# Urban County Council Meeting - December 3, 2009 > Auto-transcribed civic record · Council · December 3, 2009 - **Permalink**: https://meetings.lexingtonky.news/meeting/1142 - **Source video**: https://lfucg.granicus.com/player/clip/1142?view_id=14&redirect=true - **Date**: 2009-12-03 - **Body**: Council - **Last revised**: June 18, 2026 - **Length**: 13,170 words > ⚠️ **Auto-generated content.** Audio from the official Granicus video was auto-transcribed by OpenAI Whisper-1. Structured facts were extracted with GPT-4o; the narrative summary was written by Anthropic Claude Sonnet. Speaker labels and verbatim wording may contain errors. See [methodology](https://meetings.lexingtonky.news/about/methodology) or [report a correction](mailto:editor@lexingtonky.news). --- ## Meeting Overview The Lexington-Fayette Urban County Government Council convened on December 3, 2009, at 7:00 P.M. in Lexington, Kentucky, with Mayor Newberry presiding. The meeting addressed 4 agenda items, all of which were approved by the Council. Items considered included a Full Urban Services District Expansion, the issuance of Refunding Revenue Bonds for the Roman Catholic Diocese, the Showprop Lexington Development Area, and a measure concerning the Electronic Monitoring of Inmates. Over the course of the meeting, the Council held 3 votes and heard 3 public comments. ## Attendance The following members were present at the December 3, 2009 Council meeting: - Mayor Newberry - Myers - Stinnett - Beard - Blues - Crosbie - Ellinger - Gorton - Gray - Henson - James - Lane - Lawless - Martin - McChord **Absent:** Feigel No members were recorded as late. ## Votes and Decisions Three roll call votes were taken during the December 3, 2009 Council meeting. - **Ordinance 237-2009** — Refunding of revenue bonds for the Roman Catholic Diocese of Lexington Project [timestamp: 0:16:08]. Motioned by Ellinger and seconded by Myers, the ordinance passed unanimously, 14–0. All 14 members voted in favor: Myers, Stinnett, Beard, Blues, Crosbie, Ellinger, Gorton, Gray, Henson, James, Lane, Lawless, Martin, and McChord. - **Ordinance 248-2009** — Establishing the Showprop Lexington Development Area [timestamp: 0:32:22]. Motioned by Ellinger and seconded by Martin, the ordinance passed 13–1. Voting in favor were Myers, Stinnett, Beard, Blues, Crosbie, Ellinger, Gorton, Gray, Henson, Lane, Lawless, Martin, and McChord. James cast the sole vote against. - **Resolution endorsing the University of Kentucky's student housing program** [timestamp: 1:03:51]. Motioned by Myers and seconded by Lawless, the resolution passed 12–0. Voting in favor were Myers, Stinnett, Beard, Blues, Crosbie, Ellinger, Gorton, Gray, Henson, James, Lawless, and Martin. No members voted against. Note that Lane and McChord, who were present for earlier votes, are not recorded among the ayes for this item. ## Budget and Financial Actions The Council considered six resolutions authorizing contracts for a range of government services and supplies. - **Resolution 714-2009** authorized a contract with **G4S Justice Services, Inc.** for the electronic monitoring of inmates. - **Resolution 715-2009** authorized a contract with **Amteck of Ky., Inc.** for the maintenance of outdoor warning sirens. - **Resolution 716-2009** authorized a contract with **L-M Asphalt Partners, Ltd.** for the provision of asphalt for the Division of Streets, Roads and Forestry. - **Resolution 717-2009** authorized a contract with **Midsouth Baseball, Inc.** for baseball field drying conditioners. - **Resolution 718-2009** authorized a contract with **Landpro** in connection with the Community Corrections Scenic Corridor Tree Project. - **Resolution 719-2009** authorized a contract with **Brenntag Mid-South** for odor control chemicals. No specific dollar amounts were recorded in the available meeting data for any of the six resolutions. The contracts span multiple departments and service areas, including public safety (inmate monitoring and emergency warning systems), public works (asphalt supply), parks and recreation (baseball field maintenance), community corrections (tree planting), and wastewater or environmental services (odor control). ## Public Comment Three members of the public addressed the Council during the public comment period. - **Bernard McCarthy** [timestamp: 1:06:28] reported that his home had been burglarized and asked the Council for increased police patrols in his neighborhood, particularly during the holiday season. - **Debra Jo Robinson** [timestamp: 1:09:14] raised concerns on behalf of 911 employees regarding the potential loss of earned vacation time as a result of budget cuts. She requested that the Council either provide a payout for the accrued vacation time or extend the deadline by which employees would be required to use it. - **Tracy Wells** [timestamp: 1:15:54] also spoke to the issue of vacation time for 911 employees, offering a personal account of how the potential loss would affect her. She emphasized that 911 employees regularly work through holidays and that the ability to take earned vacation time is especially important given the demands of their jobs. The comments from Ms. Robinson and Ms. Wells together highlighted a shared concern among 911 staff about the financial and personal consequences of losing accrued leave under current budget conditions. ## Appointments The Council approved the following appointments at the December 3, 2009 meeting: - **Dustin Baker** was appointed to the role of GIS Specialist. - **Lee McKinney** was appointed to the role of Electronic Computer Controls Specialist. - **Kent Dornbrock** was appointed to the role of Golf Course Superintendent Sr. - **Jerry Boyd** was appointed to the role of Security Officer. ## Contested Items **Showprop Lexington Development Area** The ordinance related to the Showprop Lexington Development Area passed but drew a dissenting vote from Council Member James, making it one of the more divided outcomes of the meeting. James voted against the measure, citing concerns about the project's impact and the absence of affordable housing provisions. The ordinance passed by a 13-1 margin. **911 Employee Vacation Time** Budget cuts affecting 911 employees generated community opposition and public comment during the meeting. Employees raised concerns about losing vacation time they had already earned, framing the issue as a matter of fairness given that the time had been accrued under existing policy. The matter prompted a request for a formal resolution to address the employees' concerns. ## Full Urban Services District Expansion [timestamp: 12:39] The Council took up Agenda Item 1, an ordinance to expand and extend Full Urban Services District #1 to provide additional municipal services — specifically street lighting, street cleaning, and garbage and refuse collection — to additional areas brought within the district's boundaries. Madam Clerk was identified as a key speaker during this portion of the meeting. The item was presented as an ordinance, the formal mechanism by which the district's geographic scope would be expanded to extend these urban services to the newly included areas. The Council approved the ordinance. ## Refunding Revenue Bonds for Roman Catholic Diocese [timestamp: 16:08] The Council took up Agenda Item 3, an ordinance related to refunding revenue bonds and financing construction for the Roman Catholic Diocese of Lexington. Madam Clerk was the key speaker noted during this portion of the meeting, consistent with the procedural reading of the ordinance. The item appeared to move through the Council without extended debate or notable concerns raised on the record. No additional speakers or points of contention are reflected in the available record for this agenda item. - **Item Type:** Ordinance - **Subject:** Refunding revenue bonds and financing construction for the Roman Catholic Diocese of Lexington - **Key Speaker:** Madam Clerk - **Outcome:** Approved The ordinance was approved by the Council. ## Showprop Lexington Development Area [timestamp: 32:22] The Council took up Agenda Item 4, an ordinance establishing the Showprop Lexington Development Area, a designated development area created for economic purposes in downtown Lexington. Key speakers on this item included Blues and James. The ordinance was presented as a measure to formally establish the development area framework, which is intended to support economic development activity in the downtown Lexington area. The Council approved the ordinance. *Note: The available structured data for this item is limited. For full details of the presentation, any debate, and specific concerns raised during discussion, viewers are encouraged to consult the meeting video beginning at timestamp 32:22.* ## Electronic Monitoring of Inmates [timestamp: 1:03:51] The Council took up Resolution 714-2009, a measure to accept a bid for electronic monitoring of inmates on behalf of the Division of Community Corrections. Key speakers on this item included Ellinger and Gorton. The resolution was presented as an acceptance of a bid related to the electronic monitoring program, which is used in connection with the Division of Community Corrections. The resolution was approved by the Council. --- ## Decisions - **Ordinance 237-2009** — passed (14-0): Refunding of revenue bonds for Roman Catholic Diocese of Lexington Project - **Ordinance 248-2009** — passed (13-1): Establishing Showprop Lexington Development Area - **Motion** — passed (12-0): Resolution endorsing University of Kentucky's student housing program --- ## Full transcript Thank you. Let us pray. Most holy and righteous creator, we thank you most humbly for each and every opportunity to gather in service to one another for the common good of our community. In this season of celebration of you in several different faith, make us mindful of our responsibilities to each other, acknowledging our moral guide. Be one in our midst. Where we differ, guide us to profitab- profitable resolution. Where we agree, allow us to celebrate the spirit of the season. Your blessings upon each of these leaders we now invoke in your name, as well as for those of us that they serve. Amen. Thank you. Uh, first this evening, we have, uh, a couple of presentations and, um, a pleasure, although I don't see her yet, to welcome Stephanie Hong. There she is. Stephanie, if you'll step to the podium please. Um, we, um, Partners For Youth, uh, and, uh, have been for 13 years, have been receiving, um, donations from Toyota to give out the scholarship to the kids in our grassroots program. And, uh, this year, we have nine of them. Um, s- seven of them are here. And so Linda Gordon is going to introduce those, uh, young people. Thank you very s- much, Stephanie. And I just wanna congratulate all of the youth who are here. And, um, I... As I call your name, um, Stephanie, I think there's... Is there a presentation? Do you wanna help? Okay. Oscar Alcaraz. Jaylen Coles. Brittany Lindsay. Taran Jeet Sound. Anna Tussy. Hugo Velasquez. And Jordan Yates. And I just wanna offer our congratulations to you for your Toyota scholarships and your hard work. Um, early on, they have received a certificate and, uh, the, uh, scholarship, um, we'll process once they select their, um, university. And, uh, thank you. Thank you very much, Stephanie. And now it's a pleasure to welcome Commissioner Cheryl Taylor to the podium for, uh, series of presentations. Hi. Um, the City of Lexington recently participated in the US Mayor's Cans for Cash Aluminum Beverage Can Recycling Contest for the fourth straight year. This annual contest runs from October 1st through October 31st and challenges cities across the country to collect and recycle aluminum beverage cans. Lexington's contest efforts were coordinated by the Bluegrass Partnership For a Green Community, we're a member, which was created by the University of Kentucky, Fayette County Public Schools and Lexington-Fayette Urban County Government, with help from Blue ra- Blue Grass Pride and the Tracy Farmer Center of Institute of Sustainability and the Environment, and some other community partners. Over 116,000 pounds of aluminum cans were collected during that one month in 2009, and that's equal to over 3,700,000 cans. 20 public and private Fayette County schools also participated in the contest. Wise Recycling, Baker Iron and Metal, Gordon's Scrap and Iron, and the LFUCG provided monetary prizes to the nine local schools that collected and recycled the highest number of cans per student in their respective size category. Altogether, these 20 schools recycled over 157,000 aluminum beverage cans, 40,000 more cans than last year. I think, as we all know, recycling certainly conserves natural resources and energy, and we applaud these schools' hard work. It's a pleasure to be able to recognize the participating schools to show our appreciation. Maxine Rutter with Bluegrass Pride and Gary Hoover with Fayette County Public Schools are gonna read the names of all of the participating schools. And I'd like for those schools that are present this evening to come forward when their school's name is read and be recognized. We're gonna read the schools that will be receiving certificates for participation first. All schools that participated will get a certificate, but the schools that won monetary prizes will get theirs at the same time they get their check. Certificates will go to Athens-Charsloune Elementary School, Booker T. Washington Academy, Cassidy Elementary School. Henry Clay High School, Jesse Clark Middle School, Lafayette High School, Mill Creek Elementary School. The Learning Center, Lexington Christian Academy Junior High, Providence Montessori School, and Sayre Upper & Lower School. The top nine schools who will receive monetary awards, certificates, and checks, Christ the King School. Lexington Universal Academy, $750. Veterans Park Elementary School, $750. Cardinal Valley Elementary School, $1,000. They're not with us this ev- uh, this evening. Um, Dixie Elementary School, $1,000. Lexington Day Treatment, $1,000. Ashland Elementary School, $1,250. Picadome Elementary School, $1,250. And Montessori Middle School, $1,250. I would just like to add, I'm very proud of all, all nine schools that have won awards, and also the schools that won certificates. Thank you very much. Thank you all very much. We're delighted to have you with us tonight. You're free to go now, if you'd like. You're free to stay. We would, uh, welcome you to stay with us for a while, but we understand if you need to leave. We're now ready for the second reading of ordinances. Madam Clerk. Ordinance number one, an ordinance expanding and extending the full urban services district number one to provide street lighting, street cleaning, and garbage and refuse collection to include the area defined as certain properties on the following streets: Millican Property, Shady Hills, Treeline Way, Tuscany Unit 4A Summerfield, Meeting Street, Patchen Wilkes Drive, Tuscany Unit 4B Summerfield, Sandhurst Cove, Battery Street, Patchen Wilkes Drive, Tuscany Unit 4C Summerfield Battery Street, Mayon Property Lot 1 Mooncoin Way, Tuscany Unit 4E Summerfield Hatchen Wilkes Drive, Newtown Springs LLCC Unit 1 Section 2 Newtown Centerway, Beaumont Farm Unit 1 Section 5 Beaumont Center Circle, Midnight Pass Sharkey Property Unit 4 Section 1 Louis Place, Wheelan Baker Property Russell Cave Road, Richardson Property Unit 5 Section 2 Hannah Todd Place, Bluegrass Aspendale Phase 3 Race Street, Fourth Street, Cunningham Lane, Julia Wayne, Shropshire Avenue, Fifth Street, Nelson Avenue, Mustang Crossing Drive, Lockmere Estates Maple Ridge Unit 1B Section 1 Lockmere Place, Guest Property Unit 5C Section 2 Honeycomb Trail, Guest Property Unit 5D Section 2 Marlbury Place, Guest Property Unit 5E Section 2 Maidencane Drive Newmarket Unit 4B Brickhouse Lane, Mayon Property Unit 1B Man O War Boulevard, Spencer Park, Parker Meadows, Madison Point Drive, Mayhon Property Unit 1C Parker Meadows, Victoria Way, Madison Point Drive, Greendale Hills Unit 3 Merluna Drive, Crescenzio Road, Cielo Vista Road, Guest Property Unit 11A Larkhill Lane, Marcus Trail, Bullrush Trace, Sunny Slope Farm Unit Three Phase Two Silver Bell Trace, Kelly Rose Way, Tuscany Unit Four F Summerfield Sandhurst Cove, Calumet Terrace Subdivision Lot Eight and Nine, Viley Road, Blackford Property Phase Three Unit One A Section Two Blackford Parkway, Blackford Property Phase Three Unit One B Section Two Cornelius Trace, Blackford Parkway. Number two, an ordinance expanding and extending partial urban services district number three for the urban county government for the provision of garbage and refuse collection to include the area defined as certain properties on the following streets: Sharkey Property Unit Three Section Two Town Square Park, Meadow Oaks, Ashford Oaks Unit One B Section One Bobwhite Trail, Marshall Property Unit Two Eye Section One McConnells Trace, Bruce Properties Corinthian Court, Lockmere Estates Mabel Ridge Unit One B Section Two, Lockmere Place, Denton Farms Incorporated Unit Three Section A Summers Lee Place, Winton Place, Sunny Slope Farm Townhomes Silver Bell Trace, Lockmere Estates Maple Ridge Unit One A Lockmere Place, Marshall Property Unit Two Eye Section Two McConnells Trace, Hamburg Place Farms Sir Barton Way. Number three, I believe there's a public hearing. Is there a motion? Ah, that we gotta conduct the public hearing. I apologize. Thank you. Uh, we'll conduct a public hearing on ordinance number three. Is there anyone who wishes to address the council? Seeing none, we'll adjourn the public hearing. An ordinance of the Lexington-Fayette Urban County Council relating to one, the refunding of, A, the $6,300,000 Lexington-Fayette Urban County Government adjustable rate, industrial building revenue bonds, Roman Catholic Diocese of Lexington Project Series 2005A; B, the $4,735,000 Lexington-Fayette Urban County Government adjustable rate industrial building revenue bonds, Roman Catholic Diocese of Lexington Project Series 2005B; and C, the $5 million Lexington-Fayette Urban County Government adjustable rate industrial building revenue bonds, Roman Catholic Diocese of Lexington Project Series 2008; and two, the financing of the acquisition, construction, equipping, and installation of the completion of an approximately 61,120 square foot three-story addition to Saints Peter and Paul Middle School and completion of renovation of both the sites Peter and Paul Elementary and middle schools collectively, the project; three, agreeing to undertake the issuance of Lexington-Fayette Urban County refunding revenue notes in three series and the Lexington revenue note in one series and the aggregate amount not to exceed 20,409,000, the notes; four, approving and authorizing the execution and delivery of, A, a loan agreement among the Lexington-Fayette Urban County Government, Roman Catholic Diocese of Lexington and PNC Bank National Association; B, the notes; and C, any and all other related documents; and five, authorizing the taking of other related action. Number four- Thank you. Uh, if you'll wait just a moment, Councilmember Blues. Thank you, Mayor. Uh, I move to amend ordinance number four under second reading of ordinances pertaining to the Show Prop Lexington development area to provide and amend an amended and corrected Exhibit A, development area description and map, which will also replace Exhibit A to the local participata- participation agreement. This change will clarify that a portion of Angliana Avenue is to be included in the development area. This is a material change and requires a new first reading. So moved. Second. Have a motion by Councilmember Blues and a second by Councilmember Gordon to, uh, amend ordinance number four as specified. Any discussion? Councilmember James. Thank you, Mayor. I haven't, um, I haven't read my emails today or anything. Was this something that came... Was this something we already knew about to- uh, Councilmember Blues? Uh, this, this was sent to me by the administration as a, as a, as a correction. And Ms. Westover's here and she can explain it. Right, I, I can explain it. Um, the, uh, the legal description prepared by the engineers, uh, showed the footprint and the development area, but the calls and so forth did not include Angliana Avenue in the overall footprint. So, uh, it was the intent all along, of course, as you know, to include Anglian Avenue improvements there. So this is just a clarification to the actual legal description. Okay. Thank you. Doesn't change anything. Thanks, Mayor. Any further discussion? All in favor of, uh, approving the proposed amendment to ordinance number four, please indicate by saying, "Aye." Aye. Opposed, no. Motion carries. Um, Madam Clerk, if you will add that to our ordinances for first reading. Number five, an ordinance providing that roll cart garbage and refuse collection shall be provided to property described in guest property units 2A, 2B, and 2C in accordance with chapter 16 of the Code of Ordinances. And number six, an ordinance amending certain of the budgets of the Lexington-Fayette Urban County Government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds, schedule number 86. Thank you. That concludes the reading of the ordinances entitled to fir- uh, second reading. Mayor. Council member James. Um, I'm not sure. When is an, uh ... When would be an appropriate time for me to comment on an item? Uh, we'll put a motion on to approve and then we'll- Okay. ... be open for discussion at that point. Thank you. Is there a motion to approve those ordinances? So moved. Council member Ehlinger has seconded th- has, has moved to approve those ordinances. Council member Myers has seconded that motion. The floor is now open for discussion. Council member James. Thank you, Mayor. Regarding, um, ordinance number four, um, related to the show prop, I'll be voting no on this today. And I wanted to be able to, um, uh, to talk about this a little bit. Um, I've looked in depth at the- Council, Council member, uh, James. Let me interrupt for just a moment. As a result of that amendment- Oh, that's right, first reading. ... it will be a part of the first reading, uh, items. And to the extent you'd like to discuss it, that would be appropriate at that time, but it's, it's off the table for the moment. It's not included in this. Okay. Not this meeting. Thank you, Mayor. Sorry. Anything further? All right. Those then in favor of approving those ordinances, please indicate by voting aye electronically. Those opposed, vote nay electronically. And Madam Clerk, please call the roll. Mr. Meyers. Yes. Mr. Stennett. Yes. Mr. Beard. Present. Yes. Aye. I'll vote. Mr. Plews. Yes. Ms. Crosby. Yes. Mr. Ehlinger. Yes. Miss Gordon. Aye. Mr. Gray. Yes. Miss Henson. Yes. Miss James. Yes. Mr. Lane. Yes. Miss Lawless. Yes. Mr. Martin. Yes. And Mr. McCourt. Yes. Thank you. Those, uh, ordinances all are approved. And I am reminded that I was remiss at the beginning of the meeting not mentioning the fact that we have Council Member Julien Beard back with us tonight. Welcome back. We're glad you're here. Thank you. Madam Clerk, I think we're now ready for the reading of ordinances entitled A First Reading, including, um, item four from just a moment ago. Number seven, an ordinance amending section 21-5-2 of the Code of Ordinances abolishing one position of computer analyst supervisor, grade 117E, in the Division of Computer Services and creating one position of database administrator, grade 117E, in the Division of Enterprise Solutions, and appropriating funds pursuant to schedule number 85. Number eight, an ordinance amending section 21-5-2 of the Code of Ordinances, creating one position of administrative specialist, senior grade 112N, and abolishing one position of administrative specialist, grade 110N, in the Division of Emergency Management, 911, authorizing the Division of Human Resources to advertise internally and appropriating funds pursuant to schedule number 87. Number nine, an ordinance authorizing and directing the mayor on behalf of the Urban County Government to execute an agreement with Reach Incorporated for use of Neighborhood Stabilization Program Funds for the Douglas Heights Redevelopment Project at a cost not to exceed $525,000 and appropriating funds pursuant to schedule number 88. Number 10, an ordinance amending section 22-5-2 of the Code of Ordinances, creating one temporary position of Administrative Officer Senior, Grade 120E, ending three years from the effective date of passage of this ordinance within the Division of Water Quality, and appropriating funds pursuant to schedule number 90. Number 11, an Ordinance amending Section 21-5-2 of the Code of Ordinances, abolishing one position of recreation manager, grade 114E, and creating one position of senior adult and therapeutic recreation services administrator, grade 116E, in the Division of Parks and Recreation, and appropriating funds pursuant to Schedule number 91. Number 12, an ordinance pursuant to Section 2(1)a of the Code of Ordinances of the Lexington-Fayette Urban County Government, adopting a schedule of meetings for the Council for the calendar year 2010. Number 13, an ordinance amending Section 22-5-2 of the Code of Ordinances, creating one temporary position of public information officer, grade 118E, ending two years from the effective date of passage of this ordinance within the Division of Police. Number 14, an ordinance amending certain of the budgets of the Lexington-Fayette Urban County Government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds, schedule number 89. Number 15, an ordinance amending Section 21-5-2 of the Code of Ordinances, transferring one position of public service supervisor, grade 114E, and two positions of equipment operator, senior grade 109N from the Division of Traffic Engineering to the Division of Streets, Roads and Forestry, transferring the incumbents and appropriating funds, pursuant to Schedule number 92. Number 16, an ordinance authorizing and directing the mayor on behalf of the Urban County Government to accept a grant from the Department of Criminal Justice Training, which grant funds are in the amount of $80,000 federal funds for the Cold Case Pilot Project, appropriating funds pursuant to Schedule number 93, and authorizing the mayor to transfer unencumbered funds within the grant budget, and authorizing and directing the mayor on behalf of the Urban County Government to execute a memorandum of understanding with the Department of Criminal Justice Training for participation in the Cold Case Pilot Project. Number 17, an ordinance authorizing and directing the mayor on behalf of the Urban County Government to accept a grant from the Kentucky Department of Military Affairs, Division of Emergency Management, which grant funds are in the amount of $112,984.68- ... federal funds are for the fiscal year 2010 Emergency Management Assistance Project, the acceptance of which obligates the Irvin County Government for the expenditure of $112,984.68 as a local match, appropriating funds pursuant to Schedule Number 94, and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 18, an ordinance authorizing and directing the mayor on behalf of the Irvin County Government to execute an agreement with the University of North Florida Training and Service Institute Incorporated for training courses at a cost not to exceed $12,500 and appropriating funds pursuant to Schedule Number 95. Number 19, an ordinance authorizing and directing the mayor on behalf of the Irvin County Government to execute a rental agreement with Lexington Centre Corporation for space for the Celebration of Disability Expo and Medicaid Waiver Fair at a cost not to exceed $1,400 and appropriating funds pursuant to Schedule Number 96. Number 20, an ordinance amending Subsection 1410F10 of the Code of Ordinances, Lexington-Fayette Urban County Government, pertaining to enforcement of violations of Sections 17-2 through 17-4 of the Code of Ordinances and Section 6-8of the Land Subdivision Regulations of the Zoning Ordinance to add citation officers and to clarify that the enforcement positions may be assigned to the Department of Public Safety. Number 21, an ordinance authorizing and directing the mayor on behalf of the Irvin County Government to accept a grant from the Kentucky Transportation Cabinet, which grant funds are in the amount of $6,375,000 federal funds arising from the American Recovery and Reinvestment Act are for Phase 1 of the Legacy Trail Project, $2,650,000, Phase 2 of the Legacy Trail Project, $2,430,000, and the Downtown Streetscape Project, $1,295,000, the acceptance of which does not obligate the Irvin County Government for the expenditure of funds, appropriating funds pursuant to Schedule Number 97, and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 22, an ordinance amending Section 1 of Ordinance 188-2009, correcting a clerical error and changing the percentage of the salary increase for Kevin Bennett from 23% to 30 1/10%, or 20919.93 biweekly, retroactive to September 3, 2009. Number 23, an ordinance requiring appointees to boards, agencies, and commissions covered by the provisions of Article VII of the Charter and which require council confirmation for appointment of members to take an oath of office or oath by affidavit, unless exempt by law within 30 days of council confirmation and requiring that the oath by affidavit form be submitted to the Office of the Council Clerk within 14 days of completion. And number 24, an ordinance of the Lexington-Fayette Urban County Government making certain findings concerning and establishing a development area for economic development purposes within the downtown of the Lexington-Fayette Urban County to be known as the Showprop Lexington Development Area, approving a local participation agreement between Lexington-Fayette Urban County Government and the Department of Finance and Administration of the Lexington-Fayette Urban County Government, establishing an incremental tax special fund for payment of redevelopment assistance; approved public infrastructure costs, land preparation, demolition, and clearing costs, and financing costs; designating the Lexington-Fayette Urban County Government's Department of Finance and Administration as the agency responsible for oversight, administration, and implementation of the development area; and authorizing the mayor and other officials to take such other appropriate actions as are necessary or required in connection with the establishment of the development area. Thank you very much. That concludes the reading of the ordinances entitled to first reading. Councilmember James, did you wish to discuss? I do. Um, while we're considering, um, second reading for the next meeting, I guess, for this, um, just wanted to put a couple of things on council members' minds. I don't know how much time you've had to delve into, uh, the Showprop, um, the Showprop TIF, um, but first of all, just from the little bit of economic development, um, study that I've had is TIFs are supposed to be partnerships, and they're supposed to help develop communities as well as economic development. Um, they should not be just commercial, commercial developments under the name of TIF, and I fear that's what we're getting with this. Um, affordable housing, of course, everybody knows I'm gonna care about affordable housing. Um, their numbers have, have some leniency in there to where they could implement that, and they have not done it. Um, they've said, "We're open to it, but we really need to, w- we really should, if we're partners in this, we should be able to get some things kinda concrete down." Um, market study, we have some studies that were done here, um, by Irvin County Government that dealt with affordability. Um, those were, I guess, reco- looked at by the developer, but not recognized and not recommended through the study, um, or, or made a part of this TIF. They could've implemented affordable housing in this and still had some high-end. They did not do that. Uh, the net new numbers are questionable and should be questioned. We need to look more in depth at that. We can't just accept something because we don't know what it is. We need to ask questions about how they got those net new numbers and how, with all the TIFs that are being proposed, that net new number will be adjusted. Um, there's not a relocation plan for the residents that will be relocated because of this development. Um, there is no affirmative agreement that there'll be sustainable buildings. We should be aiming towards a green city. That's what's gonna be best for our city. Um, there is no reco- there is nothing, they mention some things they might do. Everything's up in the air. Um, I think our commitment should be up in the air if, if their commitment is. Um, we're so afraid of losing developers in this city that we take whatever is shoved down our throats, and I think we need to make sure that we, we know that Lexington is a great place to be, and people should be happy. We, people should be happy to build in Lexington. We're a great community. So now is the time to question things like increments. We're questioning things after the fact. We just left a meeting, and people are questioning things about the increment, questioning things about payroll. Now is the time to do that, not later after everything's moving forward. Thank you, Mayor. Count- Councilmember Ehlinger, I had you on the list here a moment ago. Thank you, Mayor. I'd like to spend the rules and give second reading on Number 24, please. Second. I have a motion and second to suspend the rules for purposes of giving second reading to number 24. Are there others? All right. Seeing none, we'll proceed to vote. Those in favor of v- suspending the rules for purposes of giving a second reading to number 24, please indicate by voting aye electronically. Those opposed, vote nay electronically. Motion carries by a vote of, uh, ten to four. Madame Clerk, if you would give second reading to item number 24. Number 24 for second reading, an ordinance of the Lexington-Fayette Urban County Government making certain findings concerning and establishing a development area for economic development purposes within the downtown of the Lexington Ir- Fayette Urban County, to be known as the Show Prop Lexington Development Area, approving a local participation agreement between Lexington-Fayette Urban County Government and the Department of Finance and Administration of the Lexington-Fayette Urban County Government, establishing an incremental tax special fund for payment of redevelopment assistance, approve public infrastructure costs, land preparation, demolition, and clearing costs, and financing costs, designating the Lexington-Fayette Urban County Government's Department of Finance and Administration as the agency responsible for oversight, administration, and implementation of the development area, and authorizing the mayor and other officials to take such other appropriate actions as are necessary or required in connection with the establishment of the development area. Thank you. Is there a motion to approve that ordinance? So moved. I have a motion by Council Member Ehlinger, second by Council Member Martin, to approve item number 24. Is there any discussion? I have a question. Council Member James. Um, was this one of the projects that, um, Council Member Lane, had you been part of this and were recused before? No, I have not. Okay, thanks. Any further discussion? Then the question is on the approval of ordinance number 24. Those in favor, please indicate by voting aye electronically. Those opposed, vote nay electronically. Madame Clerk, please call the roll. Mr. Myers. Yes. Mr. Stennett. Yes. Mr. Beard. Aye. Mr. Blue. Yes. Ms. Crosby. Yes. Mr. Ehlinger. Yes. Ms. Gordon. Aye. Mr. Gray. Yes. Ms. Henson. Yes. Ms. James. Negative. Mr. Lane. Yes. Ms. Lawless. Yes. Mr. Martin. Yes. Mr. McCord. Yes. Thank you. That ordinance is approved. We're now ready to proceed to resolutions entitled A Second Reading. Madame Clerk. Resolution number one, a resolution accepting the bid of G4S Justice Services Incorporated, establishing a price contract for electronic monitoring of inmates for the Division of Community Corrections. Number two, a resolution accepting the bid of Amtech of Kentucky Incorporated, establishing a price contract for maintenance of outdoor warning sirens for the Division of Emergency Management 911. Number three, a resolution accepting the bid of LM Asphalt Partners Limited, doing business as ATS Construction, establishing a price contract for asphalt for the Division of Streets, Roads, and Forestry. Number four, a resolution accepting the bid of Mid-South Baseball Incorporated, establishing a price contract for baseball field drying conditioners for the Division of Parks and Recreation. Number five, a resolution accepting the bid of Land Pro, establishing a price contract for the Community Corrections Scenic Corridor Tree Project for the Divis- Department of Public Safety and the Division of Community Corrections. Number six, a resolution accepting the bid of Brenntag Mid-South, establishing a price contract for out- odor control chemicals for the Division of Water Quality. Number seven, a resolution ratifying the probationary civil service appointments of Dustin Baker, GIS Specialist, grade 114N 19.855 hourly in the Division of Communi- Computer Services, effective November 9, 2009, Lee McKinney, Electronic Computer Control Specialist, grade 113N 25.013 hourly in the Division of Community Corrections, effective November 9, 2009, Kent Dornbrock, Golf Course Superintendent Senior, grade 116E 2,354.64 bi-weekly in the Division of Parks and Recreation, effective November 9, 2009, ratifying the unclassified civil service appointment of Jerry Boyd, Security Officer, grade 106N 10.367 hourly in the Division of Facilities and Fleet Management, effective November 23, 2009. Number eight, a resolution of the Lexington-Fayette Urban County Council authorizing the execution of a memorandum of agreement between Lexington-Fayette Urban County Government and Roman Catholic Diocese of Lexington, a non-profit organization relating to one, the refunding of A, the $6,300,000 Lexington-Fayette Urban County Government adjustable rate industrial building revenue bonds, Roman Catholic Diocese of Lexington project, series 2005A and B, the $4,735,000 Lexington-Fayette Urban County Government adjustable rate industrial building revenue bonds, Roman Catholic Diocese of Lexington project, series 2005B and C, the $5,000,000 Lexington-Fayette Urban County Government adjustable rate industrial building revenue bonds, Roman Catholic Diocese of Lexington project, series 2008, and to the financing of the acquisition, construction, equipping, and installation of the completion of an approximately 61,120 square foot three-story addition to Saints Peter and Paul Middle School, and completion of renovation of both the Saints Peter and Paul Elementary and Middle Schools collectively the project, agreeing to undertake the issuance of Lexington-Fayette Urban County refunding revenue notes in three series, and a Lexington revenue note in one series in an aggregate amount not to exceed $20,409,000 at the appropriate time to pay for costs of the project and taking other preliminary action. Number nine, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a memorandum of agreement with the Administrative Office of the Courts for the Division of Community Corrections to conduct urine testing for Fayette County drug courts. Number 10, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a professional services agreement with Greenberg Traurig LLP for assisting the Division of Community Corrections with negotiation of a new per diem for housing federal prisoners at a cost not to exceed $45,000. Number 11. A resolution authorizing and directing the mayor on behalf of the Irvin County government to execute change order number one to the contract with Schroeder Construction Incorporated for the Cadent Town Versailles Road Sanitary Sewer Improvements Project, increasing the contract price by the sum of $119,819.49 from $696,637.75 to $816,457.24. Number 12. A resolution authorizing and directing the mayor on behalf of the Irvin County government to execute an engineering services agreement with Strand Associates Incorporated for process and control improvements at Town Branch Wastewater Treatment Plant, West Hickman Wastewater Treatment Plant, and all pump stations at a cost not to exceed $2,859,500. Number 13. A resolution authorizing and directing the mayor on behalf of the Irvin County government to execute a facility usage contract with Fayette County Board of Education for use of Jesse Clark Middle School at a cost not to exceed $4,001.30. 14. A resolution authorizing and directing the mayor on behalf of the Irvin County government to execute an agreement with Kentucky Utilities Company to attach banner equipment to poles at no cost to the Irvin County government. Number 15. A resolution authorizing and directing the mayor on behalf of the Irvin County government to execute a facility usage contract with Fayette County Board of Education for use of Yates Elementary Gym at a cost not to exceed $4,080. Number 16. A resolution authorizing and directing the mayor on behalf of the Irvin County government to execute an amendment to agreement with MES Enterprises LLC to adjust the monthly rental schedule to provide for a lump sum rental payment in the amount of $22,790.62. Number 17. A resolution authorizing and directing the Department of Finance and Administration beginning fiscal year 2011 to designate a fund of up to $200,000 per fiscal year to be funded by the actual amount of collections of nuisance abatement costs and civil penalties issued by the Division of Code Enforcement in order to fund abatement-related activities by the Division of Code Enforcement. Number 18. A resolution authorizing and directing the mayor on behalf of the Irvin County government to execute an assignment of scenic and conservation easements with the Fayette County Rural Land Management Board Incorporated for assignment of the scenic and conservation easements on the Mary E. Wharton Nature Sanctuary at Flora Cliff at no cost to the Irvin County government. Number 19. A resolution authorizing and directing the mayor on behalf of the Irvin County government to execute a purchase of service agreement with Bluegrass State Games Incorporated for implementation of the Bluegrass State Games Incorporated at a cost not to exceed $52,500. Number 20. A resolution authorizing and directing the Division of Traffic Engineering pursuant to Code of Ordinances Section 1846 to designate David Drive as being prohibited to through trucks, authorizing and directing the Division of Traffic Engineering to install proper and appropriate signs in accordance with the designation. And number 21. A resolution authorizing and directing the mayor on behalf of the Irvin County government to execute a certificate of consideration and accept a deed conveying a permanent sanitary sewer easement for the property located at 2550 Winchester Road as part of the Hamburg East Development at no cost to the Irvin County government. Thank you. That concludes the reading of the resolutions entitled to second reading. Motion to approve. Second. We have a motion to approve by Councilmember Ellinger and a second by Councilmember Gorton. Any discussion? Seeing none, we'll proceed to vote. Uh, Councilmember Myers. Thank you, Mayor. I've been given a motion to amend number 29. Am I in the right place? No, I think I'm jumping the gun, aren't I? Nu-number 29? I'm jumping the gun. Hold on. We're, we're not there yet. I'm jumping the gun. Okay. We'll get there shortly, I hope. Any, any- Yeah. Any discussion on, uh, on those, uh, resolutions? Seeing none, we'll... Councilmember Lawless. He was talking about another resolution later on. I think we're ready to vote. Those in favor of approving those resolutions which just received a second reading, please indicate by voting ay electronically. Those opposed vote nay. Madam Clerk, please call the roll. Mr. Myers. Yes. Mr. Stennet. Yes, ma'am. Mr. Beard. Ay. Mr. Blues. Yes. Ms. Crosby. Yes. Mr. Ellinger. Yes. Ms. Gorton. Ay. Mr. Gray. Yes. Ms. Henson. Yes. Ms. James. Yes. Mr. Lane. Yes. Ms. Lawless. Yes. Mr. Martin. Yep. Mr. McCord. Yes. Thank you. Those resolutions are approved. We're now ready for resolutions entitled to first reading. Madam Clerk. Number 22. A resolution accepting the bid of Labor Works Lexington LLC establishing a price contract for temporary labor materials recycling facility for the Division of Waste Management. Number 23. A resolution authorizing and directing the mayor on behalf of the Irvin County government to accept a donation of fitness equipment from Transylvania University for use by the Division of Fire and Emergency Services at no cost to the Irvin County government. Number 24. A resolution authorizing and directing the mayor on behalf of the Irvin County government to execute change order number one to the contract with Watermark Construction, LLC for the Town Branch Trail phase two construction project, decreasing the contract price by the sum of $15,624.32 from $185,502.70 to $169,878.38. Number 25. A resolution authorizing and directing the mayor on behalf of the Irvin County government to execute a rental agreement with the Lexington Center Corporation for Martin Luther King Day at a cost not to exceed $9,000. Number 26. A resolution authorizing and directing the mayor on behalf of the Irvin County government to execute agreements with South Lexington Babe Ruth Incorporated, $1,000, Lexington Humane Society, $500, and Lexington Center Participants Council Incorporated, $400, for the Office of the Urban County Council at a cost not to exceed the sum stated. Number 27. A resolution authorizing and directing the mayor on behalf of the Irvin County government to execute an agreement with Mash Services of the Bluegrass Incorporated for operation of the Mash Drop-In Facility at a cost not to exceed $180,000 in grant funds from the US Department of Health and Human Services. Number 28, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute lease agreements with Area Health Education Center, Bluegrass Community Action Agency, Community Reinvestment Alliance, Legal Aid of the Bluegrass, LexCare, Lexington-Fayette County Urban League, National Alliance for the Mentally Ill, National Association for the Advancement of Colored People, and West End Community Empowerment Program for the use of space at the Black and, and Williams Neighborhood Center. Just a moment, please. Council member McCord. Oh, this is for 29. I think this is council member Meyer's motion. I'm sorry. Thank you. I've been asked by the administration to make this change, so I move to amend resolution number 29 under first reading resolutions pertaining to an agreement with Pictometry International Corporation to provide for an agreement up to six years at a total cost not to exceed $347,372 and an FY2 10 cost not to exceed $52,065, so moved. And it's just a correction. I have a motion by Council Member Meyers and a second by Council Member McCord to mend item number 29 as specified. Any discussion? Council Member Wallace? Could it be repeated, please? I did not... Oh, shoot. Council Member McCord, could you repeat the motion, please? Meyers, excuse me. Thank you, Mayor. First, this is a correction of the, of the pricing is all it is. I move to amend resolution 29 under the first reading resolutions pertaining to an agreement with Pix- Pictometry International Corporation to provide for an agreement up to six years at a total cost not to exceed $347,372 and an FY2 10 cost not to exceed $52,065, so moved. All right, that's the motion on the floor. Council member McCord had seconded that. Any further discussion? All in favor then of amending item number 29, please indicate by saying I. Opposed, no. Motion carries. Madam Clerk. Number 29. Number 29 as amended, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an agreement with Pictometry International Corporation, a sole source provider for the lease of oblique aerial photography, viewing software, site licenses, and traditional aerial photography, and supporting maintenance and professional services for up to six years, subject to sufficient funds being appropriated in future fiscal years at a cost not to exceed $52,065 in fiscal year 2010. Number 30, a resolution ratifying the probationary civil service appointments of Tammy Hudson, operations manager, grade 116E, 2002.72 bi-weekly in the Division of Waste Management, effective December 7, 2009, Mitchell Kisek, internal auditor, grade 118E1899.92 bi-weekly in the Office of Internal Audit, effective December 7, 2009, James Quinn, internal auditor, grade 118E270.32 bi-weekly in the Office of Internal Audit, effective December 7, 2009, Jeffrey Cravens, operations manager, grade 116E2000 biweekly in the Division of Waste Management, effective December 7, 2009, David Adamovich, treatment plant operator apprentice grade 113N15.74 hourly in the Division of Water Quality, effective December 7, 2009, David Brazelton, trades worker senior grade 109N17.472 hourly in the Division of Streets, Roads and Forestry, effective December 7, 2009, Tanya Walters, staff assistant senior grade 108N13.130 hourly in the Division of Facilities and Fleet Management, effective December 7, 2009, approving the unclassified civil service appointment of Barbara Stifle, staff assistant senior grade 108N12.500 hourly in the Division of Water Quality, effective November 23, 2009. Number 31, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute the 2010 general term orders for the Fayette County Clerk and the Fayette County Sheriff establishing the number of deputies and assistants allowed to each and the compensation allowed to each deputy and assistant subject to the limits for each category as specified in the general term orders and subject to the fees collected by the officers respectively in their 75% accounts, pursuant to KRS64.351. Number 32, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a statement of concurrence with Louisville Metro Government allowing its use of an emergency radio system frequency subject to Louisville Metro Government correcting any interference problems related to such use at no cost to the Urban County Government. Number 33, a resolution endorsing the University of Kentucky's creation of an office devoted to off-campus student housing issues and of a student housing and partnership program, which would encourage landlords to maintain their properties in a condition that exceeds the applicable life, health, safety, and property and nuisance laws, ordinances, codes, and regulations, and focus on eliminating problems that are associated with student housing, and hereby notifying Dr. Lee Todd and the University of Kentucky Board of Trustees of this resolution and authorizing and directing the appropriate Urban County governmental personnel to cooperate with and assist the student housing office and the program and to take other appropriate action consistent with the intent of this resolution. Number 34, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute change order number one final to the contract with Randall Davies Construction Company for construction of the Town Branch Trail phase 1B, decreasing the contract price by the sum of $30,248.78 from $224,109.20 to $193,860.42. Number 35, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute amendment number nine to the contract with NTRAN, formerly known as American Consulting Engineers PLC, for professional services for the New Town Pike Extension Project, increasing the contract price by the sum of $605,853 from $5,461,116.51 to $6,066,969.51. Number 36. A resolution authorizing and directing the mayor on behalf of the Irvin County government to execute change order number two to the contract with Marilia Design and Construction for McConnell Springs Wetland Development Area, increasing the contract price by the sum of $10,602 from $386,115.15 to $396,717.15. Number 37. A resolution authorizing and directing the mayor on behalf of the Irvin County government to execute a definitive relocation agreement with Insight Kentucky Partners II LP for relocation of fiber optic and coaxial cable to underground for the South Limestone Streetscape Project at a cost not to exceed $450,000. Number 38. A resolution pursuant to Code of Ordinances Section 18-66, designating the speed limit on Alexandria Drive between for Versailles Road and Bylee Road as 25 miles per hour, and designating the speed limit on Delmont Drive as 20 mi- miles per hour, and authorizing and directing the Division of Traffic Engineering to install proper and appropriate signs in accordance with the designations. Number 39. A resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute a facility use agreement with the Department of Criminal Justice Training for use of facilities for training at no cost to the Irvin County Government. Number 40. A resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute an amendment to contract number 5797 resolution number 693-2006 with Kentucky Theater Management Group, Incorporated, extending the term of management for an additional 13 months. Number 41. A resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute a user agreement with Kentucky State Police for use of an information system at no cost to the Irvin County Government. Number 42. A resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute an amendment to agreement with the Kentucky Office of Homeland Security for extension of the Metropolitan Medical Response Systems Project through June 30, 2010 at no cost to the Irvin County Government. Number 43. A resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute an amendment to agreement with the Kentucky Office of Homeland Security for extension of the Bomb Squad Enhancement Project through June 30, 2010 at no cost to the Irvin County Government. Number 44. A resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute an amendment to agreement with the Kentucky Office of Homeland Security for extension of the IED Attack Deterrence Project through June 30, 2010 at no cost to the Irvin County Government. Number 45. A resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute agreements with ACT Ministries Incorporated, $100, Bluegrass Community Foundation Incorporated, $520 -- $525, Central Kentucky Radio Eye Incorporated, $500, and One World Films Incorporated, $575, for the Office of the Irvin County Council at a cost not to exceed the sums stated. Number 46. A resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute certificates of consideration and other necessary documents and to accept deeds for easements needed for the South Limestone Streetscape Project at no cost to the Irvin County Government. Number 47. A resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute agreements with Central Kentucky Area Drug Task Force, $3,000, Asbury College, $9,500, Hollingsworth and James LLC, $10,000, Board of Education of Fayette County, Kentucky, $28,175, Fayette County Commonwealth Attorney, $11,000, Hinton County Commonwealth Attorney, $11,500, and Commonwealth Attorney for Lincoln, Pulaski, and Rockcastle Counties, $7,500 for performance of services under the 2008 Project Safe Neighborhood Grant at a cost not to exceed the amounts indicated. Number 48. A resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute an agreement with Community Action Council for Lexington, Fayette, Bourbon, Harrison, and Nicholas Counties Incorporated for use of community development block grants funds for em-- energy efficiency improvements to private housing owned and occupied by income-eligible households at a cost not to exceed $245,000. Number 49. A resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute a loan agreement with Russell School Community Service Center Incorporated for use of community development block grant funds for the rehabilitation of the Russell Elementary School property at a cost not to exceed $200,000. Thank you. Uh, are there motions? Council members, uh, Crosby. Thank you, Mayor. I have a motion to place on the docket for tonight's meeting, a resolution authorizing and directing the mayor to execute a loan fire apparatus risk allocation agreement with Pierce Manufacturing Incorporated at no cost to the Irvin County Government. So moved. We have a motion in second. Is there any discussion? Seeing none, we'll proceed to vote. All in favor of adding that item to the docket, please indicate by saying "aye." Aye. Opposed, "no." Motion carries. Madam Clerk. Number 50. A resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute a loan fire apparatus risk allocation agreement with Pierce Manufacturing Incorporated at no cost to the government. Thank you. Council Member Meyers. Thank you, Mayor. Um, this was given to me by, uh, Councilman McCord, had to leave. So I wanna read a note that he said. He wanted to also, um, show his appreciation for the administration for their additional due diligence on accepting this bid and now I'll read the motion. I move on a, on the, I move to place on the docket for tonight's meeting a resolution accepting a bid for Claunch Construction LLC in the amount of $951,604 for the Shillito Park paved trails, Shill- Shillito and Lafayette Trails for the Division of Parks and Recreation and authorizing and directing the mayor to execute an agreement with Claunch Construction LLC related to the bid. So moved. Second. Have a motion in second to add that item to tonight's docket. Any discussion? All in favor, please say "aye." Aye. All opposed, "no." Motion carries. Madam Clerk. Number 51. A resolution accepting the bid of Claunch Construction LLC in the amount of $951,604 for the Shillito Park paved trails, Shillito and Lafayette Trails with the Division of Parks and Recreation and authorizing and directing the mayor on behalf of the Irvin County Government to execute an agreement with Claunch Construction LLC related to the bid. Thank you. Council Member Stennet. Thank you, Mayor. Uh, in light of our work earlier this evening on our bonding package, I move to place on the docket for tonight's meeting a resolution stating the reasonable expectation to reimburse Lexington-Fayette Urban County Government for capital expenditures made for certain general government purposes which are made prior to the issuance of Building America Bonds. So moved. Second. Any discussion? All in favor, please say aye. Aye. All opposed, no. Motion carries. Um, for purposes of, um, clarification, we'll designate the motion made by, by Council Member Crosby as dealing with resolution number 50. Uh, motion by Council Member Myers as being number 51, and the motion by Council Member Stennet as being number 52. Council Member Gorton. Yeah, I'm sorry. If you already read 52, plee- please read 52. Thank you. Number 52, a resolution of the Lexington-Fayette Urban County Government stating the reasonable expectation to reimburse Lexington-Fayette Urban County Government for capital expenditures made for certain general governmental purposes which are made prior to the issuance of Build America Bonds. Thank you. Council Member Gorton now. Thank you, Mayor. I move to place on the docket a resolution authorizing the mayor to submit a grant application and to accept the grant if the application is approved to the Kentucky Board of Emergency Services in the amount of $10,000 Commonwealth of Kentucky funds for the purchase of EMS equipment. So moved. I have a motion by Council Member Gorton and a second by Council Member Crosby to place that item on the docket. Any discussion? All in favor, please say aye. Aye. Opposed, no. The motion carries and we'll designate that one as item number 53. Uh, other motions. Council member... I'm sorry. Please read it. Please, please read the motion. Resolution number 53, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute and submit a grant application to the Kentucky Board of Emergency Services to provide any additional information requested in connection with this grant application and to accept this grant if the application is approved, which grant funds are in the amount of $10,000 Commonwealth of Kentucky Funds and are for purchase of EMS equipment, the acceptance of which does not obligate the Urban County Government for the expenditure of funds and authorizing the mayor to transfer unencumbered funds within the grant budget. Thank you. Council Member Stennet. Thank you, Mayor. I move to suspend the rules and give second reading to number 51 and 52. I have a motion to suspend the rules for purposes of giving second reading to items 51 and 52. Do I hear a second to that motion? Second. I have a second by Council Member Crosby. Are there others? Council Member Lawless. I'd like, um, I'd like to suspend the rules and give a second reading to number 33. Thank you. Council Member Gorton. Uh, yes, uh, suspend the rules and give, uh, second reading to number 53. Council Member Crosby. Mayor, I'd like to, um, ask that we suspend the rules and give a second reading to number 50, because we need this truck. W- we need to loan it for the fire department. Thank you. Thank you. Other motion? Any others? All right. We will then, uh, by consent, modify the motion to suspend the rules to include the following items, resolution 33, 50, 51, 52, and 53. Mayor. Council Member Ehlinger. Can we separate number 52 out, please, from the rest? All right. Council Member Ehlinger would like to separate number 52 from the rest. Are you talking about for purposes of s- suspending the rules or purposes of voting? Yes, sir. All right. We have then a motion to suspend the rules for, um, purposes of giving second reading to item number 52. Is there a second to that motion? Okay. Council Member Blues? All right. Motion is to give second reading to, to item number 52. All in favor of that, please indicate by saying aye. Opposed, no. Uh, all right, let's vote electronically. Madam Clerk, if you could reset the vote. Is this to separate it? This is to separate it. This is... Motion is to separate out number 52. All right. Those in favor of separating number 52 from the others for purposes of suspending the rules in a moment, please indicate by say- by voting aye. Those opposed, vote no. Has everyone voted? Um, vote is six to six. Chair will vote no. Those... We're now ready to vote on the motion to suspend the rules for purposes of giving second reading to items 33, 50, 51, 52, and 53. Any discussi- uh, the motion is non-debatable. Uh, all in favor of suspending the rules, please indicate by voting aye electronically. Madam Clerk, if you'll s- -- there we go. Le- -- that motion carries by vote of 11 to 1. Um, we're now ready to give second reading to those five items. Madam Clerk. Number 33. A resolution endorsing the University of Kentucky's creation of an office devoted to off-campus student housing issues and of a student Housing In Partnership program, which would encourage landlords to maintain their properties in a condition that exceeds the applicable life, health, safety, property, and nuisance laws, ordinances, codes, and regulations, and focus on eliminating problems that are associated with student housing, and hereby notifying Dr. Lee Todd and the University of Kentucky Board of Trustees of this resolution, and authorizing and directing the appropriate urban county governmental personnel to cooperate with and assist the Student Housing Office and the program and to take other appropriate action consistent with the intent of this resolution. Number 50. A resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a Loaned Fire Apparatus Risk Allocation Agreement with Pearce Manufacturing Incorporated at no cost to the government. Number 51. A resolution accepting the bid of Claunch Construction, LLC in the amount of $951,604 for the Shillito Park paved trails, Shillito and Lafayette Trails for the Division of Parks and Recreation, and authorizing and directing the Mayor on behalf of the Urban County Government to execute an agreement with Claunch Construction, LLC related to the bid. Number 52. A resolution of the Lexington-Fayette Urban County Government stating the reasonable expectation to reimburse Lexington-Fayette Urban County Government for capital expenditures made for certain general governmental purposes which are made prior to the issuance of Build America Bonds. And number 53. A resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute and submit a grant application to the Kentucky Board of Emergency Services, to provide any additional information requested in connection with this grant application, and to accept this grant if the application is approved, which grant funds are in the amount of $10,000 Commonwealth of Kentucky funds, and are for the purchase of EMS equipment, the acceptance of which does not obligate the Urban County Government for the expenditure of funds and authorizing the Mayor to transfer unencumbered funds within the grant budget. Thank you. Is there a motion to approve those five resolutions? So moved. Seconded. Council Member Myers has moved the adoption of those five resolutions. Council Member Lawless has seconded the motion. Is there discussion? Seeing none, we'll proceed to vote. Those in favor of those resolutions, please indicate by voting aye electronically. Those opposed, vote nay electronically. And Madam Clerk, please call the roll. Mr. Myers. Yes. Mr. Stennet. Yes. Mr. Beard. Aye. Mr. Blues. Aye. Ms. Cosby. Aye. Mr. Ellinger. No on 52, yes on the rest. Thank you. Ms. Gorton. Aye. Mr. Gray. Yes. Ms. Henson. Yes. Ms. James. Yes. Mr. Lane. Ms. Lawless. Yes. Mr. Martin. Yes. Thank you. Those resolutions are adopted. That takes us down to announcements on the docket. Does any council member have an announcement this evening? See none. If you'll wait just a moment, we're ... Council Member Lawless. Um ... Thank you, Mayor. Um, just a real quick announcement. I wanna thank you, Mayor, for riding around the Third District with me yesterday, and, um, it was, uh, I hope, helpful to both of us to see what was going on. And, um, do you have any comments about the Third District? I appreciate hearing them. As a constituent of the Third District, I think it's the finest district in the -- in the city. There we go. Same thought. I enjoyed it very much and appre- -- there are a number of projects going on there, in all seriousness, and I appreciate you taking the time. Uh, Council Member Martin. Thank you, Mayor. I just want to remind folks that kids can meet Santa this Sunday at the Beaumont Clubhouse from 2:00 to 4:00 PM, um, by the, the Beaumont YMCA. The Santa will ri- ride by fire truck at 2:00 PM. This event is free to all Beaumont residents. And bring a new unwrapped toy for the Toys for Tots drive, and support your local firefighters. Uh, the Firebrook Homeowner Association is offering a hands-on holiday classes for Firebrook Estates, uh, December 9 and December 10. And classes will begin at, be at the Firebrook Clubhouse from 7:00 to 8:30 PM. And registration is required, so please call, uh, (859) 229-8590. And I'd like to remind the Southland area residents about the Southland Christmas Tree Lighting Ceremony starting at 5:30 tomorrow, December 4th, at the fire station on Southland Drive. Thank you, Mayor. Thank you. Any other announcements? Then we're ready for public comment. Uh, the first individual who's indicated a desire to speak is Mr. McCarthy, Bernard McCarthy. Bernard McCarthy, if you would, um, step to the podium, you'll have three minutes. Your Honor and members of the council, my name is Bernard McCarthy. My address is 515 Harry Street. Um, I'm very sad to have to mention this, but it seems all the defenses that I built into my house as I was building it 22 years ago have ultimately failed. Sometime over the Thanksgiving weekend, a burglar broke into my house- And to do this, they unbolted five of the six bolts holding the bars over my living room window that faces the street, ripped out the screen, pivoted the bars out of the way, ripped out the screen and smashed three panes of glass to get in. They made off with one bicycle out of two that I owned, my gasoline powered chainsaw, a set of nut drivers, a pair of vice grips, a monkey wrench, and a backpack. Now admittedly, the stuff that I lost is perhaps not that costly. And the cost- costliest thing about this, is replacing the glass, which I had done a little earlier this afternoon. Now, I would like to ask that more police manpower be steered toward the north side of town in the near future, and especially send more frequent patrols down Harry Street on the major holidays and at night during the first three weeks of March each year. That, those are the, those are the times when I'm not there to defend the house myself. It's pretty well down there, I'm afraid, already. Thank you, Mr. McCarthy. All right. Uh, the next individual I have on the list is Debra Jo Robinson. Ms. Robinson, you'll step forward. You'll have three minutes. Next is Carla Anderson. Is Ms. Anderson here? All right. What about, uh, Tracy Wells? Ms. Wells? Donna Perry. Ms. Perry? All right. Ms. Robinson. Actually, Mayor, at this particular time, Ms. Anderson and Ms. Perry have both, uh, wanted to know if it'd be okay if I took their three minutes. It, it will. You'll have nine minutes then. All right. Thank you. And... Thank you. Once again, my name is Debra Robinson, and I just want to say thank you, uh, for giving me this opportunity to talk on behalf of, um, myself and the Division of Enhanced 911, the fire department location. Um, at this particular time, I'm sure all of you all are aware, you all received an email today from one of the employees, one of the supervisors within the Division of Enhanced 911, um, that pretty much was sent from our director advising all of us, most of our seasoned employees, as a matter of fact, 12 out of the 16 of us that are employed at the fire department location are in risk of losing- ... our vacation hours, our earned vacation hours, that's been given to us from the city. Um, this particular time, we have all tried our best to cover our 911 lines at all times possible, with the idea that we've had several of our essential staff that has been out for family medical leave. We've been extremely short-staffed, and sometimes we've not always had the adequate staffing that we've needed to answer our 911 lines. Someone did today say to me, "Why don't you all just take off?" Well, I guess we could all just take off and not show up for the rest of the month of December, but if someone in your family, or you even, would need fire or medical services who would be there to answer the 911 lines? It would be none of us because here we all sit. We are all representing the 911 division. And out of most of us sitting here only one of us, and he's not with us at this moment, we're all receiving the 14 hours of earned time. You know, we get our time, at this particular time, after we've worked the month. So we've already worked our months, and at this particular time, the way we've figured it up is there's 905 hours at this particular time that myself, these people next to me, my coworkers, and some of the employees that are representing at this particular moment are gonna be losing out on. Uh, we come for you today once again to say that we are essential services. We are a 24/7 operation. We are here when no one else is. You'd be surprised at the calls that we actually receive if no one else is in. If 311 is not in, they call us to say, "Hey, they didn't pick up our trash." They call us to say, "Our streets did not get cleaned from the snow." Then they also call us with more of the tragedies. If someone's broken into our house, or, "My, my baby is dead and I need help to try to bring my baby back to life." Or, "I woke up this morning, my house smells like it's hot." And they realize that their house is on fire. Well, we are actually considered the first responders. We are the ones that do the job. We do it before we send our firefighters there, or our police officers. It is our responsibilities to offer the pre-arrival instruction to help someone bring their baby back to life. Now we realize it's tough for all of us at this particular time. We realize that there's a lot of budget issues going on within our city, but we worked hard for what we earned. We're asking that if nothing else, we be paid out. If we cannot take it, and you all do not want to extend it over to next year, then pay us for what we've already earned. That's one of our suggestions. Another one is, is that you extend our time for another 90 days. It's been done before in the past. Once again, it's our time that we've earned. We've worked hard for that time. I know several of you probably are familiar, like I said several times, that we are considered essential staff. We've already had it figured into our 2009 budget of our time that we've earned, that it shouldn't be taken away from us. And that's why we're here today. We want to see if we can possibly either be paid out for that. It would be cheaper to pay us than to have us off- ... and then me have to have someone else that come in and cover our job. And not everybody that works for us can do all three positions. We have call takers that can only answer the 911 calls. We have dispatchers that actually are the ones that have to dispatch the calls. They have to make sure that they are the lifeline to the first responders that actually get on scene, and then they also help our job to help supervise when we are not available. However, the way things are at this particular time with the supervisors, we are all maxxed out to our 80 hours comp time that we're allowed to have at this particular time. So if I work an hour over, there's another hour that I'm giving to you all for free. Now, we all know no one likes to work for free, but being essential services, do you know what we do? We work for free sometimes. We are there when the ice storms hit. We are there when 5191 happened. Everyone sitting right here was a part of 5191, everybody that's sitting here. And without us, there was no li- there was nobody there that could have possibly taken the things that we do. There have been firefighters that sit up there and do our job and say, "I don't know how you do it." We have police officers that come in and just to sit and say, "I don't know how you do it." Well, it takes a special person to do our job and sometimes I think our job has now been minimized. And now the only thing that we have to look forward to is vacation, which is given to us right here in our employee handbook. I'm sure everyone has this and it's, it says, "The purpose of vacation is to provide you with a change of pace and a break from the regular work routine." Well, we don't get that, because if someone's not there, we have to make sure someone's there. It's not like an- another job. It's not like if someone in your, in your division maybe, or another division that receives H1N1 and you can close the doors. If we get sick, guess where we are? We're right at work doing our jobs, because we have to be there for your families and for the rest of this city to answer the calls. So we all come before you today asking if you could please consider paying us out of what's rightfully ours, that's rightfully that we all have earned. Everyone here, we've earned that. Or we ask that you extend our vacation at this particular time so we can have the opportunity to enjoy a vacation with our families. Mayor? Thank you. Ms. Robinson, I think you said Ms. Anderson and Ms. Perry were donating their time for you to speak? Yes, sir, they were. And what about Ms. Wells? Uh, would you care to speak? Thank you for allowing me to speak. I really didn't know what I was gonna say until, um, uh, before you, uh, in t- about two hours ago, I woke up and got a voicemail telling me of this email that we have received. Um, m- Ms. Robinson did a pretty good job of addressing, um, everybody as a whole. I was advised that I probably should, uh, u- ah, I do represent everybody else that's in the same boat, but I also feel that I should mention how, so you could get a better perspective of how it affects the individual too. Sometimes it's easy to look at a group and just write it out on paper, but as an individual employee, I had to leave my three y- I mean, I work night shift and my son is three and a half. I'm a single parent to him. Um, there, I mean, I've worked Thanksgiving. I'm gonna work Christmas Eve, Christmas Day. Every holiday I work, and the only time I can be with him is vacation and holiday. And like Ms. Robinson said, I've earned this time. I've worked very hard for it. Um, I would gladly donate my salary if it would get the city out of the budget shortfall, but I don't think that's gonna, my salary alone, and even the, these people here, the 12 or so, 13 employees of us, that's not gonna help the overall total impact. Um, I've almost got 15 years in this city. I love my job dearly, and this gentleman here said that he wanted more patrols for police. Um, he, I'm the one that he calls out to when he tells me about a burglary. Like Ms. Robinson said, I'm often the first person somebody calls when their child's having trouble breathing, when they found their child unresponsive, and I don't ask for applause. Earlier we applauded people for their hard work. I don't get the applause. All I get is my vacation, my holiday, my sick time, and I don't think it's too much to ask that I get it just like every other employee. Um, I'm sorry that I seem upset, but it is very upsetting to me. Um, I just don't know how else to take it is, I don't get my applause if I don't get this time. So thank you for listening to my concerns. Thank you. Is there anyone else that wishes to address the Council? Do I hear a motion to adjourn? Councilmember Crosby. Pardon me? I'm sorry. Uh, Councilmember Crosby. Mayor, I, I just wanna ask you procedurally, um, I think we all got a copy of this letter today, and I'm just curious because it was, it was my understanding that, um, the different divisions were offering their solutions for budget cuts to you, and then you were gonna report out, um, to us, and then we were gonna start hashing it out. And I guess what is a little disturbing to me in this letter is that it looks like this is in direct response to the budget situation, and that we have divisions already making determinations of how they're going to cut their budgets. And, and it may be that this is what happens. I don't think any of us know what we have to do yet, because we have not gotten the full report and the full, um, analysis from you, and I see another whole half of room of people here who are just as concerned about what's going on. So I guess, um, my question is procedurally, strictly procedurally, um, are we getting a report out on Tuesday, and then have division directors been given any type of directive to immediately start doing things like this in response to, um, the reductions you've asked them to make? I have asked all of our division directors to try to minimize their operating expenses in whatever way they can for the short term. Um- It will take us a while to come up with a comprehensive approach to how we're going to address the larger problem. In the meantime, to the extent there are, uh, nonessential expenses that we can avoid incurring, um, in the short term, I've encouraged them to do so. I, I feel like that maybe some of these situations need to be, um, discussed individually, because again, I guess, we've got, um, there's a lot of concern, um, particularly when this is something that people believe they've earned and that it's in the employee handbook and there, I mean, I, I think what I would gather by what you said was, for example, if you can cut down on paper copies, whatever, within your division, those are the types of cut, immediate cuts. Telling people they, after the first of the year, they can't have vacation or that a recruiting class may be gone, I think those are pretty significant, um, statements to make, either v- verbally or via email, when we have not even gotten any type of analysis. Yeah. And I know it's coming next week, but, um, certainly- N- no, it's not coming next week. Oh, it's not? I'm sorry. No. I was told that. Um, there are lots of rumors. Mm-hmm. ... that have already been put into circulation. I heard today one, um, firefighter had been advised that 90 firefighters were going to be laid off effective January 1. That hasn't been discussed by anybody at any time under any set of circumstances. But that's typical of the kinds of rumors that start to circulate whenever you have a budget shortfall. What we hope to do is go through the process as rapidly as we can and then, um, make an overall budget adjustment at the end of a comprehensive review of our projected expenditures and revenue for the balance of the year. And, uh, we'll do that as promptly as we can, but it will take a while to, uh, assess the information that's been provided to us. Oh, thank you. Now, on this particular instance, to the extent it would be helpful to the council, I'll be glad to ask, uh, Commissioner Bennett and, uh, Dave Lucas- ... from our E911 division to make a presentation during the mayor's report on Monday, or Tuesday rather, to address this, this specific issue if that would be helpful. All right. Okay. Mayor, before we continue, this is, this is out of order because it's not on our agenda and the meeting should be over. We can address this on Tuesday or we'll go back, n- and we all wanna g- abide by our council rules and this is way off the agenda and there's no place on it at this point after public comment to have this type of discussion. Your, your point is well taken. Um, is it- Motion to adjourn. I have a motion to adjourn and a second. Second. That motion, um, is in order at this time. Those in favor, please vote aye. Aye. Opposed, no. No. Motion fails. Can I make a motion? ...Uh, I, I will take a hand vote, but, uh, yes. Mr. Chairman, you gotta amend it back to the, um, the motion. ............................ .......................... . Yes. Uh, I think we're at the end of the meeting and I think the point Council Member Stennet made is well taken, uh, to the extent the majority of the council wishes to mend the docket in some fashion or another at this juncture, um, you can, but we're, we're at the, uh, end of the meeting. May I ask a question? Ma'am. Oka- I'm sorry. Um, first of all, I wanna thank you all for your service. Having staffed a crisis line for 30 some odd years myself in my previous career, I know how difficult those calls can be and how stressful it is. And also, I've called you all before as recently as last week when my house was broken into. I don't think anybody understands the level of stress that 911 folks are under. I appreciate you bringing this to our attention and, uh, I thank you very much for your service and I have trouble with anything that changes the rules after the fact such as, you know, if we gotta move forward next year and there's an understanding, so thank you and thank you for your service. Is there any further business? Council Member, Council Member James, you indicated a desire to speak. I don't know what I'm supposed to say because I'm, I'm a bit, I've never been in this situation before. It appears that the parliamentarian will agree with you, so I'm not too sure how we, how we resolve this issue. The memo that came forwarded to us said that no LFUCG city employees will have an extension of their leave. That was the memo that is from David Lucas that was forwarded to his employees. So having Commissioner Bennett come talk, I don't know will resolve the issue if the understanding from the director is that every city employee will not get to roll overtime. So I'm not... I, I would hope, Mayor, that you could help us to... Maybe you don't wanna talk about it, but how could we, how, help me to figure out how we can discuss this. Well, I suggested earlier that we deal with it on Tuesday. I haven't had the chance to read the, the email that was circulated today for one. Okay. I suspect others have and I proposed on Tuesday we address it at that time, um, in a more substantive way- Well- ... than what I'm prepared to do now. Your -- your propo-- your proposal was to talk to com-- was to ask Commissioner Bennett to come. And what I'm saying is, it looks as if, from the memo, that it's every city employee will not have an extension. No city employee will have a rollover of their time. Well, again. Beyond I haven't gotten a copy of the email today, so I don't know what it said or didn't say, but t- we'll have somebody that's appropriate to address the issues raised. Okay. How ... If that would you- Okay. Thank you, Mayor. That'll be helpful. All right. Thank you. Yeah. All right. Mayor, do you need this in a formal motion? And the only other concern I have is, since we are ... This is a little unprecedented that we're not gonna be able to get an information for our presentation for Tuesday. And there will be some council members who will say, "We w-" ... Uh, there may, could be, perhaps, council members who, um, don't wanna hear the presentation, because we cannot get the, um, handouts in the timeframe to be able to have the presentation. So, I think that we probably need to do a formal vote so that if we do add it on that, then we're in agreement. So, I'd like to suspend the rules and ... Or, I'd like to, I'd, sorry. I'd like to make a motion that we add this on as a presentation for Tuesday's meeting. Second. It's been a long day. Thank you. I have a motion and a second to have a presentation on the issue of, uh, vacation pay by appropriate folks. Uh, have a second by Council Member Gordon. Any discussion? All in favor say aye. Aye. Oppose no. Motion carries. Anything further? Go ahead, Council Member - Just wanna clarify the point of order. Council Member James Rose. Um, the point of order is, we all wanna sit here and debate this and talk about this and care about this, but we've all brought up the issue that when something's not on the agenda and we take action, then it's unfair to the people that didn't get a chance to know what's on the agenda, come down here. That's why it's important to abide by our agenda, so everyone knows what we're gonna talk about and not take action without everyone having a fair say in it. So that's, that's the only reason why we bring the point of order on the following the agenda. It's not that we all don't wanna have a say and debate it. We all do. So, we'll get ou- get our chance Tuesday. Thank you, Mayor. Do I hear a motion to adjourn? That's all right. Second. Have a motion by Council Member Crosby, second by Vice Mayor Gray to adjourn. All in favor, please say aye. Aye. Oppose no. Motion carries. Thank you.