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# Urban County Council Meeting - August 16, 2012

> Auto-transcribed civic record · August 16, 2012

- **Permalink**: https://meetings.lexingtonky.news/meeting/2661
- **Source video**: https://lfucg.granicus.com/player/clip/2661?view_id=14&redirect=true
- **Date**: 2012-08-16
- **Last revised**: August 16, 2012
- **Length**: 13,225 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).

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## Meeting Overview

The Urban County Council met on August 16, 2012, at 6:00 PM in the Council Chambers in Lexington, Kentucky, with Vice-Mayor Gorton presiding. The council considered three agenda items during the session, including two informational presentations and one ordinance. The council took three votes and heard one public comment during the meeting. The session included presentations on the Lafayette Marching Band and Sally Bixby, as well as the WoodSongs Old Time Radio Hour. The council approved an ordinance changing the zone for Montessori High School of Kentucky.

## Attendance

The following individuals were present at the meeting on August 16, 2012:

* Lawless
* Martin
* McChord
* Myers
* Stinnett
* Beard
* Blues
* Crosbie
* Ellinger
* Farmer
* Ford
* Gorton
* Henson
* Kay
* Lane

No absences or late arrivals were recorded.

## Votes and Decisions

**Ordinance 0719-12** [timestamp: 0:36:07]

An Ordinance amending Section 22-5(2) of the Code of Ordinances, creating one position of Client Assessment Counselor was motioned by Blues and seconded by Myers. The ordinance passed by roll call vote with 15 ayes, 0 nays, and 0 abstentions.

Voting in favor: Lawless, Martin, McChord, Myers, Stinnett, Beard, Blues, Crosbie, Ellinger, Farmer, Ford, Gorton, Henson, Kay, and Lane.

**Resolution 0823-12** [timestamp: 1:15:01]

A Resolution accepting the bid of Smith Contractors, Inc., for the Expansion 2-A Wastewater System Improvements Contract 1 - Pump Station was motioned by Kay and seconded by Beard. The resolution passed by roll call vote with 14 ayes, 0 nays, and 0 abstentions.

Voting in favor: Lawless, Martin, McChord, Myers, Stinnett, Beard, Blues, Ellinger, Farmer, Ford, Gorton, Henson, Kay, and Lane.

**Resolution 0850-12** [timestamp: 1:17:31]

A Resolution authorizing the Division of Human Resources to make a conditional offer to various probationary civil service appointments was motioned by Kay and seconded by Beard. The resolution passed by roll call vote with 12 ayes, 2 nays, and 0 abstentions.

Voting in favor: Lawless, McChord, Myers, Stinnett, Beard, Blues, Ellinger, Farmer, Ford, Gorton, Kay, and Lane.

Voting against: Martin and Henson.

## Budget and Financial Actions

The meeting approved the following financial actions:

**Wastewater System Improvements Contract**

Resolution 0823-12 authorized a contract with Smith Contractors, Inc. for Expansion 2-A Wastewater System Improvements Contract 1, focused on pump station work. The contract amount is $4,861,000.

**Fire Station Generator**

Resolution 0828-12 authorized a contract with TEM Group, Inc. for a generator at Fire Station No. 1. The contract amount is $148,812.

## Public Comment

Lily Miller-Johnson addressed the council regarding Soil and Water Conservation District funding [timestamp: 1:32:03]. Ms. Miller-Johnson thanked the council for considering her request to increase funding for the Soil and Water Conservation District and expressed her hope for further increases in future budget cycles.

## Contested Items

**Resolution 0850-12 – Probationary Civil Service Appointments**

Resolution 0850-12, concerning probationary civil service appointments, resulted in a split vote during the meeting. Two council members voted against the resolution, while the remainder voted in favor. The resolution ultimately passed despite the opposition. The specific grounds for the dissenting votes were not detailed in the meeting record.

## Presentation: Lafayette Marching Band and Sally Bixby

Vice-Mayor Gorton presented a recognition honoring the Lafayette Marching Band and Ms. Sally Bixby, President of the Tournament of Roses Parade. The presentation recognized the band's selection to participate in the Tournament of Roses Parade. [timestamp: 0:04:50]

Key speakers included Vice-Mayor Gorton, Ms. Sally Bixby, and Smith. This was an informational presentation with no formal debate or concerns raised during the discussion.

## Presentation: WoodSongs Old Time Radio Hour

[timestamp: 0:17:38]

Mr. Johnathon presented information about the WoodSongs Old Time Radio Hour, highlighting the program's success and operational model. The presentation focused on the show's global reach and its volunteer-driven production structure.

**Key Points Presented:**

- The WoodSongs Old Time Radio Hour operates with a volunteer-based production model
- The program has achieved significant global reach
- The presentation emphasized the success of the initiative

**Speakers:**

- Lane
- Johnathon

**Outcome:**

This agenda item was informational in nature, with no formal action or decision required from the body.

## Ordinance changing zone for Montessori High School of Ky.

**Ordinance Number:** 0805-12

**Proposal:** An ordinance to change the zoning designation from Wholesale & Warehouse Business (B-4) zone to Professional Office (P-1) zone for property located at 620 South Broadway.

**Key Speakers:** Lawless and Crosbie

**Outcome:** Approved

**Discussion:** The ordinance was presented and discussed by the identified speakers at approximately 44 minutes and 32 seconds into the meeting. The proposal involved rezoning the South Broadway property to accommodate the Montessori High School of Kentucky, changing it from its current wholesale and warehouse business classification to a professional office designation.

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## Decisions

- **Ordinance 0719-12** — passed (15-0): An Ordinance amending Section 22-5(2) of the Code of Ordinances, creating one position of Client Assessment Counselor.
- **Resolution 0823-12** — passed (14-0): A Resolution accepting the bid of Smith Contractors, Inc., for the Expansion 2-A Wastewater System Improvements Contract 1 - Pump Station.
- **Resolution 0850-12** — passed (12-2): A Resolution authorizing the Division of Human Resources to make a conditional offer to various probationary civil service appointments.

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## Full transcript

. Ms. Lawless? Here. Mr. Martin? Here. Mr. McCord? Here. Mr. Myers? Here. Mr. Stinnett? Yes, ma'am. Mr. Beard? Present. Mr. Blues? Here. Ms. Cosby? Here. Mr. Ellinger? Here. Mr. Farmer? Yes, ma'am. Mr. Ford? Here. Vice Mayor Gordon? Here. Ms. Henson? Here. Mr. Kay? Here. And Mr. Lane? Here. Thank you. All right. Thank you very much. And tonight I want to welcome Wilson Dickinson, who is going to offer our invocation. Wilson is the Associate Dean for Religious Life at Transylvania University and gets to work with lots of students. So, welcome. Thank you. Good evening. I invite you to join me in prayer. God of creation, we come to you today with grateful hearts for the beauty of the earth, for the nurture of sunlight, the delight of the birds of the air, and the majesty of the lilies of the field. We also come to you mindful that we have not always been the most gracious stewards of our land, that we have sometimes willfully, sometimes selfishly, and sometimes thoughtlessly abused the gift of good earth. So as we gather today to consider the governance of this place, God, open our eyes and fill our hearts so that we may live in harmony with this place. God of love, we come to you today with hearts that are simultaneously troubled and glad, glad for the relationships that fill our lives with joy, glad for the people who embody and reflect your love. We are also troubled, God, as our flesh is frail. So many struggle and sickness, so many toil and despair. As this council assembles, God, we ask that you fill their minds with the gentle counsel of your wisdom. Remind us of what is good, and help us to see this shining beyond the facts and figures. Remind us, too, God, of what is difficult, of the struggles that others face, and help your servants here to find a way to bring wholeness where they can, healing where it is possible, and easing to suffering where little else can be done. With hearts and minds seeking wisdom, patience, humility, and compassion, we pray. Amen. Thank you so much. Council members, we have minutes from June 7th, June 19th, June 21st, July 5th, and July 10th. Do I hear a motion? Council member Ellinger moves approval. Council member Myers seconds. All those in favor? Any discussion? Please say aye. Aye. Anyone opposed? Okay, that motion passes. At this time, Councilmembers, right before we do our presentations, you'll recall that on Tuesday we approved our tax, setting our tax rates, our ad valorem tax rates, and we must have a motion to set the public hearing. And so Councilmember Steve Kaye has that motion. Thank you, Vice Mayor. I move to schedule public hearings regarding the proposed ad valorem tax rates for fiscal year 2013 for the Lexington Fayette Urban County Government, the Lexington Fayette County Health Department, the Agricultural Extension Office, and the Soil and Water Conservation District at the regularly scheduled council meeting on Thursday, August 30, 2012, at 6 p.m., so move. Councilmember Farmer seconds. Is there any discussion? All those in favor, please say aye. Aye. Anyone opposed? All right, that motion passes. Tonight is music night, and both of our presentations tonight involve music. And so I'm going to move to the podium and introduce our first presentation. Thank you. We have with us tonight members of the Lafayette Band, the Lafayette High School Band, and Ms. Sally Bixby. I think I recognize you from your picture in the Rotary publication. Sally is the president of the Tournament of Roses parade in Los Angeles. And something very exciting has happened to the Lafayette band. And so the band, which is made up of 200 members, has been selected to participate in the Tournament of Roses parade. and this is an exceptional thing to have happen to them. The band has been in existence since 1939, over 70 years, and this Lafayette band called Pride of the Bluegrass has won the Kentucky Music Educators Association State Championship in Class 4A and 5A 16 times since 1990. So the first thing I'd like to do is introduce the folks who are here to celebrate, and I might ask you all to come forward. We have the four drum majors, also known as field commanders. We have Chloe McIntosh. We might ask you all to come up front. We have Jessica Abney. We have Weitong Liu. And we have Emily Hutchinson. These are the four field commanders, the drum majors who actually direct the band when it's on the field, playing and competing and at football games and all those good things. And so I might invite you all to have a seat here. And one of them is going to be a spokeswoman. We also have Chuck Smith, who is director of the Lafayette Band, along with Dr. Terry McGee, helps you, but I don't think he's here tonight, is he? And then many parents. I think there's some parents in the audience. But I also want to bring forward Sally Dixby. Sally took the red eye, I understand, from Los Angeles. And Sally, if you'll come join me over here with Chuck Smith. And she did a great job at Rotary today, by the way. There are several. Great job at Rotary today. Yes, several of our council members are Rotarians, Sally, and they heard you speak today. And I just want to tell you a little bit about Sally. She's president of the Tournament of Roses, and she is also a registered nurse. So that's near and dear to my heart, as I'm also a registered nurse. And Sally spent over 20 years as a surgical nurse coordinating surgical nursing. 38 years. Okay, well, that is over 20 years. and so she has spent her career in nursing and has worked very hard in many associations that are having to do with nursing so in lexington we are all thrilled that lafayette band one of our very own has been selected to participate in the rose bowl parade and we will all look forward to watching them now the first thing is I want to present some proclamations and the first Chuck Smith I'll ask you to come forward and these are proclamations from the mayor and basically this is in recognition of the pride of the blue Drewgrass, Lexington's first ever participant in the Rose Parade, first ever. And so the mayor, Jim Gray, proclaims August 16, 2012 as Rose Parade Day in Lexington, Kentucky. And I congratulate you and all the members of the marching band, the Lafayette Band. Yes, you are very welcome. And then Sally, if you'll come right up here. This proclamation is for you, and it is from the mayor, Jim Gray, in recognition of the Tournament of Roses president, Sally Bixby, and the 124th Rose Parade featuring Lexington's very own Lafayette Band. And so the mayor hereby proclaims today, August 16, 2012, Rose Parade Day. Thank you so much. We're very happy to be here. Don't go away. Now, Sally, the other thing is, in this nicely wrapped box, which I can't open, is a key to the city. And council members know that this key unlocks many doors, right? So we wanted you to have this to welcome you to our community and to thank you for being here and for checking out the Lafayette Band and all the many good things that we have going on here in Lexington. Thank you very much. So this is for you. Thank you again. Thank you. Sally, would you like to say a few words, and then we'll see if Chuck Smith or if Weitong Liu, where did she go? There she is. I want to say a few words. Welcome. Thank you. Thank you very much for having me here this evening. I am very privileged to represent the Tournament of Roses. As she said, this is the 124th parade. and the 99th Rose Bowl game this year. I'm thrilled to be here to meet the band members. First time I've seen any of them so far. And welcome them to being, give them an official welcome to being in our parade. They earn it. We have about 70 applicants that apply. We pick the bands based on their musicianship, their showmanship, their appeal to the crowd marching down the parade, and also their ability to do a field show for Band Fest, which we have two days before the parade. And they have qualified to do that through hard work. And a good band director also is also essential. I'm a band parent, so you can tell visiting the bands is a highlight to my husband and I. We get to visit all the bands that are chosen for the year. We only choose about 15. And this is one of the 15 from 14 different regions throughout the United States. and internationally also. So you should be very proud of them. We're really looking forward to seeing them going down the parade on January 1st. Thank you. Thank you. I just wanted to take an opportunity and thank the council for the opportunity to share in our joy of being able to participate in the Tournament of Roses parade. We thank you for that, and we're thankful that Ms. Bixby is here. She's got a very busy schedule. over the next little while and definitely all day tomorrow from radio to TV to visiting different groups here in town to really meeting the Lafayette Band Nation at a reception for her tomorrow night and a ball game. And besides other aspects, she's going to get to visit a horse farm, get a real sense of what goes on in the county around us, and maybe even a little bit of a visit of a local adult beverage establishment. somewhere close by. So we do have that kind of plan for her before she goes back to California. But again, we thank you for that. I'd like to present one of our drum majors. All four of them are excellent, but I did ask Weitong Liu if she would maybe express a few thoughts on what it means for the Lafayette Band to be a participant in this parade event. Hello. My name is Weitong Liu. and I'm a member of the Lafayette Marching Band. It was not so long ago when I started high school as a freshman, and marching band wasn't anything but something to get through. But now as a senior, I understand the full impact the Lafayette Band has had on my fellow band members and myself. With the long and rich tradition that the Lafayette Band celebrates, it is a privilege to be a part of this legacy. Today, I would like to thank you for expanding that legacy in allowing us to take a part in the Termin of Rose experience. Last October, when the school officials announced that the Lafayette would participate in the Roses parade, emotions overwhelmed the band. Everyone was thrilled, and our band would have the opportunity to represent our school in the Commonwealth of Kentucky. More than anything, we were overwhelmed to be the first school from Lexington to be chosen. At the time, the Rose Bowl was more than a year away, but that didn't distract us. we started preparing right away. This is the first kind, I'm sorry, this is one-of-a-kind opportunity the Lafayette Band has. While we have been a part of parades before, never have we been at the Roseville Parade with its elaborate floats from around the world. The year-long effort pays off on New Year's morning when millions of viewers around the world enjoy the Roseville Parade. As a band, we are very excited about this experience and the possibilities it will bring to the Lafayette High School. We are so honored to be representing the Bluegrass region in California, and I know that our hard work, persistence, and motivation will produce an image worth of presentation. We are very excited to take part in this unique American event, the Tournament of Roses. We are looking forward to January and hope you will enjoy it with us as well. Thank you. Thank you. Now, as is our tradition, council members will all come to the center, and if I could have the drum majors and Sally and Chuck with your proclamations come forward, and we'll do an official picture. Thank you. All right. Do you want to learn from this one? Yeah. Yeah. Stupid. Okay. Hold that until you get the shot. Yeah. All right. Thank you. Now, thank you all for being here. And then our next presentation, we are very fortunate to have Michael Jonathan with us with Woodsong's Old Time Radio Hour. And I'd like to ask Councilmember Ed Lane to give a little introduction. Thank you, Vice Mayor. About two decades ago, Michael Jonathan called on me and asked me if I would be a sponsor of his Troubadour concert series. I felt really bad, but I turned Michael down because the demographics of his program didn't really match my company's customer profile. But about two months ago, I had the pleasure of interviewing Michael, and I was impressed with the success that he's had over the last couple of decades. And I think it shows that if you work hard and stick to it, you can be very, very successful. The Wood Songs Old Time Radio Hour is streamed online and is also broadcast on radio and television all around the world. And so I think that's really amazing. And it originates right here in downtown Lexington from the Kentucky Theater. So every broadcast, Michael gives Lexington and Kentucky a plug and helps raise awareness of our community around the world. So I thought I would ask Michael if he could come down and tell us a little bit more about the program. And so having said that, if we don't ask too many questions, maybe he will play something for us. And let's give him a big welcome. Thank you. Thank you very much. It's very nice to be here, and it's especially nice to be introduced by someone who told me no so many years ago. But I'm here because I love my hometown. I love Lexington. I've been here since 1998, and if I have my math correct, in another 30 years I'll be local. And I'm really looking forward to that. My children were born here. My son is here tonight. He goes to Bryan Station. He's part of the Spanish Immersion Program. Lexington is a fascinating, energetic, artistic, entrepreneurial place. And because I tour all over the nation, I play hundreds of concert dates over the course of the past several years. And I know for a fact, from my own experience, that Lexington is very unique and it's very special. And it is probably the only place in the nation that could have given birth to something like the Wood Song's Old Time Radio Hour. And it's very nice that Councilman Lane invited me here tonight to at least have a chance to explain what this very popular secret is that Lexington has. the Kentucky Theater fills to capacity every Monday with an all volunteer run music production that attracts artists like Judy Collins Peter Yarrow from Peter, Paul and Mary Brandi Carlile, Kathy Matea the Del McCurry band Roger McGuinn, Odetta we just had Iris DeMint there last Monday, Rhonda Vincent and the Rage, Ralph Stanley, everything from blues to bluegrass, country to Celtic, old-timey, new singers, songwriters, it celebrates grassroots music from the birthing ground of grassroots music, which is Kentucky. Kentucky is the birthplace of bluegrass music. It's the birthplace of so much of the folk arts. And here Lexington sits at the foothills of the Appalachian Mountains. It's a very, very special place. And Lexington has the kind of adventurous spirit among its people that something like wood songs could be produced by all volunteers. And I want to stress that. I get paid nothing to do wood songs. This beautiful lady sitting here with her husband is Roz. She and her husband come from Colorado and they settled in Danville for a little while, but Wood Songs drew them to move to Lexington. And now she's the head of the all-volunteer Wood Songs crew. We have several Wood Songs partners. These are audience members that become official audience members of Wood Songs, and they're at virtually every single show. And they fill this theater full of art lovers and music lovers, and it's a wonderful reflection of what Lexington's spirit is all about. And here's another interesting thing. None of the artists that come on Wood Songs are paid a penny. When Bela Fleck and the Fleck Tones come on Wood Songs, they are not paid. When Judy Collins comes on Wood Songs, she's not paid. She's been on Wood Songs three times, hasn't earned a penny. We do not pay the artists because we don't get paid. And yet there's something drawing them. And what is it? It is a huge audience. Wood Songs airs on 509 radio stations. It airs on American Forces Radio Network in 173 nations. Every U.S. naval ship and military base around the world airs Wood Songs twice every weekend, right after a Prairie Home Companion. Wood Songs is one of the biggest broadcasts online. and with a partnership between Insight Communications and KET, it's a public television series from California to Florida to Vermont. Over 90 million homes a week receive Wood Songs as a TV series on public television, and it just got picked up by the Blue Highways Television Network, which is another national commercial channel. What happens on Monday nights downtown carries an invitation to come to Lexington that is worth in real advertising value literally millions of dollars to Lexington. And I am not here asking for anything. I just want you to know about it because it's happening two doors down and it's getting bigger. And here's why it's getting bigger. Public television is converting to high definition. Wood Songs is in the middle of a fun drive so that we can take our television gear, which is assembled with Scotch tape and superglue, and all volunteers, and we want to convert to HD. If Wood Songs converts to HD, Lexington will be the home base of a worldwide broadcast with a bigger audience than a Prairie Home Companion, and the Grand Ole Opry combined. And here's how those numbers work. Prairie Home Companion, which is the biggest broadcast on public radio, is on 590 stations. We're only on 509. But Garrison Keillor is not on television. We're in 90 million homes. If we convert to HD, wood songs will be picked up in every single major market public television system in the United States, Canada, the BBC, Ireland, and across Europe. We will be in almost 200 million homes worldwide inviting people to Lexington every week. It will be bigger than Prairie Home Companion and the Grand Ole Opry combined, and it's all volunteer run. And I want to show you what volunteers can do. Our little all-volunteer TV crew run by college students and housewives and regular folks and retired people just won the 2012 Tele Award for Broadcast Excellence. This is one of the highest awards in the TV industry. Our all-volunteer television crew beat out Austin City Limits and David Letterman and Mountain Stage and everybody else. And this is the 2012 Telly Award that we just got today. Thank you. For you guys. Thank you. On behalf of the 35 or 40 crew members that we have, Roz, it's an exciting thing to see their work validated for their hometown. And we're going to show you a three-minute clip that's part of the TV broadcast. Unfortunately, I'm in it. I want you to look. We took the music out so we could get to the point and not waste your time. We wanted you to see how Lexington is presented on national television and national radio. Remember, this is a weekly audience that right now is about 2 million people tuning in on TV, radio, and the Internet. About 2 million people a week hear this message, and this is a sample of the message. And if you guys want to play that DVD, it's only about three minutes long. Thank you. makers of handcrafted American-made Martin guitars since 1833. American recordable media, manufacturing CDs, DVD, and more for independent artists worldwide. Insight Communications, providers of cable, telephone, high-definition television, and broadband internet service. Here on the Lou's gonna he ride. His name is Hank Williams. On the Grand Ole Opry, Bill Monroe and his bluegrass boys. Hi, this is Bruce Horn. Hi, this is Kevin Moore. Hey, folks, this is Bela Fleck. Hi, folks, this is Sam Bush. Hello, this is Odetta. This is Joan Baez, and you're listening to the Wood Songs Old Time Radio Hour. And now, gather the family around and sit back in your easy chair. It's time again for the Wood Songs Old Time Radio Hour. our worldwide celebration of grassroots music. Let's welcome folk singer, author, and tree hugger, Michael Jonathan. And welcome to the historic Kentucky Theater. Here we are in our hometown of Lexington, Kentucky, a beautiful hometown at the crossroads of America's folk and bluegrass music, the gateway city to the beautiful Appalachian Mountains. So much music and art happens here, the beautiful horse farms, the great festivals and the museums, and so much that you can enjoy with your families here in the central Kentucky area where we broadcast our show. And what we're doing is celebrating independent and grassroots music. We liken this beautiful art form as a precious diamond, like it has many facets, like a real diamond. It's folk and it's blues, it's bluegrass, country, Celtic, old-timey, new singer, songwriter. Sometimes it's rock and roll, sometimes it's opera. so many things, and we celebrate it all on this wonderful historic stage of the Kentucky Theater here in the beautiful heart of downtown Lexington, our hometown, a wonderful place, I'm sure just as wonderful as your own. Artists come from all over the world to be on our stage. You don't have to be famous to be on wood songs. You just have to be very, very good. Heritage starts with you, and I want every single one of you to look at your homes, look at your family, look at this magnificent, beautiful, worldwide stage called a living room couch. I want you to start your legacy today. That is the essence of heritage. It's what you do right now, today, is the long line of tradition in music and art. My name is Michael Jonathan. I'm a folk singer. I am a log cabin dweller. And we'll see you next week on the Wood Song. Good night. So that gives you an idea of the message. Again, I apologize that I'm the person on the screen. But that's the message part. The music sort of speaks for itself. But when you have so much art and so much music, you want to represent your hometown in a way that makes people proud. And to have the opportunity for worldwide television like we are standing at the precipice of now is an exciting thing. You know, if not for Councilman Farmer and others, the Wood Songs broadcast, the Kentucky Theater would never have been rewired so that we could have a TV broadcast there. So we have a lot of reasons to thank Lexington and the city officials for making Wood Songs possible, for making it possible for Roz to work for free every single week with no hope of ever making so much as a nickel for all of her hard work, plus all the other crew members. And the Wood Songs message is going out more and more. We're in a partnership with Ag Credit right now. They're sending me into Rotary Clubs and Lions Clubs and stuff throughout Lexington and all of central Kentucky over the course of the next several months to bring this message of hometown. What you saw on screen is the message that we carry with Wood Songs. Love for home, love for family, love for the hometowns, but mostly love for that front porch style of music. that Kentucky is known worldwide for and unfortunately is hard to find anymore. And so that's what Wood Songs is about. And like I said, we're not here to ask you for anything. We just wanted you to know that there's a very popular secret happening two doors down that's growing extremely fast. And if we get a little lucky and things go our way and all the hard work that we're putting into it gets rewarded, Lexington is going to be the home of one of the biggest music broadcasts in history. So thank you very much. Thank you. Michael, thank you so much. Now you have your guitar out or your banjo out. Did you want to do something with it? You know, you guys are bled in. It's not every day we have a banjo with a wonderful player here. You know what you call a beautiful woman on the arms of a banjo player? A tattoo. Think about it. It is a seasonal song. But I would really like the city council to sing with me, okay? Earn your vote. This is a theme from Porgy and Bess. Very unusual song to play on the band, but you know the words Summertime When the living is easy Sing it The fish are jumping And the cotton is high Your daddy's rich And your mama's good looking So hush, little baby, now don't you cry Come on, Ed, into the mic, man Let's see what you're made of, bro One of these mornings, you're gonna rise up singing And you'll spread your wings and learn to fly But come that morning, nobody will harm you Cause mama and daddy is standing by Summertime, I want to hear it Summertime When the living's easy Come on, bill louder Hey, love it And the cotton is high Your daddy is rich And he was good looking So hush, little baby, now don't you cry There you go. Thank you, everybody. Thank you. Thank you so much. We really appreciate you being here. Now we have to get all serious, Michael. Okay, if I could ask the clerk to please give second reading to the ordinances. Thank you. do do I hear a motion I have a motion in a second will you take the vote certainly did you the motioner and the seconder oh I'm sorry I didn't hear us councilmember Myers and the motioner was councilmember blues thank you Ms. Lawless? Yes. Mr. Martin? Yes. Mr. McCord? Yes. Mr. Myers? Yes. Mr. Stennett? Yes. Mr. Beard? Aye. Mr. Blues? Yes. Ms. Crosby? Yes. Mr. Ellinger? Yes. Mr. Farmer? Yes, ma'am. Mr. Ford? Yes. Vice Mayor Gordon? Aye. Ms. Henson? Yes. Mr. K? Yes. And Mr. Lane? Yes. Yes. Thank you. But those both passed 15-0. Thank you. And if you'll go ahead and please give first reading to ordinances. Ordinance number three. An ordinance amending Article 2 of the Zoning Ordinance to change the Zoning Map Atlas from the historical series of 81 maps to a system utilizing the Lexington-Fayette Urban County Government Geographical Indexing System to serve as the official zoning map for the urban county. Number four, an ordinance changing the zone from a wholesale and warehouse business B4 zone to a professional office P1 zone for 0.6478 net and 0.7185 gross acre with dimensional variances for property located at 620 South Broadway, Montessori High School of Kentucky. Number five, an ordinance amending Section 2152 of the Code of Ordinances abolishing one position of engineering technician, grade 111N, and one position of staff assistant senior, grade 108N, and creating one position of municipal engineer senior, grade 119E, in the Division of Engineering, appropriating funds pursuant to Schedule No. 8, effective upon passage of council. No. 6, an ordinance amending Section 2253.22 of the Code of Ordinances, adjusting the entrance rate and pay scale for traffic school guards, effective upon passage of council. Number 7. An ordinance amending Section 2152 of the Code of Ordinances abolishing one position of Administrative Specialist Senior, Grade 112N, and one position of Staff Assistant Senior, Grade 108N, and creating two positions of Administrative Specialist, Grade 110N, in the Division of Building Inspection, appropriating funds pursuant to Schedule No. 10, effective upon passage of Council. Number 8. An ordinance amending Section 2152 of the Code of Ordinances, transferring one position of engineering technician, Grade 111N, and its incumbent from the Division of Computer Services to the Division of Engineering, appropriating funds pursuant to Schedule No. 9, effective upon passage of Council. Number 9. An ordinance amending Sections 3, 4, and 5 of Ordinance No. 91-2012, removing pay increases for part-time employees, effective retroactive to July 1, 2012. Number 10. Deleting, but no accessory structure shall be taller at the roof ridge than the height of roof ridge of the primary structure from Section 2, subsection 5A. And deleting, and attached from Section 2, subsection 7, Urban County Planning Commission. Number 12. An ordinance amending Section 2152 of the Code of Ordinances, creating one position of Deputy Director of Recreation, Grade 120E, in the Division of Parks and Recreation, effective upon passage of Council. Number 13, 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 7. Number 14, an ordinance levying ad valorem taxes for municipal purposes for the fiscal year July 1, 2012 through June 30, 2013 on the assessed value of all taxable property within the taxing jurisdictions of the Lexington-Fayette Urban County Government, all taxes on each $100 of assessed valuation as of the January 1, 2012 assessment date, as follows. General Services District, $0.0800 on real property, including real property of public service companies, $0.0990 on personal property, including personal property of public service companies, noncommercial aircraft and noncommercial watercraft, $0.1500 on insurance capital, $0.0150 on tobacco and storage, and $0.0450 on agricultural products and storage. Full urban or partial urban services districts based on urban services available on real property, including real property of public service companies, $0.1431 for refuse collection, $0.0210 for street lights, $0.0094 for street cleaning, $0.0920 on insurance capital, $0.0150 on tobacco in storage, $0.0450 on agricultural products in storage, and levying an ad valorem tax for municipal purposes at the rate of $0.0880 on each $100 of assessed value on all motor vehicles and watercraft within the taxing jurisdiction of the Lexington-Fayette Urban County Government as of the January 1, 2013 assessment date. Number 15, an ordinance levying ad valorem taxes for purposes of support of the Agricultural Extension Office for the fiscal year July 1, 2012 through June 30, 2013, on the assessed value of all taxable real and personal property within the taxing jurisdiction of the Lexington Fayette Urban County Government. All taxes on each $100 of assessed valuation as of the January 1, 2012 assessment date as follows. $0.0033 on all taxable real property, including real property of public service companies. $0.0035 on taxable personal property, including personal property of public service companies, non-commercial aircraft and non-commercial watercraft. and excluding inventory and transit, insurance capital, tobacco and storage, and agricultural products and storage, and levying an ad valorem tax for purposes of support of the Agricultural Extension Office at the rate of $0.0035 on each $100 of assessed value on all motor vehicles and watercraft within the taxing jurisdiction of the Lexington Fayette Urban County Government as of the January 1, 2013 assessment date. Number 16. An ordinance levying ad valorem taxes for purposes of support of the Soil and Water Conservation District for the fiscal year July 1, 2012 through June 30, 2013, on the assessed value of all taxable real property within the taxing jurisdiction of the Lexington Fayette Urban County Government, including real property of public service companies, at a rate of $0.000433 on each $100 of assessed valuation as of the January 1, 2012 assessment date, with the tax bills computed and collected at a rate of $0.0004 rate on each $100 of assessed valuation. And number 17, an ordinance adopting the request of the Lexington-Fayette County Health Department under KRS 2-12.755 and levying a special ad valorem public health tax for the fiscal year July 1, 2012 through June 30, 2013 on the assessed value of all taxable real and personal property within the taxing jurisdiction of the Lexington-Fayette Urban County Government, including real and personal property of public service companies, non-commercial aircraft, non-commercial watercraft, and inventory in transit and excluding insurance capital, tobacco in storage, and agricultural products in storage at the rate of $0.028 on each $100 of assessed value as of the January 1, 2012 assessment date and levying a special ad valorem public health tax at the rate of $0.028 on each $100 of assessed value on all motor vehicles and watercraft within the taxing jurisdiction of the Lexington Fayette Urban County Government as of the January 1, 2013 assessment date. Okay, Council Members, now is the time for motions. I see Council Member Lawless. Yes, I'd like to suspend the rules and ask for a second reading on number four. This is for the Montessori High School of Kentucky, and it passed the Planning Commission 8-0, and there were no objectors. This is in my district, and they need to get in there with school starting. Do I hear a second? Second. Council Member Crosby seconds. All those in favor? Is there any discussion first? All those in favor, say aye. Anyone opposed? All right, that motion passes. Are there any other motions? All right. If I could ask the clerk to give that second, well, first of all, give it second reading. Certainly. Ordinance number four. An ordinance changing the zone from a wholesale and warehouse business B4 zone to a professional office P1 zone for 0.6478 net to 0.7185 gross acre with dimensional variances for property located at 620 South Broadway, Montessori High School of Kentucky. Do I hear a motion? Council Member Blues moved approval. Council Member Beard seconded. Will you take the roll call, please? Ms. Lawless? Yes. Mr. Martin? Mr. McCord? Yes. Mr. Myers? Yes. Mr. Stennett? Yes, ma'am. Mr. Beard? Aye. Mr. Blues? Yes. Ms. Crosby? Yes. Mr. Ellinger? Yes. Mr. Farmer? Aye. Mr. Ford? Yes. Vice Mayor Gordon? Aye. Ms. Henson? Yes. Mr. Kay? Yes. Mr. Lane? Yes. Thank you. Thank you. Those pass 15-0. Now, if you'll go ahead, please, and give first reading to resolutions. Resolution number one. A resolution accepting the bid of Nugent Sand Company establishing a price contract for sand for golf courses for the Division of Parks and Recreation. Number two, a resolution accepting the bid of Amron International Incorporated establishing a price contract for dry suits for public safety diving program for the Division of Fire and Emergency Services. Number three, a resolution accepting the bid of Keesler Police Supply, Inc., establishing a price contract for soft body armor for the Division of Police. Number four, a resolution accepting the bid of Smith Contractors, Inc., in the amount of $4,861,000 for the expansion to a wastewater system improvements contract one pump station for the Division of Water Quality, and authorizing the mayor on behalf of the Lexington Fayette Urban County government to execute any necessary agreement with Smith Contractors, Inc. related to the bid. Number five, a resolution accepting the bid of TEM Group Incorporated in the amount of $148,812 for a generator for Fire Station No. 1 for the Division of Fire and Emergency Services and authorizing the Mayor on behalf of the Urban County Government to enter into any necessary agreement related to the bid. Number six, a resolution accepting the bid of LAGCO Incorporated in the amount of $124,451 for the Andover Trunk Sewer No. 16 Fairway for the Division of Water Quality and authorizing the mayor on behalf of the Lexington Fayette Urban County Government to execute an agreement with Lagco Incorporated related to the bid. Number seven, a resolution authorizing the Division of Human Resources to make a conditional offer to the following probationary civil service appointment. James Duff, Equipment Operator Senior, Grade 109N, 18.300 hourly in the Division of Streets and Roads. Amanda Mudd, Telecommunicator Senior, Grade 113N, 18.042 hourly in the Division of Emergency Management 911. Beverly Johnson, Telecommunicator Senior, Grade 113N, 16.298 hourly in the Division of Emergency Management 911. Carrie Kelly, Telecommunicator Senior, Grade 113N, 16.031 hourly in the Division of Emergency Management 911. Autumn Floyd, Child Care Program Aid, Grade 107N, 12.588 hourly in the Division of Family Services. Chad Epperson, Public Service Worker Senior, Grade 107N, 11.846 hourly in the Division of Parks and Recreation. Leroy Ballou, Equipment Operator Senior, Grade 109N, 16.033 hourly in the Division of Waste Management. Terry Thornton, Equipment Operator Senior, Grade 109N, 19.228 hourly in the Division of Waste Management. Rodney Arnold, Equipment Operator Senior, Grade 109N, 12.815 hourly in the Division of Waste Management. Ursula Killens, Storrs Clerk, Grade 107N, 14.499 hourly in the Division of Facilities and Fleet Management. Michael Thomas, Public Service Worker Senior, Grade 107N, 12.438 hourly in the Division of Streets and Roads. Thomas Thompson, Security Officer, Grade 106N, 15.130 hourly in the Division of Facilities and Fleet Management. Lori Bayless, GIS Specialist, Grade 114N, 19.315 hourly in the Division of Computer Services. Casey Durham, Public Service Worker Senior, Grade 107N, 11.846 hourly in the Division of Streets and Roads. Jamie McLemore, Public Service Worker Senior, Grade 107N, 11.846 hourly in the Division of Streets and Roads. Dallas Genoey Maintenance Mechanic, Grade 113N, 18.282 hourly in the Division of Water Quality. Authorizing the Division of Human Resources to make a conditional offer to the following probationary sworn appointments. Edmundo Abundante Anisha Adams Lisa Audette Alohosequin Eomide Nicholas Barjuka Harmon Barnes Tricia Bird Tammy Boggs Thomas Boyd Mackenzie Bramlett Eric Brunswick Samantha Collier Aaron Courtney David Kraft No Day III Michael Dooley Casey Durham Ryan Feck Natasha Foster Colin Garrison Crystal Hall Shirley Hancock Christopher Hatton Kyle Height Jeffrey Horn Timothy Howard Natoria Hughes Christopher Jackson, Stephen Jones, Teresa Jones, Christopher Jordan, Kelly Kirschbaum, Karina Lancaster, Jeffrey Leonard, Natasha Lewis, Timothy Mandel, John Marcioni, Kyle Matthews, Johnny McDaniels, Roger Meadows, Brian Middleton, Janelle Mitchell, Christopher Ollinger, Josh Ownby, Sean Parks, Russell Parrish, Jacob Pasley, Laurent Patton, Stephen Powell, Jeremy Reed, Michael Roberts, Hugh Selle, William Scalf, Corey Stevens, James Taller, Christopher Turpin, Jacob Wardrip, Nigel Wells, James Whitehead, and Anthony Wilder, Community Corrections Officer, Grade 110N, 14.340 hourly in the Division of Community Corrections, effective upon passage of counsel. Authorizing the Division of Human Resources to make a conditional offer to the following unclassified civil service appointments. Mary Alice Schrader, Client Assessment Counselor, Grade 112E, 1,346.08 biweekly in the Division of Youth Services, effective upon passage of counsel, and Anna Jaynes, Security Officer Part-Time, Grade 106N, 10.266 hourly in the Division of Facilities and Fleet Management, effective upon passage of counsel. Number eight, a resolution ratifying the probationary civil service appointments of Marcus Ashford, Public Service Supervisor Senior, Grade 114E, 1,440.72 biweekly in the Division of Waste Management, effective September 10, 2012. Jimmy Ross, Public Service Supervisor, Grade 111N, 15.494 hourly in the Division of Facilities and Fleet Management, effective September 3, 2012. Philip Stiefel, Information Systems Service Level Manager, grade 121E, 3101.12, biweekly in the Division of Enterprise Solutions, effective September 3, 2012. Nanette Lewis, Telecommunicator Supervisor, grade 116E, 1,715.04, biweekly in the Division of Emergency Management, 9-1-1, effective July 30, 2012. Tamara Walters, Deputy Director, Human Resources, grade 122E, 3,300.56, biweekly. Thank you. Thank you. Thank you. Equipment Operator Senior, Grade 109N in the Division of Waste Management, beginning July 27, 2012 through October 24, 2012. And unclassified civil service pay increases in the Office of the Urban County Council. Leah Boggs, Aid to Council, Grade 000E from 2098.80 biweekly to 2131.36 biweekly in the Council Office, effective August 13, 2012. and Tiffany Tatum, Aid to Council, Grade 000E, from 2040 biweekly to 2131.36 biweekly in the Council Office, effective August 13, 2012. Resolution number nine, a resolution authorizing the Mayor on behalf of the Urban County Government to execute a lease agreement with Lexington Fayette-Urban County Human Rights Commission for lease of space at 162 East Main Street. Number ten, a resolution authorizing the Mayor on behalf of the Urban County Government to execute a facility usage agreement with Fayette County Board of Education for use of Dunbar Track for the Hershey's Track Meet at a cost not to exceed $84.50. Number 11, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a lease agreement with Lexington Downtown Development Authority for lease of space at 101 East Vine Street. Number 12, a resolution authorizing the mayor on behalf of the Urban County Government to execute contract modification number 3 to the contract with CDP Engineers Incorporated for the Clay's Mill Road Improvement Project increasing the contract price by the sum of $73,012 from $1,067,727 to $1,140,739. Number 13, a resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute a statement of compliance with the Commonwealth of Kentucky Transportation Cabinet for bridge posting requirements. Number 14, a resolution authorizing and directing the mayor on behalf of the Irvin County Government to accept a grant from the Kentucky Energy and Environment Cabinet, which grant funds are in the amount of $112,000 Commonwealth of Kentucky funds under the Kentucky Recycling Grant Program, are for the purchase of a co-mingled sorting line, the acceptance of which obligates the Irving County Government for the expenditure of $28,000 as a local match, and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 15, a resolution authorizing the mayor on behalf of the Irving County Government to execute change order number one to the contract with Mitchell Construction Management for the improvement project at fire station number six, increasing the contract price by the sum of $2,100 from $54,000 to $56,100. Number 16, a resolution authorizing and directing the mayor on behalf of the urban county government to execute and submit a grant application to the Kentucky Division of Waste Management 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 $3,000 Commonwealth of Kentucky funds and are for disposal or recycling of waste tires, 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. I'm sorry to interrupt your wonderful fast pace, but Council Member Crosby has a question before you read number 17. I have a question if Mr. Paulson's in the room. Hopefully he can answer it, and I'll be quick because I know we spent a lot of time at the beginning of the meeting on some other stuff. But I was curious. I went back and watched the tapes, and I think I mentioned we had kind of lengthy discussion about this when we initially voted on it. And on Tuesday, we were told that this was for the Lansdowne signal at Lansdowne and Tate's Creek. And I know there's Albany Road as well as alumni, which are also equally busy. And so I was wondering about those signals there and how. And that was my not knowing as much as I needed to know about it. What this is really concerning is an upgrade revolving around kind of auto-focused signalization. The original plan that we were putting forward was dealing more with the bike and pedestrian and the sidewalk aspects. The state came back and said, well, if we're doing this, let's go forward and upgrade the signals at all the intersections. and let's do it all at kind of one time rather than we finish the sidewalks and come back in later. Was the state involved in the initial planning of this, and is this new technology? I don't believe it's new technology, Keith. Keith can tell more. That's something I'm not sure of the exact specifics. I can't tell if he's saying, yes, it's new technology. So when you all planned the initial project, this was not technology that was available, And so now the state is coming in saying, you need to do this, right? Mr. Lovin. These are old signals, and so we're upgrading the signals to current standards. The technology has always been there, but those signals didn't have that technology. And so it's really they're replacing the signal heads, they're replacing the cameras, and it's all geared toward improving the vehicular flow. And so they were focusing on that, and then they just wanted to piggyback on our project because we're going in there and adding PET signals and stuff. So it's not really related to the sidewalk project per se. The state knew that we were doing a project, and they just wanted to piggyback on our work. That sort of opens a whole new line of questioning for me, but I'm not going to take the time to do that right now. But I will gladly email you and follow up. So they're doing, just let me understand, they're doing all three intersections? All five. The three big ones that I mentioned and then the other. Okay. And then have they done the, has there been traffic flow studies using this new technology through here or in combination with the life safety with the path that's going on? Anytime they do work on a traffic signal, they look at the existing equipment, and it's basically upgrading. It's going to LED lenses. It's replacing the equipment that's been there for probably 20 years. Okay. I'll follow up with you with some other questions. Thank you. Okay, don't go away. Council Member Kay has a question. Thank you, Vice Mayor. Your answer has prompted another question in my mind. If this is something that the state eventually felt needed to be done, Would we have been on the hook for the matching fee as we are now with this project? We're being asked to spend $62,500 as a match. If this were done separately, would the same condition prevail, or would that be a state responsibility? I'm not sure. Generally, they would wait until there's a project associated with the upgrade. and so that's why we are being burdened with that match. The signals could have gone for years without any kind of an upgrade. And if they wanted to go in and if there was a need to upgrade the signal, then, yes, they would be responsible for 100% of the cost. Okay, so if I understand correctly, it's not a pressing need, but it makes sense to do it because there's a project. I presume it's less expensive in the long run to do it now, and so we're willing to accept that cost. Yes. Okay. Thank you. Thank you, Vice Mayor. Council Member Beard. Thank you, Vice Mayor. Seeing as how this project is at least three and a half years old, I see no big rush. Is there any big rush in doing this? I would like to have a full briefing on this whole situation. so we can understand it a little bit better, not only for this situation, but for other situations that come down the pike, because I don't think any of us or many of us have been in this kind of position where we've had to do matching for the benefit of the state. In terms of expediency, I think it's, you know, we requested this. This actually was approved by the NPO in March of last year just because of the way the state has gone through. It's just come back to us in July. Well, I know, but seeing as I didn't find out about it until sometime yesterday morning. But I think that's partially because of the timing that we got from the state in terms of when they returned the contract and went back through the NPO again in early August. Well, I would hope we're not going to ask for a second reading. Tonight? Yes. I don't believe that was our plan. Okay, well, I just want my colleagues to know my sentiments about it also. And I would like to sit down with Keith or whomever and find out a bit more about this. Because I have to turn around and tell my constituents. And it's always a little edgy, as I told you a little earlier, It's a little edgy to have an issue like this two months out from the election. We'd be happy to come and meet with you to talk more about this project. Okay, fine. Well, let's set something up and go ahead with that if we could. And if any of my colleagues wish to jump in also, they're, of course, welcome to do so. Okay. Okay. Thank you. Thank you, Vice Mayor. Yes, thank you. Thank you, Commissioner. Thanks, Keith. Okay. Do you want to continue, please? Resolution number 17, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an amendment to agreement with the Kentucky Transportation Cabinet for the acceptance of additional federal funds for the Tates Creek Road Sidewalk Improvements Project in the amount of $250,000, the acceptance of which obligates the Urban County Government for the expenditure of $62,500 as a local match, and extending the project through June 30, 2013. Number 18, a resolution authorizing the mayor on behalf of the urban county government to execute a facility usage contract with Fayette County Board of Education for use of Tates Creek Middle School Gym for the Teen Initiative Program at a cost not to exceed $633.75. Number 19, a resolution authorizing the mayor on behalf of the urban county government to execute a facility usage agreement with Fayette County Board of Education for rental of Tates Creek Middle School Gym for Teen Initiative activities at a cost not to exceed $1,087.50. Number 20, a resolution authorizing and directing the mayor on behalf of the Irby County Government to execute change order number one to the contract with LAGCO Incorporated for Energy Efficiency Improvements to Black and Williams Community Center for the Division of Environmental Policy, increasing the contract price by the sum of $3,000 from $426,040 to $429,040. Number 21, a resolution authorizing the mayor on behalf of the Irving County Government to execute a right-of-way with Columbia Gas of Kentucky, Inc. for a pipeline and service connections over and through Masterson Station Park relating to widening of Leastown Road. Number 22, a resolution authorizing the mayor on behalf of the Irving County Government to execute a facility usage contract with Fayette County Board of Education for the ESP and REAL programs. Number 23, a resolution accepting the response of immediate response spill technologies for a hazardous materials cost recovery and supply program for the Division of Fire and Emergency Services and authorizing the mayor on behalf of the urban county government to execute an agreement with immediate response spill technologies related to the RFP and response at no cost to the urban county government. Council members, number 24 is the Providence Montessori School Project, the revenue bonds refunding, and there is a public hearing, so I declare the public hearing open and ask if there's anyone in the audience who wishes to speak to this. And seeing no one, I declare the public hearing closed. Thank you. Resolution number 24, a resolution of the Lexington Fayette Urban County Government approving the execution and delivery by the City of Midway, Kentucky, of its City of Midway, Kentucky Educational Facilities Refunding Revenue Bonds, Series 2012, Providence Montessori School Incorporated Project, in an amount not to exceed $1,250,000, and the use of the proceeds thereof to A, refund the City of Versailles, Kentucky, Educational Facilities Revenue Note to Providence Montessori School Incorporated Project, Series 2005, the proceeds of which were used to finance and refinance the costs of the acquisition, construction, and equipping of educational facilities, including classrooms and art room and assembly room, and other facilities and improvements on the school's campus located at 1209 Texaco Road in Lexington, Kentucky, and B, pay costs of issuance of the bonds. Number 25, a resolution authorizing and directing the mayor on behalf of the Irving County Government to execute an agreement with the Fayette County Commonwealth Attorney's Office for a fast-track prosecutor for the street sales drug enforcement project at a cost not to exceed $57,914. Number 26. Vice Mayor. Yes, sir. this the other day, but my question is this evening. Commissioner Paulson, welcome again. The funds, I can tell you what I can tell you, and unfortunately Keith had to leave, and he is the project manager for Brighton East, so the specifics about what exactly it will entail, I'll have to get Keith. It was my mistake for saying, Keith, yes, you can go ahead and be with your kids. The cost is going to come from MAP funds, and we have I believe around $800,000 or so in the MAP funds at this time. It's going quickly. It is. I was just interested. I'm not going to ask for a second reading on this. I was just interested in the background. I'll get with Keith on it. Yeah, we'll be happy to get you some more details on that. It's one of those great things, catching up with how the road process works coming into engineering. And with two project managers, it's a lot of work going on. Thank you, sir. Thank you, Vice Mayor. I'll get that to you. You're welcome. Thank you. Go ahead, please. Resolution number 26, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute supplemental agreement number two with the Kentucky Transportation Cabinet for the acceptance of additional federal funds for the Brighton East Trail Project in the amount of $256,000, the acceptance of which obligates the Urban County Government for the expenditure of $64,000 as a local match. Number 27, a resolution authorizing the mayor on behalf of the Urban County Government to execute a lease agreement with Downtown Lexington Corporation for lease of space at 101 East Vine Street. Number 28, a resolution authorizing the Urban County Government to rename the Valley Park neighborhood building to the Jesse Higginbotham Neighborhood Center pursuant to the Division of Parks and Recreation naming policy. Number 29, a resolution authorizing the Mayor on behalf of the Urban County Government to execute a lease agreement with Lexington and Fayette County Parking Authority for lease of space at 101 East Vine Street. Number 30, a resolution authorizing and directing the mayor on behalf of the Irving County Government to execute an agreement with Kentucky American Water Company for water data and shutoffs at a cost not to exceed an estimated $34,500 in fiscal year 2013. Number 31, a resolution authorizing the Division of Revenue on behalf of the Irving County Government to purchase document imaging provider and related services from V-Bridge, a sole source provider, at a cost not to exceed $55,000 and authorizing the mayor to sign any necessary agreement related to the services. Number 32, a resolution approving the Fayette County Sheriff's Settlement 2011 taxes for taxes collected as of April 15, 2012 and granting the sheriff a quietus. Number 33, a resolution authorizing the mayor on behalf of the Urban County Government to execute change order number one to the contract with Disponet Service Company, Inc. for Charles Young Center repairs, increasing the contract price by the sum of $2,800 from $182,600 to $185,400. Number 34. A resolution authorizing and directing the mayor on behalf of the urban county government to execute a facilities use agreement with St. Luke United Methodist Church for space for the meeting, the challenges, and opportunities of aging conference at no cost to the urban county government. Number 35. A resolution authorizing and directing the mayor on behalf of the urban county government to accept a grant from the U.S. Department of Homeland Security, Federal Emergency Management Agency, which grant funds are in the amount of $2,621,304 federal funds under the Staffing for Adequate Fire and Emergency Response Grant Program, are for hiring 28 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 36, a resolution authorizing and directing the mayor on behalf of the urban county government to execute certificates of consideration and other necessary documents and to accept deeds for property interest needed for the Andover trunk sewer project at a cost not to exceed $57,261.06. Number 37, a resolution authorizing and directing the mayor on behalf of the Irving County Government to execute a certificate of consideration and accept a deed conveying a permanent easement across the property located at 721 Roland Avenue for the stream stabilization project at no cost to the Irving County Government. Number 38, a resolution authorizing the mayor on behalf of the Irving County Government to execute an agreement with the University of Kentucky for cost-sharing for relocation of sanitary sewer lines in the 400 block of Rose Lane for the Division of Water Quality at a cost not to exceed $103,000. Number 39, a resolution authorizing and directing the mayor on behalf of the urban county government to execute a First Amendment to agreement with the City of Cincinnati on behalf of the Greater Cincinnati Water Works and authorizing and directing the mayor or his designee to execute any necessary documents with Payment Tech LLC, C, Link to Gov Corporation, and JPMorgan Chase Bank in A related to providing multiple options for payment of bills at no cost to the urban county government. Number 40, a resolution authorizing the mayor on behalf of the urban county government to execute a purchase of services agreement with UK Arboretum for stormwater education and outreach workshops for the Division of Environmental Policy at a cost not to exceed $50,000. Number 41, a resolution authorizing the Mayor on behalf of the Irving County Government to execute a purchase of services agreement with Roots and Heritage Festival Incorporated for the 2012 Roots and Heritage Festival at a cost not to exceed $35,415 and additional in-kind services. Number 42, a resolution authorizing the Mayor on behalf of the Irving County Government to execute contract amendment number one to the contract with Third Rock Consultants Incorporated for the Wolf Run Watershed Plan, increasing the contract price by the sum of $13,500 from $177,200 to $190,700. Number 43, a resolution authorizing and directing the mayor on behalf of the Irving County Government to execute an agreement with the Fayette County Public Schools for the provision of meals to students at the day treatment and family care centers at a cost not to exceed $5,000. Number 44, a resolution authorizing the mayor on behalf of the Irving County Government to execute the federal equitable sharing agreement with the Department of Justice, Department of the Treasury, for participation in the Federal Equitable Sharing Program. Number 45, a resolution authorizing the Mayor on behalf of the Irving County Government to execute an agreement with Internal Revenue Service Criminal Investigation for reimbursement of expenses. Number 46, a resolution authorizing and directing the Mayor on behalf of the Irving County Government to accept funds in the amount of $22,517 from Kentucky Utilities as approved by the Kentucky Clean Fuels Coalition for the purchase of an electricity-powered vehicle. Number 47, a resolution authorizing the mayor on behalf of the Urban County Government to execute change order number one to the contract with Harshaw Train for Police Headquarters HVAC, increasing the contract price by the sum of $726.27 from $97,117.73 to $97,844. Number 48. A resolution authorizing and directing the Mayor on behalf of the Irving County Government to execute Change Order No. 1 to the contract with Paladin Incorporated for additional energy assessment services for the Energizing the Arts program, increasing the contract price by the sum of $1,987.50 from $46,182.50 to $48,170. Number 49. A resolution authorizing the Mayor on behalf of the Irving County Government to execute a lease agreement with Lynn Imaging for a wide-format scanner printer copier for the Division of Water Quality at a cost not to exceed $1,920. Number 50, a resolution authorizing the mayor on behalf of the Urban County Government to execute an agreement with Copperfield Neighborhood Association, $1,500, and East End Reunion Committee, $500, for the office of the Urban County Council at a cost not to exceed the sum stated. And number 51, a resolution authorizing and directing the Division of Traffic Engineering pursuant to Code of Orances Section 1886 to install multi-way stop controls at the intersection of Boston Road and Wyndham Hills Drive. Thank you. Are there any motions? Council Member Stenet. Thank you, Vice Mayor. I don't think there's any walk-on, so if there's not, I'll make a motion to suspend the rules and give a second rating. I have several of them, Vice Mayor, so I'll go one at a time. Okay, read them right off. Number four, this is the expansion to a wastewater track or wastewater system. This is the need to get it moving on a faster track or that pump station that we proceeded with before we went on break. Number seven, this is all the HR new hires that have conditional offers that have been waiting. Number 24, this was the Montessori School so they can get started before the end of August. Number 30, this is the data and shutoff agreement with Kentucky American Water because we are changing billing beginning September 1st so we can get this done faster to ensure the smooth transition. Number 32, this is our property tax settlement. This meets the requirements of the Kentucky Department of Revenue so we can close the 2011 property tax year. Number 39, this is our bank agreements with Cincinnati Water Works so that, again, we can get the user fee bills ready and in place before September 1. Number 41, this is the Roots and Heritage Festival. This is to get the festival. It will be underway here in early September so we can get that agreement done. And number 44, this is the time constraints on the federal sharing agreement with the Department of Justice so we can get it done due to the constraints of that agreement. Okay. Do I hear a second? Second. All right. So that was number 4, number 7, number 24, number 30, number 32, and number 39, number 41, and number 44. Motion and a second to give those second reading. Is there any discussion of that? All those in favor, say aye. Aye. Anyone opposed? No. Okay. Are there any other motions, and then we'll just have you read them all at once, if that's okay. Council Member Henson? I have a question on item 7. And I was hoping that, well, since it's been requested a second reading, I was going to... Now's the time for your question. Okay. I guess I just have a real concern that, you know, this is a great, a huge number of employees. and it hasn't been that long ago, about a year and a half ago, that we were having layoffs. So I guess I just want to make sure that we're being conservative in our efforts because it's painful when there's layoffs. I see Commissioner Graham is up and she has her sidekick, our new HR director. I was actually going to talk to you about this, but since it's been requested a second reading, I... It's my understanding that before we even offer a job, create a job, HR and budgeting get together to make sure that it's funded. And I believe Ryan or Jane could echo that. So the budgeting and HR part is a communication before it's even the jobs created and the conditional offers made. So I don't think there's anything on here that wouldn't have been budgeted and checked. Yeah, I guess I would have a concern that some of the employees that were laid off have their positions being reinstated. Is there a time frame? I believe we've reinstated at least one person. If they request it, I believe we go back and look at the position and see the time frame. But I'm not aware of any other requests for reinstatement that have come in. And I know that we approved creating the position in human resources, for instance, and there were several people laid off there, or some of them found other jobs. But it was, you know, it's just like I just want to make sure that we're being conservative in our efforts. You know, now there's a deputy director. We've never had one before. I don't know, you know. I don't work in human resources. I'm assuming there's a need for one. Right. I think that one, what we ended up doing on that was we abolished two positions and took the funding from those two to create the deputy director position. Okay. So it wasn't that. So those, it's not like their position is going to be filled because. Right. It wasn't the elimination of somebody that was laid off and taking that money or something like that. It was two positions that I think we cut to and reorganized and that kind of thing. And some of these are self-explanatory, for instance, corrections, because we know the turnover there. But I just... Yes, I believe I'm only aware of one reinstatement request, and I don't believe it was from Human Resources. I think it was from Government Communications, and we did fulfill that one. Okay, thank you. Okay, that answer your question. Okay, very good. All right. Will you go ahead and give second reading, please? Oh, I need a motion. We had one motion to suspend the rules. Does someone have a motion to approve? We'll need to read them first. Oh, that's right. Thank you. I have one more. I believe Mr. Ford might have some. Councilmember Ford. Thanks, Vice Mayor. I'd like to request that we suspend the rules and give second reading to resolution number 50, which are NDFs. 50? Number 50, yes, ma'am. Okay, do I hear a second? Council Member Farmer seconds to give second reading to number 50. All those in favor, please say aye. Aye. Anyone opposed? Okay, that motion passed. Are there other motions for suspension of rules? No? All right. Resolution number four for second reading. Resolution accepting the bid of Smith Contractors Incorporated in the amount of $4,861,000 for the expansion 2A Wastewater System Improvements Contract 1 pump station for the Division of Water Quality and authorizing the mayor on behalf of the Lexington Fayette Urban County government to execute any necessary agreement with Smith Contractors Incorporated related to the bid. Number seven. Grade 113N, 16.031 hourly in the Division of Emergency Management 911. Autumn Floyd, Child Care Program Aid, Grade 107N, 12.588 hourly in the Division of Family Services. Chad Epperson, Public Service Worker, Senior. Grade 107N, 11.846 hourly in the Division of Parks and Recreation. Leroy Ballou, Equipment Operator, Senior. Grade 109N, 16.033 hourly in the Division of Waste Management. Terry Thornton, Equipment Operator, Senior. Grade 109N, 19.228 hourly in the Division of Waste Management. Rodney Arnold, Equipment Operator Senior, Grade 109N, 12.815 hourly in the Division of Waste Management. Ursula Killins, Stores Clerk, Grade 107N, 14.499 hourly in the Division of Facilities and Fleet Management. Michael Thomas, Public Service Worker Senior, Grade 107N, 12.438 hourly in the Division of Streets and Roads. Thomas Thompson, Security Officer, Grade 106N, 15.130 hourly in the Division of Facilities and Fleet Management. Lori Bayless, GIS Specialist, Grade 114N, 19.315 hourly in the Division of Computer Services Casey Durham, Public Service Worker Senior, Grade 107N, 11.846 hourly in the Division of Streets and Roads Jamie McLemore, Public Service Worker Senior, Grade 107N, 11.846 hourly in the Division of Streets and Roads Dallas Genoey Maintenance Mechanic, Grade 113N, 18.282 hourly in the Division of Water Quality Authorizing the Division of Human Resources to make a conditional offer to the following probationary sworn appointments Edmondo Abandante Anisha Adams Lisa Audette Aloisiquin Ayamide Nicholas Barjuka Harmon Barnes Tricia Bird Tammy Boggs Thomas Boyd Mackenzie Bramlett Eric Brunswick Samantha Collier Aaron Courtney David Kraft No Day III Michael Dooley Casey Durham Ryan Feck Natasha Foster Colin Garrison Crystal Hall Shirley Hancock Christopher Hatton Kyle Haidt Jeffrey Horn Timothy Howard Notoria Hughes Christopher Jackson Stephen Jones Teresa Jones Christopher Jordan Kelly Kirschbaum, Karina Lancaster, Jeffrey Leonard, Natasha Lewis, Timothy Mandel, John Marcioni, Kyle Matthews, Johnny McDaniels, Roger Meadows, Brian Middleton, Janelle Mitchell, Christopher Olinger, Josh Ownby, Sean Parks, Russell Parrish, Jacob Hasley, Leron Patton, Stephen Powell, Jeremy Reed, Michael Roberts, Hugh Salley, William Scalf, Corey Stevens, James Toller, Christopher Turpin, Jacob Wardrip, Nigel Wells, James Whitehead, and Anthony Wilder, Community Corrections Officer, Grade 110 N, 14.340, hourly in the Division of Community Corrections, effective upon passage of council. Authorizing the Division of Human Resources to make a conditional offer to the following unclassified civil service appointments. Mary Alice Schrader, Client Assessment Counselor, Grade 112 E, 1,346.08, biweekly in the Division of Youth Services, effective upon passage of council. And Anna Jane, Security Officer, part-time, Grade 106 N, 10.266, hourly in the Division of Facilities and Fleet Management, effective upon passage of council. Number 24. not to exceed $1,250,000, and the use of the proceeds thereof to, A, refund the City of Versailles, Kentucky, Educational Facilities Revenue Note, Providence-Montessori School, Incorporated Project, Series 2005, the proceeds of which were used to finance and refinance the costs of the acquisition, construction, and equipping of educational facilities, including classrooms, an art room, an assembly room, and other facilities and improvements, on the school's campus located at 1209 Texaco Road in Lexington, Kentucky, and B, pay costs of issuance of the bonds. Number 30. A resolution authorizing and directing the mayor on behalf of the urban county government to execute an agreement with Kentucky American Water Company for water data and shutoffs at a cost not to exceed an estimated $34,500 in fiscal year 2013. Number 32. A resolution approving the Fayette County Sheriff's Settlement 2011 taxes for taxes collected as of April 15, 2012, and granting the sheriff acquaitis. Number 39. A resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a First Amendment to agreement with the City of Cincinnati on behalf of the Greater Cincinnati Water Works and authorizing and directing the mayor or his designate to execute any necessary documents with Payment Tech, LLC, Link to Gov Corporation, and JPMorgan Chase Bank, N.A., related to providing multiple options for payment of bills at no cost to the urban county government. Number 41. A resolution authorizing the mayor on behalf of the urban county government to execute a purchase of services agreement with Roots and Heritage Festival, Incorporated for the 2012 Roots and Heritage Festival at a cost not to exceed $35,415 and additional in-kind services. Number 44. A resolution authorizing the mayor on behalf of the urban county government to execute the federal equitable sharing agreement with the Department of Justice, Department of the Treasury, for participation in the federal equitable sharing program. And number 50. a resolution authorizing the Mayor on behalf of the Urban County Government to execute an agreement with Copperfield Neighborhood Association, $1,500, and East End Reunion Committee, $500, for the office of the Urban County Council, at a cost not to exceed the sum as stated. Thank you very much. Do I hear a motion? I want approval. Councilmember K moved approval. Councilmember Beard seconded. Will you take the roll call, please? Ms. Lawless? Yes. Mr. Martin? No on 7. Yes on the rest. Thank you. Mr. McCord? Yes. Mr. Myers? Yes. Mr. Stennett? Yes, ma'am. Mr. Beard? Aye. Mr. Blues? Yes. Mr. Ellinger? Yes. Mr. Farmer? Yes, ma'am. Mr. Ford? Yes. Vice Mayor Gorton? Aye. Ms. Henson? No on 7 and yes on the rest. Thank you. Mr. K? Yes. And Mr. Lane? Yes. Thank you. Those were approved 14-0 with the two no votes on number 7. Thank you. and then we will move on to the mayor's report communications from the mayor who made the motion i'm sorry council member lane made the motion council member beard seconded communications from the mayor any discussion but yes councilman martin thank you vice mayor i am going to recuse from item 6. My wife is presently the interim director of the Explorium, and therefore I am not going to vote on the board appointments to the Explorium. Thank you. Okay, you're welcome. So Council Member Martin is recusing on number 6. Anything else on the motion? All those in favor, please say aye. Anyone opposed? Okay. And then we have communications from the mayor for information only. And any announcements? Council members, do you have any announcements? Seeing none. Oh, I see some. Council Member Stennett. Thank you, Vice Mayor. I apologize to my colleagues. During Council's report on Tuesday, I meant to request a presentation for an upcoming work session. So, Vice Mayor, if we could have our Council Administrator work with the administration. But I'd like to see a presentation based on a conversation we had before we went on break on the UDAG funding. We had a conversation. We just received a large sum of a million dollars towards that account, but I'd like to have a presentation on, one, the balance of the UDAG account, number two, what it can be used for, and what the recommendation is from the administration on using that funding because it's sitting there. I know there's a lot of projects out there that are worthy of that money, but I think we need to get a better understanding of what it can and cannot be used for. Okay. If we could do that at a work session, because it really could go into three or four different committees, so maybe this will give us an opportunity for everyone to hear it. Then we can decide what committee we want to explore our options with. Very good. Thank you, Vice Mayor. I'll talk with her about getting that done. Oh, she's in the audience. Anything else, Council Members? Did I see someone else on here? No? Any other announcements? If not, we will move to public comment, and I have one person signed up. If you will go to the podium and give us your name and address, please. Ms. Johnson. Good evening, Council. My name is Lily Miller-Johnson. I'm at 1050 Russell Cave Road, Lexington, Kentucky. And I wanted to thank you on behalf of the Soil and Water Conservation District for hearing my request. and also hoping that you will up that to at least 400.44. I see that you upped it to 0.433, and we really appreciate that. But I know that we really won't see anything until it goes to 4.5, but I understand that if it goes to 4.5, then there are other things that have to be considered. So I will be at the special meeting on the 30th, the open meet. And we are holding a special meeting. I did not hear about the fact that they had asked us to come in for your meeting on Tuesday, so I didn't hear about it until I went to my meeting on Tuesday. And I am sorry about that because I would have been here to discuss that and make sure that we looked at the options that are there and how far we can go without getting into the shaky stuff. The public recall. Yeah, the public recall. So, again, I want to thank you. And we are going to do a public meeting. We're going to do that on the 23rd, I do believe. at 4 o'clock. So with that over with, I have another issue that I would like to bring up, not contained into the Conservation District. I would ask that the mayor please get in touch with me. I have went to the Attorney General. I have filed an ethics case against the judge and the situation, And I want you to know that I do take this seriously, the things that have been done against me and my children. And I have handled this in a very fair manner. I'm just concerned that you, the council, in each district are not concerned about a family that is honest and ethical, who's worked hard and paid their bills and their taxes. and you haven't stood up for that issue. And the mayor has promised that they would work this out, so I want a response on that issue too. There are some folks here from the mayor's office that maybe after the meeting you could talk with one of them. They're all centered in the back corner, but Hillary? Okay, Hillary's sitting right back there. Thank you very much. Thank you, Ms. Johnson. Is there any other public comment? Okay, we do have a police disciplinary action, and Commander Thomas Kurtzinger is here. Welcome. Good evening. I present an allegation, an agreement of conformity allegation against Officer Daniel Letty between October 24, 2011 and April 26, 2012, excused of unsatisfactory performance, violation of General Order 73-2 in Operational Rules 1.11. He has signed a letter of conformity and agreed to 80-hour suspension. Okay. Any questions? Do I hear a motion? So moved. Council Member Stenet moved. Council Member Farmer seconded to accept the action. Are there any questions? Council Member Martin. Could you run through the, did I hear that he's going to have a year suspension? No, 80-hour suspension. I'm losing my hearing in my old age. Sorry about that. Thank you. Thank you, Mayor. Any other questions on the motion? All those in favor say aye. Aye. Anyone opposed? Thank you, Commander Kurtzinger. and seeing no other items before us, we have a motion to adjourn and a second by Council Member Myers. All those in favor say aye. Anybody opposed? We are adjourned. Thank you so much. Thank you.
