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# Urban County Council Meeting - January 13, 2011

> Auto-transcribed civic record · Council · January 13, 2011

- **Permalink**: https://meetings.lexingtonky.news/meeting/1840
- **Source video**: https://lfucg.granicus.com/player/clip/1840?view_id=14&redirect=true
- **Date**: 2011-01-13
- **Body**: Council
- **Last revised**: June 18, 2026
- **Length**: 11,305 words

> ⚠️ **Auto-generated content.** Audio from the official Granicus video was auto-transcribed by OpenAI Whisper-1. Structured facts were extracted with GPT-4o; the narrative summary was written by Anthropic Claude Sonnet. Speaker labels and verbatim wording may contain errors. See [methodology](https://meetings.lexingtonky.news/about/methodology) or [report a correction](mailto:editor@lexingtonky.news).

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## Meeting Overview

The Lexington-Fayette Urban County Government Council convened on January 13, 2011, at 6:00 PM in Lexington, Kentucky, with Mayor Gray presiding. The meeting covered 4 agenda items, including an invocation, approval of minutes, committee reports, and the second reading of ordinances. Over the course of the meeting, the Council took 5 votes and heard 1 public comment. The minutes from a prior meeting were approved, and ordinances on second reading were also passed, while the invocation and committee reports served as informational items requiring no formal action.

## Attendance

All members were present at the January 13, 2011 Council meeting. The following 16 members attended:

- Mayor Gray
- Crosbie
- Ellinger
- Farmer
- Ford
- Gorton
- Henson
- Kay
- Lane
- Lawless
- Martin
- McChord
- Myers
- Stinnett
- Beard
- Blues

No members were recorded as absent or late.

## Votes and Decisions

All five votes taken at the January 13, 2011, Council meeting passed unanimously with 15 ayes and 0 nays.

- **Approval of Minutes** [timestamp: 0:06:27]: Moved by Ellinger, seconded by Crosbie, the Council approved the minutes from the December 9, 2010, Council meeting and the December 7, 2010, work session. The motion passed 15–0, with all members voting in favor: Crosbie, Ellinger, Farmer, Ford, Gorton, Henson, Kay, Lane, Lawless, Martin, McChord, Myers, Stinnett, Beard, and Blues.

- **Removal of Ordinance from Docket** [timestamp: 0:08:03]: Moved by Gorton, seconded by Ellinger, the Council voted to remove an ordinance amending Section 21-5(2) of the Code of Ordinances from the docket. The motion passed 15–0.

- **Referral of Franchise Agreements** [timestamp: 0:13:55]: Moved by Gorton, seconded by Blues, the Council voted to refer franchise agreements and other related issues to various committees. The motion passed 15–0.

- **Referral of Street Repaving Bonding** [timestamp: 0:16:04]: Moved by Martin, seconded by Henson, the Council voted to refer consideration of additional bonding for street repaving to the Budget and Finance Committee. The motion passed 15–0.

- **Second Reading of Ordinances** [timestamp: 0:19:20]: Moved by Ellinger, seconded by Gorton, the Council conducted a roll call vote on the second reading of ordinances relating to stormwater, grants, and budget amendments. All 15 members — Crosbie, Ellinger, Farmer, Ford, Gorton, Henson, Kay, Lane, Lawless, Martin, McChord, Myers, Stinnett, Beard, and Blues — voted in favor. The motion passed 15–0.

## Budget and Financial Actions

The Council addressed several financial items at the January 13, 2011 meeting, spanning grants, an insurance payment, and service contracts.

**Grants:**
- The Council accepted a **$6,000 grant from the Kentucky Justice and Public Safety Cabinet** to support the Domestic Violence Prevention Board.
- A **$41,057.20 grant from the U.S. Department of Justice** was accepted for the purchase of bulletproof vests.

**Insurance Payment:**
- The Council appropriated a payment of **$116,236.74 from Great American Insurance Co.**, received as a result of a contractor bond default.

**Contracts:**
- The Council approved an agreement with **AMEC Earth & Environmental, Inc.** in the amount of **$140,220** for Brownfield Site Assessment Services.
- An agreement with **Blue Grass Energy Cooperative Corp.** was approved for **$2,968** related to LED Street Lights.

No resolution numbers were available in the source materials for these items. Timestamps were not provided for individual financial actions.

## Public Comment

One member of the public addressed the Council during the public comment period at the January 13, 2011 meeting.

- **Robert Dalton** spoke at [timestamp: 1:17:21] regarding **House Bill 202**, a measure focused on supporting veterans seeking commercial driver's licenses (CDLs). Dalton explained that the bill is designed to assist veterans by extending the waiver period for CDL requirements and by broadening the bill's scope to include all classes of vehicles, not just a limited subset. The proposal appears intended to ease the transition for veterans entering the civilian workforce by leveraging their military driving experience across a wider range of commercial vehicle categories.

No other public comments were recorded for this meeting.

## Appointments

At the January 13, 2011 Council meeting, the following appointment was made:

- **Richard Moloney** was appointed to the role of **Chief Administrative Officer**.

## Contested Items

- **Budget and Finance Committee Membership:** A procedural dispute arose during the meeting regarding the composition of the Budget and Finance Committee. Specifically, the question before the Council was whether to increase the number of members serving on the committee from nine to ten. The matter generated enough discussion to warrant further consideration rather than an immediate decision. Ultimately, the motion was withdrawn, with the understanding that the issue would be revisited and reviewed in six months.

## Invocation

[timestamp: 01:31]

Pastor Bill Henard of Porter Memorial Baptist Church delivered the invocation at the opening of the Council meeting.

## Approval of Minutes

[timestamp: 06:27]

The Council took up the approval of minutes from two previous meetings: the December 9, 2010, Council meeting and the December 7, 2010, work session. Ellinger and Crosbie were the key speakers during this portion of the meeting. The minutes were approved without noted objection or significant debate.

## Committee Reports

[timestamp: 07:33]

The Council received reports on two recent committee meetings: the December 7, 2010, Council Services Committee meeting and the January 11, 2011, Committee of the Whole Work Session.

- **Ellinger** and **Gorton** were the key speakers delivering the committee reports.
- The reports were informational in nature, providing the full Council with updates from each respective committee meeting.

No votes or formal actions were taken as a result of these reports. The item was received as informational.

## Second Reading of Ordinances

[timestamp: 19:20]

The Council conducted a second reading of ordinances covering topics related to stormwater, grants, and budget amendments. Key speakers during this portion of the meeting included Ellinger and Gorton.

The ordinances were brought forward for their second reading, a procedural step required before final adoption. The items addressed stormwater-related matters, grant provisions, and amendments to the budget. No additional details regarding specific debate, amendments, or concerns raised during this reading are available from the meeting record.

The Council approved the ordinances on second reading.

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## Decisions

- **Motion** — passed (15-0): Approval of minutes from December 9, 2010, Council meeting and December 7, 2010, work session
- **Motion** — passed (15-0): Remove ordinance amending Section 21-5(2) of the Code of Ordinances from the docket
- **Motion** — passed (15-0): Refer franchise agreements and other issues to various committees
- **Motion** — passed (15-0): Refer consideration of additional bonding for street repaving to Budget and Finance Committee
- **Motion** — passed (15-0): Second reading of ordinances relating to stormwater, grants, and budget amendments

---

## Full transcript

It's very unusual for this chamber to get quiet before the appointed hour, but since it has, I suppose we can just go ahead with the meeting. I'll go ahead and call the meeting to order. And we are fortunate tonight to have as our guest, yes, I'll go ahead and do that, Pastor Bill Hennard of Porter Memorial Church. But before the pastor offers an invocation, we will ask for the roll call. Madam Clerk. Ms. Crosby. Here. Mr. Ellinger. Here. Mr. Farmer. Here. Mr. Ford. Here. Ms. Gorton. Here. Ms. Henson. Here. Mr. Kaye. Here. Mr. Lane. Here. Ms. Lawless. Here. Mr. Martin. Here. Mr. McCord. Here. Mr. Myers. Here. Mr. Stennett. Yes, ma'am. Mr. Beard. Present. And Mr. Blues. Here. Thank you. Thank you, Susan. And we ask the Baptist Church to offer our invocation. Pastor Hennard. Let's pray together. Father, we thank you for this wonderful day to be together. And I want to pray for our new mayor and for the members of this council. And I ask your blessing to be upon them and their families. We thank you for their service and for the hours that they spend serving us as citizens of this county. And, Father, I'd ask that you would give them wisdom as they make the very difficult decisions and the leadership that they give to this government. Give them wisdom not just to do what's right and what's good for the citizens of Fayette County, but I pray that you would give them the wisdom that only comes from you, a wisdom that will teach us how to do what's right in your eyes, a wisdom that brings blessing from you. Lord, bless them and give them many strong days. Bless our nation. Bless our government. Bless our people. And it's in the name of our Savior Jesus that I pray. Amen. Thank you so much, Pastor Hennard. Thank you so much. Before we go on with the meeting, the agenda tonight, I would like to offer a couple of comments. First, just to follow on with Pastor Hennard, many of us in the community, I know many on the council watched the memorial service last night honoring the victims of the tragedy in Arizona. And it made me and I'm sure it made many of the council members reflect on the role of those in elected public service and those who support those in elected public service. I think the President's comments last night really are worthy of offering tonight and just referring to. He said that we may not be able to stop all evil in the world, but I know that how we treat one another is entirely up to us. And I feel sure that I speak for many of the council members, it's probably not a day that goes by that you all don't have someone come up to you and thank you for your work. And they may have something to offer as a little bit of a trouble as well, but often we'll acknowledge the work that we do. And I also have heard people say that this council does reflect that level of civility and generosity really to each other. And that's something that at the local level right here in our city that I know that we can all feel good about. I wanted to say that. I also wanted to say it's very good to be here. It is very good to welcome this council to its first council meeting. I know you all have had your work session already on Tuesday, and that worked well. We know that our changes are a work in progress. I want to acknowledge the new council members to this body. Council member at large, Steve Kaye. Council member Bill Farmer. I know this is a re-welcome to you, sir. And council member Chris Ford. Thank you all. All right. First on our agenda, minutes of the previous meeting and approval of the previous work session summary. So I'll ask for a motion. Move to approve. Second. Of both the December 7th and the December 9th work session summary. Actually, I think we need a motion on each. Is that correct, Susan? I believe it can be a motion for both. For both. All right. We have a motion from council member Ellinger and a second from council member Crosby. Is there any discussion? Hearing none, all in favor, please indicate by saying aye. Aye. All opposed, no. Motion carries. All right. Next on our agenda are committee reports. And first is a committee report from services committee from chairman Ellinger. Thank you, Mayor. The services committee met on December 7th. We have four items on the agenda, the merchant ordinance, the taxi cab ordinance, the sidewalk specifications, and the golf operations. We took information only. There were no motions that came from those committees, and they all stay in their respective committees moving forward for the 2011 council. And with that, that's all my report, Mayor. Thank you, Council Member Ellinger. Vice Mayor Gordon. Thank you, Mayor. These motions are from Tuesday, January 11th, committee of the whole work session. And the first motion is to remove item five on the docket under ordinances for second reading from the docket. So moved. Second. There's a motion by Council Member Vice Mayor Gordon and a second by Council Member Ellinger. Is there any discussion? Hearing none, all in favor, please say aye. Aye. All opposed, no. Motion carries. The second motion is to remove item six under ordinances for second reading until May 1st. Second. There's a motion by Vice Mayor Gordon and a second by Council Member Crosby. Is there any discussion? Hearing none, all in favor, please indicate by saying aye. Aye. All opposed, no. Motion carries. Vice Mayor. The next five items, and I guess we might ask council members if they're okay with putting them together, they all refer different items to committees, and one is the NDF. So I was going to make them all in one motion, if that works for everybody. So I make a motion to tonight approve the Neighborhood Development Fund list and to add that to the docket. I guess that needs to be a separate motion. Second. So the motion back. Be rolled together. All right. So they can be rolled together. Okay. All right. To refer the franchise agreements to the General Government Committee, to refer the World Equestrian Games reimbursement to Public Safety Public Works Committee, to ask the CAO for, and Streets and Roads, for a report and schedule on Clay's Mill Road project, and to ask for an update on the salt situation from the CAO, as well as to refer the Building Inspection Task Force report to the Planning and Zoning Committee. Second. Motion by Vice Mayor Gordon, second by Council Member Blues. Is there any discussion on these items? Council Member Lawless, then Council Member Martin. I may not remember this correctly, but I thought it was the All Tech World Equestrian Games and the Spotlight Lexington were both requesting a report on both of those. I think Council Member Crosby made the motion. Spotlight Lexington was all donated, I thought. That was part of the motion to see if the donations had covered all the reimbursements. It was part of the same motion. So maybe we could amend that. So, Mayor, can I make an amendment to add All Tech World Equestrian Games and Spotlight Lexington? The amendment is second, not required. All right, Council Member Crosby agrees to it. Council Member Martin. Thank you, Mayor. Given that we're doing sort of a new procedure, I failed to do this on Tuesday, but I think it might be the appropriate time to do it right now. I'd like to make a motion to refer to the Budget and Finance Committee the consideration of additional bonding for the repaving of our streets. And this would simply put this into Budget and Finance and have it considered there. So this is a motion to amend. There's a question. Can we? Go ahead, Council Member. Well, this is what came from our work session. So since that was not brought up at work session, I would think it would be a separate motion procedurally. This is simply a report out from work session. But we're voting on sending things to committee, are we not? From the work session. It's a technical point. I think it would be better served as a separate motion is my thinking. I'll pick it up at the conclusion of this report out. Is that all right? Council Member Martin. We've got a motion. We've got a second. And the discussion is related to? I'm willing to remove it for the purpose of doing it later. I'm just trying to find the place to do it. Yeah, we'll just find a place to get through this. Council has told us I guess the only other place is at the very end of the docket. Is that going to be satisfactory? Vice Mayor, after this motion, as chair, I'll accept your motion. Thank you, Mayor. Okay. All right. Council Member Crosby. Thank you, Mayor. On Tuesday I had made a motion to refer the snow plan to the public safety and public works, and that's not on that list. I'm happy to make the motion after we're done with this, but it passed. Go ahead and amend it, if we could amend it, because that did come from committee on Tuesday and somehow it didn't make the list. It's just referring the snow plan to public safety. Okay. There's a motion to amend. Council Member Crosby is seconded by Council Member Ellinger. Is there any discussion? Hearing none, all in favor, please say aye. Aye. All opposed, no. Motion carries. Any other discussion? All right. Ready for a vote? Vice Mayor's motion. All in favor, please say aye. Aye. All opposed, no. Motion carries. Council Member Martin. Thank you, Mayor. I make a motion to refer to the Budget and Finance Committee the consideration of additional bonding for the paving of our streets. So moved. Second. Motion by Council Member Martin, second by Council Member Henson. Is there any discussion? Yes. Council Member Beard. Council Member Martin, is your intention not saying or saying all our streets, some of our streets? I mean, at what point, how do you size this thing up? It can break the bank. At this time we have a standing rule about how we divide up our bonding money among the council districts. And so whatever amount the Budget and Finance Committee thought was appropriate, whether that's zero or something else, that would be, I'm assuming, would be divided among the council districts according to our current rules. Well, I just didn't want the public to think that we were going to fix something that they've been hollering about for a long time. At this point it's just an opportunity for the Budget and Finance Committee to discuss and consider the issue. And I agree with you wholeheartedly. I think we're almost at the point of no return on the repaving. But I just wanted to be sure that we didn't stub our toe on the way. I appreciate that. I hope we're not. Thank you. Council Member Crosby. Council Member Martin, did you say that for additional bonding or to look at how to revisit how we are dividing the allocation for our current funding? The motion was for additional bonding. We did not bond any of the monies for roads this year. I know that in years past the Urban County Council has bonded additional funds to try to catch up because our roads have fallen further and further behind. And so in order to try to catch up and sort of pick up the council's procedures that passed, I thought it would be an appropriate time to have the Budget and Finance Committee at least talk about it and consider whether the city is able to do that this time. Thank you. Thank you. Any further discussion on the motion? All right. Hearing none, we're ready for a vote. All in favor, please say aye. Aye. All opposed, no. Motion carries. All right. We're ready for a second reading of the ordinances. Madam Clerk. Yes, sir. Yes, ma'am. Ordinances for a second reading. Ordinance number one, an ordinance deleting Article 20 and amending Articles 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 two, 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, are for 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 and reappropriating funds pursuant to Schedule No. 76 and authorizing the Mayor to transfer unencumbered funds within the grant budget. Number three, an ordinance authorizing and directing the Mayor on behalf of the Urban County Government to accept a grant from the 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, $37,387, and the Office of the Fayette County Sheriff, $3,670, the acceptance of which obligates the Urban County Government for the expenditure of $37,387 as a local match, appropriating funds pursuant to Schedule No. 77 and authorizing the Mayor to transfer unencumbered funds within the grant budget. And number four, an ordinance amending certain of the budgets of the Lexington-paid Urban 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 No. 78. Second. There's a motion by Council Member Ellinger and a second by Vice Member Gordon. Is there? That's one through four. We need a roll call vote on this. Thank you. Ms. Crosby? Mr. Ellinger? Yes. Mr. Farmer? Yes. Mr. Ford? Yes. Ms. Gorton? Aye. Ms. Henson? Yes. Mr. Kaye? Yes. Mr. Lane? Yes. Ms. Lawless? Yes. Mr. Martin? Yes. Mr. McCord? Yes. Mr. Myers? Yes. Mr. Stennett? Yes. Mr. Beard? Aye. And Mr. Bluse? Yes. Thank you. The hearing is concluded and passes unanimously. Madam Clerk? There is a motion that needs to be made on Ordinance Number 7. All right. Chair will accept the motion. Council Member? Mayor? Council Member Ford? I move to place Ordinance under Item Number 7 on the docket without a public hearing. Second. There is a motion and a second. Is there any discussion related to the motion? If not, all in favor, please say aye. Aye. All opposed, no. Motion carries. Madam Clerk, can you give first reading to the ordinances? Yes. Thank you. I move the Ordinance. Ordinance Number 7, an Ordinance changing the zone from a single family residential R1C zone to a wholesale and warehouse business B4 zone for 2.52 net 2.73 gross acres for property located at 1528, 1532 and 1534 North Limestone, James Waller. Number 8, an Ordinance amending certain of the budgets of the Lexington-Fayette-Urban County Government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds Schedule Number 85. Number 9, an Ordinance authorizing and directing the Mayor on behalf of the Urban County Government to accept, to execute and submit a grant application to the Bluegrass Area Development District 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 $89,078 federal funds for operation of the Senior Citizen Center in FY2012, the acceptance of which obligates the Urban County Government for the expenditure of $160,146 as a local match. Appropriating funds pursuant to FY2012 Schedule Number 2 and authorizing the Mayor to transfer unencumbered funds within the grant budget. And Number 10, an Ordinance amending Section 22-52 of the Code of Ordinances, creating one position of Senior Administrative Aid to the Mayor, Grade 120E, and abolishing one position of Senior Advisor, Grade 212E, and appropriating funds pursuant to Schedule Number 86. Thank you, Madam Clerk. Are there any motions? I'm hearing none. Madam Clerk, would you proceed to the first reading of the resolutions, please? Resolution Number 1. A Resolution Accepting the Bid of Bulk Plants, Inc., Establishing a Price Contract for Bulk Fuel for the Division of Facilities and Fleet Management. Number 2. A Resolution Accepting the Bid of Riley Oil Company, Establishing a Price Contract for Commercial Fuel Diesel for the Division of Facilities and Fleet Management. Number 3. A Resolution Accepting the Bid of Sapphire Cleaning Service, LLC, Establishing a Price Contract for Custodial Services, Police Headquarters for the Division of Facilities and Fleet Management. Number 4. A Resolution Accepting the Bid of Sapphire Cleaning Service, LLC, Establishing a Price Contract for Custodial Services, General Services for the Division of Facilities and Fleet Management. Number 5. A Resolution Accepting the Bid of Democrat Printing and Litho, Establishing a Price Contract for Fun Guide 2011 Printing for the Division of Parks and Recreation. Number 6. A Resolution Accepting the Bid of United Mail, Establishing a Price Contract for the Distribution of Fun Guide 2011 for the Division of Parks and Recreation. Number 7. A Resolution Accepting the Bid of Cricket Communications, Incorporated, Establishing a Price Contract for Wireless Phone Service for the Division of Parks and Recreation. Council Member Lawless. Thank you, Mayor. Number 6. Do we know if United Mail, it says that there were five and this is the non-low. Are they a local firm? Anybody? And I apologize for not catching that. I'm sorry. Jerry Hancock couldn't be here tonight. I'd be glad to share any information I might have. I was just looking at what Purchasing Contracting sent out. I do not see an address for United Mail. You're correct, they're the second lowest bidder and difference was only $400, which is less than 1% of the total bid, which was $23,000. The reason the first and the lowest bid was rejected was due to lack of performance. They failed in many ways. Due to a lack of what? Performance of the contract. They currently have the contract and we understand that there's so many different issues associated with delivery of services in a timely manner. So the request was made on behalf of the Parks and Recreation not to accept the first bid. So the second bid was United Mail. And as I said, the price difference is only $400. Could you get me information on the bidders and whether or not they're local? Sure, I'd be glad to. Council Member Myers. Thank you, Mayor. I also have a question about this bid. Could you also pull some information together, and it might be someone else in government that does it maybe, to find out how many different cell phone companies we're using as a government? Sure. Thank you. Thank you. Anybody else? Okay. Madam Clerk. Okay, resolution number seven, a resolution accepting the bid of Cricket Communications Incorporated, establishing a price contract for wireless phone service for the Division of Parks and Recreation. Number eight, a resolution accepting the bid of Advanced Interactive Systems Incorporated in the amount of $58,379 for a police firearms training simulator for the Division of Police. Number nine, a resolution authorizing the Mayor on behalf of the Urban County Government to execute an agreement with the Commonwealth of Kentucky's Department of Housing, Buildings, and Construction to provide heating, ventilation, and air conditioning, HVAC permitting, and inspection services in Fayette County and the Department pursuant to KRS 198B.060 and KRS 198B.6673 at no cost to the Urban County Government. Number ten, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a contract amendment with Southern Heights Neighborhood Association for extension of the completion date of the Neighborhood Action Match Project to September 30, 2011. Number eleven, a resolution authorizing the Mayor on behalf of the Urban County Government to execute a grant agreement with the Cabinet for Economic Development for the State Property and Buildings Commission in Tiffany and Company to accept grant funds in the amount of $300,000 to be provided to Tiffany and Company for expenditures related to its facility in Fayette County at no cost to the Urban County Government. Number twelve, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute change order number one to the contract with Clonch Construction LLC for the Meadows-Northland-Arlington Public Improvements Project, increasing the contract price by the sum of $45,508.15 from $977,250.85 to $1,022,759. Number thirteen, a resolution authorizing the Mayor on behalf of the Urban County Government to execute an agreement with Blue Grass Energy Cooperative Corporation at a cost not to exceed $2,968 to install and monitor five LED street lights as part of the government retrofit activity services under the Energy Efficiency and Conservation Block Grant Program. Number fourteen, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an agreement with AMEC, Earth and Environmental Incorporated for brownfield site assessment services at a cost not to exceed $140,220. Number fifteen, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute rule and inner-city adopt-a-spot program agreements with Christ United Methodist Church, BSA number 220, $1,304.12, Christ Centered Church BSA number 59, $1,567.20, Emmanuel Baptist Church BSA number 41, $1,231.68, Rosemont Baptist Church BSA number 98, $1,157.40, Beaumont Presbyterian BSA number 279, $1,038.28, Greater Faith Apostolic Church BSA number 238, $1,103.60, and $522.98, First Alliance Church $1,265.40, Blue Grass Chapter Order of Demolay $1,332.32, Christian Youth Fellowship $1,942.51, Phillips Memorial Church $2,191.56, Brown and Brown Associates $772.00, Boy Scout Troop number 103, $298.85, Boy Scout Troop number 13, $1,992.32, Boy Scout Troop number 186, $273.95, Boy Scout Troop number 382, $448.27, and Tate's Creek Presbyterian Church BS Troop number 226, $921.44 for participation in the adopt-a-spot roadway cleanup program at a cost not to exceed $20,000. Number 16, a resolution authorizing the Mayor and also authorizing and directing the Mayor on behalf of the Urban County Government to execute an agreement with Add Success for the Mobility Office Marketing Campaign at a cost not to exceed $44,400. Number 17, a resolution authorizing the Mayor on behalf of the Urban County Government to execute change order number 1 final to the contract with ADE Contracting Incorporated for Legacy Trail Kentucky Horse Park Trail Project increasing the contract price by the sum of $8,509.10 from $166,931.50 to $175,440.60. Number 18, a resolution authorizing the Mayor on behalf of the Urban County Government to execute change order number 3 final to the contract with Free Contracting for the Solid Waste Facility Expansion decreasing the contract price by the sum of $12,364.50 from $1,146,142.36 to $1,133,777.86. Number 19, a resolution approving the unclassified civil service appointment of Richard Maloney, Chief Administrative Officer, Grade 213E, $4,615.39 bi-weekly in the office of the CAO effective January 3, 2011. Mayor. Council Member Ellinger and then Council Member Lane. Thank you, Mayor. At the request of the Administration, I move to amend Resolution Number 20 to remove ratifying the probationary civil service appointment of Lamoris Adams, Custodial Worker Grade 102N, $10.913 hourly in the Division of Facilities and Fleet Services. So moved. Second. Motion by Council Member Ellinger, seconded by Vice Mayor Gordon. Is there any discussion? All in favor, please indicate by saying aye. Aye. Opposed, no. Motion carries. Council Member Lane. Sorry, Mayor. There was a little double dip on that one. Okay. Thank you. You've got something coming up later, right? All right. We said earlier this is a work in progress. Thank you, sir. Resolution Number 20 as amended. A resolution ratifying the probationary civil service appointments of Gregory Sheffer, Public Service Worker Senior Grade 107N, $14.217 hourly in the Division of Water Quality, effective November 22, 2010. Connie Hayes, Staff Assistant Senior Grade 108N, $16.00 hourly in the Division of Purchasing, effective January 17, 2011. Kathleen Hicks, Administrative Specialist Senior Grade 112N, $22.213 hourly in the Division of Revenue, effective January 3, 2011. Vincent Davis, Public Service Worker Senior Grade 107N, $13.299 hourly in the Division of Streets, Roads, and Forestry, effective upon passage of Council. Ratifying the permanent civil service appointments of Reginald Lyons, Tim Haefly, Larry Green, Lisa Spillman, Equipment Operator Senior Grade 109N in the Division of Waste Management, effective December 28, 2010. Michael LeMaster, Enforcement Officer Grade 110N in the Division of Waste Management, effective November 24, 2010. Approving the unclassified civil service appointments of John Walker, Eligibility Counselor Grade 110E, $1,615.52 biweekly in the Division of Family Services, effective January 3, 2011. Karen Colbert, Eligibility Counselor Grade 110E, $1,309.84 biweekly in the Division of Adult and Tenant Services, effective upon passage of Council. Jamie Emmons, Executive Assistant to the Mayor, Grade 122E, $3,461.54 biweekly in the Office of the Mayor, effective January 3, 2011. Susan Straub, Senior Administrative Aide to Mayor Grade 120E, $3,192.31 biweekly in the Office of the Mayor, effective January 3, 2011. Jeff Reed, Senior Administrative Aide to the Mayor Grade 120E, $3,192.31 biweekly in the Office of the Mayor, effective January 3, 2011. Jennifer Mazzotti, Senior Administrative Aide to the Mayor Grade 120E, $3,192.31 biweekly in the Office of the Mayor, effective January 3, 2011. Marian Zietlan, Administrative Aide to the Mayor, Grade 118E, $2,192.31 biweekly in the Office of the Mayor, effective January 3, 2011. Melissa Luker, Administrative Aide to the Mayor Grade 118E, $2,500.00 biweekly in the Office of the Mayor, effective January 3, 2011. Maureen Watson, Administrative Aide to the Mayor Grade 118E, $2,307.69 biweekly in the Office of the Mayor, effective January 3, 2011. Linda Taylor, Administrative Specialist Principal Grade 114E, $1,846.15 biweekly in the Office of the Mayor, effective January 3, 2011. Laurie Houlihan, Administrative Specialist Senior Grade 112N, $20.481 hourly in the Office of the Mayor, effective July 3, 2011. Hillary Parine, Administrative Specialist Senior Grade 112N, $18.481 hourly in the Office of the Mayor, effective January 3, 2011. John Wilkinson, Administrative Specialist Senior Grade 112N, $19.952 hourly in the Office of the Mayor, effective January 3, 2011. Shaunte Hall, Administrative Specialist Senior Grade 112N, $18.481 hourly in the Office of the Mayor, effective January 3, 2011. Approving the Unclassified Civil Service Appointments to the Office of the Urban County Council of Tiffany Tatum, Aid to Council, Grade 000E, $2,000 bi-weekly in the Council Office, effective January 3, 2011. Melinda Milburn Jamison, Aid to Council, Grade 000E, $2,000 bi-weekly in the Council Office, effective January 3, 2011. Andrea James, Aid to Council, Grade 000E, $2,057.69 bi-weekly in the Council Office, effective January 18, 2011. Ralph Codiron, Aid to Council, Grade 000E, $2,057.69 bi-weekly in the Council Office, effective January 3, 2011. There's no motion required here. Madam Clerk, are you stopping for a motion? We had a motion to amend. Do you have a walk-on? We're going to walk-on now. Okay, all right. Vice Mayor Gordon. If there's a walk-on, if we can wait until after number 25, that would be great. Yeah, that's what we were going to do. Thank you. We're going to wait until 25. Thank you. So you'll continue. Okay, great. We're good to go. Resolution number 21, a resolution amending resolution number 307-2010, which authorized the Mayor to hire Risk Management Services Corporation for third-party claims administration for liability and workers' compensation claims to increase the cost for FY2011 from $199,200 to $203,600 to include administration of workers' compensation claims that arose prior to July 1, 2008 and canceling the contract with current administrator. Number 22, a resolution authorizing the Mayor, on behalf of the Urban County Government, to execute a settlement agreement with the Kentucky Transportation Cabinet and LaDonna L. Coble and James F. Fields related to property located at 2701 Leastown Road. Number 23, a resolution authorizing the Mayor, on behalf of the Urban County Government, to execute a rental agreement with the Lexington Center Corporation for the Kitty Capers Program at a cost not to exceed $10,000. Number 24, a resolution authorizing the Mayor, on behalf of the Urban County Government, to execute amendment number 2 to the contract with Sherman Carter Barnhart PSC for the Anniston-Wicklund Stormwater Project for the Division of Water Quality, increasing the contract price by the sum of $8,750 from $136,950 to $145,700 for additional design services. And number 25, which is the walk-on that was done during the Committee of the Whole Work Session report. Right. Thank you, Madam Clerk. Are there any motions to walk on resolutions? If I can read this one more. All right, go ahead. Yes, sir. Thank you. Resolution number 25, a resolution authorizing the Mayor, on behalf of the Urban County Government, to execute an agreement with Palomar Hills Community Association Incorporated, $1,000, for the office of the Urban County Council at a cost not to exceed the sum stated. Thank you. Thank you, Madam Clerk. Vice Mayor Gordon. Thank you, Mayor. Councilmembers, you received at your place a packet of a motion and the resolution accompanying it regarding a change in the council rules. There's been a lot of discussion among councilmembers. I'm not exactly sure when it started, maybe a week or two ago by some, to expand back to ten members on Budget and Finance Committee. And so with that, I move to place on the docket, under first reading of resolutions, a resolution amending Section 2.102 of the Appendix A, Rules and Procedures of the Lexington-Fayette Urban County Council, increasing the number of members on the Budget and Finance Committee from nine councilmembers to ten councilmembers, and providing that the tenth councilmember shall be appointed by the Vice Mayor. So moved. Motion by Vice Mayor Gordon, seconded by Councilmember Blues. Is there any discussion on the motion? Councilmember Myers. Thank you, Mayor. Normally we wait on motions to a second reading to vote yes or no on them, but I guess I have a couple questions on this. I'd really like to hear more discussion on Tuesday, but I'm not sure how I'm going to vote on this when it eventually comes up for a vote. And one of the reasons is because we spent two full years, exactly two years, from November of 2008 to November of 2010, to get the restructure in place. And part of the compromise that we reached was that we would have a look back in six months and tweak things if they were necessary. So I'm kind of concerned about tweaking before we even get started. So I guess I'll say that I hope to hear more about this on Tuesday as to why we should do this before we even get started. Thank you. If you'd like to speak, Vice Mayor. Oops, we lost. We had two speakers that were signed on. Councilmember Stennett. Okay. So is this speaking to the motion, Councilmember Farmer? Or at least my confusion about it. Okay. What would come up on Tuesday if this is a motion to put this on the docket tonight? Right. But that would give us an opportunity. Or we can wait until the next Thursday when it gets second reading. But since we have the whole work session set up the way that we do, it would be nice if we got more information. You said you've heard from several councilmembers. I haven't heard anything about this yet. So certainly before that Thursday where it gets second reading, I'd like to hear why we need to do this before we even get started. If we choose to docket it tonight. Correct. Because we can have as much discussion, I would assume, as we would like. Yes. So we can have discussion now. Do we want to have the discussion now? I mean, you said. Councilmember Gordon. Some of the. Some folks felt that there wasn't a lot of discussion about this specific item, moving budget and finance from 10 to 9. And I think that's accurate, actually. We had a lot of discussion about the other standing committees. We didn't have much discussion about budget and finance. And some council members have mentioned that they think it's better to have 10. I'm just reflecting what I've heard, and I personally think it's not a particularly big change, and that in this time more is better for budget and finance. That's kind of my view on it. We're still on discussion on the motion. And then Council Member Crosby. I can wait and let Council Member Crosby go first since I've already spoken once. Council Member Crosby. I was going to say, like George, I agree with you that sometimes more is better, particularly when we're dealing with the type of budget situation that we're looking at. But I clearly remember that we discussed who would be on budget and finance, and I don't know if it just wasn't if some of us maybe didn't perhaps pay attention to the fact that it was going to be the committee chairs and three at-large members, which if you simply knew what the committees were in the make-up, there were six committees and three at-large members. So, I mean, personally I was very clear with the make-up of budget and finance prior to voting to pass the new structure. I'm not sure where the confusion was, but I remember it being discussed at length and we got lots of information regarding the make-up of the different committees. Thank you. Council Member Lane, and then we'll go back to Council Member Myers. Council Member Lane. Thank you. I also have mixed emotions about this, too. Perhaps it ought to be changed that the Vice Mayor points all the people to the committee, because this may not apply to current at-large council members, but we might have some at-large members in the future that really are not that knowledgeable about budget and finance and might not even want to serve on that committee. So to be stuck on there and you don't really care about it, that's another issue. Some unintended consequences might come out of the way we've written the ordinance. But I think right now I have a tendency to maybe lean towards George Myers' point, that we did spend a lot of time going over this and it was a tough vote and we did finalize it. So, you know, maybe we ought to not be changing it so quickly. We only had one meeting and we're already changing the rules. We don't even have the committee selected for budget and finance yet. So maybe we're going a little bit too fast. But, you know, I don't see any reason we couldn't put it on the docket and then, you know, we have some time to discuss the issue and then vote on it later. Thank you. Mr. Myers, you yield to Mr. McCord. Mr. McCord. Thank you, Mayor. You know, I had talked with the Vice Mayor about this, and at first blush, you know, again, I'm kind of of the mind that, hey, the more the merrier. But just in kind of watching the discussion here, what strikes me is, you know, this was a close vote to restructure government. I mean, it was an 8-7 vote. I voted not to do that, primarily for this reason, because I think that there's a lot of tinkering and changing that people have. What about this? What about that? But the one comforting part that I did have, Council Member Myers, and I told you that when I was voting no, that I would go along for six months with whatever it was, and that was my commitment to this new process, despite, you know, whatever personal feelings I had towards the new process. And so I'm kind of of the mind where you brought up, hey, this is we set it at this, maybe setting that benchmark at six months. I want to look at everything in six months anyway, but I tend to lean that way, and so I don't want to give the impression that I say one thing and do another. But coming up with this discussion tonight, I think that that's how I come down on this, is that we made a commitment to stick with things for six months, then take a look back. I don't think we go back and change and say, hey, it will be great that the Vice Mayor appoints this. This is what we did. You spent two years of your life putting this together, and it was voted very closely, but it did pass. And so I think that's where I come down on it, given this discussion. But I just want to say that publicly. Thank you. Council Member Beard. Thank you, Mayor. This question about waiting six months, obviously if the house is on fire, you're going to get the hose out and start working on it before the fire department comes. So if we have identified an issue, I think any time that we do and reach the point that we've got eight votes that also identify the same issue, that we need to change it at the moment. Thank you. Thank you, Council Member Beard. Council Member Myers and Vice Mayor Gordon. Thank you, Mayor. I think a couple of things were brought up that I think are important to note. One Council Member talked about, you know, if we make this change, maybe there's a couple of tweaks we can make. Another Council Member, actually, Council Member Beard is the one who we put this compromise in place for to look at it in six months. You're absolutely correct. If we have eight votes, we can do whatever the Council wants to do with the eight votes. But I lean more towards what Council Member McCord said was, and I agree with the fact that if we start tweaking this before we even get started, then where do the tweaks stop? That's why we reached the compromise and said, let's, you know, we hashed out this thing for two solid years, 24 months. We said, okay, let's put it in place, let's work it, let's tweak it, let's get good at it. And then in six months, if we find things that need to be changed, then we'll all be comfortable making those changes. To me, it's really dangerous, in a sense, to start changing it before we even get started. Because then we've opened the floodgate and the slippery slope, and instead of going through this process and trying to improve on what's already here, we automatically start wanting to change and tweak. And so over the next six months, we have a system that's kind of a hodgepodge of all kinds of stuff, because every other month we're changing something new. And then we get to the end of the six months, we want to look back. How can we really look back and judge whether or not this system is going to work properly if we haven't given it the chance? So I hope that my colleagues will hold with me on this thing after we've put two years of hard work into this thing, and at least let's try it for six months and go from there. Thank you. Council Member Gordon. Vice Mayor Gordon. It's okay. Thank you. Really, the reason I brought it was the concerns expressed. And since there were several people who felt that way, I thought it was worth trying. I agree with the feeling that we did agree in six months to review it. And in six months, we could make Budget and Finance a 10-person committee if we want to go back to that. And I personally think that would be a good idea. I think there was more discussion about the six standing committees and limited discussion about Budget and Finance. But given, you know, I really do agree that we agreed to review in six months, and so I would like to put this item on the list for review in six months and perhaps change. And so with that, I'm going to go ahead and withdraw the motion and bring it back in May or June. The motion is acceptable to you, Council Member Blues. All right. Motion is then withdrawn. Are there other walk-ons? I think Council Member Stennett. Thank you, Mayor. I move to place on tonight a docket, a resolution authorizing the Mayor or his designee to submit applications and execute any necessary agreements with the Federal Communications Commission for use of various VHF frequencies by the Division of Fire and Emergency Services at a cost not to exceed $1,000. Second. Motion by Council Member Stennett, seconded by Council Member McCord. Is there any discussion regarding the motion? If not, hearing none, all in favor, please say aye. Aye. All opposed, no. Motion carries. Any other walk-ons? Council Member McCord. Thank you, Mayor. I have three motions for walk-on tonight for first reading. First is a resolution accepting the bid of Woodall Construction, and I want to say publicly that I misspoke on Tuesday. I did not name Woodall as the construction company that had Clay's Mill. I had another company on the top of my brain, and I kept saying it over and over, and I apologize. Woodall was the winning bidder. But I move to place on the docket tonight a resolution accepting the bid of Woodall Construction Company, Inc., in the amount of $3,569,321.10 for the Clay's Mill Road Improvement Project, Section 2A, and authorizing the Mayor to execute an agreement related to the bid. And we'll vote on that one, and then I'll go to the other two, if that's okay. Motion by Council Member McCord, seconded by Council Member Crosby. Is there any discussion related to the motion? Hearing none, all in favor, please say aye. Aye. All opposed, no. Motion carries. Thank you. At the request of the Administration, the second one is a resolution accepting the bid of W. Rogers Company in the amount of $55,750 for secondary digester demolition and removal, and authorizing the Mayor to execute any agreement related to the bid. So moved. Motion by Council Member McCord, seconded by Council Member Farmer. Is there any discussion related to the motion? Hearing none, all in favor, please say aye. Aye. All opposed, no. Motion carries. Council Member McCord. The last is a resolution accepting the bid of Central Indiana Truck Equipment Corporation in the amount of $149,914 for rear-loading truck-mounted refuse body. So moved. Motion by Council Member McCord, seconded by Council Member Blues. Is there any discussion? Hearing none, all in favor, please say aye. Aye. All opposed, no. Motion carries. Thank you, sir. Are there any other motions? Council Member Henson. Thank you, ma'am. Council Member Blues. Sorry. Thank you, Mayor. At the request of the administration, because there are some time constraints on this issue, I'm moved to suspend the rules in order to give a second reading to number 14. So moved. We need to first read. Yes, please. Those walk-ons, please, and then we can do suspensions. I'm sorry. I didn't know there were more walk-ons. That's okay. Are there more walk-ons? All right. So now, Madam Clerk, please give us a first reading. Yes, sir. Thank you. Resolution number 26. Madam Clerk, can you hold on just a second? Yes, sir. Council Member Crosby has a question that might affect this reading. I was just curious. Was 25 walked on? I mean, when was it read to get walked on? 25 was walked on during the Committee of the Whole Work Session report. Oh, that's where it is. Okay. Yes, ma'am. We couldn't find it. Thank you. That's okay. This work in progress is progressing. This is good news. That's right. Madam Clerk. Okay. Are you ready? Yes. Resolution number 26. A resolution authorizing the Mayor or his designee on behalf of the Urban County Government to submit applications and execute any necessary agreements with the Federal Communications Commission for use of various VHF frequencies by the Division of Fire and Emergency Services at a cost not to exceed $1,000. Number 27. A resolution accepting the bid of Woodall Construction Company, Incorporated, in the amount of $3,569,321.10 for the Clay's Mill Road Improvement Project, Section 2A, for the Department of Public Works and Development, and authorizing the Mayor on behalf of the Urban County Government to execute an agreement with Woodall Construction Company, Incorporated, related to the bid. Number 28. A resolution accepting the bid of W. Rogers Company in the amount of $55,750 for secondary digester demolition and removal for the Division of Water Quality and authorizing the Mayor on behalf of the Urban County Government to execute any necessary agreement with W. Rogers Company related to the bid. And number 29. A resolution accepting the bid of Central Indiana Truck Equipment Corporation in the amount of $149,914 for a rear-loading truck-mounted refuse body for the Division of Facilities and Fleet Management. Thank you, Madam Clerk. Thank you. That's all. Council Member Blues. Thank you, Mayor. I move to suspend the rules in order to give second reading to number 14. Council Member Blues has asked through a motion to suspend the rules to give a second read to number 14 and seconded by Council Member Ellinger. Is there any discussion? Hearing none, all in favor, please indicate by saying aye. Aye. Opposed, no. Motion carries. Council Member Lawless. Yes, at the request of the Administration, I'd like to suspend the rules and give a second reading to number 13. All right. Number 13. Are there any additional? Okay. 13. Council Member Farmer. Thank you, Mayor. I would like to, again, at the behest of the Administration, add resolution number 11 for a second reading. Please, sir. Number 11. All right. Council Member Crosby. Thank you, Mayor. I'd like, sorry, Madam Clerk, number 20. Many of these people are already in these positions. Thank you. I asked Law. Thank you. Council Member McCord. Thank you, Mayor. A couple of requests for second reading. Second reading number 17, number 26, 27, 28, and 29. Please. So moved. 17, 26, 27, 28, and 29. Yes, sir. All right. Thank you, sir. Any additional motions? All right. So I have number 13, 11, 20, 17, 26, 27, 28, and 29. And 14, Mayor. And 14. I think we already took a motion on that. Council Member Martin. Thank you, Mayor. I request a second reading on item 25 so that the Neighborhood Association can proceed with the repair of its playground. So moved. Okay. Motion carries. Item number 25. I'll take a motion then for what we can vote now on all of them. Right? We don't need a second. We've already. All right. So what we're doing is voting to give a second read to these that I've called off. All right? All in favor, please indicate by saying aye. Aye. All opposed, no. Motion carries. All right. Resolution number 11. Resolution number 11. For second reading, a resolution authorizing the Mayor on behalf of the Urban County Government to execute a grant agreement with the Cabinet for Economic Development, the State Property and Buildings Corporation and Tiffany & Company to accept grant funds in the amount of $300,000 to be provided to Tiffany & Company for expenditures related to its facility in Fayette County at no cost to the Urban County Government. Number 13. A resolution authorizing the Mayor on behalf of the Urban County Government to execute an agreement with Blue Grass Energy Corporation at a cost not to exceed $2,968 to install and monitor five LED streetlights as part of the government retrofit activity services under the Energy Efficiency and Conservation Block Grant Program. Number 14. A resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an agreement with AMEC, Earth and Environmental Incorporated for brownfield site assessment services at a cost not to exceed $140,220. Number 17. A resolution authorizing the Mayor on behalf of the Urban County Government to execute change order number one, final to the contract with ADE Contracting Incorporated for Legacy Trail, Kentucky Horse Park Trail project, increasing the contract price by the sum of $8,509.10 from $166,931.50 to $175,440.60. Number 20. A resolution ratifying the probationary civil service appointments of Jeffrey Sheffer, public service worker, senior, grade 107N, 14.217 hourly in the Division of Water Quality, effective November 22, 2010. Connie Hay, staff assistant senior, grade 108N, $16 per hourly in the Division of Purchasing, effective January 17, 2011. Kathleen Hicks, administrative specialist, senior, grade 112N, 22.213 hourly in the Division of Revenue, effective January 3, 2011. Vincent Davis, public service worker, senior, grade 107N, 13.299 hourly in the Division of Streets, Roads, and Forestry, effective upon passage of counsel. Ratifying the permanent civil service appointments of Reginald Lyons, Tim Halfley, Larry Green, Lisa Spillman, equipment operator, senior, grade 109N, in the Division of Waste Management, effective December 28, 2010. Michael LeMaster, enforcement officer, grade 110N, in the Division of Waste Management, effective November 24, 2010. Approving the unclassified civil service appointments of John Walker, eligibility counselor, grade 110E, $1,615.52 bi-weekly in the Division of Family Services, effective upon passage of counsel. Karen Colbert, eligibility counselor, grade 110E, $1,309.84 bi-weekly in the Division of Adult and Tenant Services, effective upon passage of counsel. Jamie Emmons, executive assistant to the mayor, grade 122E, $3,461.54 bi-weekly in the office of the mayor, effective January 3, 2011. Susan Straub, senior administrative aide to the mayor, grade 120E, $3,192.31 bi-weekly in the office of the mayor, effective January 3, 2011. Jeff Reeds, senior administrative aide to the mayor, grade 120E, $3,192.31 bi-weekly in the office of the mayor, effective January 3, 2011. Jennifer Mazzotti, senior administrator of aide to mayor, grade 120E, $3,192.31 bi-weekly in the office of the mayor, effective January 3rd, 2011. Marian Zeitlin, administrative aide to the mayor, grade 118E, $2,192.31 bi-weekly in the office of the mayor, effect of January 3rd, 2011. Melissa Lugar, administrative aide to mayor, grade 118E, $2,500.00 bi-weekly in the office of the mayor, effective January 3, 2011. Maureen Watson, administrative aide to the mayor, grade 118E, $2,307.69 bi-weekly in the office of the mayor, effective January 3, 2011. Linda Taylor, administrative specialist principal, grade 114E, $1,846.15 bi-weekly in the office of the mayor, effective January 3, 2011. Lori Houlihan, administrative specialist senior, grade 112N, $20.481.00 hourly in the office of the mayor, effective January 3, 2011. Hilary Perein, administrative specialist senior, grade 112N, $18.481.00 hourly in the office of the mayor, effective January 3, 2011. John Wilkinson, administrative specialist senior, grade 112N, $19.952.00 hourly in the office of the mayor, effective January 3, 2011. Shantae Hall, administrative specialist senior, Grade 112N, $18.481.00 hourly in the office of the mayor, effective January 3, 2011. Approving the unclassified civil service appointments to the office of the Urban County Council of Tiffany Tatum, aide to council, grade 000E, $2,000.00 bi-weekly in the council office, effective January 3, 2011. Melinda Milburn-Jabinson, aide to council, grade 000E, $2,000.00 bi-weekly in the council office, effective January 3, 2011. Andrea James, aide to council, grade 000E, $2,057.69 bi-weekly in the council office, effective January 3, 2011. Ralph Codiron, aide to council, grade 000E, $2,057.69 bi-weekly in the council office, effective January 3, 2011. And number 25. A resolution authorizing the mayor, on behalf of the Urban County Government, to execute an agreement with Palomar Hills Community Association, Incorporated, $1,000.00 for the office of the Urban County Council at a cost not to exceed the sum stated. Number 26. A resolution authorizing the mayor or his designee, on behalf of the Urban County Government, to submit applications and execute any necessary agreements with the Federal Communications Commission for use of various VHF frequencies by the Division of Fire and Emergency Services at a cost not to exceed $1,000.00. Number 27. A resolution accepting the bid of Woodall Construction Company, Incorporated, in the amount of $3,569,321.10 for the Clays Mill Road Improvement Project, Section 2A, for the Department of Public Works and Development, and authorizing the mayor, on behalf of the Urban County Government, to execute an agreement with Woodall Construction Company, Incorporated, related to the bid. Number 28. A resolution accepting the bid of Rogers Company in the amount of $55,750.00 for secondary digester demolition and removal for the Division of Water Quality, and authorizing the mayor, on behalf of the Urban County Government, to execute any necessary agreement with W. Rogers Company related to the bid. And number 29. A resolution accepting the bid of Central Indiana Truck Equipment Corporation, in the amount of $149,914.00 for rear-loading truck-mounted refuse body for the Division of Facilities and Fleet Management. And that's it. Thank you, Madam Clerk, and please call the roll. We need a motion for the approval of the motion. Motion to approve. Second. Motion by Council Member Ellinger, second by Vice Mayor Borton. All in favor, please say aye. Aye. All opposed, no. Motion carries. Madam Clerk, we can vote on this first, and then take the, how about that? We're going to have two more, a couple more walk-ons, it looks like. It is appropriate to vote on these. Go ahead and take care of this while you're at it, and then we can do the other two. All right. Go ahead. Ms. Crosby? Yes. Mr. Ellinger? Yes. Mr. Farmer? Yes, ma'am. Mr. Ford? Yes. Ms. Gorton? Aye. Ms. Henson? Yes. Mr. Kaye? Yes. Mr. Lane? Yes. Mr. McChord? Yes. Mr. Myers? Yes. Mr. Stennett? Aye. Mr. Beard? Aye. And Mr. Blues? Yes. Thank you. Council Member Crosby. Thank you, Mayor. It's been brought to my attention by law that we need to probably get a second reading on number nine, because this agreement started at the beginning of the month, and then also number 22, because this is a state transportation project that they need a settlement agreement on. So I'm going to make a motion that we suspend the rules and get a second reading on those two items. Second. A motion by Council Member Crosby, seconded by Vice Mayor Gorton. Is there any discussion? Hearing none, ready for a vote. All in favor, please say, no, no, no. Suspend. Yeah, to suspend the rules, yes. All in favor, please say aye. Aye. All opposed, no. Motion carries. Thank you, Madam Clerk. Resolution number nine. A resolution authorizing the Mayor, on behalf of the Urban County Government, to execute an agreement with the Commonwealth of Kentucky's Department of Housing, Buildings, and Construction to provide heating and ventilation and air conditioning, HVAC permitting, and inspection services in Fayette County for the Department pursuant to KRS 198B.060 and KRS 198B.663 at no cost to the Urban County Government. And number 22. A resolution authorizing the Mayor, on behalf of the Urban County Government, to execute a settlement agreement with the Kentucky Transportation Cabinet and LaDonna L. Coble and James F. Fields related to property located at 2701 Leastown Road. Is that it? All right. Motion to approve. Motion to approve by Vice Mayor Gorton, seconded by Council Member Ellinger. Is there any discussion? All in favor, please say aye. Aye. All opposed, no. Motion carries. Now roll call. Right. We'll get this right after a while. Ms. Crosby? Yes. Mr. Ellinger? Yes. Mr. Farmer? Yes, ma'am. Mr. Ford? Yes. Ms. Gorton? Aye. Ms. Henson? Aye. Mr. Lane? Yes. Ms. Lawless? Yes. Mr. Martin? Yes. Mr. McCord? Yes. Mr. Myers? Yes. Mr. Stinnett? Aye. Mr. Beard? Aye. And Mr. Blues? Yes. Thank you. These motions pass. That's it. Next on the agenda is there's no motion required for the report. Division of Building Inspection for the fourth quarter is noted. For information only, Roman numeral nine, communications from the mayor. No motion is necessary here either. It's for information only. Next on our agenda are announcements. Do any council members have announcements? Council Member Beard? Loosely identified as an announcement. I just counted on my fingers how many days we have left in this six months, 168 days left. And at least on two occasions during the previous six months, I had asked about reports or some type of communication to us about the success that general services was having in the sale of real estate. And we may need to go into closed session to have any type of meaningful discussion about that. But I think we need to put the pedal to the metal as far as this issue is concerned and sooner rather than later. We can caucus on this as to how we go about doing that later, but I just wanted to get it out there. Thank you, Mayor. Thank you, Council Member Beard. I've been thinking about the same question myself. Council Member Stennett? Thank you, Mayor Gray. I appreciate it. Just one probably I should have reminded myself Tuesday to also thank another division that really takes part in our streets and roads efforts in clearing the snow. And I want to thank all our guys at the Sanitary Sewer Division. I don't think any of us mentioned them, but they actually plow, Sam, I think 40% of the city, maybe, roughly. So, you know, they deserve some recognition, too, out there. I know they work hard and try to stay prepared on the snow plans. So I also want to give those guys some recognition out there, as well as there's been several emails, Sam, I just want to tell you here in the room that we've received in my office how great a job everyone is doing. I know we usually, you and I usually get the negative calls, but we got several today. And I appreciate your efforts. And buy more salt because we better be ready for the forecast. One other group I'd like to mention, too, Councilman, if I can, is the folks at Fleet. They support us whenever we're working. So those are another group that the city that's there for us, too. Thanks, Sam. Thank you, Mayor. Yes, sir. Councilman Martin. Thank you, Mayor. And I second the appreciation for our folks. They're working hard, and the roads look great, and we appreciate everything they're doing. Mayor, because of the new format, you know, there really wasn't an opportunity to do this. But I guess, along with everyone else, we wanted to congratulate you on your first meeting as Mayor of the City of Lexington. Thank you, Doug. Thank you, sir. That's all I have. Thank you very much. I thought you were going to say survive in the first 10 days there. Thank you. Thank you. Anyone else? Councilmember Lawless. Yes. Thank you, Councilmember Stennett, for bringing that up. I've had quite a few calls, and thank you to all the folks in Streets and Roads, et cetera. I know you all have been working really hard. But I've had quite a few people call me or express concern about sidewalks, and they are surprised when I tell them it's the property owner's responsibility to clear the sidewalks. It is not a function of the government. So I just want to let people out there know you're supposed to shovel your sidewalk, I think, by a certain time today. The snow falls. I'm not quite sure what time. But it is the responsibility of the property owner, not the city. So please shovel your sidewalks so little ladies like me don't fall down and break my neck. Thank you. Vice Mayor Gordon. Just a P.S. to Councilmember Lawless's comment. Normally I would maybe e-mail this or call someone, but after Streets and Roads and all of our employees, sanitary sewers, et cetera, spent all their time and effort clearing the roads, one of the things that I noticed was people blowing the snow off the sidewalks into the road. And this happened on our very own Main Street in front of the government building. And it was a little distressing to me to see that we had spent effort to clean the road and then people were blowing the snow off the sidewalks back into the road. So, Mayor, I bet you can fix that. I bet we can work on it. Thank you. Yes, ma'am. I'll do a ditto to what others have said already tonight. Sam, thanks for coming out and representing your guys. I got a snow briefing, my first one this week, and what was really amazing was how much you guys are sort of built into your DNA now and going out to Streets and Roads one morning this week and seeing how reactions and actions are almost instinctive in conditions like this, and we all appreciate it. Thank you. Thank you. Thanks very much. I know that Assistant Chief Newton has a disciplinary action that we need to. Chief Boggs, good. While you're on the way up here, Chief, I was going to say I want to thank, with these changes that we are navigating through in our protocols, our procedures, with respect to the council and the administration and some new folks on deck, I just want to acknowledge those who have been working hard on this, including Jennifer Massotti, including Susan Lamb. Glenda, you've worked hard on this. Lots of folks are behind the curtain, the council office, and if I've missed somebody, as I'm sure I have, I apologize for that. But I just want to acknowledge that there's a lot of heavy lifting that goes on behind the curtain so that these meetings of ours can proceed reasonably smoothly. So thank everyone for that. Chief, thank you, sir. Thanks. Two agreements of conformity to read. The first is the Agreement of Conformity by Officer John C. Tucker, Violation of General Order 73-2H, Operational Rules, Section 1.13. The appropriate punishment for this conduct is written reprimand and loss of home fleet privileges for 80 hours. The second Agreement of Conformity, Officer Kevin Jones, Violation of General Order 73-2H. Chief, excuse me just a second. I'm told that the appropriate protocol here is that we take them one at a time. I'll take a motion on it, so thanks very much. Second. There's a motion by Council Member Ellinger and a second by Vice Mayor Gordon to approve the disciplinary action as proposed. Is there any discussion? Hearing none, please all indicate. In favor, please indicate by saying aye. Aye. Opposed, no. Motion carries. Chief, thank you. Second Agreement of Conformity with Officer Kevin Jones, Violation of General Order 73-2H, Operational Rules, Section 1.13. The appropriate punishment for this conduct is a written reprimand and loss of home fleet privileges for 80 hours. Move approval. Second. Motion by Vice Mayor Gordon and a second by Council Member Crosby to approve the action. Is there any discussion? Hearing none, all in favor, please say aye. Opposed, no. Motion carries. Chief Boggs, thanks so much. All right, next on our agenda and finally on our agenda tonight is public comment. And I have Mr. Jim Arisman. Mr. Arisman? Is Mr. Arisman here? I don't know if I'm pronouncing that correctly, but if I'm not. Oh, Jim, yeah. We've got you signed up for public comment. No? This was just then you were signing up as a visitor. Thank you for visiting us tonight. Thank you, sir. All right. Is there anyone else? Oh, Robert, Mr. Dalton? It was too much encouragement there, wasn't it? All right. Thank you, Mayor. Robert Dalton, 520 Douglas Avenue. Get through that part. First thing, I just want to welcome everybody back, even those of you who may have been gone for a little bit of an extension way, and then also our new people, too. Welcome. Happy to see you. Second thing is I'm looking, same thing as last year, on House Bill Number 202, an issue about veterans. We've got a bill in front of the state legislature this year. We're trying to get some changes to this. Current law says that transitioning veterans who have truck driving experience in the past two years of their military service and want to get their Kentucky commercial driver's license can waive the skills driving portion of the test if they apply for the waiver within 90 days of discharge. This waiver only applies to Class B vehicles, such as buses and straight trucks. This bill, House Bill 202, will expand the law to include all classes of commercial vehicles and extend the deadline from 90 days to one year. To get your commercial driver's license, there's two parts of it. You have to take a written test once you pass that, then you have to take a skills driving test, and you have to provide the vehicle yourself. A lot of our veterans coming out of the service, most of them do not have a big truck available to them, and so their option is to go to an expensive truck driving school to get the skills that they already know how to do. So we have submitted this House Bill 202. I have talked with the chairman of the Transportation Committee on the House late this afternoon. He did say that the Transportation Committee would be hearing this and it would be passed through the House. There should not be any problem. We're asking those if you would contact the legislative message line. That phone number is on the papers there, 1-800-372-7181, and just leave a message for your senators, your local senators, the Transportation Committee members in the Senate, and tell them you want them to vote for House Bill 202 to help the veterans. We really need this help. We tried sending it through last year through the Senate. It was held up by some certain members of the Senate, and so we've tried it through the House this time, and I'm really pushing hard on this and asking for everybody's help and all the veterans across the state to try and get this to help our veterans. Lastly, last May there was something that came up with the city where the city ended up having to sue itself, concerning about risk management. One of our council members went and said we need to know more information about this because the mayor was not giving enough information, was hiding stuff, as we always say. It smells like a fish. You know, it must be a fish, so I just want to commend Councilwoman Crosby for taking the initiative and working very hard and being a true public servant. Mr. Pelton, thanks very much. The time has expired. You were right on the button almost. Thank you, sir. Is there anything further to come before the council? If not, the chair will entertain a motion to adjourn. Second. Motion and a second. All in favor, please say aye. Aye. All opposed, no. We are adjourned. Thank you all. Thank you. Thank you.
