Music Work session, meeting of the work session of the council. I'll call the meeting to order. And ask for, Mr. Mundy is in here. No, Mr. Mundy's not in here. Oh, Mr. Mundy, has anybody signed up to speak to issues on the agenda? On the agenda? Thank you, sir. Okay. Ms. Kidmore? Oh, okay, Kiv. Are you here to speak to an issue that's on the agenda today? It's on the agenda, but I've been told it was going to be discussed. All right. Well, then it would be appropriate for you to speak now. That'd be great. Sure. Why don't you just come right on up to the podium? Thank you. I'm Kiff Skidmore. I represent the Lexington Herald-Leader. I'm here to speak about what I believe is a proposed ordinance. I have not seen this affecting the delivery of certain publications to homes throughout Lexington. My understanding is that this proposed ordinance would mirror one that exists in Louisville currently and would prohibit the delivery of certain publications except in designated areas of homes. We would request that the council not rush this ordinance just to allow for an appropriate examination of the implications on free speech. this will impact a specific publication of the Lexington Herald-Leader, which is the Community News. This Community News publication has an opt-out provision. Currently, there are over 800 members of our community that have participated in the opt-out, and the Lexington Herald-Leader does respect that opt-out provision. We, in understanding that the proposed ordinance is based on a Louisville provision, which has been upheld by a lower federal court there, we just want to make the council aware that there are several appellate court decisions that have struck down similar ordinances throughout the country. And there is a, there are at least two circuit court or appellate level decisions since the 2009 ordinance in Louisville. So we do think that the ordinance would be subject to constitutional invalidation. Basically, we're just asking that the council not rush this, give the community a chance, and the Herald-Leader and the legal department of the Urban County Council to look at the implications on the First Amendment right to free speech and also just emphasize that there is this opt-out provision available already so that individuals in the community who do not want to receive the publication or individuals who already receive the Lexington Herald-Leader do not receive the community news. Do you have any questions? Thank you. Thank you, Kiff. Two council members or three council members have signed on to speak to this issue. So Council Member Farmer first, then Vice Mayor Gordon, then Council Member Stenet. Council Member Farmer. Thank you, Mayor. This time of our meeting is when we have comments about issues that are literally on the agenda. This issue is not on our agenda. It is not part of our legislative, any of our committee structure. In fact, all I have seen on this is I thought one confidential memorandum, which I would wonder how the newspaper got and why you were here to comment on it, because we have not taken this up in public. We've not really talked about it in private. We had one e-mail sent to us earlier this week about it. So I wonder how you got here, under what circumstances, and who leaked that confidential memorandum. Vice Mayor Gordon. Thank you, Mayor. I just wanted to ask again for the opt-out number so that we can publish it on our GTV3. 836. Can you come to the microphone, please, and give us the opt-out number? The opt-out number is currently 836. The phone number to call. Oh, I'm sorry. If someone wants to opt out of the Herald-Leader, do you know the number? I don't know that number. I can get that for you probably immediately. Yes, Council Member Akers knows the number then. Yes, ma'am. The number is 231-3354, and that's 859, of course. Thank you. You're welcome. Thank you. All right. Thank you, Vice Mayor Borg. Council Member Stennett. Thank you, Mayor. Since this issue has been brought up, and I echo Council Member Farmer's comments, I will let the public watch you know the council will take this up once we reconvene in the January term with the new council. It is a public safety issue that many constituents, even this past Monday, a lot of you got hit hard that are calling in regards to public safety, stormwater damage in our drainage systems, many other issues pertaining to this that we've been getting flooded with. So we will take this up and we will have plenty of public debate in January on this issue. and the council is ready to act swiftly and act fairly to the betterment of every citizen, not just one for-profit newspaper, but for everyone in town that has this opportunity to advertise in many different ways. Thank you, Mayor. All right. Thank you, Council Member Stennett. All right. That allows us to move on to the next item on our agenda, which is are there any rezoning requests by council members? All right. Then I'll ask for a motion to approve the docket. Second. It's a motion by Council Member Stenet, seconded by Council Member Ellinger. Is there any discussion on the motion? All right. Hearing none, then we can take a vote. All in favor, please say aye. Aye. Any opposed? Motion carries. Allows us to move on to approving the summary. Is there a motion? Motion by Council Member Beard. Seconded by Council Member Akers. Is there any discussion on the motion? Okay. Then we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Oh, Mayor. Wait just a minute. Vice Mayor. Oh, dear Mayor. Vice Mayor. Dear Mayor, I have a motion pertaining to new business, and I'm so sorry. This last work session of mine, I totally forgot. Can we go back? It's item B. Oh, okay. Did we already do new business? We did. oh we haven't done it we'll see i'm ahead of myself all right i'm thinking it was january instead of december that sense of humor is working overtime we understand all right all right let's see we i was i'd ask for a motion all right i'll take chair will accept a motion to approve budget amendments. So moved. Second. Motion by Council Member Lane. Second by Council Member Clark. Is there any discussion on the motion? Okay. Hearing none, then we can take a vote. All in favor, please say aye. Aye. Any opposed? Motion carries. Next is new business. Is there a motion to approve? Move approval. Second. Motion by Vice Mayor Gordon and second by Council Member Henson. Is there any discussion on the motion? Vice Mayor Gordon. Okay, Mayor. I do have a motion regarding item B. I move to amend the synopsis of item B under new business items to read as follows. Authorization to accept the donation of one refrigerator, valued at $1,500, from Pirats to the Division of Family Services. This is a request to accept a donation of this refrigerator, and the change is $1,500, not $800. All right. Motion by Vice Mayor Gordon and second by Council Member Henson. Is there any discussion? All right. Hearing none, then we can vote. All in favor, please say aye. Aye. Any opposed? All right. Motion carries. Anyone else wish to speak to the motion on new business? All right. Then we can vote on the motion. All in favor, please say aye. Opposed, no. Motion carries. Next is continuing business and presentations. First item on our agenda is NDFs. Is there a motion on the NDFs? Motion by Council Member Ellinger, second by Council Member Myers. Is there any discussion? Okay, then we can take a vote. All in favor, please say aye. Aye. Is there any opposed? All right. Motion carries. Next is a summary of the Environmental Quality Committee meeting of November the 18th by Councilmember Stennett. Thank you, Mayor. It's my privilege and honor to give my last Environmental Quality Summary report to the Council. We called the meeting to order at 11.05 a.m. Our first item on the agenda was committee summary, which passed without dissent. Second item was the Stillery District update. Commissioner Paulson discussed the hydrology study, the trail system, and also staff assistance with the proposed stream restoration project. The hydrology study was recently awarded to Vision Engineering with completion expected in the fall of 2015. Also, as many of you know, Commissioner Paulson stated that phases four and five of the trail system have been provided funding by the Commonwealth of Kentucky and should also be completed in 2016, as well as the design funds that have also been committed for Phase 6 of the trail. Also in question was the remaining $1.5 million of the bond that was passed by Council for the Distillery District. The administration will come back in January with recommendations for plans for the remaining $1.5 million of the bond's proceeds. We did have one citizen speak, Tony Higdon, which is the property owner of the Pepper Distillery building in the distillery district in regards to his project and what he's working on with the new microbrewery. The third item on our agenda was an update from Empower Lexington's annual report. This has to do with reducing our carbon footprint in urban areas. The goal is to reduce energy usage by 1% annually. There are several sectors, including residential, commercial, industrial, institutional, transportation, land use, food, agriculture, and waste that are being considered in efforts to reduce energy usage. The highlight of it was the increased regional usage in bicycling over the past five years, as well as a strong investment in LEED investments in both commercial and industrial sectors, as well as the continued outreach and awareness campaigns to reduce energy. Also, we also discussed during that time efforts to reduce efficient or become more efficient in land use, including the PDR and other conservation efforts. The last item on our agenda was monthly financials, and they were included in the packet for information only, and we adjourned at 11.58 a.m. Thank you, Mayor. All right, sir. Thank you. And the next is the Budget and Finance Committee summary from November the 18th by Councilmember Ellinger. Thank you, Mayor. The Budget and Finance Committee met on November 18th. The first item in the agenda was the October 21st Budget Committee, the whole summary. This was previously approved at the November 11th work session. The second item was a comprehensive annual financial report. Simon Kemper with Dean, Dorton, Allen, and Ford summarized the 2014 financial audit findings and gave us a clean report. He discussed the auditor's responsibilities, which is the overview of the scope and timing of the financial statement, accounting, policies and practices, audit adjustments, uncorrected misstatements, and communications required by generally accepted auditing statements. He stated that any internal control deficiencies considered to be significant will be included in the A-133 reporting to be submitted later this winter. He stated that no significant issues arising from the audit were discussed with or were subject of correspondence with management, and he also stated that they did not counter any significant difficulties in dealing with management during the audit. The third item in the committee was the monthly financial report. Rusty Cook and Bill O'Mara reviewed the monthly financial report for October. Mr. O'Mara stated that most of this socioeconomic data was in favorable position for October. Rusty stated that general fund revenue is $2.95 million under budget through October. He also stated that the employee withholding revenue was approximately $3.4 million under budget. Franchise fees were $1.6 million over budget. Services were about $0.6 million under budget, and insurance was $1.1 million under budget through October. stated that much of the variance was related to timing of revenue receipts. Mr. Romero stated that general fund expenses were approximately 6.7 under budget through October, leaving a positive variance of $3.9 million through the first four months of fiscal year 2015. The fourth item was the fiscal year 15 professional services increases for division of fleet and services. Councilmember Clark introduced the topic and stated that the general services link wanted to track professional services spending. John Shee described the fiscal year 14 budget increase in the facilities management group. He stated that it was a function of temporary labor to cover vacancies, upgraded service of 15 buildings, an addition of 11 buildings that received much needed services. John Shee stated that the lyric maintenance increase was due to increased custodial needs of the facility. He also stated that the slight increase in maintenance services at the Charles Young Center was due to outside labor increases. The meeting was adjourned at 2.55, and I want to thank the committee for allowing me to be chair. That's all, Mayor. Thank you, Council Member Ellinger. That allows us to move on to council reports. If you will please log in if you have a council report. All right, Vice Mayor Gordon. Thank you, Mayor. I am going to save most of my remarks for tonight. However, I sort of thought back about work sessions, and I figure in my service I've attended somewhere over 600 work sessions. If you take out, you know, four weeks for our summer break and four weeks for our winter break. But I just really, Council Member Ellinger, thank the council for his, the honor of chairing budget and finance. And I just want to say I think each of you has done a fine job. And everybody here has their own special interest and special talent. And so I'm saving most of my remarks for tonight. but I want to thank all of you because I think work session, you know, we get messy sometimes. And to the public who aren't here a lot, it looks crazy sometimes. And they've told us that. They've said, what on earth are you doing? What happened there? And it is messy work sometimes, but we come out of it in the end usually in a better place. And, Mayor, you've been an awesome chair of our work sessions. I know we've probably given you a few gray hairs over these work session years, but it's all in good dedication for the betterment of our community. So I'll see you tonight. Thank you. Thank you for those thoughtful, inspiring, as usual, remarks, Vice Mayor. Council Member Stennett. Thank you, Mayor. I failed to mention earlier, I wanted to also thank Commissioner Graham and your law department for acting so quickly on the council's request for some guidance on the previous discussed issue at the beginning of the meeting. So thank you all for coming back to the council before we got on break. You made it under the deadline, so thank you so much. We appreciate that. And also, I have comments later, but I would just say to Council Member Ellinger, Council Member Myers, Council Member Gordon, every work session I've ever participated in, you've been in. And since day one, we've been here the last 10 years together. So you all will be missed during work sessions. But I know we have a lot of good people coming in to fill your shoes. And you've passed on a lot of good knowledge to a lot of us. So thank you, Thurie, for spending your time with me personally and then to Councilman Clark and Beard. It's been a pleasure serving with both of you gentlemen. You've acted like gentlemen the whole time. And I don't say that lightly because at times when I first got elected, there weren't a lot of gentlemen sometimes. So it was a tough environment. We saw the other side of people. So I appreciate you all conducting yourselves on and off the microphone in the manner which you have. So thank you all. Thank you, Council Member Stenet. Council Member Ford. Thank you, Mayor. Members of Council, just wanted to quickly announce that this morning we were fortunate to be with the folks over at Lex Tran, breaking ground. Mayor Gray joined us as did Councilwoman Akers in celebrating with Lex Tran as we broke ground on their new headquarters facility. They're going to be relocating not far from their location at 109 West Loudoun, but just across North Broadway. And that's going to allow them to centralize all of their operational needs. And we know in the last 10 years, this community has really invested in Lex Tran. So that's going to be real exciting towards the intersection of Russell Cave Road and West Loudoun Avenue. And then also, it was sort of a going away event as well as the general manager, Rocky Burke, is going to be taking a new assignment. and Sarasota. And on a cold day like today, that sounds like a really good deal, but we wish him and his family well and their new ventures down there. Thanks, Mayor. Thanks, Council. Thank you, Council Member Ford. Council Member Henson. Thank you, Mayor. I'll save my comments for the leaving Council Members Ford later this evening. Sometime, if I could possibly say. But I wanted to mention yesterday, well, at the grand opening, actually, of Safety City, the grand reopening of Safety City, a few months ago, the mayor was there. our chief of police came up to me and said we need to clear some of the overgrowth that's around safety city because it would give a safer appearance for the children visiting there and the teachers and so forth. So I got, we have such fabulous employees. I got with Susan Pluger and Commander Armstrong, who is over the clear unit, and we organized a cleanup yesterday. So we had officers come off duty with their chainsaws, and we also had the contractors there. But I was just so impressed with their work and very, very, I think our city is blessed in so many very different ways. So, but that was one of them. And thank you. Thank you, Council Member Henson. Anybody else? All right. Then next on our agenda is the mayor's report. and there is a mayor's report, and Jamie, you got something? Yes, sir. We need to make a minor amendment to the mayor's report. To do that, we'll need a motion from a council member, and I think Council Member Kaye has that motion. Thank you. Yes, I move on number 10, I move to remove the wording, the appointment of Council Member Steve Kaye, And I want to explain that there's been some confusion about two boards that are closely connected and which one I would be interested in serving on. I'm interested in both of them. But in any event, this will come back to Council in January. But for the moment, I move to remove the appointment of Council Member Steve Kaye. So move. Motion by Council Member Kaye and second by Council Member Farmer. Is that right? Yes, sir. All righty. Is there any discussion on the motion? All right. Hearing none, then we can take a vote. All in favor, please say aye. Aye. Is there any opposed? All right. Then the motion carries. Thank you. Is there a motion to approve the mayor's report? Move approval. Second. Motion by Vice Mayor Gordon. Second by Council Member Beard. Is there any discussion on the motion? All right. If not, then we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Next on the agenda is public comment for issues not on the agenda. And Mr. Mundy says nobody signed up there. All right. So I'm going to ask Vice Mayor for a motion now to adjourn. Move adjourn. Motion by Vice Mayor Gorton to adjourn after 600. And second, worse sessions. More than 600. And a second by Council Member Myers. Unless there is an...