# Urban County Council Meeting - April 26, 2012 > Auto-transcribed civic record · April 26, 2012 - **Permalink**: https://meetings.lexingtonky.news/meeting/2490 - **Source video**: https://lfucg.granicus.com/player/clip/2490?view_id=14&redirect=true - **Date**: 2012-04-26 - **Last revised**: July 17, 2026 - **Length**: 11,357 words > ⚠️ **Auto-generated content.** Audio from the official Granicus video was auto-transcribed with OpenAI's open-source Whisper large-v3-turbo model, run locally by The Lexington Times. Structured facts were extracted with GPT-4o; the narrative summary was written by Anthropic Claude. Verbatim wording may contain errors. See [methodology](https://meetings.lexingtonky.news/about/methodology) or [report a correction](mailto:editor@lexingtonky.news). --- ## Meeting Overview The Lexington-Fayette Urban County Council met on April 26, 2012, at 6:00 p.m. in the Council Chambers located at 200 E. Main St, Lexington, KY 40507, with Mayor Gray presiding. The council conducted a comprehensive legislative session that addressed zoning matters, personnel changes, infrastructure projects, and various service contracts. The meeting included 66 agenda items, with the council taking 62 motions and votes and hearing 2 public comments. The session also featured a presentation during the informational portion of the meeting. The council approved the majority of items brought before it, including several ordinances affecting city operations and development. Notable approvals included Ordinance 0375-12 establishing a Neighborhood Design Character Overlay (ND-1) Zone, Ordinance 0309-12 amending firefighter recruitment procedures, and Ordinance 0315-12 authorizing changes to police captain and lieutenant positions. The council also approved zoning changes for Jefferson Street and Angliana Avenue, along with amendments to taxicab regulations and the council meeting schedule. Two ordinances were tabled during the session: Ordinance 0394-12 concerning engine brake prohibition and Ordinance 0311-12 regarding scrap metal regulations. The council approved numerous resolutions authorizing contracts for supplies and services, including janitorial supplies, fire station renovations, equipment purchases, and various infrastructure projects. Additionally, the council approved multiple resolutions related to grants, agreements, and civil service appointments, including support for the Empower Lexington Energy Plan and an agreement with the Young Marines. The session concluded with a motion to enter closed session regarding a police disciplinary action agreement. ## Attendance **Present:** - Mayor Gray - Council Member Blues - Council Member Crosbie - Council Member Ellinger - Council Member Ford - Council Member Gorton - Council Member Henson - Council Member Kay - Council Member Lane - Council Member Lawless - Council Member Martin - Council Member McChord - Council Member Myers - Council Member Stinnett - Council Member Beard **Absent:** - Council Member Farmer **Late:** None ## Votes and Decisions The council took action on 67 motions during the April 26, 2012 meeting, with the vast majority passing unanimously or near-unanimously. **Engine Brake Ordinance (Ordinance 0394-12)** [timestamp: 00:08:09] - Council Member Blues moved to amend the ordinance to add an emergency exception to the engine brake prohibition, seconded by Council Member Gordon. The motion was postponed to allow for a new first reading and two weeks of public inspection. A subsequent new first reading of the amended ordinance passed by voice vote [timestamp: 00:09:40]. **Scrap Metal Ordinance (Ordinance 0311-12)** [timestamp: 00:15:25] - Council Member Stinnett moved to table the ordinance, seconded by Council Member McChord. The motion passed, with reconsideration scheduled for the May 10, 2012 meeting and an additional dealer meeting planned. **Neighborhood Design Character Overlay Zone (Ordinance 0375-12)** [timestamp: 00:17:35] - Council Member Myers moved approval, seconded by Council Member Stinnett. The roll call vote passed 13-0 with 1 abstention. Council Member Blues recused himself from the vote. **Personnel and Administrative Matters** - Multiple ordinances and resolutions passed unanimously by roll call vote with 14-0 counts, including: - Firefighter recruitment amendment (Ordinance 0309-12) - Police captain and lieutenant position change (Ordinance 0315-12) - Richmond Road landscape plan waiver (Ordinance 0334-12) - Sewer discharge ordinance correction (Ordinance 0335-12) - Taxicab regulations amendment (Ordinance 0395-12) - Council meeting schedule amendment (Ordinance 0397-12) - Budget re-appropriation Schedule No. 64 (Ordinance 0398-12) **Zoning and Development** - Ordinance 0311-12 received an amendment to correct a clerical error regarding Article 8 [timestamp: 00:19:42], then passed second reading 14-0 [timestamp: 00:23:38]. Ordinance 0459-12 (pedestrian-oriented business district) passed second reading 14-0 [timestamp: 00:23:38]. **Resolutions** - Approximately 40 resolutions passed, covering contracts, grants, agreements, and appointments. Notable items included probationary civil service appointments (Resolution 0303-12, 13-0 with 1 abstention, Council Member Ford recused) [timestamp: 00:36:05], the 2012 Consolidated Plan/Grant Application to HUD (Resolution 0336-12, 13-0 with 1 abstention, Council Member Ford recused) [timestamp: 00:36:05], and multiple infrastructure and service contracts, all passing 14-0. **Closed Session** [timestamp: 01:20:24] - Council Member Gordon moved to enter closed session, seconded by Council Member Henson, passing 14-0. ## Budget and Financial Actions The meeting on April 26, 2012 approved multiple contracts and grants totaling over $10 million in financial commitments across infrastructure, public safety, community development, and social services. **Contracts** The city authorized structural repairs and exterior renovations to Fire Station No. 5 for $138,850 with Churchill McGee, LLC (Resolution 0297-12). Exterior renovations to Fire Station No. 6 were approved for $54,000 with Mitchell Construction Management, LLC (Resolution 0303-12). The Anniston/Wickland Capital Storm Sewer Improvements - Phase I project was contracted to Woodall Construction Co., Inc. for $422,020.08 (Resolution 0365-12). Engineering services for Town Branch Trail Phase III were awarded to CDP Engineers, Inc. for $71,450 (Resolution 0353-12). Consulting services and construction administration for Haley Pike Landfill Closure, Phase 4 were contracted to Ken Virens, Inc. for $241,000 (Resolution 0366-12). **Federal and State Grants** The city accepted a 2012 Consolidated Plan/Grant Application from the U.S. Department of Housing and Urban Development totaling $3,103,820, which includes the Community Development Block Grant Program ($1,993,717), HOME Program ($945,184), and Emergency Solutions Grant Program ($164,919) (Resolution 0336-12). Additional grants approved included $400,000 in federal funds for the Todds/Liberty Road Improvement Project from the Kentucky Transportation Cabinet (Resolution 0368-12) and $160,000 for a Traffic Safety Program and Speed Enforcement Project from the same agency (Resolution 0318-12). **Community and Infrastructure Grants** The city approved $75,000 from the Kentucky Department for Local Government for construction of a new trail at Raven Run Nature Sanctuary (Resolution 0333-12). Class B Infrastructure Incentive Grants totaling $426,560 were awarded under Resolution 0322-12 to the Living Arts and Science Center, Inc. ($60,440), Community Montessori School, Inc. ($360,160), Board of Education of Fayette County ($320,400 construction and $12,000 feasibility), and Lexmark International, Inc. ($34,000 feasibility). **Social Services and Public Health Grants** Grants supporting social services included $400,000 for rehabilitation of Salem Village Apartments with National Housing Associates, Inc. (Resolution 0342-12), $460,560 for the Home Network Project at the Family Care Center from the Lexington-Fayette County Health Department (Resolution 0369-12), $241,845 for operation of the Day Treatment Program from the Kentucky Department of Juvenile Justice (Resolution 0376-12), and $83,101 for operation of the Senior Citizens Center in FY 2013 from the Bluegrass Area Development District (Resolution 0346-12). Additional grants included $252,727 from the U.S. Department of Justice for a computer network overhaul project for the Division of Police (Resolution 0361-12), $24,000 for Project Safe Neighborhood Program services (Resolution 0362-12), $23,800 for Cargo Tank Emergency Response Training from Safe Transportation Training Specialists (Resolution 0350-12), and stormwater quality project grants totaling $21,699 (Resolutions 0306-12 and 0321-12). ## Public Comment Two members of the public addressed the council during this meeting. **Bernard McCarthy** spoke at approximately [timestamp: 01:16:08] regarding the scrap metal ordinance and aluminum cans. He advocated for exempting aluminum cans from the scrap metal ordinance, noting that stealing canned beverages for the cans is unlikely and not a significant issue. **David Wickstrom** spoke at approximately [timestamp: 01:17:45] concerning fire department staffing and brownouts. He expressed concern over fire department brownouts and argued that police and fire services should be prioritized over golf course subsidies. He urged the council to ensure adequate staffing for firefighter safety. ## Appointments The following individuals were appointed to positions within various city divisions: **Division of Water Quality** - Aaron Johnson - Di-Linh Cao-Nguyen - La Vada Green - Michael Foster **Division of Parks and Recreation** - Justin Mullannix **Division of Waste Management** - Damon Griggs - Wanda Carole Siler **Division of Human Resources** - Mary Lyle **Division of Community Corrections** - Christopher Toombs - Adam Moss - Jerrod Stump - Wesley West - Dwayne Tyree **Division of Police** - Mark Brand - Thomas Perkins - Christopher Young - Joe Anderson **Office of the Mayor** - Mary Shaye Rabold **Division of Enterprise Solutions** - Jennifer Bailey **Division of Youth Services** - Chance Clay **Office of the Coroner** - John Cox **Division of Streets and Roads** - Guy Stone - Jeremy Asberry **Division of Revenue** - Rebecca Burke **Division of Building Inspection** - Nora Bryant ## Contested Items **Scrap Metal Ordinance** The scrap metal ordinance generated community opposition during the meeting. The ordinance was tabled to allow for additional public input and to facilitate a meeting with dealers. This action indicated significant community concerns about the proposed regulation and demonstrated the need for further review before proceeding with implementation. **Fire Department Staffing and Brownouts** A heated discussion emerged regarding fire department staffing levels and brownouts. Public comment raised concerns about fire department brownouts and advocated for prioritizing police and fire services over golf course subsidies. This prompted broader discussion among attendees about firefighter safety and appropriate staffing levels for the department. The debate reflected tension between competing budget priorities and public safety concerns. ## Roll Call The council clerk conducted roll call at the beginning of the meeting [timestamp: 00:00:00]. All council members were present except for Council Member Farmer, who was absent. ## Invocation Reverend Dr. Steve Nash, Chaplain for Hospice of the Bluegrass, delivered the invocation for the meeting [timestamp: 00:01:38]. In his opening prayer, Reverend Nash called for wisdom, service, and unity among the public servants gathered for the meeting. The invocation set a reflective tone for the proceedings to follow, emphasizing values of thoughtful leadership and collaborative governance. ## Presentation [timestamp: 00:03:53] Council Member Crosbie introduced Boy Scout Troop #1222, Den 3, who were in attendance at the meeting. The group was welcomed and thanked for their presence. This agenda item was informational in nature, with no debate or concerns raised during the discussion. ## Ordinance 0375-12: Neighborhood Design Character Overlay (ND-1) Zone [timestamp: 00:17:35] The council considered an ordinance to create a Neighborhood Design Character Overlay (ND-1) Zone covering 113.87 net acres. Council Members Myers and Stinnett were the key speakers during discussion of this agenda item. The ordinance was approved by roll call vote with a result of 13-0. Council Member Blues recused themselves from the vote. ## Ordinance 0309-12: Firefighter Recruitment Amendment [timestamp: 00:17:35] The council considered Ordinance 0309-12, which proposed to delete EMT and Paramedic certification preference points from the firefighter recruitment process. Council Member Myers and Council Member Stinnett were the key speakers on this agenda item. The ordinance was presented for consideration without recorded objections or substantive debate during the meeting. **Outcome** The ordinance was approved unanimously by the council. ## Ordinance 0315-12: Police Captain and Lieutenant Position Change [timestamp: 00:17:35] The council considered Ordinance 0315-12, which proposed to abolish one Police Captain position and create one Police Lieutenant position within the police department. Council Member Myers and Council Member Stinnett were the key speakers on this agenda item. The ordinance was presented for consideration and discussion by the council members. The ordinance was approved unanimously by the council, indicating no opposition to the proposed change in police department staffing structure. ## Ordinance 0334-12: Richmond Rd. Landscape Plan Waiver [timestamp: 00:17:35] The council considered a waiver for landscape plan requirements affecting three addresses on Richmond Road. Council Member Myers and Council Member Stinnett participated in the discussion of this matter. The ordinance was approved unanimously by the council. ## Ordinance 0335-12: Sewer System Discharge Correction [timestamp: 00:17:35] Ordinance 0335-12 addressed a correction to the article reference for sewer discharge regulations. Council Member Myers and Council Member Stinnett were the key speakers on this agenda item. The ordinance was approved unanimously by the council. ## Ordinance 0394-12: Engine Brake Prohibition [timestamp: 00:08:09] Ordinance 0394-12 concerning engine brake prohibition was discussed during this agenda item. The ordinance was amended to include an exception for emergency vehicles before being brought to a vote. Council Member Blues and Council Member Gordon were the key speakers on this matter. The ordinance was tabled for a new first reading, meaning the item was postponed and will require a fresh initial reading when it returns for consideration at a future meeting. ## Ordinance 0395-12: Taxicab Regulations Amendment Ordinance 0395-12, a comprehensive amendment to taxicab regulations, was presented for council consideration [timestamp: 00:17:35]. The ordinance received discussion from Council Member Myers and Council Member Stinnett. The ordinance was approved unanimously by the council. ## Ordinance 0397-12: Council Meeting Schedule Amendment [timestamp: 00:17:35] The council considered Ordinance 0397-12, which proposed amendments to the council meeting schedule. The ordinance included changes to meeting dates and the addition of new Committee of the Whole meetings. Council Member Myers and Council Member Stinnett were the key speakers on this agenda item. The discussion addressed the proposed schedule modifications, though specific details about which dates were changed or the rationale for adding Committee of the Whole meetings were not documented in the available materials. The ordinance was approved unanimously by the council, indicating no objections or concerns were raised during the deliberation. ## Ordinance 0398-12: Budget Re-appropriation (Schedule No. 64) This agenda item addressed a budget re-appropriation measure identified as Schedule No. 64. The discussion took place approximately 17 minutes and 35 seconds into the meeting [timestamp: 00:17:35]. **Key Speakers** Council Member Myers and Council Member Stinnett participated in the discussion of this ordinance. **Outcome** The budget re-appropriation was approved unanimously by the council. ## Ordinance 0311-12: Scrap Metal Regulations [timestamp: 00:15:25] The council considered Ordinance 0311-12 regarding scrap metal regulations. Council Member Stinnett and Council Member McChord were the key speakers on this agenda item. The ordinance was tabled to allow for additional public input and to facilitate a dealer meeting. This action indicated that the council determined more information and stakeholder engagement were necessary before proceeding with a vote on the proposed regulations. **Outcome:** The ordinance was tabled. ## Ordinance 0400-12: Zoning Change (Jefferson St.) [timestamp: 00:19:12] The Council considered a zoning change for Jefferson Street, proposing to reclassify the area from High Density Apartment to Neighborhood Business zoning. Council Member Lane and Council Member Lawless participated in the discussion of this agenda item. The ordinance was approved unanimously by the Council. ## Ordinance 0401-12: Zoning Change (Angliana Ave.) [timestamp: 00:19:12] The council considered a zoning change for property on Angliana Avenue, proposing to reclassify the area from Heavy Industrial to High Density Apartment zoning. **Key Speakers** Council Member Lane and Council Member Lawless participated in the discussion of this agenda item. **Outcome** The ordinance was approved unanimously by the council. ## Ordinance 0402-12: Group Residential Projects in R-5 Zone [timestamp: 00:23:38] The council considered Ordinance 0402-12 concerning group residential projects in the R-5 zone. The ordinance was amended to include Article 8 before being brought to a vote. Council Member Lane and Council Member Lawless were the key speakers on this agenda item. The ordinance was approved unanimously by the council. ## Ordinance 0458-12: Budget Re-appropriation (Schedule No. 66) This agenda item addressed a budget re-appropriation measure identified as Schedule No. 66. The discussion took place approximately 19 minutes and 12 seconds into the meeting [timestamp: 00:19:12]. **Key Speakers** Council Member Lane and Council Member Lawless participated in the discussion of this ordinance. **Outcome** The budget re-appropriation was approved unanimously by the council. ## Ordinance 0459-12: Pedestrian-Oriented Business Districts Ordinance 0459-12, which would authorize pedestrian-oriented business districts, was presented as agenda item V.5 [timestamp: 00:23:38]. Council Member Henson and Council Member Gordon were the key speakers during discussion of this ordinance. The ordinance was approved unanimously by the council. ## Resolution 0287-12: Janitorial Supplies Contracts [timestamp: 00:37:09] The council considered Resolution 0287-12, which addressed the acceptance of multiple bids for janitorial supplies contracts. Council Member Blues and Council Member Henson were the key speakers during discussion of this agenda item. The resolution was approved unanimously by the council. ## Resolution 0297-12: Fire Station No. 5 Renovations [timestamp: 00:37:09] The council considered Resolution 0297-12 concerning renovations to Fire Station No. 5. Council Member Blues and Council Member Henson were the key speakers on this agenda item. The resolution addressed the acceptance of a bid for the Fire Station No. 5 renovation project. The council voted to approve the resolution unanimously, moving forward with the proposed bid for the facility improvements. ## Resolution 0303-12: Fire Station No. 6 Renovations [timestamp: 00:37:09] The council considered Resolution 0303-12 regarding renovations to Fire Station No. 6. Council Member Blues and Council Member Henson were the key speakers on this agenda item. The resolution sought approval to accept a bid for the Fire Station No. 6 renovation project. The council voted unanimously to approve the resolution. ## Resolution 0304-12: Oil Consumption Contracts [timestamp: 00:37:09] The council considered Resolution 0304-12, which addressed the acceptance of bids for oil consumption contracts. The resolution pertained to bids for 5w20 and 15w40 oil products. Council Member Blues and Council Member Henson were the key speakers during discussion of this agenda item. The resolution was approved unanimously by the council. ## Resolution 0316-12: Police Emergency Equipment Resolution 0316-12 concerned the acceptance of a bid for police emergency lighting equipment. [timestamp: 00:37:09] Council Member Blues and Council Member Henson were the key speakers on this agenda item. The resolution was presented for consideration and discussion before the council. The resolution was approved unanimously by the council, with no recorded objections or abstentions to the bid acceptance for police emergency equipment. ## Resolution 0317-12: Swimming Pool Chemicals [timestamp: 00:37:09] The council considered Resolution 0317-12 regarding the acceptance of bids for swimming pool chemicals. Council Member Blues and Council Member Henson participated in the discussion of this agenda item. The resolution was approved unanimously by the council. ## Resolution 0332-12: Custodial Services Resolution 0332-12 concerning custodial services was presented for consideration at the April 26, 2012 meeting [timestamp: 00:37:09]. Council Member Blues and Council Member Henson participated in the discussion of this agenda item. The resolution involved accepting a bid for custodial services. The resolution was approved unanimously by the council. ## Resolution 0337-12: Crushed Glass Transport Resolution 0337-12 addressed the acceptance of a bid for crushed glass transport [timestamp: 00:37:09]. Council Member Blues and Council Member Henson were the key speakers on this agenda item. The resolution was approved unanimously by the council. ## Resolution 0339-12: Rain Suits Resolution 0339-12 concerning the acceptance of a bid for rain suits was presented to the council [timestamp: 00:37:09]. Council Member Blues and Council Member Henson were the key speakers during discussion of this agenda item. The resolution was approved unanimously by the council. ## Resolution 0340-12: Disposable Gloves Resolution 0340-12 concerning the acceptance of a bid for disposable gloves was presented to the council [timestamp: 00:37:09]. Council Member Blues and Council Member Henson participated in the discussion of this agenda item. The resolution was approved unanimously by the council. ## Resolution 0341-12: Stainless Steel Slide Gates [timestamp: 00:37:09] The council considered Resolution 0341-12 regarding the acceptance of a bid for stainless steel slide gates. Council Member Blues and Council Member Henson were the key speakers on this agenda item. The resolution was approved unanimously by the council. ## Resolution 0347-12: Commercial Fuel Resolution 0347-12 concerning the acceptance of a bid for commercial fuel was presented to the council. [timestamp: 00:37:09] Council Member Blues and Council Member Henson were the key speakers during discussion of this agenda item. The resolution was approved unanimously by the council. ## Resolution 0349-12: Inductive Loop Vehicle Detection Resolution 0349-12 concerning the acceptance of a bid for inductive loop vehicle detection was presented to the council [timestamp: 00:37:09]. Council Member Blues and Council Member Henson participated in the discussion of this agenda item. The resolution was approved unanimously by the council. The specific details of the bid, the vendor selected, project scope, or cost were not included in the available meeting materials. The resolution was adopted without recorded objections or concerns from council members. ## Resolution 0359-12: Baling Wire Resolution 0359-12 concerning the acceptance of a bid for baling wire was presented to the council [timestamp: 00:37:09]. Council Member Blues and Council Member Henson were the key speakers on this agenda item. The resolution was approved unanimously by the council. ## Resolution 0365-12: Storm Sewer Improvements Resolution 0365-12 concerning storm sewer improvements was presented to the council [timestamp: 00:37:09]. The resolution addressed the acceptance of a bid for storm sewer improvements. Council Member Blues and Council Member Henson were the key speakers during discussion of this agenda item. The resolution was approved unanimously by the council. ## Resolution 0370-12: Entrance Mat Rental [timestamp: 00:37:09] The council considered Resolution 0370-12 regarding the acceptance of a bid for entrance mat rental services. Council Member Blues and Council Member Henson participated in the discussion of this agenda item. The resolution was approved unanimously by the council. ## Resolution 0371-12: Probationary Civil Service Appointments Resolution 0371-12 addressed the ratification of multiple probationary civil service appointments. Council Member Blues and Council Member Henson were the key speakers during discussion of this agenda item [timestamp: 00:36:05]. The resolution was presented for consideration and approval by the council. No specific concerns or objections were raised during the discussion period. The resolution was approved unanimously by the council. ## Resolution 0280-12: Renewal Leases for Park Employees Resolution 0280-12, concerning renewal leases for park employees, was presented as agenda item VI.18 [timestamp: 00:37:09]. Council Member Blues and Council Member Henson were the key speakers during discussion of this agenda item. The resolution authorizing renewal leases for park employees was brought before the council for consideration. The resolution was approved unanimously by the council. ## Resolution 0282-12: Bond for County Judge/Executive Resolution 0282-12 addressed the approval of a bond for County Judge/Executive Jon Larson. [timestamp: 00:37:09] Council Member Blues and Council Member Henson were the key speakers on this agenda item. The resolution was presented for consideration and voted upon by the council. The resolution was approved unanimously, with no recorded objections or concerns raised during the discussion. ## Resolution 0291-12: Bond for County Clerk Resolution 0291-12, concerning the bond for County Clerk Donald W. Blevins, Jr., was presented to the council [timestamp: 00:37:09]. Council Member Blues and Council Member Henson were the key speakers on this agenda item. The resolution was approved unanimously by the council without recorded objections or concerns being raised during the discussion. ## Resolution 0305-12: ASL Interpreting Services [timestamp: 00:37:09] The council considered Resolution 0305-12, which authorized a billing agreement for ASL (American Sign Language) interpreting services. Council Member Blues and Council Member Henson were the key speakers on this agenda item. The resolution was approved unanimously by the council. ## Resolution 0306-12: Class A Incentive Grant **Outcome:** The resolution was approved unanimously. **Overview:** Resolution 0306-12 concerned the awarding of a Class A grant to The Friends of Wolf Run, Inc. [timestamp: 00:37:09] **Key Participants:** - Council Member Blues - Council Member Henson The resolution was brought before the council and voted on, resulting in unanimous approval. ## Resolution 0307-12: Land Swap for Burley Park Resolution 0307-12 authorized a land swap for Burley Park relocation and was approved unanimously by the council. [timestamp: 00:37:09] Council Member Blues and Council Member Henson were the key speakers on this agenda item. The resolution proceeded to a vote without recorded objections, resulting in unanimous approval. ## Resolution 0318-12: Traffic Safety and Speed Enforcement Grants Resolution 0318-12 authorized two grant applications related to traffic safety and speed enforcement. [timestamp: 00:37:09] **Key Speakers** Council Member Blues and Council Member Henson participated in the discussion of this agenda item. **Outcome** The resolution was approved unanimously. ## Resolution 0321-12: Class B Education Incentive Grant Resolution 0321-12 concerned the awarding of a Class B Education Incentive Grant to the UK Research Foundation. [timestamp: 00:37:09] Council Member Blues and Council Member Henson were the key speakers on this agenda item. The resolution was presented for consideration and discussion before the council. The resolution was approved unanimously by the council, with no recorded objections or abstentions to the measure. ## Resolution 0322-12: Class B Infrastructure Grants [timestamp: 00:37:09] The council considered Resolution 0322-12, which addressed the awarding of multiple Class B infrastructure grants. Council Member Blues and Council Member Henson were the key speakers during discussion of this agenda item. The resolution was approved unanimously by the council. ## Resolution 0333-12: Trail at Raven Run Nature Sanctuary Resolution 0333-12 authorized a grant application for a trail at Raven Run Nature Sanctuary. The matter was discussed by Council Member Blues and Council Member Henson [timestamp: 00:37:09]. The resolution was approved unanimously by the council. ## Resolution 0336-12: 2012 Consolidated Plan/Grant Application [timestamp: 00:36:05] The council considered Resolution 0336-12, which authorized the 2012 Consolidated Plan and HUD grant application. Council Member Blues and Council Member Henson were the key speakers on this agenda item. The resolution was approved unanimously by the council. ## Resolution 0342-12: HOME Agreement for Salem Village Apartments Resolution 0342-12 authorized a HOME agreement for rehabilitation and was brought before the council at approximately 37 minutes into the meeting [timestamp: 00:37:09]. Council Member Blues and Council Member Henson were the key speakers during discussion of this agenda item. The resolution received unanimous approval from the council. The agreement pertained to rehabilitation work at Salem Village Apartments. No specific concerns or objections were raised during the discussion, and the item proceeded to a unanimous vote in favor of approval. ## Resolution 0346-12: Senior Citizens Center Grant Resolution 0346-12, authorizing a grant for the Senior Citizens Center, was presented as agenda item VI.30 [timestamp: 00:37:09]. Council Member Blues and Council Member Henson participated in the discussion of this resolution. The resolution was approved unanimously by the council. No additional details regarding specific debate points, concerns raised, or the grant amount were provided in the available meeting materials. ## Resolution 0350-12: Hazmat Emergency Response Training Resolution 0350-12 authorized an agreement for hazmat emergency response training. The resolution was discussed by Council Member Blues and Council Member Henson [timestamp: 00:37:09]. The resolution was approved unanimously by the council. ## Resolution 0351-12: Parking Facility Transfer Resolution 0351-12 concerning a transfer agreement for parking facilities was presented to the council [timestamp: 00:37:09]. Council Member Blues and Council Member Henson were the key speakers during discussion of this agenda item. The resolution authorizing the transfer agreement for parking facilities was brought before the council for consideration. Following discussion among the council members, the resolution was approved unanimously by the body. ## Resolution 0352-12: Sewer Shed Field Activities Extension [timestamp: 00:37:09] The council considered Resolution 0352-12, which addressed an extension of sewer shed field activities. Council Member Blues and Council Member Henson were the key speakers on this agenda item. The resolution was approved unanimously by the council. ## Resolution 0353-12: Town Branch Trail Engineering Services Resolution 0353-12 authorized an engineering services agreement related to the Town Branch Trail project. [timestamp: 00:37:09] Council Member Blues and Council Member Henson participated in the discussion of this agenda item. The resolution was approved unanimously by the council. ## Resolution 0368-12: Supplemental Agreement with Ky. Transportation Cabinet **Overview** Resolution 0368-12 authorized a supplemental agreement with the Kentucky Transportation Cabinet for additional federal funds. [timestamp: 00:40:28] **Discussion** Council Member Ford and Council Member Gorton participated in the discussion of this agenda item. **Outcome** The resolution was approved unanimously. ## Resolution 0369-12: Grant from Lexington-Fayette County Health Dept. [timestamp: 00:40:28] This agenda item presented Resolution 0369-12, which authorized a grant from the Lexington-Fayette County Health Department. Council Member Blues and Council Member Henson were the key speakers during discussion of this item. The resolution was approved unanimously by the council. ## Resolution 0376-12: Grant for Day Treatment Program Resolution 0376-12, authorizing a grant for the Day Treatment Program, was presented for council consideration [timestamp: 00:40:28]. Council Member Blues and Council Member Henson were the key speakers during discussion of this agenda item. The resolution was approved unanimously by the council. ## Resolution 0389-12: Coolavin Rail Trail Project Extension Resolution 0389-12 sought to authorize an amendment to extend the Coolavin Rail Trail Project. [timestamp: 00:40:28] Council Member Ford and Council Member Gorton were the key speakers on this agenda item. The resolution was approved unanimously by the council. ## Resolution 0405-12: Agreement with Young Marines Resolution 0405-12, authorizing an agreement with the Young Marines, was presented for council consideration [timestamp: 00:40:28]. Council Member McChord and Council Member Crosby were the key speakers during discussion of this agenda item. The resolution was approved unanimously by the council. ## Resolution 0439-12: Support for Empower Lexington Energy Plan Council considered Resolution 0439-12, which expressed support for the Empower Lexington Energy Plan [timestamp: 00:40:28]. **Key Speakers** Council Member Blues and Council Member Henson participated in the discussion of this agenda item. **Outcome** The resolution was approved unanimously. ## Resolution 0442-12: Conditional Offers for Civil Service Appointments Resolution 0442-12, which authorized conditional offers for civil service appointments, was presented as an agenda item during the meeting [timestamp: 00:40:28]. Council Member Henson and Council Member Kay were the key speakers who addressed this resolution. The discussion centered on the conditional offers for multiple civil service appointments, though specific details about the individual positions or departments were not documented in the available record. The resolution was approved unanimously by the council, indicating there was no opposition to the conditional offers being authorized at this time. ## Resolution 0443-12: Ratification of Probationary Appointments [timestamp: 00:40:28] Resolution 0443-12 addressed the ratification of multiple probationary appointments. Council Member Henson and Council Member Kay were the key speakers during discussion of this agenda item. The resolution was presented for approval without recorded objections or substantive debate. No concerns were raised during the discussion period. The resolution was approved unanimously. ## Resolution 0405-12: Agreement with Young Marines (Second Reading) The council considered Resolution 0405-12, which authorized an agreement with the Young Marines, during the second reading of the measure [timestamp: 00:40:28]. Council Member McChord and Council Member Crosby participated in the discussion of this agenda item. No specific concerns or objections were raised during the deliberation. The resolution was approved unanimously by the council. ## Resolution 0439-12: Support for Empower Lexington Energy Plan (Second Reading) The Council considered Resolution 0439-12 in support of the Empower Lexington Energy Plan on its second reading [timestamp: 00:40:28]. Council Member Blues and Council Member Henson were the key speakers during discussion of this agenda item. The resolution was presented for final approval following its initial reading. The resolution was approved unanimously by the Council. ## Resolution 0442-12: Conditional Offers for Civil Service Appointments (Second Reading) **Overview** Resolution 0442-12, authorizing conditional offers for civil service appointments, was presented as a second reading item during the meeting [timestamp: 00:40:28]. **Key Speakers** Council Member Henson and Council Member Kay participated in the discussion of this resolution. **Outcome** The resolution was approved unanimously by the council. ## Resolution 0443-12: Ratification of Probationary Appointments (Second Reading) [timestamp: 00:40:28] Resolution 0443-12, concerning the ratification of probationary appointments, was presented for second reading. Council Member Henson and Council Member Kay were the key speakers during discussion of this agenda item. The resolution was approved unanimously by the council. ## Resolution 0303-12: Police Disciplinary Action Agreement **Overview** Resolution 0303-12 addressed disciplinary action for Officer Della Cameron and was presented as agenda item VII.13 during the meeting [timestamp: 01:10:54]. **Key Speakers** Council Member Crosbie and Council Member Lawless participated in the discussion of this resolution. **Outcome** The resolution approving the disciplinary action for Officer Della Cameron was approved unanimously. ## Resolution 0303-12: Motion to Enter Closed Session [timestamp: 01:20:24] The council considered a motion to enter closed session for the purpose of discussing employee discipline matters. Council Member Gordon and Council Member Henson were the key speakers on this agenda item. The motion was approved unanimously by the council. --- ## Decisions - **Ordinance 0394-12** — postponed: Amendment to add emergency exception to engine brake prohibition - **Ordinance 0394-12** — passed: New first reading of amended engine brake ordinance - **Ordinance 0311-12** — tabled: Tabling of scrap metal ordinance for additional public input - **Ordinance 0375-12** — passed (13-0): Approval of Neighborhood Design Character Overlay (ND-1) zone - **Ordinance 0309-12** — passed (14-0): Approval of firefighter recruitment amendment - **Ordinance 0315-12** — passed (14-0): Approval of police captain and lieutenant position change - **Ordinance 0334-12** — passed (14-0): Approval of Richmond Rd. landscape plan waiver - **Ordinance 0335-12** — passed (14-0): Approval of sewer discharge ordinance correction - **Ordinance 0395-12** — passed (14-0): Approval of taxicab regulations amendment - **Ordinance 0397-12** — passed (14-0): Approval of council meeting schedule amendment - **Ordinance 0398-12** — passed (14-0): Approval of budget re-appropriation (Schedule No. 64) - **Ordinance 0311-12** — passed: Amendment to correct clerical error in zoning ordinance - **Ordinance 0311-12** — passed (14-0): Second reading of amended zoning ordinance for group residential projects - **Ordinance 0459-12** — passed (14-0): Second reading of pedestrian-oriented business district ordinance - **Resolution 0303-12** — passed (13-0): Approval of probationary civil service appointments - **Resolution 0336-12** — passed (13-0): Approval of 2012 Consolidated Plan/Grant Application to HUD - **Resolution 0287-12** — passed (14-0): Approval of multiple vendor bids for janitorial supplies - **Resolution 0297-12** — passed (14-0): Approval of bid for Fire Station No. 5 renovations - **Resolution 0303-12** — passed (14-0): Approval of bid for Fire Station No. 6 renovations - **Resolution 0304-12** — passed (14-0): Approval of oil consumption contracts - **Resolution 0316-12** — passed (14-0): Approval of bid for police emergency lighting - **Resolution 0317-12** — passed (14-0): Approval of swimming pool chemical contracts - **Resolution 0332-12** — passed (14-0): Approval of custodial services contract - **Resolution 0337-12** — passed (14-0): Approval of crushed glass transport contract - **Resolution 0339-12** — passed (14-0): Approval of rain suit contract - **Resolution 0340-12** — passed (14-0): Approval of disposable gloves contract - **Resolution 0341-12** — passed (14-0): Approval of stainless steel slide gates contract - **Resolution 0347-12** — passed (14-0): Approval of commercial fuel contract - **Resolution 0349-12** — passed (14-0): Approval of inductive loop vehicle detection contract - **Resolution 0359-12** — passed (14-0): Approval of baling wire contract - **Resolution 0365-12** — passed (14-0): Approval of storm sewer improvements contract - **Resolution 0370-12** — passed (14-0): Approval of entrance mat rental contract - **Resolution 0280-12** — passed (14-0): Approval of renewal leases for park employees - **Resolution 0282-12** — passed (14-0): Approval of bond for County Judge/Executive - **Resolution 0291-12** — passed (14-0): Approval of bond for County Clerk - **Resolution 0305-12** — passed (14-0): Approval of billing agreement for ASL interpreting services - **Resolution 0306-12** — passed (14-0): Approval of Class A incentive grant for stormwater project - **Resolution 0307-12** — passed (14-0): Approval of land swap for Burley Park relocation - **Resolution 0318-12** — passed (14-0): Approval of grant applications for traffic safety and speed enforcement - **Resolution 0321-12** — passed (14-0): Approval of Class B education incentive grant for stormwater project - **Resolution 0322-12** — passed (14-0): Approval of Class B infrastructure grants for stormwater projects - **Resolution 0333-12** — passed (14-0): Approval of grant application for trail at Raven Run Nature Sanctuary - **Resolution 0342-12** — passed (14-0): Approval of HOME agreement for Salem Village Apartments - **Resolution 0346-12** — passed (14-0): Approval of grant application for Senior Citizens Center operation - **Resolution 0350-12** — passed (14-0): Approval of agreement for hazmat emergency response training - **Resolution 0351-12** — passed (14-0): Approval of transfer agreement for parking facilities - **Resolution 0352-12** — passed (14-0): Approval of extension for sewer shed field activities - **Resolution 0353-12** — passed (14-0): Approval of engineering services agreement for Town Branch Trail - **Resolution 0368-12** — passed (14-0): Approval of supplemental agreement with Kentucky Transportation Cabinet - **Resolution 0369-12** — passed (14-0): Approval of grant from Lexington-Fayette County Health Dept. - **Resolution 0376-12** — passed (14-0): Approval of grant application for Day Treatment Program - **Resolution 0389-12** — passed (14-0): Approval of amendment to extend Coolavin Rail Trail Project - **Resolution 0442-12** — passed (14-0): Approval of conditional offers for civil service appointments - **Resolution 0443-12** — passed (14-0): Approval of ratification of probationary civil service appointments - **Resolution 0405-12** — passed (14-0): Approval of agreement with Young Marines - **Resolution 0439-12** — passed (14-0): Approval of support for Empower Lexington Energy Plan - **Resolution 0442-12** — passed (14-0): Second reading of conditional offers for civil service appointments - **Resolution 0443-12** — passed (14-0): Second reading of ratification of probationary civil service appointments - **Resolution 0405-12** — passed (14-0): Second reading of agreement with Young Marines - **Resolution 0439-12** — passed (14-0): Second reading of support for Empower Lexington Energy Plan - **Resolution 0303-12** — passed (14-0): Approval of police disciplinary action agreement - **Resolution 0303-12** — passed (14-0): Approval of motion to enter closed session --- ## Full transcript Behavior. Welcome everyone. This is a meeting of the Council, and I'll call the meeting to order. And first on our agenda is a roll call by our clerk. And for the Cub Scouts, what this represents is our clerk calls the roll so that everyone who's here is able to say here. I bet you all have heard that before. Okay, good. Adam Clerk. Mr. Blues. Here. Ms. Crosby. Here. Mr. Ellinger. Here. Mr. Farmer. Mr. Ford Here Ms. Gordon Here Ms. Henson Here Mr. Kay Here Mr. Lane Here Ms. Lawless Here Mr. Martin I too was a Cub Scout and I am here Mr. McCord Here Mr. Myers Here Mr. Stennett Yes ma'am Mr. Beard Present And Ms. Okay. Thanks. Good season. Are we done? Thank you. All right. And next on our agenda is the invocation. And tonight we have with us the Reverend Dr. Steve Nash, who is the chaplain with Hospice of the Bluegrass. Dr. Nash. We'll all stand up. O source of all life, we express thankfulness for this community in which we are blessed to live and work and serve and play. Thankfulness for its amazing natural beauty. Thankfulness for the diversity and the industry and the prosperity of its people. We pray a blessing upon these public servants in this meeting and in every day of their endeavors. May they always act with character and conviction, always listen with understanding and goodwill, always speak with charity and restraint. Give to them and give to all of us a spirit of service. Help them to see the humanity and dignity of those who may disagree and to treat all persons, no matter how weak or poor, with the reverence that is a sacred birthright. And finally, renew within them the strength of divine creativity as they lead in building a community worthy of the human family. This is our hope, our desire, our prayer. Amen. Thank you, Steve, and thanks for all that you do through hospice and how it affects so many of our citizens and their families. Thank you. All right. Next on our agenda, tonight we had a proclamation which was scheduled to be presented to Commander Irvin Lyons, but he ran into a scheduling conflict and could not attend this evening, so we will be rescheduling that presentation. And next, I will introduce Council Member Casey Crosby, who will introduce some of our special guests. Council Member Crosby. Thank you, Mayor. Council Members, please join me in welcoming Troop 1222, Den 3. You probably saw us taking pictures at the beginning of the meeting. These are some Boy Scouts who have spent a little time with us over the past hour. And as you can tell, they are very well-behaved, fine young men. And I'll tell you all that they came up here before you guys got in here, and they were all sitting in your seats. And they looked pretty comfortable. So I don't doubt someday we may see some future council members and perhaps even a mayor in this fine group of young men. So, boys, thank you so much for coming out. Our meetings can get a little long. You're welcome to stay a few minutes. But if your parents want to go ahead and take you all out and get out in this pretty sunshine, we're okay with that, too. So thank you all for coming. Good night. Thank you all. Thank you all. All right. Thank you all. Thanks. Thank you all for coming tonight. All right. Next on our agenda is the second reading of ordinances, and I'll ask our clerk if she will read our ordinances. And number Susan will, I think, Council Member Blues has a motion to amend number six. And Council Member Stennett has a motion on number ten. So, Madam Clerk. Yes, sir. Ordinance number one, an ordinance creating a neighborhood design character overlay in D1 zone for 113.87 plus or minus net, 150.90 plus or minus gross acres to preserve existing neighborhood character for properties located at 200 through 368 Boiling Springs Drive, 207 through 291 Burke Road, 1443 through 1602 North Forbes Road, 216-352 Glendale Avenue 212-353, 357 and 361 Hillsboro Avenue 212-329 Larch Lane 1519-1649 Old Leestown Road Odd addresses only 310-331 Leona Drive 1456-1650 Meadowthorpe Avenue 1541-1545 Penrod Drive 215-267 Pepper Drive 209 through 340 Taylor Drive, and 1442 through 1509 Townley Drive, Urban County Planning Commission. Number two, an ordinance vending Section 2318 of the Code of Ordinances related to firefighter recruitment to delete the award preference points for EMT and paramedic certifications in Section 1F4. Number three, an ordinance vending Section 235A of the Code of Ordinances abolishing one position of sworn police captain, grade 318E, and creating one position of sworn police lieutenant grade 317E in the Division of Police appropriating funds pursuant to Schedule No. 65 effective upon passage of council. No. 4, an ordinance granting a waiver to the Richmond Road Landscape Plan, Ordinance No. 213-83 for 2299, 2349, and 2399 Richmond Road. No. 4, an ordinance submitting Section 1 of Ordinance No. 13-2012 relating to discharges of surface or groundwater into the Urban County Sanitary Sewer System to correctly identify the Article of Chapter 16 of the Code of Ordinances within which sections 16-111, 16-112, 16-113, 16-114, and 16-115 were created as Article 11. Now the motion. Council Member Blues. Thank you, Mayor. Council Members, regarding number six, a copy of the ordinance I've just put before you, although you have copies distributed earlier on, In order to meet some of the concerns of our first responders, I have a motion to amend as follows. To amend item number six under second reading ordinances pertaining to engine brakes, to add the following language as the second sentence of subsection 10-40A, This prohibition shall not apply to personnel of the urban county government who are driving vehicles related to providing emergency services or any driver of a vehicle who is responding to an emergency event. So moved. Second. It's a motion by Council Member Beard. Second by Vice Mayor Gordon. As I understand it, Mayor, this is a material change and will require a new second reading, and we will, if after the first reading, and we'll do the second reading at a following council meeting. Yes, sir. That's my understanding as well, so thank you. So is there any discussion on the motion? Hearing none, we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Madam Clerk, you may continue. Okay. A new first reading for Ordinance No. 6, an ordinance creating Section 18-40 of the Code of Ordinances of the Lexington-Pate-Irban County Government prohibiting the use of or operation of any engine brake, compression brake, or mechanical exhaust device designed to aid in the braking or deceleration of any vehicle which results in a noise disturbance except on limited-access highways or in certain emergency circumstances, and establishing a fine for an offense of not less than $50 nor more than $500 for each offense, all effective on July 1, 2012. Number seven, an ordinance submitting sections 18A-1, 18A-2, 18A-3, 18A-4, 18A-5, 18A-7, 18A-8, 18A-9, 18A-10, 18A-11, 18A-13, 18A-14, 18A-15, 18A-16, 18A-17, 18A-18, 18A-20, 18A-21, and 18A-24, renumbering 18A-25 as 18A-26 and amending the same and creating 18A-25 of the Code of Ordinances related to the vehicles for hire to correct capitalization, broaden what is included as compensation in the definition of taxicab, define fair permit a designee of the Commissioner of Public Safety to hear appeals of denials of taxicab permits, require that changes in the number of vehicles be reported, Provide that renewals shall be done each fiscal year. Increase the fee for a driver to transfer to another company to $15. Require that the driver report the transfer within 10 calendar days and provide for suspension of the driver's permit if the driver fails to report the transfer. Permit a designee of the Commissioner of Public Safety to accept application for driver's permits. Increase the application fee for a driver's permit to $25. Permit a designee of the Commissioner of Public Safety to hear an appeal if an application for a driver's permit is rejected and require that such a hearing be requested within 14 days of the rejection. Increase the number of days a driver's permit may be suspended by the Chief of Police to 365 days and require that a hearing before the Commissioner of Public Safety or his designee concerning suspension or revocation of a driver's permit be requested within 14 days. Permit a designee of the Commissioner of Public Safety to suspend or revoke a driver's permit for failure to comply with the urban county, state, or federal laws, permit a designee of the Commissioner of Public Safety to establish random intervals for inspection of vehicles, provide for biannual inspections, provide that magnetic placards are not considered to be permanently affixed to a vehicle for identification purposes, and that a light shall be placed on top of the vehicle, identifying it as a taxi, requiring that a vehicle not meeting the requirements for vehicle identification to be taken out of service until it is in compliance. Increase to seven days the time by which a vehicle with a modified design for special event must be returned to its original color scheme and insignia. Provide that during a traffic stop by law enforcement, a fare shall not be assessed. Fees during the duration of a traffic stop require that the name of the driver appear on a receipt. Require the Division of Police to issue a citation upon discovering a violation of Chapter 18A. Permit law enforcement to conduct random compliance inspections on taxicabs when a taxicab is occupied only by the operator. Require the officer to issue a citation if violations are found. Require that the taxicab be placed out of service if the violations cannot be immediately remedied. Provide that only the Commissioner of Public Safety or a designee may place a taxicab back into service. require the driver to secure alternate transportation for a fare if a fare is present when a taxicab is taken out of service, and provide that a fare shall not be responsible for any fees incurred up to the point of the taxicab being placed out of service, provide for service 365 days a year, provide for the driver's picture identification to be visible in taxicabs, and increase the minimum fine to $100 and permit imprisonment for up to 30 days for a violation of the provisions of Chapter 18A. Number 18, an ordinance amending Section 1 of Ordinance No. 158-2011, amending the schedule of meetings for the Lexington-Paylor County Council for the calendar year 2012 to change the date of the Planning and Public Works Committee meeting schedule for June 12 to June 19 to change the date of the Budget and Finance Committee scheduled for June 19 to June 12 at 9 a.m., to cancel the Social Services and Community Development Committee meeting scheduled for June 12, to add Committee of the Whole meetings on April 26 at 3.30 p.m., May 29 at 1 p.m., and June 7 at 3 p.m., and to change the time of the Quarterly Committee of the Whole meeting scheduled for May 17 to 3 p.m. Number nine, an ordinance submitting certain of the budgets of the Lexington-Fayette-Irvin County Government to reflect current requirements for municipal expenditures in appropriating and reappropriating funds, Schedule number 64. And I believe you said there was another motion on number 10. Council Member Stendon. Oh, thank you, Mayor. For those watching at home, this is the scrap metal ordinance that has been before this council since early March through the committee process and was voted out through that process to the full council to consider for passage. Obviously, you know, we've worked on this for quite some time, over a year in the making. We've tracked the numbers that go along with this ordinance and the epidemic that this situation has caused in our community since November of 2010. It's well over a $7 million issue for this community. And obviously this council has some angst to go ahead and get this passed tonight, and I appreciate those colleagues on here that want to go ahead and do that. But in order for us to get the best possible ordinance and consider the proposal that we heard on Tuesday, as well as listen to any concerns some of you may still have, as well as those dealers who are here in attendance tonight. Over the next two weeks, I would make a motion to table this ordinance until the May 10th council meeting. Again, this is not an attempt to change the ordinance in any material way or not bring it forward after that day. This is an attempt to work and make sure we have the best possible ordinance for our community because this is something we need to do. This is something that citizens are asking us to do, and obviously they're not in the room tonight, but we have had some great comments on both sides of the argument, and I would ask the council to consider that until the May 10th council meeting, at which time any of you are invited to attend a meeting that I will call on the fifth floor with the dealers to hash out any details we need before we proceed on this ordinance. Second. Motion by Council Member Stennett, second by Council Member McCord. is there any discussion on the motion vice mayor gordon i just wanted to ask when is the meeting scheduled we haven't scheduled the meeting vice mayor oh okay thank you i will email councilman so that they can be in attendance if they'd like okay thank you is there any further discussion on the motion all right oh council member crosby i just want to thank council member stinnett um for putting for waiting two weeks um i had some late questions uh due to some public input that i got. So, Council Member Stinnett, thank you so much for your willingness to allow a little bit more time to make sure this is the best thing we can pass. Thank you. All right. If there's no further discussion, then we can take a vote. All in favor of the motion, please indicate by saying aye. Aye. Opposed, no. The motion carries. Thank you, Mayor. Yes, sir. Thank you. All right. Is there a motion to approve the ordinances? Second. Moved by Council Member Myers. Second by Council Member Stennett. Is there any discussion on the motion? All right. Hearing none, then I'll ask the clerk to please call the roll. And just for clarification, that motion was to approve ordinances 1 through 5, 7, 8, and 9. Yes, ma'am. Correct. All right. And we can vote electronically, please. Yes, sir. And call the roll. Thank you. Yes, sir. Mr. Blues? We use on number one. Yes on the rest. Thank you. Ms. Crosby? Yes. Mr. Ellinger? Yes. 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. Thank you, Madam Clerk. The vote reflects passage of the motion. And when you are ready, we can move on to first reading ordinances. Ordinance number 12, an ordinance changing the zone from a high-density apartment R4 zone to a neighborhood business B1 zone for 0.21 net, 0.35 gross acre for property located at 175 and 185 Jefferson Street, Gray Goose, LLC. Number 12, an ordinance changing the zone from a heavy industrial I-2 zone to a high-density apartment R-4 zone for a 0.23 net and gross acre for property located at 527 Angliana Avenue, a portion of Angliana P-2 Development, LLC. And there's a motion on Number 13. Motion on Number 10. Council Member Lane. Thank you, Mayor. I move to amend ordinance number 13 on the docket for the first reading to correct a clerical error that omitted reference to the amendment to Article 8 of the zoning ordinance that is part of this text amendment. So move. Second. This is a motion by Council Member Lane, second by Council Member Lawless. Is there any discussion on the motion? All right. Hearing none, we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. All right. Madam Clerk. Okay. Ordinance number 13, as amended for first reading, an ordinance amending Articles 8 and 9 of the zoning ordinance to allow group residential projects in the high-rise apartment R5 zone. Number 14, an ordinance amending certain of the budgets of the Lexington-Fade Urban County Government to reflect current requirements for municipal expenditures in appropriating and reappropriating funds. Schedule number 66 and number 15, an ordinance creating Chapter 13 and Article 18 of the Code of Ordinances of the Lexington-Fade Urban County Government to authorize council designation of pedestrian-oriented business districts to eliminate or modify off-street parking requirements. Thank you, Madam Clerk. Are there any motions for walk-ons or to suspend the rules for second readings from Council Members? Council Member Stennett. Thank you, Mayor. I would request we suspend the rules and give second reading number 13 so this zone text amendment can move forward. It was passed unanimously by the Planning Commission, and there was no opposition to the text amendment. Second. Okay. Motion by Council Member Stennett, second by Council Member McCord. Is there any discussion on the motion? Okay. Hearing none, we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Are there any other motions? Council Member Lawless. I'd like to suspend rules on number 15 for the same reason so it can go on to the Planning Commission for consideration. Oh, all right. Is there a second? Who is the second? Council Member Lane? No, Council Member Ford, sorry. There's a motion and a second. Is there any discussion on the motion on number 15? Okay, hearing none, we can take a vote. All in favor, please say aye. Aye. Opposed, no. The motion carries. All right, any more? I think there's a motion. Commissioner Paulson has a motion. All right, Derek, no. I thought Oh, okay. Sorry. Didn't know that. Good, good. Thank you. Thank you. All right, sir. Then, Madam Clerk. Did you have something, Councilman Lane? No? No, sir. No. Sorry, that should have gotten cleared out. I apologize. All right. Great. So you want to do a second read? Yes, sir. Thank you, ma'am. Ordinance number 13 for second reading, an ordinance submitting articles 8 and 9 of the zoning ordinance to allow group residential projects in the high-rise apartment R5 zone. And number 15, an ordinance creating Chapter 13 and Article 18 of the Code of Ordinances of the Lexington Fayette-Irvin County Government to authorize Council designation of pedestrian-oriented business districts to eliminate or modify off-street parking requirements. Thank you. Thank you, ma'am. Is there a motion? Second. Motion by Council Member Hanson, seconded by Vice Mayor Gordon. Is there any discussion on the motion? All right. Hearing none, I'll ask the clerk to please call the roll. Mr. Blues? Yes. Ms. Crosby? Yes. Mr. Ellinger? Yes. 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. Thank you, ma'am. The vote reflects passage of the motion. All right, Madam Clerk, when you're ready, resolutions for secondary. Resolution number one, a resolution accepting the bids of Kenway Distributors, Bauman Paper, Pyramid School Products, ExpedX, Southfield, Unipack Corporation, Interboro Packaging Corporation, HP Products Corporation, and Southwest Jefferson Incorporated establishing price contracts for janitorial chemicals and supplies for various departments and divisions. Number two, a resolution accepting the bid of Churchill-McGee, LLC, in the amount of $138,850 for structural repairs and exterior renovations to Fire Station Number five for the Division of Fire and Emergency Services, and authorizing the mayor on behalf of the urban county government to execute any necessary agreements with Churchill-McGee, LLC. Number three, a resolution accepting the bid of Mitchell Construction Management, LLC, in the amount of $54,000 for exterior renovations to Fire Station Number 6 for the Division of Fire and Emergency Services and authorizing the mayor on behalf of the Irvin County Government to execute an unnecessary agreement with Mitchell Construction Management, LLC, related to the bid. Number four, a resolution accepting the bids of Apollo Oil Company and Elite Petroleum, Incorporated Establishing Price Contracts for 5W20 and 15W40 Oil Consumption for the Division of Facilities and Fleet Management. Number five, a resolution accepting the bid of Truckers Lighthouse Establishing Price Contract for Police Emergency Equipment Lighting for the Division of Police. Number six, a resolution accepting the bid of EMSCO Doing Business as OP Aquatics and Brintag Mid-South Incorporated Establishing Price Contracts for Swimming Pool Chemicals for the Division of Parks and Recreation. Number seven, a resolution accepting the bid of Intech Building Services, Incorporated, establishing a price contract for custodial services, waste management, for the Division of Facilities and Fleet Management. Number eight, a resolution accepting the bid of Republic Services of Kentucky, LLC, establishing a price contract for crushed glass transport for the Division of Waste Management. Number nine, a resolution accepting the bid of uniforms, manufacturing, Incorporated, establishing a price contract for rain suits for the Division of Waste Management. Number 10, a resolution accepting the bid of Safety Guard International Incorporated establishing a price contract for disposable gloves for the Division of Community Corrections. Number 11, a resolution accepting the bid of Hydro Controls Incorporated establishing a price contract for fabricated stainless steel slide gates for the Division of Water Quality. Number 12, a resolution accepting the bid of Speedway LLC establishing a price contract for commercial fuel for the Division of Facilities and Fleet Management. Number 13, a resolution accepting the bids of the bid of Davis H. Elliott Construction Company, Incorporated, establishing a price contract for inductive loop vehicle detection and installation for the Division of Traffic Engineering. Number 14, a resolution accepting the bid of Accent Wire, establishing a price contract for Bailing Wire for the Division of Waste Management. Number 15, a resolution accepting the bid of Woodall Construction Company, Incorporated, in the amount of $422,020.08 for the Anniston-Wickland Capital Storm Sewer Improvements Phase 1 for the Division of Water Quality and authorizing the mayor on behalf of the Urban County Government to execute any necessary agreement with Woodall Construction Company Incorporated related to the bid. Number 16, a resolution accepting the bid of G&K Services establishing a price contract for rental of entrance mats for the Division of Facilities and Fleet Management. Number 17, a resolution ratifying the probationary civil service appointments of Aaron Johnson, trades worker senior, grade 109 N, 15.605 hourly in the Division of Water Quality, effective April 9, 2012. Justin Mullinex, golf pro supervisor, grade 117 E, 1,972.64 biweekly in the Division of Parks and Recreation, effective April 9, 2012. Damon Griggs, Micro Computer Support Specialist, Grade 113N, 18.63, hourly in the Division of Waste Management, effective April 9, 2012. Mary Lyle, Human Resources Manager, Grade 119E, 2006-64, 15, biweekly in the Division of Human Resources, effective April 16, 2012. Ratifying the probationary sworn appointments of Christopher Toombs, Adam Moss, Jared Stump, Wesley West, Dwayne Tyree, Community Correction Sergeant, Grade 112N, 23.19. hourly in the Division of Community Corrections, effective April 9, 2012, ratifying the permanent student appointments of Mark Brand, police lieutenant, grade 317E, in the Division of Police, effective March 20, 2012, Thomas Perkins, police sergeant, grade 315N, in the Division of Police, effective March 19, 2012, ratifying the unclassified civil service appointment of Mary Shea Raybold, Administrative Aid to the Mayor's Senior, Grade 120E, 300198231, biweekly, in the Office of the Mayor, effective April 5, 2012. Number 18, a resolution authorizing the Mayor on behalf of the Urban County Government to execute a renewal leases with various Lexington-Fade Urban County Government employees for renewal of leases of parks-owned property for employees who perform security and maintenance duties. Number 19, a resolution approving pursuant to KRS 67.720 in Section 22-55.1 of the Code of Ordinances, the bond with surety of John Larson, County Judge Executive, in the amount of $10,000 and directing the Department of Law to record the bond with surety, along with a certified copy of this resolution in the Office of the Fayette County Clerk. 20, a resolution approving pursuant to KRS 62.055 in Section 22-55.1 of the Code of Ordinances, the bond with surety of Donald W. Blevins, Jr., county clerk, $400,000, and directing the Department of Law to record the bond with surety, along with a certified copy of this resolution in the office of the Fayette County Clerk. Number 21, a resolution authorizing and directing the mayor on behalf of the Irwin County Government to execute a billing agreement with Central Kentucky Interpreter Referral, Incorporated for American Sign Language Interpreting Services for the Celebration of Disability Expo at a cost not to exceed $600. Number 22, A resolution authorizing the mayor on behalf of the urban county government to execute a grant award agreement with awarding a class a incentive grant for a stormwater quality project to the friends of wolf run incorporated in the amount of 4,185 dollars. 23 A resolution authorizing the mayor on behalf of the urban county government to execute an agreement with burlington heights LLC for a land swap to relocate burley park. Number 24. and authorizing the mayor to transfer unencumbered funds within the grant budget. 25. A resolution authorizing the mayor on behalf of the urban county government to execute a grant award agreement awarding a Class B education incentive grant for a stormwater quality project to UK Research Foundation in the amount of $17,514. 26. A resolution authorizing the mayor on behalf of the urban county government to execute agreements awarding Class B infrastructure construction-only incentive grants For stormwater quality projects to the Living Arts and Science Center, Inc., $60,440, and the Community Montessori School, Inc., $360,160, and the Board of Education of Fayette County, $320,400, and awarding Class B Infrastructure Feasibility Incentive Grants to the Board of Education of Fayette County, $12,000, and Lexmark International, Inc., $34,000, at a cost not to exceed the sums stated. Twenty-seven, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute and submit a grant application to the Kentucky Department for Local Government and to provide any additional information requested in connection with this grant application, which grant funds are in the amount of $75,000 federal funds and are for construction of a new trail at Raven Run's Nature Sanctuary. Twenty-eight. Block Grant Program $1,993,717, Home Program $945,184, and Emergency Solutions Grant Program $164,919, the acceptance of which obligates the urban county government for the expenditure of $268,636 from various funding sources as local cash match and $98,950 in-kind match, authorizing the mayor to transfer unencumbered funds within the grant budget and authorizing the mayor to execute agreements for the approved plan. 29. A resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a home agreement with National Housing Associates, Inc. for use of home funds for the rehabilitation of Salem Village Apartments at a cost not to exceed $400,000. Number 30. A resolution authorizing and directing the mayor on behalf of the Urban County Government to execute and submit a grant application to the Bluegrass Area Development District to provide any additional information requested in connection with this grant application and to accept this grant if the application is approved, which grant funds are in the amount of $83,101 federal funds for the operation of a senior citizen center in FY 2013, the acceptance of which obligates the urban county government for the expenditure of $160,146 as a local match and authorizing the mayor to transfer and encumber funds within the grant budget. Thirty-one, a resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute an agreement with Safe Transportation Training Specialists for Cargo Tank Emergency Response Training for HAZMAT units throughout the state at a cost not to exceed $23,800. Thirty-two, a resolution authorizing the mayor on behalf of the Irvin County Government to execute a transfer agreement with Lexington and Fayette County Parking Authority for transfer of operations of various parking facilities and the Broadway shops. 33, a resolution accepting the extension of the time of completion of the SSA Group 2 3rd's Sewer Shed Field Activities Raising Manholes, Contract 4 with Tobacco Rose Farm Construction and Development Services to May 2012 at no additional cost to the urban county government. And number 34, a resolution authorizing the mayor on behalf of the urban county government to execute an engineering services agreement with CDP Engineers, Inc. for design of Town Branch Trail Phase 3 for the Division of Water Quality at a cost not to exceed $71,450. Thank you, Madam Clerk. Is there a motion to approve the resolutions? There's a motion by Council Member Blues, second by Council Member Henson. Is there any discussion on the motion? Council, motion rather, Council Member Stenet. Thank you, Mayor. I just had a question on number 17 under second reading. These are the promotions in some of our public safety sectors. I just want to understand, I think Commander Armstrong may have snuck out, maybe Commissioner Mason can answer. Do these promotions, and again, I'm all for giving people their promotions when we need leadership moving up, but does this leave vacancies on our patrol level for those that are in the Division of Police? You know offhand. I know we did some previously tonight. Actually, most of the promotions are in corrections. There were two police. And there's some later on tonight. Okay. I just wonder if we could comment on any of them and what void it feels at the bottom where we need people as well. Let me check with Commander Armstrong to affirm that up. If you don't mind, because there's some more coming up. These may be positions of patrol lieutenant and sergeant. Okay. They're still out there. Fair enough. Thank you. Thank you, Mayor. Thank you, Council Member Stennett. Is there any further discussion on the motion? Hearing none, then I'll ask the clerk if she'll please call the roll. Mr. Blues? Yes. Ms. Crosby? Yes, ma'am. Mr. Ellinger? Yes. Mr. Ford? I recuse on number 28. Yes on all the rest. Thank you. Ms. Gordon? Aye. Ms. Henson? Yes. Mr. Kay? Yes. Mr. Lane? Yes. Ms. Lawless? I think somebody was signed up to speak on one of these issues. I didn't have anybody to sign up to. Oh. Well, I think that we're right in the middle of a roll call right now, so after this issue, or after we take the roll, if it's related to, I think there's a time for public comment, and we'll do it then. Okay. Mr. Martin? Yes. Mr. McCord? Yes. Mr. Myers? Yes. Mr. Stennett? Yes, ma'am. And Mr. Beard? Aye. All right. All right. Next on our agenda, resolutions for a first reading. And on number 46, Council Member Blues, I'm told, has a comment on number 46. And on number 58, it requires a public hearing. Okay, so we'll stop at number 46 and number 58. All right. Resolution number 35 for first readings, a resolution accepting the bids of Pierce Blackburn Roofing, LLC, Calcroft Roofing, and Sheet Metal Incorporated, and Holland Roofing at Louisville, establishing price contracts for roofing, repairs, and maintenance for the Division of Facilities and Fleet Management. Number 36, a resolution accepting the bid of Vogelpole Fire Equipment, establishing a price contract for heavy-duty power rescue tools for the Division of Fire and Emergency Services. Number 37, a resolution accepting the bid of Bluegrass Mailing Services, establishing a price contract for mailing services for the Division of Revenue. Number 38, a resolution accepting the bid of OVIVO USA LLC, establishing a price contract for hydraulic differential clarifier and authorizing the mayor to execute any related agreement. Number 39, a resolution accepting the bid of Industrial Products Corporation establishing a price contract for hazardous gas detection system and authorizing the mayor to execute any related agreement. Number 40, a resolution accepting the bid of NEFCO, Incorporated establishing a price contract for RFP wires and scum baffles and authorizing the mayor to execute any related agreement. Number 41, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute supplemental agreement. Number three, with the Kentucky Transportation Cabinet for the acceptance of additional federal funds for the Todd's Liberty Road Improvement Project in the amount of $400,000, the acceptance of which does not obligate the Irvin County Government for the expenditure of funds in making the Transportation Cabinet responsible for bidding and administration of the construction project. Number 42, a resolution authorizing and directing the Mayor on behalf of the Irvin County Government to accept a grant from the Lexington Fayette County Health Department, in which grant funds are in the amount of $460,560 federal funds, are for the Home Network Project at the Family Care Center, the acceptance of which does not obligate the Urban County Government for the expenditure of funds and authorizing the Mayor to transfer unencumbered funds within the grant budget. Number 43, a resolution authorizing the Mayor on behalf of the Urban County Government to execute and submit a grant application to the Kentucky Department of Juvenile Justice 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 on the amount of $241,845 Commonwealth of Kentucky funds are for operation of the day treatment program for the Division of Youth Services, the acceptance of which does not obligate the Irvin County Government for the expenditure of funds and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 44, a resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute an amendment to agreement with the Kentucky Department for Local Government for extension of the Coulavan Rail Trail Project through June 30, 2013 at no cost to the Urban County Government. Number 45, a resolution authorizing the mayor on behalf of the Urban County Government to execute an agreement with Captain Reginald Underwood Young Marines, $450, for the office of the Urban County Council at a cost not to exceed the sums stated. Council Member Blues. Thank you, Mayor. Council members, number 46 is the resolution supporting the Empower Lexington Energy Plan, and we have here tonight three members of the task force who worked over some long period of time to develop that plan. Mr. Blaine Early, Mr. Tyler Campbell, and Ms. Amy Soner, representing stakeholder groups. So with permission, I would like to be able to ask them to speak to the resolution at this time. All right. That's done, Council Member Blues, and I'll invite... Please come to the podium. Thank you, Mayor. Yes, sir. Mr. Blues. Thank you for the opportunity to speak about the Empower Lexington Plan. My name is Blaine Early. I'm an attorney with Stites and Harbison here where I practice environmental law. And when this process started some years ago, I was the chair of the board of Bluegrass Tomorrow. Bluegrass Tomorrow is a central Kentucky group representing 18 counties that fosters regional collaboration. I was on the steering committee and was the facilitator for the land use, food, and agriculture subteam. And my comments tonight are going to be addressed specifically to the processes that our group followed, both the large group as well as the subteam. This plan represents literally thousands of person hours involving over 100 stakeholders involved in multiple public meetings, work sessions, brainstorming sessions, and debates. We had representatives from the utilities, from manufacturing, from retail and other commercial interests, from education, health care, agriculture, and then several non-governmental advocacy groups. We also had community-wide public meetings, and the plan was posted on the web that also solicited some comments. Our process really started back in 2005 when Lexington signed on to the U.S. Conference of Mayors Climate Protection Agreement. We had about 1,000 people representing 1,000 communities, all 50 states. We also adopted standard procedures developed by the International Council for Local Environmental Initiatives. That's called ICLE. That's an important thing. The ICLE process had a standard computer formula, a model, that let us look at energy use throughout the community and sector by sector. And this ICLE process allows Lexington, allows us to compare ourselves with a standard form to communities across the country. We looked at the plans of a variety of communities selected because they were similar to our own in size, the combination of urban, rural, as well as the location of business and education. The plan that you had before you represents really the work of all these stakeholders. We didn't sort of pick a bunch of items from menus. We didn't follow any particular community style. This is uniquely Lexington. There are five subteams. Each of those subteams developed its own primary goal, and so you'll see at the beginning of each section the goal of that subteam. And then all the different recommendations represent strategies, ways to accomplish that goal. Now, the beauty of this system is that these recommendations provide a variety of strategies that private individuals, that cooperative efforts between private and government, between commercial and nonprofit can work together to accomplish the goals. So it gives us a tremendous amount of flexibility to address the overall goal of the reduction of energy use in Fayette County. And what we're asking for, again, is this council's stamp of approval. There are several of these projects that are already underway, several that are sort of waiting in the wings, and we believe that with the council's approval, that will give some extra juice to this as we go forward. Thank you very much. Blaine, thanks a lot. Does anyone else wish to speak to the... Tyler, do you want to introduce yourself, please, sir? Thank you. Tyler Campbell with Commerce Lexington. Thank you again, Mayor and Councilman Bluies, for the opportunity to speak. I just wanted to basically get up here and echo the words of Blaine and ask for your support of the resolution. Commerce Lexington was a part of the initial process and a part of the industrial and commercial sub-team of the Empower Lexington team. And, again, this is a plan that we believe puts forth, again, it's voluntary measures. There are no mandates in the plan, but there are recommendations contained within the plan that we believe that the business community at large can take and review. And, honestly, this is not only an environmental stewardship plan, but there are things within this plan that are going to offer savings to the business community in manufacturing light industry on the commercial sector. So, again, I would just like to take the opportunity to ask for your support of the resolution going forward. I'd be happy to answer any questions if you haven't. Thanks, Tyler. And Amy Sonner. Thank you very much, Mayor and Council. My name is Amy Sonner. I'm the director of Bluegrass Pride, which is an environmental group that works in central Kentucky and does a lot of work here in Lexington. I was also the chair of the residential team of the Empower Lexington Plan. But I'm here not to talk about the Empower Lexington Plan specifically, but also what Bluegrass Pride has done as the community energy advisor for the city of Lexington, which we were awarded the contract in April of 2010. We had the goal of reducing energy use in the residential and business community throughout Fayette County. And to this state, we've reached over 5,000 people directly through outreach and education programs. We've had 53 media hits, whether it be on TV, radio, or in print. We've done three cock-the-block events at three different nonprofits where we bring volunteers to weatherize the nonprofits. We have distributed energy kits to local libraries throughout Lexington for free. They've been checked out 84 times, so citizens can check out laser thermometers and infrared cameras to assess the energy use in their own homes. We've distributed over 1,000 LED exit sign kits to nonprofits, which have a savings of over $200,000 for the nonprofits here in Lexington. And we've overseen over $200,000 in Energizing the Arts grants, all as part of the Community Energy Advisor. As we move forward, this contract lasts through September of this year. We're going to be working on two of the projects already that are recommended in the Empower Lexington Plan. One is the Live Green Lexington Games, and that will end on June 30th, and that's pitting businesses in the city against each other on wastewater and energy. And so we have businesses participating in those. That was a recommendation on the commercial industrial side of the Empower Lexington plan. We also have started a simple comfort program, which allows homeowners to get a certification if their house meets a certain criteria that can be used in real estate and that kind of thing in selling their homes. So I really encourage you to pass this plan. It's been successful in the past, and we already have started on things for the future. Thank you. Thanks so much, Amy. All right. Council Member Ruiz? Well, I just want to say thank you to Mr. Early and Mr. Campbell and Ms. Zoner for the work they have done and the effort on behalf of this community that in due course should really pay off in terms of energy saving. Thank you, Mayor. Just as a footnote to that, you know, it's so inspiring to see what our schools are doing today and the young, you know, in elementary school and the savings that are being accumulated and monitored. If anybody wants to speak to that just real quickly, is anybody aware of the? Yeah. It would be worthwhile. I know I've been to a couple of schools where the elementary schools where the energy savings, like $40,000 last year. Right. Yes. Thank you, Mayor. My name is Kelly Breeding, and I just wanted to speak just for a second. I wasn't planning on it, but I think you pushed me enough to do it. You're exactly right. We're very excited for our move towards this and the wonderful part. I'm on the team with energy and institutions and everything, and this plan that you're about to look at and approve, hopefully, fits into the whole picture and kind of marries us all together where we can do these things and approach these as a community and institutions all together. And the gains should be exponential compared to where they are now, to be honest with you. Rosa Parks saved for us $2,000 in a year, and a lot of this was done not by us standing here, myself, but it was done by the kids. This is the fun part. And the other thing is overall district-wide last year, through our energy managers, Brittany and Terceen, we saved about $790,000 just picking low fruit. So it's out there to do, and we can do it. Thank you. Thanks so much. Council Member Kaye and then Council Member Beard. Thank you, Mayor. I just want to add my thanks to staff and to all of the citizens who volunteered their time to work on this effort. I started as a citizen on this committee, So I know a lot about the actual nitty-gritty of the work and how difficult it was at times. I applaud you all for hanging in. This is a very significant plan for the community. It's a great start, and I look forward to both the work that people who've served already are committed to doing on an ongoing basis and to hearing on an annual basis how well we're doing. It has the potential to impact not only our own community but the entire country. Thank you very much. Thank you, Mayor. Council Member Beard. This must be the mood I'm in today. It's kind of hard to evaluate with four lines of text here. Are we saying that we are not going to increase our population by another 25,000 or 30,000 people each 10-year period? Or are we saying that the home runs we keep talking about as far as bringing companies, manufacturing companies, into Lexington, we're going to turn them away now? as I see it and what I've got in front of me is nothing but wind addressing. Because in 100 years, we have to close Lexington down and move somewhere else because 1% a year will be out of business probably even prior to 100 years from now. Maybe if I could get my hands on some more in-depth information about this. I think everybody needs to do their part as far as energy savings is concerned. But, again, four lines doesn't tell me much. All right. Councilman Martin. Thank you, Mayor. In the next 50 years, those countries that have become energy self-sufficient will be the winners. and those that have not, who are reliant on importing their energy from foreign soils, will be the losers. And so we as a community have time to prepare for this, but it is coming, and it hopefully will come in my lifetime. We'll see. But I will still be there at that moment. But this is a great start. I appreciate all the great energy on everybody who's committed to this. It is not the end. We have to continue to find ways to create our own energy here in Kentucky and here in the United States. And we need to continue to invest in new technologies that will help us consume our own energy that we produce here and that we can harvest here. And so I appreciate your all's efforts and look forward to the many other steps that are required. Thanks, Mayor. Thank you, Councilman Martin. And thanks, everyone, for that dynamic discussion. Thank you, Council Member Blues. And Madam Clerk, please continue. Resolution number 46, a resolution supporting the Empower Lexington Energy Plan designed to reduce Fayette County's energy use by 1% annually through voluntary measures and supporting its implementation. Number 47, a resolution authorizing the Division of Human Resources to make a conditional offer to the following probationary civil service appointment of Jennifer Bailey, HCM, Manager Enterprise Solutions, Grade 119E, 2005-50-72, biweekly in the Division of Enterprise Solutions, effective upon passage of counsel, authorizing the Division of Human Resources to make a conditional offer to the following probationary sworn appointments, Christopher Young, Police Lieutenant, Grade 317E, 3025-15, biweekly in the Division of Police, effective upon passage of counsel, and Joe Anderson, Police Sergeant, grade 315N, 28.588, hourly in the Division of Police, effective upon passage of counsel. Authorizing the Division of Human Resources to make a conditional offer to the following unclassified civil service appointments of Chance Clay Child Care Program Aid Part-Time, grade 107N, $10.690, hourly in the Division of Youth Services, effective upon passage of counsel in John Cox, Deputy Coroner, grade 112N, $16 an hour in the office of the Coroner, effective upon passage of counsel. Number 48, a resolution ratifying the probationary civil service appointments of D. Lynn S.O. Nguyen, a laboratory technician, senior, grade 112N, 19.110 hourly in the Division of Water Quality, effective May 14, 2012. Levada Green, Laboratory Technician Senior, Grade 112N, 23.262 hourly in the Division of Water Quality, effective May 14, 2012. Guy Stone, Equipment Operator Senior, Grade 109N, 18.129 hourly in the Division of Streets and Roads, effective April 23, 2012. Jeremy Asbury, Vehicle and Equipment Mechanic, Grade 110N, 13.908 hourly in the Division of Streets and Roads, effective April 23, 2012. Michael Foster, Maintenance Mechanic, Grade 113N, 19.227, hourly in the Division of Water Quality, effective May 7, 2012. And Rebecca Burke, Administrative Specialist Senior, Grade 112N, 21.333, hourly in the Division of Revenue, effective May 23, 2012. Approving Council E for Wanda Carol Seiler, Administrative Officer, part-time, Grade 118E, in the Division of Waste Management, beginning May 7, 2012 through August 7, 2012. and Nora Bryant Administrative Specialist Senior, Grade 112N, in the Division of Building Inspection beginning April 16, 2012 through June 15, 2012. Number 49, a resolution authorizing the mayor on behalf of the Urban County Government to execute a lease agreement with North Central Area Health Education Center for lease of space at the Black and Williams Neighborhood Center. Number 50, a resolution authorizing the mayor on behalf of the Urban County Government to execute a lease agreement with the Nursing Home Ombudsman Agency of the Bluegrass for lease of space at the Senior Citizen Center. Number 51, a resolution authorizing the mayor on behalf of the Urban County Government to execute a lease agreement with Faith in Action Elder Outreach for lease of space at the Senior Citizen Center. Number 52, a resolution authorizing the mayor on behalf of the Urban County Government to execute a lease agreement with Meals on Wheels of Lexington Incorporated for lease of space at the Senior Citizen Center. Number 53, a resolution authorizing the mayor on behalf of the Urban County Government to execute a lease agreement with Bluegrass Community Action Partnership for lease of space at the Senior Citizen Center. Number 54, a resolution authorizing the mayor on behalf of the Urban County Government to execute a lease agreement with Bluegrass Community Action Partnership for lease of space at the Black and Williams Neighborhood Center. Number 55, a resolution authorizing the mayor on behalf of the Irvin County Government to execute a lease agreement with the legal aid of the Bluegrass for lease of space at the Black and Williams Neighborhood Center. Number 56, a resolution authorizing the mayor on behalf of the Irvin County Government to execute a facility use agreement with various youth baseball and softball leagues for youth baseball and softball participation. 57, a resolution authorizing the mayor on behalf of the Ervin County Government to accept a donation in the amount of $250 from Sharon Donahue to purchase CERT backpacks for training. And number 58. Public hearing. Right. Yes, ma'am. All right, there's a public hearing tonight concerning substantial amendments to the 2011 Consolidated Plan. Now, as the chair, I will declare the hearing now open. Does anyone wish to address the council? I have no one signed up to address the council. So, as Chair, I will now declare that the hearing is closed and ask the Clerk to please continue the readings. Number 58 for first reading. local match, and establishing and approving a new community development block grant project, renovation of the Hope Center shelter located at 360 West Loudon Avenue, and authorizing the mayor to transfer and encumbered funds within the grant budget. Number 59, a resolution authorizing the mayor on behalf of the urban county government to execute a temporary right of entry agreement with Marathon Pipeline LLC for preparatory work for pipeline project at no cost to the urban county government. Number 60, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a memorandum of understanding with the Lexington Fayette County Health Department for fats, oil, and grease training services at a cost not to exceed $1,200. Number 61, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute and submit a grant application to the U.S. Department of Justice 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 $252,727 federal funds under the Edward Bryan Memorial Justice Assistance Grant Program are for a computer network overhaul project for the Division of Police, the acceptance of which does not obligate the Irvin County Government for the expenditure of funds and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 62, a resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute agreements with the Fayette County Commonwealth Attorney's Office, the Kenton County Commonwealth Attorney's Office, and the Commonwealth Attorney 28th Judicial Circuit for services under the 2010 Project Safe Neighborhood Program, had a cost not to exceed $10,000 for the Fayette County Commonwealth Attorney's Office, $7,500 for the Kenton County Commonwealth Attorney's Office, and $6,500 for the Commonwealth Attorney 28th Judicial Circuit. Number 63, a resolution accepting the response of Bullhorn LLC to RFP No. 46-2011 for the provision of graphic design services to various departments and divisions of the urban county government. B. and hereby is accepted and approved as to this specification and amount set forth in the terms of the response with any future work to be performed at an hourly rate ranging from $59 to $74, average rate of $65.31, dependent upon the type of work performed. 64, a resolution amending Resolution No. 164-2012 accepting the bids of multiple vendors and establishing price contracts for mowing for the Division of Parks and Recreation to include McGee Springs, Inc. as a vendor. Number 65, a resolution authorizing the mayor on behalf of the Urban County Government to execute agreements with Columbia Heights Neighborhood Association, Inc., $600. And Lafayette Wrestling Boosters Club, Inc., $500 for the office of the Urban County Council at a cost not to exceed the sums stated. and number 66, a resolution authorizing the mayor on behalf of the Irwin County Government to execute an engineering services agreement with Ken Virens, Incorporated for Consulting Services and Construction Administration and Quality Assurance for the Haley Pike Landfill Closure, Phase 4, for the Department of Environmental Quality and Public Works at a cost not to exceed $241,000. Thanks. Thank you, Madam Clerk. Are there any motions for walk-ons? Hearing none, then. Are there any motions to suspend the rules for second reads? Council Member Henson. Thank you, Mayor. I'll move to suspend the rules, give second reading to Item 47, please. Item 47, is there a second? Second. Second. Council Member, motion by Council Member Henson, second by Council Member Kay. Is there any discussion on item 47 to suspend the rules and give a second read? Hearing none, we can take a vote. All in favor, please say aye. Opposed, no. Motion carries. Council Member McCord. Thank you, Mayor. Just a motion for second reading on 65. These are just the NDF funds, just to move them along quicker. Number 65. 65. Number 65, is there a second? Second. Second by Council Member Crosby. Is there any discussion on the motion? Hearing none, we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Anybody else? Council Member Ford. Thank you, Mayor. I request that we suspend the rules and give second reading to No. 44. It's a grant agreement amendment to extend the grant deadline for a trails project. So moved. Motion by Council Member Ford, seconded by Vice Mayor Gorton, to suspend on 44. Is there any discussion? All right, hearing none. We can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. That's all I'm showing. So, Madam Clerk. Do we have any further? Nobody else, right? Nothing I'm aware of. Number 44 for second reading. A resolution authorizing and directing the mayor on behalf of the urban county government to execute an amendment to agreement with the Kentucky Department for Local Government for extension of the Colovan Rail Trail Project through June 30, 2013 at no cost to the urban county government. Number 47. A resolution authorizing the Division of Human Resources to make a conditional offer to the following probationary civil service appointment. Jennifer Bailey, HCM, Manager of Enterprise Solutions, Grade 119E, $2,550.72 biweekly in the Division of Enterprise Solutions, effective upon passage of counsel, authorizing the Division of Human Resources to make a conditional offer to the following probationary sworn appointments. Christopher Young, Police Lieutenant, Grade 317E, $3,025.15 biweekly in the Division of Police, effective upon passage of counsel. and Joe Anderson, Police Sergeant, Grade 315N, 28.588 hourly in the Division of Police, effective upon passage of counsel. And authorizing the Division of Human Resources to make a conditional offer to the following unclassified civil service appointments, Chance Clay, Child Care Program Aid Part-Time, Grade 107N, 10.690 hourly in the Division of Youth Services, effective upon passage of counsel. And John Cox, Deputy Coroner, Grade 112N, $16 hourly in the Office of the Coroner, effective upon passage of counsel. And number 65. A resolution authorizing the mayor on behalf of the urban county government to execute agreements with Columbia Heights Neighborhood Association Incorporated $600 and Lafayette Wrestling Boosters Club Incorporated $500 for the office of the urban county council at a cost not to exceed the sum stated. Thank you. Thank you, Madam Clerk. Is there a motion to approve? Move approval. Second. Motion by Vice Mayor Gordon, seconded by Councilman Ellinger. Is there any discussion on the motion? Okay. Hearing none, then we can ask the clerk to please call the roll. Mr. Blues? Yes. Ms. Crosby? Yes. Mr. Ellinger? Yes. 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. All right. The vote reflects passage of the motion. Next on our agenda are communications from the mayor. Move approval. Second. Motion by Vice Mayor Gordon. Second by Council Member Blues. Mayor. Is there any discussion, Councilmember Martin? Thank you, Mayor. I have to recuse on the appointment to the Lexington Explorium and yes on the rest. Thank you, Mayor. All right. That's noted then. Thank you, Councilmember. Is there any further discussion? All right. We can take a vote then. All in favor, please indicate by saying aye. Aye. Opposed, no. Motion carries. Next item, number nine, is for information only. And next on our agenda, announcements. And Commander Armstrong. Commander Armstrong is with us tonight for a police disciplinary action. Mayor, Vice Mayor, Council Members. Here tonight to present you with an agreement of conformity. This matter is in regarding to Officer James Della Cameron, employee number 44971. An allegation that was made on January 17, 2012, Officer Della Cameron, while in the off-duty capacity, violated General Order 73-2-H, subsections 1.02 and 1.24. Officer Della Cramoran has agreed to the punishment of six months suspension without pay, mandatory EPA fit for duty testing prior to his return to full duty, and alcohol and drug testing upon his return to full duty for a period to be determined by the Division of Human Resources. At this time, I request your acceptance of these actions and recommendations. Mayor. All right. There's a motion. We'll take a motion, and then we'll go to discussion. A motion by Council Member Crosby. Is there a second? Second. All right, second back, Council Member Lawless. And now the floor is available for discussion on the motion. Vice Mayor Gordon. Thank you. Thank you very much. Many times when these are brought forward, we're told what the charge is. Yes, ma'am. So would you mind to tell us what the charge is? Sure, it's misconduct and use of weapons, those two charges. Okay, thank you. Council Member Lawless, you have a question? I'll send that for telephones. Okay. All right. All right. Then no further discussion. We can take a vote. Please. All in favor, please indicate by saying aye. Opposed, no. Motion carries. Commander, thank you very much. Thank you. The floor is available now for Council announcements. Council Member Lawless. Yes, I wanted to remind people that there's an event on Saturday or several events on Saturday at the Arboretum celebrating Earth Day week. their Thursday night live started and the farmer's market is open at Cheapside and the Colt Trolley you can go to the Lex Tran website and see the Colt Trolley extended route for Saturday that goes through Chevy Chase there's a food truck rally on the corner of Maine and Vine on Friday and Saturday from 10 to 8 p.m. And if you want more information about that, you can go to bluegrassfoodtrucks.org and there's going to be shopping and music and face painting and I'm vetting food from the food trucks. And that's all. Thank you very much. Lots going on in downtown, so come on down. Thank you, Council Member Lawless, Council Member Martin, then Council Member Beard. Thank you, Mayor. The Pasadena Neighborhood Association is having their neighborhood-wide garage sale Friday and Saturday, April 27th and 28th. Also, next Monday, the Neighborhood Association is having their annual meeting, and that's going to be Monday on April 30th at 6 p.m. at the Broadway Baptist Church, and doors open at 6 p.m. to socialize and have a few vittles. And the program starts at 6.30, and some elected officials and candidates will be there. I know some representatives of our fire department will be there to talk about their services as well. A number of folks in the 10th District have received neighborhood and community sustainability grants from the city. The Pasadena Neighborhood Association received an award to restore trees and vegetation removed by the Double Diamond Interchange. The Southland Association received some money for tree replacements, and the Beaumont Residential Association, my own, received some money for park benches along the trails. And finally, the Rosa Parks Elementary School received a federal green ribbon designation. This is only one of three Kentucky schools to receive this for their work on sustainability issues. And so we're very proud that my daughter goes to school there, and we appreciate them. Thank you, Mayor. Thank you, Council Member. Thank you, Council Member Martin. Council Member Beard. Thank you, Mayor. Mr. Chair, Council Member Lawless has mentioned, I think now, for the third time that the farmer's market is open downtown. Well, the farmer's market is open everywhere, including Southland Drive. And so those who are constituents or close constituents of mine can go. I don't know exactly if I myself have not been there, but what they have to sell this time of year. But I'm sure there are early vegetables and things of that sort and cheeses and such. But I didn't want to leave Southland out. It's a very big, very large farmer's farm. Yes. All right, sir. Southland's included now. No other council announcements. I'll open the floor for public comments. And we had a number of people signed up, but I don't think they are here anymore. But Mr. Bernard McCarthy is here. And does anybody else wish to speak? Dick? Mr. Wickstrom? Yes. All right, sir. Your Honor and members of the Council, I would like to say, first of all, I think the scrap metal ordinance should exempt aluminum cans if it doesn't already, because even though this is inspired by all the damage done to homes and other structures by thieves stealing the wires and the pipes, I have not seen any reports in the news of people stealing canned beverages and pouring out the beverage just to get the cans. And I don't think that's likely to be a problem. Believe me, if somebody shoplifts canned beer from a store, he wants the beer more than he wants the cans, and he's probably too young or too broke to buy the beer. The other thing with your proposal for pedestrian-oriented business zones, don't expect such businesses in such a zone to be able to sell any large or heavy merchandise like televisions and microwaves because if I have to walk someplace, I'm obviously not going to purchase any object heavier than what I can carry. And that rules out a lot of the big ticket items. Thank you, Bernard, Mr. Bernard McCarthy. I mispronounced earlier. Forgive me, sir. Next, we also have David Wickstrom. David, if you'll please come up. And you probably know the drill. We've got three minutes, and it looks like you've got it all. I'm ready to go. First, I also want to thank the council for your service to our city. It's very much appreciated. I also want to thank Mr. Jay McCord for standing up for assistance of Lexington's health over golf courses at the last meeting. It's appreciated. Obviously, I'm here to talk about the brownouts. I'm a very young guy trying to become a PA in surgery, so I don't have a lot of time. But this is an issue that concerns me, police, and fire. I believe that protecting our citizens' health over keeping golf courses open is common sense. I hate to know that we spend $1.2 million, I believe, subsidizing golf courses when we could have our fire protected, our citizens protected with fire and what they do. My understanding is the city has browned out in one 24-hour period seven trucks before. And that's a great risk to the community, as you know. I realize money is an issue, but our priority should always be police and fire first. Their priority is us first, so we should make them our first priority as well. The NFPA standard is four firefighters per truck and getting 15 to 17 firefighters on scene in eight minutes. Having that standard helps not only keep the firefighters safe, but keeps us safe and keeps our property from being damaged anymore. on a good day we have three firefighters per truck which i've been having meetings with people and trying to understand more about what that what that entails and why they went for and there's a report that i've been reading it's called the gis or gi gis gi there there's a report i forget the name of it i have it sitting back there But it explains what the fire department does with two, three, four, five members. I ask you to come to a resolution on this issue very quickly. Right now our fire department is fighting the fire. And luckily there's no fire stations that were browned out. So, again, please don't let money be a factor in keeping me safe, you safe, and our firefighters safe and let them go home. Again, I ask you to make police and fire a priority as we are their first priority. Thank you. Thank you, Mr. Wooxtrom. Thanks for coming tonight, for being here. I have nothing more on the agenda. Is there a motion to adjourn? There is a motion. Vice Mayor, not a motion to adjourn. Vice Mayor Gordon. Thank you, Mayor. I move that we go into closed session pursuant to KRS 61.810.1F for a discussion that may lead to the discipline or dismissal of an employee. Second. So motion to enter closed session. Is there a second? Motion by Vice Mayor, second by Council Member Henson. Is there any discussion on the motion? Hearing none, take a vote. All in favor, please say aye. Opposed, no. The motion carries. Okay, the council will now enter closed session, and I'll ask everyone to please leave the chambers. Thank you. Second, aye. There are several. All those in favor, say aye. Aye. Anybody opposed? We are adjourned. Thank you very much.