I'll call the meeting to order and welcome everyone and begin by calling on Councilmember Ellen. We'll get a roll call first, right? Mr. Lane? Here. Ms. Lawless? Here. Ms. Mazzotti? Here. Mr. Myers? Here. Ms. Gutchfield? Here. Mr. Stennett? Yes, ma'am. Ms. Akers? Yes. Mr. Beard? Present. Mr. Clark? I'm here. Mr. Ellinger? Here. Mr. Farmer? Here. Mr. Ford? Here. Ms. Gordon? Write it down. Ms. Henson? Here. And Mr. Kay? Yes. Thank you. Thank you, Madam Clerk. Next on our agenda before the closed session, Council Member Ellinger will have a motion regarding tonight for the invocation we had invited Reverend McClellan from Trinity Baptist Church. Reverend McClellan is a naval reservist and he has been called up so he was not able to be with us tonight. So I'll ask that in his absence that we will acknowledge his service and thank him for the service to the country, and also that we will just take a moment of standing silence. Thank you. All right. Thank you all. All right. Now, in the interest of and consideration of some who are with us tonight for a closed session, I'll call on Council Member Ellinger for a motion. Thank you, Mayor. Since we have some attorneys here that are on the clock right now, we'd like to go ahead, if we could, get this closed session moving. So I move that we go into closed session pursuant to KRS 61.8101F for the purpose of discussion, which might lead to the discipline or dismissal of an individual employee. So moved. Second. Motion by Council Member Ellinger. Second by Council Member Henson. All in favor of the motion, please indicate by saying aye. Aye. Opposed, no. The motion carries. And we will, the council will now enter closed session. and I will need to ask if everyone here will please exit the council chambers while the council is in closed session. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. So, Chair will accept a motion to approve minutes of the previous meetings. Second. Motion by Council Member Ellinger, seconded by Council Member Kaye. 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. All right. We can move on then to ordinances for a second read. Madam Clerk, whenever you're ready, there is a motion, I understand, on number 4 by Council Member Henson. And number 10 as well. All right. So, all right. Madam Clerk, before you start reading, I'll call on Council Member Ford for a motion. Thank you, Mayor, and members of the Council. I've had the opportunity, luckily, to speak with most of you today. It's in regards to Ordinance No. 10 that's on our docket, No. 944-13, as it pertains to the Council's capital projects. Mayor, thanks for allowing me to speak. I'm going to bring forth a motion to amend that ordinance. But at your desk, you guys have a memo for myself that states why I bring forth this motion. And then we also have another motion for the resolution. What we have on the docket is a budget amendment that will move $3.75 million to the respective council member's office for capital projects. It calls for the direct allocation of $250,000 to each council member's office. The reason I bring forth this motion to amend is twofold. I do believe that we should have a commitment, as we do as a council, to reinvest in our particular districts. But the way we go about doing that is very important, that we do it in a way of transparency, stewardship, and collaboration. So without further ado, I would move to amend Ordinance No. 10 on tonight's docket by reducing the reallocation from $3.75 million to $2.25 million. Furthermore, this amendment reassigns the allocation of these funds from respective council members' offices to a budget account assigned to the general council office. So moved. Second. Motion by Council Member Ford. Second by Council Member Akers. Motion to amend. Is there any discussion on the motion? Council Member Beard? Yes. Council Member Ford, again, $2,250,000. I heard $2.25,000, and that doesn't fly. I don't think. The $2,250,000 does. That's right. $2,250,000. And, Mayor, I fail to realize both of these amendments constitute a material change, which will require a new first reading of the ordinance. All right. All right. Is there any further discussion on the motion? Motion to amend. All right. Hearing none, they can take a vote. All in favor of the motion to amend, please indicate by saying aye and voting electronically. Opposed? No. Motion carries. All right. Motion carries 10 to 4. All right. Council Member Ford. The additional resolution, the motion that I have for the resolution as it pertains to the capital expenditure policy, it would be a walk-on to the motion, but I think as it pertains to this subject, I want to go ahead and bring it forth now. It will be a first motion for... I move to place on the docket a resolution repealing Resolution No. 177-2006, adopting the Council capital expenditure policy, and also repealing Resolution No. 368-2006, amending the same. So move. Motion by Council Member Ford. Second by Council Member Massadi. Is there any discussion on the motion? Council Member Ellinger. Thank you, Mayor. Council Member Ford, could you explain what this would do in repealing? Yes, sir. Thank you, Council Member. I'll be glad to. The members and officials of the law department distributed for our benefit on Tuesday both of these resolutions, which set up, I guess, back in 2006, they established a policy that this council used in prior times to administer capital projects directly from the council office. It identified the type of projects. It identified on how to go about doing those. This is the policy that really constituted and validated what the previous ordinance was. Our discussion to divide the fund balance per council districts stood on the legislative basis of this resolution. And one of the first things that this resolution says is it calls for the division of funds by 115th to the divisions of the council office. I think what I've recognized and observed here recently is a major pushback. Economically and politically, the environment has changed from the time that the last time the council moved forward with projects. And to allow just for council members to go forth and bring back projects without bringing them to the full vetting of the council. so that's the purpose of this repealing of this ordinance my understanding from our financial officials in the government it was the understanding that when this was adopted in 2006 it would be a routine exercise of the council but since that first rollout we have not done that since and it appears that it is perhaps not the best policy to use for our limited resources all right council member k thank you mayor um i was not here for the meeting when the first vote was taken on this motion and uh had i been here i would have voted no i voted in favor of the amendment because i believe that that's an improvement it takes the allocation of funds out of individual council members hands but i still have questions and i think we need more time to answer them about the way whether this allocation of funds is still the most appropriate thing to do and i understood that we would have that discussion as part of the larger discussion about the fund balance next month So first reading when? This is the first reading. The first reading would be tonight. And the second reading then? Next week. No, it would be the 26th of September. So it would be before the... So it may be tabled, it could be tabled, I'll be inclined to vote against on the basis that I think we need more time for a fuller discussion. Thank you, Mayor. Thank you, Councilman McKay. Anyone else wish to speak to the motion? All right. There's no further discussion, then we can take a vote. All in favor of the motion, please indicate on the resolution. In favor of the motion, please indicate by saying aye. And voting electronically. All right. All right. It looks like the motion fails. Thank you, Mayor. All right. Thank you, Council Member Ford. All right. That allows us then to, we will, I guess while we're making amendments, Council Member Henson, do you want to make your amendment now? Do you have it right on number four? I have an amendment to, I move to amend ordinance number four pertaining to the regulation of merchants. Peggy, is your microphone on? It is. Okay, all right. There we go. Okay. Can you hear me now? Better. Yes, ma'am. Pertaining to the regulation of merchants, which is scheduled for second reading to remove subsection 15-12B2, which places hours restrictions on the door-to-door cells. This change is not material, and a new first reading of the ordinance is not required. Second. All right. Motion by Council Member Henson, second by Council Member Ellinger. Is there any discussion on the motion? All right. On hearing no, we can take a vote then. All in favor, please say aye. Aye. Opposed, no. Motion carries. All right. Madam Clerk, that allows us to begin a read of the ordinances whenever you're ready. Thank you, ma'am. Thank you. Ordinance number one, an ordinance amending Articles 1, 3, and 8 of the Zoning Ordinance to clarify regulations related to vehicle repair accessory to residential uses, Urban County Planning Commission. Number two, an ordinance amending Articles 1, 3, and 8 of the Zoning Ordinance to regulate the parking and storage of business vehicles, trailers, equipment, and associated materials in residential zones, Urban County Planning Commission. Number three, an ordinance amending Article 5 of the zoning ordinance to provide clarification about the government's ability to abate a violation of the zoning ordinance. If you'll give me just a moment to check on the title for number four. While we're getting the title corrected for Ordinance No. 4, I'm going to skip ahead and we'll come back to it. Ordinance No. 5, an ordinance of the Lexington Fayette Urban County Government authorizing the issuance of various purpose general obligation bonds, Series 2013C, in the aggregate principal amount not to exceed $18,250,000, approving the form of the Series 2013C bonds, authorizing designated officers to execute and deliver the Series 2013C bonds, authorizing and directing the filing of notice with the state local debt officer, providing for the payment and security of the Series 2013 C bonds, creating bond payment funds, maintaining the heretofore established sinking fund, authorizing a certificate of award for the acceptance of the bid of the bond purchaser for the purchase of the Series 2013 C bonds, and repealing inconsistent ordinances. Number six, an ordinance of the Lexington-Fayette Urban County Government authorizing the issuance of Lexington-Fayette Urban County Government Various Purpose General Obligation Refunding Bonds, Series 2013-D, in one or more sub-series in an aggregate principal amount not to exceed $80 million for the purpose of refunding, one, all or a portion of the outstanding principal amount of Lexington-Fayette Urban County Government Taxable General Obligation Public Project Bonds, Series 2010-A, Build America Bonds Direct Pay, dated February 17, 2010, two, all or a portion of the outstanding principal amount of Lexington-Fayette Urban County Government various purpose general obligation public projects bonds, Series 2010-F, federally taxable Build America bonds, direct payment to the issuer, dated December 28, 2010, and three, all or a portion of the outstanding principal amount of Lexington Fayette Urban County Government various purpose general obligation public projects bonds, Series 2010-G, federally taxable recovery zone economic development bonds, direct payment to the issuer, dated December 28, 2010, approving a form of bond, authorizing designated officers to execute and deliver the bonds, providing for the payment and security of the bonds, creating a bond payment fund and escrow funds, maintaining the heretofore established sinking fund, authorizing a certificate of award for the acceptance of the bid of the bond purchaser for the purchase of the Series 2013-D Refunding Bonds, authorizing an escrow trust agreement, and repealing inconsistent ordinances. Number seven, ordinance of the Lexington Fayette Urban County Government authorizing and providing for the issuance of Sewer System Refunding Revenue Bonds, Series 2013-E, in one or more sub-series in an aggregate principal amount not to exceed $35 million, dated the date of delivery, for the purpose of refunding all or a portion of the outstanding principal amount of its taxable sewer system revenue bonds, Series 2009, Build America Bonds, direct pay, setting forth the terms and conditions upon which said Series 2013-E bonds are to be issued and outstanding, approving a form of bond, authorizing designated officers to execute and deliver the Series 2013-E bonds, creating an escrow fund, authorizing a certificate of award for the acceptance of the bid of the purchaser for the purchase of the Series 2013 E bonds, authorizing an escrow trust agreement, and taking other related actions. Number eight, an ordinance amending certain of the budgets of the Lexington-Fayette Urban County Government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds, Schedule number 11. Number nine, an ordinance creating a pedestrian-oriented business district for properties located at 303, 304, 315, 319, 325, 327, 329 to 333, 341, 345, 357, 371, 377, 385, and 395 South Limestone Street. Number 10 was amended. This is for first reading only. An ordinance amending certain of the budgets of the Lexington Fayette Urban County Government to reflect current requirements for funds in the amount of $2,250,000 in the Office of the Urban County Council for capital projects from the fund balance of the General Services District Fund and appropriating and reappropriating funds at Schedule Number 13 and Number 4. Whoop, whoop, whoop. All right. Yeah, Number 10. It was read correctly, just we can't correct it on the screen. Okay. This is a second. It was just for first reading. Not yet, and we're still getting the title for Number 4. All right. Thank you. Motion approved. It's a motion by Council Member Allinger. Is there a second? Second. We've still got one more ordinance. Number four we still need to do. We still need to read. Number four? Yes, sir. All right. So we'll take another. We'll just hold that. Let's redo it. Thank you. Thank you. and Fayette Urban County Government pertaining to the general regulation of itinerant merchants, peddlers, and door-to-door sales, and providing for general conduct, public safety, transient merchant registration, parking restrictions, maintenance, garbage, and recycling requirements, noise and lighting restrictions, hours of operation from 7 a.m. to 11 p.m. or later, location restrictions for peddlers and itinerant merchants with additional restrictions for itinerant merchants, no sales by itinerant merchants on public property, creating Section 1513 of the Code of Ordinances, providing for exceptions for mobile food unit vendors, wholesalers, bazaars, malls, yard and garage sales, and not-for-profits, and creating Section 1514 of the Code of Ordinances, providing for a penalty in an amount not to exceed $250, all effective 30 days from passage. All right. Thank you, Madam Clerk. Is there a motion? Council Member Ellinger. I'm second. I'm seconded by Council Member Myers. Is there any discussion on the motion? All right. And when you're ready, Madam Clerk, please call the roll. And just to be clear, this is only on Ordinances 1 through 9. Yes. Just everybody understand that? 1 through 9, not 10. Mr. Lane? Yes, on Ordinance 1 through 9. Ms. Lawless? Yes, on 1 through 9. Ms. Mazzotti? Yes. Mr. Myers? Yes. Ms. Scutchfield? Yes, on 1 through 9. Mr. Stennett? Yes, ma'am. Ms. Akers? Yes, on all. Mr. Beard? Yes, on all. Mr. Clark? Yes. Mr. Ellinger? Yes. Mr. Farmer? Aye. Mr. Ford? Yes. Ms. Henson? Yes. And Mr. Kay? Yes. Thank you. All right. Thank you, Madam Clerk. The vote reflects passage of the motion. allows us to move on to ordinances for a first read. Whenever you're ready. Ordinance number 11, an ordinance amending section 2152 of the Code of Ordinances abolishing one position of associate traffic engineer, grade 115E, and creating one position of traffic engineer, grade 117E, and reclassifying the incumbent due to engineering licensure obtainment in the Division of Traffic Engineering and appropriating funds pursuant to Schedule No. 14, effective retroactive to June 17, 2013. Number 12, an ordinance amending Section 2152 of the Code of Ordinances abolishing one position of Staff Assistant Senior, Grade 108N, and creating one position of Information Systems Specialist, Grade 111N, both in the Division of Parks and Recreation, and appropriating funds pursuant to Schedule No. 15, effective upon passage of Council. And number 13, an ordinance amending certain of the budgets of the Lexington-Fayette Urban County Government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds at Schedule No. 12. Thank you, Madam Clerk. Is there a motion? No, wait a minute. Are there any walk-ons, suspensions? All right, none. Did I hear someone say something? All right. We have none. Then, Madam Clerk, we can move on to the resolutions for a second read. Resolution number one, a resolution accepting the bid of Purdue Environmental Contracting Company, Incorporated, doing business as PECO LLC, establishing a price contract for hazardous materials fill cleanup for the Division of Fire and Emergency Services. Number two, a resolution accepting the bid of ZKB Services LLC, establishing a price contract for clearing and grubbing services for sanitary sewer manholes for the Division of Water Quality. Number three, a resolution authorizing the mayor on behalf of the Urban County Government to execute an agreement with Central Indiana Truck Equipment Corporation, a sole source provider, for purchase of Heil Python multi-pack refuse truck bodies for the Division of Waste Management at a cost not to exceed $211,769 each. Number four, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute multi-year agreements with Time Warner Cable for connectivity for the EDAC's radio system and net motion Internet access for the Division of Fire and Emergency Services at a cost not to exceed $14,280 for fiscal year 2014. Number five, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute and submit a grant application to the Kentucky Energy and Environment Cabinet to provide any additional information requested in connection with this grant application and to accept this grant if the application is approved, which grant funds are in the amount of $145,326.91 Commonwealth of Kentucky funds, are for continuation of the litter abatement program, 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 six, a resolution authorizing the mayor on behalf of the urban county government to execute an agreement with Murphy and Graves Architects for Design and Engineering Services for renovation of the Emergency Operations Center at 115 Cisco Road at a cost not to exceed $427,000. Number seven, a resolution authorizing and directing the mayor on behalf of the urban county government to execute an agreement with Columbia Gas of Kentucky for relocation of utilities for the Clays Mill Road Improvements Project, Section 2C, at a cost not to exceed $38,281. Number eight, a resolution authorizing the mayor on behalf of the urban county government to execute a purchase of services agreement with the University of Kentucky and the U.K. Arboretum for stormwater education and outreach workshops for the Division of Environmental Policy at a cost not to exceed $50,000. Number nine, a resolution authorizing the mayor on behalf of the urban county government to execute a Memorandum of Understanding with Bluegrass Chapter of American Red Cross for assistance to families affected by disasters. Number 10, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a donation agreement with Wells Fargo Bank N.A. accepting the donation of the property located at 471 North Upper Street and authorizing the Mayor on behalf of the Urban County Government to execute a deed and any other documents necessary to transfer the property to the Fayette County Local Development Corporation for construction of affordable housing for low-income households. Number 11, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute and submit an application to the Kentucky Infrastructure Authority, KIA, and to provide any additional information requested in connection with the application for a low-interest state-revolving fund loan in the amount of $9,837,063 for the Lower Cane Run wet weather storage project. Number 12, a resolution authorizing the mayor on behalf of the Urban County Government to execute change order No. 2 to the contract with Churchill McGee, LLC for the Carver Community Center renovation for the Newtown Pike Extension Project, increasing the contract price by the sum of $2,405.56 from $1,098,175.85 to $1,100,581.41. No. 13, a resolution authorizing the Mayor on behalf of the Urban County Government to execute an addendum to the agreement with Power Phone Incorporated to provide training and materials related to emergency medical dispatch certification for E911 personnel at an estimated cost not to exceed $9,176. Number 14, a resolution authorizing the mayor on behalf of the Urban County Government to execute a services agreement with Rave Wireless Incorporated doing business' Rave mobile safety to provide software, training, and implementation services related to E911 system for a period of up to five years subject to sufficient funds being appropriated in future fiscal years at a cost not to exceed $107,000 in fiscal year 2014. Number 15, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute and submit a grant application to the Kentucky Division of Forestry and to provide any additional information requested in connection with this grant application, which grant funds are in the amount of $15,000 federal funds and are for Lexington's tree canopy assessment and planting plan. Number 16, 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 and 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 $27,979.72 Commonwealth of Kentucky funds are for capital improvements to 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. Thank you, Madam Clerk. Is there a motion? Motion to approve. Motion by Council Member Ellinger. Second by Council Member Scutchfield. Is there any discussion on the motion? All right, then hearing none. Y'all okay? Oh, we don't have a quorum issue. I have a quorum. All right. He's back. Whenever you're ready, Madam Clerk, please call the roll. Mr. Lane? Yes. Ms. Lawless? Yes. Ms. Mazzotti? Yes. Mr. Myers? Yes. Ms. Scutchfield? Yes. Mr. Stenna? Yes. Ms. Akers? Yes. Mr. Beard? Aye. Mr. Clark? Yes. Mr. Ellinger? Yes. Mr. Farmer? Mr. Ford? Yes. Ms. Henson? Yes. And Mr. Kay? Yes. Thank you. All right. Thank you, Madam Clerk. This allows us to move to a first reading of resolutions. At the end of the first reading, I believe Councilmember Clark has a walk-on and we do have a public hearing on number 25. All right. So if you'll stop at number before that, then we'll have it conduct a public hearing. Thank you, Madam Clerk. Resolution number 17, a resolution accepting the bid of Bluegrass Contracting Corporation, establishing a price contract for emergency pump connections for the Division of Water Quality and authorizing the mayor on behalf of the Urban County Government to execute any necessary agreement with Bluegrass Contracting Corporation related to the bid. Number 18, a resolution accepting the bid of Kiesler Police Supply, establishing a price contract for ammunition for the Division of Police. Number 19, a resolution accepting the bid of Omnisource Integrated Supply, LLC, doing business as Omnisource Staffing, establishing a price contract for temporary labor for the Division of Facilities and Fleet Management, and authorizing the mayor on behalf of the Urban County Government to execute any necessary agreement with Omnisource Staffing related to the bid. Number 20, a resolution accepting the bid of Windstream Communications, Inc., establishing a price contract for telephone maintenance for the Division of Computer Services and authorizing the mayor on behalf of the urban county government to execute any necessary agreement with Windstream Communications, Inc. related to the bid. Number 21, a resolution ratifying the probationary civil service appointments of Brooke Gray Program Specialist, Grade 112E, 1,517.20 biweekly in the Division of Water Quality, effective October 21, 2013. Michael Thomas, Trades Worker Senior, Grade 109N, 17.620 hourly in the Division of Streets and Roads. Jonesia Harris, Telecommunicator, Grade 111N, 18.603 hourly in the Division of Police. Thad Scott, Code Enforcement Supervisor, Grade 116E, 2253.84 biweekly in the Division of Code Enforcement, all effective upon passage of counsel. Ratifying the permanent civil service appointment of Yvonne Brown, Staff Assistant Senior, Grade 108 N, 14.352 hourly in the Division of Human Resources, effective August 25, 2013. Ratifying the approved council leave for Thomas Keller, Public Service Supervisor, Grade 111 N, in the Division of Streets and Roads, beginning September 4, 2013 to December 4, 2013. Number 22, a resolution authorizing the Division of Human Resources to make a conditional offer to the following probationary civil service appointments. Tamar Tompkins, Staff Assistant Senior, Grade 108N, 13.283 hourly in the Division of Water Quality, effective September 16, 2013. Deborah Phelps, Code Enforcement Officer, Grade 113N, 16.624 hourly in the Division of Code Enforcement. Shelly Ross, Child Care Program Aid, 107N, 11.790 hourly in the Division of Family Services. Eldrico Clay, Public Service Worker, Grade 106N, 11.775 hourly in the Division of Water Quality, all effective upon passage of counsel. Authorizing the Division of Human Resources to make a conditional offer to the following unclassified civil service appointment. Evan Willems, Staff Assistant Senior, Grade 108 N, 12.185 hourly in the Division of Parks and Recreation, effective September 16, 2013. Authorizing the Division of Human Resources to make a conditional offer to the following probationary community corrections officer appointments. Justin Clark, Jesus Contreras, Selena Daniels, Vicki Dickerson, Misty Ellis, Cara Francis, Andrew Ginn, Jackie Glass, Lila Goodpastor, George Grayson, Anne Grease, Jeffrey Johnston, Hannah Joyner, Alyssa Lawrence, Jennifer Lynch, Vance Meehan, Justin Clark, Makisha Mullins-Bulley, Jessie Neese, Cassandra Reynolds, Matthew Ritchie, L'Oreal Russell, Christopher Toon, Wayne Wilson, and Zachary Urie, Community Corrections Officer, Grade 110N, 14.34 Hourly in the Division of Community Corrections, all effective upon passage of counsel. Authorizing the Division of Human Resources to make a conditional offer to the following probationary sworn appointments. Michael Algier, Corey Barron, Anthony Beatty, Jonathan Brown, Keisha Compton, Byron Creekmore, Joseph Danielson, Jennifer Day, John Finley, Brandon Gibbs, Dusty Gigenday, Donovan Greider, Ethan Jennings, Philip Johnson, Michael Jones, Elizabeth Canis, Corey Lane, Matthew Lee, Cody McMillan, Ryan Scott, Andrew Strong, Alexander White, Stephen Wiggins, Ryan Wilson, and Joshua Woodward, police officer, grade 311N, 17.649 hourly in the Division of Police, all effective upon passage of counsel. Number 23, a resolution authorizing the mayor on behalf of the Urban County Government to execute a facility usage agreement with Fayette County Board of Education for Parks and Recreation, ESP, and real programs at a cost not to exceed $70,000. Number 24, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an agreement with Windstream Communications for relocation of utilities for the Clays Mill Road Improvements Project, Section 2C, at a total cost of $401,088.62, of which an amount not to exceed $16,743.76 is the responsibility of the urban county government. All right. Thank you, Madam Clerk. This is a public hearing now. There is a public hearing tonight regarding a change in use for a portion of the property located at 1050 Delaware Avenue, declaring that portion of the property as surplus and authorizing the mayor on behalf of the Lexington Bay and Urban County Government to execute a deed and any other documents necessary for the sale and transfer of the property. So I'll declare that the hearing regarding this is now open and does anyone wish to address the council regarding this issue. All right. And I have no one signed up to address the council. So hearing no one wishing to speak to this, I will now declare that the hearing is closed and ask the clerk to continue reading. Resolution number 25. A resolution authorizing a change in use for a portion of the property located at 1050 Delaware Avenue declaring that portion of the property a surplus and authorizing the mayor on behalf of the Lexington Fayette Urban County Government to execute a deed and any other documents necessary for the sale and transfer of the property, the proceeds from which shall be returned to the Community Development Block Grant Program. Number 26, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an agreement with Kentucky Utilities for relocation of utilities for the Clay's Mill Road Improvements Project, Section 2C at a total cost of $42,694.77, of which an amount not to exceed $35,009.71 is the responsibility of the Urban County Government. Number 27, a resolution authorizing the Mayor on behalf of the Urban County Government to execute change order number one to the contract with Oracle Elevator for the Phoenix Police Headquarters Elevator Renovation Project, increasing the contract price by the sum of $2,297.31 from $568,775 to $571,072.31. Number 28, a resolution authorizing the Whitney Young Park neighborhood building to be renamed to the Charles H. Quillings neighborhood building. Number 29, a resolution authorizing and directing the mayor on behalf of the urban county government to accept a grant from the Kentucky Transportation Cabinet Office of Highway Safety Programs, which grant funds are in the amount of $20,000 federal funds are for the provision of distracted driving-related services, the acceptance of which does not obligate the Lexington-Fayette Urban County Government for the expenditure of funds, and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 30, a resolution amending Resolution No. 364-2013 accepting the bid of DMH Construction, Inc. to provide for payment from the correct account. Number 31, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an amendment to agreement with the U.S. Department of Housing and Urban Development, amending the housing opportunities for persons with AIDS grant to permit use of the grant funds for operation of a tenant-based rental assistance program, and authorizing the mayor on behalf of the Lexington Fayette Urban County Government to execute an amendment to agreement with AIDS Volunteers Incorporated for operation of the program at no cost to the Urban County Government. Number 32, a resolution authorizing the mayor on behalf of the Urban County Government to execute an agreement with Bluegrass Youth Ballet, $300 for the office of the Urban County Council at a cost not to exceed the sums stated. Number 33, a resolution authorizing and directing the Department of Law to institute condemnation proceedings in Fayette Circuit Court to obtain permanent sanitary sewer and temporary construction easements at 4250 8th and Spoonsboro Road for the Blue Sky Pump Station and Force Main Project. All right. Thank you, Madam Clerk. Are there any motions for walk-ons? Council Member Clark. Thank you, Mayor. I move to place on the docket a resolution authorizing the Mayor on behalf of the Urban County Government to execute an agreement with Code for America Labs, Incorporated for participation in the Code for America 2014 Fellowship Program at a cost not to exceed $180,000. So move. Second. Motion by Council Member Clark, second by Council Member Lawless. Is there any discussion on the motion? All right. Hearing none, then we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. All right. Are there any motions for second reads? Would you like me to go ahead and do first reading on that resolution? Okay. That's fine. Yes, ma'am. That will be resolution number 34, a resolution authorizing and directing the mayor on behalf of the urban county government to execute an agreement with Code for America Labs, Incorporated for participation in the Code for America 2014 Fellowship Program at a cost not to exceed $180,000. Thank you, Madam Clerk. All right. Council Member Henson? Thank you, Mayor. I move to suspend the rules and give second reading to number 32, please. Motion by Council Member Henson regarding number 32, second by Council Member Ellinger. 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. Council Member Kaye. Thank you, Mayor. I move to suspend the rules and give second reading to number 34 relevant to the Code for America. Motion by Councilmember Kay, second by Councilmember Henson. Is there any discussion on the motion? Hearing none, we can take a vote. All in favor, please say aye. Opposed, no. Motion carries. Councilmember Myers. Was that second reading for this right here at this walk-on? That was a motion to give it a second reading. Okay. Is it time for discussion? We just took the vote, but you want to doubt? You didn't pause for it. Okay. We'll dial it back. Sure. I just have a quick question. Yeah, yeah. There was a $180,000 match we had to come up with. Do we have it already? Sir, Council Member Myers. As promised, we're not back asking for any extra money. We were actually able to secure the private contributions to move forward with the project. So we're just asking Council to go ahead and authorize the 180 from the city's contribution. So we have the other 180? We do. We have the commitments, yes. Thank you, sir. All right. So we'll take the vote now. All in favor of the motion, please indicate by saying aye. Aye. Opposed, no. Motion carries. All right. Now, are there any additional motions? Yes, sir, Mr. Barbary, David, Kevin, what's the matter with me? I'm so used to saying, David, forgive me, sir. If the Council will, Number 22 makes conditional offers of employment and needs two readings. number 22 was that um councilman massadi was it those motions by councilman massadi regarding on number 22 is or is it was there a second second by councilmember acres is there any discussion on the motion all right hearing none we take a vote all in favor please say aye opposed no motion carries. Thank you. Any additional? All right. And Madam Clerk, whenever you're ready. Resolution number 22 for a second reading, a resolution authorizing the Division of Human Resources to make a conditional offer to the following probationary civil service appointments. Tamar Tompkins, Staff Assistant Senior, Grade 108 and 13.283 hourly in the Division of Water quality effective September 16, 2013. Deborah Phelps, Code Enforcement Officer, Grade 113N, 16.624 hourly in the Division of Code Enforcement. Shelley Ross, Child Care Program Aid, Grade 107N, 11.790 hourly in the Division of Family Services. Aldrico Clay, Public Service Worker, Grade 106N, 11.775 hourly in the Division of Water Quality, all effective upon passage of counsel. Authorizing the Division of Human Resources to make a conditional offer to the following unclassified civil service appointment. Evan Woolum, Staff Assistant Senior, Grade 108 N, 12.185 hourly in the Division of Parks and Recreation, effective September 16, 2013. Authorizing the Division of Human Resources to make a conditional offer to the following probationary community corrections officer appointments. Justin Clark, Jesus Contreras, Selena Daniels, Vicki Dickerson, Misty Ellis, Cara Francis, Andrew Ginn, Jackie Glass, Lila Goodpastor, George Grayson, Ann Grease, Jeffrey Johnston, Hannah Joyner, Alyssa Lawrence, Jennifer Lynch, Vance Meehan, Justin Clark, Mekesha Mullins-Boli, Jesse Neese, Cassandra Reynolds, Matthew Ritchie, L'Oreal Russell, Christopher Toon, Wayne Wilson, and Zachary Uri, Community Corrections Officer, Grade 110N, 14.34 hourly in the Division of Community Corrections, all effective upon passage of counsel. Authorizing the Division of Human Resources to make an additional offer to the following probationary sworn appointments. Michael Algier, Corey Barron, Anthony Beatty, Jonathan Brown, Keisha Compton, Byron Creekmore, Joseph Danielson, Jennifer Day, John Finley, Brandon Gibbs, Dusty Giganday, Donovan Greider, Ethan Jennings, Philip Johnson, Michael Jones, Elizabeth Canis, Corey Lane, Matthew Lee, Cody McMillan, Ryan Scott, Andrew Strong, Alexander White, Stephen Wiggins, Ryan Wilson, and Joshua Woodward, police officer, grade 311N, 17.649 hourly in the Division of Police, all effective upon passage of counsel. Number 32. A resolution authorizing the mayor on behalf of the urban county government to execute an agreement with Bluegrass Youth Valet, $300 for the office of the urban county council at a cost not to exceed the sum stated. And number 34, a resolution authorizing and directing the mayor on behalf of the urban county government to execute an agreement with Code for America Labs, Incorporated, for participation in the Code for America 2014 fellowship program at a cost not to exceed $180,000. All right. Thank you, Madam Clerk. Is there a motion? Council Member Lawless? Second. Wait a minute. Is this a question? This is a question. All right. I'll tell you what. Let's get the motion first. Who has it made the motion to approve? Did I get a motion? Second. Council Member Akers, motion to approve. Second by Council Member Kay. All right. Floor is available for discussion. Council Member Lawless. I had a question about number 31. It's the amendment to the grant for the housing for people with AIDS. Is that, and it funnels through ABOL, Is that something that needs a second reading so that can move forward? Is there a time limit on that grant? Do you know? Thank you very much, Council Member, for asking for it. Irene did not ask me to do that. So I take that as there was not a problem, but I don't know that for sure. So it might be appropriate. Okay. All right. Any further discussion on the motion? All right. Then, Madam Clerk, when you're ready, please call the roll. Mr. Lane? Yes. Ms. Lawless? Yes. Ms. Massadi? Yes. Mr. Myers? Yes. Ms. Gutchfield? Yes. Mr. Stenet? Yes, ma'am. Ms. Akers? Yes. Mr. Beard? Aye. Mr. Clark? Yes. Mr. Ellinger? Yes. Mr. Farmer? Mr. Ford? Ms. Henson? Yes. And Mr. Kay? Yes. Thank you. Thank you, Madam Clerk. And the vote reflects passage of the motion. All right, that allows us to move on to Roman numeral eight. Communications from the mayor. Is there a motion? Second. Motion by Council Member Kaye, second by Council Member Beard. 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. In terms of announcements, before I open the floor to Council for announcements, we do have a police disciplinary matter, and Commander Coleman is here for that matter. Commander Coleman, welcome, sir. Aye. On Wednesday, June 5, 2013, an allegation was made that Officer Stephen McCain, employee number 43996, violated General Order 73-2H, Operational Rules Section 1.40, at-fault collisions. At the conclusion of the investigation, the employee met with Chief Ronnie Bastin and has accepted an 80-hour suspension of home fleet privileges in a written reprimand. This recommended discipline has also been approved by Public Safety Commissioner Mason. Second. Thank you. Motion by Council Member Henson to approve, second by Council Member Ellinger. Is there any discussion on the motion? All right. Hearing none, we can take a voice vote. All in favor, please say aye. Aye. Opposed, no. The motion carries. Thank you, Commander. All right. Does any council member wish to address the council? All right. Then that allows us to move on to public comments. We do have a few of our guests tonight signed up for public comment, beginning with Reverend Hobson. Is he still? No, I believe Reverend Hobson left. Right. David Stubblefield, is David here? Yes, sir. David. Just come right up. David, in case you don't know the protocol, you probably do. There's a three-minute. Are you aware of that? I'll speak quickly. Hey, listen, we appreciate you being here. Thank you. I usually don't come to these kinds of things. I understand. We appreciate you being here. And if you'll just give your name and address, that's part of our protocol. Thank you, sir. My name is David Stubblefield, and I own property at 220 Cedar Street, which is part of the Center Court Condominium. I'm here on behalf of myself as a property owner, but I'm also here as a member of the Center Court Condo Association Board. And I'm here to speak to Ordinance 9 that was approved and read tonight. And I have a couple of issues with that ordinance, and I'm going to ask the council to rescind your approval of that ordinance. tonight on a couple of different points. First of all was the lack of notice. I only received written notice of the second reading just this past week, and I only received it because my tenant in my condo brought it to my attention. Luckily, my tenant was my daughter. So I know there are several board members that I serve with that did not receive notice of this ordinance. So that's why we hadn't been here in the past, and I'm here representing the board and asking that you all would rescind that ordinance because of the lack of notice and the fact that my address of record where you send my property bill for the property, you can always find me there, but I did not get notice about this. Basically, I want to bring to the attention that I feel that there is an impact or will be an impact to the property values of the residents that will be affected with the increased traffic and off-street parking that potentially will come from this, the pedestrian-friendly portion of Limestone. It's having not a lot of knowledge of the situation, but speaking to the fact that that's going to push, in my opinion, parking often to the residents and there is an issue with parking for those residents in that area to begin with so I think that this is going to negatively affect the value of our condos and our ability to rent and again I would ask that the council rescind ordinance number nine so that that proper information can be getting out to the owners. All right. Thank you. Thank you, Mr. Tumblefield. Thank you. I would suggest that maybe after the council meeting you could speak to Chief Administrative Officer Sally Hamilton and just about the questions and the issues, and then others, our Commissioner of Law is here who could discuss procedurally any actions that might be taken. I appreciate that. Yes, sir. Thank you. I don't get into this stuff much, but the fact that I couldn't follow the rules because I was not aware of the ordinance, So that kind of puts all of us at a disadvantage. We certainly want you to be able to have any opportunity, have the opportunity to have your questions answered. And that's what I, this is Sally Hamilton right there, and she can help navigate. Okay. We appreciate your coming. Thank you. Thank you, sir. All right. I'm going to ask, let's see, next on the sign-up sheet is Nathan Dickerson. Nathan, if you'll just give your name and address, please, sir. All right. My name is Nathan Dickerson, as was mentioned, and I live right next door at 120 East Main Street, apartment 1508. And I want to thank the council for giving me an opportunity to speak and also to let you know that I'll be reading a statement on behalf of the Board of Progress Lex and again for those of you who remember Progress Lex was the organization that uncovered the recycled recommendations of Angela economics which helped the city get refunded $75,000 so our statement reads as follows and this is again with regards to the increase in funding for the for the districts in each council area getting I think what was originally 250,000 but now 150,000 as amended and the statement reads as follows. The Progress Lexboard understands that council members are passionate about improving their districts, but we believe taking what was $375 million taxpayer dollars and divvying up those resources across districts is bad public policy. There are many pressing projects for council members to pursue in their districts, but we believe it is in the public interest to have those projects funded on their own merits in a transparent way with public debate. We would ask that Council find a more open and careful manner to invest these public funds. We're not sure where the taxpayer dollars are going, and we believe our Council members should not vote for a policy that permits public resources to be used in a way that could give the impression of pork barrel spending. We understand the passion to help individual districts, but we believe transparency is the best policy for achieving those ends. Thanks. Thank you, Mr. Dickerson. Mr. Bernard McCarthy. For the record, my name is Bernard McCarthy. My address is 515 Harry Street. Now, periodically some people babble about wanting to slow traffic down, but if traffic in our downtown moved any slower at rush hour, it would be totally paralyzed and not moving at all. I think that our downtown one-way streets need to stay one way, or at least the ones that are one way clear across the downtown area. And at any opportunity that you get when somebody tears down a building for totally unrelated reasons, you need to buy a strip of land and widen the street in front. As a matter of fact, before Center Point gets built finally, I think you should buy at least four feet of land along Limestone to add a bike lane and 16 feet of land along Upper on that side to add both a left turn lane and a bike lane. and I will say that while I personally arranged my life in such a way as to minimize the occasions on which I have to cross downtown at rush hour in that both my job and my house are located to the north of downtown unfortunately my doctor and my dentist both have their offices on the south side of town so occasionally I do have to come through it at rush hour and it does need some improvement. Anyone who wants to tie traffic up worse is crazy. Thank you, Bernard. Bernard. I'm always getting that. I had a friend, Bernard, so. Mr. Robert Dalton. Is Robert still here? Robert is here. Thank you, Mr. Mayor, council members. Robert Dalton, 520 Douglas Avenue. I live within the 1st District. Mr. Ford is my council rep. I wish he was still here because he's the purpose why I'm down here tonight. I know I haven't been down here for a while. A lot of times, oh, he is there. Good. So he can hear it. I know a lot of times council representatives do not hear anything good from their constituents and taxpayers. And I've been wanting to get down here since about the time you all went on your summer break about the Bluegrass Area Development District issue going on with Mr. Stoltz being terminated from his position and them being rehired and the big stink that happened. And I like what Mr. Farmer says about, you know, the fishy smell about it. And this definitely does have a bad smell to it. And Mr. Ford, as one constituent here and as a taxpayer for the city, I want to thank you for being a wonderful steward of the city and our taxpayer money by wanting to put a stop to them and not put any more money towards them, at least until some issues had been taken care of with that. And the same thing also for our mayor for being on the committee for them, for the representative of our county here, and also trying to vote that he shouldn't get all this money for the things that he did. So I do appreciate that. And one last thing. I know you were talking earlier in the closed session and the big discussion going on tonight about some $3.75 million being spent on different things for the council districts. I know we've been in lean times recently, and I think that we need to take care of business first before we do anything with that money. You know, I don't know how long it's been since city employees have received any raises, or I know it's been a long time for state workers, but the business needs to be taken care of first before we start doing anything else if planning to spend any other money. But thank you. Thank you, Robert. Thank you for joining us tonight, for being here. That's all of you who have signed up. There is a motion to adjourn by Council Member Ellinger. There is a second by Council Member Lane. Unless there is objection, we are adjourned. Thank you.