# Urban County Council Meeting - May 7, 2015 > Auto-transcribed civic record · May 7, 2015 - **Permalink**: https://meetings.lexingtonky.news/meeting/3653 - **Source video**: https://lfucg.granicus.com/player/clip/3653?view_id=14&redirect=true - **Date**: 2015-05-07 - **Last revised**: July 15, 2026 - **Length**: 10,403 words > ⚠️ **Auto-generated content.** Audio from the official Granicus video was auto-transcribed with OpenAI's open-source Whisper large-v3-turbo model, run locally by The Lexington Times. Structured facts were extracted with GPT-4o; the narrative summary was written by Anthropic Claude. Verbatim wording may contain errors. See [methodology](https://meetings.lexingtonky.news/about/methodology) or [report a correction](mailto:editor@lexingtonky.news). --- ## Meeting Overview The Urban County Council met on May 7, 2015, at 6:00 p.m. in the Council Chambers at 200 E. Main St, Lexington, KY 40507, with Mayor Gray presiding. The council considered 61 agenda items during the meeting, taking 53 motions and votes and hearing 3 public comments. The meeting addressed a wide range of municipal business, including zoning ordinances, budget amendments, civil service position changes, and various resolutions authorizing contracts, change orders, and agreements. Notable actions included the approval of zoning changes for wholesale and warehouse properties, amendments to smoking ordinances, the creation of the Downtown Lexington Management District, and authorization for the issuance of up to $4,500,000 in Educational Building Revenue Refunding Bonds. The council approved the majority of items brought before it, with some items designated for first reading only. ## Attendance The following individuals were present at the meeting on May 7, 2015: * Maloney * Mossotti * Scutchfield * Stinnett * Akers * Bledsoe * Fred Brown * James Brown * Evans * Farmer * Gibbs * Henson * Kay * Lamb * Lane No absences or late arrivals were recorded. ## Votes and Decisions The council passed 51 motions during this meeting, consisting of 8 ordinances and 43 resolutions. All votes were conducted by roll call. **Ordinances** Ordinance 0491-15, changing zoning from Wholesale & Warehouse (B-4) and Two-Family Residential (R-2) to Highway Service Business (B-3) for properties on Winchester Rd, Detroit Ave, and Dayton Ave with a dimensional variance, passed 12-2-1 [timestamp: 00:05:47]. Voting in favor were Maloney, Mossotti, Stinnett, Akers, Fred Brown, James Brown, Evans, Farmer, Gibbs, Henson, Kay, and Lamb. Lane and Scutchfield voted against, with one abstention. Ordinance 0421-15, amending authorized strength by transferring civil service positions from the Division of Facilities and Fleet Management to the Department of Public Safety effective July 1, 2015, passed unanimously 15-0 [timestamp: 00:12:45]. Ordinance 0492-15, amending the Zoning Ordinance to allow multi-tenant listings on free-standing signs in the B-6P zone, passed unanimously 15-0 [timestamp: 00:17:01]. Ordinance 0422-15, renaming the Office of Chief Information Officer to the Department of Information Technology effective upon passage, passed unanimously 15-0 [timestamp: 00:17:01]. Ordinance 0558-15, amending budgets and appropriating/re-appropriating funds (Schedule No. 56), passed unanimously 15-0 [timestamp: 00:17:01]. Ordinance 0452-15, transferring a vacant Service Writer position from the Division of Parks and Recreation to the Division of Facilities and Fleet Management effective upon passage, passed unanimously 15-0 [timestamp: 00:17:01]. Ordinance 0518-15, changing the pay grade of a Safety Coordinator from Grade 514N to 516N in the Division of Streets and Roads effective upon passage, passed unanimously 15-0 [timestamp: 00:17:01]. Ordinance 0561-15, amending budgets for General Fund reallocation projects approved at the April 28, 2015 Work Session (Schedule No. 62), passed unanimously 15-0 [timestamp: 00:17:01]. **Additional Actions** Ordinance 0480-15, creating the Downtown Lexington Management District with a 15-member board and assessment authority, passed 14-1 [timestamp: 00:17:01 and 00:31:46]. Lane voted against the initial motion; a subsequent motion on the same ordinance passed 14-0. Ordinance 0519-15, transferring classified civil service positions from the Division of Community Corrections to the Division of Computer Services with a pay grade change for the Computer Systems Manager from 542E to 524E, passed unanimously 15-0 [timestamp: 00:20:39]. Ordinance 0586-15, amending the 2015 meeting schedule to move June 23 and June 25 meetings to June 16 and June 18 with the FY16 Budget first reading on June 16, passed unanimously 15-0 [timestamp: 00:31:46]. Ordinance 0587-15, amending smoking ordinances to define retail e-cigarette stores and create an enforcement exemption for such stores, passed 14-0 with Councilmember Lamb absent [timestamp: 00:31:46]. ## Budget and Financial Actions The meeting included approval of 22 financial actions totaling approximately $7.2 million in expenditures, grants, and bond issuances. **Equipment and Services Purchases** * Hazardous gas monitoring equipment for West Hickman Wastewater Treatment Plant from Sierra Monitor Corp.: $59,291.98 (Resolution 0446-15) * Service agreement with Lighthouse Ministries for full-service dining facility: $67,657 (Resolution 0485-15) * Group life insurance for all LFUCG employees with Prudential Insurance Co. of America: $775,000 (Resolution 0521-15) * Fire recruit testing site rental agreement with Fayette County Board of Education: $1,200 (Resolution 0520-15) **Design and Consulting Contracts** * Landfill cap design for Haley Pike Landfill by Cornerstone Environmental Group, LLC: $43,630 (Resolution 0449-15) * Professional services agreement with CITYVisions Associates, LLC and AU Associates, Inc. for Old Fayette County Courthouse development agent services: $500,000 for Phase 1A (Resolution 0510-15) * Consultant services agreement with Element Design, PLLC for Idle Hour Park Improvements: $33,000 (Resolution 0511-15) **Contract Amendments** * Change Order No. 1 to Accela, Inc. contract for Civic Platform Project: $134,752.00 (Resolution 0465-15) * Change Order No. 1 to IBM contract for Disaster Recovery Equipment Project: $51,660 (Resolution 0479-15) * Change Order No. 1 to GRW Engineers, Inc. contract for West Hickman Wastewater Treatment Plant: $54,690 (Resolution 0512-15) * Change Order No. 1 to Riddell Construction, Inc. contract for Coroner/Community Action Center Renovation: $247.62 (Resolution 0509-15) * Change Order No. 4 to EOP Architects, PSC contract for Replacement Senior Citizen Center Design: $4,600 (Resolution 0529-15) * Change Order No. 1 to Bluegrass Contracting Corp. contract for Roadway Rehabilitation: $7,621.20 (Resolution 0544-15) **Grants and External Funding** * Grant application to U.S. Department of Labor for employment training program for court-involved youth: $1,050,000 (Resolution 0470-15) * Neighborhood Community and Sustainability Grants to 13 organizations: $44,000 (Resolution 0482-15) * Grant application to Kentucky Transportation Cabinet for Town Branch Trail Crossing design: $43,000 (Resolution 0540-15) * Supplemental agreement with Kentucky Transportation Cabinet for additional federal funds for Polo Club Boulevard design: $25,000 (Resolution 0543-15) **Bonds and No-Cost Agreements** * Educational Building Revenue Refunding Bonds, Series 2015, for Sayre College: $4,500,000 (Resolution 0515-15) * Contract amendment for Neighborhood Action Match Project: no cost to Urban County Government (Resolution 0474-15) * Facility usage agreements with youth baseball leagues: no cost to Urban County Government (Resolution 0524-15) * Sole source price contract for decontamination air shelters: no cost to Urban County Government (Resolution 0549-15) * Agreements with five organizations for Office of the Urban County Council: $5,870 (Resolution 0566-15) ## Public Comment Three members of the public provided comments during the meeting. **Downtown Lexington Management District** Joe Terry spoke in favor of the Downtown Lexington Management District ordinance [timestamp: 00:07:49]. He advocated for its passage, emphasizing strong support from property owners and the need for stable, reliable funding through annual assessments. Drew Fleming also supported the ordinance [timestamp: 00:09:28]. He highlighted that 51% of property owners and 62% of assessed value were in favor of the measure, and stressed the importance of consistent funding for downtown improvements. **Street Closures and Right-of-Way Transfers** Bernard McCarthy opposed proposed street closures and right-of-way transfers [timestamp: 01:07:10]. He argued against closing streets, advocating instead for increased street connectivity. McCarthy expressed concern about maintaining sufficient lanes for cars and trucks, particularly during poor weather conditions. ## Appointments The following personnel actions were taken: **Appointments:** - Eric Reid, Div. of Computer Services - Melvin Clemmons, Div. of Water Quality - Darrell Morbley, Div. of Waste Management - Harry Ashby, Div. of Waste Management - Ersula Killens, Div. of Facilities and Fleet Management - Thomas Allen II, Div. of Parks and Recreation - Donnie Salmons, Div. of Police - Ban Hasan, Div. of Family Services - Paul Willard, Div. of Engineering - Barry Prater, Div. of Waste Management - Alecia Smith, Div. of Human Resources - Stephanie Jackson, Div. of Facilities and Fleet Management - Tricia Platt, Div. of Family Services - Vincent Hickey, Div. of Building Inspection - Chundra Lott, Div. of Revenue - Travis Workman, Div. of Facilities and Fleet Management - Luke Canfield, Div. of Community Corrections - Glendrick Gardner, Div. of Waste Management - Lester Peoples, Div. of Waste Management **Resignation:** - Nicole Wright, Div. of Emergency Management/911 ## Contested Items **E-Cigarette Store Smoking Exemption** Council members engaged in heated discussion regarding the interpretation of a smoking exemption for e-cigarette stores within the ordinance. The concern centered on whether the language would inadvertently permit tobacco smoking in these establishments. Legal counsel intervened to clarify that the ordinance's intent was to allow only vapor use in e-cigarette stores, not traditional tobacco smoking. In response to the council's concerns, assurances were provided that the ordinance would be amended if necessary to ensure the exemption applied exclusively to vapor stores and did not create an unintended loophole for tobacco use. **Street Closures and Right-of-Way Transfers** Community opposition arose regarding proposed street closures and transfers of right-of-way. A member of the public submitted comments opposing these measures, citing two primary concerns: the closures would reduce connectivity within the community, and the loss of street lanes would create insufficient capacity for vehicle traffic during poor weather conditions. This item reflected tension between the proposed development or infrastructure changes and community members' priorities for maintaining adequate transportation infrastructure and neighborhood connectivity. ## An Ordinance changing the zone from a Wholesale & Warehouse Business (B-4) zone to a Highway Service Business (B-3) zone This ordinance proposed rezoning multiple properties located on Winchester Road, Detroit Avenue, and Dayton Avenue from B-4 (Wholesale & Warehouse Business) and R-2 zones to B-3 (Highway Service Business). The rezoning also included a dimensional variance for the affected properties. [timestamp: 00:12:11] Key speakers on this agenda item included Joe Terry and Drew Fleming, who presented information related to the proposed zoning changes. The meeting proceedings included public comment, which was taken out of order during the discussion of this ordinance. The ordinance was approved. ## An Ordinance amending Article 17 of the Zoning Ordinance to allow multi-tenant listings on free-standing signs in the Planned Shopping Center (B-6P) zone This ordinance proposed an amendment to Article 17 of the Zoning Ordinance to permit multiple tenants to be listed on single free-standing signs within Planned Shopping Center (B-6P) zones. [timestamp: 00:12:45] The ordinance was presented to the body for consideration and was approved without discussion. No speakers raised concerns or questions regarding the proposed amendment during the meeting. **Outcome:** The ordinance was approved. ## An Ordinance pursuant to Sections 3.02(24) and 6.12 of the Lexington-Fayette Urban County Government Charter [timestamp: 00:12:45] This ordinance amended the authorized strength of civil service positions within Lexington-Fayette Urban County Government by abolishing and creating positions across departments. **Key Action** The ordinance transferred civil service positions from the Division of Facilities and Fleet Management to the Department of Public Safety. An important amendment was made to the effective date, moving it from July 1, 2016 to July 1, 2015, making the changes effective immediately rather than in the following fiscal year. **Outcome** The ordinance was approved. ## An Ordinance pursuant to Section 6.12 of the Lexington-Fayette Urban County Government Charter [timestamp: 00:14:22] This ordinance renamed the Office of Chief Information Officer to the Department of Information Technology, effective upon passage. The change was made pursuant to Section 6.12 of the Lexington-Fayette Urban County Government Charter. The ordinance was approved by the body. ## An Ordinance amending certain of the Budgets of the Lexington-Fayette Urban County Government to reflect current requirements for municipal expenditures This ordinance adjusted the budgets of the Lexington-Fayette Urban County Government to reflect current municipal needs and re-appropriated funds under Schedule No. 56. [timestamp: 00:14:58] The ordinance was approved by the council. ## An Ordinance amending the authorized strength by abolishing and creating a vacant Service Writer position [timestamp: 00:14:58] This ordinance transferred a vacant Service Writer position from the Division of Parks and Recreation to the Division of Facilities and Fleet Management, effective upon passage. The ordinance was approved. ## An Ordinance amending the authorized strength by changing the pay grade of a Safety Coordinator This ordinance amended the authorized strength by changing the pay grade of a Safety Coordinator position in the Division of Streets and Roads from Grade 514N to Grade 516N. Funds for this change were appropriated under Schedule No. 59. The ordinance was approved by the meeting body. [timestamp: 00:14:58] ## An Ordinance amending certain of the Budgets of the Lexington-Fayette Urban County Government This ordinance amended the budgets of the Lexington-Fayette Urban County Government to provide funds for General Fund reallocation projects. The funds were re-appropriated under Schedule No. 62 and had been previously approved at the April 28, 2015 Work Session. The ordinance was approved by the council. ## An Ordinance creating and establishing the 'Downtown Lexington Management District' [timestamp: 00:15:58] This ordinance established the Downtown Lexington Management District with defined governance and operational structures. The district was created with a 15-member board to oversee its operations and decision-making processes. The ordinance also granted the district assessment authority, enabling it to levy assessments on properties within its boundaries. Key speakers on this agenda item included Joe Terry and Drew Fleming, who presented information and addressed questions regarding the district's creation and provisions. Public comment was taken out of order during the discussion of this item. The ordinance was approved. ## An Ordinance amending certain of the Budgets of the Lexington-Fayette Urban County Government This ordinance proposed amendments to the budgets of the Lexington-Fayette Urban County Government to reflect current requirements for municipal expenditures. The measure involved re-appropriating funds under Schedule No. 61 to address existing municipal needs. The agenda item was presented at approximately 19 minutes and 33 seconds into the meeting [timestamp: 00:19:33]. The ordinance received a first reading during this meeting, meaning it was introduced but not yet voted on for final passage. No key speakers were identified in the meeting record for this particular agenda item, and no specific debate or concerns were documented as being raised during the discussion. ## An Ordinance closing a portion of Race St. This ordinance proposed the closure of a portion of Race Street. The abutting property owner was identified, notified, and provided consent for the closure. The ordinance authorized the Mayor to execute a quitclaim deed in connection with the street closure. The item received a first reading during this meeting [timestamp: 00:19:33]. ## An Ordinance pursuant to Sections 3.02(24) and 6.12 of the Lexington-Fayette Urban County Government Charter [timestamp: 00:20:04] This ordinance amended the authorized strength of civil service positions within the Lexington-Fayette Urban County Government by abolishing and creating positions across departments. **Key Action** The ordinance transferred civil service positions from the Division of Community Corrections to the Division of Computer Services. Additionally, the pay grade for the Computer Systems Manager position was adjusted as part of this reorganization. **Presentation** Lamb presented this agenda item to the council. **Outcome** The ordinance received a first reading. ## An Ordinance closing a portion of Richmond Ave. and all of White Ave. [timestamp: 00:31:46] This ordinance authorized the closure of a portion of Richmond Avenue and all of White Avenue. The abutting property owner was identified, notified, and provided consent for the closure. **Key Action** The ordinance authorized the Mayor to execute a quitclaim deed related to the street closures. **Outcome** The ordinance was approved. ## An Ordinance amending Section 1 of Ordinance No. 166-2014 This ordinance amended the dates of scheduled Council meetings. Specifically, the ordinance changed the Council meetings originally scheduled for June 23 and June 25 to June 16 and June 18. The FY16 Budget first reading was scheduled for June 16. The item received a first reading during this meeting [timestamp: 00:22:14]. ## An Ordinance amending Section 14-97 and 14-98 of the Code of Ordinances related to smoking indoors This ordinance amended the Code of Ordinances to address indoor smoking regulations, specifically defining retail e-cigarette stores and creating an enforcement exemption for such establishments. [timestamp: 00:22:14] **Key Discussion Points** The ordinance was the subject of a heated discussion among council members regarding its interpretation and intent. The primary speakers in this debate were Gibbs, Scutchfield, Mossotti, and Kay, who engaged in substantive discussion about the provisions and their implications. **Outcome** The ordinance was approved by the council. ## A Resolution accepting the bids of S & T Fencing, Inc.; Herb Geddes Fence Co., Inc.; and Myers Fence, LLC [timestamp: 00:33:19] This resolution accepted bids for fencing contracts for the Division of Parks and Recreation. The selection process identified the lowest bid among the three submitted proposals from S & T Fencing, Inc.; Herb Geddes Fence Co., Inc.; and Myers Fence, LLC. The resolution was approved by the body. ## A Resolution accepting the bid of Randle-Davies Construction Co., LLC The council considered a resolution to accept a bid from Randle-Davies Construction Co., LLC for asphalt repair work at Waverly Park. [timestamp: 00:33:19] The resolution authorized the Mayor to execute the necessary agreement with the selected contractor for the project. The resolution was approved. ## A Resolution accepting the bid of Bluegrass Contracting Corp. This resolution accepted a bid from Bluegrass Contracting Corp. for the Meadows Northland Arlington (Oak Hill Drive) 5D project and authorized the Mayor to execute the resulting agreement. The item was discussed at approximately 33 minutes and 19 seconds into the meeting [timestamp: 00:33:19]. The resolution was approved. ## A Resolution accepting the bid of Whayne Supply Co. The meeting addressed a resolution to accept a bid from Whayne Supply Co. for emergency generators and accessories needed by the Division of Water Quality. [timestamp: 00:33:19] The resolution was approved by the body. ## A Resolution accepting the bid of J. Edinger & Son, Inc. [timestamp: 00:33:19] This resolution accepted a bid from J. Edinger & Son, Inc. for snow plows to be used by the Division of Facilities and Fleet Management. The resolution was approved. ## A Resolution accepting the bid of C&R Asphalt, LLC [timestamp: 00:33:19] This resolution accepted a bid from C&R Asphalt, LLC for asphalt repair work at Lou Johnson Park. The resolution authorized the Mayor to execute the necessary agreement to proceed with the project. The resolution was approved. ## A Resolution accepting the bid of Tennis Technology, Inc. This resolution accepted a bid from Tennis Technology, Inc. for asphalt repair work at Meadowthorpe and Shillito Parks. The resolution also authorized the Mayor to execute the necessary agreement to proceed with the project. The item was discussed at approximately 33 minutes and 19 seconds into the meeting. The resolution was approved. ## A Resolution accepting the bid of Roberts Heavy Duty Towing, Inc. This agenda item presented a resolution to accept a bid from Roberts Heavy Duty Towing, Inc. for towing services. The resolution authorized the Mayor to execute the necessary agreement to formalize the arrangement. The item was discussed at approximately 33 minutes and 19 seconds into the meeting [timestamp: 00:33:19]. The resolution was approved. ## A Resolution ratifying the Probationary Civil Service Appointments This resolution ratified probationary and permanent civil service appointments across multiple departments [timestamp: 00:35:21]. The resolution was approved by the body. ## A Resolution authorizing the Div. of Water Quality to purchase stationary hazardous gas monitoring equipment [timestamp: 00:35:55] This resolution authorized the Division of Water Quality to purchase stationary hazardous gas monitoring equipment from Sierra Monitor Corp. as a sole source provider. The resolution was approved. ## A Resolution accepting the Response of Cornerstone Environmental Group, LLC to RFP No. 1-2015 This agenda item presented a resolution to accept the response submitted by Cornerstone Environmental Group, LLC to Request for Proposal (RFP) No. 1-2015. The resolution authorized the Mayor to execute an agreement with the firm. The discussion occurred approximately 35 minutes and 55 seconds into the meeting [timestamp: 00:35:55]. **Outcome** The resolution was approved. **Details** The RFP was related to landfill cap design services. By accepting Cornerstone Environmental Group's response, the municipality moved forward with engaging the firm for this project and empowered the Mayor to finalize and sign the resulting agreement. ## A Resolution authorizing the Mayor to accept a donation from the Meadows-Loudon Neighborhood Association [timestamp: 00:35:55] This resolution authorized the Mayor to accept a donation from the Meadows-Loudon Neighborhood Association. The donation was designated for the purchase and installation of a park bench and trees in Castlewood Park. The resolution was approved by the council. ## A Resolution authorizing the Mayor to execute Change Order No. 1 to the Contract This agenda item authorized the Mayor to execute Change Order No. 1 to the contract with Accela, Inc. for the Civic Platform Project. The change order increased the contract price for this project. The resolution was approved by the council. [timestamp: 00:36:34] ## A Resolution authorizing and directing the Mayor to submit a grant application to the U.S. Dept. of Labor This resolution authorized the Mayor to submit a grant application to the U.S. Department of Labor for an employment training program serving court-involved youth. [timestamp: 00:36:34] The resolution was approved by the council. ## A Resolution authorizing and directing the Mayor to execute Contract Amendments **Item 15** [timestamp: 00:37:07] This resolution authorized contract amendments to extend the completion date of the Neighborhood Action Match Project and modify its scope. **Outcome:** The resolution was approved. ## A Resolution authorizing the Mayor to execute Change Order No. 1 to the Contract [timestamp: 00:37:38] This resolution authorized the Mayor to execute Change Order No. 1 to the contract with IBM Business Continuity and Recovery Services. The change order increased the contract price for the Disaster Recovery Equipment Project. The resolution was approved. ## A Resolution supporting and encouraging the establishment of the Forest Health Research and Education Center **Overview** Agenda item 17 addressed a resolution supporting and encouraging the establishment of the Forest Health Research and Education Center at the University of Kentucky [timestamp: 00:38:12]. **Outcome** The resolution was approved. **Note on Available Information** The provided data does not include details about key speakers, specific presentations, debates, or concerns that may have been raised during discussion of this agenda item. For a complete account of the discussion, please refer to the meeting recording at the timestamp indicated above. ## A Resolution authorizing the Mayor to execute a Certificate of Consideration for property at 1604 Ft. Sumter Dr. **Overview** The council considered a resolution authorizing the Mayor to execute a Certificate of Consideration for property located at 1604 Ft. Sumter Dr. The resolution pertained to the acceptance of a deed for stormwater improvements at this location. [timestamp: 00:38:12] **Outcome** The resolution was approved by the council. ## A Resolution authorizing the Mayor to execute a Memorandum of Understanding with AFSCME Local 4468 **Item 19** [timestamp: 00:38:12] This resolution authorized the Mayor to execute a Memorandum of Understanding (MOU) with AFSCME Local 4468 regarding non-wage benefits and working conditions for certain employees in the Division of Waste Management. **Outcome:** The resolution was approved. ## A Resolution authorizing the Mayor to execute Certificates of Consideration for Property Interests for Meadow Ln. at New Circle Rd. [timestamp: 00:38:49] This resolution authorized the Mayor to execute Certificates of Consideration for property interests needed for the Meadow Ln. at New Circle Rd. Modified Access Project. The resolution specifically addressed the acceptance of deeds for the required property interests associated with this project. The item was approved by the council. ## A Resolution authorizing the Mayor to execute a Certificate of Consideration for property at intersection of Liberty Rd. and Winchester Rd. **Overview** This resolution authorized the Mayor to execute a Certificate of Consideration for property located at the intersection of Liberty Road and Winchester Road. The resolution pertained to the acceptance of a deed that would provide additional funding for the Liberty Road at Winchester Road Improvement Project. **Discussion and Outcome** The agenda item was presented at approximately 38 minutes and 49 seconds into the meeting [timestamp: 00:38:49]. The resolution was approved by the council. ## A Resolution authorizing the Mayor to execute the Purchase of Service Agreement **Item 22** [timestamp: 00:39:21] The body considered a resolution authorizing the Mayor to execute a Purchase of Service Agreement with Lighthouse Ministries. The agreement pertains to a full-service dining facility serving low-income and homeless individuals. The resolution was **approved**. ## A Resolution authorizing the Mayor to execute Change Order No. 1 to the Contract This resolution authorized the Mayor to execute Change Order No. 1 to the contract with Riddell Construction, Inc. [timestamp: 00:39:21] The change order pertained to the Coroner/Community Action Center Renovation Project and resulted in a decrease to the overall contract price. The resolution was approved. ## A Resolution accepting the response of CITYVisions Associates, LLC, and AU Associates, Inc. This agenda item addressed a resolution to accept responses to RFP No. 9-2015 for development agent services related to the Old Fayette County Courthouse [timestamp: 00:39:52]. The resolution was approved by the body. ## A Resolution authorizing the Mayor to execute a Consultant Services Agreement with Element Design, PLLC [timestamp: 00:40:24] This resolution authorized the Mayor to execute a consultant services agreement with Element Design, PLLC for the Idle Hour Park Improvements Project. The resolution was approved. ## A Resolution authorizing the Mayor to execute Change Order No. 1 to the Contract This resolution authorized the Mayor to execute Change Order No. 1 to the contract with GRW Engineers, Inc. for the West Hickman Wastewater Treatment Plant Administration Building Expansion/Improvements Project [timestamp: 00:40:24]. The change order decreased the contract price for the project. The resolution was presented to the council for consideration and approval. The resolution was approved. ## A Resolution authorizing the Mayor to execute a Rental Agreement with Fayette Co **Agenda Item 27** [timestamp: 00:40:55] This resolution authorized the Mayor to execute a rental agreement with the Fayette County Board of Education for use as a fire recruit testing site. **Outcome:** The resolution was approved. ## A Resolution authorizing and directing the Mayor to execute a Contract with the Prudential Insurance Co. of America This resolution authorized a contract for group life insurance for all LFUCG employees with the Prudential Insurance Co. of America. [timestamp: 00:40:55] The resolution was approved. ## A Resolution authorizing the Mayor to execute Agreements with multiple neighborhood associations **Item 29** [timestamp: 00:41:26] This resolution authorized the Mayor to execute agreements with multiple neighborhood associations on behalf of the Office of the Urban County Council. **Outcome** The resolution was approved. ## A Resolution accepting the bid of SHI International, Inc. This resolution accepted a bid from SHI International, Inc. for the purchase of Panasonic Toughbooks and docking stations for the Division of Fire and Emergency Services. [timestamp: 00:43:30] The resolution received a first reading during the meeting. ## A Resolution accepting the bid of Kenney, Inc. This resolution accepted a bid from Kenney, Inc. for Hartland Pump Station Improvements and authorized the Mayor to execute the resulting agreement. [timestamp: 00:43:30] The resolution received a first reading during the meeting. ## A Resolution ratifying the Probationary Civil Service Appointments This resolution ratified probationary and permanent civil service appointments across multiple departments. [timestamp: 00:44:04] The resolution received a first reading during the meeting. No specific speakers, presentations, debates, or concerns were documented in the meeting record for this agenda item. The outcome of the vote was that the resolution advanced to first reading. ## A Resolution authorizing the Div. of Human Resources to make conditional offers This resolution authorized the Division of Human Resources to make conditional offers for probationary and unclassified civil service appointments. [timestamp: 00:51:38] Bledsoe presented the item to the body. The resolution was approved. ## A Resolution authorizing the Mayor to execute agreements awarding Neighborhood Community and Sustainability Grants [timestamp: 00:52:11] This resolution authorized the Mayor to execute agreements awarding Neighborhood Community and Sustainability Grants to multiple organizations for community and sustainability projects. **Presentation and Discussion** Akers presented the resolution to the body. **Outcome** The resolution was approved. ## A Resolution authorizing and directing the Mayor to execute a notice to be recorded in the Fayette County Clerk's Office This resolution authorized the Mayor to execute a notice for recording in the Fayette County Clerk's Office. The notice pertained to the closing of the Raven Run Landfill. The item was presented at approximately 46 minutes and 19 seconds into the meeting [timestamp: 00:46:19]. The resolution received a first reading during this meeting. ## A Resolution authorizing and directing the Mayor to execute an amendment to the agreement with Hazen and Sawyer, P.S.C. This resolution authorized an amendment to extend the contract term for program management services with Hazen and Sawyer, P.S.C. by one year. [timestamp: 00:46:49] The item received a first reading during the meeting. No key speakers were identified in the meeting record for this agenda item, and no specific discussion points, debates, or concerns were documented in the available materials. The resolution was approved for first reading. ## A Resolution authorizing the Mayor to execute Facility Usage Agreements and Concession Contracts with Youth Baseball Leagues [timestamp: 00:46:49] This resolution authorized the Mayor to execute Facility Usage Agreements and Concession Contracts with youth baseball leagues. The resolution addressed agreements for youth baseball operations and concession sales at city facilities. The item received a first reading during the meeting. No specific speakers were identified in the meeting record, and no details regarding debate, concerns, or discussion points were documented in the available materials. The resolution advanced to first reading status. ## A Resolution authorizing the Mayor to execute Change Order No. 4 to the Contract This resolution authorized the Mayor to execute Change Order No. 4 to the contract with EOP Architects, PSC for the Replacement Senior Citizen Center Design Project. The change order increased the contract price for the project. **Key Speaker** Farmer presented this agenda item to the council. **Outcome** The resolution was approved. ## A Resolution authorizing the Mayor to execute a Memorandum of Understanding with U.S. Marshals Service This agenda item, identified as item 39, presented a resolution to authorize the Mayor to execute a Memorandum of Understanding for joint law enforcement operations with the U.S. Marshals Service. The discussion on this resolution occurred at approximately 47 minutes and 24 seconds into the meeting [timestamp: 00:47:24]. The resolution advanced to a first reading, indicating it was introduced but not yet voted on for final passage. This is a standard procedural step for resolutions, allowing for initial consideration before subsequent readings and final action. No specific speakers, presentations, or debates were recorded for this agenda item in the available meeting documentation. Similarly, no particular concerns or objections were noted during the discussion. ## A Resolution authorizing and directing the Mayor to submit a grant application to the Ky. Energy and Environment Cabinet [timestamp: 00:47:56] This resolution authorized the Mayor to submit a grant application to the Kentucky Energy and Environment Cabinet for the Fayette County Household Hazardous Waste Recycling Event. **Outcome** The resolution received a first reading. ## A Resolution authorizing and directing the Mayor to accept a grant from the Ky. Transportation Cabinet [timestamp: 00:47:56] This resolution authorized the Mayor to accept a grant from the Kentucky Transportation Cabinet for the design of the Town Branch Trail Crossing. The item received a first reading during the meeting. No specific speakers or detailed discussion points were recorded in the available meeting materials. ## A Resolution authorizing the Mayor to execute Supplemental Agreement No. 3 with the Ky. Transportation Cabinet [timestamp: 00:47:56] This resolution authorized the Mayor to execute Supplemental Agreement No. 3 with the Kentucky Transportation Cabinet. The agreement provided additional federal funds for the design phase of the Polo Club Boulevard project. The item received a first reading during the meeting. ## A Resolution authorizing the Mayor to execute Change Order No. 1 to the Contract This agenda item addressed a resolution to authorize the Mayor to execute Change Order No. 1 to the contract with Bluegrass Contracting Corp. [timestamp: 00:48:29] The change order pertained to the Roadway Rehabilitation Project and authorized an increase to the contract price. The resolution received a first reading during this meeting. ## A Resolution establishing a Sole Source Price Contract for decontamination air shelters This agenda item, identified as Resolution 44, addressed the establishment of a sole source price contract for decontamination air shelters and accessories [timestamp: 00:49:03]. The resolution was presented for consideration during the meeting. No specific speakers or detailed discussion points were recorded in the available meeting materials. The item proceeded through the legislative process without documented debate or concerns being raised. The outcome of this agenda item was a first reading, meaning the resolution was introduced and read but not yet voted upon for final passage. This is a standard procedural step in the legislative process that allows for initial consideration before subsequent readings and final action. ## A Resolution authorizing the Mayor to execute agreements with multiple organizations This resolution authorized the Mayor to execute agreements with multiple organizations on behalf of the Office of the Urban County Council. [timestamp: 00:49:03] The item was presented for first reading. No specific speakers, detailed discussion points, concerns, or debate were recorded in the meeting materials for this agenda item. **Outcome:** The resolution advanced to first reading. ## A Resolution authorizing the issuance of up to $4,500,000 of Educational Building Revenue Refunding Bonds This resolution authorized the issuance of up to $4,500,000 in Educational Building Revenue Refunding Bonds to finance the refunding of prior bonds for Sayre College. **Key Speaker** Stinnett presented this agenda item [timestamp: 00:53:12]. **Outcome** The resolution was approved. --- ## Decisions - **Ordinance 0491-15** — passed (12-2): Changing zoning from Wholesale & Warehouse (B-4) and Two-Family Residential (R-2) to Highway Service Business (B-3) for multiple properties on Winchester Rd, Detroit Ave, and Dayton Ave, including a dimensional variance - **Ordinance 0421-15** — passed (15-0): Amending authorized strength by transferring classified and unclassified civil service positions from Div. of Facilities and Fleet Management to Dept. of Public Safety, effective July 1, 2015 - **Ordinance 0492-15** — passed (15-0): Amending Article 17 of Zoning Ordinance to allow multi-tenant listings on free-standing signs in B-6P zone - **Ordinance 0422-15** — passed (15-0): Renaming Office of Chief Information Officer to Dept. of Information Technology, effective upon passage - **Ordinance 0558-15** — passed (15-0): Amending budgets to reflect current requirements and appropriating/re-appropriating funds, Schedule No. 56 - **Ordinance 0452-15** — passed (15-0): Transferring vacant Service Writer position from Div. of Parks and Recreation to Div. of Facilities and Fleet Management, effective upon passage - **Ordinance 0518-15** — passed (15-0): Changing pay grade of Safety Coordinator from Grade 514N to 516N in Div. of Streets and Roads, effective upon passage - **Ordinance 0561-15** — passed (15-0): Amending budgets for General Fund reallocation projects as approved at April 28, 2015 Work Session, Schedule No. 62 - **Ordinance 0480-15** — passed (14-1): Creating the Downtown Lexington Management District with 15-member board, assessment authority, and various governance provisions - **Ordinance 0480-15** — passed (14-0): Creating the Downtown Lexington Management District with 15-member board, assessment authority, and various governance provisions - **Ordinance 0519-15** — passed (15-0): Transferring classified civil service positions from Div. of Community Corrections to Div. of Computer Services, with pay grade change for Computer Systems Manager - **Ordinance 0586-15** — passed (15-0): Amending meeting schedule for 2015 to move June 23 and June 25 meetings to June 16 and June 18, with FY16 Budget first reading on June 16 - **Ordinance 0587-15** — passed (14-0): Amending smoking ordinances to define retail e-cigarette stores and create enforcement exemption for such stores - **Ordinance 0548-15** — passed (15-0): Closing portion of Richmond Ave. and all of White Ave., authorizing transfer of right-of-way via quitclaim deed with easement reservation - **Resolution 0458-15** — passed (15-0): Accepting bids from S & T Fencing, Herb Geddes Fence Co., and Myers Fence, LLC for fencing contracts for Div. of Parks and Recreation - **Resolution 0507-15** — passed (15-0): Accepting bid from Randle-Davies Construction Co., LLC for asphalt repair at Waverly Park, authorizing agreement execution - **Resolution 0528-15** — passed (15-0): Accepting bid from Bluegrass Contracting Corp. for Meadows Northland Arlington (Oak Hill Drive) 5D project, authorizing agreement - **Resolution 0536-15** — passed (15-0): Accepting bid from Whayne Supply Co. for emergency generators and accessories for Div. of Water Quality - **Resolution 0539-15** — passed (15-0): Accepting bid from J. Edinger & Son, Inc. for snow plows for Div. of Facilities and Fleet Management - **Resolution 0553-15** — passed (15-0): Accepting bid from C&R Asphalt, LLC for asphalt repair at Lou Johnson Park, authorizing agreement - **Resolution 0554-15** — passed (15-0): Accepting bid from Tennis Technology, Inc. for asphalt repair at Meadowthorpe and Shillito Parks, authorizing agreement - **Resolution 0483-15** — passed (15-0): Accepting bid from Roberts Heavy Duty Towing, Inc. for towing services for multiple departments - **Resolution 0533-15** — passed (15-0): Ratifying probationary and permanent civil service appointments across multiple departments - **Resolution 0446-15** — passed (15-0): Authorizing purchase of hazardous gas monitoring equipment for West Hickman Wastewater Treatment Plant from Sierra Monitor Corp. - **Resolution 0449-15** — passed (15-0): Accepting response from Cornerstone Environmental Group, LLC to RFP for landfill cap design, authorizing agreement - **Resolution 0455-15** — passed (15-0): Authorizing acceptance of donation from Meadows-Loudon Neighborhood Association for park bench and trees - **Resolution 0465-15** — passed (15-0): Authorizing Change Order No. 1 to Accela, Inc. contract for Civic Platform Project, increasing price by $134,752 - **Resolution 0470-15** — passed (15-0): Authorizing submission of grant application to U.S. Dept. of Labor for employment training program for court-involved youth - **Resolution 0474-15** — passed (15-0): Authorizing contract amendments for Neighborhood Action Match Project, extending completion date to Dec. 31, 2015, and modifying scope - **Resolution 0479-15** — passed (15-0): Authorizing Change Order No. 1 to IBM contract for Disaster Recovery Equipment Project, increasing price by $51,660 - **Resolution 0424-15** — passed (15-0): Authorizing acceptance of deed for property at 1604 Ft. Sumter Dr. for stormwater improvements project - **Resolution 0442-15** — passed (15-0): Authorizing Memorandum of Understanding with AFSCME Local 4468 for non-wage benefits for Div. of Waste Management - **Resolution 0472-15** — passed (15-0): Authorizing acceptance of deeds for property interests needed for Meadow Ln. at New Circle Rd. Modified Access Project - **Resolution 0473-15** — passed (15-0): Authorizing acceptance of deed for property at intersection of Liberty Rd. and Winchester Rd. for additional funding - **Resolution 0485-15** — passed (15-0): Authorizing Purchase of Service Agreement with Lighthouse Ministries for full-service dining facility for low-income and homeless individuals - **Resolution 0509-15** — passed (15-0): Authorizing Change Order No. 1 to Riddell Construction contract for Coroner/Community Action Center Renovation, decreasing price by $247.62 - **Resolution 0510-15** — passed (15-0): Accepting response to RFP for development agent services for Old Fayette County Courthouse, authorizing agreement with CITYVisions and AU Associates - **Resolution 0511-15** — passed (15-0): Authorizing Consultant Services Agreement with Element Design, PLLC for Idle Hour Park Improvements Project - **Resolution 0512-15** — passed (15-0): Authorizing Change Order No. 1 to GRW Engineers contract for West Hickman Wastewater Treatment Plant, decreasing price by $54,690 - **Resolution 0520-15** — passed (15-0): Authorizing Rental Agreement with Fayette County Board of Education for fire recruit testing site - **Resolution 0521-15** — passed (15-0): Authorizing Contract with Prudential Insurance Co. of America for group life insurance for all LFUCG employees - **Resolution 0534-15** — passed (15-0): Authorizing agreements with multiple neighborhood associations and organizations for Office of the Urban County Council - **Resolution 0576-15** — passed (15-0): Authorizing conditional offers for probationary and unclassified civil service appointments - **Resolution 0482-15** — passed (14-0): Authorizing Neighborhood Community and Sustainability Grants to multiple organizations - **Resolution 0523-15** — passed (15-0): Authorizing amendment to agreement with Hazen and Sawyer, P.S.C. for program management, extending contract term by one year - **Resolution 0524-15** — passed (15-0): Authorizing facility usage agreements and concession contracts with youth baseball leagues - **Resolution 0529-15** — passed (15-0): Authorizing Change Order No. 4 to EOP Architects contract for Replacement Senior Citizen Center Design, increasing price by $4,600 - **Resolution 0540-15** — passed (15-0): Authorizing grant application to Kentucky Transportation Cabinet for Town Branch Trail Crossing design - **Resolution 0543-15** — passed (15-0): Authorizing supplemental agreement with Kentucky Transportation Cabinet for additional federal funds for Polo Club Blvd. design - **Resolution 0544-15** — passed (15-0): Authorizing Change Order No. 1 to Bluegrass Contracting Corp. contract for Roadway Rehabilitation at Man O’ War Blvd. and Harrodsburg Rd. - **Resolution 0549-15** — passed (15-0): Establishing sole source price contract for decontamination air shelters and accessories for Div. of Emergency Management/911 - **Resolution 0566-15** — passed (15-0): Authorizing agreements with multiple organizations for Office of the Urban County Council - **Resolution 0515-15** — passed (15-0): Authorizing issuance of up to $4,500,000 in Educational Building Revenue Refunding Bonds, Series 2015, for Sayre College --- ## Full transcript The Thank you. Thank you. Thank you. Thank you. Thank you. and the way that we proceed in these council meetings is we begin with a roll call, and the clerk, our deputy clerk, will call the roll. Madam Clerk, please call the roll. Mr. Maloney? Yes, ma'am. Ms. Massadi? Ms. Gutchfield? Mr. Stinnett? Yes, ma'am. Ms. Akers? Yes, ma'am. Ms. Bledsoe? Yes, ma'am. Mr. Fred Brown? I'm here. Mr. James Brown? Here. Ms. Evans? Here. Mr. Farmer? He's here. Thank you. Mr. Gibbs? Ms. Henson? Here. Mr. Kay? Here. Ms. Lamb? Here. Mr. Lane? Here. Thank you. Thank you, Madam Clerk. That allows us next on our agenda is the invocation, and tonight's invocation will be given by Greg Horn, who is a pastor at Little Texas Community Church, who is also with Lighthouse Ministries, and former executive pastor at Northeast Christian. Greg, thank you so much for joining us tonight. Thank you, sir. The podium right there is yours. Let us pray. Father, thank you for just a moment to be still and know that you are God. Father, I thank you for the privilege and honor it is tonight to pray for the men and women that serve on this committee. And God, just for the sacrifices that they make, Lord, to help be servant leaders in our community. Father, I pray that you would bless them and that you would give them wisdom, Lord, with all the decisions that they have to make. I pray for unity. I pray for peace. And God, I thank you for the privilege that we have in this country to worship you freely. And God, I just pray that each person in this room, God, that they would look to you and do the best they can with the abilities that you've given them. Thank you for choosing each person, Lord, to be on this committee and the individual gifts that they bring collectively as a group, that they can do great things to further our community and our state and our country. So, God, I just pray that you would pour your blessing out on tonight's meeting and that everything that happens, every conversation, every vote would glorify you. It's in Jesus' name I pray. Amen. Thank you, Pastor Horn. I'll call on Council Member Gibbs before we have the second reading of ordinances. Council Member Gibbs. I move to allow public comment on agenda items, in particular comment on the downtown management district prior to the second reading of ordinances. So moved. Second. I would like to, I move to allow public comment. on agenda items before the before second reading of ordinances in particular the downtown management district all right there's a motion there's a second to allow public comment for issues on the agenda related to number what is that number nine number nine all right we have a motion by councilman Gibbs second by councilmember Bledsoe is there any discussion on the motion any further discussion. All right, if not, hearing none, then we can take a vote. Sir? Oh, I thought you had already spoken. I'm sorry. Council Member Brown, go ahead. Go ahead. Just a question here. I don't remember this being any type of procedure, policy, process. Have we done this before, or is it common? For issues on the agenda, yes, sir. When people are here, that allows them to move on. They don't necessarily have to stay. It's what the protocol has been before. Okay. Okay, thank you. All right, sir. Thank you, Council Member Brown. All right, if there's no further discussion, we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. All right. I was just given a sign-up sheet. So just for those who I'm calling, this would be four issues on the agenda, if you wish to speak at this point in time for issues on the agenda. And first is Joe Terry. And you all who have been here before know the council rule. It's a three-minute limit unless you've been given time by someone else. Mr. Terry. Thank you, Mr. Mayor. Yes, sir. Mr. Vice Mayor, Councilman. I understand tonight that there may be a motion to table the downtown Lexington Management District Ordinance, and I want to submit that such an effort is an effort to delay and kill the ordinance as proposed to you. We've been here numerous times and discussed with council the creation of a management district and the reasons why we should have a management district. We have overwhelming support for the creation of the district as proposed in the ordinance. We have done what Council asked us to do some year and a half ago, to come back when we had 51% of the tax-paying property owners, and we also have 62% of the assessed values supporting the creation of the district. These people support an assessment, a special assessment, not a tax. Any funding from tax revenues will not assure consistent funding year after year that the management district will assure. However, we are asking you to vote against any motion to table and to have a yes or no vote on the ordinance tonight. Thank you for your consideration. All right. Thank you, Mr. Terry. Drew Fleming is next. Drew, are you here to speak to the number nine? All right. Good evening, Mr. Mayor, Mr. Vice Mayor, Council Members. Thank you for having me here today. I just want to echo Mr. Terry's sentiments and just restate that we have 51% of property owners, a majority of property owners that are for this district. They represent 62% of assessed property value, which is roughly $225 million. dollars. We cannot rely on the city each year to support the improvements alone. It's unlikely council would channel the additional funds to downtown year after year because residents in other districts would complain that needs in their district were being ignored for the benefits of downtown. While the city has a surplus this year, that is not always the case and usually the far opposite. Having a reliable and provable income year after year is an important success factor for the district. This is the advantage of an annual assessment. Annual assessments provide long-range, stable, secure funding. Any effort to table this is you not listening to a majority of the property owners. We've had several public forums. We've heard from countless property owners, tenants both in both residential and commercial including including many community leaders the University of Kentucky Transylvania University is for this as well as Commerce Lexington and the reason they're for this is because it has a proven track record so I would urge this council to pass to pass this this evening thank you very much all right thank you mr. Fleming is mr. engel here is kevin here to speak to the um i was going to defer my minutes to tony florence but i don't believe that we can speak it's not regards to our it's not regard to ordinance number nine okay all right and ashley also and billy burton is here for another issue okay and uh and tony florence okay so you're here for for public comment on at the end of the meeting then all right all right Thank you very much. That allows us to move to ordinances for a second reading. Madam Clerk, when you're ready, if you'll please give a second reading to ordinances. Ordinance number one, an ordinance changing the zone from a wholesale and warehouse business B4 zone to a highway service business B3 zone for 0.47 net, 0.69 gross acre, and from a two-family residential R2 zone to a highway service business B3 zone for 0.55 net, 0.62 gross acre, for property located at 836 and 840 Winchester Road, 912, 916, 920, and 922 Detroit Avenue, and a portion of 915, 917, 919, and 921 Dayton Avenue, including a dimensional variance, Jake Rorden and Mark A. Jeter, Council District 5. Number two, an ordinance amending Article 17 of the zoning ordinance to allow multi-tenant listings on freestanding signs in the planned shopping center B6P zone Ruggles sign. Council Member Lamb has a motion. I move to amend ordinance number three under ordinances second reading regarding the transfer of positions from the division of facilities and fleet management to the Department of Public Safety To change the effective date from July 1 2016 to July 1 2015 This is a scrivener's error and not a material change. This does not require a new first reading. I so move Motion by Councilmember Lamb and second by Councilmember Henson. Is there any discussion on the motion? All right hearing none then we can vote all in favor. Please say aye opposed no motion carries Thank You council member lamb madam clerk when you're ready to please continue Ordinance 3 is amended an ordinance pursuant to sections 3.02 24 and 6.12 of the Lexington Fayette urban County government charter amending the authorized strength by abolishing the following classified civil service positions, one position of administrative officer, grade 523E, one position of security supervisor, grade 514N, and 12 positions of security officer, grade 507N, in the Division of Facilities and Fleet Management, and creating the following classified civil service positions, one position of administrative officer, grade 523E, and one position of security supervisor, grade 514N, and 12 positions of security officer, grade 507N, in the Department of Public Safety, abolishing the following unclassified civil service position, one position of security officer part-time, grade 507N, in the Division of Facilities and Fleet Management, and creating the following unclassified civil service position of one position of security officer part-time, grade 507N, in the Department of Public Safety, and transferring the incumbents at their current job classification, pay grade, and salary from the Division of Facilities and Fleet Management to the Department of Public Safety, effective July 1, 2015. Number four. An ordinance pursuant to Section 612 of the Lexington Fayette Urban County Government Charter, renaming the Office of Chief Information Officer to the Department of Information Technology, effective upon passage of council. Number five, 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 56. Number six, an ordinance amending the authorized strength by abolishing one vacant classified civil service position of service writer, grade 510N, in the Division of Parks and Recreation and creating one vacant classified civil service position of service writer, grade 510N, in the Division of Facilities and Fleet Management, transferring the position and its funds and appropriating funds pursuant to Schedule number 58, effective upon passage of council. Number seven, an ordinance amending the authorized strength by changing the pay grade of one classified civil service position of safety coordinator from grade 514N to 516N and reallocating the incumbent in the Division of Streets and Roads and appropriating funds pursuant to Schedule number 59. Number eight, an ordinance amending certain of the budgets of the Lexington Fayette-Urbing County Government to provide funds for general fund reallocation projects as provided, excuse me, as approved at the April 28, 2015 work session and appropriating and reappropriating funds, Schedule number 62. all right i believe council member lane has a motion council member lane thank you mayor i would like to just say that i am not going to make the motion to table because upon discussing this with other members of the council i feel that there's not adequate support so i just want to go on the record thank you all right thank you council member lane madam clerk if you'll please continue when you're ready thank you and ordinance number nine and an ordinance creating and establishing pursuant to KRS 91750 at SEC, the downtown Lexington Management District, and providing for its boundaries. A 15-member board, the requirements and appointing process for board members and their term limits, the powers of the board, a fiscal year commencing on July 1st, the undertaking of economic improvements by the board, a budget and audit process, an affirmative action plan, public information, an assessment not to exceed $0.10 of $100 of the assessed property value for each assessed property within the district, a contesting and appeal process liens an annual report to property owners ethical requirements on board members Termination of the district in no later than five years board guidelines contracting requirements management marketing and administration Reporting requirements and advisory council to the board severability all effective upon date of passage with the management district Assessment of properties within the district to take place no earlier than allowable by law Thank you madam clerk is there a motion to approve second reading of ordinances motion by council member henson second by vice mayor kay is there any discussion on the motion council council member lamb i would like to make a motion that we separate out number nine from the vote please second all right this is motion by council member lamb to separate number nine and there is a second by council member farmer is there any discussion on the motion All right, hearing none, then we can vote on that motion. All in favor, please say aye. Aye. Opposed, no. Motion carries. So the clerk, Madam Clerk, you'll... Would you like me to do two separate votes? That would probably work. Okay. So if you'll call the roll on... Yes, sir. On one through eight and then number nine. For ordinances 1 through 8, Mr. Maloney? Yes, ma'am. Ms. Mossadi? Yes. Ms. Gutchfield? Yes. Mr. Stinnett? Yes. Ms. Akers? Yes. Ms. Bledsoe? Yes. Mr. Fred Brown? Yes. Mr. James Brown? Yes. Ms. Evans? Yes. Mr. Farmer? Yes, ma'am. Mr. Gibbs? Yes. Ms. Henson? Yes. Mr. Kay? Yes. Ms. Lambs? Excuse me. Yes. And Mr. Lane? Yes. Thank you. All right. Thank you, Madam Clerk. The vote reflects passage of the motion. And now you may please call the roll on number nine. Mr. Maloney? Yes. Ms. Mossadi? Yes. Ms. Gutchfield? Yes. Mr. Stennett? Yes, ma'am. Ms. Akers? Yes. Ms. Bledsoe? Mr. Brown? Excuse me, Mr. Fred Brown? Yes. Mr. James Brown? Yes. Ms. Evans? Yes. Mr. Farmer? Yes, ma'am. Mr. Gibbs? Yes. Ms. Henson? Yes. Mr. Kay? Yes. Ms. Lamb? Yes. And Mr. Lane? No. All right, thank you madam clerk vote reflects passage of the motion and allows us to move on to Ordinances for a first reading Ordinance number 10 an ordinance amending certain of the budgets of the Lexington fade urban county government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds. Schedule number 61. Number 11, an ordinance closing a portion of Ray Street determining that the property owner abutting the portion of the street to be closed has been identified provided with written notice of the proposed closing and consented thereto in writing and authorizing the mayor on behalf of the urban county government to execute a quick claim deed transferring the former portion of the right-of-way to the abutting owner subject to the reservation of easements and restrictions. Number 12, an ordinance pursuant to sections 3.0224 and 6.12 of the Lexington Fayette-Irban County Government Charter, amending the authorized strength by abolishing the following classified... Madam Clerk, just a second, please. I think we have a motion on number 12. Council Member Land. Thanks. I have a motion to amend ordinance number 12 under ordinance's first reading regarding the transfer of positions from the Division of Community Corrections to the Division of Computer Services to change the computer system's manager grade from grade 542E to grade 242E e524 e and to appropriate funds pursuant to schedule number 60 so move motion by council member lamb second by council member henson is there any discussion all right if not then we can vote all in favor please say aye opposed no motion carries and clerk please continue ordinance number 12 as amended at ordinance pursuant to sections 3.0 224 and 6.12 of the Lexington Fayette urban County Government Charter amending the authorized strength by abolishing the following classified civil service positions. One position of Computer Systems Manager, grade 524E, and two positions of Technical Specialist, grade 515N, in the Division of Community Corrections, in creating the following classified civil service positions. One position of Computer Systems Manager, grade 524E, and two positions of Technical Specialist, grade 515N, in the Division of Computer Services, in transferring the incumbents at their current job classification, pay grade, and salary from the Division of Community corrections to the division of computer services appropriating funds pursuant to schedule number 16. Number 13. An ordinance closing a portion of Richmond Avenue and all of White Avenue determining that the property owner abutting the portion of the street to be closed has been identified providing with provided with written notice of the proposed closing and consented thereto in writing and authorizing the mayor on behalf of the Irving County Government to execute a quick clean deed transferring the formal portion of the right-of-way to the abutting owner subject to the reservation of easements and restrictions. Number 14. An ordinance amending section one of ordinance number 166 2014 which amended and established the schedule of meetings for the lexington fan urban county council for the calendar year 2015 to change the dates of the council meetings scheduled for june 23 and june 25 to june 16 and june 18 with first reading of the fiscal year 2016 budget occurring at the council meeting on june 16 and second reading of the budget on june 18. and number 15 an ordinance amending section 1497 of the code of ordinances related to smoking indoors to create section 14979 defining madam clerk excuse me just a second uh councilman gibbs has a motion no motion i just had a question a question okay councilman shall i wait till last we're all done to ask a question about the about one during discussion if it's okay when we when i ask for discussion that'd work i'll wait that okay great sorry all right no that'll work thank you you defining retail e-cigarette stores amending section 1498 of the code of ordinances related to smoking endorsed to create it section 1498 1g to create an enforcement exemption for retail e-cigarette stores thank you thank you madam clerk and are there any motions for walk-ons or suspensions for second rates all right now council member Gibbs yes sir okay thank you mayor I need to learn the rules better um can I somebody from I have a question about number 15 I was wondering if somebody from the ball could help me out in this number I'll try I'll try to answer your question okay oh hi didn't see you there david uh i'm in keep that yeah i like this ordinance yeah in a sense but my my concern is if we add e-cigarette stores to the list of exemptions to the smoking ordinance does that mean somebody could smoke a cigarette in it the the i think this is being done to allow someone to smoke an e-cigarette in an e-cigarette yes i understand that and i support that would not allow someone to smoke a tobacco cigarette in an e-cigarette store where's where's that in the the ordinance um my concern is people smoking you know many people turn into e-cigarettes and get involved in drafting it but my understanding is that is the intent is not to it's not to open the door to allow some of the smoke a tobacco cigarette in this type of establishment oh and i certainly understand that but my concern is people going to the vape shops i guess as they call them are oftentimes trying to get off cigarette smoke avoid cigarette smoke and it seems to me by just adding e-cigarette shops to the list of exemptions allows people to smoke cigarettes in those places and i just i think i just that's my read of it it just seems i think we'll be able to clarify that for you before it gets the the next reading okay that would be great that's my only concern council member scotch field i will say that my intention was to suspend the rules tonight and ask for a second reading I mean, I guess technically I didn't write it. And I have been told by our legal counsel in this that it does apply only to vapor stores. I understand your concern. I mean, obviously, your concern, if we were to pass it, would basically say you could smoke in a vapor shop and you could smoke cigarettes under your interpretation. Is that correct? Okay. and i i've been told that what it is is supposed to be just for the vapor shops and cigarette shops because smoking i guess is defined in a different ordinance as far as this goes yeah that's all i can it just strikes me as untidy and that bothers me all right councilman massadi thank you mayor um i'm in agreement with you councilmember gibbs Is there anyone from the law department who wrote the ordinance or can give us a little bit more background on that? I see Commissioner Graham shaking her head as negative to that. I think I understand the intent, but I'm not 100% comfortable. My understanding from Mike Sanner, who wrote the ordinance, is that in the definitional sections, I think this was addressed. but I don't have the ordinance in front of me to be able to point out those sections. And that is my understanding as well, that in the definitions, because, I mean, his assurance to me was that this only applied for vapor stores for vapor and for smoke for smoke. I will say I have several of the representatives from vapor stores all over town that are here to speak on the issue. We can do that once I request second reading. what I have been told by legal counsel with government is that it is supposed to only apply to the vapor stores. I mean, that's what I can tell you right now. Okay. All right. Well, we would be able to address this in discussion if you're going to ask for a second read. Right, Council Member Scotchfield? I am. Okay. so we're reviewing the ordinance right now to see if we can find that section so all right so i'm going to ask for motions to suspend the rules council member scutchfield thank you mayor at this time i make a motion to suspend the rules and give second reading to ordinance number 15 motion by council member scutchfield second by council member acres is there any any discussion now on this motion for a second reading uh council member is it i'm not seeing the so why don't you just hold your hand up it's not electronically registering well now it is so vice mayor kay Yeah, I understand, and I'm fully in support of the intention of this ordinance, and I would support the second read tonight because I understand that people basically need relief from what's been happening, and I'd like to give it to them. But I would also like to be sure that law has given us an opinion. And so what I'm doing now is used to be called, if you were a band, vamping. I'm going to take a little bit of air time and see if they can give us an answer. If not, we may want to hold the vote. I don't know. I don't know what the procedure is really how to do this, but if they've got the ordinance in front of them, I presume they can find the specific language that will assure us that it does exactly what it intends to do. All right. But they are still, and I've got. Anybody else wish to speak during discussion? while Councilmember Scottsville, okay. And I will say that the intention is what I've stated. I think because of the particular situation we have going on right now with it not complying, the vapor shops not complying, I'll make assurances that if we find out that tobacco can smoke in vapor shops and vapor shops can smoke in tobacco, I will move swiftly to update. But that is not the intention as it's written. if I can give you that assurance to be able to handle that but I think because of the issues that are being occurring at this time I ask for you all to consider the second reading all right thank you councilmember Scotchfield councilmember Gibbs I'm comfortable with that I know I know what the intent is and I support the intent and if they find out there's a problem we can amend that later all right any further discussion do we have councilor Massadi Thank You mayor I just wonder if we have a response from the law department yet I'm confident that that's the way it was written the specific sections are detailed and referred to different parts and it's difficult for us to pick out the specific parts right here we're trying to do that but it's an it's a lengthy ordinance and it also refers to another one but the intent is i know the intent so that's the best i can do right now all right okay thank you commissioner uh councilmember acres thank you mayor um i just want to support councilmember sketchfield and also provide relief and i think that we all appreciate and understand the intent and that if we find out that it is there's a loophole somewhere we can always amend it at a future meeting and quickly so i think we should move forward thank you all right that's all council members have signed on to speak so we can take a vote now on the motion for a second reading all in favor of the motion please indicate by saying aye Aye. Aye. Opposed, no. No. All right. The motion does carry and allows the clerk to give us a second reading on... Well, I think they allowed us a number. Is that why? On number 15. Number 15. An ordinance amending Section 1497 of the Code of Ordinances related to smoking indoors to create Section 1497-9 defining retail e-cigarette stores. Amending Section 1498 of the Code of Ordinances related to smoking indoors to create Section 1498-1G to create an enforcement exemption for retail e-cigarette stores. All right. Thank you, Madam Clerk. Motion by Council Member Henson to approve. Is there a second? Second. Second by Vice Mayor Kaye. Is there any discussion on the motion? All right, Harry Nunden, clerk may call the roll. Thank you. Mr. Maloney? Yes, ma'am. Ms. Massadi? Yes. Ms. Gutchfield? Yes. Mr. Stinnett? Yes, ma'am. Ms. Akers? Yes. Ms. Baletso? Yes. Mr. Fred Brown? Yes. Mr. James Brown? Yes. Ms. Evans? Yes. Mr. Farmer? Yes, ma'am. Mr. Gibbs? Yes. Ms. Henson? Yes. Mr. Kay? Yes. Ms. Lamb? And Mr. Lane? Yes. Thank you. All right. Thank you, Madam Clerk. The vote reflects passage of the motion. It allows us to move on to resolutions for a second reading. Whenever you're ready. Smoking includes both. Resolution number one, a resolution accepting the bids of S&T Fencing Incorporated, Herb Getty's Fence Company, Inc., and Myers Fence, LLC, establishing price contracts for fencing for the Division of Parks and Recreation. Number two, a resolution accepting the bid of Randall Davies Construction Company, LLC, in the amount of $49,880 for asphalt repair for tennis and basketball courts, Waverly Park, and authorizing the mayor on behalf of the Irving County government to execute any necessary agreement related to the bid. Number three, a resolution accepting the bid of Bluegrass Contract, Inc., in the amount of $864,959.22 for the Meadows-Northland-Arlington-Oakhill Drive 5D for the Division of Engineering and authorizing the mayor on behalf of the Irving Honey Government to execute an agreement with Bluegrass Contracting Corporation related to the bid. Number four, a resolution accepting the bid of Wayne Supply Company establishing a price contract for emergency generators and accessories for the Division of Water Quality. Number five, a resolution accepting the bid of J. Eddinger & Son Incorporated establishing a price contract for snow plows for the Division of Facilities and Fleet Management. Number six, a resolution accepting the bid of CNR Asphalt LLC in the amount of $22,200 for asphalt repair for basketball courts, Lou Johnson Park for the Division of Parks and Recreation and authorizing the mayor on behalf of the urban county government to execute any necessary agreement related to the bid. Number seven, a resolution accepting the bid of Tennis Technology Incorporated in the amount of $55,554 for asphalt repair for tennis courts, Meadowthorpe, and Chillitoe Parks for the Division of Parks and Recreation and authorizing the mayor on behalf of the urban county government to execute any necessary agreement related to the bid. Number eight, a resolution accepting the bid of Roberts Heavy Duty Towing Incorporated establishing a price contract for towing services for the divisions of police and code enforcement, the Department of General Services, and the Lexington and Fayette County Parking Authority. Number 9. Grade 514 N, 17.800 hourly in the Division of Facilities and Fleet Management, effective May 4, 2015. And Thomas Allen II, Public Service Worker Senior, grade 507, excuse me, 509 N, 13.218 hourly in the Division of Parks and Recreation, effective May 4, 2015. And ratifying the permanent civil service appointments of Donnie Salmons, telecommunicator, grade 513 N, 21.164 hourly in the Division of Police, effective April 6, 2015. and Ban Hassan, clerical assistant, grade 505N, 13.516 hourly in the Division of Family Services, effective March 22, 2015. Number 10, a resolution authorizing the Division of Water Quality to purchase stationary hazardous gas monitoring equipment for the West Hickman Wastewater Treatment Plant from Sierra Monitor Corporation, a sole source provider, and authorizing the mayor on behalf of the urban county government to execute any necessary agreement with Sierra Monitor Corporation related to the procurement at a cost not to exceed $59,291.98. Number 11, a resolution accepting the response of Cornerstone Environmental Group, LLC, to RFP No. 1, 2015, design of landfill cap for Haley Pike Landfill, and authorizing the mayor on behalf of the Urban County Government to execute an agreement with Cornerstone Environmental Group, LLC, to provide services related to the RFP at a cost estimated not to exceed $43,630. Number 12, a resolution authorizing the mayor on behalf of the Urban County Government to accept a donation from the Meadows Loudon Neighborhood Association, $2,317.90, for the purchase of one park bench and bur oak trees to be placed in Castlewood Park at no cost to the urban county government. Number 13, a resolution authorizing the mayor on behalf of the urban county government to execute change order number one to the contract with Acela Incorporated for the Acela Civic Platform Project, increasing the contract price by the sum of $134,752 from $1,198,788.20 to $1,333,540.20. sense. Number 14, a resolution authorizing and directing the mayor on behalf of the urban county government to execute and submit a grant application to the U.S. Department of Labor and to provide any additional information requested in connection with this grant application, which grant funds are in the amount of $1,050,000 federal funds and are for the development and implementation of an employment training program for court-involved youth. Number 15, a resolution authorizing and directing the mayor on behalf of the urban county government to execute contract amendments with Healy Green Homeowners Association, Grads Park Neighborhood Association, Northside Neighborhood Association and Ashland Neighborhood Association for extension of the completion date of the Neighborhood Action Match Project to December 31, 2015, and to change the scope of the work for the Haley Green Homeowners Association contract to include the installation of monkey grass and plants along the drainage ditch basin area at no cost to the urban county government. Number 16, a resolution authorizing the mayor on behalf of the urban county government to execute change order number one to the contract with IBM Business Continuity and Recovery Services for the Disaster Recovery Equipment Project, increasing the contract price with a sum of $51,660 from $84,360 to $136,020. Number 17, a resolution supporting and encouraging the establishment of the Forest Health Research and Education Center at the University of Kentucky for the expansion of critical research and educational programming and to address increased threats from invasive pests and pathogens on trees and forests throughout the region. Number 18, a resolution authorizing and directing the mayor on behalf of the urban county government to execute a certificate of consideration and any other necessary documents and to accept a deed of property located at 1604 Fort Sumter Drive for the Fort Sumter Drive stormwater improvements project at a cost not to exceed $180,000. Number 19, a resolution authorizing the mayor on behalf of the urban county government and pursuant to resolution number 181-74 in ordinance 475 to execute a memorandum of understanding with the American Federation of State, County, and Municipal Employees AFSCME Local 4468 to non-wage related benefits and working conditions for certain employees in the Division of Waste Management. Number 20, a resolution authorizing and directing the mayor on behalf of the urban county government to execute certificates of consideration and other necessary documents and to accept deeds for property interests needed for the Meadow Lane at New Circle Road Modified Access Project at a cost not to exceed $5,000. Number 21, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a certificate of consideration and any other necessary documents, and to accept a deed for property located at the intersection of Liberty Road at Winchester Road for additional funding for the Liberty Road at Winchester Road Improvement Project at a cost not to exceed $30,000. Number 22, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute the purchase of service agreement of Lighthouse Ministries for the completion of a full-service dining facility for the provision of meals for low-income and homeless individuals at a cost not to exceed $67,657. Number 23, a resolution authorizing the mayor on behalf of the urban county government to execute change order number one to the contract with Rydell Construction Incorporated for the Corner Community Action Center renovation project, decreasing the contract price by the sum of $247.62 from $597,720 to $597,472.38. sense. Number 24, a resolution accepting the response of City Visions Associates, LLC, and AU Associates, Incorporated to RFP number 9, excuse me, 9-2015, development agent services for the old Fayette County Courthouse, and authorizing the mayor on behalf of the Irving County Government to execute a professional services agreement with City Visions Associates, LLC, and AU Associates, Incorporated to provide services related to the RFP at a cost not to exceed $500,000 for Phase 1A, with any additional services and phases provided under the agreement contingent upon sufficient funds being appropriated in future fiscal years for a total cost not to exceed $1,275,000 for the entire project. Number 25, a resolution authorizing the mayor on behalf of the urban county government to execute a consultant services agreement with Element Design PLLC for the Idle Hour Park improvements project at a cost not to exceed $33,000. Number 26, a resolution authorizing the mayor on behalf of the urban county government to execute change order number one to the contract with GRW Engineers Incorporated for the West Hickman Wastewater Treatment Plant Administration Building Expansion Improvements Project. decreasing the contract price by the sum of $54,690 from $95,870 to $41,180. Number 27, a resolution authorizing the mayor on behalf of the Irving County Government to execute a rental agreement with Fayette County Board of Education for a fire recruit testing site at a cost not to exceed $1,200. Number 28, a resolution authorizing and directing the mayor on behalf of the Irving County Government to execute a contract with Prudential Insurance Company of America for group life insurance for all LFUCG employees effective January 1, 2015 at a cost not to exceed $775,000. And number 29, a resolution authorizing the mayor on behalf of the Irving County Government to execute agreements with Rabbit Run Homeowners Association, $1,000, Palomar Hills Community Association, $600, the Village of Rabbit Run Condo Association, $500, Aylesford Place Neighborhood Association, $500, Mentel Neighborhood Association, $1,000, Growing Together Preschool, $1,050, Mary Todd Lincoln House, $550, Captain Underwood Young Marines, $800, LexArt on behalf of Art Connects, $1,000, historic Woodward Heights Neighborhood Association, $500, Bell Court Neighborhood Association, $900, and East End Community Development Corporation, $500, for the office of the Urban County Council at a cost not to exceed the sum stated. Thank you, Madam Clerk. And Council Member Henson has a motion to approve. Is there a second? Second. Second by Council Member Farmer. Is there any discussion on the motion? All right. If not, then we can take a vote with a roll call. When you're ready, Madam Clerk, please call the roll. Mr. Maloney? Ms. Massadi? Yes. Ms. Gutchfield? Yes. Mr. Stinnett? Yes, ma'am. Ms. Akers? Yes. Ms. Bledsoe? Yes. Mr. Fred Brown? Yes. Mr. James Brown? Yes. Ms. Evans? Yes. Mr. Farmer? Yes, ma'am. Mr. Gibbs? I recuse myself on 34. Yes, on everything else. Ms. Henson? Yes. Mr. K? Okay, okay. She knew what you meant. We didn't get that yet. I was only four off. Mr. K? Yes. Ms. Lamb? Yes, ma'am. And Mr. Lane? Yes. Thank you. All right. Thanks, Madam Clerk. That vote reflects passage in motion and allows us to have a first reading on resolution. resolution number 30 a resolution accepting the bid of shi international incorporated establishing a price contract for panasonic tough books and docking stations for the division of fire and emergency services number 31 a resolution accepting the bid of kenny incorporated in the amount of 142 thousand six hundred dollars for the heartland pump station improvements for the division of water quality and authorizing the mayor on behalf of the urban county government to execute an agreement with Kenny Incorporated related to the bid. Number 32, a resolution ratifying the probationary civil service appointments of Paul Willard, engineering technician principal, grade 518E, 200335.76 biweekly in the Division of Engineering, effective May 11, 2015. Barry Prater, plant manager, grade 524E, 200363.28 biweekly in the Division of Waste Management, effective May 4, 2015. Alicia Smith, human resources analyst, grade 520E, 1808.55 biweekly in the Division of Human Resources, effective June 1, 2015, and Stephanie Jackson. Administrative Specialist Principal, Grade 518E, 1,897.36, biweekly in the Division of Facilities and Fleet Management, effective May 18, 2015. Ratifying the permanent civil service appointment of Tricia Platt, early child care teacher, Grade 512E, 1,525.68, biweekly, in the Division of Family Services, effective April 20, 2015. And ratifying the council leave of Nicole Wright, telecommunicator, Grade 513N in the Division of Emergency Management 9-1-1, beginning May 19, 2015, through July 17, 2015. Number 33. A resolution authorizing the Division of Human Resources to make conditional offers to the following probationary civil service appointments. Vincent Hickey, Building Inspector, Grade 517N, 21.807 hourly in the Division of Building Inspection, and Shandra Lott, Administrative Specialist Senior, Grade 516N, 20.769 hourly in the Division of Revenue, both effective May 18, 2015. Travis Workman, Heavy Equipment Technician, Grade 516N, 20.009 hourly in the Division of Facilities and Fleet Management, effective upon passage of counsel, and Luke Canfield, Life Skills Program Specialist, Grade 515E, 1,489.08 biweekly in the Division of Community Corrections, effective June 1, 2015 and authorizing the Division of Human Resources to make a conditional offer to the following unclassified civil service appointments. Glendrick Gardner, 12.269 hourly in Leicester Peoples, 12.282 hourly, both Public Service Worker, Grade 507N, and the Division of Waste Management, effective upon passage of counsel. Number 34, a resolution authorizing the mayor on behalf of the Irving County Government to execute agreements awarding neighborhood community and sustainability grants to Bluegrass Community and Technical College, $2,792, Greendale Homeowners Association, $5,000, Heritage Place Condominium Association, $5,000, Lexington Community Radio, $5,000, Lexington Fashion Collaborative, $2,100, Lexington Habitat for Humanity, $1,635 Living Arts and Science Center, $5,000 Mary E. Wharton Nature Sanctuary, $5,000 Mary Todd Elementary School, $1,500 North Lexington YMCA, $2,500 Paul Lawrence Dunbar High School, $489 Seedleaf, $4,570 St. Peter Catholic Church, $4,902 at a cost not to exceed the sum stated Number 35 A resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a notice to be recorded in the Fayette County Clerk's Office related to the closing of the Raven Run Landfill, formerly Jack's Creek Pike Landfill, stating that the property located at 3785 Raven Run Way has been utilized as a landfill and may not be disturbed without the permission of the Kentucky Division of Waste Management. Number 36, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an amendment to the agreement with Hazen and Sawyer PSC for program management relating to the implementation of the remedial measures plans, extending the contract term for a period of one year. Number 37, a resolution authorizing the mayor on behalf of the Irving County Government to execute facility usage agreements and concession contracts with various youth baseball leagues for youth baseball and concession sales. Number 38, a resolution authorizing the mayor on behalf of the Irving County Government to execute changeover number four to the contract with EOP Architects PSC for the replacement senior citizen center design project, increasing the contract price by the sum of $4,600 from $785,355 to $789. $1955. Number 39, a resolution authorizing the mayor on behalf of the Urban County Government to execute a memorandum of understanding with U.S. Marshals Service Violent Offender Task Force for joint law enforcement operations. Number 40, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute and submit a grant application to the Kentucky Energy and Environment Cabinet under the Kentucky Household Hazardous Waste Management Grant Program and to provide any additional information requested in connection with this grant application, which grant funds are in the amount of $110,000 Commonwealth of Kentucky funds and are for the Fayette County Household Hazardous Waste Recycling Event. Number 41. A resolution authorizing and directing the mayor on behalf of the urban county government to accept a grant from the Kentucky Transportation Cabinet, which grants funds are in the amount of $43,000 federal funds, or for the design of the town branch trail crossing under the Congestion Mitigation and Air Quality Program, the acceptance of which obligates the urban county government for the expenditure of $10,750 as a local match. Number 42, a resolution authorizing the mayor on behalf of the urban county government to execute supplemental agreement number three with the Kentucky Transportation Cabinet for the acceptance of additional federal funds in the amount of $25,000 for the Polo Club Boulevard design phase, the acceptance of which obligates the urban county government for the expenditure of $6,250 as a local match. Number 43, a resolution authorizing the mayor on behalf of the urban county government to execute change order number one to the contract with Bluegrass Contracting Corporation for the Roadway Rehabilitation Project at the intersection of Manowar Boulevard and Harrodsburg Road, increasing the contract price by the sum of $7,621.20 from $177,899.65 to $185,520.85. Number 44, a resolution establishing a sole source price contract with Advanced Ecosystems Incorporated as a sole source distributor and Zumro Incorporated as a sole source manufacturer for the purchase of decontamination air shelters and related accessories for the Division of Emergency Management 911. Number 45, a resolution authorizing the mayor on behalf of the Irving County government to execute agreements with Big Brothers Big Sisters of the Bluegrass Incorporated, $1,000, Bryan Station High School Alumni Association Incorporated, $250, Squires Elementary School PTA, $720, Fayette County Fatherhood Initiative, $950, and Omega Harvest, $770 for the office of the Irving County Council at a cost not to exceed the sum stated. And number 46, a resolution authorizing the issuance of up to $4,500,000 of Educational Building Revenue Refunding Bonds, Series 2015, Sayre College Project, issued by the county of Clark, Kentucky, the proceeds of which shall be loaned to Sayre College, a.k.a. Sayre School, a nonprofit corporation to finance the cost of refunding the Lexington Fayette Urban County Government Educational Building Revenue Refunding and Improvement Bonds, Series 2010, Sayre College Project, prior bonds, which prior bonds are used to refund earlier obligations, which proceeds were used to construct, install, and renovate and equip certain capital improvements to the facilities of Sayer College, a.k.a. Sayer School, located at 240 North Limestone, Lexington, Kentucky, and renovating certain facilities owned by Sayer College, a.k.a. Sayer School, located at 129 and 133 Constitution Street, Lexington, Kentucky, for use as offices for academic services. Thank you, Madam Clerk. Before we move on to walk-ons and requests for second readings, we are required to have a public hearing on the educational building refunding bonds of Sayre School. This is what Council Member Stenet, when he made the motion earlier this week, he explained it. This is the bond issue by Clark County, but the project is in Fayette County, and we are required to issue a resolution of support. So procedurally, I will declare the public hearing open and ask that if anyone would like to give public comment. All right. Then if we don't have anyone here for public comment, I will declare that the public hearing is closed. And now back to the agenda and ask for motions for walk-ons. Any walk-on motions? All right. Then suspensions. Council Member Bledsoe. Thank you, Mayor. I have a request to suspend the rules on item number 33 and give a second reading to it in order to give conditional offers for filling vacancies. So moved. All right. Motion by Council Member Bledsoe, second by Council Member Hansen. Is there any discussion on the motion? All right. Hearing none, then we can vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. That was number 33. councilmember acres thank you mayor i made to suspend the rules and give second reading to numbers 34 these are resolutions i guess number 37 41 and 45 so moved all right motion by councilmember acres second by councilmember bledsoe i'm sorry Councilman Scutchfield. I was looking at Councilmember Plass. Now, those were, can you give those numbers again? We probably ought to vote on them one at a time. All right, 34. All right, number 34. All in favor, is there any discussion on the motion for number 34? All right, then we can vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Number 37. Any discussion on number 37? All right, all in favor, please indicate by saying aye. Aye. Opposed, no. Motion carries. 41. Any discussion on 41? All in favor of the motion, please indicate by saying aye. Aye. Opposed, no. Motion carries. And? 45. For 45, any discussion? All right. All in favor, please say aye. Aye. Opposed, no. Motion carries. Thank you, Mayor. Thank you. Council Member Akers. Council Member Stenet. Thank you, Mayor. I move to suspend the rules and give second round number 46. This is the bond that we just discussed with the hearing. This is time sensitive that they need to be issued this month. Thank you, Mayor. Thank you. Motion by Council Member Stenson, second by Council Member Henson. 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. Council Member Farmer. Thank you, Mayor. Mine is a motion brought on behalf of the administration, but I concur. This is to on number 38 to make a slight change in the overall contract for the replacement senior citizen center. And I asked for a second reading, so moved. Motion by Councilman Farmer, second by Councilman Massadi. Is there any discussion on the motion? All right. If not, then we can vote. All in favor, please say aye. Aye. Opposed, no. And the motion carries. Thank you. Thank you, sir. is that all the motions for second reads sure all right then madam clerk whenever you're ready if you'll please give us a second reads Thank you. Senior, Grade 516N, 20.769 hourly in the Division of Revenue, both effective May 18, 2015. Travis Workman, Heavy Equipment Technician, Grade 516N, 20.009 hourly in the Division of Facilities and Fleet Management, effective upon passage of counsel. And Luke Canfield, Life Skills Program Specialist, Grade 515E, 1,489.08 biweekly in the Division of Community Corrections, effective June 1, 2015, and authorizing the Division of Human Resources to make a conditional offer to the following unclassified civil service appointments. Glendrick Gardner, 12.269 hourly, and Lester Peoples, 12.282 hourly, both public service worker, grade 507 N, and the Division of Waste Management, effective upon passage of counsel. Number 34. A resolution authorizing the mayor on behalf of the urban county government to execute agreements awarding neighborhood community and sustainability grants to Bluegrass Community and Technical College, $2,792, Greendale Homeowners Association, $5,000, Heritage Place Condominium Association, $5,000, Lexington Community Radio, $5,000 Lexington Fashion Collaborative, $2,100 Lexington Habitat for Humanity, $1,635 Living Arts and Science Center, $5,000 Mary E. Wharton Nature Sanctuary, $5,000 Mary Todd Elementary School, $1,500 North Lexington YMCA, $2,500 Paul Lawrence Dunbar High School, $489 Seedley, $4,570 St. Peter Catholic Church, $4,902 at a cost not to exceed the sum stated Number 37, a resolution authorizing the mayor on behalf of the Urban County Government to execute facility usage agreements and concession contracts with various youth baseball leagues for youth baseball and concession sales. Number 38, a resolution authorizing the mayor on behalf of the Urban County Government to execute change order number four to the contract with EOP Architects PSC for the replacement Senior Citizen Center design project, increasing the contract price by the sum of $4,600 from $785,355 to $789,955. Number 41, a resolution authorizing and directing the mayor on behalf of the urban county government to accept a grant from the Kentucky Transportation Cabinet, which grant funds are in the amount of $43,000 federal funds or for the design of the Town Branch Trail Crossing under the Congestion Mitigation and Air Quality Program, the acceptance of which obligates the urban county government for the expenditure of $10,750 as a local match. Number 45, a resolution authorizing the mayor on behalf of the urban county government to execute agreements with Big Brothers Big Sisters of the Bluegrass Incorporated, $1,000. Bryant Station High School Alumni Association Incorporated, $250. Squires Elementary School PTA, $720. Fayette County Fatherhood Initiative, $950. and Omega Harvest $770 for the Office of the Urban County Council at a cost not to exceed the sum stated. And number 46, a resolution authorizing the issuance of up to $4,500,000 of Educational Building Revenue Refunding Bonds Series 2015, Sayer College Project, issued by the county of Clark County, Kentucky, excuse me, Clark, Kentucky, the proceeds of which shall be loaned to Sayer College, a.k.a. Sayer School, a nonprofit corporation, to finance the cost of refunding the Lexington Fayette Urban County Government Educational Building Revenue Refunding and Improvements Bonds, series 2010 Sarah College project prior bonds which prior bonds were used to refund earlier obligations which proceeds were used to construct install renovate and equip certain capital improvements to the facilities of Sarah College aka Sayer School located at 240 North Limestone Lexington Kentucky and renovating certain facilities owned by Sarah College aka Sayer School located at 129 and 133 Constitution Street Lexington Kentucky for use as offices for academic services thank you Matt thank you madam clerk is there a motion to approve secondaries councilman got a motion back councilmember farmer and a second by councilmember Scotchfield is there any discussion on the motion all right then madam clerk whenever you're ready please call the roll mr. Maloney miss Massadi yes miss scotchfield mr. stinnett miss acres yes it's blood so Yes. Mr. Fred Brown? Yes. Mr. James Brown? Yes. Ms. Evans? Yes. Mr. Farmer? Yes, ma'am. Mr. Gibbs? I think I got it right. Yes, but I recused myself on 34. Thank you. Thank you. Ms. Henson? Yes. Mr. Kay? Yes. Ms. Lamb? Yes. And Mr. Lane? Yes. Thank you. Thank you, Madam Clerk. The vote reflects passage of the motion. allows us to move on to Roman numeral seven, communications from the mayor for information only, and that allows us then to move to announcements. Floor is available to the council for announcements. Councilmember Lamb. Thank you, Mayor. I actually thought that there was going to be more discussion earlier with the downtown Lexington Management District, so I just wanted to speak to my colleagues tonight. I had the intention originally to bring forward a motion for a resolution, but I've changed the approach to the runway, I should say. I would like to explain that I have an intention of bringing an ordinance forward on Tuesday to amend Chapter 25, the Ethics Act, to include the Downtown Lexington Management District Board as a board who would also fall under the provisions of the Ethics Act. I did speak with Mr. Terry tonight, and he has no problem. I explained that it's the same provision as where the Planning Commission, Board of Adjustment, all of us, we all have to fall under that same structure. And I just wanted to let my colleagues know that I do plan to bring forward that ordinance on Tuesday at work session, and I hope I can have your support. Thank you. All right. Thank you, Councilmember Lamb. Vice Mayor Kay. Thank you, Mayor. We're required to have a public hearing about the budget, and that needs to be scheduled, so I move that a public hearing be held Tuesday, May 26, 2015, at 3 p.m. in the Council Chambers for the purpose of allowing citizen comment on the Mayor's proposed budget and municipal aid program allocations for fiscal year 2016. So move. motion by vice mayor Kay second by councilmember Lane is there any discussion on the motion all right hearing none then we can vote all in favor please say aye opposed no motion carries that second was by council member Lane rather than lamb all right council member Masati Thank You mayor council members I don't know we've had the opportunity to look in your boxes or on your emails, but I've invited you all to join me tonight to go see or view Luna Fest, which is at the Kentucky Theater in Mayer. You're welcome as well. It provides support for Bluegrass 17, which is domestic violence, and these are films that are made by women and put on for women, and it's a fun evening. Popcorn's good. I think they have alcohol as well. So if you'd like to join me, as I said, it's on me, and I'd welcome your company. Thank you. Thank you, Council Member Massadi. Council Member Bledsoe. Thank you, Mayor. I just wanted to remind my colleagues and everyone listening that the Southland Street Fair is this Saturday. From 3 to 8, we're going to have over 70 vendors. It's going to be an awesome event. We're going to celebrate the bike lines being formally opened. It's going to be a wonderful, wonderful event. I hope you'll join us. I want to formally thank my predecessor, Harry Clark, who this was his kind of vision, and he won't be able to join us. And I just want to say thank you to him for leading and still serving on the committee. And my aide, Jamie Giles, has done a phenomenal job leading this effort. And I'm so proud of her and so thankful for her. So I hope you all will join me. We're going to do the ribbon cutting, I think, at 345, last I've been told. So I look forward to seeing you all there. Thanks. Thank you, Council Member Bledsoe. Council Member Farmer. Thank you, Mayor. I wanted to ask the council for a little leeway, if you all would. And during the first part of our meeting, I missed an opportunity that I was asked to take up. On page four of our agenda at the bottom, ordinance under first reading, number 13, which is to close a portion of Richmond Avenue and all of White Avenue. And all of our divisions and departments have signed off on this. And if we were to go ahead and give it a second reading, it would allow the owners to go ahead and begin to replat it and redevelop it. And with that in mind, I was going to ask, I was going to make a motion at this time to give number 13 a second reading and a proper roll call vote for its passage. So moved. Motion by Council Member Farmer, second by Council Member Gibbs. Is there any discussion on the motion? All right. Hearing none, then we can take a vote on the motion for a second read, right? All in favor, please say aye. Aye. Opposed, no. Motion carries. Madam Clerk, if you'll please give it a second read. Ordinance number 13, an ordinance closing a portion of Richmond Avenue and all of White Avenue determining that the property owner abutting the portion of the street to be closed has been identified, provided with written notice of the proposed closing, and consented thereto in writing, and authorizing the mayor on behalf of the urban county government to execute a quick-clean deed transferring the former portion of the right-of-way to the abutting owner subject to the reservation of easements and restrictions. Thank you, Madam Clerk. Is there a motion to approve? Move, approve. Motion by Council Member Henson, second by Vice Mayor Kay. Thank you, Council Member. Okay, we got one. That's okay. Thank you, Council Member Lamb. Is there any discussion? All right. If not, then we can, Madam Clerk, if you'll call the roll. Mr. Maloney? Yes, ma'am. Ms. Massadi? Yes. Ms. Scutchfield? Yes. Mr. Stinnett? Yes, ma'am. Ms. Akers? Yes. Ms. Bledsoe? Yes. Mr. Fred Brown? Yes. Mr. James Brown? Yes. Ms. Evans? Yes. Mr. Farmer? Mr. Gibbs? Yes. Ms. Henson? Yes. Mr. Kay? Yes. Ms. Lamb? Yes, ma'am. Mr. Lane? Yes. Thank you. Thank you very much. Thank you, Madam Clerk. Thank you, Council Member Farmer. Council Member Farmer? Yes, sir. Just one more thing, Mayor. And I have placed this over there on the overhead. I have been a big proponent of the trolley system. The trolleys make a big difference. So two years ago, myself or my wife and I and two other couples had gone out to go to dinner and to use the trolley to go to dinner. We had a great time. When we came out to get on the trolley after dinner, we got on a trolley full of pirates, is what I would say. They were pirates. And so it's an annual event. And while I'm not in any way affiliated with this group, well, at least I know when they do their thing, anyway. So this Saturday night is the so-called Drunk and Sailor Beer and Booty Trolley Tour 2015. And it starts at 5 o'clock at Beer Works and ends up much later on at Henry Clay Public House. But at any point along the way, you can catch a trolley and, I'm sure, find out where the grog is being assembled or whatever. But I would just say it's one of those grassroots things, kind of an organic thing that happened. It certainly shows what people can do if you give them the opportunity to enjoy their downtown. If you all are out, you would probably recognize me if I'm there. Thank you very much. Thank you, Mayor. Thank you. Thank you, Council Member Farmer. All right. I believe that's all who signed on for announcements. That allows us to move to public comments. And Bernard McCarthy has signed on for public comments. For the record, my name is Bernard McCarthy. My address is 515 Harry Street. I want to say first of all that filling the Center Point hole back in would be a serious mistake and an incredible waste, regardless of what any contract says or what any lawyer advises you. And second, I wish to say that I think you've also made a mistake by passing ordinance number 13, and you would be making another mistake by passing number 11 whenever it comes up for second reading, you should not be closing streets and giving away the right-of-way. You should be buying more right-of-way and lengthening streets to connect them. We need more connectivity in our street network, not less. And we also, while we need bike lanes and sidewalks on as many streets as possible, we still need to have enough lanes for cars and trucks for days when the weather is crummy. I mean, on a day like today, yes, people will pedal or walk. But on a day like February 16th was, that was blizzard number one, hey, no way would I get out on something with only two wheels because on that kind of a slippery mess, I want as many points in contact with pavement or something solid as possible. And really, we need a street network that can accommodate people switching modes with changes in the weather. Because weather is the one most unpredictable variable that inevitably does change. All right. Thank you, Mr. McCarthy. I believe that's all that's come before the Council. No one else wishes to speak in public comment, so I'll accept a motion to adjourn. Second. Motion by Council Member Stenet, second by Council Member Scotchfield. Unless there's objection, we are adjourned.