# Urban County Council Meeting - April 8, 2010 > Auto-transcribed civic record · Council · April 8, 2010 - **Permalink**: https://meetings.lexingtonky.news/meeting/1327 - **Source video**: https://lfucg.granicus.com/player/clip/1327?view_id=14&redirect=true - **Date**: 2010-04-08 - **Body**: Council - **Last revised**: June 18, 2026 - **Length**: 10,913 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 met on April 8, 2010, at 7:00 P.M. in Lexington, Kentucky, with Mayor Newberry presiding. The meeting included 3 agenda items spanning ceremonial, informational, and legislative business. Two presentations were delivered to the Council: a proclamation recognizing March to the Mailbox Day and a presentation on the Keep It Real Video Contest. The Council also took up a zoning ordinance for 425 Chilesburg Road, which was approved following 3 motions and votes. One public comment was heard during the course of the meeting. ## Attendance The following 14 members were present at the April 8, 2010 Council meeting: James, Lane, Martin, McChord, Myers, Stinnett, Beard, Blues, Crosbie, Ellinger, Feigel, Gorton, Gray, and Henson. - **Absent:** Lawless - **Late arrivals:** None ## Votes and Decisions Three votes were taken during the April 8, 2010 Council meeting, all of which passed unanimously with 14 ayes and 0 nays. - **Approval of Minutes** [timestamp: 0:01]: Mr. Myers moved and Mr. Blues seconded a motion to approve the minutes of the March 11 and March 25, 2010 Council meetings. The motion passed unanimously (14–0). All members voted in favor: James, Lane, Martin, McChord, Myers, Stinnett, Beard, Blues, Crosbie, Ellinger, Feigel, Gorton, Gray, and Henson. - **Approval of Ordinances Entitled to Second Reading** [timestamp: 22:38]: Mr. Ellinger moved and Mr. Myers seconded a motion to approve ordinances entitled to second reading. The motion passed on a roll call vote of 14–0. All members voted in favor: James, Lane, Martin, McChord, Myers, Stinnett, Beard, Blues, Crosbie, Ellinger, Feigel, Gorton, Gray, and Henson. - **Approval of Resolutions Entitled to Second Reading** [timestamp: 52:46]: Ms. Gorton moved and Ms. Henson seconded a motion to approve resolutions entitled to second reading. The motion passed on a roll call vote of 14–0. All members voted in favor: James, Lane, Martin, McChord, Myers, Stinnett, Beard, Blues, Crosbie, Ellinger, Feigel, Gorton, Gray, and Henson. No members voted against any motion, and there were no abstentions recorded for any of the three votes. ## Budget and Financial Actions The Council addressed three grant-related financial items during the April 8, 2010 meeting, covering public safety, social services, and facility support. - **Safe Havens and Supervised Visitation Program** – The Council considered a grant of **$70,059** to be awarded to **Sunflower Kids, Inc.** in support of the Safe Havens and Supervised Visitation Program. This funding is directed toward services related to supervised visitation, which typically supports families navigating custody and child safety arrangements. - **M.A.S.H. Drop Inn Facility** – A grant of **$180,000** was presented in connection with the M.A.S.H. Drop Inn Facility. No specific vendor or recipient organization was identified in the available records for this item. - **Traffic Alcohol Patrol** – The Council reviewed a grant of **$65,026** designated for Traffic Alcohol Patrol activities. No specific vendor or recipient organization was identified in the available records for this item. No resolution numbers were included in the available data for any of the three items. Readers seeking additional detail on resolution identifiers or the authorizing agencies behind these grants should consult the official meeting minutes or agenda documentation on file with the City Clerk. ## Public Comment One member of the public addressed the Council during the public comment period. - **Mr. McCarthy** spoke on the topic of mortgage defaults [timestamp: 1:11:43]. He criticized the practice of homeowners voluntarily defaulting on their mortgages in response to decreased home values. Mr. McCarthy argued that this approach is financially unwise and detrimental to individuals' long-term financial stability, pushing back against the notion that strategic default is a sound or acceptable course of action for homeowners facing declining property values. ## Appointments The Council took action on several personnel appointments during the April 8, 2010 meeting. The following individuals were appointed to positions within the organization: - **Michelle Gunter** was appointed to the role of HCM Manager at Grade 119E. - **Rob Little** was appointed to the role of Environmental Enforcement Specialist at Grade 115E. - **Ryan Barrow** was appointed to the role of Director of Budgeting at Grade 122E. Each appointment was recorded with the associated grade level, reflecting the classification and compensation tier assigned to the respective positions. The three appointments span a range of functional areas, including human capital management, environmental enforcement, and budget administration. ## Contested Items **Issuance of Taxable General Obligation Pension Funding Bonds** The Council engaged in a heated discussion regarding the issuance of taxable general obligation pension funding bonds. The debate centered on the financial implications of using bond issuance as a mechanism to address pension liabilities, with participants raising concerns about whether this approach represented the most prudent path forward compared to alternative funding methods. The discussion examined the broader consequences of taking on bonded debt to cover pension obligations, with questions raised about the long-term costs and risks associated with this financing strategy versus other available options for addressing the pension funding gap. The extracted record does not specify the individual council members involved in the debate or detail the precise outcome of the vote or deliberation. ## March to the Mailbox Day Proclamation [timestamp: 02:07] Ms. Gorton presented a proclamation declaring **April 10, 2010, as March to the Mailbox Day** in the city. The proclamation was issued in support of the **2010 Census**, with the stated purpose of encouraging residents to mail in their census forms by that date. The presentation emphasized the importance of an accurate census count, particularly as it relates to **federal funding** and **political representation**. An accurate population count determines how federal dollars are allocated to communities as well as how representation is apportioned at various levels of government, making resident participation in the census a matter of direct civic and financial significance to the city. **Mr. David Park Musella** was also a key speaker during this agenda item. The item was informational in nature, with no vote or formal action required beyond the issuance of the proclamation itself. ## Keep It Real Video Contest Presentation [timestamp: 07:17] Ms. Gorton recognized the winners of the Keep It Real Video Contest, a program aimed at reducing underage drinking. The grand prize winners were students from Paul Laurence Dunbar High School, who presented their winning entry, a video titled "Beautiful World." Key speakers during this portion of the meeting included Ms. Gorton, Mr. Andrew Von Neida, and Mr. Rob Gomez. The presentation was informational in nature, with no votes or formal action taken by the Council. ## Ordinance changing the zone for 425 Chilesburg Rd. [timestamp: 15:10] The Council considered an ordinance to change the zoning designation for the property at 425 Chilesburg Rd. from Agricultural Rural to Expansion Area Residential-1 (EA R-1). Key speakers in the discussion included Ms. Feigel, Mr. Mike Webb, and Mr. Richard Murphy. During the discussion, questions were raised regarding water runoff and applicable zoning requirements for the property under the proposed new designation. These concerns reflect the practical implications of transitioning the parcel from an agricultural classification to a residential expansion zone, particularly with respect to how development on the site might affect drainage and stormwater management. The ordinance was ultimately approved by the Council. --- ## Decisions - **Motion** — passed (14-0): Approval of the Minutes of the March 11 and 25, 2010 Council Meetings - **Motion** — passed (14-0): Approval of ordinances entitled to second reading - **Motion** — passed (14-0): Approval of resolutions entitled to second reading --- ## Full transcript Good evening. Let's go ahead and call the council meeting to order if we could. Madam Clerk, would you call our roll for us? Ms. James? Here. Mr. Lane? Here. Ms. Lawless? Here. Mr. Martin? Here. Mr. McCord? Here. Mr. Myers? Here. Mr. Stinnett? Here. Mr. Beard? Present. Mr. Blues? Here. Ms. Crosby? Here. Mr. Gray? And Ms. Henson? Here. Thank you. Thank you. We have a quorum present, so we will proceed. It is my pleasure to welcome to the podium this evening Reverend Tanya Tyler. Reverend Tyler is a moderator of the Disciples of Christ Christian Church here in Kentucky and a pastor of the Smithfield Christian Church in Smithfield. And in addition, she's a member of the Board of Trustees of Lexington Theological. I have good health. Thank you. I don't put everything down. Thank you for this privilege. Please join me in prayer. Source of all wisdom, we call on you to impart your spirit to us here tonight. We ask you to lead us and guide us in our work, to help us listen to and learn from one another, to encourage us and challenge us so that we can improve our city and build it up together and move forward into the future with enthusiasm and a clear, accessible vision of what Lexington can be. Bless all here today with clarity and charity, with focus and fortitude. Hear our prayer this day. Amen. Thank you. Have fun tonight. Thank you very much, Reverend Tyler. We have a couple of sets of minutes for consideration for approval this evening. Is there a motion to approve the March 11 and March 25 minutes? Do I hear a second? I have a motion by Councilmember Meyers, second by Councilmember Blues to approve the March 11 and March 25 minutes. Any discussion? Seeing none. Those in favor, please vote aye. Opposed, no. The motion carries. We have a couple of presentations. Councilmember Gorton was here just a moment. There she is. I'm sorry. I'm sneaking up on you, Mayor. I thought I'd save time that way. Yes, first I want to thank you, Mayor, for your office preparing the March to the Mailbox, a proclamation in such speedy form. And tonight I'd like to ask to come forward Mr. David Park-Mussella. And he is a partnership assistant with the Census 2000. And I would like to read and present him with the proclamation. Come on in. Come close. This proclamation is from Jim Newberry, Mayor of Lexington-Fayette-Urban County Government to all to whom these presents shall come. Whereas the Census is the cornerstone of American democracy and the Constitution requires that the Census count everyone, citizen and non-citizen alike. And whereas 2010 is the year of a decennial Census of the United States. And whereas an accurate and complete count of our nation's growing and changing population is vital to cities' well-being, helping planners determine where to locate schools, daycare centers, roads, public transportation, hospitals and other facilities. And whereas more than $400 billion per year in federal and state funding is allocated to states and communities based in part on Census data. And whereas Census data help determine how many seats each state will have in the U.S. House of Representatives and often is used for the redistricting of state legislatures and local elective offices. And whereas the Census is safe and easy to complete and the information collected is confidential and strictly protected by law. Now, therefore, I, Jim Newberry, Mayor of the Lexington-Fayette-Urban County Government, do hereby recognize the efforts of the U.S. Census Bureau to ensure an accurate Census count by declaring Saturday, April 10th, March to the Mailbox Day in Lexington and Fayette County and encourage everyone in our community to participate in events and initiatives that raise awareness about the Census and to urge all residents to fill out and mail back their Census forms by April 10th, 2010 and is signed by Jim Newberry, Mayor. And I'll present this to David and ask him if he has a few words to say. Thanks for being here. Thank you very much. On behalf of Michelle Ellison and everyone else involved locally in the Census process, much of which is known to you, I would like to thank Mayor Newberry and also Ms. Gordon and the rest of the Council. We really appreciate the support you've graciously shown to us. And we can only express our great appreciation. And personally for me, because this is my newly adopted home down here in this county, in this city, I would just genuinely like to say thank you all very, very much for this. We're glad to have you. And I know I speak for everyone at Urban County Government when I say just count them all. So we're going to count everybody we can get. Great. Thank you for your efforts. And please let us know if we can be of further assistance. All right. We may well take you up on that. Please do. Thank you. And at this time I'd like to invite forward Howard Rupert of the Mayor's Alliance on Substance Abuse. Good evening. I'm Howard Rupert, as she said, with the Mayor's Alliance on Substance Abuse, one of the many volunteers here in the community. And this month, the month of April, is Alcohol Awareness Month. And we wanted to make everyone aware of that. As you well know, alcohol can cause problems on everyone. But we're particularly emphasis upon the underage drinking. And the National Survey, I was reading some notes here today, the National Survey says that children of kids 8, 12 to 17 years of age, and the National Survey 14.6 percent of all those have admitted to drinking or abusing alcohol in the last 30 days of the survey. So it is a thing. We do appreciate the support of the council, Ms. Gordon, Mayor Newberry and all of you have been so supportive of us. And we can get the word out. Thank you all so much. So with that, tonight we want to celebrate our Keep It Real video contest, which occurs every year and is sponsored by the Blue Grass Prevention Center, the Mayor's Alliance on Substance Abuse and the Fayette County Agency for Substance Abuse Policy. And this is the sixth annual contest for area high school students. And this year, this campaign to reduce underage drinking had 75 entries from 15 different schools representing 10 different counties. We have the grand prize winner with us tonight. And before I introduce them and we show the winning video, I'd like to tell you that Fayette County entries came from Bryan Station High School, Henry Clay High School, Lexington Day Treatment Center, Paul Lawrence Dunbar High School, homeschooled students, and the Blue Grass Prevention Center. And this year, we have the Keep It Real website, which is www.keep-it-real.us. So with that said, I'd like to introduce the grand prize winners of this year's video contest, and we'll have them come forward, and I will present the proclamation to them. The title of their video is Beautiful World, and it's the Paul Lawrence Dunbar High School students. Andrew Von Nida, Alex Gomez, and somewhere we have the name of the winner. We have their teacher, Beth McKenzie. So I want to give them a hearty round of congratulations. We're going to present them with the proclamation. And if they have a word before we show the video. So congratulations. Thank you very much. Thank you. Congratulations. Thank you. We didn't really have much planning to know that we were going to speak, but thank you, everybody. I would have made a speech if I had known. Well, if you want to go think about it and come back, we'll be delighted to have you. Don't worry about it. Thank you all very much for being here and for your efforts. Beauty is seen through the eye of the beholder. Drinking blurs your vision. How are you supposed to see how beautiful the world really is when you're under the influence? It's time to open your eyes and see how beautiful the world really is. Keep it real. Don't drink to underage. Well done. Congratulations. Thank you. We are now ready for the reading of ordinances entitled to second reading. Madam Clerk, if you'll proceed. Ordinance number one, an ordinance changing the zone from an agricultural rule A.R. zone to a community center C.C. zone for 337.5 net 52.63 gross acres from an agricultural rule A.R. zone to an expansionary residential three E.A.R. three zone for 90.37 net 92.05 gross acres and from an agricultural rule A.R. zone to an expansionary residential three E.A.R. three zone with a transition area T.A. overlay zone for 14.82 net 16.49 gross acres for the property located at 2950 Winchester Road, a portion of W.W.M. LLC, Osbrook Pro LLC and Polo One LLC amended. Number two, an ordinance changing the zone from an agricultural rule A.R. zone to a community center C.C. zone from an agricultural rule A.R. zone to an expansionary residential one E.A.R. one zone for 12.45 net 12.54 gross acres for property located at 425 Charlesburg Road, Dennis Anderson. Number three, an ordinance amending section 21.52 of the code of ordinances creating one position of administrative officer grade 118E in the division of youth services effective retroactive to June 22, 2009. Number four, an ordinance authorizing and directing the mayor on behalf of the urban county government to execute a letter of approval with the Kentucky Heritage Council for additional federal funds in the amount of $2,032 for the division of historic reservations survey and planning project and increase the amount required for local match by $1,355 in appropriating funds pursuant to schedule number 126. Number five, an ordinance amending the budgets of the Lexington-Fayette-Urban County government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds schedule number 127. An ordinance authorizing and directing the mayor on behalf of the urban county government to accept a grant from the Kentucky Justice and Public Safety Cabinet which grant funds are in the amount of $70,059 federal funds are for the safe havens and supervised visitation program, the acceptance of which obligates the urban county government for the expenditure of $23,354 as a local match to be provided by Sunflower Kids Incorporated, appropriating funds pursuant to schedule number 128 and authorizing the mayor to transfer unencumbered funds within the grant budget and authorizing the mayor to execute an agreement with Sunflower Kids Incorporated for supervised visitation and monitored exchange services at a cost not to exceed $70,059. Number seven, an ordinance 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 Health and Human 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 $180,000 federal funds are for operation of the MASH drop-in facility, the acceptance of which obligates the urban county government for the expenditure of $20,000 to be provided by the MASH drop-in operating budget, appropriating funds pursuant to FY2011 schedule number two and authorizing the mayor to transfer unencumbered funds within the grant budget. And number eight, an ordinance authorizing and directing the mayor on behalf of the urban county government to execute and submit a grant application to the Kentucky Justice and Public Safety Cabinet to provide any additional information requested in connection with this grant application and to accept this grant if the application is approved which grant funds are in the amount of $65,026 commonwealth of Kentucky funds from the law enforcement service fee program are for the support of the cost of police overtime hours for a traffic alcohol patrol, the acceptance of which does not obligate the urban county government for the expenditure of funds, appropriating funds pursuant to FY2011 schedule number three and authorizing the mayor to transfer unencumbered funds within the grant budget. Thank you. That concludes the reading of the ordinances entitled to second reading. Is there a motion to approve those ordinances? I have a motion by Councilmember Ellinger and a second by Councilmember Myers to approve those ordinances. Discussion? Councilmember Feigl. Thank you, Mayor. Actually, I wanted to ask a question about number two, and I don't see anyone from planning here, so I just wondered who might be able to answer my questions. Commissioner Webb, I don't know if you might, but if you'll come forward, we'll see if we can discuss that. I don't believe I'll be able to answer your question, but I'll be glad to go ahead and get you an answer. There was a gentleman here at the last meeting who lived in the area, I think he had a farm in the area, and he showed us some pictures of a bridge that actually washes out water overflows over the bridge during, I guess, not 100-year floods, but probably a two-inch rain. At least that was what he had talked about. And so I began to wonder what kind of requirements do we have in our zoning ordinances that require development to carry their drainage downstream, and what kind of, and how far downstream, and is there any requirement for ensuring that there's capacity to carry that water? I won't be able to give you a direct answer to that, but I will take that forward. I know some types of developments require a CLOMAR, a letter of map revision request, where you have to have a design, you have to determine what structure, what you're building, how much it will raise the water level, and you have to notify folks as part of that process. And once you get the CLOMAR, you can go ahead and do the construction, but then you have to follow up with another study to close it out. Well, since we really don't have anybody here that can really answer my questions, I'm really concerned that we're going to have to do something about that. This might contribute to already what is considered a safety hazard in crossing that bridge. Mr. Murphy, would you like to respond? I represent Dennis Anderson, and I'm here on behalf of the zone change. There was discussion of this at the planning commission. I'm going to confine myself to, I think, what was stated before the planning commission at the hearing. And that is that the water from this property generally goes straight to the reservoir. It doesn't cross the road. The drainage pattern is generally straight to the reservoir. We are adjacent to Jacobson Park. And a portion of this may go another direction for a little bit, then cross our property again and go into the reservoir. I don't think any of it goes to the street. There is a regional detention facility planned for this area as part of the expansion area master plan. And this property and other properties pay exaction fees into the urban county government fund to pay for that regional detention facility, which is going to catch other water as it comes downstream and detain it for a while before it gets to the reservoir. Now, as I mentioned, a lot of our area, our land is between that regional detention facility and the reservoir. So we're going to go to the reservoir. And in the discussion of the storm water at that time, I think it was agreed with all the engineers that it's better for our water to go directly to the reservoir quickly so that it's not detained, so that when the upstream water is released from that detention facility, it doesn't intersect other water that's already detained. In other words, our water has cleared out by the time that water comes across us. And I guess that's a long way of saying I didn't think our property contributed to the issue on the road. We acknowledge there is an issue out there on that road. There certainly is. But our water isn't going that way, and we're being required to provide for our water as part of this zone change application. And we did mention, too, that we will be bringing at least two more plans back to the planning commission for their review in which they can be looking at storm water. That is the final development plan for the storm water plan and the final subdivision plan. Both of those still have to come to the planning commission. Assuming you grant this zone change, they'll be coming to the planning commission later on. Would you say that 100% of your storm water runoff is going to go toward the reservoir or some of it will be going in the other directions? Well, there's a little, it's hard to explain without the map. This is just my guess based upon what our engineer told me at the meeting and talked about. Probably 85% of our water goes directly to the reservoir. Another 15% may route north a little bit, then curve back into Dennis' property and head into the reservoir. I wasn't aware of any of it that was going to the road on this one. I may be wrong, but that's just my general knowledge. Do you anticipate that any of it would be going toward the regional detention pond? Probably none of ours is going to go to the regional detention facility because it's actually upstream. But it's going to catch, it's on the other side of the road, the regional detention facility. So I'm assuming it's going to catch a lot of that water and detain it before it crosses that road. Okay. So you're fairly certain that your drainage is not going to contribute to the problem that's already there. Yes. Okay. Thank you. Any further discussion? Council Member Lane. Mr. Murphy, could you just maybe elaborate a little bit that this is for the zoning, but before a subdivision plan or any permits can be issued that the water issue has to be fully approved? That's absolutely right. All we have now is a preliminary development plan which does not allow us to turn a spade of earth. If you grant the zone change, we have to come in with first our final development plan in which water will have a detailed review and then after that our final subdivision plan in which there will be a final review of our water plans. That's all. Thank you, Mayor. Thank you. Any further discussion? Seeing none, the question before the Council is the approval of the ordinances receiving second reading this evening. We are prepared to vote. Those in favor, please indicate by voting aye electronically. Those opposed, vote nay electronically. And Madam Clerk, please call the roll. Mr. Lane. Yes. Mr. Martin. Yes. Mr. McCord. Yes. Mr. Myers. Yes. Mr. Stennett. Mr. Beard. Aye. Mr. Blues. Yes. Ms. Crosby. Yes. Mr. Ellinger. Yes. Ms. Feigl. Yes. Ms. Gorton. Aye. Mr. Gray. Yes. Ms. Henson. Yes. Thank you. Thank you. Those ordinances are adopted. We are ready to proceed to the ordinances entitled to first reading. Madam Clerk. Ordinance number nine, an ordinance of the Lexington-Fayette-Urban County Government authorizing the issuance of taxable general obligation pension funding bonds series 2010-D in the aggregate principal amount of $35,845,000, which amount may be increased or decreased by an amount of up to 10 percent for the purpose of financing the costs of funding unfunded liabilities of the Lexington-Fayette-Urban County Government approving the form of the series 2010-D bonds, authorizing designated officers to execute and deliver the series 2010-D bonds, authorizing and directing the filing of notice with the state local debt officer, providing for the payment and security of the series 2010-D bonds, creating bond payment funds, maintaining the heretofore established sinking fund, authorizing acceptance of the bid of the bond purchaser for the purchase of the series 2010-D bonds, and repealing inconsistent ordinances. Number ten, an ordinance of the Lexington-Fayette-Urban County Government authorizing and providing for the issuance of $14,400,000 principal amount of sewer system revenue refunding bonds series 2010-A, dated the date of delivery, subject to plus or minus 10 percent adjustment as to the principal upon the sale thereof for the purpose of refinancing the outstanding principal amount of the Lexington-Fayette-Urban County Government sewer system revenue bonds series 2010-A, due July 1, 2014, and thereafter to pay a one percent premium thereon and to fund interest from the last interest payment date to the date on which the bonds will be redeemed, July 1, 2011, setting forth the terms and conditions upon which said series 2010-A bonds are to be issued in outstanding and taking other related actions. Number 11, an ordinance amending section 21-5-2 of the Code of Ordinances creating one percent premium thereon and to provide a one percent premium thereon. Number 12, an ordinance authorizing and directing the mayor on behalf of the Urban County Government to accept a grant from the Kentucky Division of Air Quality, which grant funds are in the amount of $150,000 federal funds, are for the retrofit of 26 set refuse haulers, the acceptance of which does not obligate the Urban County Government for the expenditure of funds within the grant budget. Number 13, 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 130. Number 14, an ordinance 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 $301,664 FHWA planning, which grant funds are in the amount of $44,000 Federal Transit Administration Section 5303, $102,000 Mobility Office SLX, and $54,000 Air Quality Planning SLX. Federal funds are for the Division of Planning Unified Work Program FY2011, the acceptance of which obligates the Urban County Government for the expenditure of $56,562 FHWA planning, $11,000 Federal Transit Administration, $25,500 Mobility Office SLX, and $13,500 Air Quality Planning SLX as a local match, subject to sufficient funds being appropriated in FY2011 and appropriating funds pursuant to FY2011, schedule number 4, and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 15, an ordinance authorizing and directing the mayor on behalf of the Urban County Government to execute and submit a grant application to the Bluegrass Area Development District 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 $90,554 Federal funds, are for the operation of the Senior Citizen Center in FY2011, the acceptance of which obligates the Urban County Government for the expenditure of $160,146 as a local match, appropriating funds pursuant to FY2011, schedule number 5, and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 16, an ordinance authorizing the mayor on behalf of the Urban County Government to execute and submit a grant application to the Kentucky Department of Juvenile Justice 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 $241,845 Commonwealth of Kentucky funds, are for the operation of the Day Treatment Program for the Division of Youth Services, the acceptance of which does not obligate the Urban County Government for the expenditure of funds, appropriating funds pursuant to FY2011, schedule number 6, and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 17, an ordinance authorizing and directing the mayor on behalf of the Urban County Government to accept a grant from the Lexington Payette-Urban County Health Department, which grant funds are in the amount of $491,657 Federal funds, appropriating funds pursuant to FY2011, schedule number 7, 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 Urban County Government to execute and submit a grant application to the Kentucky Transportation Cabinet to provide any additional information requested in connection with this grant application and to accept this grant if the application is approved, which grant funds are in the amount of $491,657 Federal funds, are for the traffic safety program, the acceptance of which obligates the Urban County Government for the expenditure of $491,657 as a local match, appropriating funds pursuant to FY2011, schedule number 8, and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 19, an ordinance authorizing and directing the mayor on behalf of the Urban County Government to accept a grant from the Lexington Payette-Urban County Health Department, which grant funds are in the amount of $491,657 Federal funds, appropriating funds from the Lexington Payette-Urban County Health Department. Number 20, an ordinance authorizing and directing the mayor on behalf of the Urban County Government to execute and submit the 2010 consolidated plan grant application to the U.S. Department of Housing and Urban Development to provide any additional information requested in connection with this grant application and to accept the grant if the application is approved, which grant funds are in the amount of $3,871,166 Federal funds, are for the FY2011 community development block grant program, $2,278,561 home program, $1,500,000 in emergency shelter grant program, $91,513, the exceptions of which obligates the Urban County Government for the expenditure of $351,746 from various funding sources as local cash match and $67,513 in kind match. Appropriating funds pursuant to FY2011, schedule number 9, and authorizing the mayor to transfer unencumbered funds within the grant budget and authorizing the mayor to execute agreements for the approved plan. Number 20, an ordinance amending section 1 of ordinance number 40, 2010, correcting the subsection line number for the position of engineering technician grade 111N in the division of water quality. And number 21, an ordinance amending section 16-43-7 of the code of ordinances to change limits on chemical constituents, contributors, cadmium, hexalant, chromium and mercury to town branch and West Hickman Creek wastewater treatment plants. Thank you. Are there any motions? Vice Mayor Gray. Thank you, Mayor. On number 9, last Tuesday, Councilmember Beard brought up some questions related to the current actuarial condition on the fire and police pension. Do we get any information on that? And actually, Commissioner Runke, I think Councilmember Beard, maybe you can refresh our memory on it. Well, this was involved, and I think Councilmember Stennett also had some information about the current actuarial condition. The folks that I've talked to and others, all I know is what they claim they can do, and they claim that they can lessen the amount that we need to sell bonds for. Now, the technique, how they go about proving that or doing that, I don't know. I was hoping that maybe we could get them up here from Atlanta and at least do a little due diligence on what the concepts are. But we may not need to do that because Councilmember Stennett already has some information, I believe, that he could share, and we could lay that whole question to bed as far as I was concerned. We could be satisfied. So I'm not sure what the question is, but I'm happy to answer it. Well, what is your opinion, I guess, about you say, I think you told me at one time anyway, that you had talked to either these folks or someone parallel to that with an offer to do something for us on this. That is correct, and Mayor, I believe it was in December. It was before the holidays. We had a different company come and present some insurance strategies in order to look for opportunities to fund the pension. I have some significant concerns around that, and I don't know that this moment is the right time to talk about it. But there are other ways that we could look at it. The bottom line is I do have concerns from a risk standpoint. And we hadn't even had our law department take a look at the legality aspects of that, Councilmember Beard. The reason why we're bringing the bonds forth today, we're in a rising interest rate environment right now, and we're trying to take advantage of low rates while we can. And forgive me, I guess on Tuesday, Vice Mayor, I may have misunderstood Councilmember Beard, but I thought we were going to go ahead with this particular issue, but that we were going to have the group come in or have some type of a work group subcommittee discussion on how we were going to look at the balance of how we were going to fund the bond. How we were going to fund our pension obligations. So if I misunderstood you, I apologize. I guess we were trying to stop the 38 million or 35 million, I guess it is, here. I mean, there is a concern, obviously, about the size of our indebtedness, and if there was some way that they could be alleviated, even to some percentage, that would be great. Again, maybe Councilmember Stennett could go offline and maybe we can have a little get-together and make all of us feel more comfortable. Let me, if I may, make the question maybe clear. I'm looking at the June 30th financial statement, Linda. June 30th of 2009. Yeah. And under the assets, we have a $30,607,290 in prepaid items. And it's my understanding that that is prepaid for the pension. And so I think what we're really trying to, what's occurring here is if we are borrowing, if we have assets or we have cash, what is the financial theory that is governing this, the transaction? I think there are a couple of things, and I'm happy to also have the legal aspect if Logan can come up here in a moment. But the first part of that, we did put $70 million in change two years ago, and the way that our statements are prepared, obviously that would show as a prepay into the pension. Because annually there is a set amount that has to be funded. Now the flip side of it, and the reason why I was asking Logan to be available, I think we also had a conversation or a commitment that we would fund $100 million over a certain time frame. And, Mayor, you may want to comment on that. A couple of things. First of all, it was last year that we injected $70 million into the fund. And we are investing money over and above what our annual commitment is into the fund in order to address that accumulated unfunded liability. So that's why there's a $30 million entry on the financial statement. Yes. Now, with respect to the question that Councilmember Beard raised, we've had one or two folks approach us about the insurance option, and I've got to tell you, my antenna went up much as I think anybody's would on first blush here, because to the extent there is a mechanism that would enable us to use a life insurance product to fund the plan, I would love that if it is financially appropriate to do that. Because I don't like the debt service on the bonds any more than anybody else does. It constrains our ability to do a lot of other things that need to be done. However, as we have met with them and had fairly extensive conversations with them, conversations, there were a number of concerns that came to the surface such that it did not make sense, at least on a preliminary basis. We felt to proceed with the life insurance option, and that's more detailed than I recall right offhand, but I do, I think we may have had two of these conversations over the last couple of years. I specifically remember one last fall. And so if we can find a product that works and works effectively to secure the fund, I think it would be wonderful. Our review of what we have heard so far raises questions that haven't been satisfactorily answered, and we're perfectly willing to consider other alternatives that may be out there, such as the vendor you alluded to. And I suppose, you know, we can find a product that works effectively, and we can do that pretty promptly. And if, in fact, some viable option comes to the table between now and the next council meeting when we would have a second reading, great. I've got some concerns about that happening. In the meantime, while we don't have a firm contractual obligation, the course of action that we discussed about a year ago when we were talking about how to address unfunded liability was a six-year plan by which we would ultimately alleviate most, if not all, of the unfunded liability. And so this is the next step in that multiyear plan towards trying to address the unfunded liability. Unfortunately, even after doing this, we're still going to have a significant accumulated liability over the course of the last 35-plus years that we're going to have to attend to sooner or later, and the sooner we do it, the cheaper it is. So that's maybe more background than what you care to have, but that's my recollection. No, it's not more background than I care to have. I enjoy hearing all that, to tell you the truth. I don't know how these people found me or why, to tell you the honest truth. I did ask them for references of other communities that they have done this for, and I have that list upstairs. I'm going to pass that along to Commissioner Rumpke, because I can assure you that if we can find a better option, I'm all for it. It's an ugly problem for our community that we've been talking about for the last three years, and if we can find a less painful way to address it, I would love to do that. So there's no philosophical objection to it other than just making sure that it passes muster from a financial standpoint, and if you'll pass that information along, we'll be glad to pursue it. It will be fine. I'll do that, and I'll get that to you tomorrow. Thank you. I appreciate that. This will be the final. Commissioner Rumpke, I think, and you don't have to do this tonight, but I think before the second read, it would be worthwhile and informing for the council if page 81 on the statement, the financial statement, which addresses the annual pension cost and net pension obligation, if you could just take us through that. Sure. On the actuarial report, is that what you're talking about? Actually, this is the financial statements. And translate these financial statements on page 81 where it has a summary of the annual pension cost. Just translate that with the current actuarial picture is what we need, I believe. Okay. Thanks very much. Thank you, Mayor. Commissioner? I guess I have a question, but also, I guess, a statement that this is a rather, as I indicated at the last meeting, a rather substantial amount of money. And I think that we deal with a lot of issues on this council, but I'm very perplexed why we don't have a special subcommittee of the council to look at this on a regular basis, because there's a number of issues. One is we need to pay for this. This is our obligation, our moral obligation to cover this. And as far as this particular bond issue, I think we sort of agreed to do this, did we not, at the time that we settled last year? And so I guess my preference would be that we would proceed along this. My question to you is, to what extent can these bonds be prepaid, or are these full-term bonds? Greg, we've got Greg Phillips here from Hilliard, so he can give you the exact answer on that. Thank you. These bonds are going to be general obligation bonds, and in addition, the term of the bonds will be 20 years. Typically, in order to get the best interest rate in the marketplace, we do need to put some call protection or call features in that does not allow the urban county government to call the bonds for a period of time. That typically is 10 years. So the bonds will be non-callable for 10 years at the 10-year anniversary, and thereafter, though, they can be called any time without any premium. Okay. Thank you. One of the things that I think a subcommittee would be able to look at is to what extent are these bonds available, and how we can educate the public about the really extreme, serious nature of this obligation in order to, I guess, take the public's mood as to alternative ways to fund this. Ultimately, my concern about a more sophisticated financial vehicle is that the money to pay these pensions ultimately has to come from our community. And my concern about an insurance mechanism, although I'm certainly open to looking at it and exploring that, would be that there would be an opportunity for profit making by a company that would be between our taxpayers and the pension people who are receiving the funds. And so I would be, ultimately, the public, through taxes, will be paying for this pension. And I think, ultimately, we should explore with the public their willingness to stand behind our police and firefighters to ultimately pay this. And I think a task force or committee or commission would be appropriate for this council to look at those and to also explore the nature of the pension itself. Because, obviously, if the amount of pension obligations continue to rise, then that's something that we should be aware of, because it's a rather substantial amount of money. Thank you, Mayor. Thank you. Any further discussion? Council Member Beard. Okay. Maybe not as much, but anyway. All right. If there's nothing further, we'll proceed to the reading of resolutions entitled second reading. Resolution number one, a resolution accepting the bids of Schiller Architectural Hardware, Lexington Building Supply and Congleton Lumber Company, establishing price contracts for doors and steel hardware for the Division of Facilities and Fleet Management. Number two, a resolution accepting the bids of Truckers Lighthouse MPH Industries, Incorporated, Adamson Industries Corporation, Priority One Emergency Radio Communications Systems, Incorporated, doing business as RCS Communications, and Galls and Aramark Company, LLC, establishing price contracts for emergency equipment for the Division of Police. Number three, a resolution accepting the bid of ProTech Security Sales, establishing a price contract for ballistic vests for the Division of Police. Number four, a resolution accepting the bids of Task, Incorporated, establishing a price contract for Greenways Maintenance for the Division of Engineering. Number five, a resolution accepting the bid of Jason Tate Contractor, establishing a price contract for Sidewalk Ramp Installation Reconstruction Program 2010 for the Division of Engineering. Number six, a resolution accepting the bids of S&T Fencing, Incorporated, Herb Getty's Fence Company, Incorporated, Rio Grande Fence, ZKB Construction Services, LLC, Meyers Fence, LLC, and Shuck Fence Company, Incorporated, establishing a price contract for fencing for the Division of Parks and Recreation. Number seven, a resolution accepting the bids of Anaconda Sports, Incorporated, Sports Supply Group, Incorporated, S&S Worldwide, Riddell Fly House, Incorporated, NASCO, Cannon Sports, Bill Fritz Sports Corporation, Pyramid School Products, Active Sports, Main Street Outfitters, and Mid-South Baseball, Incorporated, establishing a price contract for athletic equipment for the Division of Parks and Recreation. Number eight, a resolution authorizing the Mayor on behalf of the Urban County Government to accept a donation from CMW Real Estate, LLC, of six concrete planters for the use of the Division of Parks and Recreation at no cost to the Urban County Government. Number nine, a resolution authorizing the Mayor on behalf of the Urban County Government to accept a donation of concrete material reject from Cloud Concrete for use by the Division of Fire and Emergency Services at no cost to the Urban County Government. Number ten, a resolution authorizing the Mayor on behalf of the Urban County Government to execute an amendment to a lease agreement with WDKY, Incorporated, for the use of radio tower space and facilities extending the term of the lease three years and providing for additional renewals subject to sufficient funds being appropriated in future fiscal years at a cost not to exceed $25,800 in FY2010. Number 11, a resolution authorizing the Mayor on behalf of the Urban County Government to execute a professional services agreement with Jessica Barker as a sexual assault nurse examiner to provide on-call forensic examinations under the sexual assault nurse examiner program at a cost not to exceed $40 for each scheduled on-call period, $230 for each completed forensics examination, $50 per case for professional testimony in court and the reasonable cost of medical liability insurance. Number 12, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an agreement with the Owensboro Police Department for the transfer of equipment used for IED training purchased with funds awarded by the Kentucky Office of Homeland Security to the Owensboro Police Department. Number 13, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an amendment to agreement with the Kentucky Transportation Cabinet for extension of the old Frankfort Pike-Alexandria Drive stone fence project through June 30, 2011 at no cost to the Urban County Government. Number 14, a resolution authorizing the Mayor on behalf of the Urban County Government to execute agreements with Eastern Little League Baseball Incorporated, $1,150, Overbrook Homeowners Association Incorporated, $700, and Bluegrass Council of Boy Scouts of America, $250. For the office of the Urban County Council at a cost not to exceed the sums stated. Number 15, a resolution authorizing the Mayor on behalf of the Urban County Government to execute a memorandum of understanding with Kentucky State Police for Kentucky Internet Crimes Against Children Task Force at no cost to the Urban County Government. Number 16, a resolution authorizing the Mayor on behalf of the Urban County Government to execute an agreement with Prevostar Incorporated for emergency management planning software at a cost not to exceed $5,000. Number 17, a resolution accepting the proposal of Veolia ES Technical Solutions LLC in the amount of $110,702.50 for hazardous waste disposal and hazardous waste collection services for the spring clean 2010. Number 18, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute and submit a grant application to the Kentucky's Justice and Public Safety Cabinet and to provide any additional information requested in connection with this grant application which grant funds are in the amount of $270,000 federal funds and are for the continuation of the street sales drug enforcement project. Number 19, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a license agreement with the Kentucky Bicycle and Bikeways Commission for use of its share the road artwork at no cost to the Urban County Government. Number 20, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an amendment to agreement with the Kentucky Transportation Cabinet for extension of the Safe Routes to School Project through June 30, 2011 at no cost to the Urban County Government. 21, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an agreement with Lexington Community Land Trust Incorporated for mitigation services for the Newtown Pike Extension Project at a cost not to exceed $250,000 in federal grant funds. 22, a resolution authorizing the Mayor on behalf of the Urban County Government to execute change order number one to the contract with Team Contracting LLC for Town Branch Primary Fluid Pump Replacement Project for the Division of Water Quality increasing the contract price by the sum of $188,192 from $1,340,000 to $1,528,102. And number 23, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute change order number one to the contract with Mac Tech Engineering for Landfill Water Quality and Monitoring for the Department of Environmental Quality increasing the contract price by the sum of $60,000 from $76,600 to $136,600. Thanks. That concludes the reading of the resolutions entitled to second reading. Is there a motion to approve? Move approval. I have a motion by Councilmember Gordon and a second by Councilmember Henson that those resolutions be approved. Is there any discussion? Seeing none, we'll proceed to vote. Those in favor of approving the resolutions receiving second reading, please indicate the voting aye electronically. Those opposed, vote nay electronically. Madam Clerk, please call the roll. Ms. James? Mr. Lane? Yes. Mr. Martin? Yes. Mr. McCord? Yes. Mr. Myers? Yes. Mr. Stennett? Yes. Mr. Beard? Aye. Mr. Blues? Yes. Ms. Crosby? Yes. Mr. Ellinger? Yes. Ms. Feigl? Yes. Ms. Gorton? Aye. Mr. Gray? Yes. And Ms. Henson? Yes. Thank you. Thank you very much. Those resolutions are approved. We're now ready for the reading of resolutions entitled to first reading. Madam Clerk? Resolution number 24. Okay. Sorry. I can't count, can I? 24, Resolution Accepting the Bid of Haynes Trucking, LLC, Establishing a Price Contract for Crushed Glass Transport for the Division of Waste Management, 25, a Resolution Accepting the Bid of Minifield Enterprise in the Amount of $58,964 for Police Roll Call West Renovation for the Department of General Services and the Division of Facilities and Fleet Management, 26, a Resolution Accepting the Bid of Brintag Mid-South Incorporated, Establishing a Price Contract for Swimming Pool Chemicals for the Division of Parks and Recreation, number 27, a Resolution Accepting the Bid of GNK Services, Establishing a Price Contract for Uniform Renovation for the Division of Facilities and Fleet Management, 28, a Resolution Accepting the Bid of Glove Planet, LLC, Establishing a Price Contract for Disposable Gloves for the Division of Community Corrections, 29, a Resolution Accepting the Bid of Easy Pack Holdings, LLC, in the Amount of $36,670.64 for Vehicle Repair of Damaged Front in Loader for the Division of Facilities and Fleet Management, number 30, a Resolution Accepting the Bid of Elite Petroleum Incorporated, Establishing a Price Contract for 15W40 Motor Oil for the Division of Facilities and Fleet Management, 31, a Resolution Accepting the Bid of BCD Incorporated in the Amount of $419,500 for the Division of Facilities and Fleet Management, number 30, a Resolution Accepting the Bid of BCD Incorporated in the Amount of $419,500.01 for the LFUCD Municipal Recycling Facility Renovation for the Department of Environmental Quality and the Division of Waste Management and authorizing the Mayor on behalf of the Urban County Government to execute an agreement with BCD Incorporated related to the bid, 32, a Resolution Ratifying the Probationary Civil Service Appointments of Michelle Gunter, HCM Manager, Grade 119E-2003-5527 Bi-Weekly in the Division of Enterprise Solutions, effective March 15, 2010, Rob Little, Environmental Enforcement Specialist, Grade 115E-2100 Bi-Weekly in the Division of Environmental Policy, effective May 10, 2010, Ryan Barrow, Director of Budgeting, Grade 122E-3269-23 Bi-Weekly in the Division of Environmental Policy, effective April 26, 2010, Ratifying the Permanent Community Corrections Officer Appointments of Jacob Crawford, Nicholas Elko, Yolanda Elko, Dustin Nguyen, Community Corrections Sergeant, Grade 112N in the Division of Community Corrections, effective November 11, 2009. Number 33, a Resolution of the Lexington-Fayette-Irvin County Government authorizing the Advertisement for Bids in the Distribution of a Preliminary Official Statement for the Purchase of the Principal Amount of its $35,845,000.00. Taxable General Obligation Pension Funding Bonds, Series 2010-D, which amount may be increased or decreased by an amount of up to 10%. Number 34, a Resolution of the Lexington-Fayette-Irvin County Government accepting the lowest and best bid received for the Purchase of $14,420,000.00 Principal Amount of the Lexington-Fayette-Irvin County Government Sewer System Revenue Refunding Bonds, Series 2010-A, and providing for the interest rates and bond maturities in respect of such Series 2010 bonds and taking other related actions. Number 35, a Resolution authorizing the Mayor on behalf of the Irvin County Government to execute a Public Acquisition Plant dedicating 292 square feet of Higbee Mill Park as right-of-way for the Clay's Mill Road Improvement Project. Number 36, a Resolution rescinding Resolution No. 51-2010 accepting the bid of Tri-County Ford Mercury Incorporated in the amount of $97,014.00 for pickup trucks equipped with snow removal equipment for the Division of Facilities and Fleet Management. Number 37, a Resolution authorizing and directing the Mayor on behalf of the Irvin County Government to execute an estimated grant application to the U.S. Department of Justice and to provide any additional information requested in connection with this grant application, which grant funds are in the amount of $181,107.00 federal funds under the State Criminal Alien Assistance Program and offer reimbursement of costs related to the incarceration of undocumented criminal aliens. Number 38, a Resolution authorizing the Mayor on behalf of the Irvin County Government to execute an agreement with the Fayette County Commonwealth Attorney's Office for services for the Cold Case Project at a cost not to exceed $10,000.00. Number 39, a Resolution authorizing the Mayor on behalf of the Irvin County Government to execute an amendment to agreement with the Fayette County Commonwealth Attorney's Office for reduction of the amount of funds provided to the Commonwealth Attorney's Office for services to the Street Sales Drug Enforcement Project by $25,203.00 from $51,664.00 to $26,461.00. Number 40, a Resolution authorizing the Mayor on behalf of the Irvin County Government to execute a facility usage contract with the Fayette County Board of Education for use of Winburn Middle School gym and library at a cost not to exceed $24,120.00. Number 41, a Resolution authorizing the Mayor on behalf of the Irvin County Government to execute a facility usage agreement with the Fayette County Board of Education for the Extended School Program and Recreational Environment and Learning to be used as a facility usage contract and program 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 access agreement with SHIELD Environmental Associates, Inc. for access to the Town Branch Wastewater Treatment Plant property for installation of a monitoring well 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 a memorandum of understanding with the Mayor on behalf of the Irvin County Government at a cost not to exceed $73,966.00. Number 44, a Resolution authorizing the Division of Waste Management to purchase a HYO Multipack Waste Collection Body from Central Indiana Truck Equipment Corporation, a sole source provider, at a cost not to exceed $161,358.00. Number 45, a Resolution pursuant to Code of Ordinances Section 18-66 designating the speed limit on Berea Road as 35 miles per hour and authorizing and directing the Division of Traffic Engineering to install proper and appropriate signs in accordance with the designation. Number 46, a Resolution authorizing the Mayor on behalf of the Irvin County Government to execute agreements with Lafayette High School's Girls Booster Club, Incorporated, $550.00 and YMCA of Central Kentucky, $600.00 for the office of the Irvin County Council at a cost not to exceed the sums stated. Number 47, a Resolution authorizing the Mayor to take all appropriate action, including legal action, to compel representatives of Kentucky American Water Company to appear before the Irvin County Council as soon as practicable to explain its request for a rate increase under Public Service Commission rating case number 2010-00036 to respond to questions relating to the rate increase, to respond to questions relating to its appearance before the Council in August of 2007, and to respond to questions about other related materials. Thank you. That concludes the reading of Resolutions entitled to first reading. Are there any motions? Council Member McCord. Thank you, Mayor. I'd like to suspend the rules on number 35 and number 46. 35 is on the Claysmill Road Improvement Project and just moving this last piece of land and then 46 is moving forward, the NDF funds. Did I understand correctly, it was 35 and 46? Do I hear a second? Second. All right. Are there others? Council Member Stennett. Thank you, Mayor. Number 32, so we can get second right now on positions. They can start before the beginning of the budget. Thank you, Mayor. For Resolution number 33 for second read, this would permit advertising for the bonds, and there is an issue about meeting a deadline to place that advertising. All right. Any others? I have a motion to suspend the rules and to give second reading to items 32, 33, 35, and 46. Are there any others? All in favor of suspending the rules for second reading on those items, please indicate by saying aye. Opposed, no. Motion carries. Madam Clerk. Number 32. A resolution ratifying the probationary civil service appointments of Michelle Gunter, HTM Manager, Grade 119E-2003-55-27, biweekly in the Division of Enterprise Solutions, effective March 15, 2010. Rob Little, Environmental Enforcement Specialist, Grade 115E, $2,100 biweekly in the Division of Environmental Policy, effective May 10, 2010. Ryan Barrow, Director of Budgeting, Grade 122E-3269-23, biweekly in the Division of Budgeting, effective April 26, 2010. Ratifying the permanent community corrections officer appointments of Jacob Crawford, Nicholas Elko, Yolanda Elko, Dustin Winn, Community Corrections Sergeant, Grade 112N in the Division of Community Corrections, effective November 11, 2009. Number 33. A resolution of the Lexington-Fayette-Urban County Government authorizing the appraisement for bids and the distribution of a preliminary official statement for the purchase of the principal amount of its $35,845,000 taxable general obligation pension funding bonds, Series 2010-D, which amount may be increased or decreased by an amount of up to 10%. Number 35. A resolution authorizing the Mayor, on behalf of the Urban County Government, to execute a public acquisition plan dedicating 292 square feet of Higbee Mill Park as a right-of-way for the Clay's Mill Road Improvement Project. And number 46. A resolution authorizing the Mayor, on behalf of the Urban County Government, to execute agreements with Lafayette High School Girls Booster Club, Incorporated, 550 and YMCA of Central Kentucky, $600 for the office of the Urban County Council at a cost not to exceed the sums stated. Thank you. Is there a motion to approve those resolutions? I have a motion by Council Member Blues and a second by Council Member McCord. Any discussion? Seeing none, we'll proceed to vote. All in favor of approving those resolutions, please indicate by voting aye electronically. All opposed, vote nay electronically. Madam Clerk, please call the roll. Mr. Martin? Yes. Mr. McCord? Yes. Mr. Myers? Yes. Mr. Stennett? Yes. Mr. Beard? Aye. Mr. Blues? Yes. Ms. Crosby? Yes. Mr. Ellinger? Yes. Ms. Feigl? Yes. Ms. Gorton? Aye. Mr. Gray? Yes. Ms. Hinson? Yes. Thank you. Thank you. That takes us down to communications from the Mayor. All of those are for information purposes only. We're now ready for announcements. Does any Council Member have announcements? Council Member McCord? Just a quick word, Mayor, that during the Creative City Summit today we had one of those really good days, as you had mentioned, Congressman Chandler and First Lady Beshear, yourself, and really a whole cast of characters that have made the Legacy Trail possible. It's great to have a press conference where you have more people on the stage than maybe in the audience. And it just goes to show the level of involvement of so many different types of folks across our community in this project. And so it was just one of those days where you look back and you say, gosh, drawing things on napkins and dreaming and scheming and a lot of hard work is coming to fruition. So I appreciate everything that has been done. I just appreciate all of those who saw this vision and have put money towards it and their creativity. And it's just one of those great days to be in Lexington. It was indeed. And let me just add to that to the extent any members of the Council or the public are interested, I understand there is construction work going on along Newtown Pike between New Circle Road and Citation Boulevard on the right as you go out. And then further out close to the horse park along Iron Works Pike near the entrance to the campground of the horse park, there's also some construction work underway there. So it's an exciting project. And thanks for all of your involvement over the years. Council Member James. Thank you, Mayor. Council Members, as you know, I'm a member of our tree board. I received an e-mail from government communications, and I wanted to read this to our citizens and to you as well in hopes that you'll forward this information to your constituents. The Lexington Tree Board has issued a citizen advisory that makes general recommendation about treating ash trees for the emerald ash borer. The insect has devastated ash tree populations in northern states and has been found in central Kentucky Many ash trees located in private and public property have already been found to be infested. This is a quote from our tree board chair. There are more than one half million ash trees in Fayette County. Every ash tree is at risk of being severely affected or killed by the insect unless they're successfully treated. There is a tree board handout that is available through the city's website at www.lexingtonky.org. If you go to the main website of lexingtonky.gov, you can find that. The handout there offers some simple instructions on determining if a homeowner can treat the tree themselves or if they should seek professional help from a certified arborist or tree specialist. For trees that can be treated by a homeowner mid to late spring, which is why the announcement is so important now, is the best time to treat the ash trees with an insecticide available at most larger garden supplies or nurseries. Larger trees that will require professional insecticide injections should also be treated this spring. So I just wanted to, again, we've talked about this months before when it was very first found to be here, but now is the time for treatment. If you have any questions or comments and you need more information, please see the website or feel free to contact LexCALL at 311 for more information. Thank you, Mayor. Thanks. Council Member Feigl. Thank you, Mayor. Just to add on to what Council Member James has just mentioned about the ash tree board. Last fall, I believe it was, we actually put together a video and they are now showing that again on GTV3. I don't know where the schedule is, but if you can find the schedule, there are two different videos that will tell you how to treat the trees. One is the topical treatment and the other one is the injection treatment. So those are being aired right now on GTV3 for residents to get a little more information. Also wanted to comment on the Creative City Summit, too. Had a great time over there today. When we hear information there that we believe is relevant for our city, that we come back and actually put together an action plan to try and implement some of those ideas. In fact, one of the sessions that I went to today presented some information that was absolutely very relevant to a meeting that I had to come back over here for. So it's very interesting. You may not learn everything you need to know, but in one session I came back and had information that was very relevant to what was going on in the city. Also wanted to just again welcome Stephen Lawrence Limited to the 5th District. They're going to have a ribbon cutting tomorrow in the Idle Hour Shopping Center at 1 o'clock. And I would like to announce that the Lansdowne Merrick Neighborhood Association will be meeting on April 13th at the Humanities Center. And that the San Manuel Baptist Church at 730. And that the Lakeshore Village Association will be meeting on Wednesday the 14th at 7 o'clock at their clubhouse. And we will be there to address concerns related to the deterioration of Sonnet Cove and to report to the Association on our meeting with the receivership management and their progress since they took over in January. And also to talk a little bit about their total rehabilitation plan. And that's good news for the people that live in that area. So just wanted to invite people to come to that. Do we have a disciplinary matter for us to attend to? I've been asked to read this agreement of conformity for Officer Jeffrey T. Jackson, who has committed the offense of misconduct in violation of General Order 73-2H Operation Rules Section 102. This occurred in November, 21st of November 2009. He responded inappropriately to verbal insults and challenges from the subject who was in custody. The recommendation is 20 hours suspension without pay. Move approval. I have a motion with Council Member Gorton, a second with Council Member Henson to approve the recommended discipline. Any discussion? All in favor, please say aye. Opposed, no. The motion carries. Thank you, Commander. And with those announcements, we'll proceed to public comment. Does any member of the public wish to address the Council? Mr. McCarthy. Your Honor and members of the Council, up until a few weeks ago, I thought the notion of sabotaging our downtown streets is the stupidest thing I ever heard of. But I think somebody, according to two different newspaper articles that I read 1,100 miles apart from each other, somebody has topped that. The authors of these articles were urging people to voluntarily quit paying their mortgages and lose their houses back to the banks, just because the values of those houses had dropped by a lot. And they were urging people to pay their mortgages below the amount they still owe. This is absolutely nuts. Because no matter how much they think they're losing, continuing to pay on the house they currently own, they seem to forget the other expense that they will incur if they walk away from that house. If you cease owning a house, you have to go back to renting one. Unless you want to be homeless forever, which puts your life in danger and costs even more. And if someone defaults on one mortgage, it's going to be anywhere from seven to ten years before that will go off their credit reports and that they would be able to get another mortgage to buy another house. And the amount they'll have to pay to rent one in the meantime is a heck of a lot bigger loss than what they think they've lost based on values dropping from the current recession. Unfortunately, too many people only look at one side of the equation and ignore the other side. And I think we need perhaps a massive effort to educate the public that they've got to look at both sides. Count all the costs, not just the one that's staring them in the face right at the moment. I do not want to see people go from owning back to renting. I've put too much of my time and energy into trying to shove things the other way and turn tenants into owners over the last 19 years. And I sincerely believe we're better off having as much of the population own as possible. And while what a house is theoretically worth today versus what it was worth two years ago may scare the daylights out of a lot of people, you've got to consider a lot of those prices are going to come right back up again once the recession is over. Plus, like I say, unless they have inherited a house from a relative that just died or have somewhere else to go, they're going to be stuck paying rent if they lose the roof over their head now. It's one thing to lose a house because you've lost your job and you can't make the payments, but it's plumb stupid for someone who still has the job, still has the income, to just lose it on purpose because they don't like how much the value dropped. Thank you, Mr. McCarthy. Does any other member of the public wish to address the council? Seeing none, Council Member Martin. Thank you, Mayor. Thank you, Mayor. There's nothing further. Motion to adjourn would be in order. I have a motion by Council Member Myers and a second by Council Member Gorton to adjourn. All in favor, please say aye. Opposed, no. Motion carries. Thank you.