Well, hello everyone. Hello and good evening and welcome to the meeting of the Council. The first on our agenda is a roll call by our council clerk. Madam Clerk, please call the roll. Mr. Farmer. Here. Mr. Ford. Here. Ms. Gorton. Here. Ms. Henson. Here. Mr. Kay. Here. Mr. Lane. Here. Ms. Lawless. Mr. Martin. Mr. McCord. Here. Mr. Myers, Mr. Stennett, Mr. Beard, Mr. Blues, Ms. Crosby, and Mr. Ellinger. Thank you. Thank you. Thank you, Madam Clerk. Tonight we are very pleased to have with us for our invocation Lucia Gilchrist, who Lucia is director of the Shambhala Center of Lexington, and Lucia is going to share with us some about the Shambhala Center before her invocation. Thank you so much. Good evening. Lucia, you might pull that. There you go. Yes, ma'am. Is that good? Thank you so much. Can you hear me now? We can. Thank you, Mary Gray and members of the Council for the opportunity to offer the invocation this evening. I'd also like to thank Hillary Angelusi for her kind assistance in helping me to prepare for this evening. I'd like to make a brief statement about Shambhala for those of you who are not familiar with our center. Shambhala is an international organization of centers where people gather to engage in community activities, to practice, and to study. Our local organization, our local center, was established in 1976, and we have been at our current location on Maxwell Street since 1995. Shambhala has its roots in Tibetan Buddhism and two of our primary teachings are that each of us at our core is inherently wise and compassionate and brave and that when we come together as groups of people we can call upon these inherent qualities which we call our basic goodness to create enlightened societies. The way we reconnect to our basic heart of human goodness and strengthen it so that it becomes more available to us as we go about our everyday lives is through the practice of mindfulness meditation, which is our core practice and the foundation of all of our practices. And now the invocation. Each of us has come to this place at this time because we care about our community. We want to live in a place where we and our fellow citizens can lead our lives in peace and contentment and where we are able to provide for ourselves and for those for whom we care. May we have the courage to open our hearts and minds to the dignity and goodness of each person who has come this evening to express concern for this community. May we feel compassion for those whose circumstances leave them vulnerable and fearful of their futures. may each of us recognize and move beyond any fear we may hold about our changing world so that the wisdom of all we have to offer this evening can come forward and as we consider the issues and concerns that need to be addressed may we not forget and appreciate all the goodness our community offers Thank you to our community leaders and to all who have come this evening with the intention of enriching this place in which we live. Thank you and good evening. Lucia, thank you very much and also your friends from the Shambhala Center. I'm improving my pronunciation. And we appreciate the significance and relevance of your message. Thank you. All right. Tonight we have some awards for the local recycle bowl competition, the school awards. And our very own Steve Fease is here once again this year. Steve will be presenting the awards, and I'll head down to give a little assistance, just to hand stuff out and direct. All right? You guide me every step of the way, Steve. Thank you. Okay. Good evening. Students from 22 Fayette County schools competed in this year's recyclable competition. This year's competition included public and private schools, and the time period was from October 15th through November 9th. Lexington's efforts were coordinated by the Reduce, Reuse, and Recycle team. They included Bluegrass Pride, Wise Recycling, Phoenix LLC, Central Kentucky Fiber, Goodwill Industries, Keep Lexington Beautiful, Habitat for Humanity, Fayette County Public Schools, and the LFUCG. We recycled more than 192,000 cans. That's about almost 6,000 pounds of cans. and all participating schools were paid by the buyback centers that these items were actually brought to. In addition, Wise Recycling, Central Kentucky Fiber, Keep Lexington Beautiful, and the Urban County Government's Division of Waste Management contributed monetary prizes to reward the schools that collected and recycled the highest number of cans. in their respective categories, as well as six schools that collected the most cans regardless of the size of the student population. The schools that collected and recycled the highest number of cans per student in their respective size categories will receive each $750. The six schools that collected the most cans regardless of their size will each receive $450. if schools are eligible to receive only one monetary prize. So it is our pleasure now to present certificates to all the participating schools to show our appreciation and also to present monetary checks to all those schools. I think Gary Hoover from the Fayette County Public Schools will be reading the names off. Gary, could you come forward? Thank you. Thank you, Steve. The school's earning certificates are Ashton Elementary. Thank you. Here we go. All to God. And one more time. Thanks, sir. Thank you. I need to hang around any longer. I don't think so. Okay, thanks, sir. The next school is Athens-Charlesburg Elementary. I don't believe they're representative today. Beaumont Middle. Dixie Elementary. Henry Clay High School. Leastown Middle School. Mary Todd Elementary. Montessori High School. Morton Middle School. Paul Lawrence Dunbar. Russell Cave Elementary. Tate's Creek High School. All right. And one more time. Very good. Thanks. Thank you. Veterans Park Elementary School. That concludes the certificates. Now we're moving on to schools earning certificates and prize money. There's three categories. First category, under 300 student size category, Lexington Family Care Center. Beautiful. Just beautiful. All right, and one more, my dear, very much. Thank you. Thank you. Next category, 300 to 599 student size, SARE School. Thank you. Thank you. Applause Thank you. schools were awarded $750. I failed to say that. The six schools that collected the most cans are, and each of these schools will be rewarded $450, the first school is the Lexington Day Treatment Center. Very good. One more time. Thank you. The next school is the Lexington Universal Academy. Thank you. Next school is Montessori Middle. And one more time, yeah, it's not a smile on the screen. Thank you. The next school is Cardinal Valley Elementary School. The fifth school is Christ the King School. And the final school is Wellington Elementary. Thank you. Thank you so much. And we'd like to thank all the parents and sponsors and the volunteers that made this thing possible here. Thanks very much. Thank you all. Thank you everybody for joining us tonight, for being here with us. And yes, you don't have to stay. But the Christmas parade is just a little bit from now. Yeah. Okay, all right. Next on our agenda tonight, our ordinance is requiring a second reading. Madam Clerk, when you are ready. And on number nine, Vice Mayor Gorton has an amendment. Ordinance number one and ordinance amending 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 two, an ordinance expanding and extending the full urban services district. Number one, to provide street lighting and street cleaning and garbage and refuse collection to include this area defined as certain properties on the following streets. Eminent Drive, Mackinwood Drive, Malibu Drive, Mantoba Lane, Miles Point Way, Moon Coin Cove, Moon Coin Way, Old Town Walk, Ridgewater Drive, Sandersville Roads, Town Square Park, Glendova Road, and Codale Drive. Number 3, 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 areas as defined as certain properties on the following street, Catherine Place. Number 4, an ordinance expanding and extending partial urban services district. Number 5, for the urban county government, for the provision of garbage and refuse collection and street lightings to include the areas defined as certain properties on the following streets, Claridge Drive and Malvern Road. Number five, an ordinance repealing subsection 13-13B11 of the Code of Ordinances of the Lexington-Fayette Urban County Government pertaining to the licensing of dealers and firearms or deadly weapons and renumbering subsections 13-13B12 through 32 of the Code of Ordinances, all effective upon date of passage. Number six, an ordinance amending certain of the budgets of the Lexington-Fayette Urban County Government to reflect current requirements for funds in 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 7. 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 Kingland. number 8, an ordinance creating section 2-3.2 of chapter 2 of the Code of Ordinances of the Lexington-Vaderborn County Government to establish procedures and guidelines for redistricting council districts. Thank you, Madam Clerk. Vice Mayor Gordon. Thank you, Mayor. As those of you who've been here a while know, the calendar's never finished till it's finished. So I move that item number nine under second reading of ordinances, the 2013 Council calendar, be amended to schedule the initial meeting of the Public Safety Committee on January 15, 2013 at 2.30 p.m., and that will be for the purpose of electing a chair, schedule the initial meeting of the Social Services Committee on January 22, 2013 at 1.30 p.m., and schedule the initial meeting of the Economic Development Committee of the Whole on February 19, 2013 at 11 o'clock a.m. instead of on January 22, 2013. These are material changes and will require a new first reading of the ordinance. So a motion by Vice Mayor Gordon, second by Council Member Myers. Is there any discussion on the motion? Okay. Hearing none, then we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Madam Clerk, when you're ready to do the first read, go right ahead. Yes, sir. First reading of ordinance number 9, an ordinance pursuant to section 2-1A of the Code of Ordinances of the Lexington-Vade-Irban County Government, adopting a schedule of meetings for the Council for the calendar year 2013. Do you want me to proceed? Go ahead and read the others and then come back to that one. Yes, sir. Number 10 for second reading. An ordinance amending subsection 14-728 of the Code of Ordinances of the Lexington-Faderman County Government pertaining to operating or playing radios, televisions, and other related items in the manner as to create a noise disturbance and creating subsection 14-7211 of the Code of Ordinances to prohibit noise disturbances emanating from vehicles located in the public right-of-way or on public land which are audible more than 10 feet from the vehicle. And number 11, for second reading, an ordinance amending certain of the budgets of the Lexington-Fayton County Government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds, Schedule number 25. Thank you. Thank you, Madam Clerk. All right, we'll go through these first. Is there a motion to approve the second reading? Move the approval. Motion by Vice Mayor Gordon, second by Council Member Henson. Is there any discussion? All right, then we can do a roll call, Madam Clerk. We'll come back to number nine. Really not sure. No. Yes on everything else. I'll reflect that. And Mr. Ellinger. Thank you. Thank you. The vote reflects passage on the motion. Is there a motion to suspend the rules? Vice Mayor Gordon. I move to suspend the rules and give number nine second reading. Second. Murched by Vice Mayor Gordon, second by Council Member Ellinger. 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. Madam Clerk, when you're ready. Second reading on ordinance number nine. And ordinance pursuant to section 2-1A of the Code of Ordinances of the Lexington-Fayette-Irvin County Government, adopting a schedule of meetings for the council for the calendar year 2013. Thank you, ma'am. Is there a motion? Motion by Council Member Ellinger. Second by Council Member Myers. Is there any discussion on the motion? Okay. Hearing none, then we can take a vote. Madam Clerk, when you're ready. You guys are a lot faster than I am tonight. I know. I wouldn't. Darn. Mr. Farmer. Yes, ma'am. Mr. Ford. Yes. Ms. Gorton. Aye. Ms. Henson. Yes. Mr. Kay. Yes. Mr. Lane. Yes. Ms. Lawless. Yes. Mr. Martin. Yes. Mr. McCord. Yes. Mr. Myers. Yes. Mr. Stinnett. Yes, ma'am. Mr. Beard. Aye. Mr. Blues. Yes. Ms. Crosby. And Mr. Ellinger. Yes. Thank you, Madam Clerk. The vote reflects passage on the motion. And when you are ready to go with ordinances for first reading, go right ahead. Ordinance number 12. An ordinance change in the zone from a professional office P1 zone to a high-density apartment R4 zone for 5.77 net, 9.93 gross. Acres for property located at 161 and 181 Lees Town Center Way, Mullis Family LLC, Council District 12. Number 13. An ordinance change in the zone from a planned neighborhood residential R3 zone with conditional zoning restrictions to a high-density apartment R4 zone for 9.3 net, 11.67 gross acres for property located at 4250 and 4290 Harrodsburg Road and 4113 and 4204 Reserve Road, Homes by Anderson Tate, Council District 10. Number 14, an ordinance amending Section 22-5, two of the Code of Ordinances, creating one position of Aging Services Program Manager, grade 116E, in the Department of Social Services, appropriating funds pursuant to Schedule number 22, effective upon passage of council. Number 15, an ordinance amending Section 21-52 of the Code of Ordinances, abolishing one position of Database Administrator, Grade 117E, and creating one position of Information Systems Business Analyst, Grade 120E, in the Division of Enterprise Solutions, appropriating funds pursuant to Schedule No. 29, effective upon passage of Council. Number 16, an ordinance amending Section 21-52 of the Code of Ordinances, abolishing one position of Life Skills Program Instructor, Grade 110E, and one position of Community Corrections Lieutenant Grade 114E and creating one position of Life Skills Program Specialist Grade 113E and one position of Community Reentry Coordinator Grade 115E in the Division of Community Corrections appropriating funds pursuant to Schedule No. 28 effective upon passage of council. Number 17, an ordinance... an ordinance authorizing the issuance of up to $3,850,000 of Cultural and Recreational Revenue Bonds Series 2012 Anchor Baptist Church, Inc. project of the Lexington-Fayder County Government, the proceeds of which shall be loaned to Anchor Baptist Church, Inc. to finance the commercial loan dated November 26, 2012 between Anchor Baptist Church Incorporated and Fifth Third Bank, in which loan refinanced the Lexington-Fayton County Government Cultural and Recreational Revenue Bonds Series 2009, Anchor Baptist Church Incorporated Project, which refinanced the Lexington-Fayton County Government Adjustable Rate Demand Industrial Revenue Bonds Series 2007, including penalties and or premium, the proceeds of which were used to construct, install, acquire, renovate, and equip certain capital improvements to the facilities of Anchor Baptist Church, Incorporated, providing for the Pledge of Revenues for the payment of such bonds, authorizing a bond purchase and loan agreement, authorizing the protection and disposition of such revenues, and to further secure bonds, recognizing the bonds as qualified tax-exempt obligations under IRC Sections 265, Subsection B3G, I, and double I, and authorizing other actions in connection with the issuance of such bonds. And number 18, an ordinance amending certain of the budgets of the Lexington-Vader County Government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds, Schedule number 27. Thank you. Thank you, Madam Clerk. Are there any walk-ons for Council Member Blues? Thank you, Mayor. I move to place on tonight's docket an ordinance amending certain budgets of the government to reflect current requirements for funds in the amount of $1,000 for parks and recreation from neighborhood development funds for playground equipment at Masterson Station Park. So moved. Second. Motion by Councilman Blues, second by Vice Mayor Gordon. 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 passes. Madam Clerk, you want to give it a first read, please? Thank you. Ordinance number 19 for first reading, an ordinance vending certain of the budgets of the Lexington-Fayn-Irban County Government to reflect current requirements for funds in the amount of $1,000 for parks and recreation from neighborhood development funds for playground equipment at Masterson Station Park and appropriating and reappropriating funds, Schedule No. 31. Thank you, Madam Clerk. Is there any other walk-ons or motions? All right. If not, then we can move on to resolutions. Resolution No. 1, 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. Number two, 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 three, a resolution accepting the bid of Arrow Electric Company establishing a price contract for fiber optic cable installation and repair for the Division of Traffic Engineering. Number four, a resolution ratifying the probationary civil service appointments of Viola Howard, Administrative Specialist, Grade 110N, 19.782, Ireland, Division of Parks and Recreation, effective December 10, 2012. Evelyn Bologna, Deputy Director of Recreation, Grade 120E, 3003-99-04, biweekly in the Division of Parks and Recreation, effective November 19, 2012. 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 Sales 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 in the Division of Police, effective December 10, 2012. Number five, 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. Number six, a resolution authorizing the Mayor on behalf of the Urban County Government to execute an agreement with the 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 seven, 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. Number eight, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a fixed price agreement for natural gas supplied under Columbia Gas of Kentucky's SVGTS tariff with the lowest responsive bidder contingent upon a price not to exceed $6.40 per MCF. Number nine, a resolution authorizing the mayor on behalf of the Oregon County Government to execute a management agreement with the Lexington and Fayette County Parking Authority for the operation and management of the district courthouse parking garage. Number 10, 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 11, 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, for the purchase of 30 body armor, 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 12, a resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute a product license agreement with Unicom Systems Incorporated, MACRO 4 for mainframe software at a cost not to exceed $14,000 FY2013. Number 13, a resolution approving the granting of an inducement to LAX Incorporated pursuant to the Kentucky Business Investment Act, KRS Chapter 154.32, whereby the Lexington-Fayton-Irvin County Government agrees to forego the collection of 1% of the occupational license fees for the term of not longer than 10 years from the activation date subject to the limitations contained in the Act and any agreement I'll own that's incorporated has with the Kentucky Economic Development Finance Authority related to the project and taking other related action. Number 14, a resolution approving the granting of an inducement to NITCO-DINKO Automotive Kentucky Incorporated 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 any agreement Nito-Dinko Automotive, Kentucky Incorporated, has with the Kentucky Economic Development Finance Authority related to the project and taking other related action. Number 15, a resolution approving the granting of an inducement to Premier Tox 2.0, Incorporated, pursuant to the Kentucky Business Investment Act, KRS, Chapter 154.32, whereby the Lexington-Baderman 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 Tox 2.0, Incorporated, has with the Kentucky Economic Development Finance Authority related to the project and taking other related action. Number 16, a resolution approving the granting of an inducement to exact associates LLC doing business as exact communications pursuant to the Kentucky Business Investment Act KRS Chapter 154.32, whereby the Lexington-Vade Urban 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, Ex-Act Associates, LLC, doing business as Ex-Act Communications, as with the Kentucky Economic Development Finance Authority, related to the project on taking other related action. Number 17, 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 AT&T Mobility National Accounts, LLC, at no additional cost to the urban county government. Number 18, 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 S1907, with Sprint Solutions Incorporated at no additional cost to the urban county government. Number 19, 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 20, a resolution authorizing the mayor on behalf of the Urban County Government to execute an agreement with the Transportation Cabinet Commonwealth of Kentucky for lease of space at 162 East Main Street. 21, a resolution accepting the collective bargaining agreement with AFSCME Local 2785 on behalf of lieutenants and captains in the Division of Community Corrections. 22, a resolution authorizing the mayor on behalf of the Urban County Government to execute a release of easement, releasing a sanitary sewer access easement on property located at 761 Enterprise Drive. 23. A resolution authorizing the Mayor on behalf of the Irwin 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. 24, a resolution authorizing the mayor on behalf of the urban county government to execute an agreement with the Meridian Management Corporation for Facility Management Services for Fayette County Courthouses at a cost not to exceed $412,213. Twenty-five, 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 are 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. Twenty-six, a resolution authorizing the mayor on behalf of the urban county government to execute a purchase 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 27, a resolution authorizing the mayor on behalf of the Irvin County Government to execute agreements with Bluegrass Community Foundation incorporated $1,225 and Dogwood Trace Neighborhood Association incorporated $700 for the office of the Irvin County Council at a cost not to exceed the sums stated. Number 28, a resolution authorized approving the granting of an inducement to Delta T Corporation doing business as big as fans, pursuant to the Kentucky Business Investment Act, KRS Chapter 154.32, whereby the Lexington-Badourbon 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 data. that Delta T Corporation due in business as big as fans with the Kentucky Economic Development Finance Authority related to the project in taking other related action. 29. 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. And number 30, 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, Madam Clerk. Motion by Council Member Ellinger, second by Council Member Myers. Is there any discussion on the motion? Council Member Beard. Commissioner Hamilton, I'm not picking on you, just so happy. This is the one that kind of struck a nerve with me. It seems that all of these recitals are a little short on detail. The resolution involving the Meridian Management Corp., it would be nice to know, is that a one-year contract, a three-year contract? What is it? I'll have John Shee come here and we'll give you all the details. Okay. Very quickly. The courthouse facility maintenance contract is for the initial term is for five years, and we will have the option to renew for five additional year on a year-per-year basis. The $412,000, though, is that? That is for the remainder of the current fiscal year, which is from January. The effective date for the contract for the new contract would be January 13th of 2013 until the end of June. and then it would renew at the fiscal year 2014 fiscal year. So this is half a year for $400,000? That is correct, yes. Not bad work? We're in the wrong business. Yep, close to about 298,000 square feet. Everything included janitorial services, maintenance, repairs, minor repairs, and so forth. we're only responsible for 6.5% of that. AOC is responsible for the remainder of the... I was wondering where they came in. Yes. Yep. Okay, thank you very much. Thank you, Commissioner. Thank you, Mayor. Thank you, Council Member Beard. Any further discussion on the motion? All right. And if not, then, Madam Clerk, you may call the roll. Mr. Farmer. Yes, ma'am. Mr. Ford. Yes. Ms. Gorton. Aye. Ms. Henson. Yes. Mr. Kay. Yes. Mr. Lane. Yes. Ms. Lawless. Yes. Mr. Martin. Yes. Mr. McCord. Yes. Mr. Myers. Yes. Mr. Stennett. Yes, ma'am. Mr. Beard. Aye. Mr. Blues. Yes. Ms. Crosby. Yes. And Mr. Ellinger. Yes. Thank you. Thank you, Madam Clerk. The vote reflects passage on the motion. So whenever you are ready, please proceed with resolutions for our first reading. Resolution number 31, a resolution accepting the bids of Boundtree Medical LLC and Grogan's Incorporated establishing price contracts for emergency medical supplies for the Division of Fire and Emergency Services. 32. A resolution accepting the bid of Todd Johnson Contracting Incorporated in the amount of $1,476,330.16 for the Meadows, Northland, Arlington Neighborhood Improvement Phase 5A for the Division of Water Quality and authorizing the mayor on behalf of the Urban County Government to execute an agreement with Todd Johnson Contracting Incorporated related to the bid. Nice tune. Number 33, a resolution accepting the bid of BGE in the amount of $45,500 for the demolition and site restoration of Berry Hill Pool for the Division of Parks and Recreation and authorizing the mayor to execute any necessary agreement with BGE related to the bid. Number 34, a resolution accepting the bid of Morelia Design and Construction in the amount of $189,828 for the old Frankfurt Pike Alexandria Drive rock wall project for the council office and authorizing the mayor on behalf of the Irving County Government to execute an agreement with Morelia Design and Construction related to the bid. Number 35, a resolution accepting the bid of Paul Miller Ford Incorporated establishing a price contract for reflective vehicle decals for the Division of Police. Number 36, a resolution accepting the bid of Smith contractors incorporated in the amount of $1,146,900 for the expansion area to a wastewater system improvements contract to Forest Main for the Division of Water Quality and authorizing the mayor on behalf of the Irvin County Government to execute an agreement with Smith contractors incorporated related to the bid. 37, a resolution authorizing the Division of Human Resources to make a conditional offer to the following probationary civil service appointment. William Gahoffer, public service worker, grade 106N, 11.968 hourly in the Division of Parks and Recreation, effective upon passage of counsel. 38, a resolution ratifying the probationary civil service appointments of Cherique Edmonds, public service supervisor, senior grade 114E, E144072, biweekly in the Division of Waste Management, effective October 25, 2012. Ratifying the permanent sworn appointments of Jacqueline Newman, Police Sergeant, grade 315N, in the Division of Police, effective July 13, 2012. Dean Markham, Police Lieutenant, grade 317E, in the Division of Police, effective November 14, 2012. Albert Johnson, Police Sergeant, grade 315N, in the Division of Police, effective August 20, 2012. and David Broschick, Police Lieutenant, Grade 317E, in the Division of Police, effective August 20, 2012. Number 20, excuse me, 39. A resolution authorizing the Mayor on behalf of the Urban County Government to execute an agreement with the Kentucky Transportation Cabinet, Division of Maintenance for Traffic Signal Equipment for the Tates Creek Road Sidewalk Improvements Project, at a cost not to exceed $54,033.48. 48. A resolution, excuse me, number 40. A resolution authorizing and directing the mayor on behalf of the urban county government to execute an agreement with group CJ LLC for the mobility office marketing campaign for FY 2013 at a cost not to exceed $44,400. 41. A resolution authorizing the mayor on behalf of the urban county government to execute change order number one to the contract with W. Rogers Company for the Deep Springs Pump Station and forced main upgrade for the Division of Water Quality, increasing the contract price by the sum of $42,104.04, from $1,786,000 to $1,828,104.04. Number 42. A resolution authorizing the mayor on behalf of the urban county government to execute a memorandum of understanding with Fayette County Public Schools for transportation services for the family care center students and their children for the remainder of the 2012-2013 school year at a cost not to exceed $40,000. Forty-three, a resolution authorizing the mayor on behalf of the Urban County Government to execute an agreement with Tetra Tech Engineering and Architectural Services, a sole source provider, to prepare the construction progress report for the closure of CP1, CP2, CP3, and associated facilities at the Haley Pike landfill at a cost not to exceed $32,875. Number 44, a resolution authorizing the mayor on behalf of the Irvin County Government to accept a grant from the Kentucky Office of Homeland Security, which grant funds are in the amount of $108,000 federal funds. are for the structural collapse technician certification training, $53,000, and hazardous devices unit training, $55,000, the acceptance 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 45, a resolution authorizing the mayor on behalf of the urban county government to accept a grant from the Kentucky Justice and Public Safety Cabinet, which grant funds are in the amount of $40,000. Federal funds are for continuation of the Ticketing Aggressive Cars and Trucks program, the acceptance of which obligates the urban county government for the expenditure of $10,000 as a local match 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 five-year lease purchase agreement with plan imaging a sole source provider for two iPlan tables and two scanner printers for the Division of Engineering at a cost not to exceed $5,000 in FY2013. 47, a resolution authorizing the mayor on behalf of the urban county government to accept a grant from the National Police Athletic Activities League, Incorporated, which grant funds are in the amount of $1,800 federal funds are for operation of the Police Activities League football program the acceptance of which does not obligate the Irving County Government for the expenditure of funds and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 48, a resolution authorizing the mayor on behalf of the Irving County Government to execute an amendment to agreement with AIDS Volunteers Incorporated for extension of the agreement for operation of a tenant-based rental assistance program through December 31, 2013. Number 49, a resolution authorizing and directing the mayor on behalf of the Irving County Government to execute an agreement with Access Wellness Group to provide employee assistance for a one-year term beginning January 1, 2013. Number 50, a resolution amending resolution number 557-2012 pertaining to the purchase of Lucas II chest compression devices and related equipment and services from Physio Control Incorporated to provide for the purchase of $75,000.25 and devices and related equipment and services and for future purchases as budgeted. 51. A resolution authorizing the mayor on behalf of the urban county government to accept a grant from the Kentucky Department of Military Affairs Division of Emergency Management, which grant funds are in the amount of $105,456.81 federal funds, are for support of emergency preparedness activities in Lexington Fayette County, the acceptance of which obligates the urban county government for the expenditure of $105,456.81 as a local match and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 52, a resolution adopting the Capacity Assurance Program Task Force report and defining terms and creating procedures consistent with the CAP to provide that the properties with a sanitary sewer capacity use of record as of the effective date of this resolution date shall receive a permanent allocation of sanitary sewer capacity in the urban county government sanitary sewer system sewer allocation not exceeding the amount of the previous use of record unless the capacity of voluntarily released to provide that properties may request a sewer allocation upon approval of a preliminary subdivision plan, final development plan, or amended final development plan, qualifying plan, developments that may proceed without a qualifying plan, must have a permanent allocation of sewer capacity or credits prior to issuance of a building permit, and that no tap on permit will be granted without certification of adequate capacity to provide that subject to EPA approval properties for which an active qualifying plan has been submitted to the Urban County Planning Commission prior to the resolution date shall be granted a permanent sewer allocation provided the relevant plan is approved by the Commissioner not later than July 3, 2013 to provide that subject to EPA approval of residential development properties that have an approved and certified qualifying plan after the resolution date but before July 3, 2013 may reserve a permanent sewer allocation which will be granted up to a maximum annual threshold to provide that subject to EPA approval, non-residential development properties that have an approved and certified active qualifying plan after the resolution date but before July 3, 2013, may receive a permanent sewer allocation, which allocation will be granted provided. All tap-on fees are paid by July 3, 2014, with any unused amount of reserved capacity expiring to provide that properties that receive an approved and certified qualifying plan after July 3, 2013 may obtain a sewer capacity allocation in accordance with the CAP and implementing ordinances upon payment of any applicable administrative fee, reservation, deposit, and or capacity charge to provide that. Subject to EPA approval of properties located in Expansion Area 2 will receive permanent sewer allocations upon submission of a capacity request and providing that if any provisions of this resolution is invalidated by the EPA or a court, the remaining provisions shall remain in full force and effect. Number 53, a resolution authorizing the mayor on behalf of the Irvin County Government to execute four engineering services agreement with HDR Engineering Incorporated, GRW Engineers, Inc., Tetra Tech, Inc., and Stantec Consulting Services, Inc. to provide engineering services for wastewater equalization tanks or basins, Category 1 of RFP 33-2012, related to the consent decree remedial measures projects. Number 54, a resolution authorizing the mayor on behalf of the urban county government to execute agreements with North Point Neighborhood Homeowners Association, Inc., $500. Bellowood Neighborhood Association, Inc. $500. Ashwood Townhouses of Laredo, $500. Lansdowne Neighborhood Association, Inc. $500. Central Kentucky Radio I, Inc. $375. Lansdowne Elementary School PTA, Inc. $500. Oaks Condominiums of Lexington, Inc. $400. And Friends of Wolf Run, Inc. $700 for the office of the Urban County Council. and it costs not to exceed the sums stated. Number 55, a resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute supplemental agreement. Number 4 with the Kentucky Transportation Cabinet for the acceptance of additional federal funds for the Clay's Mill Road Improvements Project in the amount of $2,480,000, the acceptance of which does not obligate the Irvin County Government for the expenditure of funds. Number 56, a resolution authorizing and directing the mayor on behalf of the urban county government to execute a certificate of consideration and any other documents necessary and to accept a deed for the property located at 3700 Alumni Drive for multiple sanitary sewer remedial measures projects and authorizing payment in the amount of $78,000 plus usual and appropriate closing costs. And number 57, a resolution designating the speed limit on Della Drive between Apomodix Road and Harrisburg Road as 25 miles per hour and authorizing and directing the Division of Traffic Engineering to install proper and appropriate signs in accordance with the designation. Thank you. Thank you, Madam Clerk. Are there any walk-on, any motions for walk-ons? You already did yours, didn't you, Council Member Belize? Council Member Myers. Is this the time you're ready for suspensions? Yes, sir. Okay. I'd like to suspend the rules for the purpose of the giving second reading to number 33 so we can get the bid process started while we're on break. Motion by Council Member Myers. Is there a second? Second. Second by Council Member Ellinger on number 33. Is there any discussion on the motion? Okay. Hearing no, we can take a vote. All in favor, please say aye. Aye. Opposed? no? Motion carries. Council Member McCord. Thank you, Mayor. Since this is my last night, I'm going to put in a request for number 55, the Clay's Mill Road Improvement Projects. Motion by Council Member McCord on number 55. Is there a second? Second by Council Member Lawless. Is there any discussion on the Motion. Okay. Hearing none, take a vote. All in favor, please say aye. Aye. Opposed no, unanimously. Motion carries. Anybody else? Okay. The administration had number 37. That is your human resources resolution involving a conditional offer. Okay. Second. Motion by Councilman Ellinger on number 37, second by Vice Mayor Gordon. Is there any discussion on that motion? Okay. Hearing none, we'll take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Thank you. All right. If there's no further, Madam Clerk, when you're ready. Oh, Council Member Lawless, you've got one. to suspend the rules and give a second reading to number 54 the NDF motion by councilman Lawless on 54 second by councilman McCord is there any discussion on motion okay hearing none I can take a vote all in favor please say aye opposed no motion carries All right. Now, Madam Clerk, when you're ready. Thank you. Number 37, a resolution authorizing the Division of Human Resources to make a conditional offer to the following probationary civil service appointment. William Gohofer, Public Service Worker, Grade 106N, 11.968, hourly in the Division of Parks and Recreation, effective upon passage of council. Number 54. A resolution authorizing the mayor on behalf of the urban county government to execute agreements with North Point Neighborhood Homeowners Association, Inc., $500. Bellowood Neighborhood Association, Inc. $500. Ashwood Townhouses of Laredo, $500. Lansdowne Neighborhood Association, Inc. $500. Central Kentucky Radio I, Inc. $375. Lansdowne Elementary School PTA, Inc. $500. Oaks Condominiums of Lexington, Inc. $400. and Friends of Wolf Run Incorporated $700 for the Office of the Urban County Council at a cost not to exceed the sums stated. And number 55, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute Supplemental Agreement Number 4 with the Kentucky Transportation Cabinet for the acceptance of additional federal funds for the Clay's Mill Road Improvements Project in the amount of $2,480,000, the acceptance of which does not obligate the Urban County Government for the expenditure of funds. Thank you. You may call the roll. Mr. Farmer. Yes on all. Mr. Ford. Yes. Ms. Gorton. Aye. Ms. Henson. Yes on all, but I need to recuse on 37. That's my nephew. Thank you. I'll note that in the record. Mr. K. Yes. Mr. Lane. Yes. Ms. Lawless? Yes. Mr. Martin? AWOL. AWOL. OK. Don. Mr. McCord? Yes. Mr. Myers? Yes, on all. Mr. Stennett? Yes, ma'am. Mr. Beard? Aye. Mr. Blues? Yes. Ms. Crosby? And Mr. Ellinger? Yes, ma'am. Thank you. Thank you, Madam Clerk. The vote reflects passage of the motion. Is there a motion on the communications from the mayor? Move approval. Thank you, Vice Mayor. Vice Mayor makes a motion second by Councilor Myers. Is there any discussion on the motion? Okay. Hearing none, then we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Any announcements by Councilmembers? Announcements by Vice Mayor Gordon. Thank you, Mayor. Since this is Councilmember McCord's last meeting, and he's taken his last vote except for voting to adjourn, I suspect, I want to thank you very much for your service to the citizens of Fayette County and wish you well as you go to other endeavors that include some exciting things. Thank you. Thank you, Vice Mayor. Appreciate it. A double ditto on that from this chair and I know from others as well. Jay, we appreciate so much everything that you've done, leadership in so many areas. that, as we all know, will benefit this community for a very long time. Thank you, Mayor. Thank you, sir. May I say something real quick here? You bet. When you look around the room and around this horseshoe, one of the things that I would also, I guess, challenge each one of us that sit in these seats and those who will come and sit in these seats to realize is that you can do more good for Lexington in one day's time in these roles than most citizens will have a chance to do in a lifetime. And you don't want to waste a single day because at the end of it all, it is a temp job. And you only have a brief period of time up here. And after that, someone else takes your place and the city moves on. So, again, I would challenge you to work on the things that have your heart and work on those things that matter most to you and to this community. So, again, thank you for everyone that I've served with, present company as well as past, and you will be missed. Thank you. Thank you, Council Member McCoy. Just as a quick announcement, well, actually, Council Member Farmer. Mine was just a quick announcement about our Spotlight on Youth event tomorrow night at 7 o'clock at the Lyric Theater. Council Member Farmer. Thank you, Mayor. I would like to say something nice about Jay McCord and Tom Blues and Casey Crosby and Doug Martin, but I just can't. Weird like that. But at this time of year, I always try to have a little something for those who are departing. Now, Tuesday, they're going to be here Tuesday. Well, but tonight is when everyone is out other than Doug Martin, who is AOL. This will not take long. But to each, five healthway miles, four spewing sewers, three terms complete, two browned-out stations, and a pension gap yet to meet. Oh, Lordy. Wow. Wow. Seven more days. Wow, wow. Impressive, Council Member Farmer. Thank you, sir. All right. Mr. McCarthy. How are you going to find? Yeah, not that one. Okay. First of all, to those of you who won't be returning in January, I will miss each of you. And I have a few suggestions that I would like your help in passing on to higher levels of government. First off, with the prospect of more and more electric-powered vehicles using our roads, but not burning a fuel that is currently subject to fuel tax, I think the best way to handle that is to require nationwide all fully electric vehicles and all pluggable hybrids to be made with built-in electric meters. then all 50 states and our federal government should then charge tax on the electricity put into recharging them from external sources based on how much gasoline it's the energy equivalent of. Also, much fuss has been made over sales tax on sales through the Internet. Yet, I think we need nationwide a change in the laws of all states that have sales tax, including our own, to say that from now on, if a sale crosses a state line, instead of the tax being due to the buyer's home state, the tax should be due to the seller's home state. That way, consistent with a past Supreme Court ruling, each merchant would only be collecting tax for the state in which they are physically located, but they would be collecting it on every transaction regardless of what state the customer lives in. Now, regardless of how much of an increase or decrease there is in the amount technically owed to each state, every state that has a sales tax would probably wind up collecting more than they currently do. And finally, if we're going to have a changeover from coal-powered electric plants to more solar and wind power, we need an all-out effort to make sure that the jobs that get created go to the areas from which existing jobs will be lost. In other words, get the factories that are going to make solar batteries and the factories that are going to make windmill parts to be located in the areas where coal is currently being mined. And it would be a good idea to build such factories on land that's been recently strip-mined, for instance. That's a good way to reuse the land and to make sure that whoever loses the coal mining job gets a job in one of the new factories to make the solar batteries and windmill parts. And regardless of where you actually install a solar battery or where you install a windmill, presumably you put the solar batteries where the sun shines most and the windmills where the wind blows the steadiest, factories to make them still have to be somewhere. And I'd rather they be put where the coal is now. Thank you, Bernard. Thank you, Mr. McCarthy. Is there a motion to adjourn? Second. Motion by Council Member McCord. Second by Council Member McCord. Is there any objection? Here. Unless there is objection, we are adjourned. Bye.