2014 Council meeting and we will go ahead and start our meeting we have a full house tonight. I'll ask the clerk to call the roll please. Mr. Ellinger, Mr. Farmer, Mr. Ford, here. Ms. Gordon, here. Ms. Henson, here. Mr. Kay, here. Mr. Lane, here. Ms. Lawless, Ms. Masati, here. Mr. Myers, yes ma'am. Ms. Gutchfield, here. Mr. Stinnett, yes ma'am. Ms. Akers? Yes. Mr. Beard? Present. And Mr. Clark? I'm here. Thank you. All right. Thank you very much. Let's all rise. We do not have an invocation tonight, but we're going to have a moment of silence. Thank you. Now, at this time, I would like to... We have a presentation about the Recycle Bowl, and I would like to introduce Tracy Thurman, who will say a few words, and then I think you have someone to introduce, and then we have some awards to give. Yes, ma'am. Welcome. Thank you all. Lexington's Divisions of Waste Management and Environmental Services, along with partners Bluegrass, GreenSource, Central Kentucky Fiber, Keep Lexington Beautiful, and Fayette County Public Schools recently held a Recycle Bowl competition to challenge schools, both public and private, to collect and recycle aluminum cans. The competition was held between October the 20th and November the 15th. So students from 18 schools across Fayette County took the challenge and collected more than 131,000 aluminum cans. That's 3,763 pounds of aluminum. So, Wise Recycling, Central Kentucky Fiber, Keep Lexington Beautiful, and Lexington's Division of Waste Management contributed monetary prizes to reward the schools that collected and recycled the most cans. And we appreciate this generous support. The schools that collected and recycled the highest number of cans per student in their respective size category each received $550. Six schools that collected the most cans, regardless of their size, each received $300. Schools were only eligible for one prize. Participating schools were also paid by the buyback program centers for each pound of cans recycled. We applaud these schools, students, volunteers, and employees for their hard work in making this contest a success. Now it is our pleasure to present certificates to all the participating schools to show our appreciation and support for their most recycled cans. Patty Stivender with Bluegrass Green Source will now read the names of the participating winners. Schools earning certificates for participation are Carter G. Woodson Academy Thank you. All right, everybody smile. One more. Lee's Town Middle. Mary Todd Elementary. Lee's out of here. Just in the nick of time. I had a record. I don't know. Thank you. As far as we know, none of these other groups are here, right? You might have to run again. Can you have your buddy smile? Mary Todd Elementary. Meadowthorpe Elementary. Morton Middle. Rosa Parks Elementary. Science, Technology, Engineering, Arts, and Mathematics, STEAM Academy, Southern Middle, and Summit Christian Academy. The three schools receiving certificates and prize money for collecting the most cans per student are, in the category of schools with less than 300 students, Montessori High School. Thank you. Thank you. In the category of schools with 300 to 599 students, Sayre School. Thank you. In the category of schools with 600 or more students, Cardinal Valley Elementary. The six schools that collected the most cans overall, regardless of their size, are Ashland Elementary. Christ the King School. Thank you. Lexington Family Care Center. Providence Montessori Middle. Thank you. Russell Cave Elementary. Thank you. and Wellington Elementary. Thank you. Everybody smile. Thank you. Thank you. you all so much. Now, I'll ask the clerk to go ahead and give second reading to ordinances. Ordinance number one. An ordinance amending section 2465 of the Code of Ordinances related to the Corridor's Commission to amend the voting membership, changing Federated Garden Club to Lexington Council Garden Club, and changing Bluegrass Pride to Bluegrass Greensource, changing the non-voting membership from 8 to 7, changing the representative of the Departments of Public Works and Environmental Quality to the Department of Environmental Quality and Public Works. Number two, an ordinance amending Article 22 of the Zoning Ordinance to establish the Lewig Art Plan Unit Development 2 PUD2 Zone in a new Appendix 22B Urban County Planning Commission. Number three, an ordinance expanding and extending partial urban services district number three for the urban county government for the provision of garbage and refuse collection to include the area defined as certain properties on the following streets. Bob White Trail, Feliciana Lane, Tradition Circle, Beacon Street, Majestic Drive, Monarch Street, Veranda Place, and Wall Street. Number four. An ordinance expanding and extending partial urban services district number seven for the urban county government for the provision of garbage and refuse collection and street cleaning to include the area defined as certain properties on the following street. Summersley Place, Deerhaven Lane, Meeting Street, Russell Cave Road, Newtown Pike, R-Tibs Trail, Stolen Horse Trace, Wentworth Place, Lockmere Loop, Lockmere Court, Old School House Lane, and Lockmere Place. Number five, an ordinance amending the authorized strength by abolishing one classified civil service position of computers analyst grade 520E and creating one classified civil service position of systems analyst grade 520E in the division of computer services appropriating funds pursuant to schedule number 28. And number six, an ordinance amending certain of the budgets of the Lexington Fayette-Urban County government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds, schedule number 29. Do I hear a motion? Motion approved. All right, thank you. Will you call the roll, please? Mr. Ellinger? Yes. Mr. Farmer? Yes on all. Mr. Ford? Yes. Ms. Gordon? Aye. Ms. Henson? Yes. Mr. Kay? Yes. Mr. Lane? Yes. Ms. Mossadi? Yes. Mr. Myers? Yes, ma'am. Ms. Gutchfield? Yes. Mr. Stinnett? Yes, ma'am. Ms. Akers? Yes. Mr. Beard? Aye. And Mr. Clark? Yes. Thank you. Thank you. Those all pass unanimously. Okay, we have first reading of ordinances. Ordinance number seven, an ordinance amending certain of the budgets of the Lexington Fayette-Urbing County Government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds. Schedule number 30. Number eight, an ordinance amending the portion of Section 1 of Ordinance No. 152-2013, described as Section 7, to designate the chairperson of the Council's Budget, Finance, and Economic Development Committee, one additional council member appointed by the mayor, a member of the Lexington Chamber of Commerce or the Lexington Industrial Foundation, and two members from the financial investment or banking industry as members of the Economic Development Investment Board. Number nine, an ordinance amending the authorized rank by abolishing one unclassified civil service position of public service worker grade 507N and one classified civil service position of operations manager grade 520E and creating one classified civil service position of plant manager grade 524E in the Division of Waste Management, appropriating funds pursuant to schedule number 31. Number 10. Government as the agency responsible for oversight, administration, and implementation of the development area, approving a master development agreement between the Lexington Fayette Urban County Government, the Urban County Government's Department of Finance and Administration, and Urban Redevelopment, LLC, and authorizing the mayor and other officials to take such other appropriate actions as are necessary or required in connection with the establishment of the development area. Number 11, an ordinance mending the authorized strength by abolishing one classified civil service position of administrative specialist principle, grade 518E, and creating one classified civil service position of human resources analyst grade 520e in the division of human resources appropriating funds pursuant to schedule number 32 number 12 and ordinance amending the authorized strength by abolishing one unclassified civil service position of program specialist grade 513e and creating one unclassified civil service position of communications director grade 527e in the office of the mayor number 13 and ordinance amending the authorized strength by abolishing one classified civil service position of software developer grade 520e in the division of computer Services and creating one classified civil service position of administrative officer senior grade 526E in the office of the chief information officer CIO appropriating funds pursuant to schedule number 33. Number 14. An ordinance amending section one of ordinance number 137, 2014, which established the schedule of meetings of the Lexington Fayette-Urbing County Council for the calendar year 2015 to make the budget finance and economic development committee a standing committee rather than a committee of the whole and to add a planning and public safety committee meeting on December 8th, 2015. Number 15, an ordinance amending certain of the budgets of the Lexington-Fayette-Urbing County Government for Committee of the Whole Appropriations as Approved at Work Session December 2, 2014, and Appropriating and Reappropriating Funds, Schedule Number 24. Number 16, an ordinance amending certain of the budgets of the Lexington-Fayette-Urbing County Government to reflect current requirements for funds in the amount of $3,500 for Berry Hill Skate Park and to budget a $17,530 donation from Friends of Four Skate Parks, Lexington KY Incorporated, and Appropriating and Reappropriating Funds, Schedule Number 36. And Ordinance No. 17, an ordinance amending certain of the budgets of the Lexington-Fayette-Derman County Government to reflect current requirements for funds in the amount of $126.65 for the Division of Police from Neighborhood Development Funds for the purchase of eight neighborhood watch signs for the River Park Neighborhood Association and appropriating and reappropriating funds, Schedule No. 35. Thank you. Are there any walk-ons for first reading of ordinances? I don't see any. Are there, is yours an ordinance? I believe we have several resolutions, but okay. Are there any motions to suspend the rules and give second reading? Yes, so you have a schedule. Okay. I see none, so will you go ahead then and do second reading of resolutions? Thank you. Number four, a resolution accepting the bid of S&S Firestone Incorporated doing business as S&S Truck Tire Center in the amount of $24,948 for wheel loader tires for the Division of Facilities and Fleet Management. Number five, a resolution accepting the bid of Windstream Kentucky East LLC in accordance with the provisions of Ordinance 126-2014, creating and offering for sale a short-term franchise for the operation of a non-exclusive telecommunication system in Fayette County and authorizing the mayor on behalf of the urban county government to execute a franchise agreement with Windstream Kentucky East LLC, incorporating the terms and conditions of Ordinance 126-2014. Number six, a resolution authorizing and directing the mayor on behalf of the urban county government to execute and submit a Brownfield cleanup grant application to the Environmental Protection Agency 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 $200,000 federal funds and are for remediation of environmental concerns identified at the old county courthouse, the acceptance of which obligates the urban county government for the expenditure of $40,000. as a local match and authorizing the mayor to transfer unencumbered funds within the grant budget. Number seven, a resolution authorizing the mayor on behalf of the urban county government to execute a letter agreement with American Municipal Tax-Exempt Compliance Corporation, Amtech, for professional services related to the arbitrage calculations for certain previous sewer bond issuances at a cost not to exceed $6,000. Number eight, a resolution authorizing the mayor on behalf of the urban county government to execute an amended purchase of service agreement with Prevent Child abuse Kentucky replacing the original purchase of service agreement addendum with the November 2014 revised addendum for the provision of child sexual abuse prevention training at no cost to the urban county government. Number nine, a resolution authorizing the mayor on behalf of the urban county government to execute a professional services agreement with the law firm of Miller Wells PLLC acting by and through Mason L. Miller for assistance in negotiating and developing a new long-term water utility franchise at a cost not to exceed $45,000. Number 10, a resolution authorizing the mayor on behalf of the Irving County Government to execute contract modification number two to the Engineering Services Agreement with GRW Engineers Incorporated for design of the Liberty Road-Todds Road Section Phase 2 improvement project, increasing the contract price by the sum of $437,946 from $671,045 to $1,108,991. Number 11, a resolution authorizing the mayor on behalf of the Irving County government to execute an internal revenue service sponsor agreement and civil rights assurance for volunteer income tax assistance programs at the Gainesway Community Center and the Central Kentucky Job Center at no cost to the Irving County government. Number 12, a resolution amending Resolution 507-2014 with the Tates Creek High School PTSA Incorporated amending the agreement to change the use of the funds from the Tates Creek Campus Celebration to the purchase of five football helmets with a five-star rating per the Virginia Tech Star Rating System, adding a condition that the Tates Creek High School football team shall discontinue the use and replace at least five helmets that are rated as having two stars or less per the same system, and adding a condition that if the helmets are not discontinued or replaced, then the funds shall be returned to the urban county government. Number 13, a resolution authorizing and directing the Division of Traffic Engineering pursuant to Code of Ordinances Section 1846 to designate Snaffle Road between Fort Harrods Drive and Beaumont Center Circle as being prohibited to through trucks and authorizing and directing the Division of Traffic Engineering to install proper and appropriate signs in accordance with this designation. And number 14, a resolution accepting the collective bargaining agreement by and between the Lexington Fayette Urban County Government and Lexington Professional Firefighters, IAFF Local 526, on behalf of firefighters, lieutenants, and captains in the Division of Fire and Emergency Services. Do I hear a motion? Katie. Second. All right, will you call the roll, please? Do we have a walk-on? No, I'm so sorry, Vice Mayor, I didn't hear who made the motion. Oh, I apologize. Council Member Myers. And then second was Council Member Ellinger. Mr. Ellinger? Yes. Mr. Farmer? Yes, ma'am. Mr. Ford? Yes. Ms. Gordon? Aye. Ms. Henson? Yes. Mr. Kay? Yes. Mr. Lane? Yes. Ms. Mossadi? Yes. Mr. Myers? Yes, ma'am. Ms. Gutchfield? Yes. Mr. Snit? Yes, ma'am. Ms. Akers? Yes. Mr. Beard? Aye. And Mr. Clark? Yes. Thank you. Thank you. Those all pass unanimously. All right. If you'll go ahead then and give us the first reading of resolutions. Resolution number 15. A resolution accepting the bids of Pathmaster Incorporated, Traffic Controls Products Incorporated, Traffic Parts Incorporated, Baldwin & Sowers Incorporated, and Iron Armor LLC establishing price contracts for traffic signal and control equipment for the Division of Traffic Engineering. Number 16, a resolution accepting the bids of Powertrain of Kentucky, Superior Hose and Fittings Incorporated, IB Moore Company, LLC, JGB Enterprises Incorporated, and B.W. Rogers, a division of Cayman Company, establishing price contracts for hydraulic hose fittings for the Division of Facilities and Fleet Management. Number 17, a resolution accepting the bid of ProTech Security Sales, establishing a price contract for respiratory protection systems for the Division of Police. Number 18, a resolution accepting the bid of ProTech Security Sales, establishing a price contract for tactical body armor for the Division of Police. Number 19, a resolution accepting the bid of LM Asphalt Partners doing business as ATS Construction in the amount of $438,680.25 for the Kool-Aven Rail Trail Project. Excuse me. I'm so sorry. If we can just tone everything down so we can hear the clerk. Thank you. For the Kool-Aven Rail Trail Project for the Division of Engineering and authorizing the mayor on behalf of the urban county government to execute an agreement with LM Asphalt Partners doing business as ATS Construction related to the bid. Number 20, a resolution accepting the bid of RRC Company LLC in the amount of $59,034 for Old Fayette County Courthouse structural shoring for the Department of General Services. Number 21, a resolution authorizing the Division of Human Resources to make a conditional offer to the following probationary civil service appointments. Brian Markham, Buyer Sr., Grade 519E, 2153.04 biweekly in the Division of Purchasing, effective January 5, 2015. Aaron Dixon, stores clerk, grade 508N, 12.725 hourly in the Division of Streets and Roads, effective upon passage of counsel. Slade Halvacs, property and evidence technician, grade 513N, 16.602 hourly in the Division of Police. Mary Kramer, staff assistant senior, grade 510N, 15.948 hourly in the Division of Building Inspection. And Tracy McKinney, eligibility counselor, grade 513E, 1328.15 biweekly in the Division of Adult Services, all effective December 15, 2014. and authorizing the Division of Human Resources to make a conditional offer to the following unclassified civil service appointments. Melissa McCart Smith, Administrative Specialist Senior, Grade 516N, 23.076 hourly in the Office of the Mayor. And Angelica Maldonado, Social Services Coordinator, Grade 520E, 1,808.55 biweekly in the Office of Circuit Judges, both effective December 15, 2014. Number 22. A resolution ratifying the probationary civil service appointments of Jimmy Ross, Public Service Supervisor Senior, Grade 517E, 1,562.29 biweekly, and Aaron Johnson, Public Service Supervisor, Grade 514N, 18.638 hourly, both in the Division of Water Quality. George Cummins, Public Service Supervisor Senior, Grade 517E, 1,580.52 biweekly, in the Division of Waste Management. Kara Gentry, Administrative Specialist Senior, Grade 516N, 18.599 hourly, in the Division of Building Inspection, and Penny Ebel, Deputy Director, Grade 528E, 200983.79 biweekly, in the Division of Parks and Recreation. All effective December 1st, 2014. Ratifying the permanent civil service appointments of Bruce Lee, resource recovery operator, grade 513N, 16.066 hourly, effective September 3rd, 2014. Joseph Higgins and Arcana Jones, both resource recovery operator, grade 513N, 16.066 hourly, effective October 7th, 2014. Stephon Brown and William Jones, both public service supervisor senior, grade 517E, 1,824.72 biweekly, both effective October 21st, 2014. and Aisha Johnson, Resource Recovery Operator, grade 513N, 16.066 hourly, effective October 22, 2014, all in the Division of Waste Management. Mario Cheek, Telecommunicator Supervisor, grade 520E, 1,808.55 biweekly in the Division of Emergency Management 911, effective November 18, 2014, and Brenda McFadden, Staff Assistant Senior, grade 510N, 17.573 hourly in the Division of Code Enforcement, effective November 19, 2014, ratifying the permanent sworn appointments of Mark Ada, Benjamin Baker, Brent Bereznack, Caleb Brill, Samuel Clemens, Ross Collins, Stephen Debkowski, Adam Finch, Chaz Greider, Thompson Hagan, Benjamin Harris, Brandon Harris, Robert Lang, James McCullough, Matthew Merker, Raymond Miller, Ryan Nichols, Joseph Oliver, Juan Ramirez, John Robinson, Ilya Sharapov, Christopher Sizemore, Benjamin Starkey, Michael Tackett, Joseph Templeman, Ryan Wells, Jamie Westerfield, Weston Wilhelm, and Jonathan Wilson. All Police Officer, Grade 311N, 18.750 hourly, in the Division of Police, effective February 2, 2014. And ratifying the council leave of Keith Harris, Mailroom Clerk, Grade 508N, in the Department of General Services, beginning December 9, 2014 through March 13, 2015. And Howard Ferguson, Heavy Equipment Technician, Grade 516N, in the Division of Facilities and Fleet Management, beginning November 21, 2014 through February 18, 2015. Number 23, a resolution authorizing the mayor on behalf of the Irving County government to execute a second amendment to the purchase agreement with Airbus DS Communications, formerly known as Kasidian Communications Incorporated, to purchase four additional dispatch consoles for the new 800 megahertz radio system implementation at a cost not to exceed $276,401. Number 24, a resolution authorizing the mayor on behalf of the urban county government to execute an additional three-year agreement with QXNet Company to increase the data speed at the Carver Center and Castlewood Park locations for the Division of Computer Services at a cost not to exceed $718.40 for fiscal year 2015. Number 25. A resolution authorizing and directing the mayor on behalf of the Irving County Government to execute an amended multi-year service agreement with Time Warner Cable Enterprises, LLC, for the continuation of existing services for the Division of Computer Services at no additional cost to the Irving County Government. Number 26. A resolution authorizing the mayor on behalf of the Irving County Government to execute a four-year lease agreement with Dell Financial Services, LLC, for new and upgraded desktop computer equipment across the Lexington-Fayette, Irving County Government for the Division of Computer Services at a cost not to exceed $99,962.21 for fiscal year 2015. Number 27, a resolution accepting the response of GRW Engineers, Incorporated to RFP No. 56, 2014, Investigation Design Services for the West Hickman Wastewater Treatment Plan Administration of Building Expansion Improvements and authorizing the mayor on behalf of the Irving County Government to execute an engineering services agreement with GRW Engineers, Incorporated to provide services related to the RFP at a cost estimated not to exceed $95,870. Number 28, a resolution authorizing and directing the mayor on behalf of the urban county government to execute an amendment to agreement with Securus Technologies Incorporated for inmate telephone services for the Division of Community Corrections to add automated information systems at no additional cost to the urban county government. Number 29, a resolution authorizing the mayor on behalf of the urban county government to execute an amendment to the consultant services agreement with Brancid or Carroll Incorporated for design services for the replacement fire station number two at an additional cost and not to exceed $300,624. Number 30, a resolution authorizing the mayor on behalf of the Irving County Government to execute change order number two to the contract with EOP Architects PSC for the old courthouse structural study, increasing the contract price by the sum of $50,000 from $119,573.75 to $169,573.75. Number 31, a resolution authorizing and directing the mayor on behalf of the Irving County Government to execute a membership agreement with the Kentucky Conference of Community and Justice Doing Business as the Plantry for membership services on behalf of the Department of Social Services at a cost not to exceed $1,400. Number 32, a resolution authorizing the mayor on behalf of the Irving County government to execute the 2015 general term orders for the Fayette County Clerk and Fayette County Sheriff, establishing the number of deputies and assistants allowed to each and the compensation allowed to each deputy and assistant, subject to the limits for each category as specified in the general term orders and subject to the fees collected by the officers, respectively, and their 75% accounts pursuant to KRS 64.351. Number 33, a resolution authorizing the mayor on behalf of the Irving County Government to execute Supplemental Agreement No. 6 to the Kentucky Transportation Cabinet for the acceptance of additional federal funds for the Clay's Mill Road Improvements Project in the amount of $5,680,000, the acceptance of which does not obligate the Irving County Government for the expenditure of funds. Number 34, a resolution authorizing the mayor on behalf of the Irving County Government to execute a memorandum of agreement with the University of Kentucky to provide $50,000 to the Capital Campaign Fund for the addition of a new education wing at the University of Kentucky, Lexington Fayette, Irving County, Arboretum Park. Number 35, a resolution authorizing the mayor on behalf of the Irving County government to execute continuance of two mutual aid contracts with American Medical Response and Jessamine County Emergency Medical Services for continuance of current mutual aid. Number 36, a resolution authorizing the mayor on behalf of the Irving County Number 37. A resolution authorizing and directing the mayor on behalf of the Irving County Government to execute an agreement with Volunteers of America of Kentucky, Inc. for emergency housing services for homeless families at a cost not to exceed $8,000. Number 39. A resolution authorizing the mayor on behalf of the Irving County Government to execute any necessary documents and to accept deeds of easement from Heartland Homeowners Association for the property located at 3628 Timberwood Lane for the Heartland Pump Station No. 1 Improvements Project at no cost to the Irving County Government. Number 40, a resolution authorizing the mayor on behalf of the Irving County Government to execute change order number one to the contract with Total Business Management Incorporated doing business as Greenbox Heating and Air for the police evidence storage drug room HVAC improvements, increasing the contract price by the sum of $2,835 from $19,100 to $21,935. Number 41, a resolution authorizing and directing the mayor on behalf of the urban county government to execute supplemental agreement number one to the Kentucky Transportation, excuse me, with the Kentucky Transportation Cabinet for the acceptance of additional federal funds in the amount of $750,000 for the Clay's Mill Road Improvements Project, the acceptance of which does not obligate the urban county government for the expenditure of funds. Number 42, a resolution authorizing the mayor on behalf of the Irving County Government to execute change order number three final to the contract with Bluegrass Contracting Corporation for Clay's Mill Road Improvements Project, Section 2B, increasing the contract price by the sum of $115,327.06 from $3,408,498.85 to $3,523,825.91. Number 43, a resolution authorizing the mayor on behalf of the urban county government to execute a rental agreement with Lexington Center Corporation for the 2015 Martin Luther King Day celebration at a cost not to exceed $8,400. Okay, Councilmember Ford. Thank you, Vice Mayor. Councilmembers, I move to amend resolution number 44 under first reading of resolutions to remove the execution of an agreement and allocation of funds to women in worship Lexington. So move. We have a motion by Councilmember Ford and a second by Councilmember Henson to amend number 44. Is there any discussion? All right. All those in favor say aye. Aye. Anyone opposed? All right. Number 44. A resolution authorizing the mayor on behalf of the Irving County government to execute agreements with One World Films Incorporated, $850. The County Sheriff's Office, $750. Seedley, $575. Chrysalis House Incorporated, $1,025. Foster Care Council of Lex KY Incorporated, $250. Hope Center Incorporated, $500. Bluegrass Rape Crisis Center, $850. And Art in Motion Incorporated, $700. For the Office of the Irving County Council at a cost not to exceed the sum stated. And that was given first reading as amended. Number 45. A resolution authorizing the mayor on behalf of the urban county government to execute an agreement with Public Safety Solutions Incorporated for the fire station and capital investment study at a cost not to exceed $69,850. Number 46. A resolution authorizing and directing the mayor on behalf of the urban county government to execute a three-year agreement with Hope Center Incorporated for the housing of first pilot program, excuse me, project at a cost not to exceed $750,000. Number 47, a resolution authorizing the mayor on behalf of the urban county government to execute a memorandum of agreement with the Bluegrass Community Foundation to provide funding for improvements to the Kentucky Theater concession area at a cost not to exceed $195,390. Number 48, a resolution authorizing the mayor on behalf of the urban county government to execute an agreement with Maine and Vine Partners, LLC, and Lexington Parking Authority to transfer parcels of land between entities. Number 49, a resolution accepting the response of Siemens Industry Incorporated to RFP No. 1-2014 Detention Center Energy Performance Contracting Services and authorizing the mayor on behalf of the urban county government to execute an energy savings performance contract and other necessary documents with Siemens Industry Incorporated to provide services related to the RFP at a cost estimated not to exceed $3,037,832 subject to the availability of qualified energy conservation bond funds. Number 50, a resolution authorizing and directing the mayor on behalf of the Irving County government to execute a purchase agreement with Happy Software Incorporated for Rehab ProDirect computer software for HUD-funded housing rehabilitation programs at a cost not to exceed $12,150. Number 51, a resolution authorizing and directing the mayor on behalf of the Irving County government to execute an agreement with Colossus Incorporated doing business as Interact Public Safety Systems for a new jail information management system for the Division of Community Corrections at a cost not to exceed $2,520,250. Number 52, a resolution awarding a non-exclusive franchise to Insight Kentucky Partners 2 LLP for a term of 10 years for cable television system within the confines of the Lexington Fayette Irving County government. Number 53, a resolution authorizing the mayor to sign a settlement agreement with Insight Kentucky Partners 2 LLP, an assumption agreement with Comcast Corporation, and an assumption agreement with Charter Communications Incorporated. Number 54, a resolution consenting to a cable franchise transfer of control to Comcast Corporation and consenting to a cable franchise transfer of control to Charter Communications Incorporated. Number 55, a resolution authorizing and directing the Division of Traffic Engineering pursuant to Code of Ordinances Section 1886 to install multi-way stop controls at the intersection of Albany Road and Heather Way. Number 56, a resolution pursuant to Section 1.102 of the Council Rules reappointing the following core staff members. Stacey Maynard, Council Administrator, Grade 524E, Paul Schoeninger, Research Analyst, Grade 523E, Craig Benz, Research Analyst, Grade 523E, Deborah Sloan, Council Staff Specialist, Grade 510N, and Teresa Greider, Budget Analyst Senior, Grade 521E, said term of reappointment for each core staff member shall end on December 31, 2018, unless it is extended by majority vote of the Urban County Council, providing that all core staff shall continue to accrue benefits as if there was no break in service. Number 57. A resolution authorizing and directing the mayor on behalf of the Urban County Government to accept a donation from Friends for Skate Parks, Lexington KY Incorporated, in the amount of $17,530 for the construction and improvement of Berry Hill Skate Park, the acceptance of which obligates Urban County Government to incorporate into the construction of the skate park bricks sold by the donor. Number 58, a resolution authorizing the mayor on behalf of the Urban County Government to execute change order number two to the contract with Dreamland Skate Parks LLC for Berry Hill Park, increasing the contract price by the sum of $21,030 from $575,000 to $596,030. Number 59, a resolution approving the Department of Social Services' extended social resource ESR program, formerly known as Partner Agency Program, requirements, application, scoring rubric, and schedule for the fiscal year 2016 and fiscal year 2017 application process, and directing the Department of Social Services to dedicate 25% of the ESR program annual funding to the Office of Homelessness, Intervention, and Prevention Emergency Shelter Programs. Number 60, a resolution amending Resolution No. 343-2012 to also include as a valid and authorized expenditure of funds any zoning enforcement abatement-related activities of the Division of Planning. Number 61, a resolution initiating a zoning ordinance text amendment to allow greater flexibility to the use of mobile food unit vendors as accessory uses in the professional office P1 zone. And number 62, a resolution amending Resolution No. 641-2014 related to price contracts for snow removal to remove ZKB Services, LLC, as an accepted provider of services and to cancel any related price contract. Thank you very much. Councilmembers, I believe there are some walk-ons. Councilmember Beard. Thank you, Vice Mayor. I moved to place on the docket for tonight's meeting a resolution authorizing the mayor on behalf of the urban county government and pursuant to the jobs fund program to negotiate and execute a loan agreement for up to 10 years with MedSignals slash VitalSignals LLC in the amount not to exceed $250,000 for the creation and retention of 11 new jobs with an average hourly wage of at least $25. and 52 cents exclusive of benefits so move councilmember beard moved and councilmember farmers seconded is there any discussion of the motion all those in favor say aye anyone opposed that motion passes and councilmember Henson thank you vice mayor I moved to place on the docket for tonight's meeting a resolution accepting the bid of Churchill-McGee LLC in the amount of $6,109,000 for the Public Safety Operations Center renovation and authorizing the mayor to execute an agreement with Churchill-McGee related to the bid. It's all moved. Motion by Council Member Henson, second by Council Member Acres. Is there any discussion of the motion? All those in favor, please say aye. Anyone opposed? That motion passes. Are there any other walk-ons? I see none, so we'll ask the clerk to go ahead and give those first reading. Resolution number 63, a resolution authorizing the mayor on behalf of the Irving County government and pursuant to the jobs fund program to negotiate and execute a loan agreement for up to 10 years with med signal vital signals llc in an amount not to exceed 250 000 for the creation and retention of 11 new jobs with an average hourly wage of at least 25.52 exclusive of benefits and number 64 a resolution accepting the bid of churchill mcgee llc in the amount of 6 million 109 000 for the public safety operations center renovation for the department of public safety and authorizing the mayor on behalf of the urban county government to execute an agreement with Churchill McGee LLC related to the bid. Thank you very much. Are there any motions to suspend the rules and give second reading? Council Member Ellinger. Thank you, Vice Mayor. Since this will be our last Thursday night meeting before we go on break, I would like to go ahead and suspend the rules and give second reading to numbers 15 through 64, excluding numbers 25, 52, 53, and 54. Those are the insight and franchise agreements, and I think we should give those extra time. But outside of that, because we'll have an abbreviated meeting on Tuesday, and it'll be a later meeting, I would say we go ahead and suspend the rules and give, like I said, 15 through 64, except 25, 52, 53, and 54. So moved. Second. We have a motion to give second reading to items 15. through 64, excluding 25, 52, 53, and 54. Correct. And so did you have a motion? Councilmember Ellinger, thank you, Vice Mayor Gordon. I have a motion to amend. Since we had two walk-ons, I'd appreciate if we did not give second readings to the walk-ons. That's fine, sure. Thanks. So it would be 15 through 62. Okay. Did we have a second to the amendment? Council Member Farmer seconded the amendment. All those in favor of the amendment? Aye. Anyone opposed? All right. The main motion is to give second reading to 15 through 62, excluding 25, 52, 53, and 54. Is there any discussion? All right, all those in favor, please say. Well, we need a roll call vote, don't we? She needs to get second reading. Oh, you need to give, that's right. This is to suspend the rules finally. Finally and forever on our last Thursday night. All those in favor, say aye. Anyone opposed? All right, that passes. Now, can you give second reading? Do I hear a motion? No, we don't need one yet. Another motion? Isn't that good? Number 15, a resolution accepting the bids of Pathmaster Incorporated, Traffic Control Products Incorporated, Traffic Parts Incorporated, Baldwin & Sowers Incorporated, and Iron Armor LLC establishing price contracts for traffic signal and control equipment for the Division of Traffic Engineering. Number 16, a resolution accepting the bids of Powertrain of Kentucky, Superior Hose and Fittings Incorporated, I.B. Moore Company, LLC, JGB Enterprises Incorporated, and B.W. Rogers, a division of Cayman Company, establishing price contracts for hydraulic hose fittings for the Division of Facilities and Fleet Management. Number 17, a resolution accepting the bid of ProTech Security Sales, establishing a price contract for respiratory protection systems for the Division of Police. Number 18, a resolution accepting the bid of ProTech Security Sales establishing a price contract for tactical body armor for the Division of Police. Number 19, a resolution accepting the bid of LM Asphalt Partners doing business as ATS Construction in the amount of $438,680.25 for the Cool Even Rail Trail Project for the Division of Engineering and authorizing the mayor on behalf of the Irving County Government to execute an agreement with LM Asphalt Partners doing business as ATS Construction related to the bid. Number 20, a resolution accepting the bid of RRC Company LLC in the amount of $59,034 for the old Fayette County Courthouse structural shoring for the Department of General Services. Number 21, a resolution authorizing the Division of Human Resources to make a conditional offer to the following probationary civil service appointments. Brian Markham, buyer senior, grade 519E, 2153.04 biweekly. In the Division of Purchasing, effective January 5, 2015. Aaron Dixon, stores clerk, grade 508N, 12.725 hourly. In the Division of Streets and Roads, effective upon passage of counsel. Slade Halvax, property and evidence technician, grade 513N, 16.602 hourly. In the Division of Police. Mary Kramer, staff assistant senior, grade 510N, 15.948 hourly. In the Division of Building Inspection. And Tracy McKinney, eligibility counselor, grade 513E, 1328. Number 22. A resolution ratifying the probationary civil service appointments of Jimmy Ross, Public Service Supervisor Senior, Grade 517E, 1,562.29 biweekly, and Aaron Johnson, Public Service Supervisor, Grade 514N, 18.683, 638 hourly, both in the Division of Water Quality, George Cummins, Public Service Supervisor Senior, Grade 517E, 1,580.52 biweekly, in the Division of Waste Management, Tara Gentry, Administrative Specialist Senior, Grade 516N, 18.599 hourly, in the Division of Building Inspection, and Penny Ebel, Deputy Director, Grade 528E, 200983.79 biweekly in the Division of Parks and Recreation, all effective December 1, 2014, ratifying the permanent civil service appointments of Bruce Lee, Resource Recovery Operator, Grade 513N, 16.066 hourly, effective September 3, 2014. Joseph Higgins and Arcannon Jones, both Resource Recovery Operator, Grade 513N, 16.066 hourly, effective October 7, 2014. Stefan Brown and William Jones, both public service supervisor senior, grade 517E, 1,824.72 biweekly, both effective October 21, 2014. And Aisha Johnson, resource recovery operator, grade 513N, 16.066 hourly, effective October 22, 2014, all in the Division of Waste Management. Mario Cheek, telecommunicator supervisor, grade 520E, 1,808.55 biweekly in the Division of Emergency Management 911, effective November 18, 2014. and Brenda McFadden, Staff Assistant Senior, Grade 510N, 17.573 hourly in the Division of Code Enforcement, effective November 19, 2014. Ratifying the permanent sworn appointments of Mark Ada, Benjamin Baker, Brent Bereznack, Caleb Brill, Samuel Clemens, Ross Collins, Stephen Dubkowski, Adam Finch, Chaz Greider, Thompson Hagan, Benjamin Harris, Brandon Harris, Robert Lang, James McCulloch, Matthew Merker, Raymond Miller, Ryan Nichols, Joseph Oliver, Juan Ramirez, John Robinson, Ilya Sharapov, Christopher Sizemore, Benjamin Starkey, Michael Tackett, Joseph Templeman, Ryan Wells, Jamie Westerfield, Weston Wilhelm, and Jonathan Wilson, all police officers, grade 311N, 18.750 hourly in the Division of Police, effective February 3rd, 2014. And ratifying the council leave of Keith Harris, mailroom clerk, grade 508N in the Department of General Services, beginning December 9th, 2014, through March 13th, 2015. and Howard Ferguson, Heavy Equipment Technician, Grade 516N in the Division of Facilities and Fleet Management, beginning November 21, 2014 through February 18, 2015. Number 23, a resolution authorizing the mayor on behalf of the Irving County Government to execute a second amendment to the purchase agreement with Airbus DS Communications, formerly known as Cassidian Communications Incorporated, to purchase four additional dispatch consoles for the new 800 megahertz radio system implementation at a cost not to exceed $276,401. Number 24, a resolution authorizing the mayor on behalf of the urban county government to execute an additional three-year agreement with QX.net Company to increase the data speed at the Carver Center and Castlewood Park locations for the Division of Computer Services at a cost not to exceed $718.40 for fiscal year 2015. Number 26, a resolution authorizing the mayor on behalf of the urban county government to execute a four-year lease agreement with Dell Financial Services, LLC, for new and upgraded desktop computer equipment across the Lexington-Feo at Urban County Government for the Division of Computer Services at a cost not to exceed $99,962.21 for fiscal year 2015. Number 27, a resolution accepting the response of GRW Engineers, Inc. to RFP No. 56-2014, Investigation Design Services for the West Hickman Wastewater Treatment Plant Administration Building Expansion Improvements, and authorizing the mayor on behalf of the Irving County Government to execute an engineering services agreement with GRW Engineers Incorporated to provide services related to the RFP at a cost estimated not to exceed $95,873. Number 28, a resolution authorizing and directing the mayor on behalf of the Irving County Government to execute an amendment to agreement with Securus Technologies Incorporated for inmate telephone services for the Division of Community Corrections to add automated information services at no additional cost to the Irving County Government. Number 29, a resolution authorizing the mayor on behalf of the Urban County Government to execute an amendment to the Consultant Services Agreement with Branstad O'Carroll Incorporated for design services for the replacement fire station number two at an additional cost not to exceed $300,624. Number 30, a resolution authorizing the mayor on behalf of the urban county government to execute change order number two to the contract with EOP Architects PSC for the old courthouse structural study, increasing the contract price by the sum of $50,000 from $119,573.75 to $169,573.75. cents. Number 31, a resolution authorizing and directing the mayor on behalf of the Irving County government to execute a membership agreement with the Kentucky Conference for Community and Justice Doing Business as the Plantry for membership services on behalf of the Department of Social Services at a cost not to exceed $1,400. Number 32, a resolution authorizing the mayor on behalf of the Irving County government to execute the 2015 general term orders for the Fayette County Clerk and the Fayette County Sheriff, establishing the number of deputies and assistants allowed to each and the compensation allowed to each deputy and assistant subject to the limits for each category as specified in the general term orders and subject to the fees collected by the officers, respectively, in their 75% accounts pursuant to KRS 64.351. Number 33, a resolution authorizing the mayor on behalf of the Irving County Government to execute Supplemental Agreement No. 6 with the Kentucky Transportation Cabinet for the acceptance of additional federal funds for the Clay's Mill Road Improvements Project in the amount of $5,680,000, the acceptance of which does not obligate the urban county government for the expenditure of funds. Number 34, a resolution authorizing the mayor on behalf of the urban county government to execute a memorandum of agreement with the University of Kentucky to provide $50,000 to the Capital Campaign Fund for the addition of a new education wing at the University of Kentucky, Lexington Fayette, Urban County, Arboretum Park. Number 35, a resolution authorizing the mayor on behalf of the urban county government to execute continuance of two mutual aid contracts with American Medical Response and Jessamine County Emergency Medical Services for continuance of current mutual aid. Number 36. A resolution authorizing the mayor on behalf of the Irving County government to execute contract modification number four to the contract with CDP Engineers Incorporated for the Clays Mill Road Improvement Project, increasing the contract price by the sum of $42,552 from $1,140,739 to $1,183,291. Number 37, a resolution authorizing the mayor on behalf of the Irving County Government to execute a site lease agreement with Celco Partnership doing business as Verizon Wireless for ground and airspace at Castlewood Park for placement of tenants' communication facilities. Number 38, a resolution authorizing and directing the mayor on behalf of the Irving County Government to execute an agreement with Volunteers of America of Kentucky Incorporated for emergency housing services for homeless families at a cost not to exceed $8,000. Number 39, a resolution authorizing the mayor on behalf of the urban county government to execute any necessary documents and to accept deeds of easement from Heartland Home Owners Association for the property located at 3628 Timberwood Lane for the Heartland Pump Station No. 1 Improvements Project at no cost to the urban county government. Number 40, a resolution authorizing the mayor on behalf of the urban county government to execute change order number one to the contract with Total Business Management Incorporated doing business as Greenbox Heating and Air for the police evidence storage drug room HVAC improvements, increasing the contract price by the sum of $2,835 from $19,100 to $21,935. Number 41. A resolution authorizing and directing the mayor on behalf of the urban county government to execute supplemental agreement number one with the Kentucky Transportation Cabinet for the acceptance of additional federal funds in the amount of $750,000 for the Clay's Mill Road Improvement Project, the acceptance of which does not obligate the urban county government for the expenditure of funds. Number 42, a resolution authorizing the mayor on behalf of the urban county government to execute change order number three final to the contract with Bluegrass Contracting Corporation for Clay's Mill Road Improvement Project, Section 2B, increasing the contract price by the sum of $150,000, excuse me, $327.06 from $3,408,498.85 to $3,523,825.91. Number 43, a resolution authorizing the mayor on behalf of the Irving County Government to execute a rental agreement with Lexington Center Corporation for the 2015 Martin Luther King Day Celebration at a cost not to exceed $8,400. $400. Number 44. A resolution authorizing the mayor on behalf of the Urban County Government to execute agreements with One World Films Incorporated, $850. Fayette County Sheriff's Office, $750. Seed Leaf, $575. Chrysalis House Incorporated, $1,025. Foster Care Council of Lex KY Incorporated, $250. Hope Center Incorporated, $500. Bluegrass Rape Crisis Center, $850. And Art in Motion Incorporated, $700. for the office of the Urban County Council at a cost not to exceed the sum stated. Number 45, a resolution authorizing the mayor on behalf of the Urban County Government to execute an agreement with Public Safety Solutions Incorporated for the Fire Station and Capital Investment Study at a cost not to exceed $69,850. Number 46, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a three-year agreement with Hope Center Incorporated for the Housing First Pilot Project at a cost not to exceed $750,000. Number 47, a resolution authorizing the mayor on behalf of the Irving County Government to execute a memorandum of agreement with the Bluegrass Community Foundation to provide funding for improvements to the Kentucky Theater concession area at a cost not to exceed $195,390. Number 48, a resolution authorizing the mayor on behalf of the Irving County Government to execute an agreement with Maine and Vine Partners, LLC, and Lexington Parking Authority to transfer parcels of land between entities. Number 49, a resolution accepting the response of Siemens Industry Incorporated to RFP No. 1, 2014 Detention Center Energy Performance Contracting Services and authorizing the mayor on behalf of the urban county government to execute an energy savings performance contract and other necessary documents with Siemens Industry Incorporated to provide services related to the RFP at a cost estimated not to exceed $3,037,832 subject to the availability of qualified energy conservation bond funds. Number 50 A resolution authorizing and directing the mayor on behalf of the urban county government to execute a purchase agreement with happy software incorporated for rehab pro direct computer software for HUD funded housing rehabilitation programs at a cost not to exceed $12,150 Number 51. A resolution authorizing and directing the mayor on behalf of the urban county government to execute an agreement with Colossus Incorporated doing business as Interact Public Safety Systems for a new jail information management system for the Division of Community Corrections at a cost not to exceed $2,520,250. $50. Number 55, a resolution authorizing and directing the Division of Traffic Engineering pursuant to Code of Ordinances Section 1886 to install multi-way stop controls at the intersection of Albany Road and Heatherway. Number 56, a resolution pursuant to Section 1.102 of the Council Rules reappointing the following core staff members. Stacey Maynard, Council Administrator, Grade 524E. Paul Schoeniger, Research Analyst, Grade 523E, Craig Benz, Research Analyst, Grade 523E, Deborah Sloan, Council Staff Specialist, Grade 510N, and Teresa Greider, Budget Analyst Senior, Grade 521E. And said term of reappointment for each core staff member shall end on December 31st, 2018, unless it is extended by majority vote of the Urban County Council, providing that all core staff shall continue to accrue benefits as if there was no break in service. Number 57, a resolution authorizing and directing the mayor on behalf of the Urban County Government to accept a donation from Friends for Skate Parks Lexington KY Incorporated in the amount of $17,530 for the construction and improvement of Berry Hill Skate Park, the acceptance of which obligates the Urban County Government to incorporate into the construction of the skate park bricks sold by the donor. Number 58. A resolution authorizing the mayor on behalf of the Urban County Government to execute change order number two to the contract with Dreamland Skate Parks LLC for Berry Hill Park, increasing the contract price by the sum of $21,030 from $575,000 to $596,030. Number 59, a resolution approving the Department of Social Services' Extended Social Resource ESR program, formerly known as Partner Agency Program, requirements application scoring rubric and schedule for the fiscal year 2016 and fiscal year 2017 application process, and directing the Department of Social Services to dedicate 25% of the ESR program annual funding to the Office of Homelessness Intervention and Prevention Emergency Shelter Programs. number 60 a resolution amending resolution number 343 2012 to also include as a valid and authorized expenditure of funds any zoning enforcement abatement related activities of the division of planning number 61 a resolution initiating a zoning ordinance text amendment to allow greater flexibility to the use of mobile food unit vendors as accessory uses in the professional office P1 zone. And number 62, a resolution amending resolution number 641-2014 related to price contracts for snow removal to remove ZKB Services LLC as an accepted provider of services and to cancel any related price contract. Thank you. Do I hear a motion? So moved. All right, we have a motion. Will you go ahead and call the roll, please? Mr. Ellinger? Yes. Mr. Farmer? Yes, on all. Mr. Ford? Yes. Ms. Gordon? Aye. Ms. Henson? Yes. Mr. Kay? Yes. Mr. Lane? Yes. Ms. Massadi? Yes. Mr. Myers? Ms. Gutchfield? Yes. Mr. Stinnett? Yes, ma'am. Ms. Akers? Yes. Mr. Beard? Aye. And Mr. Clark? Yes. Thank you. All right. Those all pass. Now, council members, we are to announcements. Are there any announcements? Council member Ellinger, are you on for an announcement? No, I am. Okay. Council member Scutchfield? Thank you, Vice Mayor. I had the opportunity this morning to congratulate Ashland on being certified as an Energy Star Award winner. Very proud of our partners at Ashland and what they do for our community, involvement in the schools, involvement in other conservation, environmental issues. So I want to just publicly say congratulations to them, and we're glad to have them in the 7th District. Thank you. You're welcome. Council Member Farmer. Thank you, Vice Mayor. I just wanted to alert the public that after working on the pedestrian improvement intersection in Chevy Chase area since later in September, weather permitting, on Monday they will mill the area for repaving, and weather permitting they will pave it and hopefully stripe it and sign it all on Tuesday. And I just want folks to know that this is going to go very smoothly and very quickly, and business will not be interrupted, and Santa will come. Thank you very much. Thank you. Council Member Hanson. Thank you, Vice Mayor. I have a motion. I move to place on the docket for the December 9th council meeting a resolution confirming the appointment of Ronnie Baston as Commissioner of Public Safety. Second. We have a motion by Councilmember Henson and second by Councilmember Beard. Is there any discussion or question? All right. Seeing none, all those in favor say aye. Aye. Anyone opposed? That motion passes. Thank you. Thank you. Councilmember Akers. Yes. You certainly may come back. Does anyone else have any announcements? Okay. Sorry about that. Thank you, Vice Mayor. I have a few announcements coming up in the 2nd District this weekend. First of all, two events on Saturday morning, the first of which is in Masterson Station, will be held at the Clubhouse. They're going to have breakfast with Santa. that is for residents of Masters and Station, Westwood, as well as McConnell's Trace. And so children are invited. It is free. You can have pictures taken with Santa and enjoy breakfast from 9 to 11, again at the Masters and Station Clubhouse. Also Saturday morning, the Meadowthorpe Elementary 5th graders are hosting a pancake breakfast to raise money for their 5th grade trip to D.C. That will be held from 9 to 10.30 at Meadowthorpe Elementary, and it's $5, I believe, for 6th grade and up. and $3 for everyone younger than fifth grade. Also Saturday afternoon, the Distillery District is hosting a holiday open house from 2 to 4 p.m. All the shops in the Distillery District will be open. There will be clothing stores, jewelry stores, art stores. The Distillery will be open, and the new brewery is now open in the Distillery District. So that is from 2 to 4, and the trolley will be available to take riders to and from that event, 2 to 4, Saturday. And then lastly, Saturday night is the Meadowthorpe Holiday Potluck from 6 to 8.30, and that will be at the Community Center on Larch Lane. That's all I have. Thank you. Thank you. Are there any other announcements? All right, now we go to public comment, and we have lots of folks signed up, and I guess my first question is, I heard a rumor, Mr. Simpson, that they've given you their time, but I'm not sure they all did. I think about 10 did, and I'm Vice Mayor, I am Bruce Simpson, and I'm representing a number of businesses along Industry Road. And they're here tonight, and they can stand and sign their time if you'd like. Okay. Our limit is 15 minutes. So if you – I've got Susan Delph. Are you here? Are you giving your time to Mr. Simpson? No. Okay. Carl Weiss? Yes, ma'am. Yes. Don Wathen? Yes. Okay. Brian Wood, are you giving your time? Okay. So, and I believe we have Jim House? No. Hickson. Hickson. I'm so sorry. Okay. Thank you. And we have, we can take one more. Robert? Yes. Collins. Collins, are you giving your time? Okay. There's your 15 minutes. So, and then we have others who want to speak on their own. All right. You have 15 minutes. All right, thank you. If you'll give us your name and address. I don't believe I'll need 15 minutes, and I know you're coming to the end of the year and at the end of the meeting, and people, you don't want to leave and do other things. But as I said, I'm Bruce Simpson. and I'm here on behalf of 20 businesses along Industry Road. We wanted to come to you before you took your Christmas break because the folks that I represent became aware 16 days ago that the government was considering relocating the homeless shelter which exists on Winchester Road to property which the government owns at 1155, 1055 Industry Road. And that was the first any of the folks that I represented heard about that proposal. So it came as quite a surprise, and we have been trying to educate ourselves about what's taking place. And we were aware that there was a mediation in connection with an administrative complaint filed with the Department of Housing and Urban Development that was supposed to be scheduled for December the 3rd, and that got postponed. We're not involved in that case, and we're not involved in any of the litigation, and I'm not talking about any of the litigation. I have an opinion about the merits of the complaint and the litigation, which I believe are meritless, but we're here simply because we wanted to bring it to your attention, the folks that are here tonight and other people along Industry Road, and our group is growing, that certain points that we want you to consider as you evaluate your options with respect to any kind of a settlement of any case or a decision to use the property on Industry Road for a homeless shelter. Obviously, homelessness has been a problem in our community for a number of years. We've had a lot of work done, a lot of studies have been done by a number of administrations. It is a problem that all of us are concerned about. The folks that I represent are concerned about, many of whom support the Hope Center and other Salvation Army and other relief agencies, to help fellow citizens who are encumbered by alcoholism, drug addiction, any other malady that keeps them from being self-sufficient and lacking the ability to have affordable housing. It is a community problem. It is a problem, however, that deserves a fair hearing in terms of where a facility will be located. The problems associated with Winchester Road were brought about because nearby residents complained, and they've complained about other alternative locations. Needless to say, the businesses that I represent along Industry Road, they employ 572 people. Included among that group are three daycare centers, two of which are located within 330 feet of the proposed child care center. There's certainly no dispute that the current facility on Winchester Road has been housing sex offenders. There's a state law that prohibits sex offenders from residing within 1,000 feet of a licensed daycare center. There's another child care center just outside that 1,000-foot prohibition limit, Hallis Day School, 1,056 feet. Collectively, these three child care centers have 266 children that they take care of every day within very close proximity to a proposed homeless center. We believe that a couple of things merit your attention. Number one, as most of you know, having sit through a number of zone change cases, sometimes to the wee hours of the morning, our development has since 1958 been guided by our community's comprehensive plan, which we advertise, which takes two or three years before it's finally approved. Citizens come before the Planning Commission and this council and voice their recommendations and their opinions and their arguments about how the community should develop and where uses ought to be in our community. And that comprehensive plan is followed and implemented by very ordinances that you all adopt. You all adopt zoning ordinances to implement the comprehensive plan, and that's been going on since 1958. And in all of the plans that apply to Industry Road, there's not been one plan which has ever recommended its use for residential purposes. And the truth of the matter is that no person who could afford to live and sustain themselves, any residents, would choose to live on Industry Road. It's a business-oriented neighborhood. It always has been. And it's always been planned that way, and it is that way today, and it should be that way for the foreseeable future. The proposal to locate a homeless shelter, which is a residential shelter, is totally inconsistent with every single comprehensive plan that's been adopted by this body and the Planning Commission since 1958. There is nothing in the zoning ordinance that applies to this property, your property, which is Zone B1, that mentions or allows for a homeless shelter. It is pointedly not discussed. It's not referenced as a permitted use. The only arguable, I say arguable because this seems to be the position of the staff that says it's arguable that a community center could be a use for a homeless shelter. I have included in the letter that I have passed out to each of you a copy of the zoning ordinance that applies to your property and the definition of a community center, and you can read it for yourself, but in point of fact, a community center in the B1 zone, which is the zone for your property on Industry Road, which is allowed use, a community center is defined as buildings and facilities for a social, educational, or recreational purpose operated by a nonprofit organization which are generally open to the public and which do not render a service customarily carried on as a business. A social, educational, or recreational purpose. Nothing about residential. Nothing. So what we have in terms of your deliberation is a zoning ordinance which you adopted, which has been on the books to implement comprehensive plans which have been approved by this body and your predecessor since 1958 which do not permit residential uses on Industry Road. Now, the government is exempt from the very zoning ordinances it requires every other business and every other citizen to follow. you can choose to use your powers of exemption and say, you know, we're the government. It's our property. We don't have to follow our own ordinances. We don't have to follow the comprehensive plan. We can do what we want to do. You have that power. I would suggest to you, as you deliberate this, in light of the business owners and the 576 employees and the 266 children in the daycare center, as you deliberate whether to exercise that power and not follow the ordinance that applies to your property, that is it reasonable to apply a different set of standards and rules to your property than apply to every other property owner in Fayette County? Is it reasonable to locate a residential facility on a business road that has been business since it was created, that was planned for business and is planned in the future for business? By no stretch of the imagination does it comply with any notion of compatibility for existing uses. it is in a fragile area of our community Eastland Shopping Center was one of the first shopping centers in Lexington and it has struggled and struggled and struggled for years and you've heard from King Offit of Brian Woods Company by email that referenced that in 2001 when Brian bought the property it was vacant for the most part 60% occupancy It was a blighted area. Since 2001, they've spent $5 million. Fixing it up is now 95% occupied. And it's a struggle to get good tenants that will pay their rent, and more and more businesses. Joe Murphy of Bud's Gun Shop has spent $4 million on his business since he moved in on Industry Road. But it's still fragile because of Winchester Road. and the problems of adult entertainment uses, and those kinds of problems coupled with a residential use that has never been authorized by your zoning ordinance concerns the folks that I represent greatly. And so what we're asking that you do, in light of the law that applies to your property, that be followed, that you take your property out of the consideration for a use that was never planned and never authorized by any ordinance that you've ever passed for Industry Road. I know that the process is ongoing. We are not involved in the HUD action. We can't be because it's not in court. So all we can do is come down here and let you know of our serious reservations and that the more prudent, practical, and equitable policy for you to adopt as regards Industry Road is to take it off the table. I appreciate your attention. I'll be happy to respond to any questions. The folks are here to likewise share any concerns that you'd like to hear amplified in terms of their individual properties. but that concludes my presentation. Thank you very much. I appreciate, and I'm sure all of us here do, hearing these concerns, and this, I think, will be an ongoing discussion, and we'll need to, I don't think we can make a decision tonight, but if any council members have questions of Mr. Simpson, I think that would be fine if you want to ask a question. Not tonight. Okay, thank you so much. Thank you all. Appreciate it. And there are other folks on the list whose time didn't get to go to Mr. Simpson if you still would like to speak. First up is Susan Delph. Welcome. Welcome. Welcome. I came to you on a personal level. The petition that's been going around for cleaning up the community in came from the mayor's office, as we know. and I went down to Nathaniel's Mission. Nathaniel's Mission's pastor came to me for help because I am homeless and she thinks I know what's going on down the street, which I do. Better than any one of you up here. We would like to get off the streets, but some of us can't because we are qualified for Section 8 housing. I'm one of them. I'm on SSI. I should be on SSDI because I have a back injury. And another thing is with the previous person that came up here, the street people would like to start their own business. They decided they wanted to start a coffee shop. on one of them would be on Winchester Road, where the payday event store is right now. It's up for sale. There's nobody in there. We would like to upscale Starbucks if we could because they don't sell the magazines or newspapers in there. We would like to do that. And that's one way that you get off the streets with the tips and the salary. And they also would like to have their own shelters. We figured out we could put up two of them here. One would be a tent city, because I know there's a lot of places here in town where the cops have been around and say, get out of the area. They would like to have that. They don't want to be under Jenny Ramsey's thumbnail, because we know about Jenny Ramsey on the street. They think they got enough on her to choke an elephant. So Nathaniel's mission is working with us on helping us to try to get off the street with some classes to start up at the beginning of the year. She's also started up a Bible study class this morning. And she also has a diabetes clinic classes there too. So we're working with Nathaniel's mission. But I'm also the leader of this group also. And with this petition that's been going around, my life has been threatened from people from the community in. they have threatened there's at least eight people that I know who want to bodily harm me so right now I'm not staying there because of it as you can probably understand I am staying with some of the street kids that I know looks up to me as a parent they're the mash kids they're from 18 to 24 they call me mom on the street miss delf yes i'm so sorry to stop you we have a three minute time limit i understand that i'm about done. I will like what Jenny Ramsey said to the group up there, the reason why my life has been threatened, is because she said I was personally responsible for the closing of the community in. And that was supposed to have been last month on the first week. I will like to see resolution on this. As you could think. And as you don't know. I would like to have an apology from her because I already know if I ever get hurt because of this, I will charge her for this and charge for the other person who did that to me when I wind up in the hospital. Thank you so much. We appreciate your coming. Next up is Greg Scheller. I was also part of the industry Okay Okay John Congleton Okay Very good Bernard McCarthy Okay for the record My name is Bernard McCarthy I live at 515 Harry Street I want to point out That while I'm usually nagging you to build more streets that go somewhere, and all these people came to argue over where to move a homeless shelter to. I think one principle applies in all cases in that there are certain facilities that we just have to have no matter how unwanted they might be. I mean, there's some things that you've got to have, even if everybody says, don't you dare put it anywhere near me. Neighborhoods always want to barricade themselves off and not let anyone drive through their territory. And they also want to shut out the homeless people. Same NIMBY groups. And also, I want to point out, I think you guys have been plunking a few too many multi-way stops around town. I mean, it's almost as if you're trying to take a bite out of everybody's fuel economy, because when you make all the traffic from all directions stop, it takes that much more gas to put all those cars and trucks back in motion. It would be better for gas mileage and better for reducing pollution if you were, instead of multi-way stops, to use either more signals in cases where the intersections are spaced evenly enough that signals could be synchronized, or in the case of streets where the intersections fall at odd intervals and you couldn't synchronize signals, it might be better to use roundabouts. Just a thought, but also we need to get more sources of money put into road building. but you really should try to make developers who build the subdivisions and shopping centers provide streets that go somewhere, even if their customers do hate it. Because, if anything, it's made the news recently that the state's fuel tax will be dropping the first of the year because gas prices have dropped, and it's tied to a percentage. In that case, I think unless the legislature intervenes to do something, which you have a better shot at persuading them than I do, but unless they do, maybe it should be incumbent upon this government to come up with a way to either make developers directly provide more through streets or tax developers so that this government can build more of them. Thank you, Mr. McCarthy. Joe Murphy? I'm with Mr. Rose. Okay, you don't want to speak. Tammy Ritchie. If you'll state your name and address for the record, and you'll have three minutes. My name is Tammy Ritchie, and I'm actually one of the co-directors for Hallis School that Bruce Simpson spoke in reference to. My biggest concern, I feel for homeless people, I do, they need help. They need things like the Hope Center that gives them educational opportunities and things to make their lives better. I like everybody. I don't have a problem with anybody. My biggest concern in the whole community end situation is the sexual offender registry. Whenever it first opened in 2011, they said that they would not house sexual offenders in that location. Since that time, there have been approximately 50. We keep a book at the school because where we're located, we're kind of secluded from the rest of the shopping center. so the other people and staff members, we keep an eye on who's walking up and down in front of our location, and we'll go outside and we'll question, why are you here? What are you doing? Our biggest concern is our children. He said that there were 266 children in the three facilities. If we were at full capacity, which we aren't with the child care assistance things that went on, we're getting back to that, but we have a capacity of 280 children. So if we were at full capacity, almost 300 children would be affected by that. So my standpoint towards the community, and it's not the fact that it's a homeless shelter, they need them. They need places to go. I don't want them having to be outside. I do, however, think that there should be more strenuously looking at the sexual predator things. Just in 2014, there were 14 of them, and three of them have returned to Fayette County Jail. Two of them are in Taylor County Jail. two of them have gone to LaGrange. These are not the type of people that I want around the children that I'm trying to take care of and keep healthy and safe. That's all I have to say. Thank you very much. And last is Jerome Hahn. Are you here? Mr. Hahn? All right. Did anyone else wish to speak? Second. We have a motion to adjourn. All those in favor, say aye. Aye. Anybody opposed? We are adjourned. Thank you very much.