Music Council members will find their seats, that'd be great, and I'll call the meeting to order. Let's go. Y'all been busy, I know. Thank you for your patience. Oh, no, thank you. That looks good. All right, one, two, three, four, five. Next street. Isn't there a little filming? My gosh. All right, looks like we've got a quorum. I'll call the meeting to order. And ask the clerk to please call the roll. Ms. Sketchfield? Present. Mr. Stennett? Yes, ma'am. Ms. Akers? Yes, ma'am. Mr. Beard? Present. Mr. Clark? Here. Mr. Ellinger? Here. Mr. Farmer? Yes, ma'am. Mr. Ford? Here. Ms. Gordon? Here. Ms. Henson? Here. Mr. Kay? Here. Mr. Lane? Here. Ms. Lawless? Here. Ms. Massadi? Here. And Mr. Myers? Thank you. Thank you, Meredith. All right, next on our agenda is the invocation. And tonight we are so pleased and honored to have Bishop Norwood of St. John Missionary Baptist Church here with us. I asked him a little bit earlier, I said, Bishop, have you done this before? I was thinking, surely so. And he said this is his first time. Well, it also happens to be the church where our very own deputy chief administrative officer, Glenn Brown, is a member. You do claim it. Yes, sir. Yes, sir. We are so glad to have you. Thank you. It's good to be here. Let us pray. Our Father and our God, you have been our help in ages past and you're our hope for years to come. You have been a shelter during trials and tribulations and you have promised us an eternal home. We ever so thank you for this wonderful and glorious day that you have made and it is our privilege to have rejoiced and been glad in it. We ask for God a special blessing upon this council meeting on tonight. thanking you for the mayor and all of the council persons and all of these that are assembled and we ask though God that your wisdom would be divided among them that they might be able to do what you have purposed for the construction of this city. We bless you for all things and we ask it all in the blessed name of his name that has been exalted above all names. Amen and amen. Bishop Norwood, thank you. Thank you so much. We always say, Bishop Norwood, we always say we'd love to have you stay with us, but we don't expect it. Thank you, sir. Yes, sir. Thank you. Yes, sir. All right. We have one presentation tonight, and I'm going to ask Council Member Stenet to please join me at the podium for this presentation. All right. Well, tonight we have the opportunity to recognize some wonderful volunteers, community volunteers. Lexington is blessed to be a city that's full of wonderful citizens who are ready to roll up their sleeves and work on behalf of our city. So the folks we're recognizing tonight are Lowe's employees at the Richmond Road and Hamburg locations. Twenty-three Lowe's employees got together and cleaned up and fixed up the ballpark at Constitution Park. And Lowe's helped by providing the materials through the company's Lowe's Heroes program. I was out there, got to visit with them. Council Member Stennett, we sort of passed each other on the way out and back. Well, we both, and I know all of you, agree that these folks are heroes, and we want to recognize them with a proclamation tonight. So first, however, first things first, let me introduce Council Member Stennett, who can tell us more about the project and what it means to programs in the park. Thank you, Mayor. Just to give you some background, council members, this is Constitutional Park that houses boys baseball, Baybrooth baseball, usually meaning over 12 years old, 13 to 18 years of age. The league underwent some changes here recently, and thanks to several parents, they were able to save the league, a league of over 100 boys that had the opportunity to play baseball. And I want to give thanks first to those parents who stepped forward to save the league and to get involved and to get Lowe's involved and to continue the tradition on at Constitution Park. And just to give you background, on this very field that they worked on, I actually played the first baseball game on that field. So I do have somewhat of a bias and a sincere hope that this league continues. And this effort that has been put forward not only by the parents but by our corporate partners in the community means a great deal to our city. But first I want to thank Brian Kelly, the league president. Brian, would you stand up? Brian took on the famous role as being president. If any of you have ever been president of a youth baseball, soccer, football league, you know the challenges ahead of Brian, but he's willing to take it on. So thank you, Brian. We appreciate you stepping up. And then I want to recognize a couple of the board members if I miss anybody. Our very own Steve Cummins is vice president. Steve works in traffic engineer. And then Keith is here. Keith is in charge of grounds, is that correct? Is that the title they officially assigned to you? Equipment, all the equipment. And then am I missing anyone else that was able to come? But thank you, gentlemen, for coming, stepping forward and coming tonight and helping these young men continue the opportunity to play baseball. So thank you all, first. Secondly, you know, we have a lot of good, very good corporate sponsors in our community, corporate partners that step up and help us when we need it. And usually we don't recognize all of them, But tonight we have an opportunity to recognize an exceptional corporate sponsor. Not only did one store, one Lowe's location on Richmond Road, but both of them in Hamburg and Richmond Road stepped forward to lend a hand for three days. Three days they lent not only their employees to come to the field, to Constitution Park, but they also lent resources that meant a lot to getting these fields refurbished. And Steve, do we have the slideshow ready to go? And just to give you a couple things of what they've done. You've heard of extreme home makeover? Well, this was an extreme park makeover in three days, literally. That's what really was able to be accomplished. Can you go through it, Floyd? Sure. Thank you, council members, for your time. Thank you, Mayor, for having us in tonight. I really appreciate this notoriety. And I'm going to go through this. This is very quick. There's only about ten slides, but I wanted to gain recognition for those folks that really answered the call for what a true hero is. You can see they came out and inspected the grounds with us to see exactly how dilapidated and some of the safety issues that the park actually had. You can see when they showed up, they showed up in force. And this is something that we truly were very appreciative of. because without their assistance and their help, there's really no way that just as parents we could pull together the thousands of dollars in such a quick amount of time to try to get a league up and started. The dugouts. Anything you can think of relative to a baseball field really needed to be fixed, repaired, cleaned up, and ready for play for a fall season. And many of you folks have either been through fall seasons or they know exactly what fall ball is all about. and again this is the finished product you can see they put in helmets uh storage areas they painted the colors uh total different rehab just on just one instance batting cage rehab same thing you see the nets are torn uh the the tarp and everything else is is in bad shape they come in they they take down all the wood the rotten pieces they took out the old uh tarp and everything that we had in there. Closed up doors where vandalism was taking place. And now you can see the finished product. It's our league colors, royal blue, or navy blue rather, and the green and the white. Got brand new indoor-outdoor carpet for the batting cage. Fence rehab, we had a lot of problems relative to the fence where there were very sharp pieces that were poking up through the top and just in total disarray. They came in and put all new tubing around. The scorekeeper's booth. If anybody's ever been to a baseball field, you know when the rain starts or the sun's beating down on you, it's very difficult to try to focus in on the kids, and that's what's really important. So they came in and they closed in the scorekeeper's area, and once again, the finished product ended up being our league colors, and it's really going to be something for the kids. And we do have some of the ballplayers here tonight, and if you guys can raise your hands see the colors that we have, and they're just so proud of the field now and what they're able to accomplish. Again, it's my distinguished honor to thank the folks at Lowe's, Jay, Michelle. I truly appreciate your all's effort, and you're more than welcome to come out anytime and catch a ballgame. Council Member Stendet, thank you. Thank you, Steve. You just saw a little bit of a glimpse of what was able to be accomplished in those three days, but it was truly remarkable. The last group I want to thank is our own Park and Recreation Department, Jerry Hancock, Kathy Moberly, and Darlene Haley who helped the league continue on and get their administrative piece ready because without our park and recreation department this league would have been gone and these hundred or so boys would no longer be playing baseball on the north end of Lexington. So thank them as well for their stepping up and helping the league. Keep going. So without further ado, like for James Johnson and Michelle Dunn, come on up here. We've got to recognize you. These are our store managers. All right. Don't you all feel good? Okay, we're going to give you all these proclamations. We've got one for each store, okay? Now, you all brought some of your fellows. All right, so let's bring everybody up, and with the council members, we'll get the pictures made. and I'm going to read just a section of these proclamations, one for each store. And so there's a bunch of whereases on here. I'm not going to read all of them. But a couple of them say a lot of what Steve's already talked about, what Kevin's already talked about. Whereas these volunteers recently improved the beauty and safety of the baseball field at Constitution Park for future players, coaches, and spectators, and they were repairing batting cages, repainting dugouts, installing equipment for helmet and bat storage, repaired and replaced fencing and bat out of breath, enclosed the scorekeeper's box and installed a mesh net on the outfield fence. And it goes on to say that so we all together here, the city, thank the volunteers from Lowe's Home Improvement Hamburg for their work at Constitution Park and declare today, October 10, 2013, Lowe's Heroes Day in Lexington. All right. And Steve, is Steve already? Steve, come on up. Yeah, all right. And the Richmond Road Store. Yep, yep, everybody. Okay, we got both of them. Yep. All right. That's perfect. Okay. I'll see you. I don't think this is the mayor. I'll get you. Oh, you're fine. Thank you. Good, good. Thank you. Oh, I see. Okay, all right. All right. We do? Well, it's not showing here. Right here. Do that first. It's showing this. Well, you're going to do that. All right. All right. All right. We're going to return to the agenda now. Move to approve the minutes of September 26th. I'm going to ask for a motion to approve the minutes. Council Member Ellinger. Second. It's a motion by Council Member Ellinger, seconded by Vice Mayor Gordon. Is there any discussion on the motion? All right. If there is none, then we'll take a vote. All in favor, please say aye. Opposed, no. Motion carries. All right, I'm going to call on Council Member Ellinger for a motion. Thank you. Thank you, Mayor. I move that we go into closed session pursuant to KRS 61.8101F for a discussion that may lead to the discipline or dismissal of an employee. So moved. Second. So motion and second to enter closed session. Is there any discussion on the motion? Hearing none. Aye. All in front. Whoa, whoa, whoa. Can we please take a vote? All in favor of the motion, please say aye. Aye. Opposed, no. Motion carries. All right. Those members of the audience can stay here because the council will adjourn to the quarters in the back. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Ready to resume? All right. Go on once, go on twice. All right, thank you. I know you all have been busy. All right, we can move right back to the... I think we'll need a motion to return to open session. All right. There's a motion and a second to return to open session. Is there any objection? All right, hearing none, we'll return to open session. And we are now at ordinances for a second reading. Madam Clerk, when you're ready. Yes, sir. Ordinances 1 through 7. Ordinance number 1 and ordinance amending Article 1 of the Zoning Ordinance to amend the definition of a vehicle storage yard to allow inoperable vehicles to be stored no longer than 60 days in a vehicle storage yard, Urban County Planning Commission. Number 2 and ordinance amending Section 2152 of the Code of Ordinances abolishing one position of Environmental Inspector, Grade 113N, and creating one position of Environmental Initiatives Specialist, Grade 115E, both in the Division of Environmental Policy, effective upon passage of counsel. Number three, an ordinance amending Section 2252 of the Code of Ordinances, creating one position of Budget Analyst Senior, Grade 118E, with term to expire on December 31, 2014 in the Council Office, effective upon passage of counsel. Number four, an ordinance amending Section 2252 of the Code of Ordinances, creating one position of security officer, Grade 106N, with term to expire on December 31, 2014 in the Division of Facilities and Fleet Services, effective upon passage of council. Number five, an ordinance approving and adopting an amendment to the Division of Purchasing Revised Regulations for the procurement of personal professional services to include additional methods of procuring construction management services. Number six, 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 16. Number 7. An ordinance amending. Is there a speaker? There is a speaker. Council Member Farmer. Council Member Farmer. Thank you, Mayor. On item seven, this is legislation I'm not in favor of, and I've made that known publicly. And I think there's a possibility that the council could decide to table this in favor of the broader fund balance discussion that we're having. I was just going to simply say I'm going to vote no on it, and I hope that others would too, and that if it passes, it would be my hope that in his wisdom, the mayor might use his first veto opportunity, and I'd be glad to help him craft his veto message. Thank you, Council Member Farmer. Council Member Lawless. Here, here. I'll help you, too. Because the way this was written about it being set aside without any guidelines of how it would be spent, would it be divided, would we go through the horrendous task of ranking other people's projects, et cetera, I feel like I can't support it for that reason. Thank you. All right. Council Member Kaye. Council Member Kaye. Thank you, Mayor. Given that I think the original intention was to put this back on the docket after we had had a full discussion of the fund balance, I'm going to make a motion to table this until we've been able to have that full discussion. So move. Second. Motion by Council Member K. Second by Council Member Beard. Motion to table is non-debatable. Unless there's objection, call the question. All in favor. No, never mind. All in favor of the motion to table, please indicate by saying aye. Aye. Opposed, no. All right. Motion carries. All right. Number seven is table. So is there a motion? We now, there's no more. That's the end of your second. Second. Motion by Vice Mayor Gordon, second by Councilor Ellinger to approve. Is there any discussion? All right. Madam Clerk, when you're ready, please call the roll. Ms. Gutchfield? Aye. Mr. Stennett? Aye. Ms. Akers? Yes. Mr. Beard? Aye. Mr. Clark? Yes. Mr. Ellinger? Yes. Mr. Farmer? Yes, on all. Mr. Ford? Yes. Ms. Gordon? Aye. Ms. Henson? Yes. Mr. Kay? Yes. Mr. Lane? Yes. Ms. Lawless? Yes. Ms. Massadi? Yes. And Mr. Myers? Yes, and my voting screen is not working for me. All right. Thank you, Madam Clerk. Thank you. The vote reflects passage of the motion. Allows us to move on to ordinances for a first reading. When you're ready. Mayor. Yes, ma'am. For the first reading of ordinances, I would like to motion to table item 12 until the next council meeting. This wording is incorrect. All right. It's an issue of the motion to tables related to language in the motion itself. Is that right, Council Member? Yes. All right. We have a motion by Council Member Henson, seconded by Council Member Farmer to table. Non-debatable. All in favor of the motion, please indicate by saying aye. Aye. Opposed, no. Motion carries. All right. Yes, ma'am. Thank you. Madam Clerk, when you're ready, please read. Give us the first reading on the ordinances. Ordinance No. 8, an ordinance amending Section 2152 of the Code of Ordinances, creating one position of personal protective equipment manager, Grade 114N, in the Division of Fire and Emergency Services, appropriating funds pursuant to Schedule No. 17, effective upon passage of counsel. Number 9, an ordinance amending Section 2352 of the Code of Ordinances abolishing one position of police captain, grade 318E, and creating one position of police lieutenant, grade 317E, both in the Division of Police, appropriating funds pursuant to Schedule No. 18, effective upon passage of counsel. Number 10, an ordinance amending Section 2152 of the Code of Ordinances abolishing one position of administrative officer, grade 118E, and creating one position of administrative officer senior, grade 120E, both in the Department of Planning, Preservation, and Development, and appropriating funds pursuant to Schedule No. 21, effective upon passage of council. Number 11, an ordinance amending certain of the budgets of the Lexington Fayette Urban County Government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds. Schedule No. 19 and No. 12 was tabled. Thank you, Madam Clerk. Are there any motions? Are there any motions for walk-ons or suspensions? All right. Then, Madam Clerk, when you're ready, if you'll move on to second reading of resolutions. Thank you. Resolution number one, a resolution accepting the bid of Scodeller Construction, Inc., in the amount of $111,150 for crack sealing for the Division of Streets and Roads and authorizing the mayor on behalf of the Irby County Government to execute any necessary agreement with Scodeller Construction, Inc. related to the bid. Number two, a resolution accepting the bid of Grants Excavating, Inc., in the amount of $570,000 for the Blue Sky Pump Station and Force Main Contract 1 Pump Station for the Division of Water Quality and authorizing the Mayor on behalf of the Urban County Government to execute an agreement with Grants Excavating Incorporated related to the bid. Number three, a resolution accepting the bid of Hubert Excavating and Contracting, LLC, in the amount of $1,100,000 for the Blue Sky Pump Station and Force Main Contract 1 Force Main for the Division of Water Quality and authorizing the Mayor on behalf of the Urban County Government to execute an agreement with Hubert Excavating and Contracting LLC related to the bid. Number four, a resolution accepting the bid of Cleary Construction Incorporated in the amount of $735,206 for the East Lake Trunk Sewer Replacement for the Division of Water Quality and authorizing the mayor on behalf of the Urban County Government to execute an agreement with Cleary Construction Incorporated related to the bid. Number five, a resolution accepting the bid of Pavement Technology Incorporated establishing a price contract for asphalt surface maintenance with an asphalt rejuvenating agent for the Division of Streets and Roads. Number six, a resolution accepting the bid of Wolf Creek Company, Inc., establishing a price contract for extreme slope mowers for the Division of Parks and Recreation. Number seven, a resolution accepting the bid of Bluegrass Uniforms, Inc., doing business as Bluegrass Uniforms and Equipment, establishing a price contract for SCBA maintenance for the Division of Fire and Emergency Services. Number eight, a resolution accepting the bid of Hydro Controls, Inc., establishing a price contract for electric actuators for the Division of Water Quality. Number nine, a resolution ratifying the probationary civil service appointments of Jonathan Miller, Equipment Operator Senior, Grade 109N, 15.207 hourly in the Division of Streets and Roads, effective September 30, 2013, Michael Lambert, Engineering Technician Senior, Grade 113E, 2081.84 biweekly in the Division of Water Quality, effective October 7, 2013. Frank Mabson, Program Specialist, Grade 112E, 1,419.28 biweekly in the Division of Water Quality. Theodore Adams, Telecommunicator Senior, Grade 113N, 19.524 hourly in the Division of Police, both effective upon passage of counsel. Ratifying the permanent civil service appointments of Antonio Mack, public service worker, grade 106N, 11.470 hourly. Christopher Toutant, public service worker, grade 106N, 12.736 hourly, both in the Division of Parks and Recreation, effective September 11, 2013. Rebecca Warner, staff assistant senior, grade 108N, 17.643 hourly in the Division of Police, effective July 21, 2013. William Sinclair, Jr., Trade Supervisor, Grade 113N, 18.805 hourly in the Division of Facilities and Fleet Management, effective September 18, 2013. Number 10, a resolution authorizing the mayor on behalf of the Urban County Government to execute a professional services agreement with Dr. Patricia K. Howard, retaining her to act as the emergency services training coordinator for the Division of Fire and Emergency Services and to provide related services for one year with the option of renewing annually up to five times at an annual cost not to exceed $11,750 with an additional annual cost not to exceed $11,750 for each year a paramedic training program is conducted. Number 11, a resolution authorizing the mayor on behalf of the Urban County Government to execute a second renewal of the Engineering Services Agreement with Hazen & Sawyer PSC to provide for Sanitary Sewer Capacity Management Operations and Maintenance Program deliverables for consent decree implementation at a cost not to exceed $345,000. Number 12, a resolution authorizing the mayor on behalf of the urban county government to execute a release of easement releasing a subsurface drainage easement on property located at 1141 Shagbark Lane. Number 13, a resolution specifying the intention of the urban county council to expand and extend partial urban services district number 3 to provide garbage and refuse collection, finding a need for this service in the area included, finding the ability of the urban county government to provide the service in this area, which area is defined as certain properties on the following streets, Blazer Parkway, Castle Bridge, Lane, Donington Court, and Fountain Court. Number 14, a resolution specifying the intention of the urban county council to expand and extend partial urban services district number 7 to provide garbage and refuse collection and street cleaning. Finding a need for these services in the area included finding the ability of the urban county government to provide the services in this area, which area is defined as certain properties on the following street, Sorrel Way. Number 15, a resolution authorizing the mayor on behalf of the urban county government to execute an agreement with Otis Elevator Company, a sole source provider, to perform maintenance services for the Division of Community Corrections at a cost not to exceed $1,844.40 in fiscal year 2014. Number 16, a resolution authorizing the mayor on behalf of the urban county government to execute a memorandum of understanding with the Federal Bureau of Investigation Department of Veteran Affairs for Department of Veteran Affairs jurisdiction. Number 17, 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 Homeland Security and to provide any additional information requested in connection with this grant application, which grant funds are in the amount of $900,000 federal funds and are for replacement of a fire engine and 12 lead automated external defibrillators. Number 18. not obligate the urban county government for the expenditure of funds, and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 19, 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 Emergency Management and to provide any additional information requested in connection with this grant application, which grant funds are in the amount of $1,422,000 federal funds under the Federal Emergency Management Agency's Flood Mitigation Assistance, Pre-Disaster Mitigation Assistance Program, and are for the acquisition and demolition of up to 10 residential properties in the Clarksdale Court and Shandon Drive, Pearson Drive areas. And number 20, a resolution authorizing the mayor on behalf of the Urban County Government to execute a facility usage agreement with various youth baseball leagues for youth sports for the community at no cost to the Urban County Government. Is the motion, that was number 20, yeah, okay. So we have a motion by Council Member Hanson. Who's that second? Second by Council Member Beard to approve. Is there any discussion on the motion? All right. Hearing none, when you're ready, Madam Clerk, please call. Okay. Didn't see that. Hello. We are second reading resolutions. Do you need something? You want to speak to this? I just wanted to ask my colleagues, under the resolutions of second reading, to numbers 1 through 7, to look at those and look at what they were for. And notice that those, number 1 through 7, are all for professional services. And so are these the types of things that we would not want to fund? Let's just take a moment and think about. And then items number 10 and 11, training coordinator for emergency services, consultant engineering services for our sewer and water quality capacity work that we're doing, are these projects that we should not be funding. So those are 10 and 11 are actual consultants, and then 1 through 7 are professional services, which is what was put up on Tuesday as this outrageous spending that the city is doing. So I'm not going to table or object to these, but I just wanted to call everyone's attention to them, and I don't think that we should stop the emergency services training coordinator or the Sanitary Sewer Capacity Project, but I just wanted to make note of that. Oh, and actually number 26 later is also a consultant, but thank you. All right. Thank you, Council Member Akers. All right. Madam Clerk, when you're ready, please call the roll. Ms. Gutchfield? Yes. Mr. Stenet? Yes, ma'am. Ms. Akers? Yes. Mr. Beard? Aye. Mr. Clark? Yes. Mr. Ellinger? Yes. Mr. Farmer? Yes, again. Mr. Ford? Yes. Ms. Gordon? Aye. Ms. Henson? Yes. Mr. Kay? Spending $44 million now. Mr. Lane? Yes. Ms. Lawless? Yes. Ms. Massadi? And Mr. Myers. Yes. Thank you. All right. All right. The vote reflects passage of the motion, which allows us to move on to resolutions for a first reading. Madam Clerk, when you're ready, and I believe, Council Member Henson, you have a motion to amend 22 and 23, is that right? So, Madam Clerk, at 22 and 23, will you let Council Member Henson make a motion, please? Yes, sir. Resolution number 21, a resolution accepting the bids of Tri-State Roofing and Sheet Metal Company of Kentucky and Bryden Company, Incorporated, establishing price contracts for roof repairs and maintenance supplemental for the Division of Facilities and Fleet Management. Council Member Hanson. Thank you, Mayor. I move to amend item number 22 on the docket under first reading resolutions to delete the conditional offer to the following probationary sworn appointment of Clay Combs as police lieutenant. All right. Is there a second? Second. Second by Council Member Scotchfield? Is there any discussion on the motion to amend? All right. Hearing none, then we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. And do you have a motion for 23 as well? Do we want to take it now? Can we? Yep. Go ahead and amend 23 as well. I move to amend item number 23 on the docket under first reading resolutions to delete the voluntary demotion of Chris Young, Police Sergeant. Second. Motion by Council Member Henson and second by Vice Mayor Gorton. Is there any discussion on the motion? Hearing none, we'll take the vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. All right. Madam Clerk. Please continue. No 83 hourly in the Division of Parks and Recreation, effective September 23, 2013. Stephen Goehofer, Nuisance Control Officer, Grade 111N, 18.174, hourly in the Division of Code Enforcement, effective upon passage of council. Carrie Bradford, Financial Coordinator, Grade 112N, 16.059, hourly in the Division of Grants and Special Programs, effective October 21, 2013. Clinton Votov, Electrical Instrumentation Technician, Grade 113N, 25.672, hourly in the Division of Facilities and Fleet Management, effective upon passage of council. Gary Rothwell, Electrical Instrumentation Technician Senior, Grade 114E, 1,876.64 biweekly in the Division of Facilities and Fleet Management effective upon passage of council. Robin Moore, Golf Course Superintendent Senior, Grade 116E, 1,950.16 biweekly in the Division of Parks and Recreation effective upon passage of council. Authorizing the Division of Human Resources to make a conditional offer to the following unclassified civil service appointment. Kisane Lindsay Part-Time Child Care Program Aid, Grade 107N, $12 hourly in the Division of Youth Services, effective September 21, 2013. Number 23, as amended. A resolution ratifying the probationary civil service appointments of Joseph Kipp, Public Service Worker, Senior, Grade 107N, 12.474, hourly in the Division of Parks and Recreation, effective September 23, 2013. James Kiker, Public Service Worker, Senior, Grade 107N, 13.788, hourly in the Division of Parks and Recreation, effective September 23, 2013. Janet Davis, Administrative Specialist Senior, Grade 112N, 17.141, hourly in the Division of Human Resources, effective October 7, 2013. Sherrick Edmonds, Operations Manager, Grade 116E, 1,756.72, biweekly in the Division of Waste Management, effective upon passage of counsel. Russell Scott, Operations Manager, Grade 116E, 2,159.68, biweekly in the Division of Waste Management, effective upon passage of counsel. Anthony Kelly, Operations Manager, Grade 116E, 2004, 1.44 biweekly in the Division of Parks and Recreation, effective upon passage of council. Alan Hinkle, Computer Systems Manager, Senior, Grade 120E, 3,331.76 biweekly in the Division of Computer Services, effective upon passage of council. Melissa Luker, Director of Budgeting, Grade 122E, 2008, 61.12 biweekly in the Division of Budgeting, effective October 21, 2013. Ratifying the permanent civil service appointments of William Sinclair, Trade Supervisor, Grade 113N, 18.805 hourly, in the Division of Facilities and Fleet Management, effective September 18, 2013. Dave Toombs, Fleet Systems Manager, Grade 116E, 10917.92 biweekly, in the Division of Facilities and Fleet Management, effective August 1, 2013. And ratifying the probationary sworn appointment of Samuel Murdoch, Police Lieutenant, grade 317E, 3025.14 biweekly in the Division of Police, effective August 18, 2013. Number 24, a resolution amending Section 1.102 of Appendix A, Rules and Procedures of the Lexington-Fayette Urban County Council to provide the date by which a draft of the following year's council calendar shall be presented to the Urban County Council for review and to provide for scheduled zone change hearing dates and amending Section 2.102 to – hang on just a second. Pardon me. Provide that the regularly scheduled meeting time for all standing committees except for the Budget and Finance Committee and one standing committee scheduled at 11 shall alternate each calendar year. Number 25. A resolution authorizing the Mayor on behalf of the urban county government to execute change order number one to the contract with Triton Services Incorporated for HVAC remediation for computer server room, increasing the contract time period by 15 days at no cost to the urban county government. Number 26, a resolution authorizing the mayor on behalf of the Urban County Government to execute Amendment Number 15 to the contract with Stantec Consulting Services Incorporated, formerly known as Intran PLC, formerly known as American Consulting Engineers PLC, for professional services for the Newtown Pike Extension Project, increasing the contract price by the sum of $560,509.88 from $8,944,391.51 to $9,504,901.39. Number 27. budget. Number 28, a resolution approving the Department of Social Services partner agency application scoring rubric and schedule for application review for the fiscal year 15 application process. Number 29, a resolution authorizing and directing the mayor on behalf of the urban county government to accept a grant from the U.S. Department of Justice Office on Violence Against Women, which grant funds are in the amount of $500,000 federal funds, are for the continuation of a safe havens project, the acceptance of which does not obligate the urban County Government for the expenditure of funds, authorizing the Mayor to transfer unencumbered funds within the grant budget, and authorizing the Mayor to execute an agreement with Sunflower Kids Incorporated for supervised visitation and monitored exchange services at a cost not to exceed $473,790. Number 30, a resolution authorizing the Mayor on behalf of the Urban County Government to execute an agreement with Benefit Insurance Marketing in order to comply with HIPAA regulations at no cost to the Urban County Government. Number 31. Number 33. A resolution authorizing and directing the mayor on behalf of the urban county government to execute Amendment No. 1 to the Grant Assistance Agreement with the Commonwealth of Kentucky Infrastructure Authority to provide for unexpended funds in the amount of $283,184.92 to be used to provide sanitary sewer service to underserved households in the unsewered area's Phase 2 project area, the acceptance of which does not obligate the urban county government for the expenditure of funds. Number 34, a resolution authorizing the mayor on behalf of the urban county government to execute a memorandum of agreement with the military police company Alpha for a rapid armed response unit for a security breach of weapons and or ammunition. Number 35, a resolution authorizing the mayor on behalf of the urban county government to execute change order number two to the contract with Oracle Elevator for Phoenix Police Headquarters Elevator Renovation, increasing the contract price by the sum of $1,667.60 from $571,072.31 to $572,739.91. Number 36, a resolution authorizing the mayor on behalf of the urban county government to execute an agreement with Lexington Humane Society and the Lexington Fayette Animal Care and Control for Animal Care in Disasters. Number 37, a resolution authorizing the mayor on behalf of the urban county government to execute a statement of affiliation with the Division of Fire and Emergency Services and Division of Emergency Management 911 for Emergency Services and Rescue Squad. Number 38, a resolution authorizing the Mayor on behalf of the Urban County Government to execute an agreement to renew the Senior Health Plan for City Employees Pension Fund with Humana Insurance Company effective for one year beginning January 1, 2014. Number 39, a resolution authorizing the Mayor on behalf of the Urban County Government to execute an agreement to renew the Senior Health Plan for Police and Fire Retirees with Humana Insurance Company, effective for one year beginning January 1, 2014. Number 40, a resolution authorizing the mayor on behalf of the Urban County Government to execute a site lease agreement with Powertel Memphis Incorporated for lease of 200 East Main Street Roof. Number 41, a resolution authorizing the mayor on behalf of the Urban County Government to execute modifications to agreements with the Kentucky Department of Military Affairs, Division of Emergency Management, for extension of the agreements for funds for the Chemical Stockpile Emergency Preparedness Program for fiscal year 2011 and fiscal year 2012 through September 30, 2014 at no cost to the urban county government. Number 42, a resolution authorizing the mayor on behalf of the urban county government to accept a donation from the Citizen Police Academy Alumni Association purchased from donated funds received from the Corvette Club of the Bluegrass and Bates Security of two canine protective vests for use at the Division of Police at no cost to the urban county government. Number 43, a resolution authorizing the mayor on behalf of the urban county government to execute a memorandum of agreement with the Bluegrass Community Foundation to provide funds for Friends of Kentucky Theater's improvements to the Kentucky Theater at a cost not to exceed $250,000. Number 44, a resolution authorizing and directing the mayor on behalf of the urban county government to execute and submit a grant application to the Lumina Foundation 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 $34,100 and are for a Latina education support project at the Family Care Center, the acceptance of which obligates the urban county government for the expenditure of $16,998 as a local match and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 45, a resolution authorizing and directing the mayor on behalf of the urban county government to execute and submit four grant applications to the Kentucky Transportation Cabinet and to provide any additional information requested in connection with these grant applications which grant funds are in the amount of $3,713,524 federal funds under the 2014 Transportation Alternatives Program and are for the Brighton Trail Bridge, $1,699,552, the West Loudoun Avenue Sidewalk Project, $498,400, the Town Branch Trail Phase 4, $806,656, and the West Hickman Trail South, $708,916. Number 46, a resolution authorizing the mayor on behalf of the urban county government to execute a lease agreement with FRM Lawson LLC for property located at 900 Enterprise Drive for relocation of Division of Water Quality Maintenance Operations for an initial term of 48 months with annual rent not to exceed $170,318.40. Number 47, a resolution authorizing and directing the mayor on behalf of the urban county government to execute and submit nine grant applications to the Kentucky Transportation Cabinet and to provide any additional information requested in connection with these grant applications, which grant funds are in the amount of $6,901,524 federal funds under the 2014 Congestion Mitigation Air Quality Program and are for the fiber optic cable installation project, $400,000, the compressed natural gas fueling station project, $1,258,400, the Pine Needles Lane and Manowar Boulevard Turn Lane, $221,600. The Mercer Road at Greendale Road, left turn lane, $627,200. The Manchester Street at South Forbes Road, left turn lane, $680,800. The Brighton Rail Trail Bridge, $1,699,552. The West Loudoun Avenue Sidewalk Project, $498,400. The Town Branch Trail Phase 4, $806,656. and the West Hickman Trail South $708,916. 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 Justice 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 $45,123 federal funds, are for continuation of the sexual assault nurse examiner program, the acceptance of which obligates the urban county government for the expenditure of $28,150 as a local match and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 49, a resolution authorizing and directing the mayor on behalf of the urban county government to execute a memorandum of understanding with the Kentucky Transportation Cabinet and the Lexington Community Land Trust for the transfer of property acquired for Phase I of the mitigation area of the Newtown Pike Extension Project from the Commonwealth to Lexington Fayette Urban County Government and from Lexington Fayette Urban County Government to the Lexington Community Land Trust. Number 50, a resolution authorizing the mayor on behalf of the Urban County Government to execute an agreement with Cumberland Hill Neighborhood Association, Inc., $275 for the Office of the Urban County Council at a cost not to exceed the sum as stated. And number 51, a resolution initiating for Planning Commission review and recommendation the rezoning of approximately 16.16 net acres of property located at 920 Citation Boulevard from a planned neighborhood residential R3 zone to an office, industry, and research park P2 zone. All right. Take a breath. Thank you, Madam Clerk. Council Member Beard, do you have a walk-on? No walk-on. I just want to suspend the rules of the night on resolution number 51 for second reading. Let me ask real quickly here before we go to suspensions. Council Member Lawless, do you have a motion or not? No? All right. Okay. All right. Okay, Council Member Beard. It's which number? Number 51. Number 51, second by Council Member Ellinger. Is there any discussion on the motion? All right. Then we can take a vote. All in favor, please say aye. This is number 51. Aye. Opposed, no. Motion carries. Council Member Lawless. Yes, I'd like to suspend the rules on number 49. It's the transfer of the property acquired for Phase 1 for the Community Land Trust and the Kentucky Department of Transportation. Thank you. Motion by Council Member Lawless, seconded by Vice Mayor Gordon. Is there any discussion on the motion? All right. Hearing none, we'll take a vote. All in favor, please say aye. Aye. Those no, motion carries. All right. Council Member Henson. Thank you, Mayor. I move to suspend the rules, give second reading number 23 at the request of the administration. Motion by Council Member Henson. Is there a second? Second. Seconded by Vice Mayor Gordon. Is there any discussion on the motion? Okay, hearing none, we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Vice Mayor Gordon. Thank you, Mayor. I move to suspend the rules and give second reading to number 42, which is the donation of protective vests for the canines, and number 43, which is the memorandum of agreement for the funds for the Kentucky Theater improvements. Motion by Vice Mayor Gordon, second by Council Member Lawless. Is there any discussion on the motion? Hearing none, we take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. That was for 42 and 43. Yes, sir. All right. Council Member Ford. Thank you, Mayor. I move to suspend the rules to get second reading to number 31, Neighborhood Development Fund. So move. Second. Motion by Council Member Ford. 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. That's all that I see signed on for suspensions for second reads. Mayor, number 22. Oh, yes, ma'am. Which is our standard conditional offer resolution. All right. This is number 22 is the conditional offers. Thank you, Glenda. Is Council Member Makanot? Aye. All right. Second. Motion by Council Member Lawless. second by Council Member Akers. Is there any discussion on the motion? Okay. All in favor, please say aye. Aye. Opposed, no. Motion carries. All right. Okay. Is that? All right. I have no one else signed on, and the administration has no other requests. I'm not seeing any. So then, Madam Clerk. You're ready. Resolution number 22, a resolution authorizing the Division of Human Resources to make a conditional offer to the following probationary civil service appointments. Christy Wilkinson, clerical assistant senior, grade 106 N, 13.089 hourly in the Division of Accounting, effective upon passage of counsel. Kenneth Smith, public service worker senior, grade 107 N, 11.845 hourly in the Division of Parks and Recreation, effective September 23, 2013. Robert Alexander, public service worker senior, grade 107 N, 12.083 hourly in the Division of Parks and Recreation, effective September 23, 2013. Stephen Gehafer, Nuisance Control Officer, Grade 111N, 18.174, hourly in the Division of Code Enforcement, effective upon passage of counsel. Carrie Bradford, Financial Coordinator, Grade 112N, 16.059, hourly in the Division of Grants and Special Programs, effective October 21, 2013. Clinton Votaw, Electrical Instrumentation Technician, Grade 113N, 25.672, hourly in the Division of Facilities and Fleet Management, effective upon passage of counsel. Gary Rothwell, Electrical Instrumentation Technician, Senior, Grade 114E, 1,876.64 biweekly in the Division of Facilities from Fleet Management, effective upon passage of council. Robin Moore, Golf Course Superintendent, Senior, Grade 116E, 1,950.16 biweekly in the Division of Parks and Recreation, effective upon passage of council. Authorizing the Division of Human Resources to make a conditional offer to the following unclassified civil service appointment. Kisane Lindsay Part-Time Child Care Program Aid, Grade 107N, $12 hourly in the Division of Youth Services, effective September 21, 2013. Number 23, a resolution ratifying the probationary civil service appointments of Joseph Kipp, Public Service Worker Senior, Grade 107N, 12.474 hourly in the Division of Parks and Recreation, effective September 23, 2013. James Kiker, Public Service Worker Senior, Grade 107N, 13.788, hourly in the Division of Parks and Recreation, effective September 23, 2013. Janet Davis, Administrative Specialist Senior, Grade 112N, 17.141, hourly in the Division of Human Resources, effective October 7, 2013. Sherrick Edmonds, Operations Manager, Grade 116E, 1,756.72, biweekly in the Division of Waste Management, effective upon passage of counsel. Russell Scott, Operations Manager, Grade 116E, 2159.68 biweekly in the Division of Waste Management, effective upon passage of council. Anthony Kelly, Operations Manager, Grade 116E, 2401.44 biweekly in the Division of Parks and Recreation, effective upon passage of council. Alan Hinkle, Computer Systems Manager Senior, Grade 120E, 331.76 biweekly in the Division of Computer Services, effective upon passage of council. Melissa Luker, Director of Budgeting, Grade 122E, 201861.12, biweekly in the Division of Budgeting, effective October 21, 2013. Ratifying the permanent civil service appointments of William Sinclair, Trade Supervisor, Grade 113N, 18.805 hourly in the Division of Facilities and Fleet Management, effective September 18, 2013. Dave Toombs, Fleet Systems Manager, Grade 116E, 201917.92, biweekly in the Division of Facilities and Fleet Management, effective August 1, 2013. and ratifying the probationary sworn appointment of Samuel Murdoch, police lieutenant, grade 317E, 3025.14 biweekly in the Division of Police, effective August 18, 2013. Number 31. A resolution authorizing the mayor on behalf of the Urban County Government to execute an agreement with Douglas Bearcats, Care of Bluegrass Aspendale Teen Center, $850. Salvation Army, $2,500. North Limestone Music Works, Care of Central Kentucky Youth Orchestra Society Incorporated, $625. Lighthouse Ministries, $675. The Friends of McConnell Springs, $500 for the Office of the Urban County Council at a cost not to exceed the sun's stated. Number 42. A resolution authorizing the mayor on behalf of the Urban County Government to accept a donation from the Citizen Police Academy Alumni Association purchased from donated funds received from the Corvette Club of the Bluegrass and Bates Security of two canine protective vests for use at the Division of Police at no cost to the Urban County Government. Number 43. A resolution authorizing the mayor on behalf of the Urban County Government to execute a memorandum of agreement with the Bluegrass Community Foundation to provide funds for Friends of Kentucky Theater's improvements to the Kentucky Theater at a cost not to exceed $250,000. Number 49, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a memorandum of understanding with the Kentucky Transportation Cabinet and the Lexington Community Land Trust for transfer of property acquired for Phase I of the mitigation area of the Newtown Pike Extension Project from the Commonwealth to Lexington Fayette Urban County Government and from Lexington Fayette Urban County Government to the Lexington Community Land Trust. And number 51, a resolution initiating for Planning Commission review and recommendation, the rezoning of approximately 16.16 net acres of property located at 920 Citation Boulevard from a planned neighborhood residential R3 zone to an office, industry, and research park P2 zone. All right. Thank you, Madam Clerk. Is there a motion? Motion approved. Second. Motion. Councilman Ellinger? Second by. Council Member Myers, is there any discussion on the motion? All right. Hearing none, then I'll ask the clerk to call the roll, please. Ms. Gutchfield? Yes. Mr. Stennett? Yes, ma'am. Ms. Akers? Yes. Mr. Beard? Aye. Mr. Clark? Yes. Mr. Ellinger? Yes. Mr. Farmer? Yes, ma'am. Mr. Ford? Yes. Ms. Gorton? Aye. Ms. Henson? Yes. Mr. Kay? Yes. Mr. Lane? Yes. Ms. Lawless? Yes. Ms. Massadi? Yes. And Mr. Myers? Yes, and I can't vote again. Thank you. Thanks. Gotcha. All right. Thank you, Madam Clerk. The vote reflects passage of the motion. And next on our agenda is communications from the mayor. Is there a motion to approve? No. Motion by Councilman Massadi, second by Councilman Myers. Myers, 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. Next is communications requiring for information only. We do have a police disciplinary item before the council tonight. And I'll introduce Commander John Gensheimer. Commander? Yes, this concerns an allegation from Thursday, July 11, 2013, against Officer Donald J. Williams, employee number 25810. The allegation is that he violated General Order 73-2H, our operational rule, Section 1.02, Misconduct. At the conclusion of that investigation, the employee met with Chief Ronnie Bastin and has accepted 40 hours suspension without pay. This recommended discipline has been approved by Public Safety Commissioner Mason. Move approval. Aye. Motion by Vice Mayor Gorton, seconded by Council Member Myers. 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, Commander. Thank you. And the floor is available for public comments. Bernard, Mr. McCarthy. For the record, my name is Bernard McCarthy. My address is 515 Harry Street. Your Honor and members of the Council, first of all, thank you for the progress towards building the rest of Newtown Extension. Second, I do think that this government should charge impact fees on all building permits in Fayette County. and this, especially in the light of things that have happened where you've been unable to make a single developer pay for a bridge that's needed to carry a collector's street across a waterway on grounds that that bridge would be too much for one developer to pay for. Well, if you collected impact fees on each house built in, say, three or four developments all around, You wouldn't put all the cost burden on one guy. You just have to make the one developer provide right away across the creek and make him pave the road, the street, as far as the edge of the floodplain on both sides, take what you collect in impact fees from surrounding developments, and use that to come back and build a bridge when you get enough. And finally, I did notice something on your agenda about buying a natural gas refueling station. I hope this means you're going to be having more of this government's vehicles run on natural gas instead of gasoline or diesel. I think that to run more vehicles on natural gas would be a great improvement over trying to export the natural gas while continuing to import oil, simply because it saves the cost of whatever fuel would be powering the ships in both directions out on the ocean. All right. Thank you, Mr. McCarthy. All right. Council Member Ford. Yes, Mayor. I have a quick announcement. We skipped over announcements real quickly. Council members, this will be very, very quick. I have two quick announcements as they pertain to the Lyric Theater. This month, I have the fortune on my council comment to have an interview with the interim director, Rashida El-Amin, who's doing a great job over at the Lyric. A lot of interesting things going on. And October marks. It's been three years since the Lyric reopened. and next Friday, October 18th at 7.30, is going to be a special concert. It's going to be the homecoming of sorts for jazz musician Les McCann. And Council Member Clark may be more familiar with his work than perhaps I am. But I'm definitely looking forward to being there. I understand that Les is, Mr. McCann, is a legend in his own right. And we're fortunate that Lexington's Lyric can bring back somebody of his caliber. He's going to be performing with the Javon, as a special guest, of the Javon Jackson Band. Again, if you guys have opportunity to come out, we hope the community comes out in support. Thank you, Mayor. Thank you, Council Member Ford. Council Member Lawless. Thank you, Mayor. Just briefly, of course, there's always a lot going on in the 3rd District, but I want to do a special shout-out to Greg LeBeck from Water Quality. I was asked to meet with some neighbors at the end of Goodrich who were working on a grant yesterday at 5.30, and the request came in on Monday with a lot of questions. And so I called Mr. LeBeck at 4 o'clock on Wednesday afternoon, and he agreed to meet me there at 5.30. yesterday afternoon, and we were there for a couple of hours. And so a shout-out to him. And another shout-out to Streets and Roads, Jim Woods, Jeff Neal, Kevin Wente. The list is long. I don't want to leave anybody out, but they have really been on top of things with parking and different traffic issues. So I just want to say I appreciate our employees, and I just wanted to give a little special shout-out. Thank you. Thank you, Council Member Lawless. Council Member Kaye. Thank you, Mayor. I just wanted to follow up on what Council Member Ford has already told us. It is really exciting to see the lyric now being used more. It's a great asset to the community. And for those of you who don't know your jazz history, Les McCann is a giant in the field. He's a native son. This is going to be a very special concert. So if you can, come over to the lyric and help us celebrate. Thank you, Mayor. Thank you, Council Member Kay. I'll ditto and say I've been hearing the same really, really good stuff. Vice Mayor Gordon. Thank you, Mayor. Just to remind Councilmembers to put on your calendars our Committee of the Whole Fund Balance discussion for 2 o'clock Tuesday, October 15th, and to thank Councilmember Beard for having the Committee of the Whole Economic Development from 1 o'clock to 2 o'clock. Thank you. All right. Thank you, Councilmember Gordon. looks like no one else has signed up to speak so chair will entertain a motion to adjourn motion and a second is there any objection hearing none then we are adjourned