# Urban County Council Meeting - September 13, 2012 > Auto-transcribed civic record · September 13, 2012 - **Permalink**: https://meetings.lexingtonky.news/meeting/2691 - **Source video**: https://lfucg.granicus.com/player/clip/2691?view_id=14&redirect=true - **Date**: 2012-09-13 - **Last revised**: September 13, 2012 - **Length**: 9,903 words > ⚠️ **Auto-generated content.** Audio from the official Granicus video was auto-transcribed with OpenAI's open-source Whisper large-v3-turbo model, run locally by The Lexington Times. Structured facts were extracted with GPT-4o; the narrative summary was written by Anthropic Claude. Verbatim wording may contain errors. See [methodology](https://meetings.lexingtonky.news/about/methodology) or [report a correction](mailto:editor@lexingtonky.news). --- ## Meeting Overview The Urban County Council met on September 13, 2012, at 6:00 PM in the Council Chambers in Lexington, Kentucky, with Mayor Gray presiding. During this meeting, the Council took two votes and heard two public comments. The Council approved a proclamation honoring the Southeast Lexington 15s Babe Ruth World Series Champions and passed an ordinance changing the zoning designation from B-4 to MU-3. Both agenda items were approved by the Council. ## Attendance **Present:** McChord, Stinnett, Beard, Blues, Crosbie, Ellinger, Ford, Henson, Kay, Lane, Lawless, and Martin **Absent:** Myers, Farmer, and Gorton **Late:** None ## Votes and Decisions **Ordinance 0916-12** [timestamp: 0:34:58] An Ordinance amending Chapter 9A of the Code of Ordinances to prohibit the sale and use of certain fireworks was voted on by roll call. The motion was made by Henson and seconded by Blues. The ordinance passed with 12 ayes and 0 nays. The following members voted in favor: - McChord - Stinnett - Beard - Blues - Crosbie - Ellinger - Ford - Henson - Kay - Lane - Lawless - Martin **Resolution 0801-12** [timestamp: 0:41:18] A Resolution authorizing the Mayor to execute and submit a Grant Application to the Ky. State Police for the Motor Carrier Safety Assistance Program was voted on by roll call. The motion was made by Blues and seconded by Ellinger. The resolution passed with 12 ayes and 0 nays. The following members voted in favor: - McChord - Stinnett - Beard - Blues - Crosbie - Ellinger - Ford - Henson - Kay - Lane - Lawless - Martin ## Budget and Financial Actions The meeting approved the following financial actions: **Three Dimensional Laser Scanning System for Police Division** Resolution 0882-12 authorized a contract with Precision Survey Supply for $122,728 to provide a three-dimensional laser scanning system for the Division of Police. **Animal Control Services** Resolution 0829-12 authorized a contract with Lexington-Fayette Animal Care and Control, LLC for $1,095,980 to provide animal control services. ## Public Comment Two members of the public provided comments during the meeting. **Employment and Economic Strategy** Brian Schlefke addressed the need for a clear strategy to tackle employment shortfalls in Lexington. He emphasized the importance of attracting larger enterprises to the city. [timestamp: 1:11:02] **Transportation and Infrastructure** Bernard McCarthy raised concerns about reallocating lanes from cars to bikes. He stressed the need for infrastructure that can accommodate both modes of transportation depending on weather conditions. [timestamp: 1:16:32] ## Appointments The following appointments were made during this meeting: * **Michael K. Ash** was appointed to the Convention and Visitors Bureau Board of Directors. * **Deborah A. Majeed** was reappointed to the Dunbar Neighborhood Center Board. ## Contested Items **Ordinance on Fireworks Prohibition** The meeting included discussion of an ordinance to prohibit the sale and use of certain fireworks. This item generated community opposition during the proceedings. Proponents of the ordinance provided assurances that professional fireworks displays would remain permitted under the proposed restrictions, addressing concerns that the measure would eliminate all fireworks-related activities in the community. The specific outcome of the vote or final decision on this ordinance is not detailed in the available meeting records. ## Proclamation: Southeast Lexington 15s Babe Ruth World Series Champions [timestamp: 00:03:12] The Mayor and Mr. Beard recognized the Southeast Lexington 15 Year Old Babe Ruth World Series Champions team during this agenda item. The meeting resulted in a proclamation declaring September 13, 2012, as Southeastern 15s Babe Ruth Day in Lexington. Key speakers included Mayor Gray, Mr. Beard, and David Slone. The proclamation was approved by the body. ## Ordinance changing the zone from B-4 to MU-3 An ordinance to change the zoning designation from Wholesale and Warehouse Business (B-4) to Mixed-Use Community (MU-3) for property located at 1200 Red Mile Rd. was presented for consideration [timestamp: 0:31:13]. **Key Speakers** Ms. Henson and Mr. Blues provided remarks during the discussion of this agenda item. **Outcome** The ordinance was approved. --- ## Decisions - **Ordinance 0916-12** — passed (12-0): An Ordinance amending Chapter 9A of the Code of Ordinances to prohibit the sale and use of certain fireworks. - **Resolution 0801-12** — passed (12-0): A Resolution authorizing the Mayor to execute and submit a Grant Application to the Ky. State Police for the Motor Carrier Safety Assistance Program. --- ## Full transcript Hello, welcome to the meeting of the September 3rd, 2012 meeting of the Lexington-Fayette Urban County Council. We have lots of guests tonight, lots of business on our agenda, and first things first, our clerk calls the roll. So, Madam Clerk, will you please call the roll? Mr. McCord? Here. Mr. Myers? Mr. Stennett? Yes, ma'am. Mr. Beard? Present. Mr. Blues? Here. Ms. Crosby? Yes, ma'am. Mr. Ellinger? Here. Mr. Farmer? Here. Mr. Ford? Here. Ms. Gorton? Here. Ms. Henson? Here. Mr. Kay? Here. Mr. Lane? Here. Ms. Lawless? Here. Mr. Martin? Here. Thank you. Thank you, Susan. Tonight for our invocation, we are really honored to have the Reverend Susan White. Excuse me, Susan, where is Susan? I was looking around. Right here you are. Susan Warren with Beaumont Christian, yes, ma'am. Beaumont Presbyterian Church, yes, ma'am. I'm just, I'm completely. Well, what I was going to say is, And Susan is a wife. For those of you who know Jim Warren with the Herald Leader, Susan is Jim's wife and a former reporter herself. Very good. Thank you. Will you pray with me, please? Great light and power of the universe around us, gentle presence and spirit within us, hear our prayer. Bless these leaders as they undertake the challenging work of service to our community. Give them energy for the tasks at hand. Give them imagination and creativity in their approach to problem-solving. May their efforts be blessed with insight, understanding, and wisdom. Guide them as they seek to represent all of us, often with diverse and divergent interests. Bless them with a sense of fairness and the courage to govern for the common good. May their hearts and minds be open to differing perspectives with a willingness to listen to each other. Replace reluctance with a sense of shared purpose. Banish roadblocks of ego and fear. generate trust, honor, and respect in this place today. Amen. Susan, thank you so much. Thanks. All right. Next on our agenda tonight is a presentation. It's a special presentation recognizing the Southeast Lexington Babe Ruth World Series champions and I'm going to ask Council Member Julian Beard to join me up here at the podium. All right. Well, we have some real special guests with us tonight. In case you haven't noticed a little orange on the other side of the room. The Southeast Lexington Babe Ruth 15-year-olds who just a couple of weeks ago traveled to Arkansas and came home as World Series champions. We know that's a big deal, and we are all proud of you all. Now, Council Member Beard and I are going to invite team manager, well, Todd's not here, David Sloan, to join us up here as I present the proclamation and in recognition of the players and coaches and parents of our 2012 Babe Ruth World Series champions, I and the council, all of us together, we hereby proclaim today, September 13, 2012, as Southeastern 15th Babe Ruth Day in Lexington. Here we go, guys. You know, we just had such a special group of kids. You know, we've been playing with a lot of these kids for a lot of years up at Southeastern. And it's been really fun to just watch them mature. And I think if there's one thing that I could really say about this group of kids, they're just an incredibly mature group of young men. And, you know, really, when you get into those deep games where you're just kind of gutting it out to try to get a win, the maturity really comes out. And these guys were tough. They just really stayed focused, even in times when we were down. Just unbelievable. Great group of parents. It just couldn't have been better. So I just want to introduce each guy. Come up. And you want them up here? Yes, sir. All right. We've got Josh Miller. We've got Parker Urie. We've got Mr. Jack Tipton. We've got tournament MVP, Tanner Hart. Not to be confused with Tanner McCoy. Mr. Connor O'Neill. Max Sweet Colin Coolball Justice Sloan Gaywood Robbins Let's just go by Gaywood Trace heard of it Matt Vassell Aaron McGeorge Tanner Dunbar You know, I thought if I could just have 30 seconds, this is really not about me, it's really about these players. So I was going to see if Justice could just take 30 seconds and come up and say just a little bit about what this experience has been for them as players. First of all, I'd like to thank you all for having us. It's really an honor, and I appreciate it. This summer was really incredible. I mean, from the beginning, we didn't really have a lot of players on the team. It was just five that originally signed up, and we kind of all banded together and worked really, really hard for about two months before this tournament. It was such an incredible experience to get to go down there and support not only our city but our state and really our region. but it was just an incredible experience and our community really came together in such a way that it was incredible like wow we got back and there was 200 people waiting for us as we got off the bus but a big thank you to our coaches and all these guys and like I said our community was incredible applause and now thousands watching on TV, Justin. Great job. Kirk Levington, where you guys play, that is Council Member Beard's territory, his district. Council Member Julian Beard. Thank you, Mayor. Actually, at once upon a time, I thought I was tall. You all are men. You're right. You were right. They are men. and to be congratulated. I'm sorry that Bill Farmer isn't here. Bill Farmer has always crowed about his Acton Park ballplayers and just quite recently did so and I wanted to be able to throw something back at him but he didn't make it tonight. Anyway, we're very proud of this is a great achievement and I'm sure you all feel you just stick your chest out a little bit and feel like you're going to go forward with your baseball career. Thank you. Thank you. Okay, now we're going to get some pictures taken here real quick. Ed, are you going to direct us? Yes, sir. Take the council members up behind us. This will be super duper. Thank you. Thank you. Two more questions. One. Now we'll grab one more. All right, nice, cheesy, great job. Thank you. Thank you very much. Oh, fortunately, Council Member Crosby corrected me. Veterans Park, right? Right. Sorry. Yay. Yes, ma'am. Somebody told me veterans. Oh, yeah. All right. Is Council Member Beard back with us? Yes, he sure is. All right. Tonight we have a special resolution that we need to walk on to dock it this evening, and Council Member Beard is prepared to walk it on. I'd like to do that before the second reading of ordinances, if we can, tonight. So, Madam Clerk, if you'll give this resolution, the first reading in just a few minutes, But before we get to all that, I would like to introduce two guests with us tonight who are here to make a brief presentation and to consider any council questions. I'm sure that council members saw today's front page story in the Herald-Leader about 250 jobs coming to Lexington with Bingham McCutcheon's decision to move its global operations center here to Lexington. All of us know that that's a very big deal. This announcement represents the single largest impact of any jobs recruitment announcement that we've had since the recession itself began in 2008. And we know that that represents high octane for our economy. In explaining and sharing with us why they chose Lexington, Bingham said that they love the same things about our city that we all love. bright, smart, friendly people who care about their city, the education and cultural and arts opportunities that are represented here, and quality of life. In other words, of course, while we all want to give ourselves a lot of high fives for any kind of recruitment like this, we all know that at the end of the day, Lexington sells itself. We have members of the Bingham team here with us tonight and representatives of Deloitte Consulting, the site selection firm. Tracy Whitley. Tracy is Chief Operating Officer of Bingham and leads Bingham's senior administrative team. She directs the firm's 14 major offices in the United States and in Europe and in Asia. Tracey herself is a graduate of Harvard Radcliffe with a Masters in Liberal Arts from Harvard and a law degree from Northeastern and a Masters in Business from Boston University. We have the special resolution to be walked onto the docket this evening, but before that I also want to recognize Mark Klender. Mark is, I mentioned already, Mark is a principal with Deloitte Consulting from San Francisco and Mark has served as Bingham's site selection consultant and at this point some have said that Mark knows more about us than we know about ourselves. From Commerce Lexington, here tonight, of course, is Jenna Greathouse and Kimberly Rossetti and Bob Quick. They have been working so hard on this project for months now, along with Kevin Atkins from our office here in the city. So first, I'd like to now introduce Tracy Whitley. Tracy, thank you so much for being with us tonight. Well, thank you, Mayor Gray, and to the council here in Lexington. I couldn't be more excited to be here on behalf of Bingham McCutcheon. It's an honor and a privilege to be here before you to speak a minute or two about the project. You've read all about it in the press now, and I would have liked to have been here yesterday with the state cabinet considering the incentives proposals, but we were making our internal announcements, which took a bit of time yesterday, but was happy to be able to coordinate to be here with all of you. This has been the culmination of many months of research and planning for us about how best to and where best to relocate and transform our administrative operations for all of our U.S. and global offices. And we wouldn't have been here if it weren't for Lexington being such a wonderful community. As Mayor Gray said, it's a smart and sophisticated community. The university here was welcoming to us, certainly the mayor's office, Mayor Gray, Kevin Atkins, Commerce Lex with Jenna, with Kimberly, with Bob. We were welcomed as well from the state of the folks at the cabinet. and University of Kentucky rolled out the red carpet for us and we really enjoyed getting a chance to spend time with the deans there and understand how we could partner with them on educational opportunities for the staff that we ultimately relocate here or hire directly here and also, frankly, so that we could work with them on longer-term recruitment plans out of both the colleges and the graduate schools there. We view this as an extremely exciting opportunity to be rethinking how to transform our professional office support services. And Mayor Gray mentioned briefly, we are a global law firm. We started out in Boston in 1891, but we really accelerated in the early 1990s, mid-1990s. We have combined 11 firms in the U.S. in the last 15 years. We have had a London office for 40 years now, but just grew outside of the U.S. primarily in the last five years, adding Hong Kong, Tokyo, Beijing, and Frankfurt. So we have a lot of friends in common. The international dimension of the life and business you all have here was very impressive to us. Certainly Toyota and the Japanese connection was meaningful to us. We have a law office there of about 80 lawyers, 70 of whom are Bengoshi Japanese practicing lawyers. And the connection to Germany and also strong ties elsewhere into Asia and into China are things that, as U.S. businesses, we're all exploring and certainly understand the partnership as well that's always required between government and business and policy. So I would add one other thing we are proud of and look forward to introducing you to many of our Bingham Consulting members who are former government officials, including former California Governor Pete Wilson, former Securities and Exchange Commissioner Chris Cox, and a number of folks with whom really understand the powerful interplay of business and government and policy. So a little more about the firm, and I promise to be brief. We have market-leading practices. We are very diversified. We have practices in litigation and transactional work and financial services, regulatory, environmental. We are also particularly proud of, and I think the real synergy with your community, is the fact that we have been recognized by Fortune 100 Magazine as a best place to work for eight years running. We've been recognized in nearly all of the local markets in which we operate, and Kentucky and Lexington will certainly be a priority for becoming a best place to work here once we set up shop. We value diversity and inclusion in our hiring and in our advancement of our people. We care about that a great deal, and we also care about partnering with the communities in which we operate. We give back through pro bono legal services, through community service, and through charitable giving. So this is going to be a priority for us to establish ourselves here. Our primary areas of focus for purposes of charitable activities across our firm, and it gives us a lot of opportunity for diversity of partnerships with local organizations, is in the area of children and education. But it's certainly not all that we do. We support all kinds of wonderful causes. I'll give you another example. We are just this fall, as part of the presidential election campaign, supporting a program called Election Protection. We're literally sending out about 40 to 50 of our lawyers to polling places to make sure that people are able to get to vote. It's not partisan at all, but it's ensuring that everyone who is registered can get in and make sure they get to vote, manning phone lines and so forth. So a lot of interesting programs, and we are very excited about learning what the opportunities here might be in that regard. I would also just mention very significantly that our decision to come to Lexington, or frankly it would have been to any place that we were going to go to, is going to require significant investment on the part of our firm. We are a partnership, and the partners have to pay their taxes on an annual basis. There's no corporate reserves, so everything is done on an annual cycle. However, our chairman, whom you will all meet in due course, and who loves Lexington as well and regrets he could not be here today, is a big believer in long-term investment. and believes it's a responsibility of private organizations to think long-term as much as we can, particularly since public companies are often so constrained by their quarterly cycles. We intend to invest at a significant level in the workforce here. We also are very excited, Councilman Blues, to have selected an office space, I believe, in your district, sir, over at Coldstream Research Campus. It's a terrific building for us. We have a wonderful landlord there, and we're looking forward to the partnership there as well. I would just really conclude by saying that the incentives package that have been proposed is critical to us getting up and running quickly, and that's our goal. We intend to open our doors next spring and start migrating waves of either our relocated folks, and we've got a lot of our staff, despite the shock of what is actually a significant change for us, but are already looking at Lexington and thinking about relocating. And certainly we were incredibly excited about the quality of the workforce that you have here, the educational attainment levels. We want to be able to hire quality people into quality jobs, and we see that as a tremendous opportunity here. Finally, I would just say that our impressions of Lexington were absolutely a sophisticated, eclectic community, a community rich in history. And as I mentioned on the international front, I think that your reach spans far beyond the Kentucky border. So we are excited not only about the tangible business support and the ways in which this community really met the business criteria that we needed to make a decision to come here, but also the intangibles, the fit, the quality of life, the values-based community here was a terrific match for our organization. So thank you very much for the opportunity to speak. Really excited about our time to come here. And I look forward personally to spending a lot of time here as well. That was an added bonus. But I can't thank all of you enough for the time. Thank you, Tracy. I'll call now on Council Member Beard for a motion. Council Member Beard. Thank you, Mayor. I move to place on tonight's docket a resolution approving the granting of an inducement to Bingham McCutcheon LLP pursuant to the Kentucky Business Investment Act. Second. It's a motion by Council Member Beard, seconded by Council Member Ellinger. Is there any discussion or comments on the motion? All right. Then hearing none, we can take a vote. All in favor, please say aye. Aye. All opposed, no. Motion carries. Madam Clerk, will you give the motion a first reading, please? Resolution number 39 for first reading. A resolution approving the granting of an inducement to Bingham McCutcheon LLP pursuant to the Kentucky Business Investment Act, KRS Chapter 154.32, whereby the Lexington-Fed Urban County Government agrees to forego the collection of the local building and permitting fees related to the renovation of the property located at 1500 Aris Studies Boulevard, Lexington, Kentucky, Coldstream Research Park, and the collection of 1% of the occupational license fees for a term of not longer than the than 10 years from the activation date, subject to the limitations contained in the Act and any agreement Bingham-McCutcheon LLP has with the Kentucky Economic Development Finance Authority related to the project and taking other related action. Thank you, Madam Clerk. Tracy, Mark, and the delegation, we appreciate you all joining us. Of course, we would love to have you stay with us for the rest of our meeting. But we can understand if you might not be able to do that, and we will excuse you all. Thanks very much. Thank you. Thank you. Thank you. Thank you. Thank you. Good job, Brian. Good job. All right. This way. Just a little bit. Just a little bit. There you go. Don't block anybody out. There we go. Everybody look this way. Give us a good smile. Here we go. and let's take a couple more and let's take a couple more and one more and one more and one more Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Mr. Horn, thank you, sir. Before we get started with second readings of ordinances, we need to schedule a date for a police disciplinary hearing, and Keith Horn is here to explain a little further about this issue and suggest a date. This particular officer also has criminal charges pending, and the criminal charges have been scheduled for trial in December. Now, I have communicated with the attorney for this officer who has indicated that they will probably sign a waiver, but I've been unable to talk with them this week. I've tried. I haven't received any return communication. But our time is ticking to set this, so we need to go ahead and schedule the hearing, knowing that it's possible that it won't actually occur, but we have to assume that it will. My recommendation to you is the last one of these you scheduled, you scheduled for a Monday afternoon. I'm recommending October the 1st, which is a Monday afternoon. That's butting up against the deadline, which would be October the 2nd, to actually schedule this hearing. so that is what I am proposing to you, that you schedule a meeting of the council for the purposes of having a police disciplinary hearing on October 1st. The last one I think you scheduled at 3 p.m., but obviously that time is up to you. Council Member Stenet. I'll make a motion to schedule it October 1st, 3 p.m., to hold a police disciplinary hearing, so moved. Second. Motion by Council Member Stenet, seconded by Council Member McCord. Is there any discussion on the motion? Council Member Blues. Mayor, just for the record, I will not be able to attend on that day since I'll be out of town. All right. I see any further discussion on the motion. Then we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Thank you. Thank you, Mr. Horn. Thanks, Keith. All right, next on our agenda is a second reading of ordinances. Madam Clerk, when you are ready, please proceed. Ordinance number one, an ordinance change in the zone from a wholesale and warehouse business before zone to a mixed-use community MU-3 zone for 2.12 net, 3.39 gross acres for property located at 1,200 Red Mile Road, a portion of, and 439, 441, 445, 451, 455, 459, 461, 463, and 471 in Elms Avenue, Lexington Trots Breeders Association, LLC. Number two, an ordinance amending section 22-52 of the Code of Ordinances, creating one position of Administrative Specialist Principal Grade 114E and three positions of Administrative Specialist Grade 110N with terms to expire on September 23rd to 2014 in the Division of Water Quality, effective upon passage of council. Number three, an ordinance authorizing the mayor on behalf of the Irvin County Government to accept a donation of $3,000 from the Granger Foundation for Supplies for the Community Emergency Response Team. Number four, In ordinance of the Lexington-Fayette-Urban County Government authorizing issuance of various purpose general obligation notes, series 2012C, in the aggregate principal amount of $3,600,000, which amount may be increased or decreased by an amount of up to 10% for the purpose of financing various projects of the Lexington-Fayette-Urban County Government, approving the form of the series 2012C notes, authorizing designated officers to execute and deliver the series 2012C notes, authorizing and directing the filing of notice with the state local debt officer, providing for the payment and security of the series 2012 C notes, creating note payment fund, maintaining the heretofore established sinking fund, authorizing a certificate award for the acceptance of the bid of the note purchaser for the purchase of the series 2012 C notes, and repealing inconsistent ordinances. Number five. An ordinance amending Chapter 9A of the Code of Ordinances of the Lexington-Fayette-Irvin County Government to prohibit the sale and use of certain fireworks and consumer fireworks in Fayette County and further amending Sections 9A-2, 9A-5, and 9A-6 of the Code of Ordinances to delete references to permanent fireworks retailers, amending Section 9A-3 of the Code of Ordinances to define the terms, use, and sale to allow the use and sale of consumer fireworks as defined in the KRS 227.702, subsection 1, and to require compliance with federal, state, and local law, deleting section 9A-4 of the Code of Ordinances in its entirety and renumbering sections 9A-5 through 9A-9 of the Code, amending section 9A-5 of the Code of Ordinances to delete certain permits and to change the seasonal retail fireworks fee to $100 per location, amending Section 9A-6 of the Code of Ordinances to specify June 10th through July 7th as the time period for seasonal sales and amending Section 9A-8 of the Code of Ordinances to increase the fine for companies up to $2,000 to provide for up to six months in prison and to establish minimum fees for use of fireworks in the amounts of $250 for a first offense, $500 for a second offense, and $1,000 for a third or greater offense, all effective on date of passage. Madam Clerk, Council Member Wallace. Council Member Wallace. I would just like to speak to this briefly. I've gotten a lot of emails with overwhelming support. However, this will not prevent professional fireworks. There are a couple of neighborhood associations that I think have a fireworks display. they will still be able to get the permits to do those, so it won't affect those professional fireworks or the downtown display 4th of July, et cetera. Thank you. All right. Thank you, Councilman Lawless. Madam Clerk. Number six, an ordinance amending certain of the budgets of the Lexington-Fate-Irban County Government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds, Schedule No. 12. Thank you. Thank you. Is there a motion? Second. Motion by Council Member Hanson, second by Council Member Blues. Is there any discussion on the motion? Any discussion on the motion? All right. Hearing none, then I'll ask the clerk to please call the roll. Mr. McCord? Yes. Mr. Stinnett? Mr. Beard? Present. Mr. Blues? Yes. Yes. Okay. Ms. Crosby? Mr. Ellinger? Yes. Mr. Ford? Yes. Ms. Henson? Yes. Mr. Kay? Yes. Mr. Lane? Yes. Ms. Lawless? Yes. And Mr. Martin? Yes. Thank you. The vote reflects passage of the motion, and when our clerk is ready to proceed with the first reading of ordinances, please do. Okie dokie. Number 7, an ordinance submitting section 22-52 of the Code of Ordinances, creating one position of program supervisor part-time grade 106N with a term to expire on September 1, 2014 in the Department of Social Services, effective upon passage of council. And number 8, an ordinance of meeting certain of the budgets of the Lexington and Fayette Irvine County Government to reflect current requirements for municipal expenditures in appropriating and reappropriating funds, Schedule number 13. And that's it. Thank you, ma'am. Are there any walk-ons or suspensions of the rules for second reads? All right. I thought there, yeah. Mr. Horn. Keith. It's my understanding, Mayor, that number seven is creating a position that a conditional offer of employment is going to be walked on tonight under resolutions, and it will need two readings to create the position in order to make that conditional offer of employment. That's number seven. That's number seven. Now that's an assumption on my part that someone is walking on the conditional offer of employment. All right. Let's, who knows about this? Beth says that that will not be walked on. All right. That will not be walked on. Okay. So then we're ready to go. First reading resolution. Yes, ma'am. Please proceed with the second reading of resolutions. Yes, sir. Resolution number one, a resolution accepting the bid of Black Hawk Enterprise, Inc., establishing a price contract for video equipment for the Division of Traffic Engineering. Number two, a resolution accepting the bid of Precision Survey Supply in the amount of $122,728 for a three-dimensional laser scanning system for the Division of Police. Number three, a resolution accepting the bid of Martin's Sanitation Service, Incorporated, establishing a price contract for pump and hauling services for the Division of Water Quality. Number four, a resolution ratifying the probationary civil service appointments of James York, Telecommunicator, Grade 111N, 15.451 hourly in the Division of Emergency Management, 9-1-1, effective August 27, 2012. Steve Zahn, Equipment Operator Senior, Grade 109 N, 18.300 hourly in the Division of Water Quality, effective September 9, 2012. Charles Sayre, Traffic Signal Technician Senior, Grade 112 N, 23.727 hourly in the Division of Traffic Engineering, effective September 10, 2012. Michael Cook, Skilled Trades Worker, Grade 111 N, 21.437 hourly in the Division of Parks and Recreation, effective September 10, 2012. Joseph Davis, Public Service Supervisor, Grade 111N, 19.310 hourly. In the Division of Parks and Recreation, effective September 10, 2012. Sharon Buford, Administrative Specialist Principal, Grade 114E, 1008-53-44. Bi-weekly in the Division of Police, effective September 10, 2012. And Gregory Lubeck, Engineering Section Manager, Grade 120E, 2007-74-96. by weekly in the Division of Water Quality, effective September 17, 2012. Number five, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute and submit a grant application to the Kentucky State Police Commercial Vehicle Enforcement Division 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 $75,000 federal funds and are for continued operation of the Motor Carrier Safety Assistance Program, the acceptance of which obligates the Irvin County Government for the expenditure of $18,750 as a local match and authorizing the Mayor to transfer unencumbered funds within the grant budget. Number six, a resolution authorizing and directing the Mayor on behalf of the Irvin County Government to execute a purchase of service agreement and a lease agreement with Lexington Fayette Animal Care and Control LLC for an animal control services at a cost not to exceed $1,095,980. Number seven, a resolution authorizing the mayor on behalf of the Irvin County Government to execute an agreement with Insight Business for cable internet service at 2269 Frankfurt Court at a cost not to exceed $3,540. Number eight, a resolution authorizing the Division of Water Quality on behalf of the Lexington-Fedron County Government be and hereby is authorized to purchase two 12-inch full-flare wear-end Wimco hydro-gridders for headworks located at the Town Branch Water Treatment Plant for Weir Specialty Pumps Care of Sullivan Environmental Technologies, a sole source provider at a cost not to exceed $81,000, and authorizing the mayor to sign any necessary agreement related to the services. Number nine, a resolution authorizing the mayor on behalf of the urban county government to execute a renewal of the engineering services agreement with Hazen and Sawyer PSC to provide for sanitary sewer capacity management operations and maintenance program deliverables for consent decree implementation at a cost not to exceed $500,000. Number 10, a resolution authorizing the Division of Water Quality to accept a payment adjustment owed to employees of Tobacco Rose Farm for the SSA Group, one, sewer shed field activities, manhole raising due to prevailing wage requirements, and the amount of $5,419.70. Number 11, a resolution authorizing the mayor on behalf of the Urban County Government to execute an agreement with Kentucky Humanities Council, incorporated $900 and the ALS Association Kentucky Chapter Incorporated $475 for the office of the Urban County Council at a cost not to exceed the sums stated. Number 12, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an agreement with the Kentucky Energy and Environment Cabinet for operation of the 2012 Waste Tire Amnesty Program in Lexington Bayek County at no cost to the urban county government. Number 13, a resolution authorizing and directing the mayor on behalf of the urban county government to execute and submit a grant application to the Kentucky Energy and Environment Cabinet to provide any additional information requested in connection with this grant application and to accept this grant if the application is approved, which grant funds are in the amount of $146,023.33 Commonwealth of Kentucky funds are for the continuation of the litter abatement program, 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 14, a resolution authorizing the mayor on behalf of the urban county government to execute a lease agreement with Kentucky River Foothills Development Council for a lease of space at 1055 Industry Road. Number 15, a resolution authorizing and directing the mayor on behalf of the urban county government to execute a programmatic agreement with the Kentucky State Historic Preservation Officer and the Advisory Council on Historic Preservation for Historic Preservation Compliance and the Administration of HUD-funded grants in the Division of Grants and Special Programs at no cost to the urban county government. And number 16, a resolution authorizing the mayor on behalf of the urban county government to execute an agreement with Central Kentucky Housing and Homeless Initiative, $1,100, Tree Fund $425 Historic Woodward Heights Neighborhood Association $500 and Pearltown Neighborhood Association Incorporated $500 for the Office of the Urban County Council at a cost not to exceed the sums stated. Thank you. Thank you, Madam Clerk. Kind of lost without our monitor up there. Oh, yeah, this one's working, but that one's not. Did you all know that? Is there a motion to approve second reading? Second. Thank you, Council Member Blues. Motion by Council Member Blues, second by Council Member Ellinger. Is there any discussion on the motion? Any discussion on the motion? All right. Hearing none, then we can ask the clerk for a roll call. Madam Clerk, please call the roll. Yes, sir. Mr. McCord? Yes. Mr. Myers? I'm sorry. Mr. Stennett? Yes, ma'am. Mr. Beard? Aye. Mr. Blues? Yes. Ms. Crosby? No on nine. Yes on everything else. I will reflect that in the note. On nine. Thank you. Mr. Ellinger? Yes. Mr. Ford? Yes. Ms. Henson? Yes. Mr. Kay? Yes. Mr. Lane? No on nine. Yes on the rest. I will reflect that in the vote. Ms. Lawless? Yes. And Mr. Martin? Yes. Okay, thank you. Okay. The vote reflects passage of the motion. Madam Clerk, when you're ready, we can move to first reading of resolutions. Resolution number 17. A resolution accepting the bids of Woodall Construction Company, Inc., ZKB Services, LLC, Tom Chestnut Excavation and Construction, LLC, Todd Johnson Contracting, Inc., Sense of All Design and Construction, Randall Davies Construction Company, LMS Partners Limited, doing business as ATS Construction, G&G Paving and Construction, Inc., and Bluegrass Contracting Corporation, Establishing Construction Unit, Price Contracts for the Division of Engineering. Number 18, a resolution accepting the bid of emergency equipment, establishing a price contract for high pressure lifting for the Division of Fire and Emergency Services. Number 19, a resolution accepting the bid of Superior Demolition Incorporated in the amount of $24,650 for the demolition of a fire training tower for the Division of Fire and Emergency Services and authorizing the mayor on behalf of the Irvin County Government to execute any necessary agreement with Superior Demolition Incorporated related to the bid. Number 20, a resolution authorizing the Division of Human Resources to make a conditional offer to the following unclassified civil service appointment. Michael Durbin, Deputy Coroner, Grade 112N, 16.226 hourly in the Office of the Coroner, effective upon passage of counsel. 21. Resolution ratifying the probationary civil service appointments of Victor Abogna, Computer Analyst, Supervisor, Grade 117E, 2003-76 biweekly in the Division of Computer Services, effective October 1, 2012. Kina Suarez, Administrative Specialist Senior, Grade 112N, 17.628 hourly in the Division of Computer Services, in the Division of Human Resources, effective September 3, 2012, and Kim Nesbitt, a Human Resources Generalist, Grade 118E, 2007-60-64, biweekly in the Division of Human Resources, effective August 27, 2012, ratifying the permanent civil service appointments of Monica Patterson, Staff Assistant Senior, Grade 108N, in the Division of Police, effective August 27, 2012, ratifying the probationary sworn appointments of Charles Bonta, Fire Major, Grade 318E, 3,521-79. Bi-weekly in the Division of Fire and Emergency Services, effective August 11, 2012. And Ernest Hudson, Fire Captain, Grade 316E, excuse me, 316N, 23.039. Hourly in the Division of Fire and Emergency Services, effective August 11, 2012. Ratifying the permanent sworn appointments of Darren Larrabee, Police Sergeant, Grade 315N in the Division of Police, effective August 20, 2012. And Jeremy Tuttle, Police Sergeant, Grade 315N in the Division of Police, effective August 20, 2012. Number 22, a resolution authorizing the mayor on behalf of the Urban County Government to execute change order number one to the contract with Judy Construction Company for West Hickman Wastewater Treatment Plan Improvement Clarifier number eight, increasing the contract price by the sum of $9,431 from $231,500 to $240,931. Twenty-three, a resolution authorizing the mayor on behalf of the Urban County Government to execute change order number one of the contract with Lagco Incorporated for Anniston-Wickland Capital Storm Sewer Project Phase 2, increasing the contract price by the sum of $4,751.50 from $653,826.50 to $658,578. Twenty-four, a resolution authorizing the mayor on behalf of the urban county government to execute a mutual aid agreement with rural metro ambulance for mutual aid related to ambulance services at no cost to the urban county government. Twenty-five, a resolution amending Resolution No. 91-2012 authorizing the mayor to execute certificates of consideration and any other necessary documents and to accept deeds for property interest needed for the Meadows, Northland, Arlington, Section 5A Public Improvements project to increase the maximum amount of funds permitted for property interest from $175,000 to $180,000. Twenty-six, 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 extension of the Share the Road Media Campaign Project through June 30, 2013 at no cost to the urban county government. Number twenty-seven, 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 extension of the Gaines Way Trail Project through June 30, 2013 at no cost to the urban county government. 28. 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 extension of the fiber optic cable 2009 project through June 30, 2013 at no cost to the urban county government. 29. A resolution authorizing the mayor on behalf of the urban county Government to execute a contract amendment with Kentucky Theater Management Group, Inc. for operation and management of Kentucky and state theaters through October 31, 2013. Number 13, a resolution authorizing the Mayor on behalf of the Urban County Government to execute an agreement with the Institute of Police Technology and Management for a burglary investigations course at a cost not to exceed $11,500. 31, a resolution authorizing the Mayor on behalf of the Urban County Government to execute a memorandum of understanding with the Kentucky State Police, Kentucky Internet Crimes Against Children Task Force for continuation of the task force. 32. A resolution authorizing the mayor on behalf of the urban county government to execute a memorandum of understanding with Internal Revenue Service criminal investigation for continuation of the financial crimes task force. 33. A resolution authorizing the mayor on behalf of the urban county government to execute a partial release of easement, releasing a portion of a sanitary sewer easement on property located at 249 Town Square Park. 34. A resolution authorizing and directing the mayor on behalf of the Urban County Government to accept additional federal funding in the amount of $300,000 from the Kentucky Energy and Environment Cabinet for the Wolf Run Creek Watershed-based plan, the acceptance of which obligates the Urban County Government for the expenditure of $200,000 as a local match. 35. A resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an amendment to agreement with the Spinnett Service Company, Inc., to incorporate the energy efficiency and conservation block grant special terms and conditions and the waste management plan into the agreement for improvements to the Charles Young Center at no cost to the urban county government. Thirty-six, a resolution authorizing the mayor on behalf of the urban county government to execute an agreement with Kathy H. Witt, sheriff of Fayette County, for the recollection of the ad valorem urban services district's taxes for the 2012 property tax year at a cost not to exceed $350,000 with payment net from collections. Thirty-seven, a resolution authorizing the mayor on behalf of the Urban County Government to execute agreements with Carnegie Literacy Center, $425, Robert H. Williams Cultural Center, $2,200, and Lafayette Band Association, $975 for the office of the Urban County Council at a cost not to exceed the sums stated. 38, a resolution requesting the legislature amend KRS 512.080 to expressly authorize urban county governments and other local governments to issue civil fines for unlawfully posting advertisements, posters, notices, and other matters to public property, and hereby notifying Governor Steve Beshear, Senate President David L. Williams, House Speaker Greg Stumbo, and Fayette County legislators of this resolution. And 39 was read earlier for first reading. Thank you. Thank you, Madam Clerk. Council Member Blues. Thank you, Mayor. At the request of the administration, I have three walk-ons. And here is the first one. Moon Coyne Cove, Moon Coyne Way, Old Town Walk, Ridgewater Drive, Sandersville Road, and Town Square Park. So moved. Second. Motion by Council Member Blue. Second by Council Member Henson. 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. Thank you, Mayor. Here's number two. I move to place on the docket a resolution specifying the intention of the Urban County Council to expand and extend partial urban services district number three to provide garbage and refuse collection service for certain properties on the following street. Catherine Place. So moved. Second. Motion by Council Member Blues. Second by Council Member Lawless. Is there any discussion on the motion? All right. All in favor, please say aye. Aye. Opposed, no. Motion carries. And one more. I move to place on the docket a resolution specifying the intention of the Urban County Council to expand and extend partial urban services to Street 5 to provide street lighting and garbage and refuse collection services for certain properties on the following street, Claridge Drive. So moved. Second. Motion by Council Member Blue, seconded by Council Member Henson. Is there any discussion on the motion? All right. Hearing no, we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Are there any more motions? All right. Then I'll ask the clerk to please give us a first reading when she's ready. Resolution number 40, a resolution specifying the intention of the Urban County Council to expand and extend the full Urban Services District, number one, to provide street lighting and street cleaning and garbage and refuse collection, finding a need for these services in the area included, finding the ability of the urban county government to provide these services in this area, which area is defined as certain properties on the following streets, M. Net Drive, Mackinwood Drive, Malibu Drive, Manitoba Lane, Miles Point Way, Moon Coin Cove, Moon Coin Way, Old Town Walk, Ridgewater Drive, Sandersville Road, and Town Square Park. Number 41, a resolution specifying the intention of the Urban County Council to expand and extend partial urban services district. Number 3, to provide garbage and refuse collection and finding a need for this service in the area included, finding the ability of the Urban County Government to provide this service in this area. Which area is defined as certain properties on the following street, Catherine Place? and number 42, a resolution specifying the intention of the Urban County Council to expand and extend for partial urban services district. Number 5, to provide street lighting and garbage and refuse collection, finding a need for these services in the area, including finding the ability of the Urban County Government to provide these services in this area, which area is defined as certain properties on the following street, Clare Ridge Drive. Thank you. Thank you, Madam Clerk. Any council members have any suspensions of the rules for second readings? Council Member Lawless. I move to suspend the rules and allow for a second reading of number 37. That's the NDF funds. It's a motion on 37. Second. by Council Member Lawless, seconded by Council Member Ellinger. 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. And number 38, the resolution to send to our Fayette County legislators and the governor. All right. Motion on 38. Is there a second? Second. Second by Council Member Kaye. Is there any discussion on the motion? Hearing none, then we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Any other Council Members? Council Member Blues, you got others. Thank you, Mayor. I'd like to add 40, 41, and 42 so that these services could be put into place expeditiously. Second. Motion by Council Member Blue, seconded by Council Member Lawless. Is there any discussion on the motion on 40, 41, and 42, right? That was it, 40, 41, and 42. Any discussion? All right. Hearing none, we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Keith, do you have one? If the council will. Okay, go ahead. Number 20 is a conditional offer of employment and needs two readings. Second. Motion by Council Member Lane, second by Council Member Blues. 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. Thank you. All right. Is that all? That's it. Madam Clerk, when you're ready, please give us a second reading. Thank you, ma'am. Resolutions for second reading. Number 20, a resolution authorizing the Division of Human Resources to make a conditional offer to following unclassified civil service appointment, Michael Durbin, Deputy Coroner, Grade 112N, 16.226, hourly in the Office of the Coroner, effective upon passage of counsel. number 37. Number 37. A resolution authorizing the mayor on behalf of the urban county government to execute agreements with Carnegie Literacy Center, $425. Robert H. Williams Cultural Center, $2,200. Lafayette Band Association, $975. For the Office of the Urban County Council, it costs not to exceed the sum stated. Number 38, a resolution requesting that the legislature amend KRS 512.080 to expressly authorize urban county governments and other local governments to issue civil fines for unlawfully posting advertisements, posters, notices, or other matters to public property and hereby notifying Governor Steve Beshear, Senate President David L. Williams, House Speaker Greg Stumbo, and Fayette County legislators of this resolution. Number 40. A resolution specifying the intention of the Urban County Council to expand and extend the full Urban Services District No. 1 to provide street lighting, street cleaning, and garbage and refuse collection. Finding a need for these services in the area included. Finding the ability of the urban county government to provide these services in this area, which area is defined as certain properties on the following streets. Aminette Drive, Mackinwood Drive, Malibu Drive, Manitoba Lane, Miles Point Way, Moon Coin Cove, Moon Coin Way, Old Town Walk, Ridgewater Drive, Sandersville Road, and Town Square Park. Number 41, a resolution specifying the intention of the Urban County Council to expand and extend a partial urban services district. Number 3, to provide garbage and refuse collection. Finding a need for this service in the area included. Finding the ability of the Urban County Government to provide this service in this area. Which area is defined as certain properties on the following street? Catherine Place. Number 42, a resolution specifying the intention of the Urban County Council to expand and extend a partial urban services district. Number 5, to provide street lighting and garbage and refuse collection. Finding a need for these services in the area included. Finding the ability of the urban county government to provide these services in this area, which area is defined as certain properties, on the following street, Clare Ridge Drive. Thank you. Motion by Council Member Ellinger. Second by Council Member Blues. Is there any discussion on the motion? All right, then hearing none, we can take a vote. Madam Clerk, when you're ready, please call the roll. Mr. McCord? Yes. Mr. Stennett? Mr. Beard? Brent? Aye. Mr. Blues? No, I can't do that. Ms. Crosby? I'm not 38. I will reflect that in the vote. Mr. Ellinger? Yes. Mr. Ford? Yes. Ms. Henson? Yes. Mr. Kay? Yes. Mr. Lane? Yes. Ms. Lawless? Yes. And Mr. Martin? Yes. Thank you. Thank you, Madam Clerk. The vote reflects passage of the motion. Next on the agenda, communications from the mayor. Is there a motion? Second. Motion by Council Member Lane, second by Council Member Crosby. 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. next on the agenda for information communications from the mayor next on the agenda no action required next on the agenda announcements I'll open the floor to the council and we do have a we do have a police disciplinary hearing actually before council announcements. Commander Weathers is here. Commander Weathers is here for a police disciplinary action. Good evening, Mayor and members of the Council. I'm here to present a conformity agreement in reference to a formal complaint of misconduct made by a citizen against police detective Philip Harrison. Internal Affairs Investigative Complaint, and based upon the investigation Chief Baston recommended Detective Harrison receive a written reprimand as discipline for violation of General Order 73-2H operational rules section 1.02 misconduct. Commissioner Mason has approved the recommendation and Detective Harrison has accepted the recommended discipline and has signed the conformity agreement. Motion by Council Member McCord. Second by Council Member Crosby. Is there any discussion on the motion? Mayor. Council Member Martin. So I understand, officer, that we're not allowed to know what the infraction was. Is that right? Yes, sir, you can. Do we normally know or can you tell us what the infraction was? In times past we were told that we weren't. I think maybe just read it. Commander, I think maybe just what you, maybe if you read what you had again, it might clarify. I'm not sure, Council Member Martin. The complaint was misconduct, and let me read, I'll read what misconduct says. Is that what you want? I think maybe, Commander, I mean, Commander, I mean, Council Member Martin, are you asking the nature of the misconduct? Is that the question? Yeah. We're being asked to approve a discipline for something that we don't really know what happened. I'm always a little uncomfortable with that. Go ahead and take the vote. Thank you, Mayor. I think the question is, can you share with us the nature of the misconduct? Is there a protocol that prevents that? Pardon? The regulation. Maybe the regulation, Commander? Not that I'm aware of. I can. Okay, then maybe I think that's what Council Member Martin is asking. Sure. The complaint from the citizen was that the citizen made the complaint that at a private function, a non-police function, Detective Harrison inappropriately touched her. And according to our regulations, an officer must conduct themselves at all times appropriately on and off duty. All right. So, is there any other discussion? All right. Then we can take a vote on the motion. All in favor, please say aye. Aye. Opposed, no. Motion carries. Commander, thank you. All right, are there any announcements? Council members have any announcements tonight? All right. Then I'll open the floor for public comment. We have three guests signed up for public comment, and I believe one of those, Mr. Poliniak, you've yielded to Brian, to Brian Schiffke. All right. So, Mr. Schiffke. Mr. Schiffke. Am I getting that right finally, Brian? I'm getting close. You're getting right. Hey, listen. If you've been here as long as Bernard McCarthy had, I'll know for sure. Right, Mr. McCarthy? I'm not trying to make this a regular basis. That's all right. That's why we're here. Thank you for joining us. I have a handout, sir. And just for the record, Brian, if you'll just give the name and the address, that would be great. Thank you, sir. Yes, sir. My name is Brian Schlefke. I reside at 3521 Winding Drive. And Mr. Mayor, Council, it's always a privilege to stand before you and exercise the right to speak. First of all, kudos and congratulations for landing this operation from Bingham, and Costco may be coming in with 200 positions, and that's a start. Tonight, my address is a citizen's response to the 2012 Comprehensive Plan Goals and Objectives adopted by the Urban County Council May 17, 2012. Watching TV, listening to news, reading articles, I'm convinced employment is the lifeblood by which the city can only improve its overall financial situation. So what is the city's true strategy to solve the problem? From the 2012 comprehensive plan goals and objectives, I see the mission statement and basically a document that is a vision. I do not see specific identified strategy of what is to be done, how it is to be done, and who is going to do it. Under the title of Section C, Creating Jobs in Prosperity, I read words, support and showcase, strengthen, collaborate, foster, encourage, identify and promote, improve, reveal and improve, provide all passive to me. I read nothing at all with regards to establishing a baseline for overall employment to truly identify what the city must backfill in employment to maintain a constant level of employment to maintain and increase revenue. From a recent study comparing data from the year 2002 to 2012, which I presented the last time, last council meeting, using an employment population ratio, I found the city presently has a shortfall in employment of 10,683 positions. I might add that this metric that I'm talking about is being talked about quite a bit on CNBC, using population growth and employment. In addition, the city's present unemployment stands at 10,192. That may have changed because that was a figure from the last time. This shortfall exists even in the face of 17,011 employment positions created in the past eight years. Lexmart has now decreased from 5,000 plus down to 2,200 positions. ACS has grown. Lexmart decreased. ACS increase have basically canceled each other out. One exception may exist, again, as I stated last time, pay level of the lost Lexmark positions to pay level created by ACS positions. 10,000 employment positions will not be filled by new enterprises, startups with 50 employees or less. However, make no mistake, small enterprise startups are needed. What is required will be enterprises with 100 to 100 employees, such as Bingham. Granted, many existing enterprises presently serving the city will grow and expand as overall employment rises. Their employment increase will be driven by increased demand for goods and service from increased employment. But what type of enterprises are we speaking? First, let's review some of the current enterprises that are employment. I'm going to mention the companies, but not take the time to read off the employees. ACS Lexmart, Amazon, Trane, Ashland, Valvoline. These are in the higher level of employment. IBM, UPS, Linkbelt, Schneider Electric, former Square D, Webasto. These are like from 300 to 600. Alltech, Georgia Pacific, Tempur-Pedee, J.M. Smucker, Big Ass Fans, Rexroth. These are like 200 to 300. To me, these enterprises, existing examples of solid businesses now present in the city that have stood the test of time are the types of enterprises the city needs. Obviously, the solution would require a mix. However, the point still stands. What is the strategy to backfill lost employment, lifeblood of the city? Has the city identified the types of companies it would like to attract to Lexington? Who are these companies? What incentives are the city of Lexington willing to offer companies or startups to even consider a move relocation to Lexington, such as Bingham? What is the real strategy? Does the city of Lexington really want to invest the time, effort to compete with other cities all over the United States and the world in bringing new enterprises to backfill Lexington's lost employment? Unfortunately, today, one city's loss is another city's gain, and vice versa. No question, it's a tough problem to solve, but solutions require vision, and more importantly, a real strategy for solution. I thank you. Thank you very much, Brian. It's a well thought through letter. Mr. McCarthy. For the record, my name is Bernard McCarthy and my address is 515 Harry Street. I just would like to point out that, well, first of all, bravo, Mr. Martin. You have asked the question that goes through my mind every time one of these is described in legalese of what somebody supposedly did. Second, the previous speaker referred to a deficit of jobs. Has he considered the age range of the current population versus the age range in previous years? As you may be considered that we have more retirees who are too old to continue. I mean, I don't think we want to abolish this thing called retirement and make all the senior citizens go back to work just to fit some statistic. And, more importantly, while I wholeheartedly support building bike lanes by physically adding more pavement, I strongly oppose taking lanes away from the cars to reallocate them. And I say this because personally, whether I drive or pedal, usually depends on what the weather is doing, as well as the distance I have to go, the time available, and what the size, weight, spillage, or breakage potential of what I need to take with me or bring back. In other words, while I may pedal to and from the office on days when it's warm and sunny like today, or a day when it's raining, I'm going to drive a pickup truck. Hence, we need a street network built to accommodate radical changes in modes according to what the weather is doing. and it's just something to think on when making plans for what to do in the future is we may have people we may get more people to pedal on days when it's sunny but most will drive when it's raining or snowing and trying to pedal on snow is very hazardous but even if everybody still drives when it's raining or snowing. We get more to pedal when it's sunny. We do cut down the ozone problem. We cut fuel consumption and thus the shortages. And people do get exercise on those things. Thank you, Mr. McCarthy. It comes to the end of our agenda. Is there any motion to adjourn? Council Member Stennett, motion second by Council Member McCord. Is there any Discussion? Hearing none. All in favor, please say aye. Aye. Opposed, no. Motion carries. We are adjourned.