Let's go ahead and call the meeting to order, if we could. The first item on the agenda is our roll call. Madam Clerk. Mr. Beard. Present. Mr. Blues. Mr. Blues, are you present? The mic isn't on. Thank you. Ms. Crosby. Here. Mr. Ellis. Here. Ms. Feigl. Here. Ms. Gorton. Here. Mr. Gray. Here. Ms. Henson. Here. Ms. James. Here. Mr. Lane. Here. Ms. Lawless. Here. Mr. Martin. Here. Mr. McChord. Here. Mr. Beard. Present. Mr. Beard, are you present? The mic isn't on. Thank you. Ms. Crosby. Here. Mr. Ellinger. Here. Ms. Feigl. Here. Mr. Myers. And Mr. Sinnott. Thank you. Thank you. We have a quorum, so we'll proceed. Our invocation tonight will be brought by Councilmember Gordon. Let us pray. Loving God, we come together tonight to do the business of the city, and we come as people from many faiths and many cultures, with many different beliefs and upbringings. And yet we ask that you bless us as we try tonight to do what is very best for our city and our county and the citizens who live here. We ask that you give us courage and strength every day to do what is right in your eyes, and that we look at each other and work with each other, knowing that every person has good in them. We ask these things in your name, amen. Thank you. Before we start with the ordinances, I want to take the privilege of introducing some folks from Virginia Place, including Beverly Henderson, the Executive Director. I'd like for you to all stand so that we can let you know that we appreciate you being here tonight. As many of you know, Virginia Place is one of our partner agencies. It provides, as its brochure says, transitional living learning setting for unemployed or underemployed parents who desire to become self-sufficient. We have up to 79 one-parent families who receive the combined benefits of affordable housing, child care and counseling all in one place. And so we are very glad to have you here. The individuals who are here tonight are recent recipients of advanced degrees, and they have all improved their lot in life as a consequence of improving their education. So congratulations and thanks for being here. Thank you. You can be seated, and you're welcome to stay as long as you wish, or if you need to head out, we'll certainly understand. We're now ready for the reading of ordinances entitled to second reading. So, Madam Clerk, if you'll proceed. Ordinance number one, an ordinance amending Article I of the Zoning Ordinance to modify the definitions of boardinghouse, 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 VII pertaining to the process before the Board of Adjustment to obtain a conditional use permit as a functional family, and to amend Article VIII-5C to eliminate the keeping of boarders as an acceptable accessory use. Number two, 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 1, 2010, and who voluntarily file returns and remit full payment or pay 25 percent 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 three, an ordinance amending subsection 17-29.4 of the Code of Ordinances, Lexington State and Urban County Government, pertaining to the definition of outdoor cafe to allow for outdoor cafes to be located in B1 zones. Number four, an ordinance authorizing the Mayor on behalf of the Urban County Government to execute and submit a grant application to the Environment 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 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 five, an ordinance amending certain of the budgets of the Lexington State and Urban County Government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds Schedule No. 145. Number six, 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 from $1 million, excuse me, funding to $1 million and appropriating funds pursuant to Schedule No. 146. Number seven, an ordinance amending certain of the budgets of the Lexington State and 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 eight, an ordinance amending certain of the budgets of the Lexington State and 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 nine, an ordinance repealing Chapter 2, Article 22, Section 2-284 through 2-287 of the Code of Ordinance to abolish the One Parent, One Family Facility Corporation. Number 10, an ordinance amending Section 21-52 of the Code of Ordinances transferring one position of GIS Programmer Analyst, Grade 117E, and one position of GIS Specialist from the Division of Computer Services to the Division of Emergency Management, 911 and transferring the incumbents. An ordinance amending Section 21-52 of the Code of Ordinances transferring one position of Custodial Worker, Grade 102N from the Department of Social Services to the Division of Facilities and Fleet Management. Section 22-52of the Code of Ordinances transferring one position of Custodial Worker, Grade 102N, and one position of Custodial Worker, Part-Time, Grade 102N from the Division of Adult Services to the Division of Facilities and Fleet Management and transferring three positions of Custodial Worker, Part-Time, Grade 102N from the Division of Family Services to the Division of Facilities and Fleet Management and transferring the incumbents. Section 22-52 of the Code of Ordinances transferring one position of Custodial Worker, Grade 102N from the Department of Social Services to the Division of Facilities and Fleet Management and transforming three positions of Custodial Workers, one position of Familyaxis, one position of Social Services, one and one position of Familyaxis, to the Department of Social Services. We have a motion to approve the order to transfer two positions of Custodial Worker, Grade 102N from the Department of Social Services to the Division of Facilities and Fleet Management and transform three positions of Custodial Workers, one position of Familyaxis, one position of Social Services, one position of Familyaxis, one position of President? President? Yes. Ms. Hindson? Yes. Ms. James? Mr. Lane? Yes. Ms. Lawless? Yes. Mr. Martin? Yes. Mr. McCord? Yes. Mr. Myers? Yes. And Mr. Sennott. Thank you. Thank you. Those ordinances are approved. We are now ready for the ordinances entitled to first reading. Madam Clerk. Ordinance number 13, an ordinance of the Lexington-Payette-Urban County Government, authorizing the issuance of its $65 million general obligation bond anticipation notes, series 2010E, Eastern State Hospital Project, which amount may be increased or decreased by an amount of up to 10 percent, approving a form of note authorizing designated officers to execute and deliver the notes, authorizing the direct filing of notice with the state local debt officer, providing for the payment and security of the notes, providing a note payment fund, creating a note payment fund, creating a sinking fund, authorizing acceptance of the bid of the purchaser, authorizing a preliminary official statement and final official statement for the notes, authorizing a first supplement to the memorandum of understanding, authorizing a continuing disclosure agreement for the note, and repealing inconsistent ordinances. Number 14, an ordinance of the Lexington-Payette-Urban County Government, an ordinance amending section 2-200, subsection B of the Code of Ordinances related to the picnic with the POPs to allow outdoor performances at other suitable venues. Number 15, an ordinance amending section 4-23 of the Code of Ordinances related to dog run areas to allow for the designation of various parks as dog run areas as financing becomes available. Number 16, an ordinance creating section 18-119.1, subsection 1 of the Code of Ordinances related to a no parking zone during the 2010 World Equestrian Games along designated bus routes and primary entry and exit routes to the Kentucky Horse Park, creating section 18-119.1, subsection 2 of the Code of Ordinances related to a no parking zone for the 2010 World Equestrian Games, designated the time frame and geographical boundaries for the no parking zone, creating section 18-119.1, subsection 3 of the Code of Ordinances related to a no parking zone during the 2010 World Equestrian Games for section 18-119.1 to expire at 12 a.m. on October 10, 2010. Number 17, an ordinance authorizing and directing the Mayor on behalf of the Urban County Government to accept a grant from the Environmental Protection Agency, which grant funds are in the amount of $200,000 federal funds, are for the assessment of petroleum contaminated sites, the acceptance of which does not obligate the Urban County Government for the expenditure of funds, appropriating funds pursuant to Schedule No. 149 and authorizing the Mayor to transfer unencumbered funds within the grant budget. Number 18, 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. 150. Number 19, an ordinance authorizing and directing the Mayor on behalf of the Urban County Government to execute and submit a grant application to the U.S. 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 $367,774 federal funds under the Edward Byrne Memorial Justice Assistance Grant Program, are for the continued support of four civilian positions in the Division of Police established under the 2009 Recovery Act Edward Byrne Memorial Competitive Grant Program hiring of civilian law enforcement, the acceptance of which does not obligate the Urban County Government for the expenditure of funds, appropriating funds pursuant to FY 2011 Schedule No. 14 and authorizing the Mayor to transfer unencumbered funds within the grant budget. Number 20, an ordinance authorizing and directing the Mayor on behalf of the Urban County Government to execute and submit a grant application to the Kentucky Department of Juvenile Justice 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 $15,275 federal funds, are for the continuation of the Juvenile Surveillance Program, professional services, professional development, drug testing services and supplies, and educational materials, the acceptance of which obligates the Urban County Government for the expenditure of $1,697 as a local match, appropriating funds pursuant to FY 2011 Schedule No. 15 and authorizing the Mayor to transfer unencumbered funds within the grant budget. And number 21, an ordinance amending Section 22-52 of the Code of Ordinances abolishing one temporary position of social worker, grade 111E, and creating one temporary position of eligibility counselor, grade 110E, ending three years from the date of passage of this ordinance within the Division of Community Corrections. Thank you. That concludes the reading of the ordinances entitled to first reading. In the absence of any motions, we'll proceed to resolutions entitled to second reading. Madam Clerk. Thank you. Resolution accepting the bid of Municipal Equipment Incorporated in the amount of $250,954 for 2011 International 4300 Series Cab and Chassis with 11-yard Rear Loading Refuse Bodies for the Division of Facilities and Fleet Management. Number six, a 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 seven, a 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 eight, a resolution accepting the bids of Tom Chestnut, Excavation and Construction, LLC, Jason Tate, Contractor Incorporated, ASL Excavating Incorporated, Gooch Construction Incorporated, Sensabaugh Design and Construction, LM Asphalt Partners Limited, Doing Business as ATS Construction, Linco Excavation Company Incorporated, Randall Davies Construction Company, The Allen Company Incorporated, Bluegrass Contracting Corporation, and Woodall Construction, establishing construction unit price contracts for the Division of Engineering. Number nine, a resolution ratifying the Probationary Civil Service Appointments of Brandon Hall, Maintenance Mechanic, Grade 113N, 17.7788, excuse me, 17.788 hourly in the Division of Water Quality, effective June 1, 2010. Theodore Prince, Maintenance Mechanic, Grade 113N, 17.788 hourly in the Division of Water Quality, effective June 1, 2010. Rick Bowman, Engineering Technician Senior, Grade 113E, 1007-2256, biweekly in the Division of Water Quality, effective June 1, 2010. David Smith, Engineering Technician, Grade 111N, 17.309 hourly in the Division of Water Quality, effective May 24, 2010. 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 Barardin, 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, in the Division of Facilities and Fleet Management, effective March 15, 2010. Dustin Baker, GIS Specialist, Grade 114N, in the Division of Computer Services, effective May 10, 2010. Shanie McFarlane, 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 Score and Appointments of Michael Reynolds, Fire Major, Grade 318E, in the Division of Fire, effective May 9, 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. Approving Council Leave for Norma Brack, Staff Assistant Senior, Grade 108N, in the Division of Fire and Emergency Services, effective May 3, 2010. 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, 12.50, hourly in the Division of Waste Management, effective April 12, 2010. 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. 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 WAG training courses at no cost to the Urban County Government. Number 12, a resolution authorizing and directing the Mayor, on behalf of the Urban County Government, to execute an Adopt-a-Spot Program Agreement with Greater Faith Apostolic Church Troop Number 238 for services at a cost not to exceed $522.98. Number 13, a resolution authorizing the Lexington Urban County Government Historic Preservation Commission to solicit and accept donations up to $25,000 for the restoration of the Historic Preservation Commission. Number 14, a resolution approving the granting of an inducement to HFL Sports Science Incorporated pursuant to the Kentucky Business Investment Act created by House Bill 3 of the 2009 Extraordinary Legislative Session, whereby Lexington State Urban County Government agrees to forego the collection of the one percent of the occupational license fee that would otherwise be due to it, which shall be retained by HFL Sports Science Incorporated. Number 15, a resolution authorizing and directing the Mayor, on behalf of the Urban County Government, to approve the 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 in agreement HFL Sports Science Incorporated has with the Kentucky Economic Development Finance Authority related to the project and taking other related action. Number 16, 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 HFL Sports Science Incorporated, subject to the limitations contained in the Kentucky Business Investment Act and in agreement HFL Sports Science Incorporated has with the Kentucky Economic Development Finance Authority related to the project and taking other related action. Number 17, a resolution authorizing and directing the Mayor, on behalf of the Urban County Government, to execute a Certificate of Consideration and any other documents necessary 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 $22,350 plus usual and appropriate closing costs. Number 18, a resolution authorizing and directing the Mayor, on behalf of the Urban County Government, to execute a Certificate of Consideration and other necessary documents to acquire property interest needed for the expansion area to a pumping station and forced main project at a cost not to exceed $540,945.29. Number 19, a resolution authorizing and directing the Mayor, on behalf of the Urban County Government, to execute a Certificate of Consideration and other necessary documents to acquire property interest needed for the expansion area to a pumping station and forced main project at a cost not to exceed $540,945.29. Number 18, 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 UK Arboretum for water quality workshops at a cost not to exceed $50,000.99. Number 19, a resolution authorizing and directing the Mayor, on behalf of the Urban County Government, to execute a professional services agreement 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 for professional testimony in court, and the reasonable cost of medical liability insurance. Number 20, 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 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 for professional testimony in court, and the reasonable cost of medical liability insurance. Number 21, 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 Coulivan Community Building, increasing the contract price by the sum of $3,361 from $371,169.44 to $374,530.44. Number 22, 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 $1,485.72 from $129,444 to $127,958.28. Number 23, 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 $129,444 to $127,958.28. Number 24, a resolution authorizing the Mayor, on behalf of the Urban County Government, to execute change order number one to the contract with the Castlewood Picnic Shelter, decreasing the contract price by the sum of $36,199.12 from $129,444 to $127,958.28. Number 25, a resolution authorizing the Mayor, on behalf of the Urban County Government, to execute a partial release of easement, releasing a portion of sanitary and sewer easement on a property located at 137 Owsley Avenue. Number 26, a resolution authorizing the Mayor, on behalf of the Urban County Government, to execute change order number one to the contract with Launch 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 27, a resolution approving and authorizing an assistance agreement between the Lexington-Payette-Urban County Government and the Kentucky Infrastructure Authority to provide $17,208,000 of loan funds for wastewater system improvements. Number 28, a resolution authorizing the purchase of a scale management system for 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 29, 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 Program. Number 30, 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 31, 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 Property Management at a cost not to exceed $109,575. Number 32, a resolution amending Sections 1 and 2 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 33, a resolution authorizing and directing 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-Versailles Road Center and all related documents for the Division of Waste Management at a cost not to exceed $109,575. Number 34, 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 Liberty Net to OnBase. At a cost not to exceed $46,884.75 in FY2011 and being subject to funds being appropriated in future years. Thank you. Is there a motion to approve those resolutions? I have a motion by Council Member Booz and a second by Council Member Beard to approve those resolutions, which have now received their second reading. Is there any discussion? Seeing none, we will vote. Those in favor, please indicate by voting aye. Electronically those opposed, vote nay. Electronically. Madam Clerk, please call the roll. Mr. Beard? Aye. Mr. Blues? Yes. Ms. Crosby? No on ten. Yes on everything else. No on ten. I will denote that in the record. Mr. Ellinger? Aye. Ms. Beard? Aye. Mr. Beard? Aye. Ms. Crosby? Aye. Ms. Beard? Aye. Mr. Beard? Aye. Ms. Beard? Aye. Ms. Crosby? Aye. No on ten. Yes on the rest. I will denote that in the record. Ms. Feigl? Ms. Gorton? No on ten. Yes on all the rest. I will denote that in the record. Mr. Gray? Yes. Ms. Henson? Yes. Ms. James? Yes. Mr. Lane? Yes. Ms. Lawless? No. Mr. Martin? No on ten. Yes on the rest. Mr. McCord? Yes. Mr. Myers? No on ten. Yes on the rest. Mr. Stennett? And Mayor, I have one, two, three, four, five, six noes on number ten. And how many yes votes? Everybody is present, so that would be nine. All right. All of those resolutions then are approved. We are now ready for the reading of resolutions entitled to first reading, and Madam Clerk, let me call your attention to the fact that we have a minor amendment on number 46, so if you would note that on your docket, we will attend to that at the time. What on number 46? We have a minor amendment on number 46. Thank you, sir. So if we can stop at that point, we will get it taken care of. Certainly will. Resolutions number 35, a resolution accepting the bid of LM Asphalt Partners doing business as ATS Construction in the amount of $395,000 for County Road Resurfacing for the Division of Streets, Roads, and Forestry. Number 36, a resolution accepting the bid of LM Asphalt Partners doing business as ATS Construction in the amount of $1,700,000 for City Resurfacing for the Division of Streets, Roads, and Forestry. Number 37, a resolution accepting the bid of GALS and Aramark Company LLC establishing a price contract for Soft Body Armor for the Division of Police. Number 38, a resolution accepting the bid of Municipal Equipment Incorporated establishing a price contract for Litter Receptacles for the Division of Waste Management. Number 39, a resolution accepting the bid of PECO Incorporated establishing a price contract for Hazardous Materials Spill Clean Up for the Division of Fire and Emergency Services. Number 40, a resolution accepting the bid of Intech Building Services Incorporated establishing a price contract for Custodial Services, Police Road Call West, and Health Services for the Division of Facilities and Fleet Management. Number 41, a resolution ratifying the Probationary Civil Service appointments of Thomas Paul Brannan, Engineering Technician Senior, Grade 113E, 1,596.88 bi-weekly in the Division of Water Quality, effective June 14, 2010. James Cowan, Equipment Operator Senior, Grade 109N, 14.836 hourly in the Division of Waste Management, effective June 21, 2010. Kenneth Goble, Equipment Operator Senior, Grade 109N, 16.033 hourly in the Division of Waste Management, effective June 21, 2010. Vincent Isaacs, Electrician, Grade 114N, 21.356 hourly in the Division of Water Quality, effective June 28, 2010. Ratifying the Permanent Civil Service appointment of Tanya Walters, Staff Assistant Senior, Grade 109N, 1,536 hourly in the Division of Water Quality, effective June 21, 2010. Daniel E. Hogan, Staff Assistant Senior, Grade 108N, 12.00 hourly in the Division of Building Inspection, effective June 7, 2010. Approving the Unclassified Civil Service appointments of Daniel E. Hogan, Staff Assistant Senior, Grade 108N, 12.00 hourly in the Division of Water Quality, effective June 7, 2010. Jennifer K. Benningfield, Aid to Council, Grade 000E, 2,019.23 bi-weekly in the Council Office, effective June 14, 2010. A resolution of the Lexington-Fayette-Irving County Government authorizing the advertisement for bids and the distribution of a preliminary official statement for the purchase of the principal amount of its $65 million General Obligation Bond Anticipation Note Series 2010E, Eastern State Hospital Project, which amount may be increased or decreased by an amount of up to 10 percent. A resolution of the Lexington-Fayette-Irving County Government authorizing the advertisement for bids and the distribution of a preliminary official statement for the purchase of the principal amount of its $65 million General Obligation Bond Anticipation Note Series 2010E, Eastern State Hospital Project, which amount may be increased or decreased by an amount of up to 10 percent. A resolution of the Lexington-Fayette-Irving County Government authorizing the advertisement for bids and the distribution of a preliminary official statement for the purchase of the principal amount of its $65 million General Obligation Bond Anticipation Note Series 2010E, Eastern State Hospital Project, which amount may be increased or decreased by an amount of up to 10 percent. A resolution authorizing the Mayor on behalf of the Irving County Government to execute the Memorandum of Understanding with Financial Crimes Enforcement Network for information access at no cost to the Irving County Government. A resolution authorizing the Mayor on behalf of the Irving County Government to execute five releases of streetlight easements, releasing streetlight easements in Tuscany subdivision on properties located at 2317, 2321, 2337, 2341, 2361, 2365, 2352, 2348, 2328, and 2324. A resolution authorizing the Mayor on behalf of the Irving County Government to execute the Memorandum of Understanding with Financial Crimes Enforcement Network for information access at no cost to the Irving County Government. 4. Sandhurst Cove 45. A resolution authorizing the Council Special Investigative Committee to retain outside counsel, the cost of which is to be paid from the Department of Law's Professional Services account. 6. Gorton 46. A resolution authorizing the Mayor on behalf of the Irving County Government to execute the Memorandum of Understanding with Financial Crimes Enforcement Network for information access at no cost to the Irving County Government. 7. Gorton 47. A resolution authorizing the Mayor on behalf of the Irving County Government to retain outside counsel, the cost of which is to be paid from the Department of Law's Professional Services account. Thank you. Resolution number 46 as amended. Did you see me losing that number? Resolution number 47 as amended. Resolution number 48 as amended. Resolution number 49. Resolution number 50. Resolution number 51. Resolution number 52. Resolution number 53. Resolution number 54. Resolution number 54. Resolution number 55. Resolution number 56. Resolution number 57. Resolution number 58. Resolution number 58. $478. Number 62, a resolution authorizing the mayor on behalf of the urban county government to execute an agreement with the Kentucky Transportation Cabinet for construction and maintenance of a stone wall. Number 63, a resolution authorizing the mayor on behalf of the urban county government to execute a test security agreement with IO Solutions Incorporated for the development and design of a written test for applicants applying for lieutenant, captain, and major positions in the Division of Fire and Emergency Services at a cost not to exceed $14,000. Number 64, a resolution authorizing the mayor on behalf of the urban county government to test to execute a test security agreement with IO Solutions Incorporated for the development and design of a written test for the applicants applying for recruit firefighter positions in the Division of Fire and Emergency Services at a cost not to exceed $7,500. Number 65, a resolution authorizing and directed the mayor on behalf of the urban county government to execute an agreement with Friends of Wolf Run for implementation of activities under the Wolf Run Creek Watershed-Based Plan at a cost not to exceed $18,500 in grant funds. And number 66, a resolution authorizing and directing the mayor on behalf of the urban county government to execute change order number 2 to the contract with H.W. Lochner for right-of-way acquisition services for the Newtown Pike Extension Project, increasing the contract price by the sum of $18,050 from $197,681.25 to $215,731.25. Thank you. That concludes the reading of resolutions entitled to first reading. I understand there are several motions, so let's just take it from the top. Council Member Hentz. Thank you, Mayor. Excuse me. Council Member Stena does have a walk-on, so we might attend to that first. Thank you, Mayor. Everyone should have got a copy of the motion. This bid was just approved this afternoon at 4 o'clock, that's why we're walking it on. So I move to place on the docket for tonight's meeting a resolution accepting a bid of CNEG establishing a price contract, the amount equal to the natural gas price at the time of request delivery based on the rates of status by the New York Mercantile Exchange plus $0.522 per decatheter for transportation of natural gas and authorizing the Director of the Mayor to execute an agreement with CNEG for use by the Division of Community Corrections at 600 Old Frankfort Pike. So moved. I have a motion that Council Member Stena and a second that Council Member Stinson to add that resolution to tonight's docket. Any discussion? All in favor, please say aye. All opposed, no. Motion carries. Madam Clerk, if you would give it first reading. Resolution number 67, a resolution accepting the bid of CNEG establishing a price contract in an amount equal to the natural gas price at the time of requested delivery based on rates established by the New York Mercantile Exchange plus $0.522 per decatheter for transportation of the natural gas and authorizing and directing the Mayor on behalf of the Urban County Government to execute an agreement with CNEG for all for the direct purchase and transportation of natural gas for use by the Division of Community Corrections at 600 Old Frankfort Circle. Thank you. Now we'll go back and take up motions. Council Member Myers. Thank you, Mayor. I move to suspend the rules and give second reading to number 45. Do I hear a second? Second. Are there others? Council Member, we'll just go down the list here. Council Member McCord. Thank you, Mayor. Request second reading on 35 and 36 so as to move these road funds forward more quickly and on number 56 to go ahead and start the Jesse Clark St. Cole Stormwater Study. Yeah, number 56, 35, 36, and 56. Thank you. Council Member Stennett. Thank you, Mayor. Number 44, I want to add that to release the easement so that development can continue. And number 67, that was just read, so we can get the rates approved. Council Member Blues. Thank you, Mayor. Number 42, so as to meet time requirements necessary to retire the 2009 short-term note. Thank you. Council Member Hinson, I think. Council Member Hinson. Thank you, Mayor. I'd like to add item 50 and 51. Both of these have application deadlines to meet. Council Member Lane. Thank you, Mayor. I'd like to spend the rules on number 35 and 36. These are road funds for a city and county. Council Member McCord picked those up a few moments ago. Any others? Council Member Martin. I'd like to spend the rules for number 65. This volunteer organization wants to get started with the activities and the work plan for the Wolf Run Creek watershed-based plan. Council Member Loews. I'd like to suspend the rules for number 46, the NDF funds. I think several of the neighborhoods have projects they're getting ready to launch into. And also, number 61, and I believe that's all. Thank you. Council Member Gordon. Number 41, please. Any others? All right. I have a motion, then, to suspend the rules, to give second reading to the following resolutions. 36, 41, 42, 44, 45, 46, 50, 51, 56, 61, 65, and 67. Did I miss any? All right. Those in favor of suspending the rules to give second reading to those resolutions, please indicate by saying aye. Aye. Opposed, no. Motion carries. Madam Clerk. Resolution number 35, a resolution accepting, for second reading, a resolution accepting the bid of LM Asphalt Partners doing business as ATS Construction in the amount of $395,000 for County Road Resurfacing for the Division of Streets, Roads, and Forestry. Number 36, a resolution accepting the bid of LM Asphalt Partners doing business as ATS Construction in the amount of $1,700,000 for City Street Resurfacing for the Division of Streets, Roads, and Forestry. Number 41, a resolution ratifying the Probationary Civil Service Appointments of Thomas Paul Brannon, Engineering Technician, Sr., Grade 113E, 1,596.88, biweekly, in the Division of Water Quality, effective June 14, 2010. James Cowan, Equipment Operator, Sr., Grade 109N, 14.836, hourly, in the Division of Waste Management, effective June 21, 2010. Kenneth Goble, Equipment Operator, Sr., Grade 109N, 16.033, hourly, in the Division of Waste Management, effective June 21, 2010. Vincent Isaacs, Electrician, Grade 114N, 21.356, hourly, in the Division of Water Quality, effective June 28, 2010. Ratifying the Permanent Civil Service Appointment of Tonya Walters, Staff Assistant, Sr., Grade 108N, in the Division of Building Inspection, effective June 7, 2010. Approving the Unclassified Civil Service Appointments of Daniel E. Hogan, Staff Assistant, Sr., Grade 108N, $12.00, hourly, in the Division of Water Quality, effective June 7, 2010. Jennifer K. Benningfield, Aid to Council, Grade 000E, 2019-23, biweekly, in the Council Office, effective June 14, 2010. 42. A resolution of the Lexington-Fayette-Urban County Government authorizing the advertisement for bids and the distribution of a preliminary official statement for the purchase of the principal amount of its $65 million General Obligation Bond Anticipation Note, Series 2010E, Eastern State Hospital Project, which amount may be increased or decreased by an amount of up to 10 percent. 44. A resolution authorizing the Mayor, on behalf of the Urban County Government, to execute five releases of streetlight easements, releasing streetlight easements in Tuscany Subdivision on properties located at 2317, 2321, 2337, 2341, 2361, 2365, 2352, 2348, 2328, and 2324 at 1760, 1756, 1748, 1744, 1745, 1749, 1769, and 1773 Battery Street, at 1764, 1756, 1748, 1744, 1732, 1728, 1717, and 1721 Sandhurst Cove, at 1701, 1705, 1717, and 1721 Sandhurst Cove, and at 1704 Sandhurst Cove. 45. A resolution authorizing the Council's Special Investigative Committee to retain outside counsel at the cost of which is to be paid from the Department of Law's Professional Services Account. 46. A resolution authorizing the Mayor, on behalf of the Urban County Government, to execute agreements with Urban League, $925, Georgetown Neighborhood Association, Inc., $1,425, Friends of the Arboretum, $1,200, Lakeland Farm Village Homeowners Association, Inc., $1,000, Psi Tau Chapter of the Omega Psi Phi Fraternity, $625, Lansdowne Neighborhood Association, Inc., $1,525, Hill and Dale Neighborhood Association, Inc., $1,000, Bluegrass Blue Bombers Sports, Inc., $500, Vineyard Neighborhood Association, Inc., $1,900, Art and Motion, Inc., $1,000, Kennedy Landing Homeowners Association, Inc., $700, Girl Scouts of Kentucky's Wilderness Road Council, Inc., $500, the Friends of the Parks and Fayette County, Inc., $2,375, Seven Parks Neighborhood Association, Inc., $400, North Elizabeth Street Neighborhood Association, Inc., $2,000, WGPL Neighborhood Association, Inc., $1,000, Mintel Neighborhood Association, Inc., $1,000, Aylesford Place Association, $1,200, for the Office of the Urban County Council at a cost not to exceed the sums stated. Number 50, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute and submit a grant application to the U.S. Department of Justice and to provide any additional information requested in connection with this grant application. Which grant funds are in the amount of $7,900,000 federal funds under the Community Oriented Policing Services Hiring Program and are for hiring 50 police officers for a three-year period. Number 51, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute and submit a grant application to the U.S. Department of Justice and to provide any additional information requested in connection with this grant application. Which grant funds are in the amount of $90,054 federal funds and are for the Project Safe Neighborhoods Program for the U.S. Attorney's Office for the Eastern District of Kentucky. Number 56, a resolution authorizing the Mayor on behalf of the Urban County Government to execute an Engineering Services Agreement with Stantec Consulting Services for Jesse Clarkson Cold Storm Water Study for the Division of Water Quality at a cost not to exceed $22,600. Number 61, a resolution authorizing the Mayor on behalf of the Urban County Government to execute an Engineering Services Agreement with BTM Engineering Incorporated for Tate's Creek Road Sidewalk Improvements Project at a cost not to exceed $118,478. Number 65, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an agreement with Friends of Wolf Run for implementation of activities under the Wolf Run Creek Watershed Based Plan at a cost not to exceed $18,500 in grant funds. Number 67, a resolution accepting the bid of CNEG establishing a price contract in an amount equal to the natural gas price at the time of requested delivery based on rates established by the New York Mercantile Exchange plus $0.522 per decathron for transportation of the natural gas and authorizing and directing the Mayor on behalf of the Urban County Government to execute an agreement with CNEG for all for the direct purchase and transportation of natural gas for use by the Division of Community Corrections at 600 Old Frankfort Circle. Thank you. Is there a motion to approve those resolutions? So moved. Second. I have a motion from Council Member Gorton and a second from Council Member Myers to approve those resolutions just receiving their second reading. Any discussion? All in favor, then, please indicate by voting aye electronically. Those opposed, vote nay electronically. Madam Clerk, please call the roll. Mr. Beard? Aye. Mr. Blues? Yes. Ms. Crosby? Yes. Mr. Ellinger? Yes. Ms. Feigl? Yes. Yes on all except 67. I will denote your vote in the record. Ms. Gorton? 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. Sinnott? Yes. Thank you. Thank you. Those resolutions are approved. That takes us down to item number seven, communications, all of which are for information purposes only. Are there announcements this evening? While Chief Jackson is coming to the podium to address a couple of disciplinary matters, I'm pleased to tell you that tomorrow afternoon at approximately 3 o'clock, South Limestone Street will be reopened. The striping should be completed tomorrow. So that is materially ahead of schedule and we're very pleased. Chief Jackson. Mr. Mayor and Council, we have two letters of conformity on officers' work for the Division of Police. The first one is involving Detective Kerry Anderson, employee number 35303, has committed offense of unsatisfactory performance, violation of KRS 95.450 and general order 73-2 slash H Operation Ruse, section 1.11. States that on the eighth day of April, 2010, on the call for the Bureau of Investigation special victim section from 04, 08, 10, 1600 hours, which is 4 o'clock, to 49, 10, 8 o'clock, on April 8th at approximately 2315 hours, which is 1115 p.m., Detective Kerry was on call for the Bureau of Investigation, Anderson was contacted to respond to report for sexual assault but failed to respond in a timely manner. As a result, Detective Anderson did not notify her supervisor about her inability to respond. As a result, she's in violation of that particular Operation Ruse of unsatisfactory performance and she met with the chief and she agreed to a written reprimand as punishment for the offense. Thank you, General. I have a motion by Council Member Gordon, seconded by Council Member Crosby to approve the discipline. Any discussion? All in favor, please indicate by saying aye. Opposed, no. Motion carries. Chief. Thank you. Second one, agreement of conformity involving a Sergeant Daniel L. Fleischer, employee number of 31223, has committed offense of violating any rules of the division, part of general order 73-2 slash H, Operation Ruse. On multiple days in September of 2009, he allegedly documented work time of his regular duty assignment and his off-duty employment with Lex Tran, which overlapped and conflicted with each other for multiple days in September of 2009. Sergeant Fleischer did not notify the division of E911 that he was working his off-duty assignment on 9-10 of 09 from 0-600 to 0-900 hours and on 9-25 of 09 from 0-600 hours to 10-00 hours. As a result, he met with the chief and he agreed to 40-hour suspension without pay. I have a motion by Council Member Ellinger to approve the recommended discipline. Council Member Crosby has seconded that. Any discussion? All in favor, please say aye. All opposed, no. Motion carries. Thank you, Chief. I believe that takes us down now to public comments, and I have several individuals who've indicated a desire to speak this evening. The first is Mr. McCarthy. If you'll step to the podium, you'll have three minutes, and then the next person is Greg Kujawski. You would come over and stand by, please. Mr. McCarthy. Good morning, members of the Council. I believe that when money is tight, like right now, that lengthening streets, widening streets, and repair and preventative maintenance of those same streets should all have higher priority on this government's budget than the escaping of streets, such as what is going on outside at the moment. What you guys call a streetscape essentially wastes a lot of money redecorating the streets, and I do consider it pretty much a waste, because it adds nothing to the capacity. The only thing gained would be if some repairs are slipped into the project in the process. And as far as repair, or what I would call preventative maintenance, if you guys would oil and chip cracked areas of pavement while they're just cracked, like right now, you would save a heck of a lot of potholes from forming and needing to be patched next winter. And I believe that would be cheaper over the long run. Thank you. Mr. Kujawski, if you'll step forward, and Michael Moore is our next speaker, if you'd come around. Vice Mayor Council, my name is Greg Kujawski. I'm an attorney here in Lexington, and I'm also one of the co-owners of Mr. Taxi. I'm speaking tonight in response to, if you remember, I know you guys handle a lot of different issues, but Steve Radar spoke about two weeks ago, and he wanted an exemption to operate a cab company here without following the city ordinances. And I'm here to, I don't know if you remember that, he runs it as a, what he calls a non-profit, but it really is a vehicle for hire. What I wanted to tell you under Section 18A of the city ordinances, we jump through a lot of hoops to operate a cab here legally. The company has to, each year, have all our vehicles ASC certified by a mechanic. They look them over. We have to pay $120 per vehicle for the permits for the vehicle. We have to have proper taxi insurance on the vehicles. We have to have meters, rate cards. And we have to reapply each year, too, where we have, we submit our color scheme, our insignia. And the drivers go through a lot of loopholes, too, of renewing their permits each year. They have to have a new criminal background check. They have to have a new updated, their driving records reviewed, a five-year driving record. They also have to have a physical, each year a physician has to state that they don't have any physical impairments that make them a danger to drive. Anyways, obviously these city ordinances are designed to protect citizens that ride in our cabs and any out-of-town visitors that we may have. And I don't know if the City Council is aware, but we have had, and I've been involved in this business a long time, and I've never seen so many gypsy cabs, that's what we refer to in the industry as gypsy cabs, ones that aren't licensed to the city. And we have never had so many gypsy cabs operating. You can go downtown on a busy Friday and Saturday night, and when I refer to gypsy cabs, I'm referring to out-of-town cabs that aren't licensed here, I'm referring to people like Steve Rader that's operating three 15-passenger vans, I'm referring to restaurants and hotels that aren't operating as a shuttle like they're supposed to. They're operating for money, taking from one location downtown to home or to another bar, and they're violating the ordinance of how those shuttles are supposed to operate. The main reason I'm speaking is I'd really like the city to do something with the gypsy cabs that are downtown. I'd like you all to deny Steve Rader from having this exception to operate here. And I really think that in regards to this, it's important that this gets under wraps before the games get here, too. Like I said, this is all about the safety of the public. Most of the drivers that operate these gypsy cabs, they cannot work for a legitimate company because they have something in their criminal history. They have something in their, they have too many accidents, too many tickets. And anyways, I see my time's running out here, but I would ask that, and if I could, I know I'm a little bit over my time, but if there's any way that, when I talk to Detective Russell and Detective Beaver, who are kind of in control of enforcing some of these vehicle-for-hire ordinances, if there's any way that, at least that they're not budgeted for it, they don't have the manpower for it, if there's any way, I don't know what the process is for budgeting or allocating money for that to be done. And I've spoken to a council member, Doug Martin, on this issue briefly just today, and so I guess in the future I can, I know my time's up. Yes. Okay. Thank you. Mr. Moore, if you would step forward, you'll have three minutes, and then Ms. Stoneking, you can come around. Mr. Moore. I've been driving a cab now in town for like two years. It costs me $12,000 a year to operate and do it legally. Steve Wright, I had to go through inspections, airport and stickers, all that. Steve Radar goes out to the airport and picks up. He's a designated driver. He's supposed to be out on drunk people. How is that, you know? I spent $6,000 just for insurance to haul legally. Some loans van picked up over a dozen times downtown. Memorial Day weekend alone. And I wish y'all would do something about it because we're all going broke because we can't do it legally. I made $50 Friday night, Memorial Day weekend all night. My lease is $38 a day. That's my fuel. We just want everything to be equal and people to be licensed like they should be. And when bars downtown put people in illegal cabs, they get used to it. It's a cheaper ride home. That's how girls go out and get raped because they don't know who they're getting there with. They don't have no background check like we all do. They don't have nobody to answer to. So I wish y'all would just do something about it. Thank you, Mr. Moore. Ms. Stoneking, you can step forward. You'll have three minutes. Next is Mr. Glover. Come around. Hi. My name is Rebecca Stoneking. I drive for United Transportation, also known as Yellow and Wildcat Taxi. I go out and get my criminal background DMV, DOT physical, pay my $100 pre-tax to the city, buy my permit, pay for my city sticker on my van, and have to get approved through the police department in order for me to pick up people in a cab. I have to pay $13,260 a year to the cab company and $4,015 a year for insurance. Non-owners have to pay $22,100 to the cab company. We have a company backing us in order for us to drive. Gypsy cab driver does not have to do this. Police department knows who's in the cabs. They don't know who's the random gypsy drivers who are picking people up. If all we have to do is buy stickers to say designate a driver and stick them on my van to be considered legal, it would sure save me a lot of money. However, money isn't the only issue on this. How do we know that these random drivers aren't criminals? We pick up people in very vulnerable situations and get them home. Why are these gypsy drivers hiding in the shadows? The cab company has the city to oversee the companies and ensure they follow regulations set by the city. Cab drivers are overseen by the company to ensure that we do our job right. Who oversees these gypsy cab drivers? I'm a mother of three children and when they are old enough, I want them to be responsible and take a cab home safely. I do not want other options out there to get them home and something happen to them. I hope that you will help to enforce to get the gypsy cab drivers off the road and I hope that you don't wait for a tragedy to happen first before something is done. These gypsy drivers not only steal money from the cab drivers who go through the process and do it right, they are also stealing money from the city, state and federal government because no one knows they are out there picking people up for money. What if these people get into an accident with passengers and no insurance? What if one of these people get robbed or were scraped and it's a person? I do not want, I do want to make a statement about radar. I would like to know who is the one that oversees him? Who is the one that sets his rates? Who monitors him when he is out here picking these people up, these college students? I have seen these gypsy drivers pick up and drop off people right in front of the police. And these drivers have been turned in to the police department and yet they are still on the road. If we enforce these laws that are already on the record, we can deter these illegal drivers. Thank you. Thank you. Mr. Glover, if you would step forward, you will have three minutes. And then Mr. Gutierrez, if you would come around. Mr. Glover. Thank you, Mr. Mayor, Mr. Vice Mayor, council members. My name is Randy Glover. I'm a cab driver here in town. This is a taxi permit issued by the chief of police through the public safety office. In order to get this, I have to provide a background check. I have to, in order to be a cab driver, I have to go through a DOT physical. My vehicle goes through an inspection. I have to buy a business license through the city. I have to pay taxes to the city. My taxes pay for all this. And you guys seem to be writing pretty good ordinances. I have no complaints on you guys so far. I'm in Mr. McCord's district. And everything seems to be going great. My problem why I'm here today is certain city ordinances are not being enforced. People are trying to circumvent these city ordinances by finding loopholes, going around things, stuff like that. If I have to jump through the hoops and get my permit and my license and go through my background check and everything else to protect the most valuable commodity or whatever you want to call it that we are our customers, you know, that's the most valuable thing. If your daughter was that lady, that doctor that got raped because she got into a gypsy cab, how would you feel? I'm going to just be silent for about 10 seconds and let you guys think about that. Well, maybe not 10 seconds. Anyways, what I'm getting at is these guys do not have a license to be cab drivers. They do not have a license to pick people up in a community and deliver them wherever they're at. These guys are people that drive the 15-passenger vans. They don't have a permit. They don't go through what we go through. They say they collect donations, yet people that get in our vehicle, they charge them money. It's not a donation, okay? The vans from the restaurants and stuff like that that are out, after the restaurants are closed, these vans, they're essentially stealing money from my pocket, these gentlemen's pockets who drive taxis and everyone else, you know? And I thought about coming in front of you wearing a suit and tie. I'm sorry I didn't, but you know what? I'm a cab driver. I don't wear a suit and tie. I'm not a lawyer. I'm not a council member. I'm not someone like that. I'm just a regular Joe. I drive a cab. When people see my vehicle, they look at it and they say, hey, that's a taxi. I'm safe in that vehicle. Okay? They know to get in that vehicle. When they're drunk on a Friday or Saturday night, they're getting in whatever vehicle they can get in because they don't know the difference. And what I'm asking is for city ordinance to be followed and for the officers to enforce it and for the council members to ask people to enforce the ordinance. Thank you. Thank you very much. Mr. Gutierrez and then Mr. Dean, you come around. You'll have three minutes, Mr. Gutierrez. Ladies and gentlemen of the council, when I came five years ago to live in Lexington, I was on my way to Cincinnati where I went to college 20 years ago. And it was the first time that I visited Lexington I just got enchanted or delighted with the beauty of the city. After having many different jobs as a paralegal or restaurant manager, I start to find happiness by driving a cab. I think most of us provide good service by driving people that need a ride safe home with proper insurance. Gypsy cabs are not only degrading our profession, but are also attempting with the health and safety of the other passengers. The only suggestion that I may have on behalf of the physical test that we cab drivers are required to pass is I may suggest that they also include a drug screen test that will improve a lot the quality of the transportation service that we provide. Thank you. Thank you very much. Mr. Dean, if you'll step forward. Does anyone else wish to address the council? Okay. If you'd come around and be ready. Mr. Dean. Mr. Mayor, council members, my name is Brad Dean. I've been driving a taxi for about 21 years, 20 years with Yellow Cab and another year with Mr. Taxi. I agree with everything that the other drivers have said. In addition to that, there are some safety concerns regarding Steve Rader also. He drives a very large van, holds 15 passengers. When he pulls up into a parking lot like the Tin Roof or Two Keys where parking is already very tight, he'll pull up in between there. He'll put the car in park. He'll put his van in park. He'll come around. He'll open the door for all the people. Fifteen or 16 people will pile out, sometimes more. He'll give hugs to all the girls. You know, he'll take money from some of the other people. And he virtually shuts everything down in that area for at least two or three minutes. Nobody can move. Nobody can get around him. And, of course, this goes on all day and all night. Or not all night, all day, but all night, Thursday, Friday, and Saturday night, you know, from midnight until 3 in the morning. There are probably other things I could go into that I can't really verify, but I've had, you know, many students, upperclassmen for the most part, that have said they won't take him anymore, He's supposed to be a charitable business, but, you know, he collects money from everybody. And that's pretty much all I have to say. Thank you. Thank you, Mr. Dean. If you would step forward and give us your name and address, you'll have three minutes. Don Daugherty, General Manager of Yellow Cab. Yellow Cab is located at 799 Enterprise Drive. I live at 2664 Braden Way. I just want to reiterate what everyone else has said and let you guys know that we're not here to pick on any businessman or driver that's driving in the city of Lexington. We just want to assure that we're all playing on the same level field and that when we submit our application each December, it includes our insurance, our vehicle inspections, and our taxes, and our fees for operating in Lexington, and that we just want to be assured that the other companies that operate in Lexington are paying the same taxes and fees and are providing you guys with the same levels of insurance and protection that we do. Thank you. Does anyone else wish to address the council? If you could give us your name and address, you'll have three minutes. My name is Naeem Sheik, and I live on 3602 Remora Drive, Lexington KY 40517. I'm a cab driver for the last three years, and I've been driving with Yellow, and now I'm driving with Mr. Cab. And I have a problem with the airport officials over there that nobody can go in to urinate or anything to use the public bathroom. And I have a total hip replacement, and I cannot walk that much. And there are other people also who have type 2 diabetes and other stuff, and they have to go there. And recently they started pulling up the stickers from us, and I have that concern. Thank you. Thank you very much. Does anyone else wish to address the council? Well, let me compliment you all on the way you presented your concerns, and Commissioner Bennett, if you would forward those to the police, I would appreciate it. If there's nothing further, a motion to adjourn would be in order. Mayor? Council Member Martin. Is it appropriate for Commissioner Bennett or someone from his department to come and update us about this issue and what the city is going to be doing? I think we're on well notice that this is a public safety issue that I think we'd all like to, at least I would like to hear some follow-up on how we're going to address it. Maybe a work session or something. Do you have something you'd like to add now, Commissioner Bennett? I didn't recognize anybody. Commissioner Bennett? The common theme here seems to be a concern with Mr. Rader and his organization. The authority that he's been operating under has been granted to him by the state, by the State Transportation Cabinet, not by the urban county government or any of our divisions. That being said, we have no authority to enforce the state's guidelines, revoke or suspend his permit. So that's been the handicap that we've been operating under. As I understand it, the state is reviewing his status currently. He was here last council meeting and spoke to you. I wouldn't be surprised if he came back and spoke to you again and again, ask you for a letter of support for his operation. So basically, it's a judgment on your part. State statute requires him to have a letter of support from any jurisdiction in which he operates. So I think that's the reason he came to you last time. Thank you. Council Member Wallace? So how did he get, why do these other cab companies have to have city cab permits, taxi permits, and he doesn't? What's the distinction? I don't know, frankly. I'm not that familiar with the state standards. He's been operating under something called, and this may not be exactly the terminology, but a non-profit bus certificate that's granted by the State Department of Transportation. These folks either don't qualify for that or haven't applied for that. The question I think currently is, does Mr. Rader qualify for that? And that seems to be what the state's reviewing. Council Member Myers? Thank you, Mayor. Commissioner, Mr. Rader is one complaint that I've heard and one name I've heard tonight, but I've also heard you've got restaurants that have vans that are taking people after they close. You've got a lot of other, as they term it, gypsy cab drivers out there. So that's one issue. But what about the rest of them? Why are we not enforcing the rest of these? I wouldn't say we're not enforcing them. We may not be getting to all of them. With respect to the restaurants and the bars, we have been attempting to enforce those. Some of those provide rides free to their patrons, and they're not prohibited from doing that. They're not required to get a tax cab permit if they provide the rides for free. They can't take tips. They can't charge fares. But if they want to provide rides free, they have the ability to do that. Police are attempting to enforce, and to the extent they have information that we're not aware of, I'd welcome them to pass that along to us, because we'd like to have it. I'd move to put this issue, because I see a lot of head shaking, into Services Committee. Second. I have a motion by Council Member Myers and a second by Council Member Gordon to refer this matter to the Services Committee. Any discussion on that motion? All in favor say aye. Aye. Opposed, no. Motion carries. Council Member Martin. Thank you, Mayor. I'll just make a brief statement since we're going to look at it in Services, on which I serve. Commissioner, what I'm hearing from you, I don't hear any sort of recognition that a problem exists, nor do I hear from you any sort of statement that there's going to be a desire to resolve the problem. So, I mean, as we get into services, I mean, I'm Then we need to have that conversation, Mr. Martin, because you misunderstand my position. Okay. If there's, and let me also say that we deal with the taxi companies routinely. This is the first time they've ever brought this gypsy cab concern to me. So. Thank you, Mayor. If there's nothing further now, a motion to adjourn would be in order. Second. I have a motion by Council Member Crosby and a second by Council Member Gorton to adjourn. All in favor, please say aye. Aye. Opposed, no. Motion carries.