Greetings. Hello, guys. Nice to see you all again. Welcome, everyone, to the March 21st meeting of the Council. And routinely first on our agenda is a roll call, which is given by our clerk, Susan Lamb. So, Susan, when you're ready, please call the roll. Mr. Lane? Here. Ms. Lawless? Here. Ms. Mazzotti? Here. Mr. Myers? Here. Ms. Scutchfield? Here. Mr. Stennett? Yes, ma'am. Ms. Akers? Here. Mr. Beard? Present. Mr. Clark? Here. Mr. Ellinger? Here. Mr. Farmer? Yes, ma'am. Mr. Ford? Here. Ms. Gorton? Here. Ms. Henson? Here. And Mr. Kay? Here. Thank you. Thank you, Madam Clerk. And next on our agenda is the invocation, and tonight we are honored to have the Reverend Tom Grebe from Centenary United Methodist Church with us. Tom, thank you so much for being with us. Let's pray together. Let's say, God, the creator of all, we thank you for your presence with us. We thank you for your deep and abiding love. We thank you that you work in us a great work, that you're forever making us new, molding and shaping our lives. We pray the same for this community. We pray, Lord, great thanksgiving for the good work done throughout this community where your spirit is moved and where lives have been changed. We pray, Lord, that as we dispatch the work of this council meeting tonight, that all that is done would be pleasing in your sight and that we would know of you fully. We pray for all in attendance and particularly for those who are our elected officials. We pray you guard and guide them. And may the same be said of this community to where we know of your protection, your watch care, and of your love. We thank you for the opportunity to serve in this way we do love you, we need you, and we give you our lives. Amen. Thank you, Reverend Grieve, and thank you for all the good work that Centenary does throughout our city. Before we commence with presentations, I believe Council Member Harry Clark would like to introduce some very special guests. Thank you, Mayor. I would indeed like to introduce two very special young men to you tonight. It is my great pleasure to introduce to you Ralph Bright, and Ralph, you stand up, and Xander Hardy. These two young men are second graders, one's at Stonewall Elementary and one is at Wellington. and they are, as you can tell, Cub Scouts, and they have already earned badges that are the Bobcat and the Tiger badges, and now they are working on their wolf badge. And one of the requirements for their wolf badge is to find something really important to visit in Lexington. So they have picked us. so they're working on that badge and they're accompanied by Ralph has his mother here, Melissa and Xander has his father, Josh Hardy and Josh happens to be the den leader so you two stand if you would please so if you would welcome them to our council meeting thank you And these guys just got through with the Pinewood Derby, too, and they were both winners. That's what the reports are. Congratulations. All right, next on our agenda tonight are presentations. Tonight we have two presentations. The first is recognizing the 2012 National Recycle Bowl School Competition winners and then honoring Captain Shannon Eisen. So first, I'd love to ask council members Diane Lawless, Julian Beard, Harry Clark, Peggy Henson, and Siobhan Akers to join me down in front, and we'll get started with the first presentation. Thank you. I'd like to invite you tonight to welcome students from several schools competing in the Recycle Bowl. The Recycle Bowl is one of many projects brought to us by the Keep Lexington Beautiful Commission. This Citizen Volunteer Commission was created in 2010, and it's a busy, busy group. Right now, Chair Patricia Knight and the Commission are busy organizing our spring clean-up. Council Member Peggy Henson is a member of the Commission, and she will tell us a little about the Recycle Bowl and announce the school winners. Council Member Peggy. Thank you, Mayor. Thank you, Council Members. As a member of Keep Lexington Beautiful Commission and affiliate of Keep America Beautiful, It is my pleasure to talk to you this evening about the 2012 National Recycle Bowl competition. The competition was held October 15th through November 9th of 2012, challenged students and faculty in every state to collect recyclable materials generated at their schools, such as glass, plastic bottles, cardboard, and paper products. Participating schools were judged on the amount of recyclables collected. This competition was sponsored by Keep America Beautiful and Nestle Waters North America. And during this competition, schools across the country recycled over 2 million pounds of material. Students and teachers from five Fayette County schools competed in the National Recycle Bowl for Kentucky. Ashland Elementary, Leastown Middle, Montessori Middle, Paul Lawrence Dunbar High, and Russell Cave Elementary not only competed but claimed five out of the top ten positions, including first place. Overall, Lexington schools kept 20,430 pounds of material from being wasted in our landfill. It is my pleasure now to present certificates to the participating schools to show our appreciation. First, ranked ninth overall, recycled 363 pounds total, which equaled 1.2 pounds per person. is Russell Cave Elementary. Council Member Lane will present this award. And we need a photo. Chuck, is that Lane's thing that came out? No, that was not here. Let me do it real quick now. Thank you all. And we're going to get a group picture afterwards, so don't go away. Ashland Elementary ranked fifth overall and recycled 2,085 pounds total or five pounds per person. Council Member Lawless will present their award. Thank you. Ranked four overall and recycled 12,438 pounds or 5.4 pounds per person is Paula Lawrence Dunbar High School to be presented by Council Member Clark. I'm sorry. Thank you. Thank you for your word. Next, ranked second overall in recycled 4,860 pounds, and that's 7.1 pounds per person, is Leastown Middle. And Council Member Akers, no one here from Leastown? I have, will you take the, we'll take it to them. Thank you, Council Member Akers. And I have three grandsons that attend Leastown, and they were watching because they were excited about that award. So that was now number one recycled more than 680 pounds, 12 pounds per person. Montessori Middle was the overall state of Kentucky winner and will receive a $1,000 award from the contest organizers. and Council Member Beard will present that award. Thank you. Now, I guess we're going to get a group picture of everyone, if you will come back to the front. Thank you all so much for your work. And get the council members. Ask the council members. Council members. Do our exercise. I'd have to stand up on a chair if anybody would see me anyway. Julian needs to get on the end. Julian needs to get on the end. Feet up. All right, feet up. Exactly. I turn my frown upside down when you text me yesterday, Kevin. That's right. Was he texting everybody yesterday? I guess about Randall. Thank you. Nice smile. One more time, guys. Nice big smile. Very good, ladies and gentlemen. Thank you very much. Thank you. Thank you. And now Vice Mayor Gordon is going to join me. We are all so proud tonight to welcome Shannon Eisen, a recipient of the Silver Star presented by President Obama just recently in the Kentucky National Guard. Yes. Thank you. Thank you all. Well, in the Kentucky Army National Guard, it's Captain Eisen. And tonight, with the vote of the Council, he will become Lieutenant Eisen in the Division of Fire and Emergency Services. The Silver Star is given for gallantry in action. The official awards citation that Lieutenant Isen received from the government says several lives would have been lost without his courageous acts. So, Shannon, we're all very proud of you and thankful for your service both in the Army, in Afghanistan, and here at home in our Division of Fire and Emergency Services. So it's with great pleasure that we present you with the first Henry Clay Ambassadorship of 2013. This is a special award we created to honor our best and brightest. And Vice Mayor Gordon is going to hand the plaque to you now. And now I'd like to ask Vice Mayor Gordon to offer her congratulations. Vice Mayor. Thank you, Mayor. It is an extreme honor for our mayor and council to have the opportunity to honor Captain Eisen. You can come back up here close. he is our firefighter and he has been awarded the third highest honor for gallantry and valor in combat and I have to say you're the first silver star recipient I've met and most folks don't have an opportunity like this to meet someone of your stature Captain Eisen, as you will see if you read the Army Times article which is distributed about the Council Chamber was honored for his actions in an hour-long ambush in Afghanistan I believe in 2008? Yes. Among other things, the article says that And he moved wounded to cover, applied medical care, and led his platoon in firing back at the enemy. Now, I know that military folks get a lot of training and that there's also instinct involved. However, I don't know for sure that everybody would do what Captain Eisen did. His comments were, I guess that's the way my brain is wired. I just saw people who needed help. And he's a very humble guy. And we're so honored that you're part of our division of fire and emergency services. and we're very happy to let you know, your wife and your son, that we honor you and we support you, and we will honor you and support you if you are deployed again. And we have lots of employees who over the years have deployed. So I just thank you for being here and for your gallantry, and we're so proud to have you with us in government. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. I just wanted to thank everybody for this. It's a great honor just as well as Silver Star. again thank you thank you thank you again I want to shake the hands of the Cub Scouts yes that's it he said I want to shake the hand of these Cub Scouts there you go thanks Shannon thanks so much yeah we want a picture alright let's get up here Thank you. All the options. Man, all the options. That's a order. We're going to make this a couple of things. I'm going to keep the rest. Thank you. Thank you. Thank you. All right. Thank you all again so much. Next on our agenda are ordinances for a second reading. Madam Clerk, when you're ready. Ordinance number one, 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 two. An ordinance amending section 21-52 of the Code of Ordinances abolishing one position of social worker senior grade 113E and amending section 22-52 creating one position of CASA services manager grade 116E and the Division of Youth Services appropriating funds. Madam Clerk, excuse me just a minute. I think Council Member Henson has a... My intention was to I want to make a motion to remove item number one because it is so it can be heard in the planning committee. Second. All right. There's a motion to remove item number one so that it can be heard in the planning committee. And I think that was a function of Tuesday's work. Two weeks. During the last council meeting. Okay. It was tabled until this council meeting, and now I would like to remove it. All right. Is remove right? I mean, we've referred it to committee. Refer it to committee, remove and refer to committee? It's already in committee. I just want to remove it so that it can be heard in committee. Okay. So that's the motion, right? All right. So we have a motion and a motion by Council Member Henson, seconded 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. Okay. Now, I am not sure exactly where I left off on number two, so I really hate to read the whole thing. I suppose I will. Number two, an ordinance amending Section 2152 of the Code of Ordinances abolishing one position of social worker senior grade 113E and amending Section 22-52, creating one position of CASA services manager grade 116E in the Division of Youth Services appropriating funds pursuant to Schedule 42, effective upon passage of council. Number three, an ordinance repealing Ordinance 252-2009, dissolving the show prop Lexington development area in incremental tax special fund and canceling, terminating, or authorizing the mayor or his designee to request the termination of any agreements related to Ordinance No. 252-2009. And No. 4, an ordinance submitting certain of the budgets of the Lexington-Faylor County Government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds. Schedule No. 41. Thank you. Thank you, Madam Clerk. is there a motion to approve? Move approval. Second. Motion by Vice Mayor Gordon. Second by, who is this second? There were a lot of them. 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. Oh, sorry about that. Yep, yep, yep. I see it right here. All right. Madam Clerk, please call the roll. Yes, sir. Mr. Lane. Yes. Ms. Lawless. Yes. Ms. Mazzotti. Yes. Mr. Myers. Yes. Ms. Scutchfield. Yes. Mr. Stennett. Yes, ma'am. Ms. Akers. Yes. Mr. Beard. Mr. Clark. Yes. Mr. Ellinger. Yes. Mr. Farmer. Yes, ma'am. Mr. Ford. Yes. Ms. Gorton. Aye. Ms. Henson. Yes. And Mr. Kay. Yes. Thank you. Thank you, Madam Clerk. The vote reflects passage of the motion. Chris, we're missing the... Maybe it's a problem up here, but we're missing the monitor in front of us. All right, Madam Clerk, when you're ready, please proceed. Mayor. Oh, Mr. Farmer. Mr. Farmer? Thank you, Mayor. I need to take a moment of the Council's time as it relates to item number 6, or number 291-13. This is the zone change that we docketed on Tuesday after I gave some background, and I have made sure that placed in each of your all's boxes was the recommendation from the Planning Commission. It's notes, as it were, that we would all have looked at before the meeting on Tuesday had we had them. And through an internal snafu, when the notes were posted from the planning staff, they came over to the clerk's office, and the clerk went ahead and put them on for our tonight's meeting docket, or put them in the proposed docket on Tuesday for us to vote on. and planning staff had originally thought that the notes would come over to the full council on april the 9th so there was if you review the the minutes there was at least one objector at the the planning commission meeting whom had been in contact with the planning staff wanting to to to be here to ask for a public hearing Well, all this transpired in about 35 minutes before our meeting at 3 o'clock on Tuesday. So we've made contact with that and other constituents, and they are here, in my opinion, to come to the microphone and ask for that or make other commentary because I think that because of an oddity of what I would just refer to as the Legistar system, something that was transmitted over here to come to rest and wait for other parts to catch it was inadvertently what we would refer to as blue-sheeted or docketed, and it cut out the public comment part of this because the public was never notified that this was going to be on for our discussion on Tuesday. So I asked the council's indulgence on Tuesday to place this on the docket to see if folks wanted to come, and I believe, Mayor, we have a couple of constituents and maybe the representation for the petitioner. and I would ask leeway for them to make comment at this time if that would be okay. All right. So Council Member Farmer has requested that we allow for a public comment for those who wish to speak to this issue, which in my view would be appropriate at this time. so anyone who wishes to speak on this issue if you please come up to the podium and give us your name and address and there is a we have a council rule for a three minute comment which we ask you all to please follow So, Council Member Farmer, would you want to share the thoughts? I'm sorry. That's all right. Yes, I'm in a sharing mood, Mayor. We always appreciate that. I think the idea here is constituents who would have been here on this past Tuesday if things worked right, or on April the 9th, would be coming to the microphone now to ask us to make a decision about whether or not to hold our own hearing on this or not. I don't believe they're here to argue necessarily the merits of the case. They may want to draw on some of the tenets of the commentary about why they would want us to have a hearing, but I don't believe we're here to debate the subject matter of the hearing itself, if that helps. And I think the value of that, of course, is for those of you who are speaking to the Council. Did you all understand, Council Member Farmer, the approach that we're encouraging is that you would speak to the merits of the Council hearing the case, and not especially to the merits of the case itself or the issues of the case itself, I guess I should say. All right? All right. Okay, thank you. Please proceed. Good evening, Mayor, Council Members. My name is Karen Caton. I live at 313 Henry Clay Boulevard and have owned that property for 25 years, so I'm a long-term resident of this area. I did have an opportunity to attend the Planning Commission hearing, and I did have an opportunity to be heard there. My comments in full are in the minutes that you received, maybe late last night or today. I hesitate to ask for another hearing, but with the current communication process of 500 feet, it's very difficult to say that only people within 500 feet of a zone change are impacted by that. So we find our neighborhood to be very special, and we really don't want business in the neighborhood. And this is a very first step. It's a big step to me. So I would like to ask for the broader conversation to happen to allow more people in the neighborhood to be here and be heard, maybe on both sides. But it was very difficult for people to get to the Planning Commission, and we were advised this would be April the 9th. And unfortunately, we didn't have enough notice to really get anyone else together. Thank you. Karen, thank you very much. Lee Thomas. Members of Council, I'm Lewis Thomas. Most people know me as Lee. I guess I would, I don't think I'm going to change any minds here, but I think a hearing might be worthwhile. I sent an email to the planning division the morning of the hearing and to three different members, and they failed to get through. But I was also contacted by Karen that a hearing was going to be held on the 8th, and then I received an email saying, oh, it's not the 8th, it is happening now, which was last week. I think this particular case should be important to the neighborhoods around that particular corner. And because of the ramifications of what could happen, the precedent, it could be set. and many people who live in especially the affordable housing that's around that neighborhood maybe don't have as much experience of others who have had such a situation enter the neighborhood and they don't know what a B1 expansion zone could mean as far as creep, zone creep, which we all know has happened all over the city. And that's why I feel a further hearing could educate the citizens of the neighborhoods around that area, especially since most of those houses would fall under the classification of affordable housing. Thank you very much. Thank you, Mr. Thomas. But Mr. Murphy? May I? Council Member Farmer. So if we were hearing this on a Tuesday as we would normally, I think you would just be here in the capacity of asking us either to have or not have a hearing. Would that not be correct? That's right. I was not notified on Tuesday either, but I am representing the property owners, Steve and Kathy Snowden, and we are requesting not to have a hearing on this one. And I can give you the one-minute reason why on that. if I... That's where I think I might be uncomfortable, because I think that we've placed the neighborhood at a disadvantage. And you would only have been here that day. You wouldn't have argued merits of the case. You would only ask for us not to have a hearing. I don't believe you would have been able to give commentary beyond that. And I'm open to others' interpretation on that. Does any other council member, chair, would agree with Councilmember Farmer? Is there anyone who wishes to speak to it? Council Member K. Yeah, I'd be, we have a representative from the planning staff and we have legal counsel here. I'd be more comfortable having a definitive statement about what's permissible and what's not. If that's possible. Sounds like Mr. Selle or, yeah. Bill, are you going to talk? the Council does consider whether or not to schedule a hearing and then does discuss the merits of the proposed application at a hearing if they so schedule. Mr. Horne. It would seem to me that from a fairness standpoint, if you're going to let one side advocate for a hearing, that it would make sense to let the other side perhaps advocate for no hearing, limited to that topic. And what you're saying, Mr. Horne, is to advocate the reason against the reason to oppose having a hearing as well as a reason. So you are encouraging Mr. Murphy to speak to the objection for having a hearing. All right. I'm willing to be persuaded by counsel. Does anyone object? All right. Mr. Murphy. Thank you very much. As I said, I represent the property owners. And all I was going to say, there were some comments made about the notification area. This is one of the zone changes where you have the new expanded 500-foot notification area. 141 people were in that notification area. As far as I know, nobody in that notification area objected. We had two supporters behind, directly behind, and across the street. we had a planning commission recommended approval unanimously there were conditional zoning restrictions imposed on us to restrict the type of uses that can be on this shopping center alright thank you Mr. Murphy alright this allows us to proceed Madam Clerk with the reading of ordinances for the first reading. There will be, let me heads up here, item number 11, there will be an amendment by Council Member Massadi. Would you want her to go ahead and make the motion now, or do you want me to just go ahead and read? No, there's no motion. Okay. Proceed. Read first. Okie dokie. Number five, an ordinance change in the zone from a professional office B1 zone to a highway service business B3 zone for 0.6138 net, 0.9857 gross acres for the property located at 3270 Richmond Road, Kirk and Carol Snyder, Council District 7. Number six, for first reading. An ordinance changing the zone from a single-family residential R1C zone to a neighborhood business B1 zone for 0.309 net, 0.403 gross acres for property located at 708 through 712 Henry Clay Boulevard, Steve and Kathy Snowden, Council District 5. Number 7, an ordinance amending Section 22-52 of the Code of Ordinances abolishing one position of equipment operator part-time, Grade 108 in, and creating one position of equipment operator, Grade 108 in, in the Division of Youth Services effective upon passage of council. Number 8, an ordinance amending certain of the budgets of the Lexington-Faderman County Government to reflect current requirements for funds in the amount of $1,430 from neighborhood development funds and the Division of Traffic Engineering for intersections of Pleasant Ridge, Plaudit, and Winchester-Sir Barton Way and appropriating and reappropriating Fund Schedule No. 44. No. 9, an ordinance creating and establishing for bid a non-exclusive gas franchise for the placement of facilities for the transmission, distribution, and sale of gas for heating and other purposes within the public rights of way for an initial period of five years with up to two renewal periods of five years each in return for payment to the urban county government of the sum of at least 3% of each franchisee's gross annual revenues received from the services provided within Fayette County and the ability to be raised to 5% and further providing for compliance with relevant laws, regulations, and standards of performance bond, indemnification, insurance, access to property, and inspections, reporting, audits, notices of filings with the Public Service Commission, cancellation or termination, penalties for violations, and bid requirements, all effective on date of passage. Number 10, an ordinance creating and establishing for bid a non-exclusive electric franchise and providing for the placement of facilities for the transmission, distribution, and sale of electrical energy within the public's rights for an initial period of five years with up to two renewal periods of five years each. In return for payment to the urban county government of the sum of at least 3% of each franchisee's gross annual revenues received from electric service provided within Fayette County with the ability to be raised to 5% and further providing for compliance with relevant laws, regulations, and standards, a performance bond, indemnification, insurance, access to property, and inspection, reporting, audits, notice of filings with the Public Service Commission, cancellation or termination, penalties for violations, and bid requirements, all effective on date of passage. Thank you, Madam Clerk. Council Member Massadi. Thank you, Mayor. I move to amend Ordinance No. 11 under first readings of ordinances on tonight's docket the budget amendments to add to the list of budget items a budget amendment in the amount of $640,000 for overtime in the Division of Fire and Emergency Services. Second. Motion by Councilor Massadi. Second by Vice Mayor Gordon. Is there any discussion on the motion? Hearing none, then we can take a voice vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. And Madam Clerk, would you give a first read, please? ordinance number 11 for first reading as amended and 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 43 thank you thank you madam clerk Do you want to proceed with Vice Mayor Gordon? Thank you, Mayor. Council, as you know, we're getting ready to go on a slight spring recess, and so with that in mind, I move to suspend the rules to give second reading to items 7, 9, and 10. It's a motion by Vice Mayor Gordon. Is there a second? 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 of the motion, please indicate by saying aye. Aye. Opposed, no. Motion carries. Madam Clerk, if you'll please give a second read. Number seven for second reading. an ordinance amending Section 22-52 of the Code of Ordinances abolishing one position of equipment operator part-time, Grade 108 N, and creating one position of equipment operator, Grade 108 N, in the Division of Youth Services, effective upon passage of counsel. Number 9, for second reading, an ordinance creating and establishing forbid a non-exclusive gas franchise for the placement of facilities for the transmission, distribution, and sale of gas for heating and other purposes within the public rights of way for an initial period of five years with up to two renewal periods of five years each. In return for payment to the urban county government of the sum of at least 3% of each franchisee's gross annual revenues received from the services provided within Fayette County, with the ability to be raised to 5% and further providing for compliance with relevant laws, regulations, standards, a performance bond, indemnification, insurance, access to property and inspections, reporting, audits, notice of filings with the Public Service Commission, cancellation or termination, penalties for violations, and bid requirements, all effective on date of passage. And number 10 for second reading. In ordinance creating and establishing for bid a non-exclusive electric franchise and providing for the placement of facilities for the transmission, distribution, and sale of electrical energy within the public rights of way for an initial period of five years with up to two renewal periods of five years each in return for payment to the urban county government for the sum of at least 3% of each franchisee's gross annual revenues received from electric service provided within Fayette County, with the ability to be raised to 5%, and further providing for compliance with relevant laws, regulations, and standards, a performance bond, indemnification insurance, access to property and inspections, reporting audits, notice of filings with the Public Service Commission, cancellation or termination, penalties for violations, and bid requirements, all effective on date of passage. Thank you. Thank you, Madam Clerk. Is there a motion? Motion to approve. Motion to approve by Council Member Ellinger, second by Council Member Myers. Is there any discussion on the motion? Hearing none, then I'll ask the Clerk to please call the roll. Mr. Lane? Yes on all, except for no on nine. No on nine. I will reflect that in the record, please. Ms. Lawless? Yes. Ms. Mazzotti? Yes. Mr. Myers? Yes. Ms. Scutchfield? Yes. Mr. Stennett? Yes, ma'am. Ms. Akers? Yes on all. Thank you. Mr. Beard? Aye. Mr. Clark? Yes. Mr. Ellinger? Yes. Mr. Farmer? Yes on all. Mr. Ford? Yes. Ms. Gorton? Aye. Ms. Henson? Yes. And Mr. Kay? Yes. Thank you. Thank you, Madam Clerk. The vote reflects passage of the motion, with the exceptions noted. All right. Susan, whenever you're ready, we can proceed with the second reading of resolutions. Resolution number one, a resolution accepting the bid of bluegrass fire equipment, establishing a price contract for a fire hose for the Division of Fire and Emergency Services. Number two, a resolution accepting the bid of Texas A&M Engineering Extension Service, TEEX, in the amount of $40,500 for advanced ordinance recognition training for the Division of Police. Number three, a resolution accepting the bid of Riddell Boiler Service, LLC, in the amount of $17,418.54 for a boiler tube replacement and repair for the Division of Community Corrections. Number four, a resolution accepting the bid of Red River Cattle Company, establishing a price contract for mowing at Haley Pike Landfill for the Division of Waste Management. Number five, a resolution accepting the bid of DTC, Computer Supplies, establishing a price contract for media storage tape cartridges for the Division of Police. Number 6. Bill of Stiefel, Information Systems Services, System Service Level, Manager, Grade 121E, in the Division of Enterprise Solutions, effective March 4, 2013, in Jennifer Bailey, HCM, Manager, Grade 119E, in the Division of Enterprise Solutions, effective November 25, 2012, ratifying the probationary ace for an appointment of Sharon Ison, and the Fire Lieutenant, Grade 315N, 17.740, hourly in the Division of Fire and Emergency Services, effective February 14, 2013. ratifying the permanent sworn appointments of David Richardson, Police Sergeant, Grade 315 N, and the Division of Police, effective March 3, 2013, and Bradley Williams, Police Sergeant, Grade 315 N, and the Division of Police, effective March 3, 2013. Number seven, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute professional services agreements with Victoria Nash, Carrie Barnett, Susan Noel, Bridget Holloran, Rosemary Daly, Angela Wallace, and Susanna Moberly as sexual assault nurse examiners to provide oncolic forensic examinations under the sexual assault nurse examiner program at a cost not to exceed $40 for each scheduled oncol period, $230 for each completed forensic examination, $50 per case for a professional testimony in court, and the reasonable cost of medical liability insurance. Number eight, a resolution authorizing and directing the mayor on behalf of the Irvine County Government to execute a service agreement with Risk Management Services Company for automobile and property damage claims, adjusting including subrogation at a cost not to exceed $23,000 for FY 2013. Number 9, a resolution adopting the hazard mitigation plan for Lexington-Fayette County, Kentucky. Number 10, a resolution adopting the emergency operations plan for Lexington-Fayette County, Kentucky. Number 11, a resolution authorizing the mayor on behalf of the Urban County Government to execute addendum number one to the license application order form and agreement with Rave Wireless Incorporated to provide smart prepare software training and implementation services related to a 911 self-registration portal at an additional cost not to exceed $25,000. Number 12, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an agreement with Lifespan Design Studio for evaluation of two additional sites for a new Lexington Senior Center at a cost not to exceed $9,425. Number 13, a resolution amending Resolution No. 288-2011 to approve the granting of an inducement to Tempur-Pedic International Incorporated and its affiliates. And that's it. Thank you, Madam Clerk. Is there a motion to approve second reading resolutions? Second reading. Motion approved by Council Member Stennett, second by Council Member Myers. Is there any discussion on the motion? All right. Hearing none, then I'll ask the clerk to please call the roll. See you guys. See y'all. Mr. Lane? Yes. Ms. Lawless? Yes. Ms. Mazzotti? Yes, and all that 12. Mr. Myers? Yes. Ms. Scutchfield? Yes. Mr. Stennett? Yes. Ms. Akers? Yes. Mr. Beard? Aye. Mr. Clark? Yes. Mr. Ellinger? Yes. Mr. Farmer? Yes. Mr. Ford? Yes. Ms. Gorton? Aye. Ms. Henson? Yes. And Mr. Kay? Yes. Thank you. Thank you, Madam Clerk. The vote reflects passage of the motion, which allows us to move on to the first reading resolution. You're with me on that one. Thank you. Mark Sprinkler, incorporated in the amount of $65,500 for a fire suppression system upgrade for Phoenix Building for the Department of General Services and authorizing the mayor on behalf of the Urban County Government to execute an agreement with Landmark Sprinkler Incorporated related to the bid. Number 16, a resolution accepting the bid of Howell Contractors, incorporated in the amount of $4,228,435 for the Wolf Run Pump Station Relocation Contract B Interceptor and Force Main for the Division of Water Quality and authorizing the mayor on behalf of the Urban County Government to execute an agreement with Howell Contractors Incorporated related to the bid. Number 17, a resolution accepting the bids of Rio Grande Fence Incorporated, Herb Geddes Fence Company Incorporated, S&T Fencing Incorporated, and Myers Fence LLC establishing price contracts for fencing for the Division of Parks and Recreation. Number 18, a resolution accepting the bids of all Recreation Incorporated, American Safety Surface and Recreation Company, Bluegrass Recreational Products, Inc., Countryside Play Structures, LLC, Kids' Zone Play Systems, Mid-America, LLC, Kids' Zone Play Systems, Inc., also known as Earthscapes, Landscape Forms, Inc., Lanier Plans, Inc., Doing Business as Cork Hat, Miracle Recreation of Kentucky and Tennessee, Play and Park Structures, BCI, Burke Company, LLC, Doing Business as Playscape, Design Group, Recreation Insights, LLC, and David Williams and Associates, Inc. Incorporated the establishing price contracts for outdoor playground equipment for the Division of Parks and Recreation. Number 19. A resolution authorizing the Division of Human Resources to make a conditional offer to the following probationary civil service appointments. Kendall Searcy, Equipment Operator Senior, Grade 109 N, 12.709 hourly. And the Division of Waste Management, effective upon passage of counsel. Alan Kearns, Public Service Worker, Senior, Grade 107 and 11.613, hourly in the Division of Streets and Roads, effective upon passage of counsel, authorizing the Division of Human Resources to make a conditional offer to the following probationary sworn appointments. Penn Edwards, Kelliette Harris, Nicholas Stump, Jeremy Miller, Mark Birchfield, Barrett Dorner, Matthew Popp, Craig Quarles, Robert Bruin, Zachary Main, Joshua Kaler, Jason Moore, Sarah McGill, Kurt Thomas, Wiley Adams, Aaron Watts, Brian Rose, Michael Rath, Mason Howard, William Spaulding, Nathan Thayer, Zach Frankenberger, Bruce Lester, Adam Grache, Christopher O'Keefe, Paul Grillett, Robert Wagner, Brian Stamper, Tram, Rogers, Brandon Griffith, Justin Villanova, Javier Alvarez, Kenneth Howell, Joshua Tucker, Philip Salley, Nicholas Robbins, Peter Ackerman, Andrew White, Joshua Bales, Andrew Stammer, Michael Garrett, Stephen Martin, Joshua Day, Zachary Eskew, Tyler Marshall, Ralph Croyle, Brandon Barker, Colby Rilke, Andrew Thompson, Holly Buckenroth, Charles Seaman, Matthew Brown, Kenneth Adkins, Corey Thomas, Jordan Osborne, Daniel Hall, Evan Elkler, Adam Griggs, Jared McCargo, Richard Gerson, Christopher Milliser, James Flynn, Brandon Ledford, Patrick Sumner, Nathan Moses, Andrew Banks, Spencer Elbert, Avery Johnson, Dustin Music, Philip Kidwell, Jared McGuffey, Firefighter, Grade 310N, 14.420, Hourly, in the Division of Fire and Emergency Services, effective upon passage of counsel. Number 20. and Fleet Management, effective March 3, 2013, ratifying the approved council lead for Terrigentree Staff Assistant Senior Grade 108 in the Division of Building Inspection, 90-day council lead, effective March 6, 2013, and amending resolution number 104, 2013. To read this follows William O'Mara, Commissioner of Finance, Grade 211E, 442308, biweekly in the Department of Finance, effective March 7, 2013. Number 21, a resolution approving the extension of the unit price contract with AT as construction for asphalt resurfacing until July 10, 2014 for the Division of Streets and Roads. Number 22 A resolution authorizing and directing the mayor on behalf of the urban county government to accept a grant from the plant for the planet matching grant program with which grant funds are in the amount of $4,000 for a tree removal and replacement programs at 1201 Manowar Boulevard the acceptance of which obligates the urban county government for the expenditure of $4,000 as a local match and authorizing the mayor to transfer unencumbered funds within the grant budget Number 23, a resolution authorizing and directing the mayor on behalf of the urban county government to execute an ingress and egress easement granting Kentucky American Water Company a permanent easement across the property located at 3316 Buckhorn Drive for Kentucky American to access its Jacobson pumping station. Twenty-four, a resolution authorizing the mayor on behalf of the urban county government to accept a donation from Citizens Police Academy Alumni Association of a Med Return Drug Collection Box for use at the Division of Police at no cost to the urban county government. 25, a resolution authorizing the mayor on behalf of the Urban County Government to execute an agreement with CHIP's rewards to comply with the requirements of the Health Insurance Portability and Accountability Act of 1996, HIPAA, effective upon passage of council. 26, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a catering contract with the Hyatt Regency Lexington for catering services for the senior intern luncheon, at a cost not to exceed $5,500. Twenty-seven. Lex Kentucky, Inc., $425, Young Marines, Captain Reginald Underwood, $700, and Chrysalis House, Inc., $800 for the office of the Urban County Council at a cost not to exceed the sums stated. 28, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an agreement with Cintas Document Management for Document Trading Services for the Division of Community Corrections at a cost not to exceed $729.50. 28, a resolution authorizing the mayor on behalf of the urban county government to execute a renewal maintenance agreement with Routeware Incorporated for support of the routing project for the Division of Waste Management at a cost not to exceed $488,268. Number 30, a resolution authorizing and directing the mayor on behalf of the urban county government to execute an agreement with the University of Kentucky for space in the University of Kentucky hospital emergency room for use as a clinical practice area for the sexual assault term treatment program at a cost not to exceed $3,000. 31, a resolution authorizing and directing the mayor on behalf of the urban county government to execute and submit a grant application to the Kentucky Justice and Public Safety Cabinet to provide any additional information requested in connection with this grant application and to accept this grant if the application is approved. Which grant funds are in the amount of $125,000 Commonwealth of Kentucky funds from the Law Enforcement Service Fee Program? Are for support of the cost of police overtime hours for a traffic alcohol patrol, the acceptance of which does not obligate the urban county government for the expenditure of funds and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 32. for unencumbered funds within the grant budget. Number 33, a resolution authorizing the mayor on behalf of the urban county government to execute supplemental agreement. Number 5, with the Kentucky Transportation Cabinet for the acceptance of additional federal funds for the Clay's Mill Road Improvements Project in the amount of $620,000, the acceptance of which does not obligate the urban county government for the expenditure of funds. 34, a resolution authorizing and directing the mayor on behalf of the urban county government to execute and submit a grant application to the Kentucky Energy and Environment Cabinet to provide any additional information requested in connection with this grant application and to accept this grant if the application is approved, which grant funds are in the amount of $24,918. Commonwealth of Kentucky funds under the Kentucky Recycling Grant Program and are for the purchase of 12 dumpsters to be placed at schools that produce large quantities of recyclable, co-mingled material and three roll-off containers to be placed in public areas that do not have recycling services available, and the acceptance of which obligates the Lexington Fayette Irving County Government for the expenditure of $7,587 as a local match and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 35, a resolution authorizing and directing the mayor on behalf of the Irving County Government to execute and submit a grant application to the U.S. Department of Justice and to provide any additional information requested in connection with this grant application, which grant funds are in the amount of $300,000 federal funds and are for a violent gang and gun crime reduction Project Safe Neighborhoods program. Thirty-six. A resolution authorizing and directing the mayor on behalf of the urban county government to execute and submit a grant application to the U.S. Department of Justice Office on Violence Against Women and to provide any additional information requested in connection with this grant application, in which grant funds are in the amount of $300,000 federal funds from the grants to encourage arrest policies and enforcement of protection orders program and are for continuation of a project designed to hold offenders and domestic violence accountable for their actions through investigation, arrest, and prosecution. And authorizing and directing the mayor on behalf of the Urban County Government to execute a memorandum of understanding with all community partners of the project for comprehensive participation required for the project and the grant application. Number 37, a resolution authorizing and directing the mayor on behalf of the urban county government to execute and submit a grant application to the U.S. Department of Justice Office on Violence Against Women and to provide any additional information requested in connection with this grant application, which grant funds are in the amount of $650,000 federal funds and are for continuation of the Safe Havens Project, and authorizing and directing the mayor on behalf of the urban county government to execute a memorandum of understanding with all other service agencies participating in the project. Number 38, a resolution authorizing the Mayor and Commissioner of Finance on behalf of the Lexington-Fayette-Urban County Government and Department of Finance to execute a master development agreement with the Lexington Trotter Breeders Association Incorporated for the development of the Red Mile Development Area TIF project. 39. A resolution authorizing the Mayor on behalf of the Urban County Government to execute agreements with Lansdowne Elementary School PTA Incorporated, $600, and the Northside Neighborhood Association, $750 for the Office of the Urban County Council at a cost not to exceed the sums stated. And number 40. Council approval, execution of easement releases and encroachment agreements, execution of equipment maintenance contracts for which Council has appropriated funds, extension of existing grant agreements previously approved by Council which do not involve any additional appropriation of revenue, execution of closing statements for deed and easement acquisitions for which Council has budgeted funds, executing and submitting grant applications except as required in acceptance of donation of goods or services that do not require a budget amendment, providing that the Urban County Council shall review and discuss the items listed under the legislative review and take appropriate action, providing that if no procedural action is taken, the Mayor shall have the authority to execute the documents listed under the legislative review, and providing that a list of all executed documents shall appear in the communications from the Mayor on the Council docket and shall be logged using the legislative management system. Thank you, Madam Clerk. Are there any motions for walk-ons? Council Member Massadi. Thank you, Mayor. I move to place on tonight's docket a resolution accepting the bid of Chester Pool Systems, Inc. in the amount of $31,730 for the Shiltoe Aquatic Facility Leak Repair for the Division of Parks and Recreation. Second. Council by motion by Council Member Massadi, seconded by Council Member Lawless. 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. Are there any other walk-ons? All right. Then we can move on to any motions regarding second reads. Are there any motions from Council Members regarding second reads? Vice Mayor Gordon. And Council, actually. I'm going to do more. Thank you, Mayor. At the request of administration, I'd like to give second reading to number 16, please. All right, we'll just go through that one then. Motion by Council Member Henson. Is there a second by Council Member Ellinger on number 16? Is there any discussion on the motion? All right. All right. Is there any discussion on the motion? All right, hearing none, we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Vice Mayor Gordon. Thank you, Mayor. because we are going on break. I move to give second reading to numbers 14 and 15, numbers 17 through 39. 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. What about 41? He says there's a question in there. Council Member Scotchfield. I apologize. I forget the microphone every time. I had to thank you, Mayor Gray. I had some questions about 17 and 18. All right. That's 17 and 18. that would be uh 17 and 18 are both related to parks uh is someone here that can speak to the council member scutchfield what is the questions a lot of the other resolutions include the um cost and locations i just i'd like to have information on how much money is being spent and where it's being spent okay mr slayton todd thank you these are uh price contract bids so we don't have it's not like a fixed bid where we have a project identified we enter into price contracts with um with these companies and then depending on what budget's available we may buy more or less of the items. Fencing and parks equipment is the other item. So it's not like a fixed project. Okay, so there's no particular places that these are being done? No, not yet. Thank you, Council Member Scotchfield. Any other Council members wish to speak to the motion? Alright. In hearing none, we can take a vote. All in favor please say aye. Aye. Opposed, no. Motion carries. We need to also go back to, Madam Clerk, go back to number 41 and get a second. Yes. First read on number 41. Right. First syllable, second letter. First reading of number 41. a resolution accepting the bid of Chester Pool Systems Incorporated and the amount of $31,730 for the Shillitoe Aquatic Facility leak repair for the Division of Parks and Recreation. Thank you. Thank you, Madam Clerk. Council Member Massadi. And I'd like a second on that, please. Motion by Council Member Massadi, second by Vice Mayor Gordon, for second read on number 41. Is there any discussion on that motion? All right. Hearing none, then we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. All right. Now, Madam Clerk, when you're ready. Yes, sir. Second reading of number 14, a resolution accepting the bid of cowl-croth roofing and sheet metal and the amount of $55,989 roof repairs for Senior Citizen Center for the Department of General Services and authorizing the mayor on behalf of the urban county government to execute an agreement with calc roofing and sheet metal related to the bid. Number 15, a resolution accepting the bid of landmarks sprinkler incorporated in the amount of $65,500 for fire suppression system upgrade for Phoenix building for the Department of General Services and authorizing the mayor on behalf of the urban county government to execute an agreement with the landmarks sprinkler incorporated related to the bid. Number 16, a resolution accepting the bid of Howell Contractors Incorporated in the amount of $4,228,435 for the Wolf Run Pump Station Relocation Contract B Interceptor in Force Main for the Division of Water Quality and authorizing the mayor on behalf of the urban county government to execute an agreement with Howell Contractors Incorporated related to the bid. a resolution accepting the bids of Rio Grande Fence Incorporated, Herb Getty's Fence Company Incorporated, S&T Fencing Incorporated, and Myers Fence, LLC, establishing price contracts for fencing for the Division of Parks and Recreation. Number 18, a resolution accepting the bids of all Recreation Incorporated, American Safety Surface and Recreation Company, Bluegrass Recreational Products Incorporated, Incorporated Countryside Play Structures, LLC. Kids Zone Play Systems, Mid-America, LLC. Kids Zone Play Systems, Inc. Also known as Earthscapes. Landscape Forms, Inc. Lanier Plans, Inc. Doing Business as Core Cat. Miracle Recreation of Kentucky and Tennessee. Play and Park Structures, BCI. Bark Company, LLC. Doing Business as Playscape Design Group. Recreation Insights, LLC. And David Williams & Associates, Inc. establishing price contracts for outdoor playground equipment for the Division of Parks and Recreation. Number 19, a resolution authorizing the Division of Human Resources to make a conditional offer to the following probationary civil service appointments. Kendall Searcy, Equipment Operator Senior, Grade 109N, 12.709 Hourly, and the Division of Waste Management, Effective Upon Passage of Counsel, Alan Kearns, Public Service Worker Senior, Grade 107N, 11.613, the Division of Streets and Roads Effective Upon Passage of Council, authorizing the Division of Human Resources to make a conditional offer to the following probationary sworn appointments. Penn Edward, Kelly Harris, Nicholas Sump, Jeremy Wheeler, Mark Birchfield, Barrett Dorner, Matthew Popp, Craig Quarles, Robert Bruin, Zachary Main, Joshua Kaler, Jason Moore, Sarah McGill, Kurt Thomas, Wally Adams, Aaron Watts, Brian Rose, Michael Rath, Mason Herard, William Spalding, Nathan Thayer, Zach Frankenberger, Bruce Lester, Adam Grash, Christopher O'Keefe, Paul Grillett, Robert Wagner, Brian Stamper, Tram Rogers, Brandon Griffith, Justin Villanueva, Javier Alvarez, Kenneth Howell, Joshua Tucker, Philip Sully, Nicholas Robbins, Peter Ackerman, Andrew White, Joshua Bales, Andrew Stamer, Michael Garrett, Stephen Martin, Joshua Day, Zachary Eskew, Tyler Marshall, Ralph Croyle, Brandon Barker, Colby Reich, Andrew Thompson, Holly Buckenroth, Charles Seaman, Matthew Brown, Kenneth Adkins, Corey Thomas, Jordan Osborne, Daniel Hall, Evan Eckler, Adam Griggs, Number 20. A resolution ratifying the probationary civil service appointments of Gerald Slayton, Director Purchasing, Grade 121E, 2009-67-52, in the Division of Central Purchasing, effective March 4, 2013. Jeannie Humpston, Administrative Specialist, Grade 110N, 19.782 hourly in the Division of Building Inspection, effective March 11, 2013, ratifying the permanent civil service appointment of Jimmy Ross, Public Service Supervisor, Grade 111N, in the Division of Facility and Fleet Management, effective March 3, 2013. ratifying the approved council leave for Tara Gentry, staff assistant senior, grade 108, in the Division of Building Inspection, 90-day council leave, effective March 6, 2013, and amending resolution number 104, 2013, to read as follows. William Romero, Commissioner Finance, grade 211E, 4420, 308, biweekly in the Department of Finance, effective March 7, 2013. Number 21, a resolution approving the extension of the unit price contract with ATS construction for asphalt resurfacing until July 2, 2014 for the Division of Streets and Roads. Number 22, a resolution authorizing and directing the mayor on behalf of the Irvin County Government to accept a grant for the Planet Matching Grant Program, which grant funds are in the amount of $4,000 or for a tree removal and replacement program at 1201 Manowar Boulevard, the acceptance of which obligates the urban county government for the expenditure of $4,000 as a local match, and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 23, a resolution authorizing and directing the mayor on behalf of the urban county government to execute an ingress and egress easement granting Kentucky American Water Company a permanent easement across the property located at 3316 Buckhorn Drive for Kentucky American to access its Jacobson pumping station. Number 24, a resolution authorizing the mayor on behalf of the urban county government to accept a donation from the Citizens Police Academy Alumni Association of a med return drug collection box for use at the Division of Police at no cost to the urban county government. Number 25, a resolution authorizing the mayor on behalf of the urban county government to execute an agreement with CHIP's rewards to comply with the requirements of the Health Insurance Portability and Accountability Act of 1996 effective upon passage of counsel. 26, a resolution authorizing and directing the mayor on behalf of the urban county government to execute a catering contract with the Hyatt Regency Lexington for catering services for the senior intern luncheon at a cost not to exceed $5,500. 27. A resolution authorizing the mayor on behalf of the Urban County Government to execute agreements with Friends of Skate Parks. $800. Food chain, $2,205. Southern Heights Neighborhood Association, $600. Forest Ridge Maintenance Association, Incorporated, $250. Pinnacle Homeowners Association, Incorporated, $350. Lansdowne Neighborhood Association, $1,150. Foster Care Council of Lex, Kentucky, Incorporated, $425. Young Marines Captain Reginald Underwood, $700. And Chrysalis House Incorporated, $800 for the Office of the Urban County Council at a cost not to exceed the sums stated. Number 28. A resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an agreement with CentOS Document Management for Document Shredding Services for the Division of Community Corrections at a cost not to exceed $729.50 for FY2013. 29, a resolution authorizing the mayor on behalf of the Urban County Government to execute a renewal maintenance agreement with Routeware Incorporated for support of the routing project for the Division of Waste Management at a cost not to exceed $488,268. Number 30, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an agreement with the University of Kentucky for Space at the University of Kentucky Hospital Emergency Room for use as a clinical practice area for the sexual assault treatment program at a cost not to exceed $3,000. Number 31, a resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute and submit a grant application to the Kentucky Justice and Public Safety Cabinet to provide any additional information requested in connection with this grant application and to accept this grant if the application is approved, which grant funds are in the amount of $125,000 Commonwealth of Kentucky funds. from the Law Enforcement Service Fee Program, offers support of the cost of police overtime hours for a traffic alcohol patrol, the acceptance of which does not obligate the Irvin County Government for the expenditure of funds and authorizing the Mayor to transfer and encourage funds within the grant budget. Number 32, a resolution authorizing and directing the Mayor on behalf of the Irvin County Government to execute and submit a grant application to the Kentucky Justice and Public Safety Cabinet to provide any additional information requested in connection with this grant application and to accept this grant if the application is approved, which grant funds are in the amount of $75,000 federal funds and are for continuation of the street sales drug enforcement project, the acceptance of which obligates the Irvin County Government for the expenditure of $25,000 as a local match and authorizing the mayor to transfer and encumbered funds within the grant budget. Number 33, a resolution authorizing the mayor on behalf of the Irvin County Government to execute supplemental agreement number 5 with the Kentucky Transportation Cabinet for the acceptance of additional federal funds for the Clay's Mill Road Improvements Project in the amount of $620,000. the acceptance of which does not obligate the urban county government for the expenditure of funds. Number 34, a resolution authorizing and directing the mayor on behalf of the urban county government to execute and submit a grant application to the Kentucky Energy and Environment Cabinet to provide any additional information requested in connection with this grant application and to accept this grant if the application is approved, which grant funds are in the amount of $24,918 Commonwealth of Kentucky funds under the Kentucky Recycling Grant Program are for the purchase of 12 dumpsters to be placed at schools that produce large quantities of recyclable coal-mingled material and three roll-off containers to be placed in public areas that do not have recycling services available and the acceptance of which obligates the Lexington-Payette-Irvin County Government to the expenditure of $7,587 as a local match and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 35, a resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute and submit a grant application to the U.S. Department of Justice and to provide any additional information requested in connection with this grant application, which grant funds are in the amount of $300,000 federal funds and are for the Violent Gang and Gun Crime Reduction Project Safe Neighborhoods Program. Number 36, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute and submit a grant application to the U.S. Department of Justice Office on Violence Against Women and to provide any additional information requested in connection with this grant application, which grant funds are in the amount of $300,000 federal funds from the grants to encourage arrest policies and enforcement of protection orders program and are for continuation of a project designed to hold offenders of domestic violence accountable for their actions through investigation, arrest, and prosecution and authorizing them directing the mayor on behalf of the urban county government to execute a memorandum of understanding with all community partners of the project for comprehensible participation required for the project and the grant application. Number 37. A resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute and submit a grant application to the U.S. Department of Justice Office on Violence Against Women and to provide any additional information requested in connection with this grant application, which grant funds are in the amount of $650,000 federal funds and are for continuation of the Safe Havens Project. And authorizing and directing the mayor on behalf of the Irvin County Government to execute a memorandum of understanding with all other service agencies participating in the project. Thirty-eight, a resolution authorizing the Mayor and the Commissioner of Finance on behalf of the Lexington-Fayette Urban County Government and Department of Finance to execute a master development agreement with the Lexington Flat Breeders Association, Inc., for the development of the Red Mile Development Area TIF project. Thirty-nine, a resolution authorizing the Mayor on behalf of the Urban County Government to execute agreements with Lansdowne Elementary School, PTA, Inc., $600, and Northside Neighborhood Association, $750. for the Office of the Urban County Council at a cost not to exceed the sums stated. Number 40. I didn't include it. Oh, excuse me. Good catch. Number 41. Thank you. A resolution accepting the bid of Chester Pool Systems Incorporated in the amount of $31,730 for the Silito Aquatic Facility Lake Repair for the Division of Parks and Recreation. Thank you. All right. Thank you, Madam Clerk. You're not going to like this, but Vice Mayor Gorton, we've got a little bit of an error in a number. So, Vice Mayor. Well, on number 27, which you've already given second reading, the number for food chain instead of 2205 should be 2025. so I don't know if you want me to move to amend it and give it a new first reading. Okay, I move to amend it and give it a new first reading. Thank you, Vice Mayor. Motion to amend by Vice Mayor Gordon, second by Council Member Ellinger. 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. Madam Clerk, if your voice can manage it, give us a first read. It can manage it very well when it is a little bit quieter in here, and I do appreciate that. Resolution number 27, as amended. and a resolution authorizing the mayor on behalf of the urban county government to execute agreements with Friends of Skate Parks, $800, food chain, $2,025, Southern Heights Neighborhood Association, $600, Forest Ridge Maintenance Association, Inc., $250, Pinnacle Homeowners Association, Inc., $350, Lansdowne Neighborhood Association $1,150. Forest Care Council of Lex, Kentucky, Incorporated $425. Young Marines, Captain Reginald Underwood, $700. And Chrysalis House, Incorporated $800 for the office of the Urban County Council at a cost not to exceed the sums stated. Thank you, Madam Clerk. And I need to ask Vice Mayor Gordon for a motion. I move to suspend the rules and give number 27 a second reading. Excuse me. Motion by Vice Mayor Gordon, second by Council Member Kaye. Is there any discussion on the motion? All right. All in favor, please indicate by saying aye. Aye. Opposed, no. Motion carries. Madam Clerk. Resolution of 27 for second reading. If I can get it up on the screen here. This computer's running slower than I am tonight. A resolution authorizing the mayor on behalf of the urban county government to execute agreements with friends for skate parks, $800 food chain, $2,025. Southern Heights Neighborhood Association $600. Forest Ridge Maintenance Association, Inc. $250. Pinnacle Homeowners Association, Inc. $350. Lansdowne Neighborhood Association $1,150. Foster Council of Lex, Kentucky, Inc. $425. Young Marines, Captain Reginald Underwood $700. And Chrysalis House, Inc. $800 for the Office of the Urban County Council at a cost not to exceed the sums stated. All right. Thank you, Madam Clerk. Now we take a motion on all of them, right? Move approval. Motion by Vice Mayor Gordon to approve, second by Council Member Ellinger. Is there any discussion on the motion? Council Member Lawless, do you wish to speak to this motion? Yes, sir. All right. All right. And if hearing none, then I'll ask the clerk to please call the roll. Mr. Lane? Yes. Ms. Lawless? Yes. Ms. Mazzotti? Yes. Mr. Myers? Yes. Ms. Scutchfield? Yes. Mr. Stennett? Yes. Ms. Akers? Yes. Mr. Beard? Aye. Mr. Clark? Yes. Mr. Ellinger? Yes. Mr. Farmer? Mr. Ford? Yes. Ms. Gorton? Aye. And Ms. Henson? Yes. And Mr. Kay? Yes. Thank you. Thank you, Madam Clerk. The vote reflects passage on the motion. All right. This allows us to move to communications from the mayor. Move to approve. Motion by Council Member Ellinger to approve. Second by Council Member Beard. Thank you. 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. Thank you. Next is for information only, requiring no action. And now we can move to announcements. The floor is available to the Council for announcements. Does anyone wish to make an announcement? All right. All right. Council Member Lawless. Yes, I just wanted to remind people that this is our last council meeting until April for a couple weeks. We're on council break. And also, I believe on the 26th, the city is providing free shredding to households, and I'll send that out. But just be aware that council is on break, but I'm sure everybody will be in and out and around. So thank you. Thank you. Council Member Lawless. Council Member Lane. Thank you, Mayor. I provided the council members today with a resolution requesting retention of an independent third-party consultant to examine the Division of Fire and Emergency Services. And I just wanted to make a little comment on that. I'm not putting this on tonight as a motion or anything. You know, I have consistently supported public safety, and I'm actually supporting eliminating the brownouts by providing additional funding for that. During my first term on the council in 2005, I proposed an independent third-party evaluation of the fire department's real estate assets in relation to the operational and service needs and the response times to our community. And that was over eight years ago. Some of the stations that we operate in Lexington are over 100 years old. And to my knowledge, there have been no fire stations closed or relocated in Fayette County since we have had the merged government in effect. There are 23 fire stations, of which seven are operating fire stations. One is used for storage. The cost annually to operate fire and emergency services, based on the 2012 fiscal year financial report, was $71.9 million. That is approximately 23.8% of our total budget in the general fund, and it's an average cost of over $3 million for each fire station. So I wanted to let the council know that I think that spending this much money would be prudent to have an independent third-party study made of the fire department to look at how we're operating and prepared the best practices in the fire safety arena. I think we have a very good fire department, so I'm not trying to be critical of the fire department, but when we're spending as much money as we are and we have not relocated any fire stations since the Irvin County government's been formed and some of the fire stations we're operating are over 100 years old, it seems that it would be appropriate to spend a couple hundred thousand dollars in order to evaluate our operations. So I'll be submitting some additional information to Council for consideration, but I wanted to bring it up before the break, and we'll try to have some information after it's over. Thank you very much. Thank you, Council Member Lane. Vice Mayor Gordon. Thank you. Council Member Lane, I just wanted to ask, you said you distributed that to Council members. How did you distribute it? The distribution came out of the legal department by email. To council members? Yes, ma'am. Okay. Thank you. Most council members haven't seen it. I was just curious. Thank you. Appreciate those remarks, Councilman Lane. I do see Battalion Chief Hoskins here, Commissioner Mason here, And I see Captain Drew Short and firefighter Chris Bartley. So, you know, I think we all appreciate the spirit of continuous improvement. I know that our chief, who has been officially in the capacity just for a short period of time, is always aware of and encouraging just the spirit that you described in terms of improvement, in terms of discipline and efficiencies. In fact, the command staff has begun reviewing the needs and coverage, and it's my understanding that the ISO insurance survey should give us a good third-party analysis on coverage. And so continuing to encourage improved service delivery as we're transitioning into higher staffing levels and growing in population is, of course, an opportunity always. So we thank you for that. Council Member Henson. Thank you, Mayor. Council Member Lane, I guess, you know, to the average person, you look at this and you think it's pretty outrageous. But I guess I would like to see a comparison because I feel like with the new administration, the new leadership at the fire department, I believe the costs have decreased considerably. and we were well understaffed in the fire department and bringing on the new recruits may have run up the cost as compared to in the past years. But I would just be curious to see what the cost had been. And I guess when you look at the $3.1 million for the cost per fire station, Does that include training, everything, all overhead, everything is included per station, apparatuses, maintenance? Sorry if I respond to that, Mayor. Yes, it does. And the number there is not to infer that that's too expensive. I'm not saying that's too much money. I'm just saying that's what it costs us. And I think to be aware of that, but I'm not inferring that it's too much money. Okay. That's not what the intent. The point here is if you're spending over $70 million a year, and we have not relocated any fire stations since we've been in operation as an urban county government, some of the fire stations are over 100 years old, it appears to me that there would be opportunities to improve the location of our services, to increase response times, maybe to lower the ISO rates, and to create additional efficiencies in the fire department. That's all I'm asking is that we look at it. And, you know, we may come up with some ideas that will save somebody's life to increase our response times to make the working conditions for our firefighters safer and more productive. So, I mean, there could be many benefits from this, but this is not necessarily meant to be a negative thought. this is a positive way to improve what we're doing and make it better. Thank you, Council Member Lane. Let me make an observation, if I may, that we're having this conversation, but we have no motion. And really, I think what I understood Council Member Lane to say was that he wanted to offer this for the Council to consider. Yes, sir. We don't have a motion. Because we're going on break and we're bringing up a motion on overtimes coming up and adding new firefighters and all that, I felt like this was just an appropriate time to consider this idea of not bringing it as a motion, but I may bring it on as a motion. So when you introduce it again as a motion, then the conversation or the discussion would be appropriate? Yes, sir. Is that fair for council members? All right. All right. All right. Any other Councilmembers wish to speak to or have an announcement or wish to speak? Councilmember Ford. Thank you, Mayor. Mayor, I look forward to taking a few days off as we leave this chamber and come back, I think, on April 9th to the budget address and look forward to going through that process. We'll need to time off as we prepare for that hard work. Speaking to fire department issues, I just wanted to publicly applaud the council and the administration for the effort to address brownouts, and I want to personally thank my colleague, Council Member Mossadi, for your leadership in guiding the council and the administration and the fire department to this achievement. And I just want to wish the fire department well as they bring on these recruits so we can come to a long-term strategy based on what we started. Thank you so much, Mayor. I'll see everybody when we get back. Thank you, Council Member Ford. Council Member Beard. Thank you, Mayor. in thinking about this a little bit and council member lane did talk to me a little bit about it before the session tonight each fire station is not costs 31 or 3 million 100 and whatever it is Some maybe are 2 million and some maybe are 5 million. You're just using an average, in other words. I don't know. It seems micromanaging to an extent to do this with the efforts I think we can demand or ask that the fire department give us some more figures before we go jumping out and paying $200,000 or whatever for a consultant to come in and tell us. You know, consultants are wonderful. They ask to borrow your watch, and then they tell you what time it is. Thank you, Mayor. Thank you, Council Member Beard. Vice Mayor Gordon. Thank you, Mayor. I wanted to remind the chairs, the council chairs of the budget links, that Stacey will be putting our link schedule together. And if you can get your preferences for link meeting schedule to Stacey by tomorrow at 5 o'clock, she'll put the schedule out next week. All right. Thank you, Vice Mayor. Council Member Stennett. Thank you, Mayor. I, too, want to thank my colleagues as well as the administration for working together on this fire overtime and brownout issue. This is what we can accomplish when we work together. And I thank the administration, especially Chief Jackson, for coming forward and presenting with a plan that makes sense. And this goes back to some of the comments that have been made about Councilman Relain's motion. We have new leadership, and they're actually working on a plan, a plan for relocating as we speak. And I know they'll be glad to share with anyone that wants to meet with them and talk to them about it. But I just want to thank you, and Commissioner Mason, I want to reconfirm that April 1st, the brownouts will stop, that this budget amendment, even though it won't be read until April 11th, we're good to go. Very good. Thank you, Mayor. Thank you for your leadership. Thank you, Council Member Stenet. Council Member Henson. Thank you, Mayor. I really wasn't finished with my conversation earlier, so I thought I would finish now because I thought we weren't allowed to speak about it. But anyway, that being said, I'm glad that we're stopping the brownouts, and I just wanted to say that I feel confident with our new chief that he is making necessary changes in the fire department to be more efficient. So I still don't feel like he has been there long enough to make all of the necessary changes. But from what I've seen thus far, he is very good. And so I think we should leave it up to him. Thank you, Mayor. Yes, ma'am. Thank you, Council Member Henson. Any other council members wish to speak? All right. Thank you all. That allows us to... Is there anything else on here? Public comment. Yeah, Council Member Stenet. Just want to make sure we all are reminded of tomorrow morning, historic day, 10 a.m., for the signing of the pension agreement. I know the Council Members were left off from the press release from the Governor's office, but we all will be there, Mayor, so thank you. We'll see you in the morning. Thank you, sir. Appreciate that. The floor is now available for public comment. But no one signed up for public comment. All right. You all have? Mr. Mundy said no, but I thought we did have some. Yeah. I thought maybe there had been a change of mind, Mr. Payne. Charles, yes, sir. Come right on up. Mr. Charles Payne. Yes, sir. So my name is Charles Payne. I'm president of the River Park Neighborhood Association. I live at 1528 Bow Harbor Court. And I've brought a little additional light reading for you guys to take with you over the break. And I hope I brought enough comments. Or I mean enough copies. I'm sorry. This is what I have with me is an Attorney General's opinion. OAG number. You'll have to forgive me. I'm in denial over needing bifocals. So this is OAG 13-004. It was rendered in response to the Bluegrass Area Development District's attempts to open a reentry program in our neighborhood last year. I'll be brief. The subject briefly was the involvement of an area development district with an offender reentry program and the relationship of the district to local planning units. The syllabus or brief synopsis of the conclusion is that an area development district is not an agency of state government for purposes of compliance with local planning and zoning requirements, nor does an area development district have the authority to operate an offender reentry program. So I've written a much longer dissertation than what I'm going to present here, and I'm just going to touch on the last paragraph or two where it states that the ADD could indeed provide management assistance to local governments, but it must be pursuant to or through a memorandum of agreement. Providing management services at the request of a local agreement, however, is entirely different from independently operating an offender reentry program, which was what was attempted. And then it goes on to say an area development district would therefore lack statutory authority to operate such a program on its own or on behalf of any other entity except on behalf of a local government which has requested its assistance through a memorandum of agreement. So I'm hoping that this clears a lot of confusion that arose from this last year. And the main reason why I wanted to come was to offer a word of thanks. And I'll start with the 1,100 citizens that signed the petition that opposed this. I would also like to thank the River Park Neighborhood Association and other neighborhood associations in the immediate vicinity out there that supported us. I'd like to thank George Myers, Councilman Myers, for his efforts. in all this and his continuing efforts to clarify or redefine the relationship between local governments and their area development districts. I'd also like to thank the city council for passing the series of resolutions that you guys passed last year, which sent letters to the state expressing your concerns and asking for clarification. I'd also like to thank Mayor Jim Gray for we were out there last April when you preferably stepped into the lion's den and went out to one of their meetings and listened to all that stuff. So we appreciate that and the letters, the correspondence that you've sent out for that. I'd also like to thank Representative Susan Westrom, who responded to our appeals and asked the Attorney General the questions that resulted in this opinion. I'd also like to go on to say that this clears a lot of these issues that were brought up. Follow-up from here on is just a second. Charles, can I excuse me just a second? We've got this three-minute rule, but I think you're getting some yielded time from it. I think my son, Chris Payne, is on here. Yes, sir, he is. So Chris is yielding his time to you. All right. Thank you, sir. I just wanted to confirm that. Giving me your time. I didn't know whether David was, too, or not. But I think it clears up a lot of the issues. Follow-up is important. I think this shows clearly that area development districts cannot act independently or on their own, that they are subservient to local government, that you guys have the power and control over what they do here or any other county in the Commonwealth that they decide to try to do something. So, again, thanks, and God bless. Have a good evening. Thank you, Mr. Payne. Does anyone else wish to speak to offer public comment? Mr. Vinson. And then I believe Mr. Myers wishes to speak. Council Member Myers. My name's Dave Vinson. I live at 3663 Niagara Drive here in Lexington. And I just wanted to get up. I spoke to you guys about a year ago, and it's really been a fight for us. And without you guys on our side as this council, some bad things will happen in our neighborhood. And at that time, I felt like this council could help us. And, Mayor, specifically, I felt like you could help us. I'm going to tell you something. You didn't let us down. And I'm just here to tell you that we very much appreciate that. And thank you so much. Thank you. Thank you, David. Thank you, Mr. Benson. Council Member Myers. Thank you, Mayor. And I wanted our neighborhood representatives to speak first. And I, too, want to just ditto everything that Mr. Payne said. The neighbors really came together on this issue and took the fight back to the ad. And, you know, I wrote a letter out that said it was an assault that the AB was trying to place on our neighborhood and on Lexington, and they really were. And, again, to reiterate that last sentence, it says an area development district would therefore lack statutory authority to operate such a program on its own or on behalf of any other entity except on behalf of a local government which has requested its assistance through a memorandum of agreement. And I think that's huge. And there's a lot of people that helped on that. Our colleagues on the council came through when we asked to do those resolutions. The state is looking at it. Representative Westrom asked for that expedited opinion from the AG. The mayor helped out and went to several meetings, and he's got a hard road to hold that he's on that board, but has to make some tough calls. And I just want to say I appreciate the council for stepping up with us. And the work is now getting ready to begin, though. We've got to come together as a government, as a community, and determine how we want to work with the ad, being that they can't do anything here without us first inviting them to do it and then signing an agreement with them. But they have a lot of resources that will help our community, so we've got to come together and determine how we're going to make that happen. So thank you again. Thank you, Mayor. Thank you, Charles and company. Thank you, Councilman Myers. Councilman Lawless, you wish to speak to? Just quickly, I also want to thank Council Member Myers and my fellow OCHS graduate, David Vincent. We always get us together from Owensboro Catholic High, 1969. We always cause trouble, Mr. Payne. And as the director of the Bluegrass Rape Crisis Center, we serve the 17 counties of the Bluegrass Area Development District. and they worked with all the counties except Fayette. And I think that this not only put a stop to something that shouldn't have happened, there are resources that now, as with these efforts, et cetera, that we can tap into. And I remember the first time I met the director then of the Bluegrass Area Development District, he said, I served the 16 counties around Fayette County. And I said, I don't know who you are or what you're doing, but I serve the 17 counties of the Bluegrass Area Development District, so either you're an imposter or you need to find somebody else to run it. But I think this also will move forward so that we can participate in a more meaningful way in those resources that will be beneficial. So I'm very excited, and thank you all. Thank your Neighborhood Association. Thank you, Mr. Payne. Thank you, Dave and Council Member Myers. And, of course, as always, thank you, Mayor, for being in there, roughing and toughing with them. So thanks a million. Thank you, Council Member Lawless. I'll just quickly punctuate what's been said. And, you know, with these, I think all of us sitting in this room, you know, we often, I guess, sometimes wonder about our effectiveness, whether we're getting things done or not. But I think especially perhaps in this case, in this, that the best spirit of sometimes cumbersome democratic institutions really worked. It's good to see David and Charles. It's good to see you all shaking your head there a little bit. But it really did. And the spirit of the citizens, the commitment, the persistence, the passion, especially the commitment to neighborhood and to families. But you all said it well. Well, Council Member Myers really, really does illustrate that spirit of persistence and determination. I mean, you know, he just was right in there with you. It's good to see you all smiling because it has been a long journey and a challenging one. And so generous thanks are going around and appreciation. and there's more work to do. What you said, Council Member Myers. I think there was a compliment in there for me somewhere. You bet. Yes, sir. Gold face and italics. Okay, does anyone else wish to speak? Motion adjourned. Motion by Council Member Ellinger to adjourn and second by Council Member Myers. Unless there is objection, council meeting is adjourned. Thank you.