Mr. Beard. Present. Miss Blu- Mr. Blues. Mr. Blues. Here. Ms. Crosby. Here. Mr. Ellinger. Here. Ms. Feigel. Here. Ms. Gordon. Here. Mr. Gray. Here. Ms. Henson. Here. Ms. James. Here. Mr. Lane. Here. Ms. Lawless. Mr. Martin. Yes. Mr. McCord. Here. Mr. Myers. Here. And Mr. Senate. Here. Thank you. We have a quorum, so we're ready to proceed. It's my pleasure to welcome once again to the podium Rabbi Mark Klein from Temple Edith Israel here in town. Rabbi Klein. We need to take a moment to think about those who are really suffering in this world. Certainly the news from Haiti is devastating. If there's a prayer to utter tonight, it is for their recovery and for our commitment to realize that we have an obligation to bring healing to their world. And even in asking why it's our obligation, we have to realize it's simply because we're human, because we know that none of the rest of the stuff that we do matters if we can't answer the call of people in need. Even when they're on foreign ground, even if they may or may not appreciate what we're doing, even assuming the great sages that say they deserve it, they're in need. And God's word demands that we answer their call. As I look at the photos of what's happening there and certainly the many places in the world that suffer natural and manmade devastation, we have to consider ourselves so blessed to be here, to be in this community, and to be able to come before each other, to take care of each other in our community. There is so much that divides us. There is always such bad news, but we have to keep perspective and find ways to work through even the toughest matters. For nothing we face on any agenda, the most contentious agendas, nothing we face matters as much as what the people, our brothers and sisters in Haiti are facing. Our job at this table is tough. Certainly I know that firsthand from what I'm in the middle of in the city. We may want to take sides on issues, but the problems stem from people thinking of only themselves and can't be solved with people thinking only of themselves. We can never solve a problem with the same thought process that caused it. So however big or small the matters on our agenda tonight, or anytime we gather, my prayer is that we remember that it is not about us and them. There's not my side or your side. This is our Lexington. And however emotionally charged we may feel or how vested in a position we may get, we have to remember that others are equally vested in their opinions and in their emotions. Voices like Pat Robertson will never heal this world. They'll only divide us, causing us to stand in camps against each other. We won't move Lexington forward that way either. With everything that we hold sacred, with everything that we hold holy in our personal lives, every time we come together and we work for a solution, we affirm our commitment to each other, to our community, and to the sacred call that brings us to do the work to take care of each other. I ask that with everything holy we affirm it. Amen. Thank you, Rabbi Klein. I had, uh, anticipated making a few remarks on that general topic at the conclusion of tonight's meeting. But let me, since Rabbi Klein raised it mentioned to those of you who are here and those who may be watching on GTV3 that we have added a spot on our website for information about Haiti disaster relief. And to the extent folks are interested in having access to that information, I hope they'll go to our website, www.lexingtonky.gov, and you'll find an assortment of information that's been made available by the federal government, FEMA, and other agencies to, um, help get people together and to provide a mechanism for relief efforts. Might also add that we have nine firefighters who are on call for, um, uh, potential duty in Haiti. And we've also been alerted that our city may be providing some emergency medical services for, um, individuals who are evacuated from Haiti. So, uh, Lexington, Rabbi Klein is very much involved in the plight of our neighbors in Haiti, and we appreciate your comments this evening. We have, uh, minutes from several previous meetings that are, um, on our docket for adoption this evening. Are there any additions or corrections? Do I hear a motion to approve? Move approval. Second. Have a motion by Council Member Gordon and a second by Council Member, uh, Crosby to approve the minutes specified in the docket. If there's no further discussion, all in favor, please say aye. Aye. All opposed, no. Motion carries. That takes us down to, uh, ordinances entitled to second reading. Madam Clerk. Excuse me. In ordinance number one, an ordinance submitting article 6-5A of the Land Subdivision Regulations to amend the utility standards to require new utility lines to be installed below ground with the exception of major facilities and to provide standards for such installation. Number two, an ordinance change in the zone from an agricultural urban AU zone to a mixed-use community MU3 zone to 60.511 net 64.411 gross acres from a single family residential R1C zone to a mixed-use community MU3 zone for 0.539 net 1.249 gross acre. And from a wholesale and warehouse business before zone to a mixed-use community MU3 zone for 0.967 net 1.042 gross acres for property located at 780 Mi- Red Mile Road, 790 Red Mile Road, and a portion of 1200 Red Mile Road, Lexington Trots Breeders Association LLC. Number three, an ordinance change in the zone from a planned neighborhood residential R3 zone to a professional office P1 zone for a 2.22 net 2.26 gross acres for the property located at 1122 Oak Hill Drive, subject to certain use restrictions imposed as conditions of granting a z- the zone change, OCETA LLC. Number four, an ordinance amending Article 17-6 of the zoning ordinance to allow temporary signs related to events sponsored by neighborhood associations or owners associations to be replaced, to be placed in the rights of way that particular neighborhood, with some limitations to the number, size, and duration of stay. Number five, an ordinance amending Article 3, 18-3A1 and 21-6A to provide general regulations, landscape and land use buffer req- requirements, development plan and subdivision plan information and requirement and format requirements for the protection of private family cemeteries. Number six, there's a motion on number six? I'm sorry, Madam Clerk. There's a motion for number six to be amended. Mayor, I have it. Council member Stennet, thank you. Th- thank you, Mayor. I move to amend Section 3C of Ordinance Number Six under Second Reading Ordinances Pertaining to Series 2010A Bonds to Modify the Optional Redemption Language. This modification, number one, moves the initial redemption date to March 1st, 2020. Number two, subject those bonds maturing on September 1st, 2020 or thereafter to optional redemption. And number three provides that bonds may be redeemed in any order of maturity. This is not a material change and does not require a new first reading. So moved. I have a motion and, by Council Member Stennet, a second by Council Member Martin. Any discussion? Council Member James. Um, Council Member Stennet, I, I don't fully understand, uh, the significance of that change, that impact. It's my understanding the impact i- is changing the maturity dates to give us more flexibility on the back end, so that we may either call the bond sooner so we don't have to wait for the full maturity, um, or, or refinance for that matter, i- if rates are more favorable and tw- before 2020. So it gives us more flexibility on the date. It doesn't change anything else. Okay. Thank you. Any further discussion? All then in favor of that amendment to Item Six, please indicate by saying aye. Aye. Opposed, no? Motion carries. Madam Clerk. Ordinance Number Six as amended, an ordinance of the Lexington-Fayette Urban County Government authorizing the issuance of its A, $68,100,000 general obligation public project bonds series 2010A Build America Bonds Direct Pay, dated the date of delivery which amount may be increased or decreased by an amount not to exceed 10%. B, $7,785,000 general obligation refunding bonds series 2010B tax exempt, dated the date of delivery which amount may be increased or decreased by an amount not to exceed 10%. And C, $6,670,000 general obligation refunding bonds series 2010C, tax exempt, dated the date of delivery which amount may be increased or decreased by an amount not to exceed 10%, approving the forms of the bonds, authorizing designated officers to execute and deliver the bonds, authorizing and directing the filing of a notice with the state local debt officer, providing for the payment and security of the bonds, authorizing the establishment of certain funds, authorizing the publicly advertised sale of said bonds, acceptance of the bids of the bond purchases, purchasers of the bonds, authorizing certain other actions with regards to the financing of section of Series 2010 project and the refundings. Number seven, 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 98. Number eight, an ordinance amending Section 17-2 of the Code of Ordinances Lexington-Fayette Urban County Government to delete the definition of fire gate and to renumber the remaining subsections to replace the term numbered with the term assigned an address to add the term assigned unit number to replace the term property identification other than a regulation street sign and with, with the term site number, to provide for numbers that contrast with the background on which they are affixed, commercial and industrial building requirements of numbers which are a minimum of 10 inches in height and one and three quarter inch stroke to be affixed above or near the main entrance when possible, and to require that postings clearly indicate the proper structure for that address to add the terms unit number and unit to the prov- to provide a- To provide for review and approval of actions by the addressing committee, the adoption of the addressing guide for the Lexington-Fayette Urban County Government, as additional guidance in numbering and addressing properties, and to empower the Commission of Public Safety to prescribe, adopt, promulgate, and enforce rules and regulations, and to delete subsection 17-2G of the Code of Ordinances pertaining to fire gate numbers, amending subsection 17-2A -- 2.1A of the Code of Ordinances to add the term of "less than two digits" and to delete the reference to one number for each 25 feet of roadway for new- newly created properties, amending Section 17-2.1C3 to add to the term "articles," amending Section 17-2.1D of the Code of Ordinances to delete the term "frontage," amending subsections 17-21 -- 2.1E of the Code of Ordinances to delete the term "letters" and to add the term "approved," amending subsections 17-3B and C of the Code of Ordinances to add the term "property" and to provide that all requests for changes are to be submitted in writing to the Addressing Office of the in- Division of Enhanced 911 and are subject to review and determination by the Address Committee, which determination is appealable to the Address Board, amending subsection 17-4B of the Code of Ordinances to change the notice time from five days to 10 business days, to delete the references to fire gate numbers, to specify the obstructions to visibility are violations, to require the temporary postings of numbers during construction, which are to be replaced with the permanent numbers prior to final inspection for occupancy and to renumber the subsection accordingly, subsections accordingly, amending Section 7-4, 4.3 of the Code of Ordinances to include appeals by di- of determinations by the Address Committee and renumbering the subsections accordingly, and amending Section 17-4.5 of the Code of Ordinances to include appeals of Address Committee determinations to be made within 30 days, with failure to do so cons- constitute- constituting a waiver and final decision, all effective on February 1, 2010. Thank you. Is there a motion to approve those ordinances? Move approval. Second. Council Member Gorton has moved the approval of those ordinances. Council Member Ellinger has seconded the motion. Is there any discussion? Um ... All in favor then of approving those ordinances, please indicate by voting aye electronically. Those opposed vote nay electronically. And Madame Clerk, please call the roll. Mr. Beard. Aye. Mr. Blues. Yes. Miss Crosby. Yes. Mr. Ellinger. No on six, yes on the rest. I will denote that in the minutes. Miss Feigel. Yes. Miss Gorton. Aye. Mr. Gray. Yes. Miss Henson. Yes. Miss James. Yes. Mr. Lane. Yes. Miss Lawless. Yes. Mr. Martin. No on six, yes on the rest. I will denote that in the minutes. Mi- Mr. McCord. Yes. Mr. Meyers. Yes. And Mr. Stinnett. Yes, ma'am. Thank you. Thank you. Those ordinances are approved. That takes us down to ordinances entitled to first reading. Madame, Madame Clerk. Madame Clerk, we'll, we'll catch you at the end, Council Member Lawless. Ordinance Number Nine, an ordinance amending Articles 1-5 and 1-4 of the Land Subdivision Regulations to add definitions for low impact development and green infrastructure and to permit alternative designs for development using low impact development and/or green infrastructure techniques. Number Ten, an ordinance changing the zone from a wholesale we- and warehouse business B-4 zone to a highway service business B-3 zone for 1.04 net, 1.24 gross acres, for property located at 1872 Plaudit Place, subject to certain use restrictions imposed as conditions of granting the zone change, Grover C. Huff and Brenda Huff. Number Eleven, an ordinance changing the zone from an agricultural urban AU zone to a highway service business B-3 zone for 7.35 net, 7.60 gross acres, for property located at 1810 Bryant Road, sub- subject to certain use restrictions imposed as conditions of granting the zone change, Kait- Kaitin Patel. Number Twelve, an ordinance accepting the bid of ICX Tactical Platforms in the amount of $123,024.25 for a mobile surve- valance tower for the Division of Police and appropriating funds pursuant to Schedule Number 108. Number Thirteen ... An ordinance amending sub- subsection 12-1BPM-106.4.1 of the Code of Ordinances, Lexington-Fayette Urban County Government, to provide the f- for criminal fi- fines of not less than $100 nor more than $2500 with each day in violation constituting a separate offense and alternative civil penalty reme- remedy tra- ranging from $100 to $2000 based on the number of violations in existence and ex- and inspections performed as established in the adopted guidelines table and the assessment of an a- administrative fee not to exceed $250 for each inspection and amending subsection, subsections 12-1BPM109.5 and PM-110.3 of the Code of Ordinances to provide for the assessment of an administrative fee not to exceed $250, amending sex- subsection 12-7A of the Code of Ordinances to provide for the assessment of an administrative fee not to exceed $250 and to change the number of required previous notices from violation of violation from two to one- Amending Section 12-8.2 of the Code of Ordinances to increase the criminal fines to not less than $100, nor more than $2,500, with each day and violation constituting a separate offense, and clarifying and consolidating the adopted guidelines. Table two provide for civil penalties ranging from $100 to $1,000, based upon the number of notices of violation issued in a 12-month period, and amending se- subsection 12-8.3A of the Code of Ordinances to change the time to appeal the assessment of a nuisance abatement-related civil penalty from 20 days to 10 days, all effective on March 1, 2010. Do you want to send it back to the full council? Number 14. An ordinance submitting section 21-52 of the Code of Ordinances, creating one position of Technical Manager Enterprise Solutions, grade 120E, one position of Financials Manager Enterprise Solutions, grade 119E, and one position of HCM Manager, Enterprise Solutions, grade 119E, all in the Division of Enterprise Solutions, and abolishing one position of Deputy Director, Computer Services, grade 121E in the Division of Computer Services, and appropriating funds pursuant to schedule number 99. Number 15. An ordinance authorizing and directing the mayor on behalf of the Irvin County Government to accept the grant from the Kentucky Transportation Cabinet, which grant funds are in the amount of $105,600 federal funds, are for the expansion of the LexVan Fleet. The acceptance of which obligates the Irvin County Government for the expenditure of $26,400 as a local match, appropriating funds pursuant to Schedule number 100 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 accept an aw- award of $1,600 from the Factory Mutual Insurance Company's Global Fire Prevention Grant Program for purchase of the cameras for the Fire Investigation Unit of the Division of Fire and Emergency Services and appropriating funds pursuant to schedule number 101. Number 17. An ordinance authorizing and directing the mayor on behalf of the Irvin County Government to accept a grant from the Kentucky Environmental and P- Public Protection Cabinet, which grant funds are in the amount of $141,451.69 Commonwealth of Kentucky Funds are for the continuation of the Litter Control, Control Program. The acceptance of which does not obligate the Irvin County Government for the expenditure of funds, appropriating funds pursuant to schedule number 102 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 accept a grant from the Kentucky Division of Emergency Management, which grant funds are in the amount of $3,215 Commonwealth of Kentucky Funds, are for the purchase of equipment of the Division of Fire and Emergency Services Technical Rescue Team's Rescue Squad. The acceptance of which obligates the Irvin County Government for the expenditure of $3,215 as a local match, appropriating funds pursuant to schedule number 103 and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 19. An ordinance amending certain of the budgets of Lexington Fayette Urban County Government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds schedule number 104. Number 20. An ordinance amending Section 22-52 of the Code of Ordinances, creating one temporary position of Administrative Specialist, Grade 110, and ending four years from the effective date of passage of this ordinance within the Division of Waste Management and appropriating funds pursuant to schedule number 105. Number 21. An ordinance authorizing and directing the mayor on behalf of the Irvin County Government to execute and submit a grant application to the Bluegrass Community Foundation 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 put, $12,429 are for the Parenting, Education, and Teen Esteem Building for the Division of Family Services, the acceptance of which does not obligate the Irvin County Government for the expense of funds, appropriating funds pursuant to schedule number 106 and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 22- Count- Excuse me, Council Member Meyers, you have a motion on number 22, I believe. Thank you, Mayor. I move to put number 22 into committee. And I guess I have to ask a question of the commi- of the Chair of Planning. Social Services goes into planning right now, but I know that you guys have had special meetings because your docket's backed up. So if it's gonna be a while before you guys can get to it, with the council's pleasure, we can put it into intergov or services. Okay. That suits me perfectly. Okay. Thank you. So I move to put it into intergov. Second. I have a motion by Council Member Meyers and a second by Council Member James to refer ordinance number 22 to the Intergovernmental Committee. Any discussion? All in favor, please say aye. Aye. Opposed, no? Motion carries. Madam Clerk. Ordinance Number 23. An ordinance article- creating article 11 of Chapter two of the Code of Ordinances to establish the Keep Lexington Beautiful Commission as the official local affiliate of Co- Keep America Beautiful Incorporated, specifying the membership of the commission as 13 members representing various interested constituencies, providing for four-year terms of mem- for more- for members with initially staggered terms, providing for filling of membership vacancies and appointment of members to one additional term, providing for removal of members, providing that members shall reside in Fayette County, providing for commission officers and bylaws, providing that the commission shall meet a minimum of six times per year and sp- and for special meetings, and providing f- the duties and functions of the commission related to litter prevention, beautification, and community improvement and waste reduction. Number 24. An ordinance amending Section one of Ordinance Number 2602009, amending the schedule of meetings for the Lexington Fayette Urban County Council for the calendar year 2010 to cancel the Joint Planning Commission, Planning Co- Committee Meeting on January 26th, 2010, to change the time of the mayor's State of the Merge Government Address on January 26th, 2010, to 11:30 AM, and to change the Intergovernmental Committee and council meetings scheduled for December 14th, 2010, to December 7th and 2nd- December 2nd, 2010, respectively. Thank you. Council Member Lawless. Thank you, Mayor. Uh, I move to place on the docket, under first reading ordinances, an ordinance amending certain of the budgets of the Urban County Government to provide 750,000 for the Fifth Third Bank Pavilion located at Cheapside Park and appropriating and reappropriating funds schedule number 0110. Uh, and this is so they can start work and get it finished by the, um, early April deadline. Second. I have a motion by Council Member Lawless and a second by Council Member Blues to place on the docket under first reading of ordinances an ordinance relating to the Cheapside Pavilion. Any discussion? Seeing none. Those in favor, please say aye. Aye. Opposed, no. Motion carries. Madam Clerk. Ordinance number 25, an ordinance amending certain of the budgets of the Lexington Fayette Urban County Government to provide $750,000 for the Fifth Third Bank Pavilion located at Cheapside Park and appropriating and reappropriing funds schedule number 110. Thank you. Any further motions? Sir, I have a question. Council Member James? I don't have a motion, but I have a question, um, about item number 12 under ordinances. I just wondered, the council member that... Or the council representative that sat in on that bid, I wondered if, um, if any of the council members or representative... Does anybody know? Could we find out? If you have a specific question, you want another- The specific question is, who was the council representative that sat in on that bid selection? I can, um... If someone wants to answer that on... Okay, here she comes. Do you know? No? Was, was there a council representative or anyone from the council office represent it- Paul sat in on the first selection- Okay. ... which was the site selection, but there wasn't an accounts representative on the pavilion selection. Okay. Okay. Thanks, mayor. You're welcome. Any further discussion on the ordinances receiving first reading? Seeing none. We'll proceed. Madam Clerk, if you'll give second reading to the resolutions entitled... The, the resolution entitled to second reading. Number one. A resolution accepting the bid of Fire Training Structures LLC in the amount of $259,135 for a live fire training structure for the Division of Fire and Emergency Services. Thank you. Is there a motion to approve? Move the time. Have a motion by Council Member Ellinger and a second by Council Member Myers to approve the resolution number one. Any discussion? Let's proceed to vote then. All in favor, please indicate by voting aye electronically, but those opposed vote nay electronically. And Madam Clerk, please call the roll. Mr. Beard. Aye. Mr. Blues. Yes. Miss Crosby. Yes. Mr. Ellinger. Yes. Miss Feigel. Miss Gordon. Aye. Mr. Gray. Yes. Miss Henson. Yes. Miss James. Yes. Mr. Lane. Yes. Miss Lawless. Yes. Mr. Martin. Yes. Mr. McCord. Yes. Mr. Meyers. Yes. And Mr. Stennett. I am. Thank you. That resolution is approved. We're now ready to proceed to resolutions entitled A First Reading. Adam Clark. Resolution number two. A resolution accepting the bid of ITTWWWUSA, establishing a price contract for submersible sewage pump and electrical motor repairs. Number three. A resolution accepting the bi- bids of Claunch Construction LLC, Woodall Construction Company Incorporated, Todd Johnson Contracting Incorporated, establishing price contracts for Green Acres neighborhood curb inlets retrofit UPC for the Division of Water Quality. Number four. A resolution accepting the bid of Man O War Harley-Davidson, establishing a price contract for motorcycle for the Division of Police. Number five. A resolution accepting the bid of Hurst Office Suppliers, establishing a price contract for copier paper for the Division of Central Purchasing. Number six. A resolution accepting the bids of Recreation Supply Company Incorporated, Recreonics Incorporated, and Insco, doing business as OP Aquatics, establishing price contracts for swimming pool supplies in... For the Division of Parks and Recreation. Number seven. A resolution accepting the bid of Miller Transportation Incorporated, establishing a price contract for charter bus services for the Division of Parks and Recreation. Number eight. A resolution accepting the bids of Allied Technical Services Incorporated and ITT Water and Wastewater USA Flight Dewatering Division, establishing price contracts for UPC for temporary pumping services, generators, emergency wastewater treatment plant and equipment rental for, rental for the Division of Water Quality. Number nine. A resolution accepting the bid of Key to Cleaning, establishing a price contract for custodial services, police technical services building for the Division of Facilities and Fleet Management. Number 10. A resolution accepting the bid of Key to Cleaning, establishing a price contract for custodial services fleet management for the Division of Facilities and Fleet Management. Number 11. A resolution accepting the bid of Central Indiana Truck Equipment, establishing a price contract for refuse body for the Division of Facilities and Fleet Management. Number 12. A resolution accepting the bids of Somerset Food Service, establishing a price contract for food for Family Care Center Group one and Clem's Refrigerated Foods, establishing a price contract for food for Family Care Center group number two for the Division of Family Services. Number 13. A resolution accepting the bid of Zoll Medical Corporation, establishing a price contract for a defib- for a defibrillator for the Division of Fire and Emergency Services. Number 14. A re- A resolution accepting the bids of All Recreation Incorporated, Bluegrass Recreational Products Incorporated, Vark Playgrounds of Kentucky, Tennessee, Courtsi- Countryside, Play Structures Incorporated, Da- David Williams and Associates Incorporated, Elements of Play, Corecat Incorporated, Lester Recreation Designs, Miracle Recreation of Kentucky and Tennessee, and Play and Park Structures establishing price contracts for outdoor playground equipment for the Division of Parks and Recreation. Number 15. A resolution accepting the bid of Murilla Design & Construction in the amount of $1,767,879.10 for the Lexington Streetscape Phase 1 improvements at Cheapside Park for the Department of Public Works and Development and authorizing and directing the mayor on behalf of the Urban County government to execute an agreement with the Murilla Design & Construction related to the bid. Number 16. A resolution authorizing and directing the mayor on behalf of the Urban County government to accept a donation from Raul F. Logos of 17 tennis rackets for the use of the Division of Parks and Recreation at no cost to the Urban County government. Number 17. A resolution authorizing and directing the mayor on behalf of the Urban County government to execute an affiliation agreement with the State University of New York for an internship at no cost to the Urban County gover- government. Number 18. A resolution authorizing and directing the Division of Traffic Engineering pursuant to Code of Ordinances Section 18-86 to install multi-way stop controls at Clemons Drive and Twain Ridge Drive. Number 19. A resolution authorizing and directing the mayor on behalf of the Urban County government to execute an amendment to agreement with Aids Volunteers Incorporated for modification of the scope of work and extension of ar- agreement for operation of a tenant-based rental assistance program through June 30th, 2011. Number 20. A resolution authorizing and directing the mayor on behalf of the Urban County government to execute an amendment to agreement with Georgetown Street Area Neighborhood Association for extension of the completion date of the Neighborhood Action Match program sub-project to June 30th, 2010 at no cost to the Urban County government. 21. A resolution authorizing and directing the mayor on behalf of the Urban County government to execute an agre- amendment to agreement with the Kentucky Office of Homeland Security for extension of the assessments of critical infrastructure project through May 31st, 2010 at no cost to the Urban County government. 22. A resolution authorizing and directing the mayor on behalf of the Urban County government to execute an amendment to agreement with the Kentucky Office of Homeland Security for extension of the Division of Police's mobile data computer project through March 31st, 2010 at no cost to the Urban County government. Number 23. A resolution authorizing and directing the mayor on behalf of the Urban County government to execute a memorandum of understanding with the Carnegie Center for Literacy and Learning to serve as the participating agency in order to obtain and utilize the resources of the Corporation for National Service, AmeriCorps' VISTA program at a cost not to exceed $1500 as a required contribution to the Carnegie Vi- Center VISTA Network, a consortium of local nonprofit groups desiring to advance literacy in Lexington. Number 24. A resolution authorizing and directing the mayor on behalf of the Urban County government to execute and submit a grant application to the Kentucky Division for Air Quality and to provide any additional information requested in connection with this grant application, which grant funds are in the amount of fif- $150,000 Commonwealth of Kentucky Funds under the Kentucky Clean Diesel Grant Program and are for retrofitting 56 refuse vehicles with a Donaldson Diesel Oxidation Catalyst and a- Spherical Closed Crankcase Kit. 25. A resolution authorizing and directing the mayor on behalf of the Urban County government to execute a lease with Everett Hampton for lease of 2075 Parkers Mill Road at no cost to the government. 26. A resolution authorizing and directing the mayor on behalf of the Urban County government to execute lease renewals with the Commonwealth of Kentucky for the lease of state police CDL and driver's license offices at no cost to the government. 27. A resolution authorizing and directing the mayor on behalf of the Urban County government to execute Change Order Number Two to the contract with Schaefer Properties for Coolivan Community Building, increasing the contract price by the sum of $9,960 from $361,209.44 to $371,169.44. Number 28. A resolution authorizing the Commissioner of the Department of General Services or his or her designee to sign utility connection and disconnect agreements on behalf of the Lexington-Fayette Urban County government. Number 29. A resolution authorizing and directing the mayor on behalf of the Urban County government to execute an agreement with Kentucky American Water Company for the Lyric Theater sprinkler system at a cost not to exceed $15,958. Number 30. A resolution authorizing and directing the mayor on behalf of the Urban County government to execute the FY2010 Purchase of Service Agreement with Kentucky World Trade Center Lexington Incorporated for services related to managing and operating the World Trade Center and trade promotion, trade counseling, and trade assistance with an effective date of July 1, 2009 at a cost not to ex- exceed $106,500. Number 31. A resolution authorizing and directing the mayor on behalf of the Urban County government to execute the FY2010 Purchase of Service Agreement with the Downtown Lexington Corporation for services related to promoting, marketing, and strengthening the downtown area with an effective date of July 1, 2009 at a cost not to exceed $50,000. Number 32. A reso- a resolution authorizing and directing the mayor on behalf of the Urban County government to execute Change Order Number One to the contract with Myers Fence LLC for the Brighton East Rail Trail Phase One project, reducing the total cost by the sum of $2,771.73 from $76,178 to $73,406.27. Number thir- 33. A resolution authorizing and directing the mayor on behalf of the Urban County government to execute Change Order Number Three to the contract with Mack Construction and Excavating Incorporated for the Brighton East Rail Trail Phase One project, reducing the total cost by the sum of $6,673.54 for a new contract total of $1,228,198.75. Number 34. A resolution authorizing in the Division of Human Resources to internally advertise for the positions of Technical Manager Enterprise Solutions, Financial Manager Enterprise Solutions, and HCM Manager Enterprise Solutions on the Division of Enterprise Solutions. Number 35. A resolution authorizing and directing the mayor on behalf of the Irvin County government to execute an Occupational Wellness Administrator and Services Agreement with Lexington Urgent Treatment Associates, PLLC, doing business as Urgent Treatment Clinics, for occupational health services at a cost not to exceed $3,800, effective January 1, 2010. Number 36. A resolution authorizing and directing the mayor on behalf of the Irvin County government to execute agreements with the Humanitarium Center for Culture and Diversity Incorporated, $425, Bluegrass Charim- Chapter American Red Cross, $725, Beaumont Residential Association Incorporated, $500, and Southland Association Incorporated, $1,000, for the office of the Irvin County Council at a cost not to exceed the sums stated. Thank you very much. Uh, we have some motions. Council Member Wallace. Um, I'd like to make a motion to place on the docket under first reading resolutions, a resolution accepting a bid from Marilia Design and Construction in the amount of $715,977.02 for construction of the Fifth Third Bank Pavilion located at Cheapside Park and authorizing the mayor to execute the agreement. So moved. Second. I have a motion by Council Member Wallace and a second by Council Member Gordon to add, uh, a resolution accepting a bid on the Fifth Third Bank Pavilion. We'll add that as number 37. If approved, any discussion? Council Member Crosby. Council Member Wallace, is ... So this is in addition to number, um, 15 for the same contractor? Is it part of the ... Is- It was two different ... It's the same construction company for two different parts of it. Okay. Yeah. Oops, here. And I'm getting ready to make a motion for a second reading on both of them also. Okay. I, I think I have some questions, but go ahead. Uh, Council Member Crosby, Council Member Wallace, if I could kind of clarify a little bit. Uh, there, there were two separate bid packages. One was for the site work at Cheapside. That was the first one that was on the docket for first reading. The, the second one is for the pavilion, which was funded by the donated money from Fifth Third. Uh, because of the design, we didn't know whether we could get the bids a- and, and have a complete package, so we had to separate them, but they have caught up with each other. Is it typical for the same construction since it's two separate bids? Um, because it's my understanding that based on a letter we got, that one, that several of the bidders were not accepted because they didn't have a certification regarding steel framing. Um, would that have been part of both bids or- That would only have been ... That had to do specifically with the pavilion. Okay. S- I see Brian come up. So, so, so with this company, I, I assume they then, the walk-on, um, since we've gotten no information on it, were they the lowest bid for the- They were the lowest responsive bidder that included the, uh, certification and the fabricate- for the fabrication of the building. The, the, but, but what about the walk-on? Were they the l- the lowest bidder for the walk-on as well? What she's, 'cause you said there are two separate bids. One has to do with- One is for the site work. So for the site work- Has nothing to do with the certification. The other is for the pavilion, which was the walk-on. And the walk-on, uh, there has been some question about the certification of the fabricator, the steel fabricator. So we're just- Okay, so number 15 is for the site work, and that has ... I guess w- I'm confused then on number ... On, on the letter we got t- um, today, the bid recommendation was ... Is that regarding number 15? Because y- you're telling me that, that the walk-on is for the pavilion, which would have required the steel certification, correct? That's correct. The walk-on has to do with the pavilion, which would require the steel- And they were the lowest bidder for that? They were the lowest responsive bidder. Okay. The certification was cu- included in the bid spec. And so then for number 15, for the site work, there would not have been- They were the low bidder- ... this certification? That was my question. Are, were they the low bidder for the site work? Yes, that is correct. Okay, thank you. Okay. All right. Any further discussion? Motion on the floor is to add, to place on the docket, um, resolution accepting a bid on the Fifth Third Pavilion. All in favor of adding that item to the docket, please indicate by saying aye. Aye. Oppose, no. Motion carries. Madam Clerk. Is there another walk-on? There is, yeah. Did you want me to read them both? Just, just go ahead and knock out the one we have now- Okay. ... and then we'll come back. Resolution number 37. A resolution accepting the bid of Marilia Design and Construction in the amount of $715,977.02 for the Fifth Third Bank Pavilion located at Cheapside Park for the Department of Public Works and Development and authorizing and directing the mayor on behalf of the Irvin County Government to execute an agreement with Marilia Design and Construction related to the bid. Thank you. Council Member Blues. Thank you, Mayor. I move to place on the docket under first reading resolutions, a resolution approving the probationary civil service appointments of Ch- Chad Cottle, Director of Enterprise Solutions, grade 123E, $3,892.59 bi-weekly in the Division of Enterprise Solutions, effective December 7, 2009, and Gina Dulin, Administrative Specialist, $3,892.59, biweekly in the Division of Enterprise Solutions- Grade 114E, $2,141.12 biweekly in the Division of Community Corrections, effective November 18, 2009, so moved. Do you hear a second? I have a motion by Council Member Blues and second by Council Member James to add that item to the docket for first reading. Any discussion? Coun- uh, Council Member Meyers. Thank you, Mayor. I just have one question. Is that, why is this being walked on? I can't answer that question right offhand. Perhaps, uh, Mr. Duara high can. Well, the HR department was supposed to have it in on Tuesday, so it would be on the docket. I think, uh, it was an oversight. Um, after the last meeting in December, they said they'll get it on, and they didn't get a chance to put it on, so. Okay. And the reason, uh, we're trying to get it on is, uh, there's another polit- position that's dif- uh, is gonna be abolished, and we don't want that done before the person is in place. I hope that helps. Okay. Thank you. Thank you. Any further discussion? All then in favor of adding that item to the docket, please indicate by saying aye. Aye. Oppose, no. Motion carries. Uh, Madam Clerk. Resolution number 38. A resolution ratifying the probationary civil service appointments of Chad Cottle, Director of Enterprise Solutions, grade 123E, 3008.92, 59 biweekly in the Division of Enterprise Solutions, effective December 7, 2009. Gina Dulin, Administrative Specialist Principal, grade 114E, 2141.12 biweekly in the Division of Community Corrections, effective November 18, 2009. Thank you. I understand there are some motions with regard to the resolutions, so, uh, uh, Council Member Gordon. Thank you, Mayor. Um, yes, I was asked by the administration to, um, ask for second readings on these because they are extensions of grants number 21, 22, and 24. Thank you. I have a motion to suspend the rules for purposes of giving second reading to those three items. Do I hear a second? Second. I have a second by Council Member Blues. Are there others? Council Member James. I'm, I'm sorry, I didn't see the list here. If you'll hold on for just a second. Council Member McCord. Thank you, Mayor. Just would like to suspend the rules for number 16 and number 18, please. Did you say 16 and 15? 16 and 18. I'm sorry. Mm-hmm. Thank you. Council Member Crosby. Thank you, Mayor. I'd like to suspend the rules and get second reading to number 32. The work was done in October, and this individual has not been paid. Thank you. Thanks. Council Member, uh, James. Thank you, Mayor. Um, I was asked to give second reading, um, to number 29, um, and I'm asking to get second reading for number 27 so the Coulevin Shelter can get completed. Thanks. Finally. Finally. Council Member Lawless. Uh, yes, I'd like to suspend the rules and get a second reading on number 15 and number, the walk on number 37, I believe it ended up being. Thank you. Um, so that that work can get started. All right. Others? Council Member Martin. Mayor, I ask that we suspend the rules to give second reading to item 36. This is the NDF. Thank you. All right. I have a motion to suspend the rules for purposes of giving a second reading to the following resolutions. 15, 16, 18, 21, 22, 24, 27, 29, 32, 36, and 37. Were there any that I missed? All right. Those in favor then of suspending the rules to give second reading to those items, please indicate by saying aye. Aye. Oppose, no. Motion carries. Madam Clerk. Surely better. Sure we do. That's the Mayor. Uh, excuse me- Po- point of order. ... Council Member, why- Um, just a quick question. Are all the items that we're getting second read on that are monetary, are they budgeted? So this is not any new money we're walking on for a couple read? Oh, Council Member Gardner. Mr. Gardner. Hopefully not. Um, the, uh, they're all eligible for second reading. Thank you. Good, good catch. Resolution number 15. A resolution accepting the bid of Morelia Design and Construction in the amount of $1,767,879.10 for the Lexington Streetscape, Streetscape Phase 1 Improvements Cheapside Park for the Department of Public Works and Development, and authorizing and directing the Mayor on behalf of the Oakland County Government to execute an agreement with the Morelia Design and Construction related to the bid. Number 16, a resolution authorizing and directing the Mayor on behalf of the Oakland County Government to accept the donation of, from Mr. Raul F. Legos of 17 tennis court, tennis rackets for the use of the Division of- ... at the Division of Parks and Recreation at no cost to the Irvin County government. Number 18, a resolution authorizing and directing the Division of Traffic Engineering pursuant to Code of Ordinances Section 18-86 to install multi-way stop controls at Clemmons Drive and Twain Ridge Drive. 21, a resolution authorizing and directing the mayor on behalf of the Irvin County government to execute an amendment to agree with the Kentucky Office of Homeland Security for extension of the assessments of Critical Infrastructure Project through May 31, 2010, at no cost to the Irvin County government. 22, 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 Homeland Security for extension of the Division of Police's Mobile Data Computer Project through March 31, 2010, at 2, 2010, at no cost to the Irvin County government. 24, a resolution authorizing and directing the depart- the d- mayor on behalf of the Irvin County government to execute and submit a grant application to the Kentucky Division for Air Quality and to provide any additional information requested in connection with this grant application in which grant funds are in the amount of $150,000 Commonwealth of Kentucky funds under the Kentucky Clean Diesel Grant Program and for, are for retrofitting 56 refuse vehicles with a Donaldson Diesel oxidation catalyst and a spherical closed crankcase kit. Number 27, a resolution authorizing and directing the mayor on behalf of the Irvin County government to execute change order number two to the contract with Schafer Properties for Coulivan Community Building, increasing the contract price by the sum of $9,960 from $361,209.44 to $371,169.44. Number 29, a resolution authorizing and directing the mayor on behalf of the Irvin County government to execute an agreement with Kentucky American Water Company for the Lyric Theater sprinkler system at a cost not to exceed $15,958. Number 32, a resolution authorizing and directing the mayor on behalf of the Irvin County government to execute change order number one to the contract with Myers Fence LLC for the Brighton East Rail Trail Phase One project, reducing the total cost by the sum of 2,771.73 from three- from $76,178 to $73,406.27. And number, number 36, a resolution authorizing and directing the mayor on behalf of the Irvin County government to execute agreements with the Humanitarium Center for Cultural and Culture and Diversity Incorporated, $425, Bluegrass Chapter American Red Cross, $725, Beaumont Residential Assoc- Association Incorporated, $500, and Southland Association Incorporated, $1,000, for the office of the Irvin County Council at a cost not to exceed the sum stated. And number 37, a resolution accepting the bid of Murillo Design and Construction in the amount of $715,977.02 for the Fifth Third Bank Pavilion at, located at Cheapside Park for the Department of Public Works and Development and authorizing and directing the mayor on behalf of the Irvin County government to execute an agreement with Murillo Design and Construction related to the bid. Thank you. Is there a motion to approve? So moved. Do I hear a second? Second. Have a motion by Council Member Crosby and a second by Council Member McCord to approve the resolutions just receiving second reading. Any discussion? Seeing, uh, Council Member Feigl. Um, thank you, Mayor. Um, I think there has been some discussion among council members here about how, um, public the, the, the final drawing has been, and so we were going to request that it be put up on the screen so that- Sure. ... um, you know, the public could see this. That's a great idea. I don't know where most effectively to put it for purposes of, uh, displaying it, but I suspect Cynthia can give us some guidance. Mayor, I think, uh, Clete from KKG is here and maybe can... I, we have a large poster board here. I don't know if he's got something for the, um, ELMO or not. Hold on one minute. He's scrambling for something right now. Okay. Do we So it could be 20 foot doors so it could be used longer than the- That's, that's not even my concern. My concern is that we wouldn't want somebody to come back and say, "Well, we never saw it, and it did two readings in one night." Council Member Feigl, if, uh, I think we're, we're rolling ahead here. Okay. My only concern is that if that ha- if it hasn't been, um, properly, uh, viewed by the public and that we have two readings in the same night, this will be the only opportunity that the public gets to weigh in on the final design. Mayor, may I suggest that while he's getting that pulled up, we go ahead and vote on the other items? That's perfectly... O- on, on the other items? Mm-hmm. And wait on 37? Yes. Um, if there's no objection, we'll divide and, and vote on all items other than item number 37 now. Um, so the motion to approve will be for all items receiving second reading other than number 37. I see no further discussion on those items, so let's proceed to vote. Those in favor of approving all items receiving second reading other than item number 37, please indicate by saying aye. Aye. Opposed, no. Motion carries. Uh, excuse me, we need to do a roll call vote. So those in favor, please indicate by voting aye electronically. Those opposed, vote nay electronically. And, um, Madam Clerk, please call the roll. Mr. Beard. Aye. Mr. Bluez. Yes. Ms. Crosby. Yes. Y- Yes? Okay. Mr. Ellinger. Yes. Miss Feigel. Yes. Ms. Gordon. Aye. Mr. Gray. Yes. Ms. Henson. Yes. Ms. James. Yes. Mr. Lane. Yes. Ms. Lawless. Yes. Mr. Martin. Yes. Mr. McCord. Yes. Mr. Myers. Yes. And Mr. Stennet. Yes. Uh, all right. Those resolutions are approved. What we might do in the interest of, uh, expediency, if you're not ready to go right now... Mayor. Mayor. Council Member Stennet. I- is the que- do we need a second reading tonight, Council Member Lawless? Is that what we're trying to get? Uh, yes, because it's a very tight contract time of 12 weeks. Okay. And it needs to be up and going by, I think, April 4th or- Okay. ... 9th is the deadline. And so that's the reason for needing to move forward, because there are already events planned there, et cetera. I- I will say that I have spent, um, several hours today on the phone talking to stakeholders, learning about steel fabrication, accreditation, um, drawings and, um, I may be a contractor sometime soon. But, um, so I've done a lot of research on this, and... But I certainly understand the concern for wanting to see it- No, I- ... and it's no point. And I appreciate that concern. I'm just saying, if we're gonna have second reading tonight, I mean, it's n- it's nice to show the pictures on TV, but no one can call us about it, so I mean, it's, it's almost a mute point unless we wait till next council meeting, two weeks, so people can have a real opportunity to see it, which would be the more... So is there a motion on the floor to do a second reading? Yes. Yes, still? It's still on then. We haven't voted on it yet. It has been given second reading, but there is no motion to approve it at this time. Mm-hmm. So it's- We sep- It is- I thought we separated it out. We did. Out to vote. I'm sorry. Right, that's what I thought. So the motion's already been made to give it second reading. We just- Yes. ... have a vote. I- I apologize. And, and it is received. That's what I thought, okay. Received second reading. So, um, Council Member Martin. Uh, Mayor, we- we've got cameras here, and we've got a picture board here. Why won't you let the camera take a picture of it? I mean, that's... Are we... I can't see what's being shown on the screen now, so, uh... Looks like they're working on it. We're not gonna be able to project it on the screen, but we can show it for viewers at home. All right. Okay. We're advised that while we cannot project it on the screens here, we are in a position to, uh, show them to those who may be watching on GTV3 this evening. Is it the, uh, or the other one? And, and Mr. Behnken, I might, I might... Who will give me 50? I'd like 80, please. I'd like 25. We're gonna get it done. Necessity is the mother of invention this evening, and, uh, when you, uh, complete your duties as an easel, Mr. Behnken, I- I, my recollection is the design that is being displayed here is fairly close to the design that was originally talked about, uh, over the course of the last 18 months or so. Is that a fair characterization? Uh, yes, Mr. Mayor. The, um, we received, um, good, very good feedback from several downtown stakeholders. Um, there was a time when the building had a little bit more programming going on, and it wasn't as transparent as the original drawings that were presented over a year ago indicated. So we worked with, um, folks from the University of Kentucky's School of Architecture. We worked with, uh, those downtown stakeholders to amend the drawings, and, uh, we believe that we have, uh, hopefully addressed those concerns. Um, and we do, in fact, have a building that is transparent and flow-through across the site, which was really one of the overriding concerns. Do I hear a motion to approve? Council Member Feigel. Can I ask a question? Certainly. I know that, um, one, one of the concerns that was expressed by some of the, um, the vendors, um, early on in the concept was that, with it being glass, that it would retain a lot of heat in the interior space. What have you done to address that? The, uh, the roofs of the wings are not glass. They have an opaque monitor, where you have a, a translucent polycarbonate. So you've got daylighting, but no direct sunlight, uh, on the, on the produce that might be there. Mm-hmm. Uh, the center pavilion, uh, is glass. Uh, but the m- most of the roof is not glass. It also has a, a sh- if you can see on the, uh, plan view, you can see what looks like some squares- ... at the top. That would be the translucent material. So again, there's daylighting coming in, but it's not all, uh, glass. Most of the roof is, uh, standing seam metal. But there's some glass up there? It's a, it's a-- it's, uh, glass-like. It's polycarbonate. Okay. Is, um, do you anticipate needing to clean this glass? Uh, it will need to be cleaned, uh, every now and then. The p- the polycarbonate, uh, less often because it's translucent. Okay, thank you. Council Member Lane. Yeah. Th- one of the questions I've been asked is, uh, if it's a year-round facility, does it have any heating or air conditioning or any way to, uh, make it, uh, you know, usable in the winter? Yeah, I, uh, at the end of the day, uh, having provisions for HVAC systems was one of the things that was causing it to be non-transparent at the ground plane. So we elected to remove those facilities. And I guess the best example of how it can be used, um, more year round is, is right there on the site you've got the Cheifside Cafe, and if you've been there as I have in the, uh, fall and even on a football Saturday when it's chilly out, they have, um, kerosene heaters out there. And they really do an excellent job of, of making the space, um, habitable. So the thought would be that you'd have propane or kerosene heaters that you can bring out to extend the useful, um, life of the facility. Um, there are also, there's also, um, the ability to use dropdown canvas, which is what a lot of farmers markets do, uh, to extend the, the life of the facility. Uh, one followup question. Could you go through some of the uses for the facility other than for the farmer's market? I'd be pleased to, yes. Um, it, it, um, it is, of course, as we've mentioned, useful for the Lexington Farmer's Market. They envision being there every Saturday from April until, uh, the end of October, maybe into November. With the center pavilion, um, they believe that they can, they can extend their hours beyond those dates and maybe be out there even longer, uh, because that can be mostly enclosed. Um, there are, as y- you saw in the renderings, there are some, on the, on the flanks of the center pavilion, there are some doors that can drop down or up depending on the use that's going on. Um, the, uh, Thursday Night Live, uh, event will continue to happen there and during inclement weather, uh, versus basically shutting down as it does now. You can set the band up on the inside and you can continue the festivities. And then, um, there's a number of other events that, um, are already, um, uh, occurring there, like the Chili Festival and, um, and other similar events. And because of this facility, it's my understanding that the city is getting more requests for the use of the facility. So, uh, I know from talking to folks at the DLC that there might be another, uh, event like Thursday Night Live, but maybe geared more toward, uh, younger people. Uh, uh, I think Tuesday Night Live was thrown out there as, as maybe an idea. Um, but we would expect that it would be used for art fairs, for, uh, other, um, festivals and events, and that it would be, um, um, probably in very high demand. Thank you very much. Thank you. Council Member Wallace. Um, I think there's also, uh, hope that it would be able to be rented out for things like weddings or private events also, so. That's correct. Council Member Feigl. Okay. Just one more question. Um, because I do feel like that one of the reasons for these public hearings is to give the, um, the public an opportunity to, to weigh in on this before we make a decision- Sure. ... would you just comment for me on the, uh, the urgency of this that, uh, that we should go ahead and have both readings tonight? Mm-hmm. Um, I, I think, I think it's o- um, downtown stakeholders and, and, and especially the, the businesses and folks that make their living and, um, and, and, and, and have their lives, uh, conducted around the, the Chiefside area recognize that, um, um, it's, it's a catalyst for them. Um, it's the sign of the transformation that's coming. Um, and it's really the first project that the city will be able to look at and say, "Look what we were able to accomplish, um, during tough times." Um, but it's really a sign of, of what you wanna do. So it, it annou- it allows the farmer's market to kick off its season, the opening of its season in its new home. And that's, that's big noise because that's an event and that's a use that is available for people of all incomes, not just people of, of greater means. It's also, um, in the heart of the city. Uh, the court square is where Lexington was founded. So it just seemed like if you're gonna get something done and if you're gonna give something for residents of, uh, Fayette County, um, to appreciate, that this is something that we can give them early and, um, and we can give it to 'em, uh, so that you can app- you can understand why you're going through the travails of the reconstruction. Is there a motion to approve Number 37? Do I hear a second? Second. Have a motion by Council Member Blues, and a second by Council Member Gordon to approve item number 37 on the resolutions list. Is there any more discussion? Seeing none, we'll vote. Those in favor, please indicate by voting aye electronically. Those opposed vote nay electronically. And Madam Clerk, please call the role. Mr. Beard. Aye. Mr. Blues. Yes. Miss Crosby. Yes. Mr. Ellenger. Yes. Miss Feigel. Yes. Miss Gordon. Aye. Mr. Gray. Yes. Miss Henson. Yes. Miss James. Yes. Mr. Lane. Yes. Miss Lawless. Yes. Mr. Martin. Yes. Mr. McCord. Yes. Mr. Myers. Yes. And Mr. Senate. Thank you. Thank you, that resolution is approved. We have a couple of reports from building inspection that I think have previously been circulated. Uh, a motion to approve item number nine, the communications from the mayor would be in order at this time. Second. Second. Have a motion by Council Member Crosby and a second by Council Member Lane. Any discussion? All in favor please say aye. Opposed, no? Motion carries. Uh, we're now down to announcements. Uh, we have a couple of matters, uh, one of which I would put in the category of some good financial news that I want to share with the- the council this evening. It's a result of some events that transpired today and I've asked Commissioner Rumpke to come give you a brief rundown about that. Thank you, Mayor. And in the midst of all this bad news, the reason why I've been smiling this whole, this whole afternoon is about 1:00 this afternoon, all the stars aligned in favor of the citizens of Fayette County. We, uh, had a very, very good day in the market. Our bonds sold today, and as a result, we got probably some of the best rates we could've ever gotten. If we had sold earlier in the week, it might've been some of the worst rates we would have ever received. And as a result of that, um, obviously we're gonna have lower debt service than what we looked at originally in our, um, our CIP bonding workshops. I don't have the specifics yet 'cause all of this just happened, obviously, this afternoon and we're working with our, um, underwriters to get that quantified, so I'll be sharing that very shortly with the council that at the end of the day, we're very excited because we know it's gonna result in lower debt service for us in FY11 and we all know we need every little penny to be able to, uh, to get through the next 18 months. So, I'm- I'm very excited. Thank you for all of your help and it was a great day for- for the citizens of Fayette County. Thank you very much. We- we will be getting additional details about that, but the interest rates we received when the bonds were, uh, sold today was except- were exceptionally attractive and that does nothing but lighten our debt service load, which is great. So, just as when, uh, folks refinance their home and get a lower interest rate, uh, today we've been able to achieve a significantly lower interest rate on, um, a number of our- our bonds and- and that will, um, that will help us all. Chief Hendricks, I think you have a couple of matters to bring to our attention this evening. I do, Mayor. Thank you, sir. Have, uh, two matters of discipline in the matter of firefighter Mike- Matt Howard, employee number 39203, uh, has committed the offense of an at-fault vehicle accident greater than $1,000 in damages, um, in violation of KRS 95450 and Division of Fire Policy Statement 800.18, on the 9th of October, was involved in a motor vehicle accident, causing injury while on duty and operating a vehicle owned and representing the Lexington Fire Department with further complicating factors, the three civilians being injured and transported to the hospital. Uh, for that, the administration recommended, uh, 40 hours suspension without pay and the employee has, uh, signed in his concurrence. Move approval. Have a motion by Council Member Gordon and a second by Council Member, uh, Crosby to approve the recommended discipline. Any discussion? All in favor, please say aye. Opposed, no? Motion carries. Chief. Yes, sir. In the matter of firefighter Floyd Thompson, employee number 38446, committed the offense- has committed the offense of misconduct in violation of KRS 95450 and division policy statements and SOPs. On the 2nd of October, uh, he allegedly possessed and left an open space and inappropriate images on an SD card at station 17. Uh, recommendation of the administration is a 24-hour suspension without pay for scheduled work hours and a mandatory referral and completion of a program designed by the Employee Assistance Program. I also have an indication of the employee signature of con- of, uh, conformity. Thank you. Move approval. Have a motion by Council Member Gordon, second by Council Member Crosby to approve the recommended discipline. Any discussion? Council Member James. Thanks, Mayor. Um, Chief, did the images on the SD, were they related to work? I would have to say no, ma'am. Okay, thanks. Thanks, Mayor. Thank you. Anything further? Then those in favor of approving the recommended discipline, please indicate by saying aye. Opposed, no? Motion carries. Sure. Thank you, Chief. Any further announcements? Um, uh, I know we have at least one person scheduled to, uh, uh, participate in the public comment section tonight, and perhaps two. Uh, Mr. McCarthy, if I can in- a- a- ask your indulgence for just a moment, let me check and see if Yael Brown would care to come address the Council. Great. I think most of you know Sarah Brown. This is Sarah's daughter, Yael. Hello, my name is Yael Brown. I live at 215 Rand Avenue. This is my friend, Jada. And I think you should let the firefighters go to Haiti. For one, it's not fair to children to cry about their family and friends being lost underground. Also, I've been praying every night for Haiti one year before the earthquake happened. Please do whatever you can for Haiti. Thank you. Thank you, Yael. That was very nice. Thank you for joining us tonight. Mr. McCarthy. Two weeks ago, right at the stroke of midnight as the year began, um, I heard what sounded like a massive gunfight throughout the neighborhood surrounding my house, beginning right on the stroke of midnight. Now, if my ears were deceiving me and these sounds were something other than real guns firing real bullets, somebody please reassure me. I mean, I'm not meaning to gripe about the noise, if somebody were firing blanks or setting off firecrackers, but if my neighbors were in fact firing real bullets randomly into the sky without regard for where these bullets would fall back down, uh, that is a serious public safety problem. And I'm just wondering how many roofs are going to leak at the first time that it rains instead of snowing because of fresh bullet holes in them. And also, not ja- and I'm not just worried about my own roof here. I'd kinda hate to have holes blasted into any of, quite a few roofs that I helped build over the last 18-plus years. Thank you, Mr. McCarthy. Any other, uh, individual wish to address the Council? Seeing none, I think we're concluded. Is there a motion to adjourn? Move to adjourn. Second. Council Member Ellinger has moved to adjourn. Council Member Myers has seconded the motion. All in favor, please say aye. Aye. Opposed, no. Motion carries. Thank you.