Music That microphone is really working tonight. Hello everybody. Welcome to the meeting of the Lexington Fayette County Council. I'll call the meeting to order and ask our clerk to call the roll. Mr. Blues? Here. Ms. Crosby? Mr. Ellinger? Here. Mr. Farmer? Yes, ma'am. Mr. Ford? Here. Ms. Gordon? Here. Ms. Henson? Here. Mr. Kay? Mr. Lane? Here. Ms. Lawless? Mr. Martin? Here. Mr. McCord? Here. Mr. Myers? Here. Mr. Stinnett? Yes, ma'am. And Mr. Beer. President. Thank you. Thank you, Madam Clerk. For our invocation tonight, I'll ask everyone, if you would, stand for a moment of silence. Thank you very much. Just for the Council's awareness, Rabbi Mark Klein has been generous to arrange our invocations and was unable to do so for tonight's council meeting, but he is always working on our behalf for just that. Okay, well, tonight we have some important guests with us. They are champions. And I want to give credit for this to Terry Johnson, our own Terry Johnson, who heads up the Bluegrass Sports Commission. And Terry is president of the Southeastern Cal Ripken League, and he's also a proud father. And he's going to help me with this presentation, but if you all allow me, I'm going to come around to the podium. and we'll get this going. All right, sir. Okay. Well, Hillary, where is Hillary? Hillary has done some choreographing of this. So we've got the Southeastern Lexington Cal Ripken League. They sent two teams to the World Series in August. And so, guys, okay, we've got the 10-year-old All-Stars coached by, we need a drumroll here, don't we? Coached by Mark Blythe and Johnny Deaton and Mike Huckel. and they decided being the best in the city wasn't enough. Then they decided being the best in the state wasn't enough. So they won the Ohio Valley Regional Tournament to earn a trip to the Ripken League World Series and they won it. So now we can say they are the best in the world. Congratulations, guys. Thank you. Thank you. Thank you. Thank you. Okay, y'all got standing ovation from the council. Guys, don't even think about sitting down yet. The 12-year-old Stars took a similar path winning the state, the regional, and national championships, coming up just a few innings short in the World Series against Japan. And what an amazing team. Coached by Donnie Covington, Jason Berg, and J.P. McCoy, The team finished the 2011 season 29-2. So thanks, all of you guys, for representing the city of Lexington so well on this incredible international stage. Congratulations to all the parents, the players, and the coaches. And now I get to turn the microphone over to Terry Johnson. Whoops. I'm going to do this first. Okay, this is the proclamation. proclamation southeast lexington cal ripkin 10 year old all stars day this is for you guys okay we're going to get terry you all right thank you sir and we got the same proclamation for the 12 year olds coach thanks buddy there you go thank you sir thanks all right we're going to get pictures now hold on mark but i'm going to turn it over to terry johnson i already said that Terry heads our, as folks in the government know, heads our Bluegrass Sports Commission. He's also president of the league. And he's a proud father of Drew. And he's going to introduce all the players. Got it? I will. This, by the way, y'all, this is Terry's whole doings, his whole idea. We really appreciate it. Thank you, Mr. Mayor, and I appreciate it. Also, I'm the proud father of Matthew, who's actually on the team, and Drew. So I'm sure that just caused an interesting conversation later. Mr. Mayor, members of the council, I want to thank you for taking time to honor these young men for their extraordinary accomplishments. And I will be expedient in this, but we do want to read off the names of each player. This, first for the 10-year-olds, who, as the mayor mentioned, won the 10-year-old Cal Ripken World Series in Winchester, Virginia, with teams from all over the country. The final record for the summer was 33-2. And I want to recognize each player. Just raise your hand, guys, when I read off your name. Devin Huckel. Colin Burgess. Noah Blythe. Trevor Rector. Dylan Cook. Jalen Cooper. I don't know this young man's name. Oh, Matthew Johnson. Sam Wise. Joe Haney. Blaine Deaton, who is also the World Series' most valuable player. Matt Guilfoyle. Clayton Cruz. And you've already met Coach Huckel, Coach Deaton, and our head coach, one of Lexington's finest firefighters, Mark Blythe. A round of applause. Thank you, guys. our 12 year old World Series team did something that no team at Southeastern has ever done they were not only the state champions and Ohio Valley regional champions but they also won the U.S. championship in the Cal Ripken World Series in Aberdeen, Maryland at Cal Ripken's facility they finished the summer at 29-2 and they were the first team from Southeastern Lexington first team from this area to win the United States championship by beating Hawaii before coming up just short in the world championship against Japan. So I will read off the names of players first that are here. Kanan Bibb Zach Bryant C.J. Bush Kalen Covington Austin Dick who is also the World Series most outstanding player Chandler Dunn Chandler not here tonight Aiden Elias Parker McCoy Ben Wilcoxson and Nick Turner was the bat boy who was unable to be here with us. Jackson Bierman, Stephen Bender, Tyler Berg, and as I mentioned, Chandler Dunn were unable to be here. But they're joined by their coaches, Donnie Covington, the head coach, Jason Berg, and J.P. McCoy as assistants. A round of applause for these gentlemen for all they've done. So thank you, City Council, and thank you, Mr. Mayor, for taking a few moments to honor these young men. Hey, Terry, thank you. Okay, guys, we're going to get some pictures here, and Chris is going to take them. What about Hillary? What about the 10-year-olds? What about you guys getting in front of the 12-year-olds? And that way we can have two lines. And then opportunity for our city council. There's some council members here who have a real history of ball playing. Right? Council Member Ford? Yeah. McCord? And Stinnett over there? All right. How about we can just line up behind them? Okay. So 10-year-olds. Okay. Yeah. Help me. Thank you. Here we go. Three, two, one. One more time. Three, two, one. Excellent. Thank you all. Thank you all. Thank you. Mark, thank you all so much. Thank you. Thank you very much. Thanks, y'all. Thanks so much. All right. We'll give a chance to clear out here. Thank you all again. Thank you. give us a second reading on the ordinances, please, ma'am. Certainly. Ordinance number one, an ordinance changing the zone from a single-family residential R1D zone to a planned neighborhood residential R3 zone for 5.0 net, 5.74 gross acres with a conditional use permit for property located at 564 Asbury Lane, a portion of subject to certain use restrictions imposed as conditions of granting the zone change DMK Development Group, LLC. Number two, an ordinance amending Article 177E6 of the zoning ordinance to allow a third wall-mounted identification or business sign for buildings with two street frontages within a professional office project in the professional office P1 zone. Number three, an ordinance amending Subsection 17148A of the Code of Ordinances of the Lexington Fayette Urban County Government to limit enforcement to those defects which create a hazard to public safety and to provide for the adoption of enforcement regulations by the Urban County Council and amending subsection 17152B of the Code to decrease the maximum civil penalty from $1,000 to $500. Number four, 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 41. I believe there's a motion on number five. Council Member Stennett. Thank you, Mayor. We passed this on Tuesday, but to do it tonight would formalize it, so I'll do it again tonight. I move to amend item number five under second readings pertaining to fireworks and add the following language as a second sentence to subsection 9A-3B. The approval of display fireworks by the Commissioner of Public Safety or his designee may include the following of providing of a variance from restrictions imposed by section 9A-4B, The impact of the noise and any benefit to the community from the display fireworks must be taken into consideration prior to the issuance of any variance. This is not a material change that would not require a new first reading. So moved. Second. Motion by Council Member Stinnett, second by Vice Mayor Gordon. Is there any discussion on the motion? Okay. All right. Hearing none, we can vote. All in favor, please indicate by saying aye. Aye. All opposed? No. Motion carries. Thank you, Mayor. Thank you. Council Member Stenney. Ordinance No. 5, as amended, an ordinance creating and enacting Chapter 9A of the Code of Ordinances of the Lexington-Fayette Urban County Government pertaining to fireworks and, more specifically, creating Section 9A1 of the Code, providing for a title, creating Section 9A2 of the Code, defining ancillary fireworks retailer, consumer fireworks, fireworks, permanent fireworks retailer, and seasonal fireworks retailer, Creating Section 9A3 of the Code, prohibiting use or sale except as provided in ordinance, and providing additional requirements for use or sale of non-consumer and display fireworks. Creating Section 9A4 of the Code, providing for compliance with applicable federal, state, and local laws, providing for use between 10 a.m. and 10 p.m. only, except on December 31st, July 3rd, July 4th, or officially recognized Independence Day, when use allowed until 12 a.m. Prohibiting possession or use by persons under the age of 18 years, prohibiting use within 200 feet of any structure, motor vehicle, or any other person or during a ban on burning, providing for compliance with KRS 227.752 storage notification, and providing for responsibility for resultant trash and debris, creating Section 9A5 of the Code, providing for retail fireworks permit and application process, including information on applicant in sight, proof of other compliances and approvals, and insurance coverage and payment of permit fees per location of $500 for seasonal fireworks retailer or renewal of permanent fireworks retailer and $2,500 for initial permanent fireworks retailer. Creating Section 9A6 and 9A8 of the Code, providing for restrictions on permittees and or retailers, including display of permit, no sales to or by those under the age of 18 years, and sales between 8 a.m. and 10 p.m. only. Creating Section 9A7 of the Code, providing for a suspension or revocation of permits. and creating Section 9A9 of the Code, providing for penalties for violations not to exceed $1,000, 30 days imprisonment, or both, with a minimum fine of $500 for violations not related to Sections 9A4A through E or G, and a minimum fine for all other violations of $100 for first offense, $200 for second offense within 12 months, and $500 for a third or greater offense within 12 months, all effective on January 1, 2012. Ordinance No. 6 and Ordinance Amending Sections 4, 12.3E, 421D, and 421.1 of the Code of Ordinances relating to the Spay and Neuter Fund and Grant Program to permit an agency designated by the Department of Public Safety to operate and administer the program and to retain a portion of license and redemption fees for funding the program. Thank you, Madam Clerk. Is there a motion to approve the ordinances? No motion. Motion by Council Member Myers, second by Council Member Beard. Is there any discussion on the motion? All right. Hearing none, then I will ask the clerk to please call the roll. Mr. Blues? Yes. Mr. Ellinger? Yes. Mr. Farmer? Yes, ma'am. Mr. Ford? Yes. Ms. Gorton? Aye. Ms. Henson? Yes. Mr. Kay? Yes. Mr. Lane? Yes. Ms. Lawless? Yes. Mr. Martin? Yes, but no one five. Mr. McCord? Yes. Mr. Myers? Yes. Mr. Stenet? Yes, ma'am. And Mr. Beard? All right. Thank you. Thank you. The vote reflects passage on the motion and approval of the ordinances. All right. Madam Clerk, whenever you're ready, please give the first reading on ordinances. Ordinance number seven, 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 43. Number eight, an ordinance creating and establishing for bid a non-exclusive telecommunications franchise for the placement of facilities for the generation, transmission, distribution, and sale of telecommunications services within the public rights of way of Fayette County for a 12-month duration, with an additional extension of time not to exceed six months if a long-term franchise is not offered prior to expiration, and providing for compliance with other relevant laws, regulations, standards, and ordinances, definitions, work, materials and construction standards, wire moving and tree trimming, performance bonds, indemnification, insurance, access to property and inspections, notice of filings with the Public Service Commission, no vested rights, limited assignment, notice of foreclosure and bankruptcy, cancellation or termination, violations and penalties, permitting and inspection fees, additional permitting and other requirements for substantial new construction, and bid requirements, all effective on date of passage. Number nine, an ordinance approving the Department of General Services policies and procedures for usage of all facility space owned by the Lexington Fayette Urban County Government, expressing the Urban County Council's authority to review and approve all leases and sub-leases, and authorizing the Department of General Services to manage the leased facilities, providing that all tenants shall pay rent and enter into a standard lease for use of facilities owned by Lexington Fayette Urban County Government, providing that the stated rental amount for all facilities shall be fair market value, providing that all tenants shall pay their operating expenses, including but not limited to utilities, insurance, maintenance, janitorial services, and repairs, providing that the Urban County Council shall consider grants and subsidies to tenants in the annual budgeting process, and providing that all leases expire on the same date. And number 10, an ordinance amending Section 2152 of the Code of Ordinances, creating one position of Safety Specialist, Grade 115E, and creating one position of Administrative Specialist Senior, Grade 112N, in the Division of Waste Management and appropriating funds pursuant to Schedule number 42. Mayor, if I could get the Council to entertain a motion to suspend the rules on number 8, it would be appreciated. We have three meetings left this year, and we need to go ahead and advertise that so that we don't have a lapse in the telecommunications franchises. Move approval. Second. Oh, okay. Motion by, motion by, yeah, there's a race for that one. Motion by Council Member Ellinger, second by Council Member Myers. Is there any discussion on the motion? All right. We can vote on it then. All in favor, please say aye. Aye. All opposed, no. Motion carries. Madam Clerk. Ordinance number eight for second reading. An ordinance creating and establishing forbid a non-exclusive telecommunications franchise for the placement of facilities for the generation, transmission, distribution, and sale of telecommunications services within the public rights of way of Fayette County for a 12-month duration with an additional extension of time not to exceed six months if a long-term franchise is not offered prior to expiration and providing for compliance with other relevant laws, regulations, standards, and ordinances, definitions, work, materials, and construction standards, wire moving and tree trimming, performance bonds, indemnification, insurance, access to property and inspections, notice of filings with the Public Service Commission, no vested rights, limited assignment, notice of foreclosure and bankruptcy, cancellation or termination, violations and penalties, permitting and inspection fees, additional permitting and other requirements for substantial new construction, and bid requirements, all effective on date of passage. All right. Is there a motion by Councilman Ellinger to approve? Second. Second by Councilman Myers. Is there any discussion on the motion? All right. Hearing none, we can take a vote. All in favor, please say aye. This will need to be a roll call. Roll call. Sorry, sorry, sorry, sorry, sorry. Mr. Blues? Yes. Mr. Ellinger? Yes. Mr. Farmer? No, ma'am. Mr. Ford? Yes. Ms. Gorton? Aye. Ms. Henson? Yes. Mr. Kay? Yes. Mr. Lane? Yes. Ms. Lawless? Yes. Mr. Martin? Yes. Mr. McCord? Yes. Mr. Myers? Yes. Mr. Stennett? Yes, ma'am. And Mr. Beard? Aye. Thank you. Aye. All right. The vote reflects passage from the motion. Madam Clerk, whenever you are ready for a second read on resolutions, please go ahead. Resolution number one, a resolution accepting the bid of S&S Truck Tire Center establishing a price contract for truck tire retreading for the Division of Facilities and Fleet Management. Number two, a resolution accepting the bid of MMI of Kentucky in the amount of $78,424.82 for portable heating system for municipal recycling facility for the Division of Waste Management. 3. A resolution approving and adopting regulations for the Division of Code Enforcement for sidewalk violations, replacement, and repair pursuant to Section 17-148 of the Code of Ordinances of the Lexington-Fayette Urban County Government. 4. A resolution authorizing the Mayor on behalf of the Urban County Government to execute a memorandum of agreement with Federal Emergency Management Agency Integrated Public Alert and Warning System Program Management Office for management and utilization of various warning systems. Number five, a resolution authorizing the mayor on behalf of the urban county government to execute a customer services agreement with Windstream Communications, which is attached here to and incorporated herein by reference to provide ISDN dial tone service to the Division of Emergency Management 911, 229 East 3rd Street, at an annual cost not to exceed $6,000 plus any additional long-distance charges. Number six, a resolution changing the street names and property address numbers of 1 Imperial Court to 779 Newtown Pike, of 1765 Hatter Lane to 1781 Sharky Way, and of 1839 St. Ives Circle to 3849 Hidden Pond Road, changing the property address numbers of 336 and 372 Corral Street to 368 and 374 Corral Street, of 231 Elm Tree Lane to 217 Elm Tree Lane, of 770 Fox Industrial Road to 747 Fox Industrial Road, of 109 through 111 Church Street to 111 Church Street, and of 200 and 206 Burley Avenue to 208 and 202 Burley Avenue, and changing the street name of 786, 790, 794, and 798 Glendover Road to 786, 790, 794, and 798 Glendover Court, all effective 30 days from passage. Number seven, a resolution authorizing the mayor on behalf of the Irving County Government to execute an amendment to the management agreement with Meridian Management for courthouse facilities maintenance at a cost not to exceed $36,000. Number 8, a resolution ratifying the probationary civil service appointment of Beth Florence, accountant, grade 113E, 1656.40 biweekly in the Division of Accounting, effective upon passage of counsel, approving the probationary sworn appointments of Gary Harris, fire lieutenant, grade 315N, 17.786 hourly, Carrie Bowling, Fire Captain, Grade 316N, 23.039 hourly. Andrew Aro, Fire Major, Grade 318E, 3,521.79 biweekly in the Division of Fire and Emergency Services, effective September 29, 2011. Number 9, a resolution authorizing the Mayor on behalf of the Urban County Government to execute engineering services agreements with EA Partners, PLC, Integrated Engineering, PLLC Nesbitt Engineering Incorporated Palmer Engineering CDP Engineers Incorporated HDR Engineers GRW Engineers Incorporated and Tetra Tech Incorporated for stormwater and sanitary sewer projects for the Division of Water Quality. Number 10 A resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute agreements with Rabbit Run Stonewall Neighborhood Association, $600 Black Church Coalition of the Bluegrass, $1,225 Copperfield Neighborhood Association, $600 ACT Ministries $450 for the Office of the Urban County Council at a cost not to exceed the sum stated. Number 11, a resolution authorizing and directing the Division of Traffic Engineering pursuant to Code of Ordinances Section 1886 to install multi-way stop controls at the intersection of Belafonte Drive and East Lowry Lane. Number 12, a resolution authorizing the Mayor on behalf of the Urban County Government to execute a contract with the Lamar Companies for the production and installation of Smart 911 billboard advertisements for the Division of Emergency Management 911 at a cost not to exceed $5,650. Number 13, a resolution authorizing the mayor on behalf of the Irving County Government to execute an advertising space rental contract and any other necessary documents with advertising vehicles for Smart 911 advertisements to be placed on LexTran buses for the Division of Emergency Management 911 at a cost not to exceed $6,535. Number 14, a resolution authorizing the Department of Environmental Quality and Public Works on behalf of the urban county government to renew the contract with Bluegrass Pride for the Environmental Public Education Program for a period of one year at no additional cost to the urban county government. Number 15, a resolution authorizing and directing the mayor on behalf of the urban county government to execute a lease agreement with Nursing Home Ombudsman Agency for space in the Senior Citizen Center, 1530 Nicholasville Road. Number 16, a resolution authorizing and directing the mayor on behalf of the urban county government to execute an auction listing contract with Schrader and Robertson Commercial Auctioneers, LLC, for disposal of surplus properties that have been unsuccessfully advertised for bid at 10% of the gross selling price. Number 17, a resolution authorizing the mayor on behalf of the urban county government and its Division of Historic Preservation to concur with the memorandum of agreement among the Kentucky Finance and Administration Cabinet, the Kentucky Community and Technical College System, Bluegrass Community and Technical College and the Kentucky State Historic Preservation Office regarding the development of a Bluegrass Community and Technical College, Newtown Pike Campus in Lexington, Fayette County, Kentucky. And number 18, a resolution approving an amendment to the Addendum to the Purchase of Service Agreement with Chrysalis House to permit Chrysalis House to use the remainder of funds provided in the agreement for fiscal year 12 for the treatment of women with substance abuse issues and mental health disorders. Move approval. Second. Motion by Vice Mayor Gordon, seconded by Council Member Ellinger. Is there any discussion on the motion? All right. Hearing none, Madam Clerk, will you please call the roll? Mr. Blues? Yes. Mr. Ellinger? Yes. Mr. Farmer? Yes, ma'am. Mr. Ford? Yes. Ms. Gorton? Aye. Ms. Henson? Yes. Mr. Kay? Yes. Mr. Lane? Yes. Excuse me. Ms. Lawless? Yes. Mr. Martin? Yes. Mr. McCord? Yes. Mr. Myers? Yes. Mr. Stennett? Mr. Beard? Present. Aye. I'm one of those things. Thank you. Thank you. All right. The vote reflects passage of the motion. All right. Next. Next, Meredith, whenever you're ready. Resolutions requiring a first reading. Resolution number 19, a resolution accepting the bid of Staples Contract and Commercial Incorporated operating a Staples Advantage establishing a price contract for office supplies for all departments and divisions of Lexington Fayette, Urban County Government. Number 20, a resolution accepting the bid of Advanced Mulching Technologies Incorporated doing businesses eco-grow in the amount of $90,827.80 for the McConnell's Trace Green Waste Restoration Project for the Division of Engineering and authorizing the mayor on behalf of the Urban County Government to execute an agreement with Advanced Molting Technologies, Inc., doing business' eco-grow related to the bid. Number 21, a resolution accepting the bids of Municipal Equipment, Inc., Central Indiana Truck Equipment Corporation, Refuse Parts Depot, LLC, Easy Pack Manufacturing, LLC, establishing price contracts for refuse collection truck parts for the Division of Facilities and Fleet Management. Number 22, a resolution accepting the bid of Republic Services of Kentucky, LLC, establishing a price contract for transportation of leaf and yard waste for the Division of Waste Management. Number 23, a resolution authorizing the Division of Human Resources to make a conditional offer to the following. Allison Murrell, Administrative Specialist Senior, Grade 112N, 17.198 hourly in the Department of Law. James Gillis, Engineering Technician Principal, Grade 115E, 2000.64 biweekly in the Division of Engineering. Authorizing the beginning of the probationary civil service probationary period upon successful completion of a physical or medical examination as required, effective upon passage of counsel. Authorizing the Division of Human Resources to make a conditional offer to the following. Christian Johnson, Child Care Program Aid Part-Time, Grade 107 N, 10.691 hourly in the Department of Social Services. Melissa Cottle, Staff Assistant Senior, Grade 108 N, 11.655 hourly in the Office of the Coroner, effective upon passage of counsel. Number 24, a resolution ratifying the probationary civil service appointment of Gerald Parker, Trade Supervisor, Grade 113N, 25.013 hourly in the Division of Parks and Recreation, effective November 7, 2011. Ratifying the probationary sworn appointments of Clayton Roberts, Police Lieutenant, Grade 317E, 3025.14 biweekly, Matthew Greathouse, Police Sergeant, Grade 315N, 28.588 hourly, Todd Phillips, Police Sergeant, Grade 315N, 28.588 hourly in the Division of Police, effective upon passage of council. Number 25, a resolution authorizing the Mayor on behalf of the Urban County Government to execute an agreement with Bluegrass Community Action Partnership, Inc., $925, for the Office of the Urban County Council at a cost not to exceed the sum stated. Number 26, a resolution expressing the intent of the Irving County Government to accept Derby Landing into public right-of-way upon return of the amended subdivision plan with signatures of property owners and recording of the plan. Number 27, a resolution authorizing the mayor on behalf of the Irving County Government to execute change order number two to the contract with Marillia Design and Construction for the Lexington Streetscape Phase I Vine Street Project, increasing the contract price by the sum of $14,771.75 from $1,764,083.82 to $1,778,855.57. Number 28, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute and submit a grant application to the Kentucky Energy and Environment Cabinet 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 $138,921.33 Commonwealth of Kentucky funds are for continuation of the litter abatement program, the acceptance of which does not obligate the Urban County Government for the expenditure of funds in authorizing the mayor to transfer unencumbered funds within the grant budget. Number 29, a resolution authorizing and directing the mayor on behalf of the urban county government to accept a grant from the Kentucky Department of Military Affairs, Division of Emergency Management, which grant funds are in the amount of $119,108.21 federal funds, are for the support of emergency preparedness activities in Lexington Fayette County, the acceptance of which obligates the urban county government for the expenditure of $119,108.21 as a local match and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 30, a resolution authorizing the mayor on behalf of the urban county government to execute a partial release of detention easement, releasing a portion of a detention easement on property located at 158 Louis Place, 1700 Leestown Road. Number 31, a resolution authorizing the mayor on behalf of the urban county government to execute a release of easement, releasing a sanitary sewer easement, and a partial release of detention easement, releasing a portion of a detention easement on property located at 1758 Hatter Lane. Number 32, a resolution authorizing the mayor on behalf of the Irving County Government to execute a group sales agreement with Hyatt Regency Lexington for 2012 Bluegrass Invitational Tournament at a cost not to exceed $2,500. And number 33, a resolution authorizing the mayor on behalf of the Irving County Government to execute facility usage agreements with various youth fall baseball leagues for youth baseball. Thank you, Madam Clerk. Vice Mayor Gordon. Thank you, Mayor. I have three walk-ons. I move to place on the docket a resolution temporarily appointing Darylin Combs to the interim position of part-time citizens advocate, effective November 7, 2011, and continuing until a permanent appointment is made. That's a motion by Vice Mayor Borton, second by Council Member Lawless. Is there any discussion on the motion? Hearing none, we can ask for a vote. All in favor, please say aye. Aye. All opposed, no. Motion carries. Second. And, Council Members, this is the copier in the Council office, which is on its last gasp. and Jeanette Williams has negotiated with the copier people in conjunction with IT to get a replacement. I move to place on tonight's docket a resolution authorizing the mayor to execute a master maintenance and sales agreement and related documents with ICON Office Solutions, Inc. for a copier upgrade and related maintenance services for the office of the Urban County Council at a cost not to exceed $7,818 for fiscal year 12, based upon the projected number of monthly copies. Motion by Vice Mayor Gordon, second by Council Member Kaye. Thank you. Is there any discussion on the motion? Council Member Beard. Yes, Vice Mayor, is this a sales or is it a lease? I believe it's a lease. Jeanette can give you all kind of details. The copier on the council floor, the big copier that everybody uses, is about to die. The maintenance people have been there twice this week to keep it up and running, and so she's been working to get us a good, I believe this is a better deal, in fact, than we've got now. That's fine. It said a sales agreement, and I just wasn't sure what that meant. It's a lease, correct? Yeah. Thank you. Anybody else? Any further discussion? Okay, then we can take a vote. All in favor, please say aye. Aye. All opposed, no. Motion carries. And then finally, the council had its confirmation hearing today for the Commissioner of General Services, and so I would like to walk that onto the docket for first reading. I move to place on tonight's docket a resolution ratifying the unclassified civil service appointment of Sarah Hamilton, Commissioner of General Services, grade 210E, at $4,038.48 biweekly, effective November 21, 2011. It's a motion by Vice Mayor Gordon, seconded by Council Member Myers. Is there any discussion on the motion? All right. Hearing none, we can take a vote. All in favor, please say aye. Aye. All opposed, no. Motion carries. Thank you, Vice Mayor. Thank you. Council Member Ford. Thank you, Mayor. I move to place on the docket a resolution accepting the bid of Burnett Construction, incorporated in the amount of $46,902.56 for the Warfield Place entrance wall and authorizing the mayor to execute any necessary agreement related to the bid. So moved. Motion by Councilman Ford, seconded by Vice Mayor Gordon. Is there any discussion on the motion? All right. All in favor, please say aye. Aye. All opposed, no. Motion carries. Councilman Blues. Mayor, mine is for a second read when we get to that. All right. Councilman Stennett, is yours saying? All right. I can give first reading to those who are on resolution. Okay, thanks. Meredith, thank you. Number 34. A resolution temporarily appointing Daryland Combs to the interim position of part-time citizens advocate, grade 115E, 1,154.76 biweekly, effective November 7, 2011, and continuing until a permanent appointment is made. Number 35, a resolution authorizing the mayor on behalf of the Urban County Government to execute a master maintenance and sales agreement and related documents with ICON Office Solutions, Inc. Incorporated for a copier upgrade and related maintenance services for the Office of the Urban County Council at a cost not to exceed $7,818 for fiscal year 2012 based upon the projected number of monthly copies. Number 36, a resolution ratifying the unclassified civil service appointment of Sarah Hamilton, Commissioner of General Services, grade 210E, 4038.48 biweekly, effective November 21, 2011. Number 37, a resolution accepting the bid of Burdett Construction, Inc., in the amount of $46,902.56 for the Warfield Place entrance wall for the Division of Engineering and authorizing the mayor on behalf of the Irving County Government to execute any necessary agreement with Burdett Construction, Inc. related to the bid. Thank you, Madam Clerk. The motion is to suspend the rules for second reading. Council Member Luz? Thank you, Mayor. I move to suspend the rules in order to give a second reading to numbers 30 and 31. These releases have been approved by the Planning Commission and various divisions within the government, and if they can be approved tonight, then the developer of the apartment complex in question can obtain necessary occupancy permits. So move. Motion by Council Member Bluse, second by Council Member Kaye. Is there any discussion? Hearing none, all in favor, please say aye. Aye. Opposed, no. Motion carries. Council Member Gordon. Thank you, Mayor. Normally, I don't exactly like second readings of walk-ons. However, we need our copier, and our temporary citizen's advocate is ready to start on Monday. And as you know, we've been forwarding citizen's advocate calls to 311, to Lex Call, and I would like to get the temporary person on board. So I move to suspend the rules and give second reading to numbers 34 and 35. Second. Motion by Vice Mayor Gordon, second by Council Member Kaye. Is there any discussion? All right. Hearing none, all in favor, please say aye. Aye. Opposed, no. Motion carries. Are there any other motions for suspensions? Council Member Ford. Thank you, Mayor. And just as Vice Mayor Gordon just mentioned, I don't like to present a second read of request of suspension of the roof, a second read. but for number 37 at the request of the administration, this is a masonry construction project that is time-sensitive due to the weather and for engineering to proceed on with some delays that it's had. So I would request a second read on resolution number 37. So moved. Thank you. Motion by Councilman Ford, second by Councilman McCord. Is there any discussion on the motion? Okay. All right. Hearing none, all in favor please say aye. Aye. Opposed, no. Motion carries. Anybody else? Councilmember Maloney. Thank you, Mayor. I mean, Mr. Maloney. Yeah, brings back a lot of memories. Thank you. We would like to go on and have a second reading on 36th so we can go ahead and get it in the system. She'll be starting on the 21st, so if we could do that, if that would be okay. Second. Didn't get a motion yet. Vice Mayor Gordon. My question is, we have a meeting on the 17th, and this motion is effective the 21st. So is there a need to... We want to get the paperwork in the system and go on if we could. That would be fine. But if you want to wait until the 17th. Well, the motion which the administration gave me says the 21st. So do you want me to do a new motion? That would be fine. We can wait until the 17th to be all right for the second reason. We just want to get through the system. Okay. Okay, I think what the question is, does the time between the 17th and the 21st give us adequate time for processing it? Really, it could. We'd just like to have a little bit more time to put it in the system, get it going, any time we have. I would ask, Wal, do we need to have another first reading if we change the effective date? The date says effective November 21st. That's my microphone. I think the effective date, that's the first date she can start. That's why that was put in there. So I don't know that that's really material to, that's just an expectation. She's not going to start until that date. So you could take that out of the title and it would not be a problem. Okay. Thank you. So is there a motion? Move approval. Motion by Council Member Flues, seconded by Council Member Ellinger. Is there any discussion? Hearing none, you can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. All right. And Your Honor, the administration had a request on number 23, which I think is typical now because these offers are conditional. They need to go ahead and have that read twice so they can go ahead and get the process started on those as well. Okay. That's number 23. Yes, sir. Tony, is there a motion? Move to suspend the rules on 23. Give it a second reading. This is a motion by Vice Mayor to suspend the rules on item 23. Is there a second? Second. Second by Council Member Henson. Is there any discussion? All right. All in favor then, please indicate by saying aye. Aye. Opposed, no. Motion carries. All right. All right. Meredith, you got all right. Whenever you're ready. Madam Clerk, thank you. Resolution number 23 for second reading, a resolution authorizing the Division of Human Resources to make a conditional offer to the following. Allison Murrell, Administrative Specialist Senior, Grade 112N, 17.198 hourly in the Department of Law. James Gillis, Engineering Technician Principal, Grade 115E, 2000.64 biweekly in the Division of Engineering, authorizing the beginning of the probationary civil service probationary period upon successful completion of a physical or medical examination as required, effective upon passage of counsel. authorizing the Division of Human Resources to make a conditional offer to the following. Christian Johnson, Child Care Program, Aid Part-Time, Grade 107N, 10.691, hourly in the Department of Social Services. Melissa Cottle, Staff Assistant Senior, Grade 108N, 11.655, hourly in the Office of the Coroner, effective upon passage of counsel. Number 30, a resolution authorizing the Mayor on behalf of the Irving County Government to execute a partial release of detention easement, releasing a portion of a detention easement on property located at 158 Louis Place, 1700 Leestown Road. Number 31, a resolution authorizing the mayor on behalf of the Urban County Government to execute a release of easement releasing a sanitary sewer easement and a partial release of detention easement releasing a portion of a detention easement on property located at 1758 Hatter Lane. Number 34, a resolution temporarily appointing Daryl and Combs to the interim position of part-time citizens advocate, grade 115E, 1,154.76 biweekly, effective November 7, 2011, and continuing until a permanent appointment is made. Number 35, a resolution authorizing the mayor on behalf of the Urban County Government to execute a master maintenance and sales agreement and related documents with Icon Office Solutions, Inc. for a copier upgrade and related maintenance services for the Office of the Urban County Council at a cost not to exceed 7,818. for fiscal year 2012 based upon the projected number of monthly copies. Number 36, a resolution ratifying the unclassified civil service appointment of Sarah Hamilton, Commissioner of General Services, Grade 210E, 4038.48 biweekly, effective November 21, 2011. Number 37, a resolution accepting the bid of Burdett Construction, Incorporated, in the amount of $46,902.56 for the Warfield Place entrance wall for the Division of Engineering and authorizing the mayor on behalf of the urban county government to execute any necessary agreement with Burdett Construction, Inc. related to the bid. Move approval. Thank you, Madam Clerk. Second. Thank you, Council Member Blues. Motion by Council Member Blues, seconded by Vice Mayor Gordon. Is there any discussion on the motion? All right. Hearing none, Madam Clerk, you may call. Parole. Mr. Blues? Yes. Mr. Ellinger? Yes. Mr. Farmer? Yes, ma'am. Mr. Ford? Yes. Ms. Gorton? Aye. Ms. Henson? Yes. Mr. Kay? Yes. Mr. Lane? Yes. Ms. Lawless? Yes. Mr. Martin? Yes. Mr. McCord? Yes. Mr. Myers? Mr. Stinnett? Yes, ma'am. And Mr. Beard? Aye. Thank you. Aye. Thank you, Madam Clerk. The vote reflects the passage of the motion. Next item on our agenda, item Roman, numeral 8, communications. Moved for a second. There's a motion by Councilman Ellinger, second by Vice Mayor Gordon. Is there any discussion? All right. Hearing none, take a vote. All in favor, please say aye. Aye. All opposed, no. Motion passes. Next on our agenda are announcements. The floor is available to Council for any announcements. Vice Mayor Gordon. I have just one, and that is to announce, for those who don't already know, that on November 14th, the Council has its new Council Administrator, Stacy Maynard, who will be starting to work on the fifth floor. And so we're very excited about having our Council Administrator on board. Thank you. Thank you, Vice Mayor. Is there anyone else who wish to make an announcement? I thought I saw it. All right. Hearing none, then, Mr. Mundy. Oh, I'm sorry. Council Member Lawless. Oh, great. I wanted to remind everybody that Lexington will have the Veterans Day parade on November 5th. It starts at 3.30 p.m. at Midland and proceeds to Mill Street. Everybody in the public is invited to participate. Also, early that morning, there will be a Victory 5K Run Walk beginning at 9 a.m. at the VA Medical Center Leestown Division. Registration takes place at 7.30 a.m. and you can contact the VA Medical Center Public Affairs Office for more information on that. Also, one other thing, Movable Feast is doing their annual cause for pie, and they sell pies. All pies are $20 for frozen or $25 baked, and they go fast. You can call Movable Feast at 252-2867 to order yours. You need to order them quickly. They have apple, cherry, blueberry, and pumpkin. You can buy a pie cheaper, but you can't feed more by doing so. So they are great pies. Also, I sent out some information today. Actually, my council legislative aide, Andrea, sent it out on my behalf about some safety solutions for the Woodland Triangle area where all those streets converge. Mr. Cummins and Patrick Murray and Kevin Wente and I met some time ago about that. They've come up with some ideas, and we will be having a meeting. but wanted people to see what their drawings and their ideas were beforehand. If you would like more information, while it is in the 3rd District, it's an area that many, many, many people in the city use. So if you'd like more information on that, you can contact me at dlawless at lexingtonky.gov, and I can send you what they've prepared and let you know when the meeting is. And if you'd like to be on my email list for updates, you're welcome to put that in the email also. But I did want to make the public aware and appreciate the hard work of public works and traffic, et cetera, on trying to tackle that very dangerous intersection. So thank you. Thank you. Before we go to a public comment, I would like to acknowledge and thank the Council for confirming Sally Hamilton as Commissioner of General Services. I'm just going to say one thing. She brings a lot of experience to the table. Thanks. We don't have anyone signed up, Mr. Mundy, for public comment. All right. Then I'll ask for a motion to adjourn. Council Member Ellinger has offered a motion to adjourn. Is there a second? Council Member Lane has a second. All in favor, please say aye. Opposed, no. We are adjourned. you