Welcome to the meeting of the Council. I'll call the meeting to order. And first on our agenda is a roll call by our Clerk. Madam Clerk, when you're ready, please call the roll. Thank you. Ms. Akers? Here. Mr. Beard? Present. Mr. Clark? I'm here. Mr. Ellinger? Here. Mr. Farmer? Here. Mr. Ford? Here. Ms. Gorton? Here. Ms. Henson? Here. Mr. Kay? Here. Mr. Lane? Here. Ms. Lawless? Here. Ms. Mazzotti? Yes. Mr. Myers? Here. Ms. Scutchfield? Here. And Mr. Stennett? Yes. Thank you. Thank you, Madam Clerk. We do not have a visiting clergy tonight with us, So I'll ask that we stand for a moment of silence, please. All right. Thank you. Next on our agenda, I'll ask for a motion to approve the minutes of previous meetings. Move approval. Second. Motion by Vice Mayor Gordon, second by Council Member Beard. Is there any discussion on the motion? All right. Hearing none, then we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. and next on our agenda second reading of ordinances madam clerk when you're ready ordinance number one and ordinance amending certain of the budgets of the lexington fay urban county government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds schedule number 30 thank you ma'am is there motion to approve. Move approval. Second. Motion by Vice Mayor Gordon, second by Council Member Ellinger. Is there any discussion on the motion? Any discussion on the motion? All right. Hearing none, then I'll ask the clerk to please call the roll. Ms. Akers? Here. Aye. Mr. Beard? Aye. Mr. Clark? Yes. Mr. Ellinger? Yes. Mr. Farmer? Aye. Mr. Ford? Yes. Ms. Gorton? Aye. Ms. Henson? Yes. Mr. Kay? Aye. Mr. Lane? Yes. Ms. Lawless? Yes. Ms. Mazzotti? Yes. Mr. Myers? Yes. Ms. Scutchfield? Yes. Sorry. I'm interested in it. It didn't take me long. Is that it? All right. Thank you, Madam Clerk. Okay. Vote reflects passage of the motion. By the way, Council Member Akers, if it's comforting at all, it took me about six months to figure this out. So, hey. I understand. I knew that I would expect that. All right. Next on our agenda, Council Member Farmer, thank you so much. Ordinances requiring a first reading. Yes, ordinance number two. An ordinance creating a neighborhood design character overlay in D1 zone for 52.68 plus or minus net 59.72 plus or minus gross acres to preserve existing neighborhood character for properties located at 1200-1280 Colonial Drive, 4009-4021 John Alden Lane, 4004-4025 Mayflower Lane, 1228-1273 and 1290 Standish Way, and 2492-2516 Versailles Road. Even addresses only, Urban County Planning Commission, Council District 11. And number three, an ordinance amending Articles 1, 8, 11, 12, and 16 of the zoning ordinance to define automobile and refueling stations and allow for the dispensing of compressed natural gas and any liquefied petroleum in business and industrial zones, either as a principal use or as a conditional use, Urban County Council. Number 4, an ordinance amending Article 17-7E of the zoning ordinance to modify the requirements for a third wall sign in the Professional Office P1 Zone and Mixed Use 1 Neighborhood Node MU1 Zone, Urban County Council. Number 5, an ordinance amending Section 22-52 of the Code of Ordinances extending the term of the temporary position of administrative officer senior grade 120E for a three-year term effective December 8, 2012 in the Division of Water Quality effective upon passage of council. Number 6, an ordinance amending Section 2152 of the Code of Ordinances, creating one position of Staff Assistant Senior, Grade 108N, in the Division of Community Corrections, and amending Section 2252 of the Code of Ordinances, abolishing one position of Staff Assistant Senior, Grade 108N, in the Division of Community Corrections, and appropriating funds, pursuant to Schedule Number 33. Number seven, an ordinance accepting the private streets of Lockmere State Subdivision, Lockmere Lane, Lockmere Court, Lockmere Loop, as public streets pursuant to the private street acceptance policy contingent upon the satisfactory completion of the final course of asphalt on the streets and are posting of adequate security for the completion of such paving, posting of an adequate warranty surreity related to the paving work, removal of gates from the entry to the subdivision, performance and a reporting of closed circuit televising of all storm sewers within the subdivision, and recording a final record plat within one year of passage of this ordinance, dedicating the streets as public rights-of-way, dedicating a 10-foot street maintenance easement adjacent to the right-of-way and containing a note assigning maintenance of walls, landscaping, and any other items related to the entries. features, entry features of the subdivision as well as maintenance of common areas outside the public right-of-way to the homeowners association. Number eight, an ordinance amending certain of the budgets of the Lexington-Faylor County Government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds. Schedule number 32. Number 9, an ordinance amending section 14-85A of the Code of Ordinances related to towing to amend the definition of operator and create the definitions of drop, fee, private impound, cost schedule, standard tow, heavy-duty tow, and vehicle. creating Section 14-87-3 of the Code of Ordinances relating to towing regarding the license holder's responsibility for its employees, amending Section 14-88-1 of the Code of Ordinances related to towing to amending releasing of vehicles to owners, amending Section 14-88-2 of the Code of Ordinances related to towing to require a copy of the private impound cost schedule be provided to owners, creating Section 14-88, Subsection 3 of the Code of Ordinances related to towing to require all tow drivers to carry copies of the private impound cost schedule, creating Section 14-88, Subsection 4 of the Code of Ordinances related to towing to prohibit additional fees other than storage fees, creating Section 14-89.1 related to towing regarding notification to the vehicle owner requirements, amending Section 14-90, Subsection 1 of the Code of Ordinances relating to towing regarding a private impound truck, tow truck services, retention of the vehicle's owner's vehicle records. Amending Section 14-90, Subsection 2 of the Code of Ordinances related to towing to add the license plate, numbers, state of insurance, make, model, and color of the vehicle to be added to the receipt. Amending Section 14-90, Subsection 4 of the Code of Ordinances related to towing to amend the rate for maximum charges for tows and storage. amending Section 14-90, subsection 6 of the Code of Ordinances related to towing to amend the persons authorized to redeem the vehicle, creating Section 14-90, subsection 7 of the Code of Ordinances related to towing regarding a credit card processing fee, creating Section 14-91, subsection 7 of the Code of Ordinances related to towing to prohibit storage of vehicles from counties other than Bayek County, Amending Section 14-92, Subsection 1 of the Code of Ordinances relating to towing to define the requirements for a tow truck services operator's log, creating Section 14-92, Subsection 3 of the Code of Ordinances related to towing regarding electronic logs, creating Section 14-92, Subsection 4 of the Code of Ordinances relating to towing regarding retention of logs and files, creating Section 14-92, Subsection 5 of the Code of Ordinances related to towing regarding subcontracting tow services, creating Section 14-92, Subsection 5 of the Code of Ordinances related to towing regarding subcontracting tow services, creating Section 14-92, Subsection 5 of the Code of Ordinances related to towing regarding subcontracting tow services, creating Section 14-92, Subsection 5 of the Code of Ordinances related to towing regarding subcontracting tow services, creating Section 14-92, Subsection 5 of the Code of Ordinances related to towing regarding subcontracting tow Section 14-93, Subsection 11 of the Code of Ordinances relating to towing to prohibit tow services from operating any vehicle that has been impounded on a public roadway within Pitt County, creating Section 14-93, Subsection 12 of the Code of Ordinances related to towing regarding required contact for hookup to an occupied vehicle. Thank you. Thank you, Madam Clerk. Council Member Henson. Thank you, Mayor. I have a walk-on. I move to place on the docket an ordinance amending Ordinance 138-2012 to make corrections to Article 8, Section 8-16D, Subsection 6, regarding banquet facilities and to request two readings of this amended ordinance. Motion by Council Member Hanson, seconded 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. Council Member Henson, do you want to get a second read on this? Is that right? That's correct. All right. We'll need a motion to suspend, but first, and Council Member Clark also has a motion to suspend. I move to suspend the rule. Wait, wait, wait. No. Go first read and walk on. Yeah. I'm sorry, Council Member Clark. First, we'll get a first reading on Council Member Henson's walk on. Yes, sir. Thank you. Yes, and this will be Ordinance No. 10, and it's an ordinance amending Ordinance No. 138-2012 to make the following corrections, adding subsection 6, indoor live entertainment and or dancing when accessory to a restaurant or banquet facility, but only when located closer than 100 feet from a residential zone to Section 8-16D, which was inadvertently omitted, Urban County Planning Commission. Thank you. All right. Now we get a second read. Now, Peggy, I'm sorry, Council Member Henson, a motion to suspend the rules would be appropriate. I'm sorry, a motion to suspend the rules and get second reading to number 10, please. Second. Motion by Council Member Henson and a second by Vice Mayor Gordon. Is there any discussion on the motion? All right. Then hearing none, we can take a vote. After we... Wait a minute. Yeah. We're going to take a vote and then we're going to get the second reading, right? Yes. All right. So voice vote on this. To suspend the rules for a second reading. All right. All in favor, please say aye. Aye. Opposed, no. Motion carries. All right. Now, Madam Clerk. Yes. Second reading of ordinance number 10 and ordinance amending ordinance number 138-2010-12 to make the following corrections, adding subsection 6, indoor live entertainment and or dancing when accessory to a restaurant or banquet facility, but only when located closer than 100 feet from a residential zone to Section 8-16D, which was inadvertently omitted to the Urban County Planning Commission. Thank you. Now there's a motion for... All right, now a motion. Harry's got it. I move to suspend the rules and give second reading to Item 4. This zoda regarding signage in P1 and MU1 zones was initiated by the Council and approved unanimously by the Planning Commission. A second reading is requested to allow constituents in my district to move forward with these signage projects. Motion by Council Member Clark. Second by Vice Mayor Gordon. Is there any discussion on the motion? All right. All in favor then, please say aye. Aye. Opposed, no. Motion carries. So we can get a second read now on this, and then we can get a roll call on both. The law department is checking just to make sure that the suspension of number 4 still is okay. One second, please. Okay. Okay. Second reading for Ordinance No. 4, an ordinance amending Article 17-7E of the zoning ordinance to modify the requirements for a third wall sign in the Professional Office P1 and Mixed Use 1 Neighborhood Node MU1 Zones, Irving County Council. Thank you. Thank you, Madam Clerk. Is there a motion to approve Items 4 and 10? Second reads. So moved. Motion by Council Member Ellinger, seconded by Council Member Myers. Is there any discussion on the motion? All right, hearing none, we can take a voice vote. I'm sorry, take a roll call vote. I meant roll call vote. Madam Clerk, when you're ready. Ms. Akers? Aye. Mr. Beard? Aye. Mr. Clark? Aye. 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. Ms. Mossadi? Yes. Mr. Myers? Yes. Ms. Scutchfield? Yes. And Mr. Stennett? Yes. Thank you. All right. Thank you, Madam Clerk. The vote reflects passage of the motions. All right, next on our agenda, first reading of resolutions. There are no second readings because the agenda was cleared before the break. So, Madam Clerk, when you're ready, please give us the first reading on resolutions. Resolution number one, a resolution accepting the bid of Paul Miller Ford in the amount of $23,280.88 for aluminum prisoner transport van inserts for the Division of Facilities and Fleet Management. Number two, a resolution accepting the bid of Montgomery Tractor Sales Incorporated, establishing a price contract for supplemental tractor parts and accessories for the Division of Facilities and Fleet Service Management. Number three, a resolution accepting the bids of Lance Co. of SC and 3F Chameka Americus Incorporated, establishing price contracts for polymer flocculants for the Division of Water Quality. Number four, a resolution accepting the bid of Walter Martin Excavating Incorporated in the amount of $219,110 for the Cardinal Lane Stormwater Improvements for the Division of Water Quality in authorizing the mayor on behalf of the urban county government to execute an agreement with Walter Martin Excavating Incorporated related to the bid. Number five, a resolution accepting the bid of Riley Oil Company, establishing a price contract for commercial fuel, diesel for the Division of Facilities and Fleet Management. Number six, a resolution accepting the bid of ProTech Security Sales, establishing a price contract for tactical party armor for the Division of Police. Number seven, a resolution accepting the bid of Kentucky Uniforms, establishing a price contract for uniforms for the Division of Waste Management. Number eight, a resolution authorizing the Division of Human Resources to make a conditional offer to the following probationary civil service appointments. Stephen Drosick, engineering technician, grade 111N, 21.437 hourly in the Division of Engineering, effective upon passage of counsel. Rebecca Warner, staff assistant senior, grade 108N, 17.297 hourly in the Division of Police, effective upon passage of counsel. William Johnson, Equipment Operator, Senior, Grade 109N, 12.921, hourly in the Division of Waste Management, effective upon passage of council. Isaac Claiborne, Equipment Operator, Senior, Grade 109N, 13.663, hourly in the Division of Waste Management, effective upon passage of council. Andrew Farrell, Equipment Operator, Senior, Grade 109N, 14.260, hourly in the Division of Waste Management, effective upon passage of council. And Joseph Baker, Equipment Operator, Senior, Grade 109N, 16.033, hourly in the Division of Waste Management, effective upon passage of counsel and authorizing the Division of Human Resources to make a conditional offer to the following probationary sworn appointments. Brian Breeze, Michael Smith, Melissa Neal, Shantana Hunter, Christy Olivio, Christopher Brunswick, Michael Johnson, Jason Brewer, Jeffrey Sproul, William King Jr., Jonathan Cole, Stephen Madden, Paul Harold, Matthew Cheeseman, Brian Wagner, Sean Lowe, Patrice Baebi, Nagogo, and Morgan Mills, Community Corrections Officer, Grade 110 in, 14.344, hourly in the Division of Community Corrections, effective upon passage of counsel. Tony Risen, Police Sergeant, Grade 315 in, 28.588, hourly in the Division of Police, effective upon passage of counsel. James Lowe, Police Lieutenant, Grade 317E, $3,025.15. since biweekly in the Division of Police, effective upon passage of counsel, and Kevin Austin, Fire Captain, Grade 316N, 23.039 hourly, in the Division of Fire and Emergency Services, effective upon passage of counsel, authorizing the Division of Human Resources to make a conditional offer to the following unclassified civil service appointment. Jane Higgins, Equipment Operator Senior, Grade 109N, $16 an hourly, in the Division of Youth Services, effective upon passage of counsel. Number 9, a resolution ratifying the probationary civil service appointments of Gary Newman, Equipment Operator Senior, Grade 109N, 19.228 Hourly in the Division of Parks and Recreation, effective January 14, 2013. Tracy McElroy, Administrative Specialist, Grade 110N, 18.040 Hourly in the Division of Waste Management, effective December 17, 2012. Stephanie Dooley, Administrative Specialist, Grade 110N, 19.782 Hourly in the Division of Building Inspection, effective February 4, 2013, and Amelia Confides, Administrative Specialist, Grade 110N, 15.492 hourly in the Division of Building Inspection, effective February 4, 2013, ratifying the permanent civil service appointments of Larry Lewis, Engineering Technician, Grade 111N, in the Division of Engineering, effective January 16, 2013, and Michael Smith, GIS Specialist, Grade 114N, in the Division of Computer Services, effective January 1, 2013, ratifying the probationary sworn appointments of Mark Samuelson, fire major, grade 318E, 3,52179, biweekly, in the Division of Fire and Emergency Services effective December 17, 2012, and unclassified civil service appointments of Sean Wright, Aging Services Program Manager, grade 116E, 208704, biweekly, in the Department of Social Services effective December 11, 2012, Alexis Edge, program supervisor, grade part-time, Grade 106 N, $12 hourly in the Department of Social Services, effective January 2, 2013, and Jerry Rhodes Child Care Program aid, part-time. Grade 107 N, 12.546 hourly in the Division of Youth Services, effective January 18, 2013. Ratifying the unclassified civil service appointments to the Office of the Urban County Counsel, Robert Bolson. Aid to Council, Grade 000E-192308, biweekly in the Council Office, effective January 6, 2013. And Amanda LaFontaine, Aid to Council, Grade 000E-192308, biweekly in the Council Office, effective January 6, 2013. Number 10. A resolution authorizing the Mayor on behalf of the Urban County Government to execute an agreement with the Kentucky Office of Homeland Security for extension of the FY2012 Metropolitan Medical Response System Project through June 30, 2013 at no cost to the urban county government. Number 11, a resolution authorizing the mayor on behalf of the urban county government to execute an agreement with the Kentucky Office of Homeland Security for extension of the FY2011 Metropolitan Medical Response System Project through June 30, 2013 at no cost to the urban county government. Number 12, a resolution authorizing the mayor on behalf of the urban county government to execute modifications to agreements with the Kentucky Department of Military Affairs Division of Emergency Management for extension of the agreements for funds for the Chemical Stockpile Emergency Preparedness Program for FY 2009 through March 31, 2013, and for FY 2010, FY 2011, and FY 2012 through September 30, 2013 at no cost to the urban county government. Number 13, a resolution authorizing the mayor on behalf of the urban county government to execute a claims payment agreement with Humana Insurance Company for health insurance plans for the period of January 1, 2013 through December 31, 2013. Number 14, a resolution authorizing the mayor on behalf of the urban county government to execute an agreed order with the Kentucky Environmental and Energy Cabinet to resolve water quality violations at the Haley Pike Landfill and authorizing payment of the $35,000 civil penalty, which includes $30,000 to be used for a supplemental environmental project at the police K-9 facility. Number 15, a resolution authorizing the mayor on behalf of the Irvin County Government to execute a partial release of easement, releasing a portion of a sanitary sewer easement on property located on Patchen Wilkes Drive. Number 16, a resolution authorizing an extension to the timeline for completion of the 2012 Sanitary Sewer Cleaning Program by Leak Eliminators LLC to March 25, 2013 at no additional cost to the urban county government. Number 17, a resolution authorizing the mayor on behalf of the urban county government to execute a certificate approving the transfer of a landscape easement to new owners of property at 201 East Main Street. Number 18. $1,567.20. Emmanuel Baptist Church BSA number 41, $1,231.68. St. John's Lutheran Church Venture Crew, $279, $1,265.40. Rosemont Baptist Church BSA number 98, $1,157.40. Beaumont Presbyterian BSA number 279, $1,038.28. Greater Faith Apostolic Church BSA number 238. $522.98 Christian Youth Fellowship $1,942.51 Phillips Memorial Church $2,191.56 Boy Scout Troop $103.298.85 Boy Scout Troop $100.772 El Shade Temple House of Yahweh $1,992.32 Boy Scout Troop $186.273.95 Boy Scout Troop No. 382, $448.27. Tates Creek Presbyterian Church BS Troop 226, $921.44. Alpha Kappa Alpha Etta Row, $636.12. Lexington Swingers Golf Club Incorporated, $1,616. And Alpha Kappa, $1,023.12 for participation in the Adopt-A-Spot Roadway Cleanup Program at a cost not to exceed $22,639.12. Number 19, a resolution authorizing and directing the mayor on behalf of the urban county government to execute supplemental agreement number three with the Kentucky Transportation Cabinet for the acceptance of additional funds for the Todd's Liberty Road widening and reconstruction project section one in the amount of $145,000, the acceptance of which does not obligate the urban county government for the expenditure of funds. Number 20, a resolution approving and adopting an amendment to the 2012 consolidated plan, eliminating emergency solutions grants funding for the Salvation Army, reallocating the funds to the Bluegrass Domestic Violence Program for operation of an emergency shelter for people who are homeless because of domestic violence, and authorizing the mayor to execute an agreement with Bluegrass Domestic Violence Program for the use of funds. Twenty-one, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an agreement with the Volunteers of America of Kentucky, Incorporated for support of emergency housing for homeless families at a cost not to exceed $8,000. Twenty-two, a resolution authorizing the mayor on behalf of the Urban County Government to execute engineering services agreements with six pre-qualified engineering firms, ECSI, LLC, Palmer Engineering Company, Howard C. Bell, Consulting Engineers Incorporated, Integrated Engineering, PLLC, GRW, Engineers Incorporated, and Stantec Consulting Services Incorporated to provide engineering services for stormwater management projects, Category 3 of RFP 33-2012, related to the consent decree remedial measures projects. Number 23, a resolution authorizing the mayor on behalf of the urban county government to execute engineering services agreements with seven pre-qualified engineering firms, Florence and Hutchison Incorporated, Nesbitt Engineering Incorporated, Bell Engineering Incorporated, HDR Engineering Incorporated, Strand Associates Incorporated, GRW Engineers Incorporated, and Stantec Consulting Services Incorporated to provide engineering services for pipeline, Menhole Inlet and Junction Chamber Rehabilitation Projects, Category 4 of RFP 33-2012, related to the Consent Decree Remedial Measures Projects. Number 24, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute contract amendments with Ashland Park Neighborhood Association, Hill and Dale Neighborhood Association, and Childsburg Maintenance Association for extension of the completion date of the Neighborhood Action Match projects to June 1, 2013, December 31, 2013, and June 30, 2013, respectively. Number 25, a resolution designating the speed limit on Belafonte Drive between Malibu Drive and Albany 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. All right. Thank you, Madam Clerk. Are there many? Council Member Lawless, yes? Thank you. I punched my button to request to speak, but it kept disappearing. It's not showing. I know it kept disappearing. My question is about number 10, resolution number 10 and number 11. If Commissioner Mason is here. What's the... What's the... MMRS grant. Right. Could you... You don't have to do it now, but could you get me some information about exactly what all that entails? and what the plans are for it, et cetera. Will do. Thank you. All right. Council Member Beard. Thank you, Mayor. I'd like to move to suspend the rules and give a second reading to number 25, please. Second. It's a motion to suspend on 25. Motion by Council Member Beard, second by Vice Mayor Gordon. Is there any discussion on that motion? All in favor then please say aye. Aye. Opposed, no. Motion carries. Does anyone else have a motion to suspend? I do, Mayor. Council Member Farmer. I would like to make a motion to give a second rating to number 17. This is an easement change for the new owners of Chase Towers that can move ahead with updating the landscaping. So moved. Motion by Council Member Farmer, seconded by Council Member Lane. Is there any discussion on the motion? All right, then we can take the vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Any other from the Council? I believe there are a couple from the Administration. Commissioner Mason, you have one, and I think Ms. George has one. Yes, the administration would request a second reading on number six to accept a bid of ProTech security sales. There's some tactical body armor. The police department body armor and a certain issue of it are about to expire in terms of their length of lifespan, and we need to go ahead and get these ordered so they can get in before that does happen. Move to suspend the rules and give second reading to number six. Motion by Vice Mayor Gorton, second by Council Member Ellinger. Is there any discussion on the motion? Hearing none, then we can take a vote on it. All in favor, please say aye. Opposed, no. Motion carries. Ms. George. Mayor, we're requesting second reading on number eight. If you all recall, this is our standard conditional offer resolution, and once this gets second reading, we'll be able to make an offer to these employees and send them to go have their physicals. I'll make a motion to suspend the rules on number 8 for a second reading. Motion by Council Member Lawless. Second by Council Member Scotchfield. All right. Is there any discussion on the motion? Hearing none, then we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. I believe that's all. All right. Council Member Masati. Thank you, Mayor. I'd like to suspend the rules on number nine, please. Can I have a second reading? Number nine? Yes, sir. It's a motion by Council Member Masati. Is there a second? Yes, a second. Who is that? Second by Council Member Myers. All right. Second by Council Member Myers. Is there any discussion on the motion? All in favor, please say aye. Aye. Opposed, no. Motion carries. All right. All right, now we can then ask the Madam Clerk, when you're ready, please give us a second read. Plural reads. Resolution number five. Sorry about that. Number six for second reading resolutions. A resolution accepting the bid of pro-tech security sales, establishing a price contract for tactical body armor for the Division of Police. Number eight. A resolution authorizing the Division of Human Resources to make a conditional offer to the following probationary civil service appointments. Steve Androsik, Engineering Technician, Grade 111N, 21.437 Hourly, the Division of Engineering Effective Upon Passage of Counsel. Rebecca Warner, Staff Assistant Senior, grade 108 N, 17.297 hourly in the Division of Police, effective upon passage of council. William Johnson, Equipment Operator Senior, grade 109 N, 12.921 hourly in the Division of Waste Management, effective upon passage of council. Isaac Claiborne, Equipment Operator Senior, grade 109 N, 13.663 hourly in the Division of Waste Management, effective upon passage of council. Andrew Farrell, Equipment Operator Senior, grade 109 N, 14.260 hourly in the Division of Waste Management, effective upon passage of council, and Joseph Baker, equipment operator, senior grade 109N, 16.033. Our only division of waste management effective upon passage of council, authorizing the Division of Human Resources to make a conditional offer to the following probationary sworn appointments. Brian Breeze, Michael Smith, Melissa Neal, Shantana Hunter, Christopher Olivia, Christopher Brunswick, Michael Johnson, Jason Brewer, Jeffrey Sproul, William King, Jr., Jonathan Cole, Stephen Madden, Paul Harold, Matthew Cheeseman, Ryan Wagner, Sean Lowe, Patrice Baiebe, Nagogo, and Morgan Mills, Community Corrections Officer, Grade 110N, 14.344 hourly. In the Division of Community Corrections, effective upon passage of counsel, Tony Risen, Police Sergeant, Grade 315N, 28.588 hourly. In the Division of Police, effective upon passage of counsel, James Lowe, Police Lieutenant, Grade 317E, 302515 biweekly in the Division of Police, effective upon passage of counsel, and Kevin Austin, Fire Captain, Grade 316N, 23.039 hourly in the Division of Fire and Emergency Services, effective upon passage of counsel, authorizing the Division of Human Resources to make a conditional offer to the following unclassified civil service appointment. Jane Higgins, Equipment Operator, Senior, Grade 109N, $16 hourly in the Division of Youth Services, effective upon passage of counsel. Number 9. 1-10-N, 19.782 hourly, in the Division of Building Inspection, effective February 4, 2013, and Amelia Confidence Administrative Specialist, grade 1-10-N, 15.492 hourly, in the Division of Building Inspection, effective February 4, 2013, ratifying the permanent civil service appointments of Larry Lewis, engineering technician, grade 111-N, in the Division of Engineering, effective January 16, 2013, and Michael Smith, GIS Specialist, Grade 114N in the Division of Computer Services, effective January 1, 2013. Ratifying the probationary sworn appointments of Mark Samuelson, Fire Major, Grade 318E, 352179, biweekly in the Division of Fire and Emergency Services, effective December 17, 2012. And unclassified civil service appointments of Sean Wright, Aging Services, Program Manager, Grade 116E, 208704, biweekly in the Department of Social Services, effective December 11, 2012. Alexis Edge, Program Supervisor, Part-Time, Grade 106N, $12 hourly in the Department of Social Services, effective January 2, 2013. And Jerry Rowe, Child Care Program Aid, Part-Time, Grade 107N, $12.546, hourly in the Division of Youth Services, effective January 18, 2013. Ratifying the Unclassified Civil Service appointments to the Office of the Irvine County Counsel, Robert Dolson, aide-to-council, grade 000E, 1923-08, biweekly in the council office, effective January 6, 2013. And Amanda LaFontaine, aide-to-council, grade 000E, 1923-08, biweekly in the council office, effective January 6, 2013. Number 17. A resolution authorizing the mayor on behalf of the urban county government to execute a certificate approving the transfer of a landscape easement to new owners of property at 201 East Main Street. And number 25. A resolution designating the speed limit on Belafonte Drive between Malibu Drive and Albany 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. Motion to approve. Thank you, Madam Clerk. Is there a motion by Council Member Ellinger to approve? Is there a second? Second. Second by Council Member Beard. Is there any discussion on the motion? All right. Hearing none, then we'll ask the clerk to please call the roll. Ms. Akers? Yes. Mr. Beard? Aye. Mr. Clark? Yes. Mr. Ellinger? Yes. Mr. Farmer? Yes on all. Mr. Ford? Yes. Ms. Gorton? Aye. Ms. Henson? Yes. Mr. K? Yes. Mr. Lane? Yes. Ms. Lawless? Yes. Ms. Massadi? Yes on all, but recused on number 20. Number 20? Yes, yes, ma'am. Thank you. We'll note that in the record. And Mr. Myers? Yes. Ms. Gutchfield? Yes. And Mr. Stenet? Yes, ma'am. Mayor? Yes. Councilman Rakers? I need to recuse myself on number 21. I'm sorry. Okay. I will note that in the record. The record will reflect it. Thank you. All right. Is everyone voting? Close. All right. All right. The vote reflects passage of the motion. All right. Next on our agenda, communications from the mayor. Is there a motion? Moves approval. Motion by Vice Mayor Gordon, second by Council Member Myers. Second. Is there any discussion on the motion? All right. Hearing none, then we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Next on the agenda is for information only. Next on the agenda are announcements. We do have tonight three disciplinary items before I open the floor to the Council. Commander Pate. Commander Doug Pate is here with us. Commander. Thank you, Mayor and Council Members. We come to you tonight to seek the following approval for the following disciplinary matters. On November 1, 2012, an allegation was made that Officer Michael Sharp violated General Order 73-2H operational rules and misconduct. At the conclusion of the resulting investigation, Officer Sharp met with Chief Ronnie Bastin and agreed to a 40-hour suspension without pay. This punishment was approved by the Commissioner. Macy. Move approval. Second. The motion by Vice Mayor Gordon, second by Council Member Henson. Is there any discussion on the motion? All right. Hearing none, then we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. I believe, Commander, you have three disciplinary actions to not disciplinary items. All right. So the second one. Yes, sir. We seek your approval for the following disciplinary matter. On September 15, 2012, the allegation was made that Officer Adam Ray violated General Order 73-2H, Operational Rules Section, Dissemination of Information. At the conclusion of the resulting investigation, Officer Ray met with Chief Bastin and agreed to a 20-hour suspension without pay. This punishment was approved by Commissioner Mason. Thank you, Commander. Is there a motion? Motion by Council Member Henson, second by Council Member Beard. Is there any discussion on the motion? Hearing none, then we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Commander. And finally, we seek your approval of the following disciplinary matter. On September 4, 2012, an allegation was made that Lieutenant Edward Hart violated General Art Order 73-2H, unsatisfactory performance. At the conclusion of the resulting investigation, Lieutenant Hart met with Chief Bastin and agreed to a 30-calendar-day suspension without pay. This punishment was approved by Commissioner Mason. Thank you. Is there a motion? Move approval. Motion back. Vice Mayor Gordon, second back. Council Member Henson to approve. Is there any discussion on the motion? Council Member Henson. Commander. Yes, ma'am. Hi, Bright. Yes, ma'am. I'm like, okay, see, Lieutenant Commander. What was the rank of this officer? The final one is Lieutenant Edward Hart. Is he as a lieutenant? Yes, ma'am. Thank you. All right. Any further 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. All right. Thank you, Commander. Thank you, sir. The floor is available to Council for any announcements. Do any Council members have an announcement tonight? All right. Hearing none, then we are available. The floor will be available for public comment. I do have several citizens who have signed up for public comment. And I will call your name, and then please come up to the podium. And I suspect that some of you know the protocol. Please give your name and address, and then you'll have three minutes unless you cede your time or yield your time to someone else. All right. Thank you, sir. I'm going to start to top the list. Folks are going to yield you. Okay. Oh, okay. Okay, so Barbara, have I pronounced that correctly? Screening. Yeah. Tashaun, okay. And then Gwen Everly. John Everly. All right, sir. So that's three. Amanda Tibbetts. That's four, one, two, three, four. And now Sean Tibbetts. Good evening, sir. Sean Tibbetts, greetings, sir. Sean Tibbetts, 4009 Hillside Drive. Honorable Mayor, Vice Mayor, distinguished council members, and guests of the council meeting tonight, I'm Sean Tibbetts. I'm the director of the Bluegrass Food Truck Association. I'm here to speak behalf on the several food truck operators who are here tonight. We've got several others that are out working tonight, otherwise they'd be here. There's a few things that have happened recently that we really need some help with from our elected officials. The biggest one was a surprise that happened to us today. We had some trucks go try to get zoning compliance permits, and those of you that have seen our 22-step flow chart know that that's step number one in getting permits to operate. The Zoning Compliance Office has started denying permits unless that particular property is zoned for food service, even on properties that we worked with all last year. The one in specific today that happened was Country Boy Brewing. We've had food trucks out there every night for the last year, and all of a sudden today we can't get a zoning compliance permit. Without zoning compliance, I can't get my certificate of occupancy. Without my certificate of occupancy, I can't get my attainerate merchant. Without my attainerate merchant, I can't get my health department license. So this one permit that is free and didn't exist prior to July of last year is now preventing us from being able to operate. So we had some concerns. We called the zoning office this afternoon, and the secretary there was not able to put me in touch with any planners, but she said that that is the new interpretation of that rule and that we will not be allowed to operate anywhere unless it's zoned for food service specifically. Considering the food trucks don't want to set up in front of restaurants and restaurants don't want us to set up in front of them, we feel like this is a problem in the zoning office, and we really can't seem to get any resolution or anybody to call us back to try to get it resolved. So that's our first concern. It really puts us out of business, honestly, in Fayette County, because without that permit, I can't get the rest. The next one was we got this green flyer that came in the mail. We actually got it on Saturday, January the 12th. This green flyer came out from Division of Revenue. Apparently it's something that has been sent out for the last 20 years or so. It states that we have to pay all of our occupational licenses, or our certificate of occupancy, sorry, by January 31st. And if we don't pay that, then there's a 5% penalty for every month after that and a 1% interest penalty for every month after that. We can't find that in the ordinance anywhere that governs food trucks and itinerant merchants. There is no deadline of January 31st, so we're not sure where this is coming from. In addition, that creates a huge amount of expense on us that was, again, not applied last year. So we're not sure where this is coming from, and Mr. Omar, I know he's recently taken over as acting commissioner, just hasn't had a chance to get back with us. I do believe he reached out to Peggy Henson today, and I heard an e-mail earlier where they're going to try to change the wording on that for next year and that they didn't really mean that to apply to itinerant merchants. But our concern is that's what's on paper right now, and the 31st is right around the corner. So we'd like to see something in writing or a public statement or something that alleviates that one from us as well. In addition, the next one is that same green sheet said that our $500 annual bond was due by January 31st, but in the itinerant merchant ordinance it states that if you have an occupational license tax return, then you're excused from having to have that $500 bond. Well, the occupational return is not due until April 15th, and the bond is due January 31st. So how do we get excused from having the bond if the tax return is not due yet? So it actually puts us in a position where not only do we have to pay the $500 bond by the 31st, but we also have to pay the 2.5% tax, which I don't think is applied to other businesses in Fayette County. It seems like an unfair practice for us. Additionally, that 5% penalty and the 1% interest, we've got a couple of concerns there. One, the 5% penalty, we can't find ordinance on that anywhere, so we don't know where that's coming from. The 1% interest is actually in an ordinance, but there is no description as to whether that's compounded monthly, weekly, daily. Is it compound interest, simple interest? It just doesn't say. So it leaves it up to the interpretation of the officer at the desk. And we found with certain food trucks having particular reputations for being noisy in Fayette County that they get treated differently. So that's one of our concerns with that 1% is how is that calculated? How will that be applied? Is it compound interest, simple interest, daily, weekly, monthly? and there just doesn't seem to be any guidance on that at all. Last but not least, I know I'm presenting problems to you guys, and in my day job I lead a very large organization for the United States Army, and I don't like it when folks come to me with problems without options. So I would like to present a couple of options for you tonight. What we would like to see is, number one, streamlining of the permitting process. This whole zoning compliance and certificate of occupancy just doesn't make sense for our business. We're not making any permanent alterations to parking lots. We're not making any building alterations. We pull in, we set up, and we leave. So we really don't understand where the whole zoning compliance and certificate of occupancy comes into it. Even our largest trucks take up just a couple of parking spaces. So if a business is allowed to say, I'm willing to give up those parking spaces for a night to have a food truck come support my business, it seems like it should be up to the business owner, not the division of zoning and building inspection. So we'd like to see that process just eliminated and streamlined. In addition, we would like to see the itinerant merchant rules be updated to be a little more realistic. The current rules that are on the books were passed in 1982, and I know Councilwoman Henson and Councilwoman Lawless led the itinerant merchant task force last year, which we were very vocal members of. I'm sorry, Councilwoman Lawless was a member of the itinerant merchant task force. We were very vocal and very participatory in that. We were probably the best represented group of constituents during that process, and we still seem to have itinerant merchant rules on the books that are basically with this 31st deadline and the April 15th thing and having to know every address we're going to set up for the year. They're just impossible for us to comply with. With a temporary business that's temporary in nature and mobile in nature, we just can't comply with those rules. So these penalties are going to be applied to us, and there's nothing in public comment or public writing that says we're excused from those. So we'd like to see the rules be updated, the streamlining of the permits a little bit. And last but not least, I know I've talked with Mayor Gray before about this permitting process. Zoning compliance is in one building. The building inspector for your CEO is on a different floor in that building. Itinerant merchants over here in revenue and the health department, of course, is all the way on Newtown Pike. We can do none of that online. We can't even do it by mail. Every single one of those steps has to be done in person. And so if we set up in two locations in the same day, for example, we're at lunch somewhere Saturday, somewhere else for dinner Saturday night, we end up spending between four and a half and six hours getting permits. Rather than doing work and generating profit and being a part of this occupational tax and you guys getting our two and a half percent, instead we're standing in government offices trying to get these permits, which we're now being denied. So the request that I would have of the council and anybody who can help us at this point, it appears that a lot of these things are in policy, not in ordinance, so it seems like they would be fairly easy to change. We'd like to see the policies updated to eliminate the zoning compliance requirement or at least educate the planning commission to recognize that food service is not necessarily tied to a building. It can be done in a truck or a cart as well. Then the certificate of occupancy with revenue requiring those up front, again, that requires permission letters from the property owners and an awful lot of work. I think there was a proposal before council last year to actually move that responsibility to the property owners. We would love to see that happen. So if a property owner wants to have a food truck out, let them go get the certificate of occupancy. They're the one that owns the property anyway. So get them to get the COs. And then last but not least, this whole itinerant merchant process of having to update your addresses, and it's $15 for every single address we operate at and have to come to the division every time we want to change addresses. We'd like to see that streamlined if we can. The current ordinance, and I know this one's an ordinance so it's a little tougher, but the current ordinance actually says that we're not allowed to hold two itinerant merchant permits at the same time. So technically we have to get an itinerant merchant's permit, operate for lunch, run to revenue, turn it in, get our new itinerant merchant permit for dinner, and go out and work. And if we don't do that, then your itinerant merchant fees, which are as high as $250 a year, start over. So if you don't turn in your old permit, you pay the fee all over again for multiple addresses. That's kind of where I'm at. I'd really just like to see the permitting process streamlined a little bit, a couple of permits that just don't seem to make sense for our business eliminated, and all in all try to move the permits and the regulations that do remain into some type of online fashion so we can do this more quickly and more easily and be in compliance, but at the same time not be in government offices for three hours for every address that we want to set up. I'd like to use the rest of my time for any questions from the council. Thank you. Thank you, Sean. Thank you, Mr. Tibbetts. You did a remarkable job of illustrating the Byzantine halls of government. I work in them at the federal level, sir. You know them well. I'm an expert. We have had those conversations, and that flow chart is remarkable. It is 22 steps. Quite informing. Thank you for being here tonight. Thank you, sir. There are questions, comments, I'm sure, beginning with Councilmember Farmer. Thank you, Mayor. Yes, sir. How much of the group of things you've numbered this evening are covered by the work product of the task force from last year? Any or all of them? None. These are all different and new? No, they're actually the ones that are currently on the books that are being interpreted differently. And with the new task force, the regulation coming from the task force didn't eliminate any of those permits. We still have to get them all for every address because that's a division of revenue policy. But were there not conversations about these things during the task force work? Several, yes, sir. But none of the work product addresses them even now? It does not. Primarily the proposed regulation focuses on where we're allowed to operate and hours for operation. So it's to protect residential areas, to create a buffer zone between food trucks and residences, which we agree with. It also limits our hours of operations that we have to shut down by 4 a.m. in specific zones and 11 p.m. in other zones, or shut down if the business we're in front of shuts down earlier. We have to shut down along with them. So whereas today the current ordinance allows us to operate 24-7 on private property, the new regulation actually reduces that significantly and still requires all of those permits. And I'm hesitant to ask you about your feelings. Well, I shall reserve my feelings for other times. As a business owner, I can tell you, I ran restaurants for a long time. I worked with a seed restaurant group that runs Fazoli's, and we never had these many hoops to jump through. We'd go apply for our permits once a year. We'd usually do them by mail, get it back before the first of the year, and we were good to go. And with the food truck industry, I had the idea of selling these chicken burgers on the street and had no idea the quagmire I got myself into. And the food truck operators in town, we were all trying to participate in the task force, And the problem that came up was we had a lot of different voices, and there were a lot of different opinions. So council members actually asked us to form an association so we could consolidate that voice and consolidate an opinion, and that's where I stepped up and formed the Bluegrass Food Truck Association. Well, I mean, at this juncture, do you feel like there's just been some interpretive changes? I do. To use an analogy I use a lot of time in the Army, it feels like every time we get within 10 yards of the goalpost, the goalpost moves 20 yards back. So we just can't seem to get, every time we think we've got the rules figured out and we finally start getting our permits, somebody else interprets the rules different and starts denying permits. And it's because it's all in policy and interpretation, we have no recourse other than to shut down. All right, then give me one more. Sure thing. Even if, so what I hear you saying is even if we were to bring the task force report out of the Economic Development Committee, it still wouldn't satiate some of the very basic things that are continual problems for you. Correct. It actually doesn't remove any of the permits, and what it really does is restrict the locations and hours where we're allowed to operate. Do you think you could summarize this into some sort of a format to send to us so we could try to take action on it? Absolutely. Then I will wait on my brethren, but lacking a motion from others, I think we'd find a place for this in the planning committee and move on it. Thank you. Thank you, sir. Thank you. Council Member Farmer, Council Member Lawless. Thank you, Mayor. I was made aware we had a conversation last night about the revenue thing And the part about not being able to operate where there isn't a food establishment is news to me right now. Yes, ma'am. It was news to us today as well. And because, and as you know, and several others here, I sat down with you all and said, what are the hoops? and brought to the task force and worked with law and the administration, et cetera, too. It's like revenue, why does revenue have to know where you are every day? Why does building inspection need to know where you are every day? That's really not our business. And we did come up with the property owner having to, but when it was brought to economic development, those changes in the ordinance were not in there, and I didn't know why, if you'll recall. So nothing was changed. and previously one of the issues was that you all had to pay revenue and had to tell them where you were, but you weren't recognized as a business. Correct. So you were caught in this double bind of you couldn't pay payroll, taxes, et cetera, because you weren't given a business license, yet you had to go there every day, which made about as much sense as a lot of things do. So I have no idea, and certainly I think we need to immediately take up with at least those portions of the ordinance to help you all and get that drafted into an ordinance. They say when it was brought forth to economic development, those changes that everybody agreed to were not in the ordinance when it was brought to economic development. So, and certainly checking with. So I agree with Council Member Farmer about. Sure. The suggestion we would have, we don't want to operate unpermitted businesses that don't pay revenue. That's what you all said. We want to pay taxes. We want to do that. But why you had to go to urban county offices to tell them where you were every day when that's really the health department business, those are city ordinances, that's not a state regulation. And whatever I can do to help, I wasn't able to make the call today or I told you I probably wouldn't be able to. But thank you, and thank you for bringing to our attention that now they're saying you can't operate unless it's a food establishment. Right. One of the things I think we could do along those lines with revenue, Jefferson County is in Kentucky. They're under the same state laws that we are, and they recently updated their food truck regulations that they pay $100 a year and can operate throughout the county. So they're still paying revenue. They're still giving a license that's specific to food trucks, but it eliminates this whole process of having to update every single address and paying for every single address where we operate. One of the things I failed to mention is even if I go back to a different address, I start at Country Boy, I go to Beer Works, I go back to Country Boy, I have to pay the $15 again to go back to Country Boy, which is an address I already registered with. It's not just about the money. It's about, it's not, I mean, the health department is in charge of knowing where you are and how long you're there. That's not, and that's a state health department law. It doesn't make sense, you know, why these other things are going on. And other than having property owners, that was kind of a compromise that property owners would get a certificate for the entire year for whatever food truck they wanted to put there. So thank you for bringing this to our attention. And I certainly am willing to do what I can to help you all because I've got a headache here. I apologize for the headache. It's made me hungry for some barbecue and tacos. Council Member Henson. Thank you, Mayor. Sean, thank you for being here, but I also wanted to remind everyone that this item is in the Economic Development Committee. It is to be heard February, I can't remember the date. 19th, I believe. It's like 22nd, something like that. And Chris King, at the last meeting, was supposed to come to our next meeting in February and address all the things you just spoke about. It is not by ordinance. It is pretty much by procedures that the city has laid out. I guess this body could make it by ordinance. It does seem pretty crazy. And from the very beginning that I began working on this issue, it has been crazy. Yes, ma'am. Because there are so many things that you have to consider. Yes, ma'am. And one of the reasons we brought it here is I know that the council does offer certain businesses waivers and exemptions to policy and ordinance. So if we can't get something moving before January 31st, I think that may be a viable next step for us, and we don't know how to apply for them is the primary problem there. But if there is some way that we can get a waiver, an exemption, or something just so that we can start operating, because we already have businesses trying to book us in January, February, March, and we're unable to do that right now because of these policy issues. Okay. But, you know, I do think we need – it makes sense to streamline for everybody, not just you, But for the city as well, it would cut down on all the paperwork and processing. Right. Yes, ma'am. Labor costs. But Chris did indicate that there are some things that you don't have to do every time. So I'm hoping that we get a better understanding when it's heard in that committee. and, of course, the zoning thing. That's a new one. That's a new one. Yes, ma'am. And, you know, and I'm like, okay, that makes sense in a way. But yet, you know, we were talking earlier, if you wanted to set up at a factory, for instance, they don't have food. Right. They're not zoned most likely for food. Right. So, but you could perform a service there. Right. Provide. Okay. Yes, ma'am. Thank you. Thank you. Council Member Kaye. Thank you, Mayor. Thank you, Sean, for bringing this to our attention. As other people have said, this has been an issue that has been of concern for quite a while, and I know it's been very difficult for people to deal with. It seemed as the longer it went on, the more complex it got. But it seems to me we ought to tonight basically affirm that the issues that you raised, streamlining the process, et cetera, updating intent rules, either they're in committee, and if they're not, we ought to assure tonight that they get referred to committee. That's the longer term. In the short term, I have a question for Mr. O'Mara. in his brand new position as acting commissioner. This is a great topic to start with. The question is this. Is there a way to essentially hold harmless the food truck industry in this new year, that is, to not institute any changes in policy? Because I believe that's the immediate concern. They're subject now to a whole series of regulations. if the description is correct, that they've not been subject to? Is there a way to essentially say let's leave the status quo as of the previous year until there's an opportunity to address the larger question? Well, I'm speaking as commissioner and division of revenue, and there haven't been any changes this year in the administration or the policies for itinerant merchants or regulated businesses within the Division of Revenue. I can't speak to the zoning. That's outside my knowledge base. The green sheet, as they referred to, we have been mailing that out for over 20 years. It's a listing of all of the regulated businesses that did business with us the prior year. They're identified as regulated, whether that is pawn shops or circus or itinerant merchant or peddler or whatever. And so we make a master list because it's different depending on what type of regulated business activity you have and mass mail that out in December each year. the point in the emails to the council members that reached out and forwarded Mr. Tibbetts inquiry to them and I answered every one that I saw was the same there there we're always open to improvements as far as our communications we as I said been doing this over 20 years this is the first time this confusion has come up. But there are a group of about five of those regulated businesses that, unlike the rest of them, where their regulated fee expires December 31st and then has to be paid the first of the next year, instead it is before their business activity begins. So if a circus comes in in May, they're required to do their regulated requirements, whether that be bond, certificate of occupancy, or payment of a regulated fee before their event occurs in May. If it's an itinerant merchant or a peddler, it would be before they do their activity in the new calendar year. So if itinerant merchant is not making any business activity within the county until good weather and it's in March or April, that is when they would have to meet those regulated requirements that are in ordinance of certificate of occupancy, the different requirements that are on there. We had a mass list. Maybe we tried to cover too many on one communique. So be glad to star those with a footnote saying it's upon the beginning of your activity in the next calendar year. Okay, so basically to sum up, from your perspective, there's been no change in the policy? No, sir. Not within the administration of regulated fees. Now, to be fully forthcoming, we usually mail this communique in December. We were challenged with getting our communique ready and identified, and it was not mailed until last week. The January 31st, it's basically everyone expires December 31st. We gave them until the end of the following month in order to comply. That's usually a December mailing with a January 31st compliance to get into the next year. The mailing did go out several weeks late this year. We can expand that January 31st several weeks to compensate for it. Excuse me just a minute. Council Member Kaye, I'm sorry. I have to excuse myself. I've had an issue that has arisen that I must leave, and I'm going to ask the Vice Mayor to take over. But I would like to say one thing, if I may, please. I think there has been, it seems like, an endless amount of work that's gone on, and I know that it's been hard work, and there have been many points of view on this issue. It is disturbing from my point of view, and it's disappointing, I guess, and frustrating, being sympathetic with you guys in many respects, that we haven't been able to accomplish a more fluent process for you all. Now, what I just want to say before I leave is that in terms of working together with the council, I want to offer, you know, we've got some, I feel like we've got some pretty good problem solvers in the administration, at least several of them, including Mr. Romero at the podium now, and our newly appointed chief administrative officer, Sally Hamilton, is here, Derek Paulson, Commissioner of Planning. And, you know, I appreciate you all being here because it illuminates, in many respects, the frustration that I know that all of us want to try to relieve and solve for something that represents real creativity in our city, in my view. And it's your passion and your persistence and your determination that I suspect we all appreciate. So thank you very much. Thank you, Council Member Kaye, for letting me. Thank you. Thank you, Mayor. If I may continue, Vice Mayor. I think that answers part of my question. Now, if I can, Mr. Tibbs, from your perspective, are there still issues that have, what's changed? The biggest change this year was we've worked so hard over the last year to follow the letter of the law, and when the green sheet came out and said all this was due January 31st, it didn't say. Okay, but he's addressed that question. He's addressed it. Is there any other changes that are imposing an undue burden different from last year? Yes, sir. The zoning compliance is the biggest change. Last year we got permits whenever we wanted to go work at Country Boy, and now we can't. And Commissioner Paulson, again, if there's been a change in policy, do you know if there's been a change? I do not know that there's been a change. I've just tried to contact Chris King to verify there has been, and I have not heard that there has been. I've also talked with Jeff Fugate just kind of quickly to get an update on this, because he has been on the Territ Merchant Task Force. And his update to me was, and I'll just read it real quick, saying some of these things. The hours and location ordinance is in committee currently. Permitting is being discussed internally. There's a streamlined process, which is kind of they're working on the details of. So I know that a lot of these things are still kind of in the works. As regards to the zoning compliance, though, I have not heard of any, I did not know of any changes in terms of interpretation, but I'm trying to confirm that right now with Chris King. Would it be possible to affirm a preference for assuring that there has been no, if there's been a policy change, that it not be instituted until there's been an opportunity to work on these other issues? Yes. I mean, my preference in this whole thing is to have it worked out in committee. And I know, again, I've not been on the itinerant merchant task force. I've been getting updates from both Chris and from MGF throughout its long tenure. And I really would not like to do anything to jeopardize any of that until it's done, until the work of the committee is done, the task force. Okay. So just one final comment, if I can. And my interest tonight, really, is to make sure that we haven't gone backwards, which would be not good, and to help assure that there's steps in place to go forward. Because as the mayors, I agree with the mayor. This would be a good thing for the city if we could figure out how to do it well. I'd like to see it move forward. Thank you, Vice Mayor. You're welcome. Okay, next up we have Council Member Myers. Thank you, Vice Mayor. I don't know who to address this to in the administration, but I guess maybe Commissioner Paulson. I would just sort of echo what Council Member Kaye was saying. If there's a way that we could put a moratorium on any changes, at least until after Mr. King can address them, because it sounds like there are changes that there's penalties and fines that may come into play at the end of this month, but Mr. King's not going to address them until February in committee. So at least if we could put those fines and penalties off until after they can address it in committee, that would be great. Again, I'm not aware of any changes, so I'm trying to verify with Chris, but I will, again, talk to them about making sure we keep the existing process going until we figure out where we're going with it. Okay. I think it only makes sense. Okay, and my second comment would be that at the end of the day, when all this is figured out, can the administration work on putting as much of this in an e-commerce process as possible so that they don't have to come down and walk to halls, go to different buildings, they can do it online? So this is a little different but very closely related. And we have been trying, unfortunately, that there are several groups that are involved. You are correct. And this is not just for itinerant merchants or for food trucks but for others as well. And so planning, building inspection, and revenue are all trying to get together. We started to try to work on this before Christmas, unfortunately, with my father's death and with Director Dewey having surgery. It's made things difficult. We are meeting next Friday to start what we call the one-stop shop work, and we're trying to get everybody together to figure out how we can do just that, both physically and online. Because I think while it is a great idea, there's still – I don't want to sit there and say we can definitely go forward with it. There are some technological things we can do on the back end that we need to fix as well before we can start being able to process everything. But it makes sense as well with Bill over here, building inspection on two and planning on seven. And it's a lot of walking, and it makes more sense if we can try to put it together both physically and online to make it work quicker. That's definitely a priority for us. We've just been having trouble due to unforeseen circumstances getting together for a meeting. So that is one of our big priorities right now is to get that one-stop shop working. And, again, not just for food trucks but for other reasons as well. Thank you very much. Thank you, Vice Mayor. You're welcome. That's great news, the one-stop shop. Council Member Lawless. One thing that I think does need a moratorium, because there was certainly no policy change or whatever made by this council that they can't operate somewhere where, unless there's food served there, that's a new interpretation, I guess, of a policy that's been there all along. So I think that's something that needs immediate moratorium on. And the other issues were about instead of that the property owner could get a year-long certificate. So if you would like to, so that they didn't have to, so the food trucks or peddlers didn't have to go and get the permit. The permit would be issued to the property owner for a year at a time if they were going to be on private property. So I'm just throwing that out there, but this moratorium on the new interpretation of the existing policy, I think, is of immediate nature, because I know there are several places that do not serve food that they have been operating during the winter and are currently operating, and now all of a sudden they can't operate there because they don't serve food there, which is the huge purpose for them being there. So could you please look into, or can I make a motion here? Again, what my proposal would be to do is to talk to Chris in the morning and say that we'll just continue on with the process as it has been going. Okay, so just mixing that. I want to first talk with Chris and see what the issues are right now, and again, to see if there has been a change in the interpretation. And if not, if there has, to again go back to the way the process has been, when the task force started and to keep things going in that same mode until the task force has ended and made their findings and changes take place. Okay. And please, when the task force has ended and it's all settled, would you please put flowers on my grave? because I feel like for sure I will no longer be amongst the living. But anyway, I think that is, if that maybe somebody new in planning or whatever didn't understand or whatever, but, I mean, that needs to be taken care of immediately, if you would, please. And thank you. And I will look in to see what has actually transpired. Okay, and it may have been a mistake by somebody new or, you know, so thank you so much. Thank you, Commissioner. Council Member Henson. Thank you, Vice Mayor. Real quickly, Bill, I have a question. Is there possible to, when these flyers go out, is there any way to categorize businesses that you could kind of like do a correction for, Or, you know, like you said, next year you will make sure that it has a statement on it saying when the activity begins. Is there any way to go back and correct that for this year? Well, we can address that in two different ways. I mean, we can remail everything we mailed out last week. Was it? Or we could post something on our webpage. Either or. Okay. Okay. Postage is not inexpensive. Right. And I'm sorry, but if I've been contacted by someone from the public, I didn't get that email. So I've only gotten the four from the council members, so that was my only communique that there was any confusion. I thought that was off. I'm sorry. I was just wondering how costly it was. I didn't know how many you had mailed or whatever. I don't know. I'd say it's probably $2,000. If there's just some way, then that would take care of that issue. And I do think food trucks are becoming more and more popular, as we know. And they're new to Lexington. Not as new as people would think, but having the organization bring these issues forward, saying we need to fix these things, then I think we're on the right track, and we just need to all work together and do the best we can. I love the thought of a one-stop shop. And I also know, though, when food is involved, we cannot do anything about the health department regulations. But you can get an annual permit with them, I believe. But anyway, I'll stop for now, and we will continue to work on it. But thank you, Bill. Thank you, Council Member Henson. Council Member Akers. I just wanted to say something real quick to Bill. Perhaps next year, whenever you do the mass mailing, if different rules apply to different businesses, then maybe send separate mailings to the different regulated businesses, maybe? I don't know. That was just a thought I had. All right. Thanks. Thank you, Council Member Akers. Sean, it sounds like we're going to have some action here. That's fantastic. Commissioner Paulson and Acting Commissioner O'Meara have heard the entire discussion and CAO Hamilton, so I think that there will be some action coming forward. I can't thank you enough. Thank you. Thank you very much. Now, we still have a list of folks who wish to speak before the public, And I think next is Ann Hammond. And if you'll, just like everybody else, say your name and address, and you'll have your three minutes and welcome. Thank you. Ann Hammond, 140 East Main Street. And you're director of our library system. I'm the director of the library system, yes. So good evening, and thank you for allowing me to address the council. I wanted to take a moment to share with you all some of the wonderful things that our Lexington Public Library is doing for the citizens of Lexington, the ways that we support our citizens. We are a true public service organization that is dedicated to improving the quality of life and the educational opportunities for all citizens of Lexington throughout their lives. We help prepare young children for school readiness through a variety of fun learning programs from infancy through preschool. And through our partnership with Fayette County Public Schools, we continue to support the school success of our children and teens throughout their school years. We bridge the digital divide by not only providing access to computers and technology, but by providing free classes, free training in both group settings and one-on-one training. We support workforce development through individualized assistance with resumes and job applications. We preserve the history of Lexington by being good stewards of the irreplaceable items in our Kentucky room. and we celebrate our cultural diversity by offering a wide variety of art, music, and educational programs. Our buildings, and more importantly, our staff, are open to the public and welcoming to all, and that contributes to the quality of life in our communities. And we even check out books. You each have been given a packet of information about the library and a T-shirt featuring our brand-new library logo. I am very happy to note that many of you are already active library users. Those of you who are not yet library users, you'll find an application in your packet, and all you need to do is fill that out and bring it to any of our locations. Mayor Gray actually was the very first person in Lexington to receive one of our new library cards. So he has set the expectation, and I hope to see you all getting our new cards. They are quite beautiful. Yes, thank you. That's actually the old one. If you want one that looks like this. That's the new one. I have heritage. Yeah. He's old school. So what I would like to do is in the future, in the very near future, I'd like to arrange individual meetings with each of you to talk about your issues, choose your areas of focus and how the library can best serve the constituents in your community. And thank you very much for your time. Thank you so much, Ann. And I'm appreciative that you're here tonight. And I will just say, I don't remember when it was that I did the tour recently. It was in October. Was that in October? And I upgraded my card to the brand-new card. And I was amazed at the number of different kinds of programs and services that are going on now through our library system. It was very a wonderful surprise. So thank you for all that you're doing. Thank you. Appreciate you being here. And we have one more public speaker signed up, Mr. McCarthy. if you'll come to the podium, and you know the rules, don't you? Yes. For the record, my name is Bernard McCarthy. I live at 515 Harry Street. Now, over the years, this government has made much fuss over trying to resurrect downtown, but has gone about it all wrong, I believe. Part of the problem, the real reason that retail stores in downtown failed and vanished was because, number one, you have to pay to park downtown and malls offered free parking. Number two, downtown businesses close too early. If a business is only open during those hours when I have to be at work at my own place of employment, I can't do business with them. Plain and simple. In other words, I've got to be at my desk from 8 a.m. to 4.30 p.m. Monday through Friday. if a store is only open during those hours, I can't buy their product or their services. A shop where I used to get my chainsaw repaired cut back its hours recently, so instead of going to a shop on Winchester Road, sharpening my saw I needed, I had to go to a place on Versailles Road that still stays open a bit later. Got stuck in some pretty horrible traffic coming back, having to cross downtown is still a hassle. The first two blocks of what's now being called Oliver Lewis Way hasn't put a dent in the snarls on limestone coming northbound in the evenings. And I will point out we do need more street capacity in our downtown, not less. We need to have more streets at the edges of downtown lengthened, and the downtown grid needs to be tied in better to the radial pattern that exists farther out whenever properties get redeveloped. I think this needs a lot more attention paid to it. We also should not waste money escaping streets. Whatever money you get your hands on from whatever source needs to be put into lengthening and widening and repairing our streets, not redecorating them. And finally, I think most of our one-way streets downtown need to stay one way. At least the ones that are currently one way all the way across need to stay that way. If you're going to make any changes at all, it should be on those, as far as one-way to two-way, it should be on those where only a little piece of the street's one-way and the rest of it's already two-way. In those cases, consistency matters a lot. Thank you, Mr. McCarthy. Is there anyone else who didn't have an opportunity to sign up who wishes to speak? Okay. Motion adjourned. No, just be calm. Council Member Ford. Thank you, Vice Mayor. Thank you, Council Members, for indulging. I'd like to circle back just for a few announcements. We're definitely speeding up as we come back to Council. This holiday weekend is going to be pretty busy and pretty amazing, not only for Lexington, but for our entire nation. I want to thank the many organizers and volunteers who are going to help make the Martin Luther King Jr. holiday special here in Lexington, particularly with the breakfast downtown Monday morning, the annual march in the University of Kentucky. I also understand a lot of community service projects and tributes will go on on Monday. Excited about that. Also on Monday, we have our nation will celebrate the inauguration, again, of President Barack Obama. I know that many Lexingtonians will travel to Washington. We hope they enjoy their time there and come back to our community safely. Monday evening, the Lyric Theater is excited about the woods songs. Old-time music hour, I believe it's called, premiering that evening over at the Lyric Theater. It should be a pretty exciting time for us. And then we'll come back on Tuesday. I guess excited to hear the Mayor's State of the Merge Government address on Tuesday. So thank you, Council Members. Hopefully everybody has a great weekend. Thank you, Council Member Ford. Council Member Ellinger. Motion to adjourn. Motion and second to adjourn. All those in favor say aye. Anybody opposed? We are adjourned. Thank you very much. I'm out.