Quite a crowd with us tonight. Welcome to everyone. And for those of you who are brand new and first time in our council meeting, this is the way it works. our clerk for the council, she calls the roll right at the very beginning. And that's what I'm going to ask her to do. And then we have an invocation. All right, Madam Clerk. Yes, sir. Mr. Beard. Present. Mr. Clark. Present. Mr. Ellinger. Here. Mr. Farmer. Here. Mr. Ford. Here. Ms. Gorton. Here. Ms. Henson. Here. Mr. Kay. Here. Mr. Lane? Here. Ms. Lawless? Here. Ms. Mazzotti? Here. Mr. Myers? Here. Ms. Scutchfield? Here. Mr. Stennett? Yes, ma'am. And Ms. Akers? Yes. Thank you. Thank you. Thank you, Madam Clerk. All right. And next on our agenda is the invocation, which will be offered tonight by the Reverend Susan Cantrell-Smith. She goes also by Sunny. So, Sunny, thank you for joining us. And Sunny is with the community spiritual, she is the community spiritual leader of the Ahava Center. Thank you very much. Yes. Thank you for inviting me here tonight. For those of you who do not, are not familiar with Ahava, I'll just say a brief word that we are a spiritual community that is non-denominational and comes together to welcome all religions. Ahava is the Hebrew word for love. And so we come together simply to know and affirm that love is indeed always the answer. So if you're comfortable, I'll ask you to close your eyes. As we come together here tonight, we recognize and affirm that it is simply a blessing to be here. That this is the charge that we have been given through that universal principles of love and peace and harmony. This charge that we have been given is to be good stewards of our community. of the greater city of Lexington, of the state of Kentucky, and of the world. And so we come together knowing absolutely that there is no discord in God. Therefore, anything that may be discussed tonight is done through so that stewardship that we have been given of peace and of agreement, and that all things that are on this agenda are discussed and are absolutely facilitated through those universal principles of peace. We come together to know that sometimes we think we're in charge, but we know really inside that we're not. And so we come here together just simply to be this blessing that has been placed upon us by this agreement that we have made tonight to be here. And I rest in that, knowing that all that needs to be said is said, all that needs to be done is done, all that needs to be known is known through the clarity of that universal law and the presence of all that is holy. And I let this be knowing that it is good and I declare and affirm this meeting good. And so it is. Amen. Thank you so much. Thank you, Sonny. All right. Tonight we have two presentations. The first, recognizing the Bryan Station High School Spanish Immersion Program. And I'm going to ask Principal Mike Henderson and Alicia Benson, who is World Language Immersion Coordinator for Fayette County Public Schools, to join me and Council Members Stand at the podium. Thank you. The Spanish Immersion Program here in Lexington, we all know, is just a top-notch program. In fact, it was recognized by the Spanish Embassy. Students start learning Spanish at an early age, helping them develop multicultural awareness and preparation for a global economy. We're so glad tonight to recognize the important work you all do and the Spanish Immersion teachers do with young people. And several of them are with us tonight. And first, we're going to hear from Councilmember Kevin Stinnett. Thank you, Mayor. As a former alumni at Bryan Station, and also coincidentally one of the first children in Fayette County to graduate back a long time ago, we started Spanish back then in seventh grade. We were the first class to start in seventh all the way through high school. Got one of the first Commonwealth diplomas. And so I understand the value of a foreign language because not only did I really was immersed in it in high school, going to college, it was one of my double majors. So it played a big role in what it has done for the young people and what it will do for you later on in life. Even though I don't use it every day, and we don't use it much at council meetings unless my colleagues would like for me to start, I understand the value. And I know a lot of parents are here tonight, and a lot of parents are watching. There was a lot of angst, maybe with some of you in the room, about the program at Bryan Station. But credit to Mr. Henderson, Dr. Peoples in the past, and other principals and the teachers for making it work and making the parents thank you for sticking by the kids. And thank you for the kids for excelling, taking advantage of those opportunities, because I promise you they'll go far in life from what they have learned, and it'll benefit. Thank you. Thank you, Mayor. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thanks, Council Member Stenet. So now it's my pleasure. Can we have that one more time? We're going to read it here. It's my pleasure to present this proclamation declaring today Bryan Station Spanish Immersion Day. And I'm going to read it. It says that Bryan Station Spanish Immersion Day, in recognition of the Bryan Station High School Spanish Immersion Program, which was recently named School of the Year for Academic Excellence by the Embassy of Spain in the United States, do hereby proclaim June 6, 2013 as Bryan Station Spanish Immersion Day. Here we go. Mr. Henderson or Ms. Vincent, both of you all, we'd love to hear from both of you. Mr. Principal, go right ahead. Thank you very much, everyone. It's an honor to be here, of course. I mean, I'm here accepting the award, but our students are just fabulous. I mean, we have in Fayette County, through all the elementary grades and so forth, we have over 1,400 students that worked their way through. This past year we had 41 graduates that are near-native speakers when they leave. They get scholarships to Carnegie Mellon, and we had a Singletary Scholarship Award winner this year and last year. They were brothers, by the way, which is interesting. And they travel all over the world. So it's just a program that keeps a great group of kids together for 12, 13 years. They do a lot of things together. They cry together. They laugh together. And it's just a model for really what education should be like all the time. So Ms. Benson, of course, gives us tons of support at the IKSS level. And, you know, our teachers are fabulous. And the parents, yeah, we've got several parents here even tonight. Without their support, we can't do it. So it was a great honor. I got to go to Washington, D.C. and pick up that award. I did meet the second-place principal, and we had a nice talk. That was fun. but uh anyway we look forward to continuing that and uh once again mayor and everyone kevin thank you very much for this and we appreciate it thank you thank you all thank you all so much okay hold on wait a minute we got to get pictures we got to get pictures, y'all. Pictures with all the council members. Yes. After you. How are you? Thank you. Thank you. Councilmember Bill Farmer is going to join me. And I want to ask for Taylor McCowan, who's head coach, Henry Clay High, lacrosse team, to please join me, and Councilmember Bill Farmer. Coach, welcome. Welcome, Coach. Henry Clay lacrosse team capped off a perfect season, undefeated in 18 games, by winning the Kentucky Lacrosse Association State Championship last month. And we are glad. We are super glad to recognize your awesome win. So joining Coach McCowan, our assistant coach, Nick Carrozza, and a few members of the team, Braxton DeCamp, Logan Begley, Jake Linton, and Webb Band Meter. First, we're going to hear from Council Member Farmer. Council Member Farmer. Thank you, Mayor. Yes, sir. Having roamed the halls of Henry Clay, eventually receiving a degree in high school, it's a pleasure to welcome you gentlemen here today. Four years ago, you were just a brand-new club sport. Today, you're champions of our state. I think that says so much. Congratulations. The imprint, La Crosse, is beginning to leave on the city of Lexington. It is well exemplified by the work you all have done, and we will carry it forward from here. But congratulations on your accolade. Mayor. All right, so now it is my honor to present this proclamation declaring today Henry Clay Blue Devils La Crosse Champions Day. And I'm going to read the proclamation. In recognition of the Henry Clay High School lacrosse team, winners of the Kentucky Lacrosse Association Championship, I do hereby proclaim June 6, 2013, as Henry Clay Blue Devils Lacrosse Champions Day. All right, there we go. And now we are going to hear from the coach. The coach, yes, sir. Thank you, guys. First off, I would say thank you guys for having us. It's a big honor for us to be here and for these kids. It means a lot to me and all these boys and all the parents. First off, I'd like to say that these 50 boys that we've had on this team are probably the greatest kids I've ever met. They're student athletes, and they understand that lacrosse is a privilege, and they understand that they have to be successful in the classroom and then become successful in the lacrosse field. I think that's a big key to our success and the growth of these boys. In Kentucky, in the state of Kentucky, Louisville and Lexington had a little rivalry, and these boys didn't play for Dustin Henry Clay. They played for the city of Lexington, and also they played for the state. but it's nice to see the Lexington teams rising up and getting up there with the Louisville teams. So these boys are great individuals, and I'm looking forward to next year. And it was a great season. So just thanks for everything, and this is an awesome honor. And definitely I'll never forget this. So this is very cool for us. So it's awesome. Thank you, guys. Okay, we need to get photographs, everybody. Pictures, pictures, team. Come on, guys. Thank you. Thank you. You okay? You want me to stay here? I'm going to stay up here for the meeting. Okay. How are you? How are you? No. No. No. No. He's dead. He's fascinated. All right. All right. Well, we have been, the chambers have been drained. Bernard, you're alone again. Goodness. All right. Next on our agenda is the second reading of ordinances, and I'll ask the clerk to please give her second reading of ordinances. Yes, ma'am. Oh, all righty. Council Member Akers. Thank you, Mayor. I move that item number 11, under second reading of ordinances, the mobile food unit pilot program, be tabled until the June 20, 2013 council meeting to provide the Lexington Fayette County Parking Authority with sufficient time to adopt appropriate regulations and guidelines pertaining to the program. So moved. Second. It's a motion by Council Member Aker, seconded by Council Member Lane. Is there any discussion on the motion? All right. Hearing none, then we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. All right. Mayor, I'd like to speak to item number eight. I just want to give you a heads up before you get there. I'd like to say a couple words about that. All right. All right. Madam Clerk. Councilman? All righty. I will proceed and wait, and would you like for me to pause before number 8? Yes, please. All right. Councilman Stennett, is there a... All right. Ordinance number 1? Yes. An ordinance change in the zone from a single-family residential R1D zone to a townhouse residential R1-T zone for 0.95 net, 1.28 gross acres for property located at 4145 Harrodsburg Road, Patricia Donahue, Council District 10, number 2. And 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 3, an ordinance change in the zone from a planned neighborhood residential R3 zone to a neighborhood business B1 zone for 0.9798 net and 1.00774 gross acres for property located at 417 East Maxwell Street, including dimensional variances, Mickler Forest Incorporated, Council District 3. Number four, an ordinance pursuant to Sections 3.02, Subsection 24, and 6.12 of the Charter of the Lexington-Fade Urban County Government, transferring the Division of Building Inspection and the Division of Code Enforcement and the incumbents in all authorized positions, as well as all 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. Number 5. There's a motion on number 5. Council Member Stenet. Thank you, Mayor. I move to amend item number 5 on the docket under second reading ordinances. Delete the abolishment of one probation unit supervisor and five probation officers. These positions will be abolished after the newly created positions are filled. This is not a material change and does not require a first reading. So moved. Second. Motion by Council Member Stendon is seconded 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. Thank you, Mayor. Thank you, sir. Thank you, Council Member Henson. Madam Clerk. Ordinance number five as amended. an ordinance amending Section 2152 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, effective upon passage of counsel. Number six, an ordinance amending certain of the budgets of the Lexington-Fade Urban County Government to reflect current requirements for funds and the amount of $1,200 from Neighborhood Development Funds and the Commissioner of Social Services for Senior Intern Program and Appropriating and Reappropriating Fund Schedule No. 54, No. 7, and Ordinance Amending Section 2152 of the Code of Ordinances Transferring One Position of Network Security Engineer Grade 119E from the Division of Computer Services to the Division of Enterprise Solutions. Thank you, Madam Clerk. All right. Sorry, number eight, did you? Governor Lane, you said you wanted to speak to number eight. Thank you, Mayor. Yes, sir, I wanted to speak in proposing the rate increase, and I have several reasons for that. The first one is that the rate increase would impact every residence and business in Fayette County, and the rate increase would go from 3% of your utility bill to 4%. That's a 33% and a 30% increase in the rate. And based on what we've collected in the last few years, when this full tax increase was implemented, it would be equivalent to $6 million based on the current rates people are paying. But as you all know, the utility companies do raise rates, And so we have a built-in increase in our fee because the rates are going up. Secondly, every time a new home or a new business is built in Fayette County, they all have utilities. And so we'll get 3% on all of that new business that comes in also. So I am speaking and asking the council to not improve that rate increase. In addition to that, during our meeting this afternoon, there were some unknowns about our budget and our revenues for year-end, what kind of surplus we might have to carry forward. So that's another reason to sit tight on this. And then in closing, I wanted to cite the Herald-Leader on May 29th. and it says Lexington Mayor Jim Gray railed against the proposed rate increase by Kentucky American Water during the public hearing Tuesday evening at Bryan Station High School. The company has asked the Public Service Commission to increase its revenue by $12.3 million a year or a 14.6% increase. And I believe the mayor was very strong in saying that was a huge increase in the water fee. And I'm just saying that raising our franchise fee, a 3% or 4% is a 33% increase in the tax, and I think that's also excessive. So that's my comment. Thank you, Mayor. I'm going to reserve my response to that until we get through the second reading on ordinances and when discussion will be, and the opportunity for discussion will be provided for, because I would just love to speak to that point. Mr. Lane, thank you. Madam Clerk, you may continue with. I've rung in. Pardon? I have signed up to talk. Well, what I was, since the first reading of the, I mean, we are in the second read, I didn't know that it was my understanding that Mr. Lane may have had an amendment. We are reading the ordinances, and the appropriate protocol is after the reading of the ordinances, in discussion, then we will take up the discussion on any item. That is true, Mayor, but okay. All right, then I will go ahead and make the amendment. I'm making an amendment that we table this ordinance. Well, you've already spoken, excuse me, Mr. Lane, you've already spoken to the issue. Well, I'd like that. And you spoke to the issue. Now, if we're going to speak to the issue and then speak and then make a motion to table it as chair, that's inappropriate. Okay. Madam Clerk, please continue reading. Thank you. Number 9, 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 permits shall be granted for properties with a sewer use of record, properties with certain approved plans or flats, and properties in expansion area 2, providing that remodeling projects shall not require a permit, providing for staged capacity allocation for properties with certain approved plans with a maximum manual threshold as determined by a negotiated agreement, providing that an essential service project may be granted a permit without adequate capacity upon finding that such action is justified and will not detrimentally impact this cap, providing that a project with a significant economic impact may qualify for an administrative capacity approval if such action will not delay remedial measure plan projects, 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 in one year unless extended, and providing 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 on the consumer price index, providing exceptions for payments of administrative fees for certain properties, providing that determinations 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 provisions of the consent decree and approved cap, and providing that a formal review and audit of the cap and collected fees shall be performed every two years, and 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 10, an ordinance amending certain of the budgets of the Lexington-Fayette-Irvin County Government to reflect current requirements for municipal expenditures in appropriating and reappropriating funds. Schedule number 53, number 11 was tabled. in number 12, an ordinance amending certain of the budgets of the Lexington-Faylor-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 television for the Kenwick Community Center and appropriating and reappropriating funds, Schedule number 56 and number 13, an ordinance creating Sections 15-11.5 and 15-11.6 of the Code of Ordinances, Lexington-Taylorum 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 and more than $500 for each violation, all effective upon date of passage. Thank you. All right. Thank you, Madam Clerk. Is there a motion to approve? Move approval. Yes, seconded. Motion by Vice Mayor Gordon, seconded by Council Member Beard. Is there any discussion on the motion? Council Member Farmer. Mayor, thank you. I guess this will take ultimately a motion to amend our proceeding here. We've had a long budget afternoon, and money is as tight as it was. We've gone through a really good budget discussion, having a little bit more resources than we've had in the last couple of years, and it's provided us the opportunity to add some things and not come into this whole conversation trying to cut. However, I'm also mindful of the increased cost of government to everyone when any fee or tax is raised. And in that vein, as it relates to item number eight, I would hate to raise this fee before we absolutely have to. And I know that you had made comments that you were going to speak to what Councilmember Lane had said. But I know that we have continued our discussion about fund balance until our budget and finance meeting in August. I know along about that time is when we will be setting our property tax rates. and rather than acting today to raise this fee immediately, I would ask the council to consider tabling this until our August budget and finance meeting, which the effect of that would be we would not have the $2.5 million immediately to put towards the streetlight payment, quote-unquote, and we would have to work among ourselves or the administration to come up with another million and a half to balance the budget that this would have brought in before it would have been tabled or acted on or voted down, for that matter. So for purposes of discussion, in a long day of discussion, I would move to table item number eight until the August Budget and Finance Committee meeting. The motion to table is not debatable. I said earlier that I was going to speak to the comments that Council Member Lane made, which were directly, I didn't get a second yet. I know I didn't. I'm expecting that you will get a second. I want to say that I wish to speak to the comments that Council Member Lane said offered earlier, because they were specific to my comments related to Kentucky American. And I will go ahead and take a second on the motion, and then I will offer my comments. All right. Is there a second? Okay. There is a motion and a second. All right. Now, I will say this. You all have heard a lot. You've had a lot of discussion about budget, and I know what that's like. I've been there, too, and I am fully sympathetic with that. And, Council Member Lane, you mentioned the comments that I made to the Public Service Commission related to Kentucky American. I think if in your extraordinary experience, you know the history of Kentucky American and the challenges that we've had. Mayor, in all due respect, I do believe that this is a non-debatable item. This is not debatable. I'm speaking to a direct— I'd ask the parliamentarian to give a— There's a motion on the floor that's been recognized. That's the only issue, that we have a motion. Table has to be disposed of first. All right. Then I'll speak to this. All right. So motion, I'll accept the parliamentarian. Motion to table? Not debatable. All in favor of the motion to table, please indicate by saying aye. Aye. All opposed? Aye. All right. We'll need to do this electronically. So the motion to table passes 8 to 7. All right, I'd like to finish my comments. um councilman Elaine as you know Kentucky American made a decision to abandon the billing of the city's water services which is costing our city this year 3.2 million dollars that would go a long ways toward helping with these streetlights and since you have been a vigorous advocate for Kentucky American for some time. I would invite you to join me in going to see them and asking them to please reconsider that for the benefit of our city because you know those numbers so well, and I'm sure that that would be welcomed by all of our citizens. All right. And we can move on then. Oh, Vice Mayor Gordon. I'm so sorry, Mayor, But because this item was tabled, and I believe the motion came without a date, but okay. So this will make a change in the budget. And I would simply ask that by charter we are not permitted to pass an unbalanced budget. And I think, if I'm correct, this represents $4 million hole that we will have. Is that correct? Yes. Well, okay, Commissioner O'Mara is shaking his head yes. $4 million would be brought in by this franchise increase. Is that correct? Yes. so I would simply like to ask unless the council makes some kind of decision on its own here tonight for the administration to bring us a proposal for Tuesday morning at 9 o'clock when we go back to work on the budget to deal with this issue so that we're not trying to do it on our own there and then we can work with what they bring us it's just a request Is it Commissioner O'Meara or Ms. Hamilton? Does anyone wish to comment on the challenge presented us at this moment? We're here to serve. So we will take your direction and do the best we can and bring forward a proposal. And just may I make it in the form of a motion just so it can go on the record. All right. Vice Mayor, would you repeat the motion? Yes. I move to ask the administration to bring us a proposal for Tuesday morning at 9 a.m. when the council reconvenes on the budget to deal with the lack of a franchise agreement, the revenues. Well, I'm going to speak. I may not be speaking entirely. I'm speaking. We are developing this as we go. We are. The Council has taken the steps to table $4 million of the revenue projected, which represents a little over 1.5%, right? We're right at 1.5%. But I think that the administration needs to be able to examine this, and at the same time the council needs to examine the opportunities that this may present or the challenges it may present. Sally, do you wish to speak to this, or Bill, do you wish to speak to... Okay, maybe you've already said we're here to serve. We understand that. Are we able to meet those expectations in five days when the administration presented the budget? That budget is now being significantly altered. It's now the council's budget. So we respect that, and it may be that the administration needs some time to respond to this vote. and the motion that Vice Mayor Gordon has offered with a full understanding of why she's offering it for guidance, the real question to the administration is, is there adequate time to actually provide that guidance? It's a day for loaded questions. And the time will have a direct impact on the quality of the review that would be furnished to go into the recommendation. We have not spent a project time to come up with an alternate budget. Our intense time of analyzing the budget and making the recommendation was the product of the mayor's proposed budget. So the length of time that we have to analyze what to do next has a direct correlation to the detail and the quality of what we can bring forward. Vice Mayor. I appreciate that very much. I simply was, the reason I made the motion was to, out of respect to you all, you might know where to start. We can cut the budget on Tuesday, but I think we will have far less of a structure in which to do that. So that was why I had my motion, was I thought it would at least give us a place to start for discussion. Right, and understand the sentiment of it fully. And I think we'll comply with the sentiment, Vice Mayor, for sure. and we'll let you know that this is a precipitous decision. It clearly illustrates a divided council with a vote of 8 to 7. And the administration, I feel like we did it, the folks in our administration did a commendable, outstanding job. We waited as long as we could to implement this fee. We have worked to save over $500 million in the last two and a half years over time. And it was the last thing that we asked and suggested we needed to do. so you know it's very likely that some very significant investments and a lot of pain may occur as a result of this vote today but that's part of the democratic process and we understand it and we will work to do what we can yes ma'am I believe that was a motion Vice Mayor did we get a second on that we did somewhere alright Somewhere. I think there's a lot of people to speak. All right. And we have a motion, and we have a second, and we have a lineup of folks to speak, beginning with Council Member Lawless. Thank you, Mayor. One is, I have a question, a point of order. There isn't a motion to table required to have a date? Okay. Secondly, because of the I can't abide the waste of a single taxpayer dollar, and I think most people know that about me. And I'll support this motion, and I certainly appreciate the intent of it and giving the administration an opportunity to give us guidance. At the same time, we're now, it's the council's budget, and the council has decided to take $4 million out of the budget. So it's incumbent upon us to make the cuts, the hard cuts, the cuts that nobody wants to make. And so I look forward to that guidance from the administration, but the ball is now in our court. and because of the LexServe payment because Kentucky American Water Company no longer will do our billing for us as they have for years, it has put us in a terrible situation with many, many, many, many households having not paid it. Many of them don't even know they're supposed to be paying it. And so with that said, I will support this motion, but I think we as council members need to remember the balls in our court. Thank you. All right. Council Member Hanson. Thank you, Mayor. I just wanted to ask also when the administration brings us information, if we could have exactly how much of this fee would have gone towards street lights and what's the urgency of passing it now? I guess I was reluctant to vote to table it without knowing the consequences of doing that. So if we wait until August and then we can decide that we would then increase the franchise fee once we've had open discussion. and I would also like to have information about if an alternative form to cover the streetlights because I feel like it's pretty serious that we cover the cost for our streetlights that it is a public safety issue in my opinion, a very strong one But whatever that alternative is, how does it compare with the franchise fee? So the franchise fee would cost so much, an average of so much per household. So if we chose to go another route and generate revenue, what would that cost to our citizens? Are you okay with that? Yes, ma'am. When we did our presentation before on those franchise fees, we sort of addressed a lot of those issues. And I know I have difficulty remembering all those things. So what we'll do is go back and sort of incorporate all of this again. You could refresh my memory. I'd have to refresh my memory, too. Thank you. Thank you. All right. Council Member Stanton. Thank you, Mayor. Keith Horn, are you representing, I assume you're representing the law department tonight on this issue? Got a question. Based on the tabling tonight and Commissioner Graham's coming up, if, obviously, Council has planned on, unless someone from the prevailing side brings it back up, of course, not to discuss this again until April about raising the franchise fee. Or August, I'm sorry. Will we also have to amend the budget ordinance so that the fee is not passed in the budget and vote again? Or will it automatically stay in the budget, and if we pass it, it will pass the way it is? How does that work? Because it was part of the mayor's proposed budget. Will it automatically stay in there? Do we have to make a motion to take it out at this point? Because I know last year we passed it with an end, but we never passed it. It would seem to me that since you haven't yet adopted a budget, that the appropriate thing to do would be to remove it before you ratify. So it would have to be voted on again outside of tonight. We'd have another vote. Well, you would, but as a practical matter, it wouldn't have an effect because you haven't voted to increase this franchise fee. Right. But tonight's action means it's still in there. Nothing's been changed on the proposed budget. Right. Okay. So getting back to the issue at hand, I think we had our last presentation from Mr. O'Mara back on April the 26th, I believe it was, or thereabouts. And there are three different ways to approach this. And I think the public and this council has finally realized after three years of debating this issue and finally understanding what our deficits are that we have to do something. Now, what that something is, whether it be franchise, whether it be cash, whether it be a property tax, which currently funds it now, or another method, I think we still have room for some discussion on that. So, Mr. O'Meara, are you going to include the same presentation that you did on April 26th, basically the same information, and at that time we can make a decision? Now, going back to the vice mayor's motion, $4 million. Last year we passed the budget without a franchise fee increase, and we assume we would find $2.5 million in the budget. Is that the same case this year? Should we proceed? So you're really not finding four, you're finding $1.5 million, because it's the same as last year. What's the difference? I'm just trying to understand the difference. From my perspective, it is different. Last year's budget assumed a passage that would go into effect in October, so therefore it was budgeted to generate less money. This year, the assumption was that the franchise fee would be effective for the entire 12 months. Therefore, the amount that the fee is generating is larger in this year's budget than last year. Secondly, when the fiscal year 12 financial results were presented, It was recommended that $2.5 million worth of 2012 fund balance be used to fund the gap that was approved in the revenue part of the 2013 budget, but had not been funded because of the delay of negotiating the franchise. So we basically bought ourselves one year using fund balance, which brings us to today. Okay, I'm trying to understand what you just said. So last year's budget only had the $2.5 million was in there just for nine months? Yes. So how is it $2.5 million then for 12 months? Two different numbers. We have an estimated $2.5 million deficit funding problem with the streetlight fund that currently gets its revenue through special district property taxes. and three-quarters of a year's worth of franchise fee 1% increase is approximately $2.5 million. Twelve months of a franchise fee increase is approximately $4 million. Right, but not all $4 million is going towards streetlights. No, sir. The $4 million is in the general fund revenue, the $297 million, which we spoke about earlier today. And the total budget prepared by the mayor's proposed budget is approximately $295, $296. Incorporated in that proposed budget is a $2.5 million transfer to supplement the deficit in the streetlight fund from the general fund to the streetlight fund so that the projects and the program would be fully funded. Which is $2.5 million. It is. One and a half million is embedded in the total budget of FY14. Okay. So if we found it from another source, changed property tax in August, what impact would that have? If you found an alternate source, if you approved an alternate source for the deficit in the streetlight fund, that would relieve the general fund of the $2.5 million budgeted transfer that we currently have, and we're doing this year as well, to fully fund the streetlight program. And going back to Councilman Henson's question on timing, I'm not sure I agree that this has to be done by June 30th. I think if there's an alternative solution coming on the 2.5 portion, I think that's the same approach we took last year. I think it can still be funded another mechanism that just doesn't have to be done by July 1. And we may disagree on that, but I think we're really looking for $1.5 million of cuts versus $4 million. But that's just my take on it. We'll have a good discussion Tuesday morning. But thank you for your willingness to work, and I appreciate it. All right. Thank you. Councilman Beard. Thank you, Mayor. Actually, this is a question for the Vice Mayor. Is there any reason, Vice Mayor, that it has to be 1 percent? Could it be some fraction of 1 percent? My motion is that we, well, what are you asking? I'm talking about the franchise fee. Now that would be a question for someone in the administration. I did not set the 1%. Well, I know you didn't, but it's... I don't care who answers it, to tell you the truth. In answer to your question, it doesn't have to be in a full percentage. It can be anything in between. Yes. Okay. That's all I need to know. Thank you. Council Member Lane. I just want to add another bit of information here. Based on the comprehensive audit of the city from the period fiscal year 9 through fiscal year 12, we've averaged around $17 million a year in franchise fees. I believe that the new rates don't apply to every utility company yet, but I presume as we renew other franchise fees, other franchises, their fee will go up. But that has averaged a 2.4% increase for the last four years based on the audit. So based on that projection, the fee would be somewhere around $18 million for fiscal year 13. $17.8 was the estimate, and about $18.3 million for fiscal year 14. So there is an automatic built-in increase in there. And if the tax applied to all the utilities when they were fully implemented, it would be about $6 million per year. Council Member Kaye. Thank you, Mayor. Bill, I hope I have a simple question for you to answer, because as usual, when we get into budget discussions, I think it's hard to keep your eye on the ball. Right now, the mayor's proposed budget includes revenue of roughly $4 million from a proposed increase in the franchise fee. Is that correct? Correct. And if, as has been proposed, as has passed, this is tabled, and we do not have that, the Council does not approve an increase in the franchise fee, that means that the Mayor's proposed budget would have to be decreased by $4 million. Is that correct? Correct. Thank you. Now I have a few comments. First, Council Member Lane, I'm a little bit surprised at your mathematics. The way that I understand percentages, if we increase the franchise fee by 1% and my monthly bill is $100, my bill will go up by $1. If the water company increases its tariff by 17%, my bill will go up by $17. So it may be that a 1% increase is a 33% increase over what we're now charging, but the difference in real dollars to the taxpayers of this community is significant. And the difference, if they get their 17%, is $17 on a $100 bill. if we were to pass the franchise fee increase, it would be an increase of $1. And more generally, an issue that I've come to understand over the last couple of years is that if we want to have a first-rate city, we have to be willing to pay for it. And somehow there's a myth that we can have a first-rate government by cutting. I don't believe it's true. I don't believe right now we actually generate the revenues we need to have the city we want. And we can continue to think that we can have a first-rate city for no extra cost, but that's a myth. And I hope that as we go forward, this Council will continue to grapple with the issue of how to adequately fund the kinds of services that we believe this community deserves. Thank you, Mayor. Thank you, Councilor McKay. All right. No one else is... Councilman Ford, do you wish to speak on the motion that Vice Mayor has offered to ask the administration? I do, Mayor, but if I could ask Commissioner O'Meara one final question, I won't be long. I support Vice Mayor's motion. But let me get some clarity here, Bill. So, current fiscal year 13, this council did not pass an ordinance similar to what's on the docket now to increase the franchise fee. But the revenues, assuming that we would, are built into the fiscal year 13 budget. Is that correct? They were in the original 13 budget. They are currently in the adopted fiscal year 13 budget, even though an ordinance has not been passed by this council. And a whole fiscal year has come and basically gone. Is that correct? So my point is, is building the budget absent an ordinance to enact the actual increase of the franchise? Is that correct? That's where we are right now, I believe. Is that correct? That's two of three parts, yes. Okay. I support Vice Mayor's motion, but going back to Council Member Farmer's motion, we haven't said that we're not going to increase the franchise fee. It's still an ordinance that's on the docket for consideration of Council approval. The only issue is timing, and based on what we just discussed here, thank you, thank you, Thank you, Bill. Based on what we discussed here, I don't know what everybody else wants to vote, but we haven't said we're not going to approve the franchise. We just said that we want to table it to the August meeting. Vice Mayor, I support your motion to ask the administration's help. Thank you, Mayor. All right. No one else, no one further signed up to speak, so we can take a vote. All in favor of the motion, please indicate by saying aye. Opposed, no. Motion carries. All right. Madam Clerk, you can call the roll now, I believe. Do we need it? Yes. Yes. Yes. Let me regenerate that. And that would be for Ordinances 1 through 8. Oh, wait a minute. 1 through 7. Oh, I'm sorry. Wait a minute. You didn't finish, so. She did. You got through all of it? And then it was. All right. That's what I was thinking. Okay. All right. So we get a motion. Do we get a motion? Yes, sir. And we got a motion to approve? Yes, sir. All right. So it's time for roll call, isn't it? Yes, sir. All right. Mr. Beard? 10 and 11. Aye. Mr. Clark? Yes. Mr. Ellinger? Yes. Mr. Farmer? Yes, on what's left. Mr. Ford? Yes. Ms. Gorton? Aye. Ms. Henson? Yes. Mr. Kay? Yes. Mr. Lane? Yes. Ms. Lawless? Yes. Ms. Mazzotti? Mr. Myers? Yes. Ms. Scutchfield? Yes. Mr. Stenet and Ms. Akers. Yes, ma'am. Thank you. Thank you, Madam Clerk. The vote reflects passage of the motion. That allows us to move on to ordinance for first read. Madam Clerk, whenever you're ready. Ordinance number 14, an ordinance amending Article 5, the zoning ordinance, in Articles 4 and 6 of the land subdivision regulations to account for changes required by the new Lexington-Fayton-Urban County Government Capacity Assurance Program, Urban County Planning Commission. Number 15, an ordinance amending subsection 6-53B2 of the Code of Ordinances relating to the City Employees' Pension Fund to increase annual cost of living increases from 3% to 5% effective July 1, 2013. And number 16, an ordinance amending certain of the budgets of the Lexington-Faderman County Government to reflect current requirements for municipal expenditures and appropriating and reappropriating Fund Schedule No. 55. Thank you. All right. Thank you, Madam Clerk. That was quick. All right. Are there any motions for walk-ons or suspensions for a second read? All right. If none, then we can move on to the second read of resolutions. Madam Clerk, when you're ready. Resolution number one, 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 two, 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 Pelco Incorporated, establishing price contracts for equipment rental with operator for the Division of Streets and Roads. Number three, a resolution accepting the bid of 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 urban county government to execute any necessary agreements with James A. Wade related to the bid. Number four, 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. Number five, a resolution authorizing the Division of Waste Management on behalf of the Urban County Government to renew the contract with Verizon Wireless, a sole source provider for communication of GPS and route collection data and access to routeware systems for four years at a cost not to exceed $180,000 FY 2013. Number six, a resolution accepting the responses of AIC, Leverage Partners, Metaformers, Pomeroy, Signature Technology Group, SIS, and XANET to provide information technology and consulting services pursuant to RFP number 2-2013 and establishing price contracts and authorizing the mayor on behalf of the Urban County Government to execute any of the additional necessary agreements with the vendors related to the RFP. Number 7. 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 in order for the purchase of a Throbot XT for the Division of Police. Number eight, a resolution authorizing and directing the mayor on behalf of the urban county government to execute an agreement with smart systems and chemicals for use in the dishwashing machine at the family care center at a cost not to exceed $2,400. Number nine, 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. Number 10, 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 the grant budget. Number 11, a resolution authorizing the mayor on behalf of the urban county government to execute Change Order No. 1 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 $2,734,970.64. Number 12, a resolution authorizing the Division of Engineering on behalf of the urban 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 13, 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, Jessamine, Lincoln, Madison, Mercer, Nicholas, Powell, Scott, and Woodford for the continued operation of and participation in Bluegrass Workforce Investment Board. Number 14, a resolution authorizing the mayor on behalf of the Irvin County Government to execute agreements with Friends of Skate Parks, Lexington, Kentucky, Inc., $140, and Dress for Success, Lexington, Inc., $1,625 for the office of the Irvin County Council at a cost not to exceed the sums stated. Number 15, a resolution authorizing and directing the mayor on behalf of the Irvin 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 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 in authorizing the mayor to transfer unencumbered funds within the grant budget. Number 16, 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. Number 17, a resolution authorizing the mayor on behalf of the Urban County Government to execute an amendment to a 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 18, a resolution authorizing and directing the mayor on behalf of the Irvin 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 FY 2014. Number 19. A resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute a lease agreement with Mail Finance Incorporated, Neopost USA Incorporated, and Central Business Systems as the sole source provider for lease and maintenance for 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 20, a resolution authorizing the mayor or the commissioner of finance on behalf of the Irvin County Government to execute a letter of agreement with Dean Norton 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. 21. A resolution authorizing Dean Norton Allen Ford PLLC to conduct a financial audit of all Lexington-Fayette Irvin 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 of the necessary documents with Dean Norton Allen Ford PLLC related to the audit. 22. A resolution accepting the bid of TW Telecom of Kentucky LLC in accordance with provisions of Ordinance No. 50-2013, creating an offering for sale of 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 TW Telecom of Kentucky LLC, incorporating the terms and conditions of Ordinance No. 50-2013. 23. A resolution accepting the bid of Windstream Kentucky East LLC in accordance with the revisions 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 24, a resolution accepting the bid of Wild Telecommunications Incorporated in accordance with the revisions of Ordinance No. 50-2013, creating an offering for sale of 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 25. outline the procedures for hiring an energy service company to identify and implement cost-effective solutions to reduce utility consumption at the detention center. Number 26, a resolution rescinding Resolution No. 154-2011, authorizing a change order to Gershman, Rickner, and Bratton, Incorporated to complete work on the Division of Waste Management Routware Program to allow final clerical documentation. Number 27, 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 Center students and their children for the 2013-2014 school year at a cost not to exceed $83,000. Number 28, 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 general's provisions of mutual services at no cost to the urban county government. And number 29, a resolution authorizing and directing the Division of Traffic Engineering to install a crosswalk at the intersection of Fidler Creek Way and Clearwater Way. Thank you. All right. Thank you. We have a motion by Council Member Henson, second by Council Member Farmer. Is there any discussion? Excuse me, Mayor. On the motion, Council Member Lay. On number 29, we need to correct that to stay. Instead of installing a crosswalk, it should say install a multi-way stop. So moved. There's a motion to amend. And there's a second, I guess. What would we do there? Yeah, multi-way. Susan, just correct it. Well, since I... All right. We'll have to give it a new first reading. I'm going to... Okay, let's go. Procedurally, what are you recommending? So was there a motion to amend it to say multi-way stop? Yes, ma'am. And may I ask who that second was, please? Wait a minute. We've got a... All right. Let's go through the whole thing then. You've already done the... Yes, sir. I gave it second reading, but we can amend it and give it a new second reading. We have a motion. Would you repeat the motion? Mr. Lane. Yes, sir. The motion would be to correct the resolution to substitute multi-way stop for crosswalk. So move. All right. There's a motion to amend. Is there a second? Second. Second by Council Member Farmer. Now, it's already been read, is your point. I'll have to give it a new corrected. Right. If we pass the motion to amend, right? Keith, all right. All right, we have a motion and we have a second to amend as Council Member Lane has proposed. All right, the floor is available for discussion. Council Member Myers. Thank you, Mayor. Can I ask why you are doing this? Yes, sir. There was an error in the resolution, and I was just asked as an accommodation to ask for the modification. Oh, I made the resolution, so what was the error? Well, originally it was supposed to be, it's always supposed to have been a multi-way stop, and they put in it a crosswalk. That's actually, it is a crosswalk, it's not a multi-way stop. The multi-way stop is part of it, but the crosswalk is out. The multi-way stop is in. Who told you that? I beg your pardon? Who told you that? This came from, let's see, I'll tell you who sent this over. Jim Woods. I guess I would ask Sally to come up and speak because we had this conversation before I made the motion, and we made it the way that it's supposed to be made. I mean, there's a massive amount of study around this whole thing, and so this is news to me if we're supposed to change this. Is this the part that you and Derek Paulson were working on down there on cross keys? I mean, over there, is this the area that you all were working together for the last couple months? Yes, the one that's in front of or that's by Veterans Park Elementary. From what I understand, and I mean, Derek's been involved with that, and they've been trying to find some money for this crossing like Jim Woods has. But I'd like to get back with you on that one because I know Derek was the project manager on that part. But I believe you two have been working together on that one. Correct. And I spoke to Janet, the commissioner of law, last week before I made this motion, and we got it straight, and I talked to the attorneys that actually wrote it. And so if there's a change made, no one notified me that we were making this change. I apologize if there was a change because I didn't get the change either. And I apologize, too, because this was emailed to my office today. And during our council meeting, it was just given to me right a few minutes ago. And I believe this was originally initiated when this was my district. And then when we redistricted, it went over to you. So this might have been in process for a period of time. But I'll tell you what I can defer to you. Or how do you want to handle it, Councilman Myers? I guess I would ask who, see, we had several different meetings with the police department, with Commissioner Paulson, with Commissioner Mason. Ms. Sally was in those meetings, and we went through all of this stuff and got this all figured out. And so if there's a change now, no one ever told me, so I kind of don't understand why that would happen. Is there any reason we couldn't table this until you all figure out what we're doing? I just called Derek. He had to go to a neighborhood association meeting, but he said it's a three-way stop with a crosswalk. And if that's not reflected there, maybe it does need to be changed, but I think you're thinking the same way. All right. So do you think it needs to be changed in order for it to represent what they're actually doing there? Maybe it should just be clarified, including three-way stop before crosswalk. I think that maybe we do need to get in the weeds on this. I've learned. but isn't with this conversation isn't it clear what is in what is expected or could it not be worked out i think so because i mean they've got the plans and everything already already done third person up the i think the clarification is a crosswalk would not necessarily include a three-way stop. A three-way stop would include a crosswalk. If that's making sense. You can have a crosswalk and not have the stop. Okay. Okay. So you want to go ahead and make the amendment? I think it would clarify it. Okay. Thank you, sir. Thank you. All right. Is there any further discussion on the motion? All right. Hearing none, then we can take a vote. All in favor, please say aye. Aye. Opposed, no. Can we ask? Keith, do you wish to say something? Rarely. This resolution reflected what was originally requested, and no one contacted the law department about any changes to the resolution. But I don't see a problem with inserting multi-way stop and giving this a new second reading. All right. All right. Okay. Okay, so where were we? Did we get a motion and a second to approve? To approve the amendment. All right. And now where are we? The vote. You need to take the vote on the motion to amend. All right. Yes, sir. All in favor of the motion to amend, please indicate by saying aye. Opposed, no. Motion carries. All right. Now. Now I need to make sure I have the correct language to read, so one more mental, please. All right. We'll let you all work on that then. Okie dokie. Resolution number 29 as amended. A resolution authorizing and directing the Division of Traffic Engineering to install a multiway stop at the intersection of Fiddler Creek Way and Clearwater Way. Thank you. Is that, okay, is that a second read as amended? Yes, sir. All right. Have you had a motion to approve? Now we need a motion. Move approval. Second. Motion to approve by Vice Mayor Gordon, second by Council Member Lane. Is there any discussion on the motion? All right. This is just a motion for that second read. Is that right? It's the pleasure of the Council that it can be for the whole second reading resolution. All right. Then it's for all. So now you can call the roll. Thank you, Madam Clerk. You certainly can. Mr. Beard? Yes. Aye. Mr. Clark? Yes. Mr. Ellinger? Yes. Mr. Farmer? Yes on all. Mr. Ford? Yes. Ms. Gorton? Aye. Ms. Henson? Yes. Mr. Kay? He is absent. Mr. Lane? Yes. Ms. Lawless? Yes. Ms. Massadi? Yes. Mr. Myers? Yes. Ms. Scutchfield? Absent. Mr. Stennett? Yes, ma'am. And Ms. Akers? Wow, everybody's vacated. Thank you. All right, thank you, Madam Clerk. The vote reflects passage of the motion, which allows us to move on to the first reading of resolutions. Resolution number 30, a resolution accepting the bid of Bradley Hook It Up Mobile, LLC, establishing a price contract for vehicle steam cleaning for the Division of Facilities and Fleet Management. Number 31, a resolution accepting the bids of Worldwide Equipment, Batteries Plus, and KOI Auto Parts, establishing price contracts for truck and automotive batteries for the Division of Facilities and Fleet Management. Number 32, a resolution accepting the bid of Simon's Health Care Diagnostics, establishing a price contract for drug testing for the Division of Community Corrections. Number 33, a resolution accepting the bid of Aramsco Incorporated, establishing a price contract for hospital PPE kits for the Division of Emergency Management 911. Number 34, a resolution accepting the bid of Comtronics Incorporated, Owens Communications Incorporated, and Southern Communications and Consultants Incorporated establishing price contracts for the installation of public safety mobile radios for the Division of Police. Number 35, a resolution accepting the bid of QX Networks and Design Incorporated establishing price contracts for Internet Access Service Provider for the Division of Computer Services. Number 36, a resolution accepting the bid of B&E Environmental Services, establishing a price contract for sanitary sewer overflow cleanup services for the Division of Water Quality. Number 37, a resolution ratifying the permanent civil service appointments of Coeco King Paralegal, Grade 113N. In the Department of Law, effective June 3, 2013. William Gehoffer, Public Service Worker, Grade 106N. In the Division of Parks and Recreation, effective June 30, 2013. Sharon Buford, Administrative Specialist, Principal, Grade 114E. In the Division of Police, effective March 17, 2013. Theodore Adams, Telecommunicators, Grade 111N. In the Division of Emergency Management, 9-1-1. Effective May 27, 2013. Latricia Jones, Telecommunicator, Grade 111N. In the Division of Emergency Management 911, effective April 22, 2013, James York, Telecommunicator, Grade 111N. In the Division of Emergency Management 911, effective February 27, 2013, ratifying the probationary sworn appointments of John Barton, Police Sergeant, Grade 315N, 28.588 hourly. In the Division of Police, effective June 10, 2013, Brian Martin, Police Sergeant, Grade 315N, 28.588 hourly. In the Division of Police, effective June 10, 2013. ratifying the permanent sworn appointments of Jeffrey Heyer, Police Sergeant, Grade 315, and in the Division of Police, effective April 29, 2013. Scott Perrine, Police Sergeant, Grade 315, and in the Division of Police, effective April 29, 2013. Ratifying the probationary community corrections off appointment of Courtney Spencer, Community Corrections Sergeant, Grade 112N, 23.190, Hourly in the Division of Community Corrections, effective June 17, 2013. Number 38, a resolution authorizing the Division of Human Resources to make a conditional offer to the following probationary civil service appointment. Carolyn Jansen, Staff Assistant Senior, Grade 108 in 13.023, hourly in the Division of Human Resources, effective upon passage of counsel. 39, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute and submit a grant application to the Kentucky Department of Juvenile Justice to provide any additional information requested in connection with this grant application and to accept this grant if the application is approved. Which grant funds are in the amount of $16,183,000 federal funds under the Juvenile Accountability Block Grant Program or for continuation of the Juvenile Surveillance Program, professional services, professional development, drug testing services, and supplies, educational materials, the acceptance of which obligates the Irvin County Government for the expenditure of $1,798 as a local match and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 40, 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 $3,550 federal funds and are for the purchase of bulletproof vests for the Fayette County Sheriff's Office. Number 41, a resolution authorizing and directing the mayor on behalf of the urban county government to accept a grant from the Kentucky Justice and Public Safety Cabinet, which grant funds are in the amount of $2,246,560 Commonwealth of Kentucky funds, are for police training incentive funds, the acceptance of which does not obligate the urban county government for the expenditure of funds and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 42, a resolution authorizing and directing the mayor on behalf of the Irvin County Government to accept a grant from the Commission on Fire Protection, Personnel, Standards, and Education, which grant funds are in the amount of $2,270,840 Commonwealth of Kentucky funds, or for training incentive funds for firefighters, the acceptance of which does not obligate the Irvin County Government for the expenditure of funds, and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 43, a resolution authorizing the mayor on behalf of the Irvin County Government to execute a lease with Metro Employees Credit Union for lease of space at the Versailles Road campus. Number 44, a resolution authorizing the mayor on behalf of the Irvin County Government to execute an agreement with Vision Internet Providers, incorporated as a sole source provider for the Lexington-Faylor County Government website Vision CMS upgrade at a cost not to exceed $26,100. Number 45, a resolution authorizing the mayor on behalf of the Urban County Government to execute a lease with Metro Employees Credit Union for lease of space at the Phoenix Building. Number 46, a resolution authorizing and directing the mayor on behalf of the urban county government to execute a lease agreement, a lease with employment solutions incorporated for East Sector Roll Call located at 1165 Center Parkway at a cost not to exceed $33,744. Number 47, a resolution declaring a surplus in authorizing the mayor on behalf of the Lexington Federal County Government to execute quick claim deeds and any of the necessary documents for the transfer of .093 acres of property located at 946 Whitney Avenue and .093 acres of property located at 948 Whitney Avenue to the purchaser of an adjacent parcel, which should have been included in the original purchase. Number 48, a resolution authorizing and directing the mayor on behalf of the urban county government to execute and submit a grant application to the Kentucky Department of Education, Division of School, and Community Nutrition 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 $79,000 federal funds and are for participation in the child care food program at the Family Care Center, the acceptance of which does not obligate the urban county government for the expenditure of funds and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 49, a resolution pursuant to Code of Ordinance of Section 18-66 designating the speed limit of Monta Vesta Road between Mount Drive and Pepper Hill Road as 25 miles per hour and authorizing the Division of Traffic Engineering to install proper and appropriate signs in accordance with the designation. Number 50. A resolution authorizing and directing the mayor on behalf of the urban county government to execute and submit a grant application to the Bluegrass Workforce Investment Board 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 $135,000 federal funds and are for a workforce preparation project for the Division of Youth Services, the acceptance of which does not obligate the urban county government for the expenditure of funds and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 52, a resolution authorizing and directing the division. The mayor on behalf of the urban county government to accept a grant from the Kentucky Transportation Cabinet which grant funds are in the amount of $460,000 federal funds for the FY 2014 ITSCMS Intelligent Transportation System Congestion Management System Traffic Improvements Project, the acceptance of which to obligate the urban county government for the expenditure of $115,000 as a local match and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 53, a resolution authorizing and directing the mayor on behalf of the urban county government to execute change order number one to the contract with Todd Johnson Construction Company for construction of Meadows, Northland, Arlington Public Improvements Project Phase 5A, increasing the contract price by the sum of $9,659.41 from $1,476,330.16 to $1,485,989.57. Number 54. CASA of Lexington Incorporated, $1,000. Pickett Home and Neighborhood Association Incorporated, $500. For the office of the Urban County Council, adopt to exceed the sums stated. Number 55, a resolution accepting the Division of Water Quality Standard Operating Procedure for Point Repairs and Sewer Line Maintenance. Number 56, a resolution authorizing the mayor on behalf of the Urban County Government to execute an agreement with Central Indiana Truck Equipment as the sole source provider to purchase seven Hiale multi-packed garbage packers at a cost not to exceed $1,478,729. Number 57, a resolution authorizing and directing the mayor on behalf of the urban county government to execute a food services agreement with Trinity Services 1 LLC for food services for the Division of Community Corrections at a cost not to exceed $1,648,420 for the fiscal year 2014. 58, a resolution authorizing and directing the mayor on behalf of the urban county government to execute an agreement with the University of Kentucky for the provision of school nursing services for students at the day treatment center and family care center at a cost not to exceed $5,000 FY 2014. Number 59, a resolution accepting the response of Burdine Security Group, Inc., to RFP. Number 10-2013, and authorizing the mayor on behalf of the Irvin County Government to execute a multi-year agreement with Burdine Security Group, Inc. to repair, replace, and maintain the electronic access control system with the cost of, in FY 2013, estimated not to exceed $61,637. Number 60, a resolution approving the second renewal of the Engineering Services Agreement with Tetra Tech, Incorporated to provide annual program management services for consent decree implementation and MS4 permit compliance at a cost not to exceed $887,000. Number 61, a resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute Amendment 3 to the agreement with Bluegrass Area Development District to provide additional federal funds in the amount of $11,503 for the operation of the Lexington Senior Citizen Center. Number 62, a resolution authorizing and directing the mayor on behalf of the county government to execute a home agreement with Davis Parkview LLLP for use of federal home investment partnerships, program funds for the development of rental housing for the households displaced by the network Pike Extension Project at a cost not to exceed $627,138. Number 63, a resolution accepting the response of Cross Associates, Incorporated, doing business as AK Associates, to RFP No. 11-2013 and authorizing the mayor on behalf of the Irvin County Government to execute a multi-year agreement with Cross Associates, Incorporated, doing business as AK Associates to provide on-site and remote maintenance services for LFUCG's 911 system at a cost not to exceed $247,000 FY 2014. Number 64, a resolution authorizing the mayor on behalf of the urban county government to execute an amendment to agreement with the Kentucky Transportation Cabinet for the Gainesway Trail Project, extending performance period through June 30, 2014 at no cost to the urban county government. Number 65, a resolution authorizing the mayor on behalf of the urban county government to execute an amendment to agreement with the Kentucky Transportation Cabinet for extension of the illuminated street sign project extending performance period through June 30, 2014 at no cost to the urban county government. Number 66, a resolution authorizing the mayor on behalf of the urban county government to execute an agreement with risk management services company for workers' compensation, general liability, and automobile liability claims administration services at a cost not to exceed $214,700. Number 67, a resolution authorizing the mayor on behalf of the urban county government to execute contract modification number one to the engineering services agreement with CDP Engineers Incorporated for design of Southland Drive bike lane project, increasing the contract amount by the sum of $15,669 from $49,886 to $65,555. Number 68. I believe. Council Member Myers has a motion regarding 68. Thank you, Mayor. I move to amend number 68 to substitute infant nurture and replace that with the Aviation Museum of Kentucky. So moved. Second. Motion by Council Member Myers, second by Council Member Beard. Second. Is there any discussion on the motion? All right. Hearing none, we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Thank you, Mayor. Madam Clerk, whenever you're ready. Resolution number 68 as amended. A resolution authorizing the mayor on behalf of the Urban County Government to execute agreements with Stonewall Equestrian Estates Association, Inc., $500. Higbee Mill Neighborhood Association Incorporated $500 Bryan Station Alumni Foundation Incorporated $1,500 Volunteers of America of Kentucky Incorporated $625 Lansdowne Neighborhood Association Incorporated $550 Pinnacle Homeowners Association Incorporated $525 Lexington Humane Society $1,725 American Red Cross Bluegrass Chapter $1,475 Hope Center Incorporated $1,800. Chrysalis House Incorporated $2,481.40. Salvation Army $4,795. The Lexington Women's Club Incorporated $1,406.40. Black Church Correlation of the Bluegrass Incorporated $1,406.40. Home Builders Care Incorporated $1,406.40. Central Kentucky Radio I Incorporated $1,406.40 Friends for Skate Parks Lexington Incorporated $1,630 Dove Creek Townhomes Owners Association LLC $500 Gainesway Neighborhood Association Incorporated $1,000 Aviation Museum of Kentucky $1,000 Seedleaf Incorporated $1,500 For the Office of the Urban County Council At a cost not to exceed the sums stated Number 69, a resolution authorizing the Department of General Services on behalf of the Irvin County Government to purchase a replacement, Lebert Precision, cooling unit, dryer, cooler, and pump from climate conditioning company, a sole source provider, at a cost not to exceed $24,153.78. Number 70, a resolution authorizing and approving the purchase of the following insurances. Excess property insurance through Alliant from PEPI, $317,403.78. Excess workers' compensation through Alliant from New York Marine and General Insurance Company, $326,989. $2,589. Excess aviation liability through Powell, Walton, Millward from Old Republic Insurance Company, $4,581. Excess liability general automobile and public officials through Powell, Walton, Millward from Munich, Ray, $561,396. and self-insured auto no-fault bond through Powell Walton Millward from International Fidelity Insurance Company, $2,500, for FY 2014 at a total cost not to exceed $1,212,869.78 and authorizing and directing the mayor on behalf of the urban county government to execute all necessary documents to accomplish the same. Number 71, a resolution amending Sections 1 and 2 of Resolution 255-2013, which authorized the mayor on behalf of the urban county government to execute agreements for various public projects for the office of the urban county council to correct the name of an entity from Delaware Oil Management Incorporated to Lakes Edge Condominium Association Incorporated. And number 72, a resolution expressing the urban county government's opposition to the rate increase requested by Kentucky American Water Company and Public Service Commission rate case number 2012-00520 and directing the clerk to notify the Public Service Commission. Thank you. All right. Thank you, Madam Clerk. Are there any motions? Are there any motions? Mr. Farmer. Mayor, staff has alerted me to a little imprecision with number 56 that's already been given its second reading. This is a resolution authorizing the mayor on behalf of the urban county government to execute an agreement with Central Indiana Truck Equipment as a sole source provider to purchase eight rather than seven Heil multi-pack garbage packers. and let me say that again, Heil Multipack garbage packers at a cost not to exceed, and the new number would be $1,689,976. Second. Thank you. Third. Motion by Council Member Farmer. Second and third by Vice Mayor Gorton and Council Member Lawless. Is there any discussion on the motion? All right. Hearing none, then we can take a vote. All in favor of correcting the imprecision. We don't want imprecision, for goodness sakes. All right. No, especially at that level. Especially at that level. Yes. All in favor of the motion, please indicate by saying aye. Opposed, no. Motion carries. All right. Any other motions? Mayor, perhaps I should give that a new first reading before we go forward. Oh, for that one, all right. Yes, ma'am, thank you. Yes, sir. Resolution number 56 as amended for first reading. A resolution authorizing the mayor on behalf of the Urban County Government to execute an agreement with Central Indiana Truck Equipment as the sole source provider to purchase eight high-all multi-pack garbage packers at a cost not to exceed $1,689,976. Thank you. Thank you, Madam Clerk. All right. Vice Mayor Gordon. Thank you, Mayor. I move to suspend the rules and give a second reading to number 37, which is our appointments, our employees, and number 54 and 68, which are both the Neighborhood Development Funds, as well as 72. Thank you, Vice Mayor. Thank you. Motion by Vice Mayor Gordon, seconded by Council Member Myers on numbers 37, 54, 68, and 72 to suspend the approvals and give a second read. Are there any other motions? Council Member Farmer. Thank you, Mayor. At staff's request, on the one we had just amended, number 56, I would ask for a second reading. All right. There's a motion on number 56. Motion by Council Member Farmer, seconded by Council Member Ellinger. All right. Is there any discussion on the motion? Hearing none, we can take a vote. All in favor, please say aye. Opposed, no. Motion carries. Councilor Massati. Yes, Mayor. I would like to suspend the rules and have second reading on number 40, number 41, and number 42. Number 40, 41, and 42. All right. Is there a second? Second. Second by Vice President Gordon. Is there any discussion on the motion? All right. Hearing none, then we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Any further? Looks like Commissioner Reed, would you like something there, sir? Yes, I would. Thank you, Mayor. You look like you would. I'd like to humbly, the administration would humbly request that the Council consider a second reading on two resolutions. The first is Resolution 59, which deals with the current electronic access system in the building so we can get it replaced. And the second is Resolution 69, which is an air conditioning repair for our IT system that we need to move ahead on quickly. So moved. Second. Where was the motion? Who was it? Who gave the motion? Council Member Lane, did you give the motion? Council Member Lane, seconded by the 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. Aye. Opposed, no. Motion carries. Thank you for your humility, Mr. Reed. Yes, sir. Yes, that was great. All right. Anybody else? Mr. Horne. If the council will, Mayor, number 38 makes conditional offer of employment and needs two meetings. Move approval of suspending the rules on 38. Second. Motion by Vice Mayor Gordon, seconded by Councilman Ellinger to suspend the rules on number 38. Is there any discussion on the motion? Okay, hearing none, then we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. All right. Any others? All right. Looks like that's it then. Is there a motion? Well, no, Madam Clerk. You need to give us a second read on all of those. So thank you very much. Okie dokie, number 37. Resolution number 37. a resolution ratifying the permanent civil service appointments of Koyuki King, paralegal, grade 113N, in the Department of Law, effective June 3, 2013, William Gehofer, Public Service, worker, grade 106N, in the Department of the Division of Parks and Recreation, effective June 30, 2013, Sharon Buford, administrative specialist, principal, grade 114E, in the Division of Police, effective March 17, 2013. Theodore Adams, telecommunicator, grade 111N. In the Division of Emergency Management 911, effective May 27, 2013. Latricia Jones, telecommunicator, grade 111N. In the Division of Emergency Management 911, effective April 22, 2013. James York, telecommunicator, grade 111N. In the Division of Emergency Management 911, effective February 27, 2013. ratifying the probationary sworn appointments of John Bardens, Police Sergeant, Grade 315, in, at 28.588 hourly, in the Division of Police, effective June 10, 2013. Brian Martin, Police Sergeant, Grade 315, in, 28.588 hourly, in the Division of Police, effective June 10, 2013. Ratifying the permanent sworn appointments of Jeffrey Heyer, Police Sergeant, Grade 315, in, in the Division of Police, effective April 29, 2013. Scott Perrine, Police Sergeant, Grade 315N, in the Division of Police, effective April 29, 2013, ratifying the probationary community corrections officer appointment of Courtney Spencer, Community Corrections, Sergeant, Grade 112N, 23.190, hourly in the Division of Community Corrections, effective June 17, 2013. Number 38, a resolution authorizing the Division of Human Resources to make a conditional offer to the following probationary civil service appointment to Carolyn Jansen, staff assistant senior grade 108 in 13.023 hourly in the Division of Human Resources, effective upon passage of counsel. Number 40, 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 $3,550 federal funds and are for the purchase of bulletproof vets for the Fayette County Sheriff's Office. Number 41, a resolution authorizing and directing the mayor on behalf of the urban county government to accept a grant from the Kentucky Justice and Public Safety Cabinet, which grant funds are in the amount of $2,246,560 Commonwealth of Kentucky funds are for police training incentive funds, the acceptance of which does not obligate the urban county government for the expenditure of funds and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 42, a resolution authorizing and directing the mayor on behalf of the urban county government to accept a grant from the Commission on Fire Protection Personnel Standards and Education, which grant funds are in the amount of $2,270,840 Commonwealth of Kentucky funds are for training incentive funds for firefighters, acceptance of which does not obligate the urban county government for the expenditure of funds and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 54. A resolution authorizing the mayor on behalf of the urban county. Which one are you on? 54. Okay, sorry. Sorry, it's not showing up on there. Sorry about that. It's all right. I'll fix that. Number 54, a resolution authorizing the mayor on behalf of the urban county government to execute agreements with Fayette County Sheriff's Office, $550. Bluegrass Espindale Teen Center, $750. Alzheimer's Association Greater Kentucky, $1,500. Residents Incorporated, $1,000. Cardinal Valley Elementary PTA Incorporated, $1,000. Cardinal Valley Neighborhood Association, $500. Friends for Vercels Road, $2,000. Koss of Lexington Incorporated, $1,000. Piccadome Neighborhood Association Incorporated $500 for the office of the Urban County Council at a cost not to exceed the sums stated. Number 56, a resolution authorizing the mayor on behalf of the Urban County Government to execute an agreement with Central Indiana Truck Equipment as a sole source provider to purchase eight Hile multi-pack garbage packers at a cost not to exceed $1,689,900. $476. Number 59. A resolution accepting the response of Burdine Security Group incorporated to RFP number 10-2013 and authorizing the mayor on behalf of the urban county government to execute a multi-year agreement with Burdine Security Group incorporated to repair, replace, and maintain the electronic access control system with the cost of FY 2013. Estimated not to exceed $61,637. Number 68. Number 68. A resolution authorizing the mayor on behalf of the Irvin County Government to execute agreements with Stonewall Equestrian Estates Association, Inc., $500. Higbee Mill Neighborhood Association, Inc., $500. Ryan Station Alumni Foundation, Inc. $1,500. Volunteers of America of Kentucky, Inc. $625. Lansdowne Neighborhood Association, Inc. $550. Pinnacle Homeowners Association, Inc. $525. Lexington Humane Society, $1,725. American Red Cross Bluegrass Chapter, $1,475. Hope Center, Inc. $1,800. Chrysalis House, Inc. $2,481. $1,40. Salvation Army, $4,795. The Lexington Women's Club Incorporated, $1,406.40. Black Church Coalition of the Bluegrass Incorporated, $1,406.40. Comb Builders Carrot Incorporated, $1,406.40. Central Kentucky Radio Eye Incorporated, $1,406.40. Friends for Skate Parks, Lexington, Kentucky Incorporated, $1,630. Dove Creek Townhomes Owners Association LLC, $500. Gainesway Neighborhood Association Incorporated, $1,000. Aviation Museum of Kentucky, $1,000. Seedleaf Incorporated, $1,500. For the office of the Urban County Council not to exceed the sums stated. Number 69. A resolution authorizing the Department of General Services on behalf of the Urban County Government to purchase a replacement Leebert Precision Cooling Unit, dryer, cooler, and pump from Climate Conditioning Company, a sole source provider at a cost not to exceed $24,153.78. And number 72. Drum roll, please. Number 72, a resolution expressing the urban county government's opposition to the rate increase requested by Kentucky American Water Company in Public Service Commission rate in case number 2012-00520 and directing the clerk to notify the Public Service Commission. Thank you. All right. Thank you, Vice Mayor. Motion by Vice Mayor Gordon, second by Council Member Farmer. Is there any discussion on the motion? All right. I'm hearing none. and, Madam Clerk, whenever you're ready. Mr. Beard. Aye. Mr. Clark. Yes. Mr. Ellinger. Yes. Mr. Farmer. Yes, ma'am. Mr. Ford. Yes. Ms. Gorton. Aye. Ms. Henson. Yes. Mr. Kay. Yes. Mr. Lane. Ms. Lawless. Yes. Ms. Mazzotti? Yes. Mr. Myers? Yes. Ms. Scutchfield? Mr. Stennett? Yes, ma'am. And Ms. Akers? Thank you. All right. Thank you, Madam Clerk. The vote reflects passage of the motion. All right. Move approval of communications from the mayor. Thank you, Vice Mayor. Second. Motion by Vice Mayor, 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. Opposed, no. Motion carries. Are there any announcements by Council Members? Council Member Myers. Thank you, Mayor. There's been a new development in terms of the schedule for the July 2nd scheduled meetings for the Council. The public safety meeting for that date has been canceled along with the general government. And so I wanted to entertain a conversation and a motion to move that August 13th zone change that we set the other day to July 2nd. And my thought would be that we could start the work session at 11, do the council meeting at 1, and then do the zone change, whatever the council's preference is after that, whether it be 3 o'clock or 4 o'clock or what have you. So I guess I'd like to start a discussion to see what time slots people want to put things in, if there's a willingness to move those. Can you just repeat? I'm sorry. What would be the changes? That day is completely open now as far as committee meetings, so we can move the work session to 11 o'clock and then move the council meeting to 1 o'clock. and then if you want to do a zone change at 3 o'clock or 4 o'clock, whatever works best. July 2nd. Yes, sir. Councilor Ellinger. Thank you, Mayor. Thank you, Mayor. My only concern is have we talked to planning because I know when Chris King came in, they said they needed a certain amount of time to get the signs up, and they said the beginning, I think, wasn't, didn't they say that they weren't going to have enough time and we have to make sure that they have the proper amount of time to be able to post stuff. Was that the July 2nd meeting they said that about? I thought that was the June meetings that they said that about. I bet it was June 28th, I think. June 27th. So, I mean, this has only given us, I don't know if they've gone ahead and started doing that or not. I think we just need to ask them to make sure that they have their 21 days or 28, I think is it 21 days or 28 days. 21, I think it is. I just want to make sure that they... Well, when he came and spoke to us, he didn't think he could get it done in June, so this is now July 2nd. That's not much different time if they haven't gone ahead and started doing it. If they are, then they need to go ahead and do it quickly. I think we just need to ask them to make sure it can be done. I think we were within one day of them being able to do what they needed to do, excuse me, back then. And so we're two days later in the process right now, but we've added five days. Well, if they started tomorrow, then... Tomorrow? I know they'll start tomorrow. All right. Well, the July 2nd meeting was discussed as an option, and that wasn't an issue when we discussed it as an option for that particular date. We got a quorum, I think. Right. The issue was that we couldn't get a quorum. The issue was not that planning didn't have time to do the notification. All right, so what's the? We didn't ever bring a death to them. Yeah, call Chris and see if we're getting that. Can we poll and see how many people could be there? That's what looks like that's what Sally's doing. I had just talked to Derek, and they would have had to have sent those letters out today, and they didn't. Plus, they were looking at the August date. Okay, so that's for the July 2nd date. they would have had to do it today? Yes, sir. Okay. How many people have we got here? One, two, three, four. We can't do it. Sally, you said, hold on a second, please. Sally, you want to tell us what you've discovered? Yes, we have other dates. That's a good idea. Derek said that he would have had to send those letters out today to be ready for a July 2nd meeting. Well, good. We've got time then. All right. We've got four hours. Yeah. Tell him what's his problem. He's going to be real happy to do that. He's going to be real happy to do that after that vote on Code for America. You better start hammering. You better start hammering on those things. Yes, we're lawless. It was my understanding when we were looking at the July 2nd date that they said they could possibly get it done, but it would be extremely tight. But also the people here in attendance were concerned about the time. It's a non-issue now. And it's a non-issue now. So it's all over, but the shout. I understand. Thank you, Mayor. Why don't we do this? I guess July 2nd is out due to timing. What about July 9th? We have the same opportunity the same day to do the same exact thing. We have a work session, a council meeting. The only issue is the Cal meeting that we're scheduled for economic development. That could either move to July 2nd or we can move it up that day, and we could do it on our last day before we go on break. And that would give us plenty of time. I don't know what my schedule is. Okay. That would give us plenty of time before we reset or to do notices. That's a week later than the second. Yeah. We could do the same thing that day. Thanks, Mayor. Thank you, Mayor. Vice Mayor? Well, depending on whether there's a motion to set this, I cannot be there. I will be out of town, and I would like that recorded on the record. On which day? July the 9th. I will not be here. I'll be here in a second, but I can't do it. Thank you. What time on the 9th? I guess we'll have a week. Well, but it's 7 o'clock. What, Tuesday? We can wait until Tuesday to set it. Wait until Tuesday to set it? Is it still within the time frame? We can only let them know. We can make sure the planning can be here and the rest of the council can be here. All right, Vice Mayor. And if I can finish off, our law department also did tell us, I don't know if you would be wanting to change your meetings to earlier, but it takes 10 votes to change the council meeting, the 6 o'clock council meeting, to a different time because it was set in our original calendar. Just a point. Keith just gave us that notice. All right, so there's one, two, three. It's not up here anyway. All right. So it's going to be addressed on Tuesday? Why don't we? Councilman Lawless. That's fine. Councilman Myers? I guess I would ask why wait until Tuesday, because if one of the issues that we run into is the planning commission or planning staff being able to get the notification out, let's just take the vote now, and that gives them more time instead of waiting until Tuesday. Okay, so I move to change the August 13th zone change hearing to July 9th, and then this order of meetings would be work session at 11, council meeting at 1, and the zone change hearing. Yes. And we need 10 votes to change the council meeting. What date? July 9th and what time? 11 o'clock for the council meeting or for the work session. Wait a minute. Can we talk to the attorneys? Yes, they do. They could be out of town. They could go. The mayor asked the question. So you would change 11 o'clock for the work session? From 3. I'm sorry? From 3. Correct. You would change the work session to 11 o'clock? Correct. On July the 9th? Yes. And? Change the council meeting from the work session? No, the council meeting that night. Is it 6 o'clock? 6 o'clock. We're going to change it to 1 o'clock. And then when? And then the zone change at, you know, do 3 or 4. All right. Is that in the form of a motion? Councilman Adams, you're putting that in the form of motion. So moved. Motion and a second. Is there any discussion on the motion? Yes. Vice Mayor Gordon. I think Diane's first. Diane, did you want to speak first? I thought you already did. Go ahead. Oh, I speak all the time. Sometimes in tongues. This is in the 3rd District. My concern, and I didn't realize people were trying to redo this until just a second ago. My concern is we have several council members who are not here to let us know whether or not they can be here. And we have some council members who can't be here. And we don't know if the attorney for Kroger's or for any objectors can be here. And I don't understand why the rush to do it tonight rather than on Tuesday when we can get more information. I am fine doing it whenever we can have a quorum and I will be here no matter what. Good Lord willing, and the creek don't rise. My thought is just that the issue that we're having on two different dates is the notification time. And if we wait until Tuesday, that just makes it that much tighter for them to do notification time. So that's the only issue we have. So it makes sense to act now. Except we don't know if we have enough people that can even be here then. We have a council meeting scheduled that day and a work session scheduled that day. Well, we don't. And if we move this. You're not here now and we're in a council meeting. I mean, am I missing something? Yeah, yeah. Actually, what you're missing is that they were here during this council meeting. They've just left early. And so we have a work session and a council meeting already scheduled that day. If we move these meetings, they're moved earlier. so if they could be there for the work session and council meetings that are scheduled now, then they would be here for the zone change. In the afternoon? Leave at 7. No. As it's scheduled. All right. We've got the motion. We've got a second. We're in discussion. Council, Vice Mayor Gordon. Thank you, Mayor. I just have a question for Law and the council clerk. Normally, when we have our 3 o'clock meeting and we pile up the 6 o'clock, There's three hours for you to take care of new business and get it on the docket. Does this give the two-hour window enough time to get all the new business on the docket for two hours later? It can be tricky, but with our new system, I think we can do it. Excellent. Very good. And then I just wanted to say, I think to assume that because council members will be here for what's currently scheduled on the 9th, doesn't take into account those who might have to leave the meeting like some did tonight for neighborhood meetings, et cetera, just to put that out there. Thank you. All right. Seeing further discussion. All right. Hearing. Keith. Keith. I just want to make sure that there was a time for the zone change hearing in your motion, Council Member Myers. Four o'clock. Four o'clock. Okay. So the work session would change to 11 a.m. Council meeting to 1 p.m. And the zone change to 4 p.m. And the docket should be light because we had a council meeting that week before, so there shouldn't be that much on there for that one week. So it shouldn't be hard to get. It should be easier to get things done. It's the last council member meeting before break. But we have a meeting the week before. We still haven't consulted with the attorneys involved. What do we do if they can't? All right. Any further discussion on the motion? All right. I'm going to indicate your vote. All in favor of the motion, please indicate by saying aye. Aye. Opposed, no. Motion. No. All right. Show of hands, please. Show of hands. All in favor of the motion, hold your hand. One, two, three, four, five, six, seven, eight. It's quorum. You've got a quorum. All opposed? No. Raise your hand. One, two, three, four. So votes eight to four, right? Did I miss something? No, I was just hoping that you all use the system. Pardon. Use the electronic. Well, what Keith said was you have to have ten yay votes. To change the council meeting, you have to have ten yay votes. All right, so you didn't get ten votes. We did not get ten. All right, so the meeting has not been changed at this point in time. All right. Why don't you tell them to be ready? Well, I think they see what's going on. All right, so where are we on this? We're back where we're at the same date, right? Yes, sir. Okay. All right. The floor is still open for announcements. Council members, anybody else have anything? All right. Public comments next. Mr. Bernard McCarthy. Wait a minute. Diane, yes, ma'am. Thank you so much. Bernard, hold up for just a second. Sorry. Perhaps not long. Just not long. I'm more than happy to try to gather information and see if the 9th will work for the attorneys and planning, et cetera. And I'll even walk the letters to the mailbox if so. But we have to have the 15 votes. All right. Thank you, ma'am. Mr. McCarthy. For the record, my name is Bernard McCarthy, and I still live at 515 Harry Street, still here in Lexington, despite what it says on the license plate of the vehicle parked in my garage at the moment. I just want to point out that whatever any neighborhood association tells you that all these people driving on this road past our houses don't live here because of their license plate, I want to point out the plate on a vehicle, within the state at least, the county label doesn't tell you where the vehicle's owner or driver lives. It tells you where the vehicle was purchased. And I had plum forgot this when I bought my current vehicle 15 months or so back at Jack Kane and for sales, that that would saddle me with a Woodford County plate instead of a Fayette County plate. I wasn't trying to deceive anybody about where I live, not even my enemies. I just, if anything, was acting on a bit of religious bias because Mr. Cain belongs to the same religion I do and word of mouth about who is likely to treat me the best. So when this comes up in future arguments over various road projects, keep that in mind. All right, sir. Thank you so much. Adjourn? Is there a motion to adjourn? Motion, unanimous motion by Vice Mayor Gordon, seconded by Council Member Allinger. Unless there is an objection, we are adjourned. Thank you, Mayor.