Go ahead and call the meeting to order if we could please. Madam Clerk, will you call the roll? Mr. Blues? Here. Ms. Crosby? Here. Mr. Ellinger? Here. Ms. Feigl? Ms. Gorton? Here. Mr. Gray? Ms. Henson? Here. Ms. James? Here. Mr. Lane? Here. Ms. Lawless? Here. Mr. Martin? Mr. McCord? Here. Mr. Myers? Mr. Stennett? And Mr. Beard? Present. Thank you. We have a quorum, so we will proceed. Tonight, in lieu of the invocation, I'd ask that we all rise in a moment of silence. And I would specifically ask that we remember our elected government and all in a position of power to govern wisely and for the common good of all. Please. Thank you. We have two sets of minutes from prior meetings to three sets, actually, from prior meetings to approve. I have a motion by Council Member Ellinger and a second by Council Member Crosby to approve those minutes. Any discussion? All in favor, please say aye. Opposed, no. The motion carries. Let me turn the podium over to Deputy Police Chief David Boggs, who has a few remarks and then a few presentations to make this evening. Good evening. Thank you for giving me just a couple minutes on the docket. I know you all are very busy this evening trying to wrap this out for the calendar year. One of the things I've been asked to do at the conclusion of the World Equestrian Games was make sure that we all participated in the debriefs and things that made sure that we learned everything we could from those successful events as they passed through our city. As part of that, what I asked you all to do as a council and the mayor to do was recognize a couple groups of people who were just instrumental in making the World Equestrian Games a success. The first of that is the Public Safety Steering Committee. For these games, we had well over 400,000 tickets sold and people passed through our community. And all layers of government, state, federal, and local, contributed individuals to form a task force of sorts to oversee these games and to try and make sure that the 40 different state, local, and federal agencies all had a combined and concentrated effort with no overlap. And the people that I bring before you this evening are those folks. There's just a small handful of people that gave just thousands of hours of their time, both on duty and off duty, that did an outstanding job. And I would appreciate it if you all would recognize them with me. In order to formalize your recognition, I have prepared a commemoration honoring the World Equestrian Games Public Safety Steering Committee for their planning and execution of the games. And let me just read that to you here quickly. Whereas the Public Safety Steering Committee was developed to coordinate, oversee, and implement all aspects of public safety planning for the 2010 Alltech FEI World Equestrian Games. And whereas in organizing the largest sporting event ever held in the state, Kentucky hosted the second largest sporting event in North America in 2010. And whereas 2010 marked the first time the World Equestrian Games had ever been held outside of Europe. And whereas the committee was comprised of Special Agent Mary Trautman from the FBI, Major Ricky Allen from the Kentucky State Police, Lieutenant Brian Bowling from the Kentucky State Police, Commander Boyce Wells from the Kentucky State Police, Kevin Taiyo from ESCO Security Consulting, General John W. Heltzel from the Kentucky National Guard, and Deputy Police Chief David Boggs from the Lexington Division of Police. And whereas each member of the steering committee dedicated significant time, energy, insight, and ability to planning for the games without regard for who would get credit or which agency held jurisdiction. And whereas this team successfully planned, coordinated, and executed these events involving over 40 federal, state, and local partners, ensuring the safety and enjoyment of the public during the World Equestrian Games. Now therefore, I, Jim Newberry, Mayor of the Lexington-Fayette Urban County Government, on behalf of all Fayette Countians, commemorate the members of the Public Safety Steering Committee who worked together to ensure public safety during the 2010 ALTEC-FEI World Equestrian Games. You may notice on that list was the fellow standing here to my immediate right. I have put at risk our relationship, which has been excellent over the years. Deputy Chief Boggs didn't want his name in this commemoration. Commissioner Tim Bennett recommended that he be included as he appropriately should have been, and I readily agreed with that. And I think in his remarks, Chief Boggs did a nice job of reflecting the great work that the folks who are here with us tonight did. But I want everybody to know David Boggs played a key role in that whole exercise. And to Chief and to all of our guests who are here, thank you very, very much for all you've done. Thank you. Thank you. Thank you. Let me read it. We've got a second commemoration that I'm going to be brief with, but it's as special as the first one in my mind. One of the things that we don't get to do very often sometimes is thank partners who bring more to the table than we ever expect. The Federal Bureau of Investigation made things available to our community during this 17-day event that most of us really can't even talk about on television because it's just the things that protect our community in the background. And we don't often get to thank them. Usually they're one of our law enforcement partners like us that get to come in only when they need to when things are bad. But in this case, they brought literally hundreds of thousands of dollars worth of assets into our community, things that we could not have replicated on the local level. And they opened up intelligence sharing, interagency agreements that allowed us to do things that we would not have otherwise been able to do as a city or as a state. And for that, we want to thank the FBI. We have a little separate commemoration for our friends from the FBI, so let me read that to you as well. Whereas the Federal Bureau of Investigation was the lead federal agency designated for security during the 2010 ALTAC-FEI World Equestrian Games, and whereas this event was the largest sporting event ever held in the state of Kentucky and the second largest sporting event in North America in 2010, the FBI was the only agency designated and the second largest sporting event in North America in 2010. And whereas 2010 marked the first time the World Equestrian Games had ever been held outside of Europe, and whereas Elizabeth Fries, Special Agent in Charge, and Audra Cholokur, Special Supervisory Senior Resident Agent, had leadership responsibility for federal assets and partnerships deployed during the games, and whereas each of these individuals not only allowed but encouraged significant sharing of intelligence information resources and multi-jurisdictional utilization of command centers, and whereas this partnership and open attitude not only saved the taxpayers significant resources and funding, it greatly enhanced the safety and enjoyment of the public during the World Equestrian Games. Now, therefore, I, Jim Newberry, Mayor of the Lexington-Fayette-Urban County Government, on behalf of all Fayette Countians, commemorate Elizabeth A. Fries and Audra T. Cholokur, who, as representatives of the Federal Bureau of Investigation, worked closely with local partners to ensure public safety during the 2010 Alltech FEI World Equestrian Games. Thank you very much for all of your help. Thank you. Thank you. I think we are now ready for the reading of the ordinances entitled to second reading, so Madam Clerk, if you will bring those for us. Ordinance number one, an ordinance authorizing and directing the Mayor, on behalf of the Urban County Government, to accept a grant from the Kentucky Department of Military Affairs, Kentucky Emergency Management Agency, which grant funds are in the amount of $1,274,959 Federal funds and $203,993 Commonwealth of Kentucky funds, are for purchase and demolition of nine residential properties on Lone Oak Drive, South Bend Drive, and Lafayette Parkway, the acceptance of which 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 two, an ordinance amending Section 21-5-2 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 22-5-2 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 No. 73. Number three, an ordinance authorizing and directing the Mayor, on behalf of the Urban County Government, to execute a lease agreement with Windmar Corporation for office space located at 125 Lyle Industrial Road for the 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. Number four, 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. Number five, an ordinance expanding and extending the Full Urban Services District No. 1 to provide street lighting, street cleaning, and garbage and refuse collection to include the area defined as certain properties on the following streets, Georgetown Street, Goodpasture Way, Lakewood Drive, McConnell's Trace, New River Place, Orchard Grass Road, Patchen Wilkes Drive, Polkberry Park, Polo Club Boulevard, Polo Club Lane, Rain Garden Way, Real Quiet Lane, Sand Lake Drive, Sewanee Lane, Shaker Run Circle, Sorrel Way, Sunningdale Drive, Sweet Clover Lane, Tollgate Road, and Atwood Drive. Number six, an ordinance expanding and extending Partial Urban Services District No. 3 for the Urban County Government for the provision of garbage and refuse collection to include the area defined as certain properties on the following streets, Bracktown Road, Bradley Lane, Leestown Road, Standish Way, and Winston Avenue. Number seven, an ordinance expanding and extending Partial Urban Services District No. 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, Bellwood Drive, Potomac Drive, Spring Hill Drive, Sweetbriar Circle, and Worchester Road. Number eight, an ordinance extending the term of 4-1 position in the Division of Parks and Recreation and 2 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 No. 81. Number nine, an ordinance amending certain of the budgets of the Lexington-Fayette-Urban County Government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds, Schedule No. 75. Number ten, an ordinance amending certain of the budgets of the Lexington-Fayette-Urban County Government to reflect current requirements for funds and the amount of $3,525 from Neighborhood Development Funds and 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 No. 79. Number eleven, an ordinance pursuant to Section 2-1A of the Code of Ordinances of the Lexington-Fayette-Urban County Government adopting a schedule of meetings for the calendar year 2011. Number twelve, an ordinance amending certain of the budgets of the Lexington-Fayette-Urban County Government to reflect current requirements in the Division of Fire 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. Number thirteen, an ordinance amending certain of the budgets of the Lexington-Fayette-Urban County Government to reflect current requirements for funds in the amount of $1,500 from Neighborhood Development Funds and the Division of Fire and Emergency Services for purchase of an EMS bicycle and appropriating and reappropriating funds, Schedule No. 84. And number fourteen, an ordinance pursuant to Section 22-45.3 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. Do I hear a motion to approve those ordinances? Move approval. I have a motion by Council Member Gorton, a second by Council Member Blues to approve those ordinances. Is there any discussion? All in favor of them, please indicate by voting aye electronically. Those opposed, vote nay electronically. Madam Clerk, please call the roll. Mr. Blues? Yes. Ms. Crosby? Yes. Mr. Ellinger? Yes. Ms. Feigl? Yes. Ms. Gorton? Aye. Mr. Gray? Yes. Ms. Henson? Yes. Ms. James? Yes. Mr. Lane? Yes. Ms. Lawless? Yes. Mr. McCord? Yes. Mr. Stennett? Yes, ma'am. We are ready for the ordinances entitled to first reading. Madam Clerk? Ordinance number 15, an ordinance deleting Article 20 and amending Article 5, 8, 21, 23, and 26 of the zoning ordinance and amending Articles 4, 5, and 6 of the subdivision regulations, all relating to stormwater and erosion control. Number 16, an ordinance changing the zone from a neighborhood business zone to a planned shopping center B6P zone for 7.0652 nets, 7.8076 gross acres for property located at 3151 Maple Leaf Drive, Carmike Cinemas Incorporated. Number 17, an ordinance changing the zone from a two-family residential R2 zone to a planned neighborhood residential R3 zone for 0.1722 net, 0.2996 gross acre for property located at 578 Woodland Avenue and 505 Columbia Avenue, subject to certain use restrictions imposed as conditions of granting the zone change in conjunction with a conditional use permit and dimensional variance by Gamma Delta House Corporation. Number 18, an ordinance authorizing and directing the mayor on behalf of the urban county government to accept a grant from the Kentucky Justice and Public Safety Cabinet, which grant funds are in the amount of $6,000 federal funds offered the Domestic Violence Prevention Board for printing informational materials for victims of domestic violence, the acceptance of which does not obligate the urban county government for the expenditure of funds, appropriating funds pursuant to schedule number 76 and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 19, an ordinance authorizing and directing the mayor on behalf of the urban county government to accept a grant from the U.S. Department of Justice, which grant funds are in the amount of $41,057.20 federal funds are for the purchase of bulletproof vests for the Division of Police, which grant funds are in the amount of $37,387.00 and the office of the Fayette County Sheriff $3,670.00, the acceptance of which obligates the urban county government for the expenditure of $37,387.00 as a local match, appropriating funds pursuant to schedule number 77 and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 20, an ordinance amending certain of the budgets of the Lexington-Payton County government to reflect current requirements for funds in the amount of $116,236.74 for payment from Great American Insurance Company due to contractor bond default and appropriating and reappropriating funds schedule number 78. Number 21, an ordinance amending section 21-5-2 of the Code of Ordinances creating two positions of telecommunicator supervisor senior grade 117E and abolishing two positions of telecommunicator supervisor grade 116E and appropriating funds pursuant to schedule number 80. And number 22, an ordinance amending section 21-14, 22-13, 22-53.1 and 23-18 of the Code of Ordinances to provide that prior to making any classified civil service appointments or appointments to the police or fire academy, the urban county council shall ratify the appointments and authorize the appointing authority to make conditional offers, providing that no employee shall be subject to a physical or medical examination or drug screening, if applicable, until after a conditional offer has been made and accepted and providing that if an employee passes his physical examination or medical examination or drug screening, if applicable, he may begin his probationary period. Thank you. If there are no motions with regard to Council Member Crosby. Mayor, I'd like to suspend the rules and get a second reading on number 16. I believe this project is ready to go and they'd like to start moving on it and we don't have to have a public hearing, so thank you. I have a motion and a second to suspend the rules for purposes of giving a second reading to item number 16. Any others? All those in favor of suspending the rules for that purpose, please indicate by saying aye. Opposed, no. Let's vote electronically. Those in favor of suspending the rules, which requires a two-thirds vote, please indicate by voting aye electronically. Those opposed, vote no. Have all Council Members voted? I'll ask the parliamentarian whether it requires two-thirds of the total membership or two-thirds of those present in voting. Of the total present? Council rule says present, but we've always went by membership. And it's a moot point since it now has 10 votes. Motion is approved. Madam Clerk, would you give second reading to number 16? Ordinance number 16 for second reading. An ordinance changing the zone from a neighborhood business B-1 zone to a planned shopping center B-6B zone for 7.0652 net, 7.8076 gross acres for property located at 3151 Maple Leaf Drive, Carmike Cinemas, Incorporated. Council Member James. Thank you, Mayor. I've had a request from the administration to get second read on number 22. We'll entertain that as a motion to that effect. Thank you. Do I hear a second? Thank you. Second by Council Member Blues. All in favor of suspending the rules for purposes of giving second reading to item number 22, please indicate by saying aye. Aye. Opposed, no. Motion carries. Madam Clerk. Ordinance number 22 for second reading. An ordinance amending Sections 21-14, 22-13, 22-53.1, and 23-18 of the Code of Ordinances to provide that prior to making any classified civil service appointments to the police or fire academy, the Urban County Council shall ratify the appointments and authorize the appointing authority to make conditional offers, providing that no employee shall be subject to a physical or medical examination or drug screening, if applicable, until after a conditional offer has been made and accepted, and providing that if an employee passes his physical examination or medical examination or drug screening, if applicable, he may begin his probationary period. Do I hear a motion to approve items 16 and 22? Second. I have a motion by Council Member Ellinger, second by Council Member Crosby. All in favor, please indicate by voting aye electronically. All opposed, vote nay electronically. And Madam Clerk, please call the roll. Mr. Blues? Yes. Ms. Crosby? Yes. Mr. Ellinger? Yes. Ms. Martin? Aye. Mr. Gray? Ms. Henson? Yes. Ms. James? Yes. Mr. Lane? Yes. Ms. Lawless? Yes. Mr. McCord? Yes. Mr. Stennett? Aye. And Mr. Beard? Aye. And Mr. Gray, would you like to? Yes. Thank you. Thank you. Those ordinances are approved. We're now ready for resolutions entitled to second reading. Madam Clerk. Resolution number one, 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 University of Kentucky Research Foundation in the amount of $113,375. Number two, 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 Clausing Group, Incorporated in the amount of $321,576.48. Number three, 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 Sanford E. Levy LLC in an amount of $2,600. Number four, 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 five, 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, Incorporated in the amount of $107,868. Number six, 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, Incorporated in the amount of $189,090. Number seven, 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 eight, 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 Ronald McDonald House Charities of the Bluegrass, Incorporated in the amount of $201,285. Number nine, 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 WLEX Communications, LLC in the amount of $115,869.06. Number ten, a resolution authorizing the Mayor on behalf of the Urban County Government to execute a license application order form and 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 FY2011. Number 11, 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 with propane conversion kits, installation of a propane fueling station on Old Frankfurt Pike, and purchase of new propane-powered vehicles. Number 12, a resolution approving the granting of an inducement to NGIMAT LLC pursuant to the Kentucky Business Investment Act created by House Bill 3 of the 2009 Extraordinary Legislative Session, whereby Lexington-Fayette-Urban County Government agrees to forego the collection of the 1 percent of the occupational license fees that would otherwise be due to it, which shall be retained by NGIMAT 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 NGIMAT LLC has with the Kentucky Economic Development Finance Authority related to the project and taking other related action. Number 13, a resolution approving the granting of an inducement to Illinois Tool Works Incorporated pursuant to the Kentucky Business Investment Act created by House Bill 3 of the 2009 Extraordinary Legislative Session, whereby Lexington-Fayette-Urban County Government agrees to forego the collection of the 1 percent of the occupational license fees that would otherwise be due to it, which shall be retained by Illinois Tool Works Incorporated for a term of not longer than 10 years from the activation date established by the Kentucky Business Investment Program subject to the limitations contained in the Kentucky Business Investment Act and any agreement Illinois Tool Works Incorporated has with the Kentucky Economic Development Finance Authority related to the project and taking other related action. Number 14, a resolution approving the granting of an inducement to Ascent Technologies LLC pursuant to the Kentucky Business Investment Act created by House Bill 3 of the 2009 Extraordinary Legislative Session, whereby Lexington-Fayette-Urban County Government agrees to forego the collection of the 1 percent of the occupational license fees that would otherwise be due to it, which shall be retained by Ascent Technologies LLC 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 Ascent Technologies LLC has with the Kentucky Economic Development Finance Authority related to the project and taking other related action. Number 15, a resolution authorizing the granting of an inducement to NTSG Incorporated pursuant to the Kentucky Business Investment Act created by House Bill 3 of the 2009 Extraordinary Legislative Session, whereby Lexington-Fayette-Urban County Government agrees to forego the collection of the 1 percent of the occupational license 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 has with the Kentucky Economic Development Finance Authority related to the project and taking other related action. Number 16, 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-Fayette-Urban County Government agrees to forego the collection of the 1 percent of the occupational license fees that would otherwise be due to it, which shall be retained by Galmont Consulting LLC 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 Galmont Consulting LLC has with the Kentucky Economic Development Finance Authority related to the project and taking other related action. Number 17, a resolution authorizing the Mayor on behalf of the Urban County Government to execute a memorandum of understanding with Kentucky Cabinet for Health and Family Services for information sharing at no cost to the Urban County Government. Number 18, 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 19, a resolution authorizing the Mayor on behalf of the Urban County Government to execute a facility usage contract with the Fayette County Board of Education for use of Windburn Middle School Gymnasium for an after-school program at a cost not to exceed $7,340.85. Number 20, a resolution authorizing the Mayor on behalf of the Urban County Government to execute an agreement with the Kentucky Department of Fish and Wildlife Resources for recreational fishing on Heisel Park Ponds. Number 21, a resolution authorizing the Mayor on behalf of the Urban County Government to execute change order number one to the contract with Tennis Technology Incorporated for Shillitoke or Clevington Tennis, increasing the contract price by the sum of $1,395 from $113,653 to $115,048. Number 22, 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 the future years. Number 23, a resolution authorizing the Mayor on behalf of the Urban County Government to execute change order number one to the contract with Woodall Construction for Lexington Streetscape Phase 1 Improvements Main Street Streetscape Project, increasing the contract price by the sum of $42,913.07 from $2,603,629.38 to $2,646,542.45. Number 24, a resolution accepting the response of BTM Engineering Incorporated on 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 number 44-2010. Number 25, a resolution authorizing the Mayor on behalf of the Urban County Government to execute change order number one 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 26, a resolution authorizing the Mayor on behalf of the Urban County Government to execute change order number one to the contract with Arrow Electric Company for Conduit Installation on Sir 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 27, a resolution authorizing the Mayor on behalf of the Urban 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. Number 28, a resolution of the Lexington State 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. Number 29, 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 30, a resolution accepting the bids of Giles Farm Equipment and Montgomery Tractor Sales Incorporated establishing price contracts for supplemental tractor parts and accessories for the Division of Facilities and Fleet Management. Thirty-one, 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 32, a resolution accepting the bid of Grants Excavating Incorporated in the amount of $173,000 for the Griffin Gate No. 2 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. Do I hear a motion to approve those resolutions? Second. I have a motion by Council Member Blues, second by Council Member Gordon to approve the resolutions receiving second reading. Any discussion? All in favor, please indicate your approval of those resolutions by voting aye electronically. Those opposed, vote nay electronically. Madam Clerk, please call the roll. Mr. Blues? Yes. Ms. Crosby? Yes. Mr. Ellinger? Yes. Ms. Feigl? Yes. Ms. Gorton? Aye. Mr. Gray? Yes. Ms. Henson? Yes. Ms. James? Yes. Mr. Lane? Yes. Ms. Lawless? Yes. Mr. McLeod? Aye. Ms. Weird? Aye. Thanks. Those resolutions are approved. We're now ready for the reading of resolutions entitled to first reading. Madam Clerk. Resolution number 33. A resolution accepting the bid of Amtec establishing a price contract for maintenance and repair of outdoor warning sirens for the Division of Fire and Emergency Management that, I'm sorry, the Division of Emergency Management 911. Number 34. A resolution accepting the bid of Pierce Manufacturing in the amount of $879,000. Madam Clerk? Aye. Ms. Weird? Aye. Ms. Gorton? Aye. Ms. Henson? Aye. Ms. Gordon? Aye. Ms. Weird? Aye. Ms. Gordon? Aye. Ms. Henson? Aye. The total amount, Madam Clerk, would be the amount of $879,898 for two triple combination pumpers for the Division of Fire and Emergency Services. Number 35. A resolution ratified in the Appropriation Section of the Civil Service appointments of Pamela Proctor, accountant, grade 113E 1609-44 bi-weekly in the Division of Accounting effective December 13th, 2010. Craig Binz, Administrative Officer, grade 118E 2061-28 bi-weekly in the Division of Youth Services effective December 20th, 2010. Deborah Powell, Life Skills Program Instructor, grade 110E 1217-04 bi-weekly in the Division of Community Corrections effective December 13th, 2010. Anessa Snowden, Senior Adult and Therapeutic Recreation Services Administrator, grade 116E 1858-96 bi-weekly in the Division of Parks and Recreation effective December 13th, 2010. John Taylor, Equipment Operator Senior, grade 109N 13.524-hourly in the Division of Waste Management effective December 13th, 2010. Richard Dickerson, Equipment Operator Senior, grade 109N 17.541-hourly in the Division of Waste Management effective December 13th, 2010. Nelson Wright, Vehicle and Equipment Mechanic, grade 110N 19.5-hourly in the Division of Streets, Roads, and Forestry effective November 29th, 2010. Janice Warren, Appointment of Chad Taylor, Fire Lieutenant, grade 315N 17.786-hourly in the Division of Fire and Emergency Services effective November 10th, 2010. Approving the Permanent Civil Service Appointment of Robert Meyer, Skilled Trades Worker Senior, grade 112N in the Division of Facility and Fleet Management effective October 12th, 2010. Brian Barrow, Director of Budgeting, grade 122E in the Division of Budgeting effective November 9th, 2010. Approving the Unclassified Civil Service Appointment of Thomas Johnson, Equipment Operator Senior, part-time, grade 109N 17.631-hourly in the Division of Family Services effective December 6th, 2010. Number 36, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an assistance amendment with the Environmental Protection Agency reducing the amount of cost share required by the Urban County Government for the South Elkhorn Pump Station Project. Number 37, a resolution authorizing the Mayor on behalf of the Urban County Government to accept a donation from Radiant Networks Services, Incorporated of Professional Services and Equipment for installation of the Public Safety Network for the use at the Division of Police at no cost to the Urban County Government. Number 38, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an agreement with the Kentucky Office of Homeland Security for extension of the Metropolitan Medical Response System MMRS Project through June 30th, 2011 at no cost to the Urban County Government. Number 39, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an agreement with Crestwood Christian Church for the use of the Mission Center for the Meeting the Challenges and Opportunities of Aging Conference at no cost to the Urban County Government. Madam Clerk, if I could interrupt for a moment, I believe Councilmember McCord has an amendment to item 40. Thank you, Mayor. I just want to add an additional NDF. So I'll make a motion to amend number 40 to include $1,000 even to Dixie Elementary Magnet School PTA, please. So moved. I have a motion by Councilmember McCord, seconded by Councilmember Crosby. Any discussion on that amendment? Councilmember James? I just have another amendment after that. It's not on this. On number 40? I mean, I have another, yes, on number 40. Can I add at this time? You can. I have a motion to amend the amendment. Yeah, please. If it's okay. I'd like to amend it to also include the NDF for the Children's Law Center Lexington office in the amount of $625. I have a second to that amendment to Councilmember McCord's amendment. Any discussion on Councilmember James' motion to amend the amendment? All in favor, please indicate by saying aye. Opposed, no. Motion carries. We are now ready to vote on the amendment as amended. Those in favor of adding those two entities to the list, please indicate by saying aye. Opposed, no. Motion carries. Madam Clerk, when you are ready, if you would proceed. Councilmember James? It is $625. I'm sorry for the confusion, Mayor. That's not a problem. Okay number 40 as amended. A resolution authorizing the Mayor on behalf of the Urban County Government to execute agreements with Lansdale Neighborhood Association Incorporated, $960. One World Film Incorporated, $850. Fully Impaired Preschooler Services of Greater Louisville Incorporated, $1,050. The Salvation Army, $950. Fraternal Order of Firefighters of Lexington Fire Department Incorporated, $1,525. Dixie Elementary Magnet School PTA, $1,000. And Children's Law Center Lexington office, $625. For the Office of the Urban County Council, at a cost not to exceed the sums stated. Number 41, a resolution approving pursuant to KRS 62.055 in section 22-55.1 of the Code of Ordinances with the bond with surety of Stephen Hamlin, Constable, 3rd District in the amount of $10,000 and directing the Department of Law to record the bond with surety along with a certified copy of this resolution in the Office of the Fayette County Clerk. Number 42, a resolution accepting the Responsive Equipment Simulations LLC to RFP No. 39-2010 to provide software and related services for the Division of Fire and Emergency Services and authorizing the Mayor on behalf of the Urban County Government to execute any necessary agreements or documents related to the software and services at a cost not to exceed $32,950 in FY 2011 with annual maintenance for future years subject to sufficient funds being appropriated. Number 43, a resolution authorizing the Mayor on behalf of the Urban County Government to execute change order No. 1 final to the contract with LM Asphalt Partners Limited doing business as ATS Construction for Bluegrass-Aspindale Collector Street Phase 3 project reducing the contract price by the sum of $70,938.66 from $839,172.32 to $768,233.66. Number 44, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an Expansion Area Development Exaction Agreement with North 40 Properties LLC for system improvements related to the Clark Property Development and Expansion Area 2A including construction of a sanitary sewer trunk line and dedication of 0.58 acre of non-floodplain greenway at no cost to the Urban County Government. Number 45, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an Expansion Area Development Exaction Agreement with Silver Oaks Real Estate Investments Incorporated for system improvements related to the Hamburg Place Development and Expansion Area 2A involving stormwater management facilities at no cost to the Urban County Government. Number 46, 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 Mill Creek Elementary Gymnasium for parks, athletics, basketball at a cost not to exceed $4,738.24. Number 47, a resolution authorizing the Mayor on behalf of the Urban County Government to execute change order number 2 final to the contract with Team Contracting LLC for Town Branch Primary Affluent Pump Replacement Project for the Division of Water Quality increasing the contract price by the sum of $16,674.85 from $1,528,102 to $1,544,866.85. Number 48, a resolution authorizing the Mayor on behalf of the Urban County Government to execute a confidentiality agreement with Paladin Incorporated and Blue Grass Pride related to the implementation of the Energizing the Arts program under the Energy Efficiency and Conservation Block Grant at no cost to the Urban County Government. Number 49, a resolution authorizing the Mayor on behalf of the Urban County Government to execute a tender agreement with Great American Insurance Company to provide funds in the amount of $116,236.74 for the completion of the Town Branch Primary Affluent Pump Replacement Project by Triplett Striping Incorporated for the Division of Water Quality pursuant to the terms of the performance bond for the project. Number 50, a resolution authorizing the Mayor on behalf of the Urban County Government to execute an agreement with of the Urban County Government to execute an agreement with Team Contracting LLC and Triplet Striping Incorporated assigning the agreement for performance of the remaining work on the Town Branch Primary Effluent Pump Replacement Project and Change Order No. 1 to Triplet Striping Incorporated for the Division of Water Quality at a cost not to exceed $686,412. No. 51, a resolution amending Section 1 of Resolution No. 615-2010 correcting typographical errors effective retroactive to November 18, 2010. And No. 52, a resolution authorizing and directing the Division of Traffic Engineering, pursuant to Code of Ordinances Section 18-86, to install multi-way stop controls at the intersection of Ridgeview Way and Still Creek Way. Thank you. I understand there are several items where we need a second reading tonight, so Council Member Gorton, we'll start with you. Thank you, Mayor. I move to suspend the rules to give second reading. Oh, you have a walk-on. I'm sorry, Council Member Lange. That's all right. Excuse me, Council Member. I have a walk-on. I move to place on the docket a resolution authorizing the Mayor, on behalf of the Urban County Government, to execute Change Order No. 2 Final to the contract with LM Asphalt Partners Limited DBA ATS Construction for the Lexington Streetscape Phase 1 South Limestone Project, reducing the contract price by the sum of $367,437.62 from $13,167,010.78 to $12,799,573.16. So moved. I have a motion by Council Member Lange, seconded by Council Member McCord to add that item to the docket. Any discussion? All in favor of adding that item to the docket, please indicate by saying aye. Opposed, no. Motion carries. Madam Clerk. Resolution No. 53, a resolution authorizing the Mayor, on behalf of the Urban County Government, to execute Change Order No. 2 Final to the contract with LM Asphalt Partners Limited Doing Business as ATS Construction for the Lexington Streetscape Phase 1 South Limestone Project, reducing the contract price by the sum of $367,437.62 from $13,167,010.78 to $12,799,573.16. Thank you. Council Member Crosby. Well, if Council Member Gordon wants to go before me, I think it got messed up. Do you care? Okay. I'd like to, at the request of the Administration, I'd like to make a motion to suspend the rules on No. 34, and then I would also like to ask to suspend the rules on No. 52. I have a motion to suspend the rules. Do I hear a second? Second. All right. Are there others? Council Member Gordon. Council Member Gordon. Yes, Mayor. I'm being encouraged by my colleagues to move to suspend the rules to give everything second reading so that it will be done before our break. All right. That motion is non-debatable, so those in favor of suspending the rules for purposes of giving second reading to all items, please indicate by saying aye. Aye. Those no. Motion carries. Yeah, I have a, where appropriate, this may not be appropriate, but it may be appropriate since we're going to give second reads. I want to discuss the meeting with the Personnel Cabinet related to the health care, the health care problems that we have in terms of our budget, and to recommend that we retain the services of a consultant immediately to, for the government. So I can explain that now. Would this be appropriate time? I think the appropriate time would be after we go ahead and give second reading to these items, and get those items resolved, and then we'll come back and we can move to add another item to the docket if that's your desire. All right. Adam Clerk. Well, we might, yeah, we want to give second read on this, we can just get on this one also. This one really, in my view, it needs attention immediately, so we could just come back to it. All right. Okay. We'll take that up. Do we have something in writing for the Clerk or for Council to review? Why don't we go ahead and be doing that while we're going through the second reading. Madam Clerk. Resolution number 33 for second reading. A resolution accepting the bid of Amtech establishing a price contract for maintenance and repair of outdoor warning sirens for the Division of Emergency Management 9-1-1. Number 34. Resolution accepting the bid of Pierce Manufacturing in the amount of $879,898 for two triple combination pumpers for the Division of Fire and Emergency Services. Number 35. A resolution ratifying the probationary civil service appointments of Pamela Proctor, accountant, grade 113E-1609, 44 bi-weekly in the Division of Accounting, effective December 13, 2010. Craig Benz, Administrative Officer, grade 118E-2061, 28 bi-weekly in the Division of Youth Services, effective December 20, 2010. Deborah Powell, Life Skills Program Instructor, grade 110E-10217, 04 bi-weekly in the Division of Community Corrections, effective December 13, 2010. Anessa Snowden, Senior Adult and Therapeutic Recreation Supervisors, excuse me, Recreation Services Administrator, grade 116E-10858, 96 bi-weekly in the Division of Parks and Recreation, effective December 13, 2010. John Taylor, Equipment Operator Senior, grade 109N, 13.524, hourly in the Division of Waste Management, effective December 13, 2010. Richard Dickerson, Equipment Operator Senior, grade 109N, 17.541, hourly in the Division of Waste Management, effective December 13, 2010. Nelson Wright, Vehicle and Equipment Mechanic, grade 110N, 19.50, hourly in the Division of Streets, Roads, and Forestry, effective November 29, 2010, ratifying the probationary sworn appointment of Chad Taylor, Fire Lieutenant, grade 315N, 17.786, hourly in the Division of Fire and Emergency Services, effective November 10, 2010, approving the permanent civil service appointments of Robert Meyer, Skilled Trade Worker Senior, grade 112N, in the Division of Facility and Fleet Management, effective October 12, 2010. Ryan Barrow, Director of Budgeting, grade 122E, in the Division of Budgeting, effective November 9, 2010, approving the unclassified civil service appointment of Thomas Johnson, Equipment Operator Senior, part-time, grade 109N, 17.631, hourly in the Division of Family Services, effective October, excuse me, December 6, 2010. Number 36, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an assistance amendment with the Environmental Protection Agency reducing the amount of cost shared required by, of the Urban County Government for the South Elkhorn Pump Station project. Number 37, a resolution authorizing the Mayor on behalf of the Urban County Government to accept a donation from Radiant Network Services Incorporated of Professional Services and Equipment for installation of the Public Safety Network for the use of the Division of Police at no cost to the Urban County Government. Number 38, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an agreement with the Kentucky Office of Homeland Security for extension of the Metropolitan Medical Response System project through June 30, 2011 at no cost to the Urban County Government. Number 39, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an agreement with Crestwood Christian Church for use of the Mission Center for the meeting of the Challenges and Opportunities of Aging Conference at no cost to the Urban County Government. Number 40, a resolution authorizing the Mayor on behalf of the Urban County Government to execute agreements with Lansdowne Neighborhood Association Incorporated, $960, One World Family Incorporated, $850, Visually Impaired Preschoolers Services of Greater Louisville Incorporated, $1,050, The Salvation Army, $950, Fraternal Order of Firefighters of Lexington Fire Department Incorporated, $1,525, Dixie Elementary Magnet School PTA, $1,000, and Children's Law Center Lexington Office, $625 for the Office of the Urban County Council at a cost not to exceed the sums stated. Number 41, a resolution approving pursuant to KRS 62.055 and Section 22-55.1 of the Code of Ordinances, the bond with surety of Stephen Hamlin, Constable, 3rd District in the amount of $10,000 and directing the Department of Law to record the bond with surety along with a certified copy of this resolution in the Office of the Fayette County Clerk. Number 42, a resolution accepting the response of Equipment Simulations LLC to RFP No. 39-2010 to provide software and related services for the Division of Fire and Emergency Services in authorizing the Mayor on behalf of the Urban County Government to execute any necessary agreements or documents related to the software and services at a cost not to exceed $32,950 in FY 2011 with annual maintenance for future years subject to sufficient funds being appropriated. Number 43, 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 LM Asphalt Partners Limited due in business as ATS Construction for Bluegrass-Aspendale Collector Street Phase 3 Project, reducing the contract price by the sum of $70,938.66 from $839,172.32 to $768,233.66. Number 44, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an Expansion Area Development Acts Action Agreement with North 40 Properties LLC for system improvements related to the Clark Property Development and Expansion Area 2A, including construction of a sanitary sewer trunk line and dedication of 0.58 acres of non-floodplain greenway at no cost to the Urban County Government. Number 45, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an Expansion Area Development Acts Action Agreement with Silver Oaks Real Estate Investments, Inc. for system improvements related to the Hamburg Place Development and Expansion Area 2A involving stormwater management facilities at no cost to the Urban County Government. Number 46, 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 Mill Creek Elementary Gymnasium for Parks Athletic Basketball at a cost not to exceed $4,738.24. Number 47, a resolution authorizing the Mayor on behalf of the Urban County Government to execute change order number two final to the contract with team contracting LLC for Town Branch Primary Fluid Pump Replacement Project for the Division of Water Quality increasing the contract price by the sum of $16,674.85 from $1,528,102 to $1,544,866.85. Number 48, a resolution authorizing the Mayor on behalf of the Urban County Government to execute a confidentiality agreement with Bladen Incorporated and Blue Grass Pride related to the implementation of the Energizing the Arts Program under the Energy Efficiency and Conservation Block Grant at no cost to the Urban County Government. Number 49, a resolution authorizing the Mayor on behalf of the Urban County Government to execute a tender agreement with Great American Insurance Company to provide funds in the amount of $116,236.74 for completion of the Town Branch Primary Fluid Pump Replacement Project by Triplet Striping Incorporated for the Division of Water Quality pursuant to the terms of the performance bond for the project. Number 50, a resolution authorizing the Mayor on behalf of the Urban County Government to execute agreement with team contracting LLC and Triplet Striping Incorporated assigning the agreement for performance of the remaining work on the Town Branch Primary Fluid Pump Replacement Project and change order number one to Triplet Striping Incorporated for the Division of Water Quality at a cost not to exceed $686,412. Number 51, a resolution amending section one of resolution number 615-2010, correcting typographical errors effective retroactive to November 18, 2010. Number 52, a resolution authorizing and directing the Division of Traffic Engineering pursuant to code of ordinances sections 18-86 to install multi-way stop controls at the intersection of Ridge View Way and Steel Creek Way. And number 53, a resolution authorizing the Mayor on behalf of the Urban County Government to execute change order number two final to the contract with LM Asphalt Partners Limited doing business as ATS Construction for the Lexington Streetscape Phase 1 South Limestone Project reducing the contract price by the sum of $367,437.62 from $13,167,010.78 to $12,799,573.16. I heard a motion to approve from someone, but Council Member James, seconded by Council Member Crosby. Any discussion on those motions? All then in favor of approving those resolutions, please indicate by voting aye electronically. Those opposed vote nay electronically. And Madam Clerk, please call the roll. Mr. Blues. Ms. Crosby. Mr. Ellinger. Ms. Feigl. Ms. Gorton. Aye. Mr. Gray. Aye. What was the last resolution, reducing South Limestone? What was that number? It's 53. Okay. I'm going to abstain from that one. I have questions about it. Yes on the rest. All right, then the record will denote your abstention. Ms. Henson. Yes. Ms. James. Mr. Lane. Yes. Ms. Lawless. Yes. Mr. McCord. Yes. Mr. Stennett. And Mr. Beard. Aye. Thank you. Thank you. Those resolutions are adopted. Vice Mayor Gray, do you have a motion to walk on an item? Yes. Let me put it in context, please. Thank you, Mayor. On Tuesday morning, Tuesday morning of this week, I participated in a meeting with the State Personnel Cabinet representatives, the Commissioner, the Secretary of Personnel, the Secretary of the Personnel Cabinet, Tim Longmire, the General Counsel for the Personnel Cabinet, Joe Cowles, and the Commissioner for Employee Insurance, Fred Nelson. Councilmember Gorton also joined me in this meeting. Councilmember Stennett was invited. Councilmember Lane was invited and couldn't make it. Representatives from the administration, including including Leslie Jarvis and Bill O'Meara, attended. A consultant who I invited to join Benefits Actuaries from Lexington joined in the meeting. Have I forgotten anybody? Linda. And our Budget Director, Ryan Barrow, joined in the meeting. The purpose of the meeting was to examine, at the invitation of the Personnel Cabinet, we were invited to hear the state's, Kentucky's program or plan for health care. And then for them to share with us their their overview, their examination at a very cursory, at a very treetops, above treetops level, our condition. Councilmember Gorton and I were only able to stay for an hour. However, the report following that meeting, which I received, I should have also mentioned that I asked also to join, was Richard Maloney and Jamie Emmons. The report, which I received following the meeting, was that after examining our condition today and engaging in conversation with Leslie Jarvis, with Ryan, with Bill, the recommendation from the state was that Lexington immediately engage the services of consultants to help us through this process, including, including consult benefits consultants and actuarial consultants and attorneys who are familiar with this area. They cast our condition as an emergency condition based on the percentage of shortfall that we have estimated. They actually, they said based on, if they were to take the same ratio and apply it at the state level, it would be a shortfall of an order of magnitude could be up to $200 million at the state level. Our $7 million numbers. So with that in mind, and with in mind that we are going into a break, my encouragement through this motion is that we get this moving, that we don't wait. And that's what Leslie Jarvis was saying that she would recommend as well. That's the report that I got. And Council Member Gordon, you may want to add to this before I make the resolution or before I make the motion rather. I will simply add, I think you did a good summary of what we heard. It was obvious to me during this meeting that the state has folks who are extremely knowledgeable in healthcare benefits and that they had looked at our situation and our system and had some strong recommendations to make. So I will move that we place on the docket a resolution directing the Division of Human Resources to immediately retain the services of a benefits consultant to represent the urban county government and examine its healthcare plan and make recommendations as appropriate. So moved. I have a motion by Vice Mayor Gray and a second by Council Member Gordon. Council Member Lane. Thank you, Mayor. Yeah, I'd just like to add if we're actually looking at an annual cost increase of about $7.2 million, that equates to about $600,000 per month or about $20,000 a day. So I think that whatever we could do to accelerate our review, this would be very appropriate. Any further discussion on the motion? All in favor of adding that item to the docket, please indicate by saying aye. Opposed, no. Motion carries. Madam Clerk, would you give it first reading? Resolution number 54, a resolution directing the Division of Human Resources to immediately retain the services of a benefits consultant to represent the urban county government and examine its healthcare plan and make recommendations as appropriate. Do I hear a motion to, I take it the motion now is going to be to suspend the rules for purposes of giving a second reading? Second. All in favor, say aye. Opposed, no. Motion carries. Motion to suspend the rules for purposes of giving a second reading. Second. A motion to that effect by Council Member Ellinger, second by Council Member Crosby. All in favor of suspending the rules for purposes of giving a second reading to that item, please indicate by saying aye. Aye. Opposed, no. Motion carries. Madam Clerk. Resolution number 54, for second reading, a resolution directing the Division of Human Resources to immediately retain the services of a benefits consultant to represent the urban county government healthcare plan and make recommendations as appropriate. Do I hear a motion to approve that resolution? I have a motion by Council Member James, second by Council Member Lawless. Any discussion? All in favor, please indicate by voting aye electronically. Those opposed, vote nay electronically. Madam Clerk, please call the roll. Mr. Blues? Yes. Ms. Crosby? Mr. Ellinger? Ms. Feigl? Ms. Gorton? Aye. Mr. Gray? Yes. Ms. Henson? Yes. Ms. James? Mr. Lane? Yes. Ms. Lawless? Yes. Mr. McCord? Yes. Mr. Stinnett? Mr. Beard? Aye. Resolution is adopted. That takes us down to communications from the Mayor. At the request of several Council Members, I'd like to withdraw item number three, the recommendations contained in item number three, and would entertain a motion to approve items one, two, and four through 15. Move approval. Second. I have a motion by Council Member Gorton and a second by Council Member Lane. Any discussion? All in favor, please say aye. Aye. Opposed, no. Motion carries. We have some communication items under number 10 for information only. It takes us down to announcements. Does any Council Member have an announcement? Council Member Gorton. Thank you, Mayor. This really is not an announcement so much as a statement of thanks and appreciation because we have three Council Members who will be leaving us on the Council, and I wanted to personally thank Council Member Feigl for your service and for those things that you did in the Fifth District. Um, Council Member James, I know I've worked with you a good bit on neighborhood things, and I think it's terrific how you helped empower your neighborhoods. And Vice Mayor Gray, I want to thank you for your service on the legislative body as you move forward. And then finally, Mayor Newberry, I want to offer many thanks to you for your four years of service. I know that you have spent many hours, as well as your commissioners and staff on the 12th floor, and I want to just express my appreciation and thanks to you and wish all of you well as you move forward. Thank you. Council Member James. Thank you, Mayor. I too would like to say thank you to the Council Members that are outgoing and also to the Council Members that are remaining. This is really hard work and I can now testify to that. So if you ever need to have that statement made out in public, just call me and I will share that with everyone. I'd like to thank the Mayor and his administration for all the work that not only did for the entire city, but also, Mayor, for what you did for my district. I really do appreciate all the work that you, all the time and thought and energy that was invested by you, your staff in District 1. If you drive anywhere in District 1, you can see a lot of the collaborative work, the results of that. And I really do appreciate that. My colleagues on Council, thanks for bearing with me as I learned how to be a better Council Member all along the way. And I've learned from each of you how to do that based on our relationships with each other. So I really do appreciate it. Thank you for everything that you did to support my district and to support me as a Council Member and to support my staff. I can't thank you enough. This experience has been absolutely monumental. It's absolutely changed my life. City workers, you've been amazing. We set up here and make laws and you all make it happen. And if it weren't for you, nothing would get done. So I've expressed that to many of you who came and shared in my going away at the office today. And I want to, to those of you who couldn't make it, I want to thank you because it's you that allows all this stuff to happen and for our city to be successful. So I do want to thank you. And lastly, but of course not least, I want to thank my constituents for your vote originally, your support, your vote, your emails, your calls. You letting me know what's happening on your streets and sharing that with me, participating in all the meetings that I set up and just being willing to share and help me to help make decisions for you. This has been an experience I will never forget. And I hope that you all don't forget me. I hope that when you look over here at this seat, there's a bit of branding that was happening. So when you look at this seat, regardless of whether I'm here or not, what would Andrea do? And then vote accordingly. Thank you. Council Member Stennett. Thank you, Mayor. You know, every two years we always have this moment and it is difficult to see our friends and colleagues move on to bigger and better things or just simply go back into the private sector, enjoy watching the tireless work we have to put in. And no one will ever know really what it takes to sit in these chairs every night or every meeting. And no one will ever really know what it takes to answer those emails and phone calls and just try to do your best up here because it is very difficult and it's very thankless. But Council Member James, you made me a better Council Member. I sincerely mean that because, you know, you are the first African-American woman to be on Council and it's an honor to serve with you for that reason. But also who you are as a person, we never agreed on a lot of things, but you did challenge me to be a better Council Member, to know what I'm voting on, to know what I'm reading. And I appreciate you doing that. Council Member Feigl, same to you. You brought a lot of good knowledge from your experiences in the past. And I always look to that because, you know, you had a lot of good things to offer this Council in the last two years, and we appreciate what you did have to offer. And I'm sure you'll go on to do bigger and better things as well. And last but not least, Vice Mayor Gray, if we could give you a good roast tonight, and I'd love to, no more than anything, but we won't talk about how much you spent to get here. We won't talk about any of that. But what we will talk about is, someone once told me to measure someone's true passion is how much they put in pursuing it. And you put a lot of work into getting where you're going to be in a couple weeks. I know you don't take that lightly. I know you're sacrificing your family time, and we appreciate that on Council from having known you here. But we also wish you Godspeed because you'll need it. And we'll be on the other side of the fence, so to speak. But we're always here to work together, and I hope you keep that door open and keep working with all of us to make Lexington better. Because I said a month ago that our real true mission here is to make Lexington a better place. And on that note, Mayor Newberry, it's been a long four years, and no one really knows how far you've come in four years or what you had to do to get to this moment. Very few of us will ever sit in that chair as mayor. And Lex will never really know what you've truly done the last four years in cleaning up our stormwater, our sewer problems, our budget problems. Just remember four years ago when you were elected, we couldn't produce a balance sheet and budget. And that was a tough thing to overcome as a mayor. And you also served in the worst recession of our lifetime, or my lifetime for sure, and many of our lifetimes. So you've done a magnificent job. You've done it with integrity. You've done it with honor. And you've done it to the best of your ability and made Lexington move forward. And you can truly leave this place, in my opinion, knowing that Lexington's a better place today than when you came in office. So thank you for your service. Thank you to your commissioners and everyone in the back. It's been a fun ride, and now a new day awaits us going forward. So thank you. Thank you. Council Member McCord. Thank you, Mayor. Let me echo those sentiments again to the outgoing council members. Thank you for your service. And as Council Member James said, very few people realize what this job entails. And until you sit up here, it's really easy to say what you're going to do and how you would do it if you're up here. But it's not until you actually have to cast that vote that you really know. And so to all those that are going out, I want to say thank you. Mayor Newberry, let me just point out a couple things from my perspective. Four years ago, you stepped into what was a very chaotic situation. That is an understatement. And you brought order and integrity to that, to this office and to the city. You led during the worst time, but also the most exciting time in Lexington's history. You led well. And the average folk watching tonight, the average person who may just tune in, has absolutely no comprehension of the monumental tasks that you and this council undertook in the last four years, from settling a 30-year environmental problem, to addressing the police and fire pension shortfall, to getting ready to host the third largest sporting event in the world in 2010. All of those things were done and done well. And you are to be commended. But I want to tell you, and I want to tell everybody out there, it's one of those things where sometimes you don't realize the difference that one person can make at a critical juncture. And we talk a lot about the legacy trail, and probably it's going to be one of the biggest successes of the last four years. It certainly is something that I look upon with a great deal of pride. But there were two instances where if you had not said what you said and if you hadn't led where you led, it would not be a reality. It would just simply not. No matter how much we pushed and pulled and had community support and millions of dollars, had you not come to the meeting at Vulcan Quarry and had you not led through the MPO process with the stimulus money, this would not have happened. And I want you to know how appreciative I am personally for those things, because you can look back and say that that was your part and nobody else could have done those things but you. To your commissioners, let me just tell you, it has been a pleasure to work with you all. You all carry yourselves with a great deal of class and integrity, and I know that comes from leadership down. You have done an incredible job of leading during a most challenging time. And I appreciate your efforts to the very end, and they are very much appreciated from this council member and from a lot of folks in this community. And you can always look in the mirror and know that you did it with a great deal of integrity, and that you put this city in a position to win, and that's all we can do. We ultimately pass the baton at some point in time, and you all are passing it well. So thank you very much. And to Vice Mayor Gray, it's one of those things where, you know, leadership is tough at any time. This is going to be one of the toughest times, and it's a daunting challenge. And to you and to the team that you pick, I wish you the very best and look forward to working with you on that, because as Council Member Stinnett said, it is about Lexington and moving Lexington forward and that is the primary goal for everybody that will be up here. So again, thank you to all my colleagues who serve, who will come back, and those who haven't, who are not. And thank you to those in the administration for all your tireless service. I appreciate it very much. Vice Mayor Gray. Thank you, Mayor. Everyone has said already, those who've spoken have said, have expressed sentiments that are special, that illustrate the relationships that are built in the course of two years and four years between and among those on this Council and others. My deepest respect for those who are leaving and retiring from the Council, the members of this administration. You've all worked really hard and for the best interests of the city. Even sometimes when there has been disagreements, there's never in my imagination, never in my mind, a belief that those best interests were not being represented. And likewise to Mayor Newberry for the inspiration that you have provided, Jim, in the course of the last four years and for your leadership. Thank you. Council Member Fyke. Thank you, Mayor. Not knowing the tradition, I didn't come prepared to speak. But I would just say that it's been a very short two years for me. And I have truly enjoyed working with each of you, getting to know each of you, and serving in this community. I have truly enjoyed it. It's been a great experience for me. Probably the highlight of my moving back to Kentucky. And also wanted to mention that I have truly enjoyed the staff. I think we have a phenomenal group of people in our community. And I think our city is very fortunate to have these folks. Times are tough and it's going to get a little tougher. And so I wish all of you well. And I do whatever I can do to help you. Please feel free to call on me at any time. But I wish you well in the coming years because I know it's going to be a hard road. And so thank you so much for working with me. And I have truly enjoyed getting to know all of you. Thank you. Council Member Lane. Thank you, Mayor. Yeah, you know, people ask me about serving on the council. And I said, you know, the council is very interesting because we have 15 council members. Each one of them brings a certain amount of experience and expertise. And many of the issues that come before us, someone here on the council is an expert in that area. So when we lose council members, we're losing expertise. When we get new council members, I guess we're adding new expertise. But, you know, we will miss the council members that are leaving here. And I want to thank you for your service. I also wanted to say a few words about the mayor. And I think the mayor did an exceptionally good job. What I really liked about the mayor the most is that every issue that came to his attention, he did address it. He didn't hide anything, sweep it under the carpet, you know, put it off for another council, another mayor on another day. And I think that is a wonderful attribute to have. And I think we made a lot of progress in the last four years. And I think back four years ago, you know, we weren't and have good communications with the governor of the state. We didn't have good communications with the transportation department. We didn't do so well with economic development. We weren't really in a good relationship with UK or even Commerce Lexington. So over this four year period, I think we've built and there are many other areas where we've improved. We've made a lot of improvements in our relationship with entities that are really vital and important to our community. The other thing that I really appreciate about the mayor's work is that I think he recruited some of the very best people that we could get, not only as commissioners here and I think we had a great bunch of commissioners, but, you know, he even just like in tonight's recommendations for the different boards that we have, I think that he was very careful to get the very best people to serve on those boards because their ethics, values and knowledge and expertise are what make these boards go. And these boards are also vital to the success of our community. So and then I think in closing, I think the mayor has highest ethics and integrity and that's something also to be appreciated. So having said that, you know, I will miss you, Mayor, and I wish you the very best in your future endeavor. And I would also like to add that I have met with Vice Mayor Gray and I've told him that I would do everything I can to support him. I am working for the betterment of our community, our taxpayers, our residents and our future. And I wish the new mayor a lot of success in his position and I'll do the best I can to support you. And I think I've said enough, but thank you all very much. This sort of touched me to have both, you know, we're losing two of you at one time, but I guess we're getting a new mayor in the process. But thank you very much. Thank you. Let me express my appreciation to the kind words that have been voiced tonight. Much of my success is attributable to the folks who are sitting in the back of the room. They have been absolutely spectacular. I know you will be disappointed to know that I have prepared about 25 to 30 minutes worth of remarks. You will be pleased, however, to know that I'm going to save those until next Wednesday evening, at which time I will have a farewell address with the community on GTV3. And so I'll save most of what I have to say until next Wednesday evening. But I'm very grateful for your kind remarks this evening. Well, as is always the case, the public has the final word. Is there anyone who would like to address the council? Mr. McCarthy. Okay, Mayor Newberry, Mrs. Feigl, and especially Mrs. James. I will miss each of you. And I also need to point out, though, to those who are going to be back next year. Although state law lets you do it, I think it's a mistake policy-wise to be in the habit of giving businesses tax breaks to move here from somewhere else. Unless there are some very special circumstances. Now, if a business agrees to move into an existing building that was left vacant when some other business went bankrupt or moved out of the county, okay, then it might make sense to give them an incentive to come here. We don't want to lose people in business. But growth, even so-called smart growth, creates the need for more infrastructure. If you grant all these tax breaks to induce growth, you're creating the need for more infrastructure, but you're leaving yourselves with nothing or no one to tax to pay for that infrastructure. And it's inevitable that when you get businesses to migrate here from somebody somewhere else, they inevitably pull people with them, right? Much as we wish that they would take all the unemployed that we have already living here and put them to work, doesn't usually work out that way. And I would also point out, I think that making it more difficult to drive through downtown is not going to make downtown become anybody's destination. What we really need is to make it easier to get between other parts of town without having to come through downtown. That might include such things as adding ramps and overpasses to the old part of New Circle to get rid of the stoplights. Thank you. We have two other individuals who've indicated a desire to speak. Steven Richardson. Mr. Richardson, if you'll step to the podium, you'll have three minutes. Thank you, Alfred. I really don't know if this is where I'm supposed to be at, but I have a question. I'm employed with LexTran, and I would like to know exactly who am I employed, who is my employer? Am I working for the Fayette County government or am I working for a union? Well, I suspect the best source of that information would be folks in our law department who could shed some light on that. So there's Mr. Gardner that's sitting immediately to your left, and I saw a commissioner ask you, he was here a moment ago, if you could check with one of those. They could, I'm sure, provide you with some information that would be helpful. Okay, thank you. Thank you, Mr. Richardson. And Ben Humphrey. Mr. Humphrey, you'll have three minutes. Yes, sir. My question is sort of related to his. I'm also employed with LexTran. I guess my question is, if we are a member of the Lexington Urban County government, why doesn't, why don't this government run, you know, LexTran? Why is outside management companies run this? Why is outside management companies run this? Well, I'm not sure this is the exactly right form, but let me try to give you an answer. LexTran, like several other independent agencies in our community, is run by a separate board. My understanding, subject to Mr. Gardner's observation to the contrary, is that you are employed by that separate agency. And as a consequence of the board's decision, some time ago, there's been a decision made to utilize a management company to provide management services to LexTran, as opposed to hiring an individual directly to do that. I think to the degree you have more specific questions, it would probably best be addressed at least tonight by Mr. Gardner. And perhaps after you talk with him, there may be some other folks who would be appropriate to be involved in that discussion. But I hope that helps a little bit. Thank you, sir. You're welcome. Anything further from any member of the public? I have a motion by Council Member Crosby and a second by Council Member Ellinger to adjourn. All in favor of adjourning, please say aye. All opposed, no. Motion carries.