Music guitar solo guitar solo guitar solo guitar solo guitar solo guitar solo We'll be right back. Thank you. Thank you. First on our agenda is the roll call, and I'll ask our clerk, Deputy Clerk Martha Allen, to please call the roll. Mr. Lane? Here. Ms. Lawless? Ms. Masati? Mr. Myers? Ms. Scutchfield? Mr. Stinnett? Yes, ma'am. Ms. Akers? Yes. Mr. Beard? Present. Mr. Clark? Here. Mr. Ellinger? Here. Mr. Farmer? I am here. Mr. Ford? Here. Ms. Gordon? Here. Ms. Henson? Here. Thank you. Excuse me, I am here. All right, thank you, Madam Clerk. All right, next on our agenda is the invocation. I'd like to introduce Chaplain Elaine Greer, who is with us tonight from the Baptist Health of Lexington. Thank you, Chaplain. Thank you. Would you pray with me? Loving and gracious God, you are the giver of all good gifts. Thank you, God, that we have the privilege and the freedom to gather together in this place to discuss matters of such great importance. Guide our hearts and minds in discussions and decisions this evening. Let our thoughts and our words be focused on justice and good. And grant us the humility to always seek your will in all that we do and say. Amen. All right. Thank you, Chaplain. Thank you so much. Next on our agenda is I'll ask for a motion to approve minutes from the June 19 and August 14 council meetings. It's a 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. All right. Next is a presentation, and I have a presentation. I'll come around to the podium. This is a recognition especially of our Irish community in Lexington. So let me give you a little context. Each August, young women of Irish descent travel to County Cary, Ireland for an international competition to select an ambassador for the worldwide Irish community. And that ambassador is referred to as the Rose of Tralee. The Rose must exhibit hard work, intelligence, and serve as a role model for Irish people around the globe, celebrating Irish culture and history. In Lexington, of course, we're proud of our history and our culture, including the Irish immigrants that helped to establish our horse industry and the masons that built our limestone fences. This year, we are very proud to have our first ever Rose. Kentucky joined the Irish Rose with our inaugural competition. And not only is the first Kentucky Rose from Lexington, but in May, she was selected to compete as a finalist. Claire Curran traveled twice this year to Ireland to represent Kentucky to compete in the contest, and we're very proud of how she represented all of us. So now on behalf of the city, I would like to recognize Claire Curran and ask her to join me up here for the presentation of a proclamation. What this does... And what this proclamation says is simply that I, Jim Gray, as mayor of Lexington, in recognition of Claire Curran, Kentucky's 2014 Rose, and a finalist in the 55th Annual International Rose of Tralee competition held each year in Ireland, do hereby proclaim Thursday, August 28, 2014, as Claire Curran Day in Lexington. Thank you, Claire. Thank you so much. A few remarks. Well, I didn't come prepared for anything, but thank you so much. I'm so honored to be here. And more importantly, I was more honored to represent Kentucky in an international festival. And I was so proud to see the Commonwealth of Kentucky flag flying next to all these international flags. So I was very excited to be there. And I did not expect this. And I want to thank you all for all that you do. I'm a public servant myself. I work for the Department of Revenue. So I want to thank everyone for all that they do for our community, and thank you for having me here today. All right. Before the second reading of ordinances, we have a public hearing for ad valorem taxes. And let me read this, if you will, please. House Bill 44 set requirements for citizen input on ad valorem tax rates. These hearings are required in compliance with that law for all rates that exceed compensating rate. This year, only refuse collection, streetlights, and soil and water conservation district. The compensating rate is a rate that produces approximately the same amount of revenue as that produced in the preceding year. That's not including or excluding new property and personal property. Advertisements of these rates were published in the Lexington Herald-Leader on August 15, 2014, and August 18, 2014. So I will now declare that the public hearing is in session. Are there any comments from the public related to the ad valorem taxes? All right. Are there any comments from council members? All right. Then I will now declare that the public hearing is closed. And this allows us to move on to a second reading of the ordinances. Madam Clerk, when you're ready. If you'll please read ordinances 1 through 10. Ordinance number 1. An ordinance amending section 2 of ordinance number 57, 2014, changing the position of heavy equipment technician, grade 113N, in the Division of Facilities and Fleet Management, from unclassified civil service to civil service. Number 2. An ordinance amending section 2152, the code of ordinances, abolishing one position of administrative specialist senior, grade 112N, and amending Section 2252 of the Code of Ordinances, creating one position of administrative specialist senior grade 112N in the Office of the Mayor appropriating funds pursuant to Schedule No. 6, effective upon passage of counsel. Number three, an ordinance amending Section 2152 of the Code of Ordinances abolishing two positions of treatment plant operator apprentice grade 107N and amending Section 2252 of the Code of Ordinances, creating one position of treatment plant operator apprentice grade 107N in the Division of Water Quality appropriating funds pursuant to Schedule No. 7, effective upon passage of counsel. Number four. Custodial Worker Grade 102 N and creating one position of Administrative Officer Grade 118 E, both in the Division of Facilities and Fleet Management, appropriating funds pursuant to Schedule No. 8, effective upon passage of counsel. Number 6. An ordinance amending certain of the budgets of the Lexington Fayette-Irban County Government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds. Schedule No. 4. Number 7. An ordinance levying ad valorem taxes for municipal purposes for the fiscal year July 1, 2014, through July 30, 2015, on the assessed value of all taxable property within the taxing jurisdictions of the Lexington Fayette-Urbic County government. All taxes on each $100 of assessed valuation as of the January 1, 2014 assessment date as follows. General Services District, $0.800 on real property, including real property of public service companies, $0.931 on personal property, including personal property of public service companies, non-commercial aircraft, and non-commercial watercraft, $0.1500 on insurance capital, $0.0150 on tobacco and storage, and $0.0450 on agricultural products and storage. Full urban or partial urban services districts based on urban services available on real property, including real property of public service companies, $0.1431 for refuse collection, $0.0210 for street lights, $0.0097 for street cleaning, $0.0920 for insurance capital, $0.0150 on tobacco and storage, $0.0450 on agricultural products and storage, and levying an ad valorem tax for municipal purposes at the rate of $0.0880 on each $100 of assessed value on all motor vehicles and watercraft within the taxing jurisdiction of the Lexington Fayette Urban County Government as of the January 1, 2015 assessment date. Number eight. an ordinance adopting the request of the lexington fayette county health department under krs 212.755 and levying a special ad valorem public health tax for the fiscal year july 1 2014 through june 30 2015 on the assessed value of all taxable real and personal property within the taxing jurisdiction of the lexington fayette urban county government including real and personal property of public service companies non-commercial aircraft non-commercial watercraft and inventory in transit excluding insurance capital tobacco and storage and agricultural products and storage at the rate of $0.028 on each $100 of assessed value as of the January 1st, 2014 assessment date, and levying a special ad valorem public health tax at the rate of $0.028 on each $100 of assessed value on all motor vehicles and watercraft within the taxing jurisdiction of the Lexington-Fayette Urban County Government as of the January 1st, 2015 assessment date. Number nine, an ordinance levying ad valorem taxes for purposes of support of the Agricultural Extension Office for the fiscal year July 1, 2014 through June 30, 2015 on the assessed value of all taxable real and personal property within the taxing jurisdiction of the Lexington Fayette Irvin County Government. All taxes on each $100 of assessed valuation as of the January 1, 2014 assessment date as follows. $0.0034 on all taxable real property, including real property of public service companies. $0.0038 on taxable personal property, including personal property of public service companies, non-commercial aircraft, and non-commercial watercraft, excluding inventory in transit. insurance capital, tobacco in storage, and agricultural products in storage, and levying an ad valorem tax for purposes of support of the Agricultural Extension Office at the rate of $0.0032 on each $100 of assessed value on all motor vehicles and watercraft within the taxing jurisdiction of the Lexington Fayette Irving County Government as of the January 1, 2015 assessment date. Number 10, an ordinance levying ad valorem taxes for the purpose of support of the Soil and Water Conservation District for the fiscal year July 1, 2014, through June 30, 2015 on the assessed value of all taxable real property within the taxing jurisdiction of the Lexington Fayette Urban County Government, including real property of public service companies at a rate of $0.000516 to be billed at $0.0005 on each $100 of assessed valuation as of the January 1, 2014 assessment date. All right. Thank you, Madam Clerk. Is there a motion to approve the second reading? Second. Motion by Council Member Henson, second by Council Member Akers. Is there any discussion on the motion? All right. Hearing none, then, Madam Clerk, if you'll please call the roll. Mr. Lane? Yes. Ms. Lawless? Yes. Ms. Massadi? Yes. Mr. Myers? Yes on everything except for 10. Thank you. Ms. Gutchfield? Yes to everything except for 10. Thank you. Mr. Stinnett? Yes, ma'am. Ms. Akers? Yes, ma'am. Mr. Beard? Aye. Mr. Clark? Yes. Mr. Ellinger? No on 10. Yes on the rest. Mr. Farmer? Yes on all. Mr. Ford? Yes. Ms. Gorton? Yes on all. Ms. Henson? Yes. Thank you. Thank you, Madam Clerk. The vote reflects passage of the motion. and allows us to move on to the first reading of ordinances. And there is an amendment, I understand, to number 24 by Council Member Myers. Thank you, Mayor. Well, I'm going to, when we get to it. I'm sorry. Madam Clerk, go ahead. Ordinance number 11. An ordinance changed the zone from a neighborhood business B1 zone to a planned shopping center B6P zone for 13.581 net, 14.029 gross acres for property located at 1590, 1600, and 1610 Least Town Road, Kroger Limited Partnership 1, Council District 2. Number 12. An ordinance amending Article 155A of the zoning ordinance to further the goals of the Americans with Disabilities Act by permitting handicap accessible ramps for mobility purposes when located in the required front, side, or rear yards of any zone. Urban County Planning Commission. Number 13. An ordinance creating Article 45 and Chapter 2 of the Code of Ordinances of the Lexington-Fayette-Urbing County Government to create the Affordable Housing Governing Board and the Affordable Housing Fund. Number 14. An ordinance creating Article 46 and Chapter 2 of the Code of Ordinances of the Lexington-Fayette-Urbing County Government to create the Homelessness Prevention and Intervention Board and the Innovative and Sustainable Solutions to Homelessness Fund. Number 15. An ordinance authorizing and directing the Department of Finance to designate funding in the amount of at least $2 million each fiscal year to fund the activities of the Affordable Housing Fund and to designate funding in the amount of at least $750,000 each fiscal year to fund the activities of the Innovative and Sustainable Solutions to Homelessness Fund, commencing in time for the fiscal year 2016 budget. Number 16. An ordinance amending Section 740 of the Code of Ordinances of the Lexington Fayette Urban County Government to provide for the levying of an ad valorem tax on abandoned urban property within the taxing jurisdiction of the Lexington Fayette Urban County Government of an additional $1 on each $100 of the assessed valuation of the real property as of the January 1st assessment date. Number 17. for the Pledge of Revenues for the Payment of Such Bonds, authorizing a loan agreement appropriate for the protection and disposition of such revenues, and to further secure such bonds, authorizing a bond purchase agreement and tax regulatory agreement, and authorizing other actions in connection with the issuance of such bonds. Number 18, an ordinance amending Section 2252, the Code of Ordinances, creating one position of part-time customer service specialist, Grade 110N, in the Division of Government Communications, effective upon date of passage for a term of 12 months, appropriating funds pursuant to Schedule No. 9. No. 19, an ordinance adopting the pay grades, job codes, job classifications, job titles, and salary ranges recommended by Management Advisory Group, Inc., MAG, rescinding Ordinance 197-2002, pay equity as recommended by MAG, deleting Sections 21-4, 21-5, 21-25, 22-4, 22-5, and 22-22 of the Code of Ordinances and directing the administration to implement the recommended salary adjustments, effective September 22, 2014, for classified and unclassified civil service employees, if any. Number 20. An ordinance amending section 2152 of the Code of Ordinances, abolishing one position of Fleet Operations Supervisor, grade 115E, and one position of Staff Assistant Senior, grade 108N. In creating one position of Fleet Operations Manager, grade 116E, and one position of Vehicle and Equipment Technician, grade 112N, all in the Division of Facilities and Fleet Management, appropriating funds pursuant to Schedule No. 10, effective upon passage of counsel. Number 21. An ordinance amending Section 2152 of the Code of Ordinances, abolishing one position of Security Officer, Grade 106N, and creating one position of Administrative Officer, Grade 118E, both in the Division of Facilities and Fleet Management, appropriating funds pursuant to Schedule No. 12, effective upon passage of counsel. number 22 an ordinance amending section 2152 of the code of ordinances abolishing one position of public service worker senior grade 107 n and creating one position of vehicle and equipment mechanic grade 110 n both in the division of parks and recreation appropriating funds pursuant schedule number 14 effective upon passage of council number 23 an ordinance amending section 2252 of the code of ordinances abolishing one position of life skills program instructor grade 110 e and amending section 2152 creating one position of social worker grade 111 e both in the Division of Family Services appropriating funds pursuant to schedule number 13 effective upon passage of council councilor Myers Thank You mayor I move that ordinance number 24 on the docket for first reading be amended to include a budget amendment for Berryhill Park in the amount of $75,000 in the PFC parks projects fund this budget amendment reappropriates funds for the skate park that were budgeted for this purpose in FY 2014 and were not encumbered before the end of the fiscal year. This action does not impact the general fund. So moved. Second. Motion by Council Member Myers and second by Council Member Ellinger. Is there any discussion on the motion? Council Member Farmer. Thank you. To the motion then, from the notes I've got, this is something we took up april 10th 2014 and ordinance amending certain of the budgets to provide 75 000 for the berry hill and appropriating and reappropriating funds and it passed 12 to 3 so from you're saying then after the end of april or when this was there was a budget amendment for it that it just didn't get encumbered over into the new year then I think that's probably one correct way of saying it. Basically, this money was under a grant line item in community development, and it didn't get moved over into the line item in which we need it now. Because it's in the budget journal, Parks and Recreation, to provide funds for projects at Berry Hill by decreasing funds for match grant and establishing a transfer to PFC Parks Project Fund. followed by another one of parks to provide funds for Project Berry Hill Park by recognizing it transferred from the general fund. So we did it once. This appropriates it correctly this time, I guess? I could ask for help from the administration, but... I'm trying, yeah, who is... We weren't sure originally if we had to do this or not, but I think it was determined that we needed to. All right. Melissa. This is money that we had in the budget in FYI. 14, I believe, for a grant match. It was in Parks and Rec. We didn't get the grant, but we moved the money over to the PFC fund for parks, for the skate park. It didn't get encumbered by the close of FY14, so now the budget amendment is just asking to reappropriate that money in FY15 for the skate park. For the same use which we originally did? Yes. Thank you. Thank you, Mayor. Thank you, Council Member Farmer. Vice Mayor Gordon. Thank you, Melissa. Sorry to make you get your exercise. I hope it doesn't bring anything on. But I want to be sure. So this is not, we've already approved this once. And do we do this throughout government if an amount of money is set aside for a grant match and then it wasn't encumbered like this? Is this the same process we would have for any other project? I would defer to Irene on that. I know. Is she here? She's back there. I know with this one we had this specific council member with the project asking what we had said when we put the money in there for the grant match was if we didn't get the grant that we would reappropriate it for the skate park anyway. But speaking to other grants, I would defer to Irene on that. Okay, thank you. All right, Irene. And my second question, Irene, as well as have we done this with other grant monies, is the grant, have we gotten the grant? That's the second part. We probably have in the past, particularly when we had budgeted match in one year and then we didn't get the grant until the next year, we would have to reappropriate the funds to the following year. Okay. Now, have we gotten the grant? No. For this project? No. And we will not. We have already been turned down for this grant. Well, then why would we do this? This because it's based on a decision that Parks and Recreation would have made. And along with it. maybe someone from Parks and Rec is here or our commissioner. If the grant is turned down, do we normally keep match monies or do we? Most of the time we don't. Usually what we can do if the grant's turned down, what we can do is rebudget the funds out of grant match into an expenditure account. the account code for grant match is 78201 you can't spend out of that account so you have to move it to an account that you can spend it out of and this was not done in this case so the end of the fiscal year came about and this is just a reappropriation it is it's money that was budgeted in the division of parks and recreation did not get moved to an expenditure account, so it couldn't be encumbered. So as a grant match, it will not be used as a grant match? Not to match a grant because the grant has been turned down. Mayor, is there anyone from Parks and Recreation? I don't know if there is or not. There's John Shee. Commissioner, I couldn't be here, but I'd be glad to answer any specific questions you all might have. Well, apparently someone in Parks and Recreation may have moved this money. I'd like to know, is this general fund money? It was originally set aside for a grant match, and the grant was denied. Is that correct? That's my understanding. So go ahead. So what is this moving this money to parks for this project through just an expenditure? That is correct. But not a grant match as we originally anticipated. It looks like we're getting some help here. Last year it was in the general fund in grant match. The budget amendment that Council Member Farmer referenced moved it from grant match to capital funds for parks to use and moved it to the PFC Parks Project Fund, which is not the general fund. During FY14, they weren't far enough along in the project. They didn't get it encumbered. It's being moved from FY14 to FY15 in the exact same account string. So it's in a capital account for Berry Hillscape Park. Nothing has changed from the original budget amendment. We're just changing what year it's budgeted in. So it would be spent simply as capital expenditure, but not a grant match? It has not been budgeted and grant matched since April or May when the budget amendment went through the first time. Thank you very much. Thank you. Thank you. Council Member Henson. Thank you, Mayor. I had a question. And it looks like the, I don't have a copy of the motion in front of me, but it says change order of 75,000. I don't know if that's the same motion or not. That's a different motion. Is that a different motion? There's two. Okay. Thank you. All right. Council Member Scotchfield. Thank you, Mayor. I'm just I don't know that I'm opposed to the motion I think we just have a lot of unanswered questions that I'm not sure I think we could get some of those answered before we move forward that would be my option thank you member Massadi thank you mayor I guess maybe Sally you can answer this or maybe someone from budgeting do we typically do this with a grant match if we don't get the match? Does it roll over to a capital account? Or how does this happen? I'm not familiar enough with that to really give you an answer. What I was going to suggest is that Commissioner that Commissioner, I can't remember his last name, Jeff. Read. You think that tells you something? That the Commissioner, I was just trying to get in touch with him. He's at the Health Department. I would feel more comfortable if we could give you a written explanation of exactly what has happened here so that we have all of our facts straight. That's a good idea. I think this is something that we did in the budget, just like Council Member Farmer said before, but there was a mistake in between. So let us get our facts totally straight and be able to give you this in a written format. Perfect. Thank you. All right. All right. Council Member Lawless. all right council member standing thank you mayor i would just ask that we consider this go ahead and put it on the docket tonight because it cannot get second reading and we got two weeks to get the information needed if we don't we wait two weeks that's two more weeks that's a month out now before we can get this project moving so i think what councilman are doing comes to myers is doing is correct we've done this before on other projects it's just moving from one fiscal a year to another. That's simply all we're doing. So the money goes to the same project, the same place, but I would ask we go ahead and consider it tonight so we don't have to wait an extra two weeks. Thank you, Mayor. Council Member Myers. Thank you, Mayor, and I concur with what Council Member Stenet said, and actually, Council Member Farmer outlined the answer in his question to me. The council's already made the decision on the vote 12-3 to move this money from the grant line item into the PFC, I think it is, budget line item. So the only thing that I'm asking that we do tonight is allow the money to be encumbered from, it wasn't encumbered by the end of the fiscal year last year. So the only thing we're doing is saying that we didn't get to spend the money before the year was over. The project is still in process. If we don't get this money, it changes the scope of the project. And so we're not doing anything different. We're not doing anything we haven't done before. All we're saying tonight is the money did not get spent or encumbered at the end of last year, and so we're asking that to happen now. So thank you. All right. Councilman Lawless. Just real quickly, if I recall, two or three fiscal years ago, we changed how we did our accounting in that we closed out all line items that had not been spent and then reappropriated them to the next year. rather than just automatically carrying them over. And I think this is kind of what has happened in this situation. And so anything that didn't already have a purchase order was removed and put back into the general fund. And I had a couple of items that got caught up that way that were going to be done toward the end of the summer instead of before July 1. but because there wasn't a purchase order, they got thrown into the general account and I lost the money. So I think that's what we're talking about here. One difference I would add is that this actually didn't get moved to the general fund. It's still in the same account. It just needs to be reappropriated for $15. Right, but I mean it's the same principle. Yes, it is the same principle. Thank you. Vice Mayor Gordon. Thank you, Mayor. So, Council Member Myers, just one more question. So you mentioned they're waiting to start the project. Is this the final piece of funding so that the project is complete, the money? Well, the project is going to end up being done in phases, but they have to have their final numbers so they can draft their final construction documents and then start. Is this phase one? No, this is actually part of phase two. so if you don't get this then it's going to pretty much drastically change the the skate park okay all right thank you thank you mayor all right no other council members signed on so it allows us to vote on the motion to amend all in favor of the motion to amend by council Commissioner Myers, please indicate by saying aye and voting electronically. Aye. All opposed? No. All right. The motion passes. All right. Next, Madam Clerk, just go ahead and if you'll read now, please. This is for after she reads. Right. Ordinance number 24, an ordinance amending certain of the budgets of the Lexington-Veo and Urban County government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds. Schedule number 11. All right. I'll ask for motions for walk-ons now. Vice Mayor. Thank you, Mayor. Council members, you will recall that last week the General Government Committee passed unanimously out of committee the ordinance which repeals Election Day alcohol sales, the prohibition. And this wasn't reported out yesterday, and we do not have meetings next week. And so I have sent you by email this week my intention to walk this on so that it can get moving. And so with that, I move to place on the docket for tonight's meeting an ordinance repealing the prohibition on Election Day alcohol sales and taking other related action. Motion by Vice Mayor Gordon. Who is the second? Second by Council Member Masati. 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. Madam Clerk, if you'll give a first reading on, are there any, there are no other walk-ons, right? Okay. Ordinance number 25. an ordinance repealing subsection 321E of the Code of Ordinances of the Lexington Fayette-Irban County Government pertaining to prohibiting the sale, giving away, or delivery of alcoholic beverages of any kind on any primary or regular election day during the hours that the polls are open, and renumbering subsections 321F through I of the Code of Ordinances to subsections 321E through H, all effective on date of passage. All right. Thank you, Madam Clerk. Are there any motions for suspension of the rules for second readings? So moved. All right. If there are none, then we will continue to second reading of resolutions. Madam Clerk, when you're ready. Resolution number one, a resolution accepting the bid of Classic Clean Pro LLC, establishing a price contract for custodial services OAC for the Division of Facilities and Fleet Management. Number two, a resolution accepting the bid of Classic Clean Pro LLC establishing a price contract custodial services recycling center for the Division of Facilities and Fleet Management. Number three, a resolution accepting the bids of Wilson Equipment Company LLC, Jack Doheny Companies Incorporated and Abco Bramer Louisville LLC establishing price contracts for equipment rental without operator for the Division of Streets and Roads. Number four, a resolution accepting the bid of Lynette Bartholomew doing business as key to cleaning establishing a price contract for custodial services, general services for the Division of Facilities and Fleet Management. Number five, a resolution accepting the bid of Lynette Bartholomew, doing business as key to cleaning, establishing a price contract for custodial services, day treatment center for the Division of Facilities and Fleet Management. Number six, a resolution accepting the bid of Lynette Bartholomew, doing business as key to cleaning, establishing a price contract for custodial services, waste management for the Division of Facilities and Fleet Management. Number seven, a resolution accepting the bid of Delaval Management Incorporated, establishing a price contract for Cricutial Services Coroner's Office for the Division of Facilities and Fleet Management. Number eight, a resolution accepting the bid of Lane Inliner LLC in the amount of $388,690 for the Wolf Run Trunk A Rehabilitation for the Division of Water Quality and authorizing the mayor on behalf of the Urban County Government to execute an agreement with Lane Inliner LLC related to the bid. Number nine, a resolution accepting the bid of Univar USA Incorporated establishing a price contract for liquid chlorine for the Division of Water Quality. Number 10, a resolution accepting the bid of Bluegrass Uniforms Incorporated doing business as Bluegrass Uniforms and Equipment establishing a price contract for SCBA maintenance for the Division of Fire and Emergency Services. Number 11, a resolution accepting the bid of Labor Works Lexington LLC establishing a price contract for Temporary Labor Services Division of Waste Management Collection Services. Number 12, a resolution accepting the bid of Labor Works Lexington LLC establishing a price contract for Temporary Labor Services for Waste Management Materials Recovery Facility. Number 13, a resolution ratifying the probationary civil service appointments of Tammy Rose, customer service specialist, grade 110N, 21.43 hourly in the Division of Government Communications, effective August 11, 2014. Dennis Freeman, electrician, grade 114N, 28.561 hourly in the Division of Water Quality. Mark Mabson, safety specialist, grade 115E, 200112.80 biweekly in the Division of Waste Management. John Cornett, environmental enforcement specialist, grade 115E, 2,129.12 biweekly in the Division of Environmental Policy. And Melinda Stone, Recreation Supervisor, Grade 110E, 1,417.52 biweekly in the Division of Parks and Recreation, all effective August 25, 2014. Ratifying the permanent civil service appointments of Brian Radabaugh, Traffic Engineer Manager, Grade 120E, 3,028 biweekly in the Division of Traffic Engineering, effective July 6, 2014. Susan Pluger, Director, Grade 122E, 3,424.96 biweekly in the Division of Environmental Policy, effective July 27th, 2014. Michael Cook, property and evidence technician, grade 111N, 22.186 hourly, effective July 28th, 2014. Rebecca Gooch, information systems specialist senior, excuse me, grade 114E, 1,728.48 biweekly, effective July 27th, 2014, excuse me, July, excuse me, yes, July 27th. And Christopher Woodyard, staff assistant senior, grade 108N, 18.711 hourly effective June 2nd 2014 all in the division of police Elizabeth Strong early child care teacher grade 110 E 1,000 127.28 bi-weekly in the division of family services effective July 6th 2014 William Crowder's public service worker grade 106 N 11.775 hourly in the division of facilities and fleet management effective July 4th 2014 and Stephanie Bowling recreation supervisor grade 110 E 1,279.60 bi-weekly in the division of parks and recreation effective June 2nd 2014 ratifying the probationary sworn appointments of Jesse Harris, police lieutenant, grade 317E, 3,025.14 biweekly, and William Powers, police sergeant. Grade 315N, 28.828 hourly, both effective July 28, 2014, in the Division of Police. Curtis Works, fire major, grade 318E, 3,557.01 biweekly, Justin Hall Saver, fire captain, grade 316N, 23.160 hourly, and Nathan Vanderhoff, fire lieutenant, grade 315 and 17.860 hourly all effective July 1st 2014. Daniel Case fire captain grade 316 and 23.160 hourly and Shannon Pointer fire lieutenant grade 315 and 17.860 hourly both effective July 28th 2014 all in the division of fire and emergency services. Number 14 a resolution authorizing and directing the mayor on behalf of the urban county government to execute certificates of consideration and other necessary documents and to accept deeds for property interests needed for the cool even and Hope Center Rail Trail sections of the Legacy Trail at a cost not to exceed $30,000. Number 15, a resolution authorizing the mayor on behalf of the Irving County Government to accept a grant from the Kentucky Justice and Public Safety Cabinet, which grant funds are in the amount of $25,000 federal funds, or for the continuation of the Ticketing Aggressive Cars and Trucks tax program, the acceptance of which obligates the Irving County Government for the expenditure of $6,250 as a local match and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 16, a resolution authorizing the mayor on behalf of the Irving County Government to execute a certificate of consideration and accept a deed conveying permanent sanitary sewer and temporary construction easements from owners of record for the property located at 683 Woodward Lane for the Wilderness Road-Woodward Lane sanitary sewer project at no cost to the Irving County Government. Number 17, a resolution authorizing and directing the mayor on behalf of the Irving County Government to execute a multi-year service agreement with Time Warner Cable Enterprises, LLC, for continuation of existing services at a cost not to exceed $32,801.64 for fiscal year 2014. Excuse me, 15. Number 18, a resolution amending Resolution 241-2014, which accepted the bids of Environmental Demolition Group, LLC, and National Environmental Consulting, Inc., and established price contracts for environmental abatement services for the Division of Facilities and Fleet Management to cancel the price contract with Environmental Demolition Group, LLC, and to accept the bids and establish price contracts with Romec, Inc., and Chase Environmental Group, Inc. Number 19, a resolution accepting the fixed price bid of Centerpoint Energy Services, Inc. in the estimated amount of $245,470 for the provision of natural gas to the detention center and authorizing the mayor on behalf of the Irving County Government to execute an agreement with Centerpoint Energy Services, Inc. related to the bid. Number 20, a resolution authorizing the mayor on behalf of the Irving County Government to execute a renewal agreement with Omnisource Integrated Supply LLC for WebEOC coordinator services at a cost not to exceed $67,200. Number 21, a resolution authorizing and directing the mayor on behalf of the urban county government to execute and submit a grant application to the Kentucky State Police Commercial Vehicle Enforcement Division 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 $60,000 federal funds and are for continued operation of the Motor Carrier Safety Assistance Program, MCSAP, the acceptance of which obligates the Irving County Government for the expenditure of $15,000 as a local match and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 22, a resolution approving the granting of an inducement to Ashland Incorporated pursuant to the Kentucky Business Investment Act, KRS Chapter 154.32, whereby the Lexington Fayette Irving County Government agrees to forego the collection of 1% of the occupational license fees for a term of not longer than 10 years from the activation date, subject to the limitations contained in the Act and any agreement Ashland Incorporated has with the Kentucky Economic Development Finance Authority and or the urban county government related to the project and taking other related action. Number 23, a resolution authorizing the mayor on behalf of the urban county government to execute a renewal contract with Omnisource Integrated Supply LLC for additional inventory specialist services at a cost not to exceed $53,000. Number 24, a resolution authorizing the mayor on behalf of the urban county government to execute an agreement with National Council on Aging for the placement of participants of the Senior Community Service Employment Program with the Department of Social Services at no cost to the government. Number 25, a resolution authorizing the mayor on behalf of the Irving County Government to execute an agreement with Terry Farragher, a sole source provider, for the provision of technical expertise of interpersonal, domestic, and family violence to the Domestic Violence Prevention Board at a cost not to exceed $22,500. Number 26, a resolution authorizing the Division of Revenue to purchase document imaging provider and related services through June 30, 2015 from Verbridge, a sole source provider, at a cost not to exceed $70,000, and authorizing the mayor on behalf of the Irving County Government to execute any necessary document with Verbridge related to the services. Number 27, a resolution authorizing Kavanaugh-McDonald Consulting, LLC, to conduct the biannual OPEB study for the City Employees' Pension Fund and the Policeman's and Fireman's Retirement Fund for fiscal year 2014 for an estimated amount not to exceed $17,000, and authorizing the mayor on behalf of the Irving County Government to execute an agreement with Kavanaugh-McDonald Consulting, LLC, related to the study. number 28 a resolution accepting the bid of integrated engineering pllc in the amount of 110 500 for engineering design services for phases 5d 5e and 5f of the meadows northland arlington neighborhood improvements project for the division of engineering and authorizing the mayor on behalf of the urban county government to execute an agreement with integrated engineering pllc to provide services related to the bid number 29 a resolution authorizing and directing the mayor on behalf of the urban county government to execute a release of easement releasing a a detention easement on property located at 1619 Harmony Hall Lane. Number 30, a resolution authorizing the Division of Water Quality to purchase chemical kits required for the use of the Hock DR5000 spectrometer from Hock Company, a sole source provider, at a cost not to exceed $27,041.04, and authorizing the mayor on behalf of the Irving County government to sign any necessary agreement with Hock Company related to the procurement. All right, Madam Clerk, there's a, I believe there's a motion to amend number 31. by Councilmember Lane. Thank you, Mayor. I move to amend Resolution 768-14 under second reading of resolutions at the August 28, 2014 Council meeting to amend the dollar amount in the change order to the contract with Bush and Burchett, Inc. for the Grimes Mill Road replacement at Boone's Creek Project, correcting the amount referenced in the resolution from $643,848.59 changed to $693,848.59 due to a typographical error. This is not a material change and does not require another first reading. Thank you, Mayor. Motion by Council Member Lane, second by Vice Mayor Gordon. 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. Madam Clerk, continue when you're ready, please. Thank you. Resolution 31. A resolution authorizing the mayor on behalf of the Irving County Government to execute change order number two to the contract with Bush and Burkett, Incorporated for Grinds Mill Road Bridge replacement at Boone's Creek Project, Increasing the contract price by the sum of $38,576.40 from $693,848.59 to $732,424.99. Number 32. A resolution authorizing delegation of authority to the chief information officer to execute an enrollment contract and subsequent contracts for participation in the Apple iOS developer enrollment program on behalf of the urban county government at a cost not to exceed $99. Number 33, a resolution authorizing the mayor on behalf of the Irving County Government to execute contract modification number one to the Engineering Services Agreement with CDP Engineers Incorporated for the Loudon Avenue sidewalk project, increasing the contract price by the sum of $3,500 from $44,652 to $48,152. Number 34, a resolution authorizing the mayor on behalf of the urban county government to execute certificates of consideration and other necessary documents and to accept deeds for property interests needed for phase one and three of the Cardinal Lane Stormwater Improvements Project at a cost not to exceed $15,000. Number 35, a resolution authorizing and directing the mayor on behalf of the urban county government to execute certificates of consideration and other necessary documents and to accept deeds for property interests needed for the Bolivar Street Stormwater Improvements Project at a cost not to exceed $550. Number 36, a resolution authorizing the mayor on behalf of the Irving County Government to execute a contract with Kroger Limited Partnership 1 Louisville Division to supply the influenza vaccine and administer vaccinations to eligible Lexington Fayette Irving County Government employees at a cost of $21 per employee during the 2014-2015 flu season. Number 37, a resolution authorizing and directing the mayor on behalf of the Irving County Government to execute an agreement with Computer Services Corporation for migration of the current on-site Risk Master software to Computer Services Corporation-hosted Risk Master Accelerator Express at a cost not to exceed $43,125, $34,875 annual fee plus $8,250 one-time fee for setup and training. Number 38. Number 39, a resolution authorizing the mayor on behalf of the urban county government to execute a new case document amendment to plan management agreement and amendment to group stop loss policy extension with Humana Insurance Company for the administration of health care claims for the period of January 1, 2014 through December 31, 2014. Number 40. exude a multi-year service agreement with Time Warner Cable Enterprises, LLC, for high-speed internet for the Division of Emergency Management 911 at a cost not to exceed $1,260 in fiscal year 2015. Number 42, a resolution authorizing the mayor on behalf of the Irving County Government to execute multiple-year true lease agreements and related documents state contract with Dell Financial Services, LLC, for the lease of new and upgraded computer equipment for desktop computers for the Division of Computer Services at an estimated cost not to exceed $89,186.40 fiscal year 2015. Number 43, a resolution authorizing and directing the mayor on behalf of the urban county government to execute a second amendment to agreement with AMEC Environment and Infrastructure Incorporated, formerly known as AMEC Earth and Environmental Incorporated, for additional brownfield site assessment services at a cost not to exceed an additional $6,362.83. Number 44, a resolution authorizing the mayor on behalf of the urban county government to execute an agreement with the North Limestone Neighborhood Association Incorporated, $1,050, for the office of the Irving County Council at a cost not to exceed the sum stated. Number 45, a resolution authorizing the mayor on behalf of the Irving County Government to execute a memorandum of understanding with Central Kentucky Homeless and Housing Initiative, CKHHI, Bluegrass.org, Community Action Council, Chrysalis House, Hope Center, Lexington Housing Authority, and Volunteers of America for administrative services related to the application and operation of the Federal Continuum of Care Grant at a cost not to exceed four thousand dollars and number 46 a resolution amending section 3a of resolution 168 90 related to the designation of residential parking permit areas to delete the existing section and replace it with a one through two regarding the parking authority procedure for receiving petitions and conducting a survey for rppp areas amending section 3b of resolution 168 90 related to designation of residential parking permit areas to delete the existing section and replace it with b one through five regarding the parking authority procedure upon completion of the traffic study and listing five additional factors for making its recommendations. Amending Section 3C of Resolution 16890 related to the designation of residential parking permit areas to delete the existing section and replace it with procedure for council members to place the proposed RPP on the docket to coincide with public comment. Amending Section 3D of Resolution 16890 related to designation of residential parking permit areas to delete the existing section and replace it with parking authority responsibility to notify identifiable traffic and generators and residents, creating Section 3E of Resolution 16890 related to designation of residential parking permit areas to provide for the parking authority to post a notice in the right-of-way regarding public comment of the proposed RPPP. All right. Thank you, Madam Clerk. Is there a motion to approve the second reading? Move approval. All right. Motion by Vice Mayor Gordon, second by Council Member Lawless. Is there any discussion on the motion? All right, then, Madam Clerk, when you're ready, please call the roll. Mr. Lane? Yes. Ms. Lawless? Yes. Ms. Massadi? Yes. Mr. Myers? Yes. Ms. Gutchfield? Yes. Mr. Stinnett? Yes, ma'am. Ms. Akers? Yes. Mr. Beard? Aye. Mr. Clark? Yes. Mr. Ellinger? Yes. Mr. Farmer? Yes, not all. Mr. Ford? Yes. Ms. Gordon? Aye. Ms. Henson. Yes. Thank you. Thank you, Madam Clerk. The vote reflects passage of the motion and allows us to move on to resolutions for first reading. When you're ready. After. I believe there's a motion by Council Member Scotchfield on number 51. 50 or 51? 51. Right. Resolution number 47. A resolution accepting the bid of Manowar Harley-Davidson establishing a price contract for police motorcycles for the Division of Police. Number 48. A resolution accepting the bid of Sapphire Cleaning Service, LLC establishing a price contract for custodial services streets and roads for the Division of Facilities and Fleet Management. Number 49. A resolution accepting the bid of Sapphire Cleaning Service, LLC establishing a price contract for custodial services downtown Art Center for the Division of Facilities and Fleet Management. Number 50. A resolution accepting the bid of Sapphire Cleaning Service, LLC, establishing a price contract for custodial services, emergency management, 911, for the Division of Facilities and Fleet Management. Council Member Scotchfield. Yes. I make a motion. I make a motion to remove from tonight's docket item number 51 under resolutions first reading, which pertains to accepting the bid of reliable source cleaners and establishing a price contract for custodial services at the Coleman House. Second. motion by councilmember Scotchfield second by councilmember farmer is there any discussion on the motion right hearing none then we can take a vote all in favor please say aye opposed all right councilman Lawless I'm just curious as to why they didn't the carrier did not have insurance thank you All right. All opposed? No? All right. The motion carries. Madam Clerk, when you're ready, please continue. resolution number 52 a resolution accepting the bid of sense about design and construction LLC in the amount of $40,000 for demolition of metal fabricated buildings for the division of water quality and authorizing the mayor on behalf of the urban county government to execute an agreement with sense about design and construction LLC related to the bid number 53 a resolution accepting the bid of CNR asphalt LLC establishing a price contract for crack ceiling for the division of streets and roads. Number 54, a resolution accepting the bid of Municipal Equipment Incorporated establishing a price contract for Leaf Machine for the Division of Facilities and Fleet Management. Number 55, a resolution accepting the bid of S&S Truck Tire Center establishing a price contract for tire retreading for the Division of Facilities and Fleet Management. Number 56, a resolution accepting the bids of Lexington Truck Sales Incorporated, Crown International Incorporated doing business as Bluegrass International, Clark Power Services Incorporated, Lexington Auto Spring Company, and Worldwide Equipment establishing price contracts for heavy-duty truck repairs for the Division of Facilities and Fleet Management. Number 57, a resolution accepting the bid of green box heating and air in the amount of $19,100 for police evidence storage drug room HVAC improvements for the Division of Facilities and Fleet Management. Number 58, a resolution ratifying the probationary civil service appointments of Eric Wheeler, Public Service Supervisor, Grade 111N, 19.724 hourly in the Division of Waste Management, and Kikoko Lusewe, Custodial Worker, Grade 102 N, 12.463 hourly in the Division of Family Services, both effective September 8, 2014. Ratifying the permanent civil service appointment of Lauren Blanchard, administrative specialist, Grade 110 N, 14.229 hourly in the Department of General Services, effective August 10, 2014. Ratifying the unclassified civil service appointment of Mary Alshus, child care program aid part-time, Grade 107 N, 12.706 hourly in the Division of Youth Services, effective September 8, 2014. and ratifying the voluntary demotion of Kevin Hale, telecommunicator, grade 111N, 14.596 hourly in the Division of Police, effective August 11, 2014. Number 59. A resolution authorizing the Division of Human Resources to make a conditional offer to the following probationary civil service appointments. Lonzo Ballou, Equipment Operator Senior, grade 109N, 16.091 hourly. Daniel Peterson, Equipment Operator Senior, grade 109, excuse me. Grade 109N, 16.681 hourly. Victor Johnson, public service worker senior, grade 107N, 12.941 hourly. And Michael Jordan, public service worker senior, grade 107N, 17.490 hourly. All in the Division of Streets and Roads, effective upon passage of counsel. Travis Noel, heavy equipment technician, grade 113N, 19.162 hourly. And Joshua Toomey, heavy equipment technician, grade 113N, 16.956 hourly. Both in the Division of Facilities and Fleet Management, effective September 8, 2014. authorizing the Division of Human Resources to make a conditional offer to the following unclassified civil service appointments. Richard McQuady, Affordable Housing Manager, grade 120E, 3536.40 biweekly in the Department of Planning, Preservation, and Development, effective upon passage of counsel. Sean Holman, Treatment Plant Operator Apprentice, grade 107N, 11.345 hourly in the Division of Water Quality. Trina Burnett, Eligibility Counselor, grade 110E, 1,127.28 biweekly in the Division of Adult Services. and Amanda Nakampa, a security officer part-time, grade 106N, 12.480 hourly, in the Division of Facilities and Fleet Management, all effective September 8, 2014. Number 60, a resolution authorizing the mayor on behalf of the urban county government to execute an agreement with the Tates Creek High School PTSA Incorporated $1,050 for the Office of the Urban County Council at a cost not to exceed the sum stated. Number 61, a resolution authorizing the mayor on behalf of the urban county government to execute a purchase of services agreement with UK Arboretum for Stormwater Education and outreach workshops for the Division of Environmental Policy at a cost to exceed $32,000. Number 62, a resolution approving the Fayette County Sheriff's Settlement 2013 taxes for taxes collected as of the April 15, 2014, and granting the sheriff a quietus. Number 63, a resolution amending Resolution No. 346-2014, which accepted the bid of Primus Electronics for Digital Radio Service Test Monitor to change the amount of the bid to $40,000. Number 64, a resolution authorizing the mayor on behalf of the urban county government to execute an agreement with Drug Enforcement Administration DEA Task Force for continued assigned detectives. Number 65, a resolution of the Lexington Fayette Urban County Government authorizing and acknowledging the execution and delivery of a Fifth Amendment to bond purchase and loan agreement among the Lexington Fayette Urban County Government, Central Bank and Trust Company, a Kentucky bank corporation, and the Lexington Christian Academy Incorporated, and any and all other related documents necessary thereto. Number 66, a resolution authorizing the mayor on behalf of the urban county government to execute an amendment to purchase of service agreement with Commerce Lexington to provide a workforce report and related services at an additional cost not to exceed $50,000. Number 67, a resolution authorizing the mayor on behalf of the urban county government to execute a renewal agreement with Net Motion Wireless Incorporated for Division of Police software licenses at a cost not to exceed $30,433.99. sense. Number 68, a resolution authorizing the mayor on behalf of the urban county government to execute agreements with the Plantation Neighborhood Association, $500, the Central Kentucky Housing and Homeless Initiative, $1,050, LexArts Incorporated, $1,450, the American Diabetes Association, $750, Friends of the Lexington Mounted Police Incorporated, $825, the Japan America Society of Kentucky Incorporated, $500, and YMCA of Central Kentucky, $650 for the Office of the Urban County Council at a cost not to exceed the sum stated. Number 69, a resolution authorizing the Division of Fire and Emergency Services to procure diving instruction, training, and related services from Emergency Response Diving International, a sole source provider, at a cost not to exceed $22,500, and authorizing the mayor on behalf of the Urban County Government to sign any necessary agreement with Emergency Response Diving International related to the procurement. Number 70, a resolution authorizing the mayor on behalf of the Urban County Government, excuse me. I'm sorry. On behalf of the Irving County Government to donate to the Fayette County Sheriff's Office three police bicycles that are currently being taken out of service due to age. Number 71. A resolution authorizing the Mayor on behalf of the Irving County Government to execute a purchase of service agreement and a lease agreement with the Lexington Fayette Animal Care and Control LLC for animal control services at a cost not to exceed $1,165,150. Number 72. A resolution authorizing the mayor on behalf of the urban county government to execute a release of easement releasing a utility easement on properties located at 1432 Saddle Club Way, 1436 Saddle Club Way, 1440 Saddle Club Way, and 1444 Saddle Club Way. Number 73, a resolution authorizing and directing the mayor on behalf of the urban county government to execute and submit an application to the Kentucky Infrastructure Authority, KIA, and to provide any additional information requested in connection with this application for a low-interest state revolving fund loan in the amount of $35,976,329 for the West Hickman Wastewater Treatment Plant Wet Weather Storage Tanks Phase I project. Number 74, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an amendment to agreement with Lexington Community Land Trust, Inc. for an additional $100,000 for design mitigation expenses for the Newtown Pike Extension Project. Number 75, a resolution accepting the response of Advanced Mulching Technologies, Incorporated, doing business as EcoGrow, to RFP number 31, 2014, Green Acres Stream Corridor Vegetative Buffer Ecological Restoration, and authorizing the mayor on behalf of the Irving County Government to execute an agreement with Advanced Mulching Technologies, Incorporated, doing business as EcoGrow, to provide services related to the RFP at a cost not to exceed $290,000. Number 76, a resolution authorizing and directing the mayor on behalf of the Irving County Government to accept a grant from the Kentucky Department of Military Affairs Division of Emergency Management, which grant funds are in the amount of $3 million federal funds, under the Chemical Stockpile Emergency Preparedness Program, CSEP, are for the renovation of the Public Safety Operations Center, the acceptance of which does not obligate the Irving County Government for the expenditure of funds, and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 77, a resolution authorizing the mayor on behalf of the Irving County Government to execute and submit a grant application to the Kentucky Division of Waste Management to provide any additional information in connection, excuse me, 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 $4,000 Commonwealth of Kentucky funds and are for the waste tire disposal and recycling, 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. And number 78, a resolution authorizing the mayor on behalf of the urban county government to execute an agreement with Northeast Christian Church for provision of testing rooms for administration of these sergeant and lieutenant assessments for the Division of Police at a cost not to exceed $1,800. Thank you, Madam Clerk. By the way, by my count, that's 102 readings of ordinances and resolutions before second reads. So that's quite a performance. I was going to say, yes. All right. I see. That's before second readings. All right. Are there any motions for walk-ons? Council Member Akers. Walk-ons first. Council Member Myers. Thank you, Mayor. So with the motion that we made earlier comes a change order to change the contract from $500,000 to $575,000. So I moved to place on the docket under first reading resolutions for Thursday, August 28, 2014, council meeting, a resolution authorizing change order number one with dreamland skate parks LLC for construction of Berryhill skate park for construction of Berryhill Park increasing the contract amount by $75,000 from 500,000 to 575,000 so moved motion by council member Myers second by council member Beard is there any discussion on the motion all right hearing none then we take a vote all in favor please say aye opposed no motion carries all right any other walk-ons council member scutchfield all right all right any now so we can move then to motions for suspensions for a second read what's that go ahead read this I'll read 79 oh yeah right right first read on the on that motion resolution 79 a resolution authorizing the mayor on behalf of the urban county government to execute change order number one to the contract with dreamland skate parks LLC for Barry Hill Park increasing the contract price by the sum of $75,000 from $500,000 to $575,000 all right is there motion do we need a motion on that all right first reading all right good all right now we can move on to motions for suspension to the rules for second reading councilmember Henson Thank you, Mayor. I move to suspend the rule and give second reading to number 72, please. Motion by Council Member Henson, second by Council Member Ellinger on number 72. 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. Council Member Scotchfield. Aye. Thank you, Mayor. Motion to suspend the rules. It's been a long day. Motion to suspend the rules and give second reading to number 68. Motion by Council Member Scotchfield, second by Council Member Massadi. Is there any discussion on the motions? Number 68. All right, hearing none, then we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Council Member Clark. Thank you, Mayor. I move to suspend the rules and give second reading to number 59. Second. All right. Motion to suspend on number 59 by Council Member Clark and second by Council Member Ford. Is there any discussion on the motion? Okay. Hearing none, then we can vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Council Member Ellinger. Thank you, Mayor. At the request of the administration, I make a motion to suspend the rules and give second read to number 62. Motion on number 62. Is there a second? Second. Second by Vice Mayor Gordon. Is there any discussion on the motion? All right. Hearing none, then we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Looks like that's all that I have signed on for motions to suspend. Is there another one? Yeah. all right okay okay councilman acres thank you mayor i have a motion to suspend the rules and request second reading on number 52 and second okay and number 70 please All right, there's a motion on number 52 and number 70. Just for fun. Motion by Council Member Akers, seconded by Vice Mayor Gordon. Is there any discussion on the motion? Okay, hearing none, then we can vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. All right. Any further motions? All right. All right. all right then madam clerk when you're ready please give us a second read thank you i have a question before you move forward all right council member mayers um part of the point of the two motions i made earlier today is to get this project moving um we've had difficulty getting the contract done and then getting the contract through council before two different breaks and so the construction season is getting short on building the skate park so law department has given me a motion to request second reading on this tonight i don't know what the appetite is of the council to do that the difficulty is that the document that was sent to dreamland has a 500 000 contract amount when the contract is supposed to be 575 so they're not going to create the engineering documents or the design documents based on the 575 unless they get something from the government to tell them to do so. So we're going to hold the project for another two weeks. If winter hits early, they can't pour concrete. This whole thing is going to be a mess. So I guess my question is, the law department gave me the motion. Is there an appetite? I'll just go ahead and make the motion. If you guys vote for it, you will. If you don't, you don't. Does that make sense? Okay. So I move to suspend the rules and give second reading to number 79. Second. So moved. All right. There's a motion to suspend on number 79. There's a second. Second by Council Member Clark. All right. Is there any discussion on the motion? Yeah, can I speak to it? Council Member Henson. Council Member Myers, I'm just curious because, for one, I always feel very uncomfortable, and I know that this has been a big project for you. I think it's an exciting project. But when we get something last minute, we got this email at 4.30 this afternoon, we don't have time to prepare. We, you know, I was just curious if this came up overnight or, you know, it's like how long have you known about this? Thank you. And it's a great question. I'd love to respond. And I'll tell you, before the skate park started, I had hair. and so now I don't have any but the reality is that emails have been going back and forth I wish Commissioner Reed was here because we thought this was taken care of last week and they're not going to move forward because they've gotten something from parks that said it's 500,000 they're not going to move forward without something like that that changes that and so then we debated whether or not we had to do all these motions and change orders and all that stuff I wish Councilmember or Commissioner Reed was here to opine on this, but the reality is this hit the last minute, and basically I said at the end, we're either going to walk something on today and get this moving forward, or the project's just going to blow up because the issue is construction season is getting short. And so it's really the council has to make a decision what they want to do, and I understand that we didn't have much precursor to this, but that's what it's come down to. Thank you. Councilman, can I explain one more thing? The title of this is a change order, but as we heard from budgeting, it's not actually a change order. The money is just, all we're doing is re-encumbering the money for this year, but because I guess of the legal language we have to use, we're calling this a change order, but it's not a change order. That's what it says. I know that's what it says. The original was $575. I mean, I think everybody that's here today was on the council back when we took this vote in 2013. And it was a 12-3 vote to move that $75,000 from that grant line item to this project. So absolutely nothing has changed. We're not doing anything different than what we were already doing. If we had gotten this project done before the fiscal year ended, then we wouldn't be having this conversation. But we're not asking you to pay for anything different than what you agreed to at least the 12 people who voted in favor of this last time. Council Member Akers. Thank you, Mayor. I appreciate the need and understand that, you know, we're running out of summer. But I agree with Council Member Henson that we, you know, got it an hour before council meeting and there's no one from Parks here. There's more in this government than Parks Department than just the commissioner. And so it seems like that someone from Parks could have come or could have sent an email and helped your case or explain what is happening. So it just, and yeah, I just think that if it is a change order and we already have allocated $500,000, then I'm not willing to rush it tonight, I guess. Thank you. Council Member Clark. Thank you, Mayor. I appreciate the fact that it's kind of last minute, but I think I understand the problem, and I've heard enough from staff that I think I can support this motion. Thank you. Vice Mayor Gordon. I am sympathetic. On the other hand, we have our processes for a reason, and the reason is the public. So this was walked on. it was given first reading, and now the request is for suspending the rules and giving it a second reading, which we try not to do. This is why I didn't ask for a second reading on the Election Day alcohol sales, is it doesn't give the public any time to weigh in. And we don't know, this is probably not controversial, Mr. Myers, But I think just through a process, because of a process belief that I have, I just cannot support doing the walk-on, the first reading, and the second reading all tonight. Does anyone else wish to speak? Yeah. Council Member Myers? I guess I'll just say that you're right. We do have a process, and it's for the public, and we just voted to do other walk-ons tonight, and we've also voted to do second readings tonight. And, oh, here's Commissioner Reed. Maybe he can help us out here. Once again, we're making this complicated. We're not doing anything that the council hasn't already agreed to do. I'll just let him take over here. Commissioner Reed. What y'all talking about? One more traffic light, and you would have been in the clear. Thank you for coming from the health department to the council. Yeah, I apologize for not being here. I was unaware this was going to be a problem, so I think the confusion is my fault. And I don't know exactly what the discussion has been. I've just heard it's been. Yes, I do. And I'm prepared to accept that. The skate park project, we've been working a great deal with Councilman Myers on. There's been a number of give and takes, changes, delays from our end. We've been on hold awaiting fundraising efforts, trying to work with Councilman Myers. It's a new type of project, something we haven't undertaken before, and we're new to this. We've also gone about a design-build model, which we think will give it the best possible chances of being something special and unique. But I think that's been part of the confusion. This is a $575,000. Has an aggregate been set aside for this project over a period of several years? I think the confusion, there was some confusion because 75,000 of it a year or so ago was thought to be for match purposes. I think the council had a discussion on that and determined that the money was in fact available for the park. There was some confusion within parks that money needed to be set aside for contingencies and that we ought to have a $500,000. On a design-build project, you don't need contingencies. You get set aside X amount of money, you design, you build the project, and you do whatever's necessary for that. So there's been confusion on both sides. I apologize that you've had to talk about this this long, but that's basically where we are now. We're happy to give a detailed financial accounting of this to you in the next couple of weeks, it would be beneficial if the change order went forward so the planning process with Dreamland can occur. If then you have any concerns, you can make any adjustments that you deem appropriate. Thank you, Commissioner Reed. Does anyone wish to comment or have a question? Council Member Lawless. I know we have a process and as far as the alcohol sales on election day that for a lot of people could be very controversial you know I've never understood why it was there anyway it's not like people can't go get it the day before but anyway A lot of people have strong feelings about alcohol sales at any point or any time and some of those kinds of things. I got, because we had such an extreme winter, and then last summer I got caught in a situation where, in part of this summer, where there was a lot of utility work being done in my district, especially around UK, that projects that were scheduled didn't get done. In fact, one of them just got finished, the Woodland High, Kentucky Avenue Triangle intersection, which was supposed to get done. And that was a piece that got the money, got put back into the general budget, and I lost it. So I think that we're talking about weather, and as we can see, our weather has been quite quirky lately. And, you know, we had the extreme winter. We've had, you know, bizarre weather this summer. And it is frustrating to have something ready to go. And through no fault of anybody's, the weather comes up. And so I support this, getting a second reading and voting on it and putting kind of the process and et cetera aside so we don't run into that and delay this yet another year. So having been a victim of weather-related and utility-related problems, thank you. Councilman Rakers. I just had a question for Mr. Reed. Can you, so you said, I believe, that council voted last year to allocate these funds into the. I think council has voted a series of times for funding for this project. But this $75,000 specifically. $75,000 was set aside for a match, but the debate was, was it in fact seed money for the project, or was it money just for a match? In my interpretation, my understanding is the council determined, in fact, it was money that could go to the project, whether a match was received or not. And that's where the confusion within parks apparently lied. I was never confused about that, but I didn't adequately and accurately convey to parks that that wasn't the case. And then I got into a time crunch over the past few days, and we're trying to rapidly correct that. So what was the grant for? How much was it for? Not the specifics, but how much was the – I mean, I just wonder how that changed the scope of the project. The grant we didn't receive. Right. And I think that grant was for $75,000, I believe. And the match was going to be – was it a 50-50 grant? I think that's correct. Okay. And so it was voted by and allocated by council a year ago to be used for capital projects in parks. I think two years ago. It was for specifically this project. Okay. The money was a match for this project. But then once it was not a match, when it was no longer a match. It was specifically discussed for this project. In the capital expenditure account of parks. Mm-hmm. Okay. The vote that Council Member Farmer talked about, the 12-3 vote, that was a vote for this money for this project. Okay. Okay. Thank you. Thank you, Jeff. Vice Mayor Gordon. Thank you, Mayor. Commissioner, thank you for running over here. So if the council determines to move forward with this, Before you got in here, my only question was why we walked it on, then gave it first reading, and now want to give it second reading all at once. Is it your understanding, then, if this gets second reading tonight, what exactly will go forward? Dreamland's planning. Dreamland. I'm sorry, that sounded funny. Yes, it is. the contract group that is doing this project in California will be able to proceed on with their construction planning based upon a project that's $575,000 rather than $500,000. It moves along their planning process. And that is phase one plus? Yes. Is it some of phase two? Could be some. It's actually going to be phase one and phase two A. And so can this skate park, if no more money is raised, would this be a, Council Member Myers, would this in itself be a complete project? Could it be a complete project without the additional phases? The real answer to that question is no, because when you look at how, and I wish we had the pictures here, actually I have them on my iPad, but the way the skate park will flow, it just won't work. So this won't be a phase that can be used at all without the rest of it? Is that what you're saying? I didn't think that's what your question was. My question is, can this phase, if it's funded by the council and moved forward tonight, be on its own a functioning skate park without a future phase added on? Because there's no guarantee for any future money. Yes. Yeah. The way they designed the skate park is that each phase can stand alone. Okay. It continues to wrap around phase one. Okay. Thank you. But it's all contiguous, so it's not like this is going to be a phase set out somewhere else in the park. Okay, thank you. Thank you, Commissioner. Thank you, Mayor. That is all who no one else has signed on to speak, so that allows us to take a vote. All in favor of the motion to amend, please indicate by saying aye. Aye. Opposed, no. No. No. All right. Vote electronically then. All right. Motion to amend. Motion for a second read passes. All right. Thank you, Commissioner Reed. Madam Clerk, now we are ready for second reads. Thank you. Resolution number 52, a resolution accepting the bid of Sensaball Design and Construction LLC in the amount of $40,000 for demolition of metal fabricated buildings for the Division of Water Quality and authorizing the mayor on behalf of the urban county government to execute an agreement with Sensaball Design and Construction LLC related to the bid. Number 59. Thank you. Number 62. A resolution approving the Fayette County Sheriff's Settlement 2013 Texas for taxes collected as of April 15, 2014 and granting the sheriff a equitus. Number 68. A resolution authorizing the mayor on behalf of the Irving County Government to execute agreements with the Plantation Neighborhood Association, $500, the Central Kentucky Housing and Homeless Initiative, $1,050, Lex Arts Incorporated, $1,450, the American Diabetes Association, $750, Friends of the Lexington Mountain Police Incorporated, $825, the Japan America Society of Kentucky Incorporated, $500, and YMCA of Central Kentucky, $650, for the Office of the Urban County Council at a cost not to exceed the sum stated. Number 70, a resolution authorizing the mayor on behalf of the urban county government to donate to the Fayette County Sheriff's Office three police bicycles that are currently being taken out of service due to age. Number 72, a resolution authorizing the mayor on behalf of the urban county government to execute a release of easement, releasing a utility easement on properties located at 1432 Saddle Clubway, 1436 Caddle Clubway, 1440 Saddle Clubway, and 1444 Saddle Clubway. And number 79, a resolution authorizing the mayor on behalf of the urban county government to execute change order number one to the contract with Dreamland Skate Parks LLC for Berry Hill Park, increasing the contract price by the sum of $75,000 from $500,000 to $575,000. Move approval. Motion to approve by Councilmember Vice Mayor Gordon, second by Councilmember Akers. Is there any discussion? All right, then, Madam Clerk. When you're ready, please call the roll. Mr. Lane? Yes. Ms. Lawless? Yes. Ms. Massadi? Yes. Mr. Myers? Yes, ma'am. Mr. Stinnett? Yes, ma'am. Ms. Akers? Yes. Mr. Beard? Aye. Mr. Clark? Yes. Mr. Ellinger? Yes. Mr. Farmer? Yes, on number 79 and all the rest. Thank you so much. Thank you. Mr. Ford? Yes. Ms. Gorton? Yes on all. Ms. Henson? Yes. Thank you. Thank you, Madam Clerk. The vote reflects passage of the motion. And next on our agenda are communications from the mayor. Move approval. Motion by Vice Mayor Gorton, second 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. Next is for information only, communications. And next are reports. No action is required here. And next are announcements. The floor is available to members of the Council. Vice Mayor Gordon. Thank you, Mayor. The quarterly committee of the whole met today at 4.30, and I have three motions that were approved in the committee of the whole that I'm bringing forward. First is a motion by Council Member Masati to move forward with filling the full-time council budget analyst position. So moved. Motion by Vice Mayor Gordon, second by Council Member Masati. Is there any discussion on the motion? Hearing none, then we can vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Second, motion by Councilmember Ford to adopt the committee restructure proposal with the amendment that the budget and economic development meeting is a committee of the whole. And this will be a change to the council rules that would come forward in the form of a resolution. Second. Motion by Vice Mayor Gordon, second by Councilmember Farmer. Is there any discussion on the motion? All right. If not, then we can take a vote. All in favor, please say aye. Aye. Opposed, no. And the motion carries. And finally, there was a motion by Councilmember Akers to fill the full-time position for Council receptionist. Second. Motion by Vice Mayor Gordon, second by Councilmember Clark. Is there any discussion? All right. Hearing none, then we can vote. All in favor, please say aye. Aye. Opposed, no. That motion carries as well. And that completes my report. Thank you, Mayor. Thank you. Does any other council member have a report? Council Member Farmer. Thank you, Mayor. Has the Center Point developer filed their TIP application with the city? I'll have to ask Commissioner O'Mara, can you update us on that? Yes, the application was filed with us, and we had a meeting yesterday to have the assumptions and some of the numbers that were presented in the application explained to us. Has the Herald-Leader filed an open records request for that document? Not to me. Yes, sir, they have. I think it would be preferable for the council to see that rather than read about it in the paper. If you could let us see it, I'd appreciate it very much. Send it tonight. Thank you. Thank you. Thank you. And thank you, Council Member Farmer. Council Member Henson. Thank you, Mayor. I know we've, as counsel, we've received a lot of, not an enormous amount, but several emails from employees about the compensation study. And I asked Sally, I just thought maybe publicly we should mention that they are working on an appeals process for employees. I just didn't want our employees to think that once this is voted on, that it was done. There will still be a process where they could be heard. So I don't think Sally really needs to say anything, but she did say she would send us out something tomorrow to look at. So thank you. She's nodding her head. Thank you, Mayor. That means, yes. Council Member Farmer. Yes, sir. In a conversation the vice mayor and I had once we were sitting here, we were talking about this issue. And I think the appeals process is very important. I think that we've also received some high-quality input from folks who are either directly affected or are aware of those who are directly affected. And at least in our conversation, the vice mayor and I had talked about once this has received its second reading, perhaps trying to enter those group of concerns into the budget and finance committee or another venue for us to look at them along with whatever appeals process. Because I think it was the quality input was very high, very specific. And I think that I don't want to abrogate our self. I think we should take some ownership since we're passing the legislation while we're fixing some of the problems. But I think we're both on the same track, just maybe in different ways. Thank you, Mayor. Thank you. Council Member Lawless. Thank you, Mayor. Back to Council Member Farmer's question about the application, the IRB application with CenterPoint. I just want to say that we had a workshop this week and got a lot of very good information on all the TIFs, including that one, and a clarification on a lot of misinformation that had been given both in public meetings and has been published in the paper. And this is an extraordinary opportunity for our community and without any cost or risk to the community. So I just wanted to say we're having another workshop, I think, or is it during council work session or? I'll ask. Vice Mayor Gordon. We're, I believe, trying to set it up for September the 9th as a workshop. Now Jamie's going with this. Yeah, correct. Approximately. We haven't set a date yet, but I think we were going to do a second workshop, Council Member. Right. And so just kind of on what had been discussed. And so that's one of the situations that due to the bond markets, et cetera, is going to have to be done quickly with all the applications. But I want to say thank you for a lot of the clarity and clearing up a lot of the misinformation that has been out there about not just CenterPoint, but TIFs in general and what is a TIF and are they all the same, et cetera. So thank you very much for those that helped facilitate that. And I look forward to this and other great projects moving forward. Vice Mayor Gordon. I just wanted to address two parts of this. The council agreed that we wanted to see the agreement with any risk that would be ours along the way, including not only with the bonding, which, you know, we may not have risk for that, but what happens if along the way. So we're expecting that. And if we really want to attend to this and look at the documents, I think we need to do it sooner rather than later, because if it turns out that we want to do this and we feel that it's not a risk to the city, then we don't want to delay the construction. So I'm hoping it will work out that week of the 9th. Correct. Let me clarify. I did not mean that we were going to push it beyond the 9th. I just meant hopefully it would be the day of the 9th or right around there. All right. I appreciate that. Thank you, Jamie. That's because you're trying to get different parties together, right? So you're trying to coordinate calendars? The council's calendar, the developer's calendar, the administration's calendar, correct. And we're going through the process right now of collecting the information the council requested. Thank you. All right. Council Member Lane. Thank you, Mayor. Yeah, I too just wanted to add a thought that time is of the essence. The meter's running on the interest over there now. The project's under construction. You know, winter's coming on. There are tenants that are, you know, waiting to get into the premises. and as I understand it, there are some joint ventures to put in the hotel, the office building, and the residential development there. All of those are on a sort of hold until we get this part worked out. So I think we should try to do everything we can to help the developer move the project forward as quickly as possible. But at the same time, as the vice mayor says, you know, we are looking at, you know, if there is risk to the city, what that risk is. But walking across the street is a risk sometimes, so I don't think there's any kind of a deal that doesn't have some risk. But I feel like the way this is structured, it would be very safe for the city based on what I currently know. But I am looking forward to getting a full briefing from all of the attorneys who are researching this for the council. Thank you, Mayor. Council Member Farmer. since you're going to share with us the the application and i'm appreciative of that we did ask for some different diligence to go along with that that i know will not have had time to have been done if we i think we need to take this up on the 9th so that it could potentially have council action on the 11th and then again i guess on the 25th which would be near the end of the month because I understood the idea was to try to make this bond issue happen in October, which comes that following week. So I'm just, I would hate for, parts of this discussion began before we went on our summer recess, and so that would have been around July the 4th. And we're looking at the end of September. I just want to make sure we can coalesce all the information together and either move forward or not. I think that's probably the key thing. Thank you. Council Member Myers. Thank you, Mayor. And I guess my question would be that the information that needs to be done in a closed session, if there is information in that regard, that we do that, but the rest of the information be provided from these chambers so that folks at home can watch and hear and learn. Because part of the goal of having that TIF workshop was that the public could be educated. And then we didn't do it in here on camera so the public could be educated. And so the Herald-Leader reports on things that aren't necessarily accurate based on the information we heard in that meeting. So whatever we can do in public so that they can understand what's going on, that would be greatly appreciated. Thank you. All right. Council Member Farmer, if you wish to speak again. We talked about that very issue during the workshop. And the idea was for it to come forward and to be heard in public. Great. All right. All right. So no other council members have signed on for announcements, so that allows us to move to public comments. I have several of our members of our audience have signed on for public comment, beginning with Christian Torp and then Adam Jones. Good evening, Council. I just wanted to thank you for taking action on the Affordable Housing Trust Fund. This will be a great benefit to many of the most vulnerable in our cities. As I'm sure you know, we invited you all to a community breakfast back on the 16th of this month and gave several members, including the mayor, a tour of some of the unaffordable homes here in Lexington. I think it's imperative that we do all that we can to help those without. But I think it's also very important that we make sure that this doesn't become a subsidy for builders, that we're really looking out for the poorest and most marginalized among us because so often these things become, you know, the people who already have just end up getting more and those without end up with nothing and still are able to be taken advantage of with their landlords being able to pay them $20 a day or free rent to live in a little tenement room with no heat, with no air conditioning, people passing out from heat stroke, on dialysis with no electricity, the roof leaking. So we just thank you for your vote, and we just pray that you look out for the most marginalized among us. Thank you. Thank you, Christian. Adam Jones. All right, Belinda. I'm filling in for Adam and Belinda. Yes, ma'am. Belinda Sneed, 3093 Roundway Down Lane here in Lexington. Tonight, you took action toward addressing the needs of one in four Lexington families who cannot afford rents. We applaud your work to this point and believe that you now can show significant leadership in our community by passing these ordinances in two weeks. If you're here tonight to support the passage of a funded affordable housing trust fund, please stand. Remain standing, please. We're here tonight in solidarity with the thousands of people making decisions about whether to pay rent or buy groceries, pay rent or get the medicine they need. We're here tonight because we believe that our growing housing crisis must end. we're here tonight to support you in passing these ordinances. You have a good plan in front of you. You've hired someone to execute it. You have the support of your constituents, and you have the power to change lives. This is your responsibility and your opportunity. It's time to pass the Affordable Housing Fund, and we'll be here on September 11th to celebrate you when you do. Thank you, Ms. Snead. Brent Mason. Mr. Mason. I believe Mr. Mason may have already, may have left. Janet Tucker. Is Janet Tucker? All right. Okay, Janet. and Bernard McCarthy. For the record, my name is Bernard McCarthy. I live at 515 Harry Street. First of all, it seems to me that traffic has gotten steadily worse over the 40 years I've lived here, that what roads have been built have not been near enough. We have traffic jams on roads that didn't exist 40 years ago in parts of town that didn't exist 40 years ago. I think we can't really expect tax revenue to cover it all. I think you guys have got to make developers who build new subdivisions and shopping centers provide more streets that connect and fewer dead ends. also it would be a good idea to charge developers impact fees to go towards this government constructing streets that can't be specifically tied to one development but are needed to accommodate growth overall and with regard to the people seeking to have you subsidize the rent for the poor people in our city I wish to point out the same thing that I pointed out in an email to Mr. Pitts in Miami when he wrote an editorial griping about poor doors. And that is the problem with subsidized rent is it's still rent. If you really want to help make the poor people not be poor anymore, subsidize ownership, not rent. I don't see any point in taking our tax money and using it to make the landlords richer than they already are. And I am putting my vacation time and what little money I can spare exactly where my sentiments run. Thank you, Mr. McCarthy. All right, that's all that our show is having signed on to speak tonight. So I want to thank everyone for joining us. And then I'll ask for a motion to adjourn by Councilmember Stennett, second by Councilmember Ellinger. Unless there is objection, we, the council stands adjourned. Thank you.