Right on it now, right on it now After midnight, we're gonna shake your tambourine Shake your tambourine, shake your tambourine After midnight, there's gonna be pictures of me Shake your tambourine, shake your tambourine Don't cause talk and suspicion, we're gonna give an exhibition We're gonna find out what it's all about What it is all about, what it is all about After midnight, we're gonna let it all hang down After midnight, we're gonna let it all hang down After midnight, we're gonna let it all hang down After midnight, we're gonna let it all hang down We're gonna let it all hang down The End ¶¶ Mr. Myers? Mr. Myers? Ms. Gatchfield? Yes. Mr. Stennett? Yes. Ms. Akers? Yes. Mr. Beard? Mr. Clark? I'm here. Mr. Ellinger? Here. Mr. Farmer? Here. Mr. Ford? Here. Ms. Gordon? Here. Ms. Henson? Here. Mr. Kay? Here. Mr. Lane? Ms. Lawless? Ms. Massadi? Here. Thank you. All right. Thank you, Meredith. Tonight, for the invocation, we'll stand for a moment of silence. All right. Thank you. Next on our agenda is minutes of the previous meetings, August 28th and September 11th and September 16th. Got a motion by Council Member Ellinger, second by Councilmember Scotchfield. Is there any discussion on the motion? All right. Hearing none, we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Next, we have a presentation to recognize the Kids Cancer Alliance, and if you'll allow me to go to the podium, and we'll make that presentation and then ask for council members to join us for a picture. Okay, so we have Aaron, Wanda, and Nico, who have joined me at the podium here. and they are volunteers representing the Kids Cancer Alliance. So a little background on this. In 1981, Kids Cancer Alliance began as a joint effort between volunteers in the Lake Cumberland area and the Kentucky Cancer Program. Their goal was to provide a routine or normal camping experience for children with cancer. At the time, it was a really novel idea. since at that time there were only five other oncology camps across the country. Kids Cancer Alliance now proudly offers oncology and sibling camps, teen and family retreats, quarterly events, and in-hospital programs, as well as financial support, all completely free to children with cancer and their families. Due to this organization's commitment to serving families most in need, We're all proud today, tonight, to designate this month as Childhood Cancer Awareness Month, and I will read the proclamation, which begins with, whereas in the United States, 15,780 children under the age of 21 are diagnosed with cancer every year, and whereas the objective of Childhood Cancer Awareness Month is to raise awareness about the types of cancer that largely affect children, survivorship issues, and importantly, to help raise funds for research and family support. And whereas the mission of Kids Cancer Alliance is to enhance the quality of life for children with cancer and their families through camp and recreational programs. So now, therefore, I, Jim Gray, as mayor of Lexington, commemorate the important work of the Kids Cancer Alliance in Lexington and declare September 2014 as Childhood Cancer Awareness Month in Lexington. Thank you all. Thank you so much. Good evening, guys. Woody, before we take a picture of you all, would anyone like to speak? Aaron? Sure. Thanks, buddy. Okay. There you go. Well, I'll give it to these guys. They can hold it. Well, thank you very, very much for this wonderful recognition and for designating this month as a Childhood Cancer Awareness Month. Camp is truly a life-changing event for not only the campers and their families, but also the volunteers. And it wouldn't be possible without giving folks and giving businesses who support our program every year. So thank you again to the City Council, and we very much appreciate this recognition. All right. Thank you. Okay, so we'll all gather and take a picture together. Thank you. Thank you. Thank you. On our agenda are ordinances with a second reading, and I'll ask the clerk to please give us a second reading on ordinances. I believe there is one through seven. Ordinance number one, an ordinance amending section 2152 of the Code of Ordinances Abolishing One Position of Information Systems Specialist Senior, Grade 114E, in the Division of Waste Management and creating one position of Information System Specialist Senior, Grade 114E, in the Division of Computer Services, transferring the incumbent and appropriating funds pursuant to Schedule No. 17, effective upon passage of council. Number two, an ordinance amending certain of the budgets of the Lexington Fayette Urban County Government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds, Schedule No. 15. Number three, an ordinance adopting the administrative procedures for reviewing grade assignments made to job classifications as a result of the classification and compensation study conducted by Management Advisory Group. Number four, an ordinance amending Section 2115 of the Code of Ornances providing for the amount of salary increase for temporary appointments, providing that employees receiving a temporary appointment shall sign an acknowledgement letter, and removing the number of persons that the Commission shall certify on the list of eligible candidates, amending Section 2116 of the Code of Ornances providing for the amount of salary increase for acting assignments, and providing that an employee receiving an acting assignment shall sign an acknowledgement letter, amending Amending Section 2117 of the Code of Ordinances, providing that an employee who changes job classifications within the same pay grade shall move to the new job classification at the current salary. Amending Section 2118 of the Code of Ordinances, providing the amount of salary increase for promotions. Amending Section 2126 of the Code of Ordinances, providing the procedure for calculating rates of pay for new employees and deleting the reclassification for the position of communications officer senior apprentice. Amending Section 2126.1 of the Code of Ordinances, deleting salary rates upon promotion and providing the amount of decrease in salary for demotion amending section 2130 of the code of ordinances providing the amount of salary increase for reclassification or reallocation and establishing the effective date amending section 2223 of the code of ordinances providing the procedure for calculating the salaries of new employees and deleting reclassification of the position of legislative aid to council trainee and amending section 2227 of the code of ordinances providing the amount of salary increase for reclassification or reallocation effective september 22nd 2014. Mayor. Madam Clerk, if you'll hold just a second. Council Member Farmer has an inquiry. Yes, mine is at the end of number four. I'm just, in reading over this, for it now to be on second reading, I don't remember seeing this last part about calculating the salaries of the new employees and deleting reclassification of the position of legislative aid to council trainee. If someone could just brief me on that. I'm just not familiar with that change or those terms. Yes. This was done to clean up this ordinance. There is an ordinance currently that says that you can hire a council aide trainee, and then after six months they're automatically reclassed upon the recommendation of the council administrator, automatically reclassed to a council aide. We haven't used in years a council trainee position, so as they were redoing this ordinance, they eliminated that. So you were taking it out because it wasn't being used? It wasn't being used, yes. But did it kind of provide a six-month-out clause in some reason? Why do you think it was originally pondered? That's it. I really don't know the reason for it because it's an unclassified role, so you really didn't need that. So let it be. Thank you, sir. Thank you, Mayor. Councilman Massadi. Thank you, Mayor. Mr. Maxwell, if you wouldn't mind staying at the podium for a moment, I think this is on number three, but you're up there anyways. We just received a last-minute email from the CSEA group, and I guess there's still some concerns that they have. I know you met with them. Do you think that these concerns, I'm not saying that they're not valid, but do you think you can work these out? or just, you know, I'm trying to get my handle on it so we can try to do the best we can for the majority of the employees without there still being some issues at hand. Sure. I know, you know, I met with the CEA president on August the 15th and again on September 15th. There are some fundamental differences that we have. You know, there's some things that they like about it. There's some things they don't like about it. I didn't see this latest last-minute email, so I can't really comment as to what their concerns are. But I can tell you that, generally speaking, in one of my meetings, they wanted to move from an open-range system to a step system that was more like fire and corrections and police. Another issue had to do with the appeal process and having an appeal for everything forever was kind of the parameters. They didn't have any parameters on that, and there were a couple other issues. But I have not seen that email. Again, it's hard for you to be able to discuss that when you don't see it. I just wondered if there's a middle ground that has been reached, or is this one thing? side and there's another side and we can't be able to make a compromise that can maybe help the majority? Well, here's what I can tell you. The study is a sound study. It was put together over about a year and a half. There's been a lot of thought going to it. We've made presentations on it. It's going to help move us from platform A to platform B. Is it going to be a, you know, solve all the world's problems. No, it's not going to do that. But it is going to put us on a path to where we can start having a solid, you know, compensation system. And, you know, and that's, I guess, basically where you all have to decide. You know, but personally, I think it's a good system. And, you know, I would encourage you to support it. Can you give me a real short version or synopsis of what the appeal process is? Just a cliff notes version. Sure. the appeals process on uh for the mag study does have a this date specific so there's a period of time where you could appeal um and basically the the employee has to has to go and get a sign off from his director and commissioner and and then it would come the three of us would meet basically and decide whether or not the, you know, look at all the details. And then we would actually do a study, bring it back to the three group. If there's still no agreement, then we would engage a consultant to take a look at it and make an opinion. And then it would come back to us with that opinion. And if we still didn't agree, it would go to the CAO for a final decision. And every employee has that right? Yes, ma'am. Okay. And when you said they have to go to their supervisors, does the supervisor deem whether they have a valid complaint or not? Well, it has to be signed off by the director and the commissioner of that division. So if their immediate supervisor feels like there's no validity in their complaint, it could be stopped right there. They don't have another appeal process. Okay. Thank you. You're welcome. Council Member Henson. John, you might as well wait. Thank you, Mayor. I just wanted to be clear that I think the reason for doing the study was to avoid or limit the number of inversions that occur. And in the email we received, they gave us an example of three. Now, under the appeals process, it's my understanding that anyone that is in that situation could appeal, correct? Well, so you have an employee that's been here for a long time. You have a new employee come in in a similar position or same position, same classification, and they make more than the person that's been here for several years? Yes. What the Civil Service Employees Association is advocating, if I understand them correctly, and I think I do, is that no one would be hired in lower in a classification than the person who's paid the lowest in that classification. And that's simply, that's not what we do today, and it's simply not doable. Is it, can, but if they feel like that has occurred, they can go through the appeals process, correct? If an inversion occurs. Okay. Okay. There is not an inversion clause in this proposal. there is a there is appeals for grade but there's not an inversion clause okay thank you welcome all right madam clerk you can may continue reading and second readings ordinance number five and ordinance of the lexington fayette urban county government approving a trust agreement dated as of the first day of the month in which obligations are issued there under between the Lexington Fayette urban county government and the trustee named therein providing for the authorization issuance and sale from time to time of sewer system revenue bonds of the Lexington Fayette urban county government providing for the payment of such sewer system obligations and the securing of such payment and authorizing other matters related thereto. Number six an ordinance of the Lexington Fayette urban county government one authorizing the issuance and sale of sewer system revenue refunding bonds series 2014 a in an aggregate principal amount not to exceed $32 million for the purpose of currently refunding the series 2009 bonds to authorizing the issuance and sale of sewer system revenue refunding bonds series 2014 b in an aggregate principal amount not to exceed $13 million for the purpose of advance refunding the series 2010 bonds three funding the reserve account if any and for paying the cost of issuance of the series 2014 bonds and approving forms of the series 2014 bonds, authorizing the execution of a trust agreement to secure such series 2014 bonds, authorizing the preparation and distribution of a preliminary and final official statement, authorizing the execution of a certificate of award for the acceptance of the bid of the purchasers for the purchase of the series 2014 bonds, authorizing the execution of escrow agreements securing the refunded bonds, and authorizing the execution of additional documents, agreements, and certificates necessary to effectuate the issuance of the series 2014 bonds. Number seven, an ordinance adopting the pay grades, job codes, job classifications, job titles, and salary ranges recommended by Management Advisory Group, Incorporated, rescinding Ordinance 197-2002, Pay Equity, as recommended by Management Advisory Group, 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. Moved, approved. Second. Motion by Council Member Ellinger and second by Council Member Myers. Is there any discussion on the motion? And we understand. We've got some citizens who have signed up, and perhaps on this issue, and if you have, I'm told Mr. Jones. Is it Mr. Wilson? I can't read. Oh, yeah. Okay. And Mr. Toussaint. First, I'll let Council Member speak. Council Member Mossade. Mayor, I'd like to have them speak first, then I'll go ahead and make a motion. Okay. Mr. Jones. Good afternoon. Thank you for your time. I got Dwight Williams. He's yielding me his minutes. And I have Raymond Toussaint. He's yielding me his minutes. So that's a total of nine minutes. I ain't going to take all of them, but I am going to try to get out of your way. I got 15 pieces of papers right here that I'm going to pass out to you all. And all of them I blanked. You can pass them out. I'll wait on them to get them. I go on to talk, so I ain't going to use up my minutes while y'all wait. The reason why I gave y'all that blank piece of paper, I called some of you all, and I know I'm not important to you all, so some of you didn't call me back. I'm going to put that out there, so I will be dealing with that when it's time for the vote. But the reason why I gave that blank piece of paper out, because you all did a study, and then you send papers, letters to us to tell us how much money we would be making, how much increase it would be, and it's not just for the Division of Solid Waste. Y'all sent it throughout the Irving County government. But what y'all did, y'all gave us a blank piece of paper with a blank promise. Because some people, even though they shouldn't have, took the letter and went on it as y'all's word that it was going to happen. I ain't going to call no names. Some went and bought cars on the increase. Some went and put their babies in a different daycare on the increase. Some was able to feed their families on the increase. Some was even able to come out of poverty on the increase. When you got employees that's leaving urban county government because they falling below the poverty level, I got to stand up and say something about it. And it's not your fault. It's just a system. But my biggest concern is how can you justify not voting for it when you all created it? because if the study never got to our mailbox to show us what we was being increased on, we would never thought that we would get some more money from you all because every time we get a raise, the insurance goes up, so it knocks out the raise. I'm not here to beg for anything. I'm just asking you all to do the right thing. Don't give us something. and then give us a blank piece of paper back. Because what ended up happening, you have a whole lot of disgruntled employees. Yes, some didn't get it. I understand that. But that's the reason why you have a study. That's why you pay whatever the millions that you paid to get this corrected. You go back and fix it. It ain't all going to be fixed overnight. Urban County government wasn't billed overnight. But this is you all's opportunity to make you all's employees happy and to live more comfortably and to be able to do what they need to do for their families. Over 45% of Division of Solid Waste employees work second jobs. And it could be higher. I'm just giving you what I know. Is it you all's fault? No. but this is an opportunity that some of them guys could get off their second job. Just like you all come to work to take care of y'all's family, that's what we come for, to take care of our family. See, I told y'all I wasn't even going to use all the minutes. I appreciate your time. So when y'all do vote, think about Irving County Government employees and what we elected y'all to do for us. Thank you. Thank you, Mr. Jones. and so uh jeff you spoke for mr for for uh dwight and for uh raymond right okay all right okay thank y'all thank you all right council member sider you want to speak on this issue on this point again yes sir all right thank you mr maxwell i i apologize to have you keep on running up and down and that's why i'm I'm sitting close. Thank you. I think in number three is where the appeals process is, correct? Yes, that's correct. And right now it stands that the date is October 31st, correct? That's correct. Okay. I'd like to ask my council members to make a motion that I would move to amend that date until December 31st because, number one, we tabled it, and that caused a little bit of a delay for someone who maybe wanted to, felt they were aggrieved, and I just think that would give us a little bit more time because there's still some loose ends. So I so move Council member Scotchfield Was that a motion? All right, and there was Motion who's the second council of Scotchfield all right, let's understand the motion clearly Is there good did you understand the Keith would you translate it, please? I believe Council Member Massadi moved to amend this particular ordinance to extend the time for appeals on the study to December 31st, 2014. So not implementation? Correct. It would only affect the appeal time. Does the administration have, does anyone have a, all right, I'm going to ask for discussion, but I'm also going to ask if you have an opinion on it. We're totally supportive of that. All right. Council Member Scutchfield. Well, I think she, I have a. I'll go ahead. Thank you, Mayor. I guess, I know the compensation study does not bode well for, or people are, it's not sitting well with everyone. Anytime we have change, of course that's going to happen. One of the reasons that I supported the tabling of passing all of it two weeks ago, four weeks ago, whenever we did, is because I thought we needed to make sure we had the appeals process in place. I did not think it was fair to the employees to pass a compensation study and not have a way for the employees to appeal things that they think are wrong. And I don't think that the director would say that there are things that we may need to correct, and we know that. But with the appeals process, at least each individual can have their issues resolved. Thank you. Council Member Hanson. Thank you, Mayor. If I remember correctly, when I was under the impression that the appeals process wouldn't have a date on it, that it would be an ongoing, I made that motion to remove the date. Do you remember Sally? I'm certainly in favor of approving the comp study, but I just want to make sure that the appeals process does what it should do. Okay, and I'm not, you may have to help me with my memory here. Let me sort of explain that date. Maybe that date would be helpful, too. The purpose of the date is that all those appeals would be in by the 31st. Correct. And therefore, we would have time to prepare for any budget adjustments that we needed to make. And those budget adjustments then would go into the budget that we would be preparing in February. And that's why there was that date put in there. Now, I think to your other point, though, that you raised with us was, and that the council raised with us, was we would continuously throughout this new system be reviewing again these classifications, and this process would not be static. It would not have a beginning and ending date. You know, we would continually review. But the reason for that date in the appeals was to get ready for the next budget to insert those. Okay. So the appeals process will be ongoing. but just for the next physical well physical year yes we would need those in place we would stop but I think that I mean we can talk about dates we can talk about whatever we want I think what the council has told us very loud and clear is there needs to be a way for employees to appeal and and the whole world is set up on appeals and appellate courts and everything else so we all understand that. So I think what we have to do is we will go to use this date of December 31st to prepare for the budget, but there is not going to be some magical of we have, you really have, we've made a mistake with you, but it's the 2nd of January, so too bad. I mean, we've just got to use our common sense with all this. Would it be possible somehow to say that if you if it's found that you should be either reclassified or an inversion occurred that that will not be corrected until the next physical year? Those, what we, what this, what that appeals process that we submitted says, or we call it an administrative review is that what was found in that review would be would come into the next year's budget okay that we would submit it to your all's review to see if you felt we were right in the next year's budget and you think december 31st is a good we you know we start to really finalize this thing in february so and if we do this appeals right we need to really think through it okay not just you know so to take some take some time with it because we'll get a lot of them i think okay thank you thank you thank you for your interest all right that's all council members who've signed on to speak if we make this change will that require a new first reading would be material i don't think this would be a material change it's not going to change your title and it's increasing the time period for employees to appeal rather than decreasing that time period thank you sir councilor meyers thank you mayor say cio hamilton could you come up just one second i want to be sure i understood you correctly so the deadline is december 31st to try to get into this this coming budget that you're going to be working on in february but say someone comes up with a with an appeal end of january and you guys decide that they're correct. It runs through the council. We agree with you. Are you saying that that won't get corrected for them until the next fiscal year? Anything, any appeal period coming into that 31st, any appeals that we would be using right now, the monetary, if there was a monetary change, we would put it in to next year's budget. Because see, we haven't budgeted any funds. Right, right. And for, let's say it happened January 31st, I would hope that we would be flexible enough to say, we're not cutting off and you go into the next, next fiscal year that we would deal with it then. Okay. We need to use, we need to use common sense with these appeals. And if we see a problem, we need to fix it and not worry about 30 or 14 days. Okay. Thank you very much. I think that's what you all would like us to do. Yes. Thank you. Thank you, Mayor. Thank you, Councilman Myers. all right madam clerk you may continue you may continue reading wait a minute wait a minute yeah vote on the motion yep um we vote now all in favor of the motion please indicate by saying aye aye opposed no motion carries now madam clerk you may continue reading whenever what I believe we've completed reading, so we have a motion on the floor to approve the ordinances. Please call the roll. Mr. Myers? Yes, ma'am. Ms. Scutchfield? Yes. Mr. Stennett? Yes, ma'am. Ms. Akers? Yes. Mr. Clark? Yes. Mr. Ellinger? Yes. Mr. Farmer? Yes, ma'am. Mr. Ford? Yes. Ms. Henson? Yes. Mr. Kay? Yes. And Ms. Massadi. Yes. Thank you. Okay. The vote reflects passage of the motion and allows us to move on to ordinances for a first reading. Whenever you're ready. Meredith. Ordinance number eight. An ordinance changing the zone from a highway service business B3 zone with conditional zoning restrictions to a highway service business B3 zone with modified conditional zoning restrictions for 9.92 net, 13.62 gross acres for properties located at 950, 960, 961, 973, and 980 Midnight Pass, 3101 Wall Street, and 3052 and 3084 Beaumont Center Circle, Haymaker Development Company, LLC, Council District 10. Number 9, an ordinance changing the zone from an expansion area residential 3 transition area EAR3TA zone to a community center CC zone for 14.82 net 16.49 gross acres for property located at 2500 Polo Club Boulevard, a portion of, including a height variance A&M Hamburg LLC, Council District 12. Number 10, an ordinance changing the zone from a single-family residential R1D zone to a high-density apartment R4 zone for 3.66 net, 4.54 gross acres for property located at 3400 Todd's Road, Andover Townhouse Partners, PLLC, care of Doug Charles, Council District 7. Number 11, an ordinance amending Article 23A of the zoning ordinance to allow a second building exceeding 50,000 square feet in size in the Community Center CC Zone Urban County Planning Commission. number 12 and ordinance amending sections 23 6a 6 23 13a and 23 18c of the code of ordinances relating to the minimum age requirements for firefighter appointment the preference points for county residents and minimum and maximum age requirements for firefighter candidates number 13 an ordinance creating and establishing forbid a non-exclusive telecommunications or related non-cable franchise for the placement of facilities for the generation transmission distribution and sale of telecommunications or related non-cable services within the public rights of way of Fayette County for a 12-month duration with an additional extension of time not to exceed six months if a long-term franchise is not offered prior to expiration and providing for compliance with other relevant laws, regulations, standards, and ordinances, definitions, work, materials, and construction standards, wire, moving, and tree trimming, performance bonds, indemnification, insurance, access to property and inspections, notice of filings with the public service commission, no vested rights, limited assignment, notice of foreclosure and bankruptcy, cancellation or termination, violations and penalties, permitting and inspection fees, additional permitting and other requirements for substantial new construction and bid requirements, all effective on date of passage. Number 14, an ordinance amending certain of the budgets of the Lexington Fayette Urban County Government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds, Schedule Number 16. And Number 15, an ordinance amending certain of the budgets of the Lexington Fayette Urban County Government to reflect current requirements for funds in the amount of $750 for the Division of Environmental Policy from Neighborhood Development Funds for the Tree Planting Project on Eastway Drive, Schedule No. 19. All right, thank you, Madam Clerk. Are there any motions for walk-ons or suspensions for second reading? Council Member Hanson? Yeah, Council Member Hanson. Thank you, Mayor. I move to suspend the rules and give second reading to No. 12, please. and this would be so the fire department can go ahead and advertise for these positions. Second. All right. Motion by Council Member Henson and seconded by Council Member Scotchfield. Is there any discussion on the motion? All right. Hearing none, we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Thank you. Council Member Clark. Yes, thank you. Thank you, Mayor. I move to suspend the rules and give second reading of ordinance number eight. Second. second motion by councilman clark second by councilman myers on number eight is there any discussion all right if not then we can vote all in favor please say aye aye opposed no motion carries uh councilmember acres thank you mayor um i make a motion to give second reading to item number 32. wait just oh sorry we've got it that's member farmer we need we We don't have 10 council members. 1, 2, 3, 4, 5, 6, 7, 8, 9. Peggy's going to get it. You're not going to do it. All right. All right. Meredith, we're not going to get another second read. motion so whenever you're ready you can give us a second read are we okay keith on that on that last motion probably should do that one again let's do that last motion again this is on councilmember Clark's motion on number what was it number eight all in all in favor of second read on number eight who is the motion was by councilman Clark second was by councilor Myers all in favor please indicate by saying I I opposed no all right motion carries right now madam clerk if you'll please give us a second read thank you ordinance number eight for second reading and ordinance changing the zone from a highway service business b3 zone with conditional zoning restrictions to a highway service business b3 zone with modified conditional zoning restrictions for 9.92 net 13.62 gross acres for property located at 950 960 961 973 and 980 midnight pass 3101 wall street and 3052 and 3084 beaumont center circle haymaker development company llc council district 10. and number 12 and ordinance amending sections 23 6a 6 23 13 a and 23 18 c of the code of ordinances relating to the minimum age requirements for firefighter appointment the preference points for county residents and minimum maximum age requirements for firefighter candidates all right thank you thank you madam clerk is there a motion to prove motion by councilman ellinger second by councilmember hansen is there any discussion on the motion. I'm hearing none. Madam Clerk, when you're ready, please call the roll. Mr. Myers? Yes. Ms. Scutchfield? Yes. Mr. Stennett? Yes, ma'am. Ms. Akers? Yes. Mr. Clark? Yes. Mr. Ellinger? Yes. Mr. Farmer? Yes, ma'am. Mr. Ford? Ms. Henson Yes Mr. K Yes And Ms. Massadi Yes All right, vote reflects passage of the motion Allows us to move on to a second reading of resolutions Numbers 1 through 22 Resolution number one, a resolution accepting the bid of Classic Clean Pro LLC establishing a price contract for custodial services police roll call west for the Division of Facilities and Fleet Management. Number two, a resolution accepting the bid of carry Toyota Incorporated in the amount of $177,160 for 2014 and 2015 Toyota Tacoma Trucks for the Division of Facilities and Fleet Management. Number three, a resolution accepting the bids of MCPC Incorporated and Black Hawk Enterprises Incorporated establishing price contracts for video equipment for the Division of Traffic Engineering. Number four, a resolution accepting the bid of Aquatic Renovation Systems Incorporated doing business as Renosis Corp. in the amount of $150,200 for installment replacement of pool liners for parks in the Division of Parks and Recreation. Number five, a resolution accepting the bids of J. Edinger and Son Incorporated, Central Indiana Truck Equipment Corporation and Municipal Equipment Incorporated establishing price contracts for refuse body repairs for the Division of Facilities and Fleet Management. Number six, a resolution ratifying the probationary civil service appointments of Daniel Estes, Public Service Supervisor, Grade 111N, 19.724 hourly in the Division of Streets and Roads, Christopher Cummins, Environmental Inspector, Grade 113N, 21.182 hourly in the Division of Water Quality, both effective September 22nd, 2014, James Duncan, Skilled Trades Worker Senior, Grade 112 N, 24.686 hourly in the Division of Facilities and Fleet Management. Effective September 8, 2014. Ratifying the permanent civil service appointments of Amanda Sweeney, payroll analyst. Grade 115 E, 1,853.44 biweekly. In the Division of Accounting, effective August 25, 2014. Mark Pheebs, Municipal Engineer Senior. Grade 119 E, 3,047.76 biweekly in the Division of Engineering. Effective September 10, 2014. Larry Lewis, Environmental Initiative Specialist. grade 115 e 1008 22.88 by weekly in the division of environmental policy effective august 22nd 2014 and sandra jordan staff assistant senior grade 108 n 18.711 hourly in the division of police effective august 24th 2014 ratifying the demotion of david fender public service supervisor grade 111 e 100586.32 biweekly in the division of water quality effective august 25th 2014. Number seven, a resolution authorizing the mayor on behalf of the urban county government to execute an amendment to the lease agreement with Ann Tower Gallery LTD for the lease of space at the downtown arts center. Number eight, a resolution authorizing the mayor on behalf of the urban county government to execute a facility usage agreement with the Fayette County Board of Education for the Kitty Capers program at Norseworthy Auditorium at a cost not to exceed $1,466.85. since. Number nine, a resolution authorizing the Division of Emergency Management 9-1-1 to accept a quote for outdoor warning sirens from Federal Signal and Security System, a sole source provider, at a cost not to exceed $30,000. Number 10, a resolution authorizing the mayor on behalf of the urban county government to execute an exchange of information agreement with the Department of Revenue, Finance, and Administration Cabinet for the Commonwealth of Kentucky at no cost to the urban county government and further authorizing the director of revenue and other personnel to execute any documents related to the confidentiality of such information. Number 11, a resolution authorizing and directing the mayor on behalf of the urban county government to execute and submit a grant application to the Kentucky Energy and Environment Cabinet to provide any additional information requested in connection with this grant application and to accept this grant if the application is approved, which grant funds are in the amount of $149,036.20 Commonwealth of Kentucky funds are for continuation of the litter abatement program, the acceptance of which does not obligate the urban county government for the expenditure of funds and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 12, a resolution authorizing the mayor on behalf of the urban county government to execute a memorandum of understanding with Fayette County Public Schools for transportation services for the family care center students and their children for the 2014-2015 school year at a cost not to exceed $85,643.22. Number 13, a resolution authorizing the mayor on behalf of the urban county government to execute a certificate of consideration and to accept a deed of easement from Central Bank and Trust Company for property located at 256 Southland Drive for the installation of a traffic signal pole for the Southland Drive Regency Road traffic signal rebuild project and authorizing payment to Central Bank and Trust Company in an amount not to exceed $350. Number 14, a resolution authorizing the mayor on behalf of the Urban County government to execute a statement of work agreement pursuant to Commonwealth of Kentucky Master Agreement 758-13-0000-5121 with SDG Blue LLC for phase one of the implementation of the new Lexington Fayette Urban County Government occupational tax system at a cost not to exceed $131,250. Number 15, a resolution of the Lexington Fayette Urban County Government authorizing the advertisement for bids and the distribution of preliminary official statement. We got a quorum problem again. okay y'all let's hang in here all right go ahead peggy's here we're okay with as long as she's in the room but if we if anybody else is out of the room then we have to stop preliminary official statement for the purchase of the principal amount of its sewer system Revenue Refunding Bond Series 2014 in an amount not to exceed $45 million. Number 16, a resolution authorizing the mayor on behalf of the Irving County Government to execute facility usage agreements with various youth baseball leagues for field usage for youth baseball leagues. Number 17, a resolution authorizing the mayor on behalf of the Irving County Government to execute a federal equitable sharing agreement with the Department of Justice and the Department of the Treasury for participation in the equitable sharing program. Number 18, a resolution authorizing the mayor on behalf of the Irving County Government to execute an agreement awarding a Class B infrastructure incentive grant for stormwater quality projects to Lexmark International Incorporated at a cost not to exceed $350,000. Number 19, a resolution authorizing the mayor on behalf of the Irving County Government to execute an agreement with Kathy H. Witt, Sheriff of Fayette County, for the collection of the ad valorem urban service district taxes for the 2014 property tax year at a cost not to exceed $350,000 with payment net from collections. Number 20, a resolution authorizing the mayor on behalf of the Irving County Government to execute change order number one to the agreement with Free Contracting Incorporated for the Acton Park Sanitary Sewer Project, increasing the contract price by the sum of $47,930 from $689,507.50 to $737,437.50. Number 21, a resolution authorizing the mayor on behalf of the Irving County Government to execute a facility usage contract with the Fayette County Board of Education for the extended school program and recreational enrichment and learning program at a cost not to exceed two hundred three thousand dollars and number 22 a resolution authorizing the mayor on behalf of the urban county government to execute a group sales agreement with the hilton lexington downtown for catering services for the kentucky cyber security summit at a cost not to exceed twelve thousand dollars all right thank you madam clerk second motion to approve by council member ellinger and second by council member henson is there any discussion on the motion all right then if not begin okay councilman Rakers councilman Rakers thank you he's telling me now again um I want to do a second reading oh these are so not there yet all right okay one two three four five six all right councilman farmers here all right madam clerk coloro please mr myers yes ma'am miss scotchfield yes mr stennett miss acres yes ma'am mr clark yes mr ellinger yes mr farmer yes ma'am mr ford Ms. Henson? Yes. Mr. K? Yes. And Ms. Massadi? Yes. Thank you. All right. Thank you, Madam Clerk. Vote reflects passage of the motion. Allows us to move to first reading resolutions. Resolution number 23. Resolution accepting the bid of Marilla design and construction in the amount of $8,882,900 for the construction of Replacement Senior Citizen Center for the Department of General Services and authorizing the mayor on behalf of the Irby County government to execute an agreement with Marilla Design and Construction related to the bid. Number 24, a resolution accepting the bids of the Allen Company, Inc., ASL Excavating, Inc., LM Asphalt Partners, LTD, doing business as ATS Construction, Bluegrass Contracting Corporation, Sensabaugh Design and Construction, LLC, Todd Johnson Contracting Incorporated, Tom Chestnut Excavation and Construction, LLC, Woodall Construction Company Incorporated, and ZKB Services, LLC, establishing 2014 construction unit price contracts for the Division of Engineering. Number 25, a resolution accepting the bid of Prometheus Foundry, LLC, doing business as Prometheus Art in the amount of $57,040 for Gratz Park sculpture restoration. I'm sorry, Meredith. Is Council Member Farmer in the room? Yep, Council Member Farmer's here. Who's not? One, two, three, four, five, six, seven, eight. Thank you. What? All right, Madam Clerk, please continue. Let's see. Gratz Park Sculpture Restoration for the Division of Parks and Recreation and authorizing the mayor on behalf of the Irving County Government to execute any necessary agreement with Prometheus Art related to the bid. Number 26, a resolution accepting the bid of Crown Services Incorporated, establishing a price contract for temporary labor for General Services Facilities Management. Number 27, a resolution ratifying the probationary civil service appointments of Tyler Scott, Administrative Officer Senior, Grade 120E, 200320.72 biweekly in the Department of Finance, Teresa Maynard, Administrative Officer, Grade 118E, 2005.12 biweekly in the Department of Social Services, both effective October 6, 2014. Ratifying the permanent civil service appointments of Alex Hicks, Public Service Supervisor, Grade 111N, 18.458 hourly, and Randall Wilson, Public Service Worker Senior, Grade 107N, 12.325 hourly, both in the Division of Streets and Roads, effective August 24, 2014, and Demetria Milhorn, Program Manager Senior, Grade 120E, 2608, biweekly in the Division of Environmental Policy, effective September 10, 2014. And ratifying the unclassified civil service appointments of Araceli Castillo Ramirez, Family Support Worker Senior, Grade 112N, 16.150 hourly in the Division of Family Services, effective September 15, 2014. And Leslie Adams, ESP Supervisor, Grade 114E, 1,756.96 biweekly in the Division of Parks and Recreation effective September 22nd 2014. Number 28 a resolution authorizing the division of human resources to make a conditional offer to the following probationary civil service appointments Donnie Salmons telecommunicator grade 111 N 21.164 hourly in the division of emergency management 9-1-1 Jenny Bennefield staff assistant senior grade 108 N 14.468 hourly in the division of building inspection and William Strong heavy equipment technician grade 113 N 26.543 hourly in the division of facilities and fleet management all effective october 6 2014 and gerald alford vehicle and equipment mechanic grade 110 and 21.430 hourly in the division of parks and recreation effective upon passage of council authorizing the division of human resources to make a conditional offer to the following unclassified civil service appointments penelope evil administrative specialist senior grade 112 and 21.154 hourly in the office of the mayor effective September 22nd, 2014. Virginia Hernandez, clerk, grade Z11, 13.500 hourly in the Division of Family Services, effective October 6th, 2014. And Jacqueline Nomsal, equipment operator, grade 108 and 13.193 hourly in the Division of Youth Services, effective upon passage of counsel. Number 29, a resolution authorizing the mayor on behalf of the urban county government to execute agreements with Carnegie Center for Literacy and Learning, $800, and Kentucky Chinese American Association Incorporated $300 for the office of the Urban County Council at a cost not to exceed the sum stated. Number 30, a resolution authorizing the mayor on behalf of the Urban County Government to donate to Ms. Sandra Sharkey the police horse Panzer who is being retired due to injuries. Number 31, a resolution accepting the proposal of Group CJ to RFP No. 26-2014 and establishing a price contract for graphic design services for various departments and divisions of the Urban County Government. Number 32, a resolution authorizing the mayor on behalf of the Lexington Fayette Urban County government to execute two deeds, two easements, and any other documents necessary to transfer a portion of the properties located at 1631 Old Frankfort Pike and 1900 Leastown Road and to grant temporary construction easement across the properties located at 1795 Old Frankfort Pike and 1138 Finney Drive to the Kentucky Transportation Cabinet for the project to widen New Circle Road. Number 33. She does. A resolution authorizing and directing the mayor on behalf of the Urban County government to execute an agreement with the Fayette County Commonwealth Attorney's Office for a fast-track prosecutor for the street sales drug enforcement project at a cost not to exceed $65,656. Number 34, a resolution authorizing the mayor on behalf of the urban county government to extend multi-year agreements with V-Bridge Highland Enterprise Content Management System for on-base maintenance for five years beginning fiscal year 2015 for the Division of Computer Services at a cost not to exceed $71,361.86 for fiscal year 2015. All right. Thank you, Madam Clerk. I'm going to ask Councilmember Scotchfield has a motion to amend number 35, and I'm also going to turn the chair over to Councilmember Ellinger. Thank you, Mayor. Thank you, Mayor. Thank you. Councilmember Ellinger. I move to amend resolution number 35 under the first reading of resolutions specifying the intention of the Urban County Council to expand and extend partial urban services district number 3 to add certain properties on tradition circled to the area included. Second. We have a motion and we have a second. Do we have any discussion on this? Seeing none, all those in favor say aye. Aye. All those opposed? Would you read number 35 as amended and continue the first readings, please? Thank you. Resolution number 35 as amended, a resolution specifying the intention of the Urban County Council to expand and extend partial urban services district number three to provide garbage and refuse collection, finding a need for this service in the area included, and finding the ability of the Urban County government to provide this service in this area, which area is defined as certain properties on the following streets. Bob White Trailed, Policiana Lane, Tradition Circle, Beacon Street, Majestic Drive, Monarch Street, Veranda Place, and Wall Street. Number 36. A resolution specifying the intention of the Urban County Council to expand and extend partial urban services district number 7 to provide garbage and refuse collection and street cleaning, finding a need for these services in the area included, and finding the ability of the Urban County Government to provide the services in this area, which area is defined as certain properties on the following streets. Summersley Place, Deerhaven Lane, Meeting Street, Russell Cave Road, Newtown Pike, Our Tibbs Trail, Stolen Horse Trace, Wentworth Place, Lockmere Loop, Lockmere Court, Old School House Lane, and Lockmere Place. Number 37, a resolution authorizing and directing the mayor on behalf of the urban county government to execute an agreement for professional services with Pennsylvania Coalition Against Rape for an on-site training to enhance coordinated community response to domestic violence at a cost not to exceed $1,000. Number 38, a resolution authorizing the mayor on behalf of the urban county government to execute an agreement with JFG Enterprises Incorporated relating to the construction and dedication of sanitary sewerage facilities for the purpose of providing sanitary sewer service to properties located within the boundaries of the Blue Sky Rural Activity Center. Number 39, a resolution amending Section 2.103 of Appendix A Rules and Procedures of the Lexington-Fayette Urban County Council creating the following standing committees, Planning and Public Safety, Social Services, Community Development and General Government, Environmental Quality and Public Works, and Budget and Finance and Economic Development, providing that the Budget and Finance and Economic Development Committee shall meet as the committee of the whole and shall be chaired by the vice mayor or a designee effective January 1, 2015. Number 40, a resolution authorizing the mayor on behalf of the urban county government to execute a release of easement releasing sanitary sewer easements on properties located at 3401 Nicholasville Road, 3555 Nicholasville Road, and 3615 Nicholasville Road. Number 41, a resolution authorizing the mayor on behalf of the urban county government to execute a release of easement releasing storm sewer easements on properties located at 3401 Nicholasville Road, 3555 Nicholasville Road, and 3615 Nicholasville Road. Number 42, a resolution authorizing the mayor on behalf of the urban county government to execute a three-year lease agreement with VAR Resources Incorporated to provide Apple MacBook Pro laptops through CDW Government Incorporated to the coroner's office at a cost not to exceed $4,420.36 fiscal year 2015 with future fiscal years subject to sufficient funds being appropriated. Number 43, a resolution authorizing and directing the mayor on behalf of the urban county government to execute and submit a grant application to the Kentucky Justice Cabinet to provide any additional information requested in connection with this grant application and to accept this grant if the application is approved, which grant funds are in the amount of $40,380 federal funds are for continuation of the sexual assault nurse examiner program, the acceptance of which obligates the urban county government for the expenditure of $28,150 as a local match and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 44, a resolution authorizing the mayor on behalf of the urban county government to accept the proposals of and execute engineering services agreements with the following pre-qualified engineering firms, AFA Engineering, LLC, CMTA, Inc., Shrout, Tate, Wilson Mechanical and Electrical Engineers, and Paladin, Inc. to provide professional services, HVAC, under RFP No. 34-2014 with future work awarded and funds budgeted on a project basis. Number 45, a resolution authorizing the Division of Water Quality on behalf of the Irving County Government to partner with Resource Institute Incorporated for the purpose of submitting water quality capital project-oriented grant applications to the U.S. Department of Agriculture Resource Conservation Partnership Program. Number 46, a resolution authorizing and directing the mayor on behalf of the urban county government to execute an addendum to the memorandum of understanding with the Lexington Fayette County Health Department for fats, oil, and grease training services, renewing the memorandum for one year at a cost not to exceed $1,200. Number 47, a resolution authorizing and directing the mayor on behalf of the urban county government to execute and submit 11 grant applications to the Kentucky Transportation Cabinet and the Lexington Metropolitan Planning Organization and to provide any additional information requested in connection with these grant applications, which grant funds are in the amount of $8,794,868 federal funds under the Transportation Alternatives Program and are for the Brighton Trail Bridge, $1,699,552, The West Loudoun Avenue Sidewalk Project, $498,400. The West Hickman Trail South, $708,916. The Hope Center Trail, $200,000. The Town Branch Commons Midland Section, $3,200,000. The Richmond Road Intersection Pedestrian Improvements Project, $184,000. The Winchester Road East 7th Street Liberty Road Intersection Improvements Project, $224,000. The Shinaway Road Intersection Improvements Project, $336,000. The Fayette County Elementary School Zone Enhancements Project, $272,000. The West 4th Street Streetscape Improvements Project, $1,040,000. And the Old Frankfurt Pike Historic and Scenic Byway Viewing Areas and Turnouts Project, $432,000. Number 48, a resolution authorizing the mayor on behalf of the urban county government to execute a facility usage agreement with Lexington Center Corporation for use of the Lexington Opera House for kiddie capers at a cost not to exceed $8,100. A resolution authorizing number 49, a resolution authorizing and directing the mayor on behalf of the urban county government to accept a grant from the U.S. Department of Justice, which grant funds are in the amount of $34,405 federal funds under the state criminal alien assistance program are for reimbursement of costs related to the incarceration of undocumented criminal aliens, 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. 50, a resolution approving the granting of an inducement to Funai Lexington Technology Corporation pursuant to the Kentucky Business Investment Act, KRS Subchapter 154.32, whereby the Lexington-Fayette Urban 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 Funai Lexington Technology Corporation has with the Kentucky Economic Development Finance Authority and or the urban county government related to the project and taking other related action. Number 51, a resolution approving the granting of an inducement to Creative Lodging Solutions, LLC, pursuant to the Kentucky Business Investment Act, KRS Subtractor 154.32, whereby the Lexington Fayette Urban 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 Creative Lodging Solutions, LLC, has with the Kentucky Economic Development Finance Authority and or the Urban County Government related to the project and taking other related action. Number 52, a resolution accepting the response of URS Corporation to RFP number 37, 2014, Lexington Area Metropolitan Planning Organization Regional Intelligent Transportation System Architecture Study, and authorizing the mayor on behalf of the urban county government to execute an engineering services agreement with URS Corporation to provide services related to the RFP at a cost estimated not to exceed $77,250. Number 53, a resolution authorizing the mayor on behalf of the urban county government to accept a donation of 30 hard hats from Bullard, a protective equipment company for use at the groundbreaking of the new senior center at no cost to the urban county government. Number 54, a resolution authorizing the mayor on behalf of the urban county government to execute agreements with Center for Entrepreneurship Services, Inc., $850, Athens-Charlesburg Elementary PTA, $1,500, Radio Eye, Inc., $800, and Miss Kentucky Scholarship Local Preliminary, $325 for the office of the urban county council at a cost not to exceed the sum stated. number 55 a resolution authorizing the mayor on behalf of the urban county government to execute a 40 month 48 month lease agreement with xerox corporation limited for two printers for the division of computer services at a cost not to exceed 13 692.60 fiscal year 2015 with future fiscal years subject to sufficient funds being appropriated thank you do we have any walk-ons Councilmember Clark thank you mr. chair I have a walk-on I moved to place on the docket a resolution authorizing the mayor to execute a letter of agreement with the Norfolk Southern Railroad Railway Company for construction of improvements at the railroad crossing on Southland Drive for the Southland Drive bike lane project at a cost not to exceed forty two thousand four hundred dollars so move I've got a motion to say by Councilmember Farmer any discussion all those in favor say aye all those opposed that passes could you give the first reading on that please this will be resolution number 56 a resolution authorizing and directing the mayor on behalf of the urban county government to execute a letter of agreement with norfolk southern railway company for construction of improvements at the railroad crossing on southland drive for the southland drive bike lane project at a cost not to exceed 42 400 thank you do we any motions this has been uh councilmember farmer thank you sir i have four the first one is on item number 23. this is to allow us to move forward with the senior citizen center do you want to miss a group once you do all four and then we can vote on the four so that's number 23 for a second the next one is number 38 and this would allow progress on the sewering project at blue sky to to move ahead and number 39 which this this resets our meeting schedule and provides the opportunity to complete the calendar for the next council year and lastly number 47 which is at the request the administration to go ahead and get the transportation alternatives list turned into the mpo those four for second reading so moved we have a motion second by council member myers for numbers 23 38 39 and 47. any discussion council member farmer i mean farmer i'm sorry um mr farmer uh in the discussion see none all those in favor say aye all those opposed that passes uh thank you councilmember scutchfield thank you um i have a motion to spin the rules and give second reading to number 54. we have a motion and a second for number 54. any discussion all those in favor say aye all those opposed that passes council member myers thank you mr chair at the request of the administration i move to spend the rules and get second meeting number 29. we have a motion we have a second and second by councilmember farmer any discussion all those in favor say aye I was opposed that passes councilmember Clark thank you chair I move to suspend the rules and give second reading to what I think is now number 56 so move we have a motion is second by councilmember farmer any discussion all those in favor say aye I was opposed that passes councilmember acres thank you chair I I move to suspend the rules on number 32 and give second reading so that the state can move forward with widening of New Circle Road. So moved. Second. I have a motion and a second by Council Member Scutchfield. Any discussion? All those in favor say aye. Aye. All those opposed, that passes. Council Member Henson. Thank you, Council Member Ellinger. I move to suspend the rules and give second reading to number 28. and this is the usual conditional offers for employment. Second. We have a motion and a second by Council Member Farmer. Any discussion? All those in favor say aye. Aye. All those opposed, that passes. Any other motions to suspend? Council Member Ford. Thanks, Chair. I make a motion to suspend the rules and give second reading to Resolution No. 25 to accelerate the restoration project for Grants Park. so moved we have a motion and a second by councilmember K some discussion councilmember Farmer we all have to agree don't we because there's just that few left we had to wait it while you were gone three times yeah we need you need 10 votes to pass I agree aye okay all those in favor say aye all those opposed that passes councilmember stinnet thank you chair item number 45 so we move forward with the grand application process we have a motion and a second by councilor Myers any discussion all those in favor say aye all those opposed that passes thank you chair thank you councilmember Massadi okay councilmember sketchfield I have been requested to make a motion on behalf of the administration for a second reading on 55 and the motion is second by councilman farmer any discussion all those in favor say aye I was opposed that passes all right any other motions seeing none let me go through these real quick and make sure I have them all 23 25 28 29 32 38 39 45 47 54 55 and 56 is that correct okay do I have a motion we have a motion we need to give those second I have a motion to get a second reading, yes. We ready to proceed with that? Yes, would you read those, please? Resolution number 23, a resolution accepting the bid of Marilla Design and Construction in the amount of $8,882,900 for the construction of Replacement Senior Citizens Center for the Department of General Services and authorizing the mayor on behalf of the Urban County Government to execute an agreement with Merlina Design and Construction related to the bid. Number 25. A resolution accepting the bid of Prometheus Foundry, LLC, doing business as Prometheus Art in the amount of $57,040 for Gratz Park Sculpture Restoration for the Division of Parks and Recreation and authorizing the mayor on behalf of the Urban County Government to execute any necessary agreement with Prometheus Art related to the bid. Number 28. A resolution authorizing the Division of Human Resources to make a conditional offer to the following probationary civil service appointments. Donnie Salmons, telecommunicator, grade 111N, 21.164, hourly in the Division of Emergency Management, 9-1-1. Jenny Benningfield, Staff Assistant Senior, grade 108N, 14.468, hourly in the Division of Building Inspection. And William Strong, heavy equipment technician, grade 113N, 26.543, hourly in the Division of Facilities and Fleet Management, all effective October 6, 2014. And Gerald Alford, vehicle and equipment mechanic, grade 110N, 21.430, hourly in the Division of Parks and Recreation, effective upon passage of council. Authorizing the Division of Human Resources to make a conditional offer to the following unclassified civil service appointments. Penelope Ebel, Administrative Specialist Senior, Grade 112N, 21.154 hourly in the Office of the Mayor, effective September 22, 2014. Virginia Hernandez Clerk, Grade Z11, 13.500 hourly in the Division of Family Services, effective October 6, 2014. And Jacqueline Nomsal, Equipment Operator, Grade 108N, 13.193 hourly in the Division of Youth Services, effective upon passage of counsel. Number 29, a resolution authorizing the mayor on behalf of the urban county government to execute agreements with Carnegie Center for Literacy and Learning, $800, and Kentucky Chinese American Association, Inc., $300, for the office of the urban county council at a cost not to exceed the sum stated. Number 32. 38 a resolution authorizing the mayor on behalf of the urban county government to execute an agreement with jfg enterprises incorporated relating to the construction and dedication of sanitary sewerage facilities for the purpose of providing sanitary sewer service to properties located within the boundaries of the blue sky rural activity center number 39 a resolution amending section 2.103 of appendix a rules and procedures of the lexington fayette urban county Council creating the following standing committees planning and public safety social services community development and general government environmental quality and public works and budget and finance and economic development providing that the budget and finance and economic development committee shall meet as the committee of the whole and shall be chaired by the vice mayor or a designee effective January 1 2015. Number 45. A resolution authorizing the Division of Water Quality on behalf of the Urban County Government to partner with Resource Institute Incorporated for the purpose of submitting water quality capital project oriented grant applications to the U.S. Department of Agriculture Resource Conservation Partnership Program. Number 47. thousand four hundred dollars the West Hickman Trail South seven hundred and eight thousand nine hundred and sixteen dollars the Hope Center Trail two hundred thousand dollars the Town Branch Commons Midland section three million two hundred thousand dollars the Richmond Road intersection pedestrian improvements project one hundred and eighty four thousand dollars the Winchester Road East Seventh Street Liberty Road intersection improvements project two hundred twenty four thousand dollars the Shinaway Road intersection improvements project three hundred thirty six thousand dollars the Fayette County Elementary School Zone enhancements project two hundred and $172,000 the West 4th Street streetscape improvements project 1 million forty thousand dollars and the old Frankfurt Pike historic and scenic byway viewing areas and turnouts project $432,000 Number 54 A resolution authorizing the mayor on behalf of the urban county government to execute agreements with Center for Entrepreneurship Services Incorporated $850, Athens-Charlesburg Elementary PTA $1,500, Radio Eye Incorporated $800, and Miss Kentucky Scholarship Local Preliminary $325 for the Office of the Urban County Council at a cost not to exceed the sum stated. Number 55, a resolution authorizing the mayor on behalf of the Urban County Government to execute a 48-month lease agreement with Xerox Corporation Limited for two printers for the Division of Computer Services at a cost not to exceed $13,692.60 fiscal year 2015 with future fiscal years subject to sufficient funds being appropriated. And number 56, a resolution authorizing and directing the mayor on behalf of the urban county government to execute a letter of agreement with Norfolk Southern Railway Company for construction of improvements at the railroad crossing on Southland Drive for the Southland Drive bike lane project at a cost not to exceed $42,400. Thank you. Do I have a motion to approve? She's read 56. Yeah, we've read them all. I think Council Member Scutchfield got the motion and Council Member Acres got the second. Would you take Acres? Yes. Would you take the roll, please? Mr. Myers? Yes, ma'am. Ms. Scutchfield? Yes. Mr. Stennett? Yes, ma'am. Ms. Acres? Yes. Mr. Clark? Yes. Mr. Ellinger? Yes. Mr. Farmer? Yes, ma'am. Mr. Ford? Yes. Ms. Henson? Yes. Mr. Kay? Yes. Ms. Masati? Yes. Thank you. Those pass. Do I have a motion to approve the communication from the mayor? Second. We have a motion for Council Member Farmer and a second by Council Member Kay. All those in favor say aye. Aye. All those opposed, that passes. The communications from the mayor is for information only. Council members, would you sign up, please, for announcements? Any council members? council member farmer thank you sir um i didn't have time to make comment on tuesday last year my accident on a saturday night when we were went out for dinner and were using the the trolley we ran into pirate night on the trolley and i just want to let people know that this saturday night is Pirate Night on the trolley, and I know it, and I will be there. So, arg matey. Then, and this is one of those that this coming Sunday, the 28th, and certain things are little noted and others are long remembered, but this Sunday will be Council Member Mazzotti's birthday. And I think if you'll, and I remember when she wore that dress during the first inauguration, But anyway, happy birthday to you, ma'am, from all of us. A pleasure to serve with you, and happy birthday. You haven't changed. Thank you, sir. Councilman Myers. Thank you, Mr. Chair. Tuesday we had our kickoff for the small area plan for the 8th District, and we had a great turnout. It had probably 150 to 200 people there, And I just wanted to thank LFUCG employees from Division of Planning and also from Parks and Rec. And also our host was LFUCG EIH Consultants and the University of Kentucky, Commerce Lexington, and the College for Technical Education. They all support us in terms of the food and those kinds of things. Had a great turnout, a lot of good input, and we're looking forward to continuing the process. Thank you. Thank you. Council Member Henson. Thank you, Chair. I wanted to mention, I saw this on our docket, which is number 30, resolutions first reading, and it's donating Panzer, who is retiring and is a police horse. So I just wanted to wish her luck, or him, and not really to make light of it. But I was thinking when officers retire, they normally have a retirement celebration. And the horses and the dogs very rarely are mentioned. And being an animal lover, I just had to mention that. So thank you. Thank you. Council Member Scutchfield. Thank you. I'm having problems touching that. That will be hard to follow. I know. Yeah. I know. And the horse. Council Member Sennett and I attended today the grand opening of the Home Builders Association. What was it called? Building Institute. Building Institute, which is a phenomenal asset for this community. It is going to train, have classes to train persons for skilled professions, carpentry, HVAC. And that's it right now. But I think it's a great service to our community, and I was proud to be a part of it. Thank you. Thank you. Birthday girl, Masati. Oh, gosh. Hard to follow, of course. But anyways, I know we're all having some fun up here. But on a more serious note, Commissioner Mason, I have a question to ask you, please. Welcome, Commissioner. Thank you. Yes, ma'am. I know that we're all concerned about what happened with the incident with the ex-firefighter that was employed by us. And I guess the thing I'm wondering the most is could we not have used the police system, the criminal check system that the police do for a background check? No. That's a good question that has come up. The regulations for NCIC are for background investigations only for law enforcement applicants. and firefighters are not sworn law enforcement. They're sworn public safety, but they're not law enforcement. So it can't be used for that. So in lieu of what happened, we can't make any kind of an adjustment there, or is that just a law? Is it a law? Is it a rule? It's a federal regulation on how the NCIC system is used. Okay. That's what I need to know. Thank you. Thank you. Any other council members? Council Member Akers. Thank you, Chair Clay. Sorry. So to follow up on Councilmember Satie's question, is there any other database we could use or any other background check that we could use to try to prevent this, I guess, in the future? FBI or I don't know. other, I don't know. The FBI and NCIC are linked. So it's kind of one and the same. The difficulty is more in other states participating and loading data into some of these privately available databases. And that's the issue we ran into. Georgia is one of several states that does not load that type of data. It was categorized as a misdemeanor in Georgia, a non-extraditable misdemeanor. They wouldn't pay for a person charged with that if they were caught next door in Alabama to be transferred across state lines into Georgia. So it was an old offense, and from 1999, the bench warrant wasn't even placed until 2002. Right. Yes. I just wanted to follow up. We can look at some alternatives to see if there are better contractors out there and better resources, But, you know, at this stage, we're satisfied with what this one glitch is a real exception. Okay. Thank you. Before you go, we have another council member. Stenet. Commissioner, when the fire fire is hired here in the city, who makes the final determination to recommend that hiring to appear on our docket? Is it a panel or is it one individual? It is the chief is the final voice that says yes on this one, yes on this one, no on this one. They have a panel discussion. They rank the candidates as they go through in a very detailed background process. And they sit in a room for hours and talk about these candidates. and talk about things in their background, and then the final call is with the chief. Of course, that appears on our docket, and we vote yay or yes. That's correct. Very good. Thank you. Thank you. One more. Councilman Rakers, I think he has a follow-up. No, not for you. Just an announcement. Oh, sorry. Sorry. I kind of forgot in the moment there. So I just wanted to share that next Thursday, October 2nd, from 6 to 8 p.m., I will be hosting an organizational meeting to start the Metathorpe Business Association. This is similar to the Distillery District Business Association that I helped get started and similar to the existing Southland Drive Business Owners Association. So anyone that owns a business or property in the Metathorpe Shopping Center is invited. Again, that's next Thursday from 6 to 8 p.m., and it will be at the Townley Center Clubhouse. Thank you. Thank you. Any other announcements for council members? Seeing none, we will move on to public comment. I have three people, John Hoagland, Williamsburg. If you would come to the microphone, please. You have three minutes. Give your name and your address, please. John Hoagland, Williamsburg. Thank you, Mr. Ellinger. My name is John Hoagland, and I live at 1729 Williamsburg Road, Council District 11. My comment this evening is basically something that we've already talked about up here. It's the accident the other night on Yuclid Avenue. The seating that we have at some of these bars and restaurants here in the downtown area, it seems as if we have a bar and a restaurant and we've got a sidewalk, we can have a sidewalk cafe. Well, there's been little regard to the safety of that seating and how it's laid out. There's traffic running down Short Street, even as we speak. But the problem is there's sometimes even no room for people to walk on sidewalks. Someone in a wheelchair has no access. I mean, you can go down right now and look at it. It's terrible. I mean, I don't mind the sidewalk cafes, but we have no regulations really to protect those things, and there are some of them that are so close to the sidewalk, high in line. There are so many things that a car can be projected after impact into these areas, and there's no ballers, nothing to protect people sitting on the sidewalk. and I think that we maybe should look into this a little bit more and see how this cafe issue is I think that we need to do a little bit better protecting of the people sitting on sidewalks thank you we do have regulations that do take that into consideration Commissioner Mason who spoke earlier to speak with him and also with planning to Commissioner Paulson if you would raise your hand you could talk to the gentleman afterwards too and he can thank Thank you very much. Thank you. The next person is Bernard McCarthy. Bernard? For the record, my name is Bernard McCarthy. My address is 515 Harry Street, although I'm sure all of you know that as many years as I've nagged you over traffic. And it does seem like the last week or so in some parts of the city, traffic has been worse than ever. I am a little curious under item number 47. How much improvement do you hope to get at the 7th Winchester and Liberty intersection for only $224,000? I'm curious what you intend to do there. I suspect that actually doing enough to make that intersection work properly would cost a lot more. I say that based on my 35 and a half years of experience in one of the state's in-house design squads in District 7. I'm also curious as to what you intend to do to which intersections on Chinoe. Again, I think it's probably a drop in the bucket compared to what we need, but I'm curious as to what is being done. Mr. Farmer, I think I want to comment on the Chinoe. I can on both. I know from just from the this is a list to ask the MPO for potential funding from the state. The ones on Shinaway are to replace the older traffic signals with the new armed traffic signals. So I know it's to upgrade the traffic signals and probably do the handicap accessible ramps. The one on Liberty Road is one that I understand you could spend more money there, but there's a lack of definition where the sidewalk ends, where the curb is, and where that storm drain is right in the very corner of where the seafood place is. So it's an attempt to make the pedestrian safer there and to give a little bit better definition to all of the lanes where Liberty meets Winchester Road, something we've needed for a long time because it's been in sad shape. More could be done, but let's try to get this one. Thank you. Mr. Jones on Bishop Drive Is Mr. Jones here? He is left. Okay Seeing no other individuals Do I have a motion to adjourn? We have a motion by Council Member Stenna Second by Council Member Myers All those in favor say aye All those opposed. We stand adjourned. Thank you I'm going to let you loose And I know the night is fading And I know the time's gonna fly And I'm never gonna tell you everything I gotta tell you But I know I gotta give it a try And I know the road's to riches And I know the ways to pay I know all the rules and then I know how to break them And I always know that maybe the game But I don't know how to leave you And I'll never let you fall And I don't know how you do it Make it love Out of nothing at all Out of nothing at all Out of nothing at all Out of nothing at all Out of nothing at all Out of nothing at all Out of nothing at all Every time I see you Are the rays of the sun Streaming through the winds in your head And every star in the sky is taking amateur eyes like a spotlight. The beating of my heart is a drum and it's lost and it's looking for a river like you. You can take the darkness from the middle of night and turn it to a beacon moon and the sky rise. I gotta follow it cause everything alone is nothing till I give it to you. We'll be right back.