# Council Work Session - November 5, 2013 > Auto-transcribed civic record · November 5, 2013 - **Permalink**: https://meetings.lexingtonky.news/meeting/3163 - **Source video**: https://lfucg.granicus.com/player/clip/3163?view_id=14&redirect=true - **Date**: 2013-11-05 - **Last revised**: July 15, 2026 - **Length**: 9,678 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 Urban County Council met on November 5, 2013, at 3:00 p.m. in the Council Chamber on the 2nd Floor of the Government Center, with Mayor Jim Gray presiding. The council addressed 10 agenda items during the session, taking 18 motions and votes on various matters. The meeting included 12 public comments from residents, with opportunities for public input both on items listed in the agenda and on issues not included on the agenda. The council approved several key items during the meeting, including requested rezonings and docket approval, a summary of prior proceedings, budget amendments, new business items, council reports, and the mayor's report. In addition to these approvals, the council heard informational presentations during the continuing business segment and received reports from council members. The meeting concluded with adjournment following the completion of all scheduled business. ## Attendance **Present:** Mayor Jim Gray, Vice Mayor Linda Gorton, Chuck Ellinger, Steve Kay, Chris Ford, Shevawn Akers, Diane Lawless, Julian Beard, Kevin Stinnett, Jennifer Scutchfield, George Myers, Jennifer Mossotti, Harry Clarke, Peggy Henson, Ed Lane, and Aldona Valicente. **Absent:** Council Member Farmer. **Late:** None. ## Votes and Decisions The meeting included 18 votes, all of which passed by voice vote. **Resolution 0073-26** authorized execution of Change Order No. 4 with Churchill McGee, LLC, for the Carver Community Center renovation for the Newtown Pike Extension Project. Motion by Julian Beard, second by George Myers. [timestamp: 00:01:04] **Resolution 0074-26** authorized a memorandum of agreement with Farm and Garden Market Cooperative Association, Inc., doing business as Lexington Farmer's Market to extend use of the Cheapside Park Fifth Third Bank Pavilion and adjoining property for year-round farmer's market operations. Motion by Steve Kay, second by Council Member Clark. [timestamp: 00:02:40] **Ordinance 0130-26** amended subsections 8C-13-1 and 3 of the Code of Ordinances to add members to the Emergency Medical Advisory Board. Motion by Vice Mayor Linda Gorton, second by Steve Kay. [timestamp: 00:04:23] **Resolution 0075-26** authorized acceptance of an award from the U.S. Department of Justice under the 2013 State Criminal Alien Assistance Program. Motion by Julian Beard, second by George Myers. [timestamp: 00:05:30] **Resolution 0076-26** authorized acceptance of a donation of four military conex shipping containers secured via Government Surplus through the Kentucky Fire Commission for use at the Division of Fire training academy. Motion by Julian Beard, second by George Myers. [timestamp: 00:05:30] **Resolution 0077-26** authorized acceptance of a donation of a military surplus M915 Line-Haul Tractor secured via Government Surplus through the Kentucky Fire Commission. Motion by Julian Beard, second by George Myers. [timestamp: 00:05:30] **Ordinance 0131-26** authorized funding for the Idle Hour Trunk Sewer Remedial Measures Plan project. Motion by Julian Beard, second by George Myers. [timestamp: 00:05:30] **Resolution 0078-26** authorized execution of Change Order No. 1 (FINAL) with Walter Martin Excavating Inc. for Cardinal Lane Storm Water Improvements. Motion by Julian Beard, second by George Myers. [timestamp: 00:05:30] **Ordinance 0132-26** amended Section 21-5 of the Code of Ordinances, abolishing one position of Public Service Worker (Grade 106) in the Division of Parks and Recreation. Motion by Julian Beard, second by George Myers. [timestamp: 00:05:30] **Resolution 0079-26** authorized execution of an agreement with Aramark Correctional Services, LLC to provide food services for the Division of Community Corrections. Motion by Julian Beard, second by George Myers. [timestamp: 00:05:30] **Resolution 0080-26** authorized approval of purchase of additional inventory specialist services by OmniSource Integrated Supply, LLC for the Division of Emergency Management/911 under the Metropolitan Medical Response System--2012 grant and the Chemical Stockpile Emergency Preparedness Program (CSEPP) grant for FY 2013. Motion by Julian Beard, second by George Myers. [timestamp: 00:05:30] **Resolution 0081-26** authorized execution of an agreement with the Board of Education of Fayette County for operation of preschool programs at the Family Care Center. Motion by Julian Beard, second by George Myers. [timestamp: 00:05:30] **Resolution 0082-26** authorized execution of Revision No. 1 to Cost Sharing Agreement with Transylvania University for sidewalk reconstruction along a portion of West Fourth Street. Motion by Julian Beard, second by George Myers. [timestamp: 00:05:30] **Resolution 0083-26** authorized execution of an agreement with Berea College for a student placement program. Motion by Julian Beard, second by George Myers. [timestamp: 00:05:30] **Resolution 0084-26** authorized approval of an agreement with Delaney & Associates for purchase of Flowserve WWR Rotating Assembly replacement parts for No. 1 Dewater Pump at Town Branch WWTP. Motion by Julian Beard, second by George Myers. [timestamp: 00:05:30] **Resolution 0085-26** authorized execution of agreements with other jurisdictions to participate within the Central Kentucky 911 Network (CKy911net) managed by LFUCG in partnership with selected vendors. Motion by Julian Beard, second by George Myers. [timestamp: 00:05:30] **Resolution 0086-26** authorized the Department of Law to enter into necessary documents to settle PSC Case No. 2013-00167 (Columbia Gas Rate Case). Motion by Julian Beard, second by George Myers. [timestamp: 00:05:30] **Ordinance 0133-26** amended Section 16-14 of the Code of Ordinances to clarify that special collections are in addition to regular pickup days. Motion by Chris Ford, second by Council Member Farmer. [timestamp: 01:00:30] ## Budget and Financial Actions The meeting addressed six financial items involving amendments, contracts, and purchases: **Ordinance Amendments** - **Idle Hour Trunk Sewer Remedial Measures Plan**: Ordinance 0131-26 approved funding of $780,000 for this project. - **Parks and Recreation Position Abolishment**: Ordinance 0132-26 authorized cost savings of $22,539.45 from abolishing one Public Service Worker position (Grade 106) in the Division of Parks and Recreation. **Contracts and Purchases** - **Food Services Contract**: Resolution 0079-26 approved a food services contract with Aramark Correctional Services, LLC for the Division of Community Corrections at a cost of $906,304. - **Inventory Specialist Services**: Resolution 0080-26 authorized the purchase of additional inventory specialist services from OmniSource Integrated Supply, LLC for $12,000. These services support the Division of Emergency Management/911 and are funded through the Metropolitan Medical Response System–2012 grant and the Chemical Stockpile Emergency Preparedness Program (CSEPP) grant for FY 2013. - **Carver Community Center Renovation**: Resolution 0073-26 approved Change Order No. 4 with Churchill McGee, LLC for $163,959.83 related to the Carver Community Center renovation as part of the Newtown Pike Extension Project. - **Storm Water Improvements**: Resolution 0078-26 approved Change Order No. 1 (FINAL) with Walter Martin Excavating Inc. for $9,094.97 for Cardinal Lane Storm Water Improvements. ## Public Comment Council members raised several topics during the meeting: **Idle Hour Trunk Sewer Project Funding** Council Member Stinnett sought clarification on the funding source for the Idle Hour Trunk Sewer Remedial Measures Plan project [timestamp: 00:07:05]. He was informed that funding comes from the Sewer User Fee Fund balance rather than the general fund. **Food Services Contract with Aramark** Council Member Stinnett requested details on the food services contract with Aramark, including cost per meal and projected savings [timestamp: 00:08:09]. Staff reported the contract would save $1.3 million over five years and reduce the cost per meal from $1.239 to $0.964. Council Member Henson complimented the contract [timestamp: 00:11:57], noting it would achieve both cost savings and improved inmate health through a heart-healthy menu and increased meal calories. **Urban Services Property Tax Refund Policy** Council Member Stinnett moved to refer the issue of refunding urban services property taxes for garbage, street cleaning, and streetlights to the Budget and Finance Committee for policy review [timestamp: 00:47:19]. Council Member Scutchfield expressed concern about constituents paying for services they are not receiving, particularly in new development areas, and emphasized the need for timely installation [timestamp: 00:50:30]. **Special Collections Ordinance Clarification** Council Member Ford moved to amend Section 16-14 of the Code of Ordinances to clarify that special collections are in addition to regular pickup days, not instead of [timestamp: 00:01:30]. Council Member Lane raised concerns that passing the ordinance without administrative input could burden Waste Management, given current staffing and transportation issues [timestamp: 01:01:41]. Council Member Henson agreed clarification was needed but noted broader operational waste management issues remain unaddressed [timestamp: 01:01:06]. Council Member Myers supported the motion as a legislative clarification without new operational burdens [timestamp: 01:02:42]. **Announcements** Council Member Massadi announced a public safety crime prevention meeting at Southern Heights Church, open to the public, at 7 p.m. [timestamp: 01:03:14]. Council Member Kay reminded council members of a design standards workshop scheduled for Thursday afternoon at 4 p.m. [timestamp: 01:04:16]. Mayor Jim Gray welcomed Aldona Valicente, the newly appointed Chief Information Officer [timestamp: 01:04:47]. ## Appointments Aldona Valicente was appointed to the position of Chief Information Officer. ## Contested Items **Clarification of Section 16-14 on Special Collections** Council members engaged in a heated discussion regarding how to address changes to Section 16-14 concerning special collections. The core disagreement centered on the appropriate mechanism for implementing the ordinance change: whether it should be handled through the legislative process or addressed via operational review. Concerns raised during the debate included the potential for significant administrative burden resulting from the proposed changes. Additionally, council members expressed concern about the lack of input from Waste Management leadership in the decision-making process, noting that those responsible for implementing any changes had not been adequately consulted. The discussion reflected broader questions about the proper balance between legislative action and administrative implementation, as well as the importance of stakeholder engagement when changes affect operational departments. ## Public Comment - Issues on Agenda [timestamp: 00:00] No members of the public signed up to provide comment on issues on the agenda. As a result, this portion of the meeting proceeded without public testimony, and the meeting moved forward to docket approval. ## Requested Rezonings / Docket Approval [timestamp: 00:00:30] The Council addressed rezoning requests and docket approval during this agenda item. Key participants in the discussion included Chuck Ellinger, Steve Kay, Ed Lane, Jennifer Mossotti, and Harry Clarke. The Council approved the docket and placed several items on it for consideration. The approved items included: * Rezoning requests * Resolutions for traffic control * Grant applications The outcome of this agenda item was approval of the docket as presented. ## Approval of Summary The Council considered the summary of the previous meeting as the third agenda item. [timestamp: 00:05:30] Julian Beard and George Myers participated in this agenda item. The summary was presented for approval without substantive discussion or debate. The Council approved the summary of the previous meeting without raising concerns or objections. ## Budget Amendments [timestamp: 00:06:00] The Council discussed and approved budget amendments during this agenda item. Julian Beard and Jennifer Henson were the key speakers presenting and discussing the proposed changes. The amendments included adjustments to fund balances and allocations drawn from the fund balance. The Council approved these modifications to the budget. The outcome of this agenda item was approval of the budget amendments as presented. ## New Business [timestamp: 00:06:33] The council approved new business items during this portion of the meeting, with discussion centered on contracts, grants, and operational agreements. **Key Participants** The discussion involved Julian Beard, Kevin Stinnett, George Myers, and Chris Ford. **Topics Discussed** Council members reviewed and deliberated on several new business items, including contracts, grants, and operational agreements. The discussion included consideration of cost savings and operational impacts associated with these items. **Outcome** All new business items presented were approved by the council. ## Continuing Business / Presentations [timestamp: 00:12:30] This agenda item consisted of informational presentations from multiple committees and a topic-specific presentation. **Committee Summaries** Peggy Henson, Julian Beard, Chuck Ellinger, and Susan Plueger provided summaries of recent committee meetings: - Special Public Safety Committee - Economic Development Committee - Budget and Finance Committee **Land Use and Watershed Management Presentation** A presentation on Land Use and Watershed Management was also delivered during this segment. **Outcome** This section was informational in nature, with no formal action items or decisions required. The presentations provided updates to the full body on the work and discussions occurring within the respective committees and on the specified topic area. ## Council Reports During this agenda item, the Council reviewed and approved reports from various committees. [timestamp: 00:47:19] **Key Speakers** The discussion involved Kevin Stinnett, Chris Ford, and Peggy Henson. **Topics Discussed** The Council addressed two primary policy matters: * Urban services tax refunds * Child care funding reductions **Outcome** The Council approved the committee reports presented during this session. ## Mayor's Report [timestamp: 01:04:47] The Council reviewed and approved the Mayor's report during this agenda item. Vice Mayor Linda Gorton and George Myers were the key speakers on this matter. The report included the welcome of the newly appointed Chief Information Officer to the city government. The Council voted to approve the Mayor's report. ## Public Comment - Issues Not on Agenda [timestamp: 01:05:50] No members of the public signed up to provide comment on issues not on the agenda. As a result, this portion of the meeting concluded without any public remarks being presented. ## Adjournment The meeting was adjourned following a motion by Kevin Stinnett and a second by Vice Mayor Linda Gorton. The motion was approved. [timestamp: 01:05:50] --- ## Decisions - **Resolution 0073-26** — passed: Authorization to execute Change Order No. 4 with Churchill McGee, LLC, for the Carver Community Center renovation for the Newtown Pike Extension Project - **Resolution 0074-26** — passed: Authorization to execute a memorandum of agreement with Farm and Garden Market Cooperative Association, Inc., doing business as Lexington Farmer's Market to extend the use of the Cheapside Park Fifth Third Bank Pavilion and adjoining property as a farmer's market in order to operate year-round - **Ordinance 0130-26** — passed: Amend subsections 8C-13-1 and 3 of the Code of Ordinances to add members to the Emergency Medical Advisory Board - **Resolution 0075-26** — passed: Authorization to accept award from the U.S. Department of Justice under the 2013 State Criminal Alien Assistance Program - **Resolution 0076-26** — passed: Authorization to accept donation of four (4) military conex shipping containers secured via Government Surplus through the Kentucky Fire Commission to be used at the Division of Fire training academy - **Resolution 0077-26** — passed: Authorization to accept donation of a military surplus M915 Line-Haul Tractor secured via Government Surplus through the Kentucky Fire Commission - **Ordinance 0131-26** — passed: Authorization for funding for the Idle Hour Trunk Sewer Remedial Measures Plan project - **Resolution 0078-26** — passed: Authorization to execute Change Order No. 1 (FINAL) with Walter Martin Excavating Inc. for Cardinal Lane Storm Water Improvements - **Ordinance 0132-26** — passed: Authorization to amend Section 21-5 of the Code of Ordinances, abolishing one (1) position of Public Service Worker (Grade 106) in the Division of Parks and Recreation - **Resolution 0079-26** — passed: Authorization to execute agreement with Aramark Correctional Services, LLC to provide food services for the Division of Community Corrections - **Resolution 0080-26** — passed: Authorization to approve purchase of additional inventory specialist services to be performed by OmniSource Integrated Supply, LLC for the Division of Emergency Management/911 under the Metropolitan Medical Response System--2012 grant and the Chemical Stockpile Emergency Preparedness Program (CSEPP) grant for FY 2013 - **Resolution 0081-26** — passed: Authorization to execute agreement with the Board of Education of Fayette County for the operation of preschool programs at the Family Care Center - **Resolution 0082-26** — passed: Authorization to execute Revision No. 1 to Cost Sharing Agreement with Transylvania University for sidewalk reconstruction along a portion of West Fourth Street - **Resolution 0083-26** — passed: Authorization to execute agreement with Berea College for a student placement program - **Resolution 0084-26** — passed: Authorization to approve agreement with Delaney & Associates (a sole source provider) for purchase of Flowserve WWR Rotating Assembly - Replacement parts for No. 1 Dewater Pump at Town Branch WWTP - **Resolution 0085-26** — passed: Authorization to execute agreements with other jurisdictions to participate within the Central Kentucky 911 Network (CKy911net) managed by LFUCG in partnership with selected vendors - **Resolution 0086-26** — passed: Authorization for the Department of Law to enter into necessary documents to settle PSC Case No. 2013-00167 (Columbia Gas Rate Case) - **Ordinance 0133-26** — passed: Amend Section 16-14 of the Code of Ordinances to clarify that special collections are in addition to regular pickup days --- ## Full transcript We're getting there. All right. I'll call the meeting to order, and first thing on the agenda is a public comment. Public comment for issues on the agenda. Mr. Mundy says no one signed on for issues on the agenda, so that allows us to move on to docket approval. Is there a motion? and then I'll ask for walk-ons. Is there a motion to approve the docket? Move approval. Second. Motion by Council Member Farmer, second by Council Member Ellinger. Is there any discussion? I believe there's a couple of walk-ons. Council Member Beard, welcome back. Thank you, Mayor. Yes, sir. I have a couple of walk-ons. First, I move to place on the docket a resolution authorizing and directing the Division of Traffic Engineering pursuant to Code of Ordinances Section 18-46 to designate Hiltonia Park as being prohibited to three trucks and authorizing and directing the Division of Traffic Engineering to install proper and appropriate signs in accordance with the designation. Second. It's a motion by Council Member Beard and a second 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. One more. All right, sir. I move to place on the docket for the November 7, 2013 Council meeting a resolution authorizing and directing the Division of Traffic Engineering pursuant to Code of Ordinances Section 18-86 to install multi-way stop controls at McDonald Avenue and Shady Lane. Council Member Beard, seconded by Council Member Farmer. Is there any discussion on the motion? All right, then. Hearing none, we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. All right, we're back to the thank you. Thank you, Council Member Beard. Council Member Kay, do you have a? Council Member Kay. Council Member Kay. Thank you, Mayor. I move to place on the docket for the November 7, 2013 Council meeting a resolution authorizing the Mayor to execute a memorandum of agreement with Farm and Garden Market Cooperative Association, Inc., doing business as Lexington Farmer's Market to extend the use of the Cheapside Park Fifth Third Bank Pavilion and adjoining property as a farmer's market in order to operate year-round. So move. Motion by Council Member Kay and a second by Council Member Clark. 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, Council Member Kaye. Vice Mayor Gordon. Thank you, Mayor. Council Members, last week you were emailed from my office a memo with a draft ordinance that relates to the Emergency Medical Advisory Board, And that board is, it more or less meets to oversee paramedic and emergency management issues. And the Lexington Fire Department is in the midst of getting the accreditation for the paramedic program. And so in order to do that, they're required by the accreditation, the national accreditation folks, to add four categories of people to their board. And so I sent you that last week, and then you've got the same memo with the draft ordinance in front of you. and I'd like to go ahead. I didn't hear any response last week, so I'd like to go ahead and move to place an ordinance amending subsections 8C-13-1 and 3 of the Code of Ordinances of the Lexington Fayette Urban County Government to provide for 20 members and to add two members of the Division of Fire and Emergency Services who shall be appointed by the fire chief, one paramedic member of the Division of Fire and Emergency Services who has successfully graduated from the Division's paramedic training and education program who shall be appointed by the fire chief, one member of the faculty of the paramedic program who shall be appointed by the fire chief, and one student member of the paramedic program who shall be appointed by the fire chief to the Emergency Medical Advisory Board. So moved. Second. Motion by Vice Mayor Gordon and second by Council Member Kaye. 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. Thank you, Vice Mayor. All right. We can now vote on the original motion, unless there's further discussion. All right. All in favor, please say aye. Aye. Opposed, no. Motion carries. All right. Moving on, is there a motion to approve a summary? Move approval. Motion by Vice Mayor Gordon, seconded by Council Member Massati. Is there any discussion on the motion? All right. Hearing none, then we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Next is budget amendments. Is there a motion? Move approval. Second. Motion by Council Member Beard, second by Council Member Henson. Is there any discussion on the motion? All right. If there's no discussion, then we can take a vote. All in favor of the motion, please indicate by saying aye. Aye. Opposed, no. Motion carries. All right. It allows us to move on to new business. Is there a motion? Move the approval. Second. Motion by Council Member Stennett, second by Council Member Farmer. Is there any discussion on the motion? Council Member Stennett. Thank you, Mayor. I had a question on item E, as in Edward. This is in regards to the Eidolard Trunk Sewer and Meadal Measures Plan project. And I know, I understand what the project is, but where we're getting the money, can you inform the council, be a little more specific where the funding is coming from and why? Fund balance, Charlie. Which fund balance, general fund or urban services fund? All right, Mr. Martin, Mr. Charlie Martin is coming to the podium. Thank you, Charlie. Sewer user fee fund balance. Okay. Not general fund. We're just trying to get out of the way. This was a project, obviously, we plan to do in the future before the Senior Citizen Center was even discussed. It was going to be going right under where this building is proposed to be, so we're just moving up the project using the same funding that we intended to use as part of the remedial measures plan. Okay, so it would not come out of the bond we've already done for the Senior Citizen Center, is outside that scope of work. Precisely. Great. Very good. Thank you. All right. Thank you, Council Member. Council Member Stanton. Is there any further discussion? Yeah. Hold on, Mayor. I'm not done. All right. Sorry. On item H, this is the contract for the food vendor at the detention center, and I believe Director Baller, I saw him run in. This is for the offender population only. Can you give us some details about it? This has nothing to do with our employee. East does it. It does. A little bit of both. Good afternoon. We're in the process of finalizing our contract with Airmark. Thanks to the collaborative effort of purchasing, we were pretty innovative in offering a 10-year contract to Airmark. The other thing we did was we locked in our contract for the next five years, so I can predict my food costs for the next five years, to a savings of $1.3 million to the government. Hold on. Say that again. You kind of brushed over. How much? 1.3 million. Over five years? Yes, sir. And we did it a couple ways. One, we went with the heart-healthy menu. Lower salt, lower sodium, more chicken, more turkey, less red meat. We increased the calories from 2,400 a day to 3,000 a day. We went from one hot meal a day to two hot meals a day. Because if you know anything about lunch meat, lunch meat is very expensive. It's actually cheaper to fix a dish than it is to serve lunch meat. So we all save money. Going to the ODR, we increase our hours of operation, which makes it more convenient for the staff, and it will be used more. Okay, because in our packet, I just want to ask, it's a 10-year contract or eight? It's eight years with two-year renewal. Okay, but it's guaranteed the price for the first five of the eight. For the first five years, it's guaranteed, and then it's the CPI for each year thereafter. Fair enough. Very good, sir. Thank you for being here and thank you for explaining that. Thank you, Director Ballard. Thank you, Council Member Stennett. Council Member Scutchfield. Director Ballard, I'm sorry. Thank you, Mayor. Yeah. Because it is such a large amount, do you have an approximate cost per meal that it kind of averages out to? I mean, I realize we have to feed them. Our current contract today is $1.23.9 a meal. As soon as you sign the contract, it will go to $0.964 a meal. In FY15, it will go to $0.99 a meal. And then in the final year of the fixed pricing at $1.18, it's $1.07. Thank you. Today we're paying $1.23.9. Well done. Thank you. Thank you. Thank you very much. two-year extension. That was a really long contract. We still got the out clauses. I can get out in 30 days if they're not fulfilling the business. So we changed it. We told our vendors we were looking for a long-term partnership, sharpen their pencils, and come to the table. And because of the hard work in purchasing and our team at the division, we put a good RFP together and got a good price. The other thing I failed to mention to you, the vendor is going to give us $90,000 worth of new equipment, free, in addition to the savings we have here today. All right. Thank you, sir. Thank you. Todd, thanks. I think the operative language there was collaborative effort. All right. So Council Member Henson. Thank you, Mayor. I just wanted to comment on this because I served on that RFP, and I have to commend and Director Ballard for doing such a fabulous job, because not only is it a real cost savings, I think that there's some care and effort went into the health of the inmates. So thank you, Mayor. Thank you, Council Member Henson. All right. Anyone else wish to speak on new business? All right. All right. Then hearing done, we can take a vote. All in favor of the motion, please indicate by saying aye. Aye. Opposed, no. Motion carries. All right. Allows us to move on to continuing business and presentations. We have a number of report outs, but first is the NDF. Is there a motion on the NDF? Second. Motion by Council Member Ellinger, second by Council Member 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. And next is a summary of the special public safety meeting on October 15th by Councilmember Peggy Henson. Thank you, sir. A special public safety committee meeting was held on October 15th. The first item on the agenda was the approval of a summary. The only other item on the agenda was the tenant transition and household disposal. There was quite a bit of discussion on the issue. The Director of Management, Steve Feast, came to the podium and asked by committee at a previous meeting to present a plan for overflow bulky item pickup. He stated a cost of $3,763,000 to provide a 24-hour response. The other obstacle would be the 23 truck driver vacancies that are a struggle to fill. Council Member Ford, who placed this item in committee, said he would like to focus to be on Ordinance 16-14, which are special collections. This section has not been updated since 1999. He also stated that a 24-hour response is impractical. CM Ford asked Mike Saner with the law department to come to the podium. Mr. Saner stated that there is confusion regarding special pickups being a separate day from regular collections. He proposed changing the language in the ordinance by adding in addition to the regular pickup. A motion was made by Council Member Lane to discuss and consider the revised language of Section 16-14 provided by Attorney Mike Sainer. Again, there was a considerable amount of discussion on the motion, and one big concern that was raised was the cost of labor to implement the change to the ordinance. Council Member Ford said it is not a change to the ordinance, but a clarification. And this item will remain in committee for continued discussion. That concludes my report. All right. All right. Thank you, Councilmember Henson. Next is the Economic Development Committee of the Whole summary. Councilmember Beard. Thank you, Mayor. Excuse me. The Economic Development Committee as a whole met on October 15, 2013. I called the meeting to order at 1.02 p.m. All members were present. The April 23, 2013, Committee Summary, on a motion by Scutchfield, and second by Gorton, The summary of the 7-9-2013 Economic Development Committee of the Whole meeting was approved unanimously. This is going to go on for a while. We then asked Commerce Lexington to come to the podium. Jenna Greathouse represented Commerce Lexington and gave us a picture of the activities and such that they have done to further economic development. They did an economic development simulation, which was very popular. The Bluegrass Business Partnership was awarded with a bronze award for its Art of the Deal. While Bingham chose Lexington for its Global Services Center, they also received a bronze award for its SBIR-STTR rent subsidy incentive program. The Great House stated that during the quarter they had eight site visits, met with 42 prospects and 43 existing visits. She stated that NOH, I wish I knew what this meant, NOH MS announced 162 new jobs for Fayette County with an average yearly salary of $60,000 and a capital investment of $5.4 million. Great House summarized the breakdown of the 42 prospects by sector, including 12 in high-tech, 10 in manufacturing, 7 in business and professional, 4 in headquarters, 3 in biotech, 3 in distribution, 2 in call centers, and 1 in the research and development sector. The Great House stated that Ms. Billy Peevler was retained as Executive Director of the Business and Education Network. Tyrone Tyree discussed the minority business development efforts for Commerce Lexington. He stated that during the first quarter of the accelerator, the accelerator reported over $3.4 million in contracts and general business. He also announced that Michael Stewart with Fayette Window Cleaning was named Minority Business Person of the Year. Council Member Lawless thanked Great House for her efforts. Great House stated that it was a team effort involving both the public and private sector. Councilmember Akers congratulated Michael Stewart and the Fayette window cleaning on the award our next to the podium was Renee Jackson with the downtown Lexington she gave a presentation showed a video on the merits of establishing a management district for downtown Lexington. She stated the DLC is leading the effort to establish the district. She stated that the management district is equivalent to a homeowners association. She stated that it supplements the services offered by the city downtown, including beautification, downtown promotions, programming, and a downtown ambassador program. Jackson stated that the district will be supported by 10 cents per $100 property tax on the downtown properties. In response to a question from me, actually, Jackson stated the only property owners are allowed to vote on the proposal. she stated that 33% of the owners representing at least 51% of the value of the affected properties will need to support the petition of Everett for the district proposal to be brought before council. In response to a question from Council Member Lane, Jackson stated that the tax would generate about $285,000 annually. Lane stated that many tenants are unenthusiastic about the proposal because as tenants they can't vote on the proposal, but any assessment would be passed along to tenants from the property owners. Council Member Ellinger asked Jackson about the process of establishing the district. In response, Jackson stated that the process is driven by Kentucky revised statute. She stated that in order to be enacted at least 33 percent of the property owners representing at least 51% of the property value, must sign a petition in favor of establishing the district. She stated that once that threshold is met, she will deliver the petition to the council and the mayor. She stated that the council would then have the power to establish the tax district. Jackson stated that at present 26% of the 226 property owners representing 45% of the downtown property value have signed the petition. In response to a question from Council Member Ellinger, Jackson stated that 16 property owners representing about 30 percent of the property values have stated their opposition to the district. Council Member Lawless stated that the city could potentially benefit from the district. In response to questions from Council Member Lawless, Jackson stated that about 18 percent of the property downtown is residential. This was a long meeting, as you can guess. Councilmember Stenit asked Jackson how they're responding to the opposition that this is another tax plan. In response, Jackson stated that supporters are viewing this as an investment, not another tax. She also stated the management districts in other cities have enhanced the quality of life. Council Member Lane stated he would be concerned about the fairness of tax-exempt properties like LFUCG not paying the property tax. In response, Jackson stated that the tax-exempt properties can opt in and pay a fee. Jackson discussed the sunset provisions of the district. Council Member Akers discussed the merits of the management district in other cities. In response to a question from Councilmember Akers, Jackson stated that districts and other cities have a 35 to 40 percent opt-in of tax-exempt properties. Jackson stated that the goal for this district is 15 percent of the tax-exempt properties opting in. In response to a question from Councilmember Massadi, Jackson discussed the timeline and process to obtain necessary support from property owners. council member meyers asked about the makeup of the district board in response jackson stated that a 15 member board of directors will be appointed by the mayor the board will include 10 members who own property or represent property owners the mayor and dlc director and three district council members are also appointed to the board jackson stated if successful the district takes effect January 1st of 2014 which is right around the corner with convinced commencing work on July 1st 2014 in response to questions from Councilmember K Jackson discussed the district boundary and criteria used to set the boundaries in response to a question from acres Bob quick stated that Commerce Lexington is supportive of this initiative. Nathan Dickerson spoke in favor of the Jobs Fund on behalf of the Progress Lexington Action Fund. We're almost there. Not quite. Thank you. Collaborative Economic Development Activities. Kevin Atkins, who's our Economic Development Director for the city, reported that his office has started hosting the collaboration meetings with the Economic Development Partner Agencies. Atkins introduced Mayor Gray, who discussed the Lexington Jobs proposal. Gray stated that the $2 million program would include support for gap financing and loans earmarked for high-tech research companies. He stated that the program would target local companies and SBIR companies that add jobs to the local economy. Gray also discussed the clawback provisions of the loan program. Jim Parsons discussed details of the jobs program. Very introduced Nathan Ball, president of, you'll have to help me on this matter, NOHMS. I don't exactly know how to pronounce that. He spoke in favor of the jobs proposal. The meeting was adjourned at 3.12 p.m. As you can guess, it was over an hour, as was this. Thank you, Council Member Beard. All right, next on our agenda is the Vice Mayor Gordon with the Special Committee of the Whole Table of Motions for October 10th and then 15th and 22nd. Thank you, Mayor. I could have brought 30 motions. However, I didn't think that would be very efficient. And so I've given each of you one sheet that at the top says Fund Balance Allocation Summary. And these are all of the allocations from, as the mayor said, October 10th, 15th, and 22nd. We started with $14,976,300. We ended with $8,740, and everything in between on your list is what the Council voted to allocate. So I move that we approve and move forward the final allocation list from the fund balance, and the numbers are all on the sheet for, I guess these would go on the docket. Second. Motion by Vice Mayor Gordon, second by Council Member Farmer. Is there any discussion on the motion? All right. Hearing none, then we take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Thank you. Thank you, Vice Mayor. All right, that allows us to move to the Budget and Finance Committee Summary from the October 22nd meeting by Council Member Allinger. Thank you, Mayor. The Budget and Finance Committee met on October 22nd in an abbreviated meeting. We started at 232. We had three items on the agenda. The first one, we approved the October 1st Committee Summary. The second was the monthly financial report. Mr. O'Mara provided the monthly financial report. He discussed several economic indicators. He stated the unemployment rate and other indicators were heading in a positive direction. Melissa Looker stated that the actual revenue was about $818,000 ahead of the general fund budget through September. She also stated that actual expenses were about $2.3 million below budget through September, along with a positive variance in transfers for a positive variance of $3.3 million. The final item in the committee was the risk management review. Patrick Johnson discussed the role of risk management. He stated that the goal was to protect assets and resources while reducing risk costs. He discussed excess insurance premiums, LFUCG, loss trends, auto damage, and liability, general liability property damage, and workrooms comps claims for the past several years. The last item was the fiscal year 15 links. We decided to defer that until the November meeting. However, we did decide that we were going to keep the links memberships as the same to add continuity for next year. We adjourned at 255. Thank you, Mayor. Thank you, Council Member Ellinger. All right. And next on our agenda is a presentation by Susan Pluger of our Division of Water Quality on Land Use and Watershed Management. Welcome, Susan. Thank you. I knew there was going to be a problem. Thank you, Mayor and Council. It's good to be here with you all today. I serve in Division of Water Quality as our MS4 Permit Coordinator with the state, and I also work on water quality issues related to compliance with the consent decree. And as part of that, one of our requirements is to come to Council every year and provide a presentation on land use and watershed management. We utilize this time to really give you all a status update on our water quality program in general, So if you all have any questions about that, I will certainly try to answer those, or if not, I'll get you information about anything, questions you might have about our water quality program. But I'm really only going to talk about, I'm going to be brief and just discuss two major issues that are coming up in the future related to our water quality program, and that's the status of our municipal separate storm sewer system permit that we have with the state and then upcoming revisions that will be required as a result of that permit to our engineering manuals. And we have a five-year permit with the state that expires in August of next year, and it allows us to discharge our urban stormwater runoff to waters of the Commonwealth. Town Branch, Cane Run, Elkhorn, Hickman, all of our creeks are waters of the Commonwealth. This permit has 167 different measurable goals for preventing and reducing pollution and stormwater runoff. And here's our management program that encompasses all of those goals. It's got 11 different categories. As you can see there, we need legal authority, obviously, to meet the requirements of the permit. We do watershed assessments. We do public education and involvement. We look for illicit connections into the storm sewer system or spills. erosion and sediment control program. Number seven, pollution prevention in residential and commercial areas isn't very well. It's hard to understand what that is from the wording, but it's your permanent stormwater controls on developed sites. For example, water quality treatment units that would go into a commercial facility that's there in perpetuity to treat the stormwater runoff from that site. Municipal operations obviously have a significant water quality component, and then our high-risk industrial and commercial facilities. And then, of course, we do water quality monitoring all of the time throughout the year on multiple parameters in all of our streams and on our outfalls. And then we, of course, have record-keeping that's required by the state. Now, this program is large. It encompasses multiple divisions and a lot of staff. We do about 10,000 inspections every year. That's five inspections every working hour. So that's a significant amount of staff time to keep us in compliance with the permit. Now, we're currently in our fifth year of the permit, and we are conducting a review of each of the permit elements because we want to continually improve in our effectiveness and efficiency with this program. So Tetra Tech is our program manager for our MS4 permit, and with them, we are conducting this review. So basically, we're kicking the tires, we're opening up the closet door, We're looking to see what's at the back of the closet, not just what's at the front of the closet, to make sure that we're in compliance with doing what we're supposed to be doing and that we're doing it the best way that we can. The second thing that we're doing in this fifth year of the permit is that we're evaluating all of these measurable goals because some we've completed, some need to be altered, some need to be added. And so we've engaged our Stormwater Stakeholder Advisory Committee in doing that for this next permit cycle. So we're currently holding meetings related to those goals. And then we will submit for renewal by March 1st. Our Stormwater Stakeholder Advisory Committee is made up of 35 different stakeholders. Peggy Henson serves, and we appreciate her service on our committee. And you can see there we've got UK, Kentucky Transportation Cabinet, public schools. We've got Commerce Lexington has six different seats on this committee, realtors, home builders. Then we have Fayette Alliance, Neighborhood Council, Friends of Wolf Run, and so on. and so we have a large group of people who are involved in providing us input and feedback to our MS4 program. Now, we do have a pending stormwater rule from the EPA, which is actually very important not only to us but all municipalities in the country who are regulated under these rules. The way it works is that the EPA stormwater rule is set at the federal level. It goes to the states. The states must reflect that rule in all MS4 permits. They can even reopen an active permit in order to put new things in. So we realize that we need to keep up to date on what's happening with this rule, and we know that it's probably going to include standards for redevelopment, and it's also probably going to require use of green infrastructure to retain a certain percentage of runoff from new development sites. We're not sure. It's still under legal review, and it has been for years. It's been held up in court, but we expect something like that will come out. And I wanted to mention that to you all as far as green infrastructure and how that plays in. First off, what is green infrastructure? And it is a method of managing stormwater where you try to mimic the pre-development condition. So instead of letting it all run off and just treating it and then sending it on its way, instead you try to capture it and infiltrate it into the ground or use plants to evapotranspirate it or reuse it So the examples there of permeable pavement, of rain gardens or rainwater harvesting or vegetative roofs would all be examples of green infrastructure. Now, the EPA, in the consent decree and in our MS4 permit, put in several things related to green infrastructure moving Lexington in the direction of using more of it. So we could see that back in 2010 where we were required to remove barriers to green infrastructure through text amendments to the subdivision rigs. And the second thing we were required to do was to do a demonstration project. So that was in the consent decree, a supplemental environmental project. We had to do at least $230,000 of green infrastructure projects. But we had the incentive grant program, which I know you all are very aware of, and we utilized that program to meet that consent decree requirement. Coca-Cola and Ross Tarrant Architects on Old Lafayette, both of those projects met that requirement. So we were required to remove the barriers and then demonstrate green infrastructure and then develop guidelines, which we did and published in September of 2012. And so we have standards. As you can imagine, we have karst areas where you may not want to infiltrate large amounts of water. We have infiltrating sanitary sewers where you don't want to infiltrate water. And so we have specific standards that have to be applicable to our county and our conditions, and we are aware of that, and they're in those guidelines. and would eventually be folded into our stormwater manual. So here's a couple of examples. We actually have about 30 privately funded green infrastructure facilities or sites with green infrastructure in Fayette County being done through the new development and redevelopment process. I could spend five minutes going through slides of those, but I only picked three sites for brevity. But this is Easter State Hospital. This is a detention basin. But in addition to a detention basin, it's also a bioretention or a very large rain garden where they incorporate plantings and soil media into the basin for water quality. This is Rod Hatfield Chevrolet on New Circle. I don't know if you all have seen that. It's very recent. They added a whole area there to showcase cars right along the road. And this shows it much better. These are all permeable pavers. So when it rains, the water flows into the cracks between the pavers, which are filled with washed stone, and it goes straight down into a stone, a washed stone subbase. So it does not flow off from that area at all. And this is a north side RV on North Broadway. Almost an acre of porous asphalt was utilized for an addition for their storage area. And it looks like asphalt, but when you get out there, if you pour a bucket of water on it, it goes straight down, straight through it into, again, a washed stone base. So that eliminates the need for detention. It eliminates the need for water quality treatment because it's all taken care of in the design of the engineer pervious surface. So again, the status of our permit, this is an important year for us. It's the fifth year we're doing this internal review. We're going to apply for the renewal, and we expect that we'll have a new five-year permit that will take us through 2019. Now, the second item up there I had not mentioned was that the state comes every two years for an inspection of our MS4 permit program. They came on Halloween last year, and it went very well. There was no trick-or-treating, so it was all fine. And, no, they said we were in compliance with our permit. We were making continual improvement. I think it was a very positive inspection, and we want to continue that in the future. I just have a couple slides on this, and I will be done. But as far as the engineering manuals, particularly the procedures manual and the stormwater manual, they need to have modifications, number one, related to the fact that we've had tremendous change in our government organization since they were originally written. Division of Sanitary Sewers no longer exists. And so they need to be modified to reflect our current organization and also the role and responsibilities that we have within government staff now. And, of course, our new permit requirements need to be reflected. The new standards for green infrastructure practices, many of which are not currently in our manual, need to be folded in. And then we need to do some clarifying on design and submittal requirements for development and make it consistent. So our schedule for that is, as you might expect, that we're working on that internally. We're going to roll that out to our stakeholder committee in 2014, but it probably won't be finalized until after we know what is in our permit, which will be the fall of 2014, and then you all would see it at that time as a proposed revision to those engineering manuals. So that's all I have. But if you have any general questions or any questions on that, I'm happy to try. Thank you. Thank you, Susan. So the floor is now available for comments or questions, and Vice Mayor Gordon has signed on. Vice Mayor. Thank you, Mayor. I just want to thank you, Susan and Charlie. This is a big deal. And Susan has been one of Charlie Martin's workhorses for a few years now, and saw us through a lot of change with this water quality management fee and all the things that we have been through. And I just wanted to express my appreciation for all your hard work over there. Thank you. Thank you. Thank you, Vice Mayor, for that message. And Council Member Henson. Thank you, Mayor. Thank you for the presentation, Susan. and I agree with the vice mayor. I know you are a workhorse. I did have one question. Like the examples you gave of Rock, Hatfield, Chevrolet, and Bluegrass, is it Northside RVs, do they get a reduction in their water quality fee when they do this, right? Our water quality management fee for commercial areas, Class B parcels, is based upon the amount of impervious area that is on that parcel. These impervious concrete, impervious pavements are considered engineered impervious surfaces, and therefore they're not used in the calculation for the fee. Right. So that is one of the incentives for using those types of facilities, in addition to the fact that you can eliminate detention by incorporating it into that design. Well, this is great examples. Thank you again. All right. Council Member Massadi. Thank you, Mayor. Thank you, Susan, for the presentation. And number three, I'm sorry, number five, elicit discharge detection and elimination. Is that in reference to the sump pumps going into the sanitary sewer system, or is that something completely different? No, no. This relates primarily to pollutants going into the stormwater system. So some pumps is going to relate to removing, infiltrating our groundwater from the sanitary sewer system. Okay, because I know that's the question. It elicits a connection to the sanitary as opposed to the storm. It comes up a lot, and I just wanted some clarification. Thank you. All right. Susan, it looks like that's all the council members that have comments or questions. So thank you again very, very much. All right. There we go. All right. Next on our agenda is actually not on the printed agenda, but our clerk has alerted me to the need for a public hearing that has been appropriately advertised. It's for matters pertaining to changes in urban services. and Kevin Wente is here to share with us anything that we need to as far as that is just for context. I apologize, Mayor. This was an oversight on my part. Every year this pertains to the changes in urban service changes that happen on an annual basis. The process starts in August, and then by now you've actually seen the resolutions for newly developed residential and commercial properties being put into the appropriate tax district based on the services they are proposed to receive. We've gone through the first round. We've notified the public through three newspaper advertisements and then a mailing that has gone to each property owner that would be affected by the change. This is just based per Kentucky Revised Statutes to have an open hearing to allow people to address that particular topic. All right. Okay. Thank you, Kevin. So I will declare the hearing open at this time and ask anyone who wishes to speak on the change to present themselves. All right. I don't see anyone who is here to speak on this issue, so I will declare that the hearing is now closed, although Council Member Farmer has. So let me take that tape back about seven or eight seconds. And before we declare the meeting closed, I will give the floor to Council Member Farmer. Thank you, Mayor. I would just, by way of follow-up, I did have a call from a constituent today in the Table Lake area that one of these changes involves, and they were going to come and be supportive if they needed to be. I told them they did not need to be here, that this was a regular course of business for us, so it is something I and they support in the area. Thank you. Great. Thank you, Council Member Farmer. All right. Now I will declare the hearing closed. and that then allows us to move on to council reports any council member who wishes to speak please sign on electronically I saw council member stand it up okay council member Hanson thank you mayor I have a delivery for you you left the fall festival and you bought a piñata and I wanted, everyone really appreciated you coming there and I just wanted to give it to you right now. Is that right? My goodness. Hang it up. Wait till you see this. You all will love this. Is that a bro? I'm sorry. Uh-oh. There we go. Why you chose this chicken? I don't have any idea why you chose the chicken, but I thought it was really cute, really cute. It was the cleverest. Yes. All of them were great, though. You can put candy in it and let the kids in the neighborhood bang it up and get the candy. Put it right on the first floor, right? Put it right on the first floor. Thank you. That's a good idea. Go ahead, Vice Mayor. I just said let the council members beat up on it. Let's get a picture of one. We're going to stand right here. We can stand it down in front. Oh, gosh. Thank you, Council Member Henson. Anything else? That's it? That was a great event. It was a great event. Good turnout. Council Member Stennett. Thank you, Mayor. I wanted to put a place into the budget and finance meeting for discussion, the issue of refunding urban services property tax for the garbage, the street cleaning, and the streetlights. I know we've had a policy that's been monitored by the administration over the last several years. Some has been consistent. Some of it has not been. And I think it's time that the council weighs in and get a consistent policy going forward on how we're refunding the ones that we're able to refund. And sort of to what Kevin Winthie spoke about a second ago is why are we putting people in districts at the beginning of it, a tax district, when we know those services aren't there? The easy solution would be to put them in a district that has what they have today and then change it later once they get a street ladder, once they get street cleaning, et cetera. So I think this is a good discussion for the council to have. And included in that, I'd like to have a list of everyone who's getting a service, I'm sorry, everyone who's paying a tax and not getting a service under those three taxing districts. So I'd like to place that into budget and finance for review, the policy on refunding property taxes for the three urban services taxes, garbage, street cleaning, and street lights. So moved. Second. Motion by Council Member Sennett, seconded by Council Member Henson. Second. Is there a discussion? Second. I have a discussion. Vice Mayor Gordon. I just have a question. I know that we have our streetlight challenge. I did not know that people were paying for garbage pickup and not getting the service. Can someone illuminate? Well, that's why I'm putting it in the committee, so it's not to have the discussion today, but it is an issue. Is this big areas of town that are paying for garbage and not getting pickup, or is it individuals? I think that's for the committee. And they can bring those discussion items a list of who is paying it. Would you like me to address the question? I would, please. Effectively, with new development areas, the process begins when the new development plan is filed. And then subsequently there may be amendments to that plat to where we would see changes to where we'd have to make corrections. During the course of a community being developed or a neighborhood being developed, when the urban services process starts, there is a potential where any given street that is in a new development area could have, say, three-quarters of the houses developed. it goes into the urban services process and that process sees to where they've been rolled into a full urban service district where at the end of their development they are going to receive street lights, street cleaning, and refuse collection. So the process to which that time occurs to the time to which they're fully developed and are receiving those services, there might be some lag time to where those properties, even though they are in the full urban service district, may not be receiving that service. It sounds a little convoluted. I could probably put together a diagram that explains it a lot clearer than perhaps what I'm doing at this moment. But there is an instance where that may occur. Thank you. Thank you, Mayor. All right. Thank you, Vice Mayor. Is there any further discussion on the motion? All right. Hearing none, then we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Thank you, Mayor. Thank you. Council Member Scutchfield. Thank you, Mayor. I just want to say we do need to look at this because we have a lot of people. I know in my area I've had 20 calls over some issues just in the last two days with streetlights. It's not right that if we have constituents paying for services that they're not getting them, whether it's streetlights or anything else. And we need to get those installed. On another note, I did want to congratulate some Athens-Charlesburg Elementary fourth graders. Mike Sanner, who is one of the attorneys in the law department, is also this group of fourth graders cross-country coach. They are in their second year of meeting as a club team, and they placed sixth in the state this past couple, I guess it was two weeks ago, and I want to say congratulations to that group of kids. Thank you. Thank you, Council Member Scotchfield. Mike, right there. Mike's right here. All right. Thank you, Council Member Scotchfield. Council Member Ford. Thank you, Mayor. Members of Council, dear, I have three items I want to bring. Most of it is some cleanup items. The first item is in regards to the Elm Tree Lane sidewalk. We recently discussed this issue in the Planning and Public Works Committee. the committee decided not to close the sidewalk, but we also decided to ask the administration to bring back a development plan. I did have the fortune to go on site with Commissioner Paulson and Kevin Winty and look forward to seeing that. I think inadvertently the issue was removed from committee. I kindly remove it back into committee, so move. All right. Motion by Council Member Ford with second by Council Member Farmer. 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. Thank you, Mayor. Item number two is in regards to child care reduction. Back in January, Council Member Myers, along with other members of the community, Community Action Council, et cetera, brought the issue of state funding reductions to that program. And many of those reductions took place beginning in April. We're now starting to feel some of the impacts of those. And we sent a resolution down to Frankfurt. I would move to refer the impact of child care assistance program reductions to the Social Services and Community Development Committee. So move. Second. Motion by Council Member Ford and seconded by Council Member Myers. Is there any discussion on the motion? Hearing none, then we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Thank you, Mayor and Councilor. And lastly is the issue of the move-out ordinance, the tenant transition and household disposal. Council Member Henson, as the chair of the Public Safety Committee, we've heard this issue in committee I think at least twice with the most recent discussion in October that Council Member Henson reported on. At your desk is a copy of the clarification to the ordinance that, as you will see, It only calls for the addition of eight words, but these eight words really clear up to the benefit of our constituents what they are afforded in regards to special collections. And then also on that, you'll see my memo originally dated February 11 of 2013. In summary, per our informal task force work and our committee work, I'm satisfied that the landlords are doing what they're supposed to do, The constables are doing what they're supposed to do. Code enforcement is doing what they're supposed to do. The only issue that remains, and I've circled number three, relates to Chapter 16 of the Code of Ordinance in regards to solid waste. Kind of not certain how to proceed, so I'll just kind of go forward. In my belief, this issue only pertains to public safety, and hence is in the Public Safety Committee as it pertains to special collections. Special collections that are unaddressed and unmitigated continue to be a public hazard on our right-of-ways. And I know that there is some concern in regards to the response, but I contend to the council and to the mayor and the administration that we have an ordinance on the books right now that's not being followed. So I want us to take action on cleaning up the ordinance. I believe it stands there. So with that said, I move to place on the docket for the November 7, 2013 Council meeting under first reading ordinances. An ordinance amended in Section 16-14, Item C of the Code of Ordinances. So moved. Motion by Council Member Ford. Second by... There was a duel there. Council Member Farmer, you got the last one. Is there any discussion on the motion? Council Member Stenet. Thank you. Council Member Ford, I know Council Member Henson read out our committee meeting. I know this was presented at the committee. The issue is still in committee. We didn't discuss or make a motion on this at our last committee meeting, so are you bringing it forward without the committee's consent? Well, as I see it, and that's a great question, and I'm asking the Council's indulgence and patience in this regard, but I think that this is something that we can take care of now. I know that as we go into the holidays, the committee is not scheduled to meet again until January. I also know that there are some operational issues as it pertains to the report that was brought forth by Director Feast and Waste Management. However, I contend, just as the council member that initiated this whole process, is that we can fix what we can fix now. And I do ask that we go ahead and make these clarifications of these eight words in the ordinance as it pertains now. The issue still needs to be addressed operationally. And as we go forward, Council Members, I contend that the Public Safety Committee perhaps is not the best form for that discussion about how the administration proceeds operationally. So I am asking that we move forward. I think that actually if this goes forward, the Public Safety Committee's work will actually be done with this issue as we look for an administrative alternative. Just this afternoon, just this morning, Vice Mayor Gordon, with her leadership, brought forth our legislative attempt on the qualified adult benefits package with the intent that the administration is going to come forth with a policy to address it. In a lot of ways, this is the same way. Legislatively, we're just cleaning up the ordinance, working towards an operational solution to come forth. Sorry about the long answer. No, and I appreciate the long answer, and I don't disagree with the changes. I just am very respectful and mindful of our committee process, and there are some council members that hadn't really weighed in on this and understand the impact. Also, I want to make sure that the director of solid waste or waste management is here, and they are not all the acting commissioners here, and I'm not even sure if he even had a chance to see it. But I want to make sure that if we pass this, we can enforce it, because right now I'm aware of a situation in solid waste that's not healthy for the workers, and it's not healthy for us in picking up bulky items because we don't have enough transportation to do so right now. So if we pass this, what other burdens are we placing on solid waste, and what other things do we need to be aware of that could happen and be prepared to address? I just don't want the ripple effect, and that's sometimes in the committee discussion. We have those good discussions, and we had one at the last meeting. I don't mind moving it forward, but I'd like to have the director weigh in on this and the impact of it. Well, just in response, I want to speak to the burden. One of my reasons for bringing this forward is to mitigate the burden that this perhaps will place on the Public Safety Committee. Again, this is only a public safety issue as it pertains to special collections, and it kind of clears that docket there. Attorney Sander is here, and I don't know if he can answer any questions as it pertains to just these eight words that we're placing into the ordinance. Wait, wait, okay. Let's see. Dial back just a little bit while Mr. Sander is coming. Council Member Ford, did you make the motion? I'm having to remember here. I made a motion. We've got a second. Council Member Farmer? All right. Okay. Mr. Sander? What was discussed in the committee meetings was that 1614C, there was some ambiguity about how it could be interpreted. There was confusion as to whether your special pickup was the same as your regular pickup day or whether your special pickup was in addition to your regular pickup day. So I was asked to clarify the ordinance so that it was clear to everyone reading the ordinance that the special pickup is in addition to your regular pickup day. So it really wasn't a change in the law. It was just a clarification so that everybody could understand it. That's correct. Thank you, Attorney General. Mayor, in closing, and this goes to Council Member Simmons' point, this is a great discussion in work session, is that these eight words place no additional burden operationally on the waste management that exists right now. If anything, all it does is clarify. The code of ordinances right now already calls for what should be done in regards to the delivery of special collections. So this doesn't place any additional burden. If it does anything, it does clarify and make crystal clear the legislative intent of this ordinance that was most recently adopted in 1999. Thank you, Mayor. Thank you. Council Member Henson, wishes to comment. Thank you, Mayor. I agree with Council Member Ford that we just needed some clarification in this ordinance. And it doesn't, there are still issues within waste management that need to be addressed, such as, in my opinion, if I'm a property owner and I have a tenant that I set out or that just moves out, it is much cheaper just to pay the $25 fine than it is to rent a dumpster. So I think there are multiple things within waste management that needs to be looked at, but I do agree with this clarification on this ordinance. And maybe public safety is not the appropriate place, and I kind of agree with that. Maybe environmental quality would be more suited. But we'll work that out. But I do agree with this change. Thank you. Thank you, Council Member Henson. All right. So is there any further discussion on the motion? Council Member Lane. Yeah, I concur. Maybe this should go back into committee. And for one reason, I think this is more of a management issue than it is a legislative issue. We have the capability to manage this better. I think that's where we're falling down right now, a better system of picking up bulky items to have it coordinated better. Thank you. Council Member Lane. Any further discussion on the motion? All right. Council Member Myers. Thank you, Mayor. I agree with Council Member Ford and the committee chair that this is just a clarification of the ordinance that's currently on the books and that that's legislatively where we begin. And as everybody has said, we can continue to work out what needs to be worked out operationally. So I'm going to support the motion. Thank you. All right. Thank you, Council Member Myers. If there's no further discussion, then we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Thank you, Mayor. All right. All right. The motion carries. All right. Thank you, Council Member Ford. Council Member Massadi. Thank you, Mary. I just want to have a meeting announcement tonight. There will be a public safety crime prevention meeting at Southern Heights Church, which is located at 3408 Clays Mill Road, starts at 7 p.m., and it's open to the public. Thank you, Mayor. Thank you, Council Member Sidi. Council Member Lane. Thank you, Mayor. I've already said my piece. Thank you. All right. Council Member Myers. Thank you. I have two. Thank you, Mayor. All right. Council Member Kay. Thank you, Mayor. I just want to remind Councilmembers that there will be a workshop Thursday afternoon at 4 o'clock on design standards, design excellence task force. It's a fairly complex subject. It's a lot of material and background. I hope people will be able to attend so that we can address the issues and concerns that you might have. Thank you, Mayor. Thank you, Councilmember Kay. All right. That's all the Councilmembers signed on for Council report. That allows us to move to the Mayor's report. Is there a motion to approve? Move approval. Motion by Vice Mayor Gordon, second 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. Just quickly, I would like to, before we go to public comment, I'd like to welcome Aldona Valicente, who is our newly appointed and confirmed by the Council Chief Information Officer for the city. I'm going to quickly in 20 seconds say that she brings an enormous resume to this role and this job, and we're not only lucky but fortunate that we could recruit her, and the bonus is that she lives right here in Lexington. So, Aldona, thank you so much. Thank you very much. You bet. Thank you. All right. Next on our agenda is public comment for issues not on the agenda, and Mr. Mundy says no one has signed up. So that allows us to move to a motion. Do I hear a motion for adjournment? A motion by Council Member Stenet and a second by Vice Mayor Gorton. Unless there is objection, we are adjourned. Aye, aye, aye. Thank you.