# Urban County Council Meeting - November 29, 2012 > Auto-transcribed civic record · November 29, 2012 - **Permalink**: https://meetings.lexingtonky.news/meeting/2776 - **Source video**: https://lfucg.granicus.com/player/clip/2776?view_id=14&redirect=true - **Date**: 2012-11-29 - **Last revised**: July 16, 2026 - **Length**: 7,629 words > ⚠️ **Auto-generated content.** Audio from the official Granicus video was auto-transcribed with OpenAI's open-source Whisper large-v3-turbo model, run locally by The Lexington Times. Structured facts were extracted with GPT-4o; the narrative summary was written by Anthropic Claude. Verbatim wording may contain errors. See [methodology](https://meetings.lexingtonky.news/about/methodology) or [report a correction](mailto:editor@lexingtonky.news). --- ## Meeting Overview The Urban County Council met on November 29, 2012, at 6:00 p.m. in the Council Chambers at 200 E. Main Street in Lexington, Kentucky, with Mayor Jim Gray presiding. The council conducted a substantial legislative session, taking 44 motions and votes on 84 agenda items while hearing 1 public comment. The meeting addressed a diverse range of municipal matters, including zoning and development initiatives, budget re-appropriations, infrastructure projects, and various grants and service agreements. Among the significant items approved were ordinances related to the 21c Lexington Development Area, code enforcement and planning position changes, urban services district expansions, and budget adjustments. The council also approved numerous resolutions covering topics such as capital projects, equipment purchases, grant acceptances, and intergovernmental agreements. Several items, including Ordinance 1227-12 on the Historic District Overlay Zone and multiple resolutions on topics ranging from civil service appointments to inducements for economic development, were advanced to first reading for further consideration at a subsequent meeting. ## Attendance **Present:** Ellinger, Farmer, Ford, Gorton, Henson, Kay, Lane, Lawless, McChord, Myers, Stinnett, Blues, and Crosbie **Absent:** Martin and Beard **Late:** None ## Votes and Decisions The Council passed 48 motions and resolutions during this meeting, with all votes conducted as roll calls. The voting body consisted of 13 members: Ellinger, Farmer, Ford, Gorton, Henson, Kay, Lane, Lawless, McChord, Myers, Stinnett, Blues, and Crosbie. **Ordinances** [timestamp: 00:08:20] Four ordinances passed unanimously (13-0): - **Ordinance 1140-12**: Approval of the 21c Lexington Development Area, including a Local Participation Agreement, Master Development Agreement, Incremental Tax Special Fund, and a $1M loan to 21c Lexington LLC (motion by Ellinger, second by Stinnett) - **Ordinance 1142-12**: Amendment to abolish one Code Enforcement Officer Sr. position and create one Code Enforcement Officer position in the Division of Grants and Special Programs (motion by Ellinger, second by Stinnett) - **Ordinance 1157-12**: Amendment to abolish one Planner position and create one Planner Sr. position in the Division of Planning (motion by Ellinger, second by Stinnett) - **Ordinance 1219-12**: Amendment to change membership requirements of the Commission for Citizens with Disabilities (motion by Ellinger, second by Stinnett) - **Ordinance 1223-12**: Amendment to budgets to reflect current municipal expenditures and re-appropriation of funds (motion by Ellinger, second by Stinnett) **Resolutions** [timestamp: 00:23:26] Thirty-nine resolutions passed unanimously (13-0), covering bid acceptances, grant authorizations, agreements, and facility usage. Notable items included acceptance of bids from Randle-Davies Construction Co. for the Brighton East Rail Trail Project Phase II, Smith Contractors for West Hickman Waste Water Treatment Plant improvements, and Oracle Elevator for building elevator renovations. The Council also authorized acceptance of federal and state grants, including a U.S. Department of Justice grant for undocumented criminal alien incarceration reimbursement and a Kentucky Justice Cabinet grant for the SANE Program with a $28,150 local match. **Special Votes** **Resolution 1271-12** (conditional civil service appointments) initially passed 12-1 [timestamp: 00:26:04], with Blues voting against a motion to remove William Azevedo, Construction Manager, Grade 122E (motion by Crosbie, second by Farmer). The resolution was then amended and passed unanimously 13-0 [timestamp: 00:44:27] (motion by Ellinger, second by Crosbie). **Resolution 63** (Kentucky Utilities Co. settlement) passed 13-0 [timestamp: 00:49:16] subject to approval of the Kentucky Public Service Commission (motion by Crosbie, second by Ellinger). **Resolution 67** (residential parking permit program for 200 block of Dantzler Court) passed 13-0 [timestamp: 00:41:34] (motion by Myers, second by Lawless). ## Budget and Financial Actions The meeting approved numerous contracts and grants across multiple city departments and services. **Construction and Infrastructure Projects** The council authorized several major construction contracts: - Brighton East Rail Trail Project - Phase II: $446,601.66 to Randle-Davies Construction Co. (Resolution 1151-12) - West Hickman Waste Water Treatment Plant Odor Control Improvements: $1,039,000 to Smith Contractors, Inc. (Resolution 1156-12) - Phoenix Building and Police Headquarters Elevator Renovation: $568,775 to Oracle Elevator (Resolution 1171-12) - Illuminated Street Name Sign Project - Phase I: $352,541 to Arrow Electric Co. (Resolution 1197-12) **Maintenance and Service Contracts** The city approved contracts for ongoing maintenance and services, including: - Facility Management Services for Fayette County Courthouses: $412,213 to Meridian Management Corporation (Resolution 60) - Public Safety Radio System: $247,000 to Windstream Communications (Resolution 44) - Consulting Services for Police and Fire Pension Fund: $149,089 to Public Financial Management, Inc. (Resolution 1196-12) - Software Maintenance and End User License Agreement: $586.50 to Horizon Information Systems, Inc. (Resolution 1172-12) - Mainframe Software License: $14,000 to Unicom Systems, Inc. (Macro4) (Resolution 48) Additional contracts were approved for synthetic transmission fluid, hydraulic cylinder repairs, snow removal, and police awards banquet rental and catering, though specific amounts were not specified for these items. **Grants Received** The city accepted multiple grants totaling over $989,518.15, including: - Fiber Optic Cable Installation: $320,000 from Kentucky Transportation Cabinet (Resolution 61) - Bingham McCutchen LLP Economic Development Bond Project: $450,000 from Kentucky Economic Development Finance Authority (Resolution 1188-12) - Bluegrass Summer Games: $52,500 from Bluegrass State Games, Inc. (Resolution 62) - SCAAP Program: $65,503 from U.S. Department of Justice (Resolution 1133-12) - SANE Program: $45,123 from Kentucky Justice Cabinet (Resolution 1134-12) - Class B Education Incentive Grants: $35,547 to Group CJ, LLC and $3,500 to Board of Education of Fayette County (Resolutions 1166-12 and 1170-12) - Body Armor Vests: $16,500 from Kentucky Office of Homeland Security (Resolution 45) - Bulletproof Vests: $345.15 from U.S. Department of Justice (Resolution 1162-12) **Community Contributions** Resolution 47 authorized contributions to multiple community organizations totaling $16,375, including donations to Girls on the Run, Fraternal Order of Police, neighborhood associations, and various civic organizations. ## Public Comment Bernard McCarthy addressed the board regarding tax incentives for businesses [timestamp: 00:56:18]. Mr. McCarthy opposed the resolutions under consideration that would grant tax inducements to businesses. He argued that such incentives divert revenue away from infrastructure needs and fail to effectively address unemployment in the community. Additionally, Mr. McCarthy raised concerns about the potential impact of excavation work on Town Branch as part of the proposed projects. ## Appointments The following appointments and conditional offers were made during this meeting: **Appointments:** * Richard Morgan – Div. of Traffic Engineering * Kristie Thomas – Div. of Parks and Recreation * Darrell Doty – Div. of Police * Kim Nesbitt – Div. of Human Resources * Viola Howard – Div. of Parks and Recreation * Evelyn Bologna – Div. of Parks and Recreation * Daro Handy – Div. of Parks and Recreation * Richard Bello – Div. of Youth Services * Rahsaan Berry – Div. of Police **Reappointment:** * Christopher Young – Div. of Police **Conditional Offers:** * Christopher Phillips – Div. of Waste Management * Tara Gentry – Div. of Building Inspection * Elizabeth McKinney – Div. of Family Services * Gabriel Hensley – Div. of Water Quality * Donald Bowen – Div. of Water Quality * Robert Hall – Div. of Water Quality * Marcia Woodyard – Div. of Police * Allen Baldwin – Div. of Water Quality * William Azevedo – Dept. of Environmental Quality and Public Works * Chase Azevedo – Div. of Water Quality ## Contested Items **Tax Incentives for Businesses** A disagreement arose regarding the proposal to grant tax incentives to businesses. Mr. McCarthy opposed the measure, arguing that tax inducements divert revenue away from infrastructure projects and fail to effectively address unemployment concerns. His position reflected concerns that the proposed incentives would not deliver the intended economic benefits to the community. The nature of the disagreement centered on community opposition to the tax incentive proposal, with Mr. McCarthy serving as the primary voice articulating these concerns during the meeting. ## Ordinance 1140-12: 21c Lexington Development Area [timestamp: 00:06:12] The council approved Ordinance 1140-12, which established the 21c Lexington Development Area. The ordinance included three key components: a Local Participation Agreement, a Master Development Agreement, and a $1 million loan to 21c Lexington LLC. Oversight of the development area was assigned to the Lexington Downtown Development Authority. Key speakers on this agenda item included Ellinger and Stinnett. The ordinance was approved by the council. ## Ordinance 1142-12: Code Enforcement Officer Position Change [timestamp: 00:07:48] The council considered Ordinance 1142-12, which proposed changes to Code Enforcement Officer positions within the city government. **Action Taken** The council approved the ordinance, which abolished one Code Enforcement Officer Sr. position and created one Code Enforcement Officer position in the Division of Grants and Special Programs. **Key Speakers** Council members Ellinger and Stinnett participated in the discussion of this agenda item. **Outcome** The ordinance was approved. ## Ordinance 1157-12: Planner Position Change [timestamp: 00:07:48] The council considered and approved Ordinance 1157-12, which modified staffing within the Division of Planning. The ordinance abolished one Planner position and created one Planner Sr. (Senior Planner) position. Key speakers on this item included Ellinger and Stinnett. The council voted to approve the ordinance, which restructured the planning department's workforce by eliminating a standard planner role and replacing it with a senior-level position. ## Ordinance 1219-12: Commission for Citizens with Disabilities Membership [timestamp: 00:07:48] The council considered and approved Ordinance 1219-12, which amended the membership requirements of the Commission for Citizens with Disabilities. Key speakers on this item included Ellinger and Stinnett. The ordinance was approved by the council. ## Ordinance 1223-12: Budget Re-appropriation The council considered Ordinance 1223-12, which proposed amendments to municipal budgets to reflect current expenditures and re-appropriate funds accordingly [timestamp: 00:07:48]. **Key Speakers** Ellinger and Stinnett were the primary speakers on this agenda item. **Outcome** The ordinance was approved by the council. ## Ordinance 1227-12: Historic District (H-1) Overlay Zone [timestamp: 00:09:43] The council considered Ordinance 1227-12, which would establish a Historic District (H-1) Overlay Zone for properties located in Council District 5. King presented the ordinance to the council. The measure would create protective zoning designations for historic properties within the specified district. The council voted to place the ordinance on file for a public hearing. A public hearing on this matter has been scheduled for January 22, 2013, allowing community members and interested parties an opportunity to provide input before the council takes further action. This represents the first reading of the ordinance. ## Ordinance 1228-12: Commercial Woodlots in Industrial Zones [timestamp: 00:10:14] The council considered Ordinance 1228-12, which would permit commercial woodlots to operate in Light Industrial (I-1) and Heavy Industrial (I-2) zones, subject to specified restrictions. King presented the ordinance to the council. The proposal would allow commercial woodlot operations as a permitted use in industrial zones while maintaining regulatory controls to address potential impacts on surrounding areas. The council approved the ordinance, establishing a framework for commercial woodlot activities in designated industrial zones with the restrictions outlined in the measure. ## Ordinance 1243-12: Full Urban Services District #1 Expansion [timestamp: 00:10:45] The council considered and approved an ordinance to expand Full Urban Services District #1 to include additional streets within the service area. The expansion would extend the district's coverage for street lighting, street cleaning, and garbage collection services to the newly included streets. Wente presented the ordinance to the council. The expansion was approved by the council without noted objections or significant debate during the meeting. **Outcome:** The ordinance was approved. ## Ordinance 1244-12: Partial Urban Services District #3 Expansion [timestamp: 00:10:45] The council approved Ordinance 1244-12, which expands Partial Urban Services District #3 to include Katherine Place for garbage and refuse collection services. Wente presented the ordinance to the council. The expansion adds Katherine Place to the service district, enabling garbage and refuse collection services to be provided to that area. The ordinance was approved by the council. ## Ordinance 1245-12: Partial Urban Services District #5 Expansion [timestamp: 00:10:45] The council considered and approved an ordinance to expand Partial Urban Services District #5. The expansion adds Claridge Drive and Malvern Road to the district's service area for garbage collection and street lighting. Wente presented the ordinance to the council. The expansion was approved by the council. ## Ordinance 1183-12: Repeal of Firearm Dealer Licensing Section [timestamp: 00:11:17] The council considered Ordinance 1183-12, which proposed repealing Subsection 13-13(b)(11) of the Code of Ordinances related to firearm dealer licensing. The ordinance also included renumbering of subsequent subsections to maintain proper code organization following the repeal. O'Mara presented the ordinance to the council. No specific concerns or debate regarding the measure were documented in the available materials. The council approved the ordinance. ## Ordinance 1227-12: Budget Re-appropriation for UDAG and General Funds [timestamp: 00:11:50] The council considered Ordinance 1227-12, which proposed amending the budget to reflect current requirements for UDAG-funded projects and general funds. The ordinance sought to re-appropriate $1,153,397 in UDAG (Urban Development Action Grant) funds and $20,000 in general funds. Barrow presented the ordinance to the council. The discussion focused on adjusting budget allocations to align with the actual needs of ongoing projects and operations. The council approved the ordinance, authorizing the budget re-appropriation as presented. ## Ordinance 1241-12: Picnic with the Pops Commission [timestamp: 00:12:24] The council considered Ordinance 1241-12, which proposed amendments to the Picnic with the Pops Commission membership. **Proposal** The ordinance sought to modify the composition of the Picnic with the Pops Commission by removing one member from the Horse Park Board and adding one member from Keeneland. **Discussion** Emmons addressed the council regarding this agenda item. **Outcome** The ordinance was approved. ## Ordinance 1287-12: Redistricting Procedures The council considered Ordinance 1287-12, which would create Section 2-3.2 in the Code of Ordinances to establish procedures and guidelines for redistricting Council Districts. [timestamp: 00:12:24] Maynard presented the ordinance to the council. The measure aimed to formalize the processes and requirements for how the city would conduct redistricting of its Council Districts. The council approved the ordinance. ## Ordinance 1288-12: 2013 Council Meeting Schedule [timestamp: 00:12:24] The Urban County Council considered and approved Ordinance 1288-12, which establishes the meeting schedule for the Urban County Council for the calendar year 2013. Maynard presented this agenda item to the council. The ordinance was approved by the council, adopting the proposed schedule of meetings for 2013. ## Ordinance 1289-12: Noise Disturbance Prohibition The council considered Ordinance 1289-12, which amends noise regulations to prohibit disturbances from vehicles that are audible more than 10 feet away. [timestamp: 00:12:55] Maynard presented this ordinance to the council. The ordinance was approved by the council. ## Ordinance 1290-12: Budget Re-appropriation [timestamp: 00:12:55] The council considered Ordinance 1290-12, which proposed amending municipal budgets to reflect current expenditures and re-appropriating funds accordingly. McGee presented the ordinance to the council. The discussion focused on adjusting the budget allocations to align with actual municipal spending patterns and operational needs. The council approved the ordinance, authorizing the budget re-appropriation as presented. ## Resolution 1151-12: Brighton East Rail Trail Project The council considered Resolution 1151-12 regarding the Brighton East Rail Trail Project [timestamp: 00:14:06]. **Action Taken** The council approved accepting the bid from Randle-Davies Construction Co. for the Brighton East Rail Trail Project - Phase II. **Key Participants** Bayert presented information on this agenda item. ## Resolution 1156-12: West Hickman Wastewater Odor Control The council considered a resolution to accept a bid for odor control improvements at the West Hickman Waste Water Treatment Plant [timestamp: 00:14:06]. **Action Taken** The council approved the resolution, accepting the bid from Smith Contractors, Inc. for the West Hickman Waste Water Treatment Plant Odor Control Improvements. **Discussion** Martin presented this agenda item to the council. **Outcome** The resolution was approved. ## Resolution 1160-12: Synthetic Transmission Fluid Contracts The council considered and approved Resolution 1160-12 regarding synthetic transmission fluid contracts [timestamp: 00:14:43]. **Action Taken** The council approved accepting bids from two vendors for synthetic transmission fluid contracts: - Clarke Power Services, Inc. - Power Train of Ky. **Presenter** Baradaran presented this agenda item to the council. **Outcome** The resolution was approved. ## Resolution 1167-12: Hydraulic Cylinder Repair Contracts [timestamp: 00:14:43] The council considered Resolution 1167-12 regarding hydraulic cylinder repair contracts. Baradaran presented the item to the council. The resolution addressed the acceptance of bids for hydraulic cylinder repair services. Two vendors were approved for these contracts: Hydraulic Specialists, Inc. and Power Train of Ky. The council voted to approve the resolution. ## Resolution 1171-12: Phoenix Building Elevator Renovation The council considered and approved Resolution 1171-12 regarding elevator renovation work at the Phoenix Building and Police Headquarters [timestamp: 00:14:43]. **Action Taken** The council approved accepting the bid from Oracle Elevator for the Phoenix Building and Police Headquarters Elevator Renovation project. **Key Participant** Baradaran presented information on this agenda item. **Outcome** The resolution was approved. ## Resolution 1197-12: Illuminated Street Name Sign Project The council considered Resolution 1197-12 regarding the Illuminated Street Name Sign Project [timestamp: 00:15:20]. **Outcome** The council approved accepting the bid from Arrow Electric Co. for the Illuminated Street Name Sign Project - Phase I. **Discussion** Woods presented information on this agenda item to the council. ## Resolution 1208-12: Snow Removal Contract The council considered and approved Resolution 1208-12 regarding a snow removal contract [timestamp: 00:15:20]. **Action Taken** The council approved accepting the bid from SCINA Lawncare Services, LLC for the snow removal contract. **Key Participant** Baradaran presented this agenda item to the council. ## Resolution 1203-12: Civil Service Appointments The council considered Resolution 1203-12 regarding civil service appointments during the meeting on November 29, 2012 [timestamp: 00:15:50]. **Presentation and Content** Maxwell presented the resolution, which sought to ratify probationary and permanent sworn civil service appointments across multiple departments. **Outcome** The council approved Resolution 1203-12. The resolution was ratified, confirming the civil service appointments as presented. ## Resolution 1125-12: Decorative Streetlights at 420 Cross St. The council considered a resolution to authorize the Mayor to execute an agreement with Earthman, LLC for the installation of decorative streetlights at 420 Cross St. [timestamp: 00:16:20] Moloney addressed the council on this agenda item. The agreement with Earthman, LLC would provide the decorative streetlights at no cost to the municipality. The council approved the resolution. ## Resolution 1133-12: SCAAP Grant [timestamp: 00:16:52] The council approved Resolution 1133-12, which authorized the acceptance of a U.S. Department of Justice grant under the SCAAP (State Criminal Alien Assistance Program) for reimbursement of undocumented criminal alien incarceration costs. **Speakers and Presentation** Gooding and Mason presented this agenda item to the council. **Outcome** The resolution was approved by the council. ## Resolution 1134-12: SANE Program Grant The council approved Resolution 1134-12, which authorized the submission and acceptance of a Kentucky Justice Cabinet grant for the continuation of the Sexual Assault Nurse Examiner (SANE) Program. [timestamp: 00:16:52] The resolution was presented by Gooding and Mason. The action enables the municipality to pursue grant funding from the state to support ongoing operations of the SANE Program, which provides specialized medical and forensic services to sexual assault victims. The council voted to approve the resolution, moving forward with the grant application and acceptance process for this victim services initiative. ## Resolution 1137-12: Mutual Aid Agreement The council considered and approved Resolution 1137-12, which authorized a mutual aid agreement with Catlettsburg Refining, LLC for emergency response assistance. [timestamp: 00:17:23] Jackson presented this agenda item to the council. The resolution was approved by the council. ## Resolution 1138-12: Bomb Squad Project Easement The council considered Resolution 1138-12 regarding a modification to an agreement with the Kentucky Office of Homeland Security. [timestamp: 00:17:58] **Purpose** The resolution authorized a modification to the existing agreement with the Ky. Office of Homeland Security to permit the purchase of explosive storage boxes for the bomb squad project. **Speakers** Gooding and Mason presented this item to the council. **Outcome** The resolution was approved. ## Resolution 1143-12: Donation of Pack N Play Cribs The council considered a resolution to authorize the acceptance of a donation of 10 Graco Pack N Play cribs from Safe Kids Fayette County, intended for distribution to low-income families. [timestamp: 00:17:58] Mills presented this agenda item to the council. The resolution was approved by the council. ## Resolution 1144-12: Interlocal Cooperation Agreement The council considered and approved Resolution 1144-12, which authorized an amendment to the Interlocal Cooperation Agreement with the Jessamine County Sheriff's Office. [timestamp: 00:18:33] The amendment addresses law enforcement services at cross-border homes. Bastin presented this item to the council. The resolution was approved by the council. ## Resolution 1155-12: Youth Baseball Facility Usage The council considered Resolution 1155-12, which authorized Facility Usage Agreements with various youth baseball leagues for fall youth baseball [timestamp: 00:18:33]. Hancock presented the resolution to the council. The measure sought approval for the city to enter into facility usage agreements that would allow youth baseball leagues to utilize municipal facilities during the fall season. The council approved the resolution, authorizing the requested facility usage agreements with the youth baseball leagues. ## Resolution 1158-12: 911 System Maintenance [timestamp: 00:19:04] The council approved Resolution 1158-12, which authorized the procurement of maintenance and services for the 911 system from Applied Digital at a cost of $25,633 for fiscal year 2013. Lucas presented this agenda item to the council. The resolution was approved without noted objections or concerns raised during the discussion. ## Resolution 1159-12: Wolf Run Creek Watershed Project The council approved Resolution 1159-12, which authorizes an agreement with Friends of Wolf Run for activities under the Wolf Run Creek Watershed Based Plan. [timestamp: 00:19:04] **Action Taken** The council authorized a $16,000 agreement with Friends of Wolf Run to support watershed-related activities and initiatives outlined in the Wolf Run Creek Watershed Based Plan. **Key Speaker** Gooding presented this agenda item to the council. **Outcome** The resolution was approved. ## Resolution 1161-12: Volunteer Income Tax Assistance [timestamp: 00:19:36] The council considered Resolution 1161-12, which authorized the IRS Sponsor Agreement and Civil Rights Assurance for Volunteer Income Tax Assistance Programs. Mills presented this agenda item to the council. The resolution sought approval to execute the necessary agreements with the Internal Revenue Service to enable the continuation and operation of Volunteer Income Tax Assistance Programs. The council approved the resolution. ## Resolution 1162-12: Bulletproof Vests for Sheriff's Office [timestamp: 00:19:36] The council considered Resolution 1162-12, which authorized the acceptance of a U.S. Department of Justice grant for bulletproof vests for the Fayette County Sheriff's Office. Gooding and Mason presented the resolution to the council. The proposal involved accepting federal grant funding specifically designated for the purchase of protective equipment for sheriff's office personnel. The council approved the resolution. ## Resolution 1163-12: Equitable Sharing Agreement The council considered and approved Resolution 1163-12, which authorized the 2012 Amended Equitable Sharing Agreement and Certification with the Department of Justice and Treasury. [timestamp: 00:20:11] Bastin presented this agenda item to the council. The resolution pertained to the equitable sharing agreement framework between the local jurisdiction and federal agencies, requiring updated certification and formal authorization of the amended 2012 agreement terms. The council voted to approve the resolution, authorizing the execution and certification of the 2012 Amended Equitable Sharing Agreement with the Department of Justice and Treasury. ## Resolution 1165-12: Smith Contractors Bid Account Change The council considered Resolution 1165-12, which proposed amending Resolution 430-2012 to change the accounts charged for the Smith Contractors bid. [timestamp: 00:20:11] Martin presented this agenda item to the council. The resolution was approved by the council. ## Resolution 1166-12: Class B Education Incentive Grant The council considered and approved Resolution 1166-12, which authorized a Class B Education Incentive Grant for a stormwater quality project to be awarded to Group CJ, LLC. [timestamp: 00:20:42] Martin presented this agenda item to the council. The resolution provided authorization for the grant funding related to the stormwater quality project being undertaken by Group CJ, LLC. The council voted to approve the resolution. ## Resolution 1168-12: Storm Sewer Easement Release The council considered and approved Resolution 1168-12, which authorized the release of a storm sewer easement on property located at 3469 Clays Mill Rd. [timestamp: 00:20:42] Graham presented this agenda item to the council. The resolution sought approval to release the existing storm sewer easement that had been held on the property. The council voted to approve the resolution. ## Resolution 1169-12: Utility and Streetlight Easement Release The council considered a resolution to authorize the release of a utility and streetlight easement on property located at 2250 Old Frankfort Pike. [timestamp: 00:20:42] Graham presented this agenda item to the council. The resolution sought approval for releasing the easement rights on the specified property. The council voted to approve Resolution 1169-12, authorizing the utility and streetlight easement release. ## Resolution 1170-12: Class B Education Incentive Grant for Lansdowne The council considered and approved Resolution 1170-12, which authorized a Class B Education Incentive Grant for a stormwater quality project at Lansdowne Elementary School [timestamp: 00:21:12]. Martin presented the resolution to the council. The grant was intended to support a stormwater quality improvement initiative at the school. The council voted to approve the resolution, authorizing the Class B Education Incentive Grant for the Lansdowne Elementary School project. ## Resolution 1172-12: Representative Payee Program Software The council considered a resolution to authorize a Software Maintenance Agreement and End User License Agreement with Horizon Information Systems for the Representative Payee Program [timestamp: 00:21:44]. Mills presented the item to the council. The resolution sought approval for entering into agreements with Horizon Information Systems to maintain and license software used in the Representative Payee Program. The council approved the resolution. ## Resolution 1185-12: Police Awards Banquet [timestamp: 00:21:44] The council approved Resolution 1185-12, which authorized a Rental Agreement and Catering Contract with Lexington Center and Hyatt Regency for the annual Police Awards Banquet. Bastin presented this agenda item to the council. The resolution sought approval for the necessary agreements to hold the Police Awards Banquet at the specified venues. The council voted to approve the resolution. ## Resolution 1186-12: Lease Agreements with AIDS Volunteers, Inc. The council considered and approved Resolution 1186-12, which authorized lease agreements with AIDS Volunteers, Inc. for two properties: 851 Todds Rd. and 1807 Dalton Ct. [timestamp: 00:21:44] Gooding presented the resolution to the council. The measure was approved, authorizing the lease agreements with AIDS Volunteers, Inc. for the specified properties. ## Resolution 1187-12: Design Excellence Program The council approved Resolution 1187-12, which authorized an amendment to the Purchase of Service Agreement with the Lexington Downtown Development Authority [timestamp: 00:22:17]. The amendment pertains to design guidelines for a Design Excellence Program. King presented this agenda item to the council. The resolution was approved by the council. ## Resolution 1188-12: Bingham McCutchen LLP Grant Application [timestamp: 00:22:49] The council considered and approved Resolution 1188-12, which authorized the submission of a Kentucky Economic Development Finance Authority Grant application for the Bingham McCutchen LLP Economic Development Bond Project. Gooding presented this agenda item to the council. The resolution sought approval to move forward with applying for grant funding through the state's economic development authority to support the Bingham McCutchen LLP project through an economic development bond mechanism. The council voted to approve the resolution, authorizing staff to submit the grant application on behalf of the jurisdiction. ## Resolution 1196-12: Police and Fire Pension Fund Consulting The council considered a resolution to accept consulting services from Public Financial Management, Inc. for work related to the Police and Fire Pension Fund [timestamp: 00:22:49]. Emmons presented this agenda item to the council. The resolution sought approval to engage Public Financial Management, Inc. to provide consulting services for the Police and Fire Pension Fund. The council approved the resolution. ## Resolution 1250-12: Air Conditioning Unit for Wastewater Plant The council considered Resolution 1250-12 regarding the procurement of an air conditioning unit for the Town Branch Wastewater Treatment Plant [timestamp: 00:24:27]. **Action Taken** The council approved accepting the bid from Perfection Group, Inc. for the air conditioning unit. The resolution received a first reading. **Key Participants** Martin presented information on this agenda item. ## Resolution 1268-12: Public Safety Radio System Subscriber Units The council considered a resolution to accept a bid from Tait Radio Communications for a price contract for Public Safety Radio System Subscriber Units [timestamp: 00:24:59]. Bastin presented this agenda item to the council. The resolution sought approval to move forward with Tait Radio Communications as the vendor for the public safety radio system subscriber units through a price contract arrangement. The council approved the resolution on first reading. ## Resolution 1270-12: Fiber Optic Cable Installation and Repair [timestamp: 00:24:59] The council considered a resolution to accept a bid for fiber optic cable installation and repair services. Woods presented this agenda item to the council. The resolution approved accepting a bid from Arrow Electric Co. for a price contract covering fiber optic cable installation and repair work. The council voted to move forward with a first reading of the resolution. ## Resolution 1271-12: Conditional Offers to Civil Service Appointments The council considered Resolution 1271-12, which addressed conditional offers to multiple probationary and unclassified civil service appointments [timestamp: 00:26:04]. **Key Speakers and Discussion** Crosbie and Moloney were the primary speakers on this agenda item. During the discussion, a motion was made to remove William Azevedo from the list of conditional offers being approved. **Outcome** The resolution was approved by the council. The approval included the conditional offers to civil service appointments, with the modification that William Azevedo was removed from the list as requested during the discussion. ## Resolution 1272-12: Ratification of Civil Service Appointments The council considered Resolution 1272-12, which sought to ratify probationary and unclassified civil service appointments across multiple departments [timestamp: 00:28:53]. Maxwell presented the resolution to the council. The measure addressed the formal ratification of civil service appointments that had been made on a probationary or unclassified basis within various city departments. The resolution received a first reading and was approved by the council. ## Resolution 1175-12: Health Incentive Program with ChipsRewards The council considered Resolution 1175-12, which proposed authorizing an agreement with ChipsRewards for a three-year health incentive program. [timestamp: 00:30:07] Maxwell presented this agenda item to the council. The resolution sought approval to establish a partnership with ChipsRewards to implement a health incentive program with a three-year term. The council voted to advance the resolution to first reading, approving the initial stage of the legislative process for this agreement with ChipsRewards. ## Resolution 1191-12: Project Safe Neighborhood Program [timestamp: 00:30:07] The council considered a resolution to authorize an amendment to the agreement with the Board of Education of Fayette County for the Project Safe Neighborhood Program. The amendment would provide an additional $6,000 in funding for the program. Gooding and Mason presented the item to the council. The resolution received a first reading and was approved by the council. ## Resolution 1192-12: Emergency Medical Dispatch Certification [timestamp: 00:30:07] The council considered Resolution 1192-12, which sought to authorize an agreement with PowerPhone, Inc. for training to obtain emergency medical dispatch certification. Lucas presented this agenda item to the council. The resolution proposed establishing a training partnership with PowerPhone, Inc. to enable staff to achieve emergency medical dispatch certification. The council approved the resolution on first reading. ## Resolution 1193-12: Jacobson Lake Fishing Maintenance The council considered a resolution to authorize an agreement with the Kentucky Department of Fish and Wildlife Resources for maintaining recreational fishing on Jacobson Lake. [timestamp: 00:30:37] Hancock presented this agenda item to the council. The resolution sought approval for a cooperative agreement that would support the continuation of recreational fishing activities at Jacobson Lake through partnership with the state agency responsible for fish and wildlife management. The council voted to approve the resolution on first reading, moving it forward in the legislative process. ## Resolution 1207-12: Natural Gas Supply Agreement The council considered a resolution to authorize a fixed-price agreement for natural gas supply under Columbia Gas of Kentucky's SVGTS tariff with the lowest responsive bidder. [timestamp: 00:30:37] Bush presented this agenda item to the council. The resolution was approved on first reading. ## Resolution 1210-12: District Courthouse Parking Garage [timestamp: 00:30:37] The council considered a resolution to authorize a Management Agreement with the Lexington and Fayette County Parking Authority for the operation and management of the District Courthouse Parking Garage. Hamilton presented the item to the council. The resolution sought approval for the parking authority to assume responsibility for managing the courthouse parking facility. The council voted to advance the resolution to first reading. ## Resolution 1211-12: Public Safety Radio System Services [timestamp: 00:30:37] The council considered Resolution 1211-12, which authorized the procurement of design, implementation, maintenance, and network services for the Public Safety Radio System from Windstream Communications. Lucas presented this agenda item to the council. The resolution sought approval for engaging Windstream Communications to provide comprehensive services for the Public Safety Radio System, including design, implementation, ongoing maintenance, and network services. The council approved the resolution on first reading. ## Resolution 1213-12: Body Armor Vests for Law Enforcement The council considered a resolution to authorize acceptance of a Kentucky Office of Homeland Security grant for 30 body armor vests for law enforcement [timestamp: 00:30:37]. Gooding and Mason presented the item. The resolution sought approval to accept the grant funding, which would provide body armor vests to equip law enforcement personnel. The council approved the resolution on first reading. ## Resolution 1216-12: Flexible Spending Plan Renewal [timestamp: 00:30:37] The council considered a resolution to authorize the renewal of the flexible spending plan with AmeriFlex for health and dependent care accounts. Maxwell presented this agenda item to the council. The resolution sought approval to continue the flexible spending plan arrangement, which allows employees to set aside pre-tax dollars for qualified health care and dependent care expenses through AmeriFlex as the plan administrator. The council approved the resolution on first reading. ## Resolution 1231-12: Grants to Multiple Organizations [timestamp: 00:32:07] The council considered Resolution 1231-12, which sought to authorize agreements with multiple organizations for the Office of the Urban County Council. **Presentation and Discussion** Maynard presented the resolution to the council. The item involved establishing formal agreements between the council and various organizations to support the Office of the Urban County Council's operations and initiatives. **Outcome** The resolution received a first reading approval from the council, moving it forward in the legislative process for further consideration. ## Resolution 1058-12: Mainframe Software License The council considered a resolution to authorize a Product License Agreement with Unicom Systems, Inc. (Macro4) for mainframe software. [timestamp: 00:32:07] Nugent presented this agenda item to the council. The resolution received a first reading and was approved by the council. ## Resolution 1176-12: Inducement to Allylix, Inc. The council considered a resolution to grant an inducement to Allylix, Inc. under the Kentucky Business Investment Act. [timestamp: 00:33:47] **Proposal Details** The inducement would allow Allylix, Inc. to forgo 1% of occupational license fees for up to 10 years. **Discussion** Atkins presented the resolution to the council. **Outcome** The resolution passed on first reading. ## Resolution 1178-12: Inducement to Nitto Denko Automotive Ky., Inc. [timestamp: 00:34:17] The council considered Resolution 1178-12, which would grant an inducement to Nitto Denko Automotive Ky., Inc. under the Kentucky Business Investment Act. The inducement would allow the company to forgo 1% of occupational license fees for up to 10 years. Atkins presented the resolution to the council. The measure was designed to provide tax incentive relief to the automotive company as part of Kentucky's business investment program. The resolution received a first reading, meaning it was introduced and read into the record but not yet voted on for final approval. A first reading typically allows council members to review the proposal before proceeding to subsequent readings and final consideration. ## Resolution 1179-12: Inducement to PremierTox 2.0, Inc. [timestamp: 00:34:48] The council considered a resolution to grant an inducement to PremierTox 2.0, Inc. under the Kentucky Business Investment Act. The inducement would allow the company to forgo 1% of occupational license fees for up to 10 years. Atkins presented the resolution to the council. The measure received a first reading, meaning it was introduced and discussed but not yet voted on for final approval. No specific concerns or debate points were documented during this agenda item's discussion. ## Resolution 1180-12: Inducement to Xact Associates, LLC The council considered a resolution to grant an inducement to Xact Associates, LLC, doing business as Xact Communications, under the Kentucky Business Investment Act. [timestamp: 00:35:19] The inducement would allow the company to forgo 1% of occupational license fees for up to 10 years. Atkins presented the item to the council. The resolution received a first reading and was approved by the council. ## Resolution 1217-12: Western States Contracting Alliance Addendum The council considered a resolution to authorize a participating addendum under the Western States Contracting Alliance Master Agreement with AT&T Mobility. [timestamp: 00:36:26] Atkins presented this agenda item to the council. The resolution sought approval for the city to enter into an addendum agreement with AT&T Mobility through the Western States Contracting Alliance framework. This addendum would establish terms for services or products under the existing master agreement between the alliance and AT&T Mobility. The council approved the resolution on first reading. ## Resolution 1217-12: Western States Contracting Alliance Addendum The council considered a resolution to authorize a participating addendum under the Western States Contracting Alliance Master Agreement with Sprint Solutions. [timestamp: 00:36:26] Atkins presented this agenda item to the council. The resolution sought approval for the council to enter into an addendum agreement with Sprint Solutions through the Western States Contracting Alliance framework. This addendum would allow the jurisdiction to participate in the alliance's contracting arrangement with Sprint Solutions. The council approved the resolution on first reading. ## Resolution 1217-12: Lease Agreement with Kentucky State Police The council considered a resolution to authorize a lease agreement with the Kentucky State Police for space at 162 East Main Street [timestamp: 00:37:07]. **Key Speaker** Atkins presented information regarding this agenda item. **Outcome** The resolution received a first reading. ## Resolution 1217-12: Lease Agreement with Transportation Cabinet The council considered a resolution to authorize a lease agreement with the Transportation Cabinet for space at 162 East Main Street. [timestamp: 00:37:07] Atkins presented this agenda item to the council. The resolution sought approval for the council to enter into a lease arrangement with the Transportation Cabinet regarding the use of space at the specified location on East Main Street. The council voted to advance the resolution to first reading. ## Resolution 1217-12: Collective Bargaining Agreement The council considered ratification of a collective bargaining agreement with AFSCME Local 2785 covering lieutenants and captains in the Division of Community Corrections. [timestamp: 00:37:07] Atkins presented this agenda item to the council. The resolution received a first reading and was approved by the council. ## Resolution 1217-12: Sanitary Sewer Easement Release The council considered a resolution to authorize the release of a sanitary sewer access easement on property located at 761 Enterprise Drive. [timestamp: 00:37:39] Atkins presented this agenda item to the council. The resolution sought approval for releasing the easement from the property, allowing for changes to the land use or development of the site. The council voted to approve the resolution on first reading. No additional concerns or debate were documented during the discussion of this item. ## Resolution 1217-12: 2013 General Term Orders [timestamp: 00:37:39] The council considered Resolution 1217-12, which authorized the 2013 general term orders for the Fayette County Clerk and Sheriff. These orders establish the number of deputies and their compensation levels for the upcoming year. Atkins presented the resolution to the council. The discussion focused on the staffing and compensation structure for both the Clerk's and Sheriff's offices as they would be configured in 2013. The resolution received a first reading during this meeting, meaning it was introduced and discussed but not yet voted on for final approval. A first reading typically allows council members to review the proposal and raise any initial questions or concerns before the measure proceeds to subsequent readings and a final vote. ## Resolution 1217-12: Facility Management Services [timestamp: 00:38:11] The council considered Resolution 1217-12, which authorized a contract with Meridian Management Corporation for Facility Management Services for Fayette County Courthouses. Atkins presented the resolution to the council. The measure sought approval to engage Meridian Management Corporation to provide facility management services for the county's courthouse facilities. The council approved the resolution on first reading. ## Resolution 1217-12: Fiber Optic Cable Installation Grant The council considered a resolution to authorize acceptance of a Kentucky Transportation Cabinet grant for fiber optic cable installation. [timestamp: 00:38:11] Atkins presented this agenda item to the council. **Action Taken** The resolution received a first reading. **Grant Details** The proposal authorized the council to accept a Kentucky Transportation Cabinet grant for fiber optic cable installation. The project required a local match of $80,000 from the municipality. ## Resolution 1217-12: Bluegrass Summer Games The council considered a resolution to authorize a purchase of service agreement with Bluegrass State Games, Inc. for the Bluegrass Summer Games [timestamp: 00:38:44]. **Action Taken** The resolution received a first reading during this meeting. **Key Participants** Atkins presented this agenda item to the council. ## Resolution 1217-12: Kentucky Utilities Settlement [timestamp: 00:39:19] The council considered Resolution 1217-12 regarding a settlement agreement with Kentucky Utilities Co. The resolution sought to ratify the Department of Law's execution of the settlement agreement, contingent upon approval by the Public Service Commission (PSC). Atkins presented the matter to the council. The resolution advanced to first reading and was approved by the council. The settlement was subject to PSC approval as a condition of the agreement's finalization. ## Resolution 1217-12: Grants to Community Organizations The council considered Resolution 1217-12, which authorized grants to community organizations. [timestamp: 00:39:19] **Action Taken** The resolution received a first reading approval. **Organizations Receiving Grants** The resolution authorized grants to: - Bluegrass Community Foundation - Dogwood Trace Neighborhood Association **Key Participants** Atkins presented this agenda item to the council. ## Resolution 1217-12: Inducement to Delta T Corporation The council considered a resolution to grant an inducement to Delta T Corporation, which operates under the business name Big-Ass Fans, under the Kentucky Business Investment Act. [timestamp: 00:39:53] Atkins presented this agenda item to the council. The resolution sought approval for an inducement package for the corporation as authorized under state law. The council voted to advance the resolution to first reading, indicating initial approval of the measure. The resolution was not finalized at this meeting but moved forward in the legislative process for further consideration. ## Resolution 1217-12: Council Rules Amendment The council considered a resolution to amend Council Rules to require confirmation hearings for appointments to the Planning Commission, Board of Adjustment, or Ethics Commission [timestamp: 00:40:28]. Atkins presented the item to the council. The resolution received a first reading and was approved at that stage. ## Resolution 1217-12: Residential Parking Permit Program The council approved Resolution 1217-12, which establishes a residential parking permit program for the 200 block of Dantzler Court. [timestamp: 00:41:34] Key speakers on this item included Myers and Lawless. The resolution was approved by the council. --- ## Decisions - **Ordinance 1140-12** — passed (13-0): Approval of the 21c Lexington Development Area, including a Local Participation Agreement, Master Development Agreement, Incremental Tax Special Fund, and a $1M loan to 21c Lexington LLC. - **Ordinance 1142-12** — passed (13-0): Amendment to abolish one Code Enforcement Officer Sr. position and create one Code Enforcement Officer position in the Div. of Grants and Special Programs. - **Ordinance 1157-12** — passed (13-0): Amendment to abolish one Planner position and create one Planner Sr. position in the Div. of Planning. - **Ordinance 1219-12** — passed (13-0): Amendment to change membership requirements of the Commission for Citizens with Disabilities. - **Ordinance 1223-12** — passed (13-0): Amendment to budgets to reflect current municipal expenditures and re-appropriation of funds. - **Resolution 1151-12** — passed (13-0): Acceptance of bid from Randle-Davies Construction Co. for Brighton East Rail Trail Project - Phase II. - **Resolution 1156-12** — passed (13-0): Acceptance of bid from Smith Contractors, Inc. for West Hickman Waste Water Treatment Plant Odor Control Improvements. - **Resolution 1160-12** — passed (13-0): Acceptance of bids from Clarke Power Services, Inc. and Power Train of Ky. for synthetic transmission fluid contracts. - **Resolution 1167-12** — passed (13-0): Acceptance of bids from Hydraulic Specialists, Inc. and Power Train of Ky. for hydraulic cylinder repair contracts. - **Resolution 1171-12** — passed (13-0): Acceptance of bid from Oracle Elevator for Phoenix Building and Police Headquarters Elevator Renovation. - **Resolution 1197-12** — passed (13-0): Acceptance of bid from Arrow Electric Co. for Illuminated Street Name Sign Project - Phase I. - **Resolution 1208-12** — passed (13-0): Acceptance of bid from SCINA Lawncare Services, LLC for snow removal contract. - **Resolution 1203-12** — passed (13-0): Ratification of probationary civil service appointments and permanent sworn appointment. - **Resolution 1125-12** — passed (13-0): Authorization to execute agreement with Earthman, LLC for decorative streetlights at 420 Cross St. at no cost. - **Resolution 1133-12** — passed (13-0): Authorization to accept U.S. Dept. of Justice grant under SCAAP program for undocumented criminal alien incarceration reimbursement. - **Resolution 1134-12** — passed (13-0): Authorization to submit and accept Ky. Justice Cabinet grant for continuation of SANE Program with $28,150 local match. - **Resolution 1137-12** — passed (13-0): Authorization to execute mutual aid agreement with Catlettsburg Refining, LLC for emergency response assistance. - **Resolution 1138-12** — passed (13-0): Authorization to modify agreement with Ky. Office of Homeland Security for purchase of explosive storage boxes. - **Resolution 1143-12** — passed (13-0): Authorization to accept donation of 10 Graco Pack N Play cribs from Safe Kids Fayette County for low-income families. - **Resolution 1144-12** — passed (13-0): Authorization to amend Interlocal Cooperation Agreement with Jessamine County Sheriff’s Office for law enforcement at cross-border homes. - **Resolution 1155-12** — passed (13-0): Authorization to execute Facility Usage Agreements with youth baseball leagues for fall baseball. - **Resolution 1158-12** — passed (13-0): Authorization to procure maintenance and services from Applied Digital for 911 system at $25,633 FY2013. - **Resolution 1159-12** — passed (13-0): Authorization to execute agreement with Friends of Wolf Run for Wolf Run Creek Watershed Based Plan at $16,000. - **Resolution 1161-12** — passed (13-0): Authorization to execute IRS Sponsor Agreement and Civil Rights Assurance for Volunteer Income Tax Assistance Programs. - **Resolution 1162-12** — passed (13-0): Authorization to accept U.S. Dept. of Justice grant for bulletproof vests for Fayette County Sheriff’s Office. - **Resolution 1163-12** — passed (13-0): Authorization to execute 2012 Amended Equitable Sharing Agreement with Dept. of Justice and Treasury. - **Resolution 1165-12** — passed (13-0): Amendment to Resolution 430-2012 to change accounts charged for Smith Contractors bid. - **Resolution 1166-12** — passed (13-0): Authorization to execute Grant Award Agreement for Class B Education Incentive Grant to Group CJ, LLC for stormwater project. - **Resolution 1168-12** — passed (13-0): Authorization to execute release of storm sewer easement at 3469 Clays Mill Rd. - **Resolution 1169-12** — passed (13-0): Authorization to execute release of utility and streetlight easement at 2250 Old Frankfort Pike. - **Resolution 1170-12** — passed (13-0): Authorization to execute Grant Award Agreement for Class B Education Incentive Grant to Board of Education of Fayette County for Lansdowne Elementary School. - **Resolution 1172-12** — passed (13-0): Authorization to execute Software Maintenance and End User License Agreement with Horizon Information Systems for Representative Payee Program. - **Resolution 1185-12** — passed (13-0): Authorization to execute Rental Agreement and Catering Contract with Lexington Center and Hyatt Regency for Police Awards Banquet. - **Resolution 1186-12** — passed (13-0): Authorization to execute Lease Agreements with AIDS Volunteers, Inc. for properties at 851 Todds Rd. and 1807 Dalton Ct. - **Resolution 1187-12** — passed (13-0): Authorization to execute amendment to Purchase of Service Agreement with Lexington Downtown Development Authority for Design Excellence Program guidelines. - **Resolution 1188-12** — passed (13-0): Authorization to submit Ky. Economic Development Finance Authority Grant application for Bingham McCutchen LLP project. - **Resolution 1196-12** — passed (13-0): Acceptance of response from Public Financial Management, Inc. for Police and Fire Pension Fund consulting services. - **Resolution 1271-12** — passed (12-1): Conditional offer to probationary and unclassified civil service appointments, with motion to remove William Azevedo. - **Resolution 1271-12** — passed (13-0): Conditional offer to probationary and unclassified civil service appointments (amended). - **Resolution 38** — passed (13-0): Authorization to execute agreement with ChipsRewards for health incentive program for three-year term. - **Resolution 46** — passed (13-0): Authorization to renew flexible spending plan with AmeriFlex for health and dependent care accounts for 2013. - **Resolution 47** — passed (13-0): Authorization to execute agreements with multiple organizations for Office of the Urban County Council. - **Resolution 63** — passed (13-0): Ratification of Department of Law's execution of settlement agreement with Kentucky Utilities Co. subject to PSC approval. - **Resolution 67** — passed (13-0): Establishment of residential parking permit program for 200 block of Dantzler Court. --- ## Full transcript Music Someone said, oh yes, of course, right, right, right, at the beginning, right. All right. Greetings. Hello, everyone. Thank you all. I will call the meeting of the council to order. And ask Clerk Susan Lamb to please call the roll. Mr. Ellinger. Hello. Mr. Ellenberg. Here. Mr. Farmer. Yes, ma'am. Thank you. Mr. Ford. Here. Ms. Gorton. Here. Ms. Henson. Here. Mr. Kay. Here. Mr. Lane. Here. Ms. Lawless. She's here. Mr. Martin. Mr. McCord. Here. Mr. Myers. Mr. Stenet. Mr. Beard. And Mr. Blues and Ms. Crosby. Thank you. Yes, gotcha. Thank you, Madam Clerk. We have our very own Chaplain Tatum here tonight to offer the invocation. And, Chaplain, as you rise and come to the podium, I'll ask the Council, at the suggestion of Council Member Blues, that we start with a moment of silence to recognize the life and the contributions and the significance of a former member of this body, Harry Sykes. Council Member Blues, you initiated a wonderful tribute to Mr. Sykes a little while back. and would you want to offer your thoughts? Well, Mayor, I think that the tribute to Harry on that evening, the reception in the ballroom and then the presentation of the proclamation in here was one of probably the most heartfelt and happiest events that the mayor's office and the council has ever done. We all regretted that Harry couldn't be here, But it was so meaningful that all of his children were here, four sons and his daughter. His wife, of more than 60 years, was present. Kevin Sykes spoke eloquently at the reception, as did Reverend Peebles. and I thought that Paula Sykes and her, when she accepted the plaque that you presented, made a wonderful speech. All together, it was heartwarming. It was a splendid event in celebration of a great life and a great contributor to this city. So I'm glad we were able to do this event before Harry passed away. I think it meant a great deal to his family. Thank you, Mayor. Thank you, Councilman Beaver. So we'll rise for a moment of silence, and when you're ready then, Chaplain, please begin the invocation. Let us pray. Heavenly Father, we come to you today in the midst of so many distinguished men and women, Lord. First and foremost, to give you honor and to give you glory. And just thank you just for who you are. And we ask you, Lord, to just bless the councilmen and women, along with the mayor and the citizens of this community, Lord. Bless them and strengthen them. Lord, we pray that you give this council, Lord, the courage and the strength, Lord, to make every decision, including those challenge decisions. And we pray, Lord, that every decision be with the interests of the men and women of this community. Lord, we thank you, Lord, just for the countless hours that they spend, Lord, and just everything they've done and just them volunteering all these hours. Lord, we ask you, Lord, just to bless them and enrich them. Lord, we ask you, Lord, to bless this meeting tonight. You're allowed to be a productive one. Lord, we thank you and we honor you just for who you are. And most of all, Lord, you said wisdom is the principal thing. Get wisdom and all by getting, get an understanding. We thank you. We honor you right now. Amen. Amen. Thank you, Chaplain. All right. I will, we can begin now with reading the second reading of ordinances. Madam Clerk, when you're ready. Ordinance number one, the Ordinance of the Lexington-Fayette-Urban 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, Inc., 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, Inc., 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 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 necessary or required in conjunction with Section 108 loan and the LFUCG loan. Number two, an ordinance amending Section 2152 of the Code of Ordinances 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, appropriating funds pursuant to Schedule No. 21, effective upon passage of counsel. Number 3, an ordinance admitting Section 2152 of the Code of Ordinances 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 counsel. Number 4, an ordinance submitting Section 2-458 of the Code of Ordinances, changing the membership requirements of the Commission for Citizens with Disabilities, and Number 5, an ordinance submitting certain of the budgets of the Lexington-Vaderborn County Government to reflect current requirements for municipal expenditures in appropriating and reappropriating funds, Schedule Number 24. Thank you, Madam Clerk. Is there a motion? Motion approved. Motion approved by Council Member Ellinger, seconded by Council Member Stennett. Is there any discussion on the motion? All right. Hearing none, then I'll ask the clerk, Madam Clerk, please call the roll. 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. McCord? Yes. Mr. Myers? Yes. Mr. Stennett? Yes. Mr. Blues? Yes. And Ms. Crosby? Yes. All right. Thank you. The vote reflects passage of the motion. And next on our agenda is the first reading of ordinances. Madam Clerk, when you are ready. Okay. Road, 100-314 South Hanover Avenue, 807-853 and 859 East High Street, 908-912 and 1000 Richmond Road, and 1003-1015 Slashes Road, Council District 5. Number 7, an ordinance submitting Article 8-22 of the Zoning Ordinance to allow commercial wood lots with restrictions in the light industrial I-1 and heavy industrial I-2 zones. Number eight, an ordinance expanding and extending the full urban services district. Number one, to provide street lighting, street cleaning, and garbage and refuse collection to include the area defined as certain properties on the following streets. Eminent Drive, Mackinwood Drive, Malibu Drive, Manitoba Lane, Miles Point Way, Moon Coin Cove, Moon Coin Way, Old Town Walk, Ridgewater Drive, Sandersville Road, Town Square Park, Glendover Road, and Codale Drive. Number 9, an ordinance expanding and extending partial urban services district. Number 3 for the urban county government for the provision of garbage and refuse collection to include the area defined as certain properties on the following street, Catherine Place. Number 10, an ordinance expanding and extending partial urban services district. Number 5 for the urban county government for the provisions of garbage and refuse collection and street lighting to include the areas defined as certain properties on the following streets, Clare Ridge Drive and Malvern Road. Number 11, an ordinance repealing subsection 13-13B11 of the Code of Ordinances of the Lexington-Faylor County Government pertaining to the licensing of dealers in firearms or deadly weapons and renumbering subsections 13-13B12 through 32 of the Code of Ordinances, all effective upon the date of passage. Number 12, an ordinance amending certain of the budgets of the Lexington-Faderman County Government to reflect current requirements for funds and the amount of $1,153,397 for projects receiving UDAG funding and $20,000 for projects receiving general funds and appropriating and reappropriating funds, Schedule Number 26. Number 13, an ordinance amending Section 2-201 of the Code of Ordinances relating to the picnic with the POPs Commission to delete a member from the Horse Park Board and add a member from Keeneland. Number 14, an ordinance creating Section 2-3.2 in Chapter 2 of the Code of Ordinances of the Lexington-Fayden-Arbor County Government to establish procedures and guidelines for redistricting council districts. Number 15, an ordinance pursuant to Section 2-1A of the Code of Ordinances of the Lexington-Fayden-Arbor County Government adopting a schedule of meetings for the council for the calendar year 2013. Number 16, an ordinance amending subsection 14-728 of the Code of Ordinances of the Lexington-Fed-Irban County Government pertaining to operating or playing radios, televisions, and other related items in a manner as to create a noise disturbance and creating subsection 14-7211 of the Code of Ordinances to prohibit noise disturbances emanating from vehicles locating in the public right-of-way or on public land, which are audible more than 10 feet from the vehicle. And number 17, an ordinance amending certain of the budgets of the Lexington-Fadon County Government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds, Schedule number 25. Thank you, Susan. Thank you, Madam Clerk. All right. Are there any motions for walk-ons or suspensions regarding? No. All right. Then, Madam Clerk, we can move on to second reading of resolutions when you're ready. Sure. Number one, a resolution accepting the bid of Randall Davies Construction Company in the amount of $446,601.66 for the Brighton East Rail Trail Project, Phase 2, for the Division of Engineering, and authorizing the mayor on behalf of the urban county government to execute any necessary agreement with Randall Davies Construction Company related to the bid. Number two, 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 urban county government to execute an agreement with Smith Contractors Incorporated related to the bid. Number three, 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. Number four, 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. Number five, 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 Facilities and Fleet Management and authorizing the mayor to execute any necessary agreement with Oracle Elevator related to the bid. Number six, a resolution accepting the bid of Arrow Electric Company in the amount of $352,541 for eliminated street name signed Project Phase I for the Division of Traffic Engineering and authorizing the mayor to execute any necessary agreement with Arrow Electric Company related to the bid. Number seven, a resolution accepting the bid of SCINA Lawn Care Services LLC establishing a price contract for the snow removal for the Division of Facilities and Fleet Management. Number 8. Human Resources General is Grade 118E, 2007-60-64, biweekly, in the Division of Human Resources, effective November 29, 2012. Ratifying the permanent sworn appointment of Christopher Young, police lieutenant, Grade 317, in the Division of Police, effective October 30, 2012. Number 9. 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 10. 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. Number 11, 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 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 12, a resolution authorizing the mayor on behalf of the urban county government to execute a mutual aid agreement with Catlinsburg 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 13, 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. Number 14, a resolution authorizing the Mayor on behalf of the Urban County Government to accept the donation of 10 Grayco 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 15, 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. Number 16, a resolution authorizing the mayor on behalf of the Irvine County Government to execute facility usage agreements with various youth baseball leagues for fall youth baseball. Number 17, 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 in FY 2013 and authorizing the mayor to execute any necessary agreement with Applied Digital Solutions related to the goods and services. Number 18, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an agreement with the Friends of Wolf Run for activities under the Wolf Run Creek Watershed-based plan at a cost not to exceed $16,000. Number 19, 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 Gaines Way Center and the Central Kentucky Job Center at no cost to the urban county government. 20, 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. Twenty-one, a resolution authorizing the mayor on behalf of the urban county government to execute the 2012 amended equitable sharing agreement and certification with the Department of Justice and the Department of Treasury to make necessary changes and bring the FY 2012 Equitable Sharing Agreement, Kermit. Twenty-two, a resolution amending Section 2 of Resolution No. 430-2012, which accepted the bid of Smith Contractors Incorporated for Expansion Area 2A Wastewater System Improvements to change the amounts charged to the accounts from which payment will be made. Twenty-three, a resolution authorizing the Mayor on behalf of the Urban County Government to execute a grant award agreement affording a Class B education incentive grant for a stormwater quality project to Group CJ LLC in the amount of $35,547. 24. 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. 25. A resolution authorizing the Mayor on behalf of the Urban County Government to execute a release of easement releasing a utility easement and streetlight easement on property located at 2250 Old Frankfurt Pike. 26. 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 the amount of $3,500. 27. 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 Incorporated for the software for the representative payee program for the Department of Social Services at a cost not to exceed $586.50. Twenty-eight, 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. Twenty-nine, 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. Thirty, 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. Thirty-one, 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. And number 32, a resolution accepting the response of Public Financial Management, Incorporated to RFP number 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. Thank you. Thank you, Madam Clerk. Move approval. Motion by Vice Mayor Gordon to approve and a vigorous second by Council Member Myers. Is there any discussion on the motion? All right. Hearing none, then I'll ask the clerk to please call the roll. Mr. Ellinger. Yes. Mr. Farmer. Yes, ma'am. Mr. Ford. Yes. Ms. Gorton. Aye. Ms. Henson Yes Mr. K Yes Mr. Lane Yes Ms. Lawless Mr. McCord Yes Mr. Myers Yes Mr. Stennett Mr. Blues Yes And Ms. Crosby Thank you Thank you, Madam Clerk. The vote reflects passage of the motion, which allows us to move on to resolutions for first read whenever you are ready. Madam Clerk. Resolution number 33, a resolution accepting the bid of Perfection Group incorporated in the amount of $39,875 for air conditioning unit for the town branch wastewater treatment plant for the Division of Water Quality. 34, a resolution accepting the bid of Tate Radio Communications establishing a price contract for public safety radio system subscriber units for the Division of Police. Number 35, a resolution accepting the bid of Arrow Electric Company establishing a price contract for fiber optics cable installation and repair for the Division of Traffic Engineering. I believe we have a motion on 36. Is that right? Council Member Crosby? Yes, thank you, Mayor. I've been asked to make a motion to amend resolution number 36 to remove William Azevedo, construction manager of grade 122E in the Department of Environmental Quality and Public Works from the resolution. And I believe C.O. Maloney has an explanation. Thank you. Thank you. I just want to give you all heads up. This item was added to the docket before I had completed my vetting process. So I'm asking that you would remove this segment of item 36 so I can complete vetting the process before proceeding. Thank you. Motion by? It was only the one name. The one as of either? Yes. William. All right. Oh, yeah, there are two. here. Right. All right. So the motion by Council Member Crosby and a second by Council Member Farmer. Is there any discussion on the motion? All right. All in favor then please indicate by saying aye. Opposed no. Motion carries. All right. Madam Clerk, you may continue. I will, and I'll note the vote and the record. Number 36, as amended. A resolution authorizing the Division of Human Resources to make a conditional offer to the following probationary civil service appointments. Christopher Phillips, Administrative Specialist, Grade 110N, 14.423 hourly, in the Division of Waste Management, effective upon passage of counsel. Tara Gentry, Staff Assistant Senior, Grade 108N, 14.612 hourly, in the Division of Building Inspection, effective upon passage of counsel. Elizabeth McKinney, Staff Assistant Senior, Grade 108N, 16.677 hourly, in the Division of Family Services, effective upon passage of counsel. Gabriel Hensley, Environmental Inspector, Grade 113N, 19.719 hourly, in the Division of Water Quality, effective upon passage of counsel. Donald Bowen, maintenance mechanic, grade 113N, 16.512 hourly in the Division of Water Quality, effective upon passage of counsel. Robert Hall, maintenance mechanic, grade 113N, 18.233 hourly in the Division of Water Quality, effective upon passage of counsel. And Marsha Woodward, staff assistant, grade 107N, 12.977 hourly in the Division of Police, effective upon passage of counsel, authorizing the Division of Human Resources to make a conditional offer to the following unclassified civil service appointments. Alan Baldwin, Project Engineering Coordinator, Grade 119E, 2007-88-46, biweekly in the Division of Water Quality, effective upon passage of council. Chase Azevedo, Project Engineering Coordinator, Grade 119E, 2003-23-65, biweekly in the Division of Water Quality, effective upon passage of council. Number 37, a resolution ratifying the probationary civil service appointments of Viola Howard, Administrative Specialist, Grade 110N, 19.782 hourly in the Division of Parks and Recreation, effective December 10, 2012. Evelyn Bellona, Deputy Director of Recreation, Grade 120E, 3399.04, bi-weekly in the Division of Parks and Recreation, effective November 19, 2012. and Darrell Handy, Public Service Worker Senior, Grade 107 N, 13.360 hourly in the Division of Parks and Recreation, effective October 22, 2012. Ratifying the unclassified civil service appointment of Richard Bellow, Juvenile Surveillance Probation Officer, Grade 112 N, $20 hourly in the Division of Youth Services, effective November 12, 2012. ratifying the probationary sworn appointments of Rashawn Berry, Police Sergeant Grade 315N, 28.589, hourly, and the Division of Police, effective December 10, 2012. Number 38, a resolution authorizing the Mayor on behalf of the Urban County Government to execute an agreement with CHIP Rewards to provide a health incentive program for a three-year term effective upon passage of council. 39. A resolution authorizing and directing the mayor on behalf of the urban county government to execute an amendment to agreement with the Board of Education of Fayette County for an additional $6,000 for services under the 2010 Project Safe Neighborhood Program. 40. A resolution authorizing the mayor on behalf of the urban county government to execute an agreement with Power Phone Incorporated for training and related services in order to obtain emergency medical dispatch certification for employees of the Division of Emergency Management 911. Number 41, a resolution authorizing the mayor on behalf of the urban county government to execute an agreement with the Kentucky Department of Fish and Wildlife Resources, Commonwealth of Kentucky, for maintaining recreational fishing on Jacobson Lake. 42, a resolution authorizing the mayor on behalf of the urban county government to execute a fixed price agreement for natural gas supplied under the Columbia Gas of Kentucky's SVGTS tariff with the lowest responsive bidder contingent upon a price contract not to exceed 6.40 per MCF. Number 43, a resolution authorizing the mayor on behalf of the Irwin County Government to execute a management agreement with the Lexington and Fayette County Parking Authority for operation and management of the district courthouse parking garage. Number 44, a resolution authorizing the Division of Emergency Management 911 to procure design, implementation, maintenance, and network services for the public safety radio system from Windstream Communications and or its affiliates, a sole source provider, at a cost not to exceed $247,000 FY 2013, and authorizing the mayor to execute any necessary agreements with Windstream Communications and or its affiliates related to these services. Number 45, a resolution authorizing and directing the mayor on behalf of the urban county government to accept a grant from the Kentucky Office of Homeland Security, which grant funds are in the amount of $16,500 Commonwealth of Kentucky funds are for the purchase of 30 body armor vests, 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 46, a resolution authorizing the mayor on behalf of the urban county government to execute a renewal of the flexible spending plan with Ameriflex for health and dependent care flexible spending accounts for the period of January 1, 2013 through December 31, 2013. 47. A resolution authorizing the mayor on behalf of the urban county government to execute agreements with Girls on the Run, Central Kentucky Corporation, $1,000. Fraternal Order of Police, Bluegrass Lodge, No. 4, Inc., $1,125. Stonewall Community Association, Inc., $500. YMCA of Central Kentucky, $1,000. Black Church Coalition of the Bluegrass Incorporated $950. Carnegie Center for Literacy and Learning $800. Dr. Roy P. and Juanita Betts-Peterson Arts and Education Fund Incorporated $1,000. Forest Ridge Maintenance Association Incorporated $650. Lafayette High School Wrestling Booster Club $750. Assurance for Life Incorporated $2,400. Casa of Lexington Incorporated $1,000. Georgetown Neighborhood Association Incorporated $1,250. Highlands Neighborhood Association, $700. Firebrook Estates Homeowners Association, Inc., $700. And the Southland Association, Inc., $700. For the office of the Urban County Council, at a cost not to exceed the sums stated. Number 48. A resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a product license agreement with Unicom Systems, Inc., Macro 4 for mainframe software at a cost not to exceed $14,000 in FY 2013. 49. A resolution approving the granting of an inducement to Allelix, incorporated a pursuant to the Kentucky Business Investment Act, KRS, Chapter 154.32, whereby the Lexington-Fayette-Irban County Government agrees to forego the collection of 1% of the occupational license fee for a term of not longer than 10 years from the activation date subject to the limitations contained in the Act and any agreement Alix Incorporated has with the Kentucky Economic Development Finance Authority related to the project and taking other related action. Number 50, a resolution approving the granting of an inducement to Nito-Dinko Automotive in Kentucky, Incorporated pursuant to the Kentucky Business Investment Act, KRS Chapter 154.32, whereby the Lexington-Fayette-Irban County Government agrees to forego the collection of 1% of the occupational license fees for a term of not longer than 10 years from the activation date, subject to the limitations contained in the Act and any agreement Nino Deco Automotive and Company, Kentucky Incorporated, has with the Kentucky Economic Development Finance Authority related to the project and taking other related action. Number 52. Excuse me, 51. Got to hear myself. A resolution approving the granting of an inducement to Premier Talks 2.0, Inc., pursuant to the Kentucky Business Investment Act, KRS Chapter 154.32, whereby the Lexington-Fayette-Arbonne County Government agrees to forego the collection of 1% of the occupational license fees for a term of not longer than 10 years from the activation date. Subject to the limitations contained in the Act and any agreement, Premier Talks 2.0, Inc., has with the Kentucky Economic Development Finance Authority related to the project and taking other related action. Number 52, a resolution approving the granting of an inducement to X-Act Associates LLC doing business as X-Act Communications pursuant to the Kentucky Business Investment Act KRS Chapter 154.32, whereby the Lexington-Fayette Urban County Government agrees to forego the collection of 1% of the occupational license fees for a term of not longer than 10 years from the activation date. Subject to the limitations contained in the Act and in the Agreement X Act, Associates LLC doing business as X Act communications has with the Kentucky Economic Development Finance Authority related to the project and taking other related action. Number 53, a resolution authorizing the mayor on behalf of the urban county government to execute a participating addendum under the Western States Contracting Alliance Master Agreement for number 1907 with AT&T Mobility National Accounts LLC at no additional cost to the urban county government. Number 54, a resolution authorizing the mayor on behalf of the urban county government to execute a participating addendum under the Western States Contracting Alliance Master Agreement, Number 1907, with Sprint Solutions, incorporated at no additional cost to the urban county government. Number 55, a resolution authorizing the mayor on behalf of the urban county government to execute an agreement with the Kentucky State Police Commonwealth of Kentucky for lease of space at 162 East Main Street. Number 56, a resolution authorizing the mayor on behalf of the Irma County Government to execute an agreement with the Transportation Cabinet, Commonwealth of Kentucky, for lease of space at 162 East Main Street. 57, a resolution accepting the collective bargaining agreement with AFSCME Local 2785 on behalf of lieutenants and captains in the Division of Community Corrections. Number 58, a resolution authorizing the mayor on behalf of the Irvin County Government to execute a release of easement releasing a sanitary sewer access easement on property located at 761 Enterprise Drive. 5259. A resolution authorizing the Mayor on behalf of the Urban County Government to execute the 2013 general term orders for the Fayette County Clerk and the Fayette County Sheriff, establishing the number of deputies and assistants allowed to each and the compensation allowed to each deputy and assistant, subject to the limits for each category as specified in the general term orders and subject to the fees collected by the officers, respectively, in their 75% accounts pursuant to KRS 64.350, subsection 1. Number 60, a resolution authorizing the mayor on behalf of the urban county government to execute an agreement with Meridian Management Corporation for Facility Management Services for Fayette County Courthouses at a cost not to exceed $412,213. Number 61, 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 $320,000 federal funds, or for the fiber optic cable installation program, the acceptance of which obligates the urban county government for the expenditure of $80,000 as a local match, and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 62, a resolution authorizing the mayor on behalf of the Irvin County Government to execute a purchase of service agreement with the Bluegrass State Games incorporated for services related to the Bluegrass Summer Games at a cost not to exceed $52,500. Number 63, a resolution ratifying the Department of Law's execution on behalf of the Irving County Government and subject to the approval of the Kentucky Public Service Commission of a unanimous settlement agreement, stipulation and recommendation, and any other necessary settlement documents in Kentucky Public Service Commission case number 2012-00221 pertaining to the rates of the Kentucky Utilities Company. Number 64, a resolution authorizing the mayor on behalf of the Urban County Government to execute agreements with the Bluegrass Community Foundation, Inc., 1,225, and Dogwood Trace Neighborhood Association, Inc., $700 for the Office of the Urban County Council at a cost not to exceed the sum stated. Number 65, a resolution approving the granting of an inducement to Delta T Corporation doing business as big-ass fans pursuant to the Kentucky Business Investment Act, KRS Chapter 154.32, whereby the Lexington Fayette-Irvin County Government agrees to forego the collection of the 1% of the occupational license fees for a term of not longer than 10 years from the activation date, subject to the limitations contained in the Act and any agreement Delta T Corporation doing business as big-ass fans has with the Kentucky Economic Development Finance Authority related to the project and taking other related action. And number 66, a resolution amending section 4.506 of the Council rules related to confirmation of appointments to delete reference to terms of office that commenced prior to July 1, 1990, and to require that a confirmation hearing be held prior to confirming appointments to the Planning Commission, the Board of Adjustment, or the Ethics Commission. Thank you, Madam Clerk. Are there any motions for Walcons? Council Member Myers. It's not a walk-on. 12th, Council meeting a resolution establishing a residential parking permit program for the 200 block of Dantzler Court. And I'm walking this on because it needs to get two readings before Christmas break and school starts back in. Second. Motion by Councilman Lawless, second by Councilman 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. All right. I'll be most happy to give that first reading. All right. Thank you, Madam Clerk. Number 67, a resolution establishing a residential parking permit program for the 200 block of Dantzler Court from 8 a.m. to 5 p.m. Monday through Friday, excluding holidays 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. Thank you. Thank you. Council Member Myers. Thank you, Mayor. I'd like to suspend the rules for the purpose of giving second readings to No. 38 and No. 46. Second. It's a motion by Council Member Myers, seconded by Vice Mayor Gordon. to suspend the rules on 38 and 46. Is there any discussion? All in favor, please indicate by saying aye. Opposed, no. Motion carries. Council Member McCord. Thank you, Mayor. Just a motion to suspend the rules on number 47 to give the NDF second reading. Second. Motion by Council Member McCord. Second by Vice Member Gordon. Is there any discussion on the motion? All right. All in favor, please indicate by saying aye. Aye. Opposed, no. Motion carries. Council Member Crosby. I'm sorry, Mayor, I had the same one as Council Member McCord. I apologize. Okay. Any others? Mayor, the administration had a couple. Number 36, which is your conditional offer for employees, and then number 63, which is the Kentucky Utilities Settlement. It's a motion by Council Member Crosby. Is there a second? Second. Seconded by Council Member Ellinger. All right. Is there any discussion on the motion? Vice Mayor? 63. Vice Mayor, you're new. It's okay. All right. All right. All right. If there is no further discussion, then, all in favor of the motion, please indicate by saying aye. Aye. Opposed, no. Motion carries. Any others? All right, then, Madam Clerk, do you want to give a second read when you're ready? Thank you. Number 36. A resolution authorizing the Division of Human Resources to make a conditional offer to the following probationary civil service appointments. Christopher Phillips, Administrative Specialist, Grade 110N, 14.423 hourly. Hourly in the Division of Waste Management, effective upon passage of council. Tara Gentry, Staff Assistant Senior, Grade 108 N, 14.612. Hourly in the Division of Building Inspection, effective upon passage of council. Elizabeth McKinney, Staff Assistant Senior, Grade 108 N, 16.677. Hourly in the Division of Family Services, effective upon passage of council. Gabriel Hensley, Environmental Inspector, Grade 113 N, 19.719. Hourly in the Division of Water Quality, effective upon passage of council. Donald Bowen, maintenance mechanic, grade 113 N, 16.512 hourly in the Division of Water Quality, effective upon passage of council. Robert Hall, maintenance mechanic, grade 113 N, 18.233 hourly in the Division of Water Quality, effective upon passage of council. And Marsha Woodward, static assistant, grade 107 N, 12.977 hourly in the Division of Police, effective upon passage of council. Authorizing the Division of Human Resources to make a conditional offer to the following unclassified civil service appointments of Alan Baldwin, Project Engineering Coordinator, Grade 119E, 2007-88-46, biweekly in the Division of Water Quality, effective upon passage of council. Chase Asvedo, Project Engineering Coordinator, Grade 119E, 2003-23-65, biweekly in the Division of Water Quality, effective upon passage of council. Number 38, a resolution authorizing the mayor on behalf of the Irving County Government to execute an agreement with the CHIP's Rewards to provide a health incentive program for a three-year term effective upon passage of Council. 46. A resolution authorizing the mayor on behalf of the urban county government to execute a renewal of the flexible spending plan with the mayor of Flex for Health and Dependent Care. flexible spending accounts for the period of January 1, 2013, through December 31, 2013. Number 47, a resolution. Authorizing the mayor on behalf of the Irvin County Government to execute agreements with Girls on the Run, Central Kentucky Corporation, $1,000, Fraternal Order of Police, Billigrass Lodge, number 4, Incorporated, $1,125, Stonewall Community Association, Incorporated, $500, YMCA of Central Kentucky, $1,000, Black Church Coalition of the Bluegrass Incorporated, $950. Carnegie Center for Literacy and Learning, $800. Dr. Roy P. and Juanita Betts-Peterson Arts and Education Fund Incorporated, $1,000. Forest Ridge Maintenance Association Incorporated, $650. Lafayette High School Wrestling Booster Club, $750. Assurance for Life Incorporated, $2,400. Casa of Lexington Incorporated, $1,000. Georgetown Neighborhood Association Incorporated, $1,250. Highlands Neighborhood Association, $700. Firebook Estates Homeowners Association, Inc., $700. And the Southland Association, Inc., $700. For the office of the Urban County Council, it costs not to exceed the sums stated. Number 63. Number 63. A resolution ratifying the Department of Law's execution on behalf of the Urban County Government and subject to the approval of the Kentucky Public Service Commission of a unanimous settlement agreement, stipulation and recommendation, and any other necessary settlement documents in Kentucky Public Service Commission case number 2012-00221 pertaining to the rates of the Kentucky Utilities Company. And I believe that's it. Thank you, Madam Clerk. Motion to approve. Second. Motion by Council Member Ellinger. Second by Council Member Crosby. Is there any discussion on the motion? All right, then, when you're ready, Madam Clerk, please call the roll. Mr. Ellinger. Yes. Mr. Farmer. Mr. Ford. Yes. Ms. Gorton. Aye. Mr. Henson. Oh, excuse me, Ms. Henson. Excuse me. Sorry about that. That's what you get when you hurry. Sorry about that. Did you say yes? I, A? Okay. Mr. K? Yes. Oh, dear. Mr. Lane? Yes. Ms. Lawless? Geez, old piece. Yes. Can somebody just be a Mr. tonight? Mr. McCord? Yes. Mr. Myers? Yes. Mr. Stennett, Mr. Blues, and Ms. Crosby. Geez, that was difficult. Thank you, Madam Clerk. The vote reflects passage of the motion. All right, next on our agenda, communications from the mayor. Motion by Council Member Stennett. Second by Council Member Myers. Is there any discussion on the motion? All right. Hearing none, then we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Next is FYI for information only, which takes us to announcements. The floor is open to council members. Council Member Parmer. No? Yes. All right. And nobody signed up? Wait, he has some. He has some tree. Oh, oh, oh. I may not be ready either. I spoke on Tuesday, and Council Member Wallace, I think, will have some other comments. I don't want to take them all. But I put the hat on the tree to signify the open house in Chevy Chase tomorrow night and the pub crawl on Saturday night. She has details that I don't want to take away from her on that. Then I brought the tree because on Sunday night, we'll be having the tree lighting on the lawn at Ashland, but we're going to do a simulation right now. Yay! So from 3 to 6 at Ashland, they'll be selling wreaths. They'll have Starbucks. The Lexington Singers will be there. The actual tree lighting will be at 5 o'clock. and I would encourage everyone to go and have a great time outdoors at Ashland at the holiday. Thank you, Mayor. Wonderful. It is a spectacular tree. Yours is as well, and the one at Ashland is. A kind compliment. Thank you, sir. Exciting. All right. Council Member Lawless? Yes, and I want to thank Council Member Farmer for letting me have my Vanna White moment by lighting the tree. the Chevy Chase merchants are having an open house from 5 to 8. Santa Claus is going to be there. Carriage rides. Carriage rides. Free jewelry I think. No, that's not Samples. Sample jewelry. And then Saturday night the Chevy Chase is having a pub crawl starting at Bourbon and Toulouse, and you get a wristband. I think there's a small fee for that, and then that gets you into all the other places, and that's from 6.30 to 2. So I assume if you participate the entire time, you, in fact, will be crawling. The Woodland Triangle shops are having an open house this weekend. and I want to remind people and there are several other things going on in the district special Christmas festivities or holiday I want to remind everybody about the Good Giving project going on right now you can go to goodgiving.com and contribute to charities and they will be matched there's quite a few of them, you can do it in honor of somebody if you're looking for a gift for that hard-to-buy-for person. I can't wait for my grandchildren to open up their donation card. But anyway, it does make a good Christmas gift and helps out many local organizations, and there is a wide variety to choose from. And then there's matching grants from different places. So with that being said, thank you very much. Council Member Ford. Thank you, Mayor. Mayor, I appreciate the recognition and the sadness that our community is facing now with the passing of Mr. Sykes. I just wanted to, again, as we close out, send our condolences to his family and to many folks around Lexington. I ask that while we had the opportunity to be in their presence a few weeks ago, that we can continue to keep them in our thoughts as many of them come back to town. I understand that the service is going to be Monday evening. It's just been published at 6 p.m. at Historic Pleasant Green Church, his home church. I mentioned something, too, during the reception when we were in your office, Mayor, before we came up that Mr. Sykes' legacy will continue to go on forever and ever. He's just a shining example. He was elected in 1963, 49 years ago. And his election, of course, was a historic feat for the African-American community, but it was also a feat for all of Lexington. He was active and elected before the Federal Voting Rights Act was passed in 1965. That speaks volumes about our city. Every city has had its challenges, but we're just very thankful for his legacy in this. And, again, let's keep his family and friends in our thoughts. Thank you, Mayor. Thank you, Council Member Ford. All right. Next on our agenda, public comments. And Mr. McCarthy has signed up to speak to the council. Okay. For the record, my name is Bernard McCarthy. My address is 515 Harry Street. First off, I want to say that I think that resolutions 49, 50, 51, 52, and 65 are a serious mistake on the part of this government. You should not be bribing businesses to move here by cutting their taxes below the rate that is paid by those who are already here. And I say this because inevitably when you lure more businesses in, that brings more people in to work in those businesses. It never works out to put the hardcore unemployed to work that we're already stuck with. I think most of them will still be unemployed. Instead, what you do is draw in more growth while you're giving up any chance to collect enough revenue to build the infrastructure needed to accommodate that growth. I mean, you keep pulling in more people, but you're not bringing in the revenue to build the road capacity to accommodate those people. And I think this is a mistake. I also think digging up town branch would be a serious mistake, both because it would waste money and because it would waste the capacity of whatever streets you dig up to uncover it at a time when we actually need more capacity than we can afford. And if it did succeed in making more people want to come downtown, it would also make it hard, much more difficult for any of them to actually get downtown. Thank you, Mr. McCarthy. All right. That's all who signed up to speak tonight. Is there a motion? There's a vigorous motion by Council Member Crosby, a second by Vice Mayor Gordon. I'll invariably say I oppose without objection. We are adjourned.