All right, so welcome back to the council and those who have joined us tonight. This is a council meeting, and to start off, I'll ask the clerk if she will please call the roll. Mr. Farmer? Yes, ma'am. Mr. Ford? Here. Ms. Gorton? Here. Ms. Henson? Here. Mr. Kay? Here. Mr. Lane? Ms. Lawless? Mr. Martin? Here. Mr. McCord? Here. Mr. Myers? Here. Mr. Stinnett? Yes, ma'am. Mr. Beard. Present. Mr. Blues. Here. Ms. Crosby. And Mr. Ellinger. Here. Thank you. Thank you. For our invocation tonight, we have with us the wellness minister for Consolidated Baptist Church, Mr. Larry Jackson. And he is a gifted trainer and a therapist. I am talking. So when I was asked to be here, I kind of laughed because I'm a trainer, and I was wondering what words I could give to you guys. And I think one thing that connects us to each other is that we're all shepherds, and we're all leaders in our own respect, and that's a great calling. And so I wanted to offer words in prayer. I just want to take a moment of silence and just offer words of prayer with you guys as you meet tonight. Dear God, thank you for this evening You are the one true shepherd You knew me, you fed me, you've led me Tonight to this place, dear God, you've guided me But first you knew me, Lord So I ask that you also continue to protect me I ask that you be with us in this time Be with the leaders, the shepherds in this room tonight as they meet. God, continue to guide them, continue to lead them, continue to protect them. God, help them continue to think about those things as they lead your community. We ask these things in your name, the true shepherd. Amen. Amen. That's great. Larry, thanks so much. We've got a couple of presentations tonight. and I'm going to go around to the podium for one. And the first one is recognition of OWL's, Opportunity for Work, that is, the 50th anniversary, and I know David Boggs is here, and then we're going to have a presentation by Billy Van Pelt. You look good standing right there in the middle, though. That's great. That's great. It's all about me. There we go. Well, I know Councilmember Doug Martin was at the 50th anniversary event about three weeks ago, and it was a great event with a really wonderful video of the history of OWL. And I was just saying, Councilmember Doug Martin was right there. It was a great night, and we have a commemoration plaque in Genuine Mahogany Solid Veneer. How's that? Genuine Solid Veneer. Yes, sir. This plaque recognizes OWL's 50th anniversary this year. I see Council Member Henson smiling real big because she knows what a big deal it is. And so do so many in our community. And what the opportunity for work and learning has done to educate and equip those among us, our citizens, with barriers to employment, helping them to reach their vocational goals is extraordinary. David has been president now for the last few years. With a lot of enthusiasm, he is guiding this extraordinary community, enterprise, and treasure that we have and doing really incredible work. So I won't read all the whereases, but the big whereases is that we all really appreciate everything that you all have done. Thanks so much. You might want to. Thanks. Thank you, Mayor. And on behalf of OWL, its board of directors, and all the people that we really represent, the mission of OWL to educate and equip people with barriers to employment to reach their vocational goals. That's what it's all about. And LFUCG has been a partner of OWL since its beginning, and we appreciate all your support and know that you're going to be even a greater partner with us over the next few years. So thank you very much. Thanks, Dave. Thank you. And now we have an annual presentation by Billy Van Pelt on the Purchase of Development Rights Program. Thanks, Billy. Thank you, Mayor Gray, Vice Mayor Gordon, and members of the Council. Each of you should have received a spreadsheet and a map, and if you don't have one, I can provide a copy to you. Just very briefly, you can see that our percentage of goal of the 50,000 acres is currently 52.33% at 26,164 acres. Now that does include the offers made in the current round, which you can see at the bottom of that spreadsheet where it says round 10, current round to date. The spreadsheet shows the easements that were acquired either through purchase or donation in the last fiscal year and through the current fiscal year as well as the applications received for FY13. And the map shows all of those farms as well as conservation easements that are held by others. Are there any questions? Any questions? Council Member Stennett. Mr. Van Pelt, thank you. I always enjoy the update on the PDR program. Just a quick question for our next fiscal year. We've had this discussion in the past. have you all made any offers on anything for next fiscal year, or are you just taking applications at this point? Applications only, and that's it. And we've actually received all those applications already, and they've been given an initial ranking and a final ranking, but that's it. And then is there any indication federal money and state money will be available or not available? Have we heard anything? Is it too early? No. I can give you an update on that as well. The federal award that we received in 2011 was $1,964,000. And as you know, the budget that was approved was $1 million for FY12. The feds have allowed us to match that second million over two of our fiscal year, so that second million is available for match in FY13. Any state or anything else? Yes, we just received $25,000 from the Fayette County Agricultural Development Board, and we will be going to the state board for final approval on that. But when you match the 25 with local and federal, it equals 75. Is it a one-for-one match with the federal? It is with the federal. Okay, and then the people that I saw on your list that had not accepted our offers, I assume you just automatically go to the next person on the list and make an offer? We do. We go in the rank order, and the ranking is established by the ordinance, and the criteria and the points that are assigned are established in the ordinance, and I've listed the reasons why those applications were not successful for your reference. And so have we spent all the money from FY10 and 11 now? For FY10 and 11? Yes. For 11 and 12. There's a little bit of FY11 money and bond funds probably. I think it's $18,610. And then we've made the offers to commit for the FY12, and that process is ongoing. And as you can see, we've made offers on 562 acres. Very good, sir. Thank you. You're welcome. Thank you, Mayor. Yes, sir. Thank you, Mr. Tenet. Vice Mayor Gordon. Thank you, Mayor. Billy, thank you very much for your annual update. And I wanted to ask you a little bit about the donated easements. It looks like the donated easements listed on your chart is somewhere around 130-some acres. Is that just for this round? It is. How do folks contact you about donating easement the same way they do about purchase development rights? We provide, of course, we try to get everyone to donate, and it's unique for every situation, and they have to explore that option and see what works best for them. But we have received 38 donated conservation easements programmed to date on 1,705 acres, and that equals to a savings of $4.4 million in savings to the LFUCG. Those are conservation easement acquisition funds that we did not have to spend purchasing those easements. Well, I think the article in the paper in the last few days was really a boost because, as we know, this is really about ag land. It's not about pretty land. Right. And I'm encouraged, you know, with the increase in the farm receipts and then your listing here of general ag and other types of farms separate from equine is really somewhat over 100. It's not quite half equine, half other in general ag, but it's nearly there. And I think, to your point, the important thing to remember is not the type of farm that it is today, but that the farm, the land, and the soil is conserved for other agricultural uses in the future if that farm transitions from general ag into equine or vice versa. Do you have much experience yet with PDR-protected farms that go on the market? Yes. And is there any generalization you can make? I mean, right now, all property, I know, is somewhat depressed, but comment on that. Well, what I can offer is that the people that are investing in the farmland here are very concerned about being surrounded by protected farmland. So that's typically when I'm contacted by a real estate agent. They want to know if the surrounding properties are also in the program because their owner is concerned about their investment being protected and are there going to be non-ag uses on the adjacent property. Okay. Well, I thank you very much. I think you've done a terrific job managing this over the years. We're in our 11th year, right? We are. So thank you very much. Thank you. Philly, thanks very much. Did you want to – I noticed on the agenda, and I abbreviated it. Sorry. or fail to mention the Courthouse Area Design and Review Board. Do you want to mention it as well? We do have a brief PowerPoint. Okay. And I made this very short for us this evening. So just briefly, we know that this is 24 acres in the core of our downtown, and I should mention that the chair of the Rural Land Management Board, Robert Hewitt, is here as well as Mike Moiser, who's the chair of the Courthouse Area Design Review Board. They're both here and they can answer questions also. We meet on a quarterly or as-needed basis. We have had a couple of changes on our board since your last update. One, Michael Speaks is the dean of the College of Design at UK. He's our design professional. And then Darren Teodoro is the property owner, business owner in the overlay zone. Darren is with Shorty's Urban Market and Shorty's Seller. Just this year, four board approvals, two that I've approved in a preliminary board review. Approvals over the last 10 years, 45 by the board, 28 by the design review officer. And just very briefly, projects that have been completed since your last update. the rooftop at Dudley's. If you haven't seen it yet, I would encourage you to do so. This is, of course, a great transformation on our West Main Street Trust Lounge, Sunrise Bakery, a before and after, and then Shorty's and Shorty's Cellar. This was sort of a high-profile project that we did, a preliminary board review at our last meeting, this building, we all recognize it at the corner of Main and Limestone. That's a before, this is after. Before, and it's hard to see in this slide, but there are actually windows along the Limestone frontage that were covered in brick at some point in the past. And so after, we would re-engage the streetscape and the pedestrian and open that streetscape up. And the owner has not submitted a formal application, so the board hasn't taken formal action, but we did provide the potential applicant with feedback. I've served on the Design Excellence Task Force along with several of you over the last year, and we will be reporting out to the Urban County Council on January 24th to its planning committee to give you an update on that task force. That's it. Thanks so much. Council Member Blues chairs that task force. Nice. Thank you, Council Member Blues. A lot of work in that project. It's been, I think, a long year, but it's been a pretty productive year, and I think we'll be able to present to the planning committee on January 24th a pretty compelling report on our progress and why we should go forward. Thank you, sir. Billy, thanks for everything that you do. Thank you, Mayor. Others have expressed the same sentiment, and I think we all appreciate you wearing the blue horse pin, especially Mr. Farmer, who routinely wears it. So thank you, sir. Thank you. okay next on our agenda that's all the presentations tonight oh i do want to thank i knew i had something else thank you bob hewitt and mike moyser you y'all you know a lot of heavy lifting in the work that you all do on behalf of our city as volunteer chairs of these important initiatives thank you all very much Thank you. Madam Clerk, Susan, if you're ready, can you give us the second reading of ordinances? Most definitely. Ordinance number one, an ordinance amending Article 8-1D of the zoning ordinance to allow an historic house museum as a conditional use in the AR zone. Number two, an ordinance amending Section 21-52 of the code of ordinances changing the job title of one position of Human Resources Manager Grade 119E to one position of Payroll Manager Grade 119E in the Division of Accounting. Number three, an ordinance pursuant to Section 2-1A of the Code of Ordinances of the Lexington-Fayton-Urban County Government adopting a schedule of meetings for the Council for the calendar year 2012. Number four, an ordinance admitting Section 16-15F of the Code of Ordinances related to refuse collection to exempt peace officers performing their official duties from this section. Number five, an ordinance creating subsection 1410F11 of the Code of Ordinances Lexington-Fade Urban County Government to provide for the enforcement of violations of Article 13 of the Zoning Ordinance by the Director of Historic Preservation and Historic Preservation Specialists, effective January 1, 2012. Number six, an ordinance amending certain of the budgets of the Lexington-Fade Urban County Government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds, Schedule No. 46. No. 7, an ordinance approving and adopting regulations for the procurement of personal and professional services on behalf of the Urban County Government through its Division of Central Purchasing, effective January 1, 2012. No. 8, an ordinance amending Section 21-52 of the Code of Ordinances, abolishing one position of engineering technician principal, Grade 1-15E, abolishing two positions of engineering technician, Grade 1-11N, and two positions of laboratory technician, grade 109 in, and creating one position of electrician, grade 114 in, one position of maintenance mechanic, grade 113 in, and two positions of laboratory technician, senior, grade 112 in, and amending section 22-5, two of the code of ordinances, abolishing one position of staff assistant, senior, grade 108 in, all in the Division of Water Quality, and appropriating funds pursuant to schedule number 47. Number 9, an ordinance accepting the bid of TP mechanical contractors in the amount of $111,129 for a water heater for the Division of Community Corrections and appropriating funds pursuant to Schedule No. 48. And that's it. Move approval. Thank you. Thank you, Madam Clerk. It's a motion by Vice Mayor Corton, seconded by Council Member Ellinger. To approve. Is there any discussion? No discussion. Hearing none. Madam Clerk, would you call the roll, please? 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? Yes. Mr. Stinnett? Yes, ma'am. Mr. Beard? Aye. Mr. Blues? Yes. Ms. Crosby? And Mr. Ellinger? Yes. Thank you. The vote reflects passage. On the motion. Madam Clerk, whenever you're ready for first reading on ordinances. First reading single ordinance. Woo-hoo. Number 10, an ordinance submitting certain of the budgets of the Lexington-Faderman County Government to reflect current requirements for municipal expenditures and reappropriating funds, Schedule number 49. Thank you, ma'am. Is there a motion? Whoa, whoa, whoa, whoa. Sorry, sorry. Yep, yep, yep. All right. Are you ready? Yes, sir. Resolution second reading. Resolution number one, a resolution accepting the bid of Brentag Mid-South Incorporated, establishing a price contract for odor-controlled chemicals for the Division of Water Quality. Number two, a resolution accepting the bids of Volk Manufacturing Company in the amount of $5,760, J. Ettinger & Sons Incorporated in the amount of $8,614.72, and Central Parts Warehouse in the amount of $1,990 for snowplow parts for the Division of Streets and Roads. Number three, a resolution authorizing the mayor on behalf of the Urban County Government to execute agreements with Bluegrass Community Foundation, $300, Forest Ridge Maintenance Association Incorporated, $150, and Spiegel Heights Hill Community Center, $400 for the Office of the Urban County Council at a cost not to exceed the sums stated. Madam Clerk, we've got Mr. Tell recognized. Council Member Kaye. Thank you, Mayor. I move to amend item number four on the docket under second reading resolutions to remove the reference to the position of Director of Human Resources. This is not a material change and does not require a new first reading. So moved. Second. It's a motion by Council Member Kaye, a second by Council Member Farmer. Is there any discussion on the motion? Hearing none, we can take a vote. All in favor of the motion, please indicate by saying aye. Aye. Opposed, no. Motion carries. Thank you. Madam Clerk. Resolution number four, as amended, a resolution ratifying the probationary civil service appointments of Robert Harris, Public Service Supervisor, Grade 111N, 20.625 hourly in the Division of Parks and Recreation, effective November 28, 2011. Ratifying the probationary sworn appointments of Sean Campbell, Community Corrections Captain, Grade 115E, $2,522.40 biweekly in the Division of Community Corrections, effective November 28, 2011. bear with me one second while I fix this food Sorry, I'll fix it later. Number five, a resolution authorizing and directing the mayor on behalf of the Irvin County Government to accept a grant from the Kentucky Justice and Public Safety Cabinet, which grant funds are in the amount of $40,000 federal funds for the Ticketing Aggressive Cars and Trucks Program, which grant funds are in the amount of $40,000 federal funds are for the ticketing aggressive cars and trucks program with acceptance of which obligates the urban county government for the expenditure of $10,000 as a local match and authorizing the mayor to transfer unencumbered funds within the grant budget. Number six, a resolution 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 $129,533 federal funds under the State Criminal Alien Assistance Program are for reimbursement of costs related to the incarceration of undocumented criminal aliens, the acceptance of which does not obligate the Irving County Government for the expenditure of funds in authorizing the mayor to transfer unencumbered funds within the grant budget. Number seven, a resolution authorizing and directing the mayor on behalf of the Irving County Government to execute two amended memorandum of agreement with Fayette County Public Schools for operation of the National School Lunch Program through the end of the current school year and the Child Care Food Program through December 30, 2011 at a family care center and the Day Treatment Center. Number eight, a resolution approving the granting of an inducement to CMS Text LLC pursuant to the Kentucky Business Investment Act created by House Bill 3 of the 2009 Extraordinary Legislative Session, whereby Lexington-Fayton County Government agrees to forego the collection of 1% of the occupational license fees that would otherwise be due to it, which shall be retained by CMS-Tex LLC for a term of not longer than 10 years from the activation date established by the Kentucky Business Investment Program subject to the limitations contained in the Kentucky Business Investment Act and any agreement CMS-Tex LLC has with the Kentucky Economic Development Finance Authority related to the project in taking other related action. Number 9, a resolution approving the granting of an inducement to GE Lighting LLC pursuant to the Kentucky Investment Act, created by House Bill 3 of the 2009 Extraordinary Legislative Session, whereby Lexington-Fayden County Government agrees to forego the collection of 1% of the occupational license fees that would otherwise be due to it, which shall be retained by GE Lighting LLC for a term of not longer than 10 years from the activation date established by the Kentucky Business Investment Program subject to the limitations contained in the Kentucky Business Investment Act and any agreement GE Lighting, LLC, has with the Kentucky Economic Development Finance Authority related to the project and taking other related action. Number 10, a resolution approving the granting of an inducement to Shutterbox, LLC, pursuant to the Kentucky Business Investment Act created by House Bill 3 of the 2009 Extraordinary Legislative Session, whereby Lexington-Faderman County Government agrees to forego the collection of 1% of the occupational license fees that would otherwise be due to it, which shall be retained by Shatterbox LLC for a term of not longer than 10 years from the activation date, established by the Kentucky Business Investment Program subject to the limitations contained in the Kentucky Business Investment Act and any agreements Shatterbox LLC has with the Kentucky Economic Development Finance Authority related to the project and taking other related action. Number 11, a resolution authorizing and directing the mayor on behalf of the urban county government to execute an internal revenue service sponsor agreement with civil rights assurance for volunteer tax assistance programs at the Central Kentucky Job Center and the Family Care Center at no cost to the urban county government. Number 12, a resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute an agreement with awarding a Class A neighborhood incentive grant to the North Limestone Neighborhood Association, Incorporated, to develop an environmental improvement plan for the Limestone-Lowden area at a cost not to exceed $50,000. Number 13, a resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute an agreement with awarding a Class A neighborhood incentive grant to the Spindletop Community Association, Incorporated to improve water quality in the subdivision pond with a bottom aerator, hold educational seminars on the Royal Springs aquifer and topics related to what residents can do to improve water quality, stencil neighborhood storm drains, and hold a stream cleaning event at a cost not to exceed $2,180. Number 14, a resolution authorizing the mayor on behalf of the urban county government to execute change order number one to the contract with Hazen and Sawyer, PSC, for the sanitary your assessment reports and remedial measures plans, extending the current contract through FY 2012 and increasing the contract price by the sum of $1,500,000 from $2,000,000 to $3,500,000. Number 15, a resolution authorizing the Division of Water Quality to purchase Allen Bradley Automation Equipment to upgrade the blower system at the Town Branch Wastewater Treatment Plant from CED of Lexington as distributor for Rockwell Automation at a cost not to exceed $42,000. Number 16, a resolution authorizing and directing the mayor on behalf of the urban county government to accept a grant from the U.S. Department of Housing and Urban Development, which grant funds are in the amount of $1,430,000 federal funds, offer continuation of the Housing Opportunities for Persons with AIDS program, the acceptance of which does not obligate the urban county government for the expenditure of funds, authorizing the mayor to transfer unencumbered funds within the grant budget in authorizing and directing the mayor to execute a three-year agreement with AIDS Volunteers Incorporated for continuation of the project at a cost not to exceed $1,391,000. Number 17, a resolution authorizing and directing the mayor on behalf of the Irvine County Government to execute a memorandum of understanding with the court appointed Special Advocate Incorporated, Fayette Family Courts, the Cabinet for Health and Family Services, and the Fayette County Attorney's Office, outlining the relationship among the parties concerning the operation of the court-appointed special advocates program at no cost to the urban county government. Number 18, a resolution accepting software development incorporated as the entity to perform billing services for emergency medical services and authorizing and directing the mayor on behalf of the urban county government to execute an agreement with software development incorporated for these services at a cost not to exceed 3.5% of the receipts from the previous calendar year, which are estimated to be $214,000 for fiscal year 2012. Number 19, a resolution authorizing the mayor on behalf of the urban county government to execute a facility rental agreement and catering contract with Lexington Convention Center and Hyatt Regency for the police awards banquet at no cost to the urban county government. Number 20, a resolution authorizing the mayor on behalf of the urban county government to execute an amended 2010 equitable sharing agreement with the Department of Justice, Department of the Treasury, amending the 2010 agreement. Number 21, a resolution authorizing the Mayor on behalf of the Irvin County Government to execute an amended 2011 Equitable Sharing Equipment Agreement with the Department of Justice, Department of the Treasury, amending the 2011 agreement. Number 22, a resolution authorizing the Mayor on behalf of the Irvin County Government to execute lease renewals with the Commonwealth of Kentucky for the lease of state police, CDL, and driver's licenses offices at no cost to the government. Number 23. A resolution authorizing and directing the mayor on behalf of the urban county government to execute an agreement awarding a Class B infrastructure incentive grant to the Bluegrass Stockyards LLC to design and construct four stormwater control facilities and collaborate with UK Locust Trace Agri-Science Farm and Fayette County Extension Office and Conservation District in allowing the site to be used by students for research and environmental learning at a cost not to exceed $150,000. Number 24, a resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute an agreement awarding a Class A neighborhood incentive grant to the Friends of Wolf Run Incorporated to perform stream cleanups, removal of invasive plant species, and planting of native vegetation along Wolf Run and its tributaries at various volunteer selected stewardship sites, provide education outreach through communication with streamside property owners and installation of educational signage at stewardship sites and purchase of a multi-parameter water quality meter at a cost not to exceed $11,770. Number 25, a resolution authorizing and directing the mayor on behalf of the urban county government to execute an agreement awarding a Class A neighborhood incentive grant to the Lansdowne Neighborhood Association Incorporated to develop a conceptual plan to address stormwater runoff and stream bank erosion in the tributary running from Zandell Drive to West Hickman Creek and organized educational opportunities for residents at a cost not to exceed $10,000. 26. A resolution authorizing and directing the mayor on behalf of the urban county government to execute an agreement rewarding a Class B education incentive grant to Group CJ LLC to collaborate with WKYT-TV and EKYTCW to write, produced in the era approximately 20 30-second education commercial messages for a Doing the Green Thing campaign at a cost not to exceed $34,650. 27, a resolution authorizing the mayor on behalf of the Irvin County Government to execute a facility usage contract with Fayette County Board of Education for use of Jesse Clark Middle School Gym for the basketball program at a cost not to exceed $8,012.40. 28, a resolution authorizing the mayor on behalf of the Irvin County Government to accept a nomination from John Jacobs Volkswagen of the 2012 Volkswagen Beetle Turbo Edition for use at the Division of the Police at no cost to the urban county government. I believe there's a motion for number 29. Mr. Stennett. Thank you, Mayor. To request the administration, I move that item number 29 be removed from the docket under second readings of resolutions. Second. There's a motion and a second on item 29. Is there any discussion? Hearing none, we can take a vote. All in favor, please indicate by saying aye. Aye. Opposed, no. Motion carries. Number 30. A resolution authorizing the mayor on behalf of the Irvin County Government to execute agreements with Baby Health Services Incorporated, $250, and Rare Intercity Ministries Incorporated, $250, for the office of the Irving County Council at a cost not to exceed the sums stated. 31. A resolution authorizing and directing the mayor on behalf of the Irving County Government to execute an agreement with Botany Catering, LLC, for provision of meals under the Child Care Food Program at the Family Care Center at a cost not to exceed $1.20 for each lunch, $0.90 for each breakfast, and $0.70 for each snack. Number 32. A resolution approving the recommendations of the Charles Young Center Task Force Report and that the recommendations be implemented as soon as possible. Number 33, a resolution authorizing the mayor on behalf of the urban county government to execute a 2012 general term orders for the Fayette County Clerk and the Fayette County Sheriff, establishing the number of deputies and assistants allowed to each and the compensation allowed to each deputy and assistant, subject to the limits for each category as specified in the general term orders and subject to the fees collected by the officers respectively in their 75% accounts pursuant to KRS 64.3501. And that's it. All right. Thank you, Madam Clerk. Is there a motion to approve the resolutions? The motion is second. Okay. All right. A motion by Council Member Beard, seconded by Council Member Farmer. Is there any discussion? There is, Mayor. Council Member Ford. Thank you, Mayor. In regards to the resolution on the Charles Young Center, in reference to the question that was raised by my colleague, Council Member Blues, we have a recital that we've added to the resolution that Council can find at the top of page 2, in reference to the first recommendation. And that recital basically clarifies the recommendation listed above that the term quote-unquote govern means quote-unquote evaluate and recommend. I wanted to clearly provide that information for the Council in support as we move the resolution forward. Thank you. There's a motion by, thank you, Council Member Ford, I have a motion by Council Member Martin to amend the resolution as presented and a second by Council Member Lane. Just a clarification, Mayor, and I thank the Council members for their motions in working with our Attorney Keith Horne. This recital in the resolution does not represent a material change. It's just a clarification as was requested by Council at our deliberation last Thursday night. So I just wanted to provide that information and clarity for the Council and for the community. Thank you, Mayor. Thank you to everybody. All right. There's a motion and a second. Is there any further discussion? Thank you, Council Member Ford. Council Member Cord. Just a quick question. Director Gooding, are you in the back there? I just had a quick question. And as it relates to the CDBG funds of $173,000, I just want to make sure that you have that available if this is to pass tonight. What we have to do, this does not establish this as a project. What we have to do is follow a citizen participation process in order to establish that. So when you come back in January, you will see a public hearing if the administration has decided to go forward with this. You'll see a public hearing that would establish that as a project. Okay, thank you. And we will be able to move funds around to do that. Thank you. Thank you, Councilman McCord. Thank you, Ms. Gooding, Director Gooding. Any further discussion? Okay, then we can take a vote on the motion. All in favor, please say aye. Opposed, no. Motion carries. All right. Madam Clerk? There was a motion, I believe, on the floor to approve the second reading resolutions as well. And I believe that was Mr. Julian Beard and Mr. Farmer. Oh, okay. Yeah. We're ready for the roll call, I believe. Yes, sir. Thanks. Thank you, ma'am. Thank you. I was just reminding myself, see? Mr. Farmer. Thank you. Merry Christmas and aye on all. 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, Mr. Beard, Mr. Blues, Ms. Crosby, and Mr. Ellinger. Yes. Thank you. Thank you. Okay. Well, thank you all. Yes, ma'am. Thank you all. When you're ready. Madam Clerk. Resolution number 34, a resolution accepting the bid of Sapphire Cleaning Service, LLC, establishing a price contract for custodial services recycling center for the Division of Facilities and Fleet Management. Number 35, a resolution accepting the bid of Sapphire Cleaning Service, LLC, established the hand price contract for custodial services, Central Kentucky Jobs Center for the Division of Facilities and Fleet Management. Number 36, a resolution accepting the bid of Intech Building Services, Incorporated, established the hand price contract for custodial services, Police Road Call West for the Division of Facilities and Fleet Management. Number 37, a resolution accepting the bid of Zoll Medical Corporation, established the and price contract for defibrillators for the Division of Fire and Emergency Services. Number 38, a resolution accepting the bids of Wilhott Incorporated Aero Electric Company at Davis H. Elliott Construction Company Incorporated and Advanced Electrical Systems Incorporated establishing price contracts for the underground electrical service installation for the Division of Parks and Recreation. Number 39, a resolution ratifying the probationary civil service appointments of Christopher Dent, Project Engineering Coordinator, Grade 119E, 2278-08, biweekly in the Division of Water Quality. Robert Stivers, Public Service Worker, Senior, Grade 107N, 11.557 hourly in the Division of Streets and Roads. And Thomas Johnson, Public Service Worker, Senior, Grade 107N, 13.299 hourly in the Division of Streets and Roads, effective upon passage of Council. Number 40, a resolution approving the transfer of control of Insight Communications Company, Incorporated to Time Warner Cable Incorporated and authorizing the mayor to sign the related agreement. Number 41, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a rental agreement with Lexington Center Corporation for Space for the Celebrations of Disability Expo at a cost not to exceed $2,800. Number 42, a resolution authorizing the mayor on behalf of the Urban County Government to execute change order number one final to the contract with Schroeder Construction Incorporated for the Beverly Avenue Sanitary Sewer Improvements Project, increasing the contract price by the sum of $25,657.88 from $672,135 to $697,792.88. Number 43, a resolution accepting the bid of Windstream Kentucky East LLC in accordance with the provisions of Ordinance No. 143-2011, creating an offering for sale a short-term franchise for the operation of a non-exclusive telecommunications system in Fayette County and authorizing the mayor on behalf of the Irvin County Government to execute a franchise agreement with Windstream Kentucky East LLC incorporating the terms and conditions of Ordinance No. 143-2011. No. 44, a resolution accepting the bid of TW Telecom of Kentucky LLC in accordance with the provisions of Ordinance No. 143-2011 creating and offering for sale a short-term franchise for the operation of a non-exclusive telecommunications system in Fayette County and authorizing the mayor on behalf of the Urban County Government to execute a franchise agreement with TW Telecoma Kentucky LLC, incorporating the terms and conditions of Ordinance No. 143-2011. No. 45, a resolution authorizing and directing the mayor on behalf of the Urban County Government to accept a donation from Judy Simpson, President and the Bellow Neighborhood Association of 26 Trees for the Bellowwood Park at no cost to the Urban County Government. 46, a resolution authorizing and directing the mayor on behalf of the urban county government to execute a rental agreement with Lexington Center Corporation for the 2012 Martin Luther King Day celebration at a cost not to exceed $8,100. Number 47, a resolution authorizing the mayor on behalf of the urban county government to execute an agreement with Bluegrass Family Health to provide prescription benefits at a cost not to exceed $7 million. Number 48, a resolution authorizing the mayor on behalf of the urban county government to execute a memorandum of understanding with the Bluegrass Chapter of the Kentucky Mountain Bike Association for construction and maintenance of a mountain bike off-road trail at Veterans Park and rental equipment at a cost not to exceed $17,862. Number 49, a resolution amending Resolution No. 463-2011 to approve the granting of an inducement to SIS LLC and to properly identify SIS Holding Company Incorporated as an affiliate. Number 50, a resolution authorizing the mayor on behalf of the urban county government to execute an agreement with Central Kentucky Radio I, Inc., $425, and One World Films, Inc., $325 for the office of the urban county council at a cost not to exceed the sums stated. Number 51, a resolution authorizing and directing the mayor on behalf of the urban county government to execute a certificate of consideration and any other documents necessary and to accept a deed for the property located at 401 Blue Sky Parkway and authorizing payment in the amount of $250,000 plus usual and appropriate closing costs. Number 52, a resolution authorizing and directing the Division of Traffic Engineering pursuant to Code of Ordinance to Section 18-86 to install multiway stop controls at the intersection of North Eagle Creek Drive and Eagle View Lane. Number 53, a resolution authorizing the Mayor and directing the Division of Traffic Engineering pursuant to Code of Ordinance of Section 18-86 to install multi-way stop controls at the intersection of Squires Road and East Hills Drive. And number 54, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a renewal confirmation with Humanae Insurance Company extending the 2011 contract from January 1, 2012 until the 2012 contract is executed. Thank you. That one was not on your docket because during the quick preparation of the meeting docket tonight, we failed to put it in writing, but you all proved it at your work session. Thank you, ma'am. All right. There are no walk-ons, are there? Okay. Vice Mayor Gordon. Thank you, Mayor. Council doesn't meet again until January, and none of these items have budget amendments attached, so I move to suspend the rules and give 34 through 54 second reading. Motion by Vice Mayor Corton, second by Council Member Ellinger. Is there any discussion? Is there any discussion? All right. Okay. Hearing none, take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. All right. Here we go. Resolution number 34 for second reading. A resolution accepting the bid of Sapphire Cleaning Service LLC establishing a price contract for custodial services recycling center for the Division of Facilities and Fleet Management. Number 35, a resolution accepting the bid of Sapphire Cleaning Service, LLC, establishing a price contract for custodial services, Central Kentucky Job Center for the Division of Facilities and Fleet Management. Number 36, a resolution accepting the bid of Intech Building Services, Incorporated, establishing a price contract for custodial services, Police Row Call West for the Division of Facilities and Fleet Management. Number 37, a resolution accepting the bid of Zola Medical Corporation, establishing a price contract for defibrillators for the Division of Fire and Emergency Services. Number 38, a resolution accepting the bids of Wilhott Incorporated, Aero Electric Company, Davis H. Elliott Construction Company Incorporated, and Advanced Electrical Systems Incorporated, establishing price contracts for underground electrical service installation for the Division of Parks and Recreation. Number 39, a resolution ratifying the probationary civil service appointments of Christopher Dent, Project Engineering Coordinator, Grade 119E, 2270-808 biweekly in the Division of Water Quality. Robert Stivers, Public Service Worker Senior, Grade 107N, 11.557 hourly in the Division of Streets and Roads. And Thomas Johnson, Public Service Worker Senior, Grade 107N, 13.299 hourly in the Division of Streets and Roads, effective upon passage of council. Number 40, a resolution approving a transportation. Transfer of Control of Insight Communications Company, Inc., to Time Warner Cable, Inc., in authorizing the mayor to sign the related agreement. 41. A resolution authorizing and directing the mayor on behalf of the urban county government to execute a rental agreement with Lexington Center Corporation for Space for the Celebration of Disability Expo at a cost not to exceed $2,800. Number 42. A resolution authorizing the mayor on behalf of the urban county government to execute change order number one, final of the contract with Schroeder Construction, Inc., For the Beverly Avenue Sanitary Sewer Improvements Project, increasing the contract price by the sum of $25,657.88 from $672,135 to $697,792.88. Number 43. A resolution accepting the bid of Windstream Kentucky East LLC in accordance with the provisions of Ordinance No. 143-2011, creating and offering for sale a short-term franchise for the operation of a non-exclusive telecommunications system in Fayette County. and authorizing the mayor on behalf of the Urban County Government to execute a franchise agreement with Windstream Kentucky East LLC, incorporating the terms and conditions of Ordinance No. 143-2011. Number 44. A resolution accepting the bid of TW Telecom of Kentucky LLC in accordance with the provisions of Ordinance No. 143-2011, creating and offering for sale a short-term franchise for the operation of a non-exclusive telecommunications system in Fayette County, and authorizing the mayor on behalf of the Urban County Government to execute a franchise agreement with DW Telecom of Kentucky LLC, incorporating the terms and conditions of Ordinance No. 143-2011. No. 45, a resolution authorizing and directing the mayor on behalf of the Urban County Government to accept a donation from Judy Simpson, President and the Bellow Neighborhood Association of 26 Trees for the Bellow Wood Park at no cost to the Urban County Government. No. 46, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a rental agreement with Lexington Center Corporation for the 2012 Martin Luther King Day celebration at a cost not to exceed $8,100. Number 47, a resolution authorizing the mayor on behalf of the Urban County Government to execute an agreement with Bluegrass Family Health to provide prescription benefits at a cost not to exceed $7 million. Number 48, a resolution authorizing the mayor on behalf of the Urban County Government to execute a memorandum of understanding with the Bluegrass Chapter of the Kentucky Mountain Bike Association for construction and maintenance of a mountain bike were off-road trailed at Veterans Park and rental equipment at a cost not to exceed $17,862. Number 49, a resolution amending Resolution No. 463-2011 to approve the granting of an inducement to SIS LLC and to properly identify SIS Holding Company, Inc. as an affiliate. Number 50, bless you, a resolution authorizing the mayor on behalf of the urban county government to execute an agreement with Central Kentucky Radio I, Inc., $425, and One World Films, Inc., $325 for the Office of the Urban County Council at a cost not to exceed the sum stated. Number 51. A resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a certificate of consideration and any other documents necessary and to accept a deed for the property located at 401 Blue Sky Parkway and authorizing payment in the amount of $250,000 plus usual and appropriate closing costs. 52. A resolution authorizing and directing the Division of Traffic Engineering pursuant to Code of Ordinances Section 1886 to install multiway stop controls at the intersection of North Eagle Creek Drive and Eagle View Lane. 53 A resolution authorizing and directing the Division of Traffic Engineering pursuant to Code of Ordinances Section 18-86 to install multiway stop controls at the intersection of Squires Road and East Hills Drive. And number 54 A resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute a renewal confirmation with Humana Insurance Company, extending the 2011 contract from January 1, 2012 until the 2012 contract is executed. Thanks. All right. Thank you, Madam Clerk. Is there a motion? Mr. Brogan, I'm a second. A motion by Council Member Stenet, seconded by Council Member Blues to approve. Is there any discussion on the motion? All right. Hearing none, Madam Clerk, you may take the please call the roll. Yes, sir. Mr. Farmer. Yes, ma'am. Aye on all. Nay on number 40. Thank you. Mr. Ford. Mr. Ford. Ms. Gordon? Aye. Ms. Henson? Yes. Mr. Kay? Yes. Mr. Lane? Yes. Ms. Lawless? Yes. Mr. Martin? Yes, but no 140. Okie dokie. Mr. McCord? Yes. Mr. Myers? Yes, no on 40. Mr. Stennett? Mr. Beard? Aye. Mr. Blues? Yes. Ms. Crosby? Yes. And Mr. Ellinger? Yes. Thank you. Thank you, Madam Clerk. The vote reflects passage. Next on our agenda, there's no action needed on the communications from the mayor. Next on our agenda are announcements, and this is where we'll do council reports. And so if any council reports are... Let's get those. Council Member Henson. Thank you, Mayor. I'm going to try to go very quickly, but I just wanted to thank again everyone that volunteered to ring the bell on the 17th. Mayor, and that includes you. I will be sending out a reminder email with an attached schedule so everyone will know. But just hope everyone has very happy holidays. Thank you. Thank you, Council Member Henson. Council Member Beard. Thank you, Mayor. This is brand new territory for me. At 7 o'clock on the 15th, Thursday the 15th, the Waterford Neighborhood Association, which is a neighborhood association that's located in one of the three precincts that I picked up in the redistricting, has invited me to that meeting. I'm quite pleased with that, and I'll hopefully get to know those folks and some in the other precincts also. Thank you. Thank you, sir. Welcome to the new territory. Yeah, there you go. Council Member Blues. Thank you, Mayor. I just want to echo Council Member Hansen's best wishes for a Merry Christmas to one and all. And the best way to have a Merry Christmas is to have it without the flu. And so I joined the Lexington Fayette County Health Department in urging anyone who hasn't gotten a flu shot yet to do so as part of National Influenza Vaccination Week, which happens to be this week. The health department offers the flu shots at the Public Health Clinic North, which is 805A Newtown Circle, first left off of Newtown after New Circle Road. No appointment necessary. There's a $25 cost, which can be mitigated by Medicaid, Medicare B, cash checks, credit cards, and some insurance. a flu shot remains the best way to protect yourself from getting the flu so colleagues, I hope that you've had your flu shots so you'll come back hail and hearty on January 10th ready to do the public's business and we hope the public will follow suit get their flu shots and a Merry Christmas Happy New Year to 1-0 That sounded like Bob Edwards on NPR That was amazing Anyone else? No? All right, then. That moves us to the final item on our agenda is a fire disciplinary action, and Assistant Chief David Mattingly is here to share with us. Thank you, Mayor. Members of the Council, I'll bring to you one item this evening. An allegation has been made that Firefighter Robbie Smith, employee number 362007, has committed the offense of AWOL, absent without approved leave for a scheduled duty day. This is in violation of KRS 95450, Inefficiency, Misconduct, and Subordination, or Violation of Law or Rule. Also, the Division of Fire and Uniform Disciplinary Guidelines, Section 111, and the Division of Fire and Emergency Services Policy Statement 100.09, which is tardy late AWOL, in that on the 13th day of October 2011, he allegedly did not contact his supervisor until approximately 48 minutes after his shift had begun and did not report to work for some time later. This is Firefighter Robbie Smith's third AWOL charge within the last three years. The recommended discipline in this case is a 480-hour suspension without pay. I have a signed agreement of conformity by the employee, and we respectfully ask your approval. Motion to approve by Council Member Myers, second by Council Member Blues. Is there any discussion? Hearing none. We can take a vote. All in favor, please say aye. Aye. All opposed, no. The motion carries. Thank you, Chief. Thank you so much. All right. I don't have anyone signed up for public comment tonight, so we can take a motion by Council Member Crosby to adjourn, second by Council Member McCord. All in favor, please say aye. Aye. Opposed, no. Merry Christmas and good night. Thank you.