Hello, greetings everyone. I'll call the meeting to order at 6 o'clock. This is a meeting of the the urban county council and I'll begin by asking our clerk to please call the roll. Ms. Cosby? Mr. Ellinger? Here. Mr. Farmer? Over here. Mr. Ford? Here. Ms. Gorton? Here. Ms. Henson? Mr. Kay? Here. Mr. Lane? Here. Ms. Lawless? Mr. Martin? Here. Mr. McCord? Here. Mr. Myers? Here. Mr. Stennett? Here. Mr. Beard? Present. And Mr. Blues? Here. Thank you. Thank you, Madam Clerk. All right, next on our agenda is the invocation. We will hear tonight from the Reverend Nancy Jo Kemper, but first I'd like to take a moment of silence in honor of the fallen police officers. As many of you know, the FOP Lodge No. 4 is currently having their annual police memorial downtown in Phoenix Park. It started at 6 o'clock. We're sorry we can't be there tonight. Last year, 166 officers gave their lives to their profession across our country, including one officer in Kentucky. So at this time, I'll ask everyone to stand and pay tribute to these fallen officers with a moment of silence. All right. Thank you. And now I will ask Reverend Nancy Jo Kemper, who is Minister at New Union Christian Church in Woodford County and Interim Associate Dean for Religious Life at Transylvania University, to offer our invocation. Thank you, Nancy Jo. Thank you, Mr. Mayor, Vice Mayor, Council Members. It's good to be with you. Will you join me for just a few moments of reflection, thinking of things we're grateful for, and trying to sort of clear your mind of any unfinished business you've got hanging around. Perhaps that moment of silence did that as you reflected about the police officers, and we can think together about your tasks tonight. For all goodness and all joys and blessings and for this unfinished world that calls us to participate in bringing about the fullness of creation. We give our thanks and praise tonight. We are glad for good work that challenges mind and body and heart, and we offer thanks for those who are willing to serve the common good. May each person here tonight be filled with expectancy that wisdom may arise and insights blossom and compassion and sympathy dominate decision-making. May that wisdom and those insights reflect moral truth and acknowledge that the measure of any community is always its compassion. We give voice to our hope that all those who serve will act with integrity and concern for neighbors and look beyond short-term expediencies to the long-term welfare of all. As the work begins this evening, we offer these thoughts and others from the silence of our hearts. Amen. Thank you, Reverend Kemper. And Nancy Jo, thank you for sharing your inspiration with us routinely. Thank you, ma'am. We can actually begin the business portion of our meeting with a second reading of ordinances, and I'll ask the clerk if she'll please read the ordinances for second reading. And let me say, before you start, Meredith, I believe it's my understanding that Councilmember Stennett has a motion on number five. So we'll stop there and get that motion. Ordinance number one, 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, Great Goose, LLC. Number two, an ordinance changing the zone from a heavy industrial I2 zone to a high-density apartment R4 zone for 0.23 net and gross acre, for property located at 527 Angliana Avenue, a portion of Angliana P2 Development, LLC. Number 3, an ordinance amending certain of the budgets of the Lexington-Fayette Urban County Government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds. Schedule number 66. Ordinance No. 4, an ordinance creating Section 1840 of the Code of Ordinances of the Lexington-Fayette Urban 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. Councilmember Stennett. Thank you, Mayor. Colleagues, as I mentioned on Tuesday, we have some modifications to our scrap metal ordinance before we give it a second reading. I emailed those out yesterday as well as a cleaner copy today that you all should receive. If anybody needs a copy, I have some for the council members up here. Does anyone need one before I read the motion? Again, as we started this out back in February as we brought this ordinance forward, The main purpose of this scrap metal ordinance was to provide our police officers a better information and to provide a method in which to pursue the investigation of our scrap metal thefts here in our community. And in working with the scrap metal dealers, working with our Division of Police, as well as my colleagues, last Thursday we've come up with an ordinance that not only makes it a little stronger in terms of being able to investigate these crimes in a more timely method, but it gives us all an opportunity to continue to do business in our community and continue to work with those businesses in the scrap metal industry on a more favorable basis. And it gives us the opportunity within six months to a year to come back and review as a group what's going on in our community if the state law and our local law has made an impact. This ordinance does include several changes that will facilitate more communication between the scrap metal dealers in our community as well as the division of police. And I would encourage any council member as we move forward that wants to attend those meetings to do so to get regular updates on our copper theft situation. So without further ado, I move to delete. I have a motion to move to delete all reference to the seller's license, including application process requirements and exemptions to the scrap metal ordinance. I move to amend Section 4 of the scrap metal ordinance to create Section 15 to provide for a meeting not less than every quarter with a representative from each scrap metal dealer and a representative of the Division of Police. I move to amend Section 5.1 of the scrap metal ordinance to delete the retention period for non-ferrous metal and replace it with the required hold period for copper gutters and downspouts, copper roofing and flashing materials, backflow preventers, valves, cast iron sinks and bathtubs, and new or bare copper wiring or plumbing materials that weigh 10 pounds or more. I move to amend Section 5.1 of the scrap metal ordinance to add exemptions to the retention requirement to exempt materials purchased from another scrap metal dealer, materials purchased from an industrial, commercial, non-profit, or municipal waste department or licensed waste hauler. I move to amend Section 6.1.D of the scrap metal ordinance to delete a prohibited purchase regarding the scrap metal seller's license and to replace it with prohibited purchases based on a restricted seller's list as provided by the Division of Police. I move to amend Section 6-2 of the scrap metal ordinance to reduce the required vehicle age for scrapping of a vehicle title from 15 to 10 years. I move to amend Section 6-6 of the scrap metal ordinance to exclude manufacturing labeling from prohibited purchases. A new first reading is required tonight because these are material changes. Second. Second. Motion by Council Member Stennett. Second by Council Member McCord. Is there any discussion on the motion? All right. Hearing none, we can take a voice vote. All in favor of the motion, please indicate by saying aye. Aye. Opposed, no. Motion carries. Thank you, Mayor. Thank you, Council Member Stennett. All right. Madam Clerk, you may give a first reading. Ordinance No. 5 for first reading, and ordinance creating Section 1354.1 of the Code of Ordinances related to regulated scrap material to define ferrous metal, HVAC, non-ferrous metal, plastics, regulated scrap material, restricted metals, scrap metal dealer, scrap metal dealer's license, transport vehicle and vehicle, creating Section 1354.2 of the Code of Ordinances related to regulated scrap material to create the application and review process for a scrap metal dealer's license, creating 1354.3 of the Code of Ordinances related to regulated scrap material to define the administrative requirements of a scrap metal dealer, creating Section 1354.4 of the Code of Ordinances related to regulated scrap material to create the retention requirements for certain purchased regulated scrap materials, creating Section 1354.5 of the Code of Ordinances related to regulated scrap material to define prohibited purchases by a scrap metal dealer, creating Section 1354.6 of the Code of Ordinances related to regulated scrap material to provide for penalties for violations of this section and to provide for an appeals process for anyone affected by this section. Thank you, Madam Clerk. So you may continue with the second reads. That was the conclusion of the second readings. Oh, yes it is. That was the first reading on number five, right. All right. Okay. So accept a motion. I'll move to accept one through four. Second. Motion by Vice Mayor. Second by Council Member Ellinger. Is there any discussion on the motion? Hearing none, we can take a roll call. Madam Clerk, please call the roll. Mr. Ellinger? Yes. Mr. Farmer? Yes, ma'am. Mr. Ford? Yes. Ms. Gordon? Aye. Mr. Kay? Yes. Mr. Lane? Yes. Ms. Lawless? Yes. Mr. Martin? Yes. Mr. McCord? Yes. Mr. Myers? Yes. Mr. Stennett? Yes, ma'am. Mr. Beard? Aye. Mr. Blues? Yes. Thank you. All right. Thank you, Madam Clerk. The vote reflects the passage of the motion. We can move on to ordinances for a first read. Ordinance No. 6 and Ordinance Amending Section 2152 of the Code of Ordinances, abolishing one position of microcomputer support specialist, Grade 113N, in the Division of Waste Management and creating one position of microcomputer support specialist, Grade 113N, in the Division of Computer Services, appropriating funds pursuant to Schedule No. 68 and transferring the incumbent effective upon passage of counsel. Ordinance No. 7, an ordinance amending 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. 70, effective upon passage of counsel. No. 8, an ordinance amending Section 2152 of the Code of Ordinances, abolishing one position of computer operator and creating one position of microcomputer support specialist in the Division of Computer Services, appropriating funds pursuant to Schedule No. 69, effective upon passage of council. Number 9, an ordinance amending Article 15.4b and creating Article 15.4c of the zoning ordinance relating to fences to limit the allowable height of fencing abutting public or private streets and public property. Number 10, an ordinance amending Section 17.2.1a of the Code of Ordinances of the Lexington-Fayette Urban County Government to provide for the use of non-whole numbers and the non-sequencing of street numbers in limited instances. Ordinance No. 11. and directing the filing of notice with the state local debt officer, providing for the payment and security of the Series 2012A bonds, creating bond payment funds, maintaining the heretofore established sinking fund, authorizing a certificate of reward for the acceptance of the bid of the bond purchaser for the purchase of the Series 2012A bonds, and repealing inconsistent ordinances. Number 12, an ordinance of the Lexington Fayette Urban County Government authorizing the issuance of Lexington Fayette Urban County Government Various Purpose General Obligation Refunding Bonds Series 2012-B in one or more sub-series in an aggregate principal amount not to exceed $10 million for the purpose of advance refunding one, all or a portion of the outstanding principal amount of the Lexington Fayette Urban County Government General Obligation Bonds Series 2002-C, the proceeds of which were used to finance A, road improvements, and B, improvements to storm and surface water collection, drainage, and control facilities, and two, all or a portion of the outstanding principal amount of the Lexington Fayette Urban County Government General Obligation Bonds, Day Treatment Center, Multi-Use Facility, and Expansion Area Boulevard Projects, Series 2004C, the proceeds of which were used to finance the A, acquisition, construction, and equipping of a day treatment facility, B, acquisition, renovation, and equipping of a multi-use facility, and C, acquisition of rights of way and construction of road improvements, approving a form of bond, authorizing designated officers to execute and deliver the bonds, providing for the payment and security of the bonds, creating a bond payment fund and escrow funds, maintaining the heretofore established sinking fund, authorizing a certificate of award for the acceptance of the bid of the bond purchaser for the purchase of the Series 2012B refunding bonds, authorizing an escrow trust agreement, and repealing inconsistent ordinances. Number 13, an ordinance amending Section 287A of the Code of Ordinances related to the Masterson Station Park Advisory Board to include a member from the Masterson Station Neighborhood Association. Number 14, an ordinance amending certain of the budgets of the Lexington-Fayette-Urban County Government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds, Schedule Number 67. And Ordinance Number 15, an ordinance creating Section 4, 10.1 of the Code of Ordinances prohibiting the running at large of horses or other members of the equine family and establishing a penalty for violation of SANE. Thank you, Madam Clerk. Are there any motions for walk-ons or suspensions of the rules for second reading? All right. Then, hearing none, Madam Clerk. Thank you. Number four. establishing a price contract for FRP weirs and scum baffles and authorizing the mayor to execute any related agreement. Number seven, 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 urban county government for the expenditure of funds and making the Transportation Cabinet responsible for bidding and administration of the construction project. Number eight, a resolution authorizing and directing the mayor on behalf of the urban county government to accept a grant from the Lexington Fayette County Health Department, 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 nine, 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 in 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 Urban County Government for the expenditure of funds and authorizing the Mayor to transfer unencumbered funds within the grant budget. Number 10, 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 sum stated. Number 11, 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 12, a resolution ratifying the probationary civil service appointments of D. Lin Kaoguin, 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 Leave for Wanda Carroll Seiler, Administrative Officer, part-time, Grade 118E in the Division of Waste Management, beginning May 7, 2012 through August 7, 2012, and Dora Bryant, Administrative Specialist Senior, Grade 112N, in the Division of Building Inspection beginning April 16, 2012 through June 15, 2012. Number 13, 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 14, a resolution authorizing the Mayor on behalf of the Urban County Government to execute a lease agreement with Nursing Home Ombudsman Agency of the Bluegrass for lease of space at the Senior Citizen Center. Number 15, 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 16, 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 17, 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 18, 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 19, a resolution authorizing the mayor on behalf of the Urban County Government to execute a lease agreement with legal aid of the Bluegrass for lease of space at the Black and Williams Neighborhood Center. Number 20, a resolution authorizing the mayor on behalf of the Urban County Government to execute a facility use agreement with various youth baseball and softball leagues for youth baseball and softball participation. Number 21, a resolution authorizing the mayor on behalf of the urban county government to accept a donation in the amount of $250 from Sharon Donahue to purchase CERT backpacks for training. Number 22, a resolution approving and adopting a substantial amendment to the 2011 Consolidated Plan authorizing and directing the mayor on behalf of the urban county government to accept additional funding from the U.S. Department of Housing and Urban Development which grant funds are in the amount of $51,927 federal funds are for the 2011 Emergency Shelter Emergency Solutions Grant Program, the acceptance of which obligates the urban county government for the expenditure of $51,927 as a local match and establishing and approving a new community development block grant project, renovation of the Hope Center Shelter located at 360 West Loudoun Avenue and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 23, a resolution authorizing the mayor on behalf of the Irving County Government to execute a temporary right of entry agreement with Marathon Pipeline LLC for preparatory work for a pipeline project at no cost to the Irving County Government. Number 24, a resolution authorizing and directing the mayor on behalf of the Irving County Government to execute a memorandum of understanding with the Lexington Fayette County Health Department for fats, oil, and grease, fog training services at a cost not to exceed $1,200. Number 25, 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 Byrne 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 Irving County Government for the expenditure of funds and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 26, a resolution authorizing and directing the mayor on behalf of the Irving 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 at 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 27, 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 the specifications and amounts 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. Number 28, 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, Incorporated, as a vendor. And number 29, a resolution authorizing the mayor on behalf of the Irby 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. Thank you, Madam Clerk. Is there a motion to approve the second reading of resolutions? So moved. Second. Motion by Council Member Ellinger, second by Council Member Stennett. Is there any discussion on the motion? Okay. Hearing none, then I'll ask the clerk if she will please call the roll. Mr. Ellinger? Yes. Mr. Farmer? Yes on all. No on number 11. Thank you. Mr. Ford? Yes. Ms. Gordon? Aye. Mr. Kay? Yes. Mr. Lane? Yes. Ms. Lawless? Yes. Mr. Martin? Yes. Mr. McCord? Yes, on all no on number 11. Thank you. Mr. Myers? Yes, on all no on number 11. Mr. Stenet? Yes, ma'am. Mr. Beard? Yes, on all no on number 11. Mr. Blues Thank you Mayor I'd like to vote no on 11 please Thank you Is that all the votes? I got you Can I vote twice on 11? The vote reflects passage of the motion even on number 11. Right? Okay. No, you don't want to change. All right. Madam Clerk, when you're ready, just please give us a first reading on resolutions. And, yeah. Resolution number 30, a resolution accepting the bid of Churchill McGee, LLC, in the amount of $61,850 for the renovation and addition of a stock room for the Division of Waste Management and authorizing the mayor on behalf of the Urban County Government to execute any necessary agreement with Churchill McGee, LLC, related to the bid. Number 31, a resolution accepting the bid of the Wagner Company in the amount of $111,762 for the renovation of restrooms for the Division of Police Headquarters and authorizing the mayor on behalf of the urban county government to execute any necessary agreement with the Wagner Company related to the bid. Number 32, a resolution accepting the bid of ET landscape, establishing a price contract for planters, plant materials, installation, and maintenance for the Department of Environmental Quality and Public Works. Number 33, a resolution accepting the bid of leak eliminators, LLC, in the amount of $908,781.65 for the 2012 sanitary sewer cleaning program for the Division of Water Quality and authorizing the mayor on behalf of the urban county government to execute an agreement with Leak Eliminators, LLC, related to the bid. Number 34, a resolution accepting the bid of A&A Safety Incorporated, establishing a price contract for hydraulic USAR rescue tools for the Division of Fire and Emergency Services. Number 35, a resolution accepting the bid of countryside place structures, establishing a price contract for wood chips safety surface for the Division of Parks and Recreation. Number 36, a resolution accepting the bid of Superior Demolition Incorporated in the amount of $61,277, $11,977 of fiscal year 2013 funding for the demolition of Constitution Pool for the Division of Parks and Recreation and authorizing the Mayor on behalf of the Urban County Government to execute any necessary agreement with Superior Demolition Incorporated related to the bid. Number 37. A resolution accepting the bid of Wild Telecommunications, Inc., in accordance with the provisions of Ordinance No. 143-2011, creating and offering for sale a short-term franchise for the operation of a non-exclusive telecommunications system in Fayette County, and authorizing the Mayor on behalf of the Irving County Government to execute a franchise agreement with Wild Telecommunications, Inc., incorporating the terms and conditions of Ordinance No. 143-2011. Number 38, a resolution authorizing the mayor on behalf of the Urban County Government to execute an agreement with J.R. Miller & Associates for design services for a household hazardous waste facility at a cost not to exceed $57,965. Number 39, a resolution accepting the response of Stantec Engineering Services Incorporated to request for proposal number 37, 2011, Downtown Traffic Movement and Revitalization Study, the RFP, in an amount not to exceed $465,000, and authorizing the Mayor on behalf of the Lexington Fayette Irman County Government to execute an Engineering Services Agreement and any other necessary documents with Stantec Engineering Services Incorporated related to the RFP. Number 40, a resolution authorizing the Mayor on behalf of the Irving County Government to execute an agreement with the Lexington Ice Center for rental of the LIC gymnasium at a cost not to exceed $2,520. Number 41, a resolution authorizing the mayor on behalf of the Irving County Government to execute change order number two to the contract with Advanced Mulching Doing Businesses Eco-Grow for the McConnell's Trace Greenway Restoration Project, increasing the contract price by the sum of $4,511.05 from $128,255 to $132,766.05. Number 42, a resolution authorizing and directing the mayor on behalf of the Irving County Government to execute an accreditation agreement with the Council on Accreditation for reaccreditation of the Department of Social Services at a cost not to exceed $16,245. Number 43, a resolution authorizing the Mayor on behalf of the Urban County Government to execute a release of easement releasing a sanitary sewer easement on property located at 231 Fountain Court and a release of easement releasing a utility easement on property located at 245 Fountain Court. Number 44, a resolution authorizing the Mayor on behalf of the Urban County Government to execute a professional services agreement with Bell Engineering for sanitary sewer detail design services related to Blue Sky Wastewater Treatment Plant required by the consent decree at a cost not to exceed $157,495. Number 45, a resolution authorizing the mayor on behalf of the Urban County Government to execute agreements with One World Films Incorporated, $250, Walnut Creek Homeowners Association, $1,000, and Stewart Hall Homeowners Association, $1,000, for the Office of the Urban County Council at a cost not to exceed the sum stated. Number 46, a resolution approving the fiscal year 2013 budget of the Transit Authority of the Lexington-Fayette Urban County Government, LexTran, pursuant to KRS 96A.360 and requesting that the Commissioner of Finance authorize the Fayette County Sheriff's Office to disperse the funds to LexTran collected from the ad valorem tax approved by voters on November 9, 2004. Number 47, a resolution adopting the goals and objectives for the 2012 comprehensive plan, including a mission statement, goals to expand housing choices, to support infill and redevelopment throughout the urban service area as a strategic component of growth, to provide well-designed neighborhoods and communities, to continue to implement the consent decree, including the capacity assurance program as directed by the Environmental Protection Agency, to reduce Lexington-Fayette County's carbon footprint, to support the funding, planning, and management of a green infrastructure program, to support and showcase local assets to further the creation of a variety of jobs, to attract the world's finest jobs, encourage an entrepreneurial spirit, and enhance our ability to recruit and retain a talented creative workforce by establishing opportunities that embrace diversity and inclusion in our community, to work to achieve an effective and comprehensive transportation system, to provide for accessible community facilities and services to meet the health, safety, and quality of life needs of Lexington Fayette County's residents and visitors. to protect and enhance the natural and cultural landscape that gives Lexington-Fayette County its unique identity and image, to promote, support, encourage, and provide incentives for public art, to uphold the urban service area concept, to support the agricultural economy, horse farms, general agricultural farms, and the rural character of the rural service area, to maintain the current boundaries of the urban service area and rural activity centers, and create no new rural activity centers, to engage the residents of Lexington-Fayette County in the planning process, to implement the 2012 Comprehensive Plan to increase regional planning and ancillary objectives to achieve each goal. Number 48, a resolution initiating zoning ordinance text amendments to define adult daycare centers and to require conditional use approval of such facilities in certain zones. Number 49, a resolution authorizing the Division of Human Resources to make a conditional offer to the following probationary civil service appointment. Michael Robinson, Radio Electronic Specialist, Grade 117E, 200480.56 biweekly in the Division of Fire and Emergency Services, effective upon passage of counsel. Authorizing the Division of Human Resources to make a conditional offer to the following probationary sworn appointments. Jeremy Brislin, Police Sergeant, Grade 315N, 28.588 hourly in the Division of Police, effective upon passage of counsel. And Dean Markham, Police Lieutenant, Grade 317E, 3025.15 biweekly 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 appointment. Penny McFadden, Citizens Advocate Part-Time, Grade 115E, 1068.16 biweekly in the Citizens Advocate Office, effective upon passage of counsel. Number 50, a resolution ratifying the approved counsel leave for Kim Osborne, Equipment Operator Senior, Grade 109N, in the Division of Waste Management, effective through May 20, 2012. Cindy Bartholomew, Equipment Operator Senior, Grade 109N, in the Division of Waste Management, effective through July 12, 2012. And Daryl Stevens, Equipment Operator Senior, Grade 109N, in the Division of Waste Management, effective through August 1, 2012. An unclassified civil service pay increase in the Office of the Urban County Council, Melinda Milburn-Jameson, Aid to Council, Grade 000E, increased from 2057.69 to 2089.60, effective April 23, 2012. Number 51, a resolution authorizing the mayor on behalf of the urban county government to execute an amended facilities maintenance agreement with Meridian Management Corporation for facility management services at the Fayette County Courthouses at a cost not to exceed $21,000. Madam Clerk, Council Member Lane has a comment on item number 52 or a question. Thank you, Mayor. I did have a question about this, and I discussed it with Commissioner of Law Graham, and she's agreed to come up and give some information to the council. Thank you. This is the Prudential Life Insurance Contract. And the reason this is on the docket is we've been operating for years without memorializing the agreement. And the reason it's got $770,000 in there is that's the total amount that we pay before reimbursement. But actually, the only thing the LFUCG is paying out of pocket that's not being reimbursed by employees and their paycheck are the new collective bargaining increases in amounts, which is really someplace in the neighborhood of $5,500 a month from the LFUCG budget. So if you all would like a further breakdown of that, we'll be glad to provide it to you. Council Member Lane? That answers my questions. The other Council Member may have a question to follow up. Council Member Martin? Thank you, Mayor. Do the funds come back to the same account that they're paid out of? I believe it comes from the health insurance pool, I believe. I think that's correct. Is that what my question? Yes, I believe they do. So it gets paid out of there, and then when we're reimbursed, it comes back to the same account. Thank you, Mayor. Thank you. Councilman Beard on this issue. Councilman Beard. Commissioner, is there a retrospective credit facility in this with Prudential where, in fact, if there are no claims or fewer claims and anticipated that we get a rebate back? I'd have to go back and review the contract on that. But it's a pretty significantly large document because we had to go through everything. So I'll be glad to look at that and let you know. Okay. It's typical, or at least it used to be typical. If we could either lower the cost to the employees or adjust as we go along, but it might be something to look at anyway. Okay. I'll be glad to look at that. Mayor. Just a quick follow-up question. Do we occasionally bid the price on this, or how does that work? Well, what we have talked about doing, which I think was one of the transition team recommendations, is to do an RFP on all the voluntary benefits we have, which we're prepping for that. But in the meantime, I wanted to have something in writing to show what we're doing right now. Okay. That makes sense. Thank you, ma'am. Thank you. Thank you, Commissioner. All right. We can proceed. Madam Clerk. Resolution number 52, a resolution authorizing and directing the mayor on behalf of the Irving County Government to execute a contract with the Prudential Insurance Company of America for group life insurance for all LFUCG employees, effective January 1, 2012, at a cost not to exceed $747,000. Number 53, a resolution accepting the bid of Cassidian Communications, Inc. for a radio system, RFB, number 13-2012 for the Division of Police and authorizing the Mayor on behalf of the Urban County Government to execute a purchase agreement with Cassidian Communications, Inc. related to the bid with payment in an amount not to exceed $4,584,290 for the radio system and additional future payments for maintenance and warranty services. Number 54, a resolution authorizing and directing the mayor on behalf of the Army County Government to execute a contract addendum with the Lexington-Fayette County Health Department for additional funds in the amount of $41,208 for the Home Network Project at the Family Care Center. Number 55, a resolution authorizing and directing the mayor on behalf of the Army County Government to accept a grant from the Kentucky Justice and Public Safety Cabinet, which grant funds are in the amount of $2,120,336 Commonwealth of Kentucky funds are for police training incentive funds, 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 56, a resolution authorizing and directing the mayor on behalf of the urban county government to accept a grant from the Commission on Fire Protection, Personnel, Standards, and Education, which grant funds are in the amount of $2,6,685 Commonwealth of Kentucky funds, are for training incentive funds for firefighters, 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 57, a resolution authorizing the mayor on behalf of the Irving County Government to execute an engineering services agreement with Stantec Consulting Services, Inc. for the Sanitary Sewer Capacity Assurance Plan, CAP, required by the consent decree at a cost not to exceed $1,012,500. Number 58, a resolution authorizing the mayor on behalf of the Irving County Government to execute a lease agreement with NAMI Lexington, Kentucky, Inc. for rental space at 498 Georgetown Street within the Black and Williams Neighborhood Center. Number 59, a resolution authorizing the Division of Human Resources to internally advertise for vacant positions if requested by the Division Director from the date of passage of this resolution through December 31, 2012 and authorizing the Division of Human Resources to advertise externally if a qualified internal applicant pool does not exist within the first week of any internal advertisement. Number 60. Resolution 90-2012, increasing the maximum amount to be paid to Tactical Energetic Entry Systems, LLC, for dynamic entry training for the Division of Police from $35,000 to $39,500. Number 62, 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 Homeland Security and to provide any additional information requested in connection with this grant application, which grant funds are in the amount of $629,600 federal funds under the 2012 Assistance to Firefighters Grant Program and are for purchase of a ladder truck. Number 63, a resolution authorizing and directing the mayor on behalf of the urban county government to accept a grant from the U.S. Department of Justice, which grant funds are in the amount of $294.79 federal funds, are for the purchase of bulletproof vests for the Fayette County Sheriff's Office, 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 64, a resolution changing the street names and property address numbers of 3591 Leestown Road to 238 Locust Farm Road and 627 West 4th Street to 500 Newtown Pike, changing the property address number of 425 East 6th Street to 427 East 6th Street and changing the street name of 3700 Tates Creek Road to 3700 Old Tates Creek Pike, all effective 30 days from passage. Number 65. $9,957. Glendover Neighborhood Association, $2,497. Golf Town Homes at Andover HOA, $2,400. Gratz Park Neighborhood Association, $2,500. Meadowthorpe Neighborhood, $2,000. New Beginnings Church of God in Christ, $2,452. Pasadena Neighborhood Association, $920. Pathway Church, $2,500. Southland Association, $2,297. South Point Resident Association, $1,285. St. Elizabeth Ann Seton Catholic Church, $2,500. Tanbark Association of Neighbors, $2,500. Tits Creek Christian Church, $1,735. Twin Pines Christian Church, $688. Vineyard Neighborhood Association, $669. Walnut Creek Homeowners Association, $2,500. And Wellington Elementary School, $2,500 at a cost not to exceed the sum stated. Number 66. A resolution authorizing the mayor on behalf of the urban county government to execute change order number one to the contract with Clunch Construction, LLC from Meadows, Northland, Arlington Public Improvements Design Phase 3D, increasing the contract price by the sum of $21,239.80 from $787,999.10 to $809,238.90. Number 67. A resolution authorizing the mayor on behalf of the urban county government to execute agreements with Pasadena Neighborhood Association, $1,000, Fayette County Fatherhood Initiative, $1,500 South Lexington Youth Baseball Incorporated, $600 and Southeastern Babe Ruth League Incorporated, $600 for the office of the Urban County Council at a cost not to exceed the sum stated. Number 68, a resolution of the Lexington Fayette Urban County Government authorizing the advertisement for bids and the distribution of a preliminary official statement for the purchase of the principal amount of its $131 million taxable general obligation pension funding bond series 2012a, which amount may be increased or decreased by an amount of up to 10%, and two various purpose general obligation refunding bonds series 2012b in a principal amount not to exceed $10 million. And number 69, a resolution amending the residential parking permit program for the 400 block of South Upper Street from 7 a.m. to 5 p.m. Monday through Friday to 24 hours per day restriction seven days per week, and waiving the provisions relating to the mechanics of designating residential parking permit areas adopted by Resolution No. 16890 and amended by Resolution No. 450, 91, and 433, 2006. Thank you, Madam Clerk. Council Member Farmer, do you have a motion for a walk-on? I do. Thank you, Mayor. I move to place on the docket a resolution authorizing and directing the Division of Traffic Engineering, pursuant to Code of Ordinances Section 18-86, to install multi-way stop controls at the intersection of Preston Avenue and Minifee Avenue, and the intersection of Bassett Avenue and Minifee Avenue. So moved. Motion by Council Member Farmer, seconded by Council Member Blues. Is there any discussion on the motion? I would just say both of these were studied by Traffic Engineering and was their recommendation I'm bringing forward. Thank you for the context. Thank you, sir. Hearing no discussion, then we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Are there any motions for suspension of the rules? Go ahead and give first reading. We need to give first reading. Sorry about that. Yep. Resolution number 70 for first reading, a resolution authorizing and directing the Division of Traffic Engineering pursuant to Code of Ordinances Section 1886 to install multi-way stop controls at the intersection of Preston Avenue and Menifee Avenue and the intersection of Bassett Avenue and Menifee Avenue. Thank you, Madam Clerk. Now, are there any motions for suspension of the rules? Council Member McCord. Thank you, Mayor. Motion to suspend the rules on number 65 and 67. These are the NDFs, just to move those along quicker. Thank you. Number 65 and 67. All right. Motion, is there a second? Second by Vice Mayor Gordon. Is there any discussion on the motion? Hearing none, we can take a vote. All in favor, please say aye. Aye. Opposed, no. The motion carries. Council Member Kaye. Thank you, Mayor. I move to suspend the rules and allow a second reading on number 39 so that the proposed work can begin. So move. Motion by Council Member Kaye. Second by Council Member Lawless. Is there any discussion on the motion? Okay. Hearing none, we can take a vote. All in favor, please say aye. Opposed, no. No. All right. Let's take a – did I just hear one? No. How many no's? All right. The screens are activated if you want to use those. There were no's over there. All right. Motion carries. Carries. Nevertheless. Thank you, Mayor. All right. Hearing none, we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Vice President. All right. I believe there are some administration requests. Mr. Maloney. I have three, Mayor. First one's number 32. We want to go ahead and start planting the plants and the planters on Main Street. It's in season. That's why we want to get that on board. Number 32. All right. That's for number 32 or just 32? No, I've got a couple more. All right. The motion is just for 32 then, right? Yes. All right. Motion back. Who is it? Vice Mayor Gordon. Second by Council Member Farmer. Is there any discussion on the motion on 32? All right. Hearing none, we can take a vote. All in favor, please say aye. Aye. Opposed, no. The motion carries. And on number 36, we'd like to go ahead and get the demolition on the Constitution pool, so we go ahead and start on that project. Is there a motion on 36? Motion approved. Motion by Council Member Ellinger, seconded by Council Member Farmer. Is there any discussion? Hearing none, we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. And the last one, we need one on 44. That's the blue sky. That has an impact on our comprehensive plan. We'd like to get both of those going at the same time, so we'd like to have that study going on, too. Motion by Council Member McCord, seconded by Council Member Beard. On number 44, is there any discussion on the motion? Hearing none, we can take a vote. All in favor, please say aye. Opposed, no. Motion carries. Mayor, the Division of Human Resources has the standard request for the suspension of rules on number 49 because they make conditional offers. Motion to approve by Council Member Martin, second by Council Member Farmer. Is there any discussion on the motion? All right. Hearing none, then we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Madam Clerk, when you're ready. Resolution number 32 for second reading. A resolution accepting the bid of ET Landscape establishing a price contract for planters, plant materials, installation, and maintenance for the Department of Environmental Quality and Public Works. Number 36. A resolution accepting the bid of Superior Demolition Incorporated in the amount of $61,277, $11,977 of fiscal year 2013 funding for the demolition of Constitution Pool for the Division of Parks and Recreation and authorizing the mayor on behalf of the urban county government to execute any necessary agreement with Superior Demolition Incorporated related to the bid. Number 39. A resolution accepting the response of Stantec Engineering Services Incorporated to request for proposal number 37, 2011, Downtown Traffic Movement and Revitalization Study, the RFP, in an amount not to exceed $465,000, and authorizing the mayor on behalf of the Lexington Fayette Urban County Government to execute an engineering services agreement and any other necessary documents with Stantec Engineering Services Incorporated related to the RFP. Number 44. A resolution authorizing the Mayor on behalf of the Urban County Government to execute a professional services agreement with Bell Engineering for sanitary sewer detail design services related to Blue Sky Wastewater Treatment Plant required by the consent decree at a cost not to exceed $157,495. Number 48. A resolution initiating zoning ordinance text amendments to define adult daycare centers and to require conditional use approval of such facilities in certain zones. Number 49. A resolution authorizing the Division of Human Resources to make a conditional offer to the following probationary civil service appointment. Michael Robinson, Radio Electronics Specialist, Grade 117E, 200480.56 biweekly in the Division of Fire and Emergency Services effective upon passage of counsel, authorizing the Division of Human Resources to make a conditional offer to the following probationary sworn appointments, Jeremy Brislin, Police Sergeant, Grade 315N, 28.588 hourly in the Division of Police, effective upon passage of counsel, and Dean Markham, Police Lieutenant, Grade 317E, 3025.15 biweekly 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 appointment, Penny McFadden, Citizens Advocate Part-Time, Grade 115E, 1068.16 biweekly in the Citizens Advocate Office, effective upon passage of council. Number 65. A resolution authorizing the Mayor on behalf of the Urban County Government to execute agreements awarding neighborhood, community, and sustainability grants to Beaumont Residential Association, $2,500. Central Christian Church, $2,500. Chevy Chase Neighborhood Association, $2,500. Columbia Heights Neighborhood Association, $2,350. Dove Creek Townhomes Owners Association, $1,655. Fairway Neighborhood Association, $2,500. Faith Lutheran Church, $1,590. First Alliance Church, $1,957. Glendover Neighborhood Association, $2,497. Golf Townhomes at Andover HOA, $2,400. Gretz Park Neighborhood Association, $2,500. Meadowthorpe Neighborhood, $2,000. New Beginnings Church of God in Christ, $2,452. Pasadena Neighborhood Association, $920. Pathway Church, $2,500. Southland Association, $2,297. South Point Resident Association, $1,285. St. Elizabeth Ann Seton Catholic Church, $2,500. Tanbark Association of Neighbors, $2,500. Tates Creek Christian Church, $1,735. Twin Pines Christian Church, $688. Then your Neighborhood Association, $669. Walnut Creek Homeowners Association, $2,500. And Wellington Elementary School, $2,500 at a cost not to exceed the sum stated. And number 67. A resolution authorizing the mayor on behalf of the Urban County Government to execute agreements with Pasadena Neighborhood Association, $1,000. Fayette County Fatherhood Initiative, $1,500. dollars, South Lexington Youth Baseball Incorporated, $600, and Southeastern Babe Ruth League Incorporated, $600 for the office of the Urban County Council at a cost not to exceed the sum as stated. Motion for a second. Thank you, Madam Clerk. Motion by Council Member Ellinger to approve, second by Council Member Myers. Is there any discussion on the motion? Yes. All right. Hearing none, then I will ask Clerk, if you will please call the roll. Thanks, Meredith. Mr. Ellinger? Yes. Mr. Farmer? Yes, on all. Mr. Ford? Yes. Ms. Gorton? Aye. Mr. Kay? Yes. Mr. Lane? Yes. Ms. Lawless? Yes. Mr. Martin? Yes. Mr. McCord? Yes. Mr. Myers? Yes. Mr. Stennett? Yes, on all. No, on 39 and 44. Thank you. Mr. Beard? Aye. And Mr. Blues? Yes. Thank you. Vote reflects passage of the motion. Was that a delay to echo, Mayor? Yeah. All right. Next is communications from the mayor. Is there a motion? Motion by Councilman Ellinger. Second by Vice Mayor Gorton. 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. Floor is open to the council for announcements. All right. Nobody signed on, so we can move on to public comments. I have Council Member Lane. I didn't see it. Thank you, Mayor. Got an announcement? All right. Yes, I wanted to thank Terry M. Johnson, who has served as the 12th District Representative on the Lexington-Fayette-Urban County Government Parks Advisory Board for a period of two years. And he has advised us that he is resigning effective June 1. I just wanted to thank him for his service on that important committee. Thank you. Thank you, Council Member Lane. All right. Public comment. I have signed up for public comment Bernard McCarthy and Charles Payne. Pardon, Charles. All right. Your Honor. Karen Woodrum. Your Honor and members of the Council, I think changing most of our one-way pairs of streets into two-ways would be a serious mistake. And I want to point out, making downtown hostile to automobiles and trucks does not make it friendlier to bicycles and pedestrians. I actually find it easier if I'm not at a traffic light. It's easier to cross one-way streets by far than it is to cross two-way streets when I'm on foot. When I'm on a bicycle, I have noticed that cars leave me and trucks and buses leave me a little more room between my left elbow and their right side mirror when I'm on a one-way than they do when I'm on a two-way. so I think those are some of the reasons why you should keep our one ways that are independent of how badly you're going to tie traffic in knots if you make it two way I also would like to point out one other aesthetic thing when you're on a one way street at least you do get those quiet moments in between pulses of traffic when traffic is shut off by a stoplight somewhere upstream If you go to two-way, well, then you won't have those quiet moments anymore. You'll have traffic, when traffic is cut off in one direction by a light, it's going to be coming at you from the other direction. And finally, to whoever it was that was quoted in the paper saying people would go some other way if it got too difficult to go through downtown, there aren't enough other ways in this city. city, and those that do exist all involve going past residential neighborhoods that are going to howl and protest if they wake up and realize what's about to be dumped on them. Now, many of these neighborhoods, they may hate me personally because I'm all for connecting up streets that they'd rather stay disconnected. but if you make downtown harder to get through, it means any street, say, outside of downtown but inside of New Circle that does go somewhere gets more dumped on it. You might find the very people that have hated my guts for the last 38 years might suddenly back me on this one. All right. Thank you, Mr. McCarthy. Mr. Payne, you said you do not need to speak tonight. And Ms. Woodrum? Excuse me, I'm getting there. It's fine. Thank you. I, too, wanted to comment on that number 39, changing the one ways into two ways. I moved up here in 1966 when I was 13 and I got my driver's license in 1969. I had the opportunity to drive this downtown area when it was two-way. Lexington was a one-horse-hick little town with no more of a population of 25,000, and now you've got over 300,000 people and you want to turn this downtown area into two-way again? You've got enough traffic problems throughout the city without causing another major tie-up within the downtown area. That 400-and-something thousand that you don't want to exceed for a consulting firm could be better put to use than repaving Vercel's Road where you let Columbia Gas Company tear it up right after you just got through construction on it. That didn't make a bit of sense. That is a main corridor into Lexington. We want the traffic flow in this city to be better. Now, get your consulting firm to go after and to look into Tampa in the way that they redid their problem intersections at $20,000 per intersection that cut commuter time from 30 to 45 minutes per day and saved the commuters 200 to 300 gallons of fuel per year. Now, I thought that that $25 to $30 million that you spent out there on Harrisburg Road for that diamond mess that you got would have been better used that way. Excuse me just a minute, Ms. Woodrum. Let me ask you to please relax and calm down. Okay? This is a deliberative body. We're willing to entertain any public comment, and we only ask that they be offered in a civil and responsible way. So I'm just going to ask, and I'm going to also ask our audience that we also expect the audience not to demonstrate in recognition of our council's rules. All right? So thank you, ma'am. You have 30 seconds remaining. I was not aware that I was being outrageous. I thought that I was only giving you the facts that you people should have looked at to begin with. Thank you very much. Have a good day. Yes, ma'am. Thank you. All right. I have no one else signed up for public comment. That would conclude, then, our meeting. There is a motion by Council Member Ellinger to adjourn. Is there a second? Second. Second by Vice Mayor Gordon. All in favor, please say aye. Aye. Opposed, no. The meeting is adjourned.