Greetings, everyone. Hello, Mr. Headmaster. How are you, sir? Greetings, hello, everyone. I'll call the meeting to order the meeting of the the meeting of the Lexington Fayette Urban County Council and we began each meeting with a roll call so I will ask the clerk if she will please give the roll, call the roll Mr. Stennett, Ms. Akers Yes. Mr. Beard. Present. Mr. Clark. Here. Mr. Ellinger. Here. Mr. Farmer. Yes, ma'am. Mr. Ford. Here. Ms. Gorton. Here. Ms. Henson. Here. Mr. Kay. Here. Mr. Lane. Here. Ms. Lawless. Here. Ms. Mazzotti. Here. Mr. Myers. Here. And Ms. Scutchfield. Here. Thank you. Thank you, Madam Clerk. And that allows us to move to the invocation. And tonight we are honored to have Pastor Andy Routreau with Faith Lutheran Church with us tonight. Pastor, thank you so much for joining us. Thank you for the privilege to be here. let us pray Almighty God we thank you for the breath of life that you breathe into our lungs and into our minds and souls each day we thank you for the freedom that we have to gather here and to deliberate on the matters of our city and on the concerns of our constituents And we ask you to be with all those who don't enjoy these freedoms and keep us mindful always to protect them and to cherish them and to use them wisely. We ask your strength and your courage, your efficiency and your prudence as we think on and do the business of this place. especially keep us in mind of all those whom we are trusting us both the poor and the rich from all the different backgrounds and beliefs that live in this place in this beautiful city and we ask you to help us to see in our deliberations in the papers and the budgets and the concerns and the constituencies your hand guiding us and helping us to do your will to govern in this place. In the name of all that's wonderful, we pray. Amen. Pastor, Pastor Riro, thank you very much, sir. Thank you for joining us in our long 238-year history of Lexington. Faith Lutheran has a big, big part and big chapters in that history, so thank you very much for joining us. Please share our greetings to your congregation. Thank you, sir. All right. Next on our agenda is the minutes of previous meetings, and I'll ask for a motion to approve three sets of minutes. Move approval. Second. Motion by Vice Mayor Gordon, second by Council Member Ellinger. Is there any discussion on the motion? All right. Hearing none, then we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Thank you. And next on our agenda is a proclamation regarding Mental Health Awareness Month, and we will start tonight with that, and I'll ask Marcy Timmerman, who is Director of Development for the National Alliance on Mental Illness here in Lexington, to join Vice Mayor Gordon and me at the podium. Marcy is here? Yep. Great. Thank you. Welcome. The National Alliance on Mental Illness, NAMI, is an outstanding organization here in our city, of course, and across the country. Tireless advocates for those with mental illnesses, and we are so happy to have the opportunity and pleased to have the opportunity to recognize the important work that you do. Joining Marcy, is Jamie here with us? Jamie is here, Jamie Boyd, who is NAMI's Public Relations and Community Affairs Representative. But first we are going to hear from Vice Mayor Gordon. Vice Mayor. Thank you, Mayor. It really is my pleasure to welcome you all. Keep coming up towards the podium. NAMI does really important work in our community, And none of us are immune to knowing family or friends who deal with mental illness on a daily basis. And it's so important the work that you and your folks, and Jamie, you and your folks do in our community. So I thank you so much. And the mayor has a proclamation. All right. Thank you. Well, Marcy, what this is is a genuine walnut veneered plaque. It's very rare. but it is offered with a lot of, as the vice mayor said, it is offered with a lot of very genuine praise and support and encouragement all along the way and it reads this way, Mental Health Awareness Month. I, Jim Gray, Mayor of Lexington, in recognition of those struggling with mental health issues as well as those who try to bring healing to the suffering, do hereby proclaim May 2013 as Mental Health Awareness Month in Lexington. There you go, Marcia. And now, thank you, George. Thank you. Now we will ask you to please share some thoughts with the council and with our audience. First of all, thank you both very much for this proclamation. NAMI Lexington very much appreciates this. it is important to us to educate, to support, and to advocate for the mentally ill in this town. It's nice to have a little recognition that we're doing a good job. We keep hoping that we're able to help everyone navigate the mental illness system here in the city, and we're thankful that you've given us the opportunity to do that. Thank you. Thank you. the vice mayor suggested jamie you come on up here and get a picture with us how about all the council members can we do the oh yeah everybody come on up yep ed's not here to choreograph you're gonna have to dotty get them pull them together now Thank you. everybody Okay. Thank you. All right. All right. All right, we can now move to the second reading of ordinances, and I will ask our clerk to please give a reading of the ordinances, second reading of the ordinances. Madam Clerk, please proceed. Yes, sir. Ordinance No. 1, an ordinance amending certain of the budgets of the Lexington-Fayette-Irban County Government to reflect current requirements for municipal expenditures in appropriating and reappropriating funds, Schedule No. 51, and No. 2, an ordinance amending Article 5-1A of the zoning ordinance to provide for right of entry and administrative warrants related to zoning enforcements. Thank you. Second. The farmer had moved it into August. let me just say all right now what happened just then oh okay we got a motion council member henson and there's a second from council member ellinger all right got a motion a second is there any discussion all right hearing none we'll ask the clerk to please call the roll Mr. Stennett? Yes, ma'am. Ms. Akers? Yes, ma'am. Mr. Beard? Aye. Mr. Clark? Yes. Mr. Ellinger? Yes. Mr. Farmer? Mr. Farmer? Thank you, sir. Mr. Ford? Yes. Ms. Gordon? Aye. Ms. Henson? Yes. Mr. K? Yes. Mr. Lane? Yes. Ms. Lawless? Yes. Ms. Mazzotti? Yes. Mr. Myers? Yes. And Ms. Scutchfield? Yes. Thank you. Thank you, Madam Clerk. The vote reflects passage of the motion. All right, that allows us to move to item Roman numerals six. That's ordinances for a first reading. Madam Clerk, when you are ready, please proceed with the reading. Ordinance number three, an ordinance change in the zone from a single-family residential R1D zone to a townhouse residential R1T zone for 0.95 net 1.28 gross acres for property located at 4145 Harrodsburg Road, Patricia Donahue, Council District 10. Number four, an ordinance change in the zone from a two-family residential R2 zone to a planned neighborhood residential R3 zone for 0.253 net and gross acres for property located at 1165 Jones Trail, Arnold Properties, LLC, Council District 8. Number five, an ordinance change in the zone from a planned neighborhood residential R3 zone to a neighborhood business B1 zone for 0.9798 net and 1.0774 gross acres for property located at 417 East Maxwell Street, including dimensional variances, Mickler Florist Incorporated, Council District 3. Number 6, an ordinance pursuant to Sections 3.02, Subsection 24, and 6.12 of the Charter of the Lexington-Fade Irvin County Government, transferring the Division of Building Inspection and the Division of Code Enforcement and the incumbents in all authorized positions as well as vacant positions from the Department of Public Safety to the Department of Planning, Preservation, and Development at their current job classification, pay grade, and salary. Ordinance number 7, an ordinance admitting section 21-52 of the Code of Ordinances, creating one position of probation unit supervisor grade 113E and five positions of probation officer grade 110N, all in the Division of Community Corrections, and amending section 22-52 of the Code of Ordinances, abolishing one position of probation unit supervisor grade 113E and five positions of probation officer grade 110N, all in the Division of Community Corrections, effective upon passage of counsel. Number 8, an ordinance amending certain of the budgets of the Lexington-Fayette-Irban County Government to reflect current requirements for funds in the amount of $1,200 from Neighborhood Development Funds and the Commissioner of Social Services for the Senior Intern Program and Appropriating and Reappropriating Fund Schedule Number 54. Number 9, an ordinance amending Section 21-52 of the Code of Ordinances transferring one position of a network security engineer, Grade 119E, from the Division of Computer Services to the Division of Enterprise Solutions. Number 10, an ordinance amending are Ordinance Number 34-2013 and Ordinance Number 35-2013, and the franchise agreements with Kentucky Utilities Company, Incorporated, Bluegrass Energy Cooperative Corporation, Clark Energy Cooperative, Incorporated, Columbia Gas of Kentucky Incorporated and Delta Natural Gas Company Incorporated to increase the franchise fees for each utility from 3% to 4% of gross revenues effective July 1, 2013. Number 11, an ordinance pursuant to Code of Ordinances Section 18-83 and Section 18-109 designated Lewis Street as a one-way street with angled parking and authorizing and directing the Division of Traffic Engineering to install proper and appropriate signs and markings in accordance with the designation. Number 12. An ordinance creating Article 13 of Chapter 16 of the Code of Ordinances to implement a sanitary sewer capacity assurance program to assure that the sanitary sewer system is adequate for future connections, defining terms requiring that a sanitary sewer capacity permit must be obtained prior to any future connection to the system and providing that all permits shall be granted for properties with the sewer use of record properties with certain approved plans or plats and properties in expansion area 2. Providing that remodeling projects shall not require a permit, providing that for staged capacity allocation for properties with certain approved plans with a maximum annual threshold as determined by a negotiated agreement, providing that an essential service project may be granted a permit without adequate capacity upon the finding that such action is justified and will not detrimentally impact the cap, providing that a project with a significant economic impact may qualify for an administrative capacity approval if such action will not relay remedial measure plan projects, and providing that all applications and requests shall be made by the property owner or duly authorized representative, providing that a nonrefundable administrative fee of $450 shall be paid to request a capacity allocation, capacity permit, or capacity reservation, providing that sewer capacity may be reserved upon payment of a deposit to be credited to tap on fees or exaction fees, providing that reservations of capacity will expire one year unless extended, and provided that a nonrefundable administrative fee of $225 shall be paid for an extension, providing that a reservation shall become a permanent allocation upon certification of certain plans or amendments, providing that all fees shall be adjustable based upon the consumer price index, providing exceptions for payment of administrative fees for certain properties, providing that determination on applications and requests shall be made within 10 days if possible, providing an appeal process for applicants who disagree with determinations, providing that all actions and requirements under Article 13 are subject to the revisions of the consent decree and approved cap, and providing that a formal review and audit cap and collected fees shall be performed every two years in amending section 5-30 of the Code of Ordinances to require that adequate sanitary sewer capacity exists prior to issuance of any building permit for a property that will connect to the sanitary sewer system. Number 13, an ordinance amending certain of the budgets of the Lexington-Faylor County Government to reflect current requirements for municipal expenditures in appropriating and reappropriating funds, Schedule number 53. Number 14. I have Council Member Beard and I have Council Member Lawless. Not for this. All right. Council Member Lawless. Thank you, Mayor. On number 14, I move to amend ordinance number 14, the pilot mobile food unit vendor program under first readings of ordinances to add the following provision in C2, letter D. a mobile food vendor shall not locate or operate within 200 feet of the boundaries of a designated pedestrian-oriented business district. So moved. It's a motion by Council Member Lawless. Is there a second? Second by Council Member Kaye. All right. Floor is available for discussion. Question, Vice Mayor Gordon. I have a question. I know we discussed the pedestrian-oriented business district. Did we actually pass that? Is there one? Yeah, I'd like to give some explanation. Okay, that would be helpful. It started so long ago, and it's been quite a process. The council did pass it, I believe, unanimously. a year or so ago and it and then the Planning Commission passed it the ZODA and then the council approved it and there are very few places that this will apply the reason it has taken so long is because there's never been one and the The purpose is the one that I will be bringing forward very soon and have worked very hard on is the street, the section between Avenue of Champions on South Lyme to Maxwell. Because we worked really hard. We didn't want to change the zoning from B1. But they're required to, even with the variants, pay for off-street parking, some of them as many as 16 spaces. The domino effect is that that corridor is one of the fastest economic-growing areas in our city. And so new businesses aren't able to come in because there aren't available parking spots. And businesses on other blocks are not able to open because many of them are currently renting spaces. I think it's $60 a space in the Jersey Street lot at UK, and nobody even knows they're there. and like I say some of them were losing thousands of dollars right off the top every month. They could be hiring more people. And then the meters, there are meters and parking spots on Jersey Street behind it as well as on South Line. So everybody's waiting for this to happen so they can open up some of the other businesses a block or so over, can rent, there are no more spaces to rent, so they can't open their business. So this is something that was thoroughly vetted by planning and zoning by the council, by the planning commission, and then back to the council. And I think we're ready to bring it forward now for just that one block. Does that make sense? Can you give us sort of a picture of where that 200 feet would fall? Any direction? We have a map about another issue. Yeah, it's not on this map because it's further up. You know where Kennedy's bookstore is? I want to know where the 200 foot would be, how far out each direction it would go is what I'm interested in. 200 feet? I'm sorry, I don't quite understand how to describe that. All right. It's not that far as we know. okay let's make sure we've got where we are here vice mayor had a question to confirm or to define the uh amendment or and councilmember lawless who offered the amendment is is explaining that Vice Mayor, are you I would love to see a map with everything else we've done we've had a map and it has shown exactly what would be impacted that's what I'd really like to see so I don't think she has that right now and I do apologize for not having a map alright so Council Member Farmer wishes to speak to the motion to the motion to amend or not is this not you on yes sir for that reason I guess, would this application cover any of the zones that are in this pilot project? Would adding this to the legislation change anything in the pilot program? The pilot program covers the entire, all of Fayette County. And that's the part I think that people are missing. I thought it had like six zones specifically. downtown but the this ordinance is for all a Fayette County there's a there's a if I might there's a switch there's a switch in the hour after 10 o'clock at night it's it's much much broader than it is during the 7 a.m. to 10 p.m. hour so after 10 o'clock at night it has a much much broader application the pilot program does than before 10 o'clock. I got that down. All right, so the next one is. But you don't currently have, there's not currently physically a place where this zone is applied, period. There will be soon, and this would apply to any other pedestrian-oriented business districts if they were created. And while the ordinance after 5 p.m., the parking meters are not free. So then you get down to, do you think you can get a zone on the ground in less than six months? Yes. Thank you, Mayor. All right. Council Member Akers. Thank you, Mayor. We actually addressed this in the last workgroup meeting. Council Member Lawless brought it up, and I asked David, the attorney at the time, do we have one of these zones currently on the books? And there is not. The zone does not exist. So we suggested at that time that if the zone were to exist or be identified at whatever point, then an amendment could be made to the existing ordinance that would include this buffer. Secondly, the area that she is discussing on South Limestone, because there are so many restaurants along that corridor, would be off limits anyway with the 100-foot buffer that is already in the ordinance after 10 p.m. So I think that it's safe, and I think that it's premature since we don't actually have a pedestrian-oriented business district identified yet. Thank you. All right. Thank you, Councilman Rakers. All right. And Councilman Beard, this is for another, right? Yeah. All right. Or you signed on for another. Does anyone else wish to speak to the amendment? Councilman Lawless. The way I understood it on Tuesday, that after 10 p.m., people could park anywhere as long as it was not at the front door of an open business, but it could be across the street, even though that's less than 100 feet. So the meters on Jersey Street and the parking spaces on Jersey Street, some of them are across the street from these businesses. And this impacts a large area, the parking issues and the businesses around there, Upper Street, et cetera. So it's a big deal. Okay. All right. Does anyone else want to speak to the motion to amend? Council Member Kaye. Thank you, Mayor. Just so I can be clear, I second it for the purposes of discussion. There is not now any designated area, but there is a provision that would allow areas to be designated. And this motion basically says any such area that is designated, this provision would apply to. Is that correct? Yes, sir. and hopefully this will be brought to council within the next couple of months at least if not sooner and if i can ask another question the the issue of being across the street this does not speak to that so this would be um a prohibition within 200 feet of the boundaries no matter whether you crossed a street or not. Is that correct? That would be correct. Just for this area. It's one block. Then I have a question for Mr. Barbary. It's not been clear to me about why something across the street is not subject to 100 foot or 200 feet. If this were to be incorporated, does that raise a question of internal inconsistency within the provision itself? I think if I understand the rationale for the amendment, possibly not. because I think what she's saying is these parking spaces are of such significant value that you can't have the trucks parking in them, whether it's across the street or not. And I think the analysis on the rest of them, that wasn't really the argument that was being made at the time that the 100 feet and across the street was being determined. So as I understand her rationale, It's that there's such limited public street parking around this area at all that you shouldn't be able to park anywhere near this zone. Is that right? I mean. Not true. And the rationale for including not across the street for the 100-foot boundary within the present proposal? my understanding of the hundred feet was that the the primary purpose you would do that with a legal justification behind it would be you'd have some sort of public safety or aesthetic uh thing you're trying to protect versus just simply blocking off for the purposes of protecting a business interest the front entrance of a business you get into protectionist issues when you when you start getting into i'm just not going to let you operate within x number of feet of an existing business and and you avoid that when you say it can be 100 feet but not 100 to me there's there's a much more compelling public safety interest if you limit it to the block face in front of the building the 100 feet than if you go across the street because i don't i don't know that you have as compelling a public safety interest once you have the unit set up across an entire street block from from the front entrance i see okay thank you mayor all right Thank you, Council Member. Okay. All right. There's no further discussion than Council Member Beard on this amendment? Yes. Okay. Okay. The east side of Upper Street, which backs up to the same area on Limestone, how do you measure? I mean, how do you go through the process of measuring 200 feet, I guess is my question. Is it from the front door, the back door, the kitchen, or where is it? If it's in a situation where mellow mushroom is, it's going to take care of the 200 feet in that stretch by their activity, not necessarily by the limestone activity. i'm not really clear on your question well do we go paint how do we how are we going to decide how to tell the vendors where they can park and where they can't the well i mean it's in the ordinance that they can't park within a hundred feet of a business I understand that. So the same way. The same way? And what is that way? That had been left to discussion. I mean, again, the purpose is not to protect these businesses, but the economic development of that area. Somewhere along the line, we'll have to decide where the lines are drawn. Well, there will be a map, and I apologize that I do not have it, but things have gone pretty quickly on this, and things have changed rapidly. So maybe Commissioner Paulson could speak to this. are you prepared to speak to this or are you just smiling because you're just smiling always smiling that's a good thing yes i asked commissioner paulson because he and i have discussed this and about other businesses that are in the area that are experiencing problems because there are no parking spaces to rent. And I think he can speak to the importance of the economic development issues with this pedestrian-oriented business district. Well, and I'll speak quickly so that we're not here all night. But the area where Diane is speaking about does have, there are quite a few businesses located in a small compact area. Parking is at a premium and we do have businesses that come in. We have one just this week that came in and one of their big concerns when getting over issues such as zoning is variances for parking. Will they have enough parking to meet their minimums? They're already a business located in the area but they want to move basically around the corner and they're not sure if they'll be able to find the parking spaces required by zoning. So in terms of the benefit for it, pedestrian-oriented business district, I think there is definitely merit in it. I think as it comes with the food truck issues, I think there's some issues that could be, I'm not sure how much they carry over in this situation. It would be one of those things I'd have to look at more closely, and I think a map would be helpful, and we can get one of those to you guys pretty quickly. But I think there is genuine merit in terms of a pedestrian-oriented business when we're going to have, again, more density of businesses in certain areas, and that's something we're looking for, this is increasingly going to be an issue for businesses, trying to make sure they have enough parking when maybe they don't need as much parking. Not sure if that helps for you. All right. Thank you. All right. Is there a motion to call the question? Council Member Henson, you've got a discussion? All right. A quick question. is this was discussed with the parking authority because they would be enforcing those meters, correct? The parking authority is aware of this situation. And like I say, we started this process over a year ago and because it was new and trying to figure out how not to do a zone change from B1, but to have some relief. We came up with the pedestrian-oriented business district, and the council members that were here then have probably forgotten about it. I talked to somebody and said, hadn't that already been implemented? But it's been quite a tedious process getting it done. It all passed Council, Planning Commission, and Council. It's the process that has been tedious because we've never done anything like that. This is a new thing. So it doesn't exist right now, but you're working on it, Craig. The ZODA exists, and I will hopefully be bringing forward that pedestrian-oriented business district. very very soon and and this is i'm assuming a student area where most of the parking are uk students is that right oh i think a lot of uk students use that but also there are other people that use it also staff and well and just people go there okay And the problem is there are no more spaces to be rented to new businesses, even with the variance, because they have to rent a space, off-street space, within 300 feet of their businesses, and there aren't any, so they can't open. I guess if we can get a map, then I think we can have more discussion on it. Thank you. All right. Thank you, Council Member Henson. Council Member Kay. Thank you, Mayor. As I said, I seconded this because I thought it deserved discussion. Given the extent of uncertainties of it, I'm uncomfortable now supporting the motion. And I would ask, after this has been voted on, I'd like to speak to this particular item also. but it seems to me we need to have this hard work to do on the fly I don't don't think we have sufficient information to begin to move this forward and so I will not be able to support it thank you mayor thank you and it has been a lot of it in my in my experience on the fly thank you all right no one else has signed up so that allows us to take a vote on the vote on the motion to amend. All in favor of the motion to amend, please indicate by saying aye and voting electronically. What's all right here we got electronic capacity. All opposed no. Motion fails. All right. that allows us to move on to council member k wishes to speak to the future yes i do and this has been an issue that i've been pretty conflicted about and i think i finally have come to understand why and i want to make a comment about it before this goes forward i think the reason is because we have had the idea of food trucks, which almost everybody supports, including me. And the idea of food trucks is very positive, and we see how beneficial it's been in some other places. And we have an image in our mind about how that will work. And that's okay to have an idea about food trucks if you're not on council. But if you're on council, our job is to take that idea and ensure that if it goes forward, It goes forward in a way that's fair, that's clear, and that has reasonable prospects of success. I'm concerned that at this moment we still are not clear about what the enforcement mechanism will be, either from our own public safety officials or from the parking authority. We are also not clear about the boundaries which have changed. They got changed on Tuesday. One part of the boundary is still pending before the parking authority. So I'm uncomfortable with the uncertainty. I'm not going to make a motion at this point. I just wanted to make that comment, and I'm hoping that between now and two weeks from now, when this gets a second reading, that some of this uncertainty will be resolved and that we'll be much clearer about what we're doing and why we're doing it. Thank you, Mayor. Thank you, Councilmember Kay. And just as a point of information, I know that we have four citizens who have signed up to speak for public comment at the end of the meeting, and that would be the time when this issue itself would be appropriate to be discussed. And as Council Member Kaye just mentioned, this is the first reading, and there will be another chance before the second reading and the vote is taken. All right. So, Madam Clerk, if you will continue. Is this for a motion? Because we've already taken the vote. What's this related to? What's the wish to speak on? Are you saying this is not a time for us to discuss this? We have a motion. We took the vote on your motion. Council Member Kay asked to speak to it before we took the vote. I gave him the... And he was given that opportunity to speak. I asked to comment before we proceeded with the reading. I did not have a motion. Right. So what's the, okay, what is the issue about which the comments are focused now? Council Member Lawless, is it about the amendment that just failed? No, sir. Is it about the ordinance that is about to be read? Yes, sir. And Council Member Lane? Yes, sir. I was just going to comment on the statement that Council Member Kay made. All right. Well. My statement will be very brief. All right. Well, this is a generous body, so we'll go right ahead. Council Member Lane hasn't spoken yet, So, Council Member Lawless, if you'll indulge the council member who hasn't yet spoken all evening. Nothing would please me more. Oh, great. Wonderful. Council Member Lane. Thank you, Mayor. I just wanted to say that when this, you know, is a new area of business activity and legislation here from Fayette County, and I think it's going to be very difficult for us to anticipate every possible issue that may come up. And it sort of reminded me of the saying that if you have to overcome every objection before you do something and try to figure it out, then probably nothing will ever get done. So I think we have to take a little bit of a leap of faith here. This is a six-month trial. The idea is to investigate how this is going to work and see where the problems are, and then we can come back and tweak the ordinance so i would just encourage council members to support it thank you all right now councilman lawless yep i'd like to indulge council member myers now yes member myers thank you mayor i guess my position would be that although we can't make this thing perfect before we get started my real concern is that the evaluation is going to be the key and if we don't get that figured out before this i think it's going to be very difficult to go back on this after this pilot's over and that's my real hesitation on this is when it's over with people are going to say see the sky didn't fall so let's move forward and let's take the cuffs off and open it up so if we don't have a proper and a and a really exhaustive concrete evaluation in in place, it's going to be very hard to roll this back. And so that's my hesitation. Thank you. All right. Council Member Lawless. I would like to – I'm very pro-food trucks. I want it to work. I think there are a lot of unanswered questions, and I don't know, maybe the parking authority can come back, how it's going to be implemented after 5 until 3 a.m. I think is key, and also how it's going to be implemented. So hopefully we can have further discussion when it comes up for a second reading, and we can have more of those answers. Thank you. council member farmer i'll be brief thank you i agree with what council member myers has said there were some criteria that were put forth with the packet for evaluating this but they're not part of the legislation at least they're not tonight and i'm not saying for sure that they should be but we have time to add them if we so desire and i just want to make sure that the diligence is done correctly and impartially because I absolutely agree with what the council member said unless we have objective criteria and we can measure success or failure on all sides we won't know how to alter this policy whether to make it larger smaller or eliminate it so I just I think that is something that we do need to work on in the interim between now and the second reading. Thank you. Thank you. Would anyone else wish to speak to this general discussion? All right. Well, good. We're all satisfied. That's great. All right. Madam Clerk, whenever you are ready, please proceed. Yes, sir. Number 14, an ordinance establishing a six-month limited pilot program for certain mobile food unit vendors to lawfully operate in designated street parking areas and providing for licensing, compliance with ordinance, and program requirements, food vending zones, hours of operation, insurance, and a fine of not less than $250, no more than $500 for each violation, all effective upon date of passage. Number 15, an ordinance creating section 15-11.5 and 15-11.6 of the Code of Ordinances, Lexington-Fayton-Irban County Government, pertaining to the general regulation of mobile food unit vendors and providing public safety, permit requirements, location restrictions, trash pickup, lighting restrictions, and other requirements, and establishing a fine of not less than $250 nor more than $500 for each renovation, for each renovation, for each violation, all effective upon date of passage. And number 16, an ordinance submitting certain of the budgets of the Lexington-Vaylor-Irvin County Government to reflect current requirements for funds in the amount of $1,500 for the Division of Parks and Recreation from neighborhood development funds for the purchase of new benches and televisions for the Kenwick Community Center in appropriating and reappropriating funds, Schedule No. 56. Thank you. Thank you, Madam Clerk. Are there any motions for walk-ons or suspensions? Council Member Beard. Thank you, Mayor. I move to move $2,700,000 out of the fund balance and into the economic contingency fund. Council Member Beard, would you repeat that motion, please? i said i move to move i move to move right two million seven hundred thousand dollars out of fund balance and into the contingency economic contingency fund all right second there is a move to it's a motion to add to the docket? Number 17, to be accurate. All right, there's a motion. All right, it's a walk-on then, right? Yes. Motion to... And there's a second to the motion. Council Member Lane. Seconded by Council Member Lane. Motion by Council Member Beard. Seconded by Council Member Lane. To move $2,700,000 from the fund balance to the economic contingency fund. That is the Rainy Day Fund. Right? Yep. Okay. Also known as the Rainy Day Fund. All right. Okay. All right. We have a motion and a second. The floor is available for discussion on the motion. Council Member Ford, are you on for this? No, sir, not for this. Council Member Farmer? So what has precipitated this motion at this time? The feeling that, and I'll just speak for myself. that we want to be sure that we get adequate money in the Economic Conditioning Fund. And as it stands right now, it's kind of sitting out for study when we come back from break. I agree with your timeline. I think we were kind of going to take this up at the August budget finance meeting because per the mayor's proposed budget, we're going to add over $4 million. And I think there was a general agreement on the council after we redefined the fund balance that we'd add at least another 1.3 to that and that this was an additional 2.7 on top of the 4 and the 1.3. I still am in a – why would we put that money in our most restrictive account from which we've never made a withdrawal before we settled the budget. And I would rather have this in the checking account to know what to do with rather than in the savings account that I can't get to it in. And I understand the opportunity of using those dollars wisely, but I just wouldn't make personally, speaking personally, I would not make this decision before the whole group of the other decisions. And, of course, I've had motions on this and emotions on this before already. But it just strikes me, as I may have said before, eliminating our opportunity before we've made our budget and know what our true situation is. I understand the fervor behind it. I'm just not part of the party at this point. I think the feeling is generally, not just by myself, that they just want to be certain that there is adequate money that goes into the contingency fund. We don't know specifically what fund balance is going to be. I think all the more reason to keep something there. That may be, but in which case then we'd have to attack that problem when it comes up. By having over-saved on the front end for reasons that don't make sense when you get to the empty checking account, or you have to spend money at a higher rate rather than pay for something with cash, I just, adding $4 million as a front end is what the mayor has proposed. And there's been nothing about the budget discussion that says we wouldn't do that. All we've talked about is how much more we're going to add. And I think that's still a great discussion to have, but I would rather not narrow it before we have the budget in hand and know what our needs are going to be. I was just writing my article for the Chevy Chaser today and talking about keeping money in our checking account so that we can use it as wisely as possible. and I would rather do that than to buy the I just I think you lose the opportunity plus if you try to take money out then you can't make other insertions into the fund and I just think if you're a rating agency which some say that's what this is about that the rating agency will think a whole lot more of us because we're putting so much in. I think rating agencies look at consistency. And I think the spike on the needle here would raise as many questions as if we close the account and spin it all. Just personally, yet again. The true fact is we probably won't know what fund balance is until sometime in January. Council Member Beard, all right, so this is on for discussion now. Your motion, so we've got Council Member Kay and then Council Member Stennett to speak to this motion. All right. Council Member McKay. Thank you, Mayor. We have had a fairly extensive discussion of this issue twice, or is it three times? I don't want to exaggerate, but certainly two long discussions about the merits of this issue. If there was some danger of this money going somewhere, I would understand the urgency. The money is sitting in our account. It cannot be moved without the approval of this council. We've not had an opportunity to look at the big picture. I thought we made a decision as a council to wait until August until we had more information. We can have a full-blown discussion at that time. I just don't, I guess I'm with Council Member Farmer. I don't understand why, what rationale that would be for moving it forward at this time. Thank you, Mayor. Council Member Stennett. Thank you, Mayor. Without addressing the merits of the motion, I want to address the logistics. David Barbary, if this motion passes the way it's worded now, wouldn't we also have to have a budget amendment that we'd also have to vote on next week? Because there's no budget amendment attached to this. In order to get this together tonight, we would have to have the assistance of the budget department to put the appropriate budget amendment together to actually move the money, which is what you're alluding to. I think what you all had done previously was, if I'm remembering correctly, you either tabled or withdrew a different item that had the same intent earlier, and if that could be pulled up and resurrected, that would probably accomplish the result, I think, that Mr. Beard wants to go ahead and do tonight. Yeah, I'm just not sure the vote or the motion at this time actually does anything because we don't have that budget amendment. So, Council Member Beard, were you intending to bring that budget amendment along with this? No. Not tonight. Do you just want a motion to support bringing it? Yes. Because we'd have to vote on it again once you brought it. That's fine. Okay. Just making sure, the process. Thank you, Mayor. Council Member Lane. Thank you, Mayor. The reason I second this is that there are several reasons, but one of them, this is my ninth year on the council, and I believe we've averaged putting about a million dollars a year in the Rain Day Fund over the nine years I've been here. Some years we put nothing in, some years we put a few million in, and our Rain Day Fund is way, way under what it should be in my judgment. That's item number one. Item number two is that for the fiscal year ending June 30, 2012, based on our comprehensive annual financial report, our revenues for the government were $283.5 million, and our expenditures were $300.5 million. So we operated at a deficit of $17 million based on our revenue. In order to have the surplus that we have, we borrowed $31 million last year, and that money was used in the operation of the government to cover our deficit of $17 million plus some carry forward from the previous year to come up with our $24.2 million surplus. My concern is the economy may be getting better, then it may not be getting better. To not have adequate funds in our rainy day account, I think, is not good fiscal policy. And the money can be taken out with a majority vote of the council, or 10 votes of the council on short notice in an emergency. So putting the money in is not an impediment to getting it out in an emergency situation. So that's why I second. Thank you, Mayor. Thank you, Councilman Lane. Councilman Lawless. I'd just like to agree with Councilmembers, Bennett and Kay and Farmer. we have gone through this several times and I think that by calling this the rainy day fund it gives the public as well as a lot of council members a false understanding of what it takes to get that money out and so for that reason again I won't support the motion and won't support putting it in there at this time I would much rather see us have a money that is liquid that we can access if we need it. Thank you. Vice Mayor Gordon. Thank you, Mayor. Mr. Barbary, when this motion came up and was voted on a while ago, I can't remember when it was exactly, did we have a budget amendment with it? You did. it was my recollection is i don't remember whether it was a separate item or whether it's part of another one that you bifurcated and pulled out but there was actually a budget amendment moving the money from uh this specific account into the contingent economic contingency fund so if this were to pass we would have a budget amendment already um if you followed the normal protocol you would have a budget amendment at some point in time that actually moved the money yes okay thank Thank you. Thank you, Vice Mayor. All right. Appears no one else, no council members, wish to add to the discussion, so that will allow us to take a vote on the motion. All in favor of the motion, please indicate a saying aye. All opposed. Aye. All right. Need to vote electronically. All opposed, no. The motion fails 8 to 7. All right. Allows us to move on. Council Member Ford for a walk-on or suspension. Mayor, I request a suspension. I move that we suspend the rules and give second reading to ordinance number 11 in order to expedite the amenities of parking in the transition. So moved. Second. There's a motion by Council Member Ford and a second to suspend. Is there any discussion on the motion? 11. on number 11. All right. Is there any discussion? All right. Hearing none, then we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Madam Clerk. Yes, sir. Second reading for Ordinance No. 11, an ordinance pursuant to the Code of Ordinances Section 18-83 and Section 18-109 designating Lewis Street as a one-way street with angle parking and authorizing and directing the Division of Traffic Engineering to install proper and appropriate signs and markings in accordance with the designation. Thank you. Motion to approve. Second. Second. It's motioned by Council Member Ford, seconded by Council Member Ellinger. Is there any discussion? All right. Hearing none, then call the roll, please. Yes, sir. Mr. Stennett? Yes, ma'am. Ms. Akers? Yes. Mr. Beard? Yes. 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. Ms. Lawless? Yes. Ms. Mazzotti? Yes. Mr. Myers? Yes. And Ms. Scutchfield? Yes. Thank you. All right. The vote reflects passage of the motion. Thank you, Madam Clerk, whenever you're ready. Resolution number one, 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 two, a resolution accepting the bid of Rio Grande Fence Company in the amount of $148,831 for the 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 Fence Company related to the bid. Number three, 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 four, 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 five, 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. Council Member Farmer. Thank you. On item number six, this is an item of business that Council has spent some time on. And rather than vote it up or down this evening, I would like to spend some more time on it, and I would ask the council's indulgence in that. I move that we table item number six on second reading of resolutions until the June 6, 2013 council meeting. So moved. Motion by Council Member Farmer to table. Second by Council Member Stennett. Motion to table is not debatable. All in favor of the motion to table. Is there any questions about the motion? Is there any questions? I know it's not debatable. I'm just saying are there any questions about what we're voting on? All right. Motion to table. Council Member Myers. Thank you, Mayor. This is a motion. So it's to clarify your question to clarify the motion. It's a little different than that. My question was it has to be it's not debatable. So if it is to clarify his motion, then please go ahead. Okay. Okay. I'll let it go. All right. So motion and a second to table. Item. For the June. Until the June. And the motion to table is related to which section, Council Member Farmer? Item number six. Item number six. 480-13. All right. 0-480-13. All right. All in favor of the motion to table, please indicate by saying aye and voting electronically. can we get that all right the motion to table passes That allows us to move to item number. Mayor Farmer. There you go. Promotion. Thank you, Mayor. Yes, sir. Thank you, Mayor. Council Member Farmer. Thank you, sir. If it would be the Council's pleasure, we could take this item up in a closed session, perhaps at the end of our meeting this evening. But we don't have to. I was just going to make that as a companion comment after the vote. Thank you. All right. We'll consider that as the day moves along then. This allows us to move back to our clerk, Madam Clerk. Resolution number seven, for second reading, a resolution ratifying the probationary civil service appointment of Dent. Kent Dornbrock, golf course superintendent, principal, grade 117E, 2007-1696, 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, 1,96688, biweekly in the Office of the Chief Administrative Officer, effective April 29, 2013. Number 8, a resolution authorizing the Mayor on behalf of the Urban County Government to accept a donation from WLX-TV and Downtown Lexington Corporation of $1,740 for use at the Division of Police and the Division of Fire and Emergency Services as the designated beneficiaries of the Urban Mountain Challenge at no cost to the Urban County Government. Number nine, 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 ten, 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 11 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 12, 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 13, 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 14, 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 QPublic LLC, a sole source provider, at a cost not to exceed $3,000. Number 15, 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. 16. 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. 17. 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, of which grant funds are in the amount of $217,660 Commonwealth of Kentucky funds, are for the operation of the day 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 and encumbered funds within the grant budget. Number 18, 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 19, a resolution approving the FY 2014 budget of the Transit Authority of the Lexington-Faylor County Government, Lex Tran, 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 voters on November 9, 2004. and number 20, a resolution of the Lexington-Fayette-Irvin County Government authorizing and acknowledging the execution and delivery of 1. A first amended and restated loan agreement among the Lexington-Fayette-Irvin County Government, Republic Bank and Trust Company, a Kentucky Banking Corporation and the Lexington School Incorporated and 2. Any and all other related documents necessary thereto. Thank you. Thank you, Madam Clerk. Approval. And there's a motion to approve. Is there a second? Second. Second by Council Member Kaye. Yes. Is there any discussion on the motion? All right, then hearing none, whenever Madam Clerk is ready, please call the roll. Mr. Stenet. Mr. Stennett? Yes, ma'am. Ms. Akers? Yes. Mr. Beard? Aye. Mr. Clark? Yes. Mr. Ellinger? Yes. Mr. Farmer? Aye. Mr. Ford? Yes. Ms. Gorton? Aye. Ms. Henson? Yes. Mr. Kay? Yes. Mr. Lane? Yes. Ms. Lawless? Yes. Ms. Mazzotti? Yes. Mr. Myers? Yes. And Ms. Scutchfield? Yes. Thank you. Thank you, Madam Clerk. The vote reflects passage of the motion, which allows us to move on to resolutions for a first reading. Madam Clerk, whenever you are ready. And I think on number 57, there's a motion, perhaps a motion to amend, I am told. Yes, I am. All right. That's a long ways from now, but it's there. would you like me to yes sir yes yes sir number 21 resolution number 21 for first reading a resolution accepting the bid of quality cleaning services incorporated establishing a price contract for cleaning services for flooding for the division of water quality number 22 a resolution accepting the bids of woodall construction company incorporated tom chestnut excavation and construction llc and purdue environmental contracting company Incorporated, doing business as Pail Co. Incorporated, establishing price contracts for equipment rental with operator for the Division of Streets and Roads. Number 23, a resolution accepting the bid of a James A. Wade establishing a price contract for land for lease, cardinal-run mowing rights, and authorizing and directing the mayor on behalf of the Irvin County Government to execute any necessary agreement with James A. Wade related to the bid. 24, a resolution accepting the bid of worldwide equipment establishing a price contract for CNG cab and chassis for refuse vehicles for the Division of Facilities and Fleet Management. 25, a resolution authorizing the Division of Human Resources to make a conditional offer to the following probationary civil service appointments of Eileen O'Donnell, Administrative Specialist Senior, Grade 112N, 16.805, hourly in the Department of Law. Ricky Butcher, Maintenance Mechanic, Grade 113N, 21.164, hourly in the Division of Water Quality. Robert Pulcini, Skilled Trades Worker, Grade 111N, 15.508, hourly in the Division of Facility and Fleet Management. Jeffrey Marshall, Security Officer, Grade 106N, 15.130, hourly in the Division of Facilities and Fleet Management. James Ratliff, skilled trades worker, grade 111N, 21.046 hourly in the Division of Facilities and Fleet Management. Brittany Watson, telecommunicator senior, grade 113N, 16.438 hourly in the Division of Emergency Management 911. Philip Thompson, planner senior, grade 117E, 1782-96 biweekly in the Division of Planning. Suzanne Combs, child care program aid, grade 107N, 15.586 hourly in the Division of Family Services. Candace Ural, Child Care Program Aid, Grade 107N, 12.588, hourly in the Division of Family Services. Beth Belden, Human Resources Analyst, Grade 115E, 1,69320, biweekly in the Division of Human Resources. James Hurd, Equipment Operator Senior, Grade 109N, 12.339, hourly in the Division of Waste Management. Tim Burton, Equipment Operator Senior, Grade 109N, 18.750, hourly in the Division of Waste Management. Amy Baker, Program Administrator, Grade 117E, $2,224.48, bi-weekly in the Department of Social Services, and Garrett Kroll, Treatment Plant Operator, Grade 113N, 17.474, hourly in the Division of Water Quality, all effective upon passage of counsel. Authorizing the Division of Human Resources to make a conditional offer to the following probationary sworn appointments, Sharon Solomon, Alondro Dodds, Timothy Jury, Brandon Howard, Jacob Agui, Luke Hamlin, Joshua Preston, Joshua Hall, excuse me, Joseph Hall, Melvin Trent, Adam Essex, Earl Leach, Leonard Miller, Evan Parton, Lindsey Wright, Derek Miracle, Robert Heisel, Justin Edwards, Justin Feck, Robert Sykes, Roger Meadows, Sean Velez, Jeffrey Marshall, Robert McNeil, Frank Gibson, John Rogers, Joseph Murray, Jared Hayden, Bryce Bowie, Kezai Azrael, Stanley Browning, Isaac Rodriguez, Bryant Bowles, Scott Hardig, Randall Miller, and Patrick Miller. Community Corrections Officer Grade 110N, 14.340 Hourly in the Division of Community Corrections Effective Upon Passage of Council. Authorizing the Division of Human Resources to make a conditional offer to the following unclassified civil service appointment. Brenna Angel, Program Specialist, Grade 112E, 1,628-08, biweekly in the Office of the Mayor, effective upon passage of counsel. 26, a resolution ratifying the probationary civil service appointments of Frank White, Body and Paint, Paint Mechanic, Certified, Grade 111N, 22.091, hourly in the Division of Facilities and Fleet Management, effective May 20, 2013. Teresa Maynard, Byer Sr., Grade 116E, 2069-92, bi-weekly in the Division of Central Purchasing, effective April 22, 2013. Gregory Schaefer, Maintenance Mechanic, Grade 113N, 17.077, hourly in the Division of Water Quality, effective June 3, 2013. And Blaine Wolfe, Maintenance Mechanic, Grade 113N, 18.233, hourly in the Division of Water Quality, effective June 3, 2013. Ratifying the permanent civil service appointments of Barbie Staff Assistant, Grade 107 in the Division of Police, effective April 1, 2013. Tabitha Hiley, GIS Specialist, grade 114 in the Division of Computer Services, effective April 22, 2013. Brad Meacham, Building Inspector, grade 113 in the Division of Building Inspection, effective May 6, 2013. And Christopher Phillips, Administrative Specialist, grade 110 in the Division of Waste Management, effective May 2, 2013. Ratifying the approved council leave for Elur Alu Equipment Operator Senior Grade 109N in the Division of Waste Management 35 days beginning July 4, 2013. Ratifying the unclassified civil service appointments of Melinda Jamieson, CASA Services Manager Grade 116E, 2001-31-36, bi-weekly, in the Division of Youth Services effective May 27, 2013, and India Thomason Equipment Operators Grade 108N, 15.594, hourly in the Division of Youth Services, effective June 3, 2013. Ratifying the unclassified civil service appointments in the Office of the Urban County Council, James Waddell, aid to counsel, grade 000E, 1,923.08, biweekly in the Office of the Urban County Council, effective May 13, 2013. And Hillary Angelucci, aid to counsel, grade 000E, 2,131.36, biweekly in the Office of the Urban County Council, effective May 28, 2013. 27. A resolution authorizing the Division of Waste Management on behalf of the Urban County Government to renew a contract with Verizon Wireless, a sole source provider for communication of GPS and route collection data and access to routeware system for four years at a cost not to exceed $180,000. Number 28, a resolution accepting the responses of AIC, Leverage Partners, Metaformers, Pomeroy, Signature Technology Group, SIS, and Zanet to provide information technology and consulting services pursuant to RFP No. 2-2013 and establishing price contracts and authorizing the mayor on behalf of the urban county government to execute any additional necessary agreements with the vendors related to the RFP. Number 29, a resolution authorizing and directing the mayor on behalf of the urban county government to execute and submit a grant application to the Kentucky Office of Homeland Security and to provide any additional information requested in connection with this grant application, which grant funds are in the amount of $13,633 Commonwealth of Kentucky funds from the Law Enforcement Protection Program and are for the purchase of a Throbot XT for the Division of Police. Number 30, a resolution authorizing and directing the mayor on behalf of the urban county government to execute an agreement with smart systems for chemicals for use in the dishwashing machine at the Family Care Center at a cost not to exceed $2,400. Number 31, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an amendment to agreement with the Bluegrass Area Development District to accept additional funding in the amount of $10,040 for operation of the Senior Citizen Center. 32, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute and submit a grant application to the Bluegrass Area Development District 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 $83,101 federal funds are for the operation of the Senior Citizen Center in FY 2014, the acceptance of which obligates the urban county government for the expenditure of $166,566 as a local match and authorizing the mayor to transfer unencumbered funds within this grant budget. Number 33, a resolution authorizing the mayor on behalf of the Urban County Government to execute change order number one to the contract with R.B. Juergens Contractors Incorporated for the Haley Pike Landfill Closure for the Department of Environmental Quality and Public Works, increasing the contract price by the sum of $484,075.29 from $2,250,895.35 to $2,734.935. $770.64. Number 34, a resolution authorizing the Division of Engineering on behalf of the Irwin County Government to purchase design services for the Northland Meadows Arlington Phase 5C project from ECSI LLC, a sole source provider at a cost not to exceed $22,500. Number 35, a resolution authorizing and directing the mayor on behalf of the urban county government to execute an interlocal cooperative agreement with the Kentucky counties of Anderson, Bourbon, Boyle, Clark, Estill, Franklin, Garrett, Harrison, Jessamyn, Lincoln, Madison, Mercer, Nicholas, Powell, Scott, and Woodford for the continued operation of and participation in the Bluegrass Workforce Investment Board. Number 36, a resolution authorizing the mayor on behalf of the urban county government to execute agreements with Friends of Skate Parks, Lexington, Kentucky, Inc., $140, and Dress for Success, Lexington Incorporated, $1,625 for the Office of the Urban County Council at a cost not to exceed the sums stated. Number 37, a resolution authorizing and directing the mayor on behalf of the Urban County Government to accept a grant from the U.S. Department of Homeland Security, Federal Emergency Management Agency, which grant funds are in the amount of $18,128 federal funds, are for a fire prevention program targeted toward the elderly, disabled, and or limited English proficient, the acceptance of which obligates the urban county government for the expenditure of $4,531 as a local match and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 38, a resolution of the urban county council directing the mayor to immediately fill vacant positions within the division of code enforcement effective upon passage of council. 39. A resolution authorizing the mayor on behalf of the urban county government to execute agreements with Kentucky PTA Athens-Charlesburg Elementary, 1,625. Metathorpe Neighborhood Association, $318. Seedleaf Incorporated, $2,400. Seedleaf Incorporated, $1,225. CASA of Lexington Incorporated $2,600 Bluegrass Domestic Violence Program $1,750 and Stonewall Community Association $600 for the Office of the Urban County Council at a cost not to exceed the sums stated. Number 40, a resolution authorizing the Mayor on behalf of the Urban County Government to execute an amendment to the 1957 agreement with CSX Transportation Incorporated to allow relocation of a sanitary sewer trunk line onto the Eastern State Hospital BCTC campus for the Division of Water Quality. Number 41, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an agreement with U.S. Geological Survey for the continuing and ongoing maintenance and operation of existing stream flow and precipitation gauges at a cost not to exceed $108,480 in FY 2014. Number 42. A resolution authorizing the mayor on behalf of the Urban County Government to execute a service agreement with Harshaw Train to provide scheduled annual preventive maintenance services for HVAC equipment at the Government Center, Police Headquarters, and Downtown Art Center for up to three years, with the cost in FY 2013 estimated not to exceed $8,600. 43. A resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute lease agreement with Mail Finance Incorporated, Neopost USA Incorporated, and Central Business Systems as the sole source provider for lease and maintenance of mailing equipment at a cost not to exceed $9,065.04 for the first year of a five-year lease, future years, subject to appropriations by Council. Number 44, a resolution authorizing the mayor or the commissioner of finance on behalf of the Urban County Government to execute a letter of agreement with Dean Dorton Allen Ford PLLC for preparation of the sheriff's settlement for the 2012 property tax year at a cost not to exceed $12,000 in FY 2014. Number 45, a resolution retaining Dean Dorton Allen Ford PLLC to conduct the audit of the Lexington-Fade-Urban County Government Water Quality Management Fund for the purpose of ensuring certain compliance requirements included in Ordinance No. 73-2009 and authorizing the Mayor or the Commissioner of Finance on behalf of the Lexington-Fade-Urban County Government to execute a letter of agreement and any other necessary documents related to the audit with the Norton-Allen-Ford PLLC at a cost not to exceed $12,000. Number 46, a resolution authorizing Dean Norton Allen Ford PLLC to conduct a financial audit of Lexington-Faylor County Government funds for fiscal year 2013 for an amount not to exceed $149,000 FY 2014 and authorizing the mayor on behalf of the Irvin County Government to execute a letter agreement and any other necessary documents with Dean Norton Allen Ford PLLC related to the audit. Number 47, a resolution accepting the bid of TW Telecom of Kentucky LLC in accordance with the provisions of Ordinance No. 50-2013, creating and offering for sale a short-term franchise for the operation of a non-exclusive telecommunications system in Fayette County and authorizing the mayor on behalf of the Irwin County Government to execute a franchise agreement with TW Telecom of Kentucky LLC, incorporating the terms and conditions of Ordinance No. 50-2013. Number 48, a resolution accepting the bid of Windstream Kentucky East LLC in accordance with the provisions of Ordinance No. 50-2013, creating and offering for sale a short-term franchise for the operation of a non-exclusive telecommunications system in Fayette County and authorizing the mayor on behalf of the Urban County Government to execute a franchise agreement with Windstream Kentucky East LLC, incorporating the terms and conditions of Ordinance No. 50-2013. Number 49, a resolution accepting the bid of Wild Telecommunications Incorporated in accordance with the provisions of Ordinance No. 50-2013, creating and offering for sale a short-term franchise for the operation of a non-exclusive telecommunications system in Fayette County, and authorizing the mayor on behalf of the Urban County Government to execute a franchise agreement with Wild Telecommunications Incorporated, incorporating the terms and conditions of Ordinance No. 50-2013. Number 50, a resolution authorizing the mayor on behalf of the urban county government to accept the donation of a military surplus ARFF apparatus valued at $165,000 from the Kentucky Fire Commission for use by the Division of Fire and Emergency Services. Number 51. local government to outline the procedures for hiring an energy service company, ESCO, to identify and implement cost-effective solutions to reduce utility consumption at the detention center. Number 52, rescinding Resolution No. 154-2011, authorizing a change order to Gershman, Brickner, and Bratton, Inc., to complete work on the Division of Waste Management Routeware Program to allow final clerical documentation. 53 a resolution authorizing the mayor on behalf of the urban county government to execute a memorandum of understanding with Fayette County Public Schools for transportation services for the family care centers students and their children for the 2013 2014 school year at a cost not to exceed $83,000 number let's see number 54 a resolution a resolution authorizing and directing the mayor on behalf of the urban county government to execute change order number one to the contract with triton services incorporated for hvac and piping repair for the phoenix building contract increasing the contract price by the sum of eight $5,360 from $218,440 to $226,800. Number 55. A resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a memorandum of agreement with the Lexington Library and Harmony HB LLC, a division of Anderson Communities Incorporated, for maintenance and improvements to Phoenix Park at a cost not to exceed $19,141. Number 56, a resolution authorizing the mayor on behalf of the urban county government to execute a memorandum of agreement with Metro Employees Credit Union, incorporated for the general provision of mutual services at no cost to the urban county government. All right. Madam Clerk, I think we have a motion regarding number 57. Council Member Lawless. I'm a little bit afraid. I'd like to move that item number 57 under the first reading of resolutions NDF be amended by adjusting the amount given to movable fees from $2,000 to $1,505. And that's due to an accounting clerical problem. Thank you. Motion by Councilman Lawless. Second by Vice Mayor Gordon. Is there any discussion on the motion? All right. Hearing none, we can take a vote. All in favor, please say aye. Opposed, no. Motion carries. Madam Clerk, would you give it a first read, please? Resolution number 57 as amended. A resolution authorizing the mayor on behalf of the urban county government to execute agreements with downtown Lexington Corporation, $1,500, Movable Feast, $1,505. Brokes Boat, $1,175. Transylvania Park Neighborhood Association, $1,000. Historic Woodward Heights Neighborhood Association, $500. Mentel Neighborhood Association, $1,500. Lexington Blazin' Cats Track and Field Club, LLC, $3,325. African American Forum Incorporated, $1,175. The Headley Whitney Museum, $1,250. 859 Nuggets AAU Program Incorporated, $400. Infant Nurture, $450. Victory Christian Church, $1,500. Idle Hour Neighbors Alliance, $450. Idle Hour Neighbors Alliance, $2,500. East Cooper Neighborhood Association, $3,000. Delaval Management Incorporated, $750. Kentucky Civil War Roundtable Incorporated, $450. Central Kentucky Radio, $50. and American Lung Association of Kentucky Incorporated $1,000 for the office of the Irving County Council at a cost not to exceed the sums stated. And number 58, a resolution authorizing and directing the Division of Traffic Engineering to install a crosswalk at the intersection of Fiddler Creek Way and Clearwater Way. Thank you. Thank you, Madam Clerk. All right. Are there any motions? Councilor Mayor Lawless. Me again. I'd like to suspend the rules and ask for a second reading on number 55, and this will allow the work to start on the Phoenix Park. Hooray, hooray, hooray. all right motion by councilman lawless second by councilman myers and also a second reading oh it's all right can i go on and do second reading i'm 57 the ndfs all right you wish to second oh okay i will yeah i rolled them together did you get those were did you get the numbers on All right, so there's one motion. 55-57. Council Member Lawless, seconded by Council Member Myers. All right. 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. Any other motions to suspend? Council Member Myers. Thank you, Mayor. I move to suspend the rules and give second reading number 58 so that work can begin on this crosswalk as soon as school is out. Second. Thank you. Motion by Council Member Myers. Second by Vice Mayor Borton. Is there any discussion on the motion? All right, hearing none, let me take a vote. All in favor, please say aye. Opposed, no. Motion carries. Council Member Scotchfield. Motion to suspend the rules and give a second reading to item number 39. Motion by Councilmember Scutchfield, second by Councilmember Henson, number 39. 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. Councilmember Stennett. Thank you, Mayor. Before I go, Councilmember Massadi's monitor is not working, and she has some walk-on, so if I yield to her, if that's okay. Thank you, Councilmember Stennett. Mayor, I'd like to suspend the rules and give a second reading to number 42 and number 54, please. Number 42 and? 54, please. 54. You get that, Susan. 42 and? 42 and 54, please. Thank you. 42 and 54. they're asking for a there's an interest in i'm sorry there's an interest in the reason for general services for those two items to get an air conditioner working all right that was is there any further discussion on the motion all right hearing none we can take vote. All in favor, please say aye. Opposed, no. Motion carries. Council Member Stenet. Thank you, Mayor. Item number 26, so we can get the civil service appointments completed, and then item number 45, so they can begin the audit of the Water Quality Management Fund. Second. All right. Motion by Council Member Stenet, seconded by Vice Mayor Gordon. Is there any discussion on the motion? number 26 and 45 45 sorry is there any discussion on the motion okay all in favor please say aye opposed no motion carries thank you mayor council member forward thank you mayor i move to uh suspend the rules and give second reading the resolution number 56. The administration and the credit union work very hard on this agreement that I request and I move suspension of the rules. Motion by Council Member Ford. Second by. I have discussion on that please. We have a second. Second. Second by Council Member Farmer. The floor is available for discussion. Council Member Myers. Thank you Mayor. I have spoken with Commissioner Law earlier. There are a couple questions that I had that she is going to check with HR on before we do this, so I'd appreciate if we didn't do second reading until we heard back since the Director of HR is out of town. All right, is there any further discussion on the motion? Yes, Mayor. I'd ask Councilmember Myers if he wished to share with the council what those questions may be. I do respect that we did. Are you able to share what those question maybe. We could do that here but I think it'd be just as easy to wait and give a second meeting in two weeks. There's no rush on this. It's not going to change anything. Which number? 56. 56, the credit union. There was some part of its access issues and I can just be kind of general like that or we can have a full-blown discussion on it if you like. All right. We have a motion. We have a second. Floor is available for discussion. Does anyone else wish to speak to the motion? Council Member Kaye. Thank you, Mayor. I want to repeat something I said at a previous meeting. I think if there's a question by a council member that we ought to honor that and not suspend the rules. Suspending the rules is an exception to our rules. So just in general, if a council member has a reason to want to keep it on the agenda, I think we've got to do that. Thank you, Mayor. Does anyone else wish to speak to the motion? Council Member Ford. Mayor, I kindly withdraw the motion on that basis. A lot of work has gone into this agreement. generally to keep things on second read is for the interests of the public, but I really have to believe that this matter is truly internal between our administration and the credit union. And I'll be very honest, I'll recently, at the conclusion of all this work, we had a representative from a credit union come to this body, unsolicited by the collective body, and I believe that their interest that they expressed interfered or had a, it interfered with the process that we asked to be done of the administration and the credit union with this resolution. And Council Member Myers was aware of their coming, and so that is my interest, to be quite honest is to actually get this passed and behind us but with all that said if one council member has a issue with the second read I'll kindly withdraw my motion thank you mayor all right the motion has been withdrawn and the second has been withdrawn all right that allows us to move on then council Vice Mayor Gordon. Thank you, Mayor. I move to suspend the rules and give second reading to number 50, which is a donation of apparatus to the Division of Fire and Emergency Services. Second. Motion by Vice Mayor Gordon. Second by Council Member Kay. Is there any discussion on the motion? Hearing none, then we can take a vote. All in favor, please say aye. Opposed, no. Motion carries. Are there any further? Mayor, the administration had a request on number 25. That's your conditional offer resolution. Move to suspend the rules and give 25 a second reading. Second. It's a motion by Vice Member Orton, second by Council Member Ellinger. Is there any discussion on the motion? All in favor, please indicate by saying aye. Aye. Opposed, no. Motion carries. All right. That looks like that's all. Madam Clerk, you look sorrowful. Whenever you are ready, and we will wait patiently. No, no, no, no, no, no. No sense in waiting. As you go through all the second reads. No sense in waiting. Why not just have some fun? 25. Number 25 for second reading. A resolution authorizing the Division of Human Resources to make a conditional offer to the following probationary civil service appointments. Eileen O'Donnell, Administrative Specialist, Senior, Grade 112N, 16.805, hourly in the Department of Law. Ricky Butcher, Maintenance Mechanic, Grade 113N, 21.164, hourly in the Division of Water Quality. Robert Polcini, Skilled Traits Worker, Grade 111N, 15.508, hourly in the Division of Facility and Fleet Management. Jeffrey Marshall, Security Officer, Grade 106N, 15.130 hourly in the Division of Facility and Fleet Management. James Ratliff, Skilled Trades Worker, Grade 111N, 21.046 hourly in the Division of Facility and Fleet Management. Brittany Watson, Telecommunicator Senior, Grade 113N, 16.438 hourly in the Division of Emergency Management, 911. Phillip Thompson, Planner Senior, Grade 117E, 1,782.96 bi-weekly in the Division of Planning. Suzanne Combs, Child Care Program Aid, Grade 107N, 15.586 hourly in the Division of Family Services. Candace Ural, Child Care Program Aid, Grade 107N, 12.588 hourly in the Division of Family Services. Beth Belden, Human Resources Analyst, Grade 115E, 1,693.20 bi-weekly in the Division of Human Resources. James Hurd, Equipment Operator Senior, Grade 109N, 12.339 hourly in the Division of Waste Management. Tim Burton, Equipment Operator Senior, Grade 109N, 18.750, hourly in the Division of Waste Management. Amy Baker, Program Administrator, Grade 117E, 2002-2448, bi-weekly in the Department of Social Services. And Garrett Crawl, Treatment Plant Operator, Grade 113N, 17.474, hourly in the Division of Water Quality, effective upon passage of council. Authorizing the Division of Human Resources to make a conditional offer to the following probationary sworn appointments, Sharon Solomon, Alondro Dodds, Timothy Jury, Brandon Howard, Jacob Agui, Luke Hamlin, Joshua Preston, Joseph Hall, Melvin Trent, Adam Essex, Earl Leach, Leonard Miller, Evan Parton, Lindsey Wright, Derek Miracle, Robert Heisel, Justin Edwards, Justin Feck, Robert Sykes, Roger Meadows, Sean Velez, Jeffrey Marshall, Robert McNeil, Frank Gibson, John Rogers, Joseph Murphy, Jared Hayden, Bryce Bowie, Gizia, Israel, Stanley, Browning, Isaac, Rodriguez, Bryant Bowles, Scott Harding, Randall Miller, and Patrick Miller. Community Corrections Officer Grade 110N, 14.34 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 of Brenna Angel, Program Specialist Grade 112E, 162808, biweekly in the Office of the Mayor, effective upon passage of counsel. Number 26. A resolution ratifying the probationary civil service appointments of Frank White, body and paint mechanic certified grade 111N22.091 hourly in the Division of Facilities and Fleet Management, effective May 20, 2013. Teresa Maynard, buyer senior, grade 116E, 2069-92, biweekly in the Division of Central Purchasing, effective April 22, 2013. Gregory Schaefer, Maintenance Mechanic, grade 113N, 17.077, hourly in the Division of Water Quality, effective June 3, 2013. And Blaine Wolfe, Maintenance Mechanic, grade 113N, 18.233, hourly in the Division of Water Quality, effective June 3, 2013. Ratifying the Permanent Civil Service Appointments of Barbie Tapp, Staff Assistant, grade 107N, in the Division of Police, effective April 1, 2013. Tabitha Heiley, GIS Specialist, grade 114N, in the Division of Computer Services, effective April 22, 2013. Brad Meacham, Building Inspector, Grade 113 N, in the Division of Building Inspection, effective May 6, 2013. And Christopher Phillips, Administrative Specialist, Grade 110 N, in the Division of Waste Management, effective May 2, 2013. Ratifying the approved council leave for low equipment operator senior, Grade 109 N, in the Division of Waste Management, 35 days, beginning July 4, 2013. ratifying the unclassified civil service appointments of Melinda Jameson Casa Services Manager, Grade 116E, 2001-31-36, bi-weekly in the Division of Youth Services, effective May 27, 2013, and India Thomason Equipment Operator, Grade 108N, 15.594, aeroning the Division of Youth Services, effective June 3, 2013, ratifying the unclassified civil service appointments in the Office of the Urban County Council, James Waddell, aid to council grade 000E 1009-2308 bi-weekly in the office of the Urban County Council effective May 13, 2013 and Hillary Angelucci, aid to council grade 000E 2131-36 bi-weekly in the office of the Urban County Council effective May 28, 2013 number 39 A resolution authorizing the mayor on behalf of the Urban County Government to execute agreements with Kentucky PTA Athens-Charlesburg Elementary $1,625, Metathort Neighborhood Association $318 Seedleaf Incorporated $2,400 Seedleaf Incorporated $1,225 Casa of Lexington Incorporated $2,600 Bluegrass Domestic Violence Program $1,750 and Stonewall Community Association $600 for the Office of the Urban County Council at a cost not to exceed the sums stated. Number 42. A resolution authorizing the mayor on behalf of the urban county government to execute a service agreement with Harshaw Train to provide scheduled annual preventive maintenance service for HVAC equipment at the government center, police headquarters, and downtown arts center for the up to three years with the cost in FY 2013 estimated not to exceed $8,600. Number 45 a resolution retaining Dean Norton Allen Ford PLLC to conduct the audit of the Lexington-Fade Urban County Government Water Quality Management Fund for the purpose of ensuring certain compliance requirements included in Ordinance No. 73-2009 and authorizing the Mayor or the Commissioner of Finance on behalf of the Lexington-Fade Urban County Government to execute a letter agreement and any other necessary documents related to the audit with Dean Norton Allen Ford PLLC at a cost not to exceed $12,000. Number 50. A resolution authorizing the mayor on behalf of the Urban County Government to accept a donation of the military surplus ARFF apparatus valued at $165,000 from the Kentucky Fire Commission for use by the Division of Fire and Emergency Services. Number 54. A. Resolution authorizing and directing the mayor on behalf of the urban county government to execute change order number one to the contract with Triton Services Incorporated for HVAC and piping repair for the Phoenix building contract, increasing the contract price by the sum of $8,360 from $218,440 to $226,800. number 55 a resolution authorizing and directing the mayor on behalf of the urban county government to execute memorandum of agreement with the Lexington Library and Harmony HB LLC a division of Anderson Communities Incorporated for maintenance and improvements to Phoenix Park at a cost not to exceed $19,141 and number 55 that's not me The computer's still working. Is that a cell phone? Alert? I don't know. All right, keep going. Proceed, Madam Clare. Yes, sir. That was something new. Number 57, as amended. Stars and stripes. A resolution authorizing the mayor on behalf of the Urban County Government to execute agreements with Downtown Lexington Corporation, $1,500. Moveable Feast, $1,505. Broke Spoke, $1,175. Transylvania Park Neighborhood Association, $1,000. Historic Woodward Heights Neighborhood Association, $500. Mentel Neighborhood Association, $1,500. Lexington Blazin Cats Track and Field Club, LLC, $3,325. African American Forum Incorporated, $1,175. The Headley Whitney Museum, $1,250. 859 Nuggets AAU Program Incorporated, $400. Infant Nurture, $450. Victory Christian Church, $1,500. Idle Our Neighbors Alliance, $450. Idle Our Neighbors Alliance, $2,500. East Cooper Neighborhood Association, $3,000. Delaville Management Incorporated $750 The Kentucky Civil War Roundtable Incorporated $450 Central Kentucky Radio I $50 And American Lung Association of Kentucky Incorporated $1,000 For the Office of the Urban County Council at a cost to exceed Not to exceed the sums stated That's it Is that it? Okay Thank you Madam Clerk Motion approved Motion by Councilmember Ellinger to approve, second by Councilmember Myers. Is there any discussion on the motion? All right. Hearing none, then, Madam Clerk, when you're ready, please call the roll. Mr. Stennett? Yes, ma'am. Ms. Akers? Yes. Mr. Beard? Aye. Mr. Clark? Yes. Mr. Ellinger? Yes. Mr. Farmer? Aye. Mr. Ford? Yes. Ms. Gorton? Aye. Ms. Henson? Yes. Mr. Kay? Yes. Mr. Lane? Yes. Ms. Lawless? Yes. Ms. Mazzotti? Yes. Mr. Myers? Yes. And Ms. Scutchfield? Yes. Thank you. thank you madam clerk the vote reflects passage of the motion next on next on our agenda communications from the mayor's office move approval motion by vice mayor gorton to approve 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. Next on our agenda is this report that's just received and filed. It's action not required. Next on our agenda is announcements. Any council members wish to make an announcement tonight? All right. Next on our agenda is public comments. I'll open the floor for public comments, and I have a few people signed up, beginning with Mr. Dick Owen. Mr. Captain? Captain, good to see you, sir. Retired, and it feels good. Yes. Yes, sir. Mayor and Council, thanks for allowing me to speak tonight. I've got just a few short concerns concerning the mobile food unit. I'm going to read directly from my notes in the interest of time so I don't wander. They're quick. First of all is the aesthetics problem of the mobile food units. Food trucks would be counterproductive, in my opinion, to maintaining the appearance of our elegant buildings like the Old Fayette County Courthouse, the Robert Stevens Courthouse, and our beautiful library, as well as this building. The operation of food trucks appear to be counterproductive to the types of luxury businesses that Lexington is trying to entice to its downtown area, such as the 21C Boutique Hotel. I don't know if any of you have seen the 21C in Goullable or not. It is exceptional. We are tickled to death to bring it here. However, I'm kind of reluctant. I don't think that the food trucks are going to be aesthetically pleasing for nice boutiques and other type businesses coming to the downtown area. I think there's a conflict here in what we're trying to accomplish. A negative carnival atmosphere will be created because each truck or trailer will be a different size, shape, color. Do we want that in our downtown? Do we want our downtown to look like a carnival? Something to think about. Our downtown vision that Mr. Mayor and a lot of the planning staff and other people have been working very, very hard on has been to bring about the raising of our water works in the downtown area and all the other surrounding issues. I think that food vending trucks will destroy the outcome of that vision, that huge vision, should that be successful. A limited number of small roving food carts would blend in with the grand scheme of the project, but larger trucks and trailers would stick out like a sore thumb. We have a sign ordinance. I've not read it in a long, long time. but it pretty much says that it pertains to certain businesses. The signs have to be certain sizes and other specifications. The purpose of this ordinance is to establish an aesthetically pleasing downtown so downtowns don't look like some other city's Chinatowns. From my perspective, each food truck and trailer will become an individualized commercial sign. Each truck that you have down there, each trailer you have down there is going to be an individual commercial sign. This is not compatible with the sign ordinance. The two have not been worked together to see how compatible they are, how incompatible and what you need to do. One issue is going to have to be worked out with the other. The 100-foot buffer to the residential areas. Right now, I have not measured it, but when I drive by the 6th Street Brewery, in my opinion, that vendor truck that's out there is well within 100 feet of the residential area. So that needs to be worked out. You can't carve out an exception. Captain. Oh. Dick, you know, from your tenure as captain on the police force, you know how unpopular sometimes you were when you had to be the rule keeper. You know how unpopular that was. That doesn't go away, Mayor. No, I know. I know. I know. It doesn't go away. And that's the thing. I've got these rules on the three-minute. I know that you're aware of that. You're pretty close to it, aren't you? Yes, I am. Okay. Two more paragraphs. Okay. Go right ahead. I thought it was four minutes, to be honest with you. Yeah. Okay. The Division of Police should not be given the additional responsibility of enforcing the food truck ordinance because it is currently grossly understaffed and will continue to be grossly understaffed for many years because of staffing levels that have been already gutted. Albany, New York, the state capital, has been using food vendor trucks for years. They are parked alongside the multi-billion dollar, 1800 state capital building, the Greek style state mansion, and the huge Rockefeller state office complex. the trucks have totally destroyed the aesthetics of these beautifully designed buildings. Lexington has a small downtown. It is compact with a few streets. Adding food vendor trucks within a compact area will cause additional congestion. And lastly, parking has always been a premium within our small downtown area. The addition of food vendor trucks will only exasperate an already tight parking situation and leave even fewer spaces for those visitors who use our city. things just to kind of take into consideration for those that you haven't like the sign ordinance for example more work to be done i think thanks for listening thanks captain mr sean tibbets i'm a little shorter than the captain there there we go all right my name is sean tibbets i live at 4009 Hillside Drive. Honorable Mayor, Vice Mayor, Council Members, Honorable Guests, and Fellow Citizens, I come to you tonight both as the Director of the Bluegrass Food Truck Association, the largest food truck association in Kentucky, but also as a Fayette County business owner directly impacted by the legislation that's before you tonight. I first want to thank the Vice Mayor Gordon for forming the food truck work group and Council Member Akers for bravely taking on the role of Chair. Also, the work group members and participants and meeting attendees for dedicating so much of their personal time, attention, and input into the process that resulted in the ordinance currently under review. Personally, I feel honored to have been invited to be a part of that legislative process and really enjoyed being in that process. Let me find this here. There was groundbreaking work that was done by the Bluegrass Food Truck Association, or the Bluegrass Food Truck Work Group. And the Bluegrass Food Truck Association and its members support this ordinance, and we appreciate all of the hard work that's gone into it. The ordinance achieves a long-held goal of food truck entrepreneurs and begins to address the desires of over 2,000 constituents who have asked the council to support food trucks on public property by signing our petitions. As a business owner who wants to see the business model thrive and continue, I do have some hesitations with regard to the ability to meet the intent of each portion of the program rules since some of the details are yet to be interpreted by the parking authority while the program is underway. The members of the Bluegrass Food Truck Association are very anxious to participate in the program, and our concerns for ensuring we implement the rules correctly and accurately are only coming from a place to ensure that the program has a future after the six months. In addition, we also have the utmost faith that the chief administrative officer will do an excellent job guiding the program participants, such as myself, to a successful implementation. We feel if implemented well, this program has the ability to demonstrate to all Lexingtonians just how vibrant our downtown can be, with the addition of innovative food entrepreneurs to our public landscape, and will serve as an excellent first step to what we hope will result in our ability to demonstrate the unique, high quality, and economically positive impact that food trucks can bring to our entire city. My request of you, honorable council members, is the same tonight that it has always been since we met two years ago, and that is to free the food trucks. Thank you. Thank you, Mr. Tibbetts. Mr. Bernard McCarthy. Your Honor and members of the council, for the record, my name is Bernard McCarthy. My address is 515 Harry Street. I want to say, first of all, I strongly object to anything that rips out any existing street within the city. And from the exhibit that I saw two weeks ago, it looks as if your proposal for digging up Town Branch would do exactly that. because what was presented at the Downtown Arts Center, I noticed the viaduct next to this building for Martin Luther King Street was missing, and the Jefferson viaduct was also missing. I think we need to keep those two viaducts. You claim to want two-way streets instead of one way. Well, those two streets are already two-way. Ripping them out would be crazy. I will point out, much as I have fussed over traffic and streets, there is one thing that would upset me far worse even than tearing out all the streets in the city, and that would be if this government were to ever pay for or encourage anyone to have an abortion. I happen to be solidly on the pro-life side, and I would resent the daylights out of it if you used my tax money to support the other side. Thank you, Bernard. I mean, Mr. McCarthy. Okay, Ms. Lily Miller-Johnson. We haven't seen you in a while. Welcome back. Yes, ma'am. Thank you for welcoming me back. Thank you, Mayor Gray and Vice Mayor Gordon and the Urban County Council. I am Lily Miller-Johnson. I am a supervisor with the Soil and Water Conservation District in Fayette County. And I came to update you on the concerns and issues of the Conservation District. I emailed some of you that last year our Envirathon group went to California, and we made sure everybody got there. This year, the Envirathon, we have three teams that won in the regionals at JBAS, Kentucky, and they're going to the nationals on August the 4th through the 9th, in Boisman, Montana. And last year, they, of course, finished 17th out of a nation in the nationals with Envirathon. And I also want you to know the KACD convention is July the 14th through the 16th in Bowling Green, Kentucky. So you're all welcome to attend. I also wanted to mention that with the environment teams going to Boise. We were not counting on them, you know, all three teams going, but if some of these students are in your districts and we would surely like for you to support us not only with your support but financially also, it would really help. The other issues of concern to the district is the farm bill. is the Farm Bill of 2013, which was the Senate Ag Committee passed the bill with a 15-5 vote on May 14. The major changes in that bill will be new options for crop insurance and conservation requirements, Supplemental Nutrition Assistance Program, which is the food stamp program, and the dairy program. And if there are any other questions, please feel free to ask me or contact me. I've given some of your cards. I'll get the rest to you next week. The Mississippi River Basin Initiative, there were 13 states involved in that, and Kentucky is one of them. And we have the Licken River Watershed, the Lower Green River Watershed, and Mayfield Creek Watershed. And so I just wanted to update you on those things. And thank you very much for having me. Thank you, Billy. Thank you so much. Mr. Pappas. Thank you so much for your time. I'll be very brief. My name is Ilias Papas. I operate a food truck, and very soon I open a brick-and-mortar restaurant on 313 South Aston and Avenue. I want to thank you for the opportunity to be able to operate a food truck in the city, as my plan to be able to open a restaurant was always within my scope, but working for the last 10 months allowed me for one single person and a tent and a few little equipment to be able now to open a brick and mortar and hire people and, of course, grow my business. And from what I understand, along with some other food truck operators, they are getting ready to do the same, at least two of them. So it seems like with this small little concept, how businesses grow and transform, and I think this is great to have within our culture in the city. Thank you so much. Thank you, Mr. Pappas. Mr. Harris. Hello, my name is Frank Harris. I live at 282 Old Kingston Road. I've got two very trivial things and then one sort of serious thing. I was just curious if it would be possible when you all post the voting results on your screen, if you could put the date, the issue number, and then a brief title for each issue so that when people were looking at that screen, it wasn't a generic screen with just the names of the council people on it. Then that way, if somebody wanted to take a picture of it for future records or posterity or whatever to put on Facebook, then they would have a snapshot of the vote on a particular issue and it would be a meaningful record of that issue. Okay. Number two, when I have voted in the last two elections, I know there's been a redistricting and I haven't checked the map. Previously, I was in Tom Blue's district. I live on the boundary of what used to be the second district. And I don't know if it changed hands if I'm in Chris Ford's district now or not. I need to check the map. But when I go to actually vote, they have had the voting machine set up so that I'm actually not allowed to vote in the district that I believe that I was assigned to. So that was true in the previous two elections. That may not be true today with the redistricting. So I've never brought that up in a formal kind of way. I was wondering if someone could check where Old Kingston Road is actually supposed to be within the district and if the voting machines were properly set up that way. Okay. Item number three, empower Lexington. I'm very concerned that Lexington has aligned itself with ICLEI and Agenda 21, whose stated goals are to take away our property rights. And right now, I believe that Empower Lexington is not acting in accordance with the open records and open meetings laws. I believe that they're making an end run around those laws and trying to propose and get law enacted without being under the public scrutiny, which the open records and open meetings laws are supposed to guarantee. I filed a complaint today with Blaine Early. He has three days to respond. If he doesn't respond or if he responds in a way that is not to my satisfaction, I intend to take this up with the Attorney General's Office so that he can rule if Empower Lexington is indeed a, should be under the open records and open meetings laws. Thank you very much. Thank you, Mr. Harris. The Vice Mayor has a comment related to Mr. Harris' comment. Mr. Harris, your comment about redistricting, when you leave tonight, if you look at the bottom of the stairs, I think we still have the redistricting map on an easel. and we did as of last week, so it should still be there and you could look at your road. Thank you. Councilman Lawless. Also, the issues with the voting machines, et cetera, I suggest you call the Fayette County Clerk, Don Blevins, Mr. Don Blevins, and they have a website, and you can type in your address, and it should tell you. But any irregularities should go to him because we want you to vote like everybody else. Thank you. All right. Thank you. That is all. That represents everyone who has signed up for public comment. Thank you all for joining us tonight. We'll call on Council Member Farmer. Mayor, if it is the pleasure of the council, I will place this motion. I move that we go into closed session pursuant to KRS 61.810 LF for discussions that may lead to the appointment of an employee. So moved. Second. It's a motion by Council Member Farmer. Who is the second by? Second by Council Member Kaye. Is there any discussion on the motion? All right. All in favor of the motion, please indicate by saying aye. Aye. Opposed, no. No. Motion carries. All right, folks, we're going into closed session. Sally, you might want to stay. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. I'm out. guitar solo Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. I'm going to go ahead and put it in the middle of the road. Thank you. Thank you. Thank you. I'm going to go ahead and put it in the middle of the road. 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I'm going to go to the next video. Thank you. I'm sorry. I'm sorry. Thank you. I'm sorry. Thank you. Thank you. Thank you. Thank you. Thank you. I'm going to go to the next video. Thank you. I'm out. guitar solo I'm sorry. I'm sorry. Thank you. I'm sorry. guitar solo guitar solo Thank you. Thank you. Susan, you know what's going on? You know what's going on? Okay. I make a motion that we return to open. I will ask. There's a motion by Council Member Massadi to return to open session, and there's a second by Council Member Scotchfield. Is there any objection to the motion? All right, then we'll return to open session. Mayor. All right, Council Member Farmer. I'd like to make a motion to reconsider the motion to table item four. Second. Item zero. Six. Six. Six. Item number six and second reading of resolution. Second. Second. Place it on the docket for second reading and a vote. Thank you. Motion by Council Member Farmer, second by Vice Mayor Gorton. I'm sorry. My God. All right, we'll get the next one. You'll get the next one, George. All right. Is there any discussion on the motion? All right. Hearing none, then we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Madam Clerk, would you give us a second reading, please? Sure. After I find it. Resolution number six for second reading. A resolution authorizing the Division of Human Resources to make a conditional offer to the following probationary civil service appointment, Gregory Colvin, Assistant Director, Community Corrections, Grade 119E, 2008-55-36, biweekly, effective upon passage of council. Thank you, Madam Clerk. Is there a motion to approve? Motion by Councilor Ellinger, seconded by Vice Mayor Gordon. Is there any discussion on the motion? All right. Hearing none, then there is discussion. Council Member Lawless. Thank you, Mayor. Do we require polygraphs like they do for the police of our senior jail personnel? I don't know that answer, but the law. we don't require it but where we can it's not in their contract that they can't I'd have to check the bargaining contract I mean we do polygraphs for lifeguards like I said I have checked the correct there are two corrections bargaining contracts and I'll check that. Thank you. All right. Is there any further discussion on the motion? All right. Hearing none, then Madam Clerk, if you'll call the roll, please. Mr. Stenet? Yes, ma'am. Ms. Akers? Yes. Mr. Beard? Maybe. I mean, yes. Mr. Clark? Yes. Mr. Ellinger Mr. Farmer Mr. Ford Ms. Gordon Ms. Henson Mr. Kay Mr. Lane Ms. Lawless Ms. Massadi Mr. Myers Ms. Scutchfield Thank you Thank you Madam Clerk The vote reflects passage on the motion Move adjourned Motion to adjourn by Vice Mayor Gordon, second by Council Member Ellinger. Unless there is objection, the council will stand adjourned. Thank you. Thank you.