Greetings audience, we're waiting to get settled here. I'll call the meeting to order. The mayor is going to be a few minutes late tonight, so we'll proceed. And clerk, would you please call the roll? Mr. Beard? Aye. Mr. Stennett? Present. Mr. Blues? Ms. Crosby? Mr. Ellinger? Ms. Feigl? Ms. Gorton? Here. Mr. Gray? Here. Ms. Henson? Here. Ms. James? Mr. Lane? Ms. Lawless? Here. Mr. Martin? Mr. McCord? Here. Mr. Myers? Here. Thank you. Thank you, Madam Clerk. Our invocation tonight will be offered by the Reverend Cynthia Kane. Is Reverend Kane present? Is Mr. Green present? How about Mr. Anthony Wright? We know that we've got capable spirits here. Is already Anthony all right? Wonderful. Thank you. Our own Anthony Wright. Thank you, sir. Let us pray. Eternal God, our Father, we thank you for this day and for our lives. And Lord, we thank you for the opportunity to serve. Thank you for using us in your service. We ask, Lord, that we would deliberate and handle the issues of your people the way you would want us to handle them. Father God, rest over this meeting this night. We leave it in your capable hands, Lord. We give you thanks for all who serve us. In Jesus' name, I pray. Amen. Anthony, thank you so much. All right. We are now ready for ordinances, which ordinance for a second reading, Madam Clerk. Ordinance number one, an ordinance amending certain of the budgets of the Lexington-Fayette-Urban County government to reflect current requirements in the council office for funds in the amount of $1,550 from neighborhood development funds for the senior intern program and appropriating and reappropriating funds, schedule number 139. Number two, an ordinance authorizing and directing the mayor on behalf of the Urban County government to execute and submit a grant application to the National Police Athletic League 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 $8,000 federal funds are for continuation of the Police Athletic League Youth Enrichment Program, the acceptance of which does not obligate the Urban County government for the expenditure of funds appropriating funds pursuant to schedule and authorizing the mayor to transfer unencumbered funds within the grant budget. Number three, an ordinance authorizing and directing the mayor on behalf of the Urban County government to accept a grant from the Kentucky Division of Forestry. Which grant funds are in the amount of $3,153 federal funds are for two forestry employees to attend the 2010 International Society of Arboriculture Conference and Trade Show, the acceptance of which obligates the Urban County government for the expenditure of $3,153 as a local match appropriating funds pursuant to schedule number 141 and authorizing the mayor to transfer unencumbered funds within the grant budget. Number four, an ordinance authorizing and directing the mayor on behalf of the Urban County government to accept a grant from the Kentucky Transportation Cabinet. Which grant funds are in the amount of $365,000 federal funds are for the Illuminated Street Name Signs Project, the acceptance of which does not obligate the Urban County government for the expenditure of funds appropriating funds pursuant to schedule number 142 and authorizing the mayor to transfer unencumbered funds within the grant budget. Number five, 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 143. Number six, an ordinance authorizing and directing the mayor on behalf of the Urban County government to accept a grant from the Commission on Fire Protection Personnel Standards and Education. Which grant funds are in the amount of $1,976,715 Commonwealth of Kentucky funds are for training incentive funds for firefighters, the acceptance of which does not obligate the Urban County government for the expenditure of funds appropriating funds pursuant to fiscal year 2011, schedule number 12 and authorizing the mayor to transfer unencumbered funds within the grant budget. Number seven, an ordinance authorizing and directing the mayor on behalf of the Urban County government to accept a grant from the Kentucky Justice and Public Safety Cabinet. Which grant funds are in the amount of $2,063,763 Commonwealth of Kentucky funds are for police training incentive funds, the acceptance of which does not obligate the Urban County government for the expenditure of funds appropriating funds pursuant to fiscal year 2011, schedule number 13 and authorizing the mayor to transfer unencumbered funds within the grant budget. Number eight, an ordinance of the Lexington-Fayette Urban County Council relating to one, the refunding of A, the $4 million Lexington-Fayette Urban County government adjustable rate industrial building revenue bond series 2000 Roman Catholic Diocese of Lexington project. Two, the financing of the acquisition, construction, equipping and installation of five new buildings on the Lexington Catholic High School campus, aggregating 7,127 square feet, which will consist of storage facilities, restrooms and a press box, capital maintenance and repair to school facilities and resurfacing and renovation of 3.4 acres of athletic fields. And three, the payment of costs of issuance, the project agreeing to undertake the issuance of Lexington-Fayette Urban County refunding revenue notes in two series in an aggregate amount not to exceed $5,100,000, the notes. Four, approving and authorizing the execution and delivery of A, a loan agreement among the Lexington-Fayette Urban County government, Roman Catholic Diocese of Lexington and PNC Bank National Association, B, the notes and C, any and all other related documents and five, authorizing the taking of other related action. Thank you, Madam Clerk. My apologies for running a little late. I was at Eastern State Hospital for an event they were having there tonight to talk about the change in that facility. So I appreciate your understanding and I thank Vice Mayor Gray for getting this underway. However, we are now to the point at which we are scheduled to conduct a public hearing on the item listed under, matter listed under item eight on the docket this evening. Does anyone wish to address the council? Seeing none, we will close the public hearing. Madam Clerk. Ordinance number nine, an ordinance authorizing the issuance of up to $7,450,000 of educational building revenue refunding and improvement bond series 2010, Sayre College Incorporated project of the Lexington-Fayette Urban County government, the proceeds of which shall be loaned to Sayre College Incorporated doing business at Sayre School to finance the cost of refunding the Lexington-Fayette Urban County government variable rate educational facilities revenue bonds, Sayre School series 2001, including penalties and or premium, the proceeds of which were used to construct, install, renovate and equip certain capital improvements to the facilities of Sayre College Incorporated doing business at Sayre School, located at 240 North Limestone, Lexington, Kentucky, providing for the pledge of revenues for the payment of such bonds, authorizing a bond purchase agreement and a loan agreement appropriate for the protection and disposition of such revenues and to further secure such bonds, recognizing the bonds as qualified tax exempt obligations under IRC section 265B3G1 and 2 and authorizing other actions in connection with the issuance of such bonds. Thank you. We are also required to conduct a public hearing with regard to item number nine. Let me convene that public hearing. Is there anyone who wishes to address the council with regard to item number nine this evening? Seeing none, we will close the public hearing and that concludes the reading of the ordinances entitled to second reading this evening. Is there a motion to approve those ordinances? I have a motion by Councilmember Martin and a second by Councilmember Ellinger to approve the ordinances. Any discussion? Seeing none, we'll proceed to vote. Those in favor of approving those ordinances receiving second reading, please indicate by voting aye electronically. Those opposed, vote nay electronically. And Madam Clerk, please call the roll. Mr. Beard? Aye. Mr. Stennett? Mr. Blues? Yes. Ms. Crosby? Is absent. Mr. Ellinger? Yes. Ms. Feigl? Ms. Gordon? Aye. Mr. Gray? Yes. Ms. Henson? Yes. Mr. Lane? Yes. Ms. Lawless? Mr. Martin? Mr. McCord? Yes. Mr. Myers? Thank you. Those ordinances are approved. We're now ready for item four on the agenda, the reading of ordinances entitled to first reading. Madam Clerk. Ordinance number 10, an ordinance amending article one of the zoning ordinance to modify the definitions of boarding house, lodging house, family, dwelling single family, and dwelling two family to add definitions of functional family and fraternity or sorority house, to add a new section to article seven pertaining to the process before the Board of Adjustment to obtain a conditional use permit as a functional family, and to amend article 8-5C to eliminate the keeping of borders as an acceptable accessory use. Number 11, an ordinance authorizing the Division of Revenue to implement a one-time occupational license fee amnesty program waiving penalties and interest for delinquent occupational license fees owed by applicants to the program who have failed to file returns and or pay occupational license fees, which are delinquent as of June 1st, 2010, and who voluntarily file returns and remit full payment or pay 25% of the delinquency and enter into acceptable agreements to pay all delinquent taxes, said program to run from the date of passage of this ordinance through July 30, 2010. Number 12, an ordinance amending subsection 1729-4 of the Code of Ordinances, Lexington-Fayette-Urban County Government pertaining to the definition of outdoor cafe to allow for outdoor cafes to be located in B-1 zones. Number 13, an ordinance authorizing the Mayor on behalf of the Urban County Government to execute and submit a grant application to the Fireman's Fund Insurance Company 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 $5,000 or for purchase of an all-terrain EMS transport vehicle, the acceptance of which does not obligate the Urban County Government for the expenditure of funds appropriating funds pursuant to Schedule No. 144. Number 14, 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 No. 145. Number 15, an ordinance authorizing and directing the Mayor on behalf of the Urban County Government to execute a modification to Neighborhood Stabilization Program funding agreement with the Kentucky Department for Local Government for expanded use of the funds for redevelopment of vacant and abandoned properties and decreasing the amount of funding to $1 million and appropriating funds pursuant to Schedule No. 146. Number 16, an ordinance amending certain of the budgets of the Lexington-Fayette- Urban County Government to reflect current requirements for funds in the amount of $2,520 from Neighborhood Development Funds in the Division of Parks and Recreation for installation of park benches in Kirk Levington and Meadowbrook Parks and appropriating and reappropriating funds Schedule No. 147. Number 17, an ordinance amending certain of the budgets of the Lexington-Fayette- Urban County Government to reflect current requirements for funds in the amount of $200 from Neighborhood Development Funds in the Division of Parks and Recreation for removal of a park bench and appropriating and reappropriating funds Schedule No. 148. Number 18, an ordinance repealing a Chapter 2, Article 22, Section 2-284 through 2-287 of the Code of Ordinances to abolish the One Parent, One Family Facility Corporation. Number 19, an ordinance amending Section 21-5-2 of the Code of Ordinances transferring one position of GIS Programmer Analyst Grade 117-E and one position of GIS Specialist from the Division of Computer Services to the Division of Emergency Management 9-1-1 and transferring the incumbents. Number 20, an ordinance amending Section 21-5-2 of the Code of Ordinances transferring one position of Custodial Worker Grade 102-N from the Department of Social Services to the Division of Facilities and Fleet Management, transferring one position of Custodial Worker Grade 102-N and one position of Program Coordinator Grade 109-N from the Division of Family Services to the Division of Facilities and Fleet Management. And amending Section 22-5-2 of the Code of Ordinances transferring one position of Custodial Worker Grade 102-N and one position of Custodial Worker part Grade 102-N from the Division of Adult Services to the Division of Facilities and Fleet Management and transferring three positions of Custodial Worker part-time Grade 102-N from the Division of Family Services to the Division of Facilities and Fleet Management and transferring the incumbents. Number 21, an ordinance amending Section 3 of Ordinance No. 202-2006 to remove the deletion of the Communications Officer part-time position from Chapter 21 effective retroactive to July 6, 2006. Council Member Wallace. Are there any walk-ons? There were, Mr. Green said there were no walk-ons. I'd like to suspend the rules and give a second reading to Number 10. Council Member Wallace, that can't be read twice on the same evening. I withdraw that. All right. Thank you. Mr. Horne, any other motions with regard to those ordinances? All right. Then let's proceed to the reading of resolutions entitled to the second reading. Resolution No. Resolution No. 1, a resolution accepting the bid of Flavor-Rich Dairies, LLC, establishing a price contract for dairy products for the Division of Family Services. Number 2, a resolution accepting the bid of Speedway Super America, LLC, establishing a price contract for commercial fuel for the Division of Facilities and Fleet Management. Number 3, a resolution accepting the bids of Agrium Advanced Technologies, Advanced Turf Solutions, Incorporated, Regal Chemical Company, Harrells, LLC, The Hill Company, and John Deere Landscapes, establishing price contracts for golf course horticulture products for the Division of Parks and Recreation. Number 4, a resolution approving the granting of an inducement to U.S. Equestrian Federation, Incorporated, pursuant to the Kentucky Business Investment Act created by House Bill 3 of the 2009 Extraordinary Legislative Session, whereby Lexington-Fayette Urban County Government agrees to forego the collection of the 1 percent of the occupational license fees that would otherwise be due to it, which shall be retained by U.S. Equestrian Federation, Incorporated, for a term of not longer than 10 years from the activation date established by the Kentucky Business Investment Program, subject to the limitations contained in the Kentucky Business Investment Act, and any agreement U.S. Equestrian Federation, Incorporated, has with the Kentucky Economic Development Finance Authority related to the project, and taking other related action. Number 5, a resolution approving the granting of an inducement to Summit Biosciences, Incorporated, pursuant to the Kentucky Business Investment Act created by House Bill 3 of the 2009 Extraordinary Legislative Session, whereby Lexington-Fayette Urban County Government agrees to forego the collection of the 1 percent of the occupational license fees that would otherwise be due to it, which shall be retained by Summit Biosciences, Incorporated, for a term of not longer than 10 years from the activation date established by the Kentucky Business Investment Program, subject to the limitations contained in the Kentucky Business Investment Act, and any agreement Summit Biosciences, Incorporated, has with the Kentucky Economic Development Finance Authority related to the project, and taking other related action. Number 6, a resolution approving the granting of an inducement to SIS Holding Company, Incorporated, pursuant to the Kentucky Business Investment Act created by House Bill 3 of the 2009 Extraordinary Legislative Session, whereby Lexington-Fayette Urban County Government agrees to forego the collection of the 1 percent of the occupational license fees that would otherwise be due to it, which shall be retained by SIS Holding Company, Incorporated, for a term of not longer than 10 years from the activation date established by the Kentucky Business Investment Program, subject to the limitations contained in the Kentucky Business Investment Act, and any agreement SIS Holding Company, Incorporated, has with the Kentucky Economic Development Finance Authority related to the project, and taking other related actions. Number 7, a resolution authorizing the Mayor, on behalf of the Urban County Government, to execute an amendment to the agreement with ICMA Retirement Corporation, ending the payroll deduction option for loan repayments and providing for online loan requests and ACH debit repayments. Number 8, a resolution authorizing and directing the Mayor, on behalf of the Urban County Government, to execute change order number 5 to the contract with Strand Associates, Incorporated, for design of the Legacy Trail, increasing the contract price by the sum of $40,000 from $1,318,100 to $1,358,100. Number 9, a resolution authorizing the Mayor, on behalf of the Urban County Government, to execute a memorandum of understanding with the Lexington Public Library to attach communication equipment to library facilities. Number 10, a resolution authorizing the Mayor, on behalf of the Urban County Government, to execute a facility usage contract with the Fayette County Board of Education for use of the Tates Creek High School track at a cost not to exceed $707.75. Number 11, a resolution authorizing the Mayor, on behalf of the Urban County Government, to execute a facility usage contract with the Fayette County Board of Education for use of the Mill Creek Elementary School gym at a cost not to exceed $3,398.13. Number 12, a resolution changing the street name and property address number of 560 Wilson Downing Road to 3824 Camelot Drive of 2580 Spur Road to... Council Member Lawless. Thank you. I have some questions about some of these. Is there... I don't see Mr. Lucas here this evening who would be the appropriate person with whom those issues should be addressed. Have you made any effort to contact him prior to this evening? I have met with him about another section, but these were not included in that. So, yes, I have met with him. So the ones you want aren't included or there's some included in the list that you want now? The ones I've met with him about aren't included in this one, but I'm noticing and I understand the rationale of the one block of Richmond Avenue, but I don't understand, like, 138 and 140 Owsley Avenue, changing it to 138 Owsley Avenue. There's several of them like that in here. Some of them are in Ms. Feigl's district. The ones I spoke with him were in the first block of Richmond Avenue. But you have not discussed any of these with him, is that correct? No. Can we table this? Motion to that effect would be in order actually after we move to approve them. It would be in order at that time to table number 12. Okay. Thank you very much. Madam Clerk. Number 12, a resolution changing the street name and property address number of 560 Wilson Downing Road to 3824 Camelot Drive of 2580 Spur Road to 2440 Innovation Drive of 267-339 Richmond Avenue to 948 National Avenue and of 269 Ellerslie Park Boulevard to 460 Weston Park, changing the property address numbers of 118-136 and 165-173 North Ashland Avenue to 124 and 163 North Ashland Avenue of 112 Ashton Drive to 114 Ashton Drive of 4940 8th and Spoonsboro Road to 4980 8th and Spoonsboro Road of 112-114 Brown Avenue to 112 Brown Avenue of 122-22 Coburn Boulevard to 22-22 Coburn Boulevard of 942-944 Dayton Avenue to 944 Dayton Avenue of 1415-1421 and 960-974 Delaware Avenue to 1421 and 968 Delaware Avenue of 110 North Eagle Creek Drive to 120 North Eagle Creek Drive of 449-453 Glen Arvin Avenue to 453 Glen Arvin Avenue of 160-162 North Hanover Avenue to 162 North Hanover Avenue of 1795 and 929-935 Liberty Road to 1793 and 933 Liberty Road of 393-395 South Limestone to 395 South Limestone 340-345 Longview Plaza to 352 Longview Plaza of 229 Miller Street to 227 Miller Street of 909 National Avenue to 905 National Avenue 1460 East New Circle Road to 1450 East New Circle Road 309-807 Oak Hill Drive to 807-809 Oak Hill Drive of 138-140 Owsley Avenue to 138 Owsley Avenue of 681-691 Reno Drive to 68-69 Reno Drive 189-191 Richmond Avenue to 191 Richmond Avenue 236-238 Sherman Avenue to 238 Sherman Avenue of 2013 St. Michael Drive to 2015 St. Michael Drive 105-111, 199-201 and 228 Walton Avenue to 107-201 and 226 Walton Avenue and of 610-622 Winchester Road to 610 Winchester Road, all effective 30 days from passage Number 13. A resolution ratifying the probationary civil service appointment of Michael LeMaster, Enforcement Officer Grade 110 and 15.213 Hourly in the Division of Waste Management effective April 24, 2010 ratifying the permanent civil service appointments of Tracy Thurman, Administrative Officer Grade 118E in the Department of General Services effective April 6, 2010. David B. Stone, Administrative Officer Senior Grade 120E in the Department of Environmental Quality effective December 18, 2009 Number 14. A resolution authorizing the Mayor on behalf of the Urban County Government to execute change order number 1 to the contract with Blue Grass Electrical Consultants Incorporated for Traffic Signal Rebuild at Nicholasville Road and Manowar Boulevard for the Division of Traffic Engineering increasing the contract price by the sum of $8,552.77 from $62,625 to $71,177.77 Number 15. A resolution authorizing the Mayor on behalf of the Urban County Government to execute change order number 1 to the contract with G&G Paving for Coulibin Parking Lot increasing the contract price by the sum of $9,599 from $18,900 to $28,499 Number 16. A resolution accepting the proposal of Gila Corporation doing business as Municipal Services Bureau to provide collection services related to delinquent fees, fines or taxes and authorizing and directing the Mayor on behalf of the Urban County Government to execute an agreement with Municipal Services Bureau for performance of such services at a cost based upon contingency fees on amounts collected pursuant to the agreement at a maximum rate not to exceed 38% Number 17. A resolution accepting the proposal of Hedgehog Incorporated to provide reverse auction services and authorizing and directing the Mayor on behalf of the Urban County Government to execute an agreement with Hedgehog Incorporated for performance of such services at no direct cost to the Urban County Government Number 18. A resolution authorizing the Mayor on behalf of the Urban County Government to execute a facility usage agreement with Ruby E. Bailey Family Services Center Incorporated for facility use for the Police Athletics League Clear Unit and Division of Youth Services at a cost not to exceed $2,137 for phone and cable installation Number 19. A resolution approving the granting of an inducement to Tiffany & Company Jewelers Incorporated Number 20. A resolution pursuant to the Kentucky Business Investment Act created by House Bill 3 of the 2009 Extraordinary Legislative Session whereby Lexington-Fayette-Urban County Government agrees to forego the collection of the 1% of the occupational license fees that would otherwise be due to it which shall be retained by Tiffany & Company Jewelers Incorporated for a term of not longer than 10 years from the activation date established by the Kentucky Business Investment Program subject to the limitations contained in the Kentucky Business Investment Act and any agreement Tiffany & Company Jewelers Incorporated has with related to the project and taking other related action Number 20. A resolution approving the Fiscal Year 2011 Budget of the Transit Authority of the Lexington-Fayette-Urban County Government Lex-Tran pursuant to KRS 96A.360 and requesting that the Commissioner of Finance authorize the Fayette County Sheriff's Office to disperse the funds to Lex-Tran collected from the ad valorem tax approved by voters on November 9, 2004 Thank you. Is there a motion to approve those resolutions? I have a motion by Council Member Blues and a second by Council Member McCord to approve the resolutions receiving second reading Council Member Lawless Yes, I would like to make a motion to table number 12 until the next meeting so that I can get clarification on some of these I have a motion by Council Member Lawless and a second by Council Member Blaine That motion is debatable only insofar as to the time at which it is to be taken from the table Any debate on that narrow issue? Seeing none, we'll proceed to vote Those in favor of tabling item 12 please indicate by voting yes electronically Those opposed vote nay Number 12 is tabled Thank you, Mayor By vote of 12 to 1 That being the case, the motion on the floor now is for the approval of resolutions 1 through 11 and 13 through 20 Is there any discussion on any of those resolutions? Seeing none, we'll proceed to vote Those in favor of approving those resolutions please indicate by voting aye electronically Those opposed vote nay Madam Clerk, please call the roll Mr. Benson? Yes Mr. Lane? Yes Ms. Lawless? Yes Mr. Martin? Yes Mr. McCord? Yes And Mr. Myers? Yes Thank you. Those resolutions are approved We're now ready for item 6 Resolutions Entitled to First Reading Resolution Accepting the Bids of West Publishing Corporation Doing Businesses West, a Thomson Reuters Business and Matthew Bender and Company Incorporated Doing Businesses LexisNexis Establishing Price Contracts for Law Publications for the Division of Community Corrections Number 22 Resolution Accepting the Bid of Hutton Communications Incorporated Establishing a Price Contract for Mobile Antennas for the Division of Police Number 23 Resolution Accepting the Bid of the Mar Company Incorporated in the amount of $77,090 for Garage Repairs Annex and Transit Center for the Division of Facilities and Fleet Management Number 25 Resolution Accepting the Bid of Municipal Equipment Incorporated in the amount of $250,954 for 2011 International 4300 Series Cabin Chassis with 11-yard Rear Loading Refuse Body for the Division of Facilities and Fleet Management Number 26 Resolution Accepting the Bid of Paul Miller Ford in the amount of $121,552.40 for F-550 Trucks for the Division of Facilities and Fleet Management Number 27 Resolution Accepting the Bid of Municipal Equipment Incorporated in the amount of $79,611 for Front Loading Refuse Body for the Division of Facilities and Fleet Management Number 28 Resolution Accepting the Bid of Jason Tate Contractor Incorporated ASL Excavating Incorporated Gooch Construction Incorporated Sensabaugh Design and Construction LM Asphalt Partners LTD Doing Businesses ATS Construction Lenco Excavation Company Incorporated Randall Davies Construction Company Ratifying the Permanent Civil Service Appointments of Joyce Thomas, Administrative Officer Senior, Grade 120E in the Department of General Services, effective April 26, 2010 Jamshid Baradaran, Director of Facilities and Fleet Management, Grade 123E in the Division of Facilities and Fleet Management, effective March 1, 2010 David Loney, Deputy Director of Fleet, Grade 120E in the Division of Facilities and Fleet Management, effective March 1, 2010 Bernard Turpin, Deputy Director of Building Maintenance, Grade 121E Dustin Baker, GIS Specialist, Grade 114N in the Division of Computer Services, effective May 10, 2010 Shanie McFarland, Social Worker, Grade 111E in the Division of Youth Services, effective March 28, 2010 Charles Napier, Security Officer, Grade 106N in the Division of Facilities and Fleet Management, effective March 29, 2010 Jason Barker, Administrative Specialist, Grade 110N in the Division of Waste Management, effective May 9, 2010 Ratifying the Probationary Sworn Appointments of Michael Runnells, Fire Major, Grade 318E 3,427.53 biweekly in the Division of Fire and Emergency Services, effective May 3, 2010 Michael Garber, Fire Captain, Grade 316N 22.368 hourly in the Division of Fire and Emergency Services, effective May 3, 2010 David Johnston, Fire Lieutenant, Grade 315N 17.268 hourly in the Division of Fire and Emergency Services, effective May 3, 2010 Johnston, Staff Assistant Senior, Grade 108N in the Division of Revenue, request 60 days, Council approved leave without pay from March 29, 2010 through May 27, 2010 Approving the Unclassified Civil Service Appointments of Hillary Morgan, Administrative Specialist Principal, Grade 114E, 1,749.60 biweekly in the Division of Water Quality, effective April 12, 2010 Larry Cox, Landfill Inspector, Part-Time, Grade 108N Johnston, Staff Assistant Senior, Grade 118N 1,749.60 biweekly in the Division of Waste Management, effective June 1, 2010 A resolution accepting the Mayor's proposed increase for fees at golf courses and not approving the Mayor's proposed increase for fees at swimming pools A resolution authorizing the Mayor, on behalf of the Urban County Government, to accept a donation from the Kentucky Horse Park of Meeting Rooms for use by Public Safety for World Equestrian Games A resolution authorizing the Mayor, on behalf of the Urban County Government, to execute and adopt a spot program agreement with Greater Faith Apostolic Church Troop 238 for services at a cost not to exceed $522.98 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, providing additional federal funds in the amount of $54,000 for the Air Quality Planning Project, which obligates the Urban County Government for the expenditure of $25,500 as a local match and $102,000 for the Mobility Coordination Project, which obligates the Urban County Government for the expenditure of $25,500 as a local match and extending the project through June 30, 2011 A resolution authorizing the Lexington-Fayette Urban County Government Historic Preservation Commission to solicit and accept donations up to $25,000 for the restoration of the historic street clock located in front of the property at 115 West Main Street A resolution approving the granting of an inducement to the HFL Sports Science Incorporated pursuant to the Kentucky Business Investment Act created by House Bill 3 of the 2009 Extraordinary Legislative Session, whereby Lexington-Fayette Urban County Government agrees to forego the collection of the 1% of the occupational license fees that would otherwise be due to it, which shall be retained by HFL Sports Science Incorporated for a term of not longer than 10 years from the activation date established by the Kentucky Business Investment Program, subject to the limitations contained in the Kentucky Business Investment Act and any agreement HFL Sports Science Incorporated has with the Kentucky Economic Development Finance Authority related to the project and taking other related action Number 36, a resolution accepting the proposal of Group CJ to provide marketing services related to the collection of occupational license fees and authorizing and directing the Mayor on behalf of the Urban County Government to execute an agreement with Group CJ for performance of such services at a cost not to exceed $70,000 Number 37, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a certificate of consideration and accept a deed conveying permanent and temporary construction easements from Clive and Elizabeth Pole for the property located at 813 Sherwood Drive for the Sherwood Drive Robin Road Stormwater Improvement Project and authorizing payment in the amount of $22,350 plus usual and appropriate closing costs. Number 38, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a and to accept a deed for the property located at 1457 Huntsville Drive for the Dixie Pump Station Upgrade Project and authorizing payment in the amount of $97,000 plus usual and appropriate closing costs. Number 39, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute certificates of consideration and other necessary documents to acquire property interest needed for the expansion area to a pumping station and force main project at a cost not to exceed $540,945.29 Number 40, a resolution authorizing the Mayor on behalf of the Urban County Government to execute a purchase of service agreement with the University of Kentucky and U.K. Arboretum for water quality workshops at a cost not to exceed $50,000. Number 41, a resolution authorizing the Mayor on behalf of the Urban County Government to execute a Green Quest Energy Awareness Sponsor License Agreement with Energy Cap Incorporated for an energy awareness website under the Energy Efficiency and Conservation Block Grant at a cost not to exceed $8,100. Number 42, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute professional service agreements with Rosemary Daly and Susanna Moberly as sexual assault nurse examiners to provide on-call forensic examinations under the Sexual Assault Nurse Examiner Program at a cost not to exceed $40 for each scheduled on-call period, $230 for each completed forensic examination, $50 per case for professional testimony in court, and the reasonable cost of medical liability insurance. A resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a Memorandum of Understanding with the Kentucky Justice and Public Safety Cabinet Department of Criminal Justice Training for extension of the Cold Case Resolution Project through December 31, 2010 at no cost to the Urban County Government. Number 44, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute and submit a grant application to the Kentucky Office of Homeland Security. Number 45, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a catering sales agreement with the Lexington Downtown Hotel and Conference Center for catering services for the Senior Intern Luncheon at a cost not to exceed $4,200. Number 46, a resolution authorizing the Mayor on behalf of the Urban County Government to execute change order number three to the contract with Schaefer Properties for the Coolivan Community Building, increasing the contract price by the sum of $3,361 from $371,169.44 to $374,530.44. Number 47, a resolution authorizing the Mayor on behalf of the Urban County Government to execute change order number one to the contract with Spectrum Contracting Services Incorporated for the Castlewood Picnic Shelter, decreasing the contract price by the sum of $1,485.44. Number 48, a resolution authorizing the Mayor on behalf of the Urban County Government to execute change order number one to the contract with BCD Incorporated for the Raven Run Visitor Center, increasing the contract price by the sum of $36,199.12 from $1,723,013 to $1,759,000. Number 49, a resolution authorizing the Mayor on behalf of the Urban County Government to execute change order number one to the contract with BCD Incorporated for the Raven Run Visitor Center, increasing the contract price by the sum of $36,199.12 from $1,723,013 to $1,759,000. Number 50, a resolution authorizing the Mayor on behalf of the Urban County Government to execute change order number one to the contract with BCD Incorporated for the Raven Run Visitor Center, increasing the contract price by the sum of $36,199.12 from $1,723,013 to $1,759,000. Number 49, a resolution authorizing the Mayor on behalf of the Urban County Government to hire Risk Management Services Corporation for Third Party Claims Administration Services for Liability and Workers' Compensation Claims at a cost not to exceed $199,200 fiscal year 2011, subject to sufficient funding. Number 50, a resolution authorizing the Mayor on behalf of the Urban County Government to execute amendments to two agreements with the Kentucky Transportation Cabinet for ITS CMS, Intelligent Transportation System Congestion Management System Traffic Improvements Projects, extending the performance periods for the agreements to June 30, 2011 at no cost to the Urban County Government. Number 51, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an improvised for the office of the Urban County Council at a cost not to exceed the sum stated. Number 52, a resolution authorizing the Mayor on behalf of the Urban County Council to execute a partial release of easement, releasing a portion of a sanitary and storm sewer easement on property located at 137 Owsley Avenue. Number 53, a resolution authorizing the Mayor on behalf of the Urban County Government to execute change order number one to the contract with Clunch Construction LLC for the Shilito Park Pave Trail, increasing the contract price by the sum of $7,958 from $951,604 to $959,562. Number 54, a resolution approving and authorizing an assistance agreement between the Lexington-Fayette Urban County Government and the Kentucky Infrastructure Authority to provide $17,208,000 of loan funds for wastewater system improvements. Number 55, a resolution authorizing the purchase of a scale management system from Mettler Toledo Incorporated and authorizing the Mayor on behalf of the Urban County Government to execute a contract with Mettler Toledo Incorporated and all related documents for the Division of Waste Management at a cost not to exceed $130,507. Number 56, a resolution authorizing the Mayor on behalf of the Urban County Government to execute amendment number three to the contract with Tetra Tech Incorporated for the Sugar Mill Hazard Mitigation Grant Project, increasing the contract price by the sum of $31,250 from $531,953 to $563,203. Number 57, a resolution authorizing the Mayor on behalf of the Urban County Government to execute an engineering services agreement with CDP Engineers Incorporated for the Deep Springs Pump Station and force main improvements at a cost not to exceed $109,575. Number 58, a resolution authorizing the Mayor on behalf of the Urban County Government to execute an environmental services agreement with Shield Environmental Associates Incorporated for environmental consulting services for the Division of Facilities and Fleet Management, the cost to be reimbursed by the Kentucky Petroleum Storage Tank Environmental Assurance Fund. Number 59, a resolution amending sections one and two of resolution number 235-2010, which authorized the Mayor on behalf of the Urban County Government to execute agreements with various organizations to delete the allocation to LexLink $200. Number 60, a resolution authorizing the Mayor on behalf of the Urban County Government to execute change order number two to the contract with Schroeder Construction Incorporated for the Cadentown for Sales Road Sanitary Sewer Improvements Project, decreasing the contract price by the sum of $31,956 from $816,457.24 to $784,501.24. Number 61, a resolution authorizing the Division of Human Resources to internally advertise for all vacant positions from the date of passage of this resolution through June 30, 2010, and authorizing the Division of Human Resources to advertise externally if a qualified internal applicant pool does not exist within the first week of any internal advertisement. Number 62, a resolution authorizing the Mayor on behalf of the Urban County Government to execute an upgrade of the document management system agreement with Highland Enterprise Content Management System to upgrade the document management system from LibertyNet to OnBase at a cost not to exceed $46,884.75 in fiscal year 2011, and being subject to funds being appropriated in future years. Thank you. Are there motions? Council Member Wang. Thank you. Okay. Thank you. I'd like to propose that we spend the rules for item number 33, resolution 33. This is at a request of the Department of Transportation to accelerate this documentation. So moved. Second. We have a motion by Council Member Lane and a second by Council Member Myers. Others we might add? I have a couple more, Mayor. Okay. Council Member Lane. Okay. Item number, resolution number 41, these are ARRC funds and they have to be expended as soon as possible. So we've been requested to get a second read on that one. That's it. Thank you. Council Member Myers. Thank you, Mayor. I move that we add number 43 to that motion by Council Member Lane. And this is pertaining to the MOU to extend the cold case resolution project through December 31, 2010. And the reason is that the extension of the cold case project funding agency has asked that we get that MOU signed and returned immediately. Item number 44, this is the structural collapse rescue equipment for the Division of Fire. The deadline on this grant application is June 11. And then also number 51, some of the funds are for the school kids before they leave school. Hopefully we can get it to them next week before school is out. Thank you, Mayor. Council Member McCord. Yes, Mayor, I'd like to ask for number 36 since it's time for the budget. Council Member Henson. Thank you, Mayor. I'd like to ask for number 61, please. The hiring deadline, the deadline to begin hiring is June 30. All right. Any others? Seeing none, I have on the floor a motion to suspend the rules for purposes of giving second reading to the following resolutions, 33, 36, 41, 43, 44, 50, 51, and 61. Did I miss any? All right. Those in favor of suspending the rules for purposes of giving second reading to those items, please indicate by saying aye. Aye. Thank you. Council Member Clark. Number 33 for second reading, 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, providing additional federal funds in the amount of $54,000 for the air quality planning project, which obligates the Urban County Government for the expenditure of $25,500 as a local match and extending the projects through June 30, 2011. Number 36, a resolution accepting the proposal of Group CJ to provide marketing services related to the collection of occupational license fees and authorizing and directing the Mayor on behalf of the Urban County Government to execute an agreement with Group CJ for performance of such services at a cost not to exceed $70,000. Number 41, a resolution authorizing the Mayor on behalf of the Urban County Government to execute a Green Quest Energy Awareness Sponsor License Agreement with Energy Cap Incorporated for an energy awareness website under the Energy Efficiency and Conservation Block Grant at a cost not to exceed $8,100. Number 43, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a memorandum of understanding with the Kentucky Justice and Public Safety Cabinet, Department of Criminal Justice training for a grant application to the Kentucky Office of Homeland Security and to provide any additional information requested in connection with this grant application, which grant funds are in the amount of $18,000 federal funds and are for the purchase of structural collapse rescue equipment for the Division of Fire and Emergency Services. Number 50, a resolution authorizing the Mayor on behalf of the Urban County Government to execute amendments to the A resolution authorizing the Mayor on behalf of the Urban County Government to execute amendments to two agreements with the Kentucky Transportation Cabinet for ITS CMS Intelligent Transportation System Congestion Management System Traffic Improvements Projects, extending the performance periods for the agreements to June 30, 2011 at no cost to the Urban County Government. Number 51, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an amendment to the Joint Honorable Kiss great Committee Relationship Secretariat. Number 61, a resolution authorizes and directing the Division of Human Resources to internally advertise for all vacant positions from the date of passage of this resolution through June 30, 2010, and authorizing the Division of Human Resources to advertise externally if a qualified internal applicant pool does not exist within the first week of any internal advertisement. Thank you. The floor is open for a motion to approve those resolutions received in the second reading. Second. Councilmember Ellinger has made that motion. Councilmember Gordon has seconded. Any discussion? Seeing none, those in favor, please indicate by voting aye. Those opposed, vote nay electronically. And Madam Clerk, please call the roll. Mr. Stennett. Mr. Beard. Aye. Mr. Blues. Mr. Ellinger. Yes. Ms. Feigl. Ms. Gordon. Aye. Mr. Gray. Yes. Ms. Henson. Yes. Mr. Lane. Yes. Ms. Lawless. Yes. Mr. Martin. Yes. Mr. McCord. Yes. Mr. Myers. Yes. Thank you. Those resolutions are approved. Item 7 on the agenda is a list of communications from the Mayor which require your approval. Is there a motion? Move approval. I have a motion by Councilmember Gordon and a second by Councilmember Beard to approve the communications from the Mayor. Any discussion? All in favor, say aye. All opposed, no. Motion carries. Item 8 is for information purposes only. Are there any announcements? Councilmember Gordon. Thank you, Mayor. I'm doing this tonight because I realized today that we do not have a work session on Tuesday. And I wanted to recognize Melinda Milburn. As many folks know, Councilmembers are part-time, and so we rely heavily on our legislative aides who run our offices when we're not here. And Melinda Milburn Jamison started working for me when I was the 4th District Councilmember and has continued on through my tenure so far as an at-large member. And many people in government know her. She has really gone above and beyond what the job description says. Since she's been an employee here, she's graduated from Citizen Police Academy, Citizen Fire Academy in an effort to learn about our public safety. She's been part of the Green Team. She empties the compost bin, one of the ones who does that. She attended and graduated from our Downtown Ambassador Program, so she became very well acquainted with downtown. And she has served me very honorably, and she's greatly trusted and respected by folks in government who know her. So next week is her last week, and so I wanted to wish her well. And we do as well. Councilmember Myers. Thank you, Mayor. As you may recall, on Tuesday, when we finished up the CAL meeting, I said that our link, finance and social services, would meet today at 2 o'clock and then we would report out in tonight's meeting. So it was an open meeting, and there may be a story about it in the newspaper tomorrow. So in order to err on the side of getting more information out to the council and the public sooner rather than later, I wanted to go ahead and make a verbal report out tonight if that accepts it. Councilmember Stennett. I think in following with our links process, our normal reports out for links are during the CAL meetings. And our next CAL meeting is on Tuesday morning at 10 a.m. Most of us don't have our budget information with us tonight because this is not a budget meeting. I think it would be more appropriate to do it Tuesday morning as a continuation of our links process because most of our links don't report out during council meetings. And if I can respond to that, I agree with what you're saying. I just wanted to do what I said I was going to do on Tuesday to the public, and that was meet on Thursday and then report out Thursday night. And if we don't want to, we can hold questions for Tuesday's CAL meeting if we like. But since we said Tuesday that we were going to meet on Thursday and report on Thursday, and there will probably be a story about it in the newspaper because they have the information, they were in the meeting, I wanted to provide my colleagues an opportunity to hear the information before they read it in the newspaper. But I'm okay with either way we go. Again, we're not going to have the opportunity to debate it or discuss it if we're just reporting out. I don't see what the harm is in waiting until a normal CAL budget meeting because this affects the budget. It doesn't affect this meeting tonight. That's just my point. You know, if my position would be if you want to take three or four minutes and summarize the meeting today, that would be fine. If there's any objection, we'll be glad to take it up. Okay. Any objection? No objection at all. I'm a little confused. It was my understanding that we had planned to do a special CAL meeting after this meeting tonight for that report out. Was that not right? Okay. I'm sorry. Thank you. All right. Council Member Meyers. Thank you, Mayor. The three topics that we took up today were the social services. I reported out that we were able to purchase a bus from a different budget, and so there's $147,900 available in their budget that's already been budgeted but not spent. The commissioner gave us a list of how she'd like to get that money allocated. There was discussion. We voted on that list. The motion was made. A second was heard, and we voted to go ahead and accept the Mayor's proposed budget for social services to include the list of spending requests by the commissioner. Secondly, we talked about the reorg for HR, which would also require that we would eliminate four positions. We voted to accept the Mayor's proposed budget on that one as well. And then third, there was the continuing conversation about the reorg for risk management, and we wanted to have an opportunity to talk to staff that we hadn't had an opportunity to talk to before. That discussion was there, and there was a motion made and a second, and it passed to not accept the Mayor's proposed budget with respect to the reorg of risk management. So if you want me to be brief, I'll just leave it at that, and then we'll get more detail out to you tomorrow on paper, and then we'll have the live discussion on Tuesday. All right. You want me to add in there that we're going to eliminate the one vacant position? There's elimination of one vacant position and then the four positions in HR. Was it the number two? Yeah, when I talk about HR, we included the four positions there. So we're going to eliminate one position that is not currently filled in risk management, but keep the other one. Correct. Thank you. All right. Any other announcements? That takes us down to our last agenda item, which is public comments, and I only have one person who's indicated a desire to speak tonight. That's Steven Rader. Mr. Rader, if you'd step forward, you'll have three minutes. Gentlemen and ladies, I'm Steven Rader. I'm president of Kentuckians Against Drunk Driving. A real brief background, I've got two brothers and three sisters. Both brothers, years ago, almost died from driving while intoxicated. Because of that, and five years ago, I formed Kentuckians Against Drunk Driving. It's a nonprofit corporation. And to start a nonprofit bus service to help get people that are intoxicated or drinking more people safely where they're going in an efficient manner. I went through all the steps, the processes, through the transportation cabinet, the same steps that a limousine company goes through, a charter bus company goes through, et cetera. Notice was given. There was no contest, no objections. I got affidavits of need for the service, affidavits to my character and ability. Operated the service legally since 2005. And I can't tell you how many parents, family members, people that I talk to that thank me for the service that we do. Now five years after the fact, I'm the impetus from someone in favor of urban county government. I'd be happy to meet with anybody. I don't know if the documents are confidential that are in the file or not, so I'm not here to blame names or what have you. The transportation cabinet comes back now and says that I need a letter of support from Lexington simply saying that you approve of this service that we provide. I start every night of the week around 10 o'clock and stay until daylight, just in case somebody's intoxicated and needs a ride. The taxi cabs, the buses, the trolleys, they all provide great service. But with the taxi cabs being private businessmen, when it slows down, a lot of them go home. And there's lots of times that four and five o'clock in the morning, I even get more calls than I can handle. Pardon me. I've been stopped over 30 times and cited with numerous citations, no taxi permit, no indemnity bond, et cetera. I've got all the we've got a certificate of authority was issued through the transportation cabinet to operate this service. Everything has been dismissed. It's all dismissed. I'm simply trying to help keep the streets safer for all of us. And since April the 10th, I've contacted numerous people in the council office, council assistants, told to speak to one person, call that person, call that person, leave messages, never hear anything back. I've not received one return phone call since April 10th. And I've spoken with numerous different people in government. That's the reason I'm not trying to go out of order or protocol. I know you're getting ready to go on vacation, and the transportation cabinet is asking for this letter of support for us to continue our service. And I would think that you would want as many safe legal options as possible for yourself, if you had a son or daughter that had been drinking alcohol, a family member, for them to get to their destination safely. And I'm asking for a letter of support that says that you all approve of this service that we do. And I'd be happy to meet with any of you and give you examples after examples. There was a businessman, and I was two businesses here in Lexington one night. I was driving. He was standing in the middle of the intersection, and I happened to know who he was. He was standing in the middle of the intersection of Upper and Main Street. And, yeah, you could say maybe he shouldn't have been drinking. I pulled up. I knew the gentleman. I said, what are you doing? Because cars were going around him. I said, what are you doing? And he just had a blank stare on his face. I said, get in the van. Mr. Rader, your time has expired. Thank you, sir. But let me suggest this. If you would visit Mr. Horn, who's sitting there to your immediate left, in our law department, and he will let us know whether that needs to be formally approved by the council in some fashion by resolution or whether it's something that I might be able to sign on behalf of Urban County Government. But if you just talk with him tonight, we'll see if we can get that addressed promptly for you. The last person I left a message for, Mr. Bennett, is who I was told today to speak to. He's out, and I haven't had a chance. So I don't want you to think that he didn't return my call. He's not had the opportunity to. But he will get us rolling. Does anyone else wish to address the council? Do I hear a motion? We adjourn. I have a motion by Council Member Stent, second by Council Member Myers to adjourn. All in favor, please say aye. Opposed, no. Motion carries.