# Urban County Council Meeting - October 24, 2013 > Auto-transcribed civic record · October 24, 2013 - **Permalink**: https://meetings.lexingtonky.news/meeting/3155 - **Source video**: https://lfucg.granicus.com/player/clip/3155?view_id=14&redirect=true - **Date**: 2013-10-24 - **Last revised**: July 15, 2026 - **Length**: 8,741 words > ⚠️ **Auto-generated content.** Audio from the official Granicus video was auto-transcribed with OpenAI's open-source Whisper large-v3-turbo model, run locally by The Lexington Times. Structured facts were extracted with GPT-4o; the narrative summary was written by Anthropic Claude. Verbatim wording may contain errors. See [methodology](https://meetings.lexingtonky.news/about/methodology) or [report a correction](mailto:editor@lexingtonky.news). --- ## Meeting Overview The Lexington-Fayette Urban County Council held a regular meeting on October 24, 2013, at 6:00 p.m., presided over by Mayor Gray. The meeting took place in the Council Chambers at 200 E. Main Street, Lexington, Kentucky 40507. During the session, the Council addressed a full agenda consisting of 10 items. The meeting included standard procedural matters such as roll call and an invocation, followed by approval of minutes from previous meetings. The Council approved ordinances on second reading and resolutions on second reading, while also considering ordinances and resolutions on first reading for future consideration. Additionally, the Council received communications from the Mayor and heard announcements. The Council took a total of 58 motions and votes throughout the meeting. Two members of the public provided comments during the public comment period. The meeting followed the standard legislative calendar with items progressing through multiple readings as required by Council procedures. ## Attendance **Present:** Stinnett, Akers, Clark, Ellinger, Farmer, Ford, Gorton, Henson, Kay, Lane, Lawless, Massadi, Myers, and Scutchfield **Absent:** Beard **Late:** None ## Votes and Decisions The council passed multiple ordinances and resolutions during this meeting, with most votes unanimous or near-unanimous. **Ordinances** Three ordinances creating and modifying positions passed unanimously [timestamp: 0:07:13]: - **Ordinance 0991-13** created one Personal Protective Equipment Manager position (Grade 114N) in the Division of Fire and Emergency Services. Motion by Ellinger, second by Myers. Vote: 14-0. - **Ordinance 1018-13** abolished one Police Captain position (Grade 318E) and created one Police Lieutenant position (Grade 317E) in the Division of Police. Motion by Ellinger, second by Myers. Vote: 14-0. - **Ordinance 1071-13** abolished one Administrative Officer position (Grade 118E) and created one Administrative Officer Senior position (Grade 120E) in the Department of Planning, Preservation and Development. Motion by Ellinger, second by Myers. Vote: 14-0. - **Ordinance 1116-13** amended budgets to reflect current municipal expenditure requirements and appropriated funds via Schedule No. 19. Motion by Ellinger, second by Myers. Vote: 14-0. - **Ordinance 1134-13** amended the Zoning Ordinance to define Adult Day Care Centers and Day Shelters and regulate them as principal or conditional uses in specified zones. Motion by Henson, second by Ford [timestamp: 0:14:21]. Vote: 13-0. **Resolutions** **Resolution 1040-13**, which proposed amending Council Rules and Procedures regarding the calendar and committee meeting times, **failed** [timestamp: 0:24:16]. Motion by Gorton, second by Myers. Vote: 5-8. Those voting in favor were Akers, Ellinger, Ford, Kay, and Myers. Those voting against were Stinnett, Clark, Farmer, Gorton, Henson, Lane, Lawless, and Massadi. The council passed 39 additional resolutions unanimously or near-unanimously, addressing matters including bid acceptances, contract authorizations, grant applications, property transfers, easement releases, and personnel appointments. Most passed with 13 votes in favor and no opposition [timestamp: 0:24:16 and 0:48:57]. ## Budget and Financial Actions The meeting approved multiple financial actions across capital projects, grants, and service contracts: **Contract Amendments and Agreements** - Resolution 1035-13: $560,509.88 amendment to Stantec Consulting Services, Inc. contract for the Newtown Pike Extension Project - Resolution 1132-13: $1,954,000 Supplemental Agreement No. 5 with Kentucky Transportation Cabinet for utility relocation on the Todds/Liberty Road Improvement Project - Resolution 1139-13: $300,000 Supplemental Agreement No. 1 with Kentucky Transportation Cabinet for Legacy Trail Enhancements Project **Federal and State Grants Received** - Resolution 1037-13: $300,000 grant from U.S. Department of Justice, Office on Violence Against Women, for domestic violence accountability project - Resolution 1050-13: $500,000 grant from U.S. Department of Justice, Office on Violence Against Women, for Safe Havens Project - Resolution 1088-13: $34,100 grant from Lumina Foundation for Latina Education Support Project at Family Care Center **Grant Applications Submitted** - Resolution 1089-13: $3,713,524 application to Kentucky Transportation Cabinet under 2014 Transportation Alternatives Program - Resolution 1091-13: $6,901,524 application to Kentucky Transportation Cabinet under 2014 CMAQ Program - Resolution 1092-13: $45,123 application to Kentucky Justice Cabinet for SANE Program - Resolution 1134-13: $940,000 and $1,040,000 applications to Kentucky Transportation Cabinet under Transportation Alternatives Program for Old Frankfort Pike enhancements and 4th Street Corridor Project **Service Contracts and Purchases** - Resolution 1036-13: $26,015 Software Maintenance Agreement with NetMotion Wireless, Inc. for mobile data computer licenses - Resolution 1090-13: $170,318.40 lease agreement with FRM Lawson LLC for property at 900 Enterprise Dr. - Resolution 1114-13: $44,541.25 purchase of emergency outdoor warning sirens from Federal Signal Safety and Security Systems - Resolution 1095-13: $49,698 agreement with czb, LLC to develop a Comprehensive Affordable Housing Strategy - Resolution 1140-13: $995,237 agreement with Lagco, Inc. for Anniston/Wickland Capital Storm Sewer Improvements Phase 3 - Resolution 1127-13: $40,329.87 agreement with Kenvirons, Inc. for engineering work on Haley Pike Landfill Closure, Phase 4 - Resolution 1050-13: $473,790 agreement with Sunflower Kids, Inc. for supervised visitation and monitored exchange services Additional contracts were approved with various vendors and organizations for services including background investigation databases, neighborhood associations, and animal care disaster response, among others. ## Public Comment Two members of the public provided comments during the meeting. **Bill Wheeler** [timestamp: 0:57:54] addressed accountability of economic development funds. He requested detailed statements outlining expected results and measurable factors for economic development spending. Wheeler also called for a clear timeline to ensure accountability of these funds, emphasizing the importance of transparency and public trust. **Bernard McCarthy** [timestamp: 1:01:14] commented on the proposed traffic signal at the Reynolds Road-Wellington Way roundabout. McCarthy opposed the installation of traffic signals at this location, arguing that doing so would defeat the purpose of the roundabout. He recommended physical widening of the roundabout as an alternative approach to improve safety. ## Appointments The following appointments were made during this meeting: * **Tamara Fagley** was appointed to the Ethics Commission * **Helen Kendall** was appointed to the Ethics Commission ## Contested Items **Zoning Ordinance 1136-13** Council Member Palmer raised a procedural concern regarding Zoning Ordinance 1136-13, questioning whether the ordinance should have been docketed without first undergoing committee review. Palmer requested that the ordinance be tabled until the next meeting to allow for proper committee consideration before proceeding to a full council vote. **Resolution 1040-13 (Rules and Procedures)** Resolution 1040-13, which addressed rules and procedures, became a point of significant disagreement among council members. The resolution failed to pass, receiving 5 votes in favor and 8 votes against. The split vote demonstrated substantial division within the council regarding the proposed procedural changes contained in the resolution. ## Roll Call Council members were called to roll at the beginning of the meeting [timestamp: 0:00]. Council Member Beard was absent. ## Invocation Pastor Steve Elliott of First Alliance Church delivered the invocation for the meeting [timestamp: 00:01:19]. During his remarks, Pastor Elliott prayed for wisdom and fairness in the Council's service. ## Minutes of the Previous Meetings The Council reviewed and approved the minutes from the September 17, 2013 Council meeting. [timestamp: 00:05:36] Key speakers on this agenda item included Stinnett and Akers. The minutes were approved by unanimous vote. ## Ordinances – Second Reading [timestamp: 06:08] Four ordinances were presented for second reading and approved during this portion of the meeting. The ordinances addressed personnel changes and administrative matters across multiple city departments. Specifically, the measures included personnel changes within the Fire and Police departments, a budget amendment, and a reclassification of a traffic engineer position. Key speakers on this agenda item were Ellinger and Myers. The ordinances were discussed and moved forward without noted objections. **Outcome:** All four ordinances were approved. ## Ordinances – First Reading [timestamp: 08:15] Several ordinances were introduced for first reading during this portion of the meeting. The items under consideration included zoning changes, personnel reclassifications, and budget adjustments. Key speakers during this discussion included Henson, Ford, and Farmer. One ordinance was amended during the discussion, with the word "conditional" removed from its title. Following this amendment, that ordinance was approved. The items proceeded through first reading, the initial step in the ordinance adoption process. ## Resolutions – Second Reading [timestamp: 00:15:23] Multiple resolutions were considered during the second reading portion of the meeting. The resolutions addressed various municipal contracts and grant applications. **Approved Resolutions** Several resolutions received approval, including: - A resolution for roof repairs contract - A resolution for HVAC remediation work - A resolution for a grant application related to transportation projects - A resolution for a grant application related to social services projects **Failed Resolution** One resolution to amend council rules did not pass during this agenda item. **Key Speakers** Gorton and Myers were the primary speakers during discussion of the resolutions. **Outcome** The majority of resolutions presented were approved. The resolution to amend council rules was not approved. ## Resolutions – First Reading [timestamp: 27:05] Several resolutions were introduced for first reading during this portion of the meeting. The resolutions under consideration included bids for defibrillators, trophies, and storm sewer improvements. Key speakers on this agenda item included Stinnett and Farmer, who presented and discussed the various resolutions. The resolutions were introduced in their first reading as part of the standard legislative process. Following the initial presentation, the resolutions were subsequently approved after a suspension of the rules was enacted, allowing them to move forward without completing the full standard reading cycle. ## Communications from the Mayor [timestamp: 27:05] Mayor Gray presented communications regarding personnel matters involving a telecommunicator. The Mayor communicated temporary appointments and the reinstatement of a telecommunicator. This item was presented for informational purposes and required no vote from the council. ## Announcements [timestamp: 49:59] Council Member Farmer provided several announcements during this portion of the meeting. **Stream Cleanup Event** Council Member Farmer announced an upcoming stream cleanup event, though specific dates and details were not provided in the available information. **Leaf Collection Delay** A delay in leaf collection was announced to the council and public. **City Staff Recognition** Council Member Farmer praised city staff for their work on manhole adjustments. This agenda item was informational in nature, with no formal action or debate recorded. ## Public Comments Two public comments were presented during this portion of the meeting [timestamp: 0:57:54]. **Speakers and Topics** Bill Wheeler and Bernard McCarthy each addressed the body with separate concerns. Wheeler raised a comment regarding accountability of economic development funds, bringing attention to how such funds are being managed and overseen. McCarthy addressed traffic signalization at a roundabout, raising concerns or observations about the traffic control systems in place at that location. **Outcome** This agenda item was informational in nature, with no formal action taken on the comments received. --- ## Decisions - **Ordinance 0991-13** — passed (14-0): Amending Section 21-5(2) of the Code of Ordinances to create one position of Personal Protective Equipment Manager, Grade 114N, in the Div. of Fire and Emergency Services, appropriating funds via Schedule No. 17 - **Ordinance 1018-13** — passed (14-0): Amending Section 23-5(2) of the Code of Ordinances to abolish one Police Captain, Grade 318E, and create one Police Lieutenant, Grade 317E, in the Div. of Police, appropriating funds via Schedule No. 18 - **Ordinance 1071-13** — passed (14-0): Amending Section 21-5(2) of the Code of Ordinances to abolish one Administrative Officer, Grade 118E, and create one Administrative Officer Senior, Grade 120E, in the Dept. of Planning, Preservation and Development, appropriating funds via Schedule No. 21 - **Ordinance 1116-13** — passed (14-0): Amending certain budgets of the Lexington-Fayette Urban County Government to reflect current requirements for municipal expenditures, and appropriating and re-appropriating funds via Schedule No. 19 - **Ordinance 1134-13** — passed (13-0): Amending Article 1 and Article 8 of the Zoning Ordinance to define Adult Day Care Center and Day Shelter and regulate such facilities as principal or conditional uses in P-1, B-1, B-2, B-2A, and P-2 zones - **Resolution 1040-13** — failed (5-8): Amending Section 1.102 of Appendix A, Rules and Procedures of the Lexington-Fayette Urban County Council, to provide date for draft of next year’s Council calendar and scheduled zone change hearing dates, and amending Section 2.102 to alternate meeting times for standing committees - **Resolution 0992-13** — passed (13-0): Accepting bids of Tri-State Roofing and Sheet Metal Co. of Ky. and Bri-Den Company, Inc., for roof repairs and maintenance - supplemental, for the Div. of Facilities and Fleet Management - **Resolution 1025-13** — passed (13-0): Authorizing the Mayor to execute Change Order No. 1 to contract with Triton Services, Inc. for HVAC remediation for computer server room, increasing contract time by 15 days at no cost - **Resolution 1035-13** — passed (13-0): Authorizing the Mayor to execute Amendment No. 15 to contract with Stantec Consulting Services, Inc. for Newtown Pike Extension Project, increasing contract price by $560,509.88 - **Resolution 1037-13** — passed (13-0): Authorizing and directing the Mayor to accept a $300,000 federal grant from the U.S. Dept. of Justice, Office on Violence Against Women, for domestic violence accountability project - **Resolution 1043-13** — passed (13-0): Approving the Dept. of Social Services’ Partner Agency Application, Scoring Rubric, and Schedule for FY15 Application Process - **Resolution 1050-13** — passed (13-0): Authorizing and directing the Mayor to accept a $500,000 federal grant from the U.S. Dept. of Justice, Office on Violence Against Women, for Safe Havens Project, and to execute agreement with Sunflower Kids, Inc. - **Resolution 1059-13** — passed (13-0): Authorizing the Mayor to execute an agreement with Benefit Insurance Marketing to comply with HIPAA regulations at no cost - **Resolution 1036-13** — passed (13-0): Authorizing the Mayor to execute a Software Maintenance Agreement with NetMotion Wireless, Inc., for mobile data computer licenses at up to $26,015 - **Resolution 1063-13** — passed (13-0): Authorizing the Mayor to execute Amendment No. 1 to Grant Assistance Agreement with Commonwealth of Ky. Infrastructure Authority, using $283,184.92 for sanitary sewer service in Unsewered Areas Phase II - **Resolution 1067-13** — passed (13-0): Authorizing the Mayor to execute a Memorandum of Agreement with Military Police Company Alpha for rapid armed response unit for security breach of weapons/ammo - **Resolution 1068-13** — passed (13-0): Authorizing the Mayor to execute Change Order No. 2 to contract with Oracle Elevator for Phoenix/Police HQ Elevator Renovation, increasing price by $1,667.60 - **Resolution 1069-13** — passed (13-0): Authorizing the Mayor to execute an agreement with Lexington Humane Society and Lexington Fayette Animal Care and Control for animal care in disasters - **Resolution 1070-13** — passed (13-0): Authorizing the Mayor to execute a Statement of Affiliation with Div. of Fire and Emergency Services and Div. of Emergency Management/911 for emergency services and rescue squad - **Resolution 1072-13** — passed (13-0): Authorizing the Mayor to execute an agreement to renew Senior Health Plan for City Employees Pension Fund with Humana Insurance Co. for one year beginning Jan. 1, 2014 - **Resolution 1073-13** — passed (13-0): Authorizing the Mayor to execute an agreement to renew Senior Health Plan for Police and Fire Retirees with Humana Insurance Co. for one year beginning Jan. 1, 2014 - **Resolution 1077-13** — passed (13-0): Authorizing the Mayor to execute a Site Lease Agreement with Powertel/Memphis Inc. for lease of 200 East Main St. Roof - **Resolution 1084-13** — passed (13-0): Authorizing the Mayor to execute modifications to agreements with Ky. Dept. of Military Affairs, Div. of Emergency Management, for extension of CSEPP agreements for FY 2011 and FY 2012 through Sept. 30, 2014, at no cost - **Resolution 1088-13** — passed (13-0): Authorizing and directing the Mayor to submit a grant application to the Lumina Foundation for $34,100 for Latina Education Support Project at Family Care Center, with $16,998 local match obligation - **Resolution 1089-13** — passed (13-0): Authorizing and directing the Mayor to submit four grant applications to Ky. Transportation Cabinet for $3,713,524 under 2014 Transportation Alternatives Program for Brighton Trail Bridge, West Loudon Ave. Sidewalk, Town Branch Trail Phase 4, and West Hickman Trail South - **Resolution 1090-13** — passed (13-0): Authorizing the Mayor to execute a lease agreement with FRM Lawson LLC for property at 900 Enterprise Dr. for relocation of Div. of Water Quality Maintenance Operations, 48-month term, annual rent not to exceed $170,318.40 - **Resolution 1091-13** — passed (13-0): Authorizing and directing the Mayor to submit nine grant applications to Ky. Transportation Cabinet for $6,901,524 under 2014 CMAQ Program for Fiber Optic Cable, CNG Fueling Station, Turn Lanes, Brighton Rail Trail Bridge, West Loudon Ave. Sidewalk, Town Branch Trail Phase 4, and West Hickman Trail South - **Resolution 1092-13** — passed (13-0): Authorizing and directing the Mayor to submit a grant application to Ky. Justice Cabinet for $45,123 for continuation of SANE Program, with $28,150 local match obligation - **Resolution 1040-13** — passed (13-0): Authorizing the Mayor to execute an agreement with Cumberland Hill Neighborhood Association, Inc. ($275) for the Office of the Urban County Council - **Resolution 1140-13** — passed (13-0): Accepting bid of Lagco, Inc. for $995,237 for Anniston/Wickland Capital Storm Sewer Improvements Phase 3, and authorizing the Mayor to execute agreement with Lagco, Inc. - **Resolution 1154-13** — passed (13-0): Authorizing the Div. of Human Resources to make conditional offers for probationary and unclassified civil service appointments, including Eric Eason, Gaston Ngandu Sankayi, Juan Jackson, Elisabeth Johnson, Fidele Nsonguh Tibouo, and Matthew Galati - **Resolution 1155-13** — passed (13-0): Ratifying probationary and permanent civil service appointments, including Brittany West, Pam Whitaker, Dan James, Tiffany Compton, Chris Taylor, Paula Williams, Kenneth Brown, Kenneth Raglin, and Myra Campbell’s approved leave, and ratifying unclassified appointment of Jenifer Benningfield - **Resolution 1103-13** — first_reading (13-0): Accepting bid of Zoll Medical Corp. for price contract for monitor defibrillators for Div. of Fire and Emergency Services - **Resolution 1119-13** — first_reading (13-0): Accepting bid of Trophy Center for price contract for trophies, plaques, and silver for Div. of Parks and Recreation - **Resolution 1153-13** — first_reading (13-0): Accepting bids of Baumann Paper Co., Inc. and Lexington Food Service, Inc. for price contracts for concession products for Div. of Parks and Recreation - **Resolution 1157-13** — first_reading (13-0): Accepting bid of Craig’s Firearm Supply, Inc. for price contract for patrol rifles for Div. of Police - **Resolution 1158-13** — first_reading (13-0): Accepting bids of Bluegrass Uniforms and Equipment, Ky. Uniforms, Inc., and National Workwear for price contracts for work shoes for various departments - **Resolution 1100-13** — passed (13-0): Authorizing the Mayor to execute documents to transfer properties at 509 Chestnut St. and 438 Ohio St. to Fayette County Local Development Corp. for rental housing for low-income households - **Resolution 1108-13** — passed (13-0): Changing street names and address numbers in the Chippendale and Bridlewood areas, including 100 Chippendale Ct. to 103 Chippendale Ct., and 625 South Cleveland Rd. to 6625 Leanne Ln. - **Resolution 1126-13** — passed (13-0): Authorizing the Mayor to execute agreements with LexArts, Inc. ($2,275), William Wells Brown Neighborhood Association, Inc. ($350), Lexington Bicycle Polo League, Inc. ($1,850), and Friends of McConnell Springs, Inc. ($525) for the Office of the Urban County Council - **Resolution 1144-13** — passed (13-0): Authorizing the Dept. of Law to institute condemnation proceedings for permanent sanitary sewer and temporary construction easements at 3973 Tatton Place, 3785 Branham Park, 3805 Branham Park, 3825 Branham Park, 3856 Branham Park, 3896 Branham Park, 3952 Branham Park, and 3997 Branham Park for Blue Sky Pump Station and Force Main Project - **Resolution 1145-13** — passed (13-0): Authorizing the Dept. of Law to institute condemnation proceedings for permanent sanitary sewer and temporary construction easements at 376 Bob-O-Link Dr. for Bob-O-Link Sanitary Sewer Improvements Project - **Resolution 1095-13** — passed (13-0): Accepting response of czb, LLC to RFP No. 26-2013 and authorizing the Mayor to execute agreement to develop a Comprehensive Affordable Housing Strategy at up to $49,698 - **Resolution 1024-13** — passed (13-0): Authorizing the Mayor to execute a release of easement, releasing a temporary drainage easement on property at 225 Ruccio Way - **Resolution 1149-13** — passed (13-0): Authorizing the Mayor to execute agreements with Lexington Bicycle Polo League ($150) and Highland Neighborhood Association ($300) for the Office of the Urban County Council - **Resolution 1114-13** — passed (13-0): Authorizing the Div. of Emergency Management/911 to purchase emergency outdoor warning sirens from Federal Signal Safety and Security Systems, a sole source provider, at up to $44,541.25 - **Resolution 1118-13** — passed (13-0): Authorizing the Mayor to execute a partial release of easement, releasing a portion of a utility easement on property at 806 and 810 Lochmere Place - **Resolution 1127-13** — passed (13-0): Authorizing the Div. of Waste Management to execute a purchase order with Kenvirons, Inc. for additional engineering work and document preparation for Haley Pike Landfill Closure, Phase 4, at up to $40,329.87 - **Resolution 1130-13** — passed (13-0): Authorizing the Mayor to execute a contract with West Co., CLEAR Services, a division of Thomson Reuters, for background investigation database at up to $4,944 - **Resolution 1132-13** — passed (13-0): Authorizing and directing the Mayor to execute Supplemental Agreement No. 5 with Ky. Transportation Cabinet for $1,954,000 additional funds for utility relocation on Todds/Liberty Road Improvement Project, no obligation to expend - **Resolution 1139-13** — passed (13-0): Authorizing and directing the Mayor to execute Supplemental Agreement No. 1 with Ky. Transportation Cabinet for $300,000 additional federal funds for Legacy Trail Enhancements Project, with $75,000 local match obligation - **Resolution 1169-13** — passed (13-0): Authorizing the Div. of Traffic Engineering to install multi-way stop controls at intersection of Southpoint Dr. and Grey Oak Ln. under Code of Ordinances Section 18-86 - **Resolution 1134-13** — passed (13-0): Authorizing and directing the Mayor to submit a grant application to Ky. Transportation Cabinet for $940,000 under Transportation Alternatives Program for enhancements to Old Frankfort Pike - **Resolution 1134-13** — passed (13-0): Authorizing and directing the Mayor to submit a grant application to Ky. Transportation Cabinet for $1,040,000 under Transportation Alternatives Program for the 4th Street Corridor Project - **Resolution 1134-13** — passed (13-0): Authorizing and directing the Mayor to execute and submit a grant application to Ky. Transportation Cabinet for $940,000 under Transportation Alternatives Program for enhancements to Old Frankfort Pike - **Resolution 1134-13** — passed (13-0): Authorizing and directing the Mayor to execute and submit a grant application to Ky. Transportation Cabinet for $1,040,000 under Transportation Alternatives Program for the 4th Street Corridor Project - **Resolution 1134-13** — passed (13-0): Authorizing and directing the Mayor to execute and submit a grant application to Ky. Transportation Cabinet for $940,000 under Transportation Alternatives Program for enhancements to Old Frankfort Pike - **Resolution 1134-13** — passed (13-0): Authorizing and directing the Mayor to execute and submit a grant application to Ky. Transportation Cabinet for $1,040,000 under Transportation Alternatives Program for the 4th Street Corridor Project --- ## Full transcript Welcome, everybody. Thank you, Wes. Welcome, everyone, and welcome to a meeting of the Lexington-Fayette Urban County Council. And first on our agenda is a roll call. Madam Clerk, when you're ready, please call the roll. Mr. Stennett? Yes, ma'am. Ms. Akers? Yes. Mr. Beard? Mr. Clark? Here. Mr. Ellinger? Here. Mr. Farmer? Yes, ma'am. Mr. Ford? Here. Ms. Gorton? Here. Ms. Henson? Here. Mr. Kay? Here. Mr. Lane? Here. Ms. Lawless? Here. Ms. Massadi? Here. Mr. Myers? Here. And Ms. Gutchfield? Ms. Gutchfield? Here. Thank you. Thank you, Madam Clerk. All right. Tonight it's my pleasure to introduce Pastor Steve Elliott with First Alliance Church, who will provide us with our invocation tonight. Pastor, thanks for joining us. Thanks so much. Pastor Elliott responded to the letter that we sent out to the clergy in our city, and we thank him so much. Bless you. Let me pray for you. Kind Father, somewhere in this very moment, a family sitting around after dinner laughing and talking about their day. Somewhere in this moment, a young woman is heading out the door to join some friends for a movie. And somewhere in this moment, a busy student writing the last lines of a paper or answering the last email of their day is looking forward to watching the World Series tonight. Ah, somewhere. But not here. Here tonight are people who will be serving this city, serving its best good and its best welfare, as well as serving a greater will that looks for them to lead with fairness and justice, compassion, thoughtfulness, and equity. So I pray that these folks will be leaders who understand their times and know what it is that they should do. I pray that they would have wisdom beyond their experience to lead against the common cultural currents of apathy and political cynicism. And I pray that you would affirm with them that their work really does matter. even when it costs them time with family or friends or a peaceful evening at home alone with a good book. And I ask all this in your son's strong name, the name of Jesus. Amen. Bless you and have good night. Pastor, thank you so much for those carefully carved words and prayers. Thank you. Excuse me. All right. Tonight the Council will be going into a closed session for those who are here as visitors, and that will come at the beginning of our meeting. And so that would occur now if I get a motion. All right. Vice Mayor Gordon. Thank you, Mayor. I move that we go into closed session pursuant to KRS 61.810.1C for the purpose of discussing pending litigation. It's a motion by Vice Mayor Gordon, second by Council Member Scotchfield. Is there any discussion on the motion? All right. Hearing none, then unless there is objection, we will enter closed session, and I guess we'll go back here. All right. We don't have to clear. Those of you who are here, Council has chambers that it will repair into, so you may stay here if you choose. One, two, three, four. One, two, three, four. No. Nope. Nope. We got a quorum. We need ten. Just trying to get a quorum. Well, they're close. They're coming back. I know where they were. Three more. Four. Ten. All right. Is there a motion to return to open session? Motion by Council Member Scotchfield, second by Council Member Kaye. Unless there's an objection, we will return to open session. and move on with the agenda, which is the, I'll ask for a motion to approve the September 17, 2013 minutes of the council meeting. Is there a motion? Motion by Council Member Stennett. Is there a second? Second. Second by Council Member Akers. Is there any discussion on the motion? All in favor of the motion, please say aye. Aye. Opposed, no. Motion carries. Move on to item Roman numeral 4, which is a second reading of ordinances. Madam Clerk, will you please read the ordinances when you are ready? Thank you. Ordinance number 1, 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 number 17, effective upon passage of counsel. Number 2, 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 three, 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 Number 21, effective upon passage of council. And number four, an ordinance amending certain of the budgets of the Lexington Fayette Urban County Government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds, Schedule Number 19. Thank you, Madam Clerk. Move approval. Second. Motion by Council Member Ellinger. Second by Council Member Myers. Is there any discussion on the motion? All right. Hearing none, then Madam Clerk, please call the roll. Mr. Stenet? Mr. Stenet? Yes, ma'am. Ms. Akers? Yes, ma'am. Mr. Beard is absent. Mr. Clark? Yes. Mr. Ellinger? Yes. Mr. Farmer? Yes, ma'am. Mr. Ford? Yes. Ms. Gordon? Aye. Ms. Henson? Yes. Mr. Kay? Yes. Mr. Lane? Yes. Ms. Lawless? Yes. Ms. Massadi? Yes. Mr. Myers? Yes. And Ms. Scutchfield? Yes. Thank you. Thank you, Madam Clerk. The vote reflects passage of the motion. It means we can go on to the next on our agenda, which is the first reading of ordinances. Madam Clerk, when you're ready. I think ordinance number 10 will get an amendment. All right. Thank you. All right. An ordinance changing the zone from a high-density apartment R4 zone with conditional zoning restrictions to a high-density apartment R4 zone with modified conditional zoning restrictions for 0.978 net, 1.108 gross acres for property located at 1167 Appian Crossing Way, Harrods Club, LLC, Council District 8. Number six, an ordinance changing the zone from a light industrial I-1 zone to a highway service business B-3 zone for 1.491 net, 1.929 gross acres for property located at 2601 and 2617 Regency Road, CNR Asphalt Land Acquisition Company, LLC, Council District 10. Number seven, an ordinance amending. Madam Clerk, just a second. Council Member Palmer has a motion related to number seven. Council Member Palmer. First, I want to thank Council Member Lawless for drawing this to my attention. And this, I believe, is part of the so-called B-1 ZODA update that the Planning Committee and the Planning Commission have gone back and forth on. And I'm wondering how this got docketed without it coming back through committee. And I would just like to table it until our next meeting just to make sure. Do you have an end? I'm sorry. All right. We docketed it Tuesday. It came through in the packet of zone changes and ZODAs. And that's when we talked about the fact that the Planning Commission had changed it. Well, I see that part. And I'm sorry I wasn't here Tuesday for this discussion. I'm sorry to take Carol's time about it now. But it was a larger package of legislation that I thought we would take in an omnibus fashion. However, this is one of the things that we had sanctioned at that time. I'll make no motion, but we may come back to it another time. I'm sorry to interrupt the meeting. No, that's fine. Democratic process. Yeah. All right. Madam Clerk, you may continue on number seven. Ordnance number seven and ordinance amending articles one, eight, and 12 of the zoning ordinance to modify the use of tattoo parlors and rehabilitation homes in the neighborhood business B1 zone, Urban County Planning Commission. Number 8, 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 Number 23, effective retroactive to September 23, 2013. Number 9, an ordinance amending Section 2252 of the Code of Ordinances abolishing one position of attorney, Grade 117E and amending Section 2152 of the Code of Ordinances, creating one position of attorney, Grade 117E, both in the Department of Law and appropriating funds pursuant to Schedule No. 20, effective November 1, 2013. I believe there's a motion on No. 10. There's a motion on No. 10. Council Member Henson. Thank you, Mayor. I move to amend Item No. 10 under first reading of ordinances to regulate adult daycare centers and day shelters in the B1, B2, B2A, P1, and P2 zones to remove the word conditional from the title and assign the uses as principal or conditional uses in the stated zones. So moved. Motion by Council Member Henson, second by Council Member Ford. Is there any discussion on the motion? All right, hearing none, we can take a vote. All in paper. Please say aye. Aye. Opposed, no. Motion carries. Madam Clerk. Ordinance number 10 as amended, an ordinance amending Article 1 and Article 8 of the zoning ordinance to define adult daycare center and day shelter and to regulate such facilities in the P1, B1, B2, B2A, and P2 zones. Ordinance number 11, an ordinance amending Section 2152 of the Code of Ordinances, abolishing one position of Recreation Supervisor, Grade 110E, and creating one position of Parks Naturalist, Grade 113E, both in the Division of Parks and Recreation, effective upon passage of council. Number 12, 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 22. Number 13, an ordinance amending Section 2252 of the Code of Ordinances creating one position of Administrative Officer Senior, Grade 120E, with a term to expire in three years in the Department of Planning, Preservation, and Development, appropriating funds pursuant to Schedule No. 26, effective upon passage of council. All right. Thank you, Madam Clerk. Are there any motions, are there any walk-ons or suspensions for a second read? Council Member Ford. Thank you, Mayor. I move that we suspend the rules and we give second reading to Resolution No. 10. Aye. Motion by Council Member Ford. Second by Council Member Henson. 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. Any other motions? All right. Madam Clerk, I want to give it a second read. Thank you. Ordinance number 10 and ordinance amending Article 1 and Article 8 of the zoning ordinance to define adult daycare center and day shelter and to regulate such facilities in the P1, B1, B2, B2A, and P2 zones. Thank you. Is there a motion? Motion to approve. Motion to approve by Council Member Ford, second by Council Member Kaye. Is there any discussion on the motion? All right. Hearing none, then Madam Clerk, please call the roll. Mr. Stenet? Ms. Akers? Yes. Mr. Clark? Yes. Mr. Ellinger? Yes. Mr. Farmer? Yes, ma'am. Mr. Ford? Yes. Ms. Gordon? Aye. Ms. Henson? Yes. Mr. Kay? Yes. Mr. Lane? Yes. Ms. Lawless? Ms. Lawless? Yes. Ms. Massadi? Yes. Mr. Myers? Yes. And Ms. Gutchfield? Absent. All right. Thank you. All right. Thank you, Madam Clerk. The vote reflects passage of the motion, and it allows us to move on to resolutions for a second reading. Resolution number one. A resolution accepting the bids of Tri-State Roofing and Sheet Metal Company of Kentucky and Bry Den Company, Inc., establishing price contracts for roof repairs and maintenance supplemental for the Division of Facilities and Fleet Management. Number two, 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 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 three, 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 four, 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 five, 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 earn the amount of $300,000 federal funds from the grants to encourage arrest policies and enforcement of protection orders program for continuation of a project designed to hold domestic violence offenders accountable for their actions through investigation, arrest, and prosecution, 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 approving the Department of Social Services partner agency application, scoring rubric, and schedule for application review for the fiscal year 15 application process. Number seven, 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. 8. 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. 9. A resolution authorizing the Mayor on behalf of the urban county government to execute a software maintenance agreement with NetMotion Wireless Incorporated for software licenses for mobile data computers at a cost not to exceed $26,015. Number 10, 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 11, 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 12, a resolution authorizing the mayor on behalf of the urban county government to execute change order number 2 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. since. Number 13, 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 14, 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 15, 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 16, 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 17, 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 18, 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 19. 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 20, 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 earn 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 21 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 22, 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 23 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 24, 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 stated. All right. Thank you, Madam Clerk. Move approval. Motion by Vice Mayor Gordon to approve, second by Council Member Myers. Is there any discussion on the motion? All right. Hearing none, then, Madam Clerk, when you're ready, please call the roll. Mr. Stenet? Yes and all, but no on number two. Thank you. Ms. Akers? Yes and all. Thank you. Mr. Clark? Yes and all, but number two. Thank you. Mr. Ellinger? Yes. Mr. Farmer? Yes and all, no on number two. Thank you. Mr. Ford? Yes. Ms. Gordon? No on number two. Yes on the rest. Ms. Henson? No on number two and yes on the rest. Mr. Kay? Yes. Mr. Lane? No on two, yes on the rest. Thank you. Ms. Lawless? No on two, yes on the rest. Thank you. Ms. Massadi? No on two, yes on the rest. Thank you. Mr. Myers? I'm going to vote three times on number two. And yes on the rest. Just move to a chair where somebody's absent and used their machine. Yeah. That is eight nay votes on number two. So with one absence, that one fails. So what's the? The rest passed. All right. The count was 6 to 8 on number 2. All right. Thank you, Madam Clerk. When you're ready, we can proceed. It was actually 8 to 5. First read on resolutions? Yeah, no. Who's not here? Oh, Julian? Julian is the one there. Yeah, it was 8 to 5. Yeah. 8 to 5. Yep, 8 to 5. Thank you. $995,237 for the Anniston-Wickland Capital Storm Sewer Improvements Phase 3 for the Division of Water Quality and authorizing the Mayor on behalf of the Urban County Government to execute an agreement with Lagco Incorporated related to the bid. Number 28, a resolution accepting the bids of Bowman Paper Company Incorporated and Lexington Food Service Incorporated, establishing price contracts for concession products for the Division of Parks and Recreation. Number 29, a resolution accepting the bid of Craig's Firearms Supply Incorporated, establishing a price contract for patrol rifles for the Division of Police. Number 30, a resolution accepting the bids of Bluegrass Uniforms and Equipment, Kentucky Uniforms Incorporated, and National Workwear, establishing price contracts for work shoes for various departments and divisions for the urban county government. Number 31, a resolution authorizing the Division of Human Resources to make a conditional offer to the following probationary civil service appointments. Eric Eason, Engineering Technician, Grade 111N, 14.596 hourly in the Division of Traffic Engineering, effective upon passage of counsel. Gaston Nagandu Sankai, Program Specialist, Grade 112E, 1,847.52 biweekly in the Department of Social Services, effective November 11, 2013, authorizing the Division of Human Resources to make a conditional offer to the following unclassified civil service appointments. Juan Jackson, Public Service Worker, part-time, Grade 106N, $15 hourly in the Division of Facilities and Fleet Management, effective upon passage of counsel. Elizabeth Johnson, Child Care Program, aid part-time, Grade 107N, $12 hourly, in the Division of Family Services, effective upon passage of counsel. Fidele Nisangu-Tiboyu, Environmental Inspector, Grade 113N, 16.843, hourly in the Division of Water Quality, effective October 21, 2013, authorizing the Division of Human Resources to make a conditional offer to the following probationary sworn appointment. Matthew Galati, Fire Major, Grade 318E, 300521.79, biweekly, in the Division of Fire and Emergency Services, effective November 4, 2013. Number 32, a resolution ratifying the probationary civil service appointment of Brittany West, Computer Systems Manager Senior, Grade 120E, 3301.36 biweekly in the Division of Computer Services, effective upon passage of counsel, ratifying the permanent civil service appointments of Pam Whitaker, Administrative Specialist Principal, Grade 114E, 200240.08 biweekly in the Division of Planning, effective October 8, 2013. Dan James, Human Resources Analyst, Grade 115E, 2029.12 biweekly in the Division of Human Resources effective October 22, 2013. Tiffany Compton, Family Services Center Manager, Grade 116E, 1,659.12, biweekly in the Division of Family Services effective September 11, 2013. Chris Taylor, Planner Senior, Grade 117E, 1,818.64, biweekly in the Division of Planning effective October 8, 2013. Paula Williams, Human Resources Manager, Grade 119E, 2005-50.88 biweekly in the Division of Human Resources, effective October 8, 2013. Ratifying the permanent sworn appointments of Kenneth Brown, Police Officer, Grade 311N, 17.649 hourly in the Division of Police, effective October 3, 2013. Kenneth Ragland, Fire Captain, Grade 316N, 24.666 hourly in the Division of Fire and Emergency Services, effective November 4, 2013. Ratifying the approved Council leave for Myra Campbell, Staff Assistant Senior in the Division of Water Quality, effective September 23, 2013. through December 23, 2013. Ratifying the unclassified civil service appointment of Jennifer Benningfield, Administrative Officer, Grade 118E, 2005-38.46 biweekly in the Office of the Chief Administrative Officer, effective November 4, 2013. Number 33. A resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an amendment to agreement with the Kentucky Transportation Cabinet for extension of the Southland Drive Pedestrian Improvements Project through June 30, 2014, at no cost to the Urban County Government. Number 34, a resolution authorizing and directing the mayor on behalf of the urban county government to execute an amendment to agreement with the Kentucky Transportation Cabinet for extension of the Loudoun Avenue sidewalk project through June 30, 2014 at no cost to the urban county government. Number 35, a resolution authorizing and directing the mayor on behalf of the urban county government to execute any documents necessary to transfer the properties located at 509 Chestnut Street and 438 Ohio Street acquired under the Neighborhood Stabilization Program to Fayette County Local Development Corporation for rental housing for low-income households. Number 36. A resolution changing the street name of 100 Chippendale Court, Unit A, to 100 Chippendale Court, Unit A, of 100 Chippendale Court, Unit B, to 100 Chippendale Court, Unit B, of 102, 104, 105, 106, 108, 109, and 111 Chippendale Court, to 102, 104, 105, 106, 108, 109, and 111 Chippendale Court, of 200, 204, 208, 212, 216, 220, 224, 228, 232, 236, 240, 244, 248, 251, 252, 256, 260, 264, 268, 272, 276, 280, 284, 288, 292, 296, 300, 301, 303, 304, 305, 307, 308, 309, 311, 312, 313, 315, 316, 317, and 319. Chippendale Circle, 2200, 204, 208, 212, 216, 220, 224, 228, 232, 236, 240, 244, 248, 251, 252, 256, 260, 264, 268, 272, 276, 280, 284, 288, 292, 296, 300, 301, 303, 304, 305, 307, 308, 309, 311, 312, 313, 315, 316, 317, and 319 Chippendale Circle. And of 1056, 1057, 1060, 1061, 1064, 1065, 1068, 1069, 1072, 1073, 1076, 1080, 1084, 1088, 1089, 1093, 1096, and 1097, Bridalwood Lane, to 1056, 1057, 1060, 1061, 1064, 1065, 1068, 1069, 1072, 1073, 1076, 1080, 1084, 1088, 1089, 1093, 1096, and 1097 Crestfield Lane. Changing the property address numbers of 312 South Upper Street to 308 South Upper Street and of 318 South Upper Street to 320 South Upper Street. And changing the street name and property address number of 101 Chippendale Court to 103 Chippendale Court of 625 South Cleveland Road to 6625 Leanne Lane, of 1211 Manchester Street to 1206 Leggett Street, of 129-151 East High Street to 150 East Vine Street, and of 169-201 East High Street to 160 East Vine Street, all effective 30 days from passage. Number 37. A resolution authorizing the mayor on behalf of the urban county government to execute agreements with LexArts Incorporated, $2,275, William Wells Brown Neighborhood Association, Inc., $350. Lexington Bicycle Polo League, Inc., $1,850. And Friends of McConnell Springs, Inc., $525. For the Office of the Urban County Council, at a cost not to exceed the sum stated. Number 38, 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 3973 Tatton Place, 3785 Branham Park, 3805 Branham Park, 3825 Branham Park, 3856 Branham Park, 3896 Branham Park, 3952 Branham Park, and 3997 Branham Park for the Blue Sky Pump Station and Force Main Project. Number 39, 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 376 Bobolink Drive for the Bobolink Sanitary Sewer Improvements Project. Number 40, a resolution accepting the response of CZB LLC to RFP No. 26-2013 and authorizing the mayor on behalf of the urban county government to execute an agreement with CZB LLC to develop a comprehensive affordable housing strategy at a cost not to exceed $49,698. Number 41, a resolution authorizing and directing the mayor on behalf of the urban county government to execute a release of easement releasing a temporary drainage easement on property located at 225 Ruscio Way. Number 42, a resolution authorizing the mayor on behalf of the urban county government to execute agreements with Lexington Bicycle Polo League, $150, and Highland Neighborhood Association, $300, for the office of the urban county council at a cost not to exceed the sum stated. Number 43, a resolution authorizing the Division of Emergency Management 9-1-1 on behalf of the Urban County Government to purchase emergency outdoor warning sirens from Federal Signal Safety and Security Systems, a sole source provider, at a cost not to exceed $44,541.25 Number 44, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a partial release of easement releasing a portion of a utility easement on property located at 806 and 810 Blockmere Place Number 45, a resolution authorizing the Division of Waste Management on behalf of the Urban County Government to execute a purchase order with Ken Byrons, Incorporated, for additional engineering work and document preparation required for the Haley Pike Landfill Closure Phase 4 for the Department of Environmental Quality and Public Works at a cost not to exceed $40,329.87. Number 46, a resolution authorizing the Mayor on behalf of the Urban County Government to execute a contract with West Company, Clear Services, a division of Thomson Reuters for background investigation database at a cost not to exceed $4,944. Number 47, a resolution authorizing and directing the mayor on behalf of the urban county government to execute supplemental agreement number 5 with the Kentucky Transportation Cabinet for the acceptance of additional funds for the Todd's Liberty Road Improvement Project in the amount of $1,954,000 for utility relocation, the acceptance of which does not obligate the urban county government for the expenditure of funds. Number 48, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute Supplemental Agreement No. 1 with the Kentucky Transportation Cabinet for the acceptance of additional federal funds for the Legacy Trail Enhancements Project in the amount of $300,000 for additional improvements to the Isaac Murphy Memorial Art Garden, the acceptance of which obligates the Urban County Government for the expenditure of $75,000 as a local match. No. 49, a resolution authorizing the Division of Traffic Engineering pursuant to Code of Ordinances Section 1886 to install multi-way stop controls at the intersection of South Point Drive and Gray Oak Lane. And number 50, a resolution authorizing and directing the mayor on behalf of the urban county government to execute and submit a grant application to the Kentucky Transportation Cabinet and to provide any additional information requested in connection with this grant application, which grant funds are in the amount of $900,000. Let's give it. I need to give a little bit of, I know everybody's doing business, but it's hard to hear, Meredith. Thank you, Meredith. Which grant funds are in the amount of $940,000 federal funds under the Transportation Alternatives Program and are for enhancements to Old Frankfurt Pike? It was just anticipation of closure. All right. Vice Mayor Gordon. Yes, I move to, this is a walk-on, I move to place on the docket for approval the nominations of Tamara Fagley and Helen Kendall for the Ethics Commission. Second. It's a motion and a second. Is there any discussion on the motion? All right. Hearing none, then we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Any other? Council Member Stennett. Thank you, Mayor. This is for second or any unless there's another walk-on. There's a walk-on. I'll defer to Council Member Ford first so we can get the walk-ons done. You've got a walk-on. Okay, Council Member Ford. All right. Thank you, Council Member Stennett. Mayor and members of Council, I, at the request of the administration, I move to place on the docket for the October 24, 2013 Council meeting a resolution authorizing the Mayor to submit a grant application to the Kentucky Transportation Cabinet requesting federal funds in the amount of $1,040,000 under the 2014 Transportation Alternatives Program for the 4th Street Corridor Project. So moved. Second. Motion by Council Member Ford, seconded by Council Member Akers. Is there any discussion on the motion? All right. Hearing none, we'll take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Are there any more walk-ons? All right. Then I'll ask the clerk to please read. Give a first read for those walk-ons. This will be number 51, a resolution authorizing and directing the mayor on behalf of the urban county government to execute and submit a grant application to the Kentucky Transportation Cabinet and to provide any additional information requested in connection with this grant application, which grant funds are in the amount of $1,040,000 federal funds under the Transportation Alternatives Program and are for the 4th Street Corridor Project. All right. Thank you, Madam Clerk. Are there any – did you get both of them or just the first one? You did 51. I don't read the communications. I believe they've had a motion to place them on the docket, and then they'll just need a motion for approval. All right. Now we can move on then to suspension. Council Member Stennett. Thank you, Mayor. I move to give a second reading and suspend the rules and give a second reading to number 27 and 47. All right. Motion by Council Member Stenet. Is there a second? Second. Second by Council Member Farmer. Which numbers were those, Council Member Stenet? 27 and number 47. 27 and 47. All right. Is there any discussion? Hearing none, take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Thank you, Mayor. Council Member Henson. No, Council Member Masati. Sorry. Thank you, Mayor. I move to have a second reading on number 41 and number 48. I'm sorry, 49. I apologize. 41 and 49. 41 and 49. Yes, sir. Motion by Council Member Mossady on 41 and 49. Second by Council Member Ellinger. Is there any discussion? All right. Hearing none, then we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. All right. Council Member Henson. Thank you, Mayor. At the request of the administration, I move to suspend the rules and give second reading number 31 for conditional offers of employment. Motion by Council Member Henson. Did I hear a second? Second. Second by Council Member Akers. All right. Is there any discussion? All in favor, please say aye. Aye. Opposed, no. Motion carries. Council Member Akers. Thank you, Mayor. I move to suspend the rules and request second reading on numbers 40, 42, and 48. Motion by Council Member Aker, seconded by Council Member Ellinger. Is there any discussion on the motion? All right, hearing none, then we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Council Member Kaye. My motion has already been made. Thank you. All right, sir. Thank you. All right. Looks like that's all that have a motion. So, oh, Commissioner Paulson. Yes, sir. We'd like to request suspension of the rules to get second reading on resolutions 50 and 51. So you need a motion for 50 and 51. Council Member Farmer got the motion for you. And Council Member Lane seconded it for you. Council Commissioner, is there any discussion on 51 and 50? 50 and 51? All right. Any discussion? All right. Hearing none, then we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Council Member Akers. Thank you, Mayor. I forgot one. I would like to move to suspend the rules and request second reading on number 37. Second. Motion by Council Member Akers on 37, second by Council Member Henson. Is there any discussion? Okay. All in favor, please say aye. Opposed, no. Motion carries. All right. I believe that's it. Okay. All right, Meredith, whenever you're ready. Resolution number 27 for second reading, a resolution accepting the bid of LAGCO Incorporated in the amount of $995,237 for the Anniston-Wickland Capital Storm Sewer Improvements Phase 3 for the Division of Water Quality and authorizing the mayor on behalf of the Urban County Government to execute an agreement with LAGCO Incorporated related to the bid. Number 31. Thank you. sworn appointment. Matthew Galati, Fire Major, Grade 318E, 3,521.79 biweekly in the Division of Fire and Emergency Services, effective November 4, 2013. Number 37, a resolution authorizing the Mayor on behalf of the Urban County Government to execute agreements with LexArts Incorporated, $2,275. William Wells Brown Neighborhood Association Incorporated, $350. Lexington Bicycle Polo League Incorporated, $1,850. and Friends of McConnell Springs Incorporated $525 for the Office of the Urban County Council at a cost not to exceed the sum stated. Number 40, a resolution accepting the response of CZB LLC to RFP No. 26-2013 and authorizing the Mayor on behalf of the Urban County Government to execute an agreement with CZB LLC to develop a comprehensive affordable housing strategy at a cost not to exceed $49,698. Number 41, a resolution authorizing and directing the mayor on behalf of the urban county government to execute a release of easement releasing a temporary drainage easement on property located at 225 Ruscio Way. Number 42, a resolution authorizing the mayor on behalf of the urban county government to execute agreements with Lexington Bicycle Polo League, $150, and Highland Neighborhood Association, $300, for the office of the urban county council at a cost not to exceed the sums stated. Number 47, A resolution authorizing and directing the mayor on behalf of the urban county government to execute supplemental agreement number five with the Kentucky Transportation Cabinet for the acceptance of additional funds for the Todd's Liberty Road Improvement Project in the amount of $1,954,000 for utility relocation, the acceptance of which does not obligate the urban county government for the expenditure of funds. Number 48 A resolution authorizing and directing the mayor on behalf of the urban county government to execute Supplemental Agreement No. 1 with the Kentucky Transportation Cabinet for the acceptance of additional federal funds for the Legacy Trail Enhancements Project in the amount of $300,000 for additional improvements to the Isaac Murphy Memorial Art Garden, the acceptance of which obligates the Urban County Government for the expenditure of $75,000 as a local match. No. 49, a resolution authorizing the Division of Traffic Engineering pursuant to Code of Ordnance to Section 1886 to install multiway stop controls at the intersection of South Point Drive and Gray Oak Lane. Number 50, a resolution authorizing and directing the mayor on behalf of the urban county government to execute and submit a grant application to the Kentucky Transportation Cabinet and to provide any additional information requested in connection with this grant application, which grant funds are in the amount of $940,000 federal funds under the Transportation Alternatives Program and are for enhancements to Old Frankfort Pike. And number 51, a resolution authorizing and directing the mayor on behalf of the urban county government to execute and submit a grant application to the Kentucky Transportation Cabinet and to provide any additional information requested in connection with this grant application, which grant funds are in the amount of $1,040,000 federal funds under the Transportation Alternatives Program and are for the 4th Street Corridor Project. Thank you, Madam Clerk. Motion to approve by Council Member Hanson, second by Council Member Ellinger. Is there any discussion on the motion? All right. Hearing none, then, Madam Clerk, when you are ready. Please call the roll. Mr. Stennett? Yes, ma'am. Ms. Akers? Yes. Mr. Clark? Yes. Mr. Ellinger? Yes. Mr. Farmer? Yes, ma'am. Mr. Ford? Yes. Ms. Gordon? Aye. Ms. Henson? Yes. Mr. Kay? Yes. Mr. Lane? Yes. Ms. Lawless? Yes. Ms. Masati? Yes. Mr. Myers? Yes, ma'am. Ms. Scotchfield is absent. Thank you. All right. Thank you, Madam Clerk. The vote reflects passage of the motion. That was just to move on to announcements. The floor is available for any Council members for announcements. Council Member Farmer. Thank you, Mayor. I wanted to just take a moment to update folks on an upcoming event as we previously talked about in our 5th District e-newsletter. The Keep Lexington Beautiful Commission is looking for volunteers for a stream cleanup and beautification project on Richmond Road this coming Saturday, October 26th. Volunteers are needed to remove litter and debris from the stream between Lakeshore and Fontaine, as well as mulch plants that were installed in the area just last year. The Keep Lexington Beautiful Commission received a 2012 Lowe's Keep America Beautiful Community Improvement Grant of $20,000, one of 120 merit-based grants awarded nationally to support grassroots community improvement projects. This cleanup will be held rain or snow or shine on Saturday the 26th from 9 a.m. to noon. Motorists will be advised. At the right-hand outbound lane of Richmond Road will be closed for the event. Traffic signs and cones will be in place to alert motorists to the lane closure. Volunteers for the event should report to the registration tent at 125 Lakeshore Drive. You should dress for the weather and be prepared to get dirty. Boots, pants, and long-sleeve shirts are suggested. Go to eventbrite.com and search for Richmond Road 2013 if you wish to pre-register. This event provides an excellent opportunity for civic groups to earn community service hours, and it really has changed the look of that part of Richmond Road in a very, very positive way. Then for 5th District residents as well as those around town with trees, After some conversation, Acting Commissioner, I think now, Charlie Martin, has indicated that on the website it says we're going to start leaf collection on November 4th. It seems like the leaves haven't fallen enough. They haven't been right to the curb enough. So they're going to defer the beginning of the now one-time leaf collection until later into November, and that will be updated when we know that more leaves are on the ground. And personally, I wanted to thank the Streets and Roads folks. We had several calls about raising manholes, specifically on Fontaine, after some of the paving had gone on. And they have raised those manholes, and it makes that already smooth surface even better. And I appreciate the time and the talent that they took to do that. And although he has left the room, I was going to tell Richard Maloney how nice it was to work with him as a council person, as a CAO, as a commissioner, and now in his brief retirement as he is a candidate yet again. But it's been a pleasure to work with him over many years down here, and we will miss him and wish him only the best. Mayor, thank you. Yes, sir. Thank you, Council Member Farmer. And I think Vice Mayor Gordon wanted to speak to Commissioner Maloney's tenure, and I'm sure many others do, as do I. And so let's go on with this and we'll come back. Council Member Clark. Thank you, Mayor. Yesterday at the MPO meeting in Nicholasville, we received a listing of approximately 90 potential projects, road projects, and I thought it would be we were asked to look at it and see if there were any priorities that we would like to suggest. So I thought it would be appropriate to send that list to the council. And so you will get that in some kind of form. We're trying to do it electronically if we can, so I'm not sure exactly how it's going to appear. But if there are projects there that you see in your district that you think are badly needed and you would like to make a suggestion, my email suggests that you suggest that project as a priority, give us a rationale why it is a critical need, and then also if there are projects that you think are not there that you should mention. This is a long-range scope, so don't expect anything next year or next probably 10 years, but I think it would be appropriate if you have an opportunity to look at your district and see if any of these projects fit and send them to me, and then I will forward them to Max Conyers. Thank you, Mayor. Thank you. Council Member Clark. Vice Mayor Gordon. Thank you, Mayor. Yes, I saw Richard Maloney here earlier and had also, like Council Member Farmer, wanted to thank him for his long service to urban county government. I also had the privilege of serving on the council with him for several years and appreciate being a colleague of his on the council and appreciated his service as the CAO and as the commissioner and wish him all the best. Thank you. Thank you, Vice Mayor. Councilman Lawless. I just wanted to say how excited I am about the piggy bank bus shelter that had its ribbon cutting today on Euclid Avenue. A lot of hard work went into that by a lot of people. It was a community. The community was involved. individuals gave anywhere from a dollar. There were over 100 people that had contributed in one way or another to that project, so it was really a community effort. So I don't want to name names because I'll leave somebody out, but if you're driving down Euclid, which is, by the way, in very bad shape and is a state road and has utility work that is going to be ongoing and is not the responsibility of the city and cannot be paved until that work is done, comma. Please, it's at Republic National Bank that gave permission to have it on their property. Drive by it. It will make you smile, I promise, no matter what kind of day you're having. So it was a great day, and thank you. And I've been advised that it is sleeting outside now or earlier. so be careful if you're traveling this evening and watch out for me if you see my car. Thanks. Bye. Thank you, Councilman Lawless. Anybody else signed on? Well, I just want to punctuate what others had said about Richard. You know, nobody I know in my lifetime has cared more about a city, He has served more passionately with more commitment. At any hour whatsoever, you could count on Richard Maloney. And that is something that our citizens have been blessed with, that we have all been blessed with. Okay, now we need to dial back for a minute to communications from the mayor where Vice Mayor Gordon has a motion. Is that right? Yes, that was the Ethics Commission Communications, and I move approval. Motion by Vice Mayor Gordon, second by Council Member Henson. Okay. All righty. Thank you. 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. We can then move on to public comments. And I have Mr. Wheeler, Bill Wheeler signed on, and Bernard McCarthy. Bill, and we did get your, I think at least I got your document that you distributed. I hope you'll find time to read that. In the meantime, I know when I'm here, you expect me to say something you don't want to hear. But right now, I'll deviate slightly, because I want to commend your council clerk on her reading and vocal skills that allow her to get what she needs to do done in a very expedient manner. Now, I'll go back to where I'm supposed to be. In regard to the plan to use economic development funds out of your surplus, I want to request that there be a statement to detail of expected results by the funds in detail. what are the expected results, and a statement listing the factors by which those results will be measured, and a date by which those results should be measured. This will disclose to the public the accounting of taxpayer funds that have been put at risk. And this will be much better than what the public gets from the state in reporting what its recipients of economic funds have done. I think it's important that you do this in detail so that the public will know exactly how those funds have been spent. And if they've not been spent properly, there should be a provision that they be returned. And I would ask the mayor to dispatch all of the patrol officers on duty to north of Main Street, because I'm going to hurry home and watch a football game. Thank you, Mr. Wheeler. Good advice in every direction. Thank you, sir. And Bernard McCarthy. Your Honor and members of the council, I do agree with Mr. Wheeler as far as accounting for any money you spend. I really wish you wouldn't be spending money to bribe businesses into moving here. I think that is counterproductive over the long run for the world as a whole, but it's better if you make them strictly account for everything and prove that they did bring the promised number of jobs here. But more important right now, I heard somewhere in the last week or so that you guys were planning to put traffic signals at the Reynolds Road-Wellington Way roundabout. I think this would be a mistake. If you go to signalize it, you might as well tear out the roundabout and put in a conventional intersection. If you really want to make the roundabout safer, the thing to do is physically widen it. I've heard that the circulating roadway of the roundabout is four feet narrower than the roadways leading into it. It should be the other way around. Your lane width should be greater going around the circle than on the roadways leading into it. So if you really want to fix the problems with it, buy whatever amount of right away it takes and add at least four feet more pavement to the outward side. preferably more than that. And I do hope you go ahead with getting as many natural gas-powered vehicles as possible, and I think that's a much better option than going to electric vehicles because for all their so-called efficiency in operating, the electricity has to be made somewhere, and the amount of energy put into making the batteries totally offsets any efficiency supposedly gained by the electric and the hybrid vehicles. But switching over to compressed or liquefied natural gas has the advantage of balancing supply and demand and cutting down the amount of fuel that would be burned by ships hauling natural gas out of our country and hauling crude oil in. All right. Oh, thank you so much, Bernard. Is there a motion to adjourn? Motion by Council Member Ellinger, second by Council Member Masati. Unless there's objection, we are adjourned.