion by Council Member Crosby and a second by Council Member Blues to approve those resolutions. Is there any discussion? Seeing none, let's vote. Those in favor pl- of approving those resolutions, please indicate by voting aye electronically. Those opposed vote nay electronically. And Madam Clerk, please call the roll. Mr. Martin. Mr. McCord. Yes. Mr. Myers. Yes. Mr. Stinnett. Mr. Beard. Aye. Mr. Blues. Ms. Crosby. Yes. Mr. Ellinger. Mr. Elinger. Yes. Miss Feigel. Aye. Miss Gorton. Aye. Miss Henson. Yes. Miss James. Yes. And Mr. Lane. Yes. Thank you, those resolutions are approved. That, uh, now takes us to item six on the docket, the reading of resolutions entitled a first reading. Madam Clerk. Resolution number 24. Resolution accepting the bid of Dixon Electric Incorporated, establishing a price contract for traffic signal installation and the maintenance for the Division of Traffic Engineering. 25. A resolution accepting the bid of ICore Technology Incorporated, establishing a price contract for EOD backpack rigging kits for the Division of Police. 26. A resolution accepting the bids of Municipal Equipment In-Corporated, Central Indiana Truck Equipment Corporation, J. Edinger and Son Incorporated, EZ Pack Holdings LLC, and Republic Diesel, establishing price contracts for refuse parts for the Division of Facilities and Fleet Management. 27. A resolution accepting the bids of Scott Health and Safety Care of Fisher Process Industries and Alpha Controls Incorporated, establishing price contracts for analog gas transmitter and one through four channel receiver for the Division of Water Quality. Number 28. A resolution accepting the bid of Claunch Construction LLC in the amount of $407,605.70 for the West Hickman Trail Project for the Division of Engineering and authorizing and directing the mayor on behalf of the Irwin County Government to execute an agreement with Claunch Construction LLC related to the bid. 29. A resolution accepting the bid of Arrow Electric, establishing a price contract for fiber optic cable installation and repair for the Division of Traffic Engineering. Number 30. A resolution accepting the bids of Wesco Distribution, Anixter Rexel Electro-Electrical and Datacom, and Graybar Electric Company, establishing a price contracts for fiber optic cable and control equipment for the Division of Traffic Engineering. 31. A resolution accepting the bid of Davis H. Elliott Construction Company Incorporated, establishing price contract for traffic signal installation for new construction and emergency repairs for the Division of Traffic Engineering. 32. A resolution authorizing and directing the mayor on behalf of the Irwin County Government to execute agreements with the Bluegrass Youth for Christ Incorporated, $150, and Bluegrass Community Action Partnership Incorporated, $800 for the Office of the Irwin County Council at a cost not to exceed the sums stated. 33. A resolution authorizing and directing the mayor on behalf of the Irwin County Government to execute a facility usage contract with the Fayette County Board of Education for the Police Athletic League at no cost to the Irwin County Government. 34. A resolution authorizing- Aye. ... and directing the mayor on behalf of the Irwin County Government to accept a donation from Bluegrass Junior Women's Club of L- an LCD television and laptop computer for use at the Division of Police at no cost to the Irwin County Government. 35. A resolution authorizing and directing the mayor on behalf of the Irwin County Government to execute change order number one to the contract with France Incorporated for HVAC upgrade, increasing the contract price by the sum of $3,527 from $120,290 to $123,817. Number 36. A resolution authorizing and directing the mayor on behalf of the Irwin County Government to execute a purchase of service agreement with an- and a lease agreement with Lexington-Fayette Animal Care and Control LLC for animal control services at a cost not to exceed $1,035,000. 37. A resolution authorizing and directing the mayor on behalf of the Irwin County Government to execute a purchase of service agreement with the Lexington Humane Society for administration of the Spay and Neuter Grant Fund Program. Number 38. A resolution authorizing and directing the mayor on behalf of the Irwin County Government to execute an amendment to agreement with Reach Incorporated for an additional $400,000 for the fo- first time home buyers program at a cost not to exceed an additional $400,000. 39. A resolution authorizing and directing the mayor on behalf of the Irwin County Government to execute an amendment to agreement with the Kentucky Transportation Cabinet to change the agreement number from the Latrobes Hope Villa Project from C-01248155 to P026281000002386. Number 40. A resolution authorizing and directing the mayor on behalf of the Irwin County Government to execute contracts with Autumn Ridge Neighborhood Association, $4500, Beaumont Residential Association, $10,000, Courtney Commons Association Incorporated, 1417, Eastland Parkway Neighborhood Association, $6,640, Harrods Hills, $8,500, and- Neighborhood Association, 3,750, Palomar Townhomes Owners Association, 6,937, Quail Run Townhouses Association, 4,787, Rabbit Run Homeowners Association, $4,500, Saddle Club of Subdivision Homeowners Association, $10,000, Spindletop Subdivision, $900, and Stewart Hall Homeowners Association, $9,569 for carrying out various neighborhood activities and improvements at a cost not to exceed $63,000. Number 41, a resolution authorizing and directing the mayor on behalf of the Irwin County Government to execute a certificate of consideration and a temporary construction easement for Ronald Martin and Barbara Martin for the property located at 3461 Clays Mill Road for the Clays Mill Road improvement project and authorizing payment in the amount of 1,575 plus usual and app- appropriate closing costs. 42, a resolution authorizing and directing the mayor on behalf of the Irwin County Government to execute a certificate of consideration and temporary construction easement from the Clays Mill Road Church of God for the property located at 3570 Clays Mill Road for the pro- Clays Mill Road improvement project and authorizing payment in the amount of two- $5,200 plus usual and appropriate closing costs. 43, a resolution authorizing and directing the mayor on behalf of the Irwin County Government to execute a lease agreement with Rachel Sovann, doing business as Sovann Silver Incorporated for space located at 130 North Broadway Street, also known as the Broadway Shops. 44, a resolution authorizing and directing the mayor on behalf of the Irwin County Government to execute change order number one to the contract with ELZA Construction for site preparation for property located at 898 Georgetown Road, increasing the contract price by the sum of $2,624.88 from $540,335.25 to $542,960.13. Number 45, a resolution authorizing and directing the mayor on behalf of the Irwin County Government to execute a special warranty deed conveying certain tracts of land known as Linley, um, Elementary School, the school bus garage site, which includes North Side Vocational School, Garden Springs Elementary School, and South Side Vocational School of the Board of Education of Fayette County, Kentucky in consideration of the full, uh, in the payment of full... of the payment in full of school building revenue bonds issued by the Irwin County Government or its predecessor, the County of Fayette, for the construction of improvements to said properties. 46, a resolution authorizing and directing the mayor on behalf of the Irwin County Government to execute a facility usage agreement with the various baseball leagues for use of baseball fields at no cost to the Irwin County Government. 47, a resolution authorizing and directing the mayor on behalf of the Irwin County Government to execute a purchase of contracts, deeds, and other necessary documents for the purchase of properties within Neighborhood Stabilization Program funds for land b- banking activities at a cost not to exceed $1,371,047. Number 48, a resolution ratifying the probationary civil service appointments of Jonathan Miller, public service worker, senior, grade 107N, 12.701 hourly in the Division of Streets and Roads, Streets, Roads and Forestry, effective November 9, 2009. Timothy Burnett, public service worker, senior, grade 107N, 13.299 hourly in the Division of Streets, Roads, and Forestry, effective November 9, 2009. James Clarke, public service worker, senior, grade 107N, 13.299 hourly in the Division of Streets, Roads, and Forestry, effective November 9, 2009. Samuel Williams, director of Streets, Roads, and Forestry, div- grade 123E, 3,557.70 bi-weekly in the Division of Streets, Roads, and Forestry, effective November 9, 2009. Keith Martin, public ser- serv- service supervisor, grade 111N, 18.290 hourly in the Division of Streets, Roads, and Forestry, effective November 9, 2009. James Webb, public service supervisor, grade th- 111N, 20.943 hourly in the Division of Streets, Roads, and Forestry, effective November 9, 2009. Jason Barker, administrative specialist, grade 110N, 16.889 hourly in the Division of Waste Management, effective November 9, 2009. Chris Kwan, traffic information technician, grade 112N, 17.346 hourly in the Division of Traffic Engineering, effective November 9, 2009. Chris Shapley, traffic signal technician senior, grade 112N, 18.228 hourly in the Division of Traffic Engineering, effective November 9, 2009. Richard Fowler, traffic signals technician senior, grade 112N, 819.698 hourly in the Division of Traffic Engineering, effective November 9, 2009. Jessica Williams, budget analyst, grade 115E, 1,769.23 bi-weekly in the Division of Budgeting, effective Dec- December 7, 2009. Number 49, a resolution authorizing and directing the mayor on behalf of the Irwin County Government to execute a grant, execute and submit a grant application to the Kentucky Energy and Environmental Cabinet and to provide any additional information requested in connection with this grant application, which grant funds are in the amount of $75,000 Commonwealth of Kentucky Funds under the 2010 Illegal Dump, Open Dump Remediation Grant Program and R4 cleanup of illegal open dumps. Number 50, a resolution authorizing and directing the mayor on behalf of the Irwin County Government to execute an agreement with the Paducah Police Department for the transfer equipment, transfer of equipment using IED training purchased with funds awarded by the Kentucky Office of Homeland Security to the Paducah Police Department. 51, a resolution changing the street name and property address number of 3473 Yorkshire Medical Park to 3445 Richmond Road, effective 30 days from passage. 52, a resolution authorizing and directing the mayor on behalf of the Irwin County Government to execute a lease agreement with the Lexington Art League Incorporated for use of the Loudon House at no cost to the Irwin County Government. 53, a resolution authorizing and directing the mayor on behalf of the Irwin County Government to execute change order number one to the contract with Pole Rosa Pole for the Raven Run Tourist Center, increasing the contract price by the sum of $3,690 from $22,8584 to $26,274. Number 54, a resolution authorizing and directing the mayor on behalf of the Irwin County Government to execute change order number one to the contract with H.W. Lochner Incorporated for right of way services for the Newtown Pike Extension Service, medicate, excuse me, Extension Project Mitigation Area. ... increase in the contract price by the sum of $1,031.25 from $196,650 to $197,681.25. 55. A resolution authorizing and directing the mayor on behalf of Urban County Government to execute a definitive relocation agreement with Windstream Kentucky East LLC for relocation of utilities for the South Limestone Streetscape Project at a cost not to exceed $222,191. Number 56. A resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a fiber optic cable relocation agreement with TW Telecom of Kentucky LLC for relocation of fiber optics cable for the South Limestone Streetscape Project at a cost not to exceed $18,886.22. 57. A resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a rental agreement with Lexington Center Corporation for rental of Rupp Arena for the 2009 Kentucky Christmas Chorus at a cost not to exceed $27,000. Number 58. A resolution authorizing and directing the mayor on behalf of the Urban County Government to execute change order number one to the contract with Marilla Design and Construction for the McConnell Springs Wetland Demonstration Area, increasing the contract price by the sum of $31,880 -- $31,888.60 from $354,226.55 to $386,115.15. Number 59. A resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an equitable sharing agreement and certification with the Federal Government Department of Justice for participation in the Equitable Sharing Program at no cost to the Ur- Urban County Government. Number 60. A resolution authorizing and directing the mayor on behalf of the Urban County Government to execute certificates of consideration and other necessary documents for property interests needed for the Citation Boulevard Phase Two Pro- Road -- Phase Two-Roadway Project at a cost not to exceed $7,900,000. 61. A resolution auth- authorizing and directing the mayor on behalf of the Urban County Government to execute an agreement with Military Missions Incorporated, $750 for the Office of the Urban County Council, a cost not to exceed the sum stated. And number 62, oh no, that -- there's a walk-on? Council member Crosby. Thank you, Mayor. Um, I move to place on the docket under first reading of resolutions, a resolution authorizing and directing the mayor to execute an agreement with the Lexington Kentucky Fraternal Order of Firefighters in the amount of $750 dollars for the office -- from the Office of the Urban County Council. So move. Second. Any discussion? All in favor of walking on that item, please indicate by saying, "Aye." Aye. Opposed, no. Motion carries. Madam Clerk. Who seconded that motion, please? Thank you. I'm sorry. Number 62. A resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an agreement with the Lexington Kentucky Fraternal Order of Firefighters, $750 for the Office of the Urban County Council at a cost not to exceed the sum stated. Thank you. Any further motions to walk items on? Council Member Blues. Thank you, Mayor. I move to suspend the rules so that second readings can be given to the following resolutions. Number 43, because the tenant for that space would like to occupy it by mid-month, and if possible, and this will allow, uh, to get started on fitting, fitting it out. Number 45. The law department requests that we expedite the return of property to the Fayette County Schools. They have retired the bonds. Number 49. This application for cleanup is due on November 15th, so we need to do a second reading tonight. And number 58. Uh, this project must be completed by, by December 31st. There are no extensions. Um, so moved. Thank you. Do I hear a second? Second. I have a second by Council Member Ellinger to suspend the rules. Are there other motions we might add on? Uh, Council Member Stennet. Thank you, Mayor. Item 36 and 37 are for the Humane Society to complete their PSA so they can get their funding. And then item 40 is the neighborhood match grant so we can go ahead and let the neighborhoods know they've been awarded these grants so they can get started for the spring. Thank you, Mayor. Thank you. Council Member Gordon. Thank you, Mayor. Uh, number 39, which is the Pope House agreement, and it's my understanding we cannot get our final payment until we submit this amendment. Thank you. Council Member Crosby. Uh, Mayor, on number 62. Um, that's the one we just walked on. That's because they're, uh, traveling to this, uh, in the next couple weeks for the firefighter challenge. And then also on number 51, because it takes 30 days for it to take effect and with the end of the year, so that they can go ahead and get everything changed over to start the new year. Thank you. Thank you. Pardon? The first one was number 62, the walk-on. Council Member McCord. Thank you, Mayor. Uh, request to walk on or to, uh, have second reading on 41 and 42. These are for easements on the Clays Mill Road project to move that forward and, uh, also on 50 and 59 at the request of police, uh, to, uh, to move these training programs and Homeland Security money forward. Thank you. I'm sorry, what was the last one? Uh, 59. Right. Okay. 50 and 59. Thank you. Any others? All right, let me see if I got them all. We have a motion to suspend the rules for purposes of giving second reading to the following items. Number 36, 37, 39, 40, 41, 42, 43, 45, 49, 50, 51, 58 and 62. Did I miss any? 59. I had it circled, just overlooked it. 59 as well. All right. Those in favor of suspending the rules for purposes of giving second reading to those items, please indicate by saying aye. Aye. Oppose, no. Motion carries. Madam Clerk. Resolution number 36. Resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a purchase of service agreement and a lease agreement with Lexington-Fayette Animal Care and Control LLC for con- animal control services as, at a cost not to exceed $1,035,000. Number 37. A resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a purchase of service agreement with Lexington Humane Society for administration of the Spay and Neuter Grant Fund Program. Number 39. A resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an amendment to agreement with the Kentucky Transportation Cabinet to change the agreement number from the Latrobe's Poke Villa Project from C01248155 to P026281000002386. Number 40. A resolution authorizing and directing the mayor on behalf of the Urban County Government to execute contracts with Autumn Ridge Neighborhood Association, $4,500, Beaumont Residential Association, $10,000, Courtney Commons Association Incorporated, 1,417, Eastland Parkway Neighborhood Association, 6,640, Heritage Hill Neighborhood Association, Assoc- Neighborhood Association, 3,750, Palomar Townhomes Owners Association, 6,937, Quail Run Townhouses Association, 4,787, Rabbit Run Homeowners Association, 4,500, Saddle Club Subdivision Homeowners Association, $10,000, Spindle Top Subdivision, $900, and Stewart Hall Homeowners Association, $9,569 for carrying out various neighborhood activities and improvements at a cost not to exceed $63,000. Number 41. A resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute a certificate of consideration and a temporary constrastion- construction easement from Ronald Martin and Barbara Martin for the property located at 3461 Clays Mill Road for the Clays Mill Road improvement project, and authorize in payment the amount of 1,575 plus usual and appropriate closing costs. Number 42. A resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a certificate of consideration and the temporary construction easement from the Clays Mill Road Church of God for the property located at 3570 Clays Mill Road for the Clays Mill Road improvement project and authorize the payment in the amount of $5,200 plus usual and appropriate closing costs. Number f- 43. A resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a lease agreement with Rachel Savant, doing business as Savant Silver Incorporated for a space located at 130 North Broadway Street, also known as the Broadway Shops. Number 45. A resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a special warranty deconveying cert tracts for land, certain tracts of land known as Lindley Elementary School, the school bus garage site, which includes North Side Vocational School, Garden Springs Elementary School, and South Side Vocational School to the Board of Education of Fayette County, Kentucky, in consideration of the payment in full of school building revenue bonds issued by the Urban County Government or its predecessor, the County of Fayette, for the construction of improvements to said properties. Number 49. 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- Environmental Cabinet and to provide any additional information requested in connection with this grant application, which grant funds are in the amount of $75,000 Commonwealth of Kentucky Funds under the 2010 Illegal Open Dump Remediation Grant Program and are for cleanup ill- of illegal open dumps. Number 50. A resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an agreement with the Paducah Police Department for the transfer of equipment using IE- used for IED training purchased with funds awarded by the Kentucky Office of Homeland Security to the Paducah Police Department. Number 51. It's official. Voting. A resolution changing the street name and property address number of 3473 Yorkshire Medical Park to 3445 Richmond Road, effective 30 days from passage. Number 58. A resolution authorizing and directing the mayor on behalf of the Urban County Government to execute change order number one to the contract with Marilla Design and Construction for the McConnell Springs Wetland Demonstration Area, increasing the contract price by the sum of $31,888.60 from $354,226.55 to $386,115.15. Number 59. A resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an e- equitable sharing agreement and certification with the Federal Government Department of Justice for participation in the Equitable Sharing Program at no cost to the Urban County Government. And the number 62. ... a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an ame- agreement with the Lexington Kentucky Fraternal Order of Firefighters, $750 for the Office of the Urban County Council at a cost not to exceed the sum stated. Thank you. Is there a motion to approve those resolutions? So moved. Second. I have a motion by Councilmember Beard, second by Councilmember Blues, to approve those resolutions which just received their second reading. Any discussion? Seeing none, let's vote. Those in favor, please indicate by voting aye electronically. Those opposed, vote nay electronically. And Madam Clerk, please call the roll. Mr. Martin. Mr. McCord. Yes. Mr. Myers. Yes. Mr. Stinnet. Yes, ma'am. Mr. Beard. Aye. Mr. Blues. Yes. Miss Crosby. Yes. Mr. Ellinger. Yes. Miss Spiegel. Miss Gordon. Aye. Miss Hinson. Yes. Miss James. And Mr. Lane. Yes. Thank you, those resolutions are unanimously adopted. Uh, per the motion earlier in the, uh, meeting, we're now ready to take from the table the item that was, uh, previously discussed under item number ten of the ordinances. And so, uh, that motion is now back on the floor for discussion. Councilmember Myers. Thank you, Mayor. I move to bring that back off the table. And all the councilmembers have a copy of the new ordinance. We've changed, um, some language in paragraph two, but I also wanna make a correction. I misspoke earlier when I said that, uh, Mr. Gene Woods is the one who came up with this compromise. He actually had the idea for the compromise. Miss James and I made a little bit of a change to it. And so the change that we made would be that the mayor would continue to appoint these five in perpetuity. So I wanted to clarify that and, and get Mr. Woods off the hook 'cause I didn't, I didn't want that to be out there. Um, so if there's any questions, I guess, on the new motion that we have, or the new, uh, ordinance that we have in front of us, I'll take questions. Any, any discussion? Call the question. Second. All right. Sounds like we're ready to vote. Um, well, let's see. Motion on the floor was to amend item number ten, and so that is the motion that's now back before the, uh, council. If you're in favor of amending item number ten as specified in Councilmember Myers' draft, please indicate by saying aye. Aye. Opposed, no. No. No. Uh, motion. Uh, let's do it by vote, by, uh, electronic vote. Those in favor of amending the motion, please indicate by voting aye electronically. Those opposed, vote nay. All councilmembers voted? Thank you. The motion carries by a vote of 11 to 2. We're now, uh, ready to give first reading to the ordinance as now amended. Uh, Madam Clerk? Ordinance number ten, as amended, an ordinance enacting Article 21 of Chapter 2 of the Code of Ordinances to authorize the organization of a nonprofit Kentucky corporation to be called the Lyric Theater and Cultural Arts Center Corporation for the purpose of overseeing the management of and programming for the Lyric Theater and any and all other appropriate purposes, providing that the corporation shall consist of 15 appointed members and shall have all the powers conferred upon a corporation organized under Chapters 273 of the Kentucky Revised Statutes dealing with non-stock, nonprofit corporations, including all powers necessary and proper to fulfill and further the purpose of said corporation, authorizing the mayor or his designees to serve as incorporators and authorizing the submission of an application for tax exempt status to the Internal Revenue Service. Thank you. Councilmember Myers, do you have a motion to approve it? Yes, sir. Um, I move to suspend the rules and give second reading. So moved. I have a motion to suspend the rules for purposes of giving second reading to ordinance number 10. Have a second by Councilmember Ellinger. Any, uh, that motion's non-debatable. So those in favor of suspending the rules to give second reading to item number ten under ordinances, please indicate by saying aye. Aye. Opposed, no. Motion carries. Madam Clerk. Ordinance number ten for second reading, an ordinance enacting Article 21 of Chapter 2 of the Code of Ordinances to authorize the authorization of... Excuse me, 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 program- programming for the Lyric Theater and any and all other appropriate purposes, providing that the corporation shall consist of 15 appointed members and shall have all the powers conferred upon a corporation organized under Chapter 273 of the Kentucky Revised Statutes dealing with non-stock, nonprofit corporations, including all powers necessary and proper to fulfill and further the purpose of said corporation, authorizing the mayor or his designees to serve as incorporators and authorizing the submission of an application for tax exempt status to the Internal Revenue Service. Thank you. Is there a motion to approve? So moved. Second. Councilmember Crosby's moved to approve that, uh, ordinance. Councilmember Myers seconded the motion. Any discussion? Seeing none, we'll proceed to vote. All in favor, please indicate by voting aye electronically. Those opposed vote nay electronically, and Madam Clerk, please call the roll. Mr. Martin. Yes. Mr. McCord. Yes. Mr. Meyers. Yes. Mr. Stennett. Yes. Mr. Beard. Aye. Mr. Leuz. Here. Ms. Crosby. Yes. Mr. Ellinger. Yes. Ms. Figal. Ms. Gorton. Aye. Ms. Henson. Yes. Ms. James. Yes. And Mr. Layne. Yes. Thank you. The ordinance is unanimously approved, and we now return to the agenda item number seven, or communications from the mayor. Is there a motion to approve? So moved. Second. Have a motion by Council Member Layne and a second by Council Member Crosby to approve the communications from the mayor. Any discussion? All in favor, please indicate by saying aye. Aye. Opposed, no. Motion carries. We're now down to announcements. Does any council member have an announcement? Council Member McCord. Thank you, Mayor. I just wanted to, uh, to announce again that coming Sunday at 11 o'clock at the old courthouse, uh, Second Sunday, we'll start its, uh, its monthly bike ride. And so it'll be a two-hour escorted bike ride by the police to and from Veterans Park. And, uh, again this is a unique time at 11 o'clock because the Veterans Parade starts at 3:30, and we certainly encourage folks to come out to that as well. Thank you, Mayor. Any other announcements? Council Member Myers. Thank you, Mayor. I wanna encourage everyone to come out to Riverhill Park, which is at the corner of Crosby and Man-O-War, uh, Saturday morning at 9:30 and watch the mayor and I throw out the first Frisbee in the new, uh, Frisbee golf course. Thank you. Thank you. My plan is to, uh, have a couple of assistants with me on Saturday morning, so hopefully my sons, Will and Drew, will join me. Excellent. Um, any- anything further? All right. Uh, we're now ready for, um, we do have a, a couple of disciplinary matters, uh, Commander Holman, if you would, or one, um, could come forward, we'll take care of that. I do have one disciplinary matter to bring before the council. Uh, a formal complaint was, uh, signed against Officer Matthew Jordan for, uh, inappropriate action, which in, in violation of General Order 732H Operational Rules Section 1.48, inappropriate action on August the 10th, 2009. The recommended punishment was 80 hours suspension without pay. Officer Jordan signed the agreement of conformity on October 16th. Move approval. Have a motion by Council Member Crosby and a second by Council Member Ellinger to, uh, approve the recommended d- uh, discipline. Any discussion? All in favor, please say aye. Aye. Opposed, no. Motion carries. Thank you. We now, uh, the floor is open for public comment, and I have three individuals who have indicated a desire to speak. Jeff Jones is the first. Mr. Jones, if you'd step to the podium. You'll have, uh, and give us your name and your, and address. You'll have, um, three minutes. Good afternoon. Thank you. My name is Jeff Jones. Address, 1820 Marietta Drive, Apartment A. I have a complaint against the Division of Solid Waste, and I need to know how I can a- ask you all for my, for yours help to deal with it without any repercussions, and that's why I'm here tonight. I, they do things blatantly, openly, without any concern or anybody coming forth to challenge them, and if you do challenge them, you go, there's repercussions. I have a total of 75 to 80 names of different races of complaints, and I have a total of 30 grievances that has not been answered or been submitted to you all. And for me, I'm upset about one of my situations, and I don't mind bringing it to you 'cause it'll come before you before it's over with. Um, I had a truck, I drive the yard waste on Mondays, and the date is the 26th, I believe it was, and I drove the truck and it had contaminated material in it. And the director seen me, and I told him before I dumped it what was in it. I said, "It's contaminated and I can't take it to the landfill." Well, as I told him, he said, "Okay." He drove off. And come to find out I got a suspension for it. I think it's unfair because if he had a problem at that moment, he could have said, "Well, take it to the landfill and we'll take out what's, what is in it." And the only reason why I'm coming now because I know y'all wondering, "Why is he coming when he's got all these other complaints?" That's because the rest of them are pretty much job scared. I'll take the suspension that they gave me, but I do want you to know how a lot of us at Division of Solid Waste are feeling. Thank you for your time, and hopefully I will hear from somebody within the next week to address this matter. Is anybody gonna respond? I'll respond, Mr. Jones. As an employee, you have certain rights under our HR system, and I will ask that they contact you, if not tomorrow, Monday, to discuss what those rights are and make sure that you've taken all the appropriate steps under, uh, that are appropriate under the circumstances. Thank you all for your time and your patience. Thank you very much. Next, uh, Robert Dalton. Haven't seen Mr... Here. All right. Uh, and Mr. McCarthy. For the record, my name is Bernard McCarthy. My address is 515 Harry Street. I just wanna point out, first off, I think you should be building more actual streets instead of streetscapes. Digging the streets up to redecorate them is putting us through hell without giving us any capacity in the process. Second, I want to remind you that both the enhancement funds and C-MAC funds can be used for the type of bike lane projects where you physically build- ... the bike lane onto the side of the road. They don't have to be used for projects that involve taking pavement away from the cars that's already there. And I would also point out that there's nowhere near enough revenue from state and federal sources to untangle our traffic jams at this point. We really need for you guys to start charging developers impact fees and that includes in the, anything that increases density in the old part of the city. And the neighborhoods that complained about the vinyl boxes, they have, uh, sort of given some hard evidence of what I've tried to preach at you before in debates over land use, the people who thought that, that if we just grow vertically that we won't have to spend as much on infrastructure. Well, the various neighborhoods around UK have sort of proved that's false. If we're gonna have the city grow vertically, we gotta do infrastructure to accommodate that too. Thank you, Mr. McCarthy. Does anyone else wish to address the council? Uh, Commissioner Rumpke, if you, Commissioner Rumpke, if you would ask someone from, uh, human resources to follow up with Mr. Jones either tomorrow or Monday, I would appreciate it. If there's nothing further, we have one other matter to discuss. Councilmember Martin. May I? I move that we go into closed session pursuant to KRS61.810(1)(c)) for the purpose of discussing pending and proposed litigation. So moved. Have a motion by Councilmember Martin and a second by Councilmember Ehlinger to go into closed session. Any discussion? All in favor say aye. Aye. Opposed no? Motion carries. Um, Commissioner, I ask you if you'll come on up. We'll try to go ahead and get underway here shortly.