# Urban County Council Meeting - December 2, 2010 > Auto-transcribed civic record · December 2, 2010 - **Permalink**: https://meetings.lexingtonky.news/meeting/1772 - **Source video**: https://lfucg.granicus.com/player/clip/1772?view_id=14&redirect=true - **Date**: 2010-12-02 - **Last revised**: July 17, 2026 - **Length**: 8,244 words > ⚠️ **Auto-generated content.** Audio from the official Granicus video was auto-transcribed with OpenAI's open-source Whisper large-v3-turbo model, run locally by The Lexington Times. Structured facts were extracted with GPT-4o; the narrative summary was written by Anthropic Claude. Verbatim wording may contain errors. See [methodology](https://meetings.lexingtonky.news/about/methodology) or [report a correction](mailto:editor@lexingtonky.news). --- ## Meeting Overview The Lexington-Fayette Urban County Government Council met on December 2, 2010, at 7:00 p.m. in Lexington, Kentucky, with Mayor Newberry presiding. The Council addressed 51 agenda items during the meeting, taking 30 motions and votes while hearing 2 public comments. The session included a mix of ordinances and resolutions covering zoning changes, budget amendments, grant acceptances, personnel appointments, facility agreements, and infrastructure projects. Notable actions included approving a zoning change for property on Harrodsburg Road, accepting federal and state grants totaling over $1.4 million for residential property demolition, ratifying civil service appointments, and authorizing various contracts for services ranging from software implementation to construction projects. The Council also postponed consideration of an ordinance to expand the Internal Audit Board and advanced multiple items to first reading, including budget amendments, urban services district expansions, and infrastructure improvement contracts. ## Attendance **Present:** Beard, Blues, Crosbie, Ellinger, Gorton, Gray, Henson, James, Lane, Lawless, Martin, McChord, Myers, and Stinnett (14 members) **Absent:** Feigel **Late:** None ## Votes and Decisions The Council held 30 roll call votes, with all measures passing unanimously 14-0. **Ordinances** Ordinance 0001-2010 approved rezoning property at 1610-1612 Harrodsburg Rd. from Single Family Residential (R-1C) to Professional Office (P-1), motioned by Myers and seconded by Gorton [timestamp: 00:15:36]. Ordinance 0002-2010 amended budgets to reflect current municipal expenditures and re-appropriation of funds, Schedule No. 70, motioned by Myers and seconded by Gorton [timestamp: 00:15:36]. Ordinance 0003-2010 amended budgets to allocate $1,275 from Council Neighborhood Development Funds for relocation of a WWII Plaque to Veteran's Park, motioned by Myers and seconded by Gorton [timestamp: 00:15:36]. Ordinance 0008-2010 referred an ordinance amending Internal Audit Board structure to the General Government Committee due to dissolution of the Intergovernmental Committee, motioned by Beard and seconded by Crosbie [timestamp: 00:19:12]. This measure was postponed rather than passed. Ordinance 0013-2010 amended budgets to allocate $3,000 from Neighborhood Development Funds for Fire Training Academy equipment, motioned by Gorton and seconded by Blues [timestamp: 00:27:09]. Ordinance 0015-2010 adopted the Council's meeting schedule for calendar year 2011, motioned by Myers and seconded by Gorton [timestamp: 00:26:02]. Ordinance 0016-2010 amended budgets to allocate $3,525 from Neighborhood Development Funds for a flashing light at Upper and Pine Streets, motioned by Wallace and seconded by Crosbie [timestamp: 00:23:16]. Ordinance 0017-2010 amended budgets to allocate $1,500 from Neighborhood Development Funds for an EMS bicycle for Fire and Emergency Services, motioned by Myers and seconded by Gorton [timestamp: 01:01:26]. Ordinance 0019-2010 extended the Council Administrator's term for an additional two years, motioned by Gorton and seconded by Ellinger [timestamp: 01:09:55]. **Resolutions** Resolutions 0001-2010 through 0012-2010 passed unanimously, covering approval of a DataWorks Plus digital application server bid for the Division of Police; ratification of civil service appointments; authorization of amended and 2011 General Term Orders for county officials; easement releases; IRS E-File Program participation; facility usage agreements; and purchase of service agreements [timestamp: 00:36:45]. Resolutions 0029-2010, 0042-2010, and 0043-2010 authorized conveyance of right-of-way deed to the Commonwealth of Kentucky, a change order decreasing a Woolpert, Inc. contract, and an amendment increasing a U.S. Geological Survey water quality monitoring agreement by $19,000, motioned by Lawless and seconded by McChord [timestamp: 00:59:30]. Resolution 0035-2010 authorized agreements with multiple organizations for the Office of the Urban County Council, motioned by McCord [timestamp: 00:59:30]. Resolution 0049-2010 amended Resolution 547-2010 to create an Economic Development and Community Development Standing Committee, motioned by Myers and seconded by Gorton [timestamp: 00:57:18]. Resolutions 0045-2010 through 0048-2010 accepted bids for equipment and services including a front-end loader, tractor parts, diesel particulate filters, and pump station replacement, motioned by Ellinger and seconded by Beard [timestamp: 01:00:00]. All voting members present were: Beard, Blues, Crosbie, Ellinger, Gorton, Gray, Henson, James, Lane, Lawless, Martin, McChord, Myers, and Stinnett. ## Budget and Financial Actions The meeting on December 2, 2010 included approval of numerous financial actions totaling millions of dollars across purchases, appropriations, contracts, grants, and business incentives. **Purchases and Equipment** The Division of Police received a digital application server from DataWorks Plus for $57,010 (Resolution 0001-2010). The city approved a front-end loader for refuse collection from Worldwide Equipment for $124,703 (Resolution 0045-2010). Diesel particulate filters and a cleaning system were purchased from Wayne Supply Company for $202,640 (Resolution 0047-2010). Price contracts for supplemental tractor parts and accessories were approved with Giles Farm Equipment and Montgomery Tractor Sales (Resolution 0046-2010). **Appropriations** Several departmental appropriations were approved: $1,275 for relocation of a WWII Plaque to Veteran's Park by the Division of Parks and Recreation (Ordinance 0003-2010); $3,525 for installation and construction of a flashing light at Upper and Pine Streets by the Division of Traffic Engineering (Ordinance 0016-2010); $3,000 for training equipment for the Fire Training Academy (Ordinance 0013-2010); and $1,500 for an EMS bicycle for the Division of Fire and Emergency Services (Ordinance 0017-2010). **Major Contracts** Significant contract actions included a $2,633,902.02 Change Order No. 1 with Woolpert, Inc. for Sanitary Sewer Assessments (Resolution 0042-2010) and a $236,777 service agreement with Lyric Theatre and Cultural Arts Center, Inc. (Resolution 0012-2010). Additional change orders were approved for projects including Lexington Streetscape Phase One Improvements ($42,913.07 with Woodall Construction), Leesway Drive Sanitary Sewer Improvements ($11,454.77 with Claunch Construction, LLC), and conduit installation on Sir Barton Way ($7,060 with Arrow Electric Co.). Engineering services and other contracts totaled additional funds. **Grants and Incentives** Class B Incentive Grants were distributed to multiple recipients including the University of Kentucky Research Foundation ($113,375), Klausing Group, Inc. ($321,576.48), Coca-Cola Refreshments USA, Inc. ($189,090), and Ronald McDonald House Charities of the Bluegrass, Inc. ($201,285), among others. A $1,000,000 grant application to the EPA for the National Clean Diesel Funding Assistance Program was approved (Resolution 0023-2010). Business incentives under the Kentucky Business Investment Act were granted to nGimat, LLC; Illinois Tool Works, Inc.; Escent Technologies, LLC; NTSG, Inc.; and Galmont Consulting, LLC, each forgoing 1% occupational license fees. ## Public Comment Two members of the public addressed the meeting on December 2, 2010. **Mr. McCarthy** spoke at [timestamp: 01:03:03] regarding the state bullying law. He advocated for equal protection under the law, arguing that bullying laws should protect all individuals regardless of identity, rather than limiting protections to specific protected classes. **Ms. Jamie Cooper** spoke at [timestamp: 01:05:12] about the proposed abolition of civil service positions. She suggested that the city should review vacant positions before eliminating other roles, and questioned why unfilled positions remain open for extended periods. ## Appointments The following personnel action was reported during the meeting: * **William Martin**, Human Resources Manager, resigned. ## Contested Items **Referral of Internal Audit Board Ordinance** A procedural dispute arose regarding the proper committee referral for an Internal Audit Board ordinance. Councilmember Stinnett raised a concern that the Intergovernmental Committee, to which the ordinance had apparently been directed, no longer exists as a functioning body. In response to this issue, a motion was made to refer the ordinance to the General Government Committee instead, redirecting it to an active committee that could properly review and process the measure. ## An Ordinance changing the zone from a Single Family Residential (R-1C) zone to a Professional Office (P-1) zone for 0.298 net (0.373 gross) acre, for property located at 1610-1612 Harrodsburg Rd. (Lare Properties, LLC) [timestamp: 00:15:36] The council considered a rezoning request for property located at 1610-1612 Harrodsburg Rd. The proposal sought to change the zoning classification from Single Family Residential (R-1C) to Professional Office (P-1) for approximately 0.298 net acres (0.373 gross acres). The rezoning would permit commercial development and professional office use at this location. The ordinance was approved by the council. ## An Ordinance amending certain of the Budgets of the Lexington-Fayette Urban County Government The council considered an ordinance to amend the budgets of the Lexington-Fayette Urban County Government to reflect current requirements for municipal expenditures and to appropriately re-appropriate funds as needed. This measure was identified as Schedule No. 70. The ordinance was presented to address current municipal spending needs through budget adjustments and fund re-appropriations. The council reviewed the proposed amendments and determined they were necessary to align the budget with existing operational requirements. Following discussion, the council voted to approve the ordinance. The measure passed without noted objections. ## An Ordinance amending certain of the Budgets of the Lexington-Fayette Urban County Government [timestamp: 00:15:36] The council considered an ordinance to amend the budgets of the Lexington-Fayette Urban County Government to allocate $1,275 from Council Neighborhood Development Funds in the Division of Parks and Recreation. The funds were designated for the relocation of a World War II plaque to Veteran's Park. The ordinance, identified as Schedule No. 71, sought to appropriate and re-appropriate funds to reflect current requirements for this specific project. The council approved the ordinance. ## An Ordinance amending Sections 2-442, 2-443, 2-444, and 2-447 of the Code of Ord [timestamp: 00:19:12] This ordinance proposes significant changes to the structure and governance of the Internal Audit Board. The proposed amendments would: - Increase the board's membership from five to seven members - Require the two additional members be appointed from the community at large - Mandate that two members be appointed based on recommendations from the Urban County Council - Establish that members may only be removed for cause after a hearing - Limit members to a maximum of three consecutive full terms - Require that the chairman and vice-chairman be elected from members appointed from the community at large - Require the board to adopt bylaws **Discussion and Referral** Key speakers Beard and Stinnett participated in the discussion of this agenda item. The council referred the ordinance to the General Government Committee. This referral was necessitated by the dissolution of the Intergovernmental Committee, which had previously handled such matters. **Outcome** The ordinance was postponed, indicating the council did not take final action at this meeting and deferred consideration to a future date. ## An Ordinance authorizing and directing the Mayor, on behalf of the Urban County **Overview** The council considered an ordinance to accept a grant from the Kentucky Department of Military Affairs and Kentucky Emergency Management Agency for the purchase and demolition of nine residential properties located on Lone Oak Drive, Southbend Drive, and Lafayette Parkway. **Grant Details** The grant provides: - $1,274,959 in Federal funds - $203,993 in Commonwealth of Kentucky funds The Urban County Government would be obligated to provide a local match of $220,993 to accept these funds. The ordinance also authorized the Mayor to transfer unencumbered funds within the grant budget and appropriated funds pursuant to Schedule No. 72. **Outcome** The ordinance passed on first reading [timestamp: 00:16:58]. ## An Ordinance amending Section 21-5(2) of the Code of Ordinances creating one (1) This ordinance restructured staffing positions across two city divisions through a series of personnel changes. **Positions Created** The ordinance created the following new positions: - One (1) Deputy Director of Administrative Services – Water Quality, Grade 120E - Two (2) Environmental Inspector positions, Grade 113N, in the Division of Water Quality **Positions Abolished** The ordinance abolished the following existing positions: - One (1) Engineering Technician Principal, Grade 115E, in the Division of Water Quality - One (1) Engineering Technician, Grade 111N, in the Division of Water Quality - Two (2) Communications Officer – Part-Time positions, Grade 111N, in the Division of Police **Funding** The ordinance appropriated funds pursuant to Schedule No. 73 to support these staffing changes. **Outcome** The council approved the ordinance on first reading [timestamp: 00:17:31]. ## An Ordinance authorizing and directing the Mayor, on behalf of the Urban County Government, to execute a Lease Agreement with Winmar Corp. [timestamp: 00:18:07] The council considered an ordinance authorizing the Mayor to execute a lease agreement with Winmar Corp. for office space located at 125 Hisle Industrial Road. The lease is designated for the Division of Water Quality and would run for a three-year period at a cost not to exceed $233,797.75 per year, subject to sufficient funds being appropriated in future fiscal years. The ordinance also appropriates funds pursuant to Schedule No. 74. The council approved the ordinance on first reading. ## An Ordinance authorizing and directing the Mayor, on behalf of the Urban County Government [timestamp: 00:18:39] The council considered an ordinance authorizing the Mayor to execute and submit a grant application to the Kentucky Board of Emergency Medical Services. The grant, in the amount of $10,000 in Commonwealth of Kentucky funds, is designated for the purchase of EMS equipment. **Key Provisions:** - The Mayor is authorized to submit the grant application and provide any additional information requested by the Kentucky Board of Emergency Medical Services - The Mayor is authorized to accept the grant if the application is approved - The acceptance of grant funds does not obligate the Urban County Government for any expenditure of local funds - Funds are appropriated pursuant to FY12 Schedule No. 1 - The Mayor is authorized to transfer unencumbered funds within the grant budget **Outcome:** The ordinance passed on first reading. ## An Ordinance expanding and extending the Full Urban Services District #1 to prov [timestamp: 00:20:52] The council considered an ordinance to expand Full Urban Services District #1 to provide street lighting, street cleaning, and garbage and refuse collection services to additional residential areas. The expansion would include properties on the following streets: Georgetown St., Goodpaster Way, Lakewood Dr., McConnells Trace, New River Place, Orchard Grass Rd., Patchen Wilkes Dr., Pokeberry Park, Polo Club Blvd., Polo Club Ln., Rain Garden Way, Real Quiet Ln., Sand Lake Dr., Sewanee Ln., Shaker Run Circle, Sorrell Way, Sunningdale Dr., Sweet Clover Ln., Toll Gate Rd., and Atwood Dr. The ordinance received a first reading approval from the council. No specific speakers, debate points, or concerns were documented during the discussion of this agenda item. **Outcome:** First reading ## An Ordinance expanding and extending Partial Urban Services District #3 for the Urban County Government [timestamp: 00:21:24] The council considered an ordinance to expand Partial Urban Services District #3 to extend garbage and refuse collection services to additional areas. The expansion would include properties located on the following streets: Bracktown Rd., Bradley Ln., Leestown Rd., Standish Way, and Winston Ave. The ordinance was presented for first reading. The council approved the expansion of the service district to encompass these additional streets for the provision of garbage and refuse collection services under the Urban County Government. **Outcome:** First reading approved. ## An Ordinance expanding and extending Partial Urban Services District #5 for the Urban County Government [timestamp: 00:21:24] The council considered an ordinance to expand Partial Urban Services District #5 to extend garbage and refuse collection and street lighting services to additional residential areas. The expansion would include properties located on the following streets: Athenia Dr., Branchwood Place, Hildeen Dr., John Alden Ln., Monticello Blvd., Plymouth Rock Ct., Rebecca Dr., Wallingford Dr., Aldershot Dr., Blueberry Rd., Dellwood Dr., Potomac Dr., Springhill Dr., Sweetbriar Circle, and Worcester Rd. The ordinance received a first reading approval from the council. This action allows the Urban County Government to provide garbage and refuse collection services and street lighting to the specified properties within the expanded district boundaries. **Outcome:** First reading ## An Ordinance extending the term for one (1) position in the Div. of Parks & Recreation [timestamp: 00:22:00] The council considered an ordinance to extend the term of one position in the Division of Parks & Recreation and two positions in the Division of Human Resources. These positions had been proposed for abolishment as of December 31, 2010, but the ordinance sought to extend their terms to March 31, 2011. The measure also included appropriation of funds pursuant to Schedule No. 81 to support these extended positions. The council approved the ordinance on first reading. ## An Ordinance amending certain of the budgets to reflect current expenditures and **Agenda Item 13** [timestamp: 00:22:43] The council considered an ordinance to amend certain budgets to reflect current expenditures and appropriating and re-appropriating funds under Schedule No. 75. **Key Speakers** The discussion involved Wallace and Lane. **Outcome** The ordinance received a first reading. ## An Ordinance amending certain of the budgets to reflect current requirements for **Ordinance 14: Neighborhood Development Funds for Traffic Safety** The council considered an ordinance to amend budgets and appropriate $3,525 from Neighborhood Development Funds in the Division of Traffic Engineering. The funds were designated for the installation and construction of a flashing light at the corner of Upper and Pine Streets (Schedule No. 79). **Key Speakers** Wallace and Lane participated in the discussion of this agenda item. **Outcome** The ordinance received a first reading approval. [timestamp: 00:22:43] ## An Ordinance pursuant to Section 2-1(a) of the Code of Ordinances of the Lexington-Fayette Urban County Government [timestamp: 00:26:02] The Council considered an ordinance to adopt a schedule of meetings for the Lexington-Fayette Urban County Government Council for the calendar year 2011. This ordinance was presented pursuant to Section 2-1(a) of the Code of Ordinances. Key speakers on this matter included Myers and Gorton. The discussion centered on establishing the formal meeting schedule for the upcoming year. The ordinance was advanced to first reading, establishing the procedural step for the proposed 2011 meeting schedule. ## An Ordinance amending certain of the budgets to reflect current requirements in the Division of Fire Administration **Agenda Item 16** [timestamp: 00:27:09] The council considered an ordinance to amend the budget and allocate $3,000 from Neighborhood Development Funds for training equipment for the Fire Training Academy within the Division of Fire Administration. **Key Speakers** The discussion involved Gorton and Blues. **Summary** The ordinance proposed to appropriate and re-appropriate funds (Schedule No. 82) to support the purchase of training equipment needed by the Fire Training Academy. The $3,000 allocation was to be drawn from existing Neighborhood Development Funds. **Outcome** The council approved the ordinance on first reading. ## An Ordinance amending certain of the budgets to reflect current requirements for funds not more than $1,500 from Neighborhood Development Funds in the Div. of Fire and Emergency Services for an EMS Bicycle [timestamp: 00:27:09] The council considered an ordinance to amend the budget and allocate up to $1,500 from Neighborhood Development Funds in the Division of Fire and Emergency Services for the purchase of an EMS bicycle. This allocation was to be made pursuant to Schedule No. 84. Key speakers on this item included Myers and Gorton. The ordinance proposed using existing Neighborhood Development Funds to support emergency medical services operations by acquiring a bicycle for EMS use. The council approved the ordinance on first reading. No specific concerns or objections were noted in the discussion of this budget amendment. ## A Resolution accepting the bid of DataWorks Plus in the amount of $57,010, for a digital application server, for the Div. of Police [timestamp: 00:36:45] The council considered and approved a resolution to accept the bid of DataWorks Plus in the amount of $57,010 for a digital application server for the Division of Police. **Outcome** The resolution was approved. ## A Resolution ratifying the probationary civil service appointments of: Gregory H [timestamp: 00:36:45] This resolution ratified multiple probationary and permanent civil service appointments across several city departments and divisions. **Probationary Appointments:** The following probationary civil service appointments were ratified: - Gregory Harbut, Public Service Supervisor Sr., Grade 114E, $1,709.52 bi-weekly, in the Division of Waste Management, effective November 22, 2010 - Charles Doerge, Enterprise Systems Developer, Grade 116E, $2,812.37 bi-weekly, in the Division of Enterprise Solutions, effective November 22, 2010 - Ilir Ailu, Equipment Operator Sr., Grade 109N, $12.459 hourly, in the Division of Waste Management, effective December 6, 2010 - Dennis McGovern, Equipment Operator Sr., Grade 109N, $14.836 hourly, in the Division of Waste Management, effective December 6, 2010 - Jobey Harvey, Equipment Operator Sr., Grade 109N, $14.836 hourly, in the Division of Waste Management, effective December 6, 2010 - Donnie Jent, Equipment Operator Sr., Grade 109N, $13.971 hourly, in the Division of Waste Management, effective December 6, 2010 **Permanent Appointments:** The following permanent civil service appointments were also ratified: - Trina Brown, Administrative Specialist Sr., Grade 112N, in the Department of Social Services, effective October 26, 2010 - Robert Meyer, Skilled Trades Worker Sr., Grade 112N, in the Division of Facilities and Fleet Management, effective October 12, 2010 **Outcome:** The resolution was approved. ## A Resolution authorizing the Mayor, on behalf of the Urban County Government, to Execute Amended 2010 General Term Orders [timestamp: 00:36:45] The council considered a resolution authorizing the Mayor to execute amended 2010 General Term Orders for the Fayette County Clerk and the Fayette County Sheriff. **Outcome** The resolution was approved. ## A Resolution authorizing the Mayor, on behalf of the Urban County Government, to Execute the 2011 General Term Orders for the Fayette County Clerk and Sheriff [timestamp: 00:36:45] The council considered a resolution authorizing the Mayor to execute the 2011 General Term Orders for the Fayette County Clerk and the Fayette County Sheriff. The resolution established the number of deputies and assistants allowed to each office and set the compensation levels for each deputy and assistant position. The General Term Orders operated subject to specific limits for each category as outlined in the orders themselves, and compensation was further constrained by the fees collected by the officers in their seventy-five percent (75%) accounts pursuant to KRS 64.350(1). **Outcome** The resolution was approved. ## A Resolution authorizing and directing the Mayor, on behalf of the Urban County Government, to execute a Release of Easements [timestamp: 00:36:45] The council considered a resolution authorizing the Mayor to execute a Release of Easements on two properties in the Urban County. **Properties and Easements** The resolution addressed the release of easements on the following properties: - **1908-1920 General Warfield Way**: Full release of a streetlight easement and a drainage easement - **1869 Goodpaster Way**: Partial release of a portion of a streetlight easement **Outcome** The resolution was approved by the council. ## A Resolution authorizing and directing the Mayor, on behalf of the Urban County Government The council considered a resolution authorizing the Mayor to execute an application for participation in the Internal Revenue Service E-File Program [timestamp: 00:36:45]. The program would support Volunteer Income Tax Assistance Programs at three locations: the Gainesway Empowerment Center, the Central Kentucky Job Center, and the Family Care Center. A key feature of this resolution was that participation in the IRS E-File Program would be provided at no cost to the Urban County Government. The application would enable the three tax assistance centers to electronically file tax returns through the IRS system, improving efficiency and service delivery for residents seeking tax assistance. The council approved the resolution. ## A Resolution authorizing the Mayor, on behalf of the Urban County Government, to Execute a Facility Usage Contract with Fayette County Board of Education [timestamp: 00:36:45] The council considered a resolution authorizing the Mayor to execute a Facility Usage Contract with the Fayette County Board of Education for the rental of Winburn Middle School. The facility was to be used for a Cheerleader Showcase, with costs not to exceed $197.93. The resolution was approved by the council. ## A Resolution authorizing the Mayor, on behalf of the Urban County Government, to Execute a Group Sales Agreement with Hyatt Regency Lexington for 2011 Bluegrass Invitational Wheelchair Tournament [timestamp: 00:36:45] The council considered a resolution authorizing the Mayor to execute a group sales agreement with Hyatt Regency Lexington for the 2011 Bluegrass Invitational Wheelchair Tournament. The agreement was not to exceed $3,000 in cost. The resolution was approved by the council. ## A Resolution authorizing the Mayor, on behalf of the Urban County Government, to Execute a Facility Usage Agreement with Youth Baseball Leagues [timestamp: 00:36:45] The council considered a resolution authorizing the Mayor to execute a Facility Usage Agreement with various youth baseball leagues for fall youth baseball programming. **Outcome** The resolution was approved. ## A Resolution authorizing the Mayor, on behalf of the Urban County Government, to Execute a Rental Agreement with Lexington Center Corp. for Martin Luther King Day Celebration [timestamp: 00:36:45] The council considered a resolution authorizing the Mayor to execute a rental agreement with Lexington Center Corp. for the Martin Luther King Day Celebration. The rental agreement was not to exceed $9,000 in cost. The resolution was approved by the council. ## A Resolution authorizing the Mayor, on behalf of the Urban County Government, to This resolution authorized the Mayor to execute agreements with six organizations on behalf of the Urban County Government for the Office of the Urban County Council. The agreements and their respective amounts were: * Chilesburg Maintenance Association, Inc. ($1,000) * North Pointe Neighborhood Homeowners Association, Inc. ($500) * ACT Ministries, Inc. ($350) * Bluegrass Greenworks, Inc. ($300) * Bluegrass Community Action Partnership, Inc. ($1,000) * ENA, Inc., d/b/a NECCO ($350) The total cost of these agreements did not exceed the sums stated for each organization. [timestamp: 00:36:45] The resolution was approved by the council. ## A Resolution authorizing the Mayor, on behalf of the Urban County Government, to Execute a Purchase of Service Agreement with Lyric Theatre and Cultural Arts Center, Inc. [timestamp: 00:36:45] The council considered a resolution to authorize the Mayor to execute a Purchase of Service Agreement with Lyric Theatre and Cultural Arts Center, Inc. The agreement would provide services to the public at a cost not to exceed $236,777. The resolution was approved by the council. ## A Resolution authorizing the Mayor, on behalf of the Urban County Government, to Execute a Conveyance of Right of Way Deed [timestamp: 00:59:30] The council considered a resolution authorizing the Mayor to execute a Conveyance of Right of Way Deed transferring property and easements located in front of Masterson Station Park to the Commonwealth of Kentucky. **Property Transfer Details** The resolution authorized the transfer of: - 1.179 acres in fee simple - 0.033 acres permanent easement - 1.858 acres temporary easement The Commonwealth of Kentucky would receive these parcels for a sum of $31,600. **Outcome** The resolution was approved by the council. ## A Resolution authorizing the Mayor, on behalf of the Urban County Government, to execute a Memorandum of Understanding with Ky. Cabinet for Health and Family Services [timestamp: 00:52:57] The council considered a resolution authorizing the Mayor to execute a Memorandum of Understanding with the Kentucky Cabinet for Health and Family Services for information sharing purposes. This agreement would be entered into at no cost to the Urban County Government. The resolution received a first reading during this meeting. No specific discussion points, concerns, or debate details were recorded in the available materials for this agenda item. **Outcome:** First reading ## A Resolution authorizing the Mayor, on behalf of the Urban County Government, to Execute a Tower License Agreement with Crown Castle GT Co., LLC **Overview** The council considered a resolution to authorize the Mayor to execute a Tower License Agreement with Crown Castle GT Co., LLC for the upgrade of mobile data equipment at no cost to the Urban County Government. **Outcome** The resolution received a first reading [timestamp: 00:52:57]. ## A Resolution authorizing the Mayor, on behalf of the Urban County Government, to The council considered a resolution authorizing the Mayor to execute a Facility Usage Contract with Fayette County Board of Education for use of Winburn Middle School Gymnasium for an after-school program [timestamp: 00:52:57]. The contract cost was not to exceed $7,340.85. The resolution received a first reading during this meeting. No specific discussion points, concerns, or key speakers were documented for this agenda item. ## A Resolution authorizing the Mayor, on behalf of the Urban County Government, to Execute an Agreement with Kentucky Department of Fish and Wildlife Resources for Recreational Fishing on Hisle Park Ponds [timestamp: 00:52:57] The council considered a resolution authorizing the Mayor to execute an agreement with the Kentucky Department of Fish and Wildlife Resources regarding recreational fishing on Hisle Park Ponds. **Outcome** The resolution received a first reading. ## A Resolution authorizing the Mayor, on behalf of the Urban County Government, to This agenda item authorized a change order to increase the contract price for tennis facility improvements at Shillito/Kirklevington Tennis. The resolution approved Change Order No. One with Tennis Technology, Inc., increasing the contract price by $1,395, bringing the total from $113,653 to $115,048. The council took a first reading on this resolution at approximately 00:52:57 in the meeting. The change order was authorized to proceed, allowing the Mayor to execute the agreement on behalf of the Urban County Government. ## A Resolution authorizing the Mayor, on behalf of the Urban County Government, to Execute Agreements with Multiple Organizations [timestamp: 00:59:30] The Urban County Council approved a resolution authorizing the Mayor to execute agreements with six organizations on behalf of the Urban County Government for the Office of the Urban County Council. The agreements and their respective funding amounts were: * University of Kentucky Research Foundation ($175) * The Black Church Coalition of the Bluegrass, Inc. ($675) * The Broke Spoke Lexington Community Bike Shop, Inc. ($1,200) * YMCA of Central Kentucky, Inc. ($750) * Downtown Lexington Corporation Foundation ($1,500) * Copperfield Neighborhood Association, Inc. ($1,100) The total cost of these agreements did not exceed the sums stated for each organization. **Outcome:** The resolution was approved. ## A Resolution authorizing the Mayor, on behalf of the Urban County Government, to execute an Agreement with MCCI, LLC, for Legistar Software subscription, configuration and implementation [timestamp: 00:52:57] The council considered a resolution authorizing the Mayor to execute an agreement with MCCI, LLC, for Legistar Software subscription, configuration, and implementation services for the Council Clerk's Office. The total cost was not to exceed $87,375 for FY2011, subject to sufficient funds being appropriated in future years. The resolution received a first reading during this meeting. No additional discussion details or concerns from council members were documented in the available materials. **Outcome:** First reading ## A Resolution authorizing the Mayor, on behalf of the Urban County Government, to This agenda item authorized the Mayor to execute Change Order No. One to the contract with Woodall Construction for the Lexington Streetscape Phase One Improvements, specifically the Main Street Streetscape Project. The change order increased the contract price by $42,913.07, raising the total contract amount from $2,603,629.38 to $2,646,542.45. The resolution received a first reading during this meeting [timestamp: 00:52:57]. No specific speakers or detailed discussion points were recorded in the available meeting materials. The item proceeded to first reading, indicating it was introduced and would require additional consideration before final passage. ## A Resolution accepting the response of BTM Engineering, Inc., in the amount of $23,500 [timestamp: 00:52:57] The council considered a resolution to accept a bid from BTM Engineering, Inc. for engineering services related to the Lexington Mall Sanitary Sewer Relocation Project. The contract value was $23,500, and the work was to be performed for the Department of Environmental Quality. The resolution authorized the Mayor, on behalf of the Urban County Government, to execute an Engineering Services Agreement with BTM Engineering, Inc. This agreement was issued in response to Request for Proposal (RFP) No. 44-2010. The item received a first reading during this meeting. ## A Resolution authorizing the Mayor, on behalf of the Urban County Government, to Execute Change Order No. One (Final) to the Contract with Claunch Construction, LLC, for the Leesway Dr. Sanitary Sewer Improvements Project [timestamp: 00:52:57] The council considered a resolution to authorize the Mayor to execute a final change order for the Leesway Dr. Sanitary Sewer Improvements Project with Claunch Construction, LLC. The change order would increase the contract price by $11,454.77, raising the total contract amount from $314,165.65 to $325,620.42. **Outcome** The resolution received a first reading. ## A Resolution authorizing the Mayor, on behalf of the Urban County Government, to Execute Change Order No. One to the Contract with Arrow Electric Co. [timestamp: 00:52:57] The council considered a resolution to authorize the Mayor to execute Change Order No. One with Arrow Electric Co. for conduit installation work on Sir Barton Way as part of the Fiber Optic Cable Installation Program. **Contract Modification Details** The change order increases the contract price by $7,060, raising the total contract value from $87,996 to $95,056. **Outcome** The resolution received a first reading. ## A Resolution authorizing the Mayor, on behalf of the Urban County Government, to This agenda item authorized the Mayor to execute Change Order No. One to the contract with Stantec Consulting Services for the Sanitary Sewer Assessment Project. The change order increased the contract price by $136,000, raising the total contract value from $599,200 to $735,200. The resolution received a first reading during this meeting [timestamp: 00:52:57]. No additional discussion or concerns were documented during the consideration of this item. ## A Resolution authorizing the Mayor, on behalf of the Urban County Government, to Execute Change Order No. One to the Contract with Woolpert, Inc., for Sanitary Sewer Assessments [timestamp: 00:59:30] The council considered a resolution to authorize the Mayor to execute Change Order No. One with Woolpert, Inc., regarding the Sanitary Sewer Assessments contract. This change order significantly reduced the contract price by $2,633,902.02, decreasing the total from $2,933,902.20 to $300,000.00. The resolution was approved by the council. ## A Resolution authorizing the Mayor, on behalf of the Urban County Government, to Execute Amendment No. One to the Agreement with the U.S. Geological Survey [timestamp: 00:59:30] The council considered a resolution to authorize an amendment to the existing agreement with the U.S. Geological Survey for a continuous water quality monitoring pilot study. The amendment increased the contract price by $19,000, raising the total from $67,680 to $86,680. **Outcome** The resolution was approved. ## A Resolution of the Lexington-Fayette Urban County Government authorizing the designation of additional Economic Development Projects to be financed with a portion of the proceeds of its Various Purpose General Obligation Public Projects Bonds, Series 2010 [timestamp: 00:50:10] The council considered a resolution to authorize the designation of additional economic development projects to be financed using a portion of the proceeds from the Various Purpose General Obligation Public Projects Bonds, Series 2010. **Key Speaker** Beard presented this agenda item to the council. **Outcome** The resolution received a first reading. ## A Resolution accepting the bid of Worldwide Equipment in the amount of $124,703 The council considered a resolution to accept a bid from Worldwide Equipment in the amount of $124,703 for a front-end loader for refuse collection to be used by the Division of Facilities and Fleet Management. [timestamp: 01:00:00] Ellinger presented this agenda item to the council. The resolution was given a first reading and advanced accordingly. ## A Resolution accepting the bids of Giles Farm Equipment and Montgomery Tractor Sales, Inc. This agenda item concerned a resolution to accept bids for price contracts for supplemental tractor parts and accessories for the Division of Facilities and Fleet Management. The contracts were to be established with two vendors: Giles Farm Equipment and Montgomery Tractor Sales, Inc. Ellinger presented this item to the council [timestamp: 01:00:00]. The resolution sought to formalize pricing agreements with these two suppliers to support the Division of Facilities and Fleet Management's equipment maintenance and operations needs. The council took a first reading on this resolution, meaning the item was introduced and discussed but not yet voted on for final passage. A first reading typically allows for initial review and public comment before the measure advances to a subsequent reading for final consideration. ## A Resolution accepting the bid of Wayne Supply Company in the amount of $202,640 This resolution addressed the acceptance of a bid from Wayne Supply Company totaling $202,640 for diesel particulate filters and cleaning systems for the Department of General Services. [timestamp: 01:00:00] **Key Speaker** Ellinger presented this agenda item to the council. **Outcome** The resolution received a first reading. ## A Resolution accepting the bid of Grants Excavating Incorporated in the amount of $173,000 This resolution authorized the acceptance of a bid from Grants Excavating Incorporated for $173,000 to replace the Griffin Gate No. 2 pump station for the Division of Water Quality. The resolution also authorized execution of an agreement related to the bid. **Key Speaker** Ellinger presented this agenda item to the council. **Outcome** The resolution received a first reading. ## A Resolution amending Section 2 of Resolution 547-2010, which created the standing committees of the Urban County Council to provide for an Economic Development and Community Development Standing Committee [timestamp: 00:57:18] The council considered a resolution to amend Section 2 of Resolution 547-2010 by creating a new Economic Development and Community Development Standing Committee. This action would modify the existing standing committee structure of the Urban County Council. Key speakers on this agenda item included Myers and Gorton, who participated in the discussion regarding the establishment of this new committee. The resolution was approved by the council. The creation of the Economic Development and Community Development Standing Committee represents a structural change to the council's committee organization, consolidating economic development and community development functions under a single standing committee. ## An Ordinance pursuant to Section 22-453 of the Code of Ordinances extending the term of employment for the council administrator [timestamp: 01:09:55] The council considered an ordinance to extend the Council Administrator's employment term for an additional two years, aligning with the terms of District Council Members. **Key Speakers** Gorton and Ellinger participated in the discussion of this agenda item. **Action Taken** The council approved the ordinance extending the Council Administrator's term of employment for two years. --- ## Decisions - **Ordinance 0001-2010** — passed (14-0): Approval of an ordinance changing the zone from Single Family Residential (R-1C) to Professional Office (P-1) for property at 1610-1612 Harrodsburg Rd. - **Ordinance 0002-2010** — passed (14-0): Amendment to budgets to reflect current municipal expenditures and re-appropriation of funds, Schedule No. 70. - **Ordinance 0003-2010** — passed (14-0): Amendment to budgets to reflect $1,275 from Council Neighborhood Development Funds for relocation of WWII Plaque to Veteran’s Park. - **Ordinance 0008-2010** — postponed (14-0): Referral of ordinance amending Internal Audit Board structure to the General Government Committee. - **Resolution 0001-2010** — passed (14-0): Approval of bid from DataWorks Plus for digital application server for the Div. of Police. - **Resolution 0002-2010** — passed (14-0): Ratification of probationary and permanent civil service appointments across multiple departments. - **Resolution 0003-2010** — passed (14-0): Authorization to execute amended 2010 General Term Orders for Fayette County Clerk and Sheriff. - **Resolution 0004-2010** — passed (14-0): Authorization to execute 2011 General Term Orders for Fayette County Clerk and Sheriff. - **Resolution 0005-2010** — passed (14-0): Authorization to execute release of easements on properties at 1908-1920 General Warfield Way and 1869 Goodpaster Way. - **Resolution 0006-2010** — passed (14-0): Authorization to participate in IRS E-File Program for Volunteer Income Tax Assistance at three centers. - **Resolution 0007-2010** — passed (14-0): Authorization to execute facility usage contract with Fayette County Board of Education for Cheerleader Showcase at Winburn Middle School. - **Resolution 0008-2010** — passed (14-0): Authorization to execute group sales agreement with Hyatt Regency Lexington for 2011 Bluegrass Invitational Wheelchair Tournament. - **Resolution 0009-2010** — passed (14-0): Authorization to execute facility usage agreement with youth baseball leagues for fall youth baseball. - **Resolution 0010-2010** — passed (14-0): Authorization to execute rental agreement with Lexington Center Corp. for Martin Luther King Day Celebration. - **Resolution 0011-2010** — passed (14-0): Authorization to execute agreements with multiple neighborhood associations and organizations for Office of the Urban County Council. - **Resolution 0012-2010** — passed (14-0): Authorization to execute purchase of service agreement with Lyric Theatre and Cultural Arts Center for public services. - **Resolution 0029-2010** — passed (14-0): Authorization to execute conveyance of right-of-way deed transferring land in front of Masterson Station Park to Commonwealth of Kentucky. - **Resolution 0042-2010** — passed (14-0): Authorization to execute Change Order No. 1 to contract with Woolpert, Inc., decreasing contract price from $2,933,902.20 to $300,000.00. - **Resolution 0043-2010** — passed (14-0): Authorization to execute Amendment No. 1 to agreement with U.S. Geological Survey for water quality monitoring pilot study, increasing contract price by $19,000. - **Resolution 0035-2010** — passed (14-0): Authorization to execute agreements with multiple organizations for Office of the Urban County Council. - **Resolution 0049-2010** — passed (14-0): Amendment to Resolution 547-2010 to create Economic Development and Community Development Standing Committee. - **Ordinance 0016-2010** — passed (14-0): Amendment to budgets to reflect $3,525 from Neighborhood Development Funds for flashing light at Upper and Pine Streets. - **Ordinance 0015-2010** — passed (14-0): Adoption of a schedule of meetings for the Council for the calendar year 2011. - **Ordinance 0013-2010** — passed (14-0): Amendment to budgets to reflect $3,000 from Neighborhood Development Funds for training equipment for Fire Training Academy. - **Ordinance 0017-2010** — passed (14-0): Amendment to budgets to reflect $1,500 from Neighborhood Development Funds for EMS bicycle for Fire and Emergency Services. - **Ordinance 0019-2010** — passed (14-0): Extension of term for Council Administrator for an additional two-year term. - **Resolution 0045-2010** — passed (14-0): Acceptance of bid for front-end loader for refuse collection from Worldwide Equipment. - **Resolution 0046-2010** — passed (14-0): Acceptance of bids for price contracts for supplemental tractor parts and accessories from Giles Farm Equipment and Montgomery Tractor Sales. - **Resolution 0047-2010** — passed (14-0): Acceptance of bid for diesel particulate filters and cleaning system from Wayne Supply Company. - **Resolution 0048-2010** — passed (14-0): Acceptance of bid for Griffin Gate No. 2 pump station replacement from Grants Excavating. --- ## Full transcript Madam Clerk, if you would call the roll. Mr. Beard? Present. Mr. Blues? Here. Ms. Crosby? Here. Here. Mr. Ellinger? Here. Ms. Feigl? Here. Ms. Gordon? Here. Mr. Gray? Here. Ms. Henson? Here. Ms. James? Here. Ms. Lawless? Here. Mr. Martin? Here. Mr. McCord? Here. Mr. Myers? Here. Mr. Stennett? Here. Mr. Stennett? Here. Mr. Martin? Here. Mr. McCord? Here. And Mr. Stinnett. Thank you. Thank you. We have a quorum. I'd like to invite you now to participate in our invocation with a moment of silence. And this evening, I would particularly ask that you remember some of our fellow Kentuckians who are part of the 101st Airborne that have been deployed in Afghanistan for the last several months. You may notice at the old courthouse down at the corner of Main and Upper Street, we were flying a flag in recognition of their very, very difficult service to our country right now. And so if you would, please stand and join me in a moment of silence. Thank you. Let me ask Steve Fease, who I think I saw here earlier. There he is. Steve, if you would come to the podium and tell us just a little bit about the Cash for Cans contest. For the fifth consecutive year, the City of Lexington participated in the U.S. Cash for Cans Aluminum Beverage Can Recycling Contest. This goes through the month of October, and this year more than 3.7 million cans were picked up in Fayette County. And the national contest is going to be announced in January 2011. Lexington's efforts were coordinated by a team from the Bluegrass Partnership for a Green Community. That included UK, Fayette County Public Schools, and urban county government. As part of the citywide efforts, 27 Fayette County schools, both public and private, were involved in the contest to see which school could pick up the most cans. Altogether, 27 schools picked up 250,000 cans. That's 93,000 more cans than last year. Wise Recycling, Baker Iron and Metal, Phoenix, the urban county government were involved monetarily with prizes for nine schools that had the highest number of actual cans per student. The schools also were paid by the buyback centers when they drop off their individual bags of cans. So it is our pleasure to present certificates to all participating schools. Gary Hoover with the Fayette County Public Schools will be reading the names of the public schools that were involved, and Carol Bradford with Bluegrass Pride will be reading the names of the private schools involved. Thank you, Steve. The school's earning certificates are Bryan Station High, Cardinal Valley Elementary School, Cassidy Elementary School, Dixie Elementary School, Edith J. Hayes Middle School, Glendover Elementary School, Harrison Elementary School, Henry Clay High School, Lafayette High School, Mill Creek Elementary School, Pickedome Elementary School, and Veterans Park Elementary School. The private schools who will be receiving a plaque tonight will be Christ the King School, Lexington Universal Academy, Mount Olivet Baptist School, Sayre Upper School, Sayre Middle School, and Sayre Lower School. The following schools are schools that earned certificates and prize money. They are in the following categories. The category of 300 students or less, that's Montessori Middle School, $1,000. Let's go. Family Care Center, $800. Thank you. Lexington Day Treatment Center, $600. The following category, or student category, is students between 300 and 599. They are Russell Cave Elementary School, winners of $1,000. Thank you. Thank you. And Ashland Elementary School, $600. The final category, the last category, students, population of 600 or greater. The first award goes to Rosa Parks Elementary, $1,000. Thank you. Bryan Station Middle School, $800. Thank you. The final award of this evening goes to Paul Lawrence Dunbar High School for $600. And they're not represented this evening. Thank you very much. I would say something about making sure everybody noticed the check did not bounce when we dropped it. While I am here, I wanted to take just a moment to recognize a group of people who have worked very, very hard on behalf of Lexington's environment to the degree that they were the recipient of a certificate of appreciation from the Environmental Commission. And that group is the Water Quality Management Fee Incentive Work Group. That rather long title, as most members of the Council know, relates to the fact that these were the people who worked diligently in order to try to come up with an effective incentive program for our water quality management fee. And let me recognize several of the folks who are here with us tonight. And I'm not sure everyone's here, but let me call their names out. Let me begin with Councilmember Linda Gordon, who is here, and Andy Haymaker, who represented the commercial developers, Kelly Breeding with State County Public Schools, Patrick Brewer from Lexmark. I have not seen Patrick. All right. Sanford Levy, owner of Good Foods Co-op, Knox Van Noggle. Haven't seen Knox. Okay. Emma Tibbs, also representing the Fayette County Neighborhood Council, and Bob Wiseman. Obviously, this was a difficult task, and on behalf of the Environmental Commission, it is a privilege for me to present this to the members of the group who are here tonight in order to say thank you very much for your efforts. Thank you. Charlie and Susan, where's Charlie Martin? Charlie and Susan, can you all come up here please? We are happy to take the credit, but we really didn't do all of the hard work. It was all really done by Charlie and Susan and their bunch. So since this is kind of a group effort, we didn't know who in the group ought to do it. We thought it would be nice if they would maybe hang it in their offices as recognition for their hard work. So we'd like to give this baby a home. Thank you. And by the way, it's pretty neat. I saw on the docket tonight that the grants are actually being authorized to be given out tonight. So neat to see. Thank you all. Thank you. Thank you all very much for your help. Madam Clerk, I think we're now ready for the reading of the ordinances entitled to second reading. Ordinance number one, an ordinance changes the zone from a single-family residential R1C zone to a professional office P1 zone for 0.298 net, 0.373 gross acre, for property located at 1610 through 1612 Harrodsburg Road, Lair Properties, LLC. Number 2, an ordinance amending certain of the budgets of the Lexington-Fayette-Irvin County Government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds, Schedule Number 70. And number 3, an ordinance amending certain of the budgets of the Lexington-Fayette-Irvin County Government to reflect current requirements for funds in the amount of $1,275 from Council Neighborhood Development Funds in the Division of Parks and Recreation for relocation of World War II plaque to Veterans Park and appropriating and reappropriating funds, Schedule Number 71. Thank you. Do I hear a motion to approve those ordinances? Second. I have a motion by Council Member Myers and a second by Council Member Gordon to approve those ordinances. Is there any discussion? Seeing none, we'll vote. Those in favor of approving those ordinances, please indicate by voting aye electronically. Those opposed, vote nay electronically. And Madam Clerk, please call the roll. Mr. Beard? Aye. Mr. Blues? Yes. Ms. Crosby? Mr. Ellinger? Yes. 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. Stennett? Thank you. Those ordinances are adopted. Madam Clerk, will you give first reading to the ordinances entitled to first reading? Thank you. obligates the urban county government for the expenditure of $220,993 as a local match, appropriating funds pursuant to Schedule No. 72 and authorizing the mayor to transfer unencumbered funds within the grant budget. Number five, an ordinance amending Section 21-52 of the Code of Ordinances, creating one position of Deputy Director of Administrative Services Water Quality, Grade 120E, creating two positions of Environmental Inspector, Grade 113N, abolishing one position of Engineering technician principal, Grade 115E, and one position of engineering technician, Grade 111N, all in the Division of Water Quality, amending Section 22-52 of the Code of Ordinances, abolishing two positions of communications officer, part-time, Grade 111N, in the Division of Police, and appropriating funds pursuant to Schedule Number 73. Number 6, an ordinance authorizing and directing the Mayor on behalf of the Urban County Government to execute a lease agreement with Winmar Corporation for office space located at 125 Isle Industrial Park for a three-year period for the Division of Water Quality at a cost not to exceed $233,797.75 per year, subject to sufficient funds being appropriated in future fiscal years and appropriating funds pursuant to Schedule No. 74. No. 7, an ordinance authorizing and directing the Mayor on behalf of the Urban County Government to execute and submit a grant application to the Kentucky Board of Emergency Medical Services 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 $10,000 Commonwealth of Kentucky funds, are for the purchase of EMS equipment, the acceptance of which does not obligate the urban county government for the expenditure of funds, appropriating funds pursuant to FY 2012 Schedule No. 1, and authorizing the Mayor to transfer unencumbered funds within the grant budget. Mayor. Council Member Beard. Thank you. I would like to move that we pull number eight and place it in intergovernmental and not go forward with this tonight. I have a motion to refer item number eight to the Intergovernmental Committee by Council Member Beard and a second by Council Member Crosby. Any discussion? Pardon me? Council Member Stennett. Thank you, Mayor. Well, since there's no longer an intergovernmental committee, what would be the next appropriate committee? Council Member Beards, would you like to put it in? Because by the time we meet and discuss this, there won't be a committee. So we need to correct it. General government. Okay. All right. There's no objection. We'll amend the motion accordingly. The motion is to refer item 8 to the general government committee. Any discussion? All in favor of referring that item, please indicate by voting aye electronically. Those opposed vote nay electronically. Thank you. The motion carries. Madam Chair, Councilman Beard, anything? All right. Thank you. Are we ready to proceed? Yes. Okay. Number nine, an ordinance expanding and extending the full urban services district number one to provide street lighting, street cleaning, and garbage and refuse collections to include the area defined as certain properties on the following streets, Georgetown Street, Good Pasture Way, Lakewood Drive, McConnell's Trace, New River Place, Orchard Grass Road, Patch and Wilkes Drive, Polk Berry Park, Polo Club Boulevard, Polo Club Lane, Rain Guard Garden Way, Real Quiet Lane, Sand Lake Drive, Suwannee Lane, Shaker Run Circle, Sorel Way, Sunningdale Drive, Sweet Clover Lane, Tollgate Road, and Atwood Drive. Number 10, an ordinance expanding and extending partial urban services district. Number 3 for the urban county government for the provision of garbage and refuse collections to include the area defined as certain properties on the following streets, Bracktown Road, Bradley Lane, Leastown Road, Standish Way, and Winston Avenue. Number 11, an ordinance expanding and extending partial urban services district. Number 5, for the urban county government for the provision of garbage and refuse collection and street lighting to include the areas defined as certain properties on the following streets, Athenia Drive, Branchwood Place, Hildene Drive, John Alden Lane, Monticello Boulevard, Plymouth Rock Court, Rebecca Drive, Wallingford Drive, Aldershot Drive, Blueberry Road, Delwood Drive, Potomac Drive, Spring Hill Drive, Sweetbriar Circle, and Worcester Road. Number 12, an ordinance extending the term for one position of the Division of Parks and Recreation and two positions in the Division of Human Resources proposed for abolishment as of December 31, 2010 to March 31, 2011 and appropriating funds pursuant to Schedule Number 81. Council Member Wallace. I'd like to move to place on tonight's docket for first reading an ordinance amending certain of the budgets to reflect current expenditures and appropriating and reappropriating funds, schedule number 0075, and an ordinance amending certain of the budgets to reflect current requirements for funds in the amount of $3,250 from neighborhood development funds in the Division of Traffic Engineering for installation and construction of a flashing light at the corner of Upper and Pine Streets and appropriating and reappropriating funds, Schedule number 79. So moved. I have a motion by Council Member Wallace and a second by Council Member Crosby to add that item to the docket. Madam Clerk. Mayor, the number in the motion for the second item is incorrect. It needs to be $3,525 and as opposed to us having to make another motion. I'm sorry, it was a typo, $3,525. Thank you for catching that. We'll accept that as a friendly amendment. Any further discussion on that motion? Council Member Lane. Yeah, could you explain what that motion means, please? There's been a need for a flashing light for quite some time at a very dangerous street corner in the 3rd District, and there's been no money for that. So this is NDF funds, using NDF funds, and several council members contributed to that as well as myself. And instead of giving it to the neighborhood, we would then have to give it to the Division of Traffic Engineering. They suggested that we just do it as a budget amendment and send it directly to Traffic Engineering. Okay, and that was reviewed by the legal department, so that was all? Yes. All right, thank you. We talked to lots of people. Any further discussion? All in favor of placing that item on the docket, please indicate by saying aye. Opposed, no. Motion carries. Madam Clerk, would you give first reading to that item? Ordinance number 13 is an ordinance amending certain of the budgets of the Lexington-Fadurban County Government to reflect current requirements for municipal expenditures and appropriating to reflect current requirements for municipal expenditures in appropriating and reappropriating funds, Schedule No. 75. And No. 14, an ordinance amending certain of the budgets of the Lexington-Fayette Urban County Government to reflect current requirements for funds in the amount of $3,525 from neighborhood development funds in the Division of Traffic Engineering for installation and construction of a flashing light at the corner to Upper and Pine Streets in appropriating and reappropriating funds, Schedule number 79. Thank you very much. Council Member Myers. Thank you, Mayor. We had a meeting today to go over the blue sheet process and how that's going to flow with respect to the restructure that we passed as a council. And at the end of that meeting, the law department asked if we could go ahead and pass the council calendar and get that done instead of waiting until next week. So I wanted to make a motion. I move to place on the docket an ordinance adopting a schedule of meetings for the Council for the calendar year 2011. So moved. I have a motion to Council Member Myers, a second to Council Member Gordon to add that item to the docket. Any discussion? All in favor say aye. Aye. Opposed, no. Motion carries. Madam Clerk. Thank you, Mayor. Ordinance number 15, an ordinance pursuant to Section 2-1A of the Code of Ordinances of the Lake-Santive-Fayette-Urban County Government adopting a schedule of meetings for the Council for the calendar year 2011. Council Member Gordon. Thank you, Mayor. I move to place on the docket for the Thursday, December 2, 2010 Council meeting an ordinance appropriating funds from the Urban County Council Office in the amount of $3,000 to the Division of Fire and Emergency Services for two projectors and other training equipment for the Fire Training Academy. And this is from MyCost Center. Do we have a motion by Council Member Gorton, second by Council Member Blues to add that item to the docket. Any discussion? All in favor say aye. Aye. Opposed, no. Motion carries. I don't have any text on that. You didn't have that one. I don't have a text. Councilmember Beard. I, too, have a same situation that Councilmember Gordon mentioned, but it's the normal NDF that seems like I'm always moving to approve. But we would like to put it on the docket also tonight. Okay. If you would hold on for just a moment, let's get this one read, and then I'll come back to you. If I can have the attorney just have a second to prepare an ordinance to read. so that we have the correct terminology for the heading, please. I'm sorry. What did you say at the end? If we can just get like two seconds to prepare the heading so we can read it correctly. Sure. Thank you. I forgot something in the process. Thank you. No, she's. Thank you. Thank you. Mayor, they're going to have to get the schedule number so that we can get the correct verbiage for that. So if it's okay, we could go ahead and do second reading and come back to that. Is that okay? Do second reading? I'm sorry. Okay. I think we've got another matter to take up before. Okay. Then yes. Is there anything further with regard to the ordinances receiving first reading? All right, let's move ahead and pick up the resolutions entitled to second reading, and we'll come back to this item. Resolution number one, a resolution accepting the bid of DataWorks Plus and the amount of $57,010 for a digital application server for the Division of Police. Number two, a resolution ratifying the probationary civil service appointments of Gregory Harvitt, public service supervisor senior, grade 114E, 1,709, 52, biweekly, in the Division of Waste Management, effective November 22, 2010. Charles Dorge, Enterprise Systems Developer, grade 116E, 2008, 12, 37, biweekly, in the Division of Enterprise Solutions, effective November 22, 2010. Eilure, Equipment Operator Senior, Grade 109N, 12.459, hourly in the Division of Waste Management, effective December 6, 2010. Dennis McGovern, Joby Harvey, Equipment Operator Senior, Grade 109N, 14.836, hourly in the Division of Waste Management, effective December 6, 2010. Donnie Gent, Equipment Operator Senior, Grade 109N, 13.971, hourly in the Division of Waste Management, effective December 6, 2010, ratifying the permanent civil service appointments of Trina Brown, Administrative Specialist Senior, Grade 112N, and the Department of Social Services, effective October 26, 2010, Robert Meyer, Skilled Trades Worker Senior, Grade 112N, and the Division of Facilities and Fleet Management, effective October 12, 2010. Number three, a resolution authorizing the Mayor on behalf of the Urban County Government to execute the amended 2010 general term order for the Fayette County Clerk and the Fayette County Sheriff. Number four, a resolution authorizing the mayor on behalf of the urban county government to execute the 2011 general term orders for the Fayette County Clerk and the Fayette County Sheriff, establishing the number of deputies and assistants allowed to each and the compensation allowed to each deputy and assistant, subject to the limits for each category as specified in the general term orders and subject to the fees collected by the officers, respectively in their 75 percent accounts pursuant to KRS 64.3501. Number five, a resolution authorizing and directing the mayor on behalf of the urban county government to execute a release of easements, releasing a streetlight easement and drainage easement on property located at 1908 through 1920 General Warfield Way and a partial release of easement, releasing a portion of a streetlight easement on property located at 1869 Goodpastor Way. Number six, a resolution authorizing and directing the mayor on behalf of the urban county government to execute an application to participate in the Internal Revenue Service e-file program for the volunteer income tax assistance programs at the Gainesway Empowerment Center, the Central Kentucky Job Center, and the Family Care Center at no cost to the urban county government. Number seven, 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 rental of Winburn Middle School for a cheerleader showcase at a cost not to exceed $197.93. Number eight, a resolution authorizing the mayor on behalf of the urban county government to execute a group sales agreement with Hyatt Regency Lexington for 2011 Bluegrass Invitational Wheelchair Tournament at a cost not to exceed $3,000. Number nine, a resolution authorizing the mayor on behalf of the Urban County Government to execute a facility usage agreement with various youth baseball leagues for fall youth baseball. Number ten, a resolution authorizing the mayor on behalf of the Urban County Government to execute a rental agreement with Lexington Center Corporation for Martin Luther King Day celebration at a cost not to exceed $9,000. Number 11, a resolution authorizing the mayor on behalf of the Urban County Government to execute agreements with Childsburg Maintenance Association, Inc., $1,000. North Point Neighborhood Homeowners Association, Inc., $500. Act Ministries, Inc., $350. Bluegrass Green Works, Inc., Inc., $300. Bluegrass Community Action Partnership, Inc., $1,000. and the ENA Incorporated doing business as NECCO, $350 for the Office of the Urban County Council at a cost not to exceed the sums stated. And number 12, a resolution authorizing the mayor on behalf of the Urban County Government to execute a purchase of service agreement with Lyric Theater and Cultural Arts Center Incorporated to provide services to the public at a cost not to exceed $236,777. Thank you. That concludes the reading of the resolutions entitled a second reading. is there a motion to adopt those resolutions? Move approval. I have a motion by Council Member Gordon, second by Council Member Beard to approve those resolutions. Is there any discussion? All in favor of approving those resolutions, please indicate by voting aye electronically. Those opposed to vote nay electronically. Madam Clerk, please call the roll. Mr. Beard? Aye. Mr. Blues? Yes. Ms. Crosby? Mr. Ellinger Ms. Gorton Mr. Gray Ms. Henson Ms. James Mr. Lane Ms. Lawless Mr. Martin Mr. McCord Mr. Myers and Mr. Stennett Thank you those resolutions are adopted there appear to be some council members who have yet to vote electronically and I think we I've got it taken care of. Are there now? So those resolutions are adopted. Are we ready to, Madam Clerk, are we ready with the ordinance that we were working on yet? Or are we ready to go ahead to resolutions? All right, let's proceed to the reading of resolutions entitled to the first reading. Number 13, a resolution authorizing the mayor on behalf of the urban county government to execute an agreement with awarding a Class B incentive grant for stormwater quality project to the University of Kentucky Research Foundation in the amount of $113,375. Number 14, a resolution authorizing the Mayor on behalf of the Urban County Government to execute an agreement with awarding a Class B Incentive Grant for a Stormwater Quality Project to Claussing Group, Inc., in the amount of $321,576.48. Number 15, a resolution authorizing the Mayor on behalf of the Urban County Government to execute an agreement with awarding a Class B Incentive Grant for a Stormwater Quality project to Sanford E. Levy, LLC, in the amount of $2,600. Number 16, a resolution authorizing the mayor on behalf of the Urban County Government to execute an agreement awarding a Class B incentive grant for a stormwater quality project to AIE Properties, LLC, in the amount of $109,000. Number 17, a resolution authorizing the mayor on behalf of the Urban County Government to execute an agreement awarding a Class B incentive grant for a stormwater quality project to Community Montessori School, Inc., in the amount of $107,868. Number 18, a resolution authorizing the mayor on behalf of the urban county government to execute an agreement awarding a Class B incentive grant for a stormwater quality project to Coca-Cola Refreshments USA, Inc., in the amount of $189,090. Number 19, a resolution authorizing the mayor on behalf of the urban county government to execute an agreement awarding a Class B incentive grant for a stormwater quality project to the Fayette County Board of Education in the amount of $57,800. Number 20, a resolution authorizing the mayor on behalf of the urban county government to execute an agreement awarding a Class B incentive grant for stormwater quality project to Ronald McDonald House Charities of the Bluegrass Incorporated in the amount of $201,285. 21, a resolution authorizing the mayor on behalf of the urban county government to execute an agreement awarding a Class B incentive grant for stormwater quality project to a WLEX Communications LLC in the amount of $115,869.06. Number 22, a resolution authorizing the mayor on behalf of the urban county government to execute a license application order form in agreement with RAVE Wireless Incorporated to provide software training and implementation services related to a 911 self-registration portal for a period of up to three years subject to sufficient funds being appropriated in future fiscal years at a cost not to exceed $72,000 in FY 2011. 23, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute and submit a grant application to the Environmental Protection Agency and to provide any additional information requested in connection with this grant application, which grant funds are in the amount of $1 million federal funds under the National Clean Diesel Funding Assistance Program and are for repowering vehicles for propane with propane propane conversion kits, installation of a propane fueling station on Old Frankfurt Pike, and purchase of new propane-powered vehicles. Twenty-four, a resolution approving the granting of an inducement of NGMOT LLC pursuant to the Kentucky Business Investment Act created by House Bill 3 of the 2009 Extraordinary Legislative Session, whereby Lexington-Payde River 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 NGIMTA LLC 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 NGIMTA LLC has with the Kentucky Economic Development Finance Authority related to the project and taking other related action. Twenty-five, a resolution approving the granting of an inducement to Illinois Tool Works, Inc., pursuant to the Kentucky Business Investment Act, created by House Bill 3 of the 2009 Extraordinary Legislative Session, whereby Lexington-Paylor County Government agrees to forego the collection of 1% of the occupational license fees that would otherwise be due to it, which shall be retained by Illinois Tool Works, Inc., 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 Illinois Tool Works Incorporated has with the Kentucky Investment Development Finance Authority related to the project and taking other related action. Twenty-six, a resolution approving the granting of an inducement to Essent Technologies LLC pursuant to the Kentucky Business Investment Act created by House Bill 3 of the 2009 Extraordinary Legislative Session, whereby Lexington Bay and Urban County Government agrees to forego the collection of 1% of the occupational license fees that would otherwise be due to it, which shall be retained by Essent Technologies, LLC, 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. Ascent Technologies LLC has with the Kentucky Economic Development Finance Authority related to the project and taking other related action. Twenty-seven, a resolution approving the granting of the inducement with NTSG, incorporated pursuant to the Kentucky Business Investment Act created by House Bill 3 of the 2009 Extraordinary Legislative Session, whereby Lexington-Faderman County Government agrees to forego the collection of 1% of the occupational license fee that would otherwise be due to it, which shall be retained by NTSG, incorporated for a term 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 NTSG incorporated as with the Kentucky Economic Development Finance Authority related to the project and taking other related action. Number 28, a resolution approving the granting of an inducement to Galmont Consulting LLC pursuant to the Kentucky Business Investment Act created by House Bill 3 of the 2009 Extraordinary Legislative Session, whereby Lexington-Faderman County Government agrees to forego the collection of the 1% of the occupational license fee that would otherwise be due to it, which shall be retained by Galmont Consulting, LLC, 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 Galmont and Consulting LLC has with the Kentucky Economic Development Finance Authority related to the project and taking other related action. Number 29, a resolution authorizing the mayor on behalf of the Irving County Government to execute a conveyance of right-of-way deed transferring 1.179 acres of fee simple, in fee simple, 0.033 acre permanent easement and 1.858 acres temporary easement located in front of Masterson Station Park from the Urban County Government to Commonwealth of Kentucky for the sum of $31,600. Number 30, a resolution authorizing the Mayor on behalf of the Urban County Government to execute a Memorandum of Understanding with the Kentucky Cabinet for Health and Family Services for information sharing at no cost to the Urban County Government. Number 31, a resolution authorizing the Mayor on behalf of the Urban County Government to execute a tower license agreement with Crown Castle GT Company LLC for upgrade of mobile data equipment at no cost to the Urban County Government. Number 32, a resolution authorizing the mayor on behalf of the urban county government to execute a facility usage contract with Fayette County Board of Education for use of Winburn Middle School Gymnasium for an after-school program at a cost not to exceed $7,340.85. Number 33, a resolution authorizing the mayor on behalf of the urban county government to execute an agreement with Kentucky Department of Fish and Wildlife Resources for recreational fishing on High School Park ponds. 34, a resolution authorizing the mayor on behalf of the Irvin County Government to execute change order number one of the contract with Tennis Technology Incorporated for Shillitoe, Kirk Lab and Team Tennis, increasing the contract price by the sum of $1,395 from $113,653 to $115,048. Number 35, a resolution authorizing the mayor on behalf of the Irvin County Government to execute agreements with the University of Kentucky Research Foundation, $175, The Black Church Coalition of the Bluegrass Incorporated, $675. The Brookes Folk Lexington Community Bike Shop Incorporated, $1,200. YMCA of Central Kentucky Incorporated, $750. Downtown Lexington Corporation Foundation, $1,500. Copperfield Neighborhood Association Incorporated, $1,100. For the Office of the Urban County Council at a cost not to exceed the sums stated. Number 36. A resolution authorizing the Mayor on behalf of the Urban County Government to execute an agreement with MCCI LLC for Legistar Software Subscription, Configuration, and Implementation for the Council Clerk's Office at a cost not to exceed $87,375 FY2011, subject to sufficient funds being appropriated in future years. Number 37. A resolution authorizing the Mayor on behalf of the Urban County Government to execute Change Order No. 1 to the contract with Woodall Construction for Lexington Streetscape Phase I Improvements Main Street Streetscape Project, increasing the contract price by the sum of $42,913.07 from $2,603,629.30 to $2,646,542.45. Number 38, a resolution accepting the response of BTM Engineering Incorporated than the amount of $23,500 for the Lexington Mall Sanitary Sewer Relocation Project for the Department of Environmental Quality and authorizing the Mayor on behalf of the Urban County Government to execute an engineering services agreement related to RFP No. 44-2010. No. 39, a resolution authorizing the Mayor on behalf of the Urban County Government to execute Change Order No. 1 to the final to the contract with Clonch Construction, LLC for the Leesway Drive Sanitary Sewer Improvements Project, increasing the contract price by the sum of $11,454.77 from $314,165.65 to $325,620.42. Number 40, a resolution authorizing the mayor on behalf of the urban county government to execute change order number one of the contract with Aero Electric Company for conduit installation on Saar Barton Way for the fiber optic cable installation program, increasing the contract price by the sum of $7,060 from $87,996 to $95,056. Number 41, a resolution authorizing the mayor on behalf of the Irvin County Government to execute change order number one to the contract with Stantec Consulting Services for Sanitary Sewer Assessment Project, increasing the contract price by the sum of $136,000 from $599,200 to $735,200. Forty-two, a resolution authorizing the mayor on behalf of the Urban County Government to execute change order number one to the contract with Wolpert Incorporated for sanitary sewer assessments, decreasing the contract price by the sum of $2,633,902.02 from $2,933,902.20 to $300,000. And number 43, a resolution authorizing the mayor on behalf of the Irving County Government to execute amendment number one to the agreement with the U.S. Geological Survey for the permit required for continuous water quality monitoring pilot study, increasing the contract price by the sum of $19,000 from $67,680 to $86,680. Thank you. I understand we have several motions to add items to tonight's docket, so let's begin with those. Council Member Beard. Thank you, Mayor. At request from the administration, I move to place on tonight's docket a resolution authorizing the designation of additional economic development projects to be financed with a portion of the proceeds of its various purpose general obligation public projects bonds, series 2010. Second. I have a motion and second to add that item to tonight's docket. Any discussion? All in favor, please say aye. Aye. Opposed, no. Motion carries. Madam Clerk. Number 44. A resolution of the Lexington-Fayette Urban County Government authorizing the designation of additional economic development projects to be financed with a portion of the proceeds of its various purpose, general obligation public projects, bonds, series 2010. Thank you. Council Member Ellinger. Thank you, Mayor. At the request of the administration, I have a motion to place on tonight's docket. Bear with me. It is quite lengthy here. One, a resolution accepting the bid of a worldwide equipment in the amount of $124,703 for front-end loader for refuge collection for the Division of Facilities and Fleet Management, and two, a resolution accepting the bids of Giles Farm Equipment and Montgomery Tractor Sales, Inc., establishing price contracts for supplemental tractor parts and accessories for the Division of Facilities and Fleet Management. Three, a resolution accepting the bid of Wayne Supply Company an amount of $202,640 for diesel particulate filters and cleaning system for the Department of General Services for a resolution accepting bid of grants excavating ink in the amount of $173,000 for the Griffin Gate No. 2 pump station replacement for the Division of Water Quality and authorizing the execution of an agreement related to the bid. So moved. I have a motion to Council Member Ellinger, seconded by Council Member Beard, to add those items to tonight's docket. Any discussion? All in favor say aye. Opposed, no. Motion carries. Madam Clerk, please give first reading to those items. Resolution number 45, a resolution accepting the bid of worldwide equipment in the amount of $124,703 for front-end loader for refuse collection for the Division of Facilities and Fleet Management. Number 46, a resolution accepting the bids of Giles Farm Equipment and Montgomery Tractor Sales, Inc., establishing price contracts for supplemental tractor parts and accessories for the Division of Facilities and Fleet Management. 47, a resolution accepting the bid of Wayne Supply Company in the amount of $202,640 for diesel particulate filters and cleaning system for the Department of General Services. And number 48, a resolution accepting the bid of grants excavating incorporated in the amount of $173,000 for the Griffin Gate, number two, pump station replacement for the Division of Water Quality, and authorizing the mayor on behalf of the urban county government to execute an agreement with grants excavating incorporated related to the bid. Council Member Myers. Thank you, Mayor. Council Members, I passed out a motion followed by the resolution. When we passed the restructure, there was a housekeeping item we need to correct. I think I've explained this to most of you. We had community development underneath budget and finance, and it needs to be moved to economic development. And that is, in fact, how we presented it when everybody voted on it. So I move to place on the docket, under first reading resolutions, a resolution amending Section 2 of Resolution 547-2010, relating to standing committees of the Urban County Council to create the Economic Development and Community Development Committee. So moved. Second. I have a motion by Council Member Myers, second by Council Member Gordon, to add that item to the docket. Any discussion? All in favor say aye. Aye. Opposed, no. Motion carries. Madam Clerk. Thank you, Mayor. Resolution number 49, a resolution amending section 2 of the resolution 547-2010, which created the standing committees of the Urban County Council to provide for an economic development and community development standing committee. Thank you. Are there now motions to suspend the rules? Council Member Blues, I understand you have one. Thank you, Mayor. Move to suspend the rules in order to give second reading to resolutions number 42 so that this matter can be concluded before the end of the calendar year. also 43 and 29. So moved. Thank you. Do I hear a second? I have a second by Council Member Ellinger. Are there any others? Seeing none, we'll proceed to vote. Those in favor of suspending the rules for purposes of giving second reading to items 42 and 43, please indicate by saying aye. Aye. Opposed, no. Motion carries. Yeah, let's get these two taken care of and come back and pick it up. Madam Clerk, if you give second reading to items 42 and 43, please. Okay. It was my understanding that Mr. Blue's motion was for 29 as well. I'm sorry. And 29, please. All right. I missed that. Thank you. Thank you. located in front of Masterson Station Park from the Urban County Government to Commonwealth of Kentucky for the sum of $31,600. Number 42, a resolution authorizing the mayor on behalf of the Urban County Government to execute change order number one to the contract with Wolpert Incorporated for sanitary sewer assessments decreasing the contract price by the sum of $2,633,902.02 from $2,933,902.20 to $30,000 to $300,000. And number 43, a resolution authorizing the mayor on behalf of the Irwin County Government to execute amendment number one to the agreement with U.S. Geological Survey for the permit required for continuous water quality monitoring pilot study, increasing the contract price by the sum of $19,000 from $67,680 to $86,680. Council Member Myers. Thank you, Mayor. I move to suspend the rules and the second reading to number 49. Second. I have a motion and a second to suspend the rules. Give second reading to item 49. Any discussion? All in favor say aye. Aye. Opposed, no. Motion carries. Madam Clerk. Resolution 49 for second reading. A resolution amending section 2 of resolution number 547-2010, which created the standing committees of the Urban County Council to provide for an economic development and community development standing committee. Thank you, Council Member McCord. Thank you, Mayor. Request to have second reading on number 35. Do you hear a second? Second. I have a motion by Council Member McCord to give second reading to item number 35. Are there any others? All right. Those in favor of suspending the rules, please end up keeping us saying aye. Aye. Those opposed, no. Motion carries. Adam Clark. Resolution number 35 for second reading, a resolution authorizing the mayor on behalf of the Urban County Government to execute agreements with the University of Kentucky Research Foundation, $175, The Black Church Coalition of the Bluegrass Incorporated, $675. The Broke-Spoke Lexington Community Bike Shop Incorporated, $1,200. YMCA of Central Kentucky Incorporated, $750. Downtown Lexington Corporation Foundation, $1,500. Copperfield Neighborhood Association Incorporated, $1,100. For the Office of the Urban County Council, it costs not to exceed the sums stated. Thank you. The floor is now open for motion to approve Resolutions 29, 35, 42, 43, and 49. I have a motion by Councilmember Lawless, seconded by Councilmember McCord. Any discussion? All in favor, please proceed to vote aye electronically. Those opposed vote nay electronically. And Madam Clerk, please call the roll. Mr. Beard? Aye. Mr. Blues? Yes. Ms. Crosby? Mr. Ellinger? Yes. Ms. Gorton? Aye. Mr. Gray? Yes. Ms. Henson? Yes. Ms. James? Yes. Mr. Lane? Yes. Ms. Lawless? Yes. Mr. McCord? Yes. Mr. Martin? Yes. Mr. Myers? Yes. And Mr. Stennett? Thank you. Thank you. Those resolutions are approved. Madam Clerk? I do have the ordinance now. All right. Great. You'll get first. Remember what number it is. It's ordinance number 16 for first reading. An ordinance of many certain of the budgets of the Lexington-Payton-Urban County Government to reflect current requirements in the Division of Fire and Administration for funds in the amount of $3,000 from neighborhood development funds for training equipment for the training academy and appropriating and reappropriating funds, Schedule No. 82. Thank you. Item 9 on the agenda, I believe, is now timely. There are no motions. The communications are for information purposes only. Are there any announcements this evening? Are there any announcements? All right. Council Member Myers advises me that he has another motion to bring forward. So, Council Member Myers. Thank you, Mayor. I move to place on a docket for the Thursday, December 2, 2010, council meeting in ordinance amending certain of the budgets of LCCG to reflect current requirements for funds not more than $1,500 from neighborhood development funds in the Division of Fire and Emergency Services for an EMS bicycle and appropriating and reappropriating funds pursuant to Schedule 84. So moved. Second. I have a motion and second to suspend the rules for purposes of adding that item to the docket for this evening. Any discussion? All in favor, please indicate by saying aye. Opposed, no. Motion carries. Are we ready to proceed with the first reading of that item? Resolution number 7, or ordinance, excuse me, 17. An ordinance amending certain of the budgets of the Lexington-Faderman County Government to reflect current requirements for funds not more than $1,500 from neighborhood development funds in the Division of Fire and Emergency Services for an EMS bicycle and appropriating and reappropriating funds pursuant to Schedule number 84. All right. I think we are now down to the public comments section. Does anyone wish to address the council? Mr. McCarthy? If you'll step to the podium, you'll have three minutes. Okay. Your Honor and members of the council, you didn't cause what's got me most riled up today, but you might have a better shot than I would at influencing higher levels of government, so I will tell you this. A couple days ago in the Louisville Courier-Journal, there was an editorial that urged changes in the state's bullying law. Now, while the editor claimed this would be a strengthening of the law, the language that he proposed adding, I think, would be a weakening of the law. It seems to me that all bullying should be equally illegal, regardless of whether or not the victim happens to be a member of some special protected class of people. And under the 14th Amendment to the United States Constitution, we're all supposed to have something called equal protection of the law. In other words, whether a specific act is legal or illegal should not depend on the identity of the person who's doing it or the identity of the person to whom it gets done or how the perpetrator picks his victims either. And I say this because I got picked on a heck of a lot from first grade all the way through my last year of high school, all the different places I lived, and most of the people that picked on me were wearing the same color skin I was, and first grade through fifth grade, they were all even the same religion I was. And throughout this all, mostly the same gender I was and still am. So I just want to say that we need to keep laws structured so that they protect everybody, not just select groups. Thank you. I have now received a list and I understand that Ms. Brandenburg would like to address it. And Ms. Cooper? Cooper, you'll have three minutes. My name is Jamie Cooper. I live at 3600 Laredo Drive, and I work at the Division of Community Corrections. And I'm speaking to you tonight regarding the proposed abolition of the three civil service positions. As an alternative to terminating these employees, have you considered looking at the vacant positions throughout the city? There are numerous positions that have been vacant for a year and even longer. If we are looking at ways to save city money, perhaps the divisions could be asked to provide explanations as to why these positions remain in the budget, but there's no attempt to fill them, even when they've been vacant for a year or longer. And while looking at these vacant positions, ask this question, who's performing the duties of these positions while they are unfilled for an extended amount of time? It's just something that I'd like you to think about. And, you know, I don't want to point fingers at any divisions. I know being with the city for 19 years, there's certain reasons to hold on to positions, but we are in a budget crisis right now. Maybe it's time to look at eliminating some of those positions that haven't even been filled for a year or two or even more than two years. Thank you. Thank you. Does anyone else wish to address the council? All right. Chief, I understand you have a matter to bring to our attention. Yes, sir. Concerning, good evening, Mayor and members of the Council. Concerning firefighter Raleigh Brown, on the 27th of September, he allegedly was involved in an altercation between himself and another firefighter that had both verbal and a very minimal physical component to it as well. So the recommended discipline for that from the committee, from myself, and from the commissioner is a 72-hour suspension without pay from currently scheduled work hours and completion of the employee assistance program in which he is already enrolled. And I bear the signature of the employee, myself, and the commissioner. Second. I have a motion by Council Member Ellinger to accept the recommended discipline, a second by Council Member Gordon. Any discussion? All in favor, please say aye. Aye. Opposed, no. Motion carries. Thank you, Chief. Yes, sir. If there's nothing further, I understand, Council Member Gordon, you have a motion. Thank you, Mayor. I move that we go into closed session pursuant to KRS 61.810.1F for the purpose of discussions which might lead to the appointment or dismissal of an individual employee. I have a motion by Council Member Gordon, second by Council Member Ellinger. Any discussion? Those in favor of going into closed session for the specified purpose, please indicate by saying aye. I oppose no. Motion carries. Thank you. Thank you. It's on now. Okay. Would I like to, Chair, I'll entertain a motion to come out of closed session. Second. Council Member Martin has made the motion second by Council Member Ellinger. Is there any discussion? All in favor, please say aye. All opposed, no. All right. Council is now in open session. Is there a motion? Council Member Gordon. Thank you, Vice Mayor. I move to place on the docket an ordinance extending the term of employment for the Council Administrator for an additional two-year term corresponding to the terms of District Council Members. Second. There's a motion by Council Member Gorton and a second by Council Member Ellinger. Is there any discussion? Hearing none, take a vote. All in favor, please say aye. Aye. All opposed, no. Motion carries. Is there any further business? Oh, it's the clerk. Madam Clerk. First reading of Ordinance Number 19. Ordinance Number 19, an ordinance pursuant to Section 22-453 of the Code of Ordinances extending the term of employment for the council administrator for an additional two-year term corresponding with the terms of the district council members. Thank you, Madam Clerk. Any further business to come before the Council? Motion to adjourn. There is a motion to adjourn by Council Member Crosby and a second by Council Member Martin. All in favor, please say aye. Aye. All opposed, no. We are adjourned.