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# Urban County Council Meeting - April 11, 2013

> Auto-transcribed civic record · April 11, 2013

- **Permalink**: https://meetings.lexingtonky.news/meeting/2949
- **Source video**: https://lfucg.granicus.com/player/clip/2949?view_id=14&redirect=true
- **Date**: 2013-04-11
- **Last revised**: July 16, 2026
- **Length**: 10,352 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 held a meeting on April 11, 2013, at 6:00 p.m., presided over by Mayor Jim Gray. The meeting took place at the Council Chambers located at 200 E. Main Street in Lexington, Kentucky. During the session, the Council addressed 12 agenda items and took 46 motions and votes on various matters.

The Council approved the minutes from previous meetings and advanced several pieces of legislation. Ordinances on second reading were approved, while ordinances on first reading were introduced for future consideration. One resolution on second reading was denied, and resolutions on first reading were introduced. The Council also approved communications from the Mayor and received additional mayoral communications for informational purposes only. Three members of the public provided comments during the meeting. The agenda also included a roll call, invocation, presentations, and announcements.

## Attendance

**Present:** Mossotti, Myers, Scutchfield, Stinnett, Akers, Beard, Clarke, Ellinger, Farmer, Ford, Gorton, Henson, Kay, and Lane

**Absent:** Lawless

**Late:** None

## Votes and Decisions

**Ordinances**

Ordinance 0290-13, to change zoning from Professional Office (P-1) to Highway Service Business (B-3) for property at 3270 Richmond Rd., passed 14-0 on a roll call vote [timestamp: 00:34:10]. Motion by Gorton, second by Ellinger. Conditional Approval, to be heard by May 29, 2013. All members voted in favor: Mossotti, Myers, Scutchfield, Stinnett, Akers, Beard, Clarke, Ellinger, Farmer, Ford, Gorton, Henson, Kay, and Lane.

Ordinance 0291-13, to change zoning from Single Family Residential (R-1C) to Neighborhood Business (B-1) for property at 708-712 Henry Clay Blvd., passed 14-0 on a roll call vote [timestamp: 00:34:10]. Motion by Gorton, second by Ellinger. Conditional Approval, to be heard by May 29, 2013, with objector noted.

Ordinance 0266-13, to amend budgets to reflect $1,430 from Neighborhood Development Funds for traffic intersections at Pleasant Ridge, Plaudit, and Winchester/Sir Barton, passed 14-0 on a roll call vote [timestamp: 00:34:10]. Motion by Gorton, second by Ellinger.

Ordinance 0294-13, to amend budgets to reflect current municipal expenditures and re-appropriate funds, passed 14-0 on a roll call vote [timestamp: 00:34:10]. Motion by Gorton, second by Ellinger.

Ordinance 0362-13, to amend Schedule of Meetings for 2013 to add Committee of the Whole meetings on April 23, 25, 30, May 21, June 6, and 11, passed 14-0 on a roll call vote [timestamp: 00:39:59]. Motion by Gorton, second by Farmer. Amended to add April 23 meeting and cancel April 30 Budget and Finance Committee.

**Resolutions**

Resolution 0296-13, to amend Rules and Procedures to streamline legislative review of documents like deeds, easements, contracts, and grant agreements, failed 5-9 on a roll call vote [timestamp: 00:45:10]. Motion by Stinnett, second by Gorton. Voting in favor: Akers, Clarke, Ford, Kay, and Lane. Voting against: Mossotti, Myers, Scutchfield, Stinnett, Beard, Ellinger, Farmer, Gorton, and Henson.

All remaining resolutions passed unanimously 13-0 on roll call votes [timestamp: 01:09:30], with motions by Stinnett and seconds by Myers. These included resolutions authorizing various agreements, grants, bids, appointments, and budget amendments.

## Budget and Financial Actions

The meeting approved multiple contracts, purchases, and grants totaling over $6 million in financial actions.

**Facility and Equipment Contracts**

Resolution 0307-13 authorized several facility improvements and purchases:

* HVAC and piping repair for Phoenix Building with Triton Services, Inc. for $218,440
* Replacement of cooling tower at 1795 Old Frankfort Pike with Baltimore Aircoil Co. for $31,996 (Resolution 0358-13)
* Purchase of powered air purifying respirators from Bluegrass Uniforms for $35,715
* Purchase of Tetherless Patient Simulator from Gaumard Scientific Co. for $31,601.58

**Ongoing Service Contracts**

Resolution 0307-13 also approved contracts with unspecified amounts for:

* Temporary labor services through Premier Staffing Source, Inc.
* Beverage products through G & J Pepsi-Cola Bottling Co.

**Golf Course Maintenance**

Multiple contracts for golf course horticulture products were approved under Resolution 0307-13 with Advanced Turf Solutions, Inc.; Regal Chemical Co.; John Deere Landscapes; Harrell's, LLC; and Residex, LLC.

**Grant Funding**

The meeting approved substantial grant funding from state and federal sources:

* $1,074,300 from Kentucky Transportation Cabinet for Unified Work Program FY 2014 (Resolution 0326-13)
* $857,300 from Kentucky Department of Military Affairs, Division of Emergency Management for Chemical Stockpile Emergency Preparedness Program and CSEPP program (Resolution 0321-13)
* $3,104,232 from U.S. Department of Housing and Urban Development for Consolidated Plan/Grant Application (Resolution 0319-13)
* $75,000 from Kentucky Department for Local Government for Berry Hill Skate Park construction (Resolution 0311-13)
* $80,000 to Living Arts and Science Center for expansion (Resolution 0314-13)
* $50,000 to Southland Association, Inc. for Class B Incentive Grant for stormwater quality projects (Resolution 0270-13)
* $5,256 to Bluegrass Area Development District for Senior Citizens Center operations (Resolution 0322-13)

## Public Comment

Three council members made remarks during the public comment period.

**Council Member Kay** [timestamp: 01:21:11] addressed council rules and efficiency. Kay criticized the defeat of a resolution that would have streamlined first and second readings, arguing the proposed changes would have saved time and improved operational efficiency. According to Kay, 13 resolutions would have been skipped under the proposed rules.

**Council Member Henson** [timestamp: 01:22:53] promoted the I Know Expo, an event being held at the Lexington Center. Henson described the expo as offering services for seniors and caregivers and encouraged attendance.

**Council Member Akers** [timestamp: 01:23:35] highlighted two upcoming weekend community events. Akers encouraged participation in Reforest the Bluegrass and the Now What? Lexington Unconference.

## Appointments

The following appointments and reappointments were made during this meeting:

* **Julian Beard** was appointed to the Commission for Citizens with Disabilities.

* **Shevawn Akers** was appointed to the Community Action Council Board.

* **Eva C. Trout** was reappointed to the Industrial Revenue Bond Review Committee.

## Contested Items

**Resolution 0296-13 – Rules and Procedures**

A resolution intended to streamline the first and second readings of ordinances and resolutions became the subject of significant disagreement during the meeting. The proposal aimed to modify procedural rules to make the reading process more efficient.

The resolution was defeated by a vote of 5-9, indicating a clear split among council members. The defeat reflects a fundamental disagreement about the balance between procedural efficiency and other governance concerns. Those opposing the resolution raised concerns about transparency and record-keeping, suggesting that streamlining the reading process could compromise the public record or reduce opportunities for public input and deliberation.

The debate centered on whether the efficiency gains from modifying the reading procedures would outweigh potential losses in transparency and documentation. The 5-9 vote margin demonstrates that a substantial majority of the council prioritized these transparency and record-keeping concerns over the proposed efficiency improvements.

## Roll Call

Council members were called to roll at the beginning of the meeting. Susan Lamb conducted the roll call.

All council members were present except for Council Member Lawless, who was absent.

## Invocation

Elizabeth Fogus of First Church of Christ Scientist offered the invocation for the meeting [timestamp: 00:01:41]. She prayed for guidance and grace for the council's work.

## Minutes of the Previous Meetings

[timestamp: 00:03:21]

The minutes from the previous meetings held on January 17, February 12 and 28, and March 7 and 21, 2013, were presented for approval.

**Outcome**

The minutes were approved unanimously.

**Key Participants**

Stinnett and Akers were the key speakers on this agenda item.

## Presentations

The Mayor and Ms. Gorton presented on Alcohol Awareness Month and the Keep It Real video contest winners [timestamp: 00:04:04].

Mayor Jim Gray proclaimed April as Alcohol Awareness Month. The presentation also recognized the winners of the Keep It Real video contest and highlighted public health achievements.

**Key Speakers:**
- Mayor Jim Gray
- Ms. Gorton
- Captain Howard Rupert
- Ms. Donna Weisenhahn
- Dr. Rice Leach

**Recognition:**
The Mayor recognized Teens Against Tobacco Use and Anita Courtney as 2013 Public Health Heroes.

**Outcome:**
This agenda item was informational in nature.

## Ordinances – Second Reading

[timestamp: 00:32:39]

Four ordinances received second reading approval during this agenda item. The ordinances consisted of two zoning changes and two budget amendments.

**Ordinances Approved:**
- Two zoning change ordinances
- Two budget amendment ordinances to reflect current requirements for funds

**Key Speakers:**
- Gorton
- Ellinger

**Outcome:**
All four ordinances were approved.

## Ordinances – First Reading

[timestamp: 00:35:14]

Ten ordinances were introduced for first reading during this agenda item. The ordinances addressed personnel changes and budget adjustments across various departments.

Key speakers during this discussion included Gorton, Farmer, and Ellinger. The specific details of individual ordinances, concerns raised by council members, or particular debate points are not available in the meeting record.

The outcome of this agenda item was that the ordinances proceeded to first reading as scheduled.

## Resolution – Second Reading

Resolution 0296-13 was presented for second reading consideration. The resolution aimed to streamline the legislative review of documents. [timestamp: 00:43:00]

Key speakers during the discussion included Stinnett, Gorton, and Ellinger.

The resolution was put to a vote and was defeated by a vote of 5-9.

## Resolutions – First Reading

[timestamp: 00:46:11]

Multiple resolutions were introduced for first reading during this portion of the meeting. The resolutions addressed various matters including bids for equipment, contracts, and civil service appointments.

Key speakers participating in the discussion of these resolutions included Kay, Farmer, Myers, and Henson.

The resolutions were presented for their initial reading, with the outcome being that they were advanced to first reading status. This allowed the items to proceed through the standard legislative process for further consideration and potential adoption at a subsequent meeting.

## Communications from the Mayor

[timestamp: 01:19:40]

Mayor Jim Gray presented communications regarding several board and committee appointments.

The Mayor recommended appointments to three bodies:

- Commission for Citizens with Disabilities
- Community Action Council Board
- Industrial Revenue Bond Review Committee

The recommendations were approved.

## Communications from the Mayor (For Information Only)

Mayor Jim Gray provided informational updates regarding personnel changes across multiple city departments [timestamp: 01:20:11]. The communications covered resignations and appointments within the police, fire, and public works departments.

This agenda item was presented for informational purposes only, with no action required from the council. The Mayor shared details about staffing transitions occurring within the city's key municipal services, allowing council members to remain informed of departmental personnel developments.

## Announcements

[timestamp: 01:22:53]

Council members Henson and Akers shared announcements regarding upcoming community events during this informational segment.

The announcements included information about two community initiatives:

* **I Know Expo** — Details were provided about this upcoming community event
* **Reforest the Bluegrass** — Information was shared about this environmental initiative

This segment served as an informational update to council members about community activities and opportunities for public engagement.

## Public Comments

No public comments were made during this portion of the meeting. [timestamp: 01:23:35]

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## Decisions

- **Ordinance 0290-13** — passed (14-0): Change of zoning from Professional Office (P-1) to Highway Service Business (B-3) for property at 3270 Richmond Rd.
- **Ordinance 0291-13** — passed (14-0): Change of zoning from Single Family Residential (R-1C) to Neighborhood Business (B-1) for property at 708-712 Henry Clay Blvd.
- **Ordinance 0266-13** — passed (14-0): Amend budgets to reflect $1,430 from Neighborhood Development Funds for traffic intersections at Pleasant Ridge, Plaudit, and Winchester/Sir Barton.
- **Ordinance 0294-13** — passed (14-0): Amend budgets to reflect current municipal expenditures and re-appropriate funds.
- **Ordinance 0362-13** — passed (14-0): Amend Schedule of Meetings for 2013 to add Committee of the Whole meetings on April 23, 25, 30, May 21, June 6, and 11.
- **Resolution 0296-13** — failed (5-9): Amend Rules and Procedures to streamline legislative review of documents like deeds, easements, contracts, and grant agreements.
- **Resolution 0307-13** — passed (13-0): Accept bid from Triton Services, Inc. for HVAC and piping repair at Phoenix Building.
- **Resolution 0347-13** — passed (13-0): Authorize conditional offers for 12 probationary and 1 unclassified civil service appointments.
- **Resolution 0311-13** — passed (13-0): Authorize submission of grant application for Berry Hill Skate Park from FY 2013 Land and Water Conservation Fund.
- **Resolution 0314-13** — passed (13-0): Authorize agreement with Living Arts and Science Center for expansion using UDAG and General Fund.
- **Resolution 0315-13** — passed (13-0): Authorize agreements with Food Chain, Vineyard Community Church, Robinwood Neighbors, and Victory Baptist Church.
- **Resolution 0270-13** — passed (13-0): Authorize Class B Incentive Grant to Southland Association, Inc. for stormwater quality projects.
- **Resolution 0273-13** — passed (13-0): Extend timeline for 2012 Sanitary Sewer Cleaning Program by Leak Eliminators, LLC to May 5, 2013.
- **Resolution 0275-13** — passed (13-0): Authorize execution of deeds for Newtown Pike/Fourth St. Sanitary Sewer Improvements Project.
- **Resolution 0276-13** — passed (13-0): Authorize agreement with Delaney & Associates for replacement parts for Dewatering Pump #2.
- **Resolution 0277-13** — passed (13-0): Authorize amendment to Bell Engineers contract for Blue Sky Pump Station, increasing price by $66,500.
- **Resolution 0279-13** — passed (13-0): Authorize agreement with Hilton Lexington/Downtown for 2013 FEMA Chemical Stockpile Meeting.
- **Resolution 0286-13** — passed (13-0): Authorize letter of agreement with Lexington Air Traffic Control Tower for police aircraft codes.
- **Resolution 0287-13** — passed (13-0): Authorize amendment to Memorandum of Agreement with BATFE.
- **Resolution 0306-13** — passed (13-0): Approve standardized agreement for exchange of occupational license fee info with Woodford County.
- **Resolution 0314-13** — passed (13-0): Authorize agreement with Living Arts and Science Center for expansion using UDAG and General Fund.
- **Resolution 0319-13** — passed (13-0): Authorize submission and acceptance of 2013 Consolidated Plan/Grant Application to HUD.
- **Resolution 0321-13** — passed (13-0): Authorize acceptance of $857,300 federal grant for CSEPP program.
- **Resolution 0322-13** — passed (13-0): Authorize amendment to agreement with Bluegrass Area Development District for Senior Citizens Center.
- **Resolution 0323-13** — passed (13-0): Authorize change order to GRW Engineers contract for Expansion Area 2A Pumping Station.
- **Resolution 0325-13** — passed (13-0): Authorize encroachment agreement on utility easement at 1676 McGrathiana Parkway.
- **Resolution 0326-13** — passed (13-0): Authorize acceptance of $1,074,300 in federal funds from Kentucky Transportation Cabinet for FY 2014 Unified Work Program.
- **Resolution 0361-13** — passed (13-0): Authorize release of streetlight easement at 284 and 288 Somersly Place.
- **Resolution 0358-13** — passed (13-0): Amend budgets to reflect current municipal expenditures and re-appropriate funds.
- **Resolution 0348-13** — passed (13-0): Ratify probationary and permanent civil service appointments and approve voluntary demotion of Sam Williams.
- **Resolution 0240-13** — passed (13-0): Authorize designation of Cynthia A. Schuster as agent for federal disaster assistance.
- **Resolution 0365-13** — passed (13-0): Accept bid from Columbia Gas of Ky., Inc. for non-exclusive gas distribution franchise.
- **Resolution 0366-13** — passed (13-0): Accept bid from Clark Energy Cooperative, Inc. for non-exclusive electric system franchise.
- **Resolution 0368-13** — passed (13-0): Accept bid from Ky. Utilities Co., Inc. for non-exclusive electric system franchise.
- **Resolution 0369-13** — passed (13-0): Accept bid from Blue Grass Energy Cooperative Corp. for non-exclusive electric system franchise.
- **Resolution 0320-13** — passed (13-0): Accept bid from Delta Natural Gas Co., Inc. for non-exclusive gas distribution franchise.
- **Resolution 0347-13** — passed (13-0): Authorize conditional offers for 12 probationary and 1 unclassified civil service appointments.
- **Resolution 0358-13** — passed (13-0): Amend budgets to reflect current municipal expenditures and re-appropriate funds.
- **Resolution 0361-13** — passed (13-0): Authorize release of streetlight easement at 284 and 288 Somersly Place.
- **Resolution 0348-13** — passed (13-0): Ratify probationary and permanent civil service appointments and approve voluntary demotion of Sam Williams.
- **Resolution 0240-13** — passed (13-0): Authorize designation of Cynthia A. Schuster as agent for federal disaster assistance.
- **Resolution 0365-13** — passed (13-0): Accept bid from Columbia Gas of Ky., Inc. for non-exclusive gas distribution franchise.
- **Resolution 0366-13** — passed (13-0): Accept bid from Clark Energy Cooperative, Inc. for non-exclusive electric system franchise.
- **Resolution 0368-13** — passed (13-0): Accept bid from Ky. Utilities Co., Inc. for non-exclusive electric system franchise.
- **Resolution 0369-13** — passed (13-0): Accept bid from Blue Grass Energy Cooperative Corp. for non-exclusive electric system franchise.
- **Resolution 0320-13** — passed (13-0): Accept bid from Delta Natural Gas Co., Inc. for non-exclusive gas distribution franchise.

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## Full transcript

Well, hello, greetings, greetings, greetings, everyone. Hello. We will, the council's had a long day today, so I thought we wouldn't accelerate too much, but we can get going now. So, hello, Vice Mayor. Yes, ma'am. We will call the meeting to order, and first on the agenda is the roll call. And I'll ask Madam Clerk Susan Lamb to please call the roll. Ms. Mazzotti. Yes. Mr. Myers. Yes. Ms. Scutchfield. Here. Mr. Stennett. Yes, ma'am. Ms. Akers. Here. Mr. Beard. Present. Mr. Clark. I'm here. Mr. Ellinger. Here. Mr. Farmer. Here. Mr. Ford. Here. Ms. Gorton. Here. Ms. Henson. Here. Mr. Kay. Here. Mr. Lane. Here. Ms. Lawless. All good. And thank you very much. Thank you, Susan. Thank you. All right. And next on our docket, our agenda tonight is the invocation. And our invocation tonight is being offered by first reader Elizabeth Fogas of First Church of Christ Scientist. Elizabeth, thank you so much for joining us. Let's pray. Our Father, Mother, God, at this glorious springtime, inspiring with perpetual promise, we acknowledge your goodness and presence as we proceed through tonight's business. Our prayer of gratitude and affirmation includes a prayer of petition as we pray for all who work for this council. May your grace and peace accompany all their activities and bless all their endeavors. We know that to whom much has been given, much is required, and that we cannot do it alone. Embraced in your care, we are turning to you continually. We thank you and praise your infinite goodness. Amen. Elizabeth, thank you so much. Thank you. Next on our agenda tonight, minutes from previous meetings, and I'll ask for a motion to approve the seven sets of minutes from previous meetings. Is there a motion? Motion by Council Member Stennett, second by Council Member Akers. Is there any discussion on the motion? All right. Hearing none, then we can take a vote. All in favor, please indicate by saying aye. Aye. Opposed, no. Motion carries. Tonight we have two presentations, first recognizing the Keep It Real winners and Alcohol Awareness Month and second, honoring the 2013 public health heroes. And I will ask Vice Mayor Gordon to please join me, and we'll head down to the podium. Okay. So our first presentation tonight, we are again welcoming Keep It Real and the Mayor's Alliance on Substance Abuse, which works to keep our young people away from illegal drugs and alcohol. So, first, we are proclaiming April as Alcohol Awareness Month. Now, Vice Mayor Gordon will introduce a special guest. Everybody's a special guest, but this special, special guest, too. Retired Police Captain Howard Rupert, who is a member of the Mayor's Alliance on Substance Abuse. Vice Mayor, will you please introduce Howard? Thank you. the mayor and I have been involved with the Keep It Real now for a number of years and it's such a terrific effort by the high schoolers to get the message out on underage drinking and many of you in the audience have been so dedicated and of course this year was the final year for it But it is my pleasure to introduce a very special man, Captain Howard Rupert. He is a retired LFUCG police officer and is on the Mayor's Alliance on Substance Abuse. You're the treasurer, right? So you have a fund balance since it's changing. Keep it real. It's going away. We've been talking about fund balance today. So come on up and welcome to you, and thanks for all your hard work. Howard, thank you, sir. Vice Mayor, thank you. And I'm going to read this and then present it to Howard, and then he's going to speak. And this is a proclamation which says this among several whereases. Alcohol Awareness Month, April 2013. whereas alcohol is the most commonly used addictive substance in the United States, and whereas one in every 12 adults, that's 17.6 million people, suffers from alcohol abuse or dependence, and whereas alcohol is a primary factor in the four leading causes of death for young persons ages 10 to 21, and whereas young people who begin drinking before age 15 are four times more likely to develop alcohol dependence than those who begin drinking at 21, now, therefore, on behalf of all Fayette Countians, we hereby proclaim April 2013 as Alcohol Awareness Month in Lexington. Howard, we're presenting this to you for all your support, encouragement, and leadership. for so long. Thank you, sir. Thank you. Congratulations. Thank you. Thank you so much for the backing of the council, for the mayor, and this is a very worthy cause, as many causes are. But we have several people tonight that's going to be coming up for a group picture yet, so I'm just representing many of them. But we appreciate the cooperation from everybody and the community, and we're trying to make a difference as we all are. So thank you so much. Thanks, Howard, and don't go too far away. We've got to get a picture here in just a second. But before the pictures, I want to introduce the second member of the Mayor's Alliance, Donna Wiesenhahn. And Donna will tell us about this year's Keep It Real video winners. and show us the videos, right? All right. Come on up here, Donna. It couldn't possibly be April without getting to see your Keep It Real video winners, right? And so that's probably the first thing. It is, like Vice Mayor Gordon said, unfortunately, this is our last year for Keep It Real. This was funded by a federal grant, and those grants have been cut. and this year it turns out was the most incredible contest that we've had. We had over 84 entries, a record, all from high school youth, all creating these fabulous videos that you're getting ready to see, the ones from the people here in Fayette County that had a lot of winning. We had them from Ohio. We had them from Virginia. This program is one that has national interest. So we're sad to see it go. We will not stop what we are doing about underage drinking. We cannot stop what we're doing on underage drinking. And you know we can't because of all of the differences that it's made for these young people as well as for our community. So together in the nine years that Keep It Real has been going on, There's been a million, over a million and a half votes cast online for the winning videos where it's all done. We've affected more than 2,000 kids have been involved in this Keep It Real. And we've had people who now work for Disney. We have people who've gone on making a career in BCTC. This is a really program that has created some nice waves. So we don't want it to stop. We'll probably be coming to you for ideas, actually. But now, how about if we see the videos? This is Henry Clay. This video is for Best Direction. Hey, hey, hey. Want a drink? No, I'm good, thanks. Give a round. Yay! Now we have Dunbar, and this one was for Best Art Direction. Shout out to alcohol, not your dreams. Keep it real. Don't drink underage. Yay! Isn't that wonderful? When alcohol finds you was best comedy. I don't think he can get us from here. You all kind of just throw it away. When alcohol finds you, know what to do. Keep it real, don't remember age. Eastside Technical, this is for, let's see, this is Sermon, Best Cinematography. Man, quit drinking, man. You know, just keep it real. You don't have to drink to follow everybody. Nuh-uh. You can just be you. You can make them follow you, follow your decisions. Don't. Don't follow other people. Be a leader. You don't have to drink underage Just to feel cool You're cool by yourself Amen Amen Just think, don't drink, best editing Keep it real, man If you ain't 21, you shouldn't be drinking, man Real talk You don't want that Keep it real Keep it real, just think Keep it real, don't drink Before you do it, just think I'ma tell you from experience, I've been through it I done seen people that can't walk, that can't talk That think it's true until they puke And then they don't know what to do And this one is Best Original Music. Heart drops, well young you do better, pop and calm drop. What you trying to pull? Drink your life through a bottle, sip of death, won't you swap? All right. Those are all the fabulous winners from Fayette County. And now you get to meet some stars because we have some stars here to show you. From Henry Clay, teacher Matthew Logsdon. He is the one teacher who's been involved in Keep It Real all nine years. Matthew is a real hero. Please stand up. And in his was Augustus Logsdon, who is no relation. Beth McKenzie, did she make it in from Dunbar? Not quite, but some of her, Loggin Hill and Grant Harold? They didn't make it. Jay Salmon, Jay Bishop, or Patrick Marlowe? Okay. Eastside Technical, Michelle is here. Michelle they've entered for two years and in both the years that they've entered they have taken prizes for best in something each time it's amazing we've got Shaman Atkins I don't think we're Tom Johnson didn't make it but Aaron Looch Dan? Yay! And Jacob Bryant. I'm going to let these young people who are here give you something because to let you know that we're not going to stop on our underage drinking, we're having a special underage drinking conference. And we're going to let them give you a paper about it. We hope you will come. It's a dialogue on underage drinking that's going to be held in June. If you'll take those and if each of you will give these, as well as they also work with us on some coaches initiative. The thing that we can say to you, I don't know if any of you have ever tried to create a video. I have. It was awful. Have you tried to create one? Mine was awful. I think one more time, if we could give a huge applause to these incredible young people. And Mayor Gray, we do want to thank the urban county government, Mayor Gray, Vice Mayor Gordon. Without their support, these kids wouldn't get to be recognized. This program wouldn't happen. Thank you so much. Okay, all the Mayors and White people, if you could stand. Picture time. With the council. Council members, let's do the gathering. Do our thing. Behind the... Oh, we don't have Ed. No, we have Ed. Oh, we do have Ed. Ed's here. I'm so sure you can't see him. All right. Everybody involved. Everybody involved. We want everybody involved. Donna, you're getting them all. All right. They're marketing. Thank you. Right there. Third. Third. Oh, shit. Oh, come out. Don't you hop. Tilt it down. There you go. All right, guys. Three quick and six. There. All good. And one. And one more time. more time. Thank you, ladies and gentlemen. Thank you. Thank you, sir. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Yes, you are next. All right. Now for our second presentation, it's time to introduce our public health heroes. First, let's bring Paula Case, Emily Rentschler, and Joe Geddes to the podium as we present this Public Health Hero Proclamation to Teens Against Tobacco Use. All right. Are you all on the way? Thank you so much. And I've got, and Dr. Leach is here too. you're going to speak in just a minute. At the end, they told me. At the end, right. But you just get ready here. It's not too long away. All right, now, our next public health hero. No, actually, I'm going to read the proclamation. Yes, follow instructions. The proclamation reads, Public Health Hero, Teens Against Tobacco Use. And it then says that on behalf of Lexington Fayette, Urban County Government, we do hereby proclaim April 11, 2013 as Teens Against Tobacco Use Day in recognition of the organization's commitment to providing tobacco prevention education. Emily, come on up here, y'all. All right, thank you. Here we go. Thank you. And now you're going to speak. All right. All right. Yep, that's the time to clap. Thank you, George. Well, thank you, sir. I'm Emily Rentschler. I'm a teacher at Bryan Station High School and sponsor the tattoo group out of Bryan Station. I have two of our wonderful leaders from Tattoo here with me, Mallory Zano and Rebecca Edwins, who put in lots of hard work. Stand up, please. These two women are wonderful leaders. They get people to join the club. They educate the rest of the new club members and really help us spread awareness to the younger generation. So that's a great thing to do. So thank you so much. And next, Paula. Thank you so much. I am Paula Case, and I am the Youth Service Center Coordinator at Henry Clay High School, where we have 2,300 students. I am the proud sponsor of Tattoo. I have a wonderful group of students. I have Ross Boggess, Ross, you may stand, who is with me tonight. She is a wonderful student and leader. I am so proud of my group of Tattoo students. They educate, they go out to the elementary and middle schools and speak and educate the students about the harmful effects of alcohol and drugs. And I'm just proud of these students and to work with them. Thank you. Thanks, Paula. And next from Tate's Creek High School is Joe Geddes, also a teacher. I would like to thank you for this honor. I have been a tattoo sponsor at Taysprick High School now for 10 years. And the program does a great job of advocating tobacco-free in our elementary and middle school students. The kids do all of the hard work. I'm just the background. I have one student here, Arlie Langster, who is a student leader in our organization at school. And I also wanted to thank another student. Her name is Natalie Betts. and she who has made the video that's going around on Facebook and other local websites for our Kickbutt Day back in March. So thank you again for this huge honor. Thanks, Joe, Anita, and Paula. Thank you all very much. And now I'm going to ask if our... Anita Coleman. Anita Coleman. Uh-oh. We've got one more. Ah, Anita. Anita Courtney. Oh, well, okay. Before, yes, Anita, I'm so sorry. It's a rough day. And our next public health hero is Anita Courtney with the Tweens Coalition. Anita, now I've got your proclamation right here. And this recognizes Anita Courtney and proclaims April 14, 2013 as Anita Courtney Day in recognition of her commitment to improving the health of all Lexington citizens. Thank you so much for acknowledging the work of the Tweens Nutrition and Fitness Coalition to increase the access of healthy food to children in Lexington. I want to acknowledge that Lexington Parks and Recreation was the first group to partner with us on the Better Bites program. They started in 2011 with only 3% of the foods on their concession menu healthy. This summer is going to be 68%. And I just want to let you know that pioneering work that Parks and Recreation did has opened the door for the Lexington Legends Ballpark to have all healthy food in their kids' zone to the YMCA, after-school programs, school concession stands, camps, and we've just unveiled Better Bites Restaurant Edition, and the 17 state parks have joined in. So that's a new frontier. The final group that's joining us are corner stores that are joining our Good Neighbor Store certification program, And they're going to put Better Bites in front and center so when kids come in before and after school, they'll have the access to this healthier food. So we're trying to get this brand everywhere kids turn. So thank you to Parks. Thank you to the council. Anita, thanks for that enthusiasm. It's contagious, clearly. Okay, now, now I can introduce Dr. Rice Leach, the director of our health department. Dr. Leach. Thank you, Mayor Gray. Just very quickly, I've been reading 110 years' worth of minutes from our Board of Health. And what's going on here tonight is typical of the last many, many years. What's also typical tonight of the last many years is a mayor and a council who've been there when we needed you on many, many things over many years. I'm not going to go into all of that, but it would be not proper to forget to acknowledge government and public health go together. I worked with the Indians for a long time, and one of the things you come away from that experience with is you realize that we're all here as adults. to launch the next generation. We're here to give them roots so they know where they came from and wings to get where they're going. And every one of these groups that has been recognized tonight is in the business of giving them wings to get where they're going. Healthy food, substance abuse avoidance, and no smoking. You read things in the medical literature about how to live a long, healthy life, and there are about seven really key ones. One of them is get seven or eight hours sleep every night, but also don't smoke, drink in moderation, and the best way to do that is leave it in the bottle, as was shown in some of the videos, and eat breakfast every day and regular meals of a moderate and modest intake. I mean, that's what they're doing. And, guys, that's what saves the money over the long haul. And it's also consistent with what we put together as a community, not just the health department but a lot of different people, something called a public health improvement plan. Safe neighborhoods so you can get some exercise. If there's no drinking and no drugging, it's easier to have a safe neighborhood to burn off some calories to get healthy. Obesity. The whole food program is to have you have the kind of body the good Lord had in mind when we were born and not tear it up with the wrong stuff coming in. And then smoking has everything to do with a third piece of leg of that triangle, which is public health ought to be doing things to help people be healthy enough to get a job. Because if you have a job, you have some disposable income. and if you have disposable income, your health status goes up. Thank you for recognizing these wonderful grown-ups that are helping to lead and tomorrow's youth that's going to make it happen. I congratulate all of you and thank you for giving me my couple of minutes. Thanks, Rice. One more set of pictures, okay? Everybody, Anita and Emily and Joe and Paula and the teams, okay? Everybody with the heroes. And Dr. Leach, you can't abandon us now. You guys have got to come up too. Steven? You need to jump in there too, don't you? Yeah. Good. Jump in there. Thank you. All right. I'll try to dress right. About three steps. Everybody looks like. There we go. There we go. Very good. All right. Thank you very much. Yeah, you're fine. All right. Very good. Thank you. Thank you. I did. Thank you, Dr. Leach. Always a prayer. Thank you. Thank you. Thank you. Good morning. All right. Thank you all again. All right. This allows us now we can move on to the business section of the meeting. And Madam Clerk, when you are ready, will you start us off with the second reading of ordinances, please, ma'am. Okay. Thank you. Thank you. Ordinance number one, an ordinance change in the zone from a professional office P1 zone to a highway service business B3 zone for 0.6138 net, 0.9857 gross acres for property located at 3270 Richmond Road, Kirk and Carol Snyder, Council District 7. Number two, 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 Henrik Lake Boulevard, Steve and Kathy Snowden, Council District 5. Number three, an ordinance submitting certain of the budgets of the Lexington-Fade Urban 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, Plaudet, and Winchester, Sir Barton, and appropriating and reappropriating funds, Schedule No. 44. And No. 4, an ordinance admitting certain of the budgets of the Lexington-Fayette-Irban County Government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds, Schedule No. 43. Thank you. Thank you. Madam Clerk, Vice Mayor. Move approval. Second. Motion to approve by Vice Mayor Gordon, seconded by Council Member Ellinger. Is there any discussion on the motion? Any discussion on the motion? All right, then I'll ask the clerk to please call the roll. Ms. Massadi? Yes. Mr. Myers? Yes. Ms. Scutchfield? Yes. Mr. Stinnett? Yes. Ms. Akers? Yes. Mr. Beard? All right. Aye. Mr. Clark? Yes. Mr. Ellinger? Yes. Mr. Farmer? Yes, ma'am. Mr. Ford? Yes. Ms. Gorton? Aye. Ms. Henson? Yes. Mr. Kay? Yes. Mr. Lane? Yes. Thank you. Thank you, Madam Clerk. The vote reflects passage of the motion. And next on our agenda is ordinances and the first reading of ordinances. whenever you're ready, Madam Clerk. And there's a motion by Vice Mayor Gordon on number 12. Motion to amend. Yes, sir. Ordinance number 5 and ordinance amending section 21-5, two of the code of ordinances abolishing one position of environmental enforcement specialist, grade 115E, and creating one position of arborist senior, grade 115E, in the Division of Environmental Policy, effective upon passage of council. Number 6, an ordinance amending Section 21-52 of the Code of Ordinances, abolishing one position of Records Management Analyst, Grade 111N, and creating one position of Deputy Council Clerk, Grade 116E, in the Office of Clerk of the Urban County Council, and appropriating funds pursuant to Schedule Number 47, effective upon passage of council. Number 7, an ordinance amending Section 22-52 of the Code of Ordinances, abolishing one position of administrative specialist senior, grade 112N, in the Department of Environmental Quality and Public Works, and creating one position of administrative officer, grade 118E, abolishing two positions of administrative officer part-time, grade 118E, in the office of the chief administrative officer, and creating two positions of administrative officer part-time, Grade 118E, in the Department of Environmental Quality and Public Works, transferring the incumbents and appropriating funds pursuant to Schedule No. 46, effective upon passage of council. No. 8, an ordinance amending Section 21-5. Two of the Code of Ordinances abolishing one position of administrative officer, Grade 118E, one position of engineering technician, Grade 111N, and one position of maintenance mechanic, Grade 113N, creating one position of CAP Operations Manager Grade 118E, two positions of Project Manager Grade 114E, one position of Engineering Technician Senior Grade 113E, and one position of Program Specialist Grade 112E in the Division of Water Quality and Appropriating Funds, pursuant to Schedule No. 49, effective upon passage of Council. No. 9, an ordinance submitting Section 21-5, 2 of the Code of Ordinances, abolishing one position of engineering technician principal, grade 115E, one position of public service worker, grade 107N, and creating one position of associate municipal engineer, grade 115E, amending section 22-52 of the code of ordinances, abolishing one position of administrative officer senior, grade 120E, and creating one position of environmental inspector, grade 113N, one position of administrative specialist principal, grade 114E, and one position of staff assistant senior grade 108 in all in the Division of Water Quality, appropriating funds pursuant to Schedule No. 48, effective upon passage of council. Number 10, an ordinance amending Section 22-5, two of the Code of Ordinances, extending the term of the temporary position of the Project Engineering Coordinator, grade 119E, for a four-year term, effective June 25, 2013, in the Division of Water Quality, effective upon passage of council. Number 11, an ordinance submitting certain of the budgets of the Lexington-Fade Urban County Government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds. Schedule number 45. Thank you, Madam Clerk. Vice Mayor Gordon. Thank you, Mayor. Council, you'll remember that we have set a Committee of the Whole for Budget and Finance on April 30th when we had a Budget and Finance meeting, and then today at our Committee of the Whole meeting we decided on April 23rd for the Part II fund balance, so this motion has to do with those. I move that Item 12, under first reading of resolutions, be amended to further amend the Council's schedule of meetings by canceling the Budget and Finance Committee meeting scheduled for April 30th at 1 o'clock and by adding a committee of the whole budget meeting regarding fund balance and fund balance processes on April 23rd at 10 o'clock a.m. So, Mayor. Thank you. Vice Mayor. Second. Motion by Vice Mayor Gordon, second by Council Member Farmer. Is there any discussion on the motion? That's a question. All right. Council Member Ellinger. Thank you, Mayor. So we had a meeting on the 30th, and now you're putting this to the 23rd. Are we not going to do anything on the 30th? Because we were going to have administration, I thought, come to and speak to us on the 30th. We've already made that a committee of the whole budget. But we didn't cancel the regular budget and finance meeting, which law recommended we do. Thank you. Thank you, Councilman Rellinger. Is there any further discussion on the motion? All right. Hearing none, then we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. All right. Madam Clerk, when you're ready. Number 12, as amended for first reading, an ordinance amending section 1 of ordinance number 161.2012, amending the schedule of meetings for the Lexington-Fayton-Irban County Council for the calendar year 2013 to add Committee of the Whole meetings on April 23rd at 10 a.m., April 25th at 3.30 p.m., April 30th at 1 p.m., May 21st at 11.30 a.m., June 6th at 3 p.m., and June 11th at 9 a.m. and canceling the Budget and Finance Committee meeting scheduled for April 30th. Thank you. Thank you, Madam Clerk. Is there a question? Vice Mayor? I apologize. You added the 23rd Committee of the Whole. Thank you. All right. All right. Thank you, Madam Clerk. Are there any motions for walk-ons? Council Member Massadi? No? Oh, that's on resolutions. All right. Thank you. Vice Mayor Gordon. I move to suspend the rules and give second reading to number 12. 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. All right. Any other suspensions or walk-ons? All right. If not, Madam Clerk. Ordinance number 12 for second reading and ordinance amending section 1 of ordinance number 161-2012, amending the schedule of meetings for the Lexington-Fed Urban County Council for the calendar year 2013 to add committee of the whole meetings on April 23rd at 10 a.m., April 25th at 3.30 p.m., April 30th at 1 p.m., May 21st at 11.30 a.m., June 6th at 3 p.m., and June 11th at 9 a.m., and canceling the budget and finance committee meeting scheduled for April 30th. Thank you, ma'am. All right. Is there a motion? Second. Thank you. Council Member Henson. Motion by Council Member Henson. Second by Council Member Myers. Is there any discussion on the motion? All right. Hearing none, then we can take a vote with a roll call. When you're ready, Madam Clerk. Ms. Mazzotti. Yes. Mr. Myers. Yes. Ms. Gutchfield. Yes. Mr. Stenet. Yes. Ms. Akers? Yes. Mr. Beard? Aye. Mr. Clark? Yes. Mr. Ellinger? Yes. Mr. Farmer? Yes, ma'am. Mr. Ford? Yes. Ms. Gorton? Aye. Ms. Henson? Yes. Mr. Kay? Yes. And Mr. Lane? Yes. Thank you. All right. Thank you. The vote reflects passage of the motion. and now we can move to resolutions for a second reading, and I believe there's just one. Council Member Massadi? Not yet. First reading. All right. All right. Whenever you're ready, Susan, thank you. Yes, sir. Yes, sir. Okay. Resolution number one. We'll make sure we get it. A resolution amending section 4.101 of Appendix A, Rules and Procedures of the Lexington-Devade Urban County Council, correcting clerical errors, providing that the mayor shall place the following documents on the work session agenda under legislative review, execution of deeds and easements for multi-use trails, projects, storms, and sanitary sewer projects, and roadway construction projects after the projects have received council approval, execution of easement releases and encroachment agreements, execution of equipment maintenance contracts for which Council has appropriated funds, extensions 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, and acceptance of donations 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 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 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. It was a motion to approve by Council Member Stennett, second by Vice Mayor Gordon. Is there any discussion on the motion? All right. Hearing none, then Madam Clerk, if you'll call the roll, please. Ms. Mazzotti? No. Mr. Myers? Yes, on all of them except for number one. Ms. Scutchfield? No. Mr. Stennett? No, ma'am. Ms. Akers? Yes. Mr. Beard? Affirm no. Mr. Clark? Yes. Mr. Ellinger? I'm sorry? No. Thank you. Who? Mr. Farmer? No, ma'am. Mr. Ford? Yes. Ms. Gorton? No. Ms. Henson? No. Mr. Kay? Yes. And Mr. Lane? Yes. The motion fails. All right. That allows us to move on to resolutions for a first reading. Madam Clerk? I believe there's a motion to amend. There's a motion to amend by Councilmember Kaye. Thank you, Mayor. Yes. I move to amend Resolution Number 2 under first readings of resolutions pertaining to a price contract for hydraulic oil to change the name of the bidding entity to Woodford Oil instead of Elite Petroleum, Inc. So move. Second. Motion by Council Member Kay, seconded by Vice Mayor Gordon. Is there any discussion on the motion? All right. All in favor, please indicate by saying aye. Aye. Opposed, no. Motion carries. Okay. All right. Yes. Yes, sir. Madam Clerk. Yes, sir. Resolution number two as amended, a resolution accepting the bid of Woodford Oil, establishing a price contract for hydraulic oil for the Division of Facilities and Fleet Management. If you could just say that. Number three, a resolution accepting the bid of bluegrass uniforms in the amount of $35,715 for powered air purifying respirators for the Division of Emergency Management 911. Number four, a resolution accepting the bids of Advanced Turf Solutions Incorporated, Regal Chemical Company, John Deere Landscapes, Harrells LLC, and Residex LLC, establishing price contracts for golf course horticulture products for the Division of Parks and Recreation. Number five, a resolution accepting the bid of Triton Services incorporated in the amount of $218,440 for HVAC and piping repair for the Phoenix Building for the Department of General Services and authorizing the mayor on behalf of the urban county government to execute an agreement with Thriton Services Incorporated related to the bid. Number six, a resolution accepting the bid of Gomard Scientific Company in the amount of $31,601.58 for Tetherless Patient Simulator for the Division of Emergency Management 911. Number seven, a resolution accepting the bid of Premier Staffing Source Incorporated establishing a price contract for temporary labor for various divisions and authorizing and directing the mayor on behalf of the urban county government to execute any necessary agreement with Premier Staffing Source Incorporated related to the bid. Number eight, a resolution accepting the bid of G&J Pepsi Cola Bottling Company establishing a price contract for beverage products for the Division of Parks and Recreation. Number nine, a resolution authorizing the Division of Human Resources to make a conditional offer to the following probationary civil service appointments. Eric Reed, Security Officer, Grade 106N, 11.806, hourly in the Division of Facilities and Fleet Management, effective upon passage of counsel. Trina Jones, Staff Assistant Senior, Grade 108N, 14.612, hourly in the Division of Building Inspection, effective upon passage of counsel. Jody Whitaker, Code Enforcement Officer, Grade 113N, 18.922, hourly in the Division of Grants and Special Programs, effective upon passage of counsel. Thomas Thompson, Security Officer, Grade 106N, 15.130, hourly in the Division of Facilities and Fleet Management, effective upon passage of counsel. Catherine Reed, Staff Assistant Senior, Grade 108N, 13.502, hourly in the Division of Building Inspection, effective upon passage of counsel. Janelle Francis, Administrative Specialist, Grade 110N, 15.855, hourly in the Division of Accounting, effective upon passage of counsel. Paul Willard, Engineering Technician, Senior, Grade 113E204104, biweekly in the Division of Engineering, effective upon passage of counsel. Carrie Mason, Staff Assistant, Senior, Grade 108N, 13.906, hourly in the Division of Community Corrections, effective upon passage of counsel. Vena Taylor, Telecommunicator, Grade 111N, 16.438, hourly in the Division of Emergency Management, 911, effective upon passage of counsel. Dan James, Human Resources Analyst, Grade 115E, 1,98936, biweekly in the Division of Human Resources, effective upon passage of counsel. John Heig, Telecommunicator, Senior, Grade 113N, 18.526, hourly in the Division of Emergency Management, 9-1-1, effective upon passage of counsel. Raymond Brown, Telecommunicator, Senior, Grade 113N, 25.513, hourly in the Division of Emergency Management, 9-1-1. We had for a second lost our quorum, so we're wanting to be sure we have it back. So are there some more out there? Yeah, tell them to get in here. Please. Ask them. Well, we can't go on without a quorum, so we have to be sure. Thank you. Ten. We need ten. And now? Four, five, six, seven, eight, nine, ten. Now we have it with Bill Farmer in the back. Yes, ma'am. Now I have to remember. Okay. Picking back up on number nine, Raymond Brown, telecommunicator, senior, grade 113, N25.513, hourly in the Division of Emergency Management 911, effective upon passage of counsel, Gregory Stewart, skilled trades worker, senior, grade 112, N19.499, hourly in the Division of Community Corrections, effective upon passage of counsel, authorizing the Division of Human Resources to make a conditional offer to the following unclassified civil service appointment. Theo Hersey, Social Worker, Senior, Grade 113E, 2040, 104, biweekly in the Division of Youth Services, effective upon passage of counsel. Number 10. A resolution ratifying the probationary civil service appointments of Pam Whitaker, Administrative Specialist, Principal, Grade 114E, 2196, 16, Bi-weekly in the Division of Planning, effective April 8, 2013. Casey Durham, Equipment Operator, Senior, Grade 109, N, 13.03, 1, Ireland. The Division of Streets and Roads, effective April 1, 2013. Christopher Taylor, Planner, Senior, Grade 117, E, 1782, 96. Bi-weekly in the Division of Planning, effective April 8, 2013. Ratifying the Permanent Civil Service Appointments of James Sloan, Microcomputer Support Specialist, Grade 113, N, in the Division of Computer Services, effective March 11, 2013. James Duff, Equipment Operator Senior, Grade 109N, in the Division of Streets and Roads, effective March 10, 2013. Casey Durham, Public Service Worker Senior, Grade 107N, in the Division of Streets and Roads, effective March 10, 2013. Michael Thomas, Public Service Worker Senior, Grade 107N, in the Division of Streets and Roads, effective February 27, 2013. Ratifying the unclassified civil service appointments of TAMI Libanar CSEPP Management Part-Time, Grade 115N, $27. Hourly in the Division of Emergency Management, 911, effective April 25, 2013. And Glenn Brown, $27. And Glenn Brown, Deputy Chief Administrative Officer, Grade 122E, $3,500. Bywick, Office of the Chief Administrative Officer, effective March 4, 2013. of approving the voluntary demotion of Sam Williams from Director of Streets and Roads in the Division of Streets and Roads to Municipal Engineer Sr. in the Division of Engineering, effective April 8, 2013. Number 11, a resolution authorizing the Mayor on behalf of the Urban County Government to execute a designation of applicants agent resolution designating Cynthia A. Schuster, Administrative Officer Sr., Department of Finance, as the Urban County Government's authorized agent for the purpose of obtaining certain federal financial assistance under the Disaster Relief Act or the President's Disaster Relief Fund? That was the outcomes for the last worker? I don't know. I guess people said that. We have our quorum. Were you looking at it? No, there was some people that spoke. I think they're for walk-ons. Okay. All righty. Number 12, a resolution authorizing the mayor on behalf of the urban county government to execute an agreement awarding a Class B incentive grant for stormwater quality projects to the Southland Association Incorporated, $50,000, at a cost not to exceed the sum stated. Number 13, a resolution authorizing an extension to the timeline for completion for the 2012 sanitary sewer cleaning program by Leak Eliminators LLC to May 5, 2013 at no additional cost to the urban county government. Number 14, a resolution authorizing and directing the mayor on behalf of the urban county government to execute its certificates of consideration and other necessary documents and to accept deeds for property interests needed for the Newtown Pike 4th Street Sanitary Sewer Improvements Project at a cost not to exceed $35,100. Number 15, a resolution authorizing the Division of Water Quality on behalf of the Urban County Government to enter into an agreement with Delaney and Associates, a sole source provider, to purchase replacement parts for watering pump number two at Town Branch Wastewater Treatment Plant at a cost not to exceed $28,371. Number 16, a resolution authorizing the Mayor on behalf of the Urban County Government to execute amendment number one to the engineering contract with Bill Engineers for the Blue Sky Pump Station and Force Main Project, increasing the contract price by the sum of $66,500, from $157,495 to $223,995. Number 17, a resolution authorizing the mayor on behalf of the Irvin County Government to execute an agreement with Hilton Lexington downtown for the 2013 FEMA Chemical Stockpile Emergency Preparedness Annual Meeting had a cost not to exceed $16,000. Number 18, a resolution authorizing the mayor on behalf of the Irvin County Government to execute a letter of agreement with Lexington Air Traffic Control Tower for discrete transponder codes and radio telephony call signs for police aircraft. Number 19, a resolution authorizing the mayor on behalf of the Irvin County Government to execute an amendment to the memorandum of agreement with the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Resolution number 586-2012. Number 20, a resolution approving the use of a standardized agreement with the other jurisdictions for the exchange of occupational license fee information in accordance with confidentiality laws and restrictions and authorizing and directing the mayor on behalf of the Irvin County Government to execute the exchange of occupational license fee agreement with the Woodford County Fiscal Court and with any other jurisdiction which is authorized to enter into an agreement with the same material terms. 21. A resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute and submit a grant application to the Kentucky Department for Local Government and to provide any additional information requested in connection with this grant application, which grant funds are in the amount of $75,000 federal funds from the FY 2013 Land and Water Conservation Fund and are for construction of Berry Hillscape Park. 22, a resolution authorizing and directing the mayor on behalf of the urban county government to execute an agreement with the Living Arts and Science Center for use of funds from the Urban Development Action Grant repayment fund, $60,000, and the general fund, $20,000, for expansion of the Living Arts and Science Center at a cost not to exceed $80,000. 23, a resolution authorizing the mayor on behalf of the urban county government to execute agreements with food chain, $475. Vineyard Community Church Incorporated, $500. Robin Hood Neighbors Association, $500. And Board of Trustees of Victory Baptist Church, $25 for the office of the urban county council at a cost not to exceed the sums stated. Number 24. Development Block Grant Program $1,993,717, Home Program $945,596, and Emergency Solutions Grant Program $164,919, the acceptance of which obligates the urban county government for the expenditure of $231,953 from various funding sources as local cash match and $435,950 in-kind match, authorizing the mayor to transfer unencumbered funds within the grant budget and authorizing the mayor to execute agreements for the approved plan. Number 25, a resolution accepting the bid of Delta Natural Gas Company, incorporated in accordance with the provisions of Ordinance No. 34-2013, creating an offering for sale of franchise for the operation of a non-exclusive gas distribution system system in Fayette County, and authorizing the mayor on behalf of the Urban County Government to execute a franchise agreement with Delta Natural Gas Company, Incorporating the terms and conditions of Ordinance No. 34-2013. Number 26, a resolution accepting the bin of Columbia Gas of Kentucky, Incorporated in accordance with the provisions of Ordinance No. 34-2013, creating and offering the for sale a franchise for the operation of a non-exclusive gas distribution system in Fayette County, and authorizing the mayor on behalf of the urban county government to execute a franchise agreement with Columbia Gas of Kentucky Incorporated, incorporating the terms and conditions of Ordinance No. 34-2013-27. And Ordinance HQs begin a resolution accepting the bid of Clark Energy Cooperative Incorporated in accordance with the provisions of Ordinance No. 35-2013, creating an offering for sale a franchise for the operation of a non-exclusive electric generation transmission and distribution system in Bayek County. and authorizing the Mayor on behalf of the Urban County Government to execute a franchise agreement with Clark Energy Cooperative Incorporated, incorporating the terms and conditions of Ordinance No. 35-2013. Number 28, a resolution accepting the bid of Kentucky Utilities Company Incorporated in accordance with the provisions of Ordinance No. 35-2013, creating an offering for sale a franchise for the operation of a non-exclusive electric generation transmission and distribution system in Fayette County, and authorizing the mayor on behalf of the urban county government to execute a franchise agreement with Kentucky's company, incorporating the terms and conditions of Ordinance No. 35, 2013. 29. A resolution accepting the bid of Bluegrass Energy Cooperative Corporation in accordance with the provisions of Ordinance No. 35, 2013, creating an offering for sale, a franchise for the operation of a non-exclusive electric generation transmission and distribution system in Fayette County and authorizing the mayor on behalf of the Urban County Government to execute a franchise agreement with Bluegrass Energy Cooperative Corporation incorporating the terms and conditions of ordinance number 35, 2013. Number 30. A resolution authorizing and directing the mayor on behalf of the Urban County Government to accept a grant from the Kentucky Department of Military Affairs, Division of Emergency Management, which grant funds are in the amount of $857,300 federal funds, are for the continuation of the chemical stockpile emergency preparedness program for FY 2013, the acceptance of which does not obligate the Irvin County Government for the expenditure of funds in authorizing the mayor to transfer unengverged funds within the grant budget. Number 31, a resolution authorizing and direct to the mayor on behalf of the Irvin County Government to execute an amendment to agreement with the Bluegrass Area Development District to accept additional funding in the amount of $5,256 for operation of the Senior Citizen Center 32, a resolution authorizing and directed the mayor on behalf of the urban county government to execute change order number 3 to the contract with GRW Engineers, Incorporated for the investigation and design of the expansion area to a pumping station in Force Main, increasing the contract price by the sum of $37,840, from $462,350 to $500,190. Number 33, a resolution authorizing the mayor on behalf of the Irvin County Government to execute an encroachment agreement allowing an encroachment on a utility easement on property located at 1676 McGrathiana Parkway. Number 34, a resolution authorizing and direct to the mayor on behalf of the Irwin County Government to accept a grant from the Kentucky Transportation Cabinet, which grant funds are in the amount of $350,400 Federal Highway Administration Planning, $48,400 Federal Transit Administration Section 5303, $102,000, Mobility Office Surface Transportation Lexington, $54,000, Air Quality Planning Surface Transportation Lexington $67,200. Congestion Management Surface Transportation Lexington $52,800. Bike Ped Planning Surface Transportation Lexington federal funds are for the Division of the Planning Unified Work Program FY 2014, the acceptance of which obligates the Irwin County Government for the expenditure of $65,700. Federal Highway Administration Planning, $12,100 Federal Transit Administration, $25,500 Mobility Office Surface Transportation Lexington, $13,500 Air Quality Planning Surface Transportation Lexington, $16,800 Congestion Management Surface Transportation Lexington, and $13,200 Bike Ped Planning Surface Transportation Lexington as a local match subject to sufficient funds being appropriated in FY 2014 and authorizing the mayor to transfer unencumbered funds within the grant budget. And number 35, a resolution authorizing the mayor on behalf of the Irvin County Government to execute a release of easement releasing a streetlight easement on property located at 284 and 288 Summersley Place. Thank you. Thank you. I believe Councilmember Stennett has a walk-on. Thank you, Vice Mayor. I move to place on the docket under first reading of resolutions for April 11, 2013, a council meeting, a resolution to replace the failed cooling tower at 1795 Old Frankfort Pike. So move. And Council Member Peggy Henson seconded. Is there any discussion on the motion? All those in favor say aye. Aye. Okay. Will you, anybody opposed? Will you give that second, I mean, first reading? Number 36, a resolution authorizing the Division of Facilities and Fleet Management on behalf of the Urban County Government to replace the failed cooling tower at 1795 Old Frankfort Pike West Row Call by Baltimore Air Coil Company, a sole source provider at a cost not to exceed $31,996. dollars. Okay, are there any other walk-ons first? Okay, are there any motions to suspend? Councilmember Myers. Thank you, Vice Mayor. Make a motion to suspend the rules and give second reading to number 21, and that's so that we can get our grant submitted, and thank you very much. And then also 25 through 29, and that is because our franchise agreements will expire before the next meeting, I'm told, and so we need to go ahead and do a second reading on those tonight. Okay, so the motion is to suspend the rules and give second reading, and I believe I heard Council Member Scutchfield seconded to 21, 25, 26, 27, 28, 29, so we'll take those. All those in favor say aye. Aye. Anybody opposed? Thank you, Vice Mayor. All right, Council Member Stenick. Thank you, Vice Mayor. Number 36, because the cooling tower needs to be repaired. Second. Okay. All right. Council Member Stenet moved and Council Member Farmer seconded. Yes, ma'am. And number 36. All those in favor say aye. Aye. Anybody opposed? All right. Council Member K. Thank you, Vice Mayor. I move to suspend the rules for number 22. These are funds that were supposed to be allocated a while ago, and the paperwork got confused, and I think we ought to get to them as soon as possible. Thank you. Okay. Number 22, and Mr. Myers seconded that. George, got them all? All those in favor say aye. Aye. Anyone opposed? Okay. Councilmember Farmer. Could you do all the things? Thank you, Vice Mayor. Mine is a request to give a second reading to number 35. This is a release of easement for streetlights that lets the two properties go forward. So moved. Okay. Councilmember Farmer moved. Councilmember Myers seconded to give second reading to number 35. All those in favor say aye. Aye. Anyone opposed? All right. And you're welcome, Councilmember Akers. Thank you, Vice Mayor. I would like to ask for a second reading for numbers 23 and 31, please. Second. Okay, 23 and 31. And Council Member Myers seconded. Okay. All those in favor say aye. Aye. Anyone opposed? Are there any other motions? Okay, just to review, oh, the administration has some requests. Commissioner Jeff Reed. Thank you. I wanted to request a second reading for number five, the Phoenix Air Conditioning and Piping Repairs Project. Number five, and so someone on the council needs to make a motion. They took your motion. I just requested them. You even got a second. I appreciate that. Thank you. I'll move. So Council Member Lane moved. I'll second. Council Member Meyer seconded. It's pretty powerful, Commissioner. To give second reading to number five. All those in favor say aye. Aye. Anyone opposed? All right. Vice Mayor, there's one more. And number nine, which is our standard conditional offer resolution, we will need second reading for that one as well. Do I hear a motion? Second. Council Member Akers moved and Council Member Farmer seconded to give number nine second reading. All those in favor say aye. Aye. Anyone opposed? Are there any others from the administration or council members? Are there any left? So let's just review a second. We have number 5, number 9. We have numbers 21, 22, 23, 25, 26, 27, 28, 29, 31, 35, and 36. Did I miss anything? Do I hear a motion? Second. All those, oh, well, will you take the roll call, please? I need to give them second reading. I'm sorry. Yes, he moved to give them second reading. These people have already. I mean, I'm so sorry. You need to give them second reading. Yes, ma'am. Yes, ma'am. I have a motion on the main page. I'll take your motion. Spend the rules. No. No. We're going to ask the clerk to read the second reading. Make a motion as you read the second reading. Okay. We do not need a motion right now. I'd like the clerk to give second reading all of those. I can, but I can't get there quite quick enough. I know it starts with a resolution. I can say that that much. a resolution accepting the bid of Triton Services Incorporated in the amount of $218,440 for HVAC and piping repair for the Phoenix Building for the Department of General Services and authorizing the mayor on behalf of the Irvin County Government to execute an agreement with Triton Services Incorporated related to the bid. number nine, a resolution authorizing the Division of Human Resources to make a conditional offer to the following probationary civil service appointments. Eric Reed, Security Officer, Grade 106 N, 11.806, hourly in the Division of Facilities and Fleet Management, effective upon passage of counsel. Trina Jones, Staff Assistant Senior, Grade 108 N, 14 points. 612 hourly in the Division of Building Inspection, effective upon passage of council. Jody Whitaker, Code Enforcement Officer, Grade 113 N, 18.922 hourly in the Division of Grants and Special Programs, effective upon passage of council. Thomas Thompson, Security Officer, Grade 106 N, 15.130 hourly in the Division of Facilities and Fleet Management, effective upon passage of council. Catherine Reed, State Assistant Senior, Grade 108 N, 13.502 hourly in the Division of Building inspection effective upon passage of counsel. Janelle Francis, administrative specialist, grade 110N, 15.855 hourly in the Division of Accounting, effective upon passage of counsel. Paul Willard, engineering technician, senior, grade 113E, 204104, biweekly in the Division of Engineering, effective upon passage of counsel. Gary Mason, staff assistant, senior, grade 108N, 13.906 hourly in the Division of Community Corrections, effective upon passage of Council. Vina Taylor, Telecommunicator, Grade 111N, 16.438, hourly in the Division of Emergency Management, 9-1-1, effective upon passage of Council. Dan James, Human Resources Analyst, Grade 115E, 1,98936, biweekly in the Division of Human Resources, effective upon passage of Council. John Heig, Telecommunicator, Senior, Grade 113N, 18.526, hourly in the Division of Emergency Management, 9-1-1, effective upon passage of Council. Raymond Brown, Telecommunicator, Senior Grade 113 N25.513 hourly in the Division of Emergency Management 9111, effective upon passage of counsel. Gregory Stewart, skilled trades worker, Senior Grade 112 N19.499 hourly in the Division of Community Corrections, effective upon passage of counsel. Authorizing the Division of Human Resources to make a conditional offer to the following unclassified civil service appointment. Theo Hersey, Social Worker, Senior Grade 113 E204104, biweekly in the Division of Youth Services. Number 21. A resolution authorizing and directing the mayor on behalf of the urban county government to execute and grant and submit a grant application to the Kentucky Department for local government and to provide any additional information requested in connection with this grant application, which grant funds are in the amount of $75,000 federal funds from the FY 2013 Land and Water Conservation Fund and are for construction of Berry Hills Skate Park. Number 22, a resolution authorizing and directing the mayor on behalf of the urban county government to execute an agreement with the Living Arts and Science Center for use of funds from the Urban Development Action Grant repayment fund $60,000 and the general fund $20,000 for expansion of the Living Arts and Science Center at a cost not to exceed $80,000. Twenty-three. A resolution authorizing the mayor on behalf of the Urban County Government to execute agreements with food chain, $475. Vineyard Community Church Incorporated, $500. Robin Wood Neighbors Association, $500. And Board of Trustees of Victory Baptist Church, $25. For the office of the Urban County Council, it costs not to exceed the sums stated. Twenty-five. a resolution accepting the bid of Delta Natural Gas Company incorporated in accordance with the provisions of Ordinance No. 34-2013, creating an offering for sale of franchise for the operation of a non-exclusive gas distribution center in Fayette County, excuse me, system in Fayette County, and authorizing the mayor on behalf of the urban county government to execute a franchise agreement with Delta Natural Gas Company, incorporating the terms and conditions of Ordinance No. 34-2013. Twenty-six, a resolution accepting the bid of Columbia Gas of Kentucky, Incorporated in accordance with the provisions of Ordinance No. 34-2013, creating and offering for sale a franchise for the operation of a non-exclusive gas distribution system in Fayette County, and authorizing the mayor on behalf of the Irvin County Government to execute a franchise agreement with Columbia Gas of Kentucky, Incorporated, incorporating the terms and conditions of Ordinance No. 34-2013. Number twenty-seven, a resolution accepting the bid of Clark Energy Cooperative, Incorporated, In accordance with the provisions of Ordinance No. 35, 2013, creating and offering for sale a franchise for the operation of a non-exclusive electric generation transmission and distribution system in Fayette County and authorizing the mayor on behalf of the Urban County Government to execute a franchise agreement with Clark Energy Cooperative, incorporating the terms and conditions of Ordinance No. 35, 2013. 28. A resolution accepting the bid of Kentucky Utilities Company, incorporated in accordance with the provisions of Ordinance No. 35, 2013, creating an offering for sale at Franchise for the operation of a non-exclusive electric generation, transmission, and distribution system in Fayette County, and authorizing the mayor on behalf of the Irvin County Government to execute a franchise agreement with Kentucky Utilities Company, incorporating the terms and conditions of Ordinance No. 35, 2013. 29. A resolution accepting the bid of Bluegrass Energy Corporation in accordance with the provisions of Ordinance No. 35, 2013, creating and offering for sale a franchise for the operation of a non-exclusive electric generation transmission and distribution system in Fayette County and authorizing the mayor on behalf of the urban county government to execute a franchise agreement with Bluegrass Energy Cooperative Corporation incorporating the terms and conditions of ordinance number 35-2013. Number 31. A resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute an amendment to agreement with the Bluegrass Area Development District to accept additional funding in the amount of $5,256 for operation of the Senior Citizens Center. 35. A resolution authorizing the mayor on behalf of the Irvin County Government to execute a release of easement, releasing a streetlight easement on property located at 284 and 288 Summersle Place. And 36, a resolution authorizing the Division of Facilities and Fleet Management on behalf of the Urban County Government to replace the failed cooling tower at 1795 Old Frankfort Pike West Row Call by Baltimore Air Coil Company. A sole source provider at a cost not to exceed $31,996. Now we're ready for a motion. Mr. Lane. Move approval. All right. Council Member Stenet moved and Council Member Myers seconded. Will you call the roll, please? Absolutely. Take the vote. Yes, ma'am. Ms. Mazzotti? Mr. Myers? Yes. Ms. Scutchfield? Yes. Mr. Stenet? Yes, ma'am. Ms. Akers? Yes. Mr. Beard? Aye. Mr. Clark? Yes. Mr. Ellinger? Yes. Mr. Farmer? Yes, ma'am. Mr. Ford? Yes. Ms. Gorton? Aye. Ms. Henson? Yes. Mr. Kay? Yes. And Mr. Lane? Yes. Thank you. Thank you. Those items passed unanimously. 13-0. Do I hear a motion on communications from the mayor? Move approval. Mr. Farmer moves and Mr. Myers seconds. All those in favor, please say aye. Aye. Anyone opposed? All right. And we have communications for information only. And I would like to go ahead and ask a question about this, Commissioner Mason. I meant actually to ask it on Tuesday at work session. And I've noticed for the first time in a long time there are quite a few police and firefighters who have resigned. They are recruits for the most part. Okay, they're recruits who dropped out of the class. They are recruits who dropped out of the class. On police, there are three recruits and then one officer who resigned. You're all familiar with that situation. fire two recruits, one resignation for personal reasons, and one resign to relocate to far western Kentucky as well. I've got a job down there. I appreciate that. Council members, do you have any more questions on the communications? Are there any announcements? Council Member Kay. Thank you, Vice Mayor. I just want to make a comment on a vote that was taken tonight. And I know that's risky, but I'm going to risk it anyway. So before this particular thing sinks ignobly beneath the waves, I want to let people know that the resolution that got defeated was a resolution about changing the rules of council that would streamline the reading, the first and second readings, of ordinances and resolutions. By my count, there were 22 employees of the urban county government in chambers when the reading began. There are still 19 present. It took 45 minutes. What would have been different, I have the docket from Thursday, March 21st, the last time we were in session before the break. I want to read to you the resolutions that would not have been read at that meeting had these rules been in place. Number 1, number 4, number 5, number 17, number 18. Number 21, number 24, number 25, number 30, number 31, number 32, number 34, number 35, number 36. I can't read as fast as the clip. Number 37. So I understand that there were concerns and legitimate ones about questions of record keeping, loss of counsel prerogative, and other issues of transparency. I saw them differently. But if we leave those aside just in terms of efficiency, I think this was an unfortunate vote. And I hope that within the next year or two, we'll actually be able to bring this particular way in which Council functions to be a little more effective and efficient for our citizens. Thank you, Vice Mayor. You are welcome. Council Member Henson. Thank you, Vice Mayor. I just wanted to remind everyone of the I Know Expo that is Sunday from 12 till 6, I believe, at the Lexington Center. So if you have a senior parent or someone you're caring for, if you're a senior yourself, and you just want to know what services are available, it will be a great opportunity. So thank you, Vice Mayor. You're welcome. Council Member Akers? Thank you, Vice Mayor. There's a couple of events happening this weekend that I wanted to share. One is Reforest the Bluegrass. That's one of my favorite events of the year, and that will be happening, let's see, out in Councilmember Lane's district, out Briar Hill Road, and that begins on Saturday morning at 9 o'clock. also this weekend Saturday is the Now What? Lexington Unconference that will be held at the Carnegie Center and that begins at 10 a.m. and so there's a lot going on and I hope everybody finds something to do thank you any other council announcements and I believe there's no one for public comments all those in favor say aye aye anybody opposed we are adjourned have a good weekend Thank you.
