# Urban County Council Meeting - October 11, 2012 > Auto-transcribed civic record · October 11, 2012 - **Permalink**: https://meetings.lexingtonky.news/meeting/2730 - **Source video**: https://lfucg.granicus.com/player/clip/2730?view_id=14&redirect=true - **Date**: 2012-10-11 - **Last revised**: October 11, 2012 - **Length**: 8,929 words > ⚠️ **Auto-generated content.** Audio from the official Granicus video was auto-transcribed with OpenAI's open-source Whisper large-v3-turbo model, run locally by The Lexington Times. Structured facts were extracted with GPT-4o; the narrative summary was written by Anthropic Claude. Verbatim wording may contain errors. See [methodology](https://meetings.lexingtonky.news/about/methodology) or [report a correction](mailto:editor@lexingtonky.news). --- ## Meeting Overview The Lexington-Fayette Urban County Government held a meeting on October 11, 2012, at 6:00 PM in the Council Chambers in Lexington, Kentucky. Vice-Mayor Linda Gorton presided over the session. The council addressed four agenda items during the meeting, including an informational presentation on Great American Cleanup Recognition and three zoning and land use matters. The body took three votes and heard one public comment. All three zoning-related items on the agenda were approved: an amendment to Community Center Zone, a zone change for Pleasant Green Baptist Church, and a clarification of off-street parking requirements. ## Attendance **Present:** Stinnett, Beard, Blues, Ellinger, Farmer, Ford, Gorton, Henson, Kay, Lane, Lawless, Martin, McChord **Absent:** Crosbie, Myers **Late:** None ## Votes and Decisions **Ordinance 0967-12** [timestamp: 0:19:38] An Ordinance amending Subsection 14-72(6)(a) of the Code of Ordinances to add a requirement of a noise disturbance across a dwelling unit boundary was motioned by Blues and seconded by Beard. The ordinance was **withdrawn**. The vote was unanimous with 13 ayes and 0 nays. **Approval of Various Ordinances on Second Reading** [timestamp: 0:21:17] A motion by Henson, seconded by Ellinger, to approve various ordinances on second reading except for Ordinance 0967-12 **passed** by roll call vote. The vote was unanimous with 13 ayes and 0 nays. The following voted in favor: Stinnett, Beard, Blues, Ellinger, Farmer, Ford, Gorton, Henson, Kay, Lane, Lawless, Martin, and McChord. **Resolution 0897-12** [timestamp: 0:40:26] A Resolution approving an Update of Area Designation for the Solid Waste Management Plan for Lexington-Fayette County for 2013-2018 was motioned by Stinnett and seconded by McChord. The resolution was **tabled**. The vote was unanimous with 13 ayes and 0 nays. All members voted in favor of tabling: Stinnett, Beard, Blues, Ellinger, Farmer, Ford, Gorton, Henson, Kay, Lane, Lawless, Martin, and McChord. The resolution is to be returned after the Waste Management Task Force makes its report and recommendations. ## Budget and Financial Actions The meeting approved three contracts for capital projects and equipment installations: **West Hickman Waste Water Treatment Plant Generator Control Panel and Installation** - Amount: $19,565.19 - Vendor: Whayne Supply Co. - Resolution: 0961-12 **Generator Engine Monitoring Gateway** - Amount: $13,196.78 - Vendor: Whayne Supply Co. - Resolution: 0962-12 **Jacobson Park Entrance Wall/Arch Installation** - Amount: $23,876 - Contractor: Scott Barnhill - Resolution: 0992-12 The total value of contracts approved was $56,638.97. Two of the contracts involved equipment and installation services for the West Hickman Waste Water Treatment Plant, both awarded to Whayne Supply Co. The third contract was for construction of an entrance feature at Jacobson Park. ## Public Comment Bernard McCarthy addressed the board regarding Town Branch Creek [timestamp: 1:10:45]. Mr. McCarthy expressed concern about the proposed reopening of Town Branch Creek, characterizing it as a waste of money and a mistake. He argued that the downtown streets are necessary infrastructure and should not be removed in connection with this project. ## Contested Items **Noise Ordinance Amendment** Council members expressed confusion and concern over the proposed amendment to the noise ordinance. The discussion became heated as members grappled with the details and implications of the proposed changes. Due to the significant concerns raised, the amendment was withdrawn from consideration and referred to the Public Safety Committee for further review and clarification. **Adult Day Care Center Definition** Several community members voiced opposition to the local definition of "Adult Day Care Center" contained in the proposed ordinance. The primary concern centered on a conflict between the local definition and the state's definition of the same term. This discrepancy prompted substantive debate about how the ordinance would be applied and enforced. As a result of the community opposition and the definitional conflict, the ordinance was referred back to the Planning Committee for revision and reconciliation with state standards. ## Great American Cleanup Recognition Ms. Peggy Henson and Ms. Patricia Knight presented recognition for local businesses that supported and contributed to the Great American Cleanup [timestamp: 00:03:14]. The presentation focused on acknowledging the efforts and contributions of local businesses involved in the cleanup initiative. Ms. Henson and Ms. Knight highlighted the businesses' participation and support for this community environmental effort. This agenda item was informational in nature, serving to recognize and celebrate local business involvement in the Great American Cleanup program. ## Amendment to Community Center Zone **Ordinance 0970-12** proposed an amendment to Article 23A-9(k) of the Zoning Ordinance to allow a building to exceed 50,000 square feet in size within the Community Center Zone. [timestamp: 0:08:23] The ordinance was approved. ## Zone Change for Pleasant Green Baptist Church **Ordinance 0971-12** proposed changing the zoning designation for property located at 410 Patterson St. and 522 and 540 West Maxwell St. from High Density Apartment (R-4) zone to Lexington Center Business (B-2B) zone. [timestamp: 0:08:23] The ordinance was approved. ## Clarification of Off-Street Parking Requirements **Ordinance 0973-12** amended Article 16 of the Zoning Ordinance to clarify off-street parking requirements when the Urban County Council designates a "Pedestrian-Oriented Business District." [timestamp: 0:08:23] The ordinance was approved. --- ## Decisions - **Ordinance 0967-12** — withdrawn (13-0): An Ordinance amending Subsection 14-72(6)(a) of the Code of Ordinances to add a requirement of a noise disturbance across a dwelling unit boundary. - **Motion** — passed (13-0): Approval of various ordinances on second reading except for Ordinance 0967-12. - **Resolution 0897-12** — tabled (13-0): A Resolution approving an Update of Area Designation for the Solid Waste Management Plan for Lexington-Fayette County for 2013-2018. --- ## Full transcript Tonight is Thursday, October 11th. It is 6 o'clock and we are convening our council meeting. And the first thing is I'll ask the clerk to call the roll. Mr. Stinnett. Yes, ma'am. Mr. Beard. Present. Mr. Blues. Here. Ms. Crosby. 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. Mr. McCord. Here. And Mr. Myers. Thank you. Thank you very much. It's my pleasure tonight to introduce Reverend Stephanie Moon McCormick from Central Christian Church, and she is going to give our invocation. Thank you very much for being here. Thank you. As I pray, I invite you to invoke the name of your God. If you have no God, please let's gather together for a moment of mindful meditation. For the purposes of this evening, may we be united as one. May we be mindful of one another. May we see ourselves in the other. Make us particularly mindful of those who have no voice of their own or who are marginalized, particularly the children of our community, the disabled, the chronically ill, the homeless, the unemployed, or those otherwise marginalized. May we come together tonight with the united purpose of creating good for those in our community. Let us remember the words of peace written long ago by St. Francis. Make us instruments of your peace. Where there is hatred, let there be love. Where there is injury, pardon. where there is doubt, faith, where there is despair, hope, where there is darkness, light, where there is sadness, joy. Grant that we may not so much seek to be consoled, but to console, not to be understood, but to understand, not to be receivers of love, but givers of love, being mindful that it is in giving that we receive, and it is in pardoning that we are pardoned. May it be so tonight, and may we live out these ideals in our community. Amen. Thank you very much, Reverend Moon McCormick. Now, at this time, I want to call on Councilmember Peggy Henson, who is going to give some recognition to our Keep Lexington Beautiful Commission and our great American cleanup. Council Member Henson. Thank you, Vice Mayor, and thank the rest of the council for allowing this presentation. First of all, I'd like to say how honored I am to serve on the Keep Lakes the Beautiful Commission and participate in their work and their events. For the past few years, Keeps Likes to Beautiful Commission has organized the Great American Cleanup Events. I'm going to allow Patricia Knight, who is chairperson of the Keeps Likes to Beautiful Commission, to recognize some corporate sponsors that we had. These events are not possible without them. So thank you. Welcome, Patricia. Thank you for having us today. As you are aware, the Keep Lexington Beautiful Commission is responsible for the Great American Cleanup in Lexington. It's coordinated nationally by Keep America Beautiful, and it's the largest cleanup effort in the nation. This year we had nearly 80 events that involved 2,042 volunteers, more than 3,700 donated hours of service, and cleaned up over 11,000 pounds of litter. Our mission is to engage the local community to take personal responsibility to improve the environment. And we're honored to be here today to recognize some local businesses for their support and contributions to the Great American Cleanup. Today we have Clark Materials and Modern Properties with us. And the employees at Clark Materials performed a much-needed cleanup of the creek at Wolffront near Clark's facilities on Enterprise Drive. In just one day, they filled almost two dump trucks full of trash and debris from that creek alone. And for the second year, we'd like to thank the employees of Modern Properties that helped with the cleanup at Cardinal Valley. Not only did they help clean up the creek, but they also provided food and snacks for all of the volunteers that day. And Keep Lexington Beautiful would like to present Clark Materials and Modern Properties with a certificate of recognition for their contributions. Coca-Cola also deserves recognition, although they could not be in attendance for tonight's meeting. Please join me and the Keep Lexington Beautiful Commission in thanking our local business partners for their contributions to the local community. Thank you. Council members, we've been requested to gather to the center for a photo. Thank you. One more. One, two, three. One more. One, two, three. One more. One, two, and three. Thank you so much. We appreciate all that you all do in our community to make it better and more beautiful. Now, with that, we'll go ahead and I'll ask the clerk to give second reading to ordinances. Thank you. 410 Patterson Street and 522 and 540 West Maxwell Street, Pleasant Green Baptist Church of Lexington, Incorporated. Number three, an ordinance amending Article 16 of the zoning ordinance to clarify off-street parking requirements when the Urban County Council designates a pedestrian-oriented business district. Number four, an ordinance amending subsection 14-726A of the Code of Ordinances of the Lexington-Fed Urban County Government to add a requirement of a noise disturbance across the dwelling unit boundary. Number five, an ordinance of the Council of the Lexington-Fade Urban County Government. One, authorizing and approving the execution and delivery of a second supplemental lease agreement between the Lexington-Fade Urban County Airport Board as the lessor and the Lexington-Fade Urban County Government as the lessee, relating to the issuance and sale of an amount not to exceed $25 million in aggregate principal amount of A, Lexington-Fayette-Urban County Airport Board General Airport Revenue Refunding Bonds 2012 Series A, Lexington-Fayette-Urban County Government General Obligation Amount, and B, Lexington-Fayette-Urban County Airport Board General Airport Revenue Refunding Bonds 2012 Series B, Lexington-Fayette-Urban County General Obligation Non-Amount. All for the purpose of refunding. Aye. All of the board's outstanding $26,235,000 variable rate, general airport revenue and revenue refunding bonds, 2008 Series B, Lexington-Fayette-Irving County government general obligation. Non-amount. And two. A portion of the board's outstanding $16,420,000 variable rate, general airport revenue refunding bonds, 2009 Series B, Lexington Fayette-Urvin County Government, general obligation, non-amounted at the Bluegrass Airport in Fayette County, Kentucky. Number 6. In ordinance amending sections 8-41, 8-44A, 8-45A, 8-45C, 8-45E, 8-51, 8-52, 8-52B, 8-52C, 8-52E, 8-53, 8-54, 8-64, 8-610, 8-611, 8-611, 13AXD, 8-6, 13AX, 8-16, 14A, 8-7, 5, 8-7, 6, 8-8, 1, 8-8, 2, 8-9, 1, 8-9, 6 of the Code of Ordinances related to mining and or coring to change the responsible division from building inspection to the Division of Engineering, amending Section 8-4-4A of the Code of Ordinances related to mining and or coring to increase the permit fee to an amount based on the costs to the urban county government in performing annual inspections assessed on a per acre basis and including the costs of a necessary consultant and providing that the operator is responsible if the actual costs exceed the annual fee at the Irving County Government shall refund any difference if the actual costs are less than the annual fee. Amending Section 8-4-5D of the Code of Ordinances relating to mining and or quarrying to increase the renewal fee from $8 an acre to $18 an acre. Amending Section 8-6-14 of the Code of Ordinances relating to mining and or quarrying to delete the word building. Amending Section 8-7-2 of the Code of Ordinances related to mining and or quarrying to delete the phrase another copy to the Division of Building Inspection, amending Section 8-7 of the Code of Ordinances relating to mining and or quarrying to delete the phrase, the Division of Building Inspection, amending Section 8-9-1 of the Code of Ordinances related to mining and or quarrying to delete the phrase, the Division of Engineering and or number seven, and ordinance amending certain of the budgets of the Lexington-Pate Urban County Government to reflect current requirements for municipal expenditures and appropriating and reappropriating fund schedule number 14. Council Member Blues. Thank you, Vice Mayor. I have some questions about number four. I was absent from the previous council meeting at which I guess this was given first reading, but I don't understand the ordinance here. since there is a provision in the current noise ordinance regarding noise disturbances across a growing unit boundary. So I'm a little baffled by this, and perhaps Commissioner Mason could provide some amplification. Commissioner Mason, welcome. Good evening. It's to make the commercial properties mirror the residential properties, where if a commercial property's noise enters into a dwelling, the ordinance would have the same impact. Okay. So that wasn't, I know that was an issue before where that was not, and that is not clear in the current ordinance. So this would make it a noise violation if noise from a commercial property goes across a boundary to a dwelling unit, even though there are no dwelling units on both sides. Right. All right. Thank you very much. Well, this does bring up another question, Commissioner. So this does not apply to commercial properties and commercial properties, correct, when there's no dwelling unit? And can you tell us where this originated and why? This was out of a court case, according to Commander Pape. It specifies that the subsection 14 and so forth is amended to read as follows, using, operating, or permitting the operation of any loudspeaker, public address system, mobile sound vehicle, or similar device amplifying sound therefrom on a public right-of-way. or public space for any commercial purpose such that the sound therefrom creates a noise disturbance across a dwelling unit boundary. So it doesn't apply to commercial against commercial? Commercial purposes. Okay. Council Member Martin, there may be more questions, so just hang on. Thank you, Vice Mayor. Commissioner, we've had lengthy discussions on this council about our noise ordinance. And we've had them in both committee and in full council. And for the life of me, I have no idea why the administration sought to slip this under the radar and not take this through the process. because we have discussed noise ordinances ad nauseum in here. And I happen to be out of town on the day that this came, I guess, to the work session, as were a number of other folks. I've talked to a number of folks up here who were not familiar with this item that's just received a second reading. Why did this not go to a council committee? I can't. We don't know. I can get that now and then we can follow. Okay. But this would have been your mission. We're going to have a session to let us hear. I'm going to have a question. I'm going to have a question. I'm going to allow the other council members to ask questions. I think Dr. Blues may have a suggestion for allowing us to take a look at this. Why don't we hold that until after Dr. Blues has spoken? Sure. Thank you. Next is Council Member Henson. Was this about that same issue? Council Member Henson. I just wanted some clarification. The ordinance says a sound system. Is that the only? It's loudspeaker, public address system, mobile sound vehicle, or similar device amplifying sound therefrom. Okay. Thank you. It's the result of a Supreme Court case. Can you be more specific about what was the result? The Supreme Court said what? Really, I'm coming into this on the back end of it, but as most of you appear to be also, it's my understanding that we lost a case in court, and as a result of that case, it was brought to the law department's attention, and this was their way to clean up our ordinance that we've used for many years that we've now found out is not sound. Okay, thank you. There was a cleanup of an existing ordinance, not necessarily a whole new revamp of an ordinance. It was a case that had been running for several years based on a citation of the violation of the noise ordinance from probably three or four years ago. Right, from a party on Winchester Road that drove it, was causing a problem into the straighter neighborhood. It went on for a long period of time, and this was clearing up the ordinance that already exists. Okay, thank you. Councilmember Blues. Well, I do appreciate that information, but since Councilmembers have not had an opportunity to examine the addition, to look at it in context of the present noise ordinance, I think it would be appropriate, Vice Mayor, to withdraw this ordinance from the docket and refer it to the Public Safety Committee. Second. So Council Member Blues has moved and Council Member Beard has seconded to remove number four and refer it to the Public Safety Committee. Now, is there discussion of the motion? Council Member Lane? I just want to occur with the other Council members that the way this came in, I don't believe that the Council has had an opportunity to review it in detail, and I think it should have a review before we vote it in. Thank you. You're welcome. Is there any other comment on the motion? All those in favor, say aye. Aye. Anyone opposed? Okay, that motion passes unanimously. Madam Clerk, you have a worried look on your face. I didn't get who made and seconded the motion, but we'll go back and get it on the tape. Council Member Blues made the motion and Council Member Beard seconded it. Thanks. Welcome. We don't want you looking worried. Okay. Item number four has been withdrawn and referred to public safety. Do I hear a motion? Second. Council Member Henson moves and Council Member Ellinger seconds approval. So will you call the roll, please? This is for the ordinances for second reading, except for number four. Yes, ma'am. Okay. Sorry about this. Mr. Stennett. Yes, ma'am. Mr. Beard. Aye. Mr. Blues. Yes. Mr. Ellinger. Yes. Mr. Farmer. Yes, ma'am. Mr. Ford. Yes. Ms. Gorton. Aye. Aye. Ms. Henson. Yes. Mr. Kay. Yes. Mr. Lane. Yes. Ms. Lawless? Yes. Mr. Martin? Yes. Mr. McCord? Yes. Thank you. Thank you. Those ordinances passed 13-0. And before we go on to the first reading of ordinances, I want to recognize that we have several Boy Scouts in the audience who've joined us. And perhaps you're working on citizenship in the community? Very good. Well, we're always happy to have you with us. Thank you. Okay. Would you give first reading to ordinances, please? Ordinance number eight. An ordinance submitting Article 17 of the zoning ordinance to transfer enforcement of Article 17 signed regulations requirements from the Division of Building Inspections to the Division of Planning. Number 9, an ordinance approving and adopting revised regulations for the procurement of personnel, personal professional services on behalf of the urban county government through its division of central purchasing. Number 10, an ordinance relating to sanitary sewers pretreatment and amending section 16-1C51 of the code of ordinances defining significant violation by referencing 40 CFR 403.3.1, increasing the time limit to 45 days for required reports and providing that violation of best management practices may be significant violation. Amending section 16-1C52 to redefine the term slug to mean any discharge which has reasonable potential to cause interference or pass-through or violates local limits or permit conditions. Amending Section 16-45F to require that wastewater monitoring and flow measurement facilities be properly operated and provided that failure to do so shall not allow the user to claim unrepresentative sampling. amending Section 16-46A6 to require significant industrial users to notify the Division of Water Quality of any changes to its facility, affecting potential for a slug discharge and increasing slug control plan requirements, amending Section 16-46G to require semi-annual reporting to water quality and include reporting of data necessary to ensure compliance with the applicable permit, creating Section 16-46H of the Code of Ordinances to require permit holders to maintain and make available for inspection records of required monitoring information and any additional records of monitoring associated with best management practices established by the urban county government specifying the contents of such records and requiring them to be maintained for at least three years, which shall be extended during any related litigation or as required by the Director of Water Quality, creating Section 16-46.2 of the Code of Ordinances to provide that sampling done to comply with sampling requirements in Sections 16-44, 16-44.1, 16-45, and 16-46 must be representative of conditions occurring during the reporting period and specifying sampling techniques which must be followed. Number 11, an ordinance amending Section 21-39D of the Code of Ordinances relating to disability leave to remove the restriction on second employment while an employee is on disability leave. Number 12, an ordinance amending Section 2152 of the Code of Ordinances abolishing two positions of equipment operator senior grade 109 in and creating one position of program manager senior grade 120E in the Division of Waste Management appropriating funds pursuant to Schedule Number 16 effective upon passage of council. Council Member Kay. Thank you, Vice Mayor. On number 13, just so the members of the public will know, my original intention had been to ask the council to table this motion, and we had a discussion in work session. Other council people had questions about the ordinance, and so I am going to move that this ordinance be removed from the docket and be referred back to the planning committee. So move. Second. So we have a motion by Councilmember Kay, second by Councilmember Ellinger, to remove item 13 and refer it back to the planning committee. Is there discussion on the motion? Councilmember Farmer, who chairs the planning committee. Thank you, ma'am. Yes. Thank you, Vice Mayor. I'm just asking just, and I may be welcoming it, but what for? What are we sending it back to Committee for? My understanding is that there were some questions raised in addition to the interests of the Commission on Homeless to table it until our work had been completed. And so instead of tabling it, we moved it forward off of the work session onto the docket so I could make this motion. Thank you. Thank you, Vice Mayor. And just if I might clarify some of that, on Tuesday at the work session, I brought the concerns of the Senior Services Commission about the name Adult Day Care Center and how it conflicted with the understanding of Adult Day Care Center at the state level and was confusing. So the name also became an issue. Well, we'll look forward to receiving it in the planning committee then. Yes. Council Member Ford. Thank you, Vice Mayor. And I don't have any issue with going back to the Planning Committee. Is it any intent for the Planning Committee to do any work in the interim of the Homeless Commission's findings? Because my understanding is that the original purpose of this was to table it until the Homeless Commission completed its work in January. Will we do any work in the interim is my question, and if so, I just kind of want to clarify that before we go forward. I do recognize some of the issues about the definition of those things, but we go from one request to another. Thank you, Vice Mayor. You're welcome. Did you want to speak to that, Mr. Farmer? Thank you, Vice Mayor. Well, certainly I wouldn't let it lay dormant. there's been a couple of different types of issues raised here. Recommitting it will give us a chance to at least update the name and perhaps some of the interior parts of it. I don't know, but I would say that I know for sure our meeting next week is a full docket, so to speak, so it wouldn't be able for us to consider it or consider changes to it until the December meeting. December. I'm sorry, the November meeting, excuse me, which will be the next one after this one. October. Thank you. So, I mean, that's the best I can. We might ask Council Member Kaye to enumerate, too, but I think that anything can bear more consideration, certainly, and that's our business. Thank you. Council Member Kaye. And if I may add a comment, I would, depending on how the conversation goes, I certainly have no objection to consideration of any aspects of it, but I would, at the time, request respectfully that the committee not move it forward until the Homeless Committee has had a chance to do its work, and we can deal with that procedurally at that time. Yes, sir. Thank you. Other comments or questions about the motion? All those in favor, please say aye. Aye. Anyone opposed? That motion passes unanimously. Thank you very much. Now, we did have four members of the public here to speak about No. 13, which is now removed from the docket. Do you, as I call your name, do you still wish to speak, or are you coming to planning committee? Karen Cook, you'd like to speak? I think this might be the appropriate time while we're on this topic. And then if the rest of you will be queued up over here to speak, Celeste Collins, Rebecca Keith, and Mary Lynn Spaulding. And if you'll give us your name and address for the record, and you'll have three minutes. Yes. My name is Karen Cook, and I work for the Cabinet for Health and Family Services, and I'm really here on behalf of the Department for Aging and Independent Living. And we just wanted to make the count. I do live in Fayette County at 3141 Starling Drive, or my work address is 275 East Main Street in Frankfurt. We just wanted to make sure that the council was aware that adult daycare center, that term, is already defined under Kentucky Statute KRS 205010. and that's under the public assistance and medical assistance statute. And we've worked many, many years to get the certification of adult daycare centers established. And we have Best Friends is a social model certified adult daycare in Fayette County. Our concern is if adult daycare center, that terminology, is allowed to be defined locally, somebody may identify another entity as an adult daycare center which is not certified or licensed. And we wondered if you would consider renaming it or if you would make it clear in your definition that an adult daycare center has to be certified by the state. Thank you very much. Celeste Collins, if you'll give your name and address, please. Hi, I'm Celeste Collins. I'm with the Bluegrass Area Agency on Aging and Independent Living. I live at 2358 Todd Lane in Richmond. Our office here is at 699 Perimeter Drive in Lexington. And I just really wanted to have on record the same issue that Karen had. Our main concern is the use of the terminology Adult Day Center. that has been in statute for many years and is an established entity, and so we would just ask that that terminology be looked at further. Thank you very much. Rebecca Keefe. Hello. My name is Rebecca Keefe. My residence is 2161 Palomar Trace Drive. I'm with Active Day, Adult Day here in Lexington, which is 2432 Regency. Basically, I'm here to support Karen and Celeste's concern of the terminology. We are an adult day program here in Lexington. Once again, we just kind of want the name or the terminology revisited to try to avoid any conflict of what the purpose of the center is to be bringing. Not to say that the center won't have wonderful usage, but we just want to make sure that there is a clear distinction between the services offered between the two areas. Thank you. Thank you very much. Mary Lynn Spaulding. Hi, my name is Mary Lynn Spaulding. I actually live in Indiana, 4002 Pancola Road, but I represent Christian care communities. We have two facilities here in the area. One is at Maryland Avenue, and that's a medical model, which is similar to Active Day, and the other one is the Best Friends model that Karen referenced as well. Our concern is very much the same as far as the naming piece of it. Both programs have been in existence here in the community over 20 years and termed as an adult daycare center, whether it be social or medical modeling. We're very sensitive to making sure that there's a clarification between the two, so we appreciate the opportunity to share that with you. Thank you very much for your input. Okay, now we'll go back to our clerk with number 14. Number 14, an ordinance amending Section 21-52 of the Code of Ordinances, creating one position of Fleet Systems Manager, Grade 116E, and the Division of Facilities and Fleet Management, effective upon passage of Council. Number 15, an ordinance amending Section 21-52 of the Code of Ordinances, abolishing three positions of Public Service Worker, Grade 106N, one position of Equipment Operator Senior, Grade 109N, and one position of Public Service Supervisor, Grade 111N, and creating two positions of Administrative Specialist, Grade 110N, and two positions of Public Service Supervisor, Senior, Grade 114E, in the Division of Waste Management, appropriating funds pursuant to Schedule No. 17, effective upon passage of counsel. No. 16, an ordinance amending Section 22-52 of the Code of Ordinances, creating one position of Juvenile Surveillance, Probation Officer, Grade 112N, in the Division of Youth Services, effective upon passage of counsel. And number 17, an ordinance amending certain of the budgets of the Lexington-Fayton County Government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds, Schedule number 15. Are there any motions? If not, will you go ahead and give second reading to the resolutions, please? Absolutely. Number one, a resolution accepting the bid of Wayne Supply Company in the amount of $19,565.19 for the West Hickman Wastewater Treatment Plant Generator Control Panel and Installation for the Division of Water Quality. Number two, a resolution accepting the bid of Wayne Supply Company in the amount of $13,196.78 for Generator Engine Monitoring Gateway for the Division of Water Quality. Number three, a resolution accepting the bids of Orr Safety Corporation and Bluegrass Uniforms, Inc., establishing price contracts for breathing apparatus for the Division of Fire and Emergency Services. Number four, a resolution accepting the bid of Key to Cleaning, establishing a price contract for Custodial Services Recycling Center for the Division of Facilities and Fleet Management. Number five, a resolution accepting the bid of Scott Barnhill in the amount of $23,876 for the installation of an entrance wall arch at Jacobson Park for the Division of Parks and Recreation and authorizing the mayor on behalf of the urban county government to execute any necessary agreement with Scott Barnhill related to the bid. Number six, a resolution accepting the bid of Prominence Systems Incorporated in the amount of $15,970 for the Picadone pump station air scrubber media removal disposal and replacement for the Division of Water Quality. Number seven, a resolution accepting the bid of Ron Cooper Company Incorporated establishing a price contract for record-keeping supplies for the Fayette County Clerk. Number 8, a resolution accepting the bid of Radio Communications Systems Incorporated doing business as RCS Communications, establishing a price contract for communications system maintenance for the Division of Police, and authorizing the mayor to sign any necessary agreement related to the bid. Number 9, a resolution accepting the bid of Herrick Company Incorporated, establishing a price contract for the demolition, removal, and replacement of clarifiers, scum baffles, and weirs for the Division of Water Quality. Number 10, a resolution accepting the bids of Pathmaster Incorporated, Baldwin and Sowers Incorporated, Traffic Parts Incorporated, and Quality Traffic Systems establishing price contracts for traffic signal and control equipment for the Division of Traffic Engineering. Number 11, a resolution accepting the bid of Todd Johnson Contracting Incorporated in the amount of $184,631.05 for the Roland Avenue Stream Stabilization Project for the Division of Water Quality and authorizing the mayor on behalf of the Lexington-Fade, and the state of Irvin County government to execute an agreement with Todd Johnson Contracting Incorporated related to the bid. Number 12, a resolution ratifying the probationary civil service appointments of Joel Ragland, Tradesworker Senior, Grade 109 N, 18.942, hourly in the Division of Streets and Roads, effective October 15, 2012. Rebecca Crawford, Administrative Specialist Senior, Grade 112 N, 22.658, hourly in the Division of Parks and Recreation, effective September 10, 2012. Randall Naylor, Code Enforcement Supervisor, Grade 116 E, 2164-72, bi-weekly in the Division of Grants and Special Programs, effective September 10, 2012. Anne Frank Mabson, Administrative Specialist, Grade 1, 10N, 14.423, hourly in the Division of Water Quality, effective October 15, 2012. Ms. Clerk, Madam Clerk. Yes, ma'am. Do you mind to take a pause just for like 30 seconds before you read number 13? I don't know if there's a motion up here bubbling or not. Did anyone want to speak to 13? Okay. I don't. Pardon me? Oh, you can't log in. Okay, did you want to speak? All right. Council Member Stenna. Thank you. Based on conversations had tonight and over the last couple weeks, especially dealing with the noise ordinance that we just dealt with and put into committee, I'm going to make a motion to table number 13 and 15 and put them into the Waste Management Task Force. The council has not had a chance to weigh in on the five-year plan and look at it thoroughly, so moved. Second. Okay. There is a motion by Council Member Stennett and a second. I think I heard Mr. McCord over there, by Mr. McCord, to table 13 and 15, and that's not debatable. So all those in favor, please say aye. Aye. Is there anyone opposed? Okay, 13 and 15 are tabled until the Waste Management Committee comes back with its recommendations and sees these reports. Thank you, Vice Mayor. Thank you. Madam Clerk? Yes. Number 14. If it makes you feel any better, it's acting weird over here too, so it's not discriminating. Number 14, a resolution authorizing the Division of Engineering on behalf of the Irvine County Government to purchase design services for the Northland Meadows Arlington Phase 5B project from ECSI LLC, a sole source provider at a cost not to exceed $24,966.20. Number 16, a resolution authorizing and directing the mayor on behalf of the urban county government to execute a certificate of consideration and other necessary documents and to accept deeds for property interests needed for the Cardinal Lane Stormwater Improvement Project at a cost not to exceed $6,815. Number 17, a resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute an agreement with Uprising for a financial literacy education program at a cost enough to exceed $36,000. Number 18, a resolution authorizing and directing the mayor on behalf of the Irvin County Government to accept a grant from the Kentucky Transportation Cabinet, which grant funds are in the amount of $100,000 Commonwealth of Kentucky funds off of the Tates Creek Road and Lansdowne Drive Traffic Signal Project, the acceptance of which does not obligate the urban county government for the expenditure of funds in authorizing the mayor to transfer unencumbered funds within the grant budget. Number 19, a resolution authorizing and directing the mayor on behalf of the urban county government to execute any documents necessary to transfer the properties located at 311 Nelson Avenue, 544 Ohio Street, 829 Whitney Avenue, 330 Georgetown Place, and 449 Ray Street, acquired under the Neighborhood Stabilization Program to Seedleaf, incorporated for use as community garden space. Number 20, a resolution authorizing the mayor on behalf of the Irwin County Government to execute contract modification number two to the Engineering Services Agreement with BTM Engineering, incorporated for the Tates Creek Road Lansdowne Traffic Signal Project, Increasing the contract amount by the sum of $2,600 from $127,978 to $130,578. 21. A resolution authorizing and directing the mayor on behalf of the urban county government to execute a use agreement with the Lexington Public Library for occasional use of the Ferris Theater for a one-year period at no cost to the urban county government. 22. A resolution approving the Department of Social Services partner agency application scoring, rubric, and schedule for application review and directing that there will be no funding cap during the FY14 application process. 23. A resolution authorizing the mayor on behalf of the urban county government to execute mutual aid agreements with Georgetown Police Department, McGoffin County Sheriff's Office, and Salyersville Police Department for mutual aid. 24. A resolution authorizing the Division of Fire and Emergency Services on behalf of the Lexington-Badarbon County Government to purchase Lucas II chest compression devices and related equipment and services from Physio Control Incorporated, a sole source provider distributor at a cost not to exceed $44,885.25 CSEPP funds, and authorizing the mayor to sign any necessary agreement related to the services. Number 25. Number 26, a resolution authorizing and directing the mayor on behalf of the urban county government to execute and submit a grant application to the Illumina Foundation 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 $10,000 and are for a Latina education support project at the Family Care Center, the acceptance of which obligates the urban county government for the expenditure of $8,600 as a local match and authorizing the mayor to transfer and encumbered funds within the grant budget. And number 27, a resolution authorizing the mayor on behalf of the Urban County Government to execute an agreement with the Salvation Army, $1,100, for the office of the Urban County Council at a cost not to exceed the sum stated. Thank you. Thank you. Do I hear motion? Council Member Ellinger moves to approve. Council Member Blues seconded. Oh, you also moved. seconded to approve numbers 1 through 12, 14, and 16 through 27. Will you call the roll, please? Mr. Stennett? Yes, ma'am. Mr. Beard? Aye. Mr. Blues? Yes. Mr. Ellinger? Yes. Mr. Farmer? Yes, ma'am. Mr. Ford? Yes. Ms. Gorton? Aye. Ms. Henson? Yes. Mr. Kay? Yes. Mr. Lane? Yes. Ms. Lawless? Yes. Mr. Martin? Yes. And Mr. McCord? Yes. Thank you. Thank you. Thank you. That motion passes 13-0. And if you'll go ahead and give first reading to resolutions, please. Number 28, a resolution accepting the bids of Powertrain of Kentucky, CarQuest of Lexington, I.B. Moore Company, J&B Enterprises Incorporated, B.W. Rogers Company, Fluid Power Products Division, and G&R Industrial Supply, establishing price contracts for hydraulic hose fittings for the Division of Facilities and Fleet Management. 29, a resolution accepting the bid of CE Power Solutions of Kentucky LLC establishing a price contract for switchgear maintenance for the Division of Water Quality. Number 30. A resolution accepting the bid of NAC Heavy Highway Incorporated in the amount of $433,000 for the Town Branch Wastewater Treatment Plant Dewatered Sludge Conveyor Replacement for the Division of Water Quality and authorizing the Mayor on behalf of the Irving County Government to execute an agreement with NAC Heavy Highway Incorporated related to the bid. Number 32, a resolution accepting the bids of Metrome USA, Inc., in the amount of $33,077.50 for automated water quality testing trader system for the division of water quality. Number 33, a resolution accepting the bid of Guarantee Pest Control, Inc., established a price contract for pest control services. Number 34, a resolution accepting the bid of Wayne Supply Incorporated in the amount of $109,347.92 for thermally insulated weather enclosure for backup generators for the Division of Water Quality. 35. A resolution authorizing the Division of Human Resources to make a conditional offer to the following probationary civil service appointments. Brad Meacham, Building Inspector, Grade 113 N, 18.504 hourly in the Division of Building Inspection, effective upon passage of counsel. Daniel Arnold, Treatment Plant Operator, Grade 113 N, 16.993 hourly in the Division of Water Quality, effective upon passage of counsel, Ralph Ott. Treatment plant operator, grade 113 N, 25.169 hourly. In the Division of Water Quality, effective upon passage of counsel, Alicia Void, internal auditor, grade 118 E, 2006-6920 biweekly in the Office of Internal Audit, effective upon passage of counsel, Jose Rincon, laboratory technician, grade 109 N, 14.313 hourly. In the Division of Water Quality, effective upon passage of counsel, and Latricia Jones, Telecommunicator, Grade 111N, 14.943 hourly, the Division of Emergency Management 911, effective upon passage of counsel, authorizing the Division of Human Resources to make a conditional offer to the following unclassified civil service appointment, Sharon Moore, Social Worker Senior, Grade 113E, 2041-04 biweekly, in the Division of Adult and Tenant Services, effective upon passage of counsel. Number 36. A resolution ratified in the probationary civil service appointments of Christopher Dent, Municipal Engineer, Senior, Grade 119E, 2304, Biweekly in the Division of Water Quality, Effective October 15, 2012. Roger Damon, Administrative Officer, Grade 118E, 2002-12, 16, Biweekly in the Division of Facility and Fleet Management, Effective September 24, 2012. and Donna Byram, Building Inspector, Grade 113N, 19.152 out in the Division of Building Inspection, effective October 8, 2012, ratifying the permanent civil service appointments of William Evans, Equipment Operator Senior, Grade 109N, in the Division of Waste Management, effective September 11, 2012, Samuel Fuchsia, Vehicle and Equipment Technician, Grade 113N, in the Division of Facilities and Fleet Management, effective October 2, 2012, and Sharika Parker, Child Care Program A, Grade 107N, in the Division of Family Services, effective October 2, 2012. 37. A resolution authorizing the mayor on behalf of the Urban County Government to execute a contract with Humana for City Employees Pension Fund for the period of January 1, 2013 through December 31, 2013. Number 38. A resolution authorizing the mayor on behalf of the Urban County Government to execute a contract with Humana for Police and Fire Retirees Senior Health Plan for the period of January 1, 2013 through December 31, 2013. 39, a resolution authorizing and direct to the mayor on behalf of the urban county government to execute a services agreement with Ecolab Pest Services for Pest Elimination Services for the Division of Community Corrections had a cost not to exceed $4,940. Number 40, a resolution authorizing the mayor on behalf of the urban county government to execute change order number one to the contract with Churchill McGee, LLC, for renovation of stock room and replacing entry ramp for the Division of Waste Management, increasing the contract price by the sum of $3,598 from $61,850 to $65,448. Number 41, a resolution authorizing the Division of Emergency Management 911 on behalf of the Urban County Government to purchase equipment for the Emergency Advisory Radio System from Information Station Specialists, Inc., a sole source provider at a cost not to exceed $42,080 from federal grant funds. 42, a resolution authorizing the mayor on behalf of the urban county government to execute a claims payment agreement with Humana Insurance Company for health insurance plans for the period of January 1, 2012 through December 31, 2012. 43, a resolution authorizing the mayor on behalf of the urban county government to execute a lease agreement with West End Community Empowerment Project of Lexington, Incorporated for Space at the Black and Williams Gymnasium. 44. A resolution authorizing the mayor on behalf of the Irvin County Government to accept a donation from S&S Tire of Electronic Equipment and Supplies for Use at the Lexington Fayette Emergency Operations Center. 45. A resolution authorizing and direct to the mayor on behalf of the Irvin County Government to execute and submit grant applications to the Kentucky Infrastructure Authority, KIAN, to provide any additional information requested in connection with the applications for low-interest state-revolving fund loans in the following amounts to facilitate the following projects. $6 million for the expansion area 2A Class A pump station and trunk sewer project. $21,641,030 for the town branch wastewater treatment flow equalization storage tanks Phase I project. $1,630,843 for the Century Hills Trunk Sewer Replacement Project, $807,432 for the East Lake Trunk Sewer Replacement Project, $4,476,997 for the West Hickman Trunk Sewer Replacement Project, $3,279,149 for the Woodhill Trunk Sewer Replacement Project, $9,428,670 for the Wolf Run Flow Equalization Storage Tank Project. $1,925,226 for the Bobble Link Trunk Sewer Replacement Project. $2,320,406 for the Wolf Run Trunk Sewer Replacement Phase A Project. $447,032 for various stormwater management projects Phase I. $3,524,500 for various stormwater management projects, Phase 2, and $926,000 for the Anniston-Wickland-South Stormwater Improvement, Phase 3. Number 46, 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 old Frankfurt Pike Alexandria Drive stone fence project and the amount of $120,000, the acceptance of which obligates the urban county government for the expenditure of $30,000 as a local match and extending the project through June 30, 2013. Number 47, a resolution authorizing the Division of Traffic Engineering on behalf of the urban county government to establish a contract with Iron Armor LLC, a sole source provider for purchase of Wavetronics, Vehicle Detection Equipment, 48. A resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute and submit a grant application to the Kentucky Board of Emergency Medical Services 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 $10,000 Commonwealth of Kentucky funds and are for the purchase of EMS equipment for the Division of Fire and Emergency Services, the acceptance of which does not obligate the Urban County Government for the expenditure of funds and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 49, a resolution authorizing the mayor on behalf of the urban county government to execute agreements with Pasadena Neighborhood Association, $300, Cardinal Valley Neighborhood Association, $500, and Temple of Prayer, Church of God in Christ, $100, for the office of the urban county council at a cost not to exceed the sums stated. Number 50, a resolution initiating various zoning ordinance, tax amendments to Article I, general provisions and definitions, Article VIII, schedule of zones, Article XI, interchange service business zone, Article XII, plans shopping center zone, Article XVI, general regulations for parking, loading areas, garages, automobile service stations, vehicle sales lots, and stacking area to authorize automobile and refueling stations for the dispensing of compressed natural gas or any liquefied petroleum. Number 51, a resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute a certificate of consideration and accept a deed conveying a permanent easement across the property located at 345 Bobble Lake Drive for turning access for waste management refuse vehicles in return for replacement of the driveway for the property. Number 52, a resolution authorizing the mayor on behalf of the urban county government to execute an amendment to the contract with CPSHR Consulting for written examinations to be used in the recruiting process for the Division of Police, changing the completion date from September 1, 2012 to November 30, 2012, at a cost not to exceed $7,500. Number 53, a resolution authorizing the mayor on behalf of the urban county government to execute a contract with CPSHR Consulting for written examinations to be used in the recruiting process for the Division of Police beginning September 6, 2012 and ending December 31, 2012 at a cost not to exceed $52,500. Number 54, a resolution authorizing the mayor on behalf of the urban county government to execute a memorandum of agreement with Bureau of Alcohol, Tobacco, Firearms, and Explosions for reimbursement of overtime and other costs. 55. A resolution authorizing the mayor on behalf of the Urban County Government to execute change order number one to the contract with SCAPS Industries for the closure of the Haley Road Pike Landfill, increasing the contract price by the sum of $32,298.75 from $834,201.72 to $866,500.47. Fifty-six, a resolution accepting the collective bargaining agreement with Bluegrass Fraternal Order of Police Lodge No. 4 on behalf of police lieutenants and captains in the Division of Police. Number fifty-seven, a resolution authorizing the mayor on behalf of the Urban County Government to execute an agreement with the Citizens Fire Academy Alumni Association, $3,155 for the office of the Urban County Council at a cost not to exceed the sum stated. Fifty-eight. A resolution authorizing and directing the Division of Traffic Engineering pursuant to Code of Ordinances Section 1886 to install multiway stop controls at the intersection of Cross Keys Road and Traveler Road. 59. A resolution establishing a residential parking permit program for the 400 block of Hollywood Drive, 24 hours per day, Monday through Sunday, along the east side of the block, and waiving the provisions relating to the mechanics of designating residential parking permit areas adopted by Resolution No. 168-90 and amended by Resolution No. 415-91 and 433-2006 and No. 60, a resolution establishing a residential parking permit program for the 700 block of Providence Road from 8 a.m. to 5 p.m. Monday through Friday, August 1 through May 15, and waiving the provisions relating to the mechanics of designating residential parking permit areas adopted by Resolution 168-90 and amended by Resolution 450-91 and 433-2006. Thank you, Madam Clerk. Are there any motions? Council Member Stennett and then Council Member Farmer. Thank you, Vice Mayor. Unless anyone has any walk-ons, I'll make a motion to suspend the rules and give second ring to number 45. Thank you. Number 45. Do I hear a second? Second. Second by Councilmember K. All those in favor say aye. Aye. Anyone opposed? All right. Councilmember Farmer. Thank you, Vice Mayor. Two, please. First one is number 50, which initiates the text amendment process for the addition of compressed natural gas to our zoning ordinance. So moved. Second. Councilmember Farmer moved and Councilmember Ellinger seconded for second reading for number 50. All those in favor say aye. Aye. Anyone opposed? All right. Councilmember Farmer. And number 55 having to do with the closure of the Haley Pike landfill in order to keep that on track and take care of it in a timely manner. So moved. Councilmember Farmer moved. Councilmember K seconded second reading to number 55. All those in favor, say aye. Aye. Anyone opposed? All right. Are there other? Council Member Martin. Thank you, Vice President. I move to suspend the rules on item 49. This is the Neighborhood Development Funds, and so that these associations can proceed with their projects. So moved. Council Member Martin moved. Council Member Blues seconded to suspend the rules and give number 49 second reading. All those in favor, say aye. Anyone opposed? That motion passes. Any others? Okay, we have... Vice Mayor? Yes, ma'am. Oh, we have some requests from the administration. Number 35, which is the conditional offer resolution that we do every meeting, it authorizes us to make an offer to these employees so that they can take their physicals. Okay, number 35, do I hear a motion? So moved. Council Member Kay moved and Council Member Lawless seconded to give second reading to number 35. All those in favor say aye. Aye. Anyone opposed? Do you have others, Ms. George? That's it, just that one. Okay, does the administration have others? No? All right, let's do a quick recap. Second readings, we have number 35, we have number 45, 49, 50, and 55. All right, will you give second readings, please? Bless you. Number 35 for second reading. A resolution authorizing the Division of Human Resources to make a conditional offer to the following probationary civil service appointments. Brad Meacham, Building Inspector, Grade 113 N, 18.504 hourly in the Division of Building Inspection, effective upon passage of council. Daniel Arnold, Treatment Plan Operator, Grade 113 N, 16.993 hourly in the Division of Water Quality, effective upon passage of council. Ralph Ort, Treatment Plan Operator, Grade 113N, 25.169 hourly in the Division of Water Quality, effective upon passage of council. Alicia Boyd, Internal Auditor, Grade 118E, 2006-69-20 biweekly in the Office of Internal Audit, effective upon passage of council. Jose Rincon, Laboratory Technician, Grade 109N, 14.313 hourly in the Division of Water Quality, effective upon passage of counsel in Latricia Johns, telecommunicator, grade 111N, 14.943, hourly in the Division of Emergency Management, 9-1-1, effective upon passage of counsel, authorizing the Division of Human Resources to make a conditional offer to the following unclassified civil service appointment. Sharon Moore, Social Worker Senior, grade 113E, 2041-04, biweekly in the Division of Adult and Tenant Services, effective upon passage of counsel. Number 45. For second reading, a resolution authorizing and directing the mayor on behalf of the Irving County Government to execute and submit applications to the Kentucky Infrastructure Authority and to provide any additional information requested in connection with these applications for low-interest state revolving fund loans in the following amounts to facilitate the following projects. $6 million for the expansion area to a Class A pump station and trunk sewer project. $21,641,030 for the Town Branch Wastewater Treatment Flow Equalization Storage Tanks Phase I project. $1,630,843 for the Century Hills Trunk Sewer Replacement Project. $807,432 for the East Lake Trunk Sewer Replacement Project, $4,476,997 for the West Hickman Trunk Sewer Replacement Project A, $3,279,149 for the Woodhill Trunk Sewer Replacement Project, $9,428,670 for the Wolf Run Flow Equalization Storage Tank Project, $1,925,226 for the Bobolink Trunk Sewer Replacement Project, $2,320,406 for the Wolf Run Trunk Sewer Replacement Phase A Project, $447,032 for the various stormwater management projects Phase I, $3,524,500 for various stormwater management projects Phase II, and $926,000 for the Anniston-Wickland Stormwater Improvement Phase 3, number 49. A resolution authorizing the mayor on behalf of the Irvin County Government to execute agreements with Pasadena Neighborhood Association, $300, Cardinal Valley Neighborhood Association, $500, and Temple of Prayer Church of God in Christ, $100 for the office of the Irvin County Council at a cost not to exceed the sums stated. Number 50, a resolution authorized initiating various zoning ordinance text amendments to Article 1, general provisions and definitions. Article 8, schedule of zones. Article 11, interchange service business zone. Article 12, planned shopping center zone. Article 16, general regulations for parking, loading areas, garages, automobile service stations, vehicle sales lots, and stacking area to authorize automobile and refueling stations for the dispensing of compressed natural gas or any liquefied petroleum. And number 55, a resolution authorizing the mayor on behalf of the Irvin County Government to execute change order number one to the contract with Skeps Industries for the closure of the Haley Pike Landfill, increasing the contract price by the sum of $32,298.75 from $834,201.72 to $866,500.47. Thank you. Thank you. Do I hear a motion? Second. A motion by Council Member Bluze, second by Council Member Baird. Will you take the vote, please? Mr. Stennett? Yes, ma'am. Mr. Beard? Aye. Mr. Blues? Yes. Mr. Ellinger? Yes. Mr. Farmer? Aye. Mr. Ford? Aye. Ms. Gorton? Aye. Ms. Henson? Yes. Mr. Kay? Yes. Mr. Lane? Yes. Ms. Lawless, Mr. Martin, and Mr. McCord. Yes. Thank you. Those items pass unanimously, 12-0. Do I hear a motion on communications from the mayor? Motion by Council Member Stennett, second by Council Member McCord, to approve communications from the mayor. Any discussion? All those in favor, please say aye. Aye. All those opposed? That motion passes. And then you have communications for information only. And, Councilmembers, do you have any announcements? If not, I was asked to bring to the attention of the Council that the Division of Grants and Special Programs has set Thursday, October 26th at 6 p.m. in this Council chamber as the public hearing for the proposed community development block grant, Section 108 loan of $6 million for the first, excuse me, the Fayette National Bank building. And so I believe each of you should have gotten that in your mailboxes. Now we have one person who's on for public comment, Mr. McCarthy. If you'll state your name and address, please. For the record, my name is Bernard McCarthy. My address is 515 Harry Street. I just want to point out that trying to dig up Town Branch, as was mentioned in the paper a few weeks back, would be, I think, a serious waste of money and a mistake. We really need all of the downtown streets we've got, including Vine and Midland, and then some. We can't afford to be ripping our streets out just to reopen a creek that was buried 100 years ago. And I don't think you want to be paying to buy out buildings and tear them down either. I mean, admit I think it's a pipe dream and we shouldn't waste tax money chasing such pipe dreams. Thank you, Mr. McCarthy. Is there anyone else who wishes to make public comment? If not, do I hear a motion to adjourn from Council Member Ellinger, second by Council Member Kaye. All those in favor say aye. Anybody opposed? We are adjourned. Thank you to all. Thank you.