# Urban County Council Meeting - May 2, 2013 > Auto-transcribed civic record · May 2, 2013 - **Permalink**: https://meetings.lexingtonky.news/meeting/2974 - **Source video**: https://lfucg.granicus.com/player/clip/2974?view_id=14&redirect=true - **Date**: 2013-05-02 - **Last revised**: May 2, 2013 - **Length**: 9,912 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). --- ## Meeting Overview The Lexington-Fayette Urban County Government held a meeting on May 2, 2013, at 6:00 PM in the Council Chambers in Lexington, Kentucky. Vice-Mayor Linda Gorton presided over the session. The council considered four agenda items, all of which were approved: a zone change for 1060 Cross Keys Road, a Solid Waste-Landfill Fee Amendment, a Telecommunications Franchise agreement, and Budget Amendments. The meeting included three motions and votes, with no public comments heard during the session. ## Attendance **Present:** Linda Gorton, Scutchfield, Stinnett, Akers, Beard, Clarke, Ellinger, Farmer, Ford, Henson, Kay, Lane, Lawless, Myers **Absent:** Mossotti **Late:** None ## Votes and Decisions **Ordinance 0423-13: Amending Budgets for Economic Contingency Appropriations** [timestamp: 0:10:33] Motion by Farmer, seconded by Kay. This ordinance was **tabled** by roll call vote with 8 ayes and 6 nays. Voting in favor were Farmer, Kay, Akers, Beard, Clarke, Ford, Lawless, and Scutchfield. Voting against were Myers, Lane, Ellinger, Gorton, and Henson. The matter is scheduled for discussion at the August 2013 meeting. **Resolution 0424-13: Adopting the Council's April 23, 2013 Fund Balance Worksheet** [timestamp: 0:30:11] Motion by Farmer, seconded by Kay. This resolution **failed** by roll call vote with a 7-7 tie. Voting in favor were Farmer, Kay, Akers, Beard, Clarke, Ford, and Lawless. Voting against were Myers, Lane, Ellinger, Gorton, Henson, and Scutchfield. **Resolution 0412-13: Accepting Bid for Mold Remediation - Downtown Arts Center** [timestamp: 1:05:27] Motion by Akers, seconded by Farmer. This resolution **passed** unanimously by a vote of 13-0. All members voted in favor: Scutchfield, Akers, Beard, Clarke, Ellinger, Farmer, Ford, Gorton, Henson, Kay, Lane, Lawless, and Myers. ## Budget and Financial Actions The meeting approved four contracts totaling $968,667.77 in financial commitments: **Secondary Digester Blend Tank Damaged Cover Demolition and Removal** - Amount: $26,500 - Vendor: MCM Demolition, Inc. - Resolution: 0393-13 **Grimes Mill Rd. Bridge Replacement at Boone's Creek** - Amount: $643,172.59 - Vendor: Bush and Burchett, Inc. - Resolution: 0401-13 **Shillito Park Construction of Sports Fields** - Amount: $249,895.18 - Vendor: Woodford Excavation and Transport - Resolution: 0414-13 **Conversion of Stockroom to Office Space** - Amount: $49,100 - Vendor: Wood Connection, LLC - Resolution: 0415-13 ## Appointments Barry L. Hays was appointed to the Masterson Station Park Advisory Board. ## Contested Items Two items generated significant disagreement among council members during this meeting. **Economic Contingency Appropriations** The council voted on a motion to table the ordinance for Economic Contingency appropriations. The motion passed with a narrow vote of 8-6, indicating divided opinion on how to proceed with this appropriations measure. [timestamp: information not provided] **Fund Balance Worksheet** A motion to amend the Fund Balance Worksheet resulted in a deadlocked vote of 7-7, with council members evenly split on the proposed amendment. The failed motion reflected substantial disagreement over the worksheet's contents or structure. [timestamp: information not provided] ## Zone Change for 1060 Cross Keys Rd. **Ordinance 0378-13** proposed changing the zoning designation for 1060 Cross Keys Rd. from Professional Office (P-1) to Planned Neighborhood Residential (R-3) for 4.09 acres. [timestamp: 0:02:39] **Key Speakers** The discussion involved Farmer, Lane, and Kay. **Outcome** The ordinance was approved. ## Solid Waste-Landfill Fee Amendment **Ordinance 0313-13** proposed an amendment to Section 16-16.1 to establish Schedule E, which sets the solid waste-landfill fee for dumpster containers at $12.05 per container per month. [timestamp: 0:02:39] The discussion involved speakers Farmer, Lane, and Kay. The ordinance was presented and considered by the body. The proposal was approved. ## Telecommunications Franchise The Council considered ordinance 0387-13, which would create a non-exclusive telecommunications franchise with a 12-month duration and an extension option [timestamp: 00:02:39]. **Key Speakers** The discussion involved Council members Farmer, Lane, and Kay. **Outcome** The ordinance was approved. ## Budget Amendments **Ordinance 0421-13** presented an ordinance to amend certain municipal budgets to reflect current requirements for municipal expenditures. [timestamp: 02:39] The discussion included remarks from Farmer, Lane, and Kay. The ordinance was presented for consideration and deliberation by the governing body. The ordinance was approved. --- ## Decisions - **Ordinance 0423-13** — tabled (8-6): Amending budgets for Economic Contingency appropriations - **Resolution 0424-13** — failed (7-7): Adopting the Council’s April 23, 2013 Fund Balance Worksheet - **Resolution 0412-13** — passed (13-0): Accepting bid for Mold Remediation - Downtown Arts Center --- ## Full transcript and this is the meeting of the Lexington Fayette Urban County Council. Welcome everyone. And we will start with the roll call. Meredith. Yes, ma'am. Ms. Scutchfield? President. Mr. Stenna? Yes, ma'am. Ms. Akers? Yes. Mr. Beard? Present. Mr. Clark? Here. Mr. Ellinger? Here. Mr. Farmer? Here. Mr. Ford? Here. Ms. Gordon? Here. Ms. Henson? Here. Mr. Kay? Here. Mr. Lane? Here. Ms. Lawless? Here. Ms. Massadi? Mr. Myers? Here. Thank you. Thank you very much. Next I'd like to introduce Jonathan Smith, who is going to give our invocation. Jonathan is a local pastor and an entrepreneur, and I invite him to the podium to offer our invocation. It's an honor to be here with you tonight. Pray with me, please. Father, we pause this evening, give you glory for who you are, and offer gratitude, Father, for inviting us into the beautiful story that you have been writing throughout human history. God, we are so humbled by your presence this evening and so grateful for all of those who are here and who are eager to serve this city with excellence. Father, we thank you that you have revealed to us and demonstrated for us that both authority and love can coexist. And Lord, I pray for the Urban County Council this evening as they strive to embody the loving leadership, Lord, that originates in you. Father, we thank you for the city. We thank you for the people within it. Lord, I ask on behalf of the citizens here that you would continue to give us the humility and the courage that we need to faithfully and joyfully submit to the leadership manifested in this room. Father, I pray that you protect us and strengthen us as we learn to love one another. Lord, thank you for your word, your provision, your guidance for us. And ultimately, Lord, we thank you for the one that fulfills the standards that you have that we cannot. And it is in his name, the name of Jesus, that I pray. Amen. Thank you very much, Pastor Smith. You are certainly welcome to stick around, or if you need to scoot out, we understand. Thank you. I'll ask the clerk to give second reading to ordinances, please. Ordinance number one, an ordinance changing the zone from a professional office P1 zone to a planned neighborhood residential R3 zone for 4.09 net and gross acres for property located at 1060 Cross Keys Road, AU Associates Incorporated, Council District 11. Number two, an ordinance amending Section 1616.1 of the Code of Ordinances to create Schedule E, setting the solid waste landfill fee for dumpster containers, two cubic yards, at $12.05 per container per month. Number three, an ordinance creating and establishing for bid a non-exclusive telecommunications franchise for the placement of facilities for the generation, transmission, distribution, and sale of telecommunications services within the public rights of way of Fayette County for a 12-month duration with an additional extension of time not to exceed six months if a long-term franchise is not offered prior to expiration, and providing for compliance with other relevant laws, regulations, standards, and ordinances, definitions, work, materials, and construction standards, wire moving and tree trimming, performance bonds, indemnification, insurance, access to property and inspections, notice of filings with the Public Service Commission, no vested rights, limited assignment, notice of foreclosure and bankruptcy, cancellation or termination, violations and penalties, permitting and inspection fees, additional permitting and other requirements for substantial new construction, and bid requirements, all effective on date of passage. Number four, an ordinance amending certain of the budgets of the Lexington-Fayette Urban County Government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds. Schedule number 50. I believe there's a motion on number five. Council Member Farmer has a motion. Vice Mayor, I'm about to bring a motion to the table that will be unfortunately non-debatable, but I tried to lay groundwork for this during our work session on Tuesday, And this merely is a motion to provide opportunity for the Council to discuss whether or not to double from $4 to $8 million the amount to put in the Economic Contingency Fund. The Mayor's proposed budget, or really the ordinance, provides that we put at least $4 million in there. The tabling of this motion would provide that the additional 1.3 followed by the additional 2.7 will be placed into the Budget Finance Committee so we can hopefully deal with it after the budget is done rather than before. And I have not made the motion yet. If there's other commentary, I'd prefer to hear it now before the motion is made, or do you want me to go ahead and make it? Well, since there is no motion on the floor for discussion, which we can't discuss this, I mean. I think I would welcome any commentary. Council Member Lane? Is that okay with Council Members? Yes. Thank you, Vice Mayor. Well, actually, I have an overhead presentation. It's very short. Okay. Mr. Lane, excuse me. Your five minutes will be in force. Yes, ma'am. That's fine. I understand. I don't think this is going to take five. But I merely wanted to point out that if you look at the actual revenue and expenditures of the urban county government from fiscal year 2009 through fiscal year 2012, and this is based on the comprehensive annual financial report that is audited by our accountants, we had an operating deficit in 2009 of $69 million approximately, $42 million deficit in 2010. $2.5 million in 2011 and $16.9 million. Now this deficit referred there is the difference between the revenues that were generated by the Irvin County Government and the amount of money that we spent. In order to make up that deficit, we had to have other financing available, and that primarily was general obligation bonds. The purpose of my showing this is I feel that we need to put as much money as possible in our contingency account in order to have that money available in case we have shortfall in the coming fiscal year. If you could go to the next sheet on this very quickly. If we put in the $22.5 million that the Council voted 9 to 6 to put on the docket, that would be equivalent to 7.8% of the general fund budget. And in 2012, it was 6.7%. Next sheet, please. Okay, if the economic contingency balance, if we put in the additional funding, is $22.5 million, the average budget for the Erden County government on a daily basis is $797,000. That's the equivalent of having 28 days' worth of operating budget for the government, and I feel like that's a pretty conservative number. The next sheet, please, shows the amount of the general obligation bonds, and from 2003 to 2012, we've gone from $119.7 million in bonded debt to $315.7 million. And the amount per capita has gone from $447 per person to $1,046 per person in Fayette County. Next sheet, please. The standard and poorest guidance, which I gave out at our planning meeting for the budget about a week or so ago, the two points there, a proactive budget and liability planning, strong liquidity management, and establishment of reserves are among the factors that the strongest insurers have. And the issuers are the ones that are issuing the bonds. So in rating the city, for example, having a larger reserve will give us a much stronger rating. And the use of budget stabilization reserves is not in and of itself a credit weakness. To infer that to have money saved as a credit weakness is not bad. and reserves are put in place to be used, the lending agencies feel that using the money when we need it is a plus because we can stimulate our economy when we have a low downturn, when we have money available to maintain the operations. And my last comment is that with regard to pulling the money out of the account, The economic contingency ordinance withdrawal procedures provide an exception for countywide declared emergencies, and that would be one way, and the other way would be that a change of the economic contingency ordinance could be made by a majority vote of council so we could change the ordinance at any time. And these are the points that I think were discussed the other night, and I felt that I just wanted to counter this information. I feel that we can't be too fiscally responsible in this current economic environment, and to merely have 7.8 percent of our annual general fund budget and our contingency account as a reserve is very conservative. Thank you. You are welcome. I see Mr. Farmer on the screen. Is there anyone else who wishes to comment? Mr. Farmer, were you going to comment or make? I was going to make the motion, but I can wait. I think this is a good thing to have some commentary beforehand. Councilmember Kay. Thank you, Vice Mayor. Just briefly, I believe that this data that you presented, Mr. Lane, is really the reason why I think the motion is appropriate. I have some questions about the way in which the structural imbalance is described and the underlying reasons why we have had in the past a structural imbalance, and at present we do not. We haven't had that conversation. We haven't really figured out what was going on with the budget in previous years and what's going on now. And there's a lot of other data in here that I'd like to have a chance to digest. The other comment I would make is that it may be oversimplifying it, but why we would place into a fund $4 million to earn less than 1% and then at the same time be increasing our bonded indebtedness, which you refer to here, at I don't know what it might be, what we're going to pay for bonds on the market, somewhere between 2% and 3%. So there's a cost to government to do that, to put the money in a fund in a place where it's earning less than a percent, and then to go out and borrow money at a higher percentage. That, to me, does not seem to make sense. Thank you, Vice Mayor. Welcome. Council Member Beard. Thank you, Vice Mayor. I find no fault with any of this so far, except for one thing. I'd like to know how much of those bonds were general obligation and how many were revenue bonds. Do you have that, Ed? Yes, sir. Those are only the general obligation bonds. Oh, really? That does not include the other bonds. We have about $500 million in total indebtedness based on the current CAFRA. And may I make another comment? Will you object? Sure. I was going to say that if you have $300 million and the interest rate goes up 1% on your bonds, then you're talking about a $3 million interest cost just on that alone. Now, that would not occur at all at one time, but if you try to refinance or you took on new debt, that would increase your debt. So the money that we have is $20 million, but if it will save you $3 million or maybe a half a year in interest rate when you issue new bonds, you get a payback on that. Thank you, Vice Mayor. You're welcome. Council Member Clark. Thank you, Vice Mayor. I've thought a lot about this. This has been on my mind ever since we passed it to put it on the docket. And I have come to the conclusion, and as a new Council Member, I'm not sure how much my opinion matters at this point, particularly when it comes to budget matters. But I am absolutely convinced. I'm absolutely convinced that we would be making a very serious mistake not to study this issue further. I am absolutely convinced of that, and I cannot tell you how strongly I feel about that. I'm one vote, I'm one voice, and somewhat naive in approaching this situation, but I think that's one of the reasons I feel so strongly, is that I simply have not had time to think about this and think about it seriously. It came up quickly, and it was a bit precipitous, even though wonderful motives. And I have no problem with that, except I'm not sure that we don't have a lot of other uses for this money that we really need to think carefully about this. So I would like to just simply go on record about my feelings and that if we can delay this some, so to give us more time to think about it. There's no great hurry of which direction we go. So I would certainly think a motion would be in order and would certainly support it. Thank you, Vice Mayor. Thank you. Are there other council members who have comments? No. Councilmember Farmer. Thank you, Vice Mayor. This, as has been said, does not spend the money. It just provides us the opportunity to study what is the best use for it. And I think you have to take into account what something costs and what you get provided for it. And I think this would cost us a great deal of opportunity on the front end of our budget deliberations that we might use these funds in the reserve account discussion, which is another discussion that's been placed in the Budget Finance Committee. We're talking about having different kinds of reserves for the first time and using them in very appropriate ways. Having laid that background down, I would hereby move to table ordinance number 5 under second reading of ordinances and place it into the Budget Finance Committee for further discussion. Okay. We have a motion by Council Member Farmer, and I believe I heard Council Member Kay second it, to table number five under ordinances and place it into budget and finance committee. That's a good question. Timing? If you have a technical question about the motion, but the motion is non-debatable. I think we can ask about timing. And putting in budget and finance, I guess, how long, What is the expectation that it's going to sit there or come out? And I guess as the chair of the budget finance, what would be the expectation, yes, that we bring this back out? I think your next meeting would be in June, right? Actually, it won't be until August. But we've got. Our budget committees of the whole will be finished, correct? And so it may be in June. Well, we have switched that with planning, so actually our budget meeting is the 11th, and we won't be because we switched those days. But to more directly answer your question. And I think we're actually going to be using both of those meetings on the 11th for budget preparation for this fiscal year, so we won't be meeting until August 29th, I think is what I looked. Actually, August 27th. So that's what the motion would imply is the next. I spoke with the vice mayor earlier on this. She indicated the next meeting would be in August. It would be the first meeting after the budget is complete, and I think that gives us plenty of time to do the research and make a decision at that point, so until the August meeting. Yes, sir. Okay. Thank you. Okay. Did you have a technical question, Council Member Lawless? Yes. I'm wondering if this wouldn't be two motions, one to table it from this meeting until? I think one motion is fine. because normally when a motion is made to table, it says when it will be brought back or somehow attended to. Okay. I'm going to ask for an electronic vote, please. So the motion is to table number five under ordinances and to place it into the next budget and finance committee. Does that reflect your motion, Mr. Farmer? Yes, ma'am. Okay. And so if all those in favor will say aye and sign in likewise, please. Aye. All those opposed, same sign. We need one more vote, do we not? Someone hasn't voted. Council Member Ford? He's thinking. Okay, that motion passes 8 to 6, so that number 5 will be tabled until the next budget and finance meeting. Thank you very much. do i hear a motion for ordinances we we need to continue our business do i hear a motion to approve the ordinances council member henson moved council member k seconded um all those in favor say aye and we'll take the voice vote this will be a roll i mean the roll call vote. Thank you. Ms. Scutchfield? Mr. Stenet? Ms. Akers? Mr. Beard? Aye. Mr. Clark? Yes. Mr. Ellinger? Yes. Mr. Farmer? Yes, ma'am. Mr. Ford? Yes. Ms. Gordon? Aye. Ms. Henson? Yes. Mr. Kay? Yes. Mr. Lane? Yes. Ms. Lawless? Yes. And Mr. Myers? Yes. Thank you. Thank you. Those ordinances pass 14-0. Now we'll have first reading of ordinances, please. Ordinance No. 6, an ordinance amending certain of the budgets of the Lexington-Fayette Urban County Government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds, Schedule No. 51. And No. 7, an ordinance amending Article 5-1A of the Zoning Ordinance to provide for right of entry and administrative warrants related to zoning enforcement. Are there any further motions for first reading of ordinances? Okay, seeing none, will you go ahead and take the second reading of resolutions? Excuse me. A resolution accepting the bid of Amtech establishing a price contract for maintenance of outdoor warning sirens for the Division of Emergency Management 911. Number four, a resolution accepting the bid of Black Hawk Enterprises, Inc. and Intelligent Transportation Services, Inc., establishing price contracts for digital switch and camera equipment for the Division of Traffic Engineering. Number five, a resolution accepting the bid of Bush and Burchett, Inc., in the amount of $643,172.59 for the Grimes Mill Road bridge replacement at Boones Creek for the Division of Grants and Special Programs and authorizing the mayor on behalf of the urban county government to execute an agreement with Bush and Burchett, Inc. related to the bid. Number six, a resolution accepting the bid of Lexington Motor Group, LLC, doing business as bluegrass towing, establishing a price contract for towing services for the divisions of police and code enforcement, the Department of General Services, and the parking authority. Number seven, a resolution accepting the bid of Woodford Excavation and Transport in the amount of $249,895.18 for Shillitoe Park construction of sports fields for the Division of Parks and Recreation and authorizing the mayor on behalf of the Urban County Government to execute an agreement with Woodford Excavation and Transport related to the bid. Number eight, a resolution accepting the bid of Wood Connection LLC in the amount of $49,100 for conversion of stockroom to office space for the Division of Waste Management. Number nine, a resolution ratifying the probationary civil service appointments of Paula Williams, Human Resources Manager, Grade 119E, 2500.88 biweekly in the Division of Human Resources, effective April 8, 2013, Melissa Polly, Information Systems Specialist Senior, Grade 114E, 1,740.96 biweekly in the Division of Police, effective April 15, 2013, Edmund Chaney, Parks and Recreation Maintenance Superintendent, Grade 119E, 3,150.72 in the Division of Parks and Recreation, effective April 22, 2013. Ratifying the permanent civil service appointments of Roger Wright, attorney senior, Grade 121E, in the Department of Law, effective March 17, 2013. Garrett Harper, computer analyst, Grade 115E, in the Division of Computer Services, effective April 8, 2013. Ratifying the probationary sworn appointment of Nathaniel Muller, police sergeant, Grade 315N, 28.588, hourly in the Division of Police, effective upon passage of council. Ratifying the approved council leave for Barry Privet, Administrative Specialist, Grade 110N, in the Division of Police, 90-day council leave, effective April 9, 2013. Donald Langfels, Equipment Operator Senior, Grade 109N, in the Division of Waste Management, 90-day council leave, effective April 15, 2013. Ratifying the unclassified civil service appointment of Caitlin Kearns, Staff Assistant Senior, Grade 108N, 11.946 hourly in the Division of Parks and Recreation, effective April 22, 2013. Number 10, a resolution authorizing the mayor on behalf of the Urban County Government to execute an agreement with West Publishing Corporation for West Law Clear Information Search Services for collection efforts in the Division of Revenue at a cost not to exceed $3,300 in fiscal year 2014, subject to appropriation of funds. Number 11, a resolution authorizing the mayor on behalf of the Urban County Government to execute agreements with medical compliance services for compliance and auditing services related to HIPAA at a cost not to exceed $7,200. Number 12, a resolution authorizing the mayor on behalf of the Urban County Government to execute a master service agreement with Time Warner Cable for high-speed Internet service at a cost not to exceed $16,706.40. Number 13, a resolution authorizing the mayor on behalf of the Urban County Government to accept a donation from Mary Beth Moore of Etobiano Paint Mayor, Sam's showgirl, Sammy, for the equestrian program at Masterson Station Park at no cost to the Urban County Government. Number 14, a resolution authorizing and directing the mayor on behalf of the urban county government to accept a grant from the Lexington Fayette County Health Department, which grant funds are in the amount of $479,952 federal funds, are for the home network project at the Family Care Center, 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 15, a resolution authorizing the mayor on behalf of the urban county government to execute facility usage agreements with various youth baseball leagues. Number 16, a resolution authorizing the mayor on behalf of the Irving County Government to execute an agreement awarding a Class B incentive grant for stormwater quality projects to the fountains at Andover Brookfield LLC at a cost not to exceed $203,944. Number 17, a resolution authorizing and directing the mayor on behalf of the Irving County Government to accept a grant from the National Council on Crime and Delinquency, which grant funds are in the amount of $33,134 federal funds, are for a Prison Rape Elimination Act project at the detention center, 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 18, a resolution of authorizing the mayor on behalf of the urban county government to accept a donation from the Citizen Police Academy Alumni Association of Travel Expenses for use by the motorcycle unit to travel to Police Memorial Week in Washington, D.C. at no cost to the urban county government. Number 19, a resolution changing the street names of 6291 Jack's Creek Pike to 6291 Old Jack's Creek Road and of 3454 Maddox Lane to 3454 Brilliant Lane, changing the property address numbers of 5925 Parker's Mill Road to 5954 Parker's Mill Road, of 3316 Buckhorn Drive to 3318 Buckhorn Drive, of 429 Georgetown Street to 431 Georgetown Street, and of 2499 Nicholasville Road to 2483 Nicholasville Road, and changing the street names and property address numbers of 5708 for Sales Road to 5924 Parker's Mill Road, of 1624 Old Paris Road to 139 East New Circle Road, of 1799 Battery Street to 2389 Patch and Wilkes Drive, and of 127 and 129 North Limestone to 101 West Short Street, all effective 30 days from passage. Number 20, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute certificates of consideration and other necessary documents and to accept deeds for property interest needed for the 4th and Jefferson signalization project at a cost not to exceed $4,000. Number 21, a resolution authorizing the mayor on behalf of the urban county government to execute an agreement with the Kentucky Office of Homeland Security for extension of the fiscal year 2011 Metropolitan Medical Response System, MMRS, project through December 31, 2013 at no cost to the urban county government. Number 22, a resolution authorizing the mayor on behalf of the urban county government to execute a release of easement releasing a temporary pump station easement on property located at 2108 Stedman Way. Number 23, a resolution authorizing the mayor on behalf of the Urban County Government to execute a partial release of easement releasing a portion of a drainage easement on property located at 821 Lockmere Place. Number 24, a resolution authorizing the mayor on behalf of the Urban County Government to execute a contract with Davie Resource Group for an urban tree canopy survey and planting plan at a cost not to exceed $42,300. Number 25, a resolution authorizing the mayor on behalf of the Irving County Government to execute a contract agreement with Red River Ranch LLC for composting services for yard waste and organics at Haley Pike Composting Facility at prices not to exceed those submitted in response to RFP 4-2013. Number 26, a resolution amending Resolution No. 288-2011 as previously amended by Resolution No. 117-2013 to change the period of time for the local incentive provided to Tempur-Pedic International Incorporated and its approved affiliates to five years. Number 27, a resolution amending Section 1 of Resolution No. 146, 2013, correcting the salary of Vina Taylor Telecommunicator, Grade 111N, from 16.438 hourly to 17.401 hourly in the Division of Emergency Management 911, effective April 11, 2013. Number 28, a resolution authorizing the Mayor on behalf of the German County Government to execute an agreement awarding a Class B incentive grant for stormwater quality projects to J.M. Smucker, LLC, at a cost not to exceed $350,000. Number 29, 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 Lexington Habitat for Humanity, Incorporated, at a cost not to exceed $148,169. I believe Mr. Farmer has a motion regarding resolution number 30. Thank you, Vice Mayor. This is a follow-up motion to the previously tabled one. This would be to amend the worksheet. This would be a debatable motion. I hereby move to amend Resolution No. 30 under second reading of resolutions, which pertains to the Council adopting the April 23, 2013 Fund Balance Worksheet to remove the additional economic contingency appropriation in the amount of $4,072,627 from the worksheet. This is not a material change, and the amended resolution does not require a new first reading. So moved. Do I hear a second? Second. Councilmember Kay seconds. So this is debatable. Is there any debate? Seeing none, we'll take a roll call, I mean an e-vote, electronic vote, please. All those in favor of amending number 30 as moved, please say aye and log in. Aye. Anyone opposed? No. Okay. We need another vote, I believe. Okay. So that vote fails with a vote of 7 to 7, and I would ask Mr. Barbary to just speak to the implications of the ordinance passing and the resolution. There really aren't any because the resolution is your stated intent on how you're going to do the appropriations. All of those things in there have a budget amendment that went with them, which you would be voting on, obviously the one tonight you tabled. So it looks inconsistent, but the actual substantive impact is none. So the resolution stands as written? Yes, you can just go ahead and adopt it. Because it was your plan for how those funds would be appropriated. Now by doing the ordinance differently, you've changed your plan as to that particular item. Okay. Madam Clerk, would you like to read number 30 and on? Number 30, a resolution adopting the Council's April 23, 2013 fund balance worksheet as the planned basis for the use or expenditure of these funds by the urban county government. Number 31, a resolution initiating various zoning ordinance text amendments to allow greater flexibility to the use of mobile food unit vendors as accessory uses in the wholesale and warehouse business B4 zone, industrial I1 and I2 zones, and the economic development ED zone. Number 32, a resolution authorizing and directing the Division of Traffic Engineering pursuant to Code of Ordinances Section 1886 to install multi-way stop controls at the intersection of McDonald Avenue and Hiltonia Park. All right. Thank you very much. Do I hear a motion to approve the second reading of resolutions? So moved. Do I hear a second? All right. Who was the mover, please? The mover was Council Member Ellinger. The seconder was Myers. Thank you. Council Member Myers. Will you call the roll, please? Ms. Scotchfield? I'm sorry. No. If you have one resolution you want to vote no on, you specify which one. Unless you want to vote no on all of them. I do not want to vote no on all of them. I apologize. That's okay. Okay. All right, 56. It's the first reading. That's probably. Yes on all but 30. Thank you. We'll reflect the nay vote in the minutes. Mr. Stennett? Yes, ma'am. Ms. Akers? Yes. Mr. Beard? Aye. Mr. Clark? Yes. Mr. Ellinger? Mr. Ellinger? Yes, and all no 130. Thank you. Mr. Farmer? Do you want to vote no on 30? Yes on all. Mr. Ford? Yes. Ms. Gorton? Aye. Ms. Henson? No on 30 and yes on the rest. Thank you. Mr. K? Yes. Mr. Lane? Yes on all except no on 30. Thank you. Ms. Lawless? Yes on 30 and all the rest. Thank you. Mr. Myers? No on 30, yes on the rest. Okay, thank you. There were five no-botes on number 30. Okay. So number 30 passed, that would be 9 to 5. 9 to 5. And then everything else passed 14-0. Correct. All right. Thank you. Will you go ahead and give first reading to the resolutions? Yes, ma'am. Number 33, a resolution accepting the bid of Rainbow International of Lexington in the amount of $10,866.45 for Mold Remediation Downtown Arts Center for the Division of Facilities and Fleet Management. Number 34, a resolution accepting the bid of Rio Grande Defense Company in the amount of $148,831 for new chain-link dugouts, various locations for the Division of Parks and Recreation, and authorizing the mayor on behalf of the Urban County Government to execute an agreement with Rio Grande Defense Company related to the bid. Number 35, a resolution accepting the bids of TP Mechanical Contractors, Schedule A and Alliance Comfort Systems Incorporated, Schedule C, establishing price contracts for HVACR maintenance and repair for the Division of Community Corrections. Number 36, a resolution accepting the bid of Robinson Pipe Cleaning Company in the amount of $623,783.80 for the 2013 Sanitary Sewer Cleaning Program for the Division of Water Quality and authorizing the mayor on behalf of the Urban County Government to execute an agreement with Robinson Pipe Cleaning Company related to the bid. Number 37, a resolution accepting the bids of B&H Environmental Services, Leak Eliminators, LLC, and Purdue Environmental Contracting Company, doing business as PECO Incorporated, establishing price contracts for pump station wet well cleaning services for the Division of Water Quality. Number 38, a resolution authorizing the Division of Human Resources to make a conditional offer to the following probationary civil service appointments. Jason Burden, skilled trades worker, grade 111N, 15.151, hourly in the Division of Parks and Recreation. Gregory Colvin, Assistant Director, Community Corrections, Grade 119E, 200855.36 biweekly in the Division of Community Corrections. Mark Caden, Deputy Director, Fleet Services, Grade 120E, 200974.16 biweekly in the Division of Facilities and Fleet Management, all effective upon passage of counsel. Number 39, a resolution ratifying the probationary civil service appointment of Kent Dornbrock, Golf Course Superintendent Principal, Grade 117E, 200716.96 biweekly, in the Division of Parks and Recreation, effective May 6, 2013, ratifying the unclassified civil service appointment of Shontay Hall, Administrative Officer, Grade 118E, 10966.88 biweekly, in the Office of the Chief Administrative Officer, effective April 29, 2013. Number 40, a resolution authorizing the Mayor on behalf of the Urban County Government to accept a donation from WLEX-TV and Downtown Lexington Corporation of $1,740 for use at the Division of Police and Division of Fire and Emergency Services as the designated beneficiaries of the Urban Mountain Challenge at no cost to the urban county government. Number 41, a resolution authorizing and directing the mayor on behalf of the urban county government to execute an amendment to agreement with the Kentucky Transportation Cabinet for extension of the Lexington Traffic Movement and Revitalization Study through June 30, 2014 at no cost to the urban county government. Number 42, a resolution authorizing and directing the mayor on behalf of the urban county government to execute any necessary documents and accept a deed conveying a permanent easement across the property located at 2349 Richmond Road for a sanitary sewer line at no cost to the urban county government. Number 43, a resolution authorizing the mayor on behalf of the urban county government to accept a donation from Sayre School and Mr. Stephen Manilla of 12 jumps in standards and 24 schooling standards for use at the equestrian program at Masterson Station Park at no cost to the urban county government. Number 44, a resolution authorizing and directing the mayor on behalf of the urban county government to execute a health information exchange participation agreement with the Governor's Office of Electronic Health Information for participation in the electronic health information exchange for the Division of Community Corrections at no cost to the urban county government. Number 45, 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 and to provide any additional information requested in connection with this grant application, which grant funds are in the amount of $65,503 federal funds under the State Criminal Alien Assistance Program and are for reimbursement of costs related to the incarceration of undocumented criminal aliens. Number 46, a resolution authorizing the mayor on behalf of the urban county government to execute agreements awarding neighborhood community and sustainability grants to Bluegrass Christian Camp, $2,437, Bluegrass Community and Technical College, $2,500, Crossroad Christian Church, $820, Dove Creek Townhomes Owners Association, $2,500. Fairway Neighborhood Association, $2,500. Georgetown Neighborhood Association, $2,500. Glendover Neighborhood Association, $2,500. Idle Hour Neighbors Alliance, $2,215. Idle Hour Neighbors Alliance, $2,338. Lansdowne Elementary School, $2,500. Maxwell Street Presbyterian Church, $2,500. North Limestone Neighborhood Association, $2,500. St. Peter Catholic Church, $2,458. Tanbark Association of Neighbors, $2,500. Temple Adath Israel, $1,914. Transylvania Park Neighborhood Association, $2,500. Twin Pines Christian Church, $1,885. Walnut Creek Homeowners Association, $2,500. Wellington Elementary School, $2,500. And William Wells Brown Neighborhood Association, $1,241. At a cost not to exceed the sum stated. Number 47, 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 embrace Church Incorporated at a cost not to exceed $215,745. Number 48, a resolution authorizing the Division of Emergency Management 911 on behalf of the Urban County Government to purchase integrated damage assessment model software and authorizing the mayor to execute a software license agreement from Q Public LLC, a sole source provider, at a cost not to exceed $3,000. Number 49, a resolution authorizing the mayor on behalf of the urban county government to execute a grant award agreement awarding a Class A incentive grant for a stormwater quality project to Brighton Woods Association incorporated in the amount of $63,828. Number 50, a resolution authorizing the mayor on behalf of the urban county government to execute deeds of easement and other necessary documents and to accept deeds for property interest needed for the Rose Street bike lane project at no cost to the urban county government. Number 51, a resolution authorizing the mayor on behalf of the urban county government to execute and submit a grant application to the Kentucky Department of Juvenile Justice 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 $217,660 Commonwealth of Kentucky funds and are for operation of the date treatment program for the Division of Youth Services, 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 52, a resolution authorizing the mayor on behalf of the urban county government to execute two releases of easements, releasing portions of a sanitary sewer easement and a portion of a drainage easement on property located at 2349 Richmond Road. Number 53, a resolution authorizing a purchase order to LM Asphalt Partners, doing business's ATS construction in the amount of $12,400,000 pursuant to the 2013 AGO resurfacing bond. We have a motion regarding number 54. Council Member Ellinger. Thank you, Vice Mayor. I hereby move to amend resolution number 54 under first reading of resolutions, which pertains to the NDF funds to remove $250 payment to food chain. this was a duplicit and it was in here twice, so moved. So the motion is to remove? To amend or remove 250. It was my understanding from the administration that this was in here twice. And we can ask the administration, they were the ones who gave me that. All right. If anybody has any questions. Is there any discussion on the motion? All right. All those in favor of amending by removing Food Chain Inc. $250 say aye. Aye. Anybody opposed? Okay, that motion passes. Number 54 as amended. A resolution authorizing the mayor on behalf of the urban county government to execute agreements with the Cottages of Liberty Woods Neighborhood Association, Incorporated, $500. Lex Tran Tigers Youth Football Program Incorporated, $500. Fort Royal Neighborhood Association Incorporated, $600. William Wells Brown Neighborhood Association Incorporated, $1,000. Southland Association, $300. Fayette County Fatherhood Initiative, $700. Palomar Hills Community Association, $575. Tweens Coalition, $1,375. William Wells Brown Neighborhood Association Incorporated, $525. For the Office of the Urban County Council, the cost not to exceed the sums stated. Number 55, a resolution authorizing and directing the mayor on behalf of the urban county government to execute an agreement with Commonwealth of Kentucky Transportation Cabinet Department of Highways to reimburse the urban county government up to $330,000 for operation and maintenance of traffic signals and electrical traffic control devices on the state primary road system. And number 56, a resolution approving the fiscal year 2014 budget of the Transit Authority of the Lexington-Fayette Urban County Government, LexTran, pursuant to KRS 96A.360 and requesting that the Commissioner of Finance authorize the Fayette County Sheriff's Office to disperse the funds to Lex Tran collected from the ad valorem tax approved by floaters on November 9, 2004. Thank you. Council Member Beard. Thank you, Vice Mayor. I have a walk-on, if I may. I move to place tonight's docket under the first reading of resolutions, a resolution authorizing and acknowledging the execution and delivery of a first amended and restated loan agreement among the Lexington Fayette Urban County Government, Republic Bank and Trust Company, a Kentucky banking corporation, and the Lexington School Incorporated, and other related documents. This is related to the refinancing of the 2009 industrial revenue bonds issued to the Lexington School, Inc. Councilmember Beard moved and Councilmember Lawless seconded to walk-on number 57. All those in favor, please say aye. Aye. Anyone opposed? Okay. Are there other walk-ons? Do you have a walk-on? Okay. Would you like to go ahead and give that first reading, please? Resolution number 57, a resolution of the Lexington Fayette Urban County Government authorizing and acknowledging the execution and delivery of one, a first amended and restated loan agreement among the Lexington-Fayette-Urban County Government, Republic Bank and Trust Company, the Kentucky Banking Corporation, and the Lexington School Incorporated, and to any and all other related documents necessary thereto. Thank you. Now, are there motions to suspend the rules? Council Member Akers. Thank you, Vice Mayor. I would like to ask to suspend the rules and request a second reading for numbers 43, 46, 53, and 54. Second. And then did you have specific reason? We're supposed to say the reason. For each one? Are they timely? 53 is. 53 involves pavings. So, yes, we would like to get that started as soon as possible. 54 is providing funds, NDF funds, that I just believe that we should provide them sooner than later. Same with number 46. And number 43, they're providing equestrian equipment at Masters and Station Park, and I just thought, again, that they should have it sooner than later. Move it forward. Thank you. Are there other motions to suspend the rules? Oh, we have administration. Oh, excuse me. First of all, Council Member Ford. I'm sorry, was there a vote on that previous motion? No, we could vote. You know, in the old days, we would do them all and add them all to the same motion, and so I'm sort of in my old days. I'm amenable to either. But let's go ahead. It's been moved and seconded to suspend the rules on 43, 46, 53, and 54. All those in favor say aye. Aye. Anyone opposed? All right. Now for the next motion, Council Member Ford. Thanks, Vice Mayor. Again, at the request of the administration, I move to suspend the rules and give second reading to Resolution No. 25 as it pertains to the signaling and traffic improvements and the agreement with the transportation cabinets to expedite that process. So moved. I'm sorry, which number was that? 55. 55. Yes, ma'am. Okay, thank you. Do I hear a second? Second. Council Member Farmer seconds. All those in favor of suspending the rules to give 55 a second reading, say aye. Aye. Anybody opposed? All right. Are there other motions to suspend? Oh, now, Mr. Barbary for the administration. The administration requests suspension on number 38. That's your standard conditional offer issue with your new employees. Move to approve 30 and second. Give second reading. Okay, I have a motion from Council Member Ellinger to approve 38 and Council Member Kay seconded to give second reading. All those in favor say aye. Aye. Anyone opposed? All right. That passes. And did you have any more, Mr. Barbary? No. Okay. Or does anyone from the administration have any? Did you have another one, Council Member Lawless? No, Vice Mayor. 38. Which you just did? Yes. Did you have a question about it? Yes. I would like to make a motion to separate out Mr. Gregory Colvin, Assistant Director of Community Corrections. I think that's an incredibly important position. And not give that a second reading. I think we need further study on that. Okay. I don't know if that's allowed. The vote already passed to give 38 a second reading, so perhaps before you read it would be the time to move to amend it. Is that what would be? It's the first on our list of suspensions. Okay. So are you moving to amend it? I'm making a motion to amend the second reading and separate out the assistant director position at Community Corrections because I think it is extremely vital and important, and we should. Now, does your motion mean to separate it out and give it a separate reading? Separate it out and not give it a second reading. Remove it from the second reading. You're moving to remove Gregory Colvin, Assistant Director of Corrections. Yes, not him particularly, but the Assistant Director of Corrections is a huge position and great importance. Okay. I just don't think we need to be HD on that. Okay. The motion by Council Member Lawless is to amend 38 by removing Gregory Colvin, Assistant Director, Community Corrections, Grade 119E. Is there a second? Vice Mayor, I would second that. I saw the commissioner coming up, so I would second it for purposes of discussion. So that would give him the floor to speak if you so move. Council Member Myers seconds the motion. Now we'll have discussion on the motion. And, Commissioner, did you wish to speak to this position? Well, I would completely agree with Council Member Lawless that this is a vital position. But I would disagree that it needs to be pulled. We've been through a competitive process, interviewed candidates for the position, and would prefer this to get a second reading so it can be filled as soon as possible to provide Director Ballard the assistance he needs out there. Is there discussion, Council Members, about the motion? Council Member Myers. Thank you, Vice Mayor. Thank you, Vice Mayor. I would ask Council Member Lawless if she had a plan. Would you like for the Director to give you information about this person? I mean, what do you want to do moving forward? I think because it is so vital that we need to examine and get the credentials, it is an extremely important position. Once we give it a second reading tonight, it's a civil service position, and he's there forever. So, you know, I don't think we approved this position months and months and months ago, so I can't see a reason that it needs a second reading tonight instead of waiting two weeks. How long ago did we approve the funding for that position? Thank you. You're welcome. Council Member Myers, did you want to finish your comments? Yes, ma'am. I wanted to second it just so that you would have an opportunity to voice and commissioner speak. I guess my position is that the director brought forth the plan to create this position and to fill this position, and I think the council, if I'm not mistaken, felt comfortable in allowing the process to work. So I wanted to hear if you had a plan or a reason why you wanted to do this, but it seems to me that it's worked. The council gave them the latitude to create the position and fill it, so I'm okay with it. So I think I'm going to vote against the motion. Okay. The other option is to go into closed session. Okay. Is there any other council discussion or motions? Council Member Farmer. Her motion was to pull this rather than to table it until the next meeting. The motion on the floor is to amend 38 by removing the name of Gregory Colvin and the information that goes with that name. For a second reading tonight, so we'd have a second reading in two weeks or whatever. But that wasn't really part of the motion, though. That was not part of the motion. I'm sorry if I was not clear about my motion. to remove it from suspension of the rules for a second reading tonight and leave it on the docket for a second reading at our next council meeting. Does the seconder approve of that? Does the seconder agree with that, Mr. Myers? Would Mr. Farmer like to take over the second? Sure. Okay. So you are not? I relinquish the second to Mr. Farmer if he wishes to do that. I will second her motion as she has now amended it. Okay. So the motion is to remove Gregory Colvin from the second reading of number 38, and that name would go on the docket for second reading at the next meeting, which is in, was that in two weeks? May 23rd. May 23rd. Okay, so we still have the motion to amend. Any more discussion on the motion to amend? Councilmember Ford. Thanks, Vice Mayor. My only hesitation is the isolation of the said candidate out there at the jail. I hesitate to isolate one person of any hiring resolution to take off the docket. However, I do recognize that resolutions are supposed to have two reads, and we've grown accustomed to suspending the rules to expedite the process somewhat. I guess the question, and I don't know if this is still speaking to the motion, I guess the question is for the administration is would it be too much of a burden for us, even though we've already voted to suspend the rules, but would it be too much of a burden for the two weeks and impair the candidate at the jail and the additional candidates that are on this hiring resolution? Which commissioner would like to speak to that? We welcome all. Commissioner Graham from Law. The only reason we generally ask for the two rings on the conditional offers is so that we can go ahead and schedule the pre-employment drug tests and physicals for certain jobs. So you delay that. So for people who are going from one job and give notice to go to another job, you know, that kind of thing, we try and give them a time frame on when they'll be able to come on. And it does take a little bit of time to complete those. And I think actually our next meeting is in three weeks, not two, if it's the 23rd. Yes. Okay, thank you for that. Now, Council Member Akers. Thank you, Vice Mayor. I just wanted to ask Council Member Lawless if there's anything in particular that we should be aware of or be considering that. We would need to go into closed session. so council member k thank you we can't go in closed session without a motion so council member k thank you vice mayor i'm not i'm a little bit with council member ford i'm not exactly sure what the right way to think about this is, but here's where I get to, and that is that suspending the rules, although it has become habitual, is not automatic, and if a council member is not comfortable with suspending the rules for whatever reason, I end up thinking we ought to honor that and find out what, if anything, is the reason. That is, suspending the rules is an affirmative move. And I must say, when it was proposed, I thought, why would we separate out one person? But, again, given that suspension is not automatic, I think if a council person requests that, that for whatever reason, that we ought to honor that and leave this particular person on the docket for second read as it would normally occur under our rules. Thank you, Vice Mayor. Councilman Bolt Lane. Thank you, Vice Mayor. I may be mistaken, but don't you need more than eight votes to suspend the rules? You need ten votes. So that answers my question. Thank you. Anyone else wish to speak to the motion? Now, the motion on the floor is to amend 38 and remove Gregory Colvin from the second reading, and Gregory Colvin would stay on the docket for second reading on May 23rd. All right, any other questions? All those in favor of the amendment, please say aye. Aye. Or maybe we need you to log in. And this does not take ten votes, correct? This takes eight votes since it's a motion to amend. Council members, all those in favor, please say aye. All those opposed? Nay. Say nay. Okay, that motion, we need another vote, I think. Okay, Kevin left. Okay, that motion passes 13-0. All right, so this number 38 has been amended, and the person withdrawn from the number 38 will be on for second reading on May 23rd. Now, just to review, for second reading we have 38, 43, 46, 53, 54, and 55. Correct? Okay. Do I hear a motion to approve? We'll need to get those second reading. Oh, I'm so sorry you haven't read them yet. It just seemed like you. Thank you. Number 38, as amended, a resolution authorizing the Division of Human Resources to make a conditional offer to the following probationary civil service appointments. Jason Burden, skilled trades worker, grade 111N, 15.151 hourly in the Division of Parks and Recreation. Mark Caton, Deputy Director, Fleet Services, Grade 120E, 2009-74.16 biweekly in the Division of Facilities and Fleet Management, all effective upon passage of council. Number 43. A resolution authorizing the Mayor on behalf of the Urban County Government to accept a donation from Sayre School and Mr. Stephen Manella of 12 jumps in standards and 24 schooling standards for use at the equestrian program at Masterson Station Park at no cost to the Urban County Government. Number 46. A resolution authorizing the mayor on behalf of the urban county government to execute agreements awarding neighborhood community and sustainability grants to Bluegrass Christian Camp, $2,437. Bluegrass Community and Technical College, $2,500. Crossroad Christian Church, $820. Dove Creek Townhomes Owners Association, $2,500. Fairway Neighborhood Association, $2,500. Georgetown Neighborhood Association, $2,500. Glendover Neighborhood Association, $2,500. Idle Hour Neighbors Alliance, $2,215. Idle Hour Neighbors Alliance, $2,338. Lansdowne Elementary School, $2,500. Maxwell Street Presbyterian Church, $2,500. North Limestone Neighborhood Association, $2,500. St. Peter Catholic Church, $2,458. Tanbark Association of Neighbors, $2,500. Temple Adith Israel, $1,914. Transylvania Park Neighborhood Association, $2,500. Twin Pines Christian Church, $1,885. Walnut Creek Homeowners Association, $2,500. Wellington Elementary School, $2,500. And William Wells Brown Neighborhood Association, $1,241. At a cost not to exceed the sums stated. Number 53. A resolution authorizing a purchase order to LM Asphalt Partners doing business's ATS construction in the amount of $12,400,000 pursuant to the 2013A geo-resurfacing bond. Number 54, a resolution authorizing the mayor on behalf of the Irvin County Government to execute agreements with the Cottages of Liberty Woods Neighborhood Association, Inc., $500. Lexington Tigers Youth Football Program, Inc., $500. Port Royal Neighborhood Association, Inc., $600. William Wells Brown Neighborhood Association, Inc., $1,000. Southland Association, $300. Fayette County Fatherhood Initiative, $700. Palomar Hills Community Association, $500. Tweens Coalition, $1,375. William Wells Brown Neighborhood Association Incorporated, $525. For the Office of the Urban County Council, at a cost not to exceed the sum stated. And number 55. A resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an agreement with Commonwealth of Kentucky Transportation Cabinet, Department of Highways to reimburse the urban county government up to $330,000 for operation and maintenance of traffic signals and electrical traffic control devices on the state primary road system. Do I hear a motion to approve? Council Member Clark moved and I heard a council member Henson second. Okay. Will you call the roll, please? This is for the second. Ms. Scutchfield? Aye. Ms. Akers? Yes. Mr. Beard? Aye. Mr. Clark? Yes. Mr. Ellinger? Yes. Mr. Farmer? Yes, ma'am. Mr. Ford? Yes. Ms. Gordon? Aye. Ms. Henson? Yes. Mr. Kay? Yes. Mr. Lane? Yes. Ms. Lawless? Yes. And Mr. Myers? Yes. Thank you. Thank you. Those passed 13-0. Now, do I hear a motion for communications from the mayor? No, ma'am. Council Member Ellinger moved. Council Member Lane seconded. Yes. I'm so sorry. What was the question? Okay. I'm sorry. Okay. We're all good. It wasn't moved. She did. Council, Madam Clerk, there are some questions up here. Can you clarify that you, I think you did read number 57. Is that what's in question? 56. For first reading. Those were not moved to suspend the rules. They were only, yeah, they didn't get a, okay, I think everybody's clear. So Councilmember Ellinger moved and Councilmember Lane seconded to approve communications from the mayor. Any discussion? All those in favor say aye. Aye. Anybody opposed? Now, I don't believe there is public comment, but we do have a fire disciplinary action. and Battalion Commander Chris Sweat is coming to ask us to approve a disciplinary action. Welcome. Thank you. This is for Lieutenant Lusby. I'm asking approval for a written reprimand for, looks like, conduct unbecoming and misuse of division equipment. Is there a motion? to approve this written reprimand. Motion approved. Could we know what the misuse of equipment was? Yes. Lieutenant Lusby made the decision back in January to leave Engine 19 outside overnight, and it caused some freezing on the pump and surrounded areas, caused some damage to the truck. Council Member Ellinger moved the approval, and Council Member Aker seconded. Is there any discussion? All those in favor, please say aye. Aye. Anyone opposed? Thank you very much, Commander Sweat. Now, before we adjourn, Councilmembers, do you have any announcements? Councilmember Beard? As we're getting further and further down the pike, I don't know whether it will be a resolution for the next meeting concerning the issue we just discussed. So I would move that we go into open session tonight. Open session? No, pardon me, closed session tonight. We've been in open session, haven't we? Too long. The motion is to go into closed session. This is the personnel? This is the potential personnel, the hiring. So does it need to have anything else besides, according to KRS 567.8 or something? Hold on, and I can give you the, it would be a motion pursuant to 61.810 for a discussion that might lead to the appointment of an employee. 68.1? 61.810. Okay. And I heard a second over here by Council Member Ford. So there's a motion and a second to go into closed session regarding a potential personnel action. All those in favor say aye. Aye. Anyone opposed? All right. That motion passes. Will you please clear the chamber? I think we'll need Commissioner Graham and maybe... Do I hear a motion? So moved. Open session. Who is the so moved? Councilmember Clark moved and Councilmember Myers moved seconded to come out of closed session. All those in favor say aye. Anyone opposed? All right. Is there any other announcement or business that needs to come before us? Council members, any more announcements? Do I move? Oh, okay. We have some up. Wait. Council Member Myers. Thank you, Vice Mayor. I keep having citizens and residents come to me with concerns about the relocation process for Pinnacle Apartments, and I think maybe it's time that this government get engaged in that process. And so Tuesday, I'd like to speak to the Commissioner of Social Services, Commissioner Mills, but also to the administration to see how we can get engaged in this process because I'm hearing things that are of pretty big concern. I've asked some of the people, some of the professionals in the nonprofit organizations that are fielding some of these calls and working with these residents also, So if they would put in writing some of the concerns that they have so we have something to go on. But I just wanted to give the council and the administration a heads up that I think we need to get engaged in that. Okay. Thank you. You're welcome. Are there any other announcements? All right. Do I hear a motion to adjourn? All those in favor, say aye. Anybody opposed? We are adjourned. Thank you very much. I'm going to go to the next episode. Let this prove it is alright, alright