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# Urban County Council Meeting - February 28, 2013

> Auto-transcribed civic record · February 28, 2013

- **Permalink**: https://meetings.lexingtonky.news/meeting/2895
- **Source video**: https://lfucg.granicus.com/player/clip/2895?view_id=14&redirect=true
- **Date**: 2013-02-28
- **Last revised**: July 16, 2026
- **Length**: 8,736 words

> ⚠️ **Auto-generated content.** Audio from the official Granicus video was auto-transcribed with OpenAI's open-source Whisper large-v3-turbo model, run locally by The Lexington Times. Structured facts were extracted with GPT-4o; the narrative summary was written by Anthropic Claude. Verbatim wording may contain errors. See [methodology](https://meetings.lexingtonky.news/about/methodology) or [report a correction](mailto:editor@lexingtonky.news).

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## Meeting Overview

The Lexington-Fayette Urban County Council met on February 28, 2013, at 6:00 p.m. in the Council Chambers at 200 E. Main Street in Lexington, Kentucky, with Mayor Jim Gray presiding. The council conducted a full legislative session that included 29 motions and votes across 11 agenda items. The meeting featured one presentation recognizing Kentucky American Water Science Fair Winners. The council approved ordinances and resolutions on second reading, advanced ordinances and resolutions to first reading, and processed communications from the Mayor. Two members of the public provided comments during the public comment period. The session also included standard procedural items such as roll call, invocation, and announcements.

## Attendance

The following individuals were present at the meeting on February 28, 2013:

- Gorton
- Henson
- Kay
- Lane
- Lawless
- Mossotti
- Myers
- Scutchfield
- Stinnett
- Akers
- Beard
- Clarke
- Ellinger
- Farmer
- Ford

No absences or late arrivals were recorded.

## Votes and Decisions

All motions brought before the meeting passed unanimously by roll call vote with 15 ayes, 0 nays, and 0 abstentions.

**Ordinances**

Ordinance 0083-13, amending the position title of Social Worker Sr. to Life Skills Program Specialist in the Division of Family Services, passed on motion by Lane and second by Stinnett [timestamp: 0:22:31].

Ordinance 0135-13, creating one position of Deputy Chief Administrative Officer, Grade 122E, in the Office of the Chief Administrative Officer, passed on motion by Lane and second by Stinnett [timestamp: 0:22:31].

Ordinance 0155-13, amending budgets of the Lexington-Fayette Urban County Government to reflect current requirements and re-appropriate funds, passed on motion by Lane and second by Stinnett [timestamp: 0:22:31].

Ordinance 0211-13, creating Sections 15-11.1 through 15-11.4 of the Code of Ordinances to regulate mobile food unit vendors, passed on motion by Akers and second by Farmer [timestamp: 0:34:45].

**Resolutions**

Multiple resolutions passed, including: Resolution 0112-13 accepting E.C. Matthews' bid for Lexington Downtown Streetscape Phase One Site Amenities Package; Resolution 0122-13 accepting Landmark Sprinkler, Inc.'s bid for Kentucky Theatre fire suppression system repair; and Resolution 0123-13 accepting Martin's Sanitation Service, Inc.'s bid for portable restrooms contract. These three resolutions passed on motion by Henson and second by Beard [timestamp: 0:41:13].

Additional resolutions passed on the same motion and second included: Resolution 0137-13 for Carver Community Center Renovation bid acceptance; Resolution 0086-13 authorizing change order to Woodall Construction Co. for Clays Mill Road Improvements; Resolution 0093-13 amending Resolution 633-2012 accounting line; Resolution 0094-13 authorizing Kentucky Transportation Cabinet sewer improvement reimbursement agreement; Resolutions 0101-13 and 0102-13 authorizing easement releases; Resolution 0108-13 authorizing RCC Consultants change order for public safety radio system; Resolution 0084-13 authorizing PFM Asset Management financial services agreement; Resolution 0120-13 authorizing deed conveyance at 2000 St. Christopher Drive; Resolution 0124-13 authorizing agreements with March Madness Marching Band and Lexington Women's Club; Resolution 0131-13 authorizing banking services agreements; Resolution 0133-13 authorizing Omnisource Integrated Supply WebEOC services; and Resolution 0134-13 authorizing Benefits Insurance Marketing contract [timestamp: 0:41:13].

Resolution 0150-13 accepting Bulk Plants, Inc.'s bulk fuel contract bid and Resolution 0168-13 accepting Hurst Office Suppliers' copier paper contract bid passed on motion by Gorton and second by Lawless [timestamp: 0:41:13].

Resolution 0195-13 authorizing LexisNexis research database agreement passed on motion by Mossotti and second by Myers [timestamp: 0:41:13].

Resolution 0216-13 expressing support for constitutional amendment to restore voting rights to felons passed on motion by Ford and second by Gorton [timestamp: 0:58:48].

Resolution 0217-13 authorizing advertisement for Series 2013A and 2013B bonds passed on motion by Gorton and second by Ellinger [timestamp: 1:06:11].

Resolution 0196-13 recommending appointments to Board of Health, Commission for Citizens with Disabilities, and Tree Board passed on motion by Stinnett and second by Farmer [timestamp: 1:07:14].

A police disciplinary hearing cancellation passed on motion by Gordon and second by Lane [timestamp: 1:07:50].

Disciplinary action for Officer Coleman passed on motion by Farmer and second by Lane [timestamp: 1:09:32].

The meeting adjourned on motion by Senate and second by Ellinger [timestamp: 1:16:54].

## Budget and Financial Actions

The meeting approved numerous contracts, grants, and purchases totaling millions of dollars across multiple city departments and initiatives.

**Construction and Facility Projects**

Major capital projects included a $1,094,520 contract with Churchill McGee, LLC for Carver Community Center Renovation (Resolution 0137-13). The Lexington Downtown Streetscape Phase One, Site Amenities Package was awarded to E.C. Matthews for $126,060 (Resolution 0112-13). A change order to the Clays Mill Road Improvements Project contract with Woodall Construction Co. was approved for $183,901.23 (Resolution 0086-13).

**Maintenance and Repairs**

Landmark Sprinkler, Inc. received a $31,630 contract for fire suppression system repair at the Kentucky Theatre (Resolution 0122-13). A price contract with Martin's Sanitation Service, Inc. was approved for portable restrooms for the Division of Parks and Recreation (Resolution 0123-13).

**Software and Technology**

New World Systems Corp. was contracted for $497,430 in software maintenance agreement for support services and upgrades (Resolution 0109-13). AT&T Advanced Enterprise Mobility Solutions received $66,799.25 for Netmotion Wireless Mobility XE Software Client License (Resolution 0163-13). A $27,363.26 purchase of a Ques brand sanitary sewer video camera from Eye-Tronics was approved (Resolution 0152-13).

**Grants and Reimbursements**

The Kentucky Transportation Cabinet received $793,064 reimbursement for sanitary sewer improvements on Fourth Street (Resolution 0094-13). Grant applications for Smart911 and KY911 Network expansion totaling $4,250,000 were approved (Resolution 0171-13). Neighborhood and education incentive grants were awarded: $47,714 to Lansdowne Neighborhood Association for stormwater quality projects (Resolution 0177-13), $29,213 to Living Arts and Science Center (Resolution 0178-13), and $53,340 to Friends of Wolf Run (Resolution 0179-13).

**Bonds**

Two bond ordinances were approved: $10,000,000 in Various Purpose General Obligation Refunding Bonds, Series 2013B (Ordinance 0215-13) and $14,000,000 in Various Purpose General Obligation Bonds, Series 2013A (Ordinance 0224-13).

## Public Comment

Two members of the public addressed the council during this meeting.

**Downtown Infrastructure and Development**

Bernard McCarthy spoke at approximately [timestamp: 1:12:42] regarding downtown infrastructure and development. McCarthy advocated against further government spending on downtown redevelopment. He urged the council to stop propping up real estate prices and instead redirect focus toward infrastructure improvements, specifically mentioning the need to widen roads and preserve existing buildings.

**Mobile Food Truck Ordinance**

Sean Tibbetts spoke at approximately [timestamp: 1:16:03] regarding the mobile food unit vendor ordinance. Tibbetts expressed gratitude for the council's passage of this ordinance. He specifically thanked Councilmembers Akers, Clark, Lawless, Farmer, and Stinnett for their support. Tibbetts noted that the ordinance enables entrepreneurs to spend less time navigating bureaucracy and more time working.

## Appointments

The following appointments and reappointments were made during the meeting:

- **Chris Ford** was appointed to the Board of Health.

- **Tiffany J. Webb** was appointed to the Commission for Citizens with Disabilities.

- **Andrea Strassburg** was reappointed to the Commission for Citizens with Disabilities.

- **Harry Clarke** was appointed to the Tree Board.

## Contested Items

**Resolution 0216-13 on Voting Rights Restoration**

Resolution 0216-13, concerning the restoration of voting rights to formerly incarcerated individuals, generated heated discussion during the meeting. Human Rights Commissioner Anthony Everett delivered a passionate speech in support of the measure, framing voting rights restoration as both a moral imperative and a human rights issue. His advocacy reflected strong public support for the resolution.

The nature of the disagreement centered on whether individuals with prior incarceration should have their voting rights restored, with Everett arguing for restoration based on human rights principles. The resolution received notable backing from public testimony and advocacy during the meeting.

## Roll Call

All 15 council members were present at the meeting. The roll call was conducted by the clerk. [timestamp: 00:01:37]

## Invocation

Pastor Matthew Cole of Calvary Church of the Nazarene offered the invocation at the beginning of the meeting [timestamp: 00:02:16]. Following the invocation, the assembled attendees gave a standing ovation.

## Presentation: Kentucky American Water Science Fair Winners

[timestamp: 00:05:06]

Mayor Jim Gray introduced representatives from Kentucky American Water and Fayette County Public Schools to recognize students who participated in the regional science fair. The presentation honored over 775 students from elementary, middle, and high schools who competed in the event.

Key speakers included:
- Mayor Jim Gray
- Cheryl Norton
- Susan Lancho
- Ellen Williams
- David Helm
- Lori Bowen

The presentation served as a recognition ceremony for the participating students' achievements in the science fair competition. Following the remarks, certificates were distributed to acknowledge the students' participation and accomplishments.

The outcome was informational in nature, with no debate or concerns raised during the agenda item.

## Ordinances – Second Reading

[timestamp: 22:31]

Three ordinances received second reading and approval during this agenda item.

The ordinances addressed the following matters:

* An ordinance amending a position title in Family Services
* An ordinance creating a Deputy Chief Administrative Officer position
* An ordinance re-appropriating budget funds

Key speakers on this item included Lane and Stinnett.

All three ordinances were approved unanimously by the body.

## Ordinances – First Reading

[timestamp: 23:57]

Several ordinances were presented for first reading and placed on file for public inspection. Key speakers on this agenda item included Gorton and Ellinger.

The ordinances covered multiple topics:

- Zoning changes
- Creation of new positions
- Hazardous materials code revisions
- Bond authorizations

All ordinances presented were advanced to first reading status, with materials made available for public inspection as part of the standard municipal review process.

## Resolutions – Second Reading

[timestamp: 0:41:13]

Multiple resolutions were presented for second reading and approval during this agenda item. The resolutions addressed bids and authorizations for several municipal projects and services.

**Projects and Bids Approved**

The resolutions approved acceptance of bids for the following:
- Streetscape improvements
- Fire suppression systems
- Portable restrooms
- Community center renovations

In addition to bid acceptances, the resolutions authorized change orders and agreements for various ongoing projects.

**Key Speakers**

Henson and Beard were the primary speakers during this agenda item.

**Outcome**

All resolutions presented for second reading were approved.

## Resolutions – First Reading

[timestamp: 0:42:18]

Several resolutions were presented for first reading during this portion of the meeting. The resolutions addressed a range of administrative and operational matters, including conditional offers for civil service appointments, ratification of past appointments, and authorizations for software, equipment, and grant applications.

Key speakers during this agenda item included Gorton, Lawless, Ellinger, and Myers, who participated in the discussion and presentation of the various resolutions.

The resolutions were read for first reading, which is the initial formal presentation of proposed measures before the body. This procedural step allows for review and discussion prior to subsequent readings and final action.

The outcome of this agenda item was that the resolutions advanced to first reading status, with no final action taken at this time.

## Communications from the Mayor

[timestamp: 1:07:14]

The Mayor presented recommendations for appointments to three boards and commissions. Speakers Stinnett and Farmer participated in the discussion of these appointments.

The Mayor recommended appointments to the following:

* Board of Health
* Commission for Citizens with Disabilities
* Tree Board

All recommended appointments were approved by the Council.

## Communications from the Mayor (For Information Only)

[timestamp: 1:07:14]

The Mayor presented communications to the Council for informational purposes. The Mayor informed the Council of two personnel matters:

- A voluntary demotion
- A staff transfer

Both matters were noted for information only and did not require Council action. This agenda item provided the Council with updates on internal administrative changes within the Mayor's office or city staff.

## Announcements

During the announcements portion of the meeting [timestamp: 1:10:32], two items were shared with the public.

Councilmember Farmer announced the dedication of Mission Lexington's new medical and dental clinic. Details regarding the timing, location, or specific services of the clinic were not provided in the available information.

Councilmember Lawless reminded the public of an upcoming downtown parking meeting. No additional details about the meeting's date, time, or location were included in the summary.

Both announcements were informational in nature, with no debate or discussion recorded.

## Public Comments

Two members of the public addressed the council during this agenda item. [timestamp: 1:12:42]

**Bernard McCarthy** criticized the council's downtown spending priorities, arguing that resources should be directed toward infrastructure improvements rather than redevelopment projects. He advocated for a reallocation of funds to address infrastructure needs.

**Sean Tibbetts** offered positive remarks, praising the council for its support of mobile food vendors.

The public comment period was informational in nature, with no formal council action or response required.

---

## Decisions

- **Ordinance 0083-13** — passed (15-0): Amending Section 21-5(2) of the Code of Ordinances to change the position title of Social Worker Sr. to Life Skills Program Specialist in the Div. of Family Services
- **Ordinance 0135-13** — passed (15-0): Creating one position of Deputy Chief Administrative Officer, Grade 122E, in the Office of the Chief Administrative Officer
- **Ordinance 0155-13** — passed (15-0): Amending certain budgets of the Lexington-Fayette Urban County Government to reflect current requirements and re-appropriating funds
- **Ordinance 0211-13** — passed (15-0): Creating Sections 15-11.1 through 15-11.4 of the Code of Ordinances to regulate mobile food unit vendors
- **Resolution 0112-13** — passed (15-0): Accepting bid of E.C. Matthews for Lexington Downtown Streetscape Phase One, Site Amenities Package
- **Resolution 0122-13** — passed (15-0): Accepting bid of Landmark Sprinkler, Inc. for fire suppression system repair at Kentucky Theatre
- **Resolution 0123-13** — passed (15-0): Accepting bid of Martin’s Sanitation Service, Inc. for portable restrooms contract
- **Resolution 0137-13** — passed (15-0): Accepting bid of Churchill McGee, LLC for Carver Community Center Renovation
- **Resolution 0086-13** — passed (15-0): Authorizing change order to Woodall Construction Co. contract for Clays Mill Rd. Improvements Project
- **Resolution 0093-13** — passed (15-0): Amending Section 2 of Resolution 633-2012 to change accounting line for Smith Contractors bid
- **Resolution 0094-13** — passed (15-0): Authorizing agreement with Kentucky Transportation Cabinet for sewer improvement reimbursement
- **Resolution 0101-13** — passed (15-0): Authorizing release of temporary construction easement at 233 Ruccio Way
- **Resolution 0102-13** — passed (15-0): Authorizing release of two temporary construction easements and one access easement at 225 Ruccio Way
- **Resolution 0108-13** — passed (15-0): Authorizing change order to RCC Consultants agreement for public safety radio system
- **Resolution 0084-13** — passed (15-0): Authorizing agreement with PFM Asset Management for financial services
- **Resolution 0120-13** — passed (15-0): Authorizing deed conveyance of permanent easement at 2000 St. Christopher Dr.
- **Resolution 0124-13** — passed (15-0): Authorizing agreements with March Madness Marching Band and Lexington Women's Club
- **Resolution 0131-13** — passed (15-0): Authorizing agreements with J.P. Morgan Chase, U.S. Bank, Elavon for banking services
- **Resolution 0133-13** — passed (15-0): Authorizing agreement with Omnisource Integrated Supply for WebEOC services
- **Resolution 0134-13** — passed (15-0): Authorizing contract with Benefits Insurance Marketing for insurance review
- **Resolution 0150-13** — passed (15-0): Accepting bid of Bulk Plants, Inc. for bulk fuel contract
- **Resolution 0168-13** — passed (15-0): Accepting bid of Hurst Office Suppliers for copier paper contract
- **Resolution 0195-13** — passed (15-0): Authorizing agreement with LexisNexis for research database
- **Resolution 0216-13** — passed (15-0): Expressing support for constitutional amendment to restore voting rights to felons
- **Resolution 0217-13** — passed (15-0): Authorizing advertisement for bids on Series 2013A and 2013B bonds
- **Resolution 0196-13** — passed (15-0): Recommending appointments to Board of Health, Commission for Citizens with Disabilities, and Tree Board
- **Resolution 0086-13** — passed (15-0): Canceling police disciplinary hearing
- **Resolution 0086-13** — passed (15-0): Approving disciplinary action for Officer Coleman
- **Resolution 0086-13** — passed (15-0): Adjournment

---

## Full transcript

Are we ready to go? All right. Greetings, everyone. Hello and welcome. Welcome to our meeting of the Lexington-Fayette Urban County Council. For those of you who have not been here before, we welcome you. And just procedurally, so you know a little bit of what's going on, what we will first do is ask the clerk of our council to call the roll. And then we will have an invocation. And then we will move on to the routine business. along with the presentation. That's why a lot of kids are here tonight. So we have a busy night. Madam Clerk and Mr. Mundy, you're going to help us with the... Thank you, sir. Madam Clerk, would you please call the roll? Yes, sir. Thank you. Ms. Gorton? Here. Ms. Henson? Here. Mr. Kay? Here. Mr. Lane? Here. Ms. Lawless? Ms. Mazzotti? Here. Mr. Myers? Here. Ms. Scutchfield? Here. Mr. Stennett? Ma'am. Ms. Akers? Here. Mr. Beard? Present. Mr. Clark? Yes. Mr. Ellinger? Here. Mr. Farmer? Here. Mr. Ford? Here. Thank you. Thank you, Madam Clerk. And now I'd like to introduce Pastor Matthew Cole, who is here with us tonight to offer the invocation. And Pastor Cole is with the Calvary Church of the Nazarene. Pastor, thank you so much for being with us. I'll ask everyone to please stand. Thank you. Thank you so much, Pastor Cole. Thank you. All right. We have a procedural issue next. We need to dial back, actually, to Tuesday. I failed miserably to ask for a vote to approve the docket on Tuesday. So, Vice Mayor Gordon, will you give us a motion to approve the docket for tonight so we can proceed? Thank you, Mayor. Yes, ma'am. I move to approve the work copy docket, which was presented to Council on Tuesday, February 26, 2013. Motion by Vice Mayor Gordon, second by Council Member Scutchfield. Is there any discussion on the motion? Hearing none, we can take a vote. All in favor? If we need to do a voice vote on this, that will be adequate. All in favor, please say aye. Aye. Opposed, no. Motion carries. Thank you. Next on our agenda is the presentation of the Kentucky American Water Science Fair winners. So, we have a lot to do in the next few minutes. And I'm going to head down to the podium, and we will be announcing the presentation tonight, the Kentucky American Water Science Fair winners. In just a minute, and we're starting it. Wow. All right. Okay. This is choreographed real well, and Ed knows everything. See, he's telling you all exactly what to do. Listen carefully. All right. While Ed's getting everybody arranged, let me give you all a little bit of background here. This is a special opportunity. I've already said it twice. I'm going to say it again. Winners of the Kentucky American Water Science Fair, celebrating its 29th year this year. It's coordinated by the Fayette County Public Schools. This year's fair was held on February 9th, and more than 775 students in grades 4 through 12 competed locally. Regional competition will be held this Saturday, March 2nd. So, representing Kentucky American this evening, Cheryl Norton. Cheryl, right here, President of Kentucky American Water, Susan Lancho, External Affairs Manager. Susan, say hello, everybody, say hello to Susan and Cheryl. And Ellen Williams, Administrative Assistant. And representing Fayette County Schools is David Helm and Lori Bowen, our school's science specialists. So we also want to welcome students, parents, and friends. Some of them are here in our audience, and many are outside. So we have so many winners and proud parents tonight. We are going to break our honorees into three groups, elementary, middle, and high school. Certificates for everybody, but we won't be able to hand them out individually. Parents and children will be able to get their certificates downstairs in the lobby. So we got the elementary students here. Ed's already got them lined up. So you guys raise your hands. If you attend, Ashland. Okay, great. Athens, Childsburg. Okay, so now is when you all can actually clap. All right, this works. Breckenridge. All right. Cassidy. All right. Christ the King. Dixie. Glendover. Homeschool. Lexington Christian. Lexington University. Universal. Lexington Universal. Liberty. Maxwell. Maxwell. Oh, Metathorpe. Rosa Parks. And Sandersville. All right. Sayer. Scappa. Oh, wait a minute. Yep, yep. Seton Catholic. Okay, now we're talking. Okay. Tate's Creek. And Yates. Okay. All right, let's give them a big hand. again. Okay. All right. Now it's all in your hands, Ed. Oh, yeah, yeah. Council, council, council. Come on, you guys. Come on, come on. It fills in the background perfectly. You all don't have to be shy. You can take us any pictures. You want to stand up if you need to. Let's see what we got for Jenson. Thank you. Wait a second. Here we go. Oh, yeah. We're going to take two quick ones here. We're going to be able to be a shooting. Hold that first. Wait a second. The doctor needs to play. There we go, guys. Nice spot on the council. One more time, guys. This is nice. There we go. Okay, guys. One more for good luck. You're just going to be looking for it. Here. Now, don't lose. Yes. As long as you want. All right. Looks good. Am I good? No. Let's watch it. If the elementary school kids' parents, if they want to follow the kids out that side door, Shante is leading the way. Thank you. Thank you. Thank you. All right. Good to see you. Thank you. Appreciate it. You bet. Thank you all. Hey there. Thank you all. You've been great. How you doing? You're doing all right. These are mine. Thank you so much. Thank you. Thank you all. All right. Thank you. Good to see you. Good to see you all. Hey man. How are you? All right. Good to see you all. Good to see you. Good to see you. Now we're going to bring in the middle school. Okay. Okay. Okay. Congestion. This is a good thing. We've got so many winners, we've got a little congestion. What's happening? Oh, okay. We're going in in the... All right, guys. Okay, now as our elementary students and their parents are leaving, our middle school students are arriving. So, y'all, it's... So while... Yes, ma'am. I just wanted to let you know, this is Lori right here. She has three kids with hearing loss. She's going to stay in with them. I don't know if she's going to. Great, great. Okay, great. Okay. Ed, Ed, Ed. Thank you. Is there a less intrusive place? No, no, this is quite perfect. Yes. Lord. Hey. Good to see you. Good, good. All right. Ed? I'll take it. Yeah, exactly. That's pretty cool. Hey, do you want to get to council? Okay. Council members? You all want to? Council members, how about taking your position? Okay, now, while the council members are taking their positions, Let's see. Raise your hand if you are representing. Okay, I'm going to call out the schools. Beaumont. All right. And Bryan Station. Okay. Carter G. Woodson Academy. All right. Christ the King. All right. Edith J. Hayes. Homeschool. Okay. Lexington Christian. Lexington Universal. I've done that twice. Here we go. Lexington Traditional Magnet. All right. Morton. Saints Peter and Paul. All right. Sayer. Okay. Congratulations. Scapa. Okay. Seton Catholic. All right. Southern. Okay. Tate's Creek. All right. Congratulations. Trinity Christian. Okay. And Winburn. All right. Congratulations. Okay. Let's give another big hand for all of the kids. And a... Thank you. Okay, if you all want to exit out that side door, Shantae's going to lead you out. And parents, you can go ahead and follow. Follow your students or kids. My brother-in-law just got it. JoJo! Hey, how you doing? Good to see you. Yeah. Hey, how you doing? How are you? Doing a pretty good job. Hey, good to see you, buddy. Nice to see you, sir. My wife, Anna. Nice to see you all. Nice. Grandkids? Yep. Mary Gray, you have two high schools. Oh, okay. What's the hotender farm now? Hey, man. How you doing, buddy? Sorry. Is one of your kids? Yeah, Liz. Oh, that's great. Awesome. That's great. Dance, hey, buddy. What schools? Dunbar and homeschool. Okay. Great. What? You want to write your own school? Okay. You can get it. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you all again. So tonight, we're now all the way up to high school. And we had representatives in the fair from Henry Clay, Homeschool, Locust Trace, and Paul Lawrence Dunbar and Sayre. And tonight, we have two high school. Those other guys said, you guys are the real winners. See, you came here. Thanks for being here. Okay, so we're ready to take pictures. Ed. That's right. Thank you very much. Thank you. Oh, my goodness. Okay, we can now move on to the regular routine business, which starts with the second reading of ordinances. And I'll ask our clerk if she will please give us the second reading of ordinances. Susan, whenever you are ready. Great. Thank you. of the Chief Administrative Officer appropriating funds pursuant to Schedule No. 37, effective upon passage of Council. And No. 3, an ordinance amending certain of the budgets of the Lexington-Fade, Irving County Government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds, Schedule No. 36. Move approval. It's a motion by Council Member Lane, second by Council Member Stennett. Is there any discussion on the motion? All right. Hearing none, then I'll ask the clerk to please call the roll. Ms. Gorton. Aye. Ms. Henson. Yes. Mr. Kay. Yes. Mr. Lane. Yes. Ms. Lawless. Yes. Ms. Mazzotti. Yes. Mr. Myers. Yes. Ms. Scutchfield. Yes. Mr. Stennant. Yes, ma'am. Ms. Akers. Yes. Mr. Beard. Aye. Mr. Clark. Yes. Mr. Ellinger. Yes. Mr. Ford. Yes. Excuse me. And Mr. Farmer. Yes, ma'am. Oops. Thanks. Thank you, Madam Clerk. The vote reflects passage of the motion. And, Madam Clerk, when you're ready, please go ahead with the first reading of ordinances. Ordinance number four, an ordinance changing the zone from a two-family residential R2 zone to a high-density apartment R4 zone with a dimensional variance for 0.144 net and 0.173 gross acres. For property located at 1577 Martha Court, a portion of Givens Investments Limited, Council District 6. Number five, an ordinance change in the zone from a wholesale and warehouse business before zone to a Lexington Center business B2B zone for 0.057 net, 0.130 gross acres for property located at 430 West Maxwell Street, Julie and Anthony Childress, Council District 3. Number 6, an ordinance amending Articles 1, 8, and 12 of the Zoning Ordinance to make various modifications to the B-1 zone, including the addition of several new definitions. Urban County Planning Commission. Number 7, an ordinance amending Articles 1, 4, and 16 of the zoning ordinance to modify the definition of driveway for single-family and two-family dwellings, to create new definitions for paved area and private walkway, and to limit the size, material, and configuration of private walkways and driveways in the front yard of single-family and two-family dwellings. Urban County Planning Commission. Number 8, an ordinance amending Section 22-5, two of the Code of Ordinances, creating one position of CSEP Manager Part-Time, Grade 115N, in the Division of Emergency Management 911, effective upon passage of Council. Number 9, in Ordinance Amending Chapter 16A of the Code of Ordinances of the Lexington-Fade Urban County Government pertaining to hazardous materials as follows. Section 16A-1 of the Code of Ordinances is amended to include definitions for cleanup, contractor, hazardous materials, commander and hazardous materials platoon leader, and to delete the Technical Advisory Commission, Section 16A-4 of the Code of Ordinances is amended to remove portions of the discharge reporting requirements. Section 16A-5 of the Code of Ordinances is amended to define the response options of the Division of Fire and Emergency Services following a hazardous material spill. Section 16A-6 of the Code of Ordinances is amended to refine the notice of closure requirements for facilities handling hazardous materials. Section 16A-7 of the Code of Ordinances is amended to refine inventory reporting requirements for facilities handling hazardous materials. Section 16A-8 of the Code of Ordinances regarding implementation requirements is deleted in its entirety. Section 16A-9 of the Code of Ordinances regarding registration requirements is deleted in its entirety. Section 16A-10 of the Code of Ordinances regarding exceptions to registration requirement is deleted in its entirety. Section 16A-11 of the Code of Ordinances is amended to refine the requirements for a spill prevention plan. Section 16A-12 of the Code of Ordinances is amended to redefine the duties of a hazardous materials coordinator. Section 16A-13 of the Code of Ordinances regarding the membership requirements of the hazardous materials team is deleted in its entirety. Section 16A-14 of the Code of Ordinances is amended to redefine the duties of hazardous materials team. Sections 16A-15, 16A-16, and 16A-17 of the Code of Ordinances regarding the Technical Advisory Commission are deleted in their entireties. Section 16A-19 of the Code of Ordinances is amended to refine standards for hazardous materials spill response and coordination with other authorities. Section 16A-20 of the Code of Ordinances regarding voluntary registration is deleted in its entirety. Section 16A-21 of the Code of Ordinances regarding preparation of compliance guidelines is deleted in its entirety. Section 16A-24 of the Code of Ordinances is amended to define parties responsible for enforcement of the chapter. Section 16A-25 of the Code of Ordinances is amended to provide for criminal penalties for violations of the chapter to define violations of inventory reporting requirements, restoration following hazardous material discharge, closure of facilities handling hazardous materials, and maintaining spill prevention plans as criminal violations with a fine not to exceed $250 for individuals and $500 for corporations, and to define violations of the chapter related to hazardous materials discharge as a misdemeanor with penalties of up to 12 months, imprisonment, and fines not to exceed $500 for individuals and $10,000 for corporations. Section 16A-26 of the Code of Ordinances regarding the Civil Penalty Appeals Board is deleted in its entirety and renumbering the affected sections to reflect these changes, all effective on April 1, 2013. Number 10. related to public nuisances to delete the word residential. Number 11, an ordinance amending Section 2152 of the Code of Ordinances abolishing one position of Human Resources Manager Senior, Section Grade 121E, and one position of Health Services Advisor, Grade 114E, and creating one position of Human Resources Manager, Grade 119E, and one position of Human Resources Analyst, Grade 115E, in the Division of Human Resources Appropriating Funds pursuant to Schedule No. 39, effective upon passage of counsel. No. 12, an ordinance amending Section 2252 of the Code of Ordinances, creating one position of child care program aid, part-time, grade 107N, and one position of custodial worker, part-time, grade 102N, in the Division of Family Services and appropriating funds pursuant to Schedule No. 40. 13. An ordinance creating Sections 15-11.1 through 15-11.4 of the Code of Ordinances, Lexington-Fayette-Urban County Government, pertaining to the regulation of mobile food unit vendors and providing for a definition, application of laws and regulations, and itinerant merchants' requirements with exceptions, a $50 fee for each additional unit, a general zoning compliance permit in the indemnification, park property restrictions, and other regulations. Number 14, an ordinance amending certain of the budgets of the Lexington-Fayette-Urban County Government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds. Schedule number 38. Number 15, an ordinance of the Lexington-Fayette-Urban County Government authorizing the issuance of the Lexington-Fayette-Urban County Government various purpose general obligation refunding bonds series 2013-B in one or more sub-series in an aggregate principal amount not to exceed $10 million for the purpose of advance refunding, one, all, or a portion of the outstanding principal amount of Lexington-Phadopon County Government general obligation bonds, day treatment center, multi-use facility, and expansion area boulevard projects. Series 2004C, the proceeds of which were used to finance the acquisition, A, the acquisition of construction and equipping of the day treatment facility, B, acquisition, renovation, and equipping of a multi-use facility, and C, acquisition of rights of way and construction of road improvements, to all or a portion of the outstanding principal amount of the Lexington-Fayton County Government General Obligation Bonds Series 2005C, the proceeds of which were used to finance A, a portion of the costs of providing funding for the purchase of a development rights program or a program to purchase conservation easements, and B, the renovation and upgrade of space in government office buildings and repairs to parking garages and 3, all or a portion of the outstanding principal amount of the Lexington Payton Urban County Government General Obligation Bonds Series 2006B, the proceeds of which were used to finance A, the acquisition and construction of stormwater improvements, B, neighborhood redevelopment projects, and C, purchasing police cars, approving a form of bond, and authorizing designated officers to execute and deliver the bonds, providing for the payment and security of the bonds, creating a bond payment fund, an escrow fund, maintaining the heretofore established sinking fund, authorizing a certificate of award for the acceptance of the bid of the bond purchaser for the purchase of the series 2013 bond refunding bonds, 2013-B Refunding Bonds, Authorizing an Escrow Trust Agreement and Repealing Inconsistent Ordinances. And number 16, An Ordinance of the Lexington-Faderman County Government, Authorizing the Issuance of Various Purpose General Obligation Bonds Series 2013-A in the Aggregate Principal Amount not to exceed $14 million for the purpose of financing various street and highway improvements, including the rehabilitation and paving of existing roads and streets in Lexington, Fayette County, Kentucky, approving the form of the Series 2013-A bonds, authorizing designated officers to execute and deliver the Series 2013-A bonds, authorizing and directing the filing of notice with the state local debt officer, providing for the payment and security of the Series 2013-A bonds, creating bond payments, maintaining the heretofore established sinking fund, authorizing a certificate of award for the acceptance of the bid of the bond purchaser for the purchase of the Series 2013-A bonds and repealing inconsistent ordinances. Thank you. Thank you, Madam Clerk. Any Council members have any walk-ons or Council Member Akers? Thank you, Mayor. I would like to request a second reading on Number 13, please. Second. There's a motion to suspend the rules and give a second read to number 13. There's a motion, and there is a second. Is there any discussion on the motion? All right. Hearing none, then we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Madam Clerk, when you're ready. Ordinance number 13 for second reading. An ordinance creating sections 15-11.1. Sorry. An ordinance creating sections 15-11.1 through 15-11.4 of the Code of Ordinances, Lexington-Fayton County Government pertaining to the regulation of mobile food unit vendors and providing for definition, application of laws and regulations and itinerant merchant requirements with exceptions, a $50 fee for each additional unit, a general zoning compliance permit, indemnification, park property restrictions, and other regulations. Thank you. Thank you. Madam Clerk, is there a motion? Move approval. Motion by the Vice Mayor. Second by Council Member Ellinger. Is there any discussion? All right. Hearing none, then I'll ask the clerk, please call the roll. Thank you. Thank you, Madam Clerk. The vote reflects passage of the motion, which allows us to move on to resolutions for a second reading. Madam Clerk, when you're ready. Resolution number one. A resolution accepting the bid of E.C. Matthews in the amount of $126,060 for the Lexington Downtown Streetscape, Phase 1 site amenities package Main Street and Cheapside for the Department of Environmental Quality and Public Works and authorizing the mayor on behalf of the urban county government to execute an agreement with E.C. Matthews related to the bid. Number 2, a resolution accepting the bid of Landmark Sprinkler, incorporated in the amount of $31,630 for fire suppression system repair for Kentucky Theater for the Department of General Services. Number three, a resolution accepting the bid of Martin's Sanitation Service, Inc., establishing a price contract for portable restrooms for the Division of Parks and Recreation. Number four, a resolution accepting the bid of Churchill McGee, LLC, in the amount of $1,094,520 for the Carver Community Center renovation for the Department of General Services and authorizing the mayor on behalf of the urban county government to execute an agreement with Churchill McGee LLC related to the bid. Number five, a resolution authorizing the mayor on behalf of the urban county government to execute change order number six, final to the contract with Woodall Construction Company for the Clay's Mill Road improvements project, increasing the contract price by the sum of $183,901.23 from $3,750,690.60 to $3,934,520. $91.83. Number 6, a resolution amending Section 2 of Resolution Number 633-2012 related to the bid acceptance of Smith Contractors Incorporated for the West Hickman Wastewater Treatment Plant Odor Control Improvements to change the accounting line from 4003-303-403-92711 to 4003-303-401-92711. Number 7. A resolution authorizing and directing the mayor on behalf of the urban county government to execute an agreement with the Commonwealth of Kentucky Transportation Cabinet for reimbursement for sanitary sewer improvements for 4th Street at a cost not to exceed $793,064. Number eight, a resolution authorizing and directing the mayor on behalf of the urban county government to execute a release of easement releasing a temporary construction easement on property located at 233 Ruseo Way. Number nine, a resolution authorizing and directing the mayor on behalf of the urban county government to execute a release of easement, releasing two temporary construction easements and a temporary access easement on property located at 225 or UCOA. Number ten, a resolution authorizing the mayor on behalf of the urban county government to execute change order number one to the Consultant Services Agreement with RCC Consultants Incorporated for technical services related to the public safety radio system project, increasing the contract price by the sum of $19,406.97 from $35,820 to $55,226.97. Number 11, a resolution authorizing the mayor on behalf of the urban county government to execute an agreement with PFM Asset Management LLC to provide various services for the Department of Finance at a cost not to exceed $12,500. Number 12, a resolution authorizing and directing the mayor on behalf of the urban county government to execute necessary documents and accept a deed conveying a permanent easement across the property. Located at 2000 St. Christopher Drive for the Idle Hour North Stormwater Improvements Project had a cost not to exceed $1,400, plus usual and appropriate closing costs. Number 13. A resolution authorizing and directing the mayor on behalf of the Urban County Government to execute agreements with March Madness Marching Band, $625, and Lexington Women's Club, $650, for the Office of the Urban County Council at a cost not to exceed the sums stated. Number 14, a resolution accepting multiple responses to RFP No. 24-2012, Comprehensive Commercial Banking Services for the Department of Finance, and authorizing the mayor on behalf of the Lexington-Faderman County Government to execute agreements and any other necessary documents related to the RFP with J.P. Morgan Chase Bank, N.A., United States Bank National Association, Elevon Incorporated, and any related affiliates at a total estimated cost not to exceed $110,000 for FY 2014. Number 15, a resolution authorizing the mayor on behalf of the urban county government to execute an agreement with Omnisource Integrated Supply LLC for the Web EOC coordinator services using funds awarded under the chemical stockpile emergency preparedness program at a cost not to exceed $53,000. and number 16, a resolution authorizing the mayor on behalf of the urban county government to execute a contract with benefits insurance marketing to provide a review of voluntary insurance for a one-year term beginning February 1, 2013 for the urban county government. Okay. Thank you. Thank you, Madam Clerk. Is there a motion to approve? Second. Motion by Council Member Henson. Second by Council Member Beer. Is there any discussion on the motion? All right. Then hearing none, I'll ask the clerk to please call the roll. I'm sorry. Who was the first on that, please? Council Member Henson. Henson, thank you. Yes, ma'am. The second was Council Member Beard. Mr. Beard, yes, thank you. I heard part of the equation. Ms. Gorton. Aye. Ms. Henson? Yes. Mr. Kay? Yes. Mr. Lane? Mr. Lane? Yes. Thank you. Ms. Lawless? Yes. Ms. Mazzotti? Yes. Mr. Myers? Yes. Ms. Scutchfield? Yes. Mr. Stennett? Yes, ma'am. Ms. Akers? Yes. Mr. Beard? Aye. Mr. Clark? Yes. Mr. Ellinger? Mr. Farmer and Mr. Ford. Thank you. Thank you, Madam Clerk. The vote reflects passage of the motion. Next on our agenda are resolutions for our first reading. And I believe number 28, there will be an amendment. and, Madam Clerk, if you'll stop reading before that, number 28. And I believe, and it's my understanding that there will be at least one public comment, Mr. Everett, on number 41. So we'll allow that before number 41. All right? Sure. Thank you, ma'am. So please proceed when you're ready. Yes, sir. Number 17, a resolution accepting the bid of bulk plants incorporated establishing a price contract for bulk fuel for the Division of Facilities and Fleet Management. Number 18, a resolution accepting the bid of Hearst Office Suppliers establishing a price contract for copy or paper for the Division of Central Purchasing. Number 19, a resolution authorizing the Division of Human Resources to make a conditional offer to the following probationary civil service appointments. Tiffany Oaten, Family Services Center Manager, Grade 116E, 165912, biweekly, in the Division of Family Services, effective upon passage of counsel. Ashley Adams, Telecommunicator Senior, Grade 113N, 16.438 hourly. In the Division of Emergency Management 911, effective upon passage of counsel. Daryl Watkins, Public Service Worker Senior, Grade 107N, 11.613 hourly. In the Division of Streets and Roads, effective upon passage of counsel. Eric Scruggs, Public Service Worker Senior, Grade 107N, 12.438 hourly. In the Division of Streets and Roads, effective upon passage of counsel. William Sinclair, Trade Supervisor, Grade 113N, 18.4368, hourly, in the Division of Facilities and Fleet Management, effective upon passage of counsel, authorizing the Division of Human Resources to make a conditional offer to the following unclassified civil service appointment. Elizabeth Overman, Senior Administrative Aid to the Mayor, Grade 120E-20030770, bi-weekly in the office of the Mayor, effective February 25, 2013. Number 20, a resolution ratifying the probationary civil service appointments of John Walker, public service supervisor, grade 111N, 15.494, hourly in the Division of Parks and Recreation, effective February 25, 2013. Candace Warford, Information Systems Business Analyst, grade 120E, 2005-70, 56 biweekly in the Division of Enterprise Solutions, effective March 11, 2013. ratifying the permanent civil service appointments of Timothy Lee Equipment Operator Senior Grade 109N in the Division of Waste Management effective January 16, 2013. Number 21, a resolution authorizing the mayor on behalf of the urban county government to execute a software maintenance agreement with New World Systems Corporation for support services upgrades and revisions to the software application package at a cost not to exceed $497,430 through June 30, 2015, subject to appropriations by Council, of which $152,500 is for FY 2013. Number 22, a resolution authorizing and directing the Mayor on behalf of the Irvin County Government to execute an Adopt-a-Spot Program Agreement with First United Methodist Church BSA 1789 for participation in the Adopt-a-Spot Roadway Clean-up Program at a cost not to exceed $772. Number 23, a resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute a releaseable mortgage, releasing a mortgage on property located at 183 Walton Avenue. 24, a resolution authorizing the mayor on behalf of the Irvin County Government to execute a renewal agreement with Omnisource Integrated Supply LLC for temporary employees for the Division of Emergency Management 911 at a cost not to exceed $15,000 for FY2012 under the Metropolitan Medical Response System grant and $15,000 from the Emergency Management Assistance grant for FY2013. Number 25, a resolution authorizing the mayor on behalf of the urban county government to execute an equipment donation agreement with Beaumont Center Family YMCA for donation of two pieces of exercise equipment. Twenty-six, a resolution authorizing the Division of Water Quality on behalf of the urban county government to purchase a Quays brand sanitary sewer video camera from iTronics, a sole source provider at a cost not to exceed $27,363.26. since. 27, a resolution authorizing and directing the mayor on behalf of the urban county government to execute an amendment to agreement with reach incorporated to permit reach to transfer responsibility and home funds for development of the property at 442 georgetown street to fayette county local development corporation and to provide an additional twelve thousand seven hundred eighty nine dollars in home funds to reach for completion of the project. 28, a resolution authorizing the mayor on behalf of the urban county government to execute agreements. Sorry, Madam Clerk. I'm just on the roll. I needed to intervene and ask Council Member Akers. Thank you. I move that item number 28 under the first reading of resolutions be amended by removing the Lyric Theater and Cultural Arts Center Corporation and replace it with the Bluegrass Community Foundation. Motion by Council Member Akers, second by Council Member Stennett. Is there any discussion on the? Oh, oh, oh, I didn't see that. That was just coming from that direction. Oh, surely not. Second by Council Member Farmer. 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. All right. Madam Clerk, when you're ready, go ahead and continue. Number 28, for first reading as amended, a resolution authorizing the mayor on behalf of the urban county government to execute agreements with Bluegrass Community Foundation, $625, Lexington Women's Recognition Garden, $900, and Bryan Station High School Alumni Association, $500 for the office of the urban county council at a cost not to exceed the sums stated. Number 29. A resolution authorizing the mayor on behalf of the urban county government to execute a price contract to amendment resolution number 692-2012 with Meridian Management Corporation for facility management services for Fayette County Courthouses at a cost not to exceed $412,213 for FY2013. Number 30, a resolution authorizing the Division of Police on behalf of the Urban County Government to purchase net motion wireless mobility XE software client license from AT&T Advanced Enterprise Mobility Solutions, a sole source provider, at a cost not to exceed $66,799.25. Number 31, a resolution authorizing the mayor on behalf of the urban county government to execute an engagement letter with Vertical Consultants LLC for services to review telecommunication leases at a cost not to exceed $20,000. 32, a resolution authorizing and directing the mayor on behalf of the urban county government to execute and submit two grant applications to the Kentucky Commercial Mobile Radio Service Emergency Communications Board and to provide any additional information requests in connection with these grant applications, which grant funds are in the amount of $4,250,000 Commonwealth of Kentucky funds and are for expansion of Smart 911, $3,500,000, and expansion of Kentucky 911 Network, $750,000. Number 33, a resolution authorizing the mayor on behalf of the urban county government to execute engineering services agreements with four pre-qualified engineering firms, Palmer Engineering Company, HDR Engineering Incorporated, Strand Associates Incorporated, and GRW Engineers Incorporated. Bless you. to provide engineering services for conventional large pump station designs, category number 6 of RFP number 33, 2012, related to the consent decree remedial measures projects. Number 34, a resolution authorizing the mayor on behalf of the urban county government to execute engineering services agreements with nine pre-qualified engineering firms, HMB, Professional Engineers Incorporated, EA Partners, PLC, Palmer Engineering Company, Howard K. Bell, Consulting Engineers Incorporated, Genn Byron's, Inc., Strand Associates, Inc., CDP Engineers, Inc., GRW Engineers, Inc., and Tetra Tech, Inc. to provide engineering services for conventional small pump station designs. Category No. 5 of RFP No. 33, 2012, related to the consent decree remedial measures projects No. 35. A resolution authorizing the mayor on behalf of the urban county government to execute an agreement with awarding a Class B neighborhood incentive grant for stormwater quality projects to Lansdowne Neighborhood Association, incorporated $47,714 at a cost not to exceed the sums stated. Number 36, a resolution authorizing the mayor on behalf of the Irvin County Government to execute an agreement with awarding a Class B education incentive grant to the Living Arts and Science Center, incorporated at a cost not to exceed $29,213. Number 37, a resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute an agreement awarding a Class A neighborhood incentive grant funds to Friends of Wolf Run Incorporated $53,340 at a cost not to exceed the sums stated. Number 38, a resolution accepting the response of Dr. Ryan Stanton to RFP No. 1-2013, Medical Director Services for the Division of Fire and Emergency Services, and authorizing the mayor on behalf of the Irwin County Government to execute a professional services agreement with Dr. Ryan Stanton related to the RFP bid at a cost not to exceed $50,000 plus insurance for the initial 12-month period. Number 39, a resolution authorizing and directing the mayor on behalf of the urban county government to execute an agreement with LexisNexis for a research database to be used by the council office at a cost not to exceed $900 for FY2013. and number 40, a resolution authorizing and direct to the mayor on behalf of the urban county government to execute agreements with Winburn Neighborhood Association Incorporated, $250, and Lex Hart's $3,350 for the office of the urban county council at a cost not to exceed the sums stated. I remembered this one. Thank you, Madam Clerk. This is number 41, and Mr. Everett, I believe this is where you wish to speak. Thank you. Welcome, sir. Thank you. I'm Anthony Everett. My address is 2312 Golden Oak Drive, Lexington, Kentucky. Again, I'm a Human Rights Commissioner. I'm not here on behalf of the Human Rights Commission. I want to clearly state that. I am the lead Christian social activist with me, a community of faith. As you consider supporting this proposal, the proposal resolution from Chris Ford, that supports returning citizens, allowance to participate in the democratic process of voting once all criminals' sentence obligations to society are completed, your vote of affirmation will not only act as a decision of moral significance, you will lead the people of Lexington, Fayette, Urban County, and our Commonwealth of Kentucky forward to change and injustice against so many people that is so long overdue. Like the campaign slogan our mayor ran on during his last election, a fresh start plan. We have an opportunity to change history and give so many people their fresh start. As we celebrate a community inclusive enough to elect as first openly gay mayor, and the point there is that if we look at Mississippi today, the state of Mississippi, Clarksdale, Mississippi, just yesterday an openly gay mayoral candidate was killed. We need to consider that we have a very inclusive community. And as we celebrate this community's openness, an affirmative vote for this resolution is a human rights ethic of an equally great magnitude. And I wish for my council leaders and mayor to be on the right side of history. Now, over 10,000 African Americans in Lexington cannot vote. When we consider others in our community who are equally disenfranchised, the numbers are even greater and they are appalling. Although returning citizens pay taxes that support every level of government and have completed their time of incarceration as well as parole, when it comes to their vote, their voices are silenced. The right to vote not only gives returning citizens a vote, it restores people who have paid their debt to society to their very humanity. It provides hope to those who are too often left voiceless in society. It's not a privilege that can be taken away as punishment. The right to vote is a fundamental human right and democratic principle born of responsible citizens in which our country and our government rightfully models to the rest of the world. Again, as people of faith who seek to restore justice for returning citizens, we ask you to join in the movement to free democracy and restore the vote. Thank you. Thank you, Mr. Everett. Madam Clerk, please continue when you're ready. Yes, sir. Number 41, a resolution expressing support for and requesting that the Kentucky General Assembly place before the voters of the Commonwealth an amendment to Section 145 of the Kentucky Constitution to grant automatic restoration of voting rights to persons convicted of a felony other than treason, intentional killing, a sex crime, or bribery after expiration of probation, final discharge from parole, or maximum expiration of sentence and hereby notifying Governor Steve Beshear, Senate President Robert Stivers, House Speaker Greg Stumbo, and Fayette County's legislators of this resolution. Number 42, a resolution of the Lexington-Fayette-Irvin County government authorizing the advertisements for bids and the distribution of a preliminary official statement for the purchase of principal amount of its one various purpose general obligation bond series 2013A in an amount not to exceed $14 million, and to various purpose general obligation refunding bond series 2013 be in a principal amount not to exceed $10 million. And that's it. Thank you, Madam Clerk. Are there any motions? Vice Mayor? Yes, Mayor. This is not a walk-on, but it is a motion to suspend the rules and give second reading to numbers 28, 38, and 40. And I thought maybe Council Member Ford would want to do 41. So we'll thank you. Thank you, Vice Mayor. There's a motion by Vice Mayor Gordon for numbers 28, 38, and 40. Is there a second? Second. Second by Council Member Wallace. Is there any discussion? All right. All in favor, then please say aye. Aye. Opposed, no. Motion carries. Council Member Stennett. Thank you, Mayor. A motion to suspend the rules on number 23 so that this property can move forward and transfer. So move. Second. Motion by Council Member Stennett. Number 23, 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. Yes, sir. Council Member Ford. Thank you, Mayor. I move that we suspend the rules and give second reading to Resolution 41 in order to expedite the delivery to the honorable elected officials in Frankfurt. So moved. Second. Motion by Council Member Ford. 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 carries. Council Member Massadi. Thank you, Mayor. We'd like to suspend the rules on number 39, please. All right. A motion by Council Member Massadi to suspend on number 39, second by Council Member Myers. Is there any discussion on the motion? All right. Hearing none, then we can take a vote. All in favor, please say aye. Opposed, no. Motion carries. Council Member Myers. Thank you, Mayor. I was asking to do number 39, but Council Member Sotti beat me to it. But I will take this opportunity to thank Council Member Ford for his leadership on the resolution that we passed, number 40. Thank you very much for bringing that forward. All right. Thank you. Thank you. Correction on that. Number 41. I'm sorry. Thank you, Council Member Myers. All right. It looks like Mr. Barbary. Mayor, the administration needs a second reading of number 19. That's your conditional offer resolution. And number 42, which is the advertisement of the bonds. Move approval to suspend the rules. Motion by Vice Mayor Corton and a second by Council Member Ellinger. 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. All right. All right, that's all then. Susan, whenever you're ready. Yes, ma'am, that's okay. It looked like it was an important conversation. I didn't want to interrupt. No. No, sir. Listen, the lawyer and the clerk's talking, you listen. You go cautiously. Thank you, sir. Number 19. Now that you made me blush. Number 19. Well, okay. A resolution authorizing the Division of Human Resources to make a conditional offer to the following probationary civil service appointments. Tiffany Oten, Family Services Center Manager, Grade 116E, 165912, biweekly in the Division of Family Services, effective upon passage of counsel. Ashley Adams, Telecommunicator Senior, Grade 113N, 16.438 hourly in the Division of Emergency Management 911, effective upon passage of counsel. Darrell Watkins, public service worker, senior, grade 107 N, 11.613 hourly. In the Division of Streets and Roads, effective upon passage of council. Eric Scruggs, public service worker, senior, grade 107 N, 12.438 hourly. In the Division of Streets and Roads, effective upon passage of council. William Sinclair, trades supervisor, grade 113 N, 18.436 hourly. in the Division of Facilities and Fleet Management, effective upon passage of counsel, authorizing the Division of Human Resources to make a conditional offer to the following unclassified civil service appointment. Elizabeth Overman, Senior Administrative 8, to the Mayor, Grade 120E, 230770, biweekly in the Office of the Mayor, effective February 25, 2013. Number 23. A resolution authorizing and directing the mayor on behalf of the urban county government to execute a release of mortgage releasing a mortgage on property located at 183 Walton Avenue. 28. A resolution authorizing the mayor on behalf of the urban county government to execute agreements with Lyric. Oops. with Bluegrass Community Foundation $625, Lexington Women's Recognition Garden $900, and Bryan Station High School Alumni Association $500 for the Office of the Urban County Council at a cost not to exceed the sums stated. Number 38. a resolution accepting the response of Dr. Ryan Stanton to RFP No. 1, 2013 Medical Director of Services for the Division of Fire and Emergency Services and authorizing the Mayor on behalf of the Urban County Government to execute a professional services agreement with Dr. Ryan Stanton related to the RFP bid at a cost not to exceed $50,000 plus insurance for the initial 12-month period. Number 39, a resolution authorizing and directing the mayor on behalf of the urban county government to execute an agreement with LexisNexis for a research database to be used by the council office at a cost not to exceed $900 for FY2013. Number 40, a resolution authorizing and directing the mayor on behalf of the urban county government to execute agreements with Windburn Neighborhood Association, incorporated $250 and LexArts $3,350 for the office of the urban county council at a cost not to exceed the sums stated. Number 41. Robert Stivers, House Speaker Greg Stumbo, and Fayette County legislators of this resolution. And number 42, a resolution of the Lexington Fayette-Arton County Government authorizing the advertisement for bids and the distribution of a preliminary official statement for the purchase of the principal amount of its one various-purpose general obligation bonds, Series 2013-A, in an amount not to exceed $14 million, and two various-purpose general obligation refunding bonds, Series 2013-B, in the principal amount not to exceed $10 million. Thank you. Motion by Council Member Ellinger to approve. Second by Council Member Myers. Is there any discussion on the motion? All right. Now we go to, wait a minute, I've gotten lost here. Are we ready for a voice vote? I mean for a roll call, right. No, this will be right. Okay. Whenever you're ready. Yes, sir. I'm clerk. Ms. Gorton. Aye. Ms. Henson. Yes. Mr. K. Yes. Mr. Lane. Yes. Ms. Lawless. Gratefully, yes. Okie dokie. Ms. Mazzotti. Yes. Mr. Myers. Yes. Ms. Gutchfield? Yes. Mr. Stenet? Yes, ma'am. Ms. Akers? Yes. Mr. Beard? Aye. Mr. Clark? Yes. Mr. Ellinger? Yes. Mr. Farmer? Yes, not all. And Mr. Ford? Yes. Thank you. Thank you, Madam Clerk. The vote reflects passage of the motion. Next on our agenda, communications from the mayor. I need a motion. Motion by Council Member Stennett, second by Council Member Farmer. Is there any discussion on the motion? Hearing none, then we can take a vote. All in favor, please say aye. Aye. Opposed, no. The motion carries. Next is for information only, communications and then announcements. Before Councilmember announcements, Vice Mayor has an announcement. We do have a police disciplinary item. I want to do that first. Is that okay? Is your announcement? Go ahead. Mine was a motion, Mayor, to cancel the police disciplinary hearing that we scheduled on March the 11th because our law department informed us it was no longer necessary. Second. All right. Motion by Vice Mayor Gordon, second by Council Member Lane. Is there any discussion on the motion? Hearing none, we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. My note, so we do have a disciplinary action by Commander Coleman. Yeah. All right. Are there any other motions or any other announcements while Commander Coleman is coming up? All right. Commander? Hello. Yes, sir. Division of Police Employee No. 44387 was found to be in violation of the Division of Police Policy in relation to Operational Rules Section 1.22. The employee has voluntarily accepted the disciplinary action of 10-hour suspension without pay as punishment for the conduct and has signed an agreement of conformity in relation to such, and it's on file with the Council Clerk. All right. Thank you, Commander. Is there a motion? All right. First, we have some questions. I'll make a motion, but I don't remember this coming forward with a number, not a name, period. So I'm Officer Steve Roberts. Is it a name? So moved. Second. All right. Motion by Council Member Farmer. Second by Council Member Lane. Is there any discussion on the motion? Vice Mayor Gordon. My question was to ask if you could say, I think you said violation of operations orders. Is that right? Usually there's something in lay terms to help us understand. Yes. What this dealt with was his treatment of a prisoner when he was booking him in at the jail. It wasn't in accordance with the policy. Thank you, Vice Mayor. Any further discussion? All right. Then hearing none, we can take a vote. All in favor, please say aye. Aye. Opposed, no. The motion carries. All right. The floor is now available for public comments, and I have... Wait, wait, wait. Oh, Mr. Farmer, excuse me. I missed that. Thank you, sir. Yes, sir. Since our session ran along on Tuesday and we didn't really get council report during this part, there's one thing I wanted to make the council and the public aware of for Sunday. Mission Lexington provides free medical and dental care to adult Fayette County residents who cannot afford care. The directors of Mission Lexington Board would like to request the pleasure of our company, that would be us as well as the public, for the official dedication of the new medical and dental clinic facilities of Mission Lexington on Sunday, this coming Sunday, the 3rd, at 2 p.m. And this is at 2.30 South Martin Luther King, which is the old radiology building. It used to be right up here, just right across the viaduct, while we still have a viaduct. and the open house will be there from 1 until 3, but the dedication will be at 2 p.m., so we'll look forward to seeing everybody there at 2 p.m. Thank you, Mayor. Thank you, Council Member Farmer. Any other Council members wish to make a Council report? Council Member Lawless. I want to remind people about the downtown parking meeting that's going to be at 7.30 on March the 3rd, I believe it is. And I look forward to Mission Lexington does tremendous work. I look forward, it's in the 3rd District, and I look forward to riding my gondola there if, in fact, Mr. Farmer has the overpass removed. It's getting dangerous territory. Any murder council reports? All right. Mercifully, yeah. Okay. Now, can we, are you all ready? to go on then to public comment? Sure. Okay. Mr. McCarthy. For the record, my name is Bernard McCarthy. My address is 515 Harry Street. Please do not rip out any of our viadats, not the one next to this building or the one that's on the other side of the Civic Center. We need to keep our streets. If anything, we need to make some of them bigger. I would suggest that since the center point block is still sitting empty, perhaps you should buy a strip on each side of it and widen both limestone and upper by at least one lane, one regular lane plus one bike lane. but other than that I think part of the problem with downtown is the very fact that this government has kept pouring money into various things that were really frills redecorating it but not actually supplying any more infrastructure you've essentially propped up a price bubble Now, I know we had real estate price bubbles collapse all over our country five years ago that created a recession we still haven't completely recovered from, but I suspect that the only way we're ever going to have downtown real estate become productive might be if you guys get out of the way, quit pouring tax money into propping up prices of real estate and let any remaining price bubbles collapse. Right now, I think part of the trouble with downtown is that the land costs so much that there's just not that many activities it can be used for that will generate enough profit to let any investor recover his costs and make a profit. And too often in the past, developers have torn down buildings that were still sound, put up more expensive buildings only to lose their shirt in bankruptcy court. I'd really rather people be able to utilize what buildings exist until they completely wear out. I'd rather this government keep using the civic center the way it is and not waste any more money rearranging it. In other words, recover what you already borrowed and spent on the place and don't go borrowing and spending more. When you find yourself in a hole, stop digging. Thank you. Thank you, Mr. McCarthy. Mr. Ebbets. Mr. Sean Ebbets. Oh, God, yes, that's right, Sean. Yes, sir. I just wasn't even reading right, correctly. Excuse me. That would be my bad handwriting, sir. I apologize. Oh, listen, that was my bad eyesight. I'm Sean Tibbetts, 4009 Hillside Drive. I just wanted to take a moment tonight, and Honorable Mayor, Vice Mayor, our council members, distinguished guests and citizens, from a Fayette County business owner, the director of the Bluegrass Food Truck Association, and a food trucker at heart, just a resounding thank you for the resolution that passed tonight and the update to the ordinance. with the leadership of Councilmember Akers and the participation of Councilmembers Clark and Lawless and Farmer and Stinnett. There he is. Along with the support of the entire council, we've managed to move this process forward. I just wanted to let you guys know that you've better enabled entrepreneurs and job creators to spend less time in government buildings and spend more time going to work. So, again, a resounding thank you. Thank you, Mr. Tibbetts. All right, that's all I have signed up. Mr. Mundy, is that it? All right, sir. All right, sir. Motion by Councilmember Senate to adjourn. Second by Councilmember Ellinger. All in favor, please say aye. Aye. Opposed, no. Motion carries. We are adjourned. Thank you.
