Music Now it's working. Is it? Nope. Now it's working. Alright. Welcome. Everybody was saying this may be the biggest crowd yet, so we are so glad that everyone's here. This is a meeting of the Urban County Council. And first, for those of you who are not familiar with our procedures, the first thing we do is have a roll call. And the roll call is given by our council clerk, Susan Lamb. So, Madam Clerk, please call the roll. If you will give me just one quick second. The changeover from the Planning Commission to here knocked my attendance out, and I've just, in two seconds... We will be very patient. Look at how patient everybody is. Have it ready to go. State champion patience demonstrated. Now we're ready to rock. Okay. Mr. Blues. Here. Ms. Crosby. Yes, ma'am. Mr. Ellinger. Here. Mr. Farmer. Yes, ma'am. Mr. Ford. Here. Ms. Gorton. Here. Ms. Henson. Yes, here. Mr. Kay. Here. Mr. Lane. Here. Ms. Lawless. Mr. Martin, Mr. McCord, Mr. Myers, Mr. Stenet, and Mr. Beard. Thank you. Thank you, Madam Clerk. Next on our agenda is the invocation, and tonight's invocation is being offered by Pastor Jonathan Smith. And Pastor Smith has been in Lexington since all of September 22nd. But he comes to Lexington by way of Huntsville, but originally from Chicago. And he and his family, his wife and three kids, have been here now since September 22nd. And he is the pastor at the Lima Drive Seventh-day Adventist Church. Pastor Smith. Shall we pray? Eternal God, I do ask and invite your presence here tonight as this council seeks to do the business of the people of the city of Lexington and Fayette County. I do ask that you will impart your wisdom on this esteemed council and grant them insight and foresight to make decisions that will be beneficial to all of its constituents. I ask that you will lead and guide our Honorable Mayor in this council meeting tonight. And I thank you for hearing and answering this prayer. Amen. Thank you, Pastor Smith. And on the way out, I just want to say to share with the council that when Pastor Smith came to Lexington, he called and asked us if we could meet with him. He met with Glenn Brown and others. He wanted to know how he could reach out and help in the community. And the suggestion was made by Glenn, I believe, to contact Laura Hatfield, and he's already been involved with Laura and Partners for Youth and all the good work going on there. So thank you, sir. Thank you so much. Thank you, sir. All right. Next on our agenda is minutes from previous minutes, from previous meetings, rather. Is there a motion to approve three sets of meetings? Motion by Council Member Ellinger, seconded 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. We have two proclamations tonight, and what I'd like to do is invite Council Member George Myers to please join me down at the podium for the first presentation. Thank you. So just two weeks ago, these girls endured a two-hour weather delay in two overtimes and a penalty shootout to beat Lone Oak for the program's first-ever state title. In honor of their outstanding achievement, we are declaring today Tates Creek High School Women's Soccer Day. Yeah, there you go. Now, Councilmember George Myers is a Tates Creek alum, and he is very proud. In fact, he said up there, he said, yeah, I got on the sweatshirt, and he said, I'm nervous about this. He's never nervous, so y'all, this is something. Thank you. Thank you, Mayor. It is with great pride and joy and honor that we're here today to represent Taste Creek and to honor you young women for your accomplishment. And what always thrills me is that in order to do what you guys did, it takes effort and dedication on the field but also in the classroom as well, And that's very important. And so it's very cool to note that Coach Bo Langster won about 30 years ago, almost this week. He won a state championship with Catholic and their boys' soccer team. And his dad, Jim, was the coach. And so now he's coaching at Tate's Creek. He has three daughters on the team. So we see the apple doesn't fall far from the tree. And so he has on the team his three daughters, which are Ari Langster and Aaron and Bailey. Thank you. And so this time we're going to present the proclamation to the team captains, which are Ari Langster, Eileen Simpson, and Abby Von Bussin. All right. All right, girls. Okay. Thank you. captains. Okay, you all have already done that. All right. We present the proclamation, and now Senior Jessica Richardson will tell us a little bit more about this season. Hi. As the Mayor said, I'm Jessica. I'm a senior with the Tate's Creek Girls Soccer Team, and over the last four years, and especially this season beginning in June, we have worked unbelievably hard to accomplish what we have, which is our school's first ever state championship, which is exciting. But we couldn't have done it without such a supportive community, and we really want to thank you all for recognizing all the hard work that we've put in, and we appreciate all that you do. Okay, now finally, head coach, proud father, Bo Langster, is here to introduce the whole team. So what we'll ask is that when you're introduced, if you will walk to the front of the room so we can get a big picture and all the council members will join, convene behind everybody. Okay, coach? First off, before I announce the team members, I would like to thank the council members. I'd also like to thank Council Member Myers, and I'd also like to thank Mayor Gray for this opportunity to recognize our team and the fact that we brought the state championship back to Lexington. Thank you all for your support, and we're proud of that. Alright girls when I call your names if you would come up to the front and get kind of like in a horseshoe Sarah Williams Haley Pointer Michaela Shearer Sophia Daniel Jensen Butler Sarah Jordan Michaela Cofer Bailey McNeese Catherine Heim, Madison Gayhart, Kira Turner, Sidney Isaacs, Kayla Carter, Hannah Hillard, Christine Walraven, and Danielle Doring. And that's our JV team. Our varsity members are Allie Pogue, Ashley Whaley, Hannah Cardos, Bailey Langster, Erin Langster, Maisie Frye, Arlie Langster, Katie Workman, Shelby Sagabarth, Abrianna McKinney Ashley Van Hooser Haley Blackburn Sarah Patterson and Kayla Caton and it would be a mistake on my part if I didn't recognize my wonderful assistant coaches Allie Tucker Craig Schroeder Kelsey Burke and Jordan Parker applause applause applause Thank you. Thank you. Thank you. Oh, funny. There we go, guys. Now we're going to take a lot of predictions here. I'm going to try and put a tune in somebody else's message. Right there in here, guys. It's going to be a nice smile. Thank you. Thank you. Thank you. Congratulations. Thank you all so much. Great having you here. Thank you. Margaret. Hey. All right. Our second presentation tonight is in recognition of Nurse Practitioner Week. And Nurse Practitioner Week runs from November 11th through the 17th. and I would like to invite Dr. Julie Marfeld to please join me at the podium. Nurse practitioners are a major part, of course, of the health care industry, and we are certainly grateful for their contributions and dedication to the health and wellness of our community. And so I am presenting this proclamation as Nurse Practitioner Week to you, Dr. Marfeld. And would you please, I know you have some remarks, please share them. Thank you so much. Thank you very much. Thank you very much. Well, I'd first like to thank the Council and Mayor Gray for giving us this opportunity and for acknowledging Nurse Practitioner Week. There are 155,000 nurse practitioners in the United States right now, and in the Lexington area alone there are right around 400. So we are there, we are here, and we are your partners in health. If you need to be examined, if you need to be diagnosed, If you need a prescription or you need to have any kind of health education, we are here for you. We are in our own clinics. We are in physician's offices. We are in hospitals, Kroger, Walmart, schools, every place you can imagine we're there, and we're there for you. I would like to take this opportunity to ask that everybody from Frontier University stand up, please. all of my students and graduates and my friend Margaret Long, who is also a nurse, and anyone else who is a nurse here in the... Our vice mayor. I believe our vice mayor is a nurse. Anyone else who is a nurse to please stand. There we go. Yes, Margaret is a big supporter of us. So, G, why don't we get a picture, everybody. come up front just like we saw just a minute ago. Council members, great. Thank you. Thank you very much. Thank you for keeping her toes. All right. All right. Next on our agenda are ordinances for a second reading. Madam Clerk, when you're ready. Ordinance number one, an ordinance amending Article 1 and Article 8 of the zoning ordinance to amend the definition of banquet facilities to delete the requirement that the use must take place within a building currently or formerly used as a residence. Number two, an ordinance submitting Article VI of the Zoning Ordinance to increase the notification requirements for a Zone Map Amendment request, also known as Zone Change Application, for properties a distance of 500 feet from the subject property. Number three, an ordinance closing King Street, determining that all property owners abutting the street to be closed have been identified, provided with written notice of the proposed closing, and consented thereto in writing, and authorizing and directing the mayor on behalf of the urban county government to execute a quitclaim deed transferring the former right-of-way of 321 Henry, LLC, and Onan Properties, LLC, subject to the reservation of easements for access and maintenance of existing utilities. in the former right-of-way. Number four, an ordinance amending Section 22-52 of the Code of Ordinances, abolishing one position of Program Manager Senior Grade 120E and creating one position of Construction Manager Grade 122E in the Department of Environmental Quality and Public Works, appropriating funds pursuant to Schedule Number 19, effective upon passage of Council. Number five, an ordinance of the Council of the Lexington-Fade, urban county government authorizing and approving the execution and delivery of a third 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 reissuance of an amount not to exceed eight million dollars and an aggregate principal amount of lexington fade urban county government excuse me lexington fade urban county airport board variable rate general airport revenue refunding bonds 2009 series b lexington fade urban county government general obligation non-AMT for all the purpose of currently refunding all of the Board's outstanding $16,420,000 variable rate general airport revenue refunding bonds 2009 Series B, Lexington-Fayette-Urban County Government general obligation non-amount at the Bluegrass Airport in Fayette County, Kentucky. Number 6, an ordinance submitting Section 22-52 of the Code of Ordinances abolishing one position of Council Administrative Specialist Grade 115E and creating one position of Council Staff Specialist Grade 109N in the Council Office appropriating funds pursuant to Schedule 20, effective upon passage of Council. Number 7, an ordinance submitting certain of the budgets of the Lexington Bay and Urban County Government to reflect current requirements for municipal expenditures in appropriating and reappropriating funds. Schedule number 18. Number 8, an ordinance amending Section 2-465 of the Code of Ordinances of Lexington-Fayette-Urban County Government related to the Corridor's Commission to add a non-voting member from the Office of the Commissioner of Planning, Preservation, and Development. And number nine, an ordinance creating Section 14105 of the Code of Ordinances, Lexington-Fade, Urban County Government, pertaining to civil enforcement of littering violations and providing for classifying the offense of littering prescribed by KRS 512.070, subsection one, as a civil offense pursuant to KRS 512.070, subsection four, and authorizing issuance of civil citations for littering, designating the Environmental Hearing Board as the Code Enforcement Board, having authority to determine whether a violation has occurred, establishing administrative procedures to contest citations, fixing civil penalties for littering violations in the following amounts, $50 first offense uncontested, $75 first offense contested, $200 second offense uncontested, $300 second offense contested, $500, third or subsequent offense uncontested, and $750, third or subsequent offense contested. Designating use of penalty amounts received as follows, 75% to keep Lexington beautiful for litter education and abatement, and 25% to the issuing division or agency authorizing liens and imposing personal liability for civil penalties and costs of enforcement. amending subsections 14-10 F4 and 14-10 F9 of the Code of Ordinances to designate citation officers to enforce this ordinance and amending section 16-76 of the Code of Ordinances to authorize the Environmental Hearing Board to hear matters relating to enforcement of this ordinance all effective on January 1, 2013. Motion to approve. Second. Thank you. Motion by Council Member Ellinger, second by Council Member Myers to approve the second reading of ordinances. Is there any discussion on the motion? All right. Hearing none, then I'll ask the clerk to please call the roll. Madam Clerk. Mr. Blues? Yes. Ms. Crosby? Yes, ma'am. 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. Mr. McCord? Yes. Mr. Myers? Yes. Mr. Stennett and Mr. Beard. Oh, sorry. I keep calling his name. Maybe he'll answer. Thank you. Thank you, Madam Clerk. The vote reflects passage of the motion. And whenever you're ready, we'll move on to the first reading of ordinances. Ordinance number 10. An ordinance of the Lexington-Fayette-Irvin County government making certain findings concerning and establishing a development area for economic development purposes within the Lexington-Fayette Urban County to be known as the 21C Lexington Development Area, approving a local participation agreement between Lexington-Fayette Urban County Government and the Lexington Downtown Development Authority, Incorporated, approving a master development agreement among Lexington-Fayette Urban County Government, the Lexington Downtown Development Authority, Incorporated, and 21C Lexington, LLC, establishing an incremental tax special fund for payment of approved public infrastructure and project costs designating the Lexington Downtown Development Authority, incorporated as the agency responsible for oversight, administration, and implementation of the development area, authorizing the mayor and other officials to take such other appropriate actions as are necessary or required in connection with the establishment of the development area, approving submission of a Section 108 loan package to the U.S. Department of Housing and Urban Development, approving the making of a $1 million loan to 21C Lexington, LLC, and authorizing the mayor and other officials to take such other appropriate actions as are necessary or required in connection with Section 108 loan and the LFUCG loan. Number 11, an ordinance amending Section 2152 of the Code of Ordinances is abolishing one position of Code Enforcement Officer Senior, Grade 114E, and creating one position of Code Enforcement Officer, Grade 113N, in the Division of Grants and Special Programs, and appropriating funds pursuant to Schedule No. 21, effective upon passage of counsel. Number 12, an ordinance amending Section 2152 of the Code of Ordinances is abolishing one position of Planner, Grade 113E, and creating one position of Planner Senior, Grade 117E, in the Division of Planning, appropriating funds pursuant to Schedule No. 23, effective upon passage of Council. Number 13, an ordinance amending Section 2-458 of the Code of Ordinances, changing the membership requirements of the Commission for Citizens with Disabilities. And number 14, an ordinance amending certain of the budgets of the Lexington-Fayette-Irban County Government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds Schedule Number 24. Thank you. Thank you, Madam Clerk. Are there any motions or suspensions? All right. If none, then we can move on to second read of resolutions when you are ready, Madam Clerk. Resolution number one, a resolution accepting the bid of Bluegrass Towing Incorporated establishing a price contract for towing of LFUCG vehicles for the Division of Facilities and Fleet Management. Number two, a resolution accepting the bid of Sapphire Cleaning Service, LLC. a price contract for custodial services, Downtown Arts Center for the Division of Facilities and Fleet Management. Number three, a resolution accepting the bids of Graybar, Annexter, Incorporated, and Rexel Incorporated, establishing price contracts for fiber optic cable and control equipment for the Division of Traffic Engineering. Number four, a resolution accepting the bids of Lexington Quarry Company and Vulcans Materials Company, establishing price contracts for ROC for the Division of Streets and Roads. Number five, a resolution accepting the bid of J&B contracting, establishing a price contract for traffic signal installation and maintenance for the Division of Traffic Engineering. Number six, a resolution ratifying the probationary civil service appointments of Tracy McElroy, staff assistant senior grade 108 in 16.400 hourly in the Division of Building Inspection effective November 5, 2012, and Thad Scott, Environmental Enforcement Specialist, Grade 115E, 182568, biweekly in the Division of Environmental Policy, effective November 19, 2012, ratifying the probationary sworn appointment of Keith Jackson, Fire Chief, Grade 324E, 500410, biweekly in the Division of Fire and Emergency Services, effective June 25, 2012, ratifying the permanent sworn appointments of Roger Holland, Police Lieutenant, Grade 317E, in the Division of Police, effective August 20, 2012. Number 7. A resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute Change Order No. 1 to the contract with Verdon Company for restoration of historic Scholar Street Clock for the Division of Historic Preservation, increasing the contract price by the sum of $1,000, from $25,415 to $26,415. Number eight, a resolution authorizing the mayor on behalf of the urban county government to execute a facility usage contract with Fayette County Board of Education for rental of Norseworthy Auditorium for Kitty Capers. Number nine, a resolution authorizing and directing the mayor on behalf of the urban county government to accept a grant from the Kentucky Transportation Cabinet, which grant funds are in the amount of $685,000 federal funds off of the construction phase of the Grimes Mill Road Bridge Project, the acceptance of which does not obligate the urban county government for the expenditure of funds, and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 10, a resolution authorizing the mayor on behalf of the urban county government to execute an amendment to the lease agreement with Ann Towery Gallery Limited for the lease of space at the Downtown Arts Center, 141 through 143 East Main Street. Number 11, a resolution authorizing the mayor on behalf of the urban county government to execute a memorandum of understanding with the U.S. Attorney for the District of Columbia, the Metropolitan Police Department of Washington, D.C., for the 2013 presidential inauguration. Madam Clerk, excuse me just a minute. We have three citizens who wish to speak to item number 12. I have three signed up. Brandon Dunn, Mr. Brandon Dunn, Corey Dunn, and Patrice Mohammed. Wow, I'll be using Corey's time. So, Corey's time? Okay, Brandon. All right, sir. We can just pass them around if you want to, Brandon. No, that's fine. I'm used to doing so much work. Yeah, you're not going to go to work. Thank you, sir. All right. Brandon, we all, of course, know you, but for the record, you know the procedure. If you'll give your name for the record and address, that'd be great. Thank you, sir. Brennan Dunn, 2709, Red Clover Lane, Lexington, Kentucky, 40511. I'm here today on behalf of community organizers of Lexington and as the founder of that organization and as vice president of our local NAACP, Chapter 3097. I'm here today to make sure that the community development block grant funds Section 108 loan is going to be utilized properly. Section 108 loan states that this loan agreement is for low to moderate low-income families or to aid in the prevention of slums, which, of course, our downtown Lexington, where this project will be taking place, isn't a slum. So I just would like to make sure that our city will utilize these funds properly in order to help low- to moderately low-income families. So with that being said, the $6 million that is going to be used on this project, we'd like to see it have a substantial impact on the quality of life for the people in these areas. So one thing that we'd like to see is we'd like to see 20% minorities on this project, 20% minorities being categorized as people of color with the understanding that white females in Lexington are considered minorities. And this would actually help our city reach its 10% minority business goal that it failed to reach previous. So if we could hire contractors, minority contractors on this project, that would ensure that this project, in fact, is going to have a significant impact on the quality of life. I've also spoken with CTE, the College of Technical Education, who said that they will also help provide us with qualified people to work on this project. and also spoken with Merlin Clark, who would also like to partner up with us on this project once she is also brought up to speed. Also, as far as the 150 jobs that 21C is planning on providing from this project, if it's not going to pay the cost of living wage, it's not going to have a substantial impact on the quality of life. For example, if you have a single-parent mother or father who is receiving governmental assistance and they are not receiving a cost-of-living wage and they're going to receive minimal income, that is going to take away from their governmental assistance and it's also going to raise their co-pays. So it would be better off for someone that is receiving governmental assistance to stay at home and not work more so than get a job receiving minimum income. So one thing that we would like to add, since we are basically, or our city will be the administrators of this project and can dictate what is going on, if they could make sure that an agreement is made that the 150 people or the 150 jobs that this project will create, will pay a cost of living wage to make sure that it will have a substantial impact on the quality of life with the understanding that this is what this money is used for. And using it to renovate a luxury hotel isn't going to have a substantial impact on the quality of life. So if this could actually be put into the application that's going to be filed, you know, we would greatly appreciate it and we would definitely support it. But however, if it's not, you know, we are poised to lead a very aggressive campaign to not support this project. So I would love to work with you to make sure that the HUD funds are being used and utilized properly to have a substantial impact on the quality of life. So I just really would like to let you all know that this is definitely a need because talking about slums and slum areas, our downtown is far from a slum, but there are several pockets of slums surrounding our downtown. So if we could utilize these funds to bring jobs to our city and pay them a cost of living wage, that will have a substantial impact on the quality of life. Thank you. Thank you. Thank you, Mr. Dunn. Patrice Muhammad. Okay. Patrice Muhammad, 400 Elm Tree Lane. I want to comment that this is a substantial amendment to the 2012 consolidated plan. In the past, we have tried to ask for an amendment to the consolidated plan for the Community Development Block Grant funds that will be more in line with what the law that established this fund as a part of the Housing and Urban Development Department, that Congress intended for community development block grant funds to directly impact low and moderate income communities through entrepreneurial programs, enterprise zones, so that people in these communities learn how to become entrepreneurs and that they have this type of knowledge that then benefits them economically as well as the cities and the communities in which they live. This type of amendment to the consolidated fund would not develop local entrepreneurs. Also, this amendment will take public funds and give it to a private corporation. You cannot take these public funds that are specifically for a low and moderate income individuals and give it over to the public sector. That's not the role of government to fund the private sector. If a private corporation would like to have $6 million, they should then go to a private investment bank or seek other type of investments. This is very much not intended for a public fund. Also, these jobs are not career jobs. And this places the government on, if 21C corporation defaults on this loan, given the present economic climate and fiscal cliff that we are facing, this could definitely be so. And the government will then jeopardize all future community development block grant funds to then pay for a private corporation that defaulted on its loan. Now that means that any future community development block grant money is then jeopardized. And future monies will not go for the intended purpose of these communities. And so I ask the council to please do not pass this. This is very ill-conceived. And you have an opportunity to help the people of your community by developing an entrepreneurial program. This is the intent. This is the better way to go. Thank you very much. Thank you, Ms. Muhammad. All right. Madam Clerk, you may proceed. Number 12. the Division of Internal Audit to purchase five additional user licenses from Global Compliance Services Incorporated for use in the LFUCG ethics tip line and authorizing the mayor to execute any necessary addendum or agreement with Global Compliance Services Incorporated related to the licenses at a cost not to exceed $1,500. Number 14, a resolution change in the street names and property addresses numbers of 253 through 255 and Street to 253 Shropshire Avenue of 664 through 676 Drive to 1246 Industry Road, and of 600 Greenfield Drive to 3775 Bellawood Drive, and changing the property address numbers of 1535 Lakewood Drive to 1545 Lakewood Drive, of 1141 Keys Road to 1145 Keys Road, of 659 Lima Drive to 655 Lima Drive, and of 353 through 357 Jefferson Street to 357 Jefferson Street, all effective 30 days from passage. Number 15, a resolution authorizing the mayor on behalf of the Urban County Government to execute a facility usage agreement with the Fayette County Board of Education for use of Windburn Middle School Gym for the Windburn Community Center Program. Number 16, a resolution authorizing the mayor on behalf of the Urban County Government to execute Change Order No. 1 to the Contract with Clonch Construction, LLC for the Green Acres Hollow Creek Stormwater Treatment Units to improve drainage for the Division of Water Quality, increasing the contract price by the sum of $2,800, from $184,000 to $186,800. Number 17, a resolution authorizing the Mayor on behalf of the Irvin County Government to execute a professional services agreement with E. Clark Tolman Real Estate Appraisal Services related to acquisition of sanitary sewer easements and or real property necessary to implement the remedial measures plan required by the consent decree. Number 18, a resolution authorizing and directing the mayor on behalf of the urban county government to execute an agreement with urgent treatment clinics to provide occupational wellness and services for the three-year term beginning January 1, 2013. Nineteen, a resolution authorizing the mayor on behalf of the urban county government to execute a memorandum of understanding with Fayette County Public Schools Division of Law Enforcement for sharing of the mobile data network. Twenty, a resolution authorizing the mayor on behalf of the urban county government to execute a mutual aid agreement with Bayek County Public Schools Division of Law Enforcement for Mutual Aid. Twenty-one, a resolution accepting the bids of the Allen Company, Inc., Boyd Gamble Excavating, and E.C. Matthews Company, Inc. establishing construction unit price contracts for the Division of Engineering. Twenty-two, a resolution authorizing the mayor on behalf of the urban county government to execute a rental agreement with the Lexington Center Corporation for use of the Opera House for Kitty Capers. 23, a resolution accepting the collective bargaining agreement with Lexington Professional Firefighters, IAFF Local 526, on behalf of the fire majors in the Division of Fire and Emergency Services. And number 24, a resolution amending resolution number 303-2012, establishing a residential parking permit program for the 1200 block of Castle Road for the portion of the road fronting on 1211 through 1231 on the west side and 1216 through 1240 on the east side from 8 a.m. to 4 p.m. Monday through Friday from September 1 through May 31st to add to the residential parking area the remainder of the 1200 block of Castle Road and the portion of the 1300 block fronting on 1304 Castle Road 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. 450-91 and 433-2006. Thanks. Second. Hold on. Motion by Council Member Ellinger, second by Council Member Blues to approve. Is there any discussion? Council Member Stinnett. Thank you, Mayor. Before that motion, I have a motion to untable. Mayor, would you want to entertain now or do you want to have a discussion on Council Member Ellinger's motion? His motion. We'll help approve them separately. Yeah, we'll just. All right. Council members, I emailed earlier today the Waste Management Task Force met and had an opportunity to go over the five-year plan that was on our docket for second reading a couple council meetings ago. And I emailed that revised copy to everyone this afternoon. There were some just more grammatical changes and a few word changes in the document. There were no material changes. However, the task force will keep pieces of it to review as we continue our work next year. We'll report out anything else additional we may want to change going forward when we report out on the Waste Management Task Force in general. So there were no material changes, and I move tonight to untable the resolution approving and adopting a solid waste management plan for Lexington Fett County for the 2013-2018 pursuant to KRS 22.43-340. Second. Motion by Council Member Stenet, second by Vice Mayor Morton. And there's two of them, so I apologize. guys. We've got a vote. All right. So we have a motion and a second. 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. Council Member Stennett. Thank you, Mayor. And I move to untable a resolution approving an update of area designation for the Solid Waste Management Plan for Lexington-Fedt County for 2013-2018, pursuant to KRS 224.43-340 and 224.43-345. Motion by Council Member Stannett, seconded by Council Member Henson. Is there any discussion on the motion? All right, hearing none, we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Thank you, Mayor. Thank you. Is there any further discussion on the original motion? All right, hearing none, then... I'm sorry. Chris, do you want to speak now? Yes, sir. Yes, sir. I'm sorry. Thank you, Mayor. Speaking to Resolution No. 12 in regards to the 21C project, I just, as we move this forward, I want to echo some of the comments that were made by the citizens, and they are some of the things that we've discussed around this horseshoe previously. It is very important that if this application is approved as a Section 108 pilot project, that we continue to monitor its impact to the low to moderate income community. And I have confidence in assets to support the grants office in doing so. Secondly, is that there is a resolution that's not tied to this discussion, but in regards to our minority business involvement. We passed a resolution nearly 20 years ago, and I think opportunities will present itself in the next few months for us to revisit it because we've come short of those goals. So I do just want to speak in regards to that as we move this forward. I'll support the resolution this evening. But, again, I think that the comments that were made, we should take heed to. Thank you, Mayor. Thank you, Council Member Ford. Council Member Martin. Thank you, Mayor. I'm just a little unclear on what the effect of Council Member Stenet's motions are. He made a motion to untable it, but you didn't put it on the docket. It was already on the docket for second reading, and we tabled it to review it, and I just untabled it. So it's on there for second reading again. Wait a minute. Madam Clerk, Susan. It needs to be read again at some point. I need to make sure I read these two before this official vote is taken. unless you want this vote just to reflect the second readings that are on the docket and then make another motion to approve these two separate. Why don't we just let you do the second read and then we'll take the vote. Okay. All right. Do we have any other? Thank you, Council Member Martin. Okay. These will be 24A and 24B because they're added under second readings. 24A, a resolution approving an update of area designation for the Solid Waste Management Plan for Lexington Fayette County for 2013 through 2018 pursuant to KRS 224.43-340 and to 24.43-345 and 24B, a resolution approving and adopting a solid waste management plan for Lexington Fayette County for 2013 through 2018 pursuant to KRS 22.43-340. All right. Thank you, Madam Clerk. All right. Is there any further discussion? All right. Hearing none, then I'll ask the clerk to please call the roll. Mr. Blues? Yes. Ms. Crosby? 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. Mr. McCord? Yes. Mr. Myers? Yes. Mr. Stennett? Yes, ma'am. And Mr. Beard? I'm sorry, I keep calling his name. We okay soon? Okay, all right. All right. All right, thank you. Madam Clerk, the vote reflects passage of the motion. Whenever you're ready, we can move on to the first reading of resolutions. Madam Clerk. Number 25, a resolution accepting the bid of Randall Davies Construction Company in the amount of $446,601.66 for the Brighton Reist Rail Trail Project Phase 2 for the Division of Engineering and authorizing the mayor on behalf of the Irvin County Government to execute any necessary agreement with Randall Davies Construction Company related to the bid. Twenty-six, a resolution accepting the bid of Smith Contractors Incorporated in the amount of $1,039,000 for the West Hickman Wastewater Treatment Plant odor control improvements for the Division of Water Quality and authorizing the mayor on behalf of the Irvin County Government to execute an agreement with Smith Contractors Incorporated related to the bid. Twenty-seven. A resolution accepting the bid of Clark Power Services, Inc., and Powertrain of Kentucky establishing price contracts for synthetic transmission fluid for the Division of Facilities and Fleet Management. Twenty-eight. A resolution accepting the bids of Hydraulic Specialists, Inc., and Powertrain of Kentucky establishing price contracts for hydraulic cylinder repair for the Division of Facilities and Fleet Management. Twenty-nine. A resolution accepting the bid of Oracle Elevator in the amount of $568,775 for Phoenix Building and Police Headquarters Elevator Renovation for the Division of Facility and Fleet Management and authorizing the mayor to execute in the necessary agreement with Oracle Elevator related to the bid. 30, a resolution accepting the bid of Arrow Electric Company in the amount of $352,541 for illuminated street name sign project phase 1 for the Division of Traffic Engineering and authorizing the mayor to execute any necessary agreement with Arrow Electric Company related to the bid. 31, a resolution accepting the bid of SENA Lawn Care Services, LLC, establishing a price contract for snow removal for the Division of Facilities and Fleet Management. Number 32, a resolution authorizing the Division of Human Resources to make a conditional offer to the following probationary civil service appointments. Theodore Adams, telecommunicator, Grade 111N, 17.401 hourly in the Division of Emergency Management 911, effective upon passage of counsel. Amy Harris, program administrator, Grade 117E, $2,003.76 biweekly in the Division of Youth Services, effective upon passage of counsel. Keoke King Paralegal, Grade 113N, 19.876 hourly in the Department of Law, effective upon passage of counsel, and Daniel Honeycutt, Laboratory Technician, Grade 109N, 12.339 hourly in the Division of Water Quality, effective upon passage of counsel, authorizing the Division of Human Resources to make a conditional offer to the following probationary sworn appointments, Myron Edward, Monica Stavulski, Joshua Shirk, Matthew Stinson, Misha Gosch, Leah Parker, Brandon Wallen, Alex Nesbitt, Michael Pointer, Eric Higgins, Zachary Jennings, Joseph Wath, Lindell Hester, and Clarence Franklin, Community Corrections Officer, Grade 110N, 14.344 hourly in the Division of Community Corrections, effective upon passage of counsel. 33. A resolution ratifying the probationary civil service, Appointments of Richard Morgan, Engineering Age Senior, Grade 109N, 15.794, hourly in the Division of Traffic Engineering, effective December 3, 2012. Christy Thomas, Administrative Specialist, Grade 110N, 16.953, hourly in the Division of Parks and Recreation, effective November 19, 2012. Daryl Doty, Police Analyst, Grade 111N, 22.091, hourly in the Division of Police, effective December 3, 2012. and Kim Nesbitt, Human Resources Generalist, Grade 118E, 2007-64, biweekly in the Division of Human Resources, effective November 29, 2012, ratifying the permanent sworn appointment of Christopher Young, Police Lieutenant, Grade 317E, in the Division of Police, effective October 30, 2012. Number 34, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an agreement with Earthman LLC for decorative streetlights at 420 Cross Street at no cost to the urban county government. Number 35, a resolution authorizing and directing the mayor on behalf of the urban county government to accept a grant from the U.S. Department of Justice, which grant funds are in the amount of $65,503 federal funds under the State Criminal Alien Assistance Program are for reimbursement of costs related to the incarceration of undocumented criminal aliens, 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. 36. A resolution authorizing and directing the mayor on behalf of the urban county government to execute and submit a grant application to the Kentucky Justice 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 $45,123 federal funds or for the continuation of the sexual assault nurse examiner program, the acceptance of which obligates the urban county government for the expenditure of $28,150 as a local match and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 37, a resolution authorizing the mayor on behalf of the urban county government to execute a mutual aid agreement with Catlitzburg Refining LLC for mutual emergency response assistance by or for the Division of Fire and Emergency Services at no cost to the urban county government. Number 38, a resolution authorizing and directing the mayor on behalf of the urban county government to execute a modification to agreement with the Kentucky Office of Homeland Security to permit the purchase of explosive storage boxes for the bomb squad project. 39. A resolution authorizing the mayor on behalf of the urban county government to accept the donation of 10 Graco Pack and Play cribs and related instructional materials valued at $500 from Safe Kids Fayette County for distribution to low-income families through the Division of Family Services Hands program. Number 40, a resolution authorizing the mayor on behalf of the urban county government to execute an amendment to the interlocal cooperation agreement with the Jessamine County Sheriff's Office to provide law enforcement power at homes recently constructed on properties that cross county border lines. 41, a resolution authorizing the mayor on behalf of the urban county government to execute facility usage agreements with various youth baseball leagues for fall youth baseball. 42. A resolution authorizing the Division of Emergency Management 911 to procure ongoing maintenance services, repairs, hardware, and software from Applied Digital, a sole source provider at a cost not to exceed $25,633 FY 2013, and authorizing the mayor to execute any necessary agreement with Applied Digital solutions related to the goods and services. 43. A resolution authorizing and directing the Mayor on behalf of the Irvin County Government to execute an agreement with Friends of Wolf Run for activities under the Wolf Run Creek Watershed-based plan at a cost not to exceed $16,000. 44. A resolution authorizing and directing the mayor on behalf of the urban county government to execute an internal revenue service sponsor agreement and civil rights assurance for volunteer income tax assistance programs at the Gainesway Center and the Central Kentucky Job Center at no cost to the urban county government. 45. A resolution authorizing and directing the mayor on behalf of the urban county government to accept a grant from the U.S. Department of Justice, which grant funds are in the amount of $345.15 federal funds, are for the purchase of bulletproof vests for the Fayette County Sheriff's Office, the acceptance of which does not obligate the urban county government for the expenditure of funds, and authorizing the mayor to transfer unencumbered funds within the grant budget. 46, a resolution authorizing the mayor on behalf of the urban county government to execute the 2012 amendable equitable sharing agreement with and certification with the Department of Justice and the Department of Treasury to make necessary changes and bring the FY 2012 equitable sharing agreement current. 47, a resolution amending Section 2 of Resolution No. 430-2012, which accepted the bill of Smith Contractors Incorporated for expansion area to a wastewater system improvements to change the amounts charged to the accounts from which payments will be made. 48, a resolution authorizing the Mayor on behalf of the urban county government to execute a grant award agreement awarding a Class B education incentive grant for a storm water quality project to Groups CJ LLC in the amount of $35,547. 49. A resolution authorizing the mayor on behalf of the Urban County Government to execute a release of easement releasing a storm sewer easement on property located at 3469 Clays Mill Road. 50. A resolution authorizing the mayor on behalf of the Urban County Government to execute a release of easement releasing a utility easement and street light easement on property located at 2250 Old Frankfurt Pike. Fifty-one. A resolution authorizing the mayor on behalf of the urban county government to execute a grant award agreement awarding a Class B education incentive grant for a stormwater quality project at Lansdowne Elementary School to the Board of Education of Fayette County in an amount of $3,500. Fifty-two. A resolution authorizing and directing the mayor on behalf of the urban county government to execute a software maintenance agreement and end-user license agreement with Horizon Information Systems, Inc. For the software for the representative payee program for the Department of Social Services at a cost not to exceed $586.50. Number 53, a resolution authorizing the mayor on behalf of the urban county government to execute a paramedic training program agreement with the University of Kentucky for paramedic training at no cost to the urban county government. Fifty-four, a resolution authorizing the Mayor on behalf of the Urban County Government to accept a donation of a Vulcan six-burner range and casters, valued at $1,758 from Seedleaf Incorporated for the Parent Education Program at the Family Care Center. Fifty-five, a resolution authorizing the Mayor on behalf of the Urban County Government to execute a multi-year land lease agreement with Leroy Dale to provide space for a shelter related to the public safety radio system at a cost not to exceed $8,000 in FY 2013. Fifty-six, a resolution authorizing the mayor on behalf of the urban county government to execute a rental agreement and catering contract with Lexington Center and Hyatt Regency for the annual police awards banquet. Fifty-seven, a resolution authorizing and directing the mayor on behalf of the urban county government to execute lease agreements with AIDS Volunteers Incorporated for the lease of urban county government property located at 851 Todd's Road and 1807 Dalton Court. 58. A resolution authorizing the mayor on behalf of the urban county government to execute an amendment to the purchase of service agreement with the Lexington Downtown Development Authority Incorporated for services related to the design guidelines for a design excellence program for downtown Lexington at a cost not to exceed $50,000. $59,000. A resolution authorizing the submission of an application for Kentucky Economic Development Finance Authority grant funds for the Bingham-McCutcheon LLP Economic Development Bond Project in the amount of $450,000 and authorizing the mayor to execute and submit a grant application and any and all other documents necessary for the submission of the application and development of the project, including any agreement with Bingham-McCutcheon LLP and to accept the grant funds if approved. Number 60, a resolution accepting the response of Public Financial Management Incorporated to RFP No. 25-2012 for consulting services related to the Police and Fire Pension Fund and authorizing the mayor to execute an agreement with Public Financial Management Incorporated related to these services in an amount not to exceed $149,089. and number 61. A resolution authorizing the Mayor on behalf of the Urban County Government to execute agreements with Quail Run Town Home Association, Inc., $550, Palomar Hills Community Association, Inc., $700, and Garden Springs Neighborhood Association, Inc., $700 for the Office of the Urban County Council at a cost not to exceed the sum stated. Thank you, Madam Clerk. Are there any motions for walk-ons or suspensions for second read? Mayor, the Division of Human Resources would request a second reading on number 32, which is your conditional offer resolution for employees. All right. Second. Motion by Council Member Stenet, seconded by Council Member Farmer. Is there any discussion on the motion? All right. All in favor, please say aye. Aye. Opposed, no. Motion passes. Commissioner Mason. I just have two to request for second reading, number 53 and number 55. And those are the reasons for those, Clay? One is to process, the 53 is to process the agreement with the University of Kentucky, so the paramedic class has all those approvals in place for their starting right after the first of the year. And the other one is, for the 55, is for the radio system for police to get that land lease signed so we can put the equipment on the tower. All right. Motion by Council Member Crosby, second by Vice Mayor Gordon. is there any discussion on the motion all right hearing none then take a vote all in favor please say aye opposed no motion carries all right um councilman martin thank you mayor i request uh waiver the rules to give second reading to item 61 so that these uh ndf funds can be dispersed to the various community agencies. So moved. Motion by Council Member Martin, second by Council Member Crosby. Is there any discussion on the motion? All right. Hearing none, we can take a vote. All in favor, please say aye. Opposed, no. Motion carries. Council Member Lawless. Council Member Lawless. I'd like to suspend the rules and request the second reading on number 54, the donation of the range from seed leaf to for the parent education program at the Family Care Center? Motion by Councilman Lawless, second by Councilman Crosby on number 54. Is there any discussion on the motion? Okay, hearing none, we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. All right. If there are no further motions, then I will ask the clerk to please call the roll. No, actually, give a second read, then call the roll. Yes, ma'am. Number 32. A resolution authorizing the Division of Human Resources to make a conditional offer to the following probationary civil service appointments. Theodore Adams, Telecommunicator, Grade 111N, 17.401 hourly. In the Division of Emergency Management, 911, effective upon passage of counsel. Amy Harris, Program Administrator, Grade 117E, $2,003.76 biweekly in the Division of Youth Services, effective upon passage of counsel. Keokie King, paralegal, grade 113N, 19.876 hourly in the Department of Law, effective upon passage of counsel. And Daniel Honeycutt, laboratory technician, grade 109N, 12.339 hourly in the Division of Water Quality, effective upon passage of counsel. Authorizing the Division of Human Resources to make a conditional offer to the following probationary sworn appointments Myron Edward Monica Storsky's Joshua Sherp Matthew Stinson Misha Gash Leah Parker Brandon Wallin Alex Nesbitt Michael pointer Eric Higgins Zachary Jennings just Joseph Worth Lindale Hester and Clarence Franklin Community Corrections officers grade 110 and 14.344 hourly in the division of community corrections effects upon passage of council Number 53. A resolution authorizing the mayor on behalf of the urban county government to execute a paramedic training program agreement with the University of Kentucky for paramedic training at no cost to the urban county government. 54. A resolution authorizing the mayor on behalf of the urban county government to accept the donation of a Vulcan six-burner range and casters valued at $1,758 from SeedLeaf, Incorporated for the Parent Education Program at the Family Care Center. 55, a resolution authorizing the mayor on behalf of the Urban County Government to execute a multi-year land lease agreement with Leroy Dale to provide space for a shelter related to the public safety radio system at a cost not to exceed $8,000 in FY 2013. and number 61. A resolution authorizing the mayor on behalf of the Urban County Government to execute agreements with Quail Run Town Home Association, Inc., $550, Palomar Hills Community Association, Inc., $700, and Garden Springs Neighborhood Association, Inc., $700 for the office of the Urban County Council at a cost not to exceed the sums stated. Thank you. Thank you, Madam Clerk. Motion to approve. Motion to approve by Council Member Ellinger, second by Council Member Myers. Is there any discussion on the motion? All right. Hearing none, I'll ask the Clerk to please call the roll. Mr. Blues? Yes. Ms. Crosby? Yes, ma'am. 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. Mr. McCord? Yes. Mr. Myers? Yes. And Mr. Stinnett? Yes, ma'am. Thank you, Madam Clerk. The vote reflects passage of the motion. Next on our agenda, communications from the mayor. Is there a motion? Motion by Councilman Crosby, seconded by Councilman Blues. Is there any discussion on the motion? Hearing none, we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Next on our agenda for information only, communications. and next on the agenda, announcements. Are there any announcements by council members? Mayor. Council Member McCord. Just to reiterate the invitation to the public as well as to my colleagues on Sunday night at the Manual Baptist Church from 630 to 830, it's a Veterans Legacy Night. It's an evening to honor our veterans and our community, and it's a free evening. We'd love to have you come out. Thank you so much. Thanks, Council Member McCord. All right. Mr. Mundy, anybody signed up? Thank you, sir. Is there a motion to Councilman? Wait, whoa, whoa, whoa. Sorry, I didn't see. Councilman Henson. Thank you, Mayor. I was a little late punching in, so you're okay. Oh, thank you. Thanks for the forgiveness. I'm going to be sending out an email to everyone that the Salvation Army is again recruiting celebrity bell ringers. And they do have an emergency need for this Saturday, if anyone's available. But I'll send out the emails and there's multiple dates that we can choose. I think I'm signed on. And I think that would also go for our commissioners. You're casting a wide net there. Council Member Elects, commanders, police, fire. Okay. But I'll send that out, and I appreciate it if anyone is willing to help. Thank you. Thank you. Council Member Ellinger? How is that? Council Member Myers. Thank you, Mayor. After the last time that this conversation came up, I didn't think we'd be revisiting this, but since we did this a few years ago and I threw the challenge out and walked away with it, I guess we'll throw it back out again this year. And I think I came in maybe two or three times the hall that anybody else on the council or the mayor came in with. So we'll have to see what you guys want to do this year. Okay? You're going to do it. So. Woo! It's getting rough. Thank you, Council Member Myers. Council Member Ellinger. Thank you, Mayor. I will be ringing the bell between 3 and 5 this Saturday out at the Sears. So regardless of who wins, everybody's a winner in this community. So let's get out and ring that bell. But I still do have that challenge that I am going to work hard to try to beat your record. So I will be working hard to try to get that. But everybody's a winner here helping the Salvation Army. Thank you. We've got a voice from the right over here. Council Member Lawless. I, too, just wanted to comment on whether or not we were going to have a challenge here about who could raise the most money. And I'm still wondering if you ever found now mayor, then Vice Mayor Gray's kettle that went missing when he rang four or five years ago. That was apocryphal. That was entirely, yeah, that was all made up. I can't believe it. We rang one time. We did? No, that's right. Yeah. All right. Well, I think this demonstrates how much enthusiasm, a lot of enthusiasm, Peggy, so thank you for your encouragement, everybody. There's a motion by Council Member Crosby to adjourn, and there's a second by Vice Mayor Gordon. Unless there's an objection, we will stand adjourned. Thank you.