Let's go ahead and call the council meeting to order if we could please. First item on the agenda as always is the roll call. Madam Clerk. Ms. Lawless? Mr. Martin? Mr. McCord? Here. Mr. Myers? Here. Mr. Stinnett? Yes, ma'am. Mr. Beard? Present. Mr. Blues? Here. Ms. Crosby? Here. Mr. Ellinger? Here. Ms. Feigel? Here. Ms. Gordon? Here. Mr. Gray? Here. Ms. Henson? Here. Ms. James? Here. And Mr. Lane? Here. Here. Thank you. We have a quorum, so we're prepared to proceed. Our invocation tonight will be given by Darian Sanders, the Spiritual Life Director at Lexington Christian Academy. Mr. Sanders Bow your head and pray with me Dear Heavenly Father, God, we just thank you for tonight God, we just thank you for everyone Coming into this place together God, we're just here to honor you and glorify you And God, I just thank you for Sarah Beth God, just bringing her into everyone's life Everyone she's come in contact with, both on the court and off the court God, I just ask you to continue to bless this world The way that you have And the way that you will, God In your precious name we pray. Amen. Thank you. Councilmember McCord, we'll turn the podium over to you for a special presentation. Thank you, Mayor. You know, there are awards and then there are awards. And Lexington had a very unique distinction bestowed upon it just a few weeks ago, and that was that Lexington had the first Miss Kentucky basketball in our city's history. Sarah Beth Barnett from Lexington Christian Academy was named Miss Kentucky basketball. That award is given by the Lions Club, and Mr. Steve Nelson is here from the Lions Club, and I'm going to have him stand up and speak in just a moment about that particular game. But if you think of all the amazing talent, basketball talent that has come in and out of this city over its history, to think that this is the very first Miss Kentucky basketball to ever win that honor from this town, that's a pretty big deal. And so I'm very proud to represent the district that the school is in. But more than that, I'm proud to call Sarah Beth my cousin. And she, just a few years ago, was about four years old in our wedding in 1996. And so to see her perform well in this arena and in all the arenas that she chooses to play in is just really gratifying for us and our family. And so it's with great pleasure and honor that I want to read a commemoration from the city to you. And so it goes like this. Where is Sarah Beth Barnett? a graduate of Lexington Christian Academy, was named 2010 Kentucky Miss Basketball, as voted upon by the state's high school coaches. And whereas under Coach Jason Siemens, Miss Barnett led Lexington Christian Academy to the Houchins KHSAA Girls Sweet 16 Championship in 2007, plus an unprecedented three straight Touchstone Energy All-A Classic Championships in 07, 08, and 09. Whereas, while at Lexington Christian Academy, Ms. Barnett scored 1,928 points and pulled down 1,076 rebounds. And whereas she will be the eighth Kentucky Miss Basketball, an award presented by the Kentucky Lions Eye Foundation to play for the Kentucky Wildcats. and whereas in 2010, Ms. Barnett led the Eagles to the regional tournament, averaging 23.6 points a game, 8.7 rebounds, 2.4 steals, 2.2 assists, and 1.9 block shots. And whereas during Ms. Barnett's career, Lexington Christian Academy amassed an overall record of 127 wins, 29 losses, including a 22-7 record this past season. Whereas Ms. Barnett set a school and career record this year by scoring 43 points against Louisville Doss High School, and whereas Ms. Barnett was named most valuable player of the 2009 All-A championship game and is also the winner of the Gatorade Kentucky Player of the Year honor presented in March 2010. Therefore, now I, Jim Newberry, mayor of Lexington Fayette Urban County Government, on behalf of all Fayette Countians, commemorate Sarah Beth Barnett for her selection as the 2010 Kentucky Miss Basketball, Lexington's first Miss Basketball since the award's inception in 1976. This 22nd day, April 2010, signed Mayor Jim Newberry. And if you would join with me in applauding this great effort, I think it certainly would be. Steve, if you'll join me here, and Sarah Beth, if you want to come to the mic, if you'd like to say just a little bit about the Kentucky Lions and their involvement in the ballgame, and then if you'd like to say anything, Sarah Beth, and then we're going to take some pictures. Mayor, Vice Mayor, and Council Members, it's indeed an honor and a pleasure to be here in this chamber this evening. and honor such a, I'm going to go ahead and say, lovely and talented individual as this young lady. The All-Star Game, let me say before I forget, will be June the 11th in Louisville. And for additional information, you can obtain that on the Kentucky Lions I Foundation website. So having said that, I think it's proper that we now recognize recognize and turn the show over to this ultra-talented individual. It's just amazing. What a package. I mean, both on and off the court, all you hear are wonderful, special things. It doesn't happen often. Sometimes it's very talented athletic, sometimes very personable, but rare do you find it in combination. And we have that in Sarah Beth. Thank you. I would just like to say thank you to Lexington for recognizing me, and I really appreciate it. And thank you for this experience, and it just means a whole lot, and I'm really excited still. So thank you. And normally we have the mayor come down and take pictures, but I think since this is such a rare occasion, if all the council members would join us down here and let's take a picture with Sarah Beth, I think that would probably be appropriate. Thank you. Thank you. Thank you. All right, Madam Clerk, it's time for the reading of the ordinances entitled to a second reading. Ordinance number one, 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% 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 two, 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 2010A, dated the date of delivery subject to plus or minus 10% adjustment as to 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 2001A due July 1, 2014, and thereafter to pay a 1% 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 2010A bonds are to be issued and outstanding and taking other related actions. Number three, an ordinance amending Section 2152 of the Code of Ordinances creating one position of Enterprise Systems Developer Senior, Grade 118E, in the Division of Enterprise Solutions. Number four, an ordinance authorizing and directing the mayor on behalf of the urban county government to accept a grant from the Kentucky Division for Air Quality, which grant funds are in the amount of $150,000 federal funds, are for the retrofit of 26 refuse haulers, the acceptance of which does not obligate the urban county government for the expenditure of funds, appropriating funds pursuant to Schedule No. 129, and authorizing the mayor to transfer unencumbered funds within the grant budget. Number five, an ordinance amending certain of the budgets of the Lexington-Fayette Urban County Government to reflect current requirements for municipal expenditures in appropriating and reappropriating funds, Schedule No. 130. Number six, 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, $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, fiscal year 2011, 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 fiscal year 2011, appropriating funds pursuant to fiscal year 2011 Schedule No. 4, and authorizing the mayor to transfer unencumbered funds within the grant budget. 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 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 fiscal year 2011, the acceptance of which obligates the urban county government for the expenditure of $160,146 as a local match, appropriating funds pursuant to fiscal year 2011, Schedule No. 5, and authorizing the mayor to transfer unencumbered funds within the grant budget. Number eight, 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 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 fiscal year 2011, Schedule number 6, and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 9, an ordinance authorizing and directing the mayor on behalf of the Urban County Government to accept a grant from the Lexington Fayette Urban County Health Department, which grant funds are in the amount of $491,657 federal funds, are for the Home Network Project at the Family Care Center, the acceptance of which does not obligate the Urban County Government for the expenditure of funds, appropriating funds pursuant to fiscal year 2011, Schedule number 7, and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 10, 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 $65,000 federal funds are for the Traffic Safety Program, the acceptance of which obligates the Urban County Government for the expenditure of $65,000 as a local match, appropriating funds pursuant to fiscal year 2011, Schedule No. 8, and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 11, 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 fiscal year 2011 Community Development Block Grant Program, $2,278,561, Home Program $1,501,092, and Emergency Shelter Grant Program $91,513, acceptance of which obligates the urban county government for the expenditure of $351,746 from various funding sources as a local cash match and $67,513 in-kind match. Appropriating funds pursuant to fiscal year 2011, Schedule No. 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 12, an ordinance amending Section 1 of Ordinance No. 40-2010, correcting the subsection line number for the position of engineering technician Grade 111N in the Division of Water Quality. Number 13, an ordinance amending Section 1643-7 of the Code of Ordinances to change limits on chemical constituent contributors, cadmium, hexalent chromium, and mercury to Town Branch and West Hickman Creek wastewater treatment plants. Thanks. Is there a motion to approve those ordinances? I have a motion to Council Member Myers and a second to Council Member Lane to approve the ordinances receiving second reading. Is there any discussion? Seeing none, let's vote. Those in favor? I'm sorry, Council Member Lawless. On number three, creating a position of enterprise systems developer senior in the division of enterprise solutions. It seems like a lot of those have come by here. Yes, sir. Does that go in your division? It does go in the Division of Enterprise Solutions. There are nine positions, and over the course of the last few months, each one is being brought in, I believe. That's my understanding from HR. Okay. Thank you. Any further discussion? Those in favor of approving the ordinances, please indicate by voting aye electronically. Those opposed, vote nay electronically. Madam Clerk, please call the roll. Ms. Lawless? 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. Feigel? Yes. Ms. Gordon? Aye. Mr. Gray? Yes. Ms. Henson? Yes. Ms. James? Mr. Lane? Yes. Thank you. Those resolutions are approved. We're now ready for ordinances entitled to first reading. Madam Clerk. Ordinance number 14, an ordinance authorizing the Mayor on behalf of the Urban County Government to execute and submit a grant application to the Commonwealth of Kentucky Office of Highway Safety 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 $25,000 federal funds are for click it or ticket safety belt enforcement mobilization, the acceptance of which does not obligate the urban county government for the expenditure of funds, appropriating funds pursuant to Schedule No. 131 and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 15, an ordinance authorizing 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 $25,000 federal funds, are for a speed enforcement project, the acceptance of which does not obligate the urban county government for the expenditure of funds, appropriating funds pursuant to fiscal year 11, schedule number 10, 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 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 $10,000 federal funds, are for a collision reporting quality control project, the acceptance of which does not obligate the urban county government for the expenditure of funds, appropriating funds pursuant to fiscal year 2011, Schedule No. 11, and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 17, an ordinance amending Section 2318 of the Code of Ordinances setting a minimum and maximum age for applicants, removing the requirement for a six-month recruitment cycle, adopting the State Fire Commission's physical fitness test, providing that rankings are based on a combined score, providing that the eligibility list shall expire at the end of the recruitment cycle unless extended by the Director of Human Resources and the Fire Chief, providing that the permanent removal of applicants who do not meet the criteria set forth in KRS 95.440 and the applicable sections of the Code of Ordinances, and removing the Rule of Five. Number 18, an ordinance of the Lexington-Fayette Urban County Government making certain findings concerning in establishing a development area for economic development purposes within the Lexington-Fayette Urban County to be known as the Turfland Town Center 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. Number 19, an ordinance amending Section 1 of Ordinance No. 54-2010, correcting the subsection line number for the position of Administrative Officer, Grade 118E, in the Division of Youth Services. Number 20, an ordinance authorizing and directing the mayor on behalf of the urban county government to accept a grant from the Bluegrass Community Foundation, which grant funds are in the amount of $525,000, are for expansion of broadband access in Lexington-Fayette County to improve access to underserved neighborhoods and enhance public safety, the acceptance of which does not obligate the urban county government for the expenditure of funds, appropriating funds pursuant to Schedule No. 132 and authorizing the mayor to transfer unencumbered funds within the grant budget. No. 21, an ordinance authorizing and directing the mayor on behalf of the urban county government to accept a grant from the Financial Commission for Appalachia High Intensity Drug Trafficking Area, which grant funds are in the amount of $2,000 federal funds are for narcotics investigation activities for the Division of Police, the acceptance of which does not obligate the urban county government for the expenditure of funds, appropriating funds pursuant to Schedule No. 133 and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 22, an ordinance authorizing and directing the mayor on behalf of the urban county government to execute and submit a grant application to the Kentucky Department of Education, Division of School and Community Nutrition 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 $146,985 federal funds, are for the 2010 Summer Food Service Program, the acceptance of which does not obligate the urban county government for the expenditure of funds, appropriating funds pursuant to Schedule No. 134, authorizing the mayor to transfer unencumbered funds within the grant budget, and authorizing the mayor to execute an agreement with the Board of Education of Fayette County, Kentucky, for preparation and delivery of meals at a cost not to exceed $2.56 for each lunch, $1.58 for each breakfast, and $0.68 for each snack. Number 23, an ordinance authorizing and directing the mayor on behalf of the urban county government to accept a grant from the Kentucky Department for local government, which grant funds are in the amount of $75,000 federal funds, are for construction of the Coolivan Rail Trail, the acceptance of which obligates the urban county government for the expenditure of $75,000 as a local match, appropriating funds pursuant to Schedule No. 135 and authorizing the Mayor to transfer and encumbered funds within the grant budget. Number 24, 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 $595,600 federal funds, are for continuation of the Chemical Stockpile Emergency Preparedness Program, the acceptance of which does not obligate the Urban County Government for the expenditure of funds, appropriating funds pursuant to Schedule No. 136 and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 25, 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 No. 137. Number 26, an ordinance amending Section 2253.1 of the Code of Ordinances setting a minimum and maximum age for applicants, removing the requirement for a six-month recruitment cycle, providing that rankings are based on a combined score, providing that the eligibility list shall expire at the end of the recruitment cycle unless extended by the Director of Human Resources and the Chief of Police, providing that the permanent removal of applicants who do not meet the criteria set forth in KRS 95.440 and the applicable sections of the Code of Ordinances, and removing the Rule of Five. Thank you. Are there any motions with regard to those? Council Member Stennett. Thank you, Mayor. I have a couple requests for a second reading on a couple of the ordinances having to do with public safety. Do you have a walk-on first? There's a walk-on first, I think. All right. Council Member Wallace. I move to place on the docket for tonight's meeting an ordinance accepting the bid of Woodall Construction Company in the amount of $2,603,629.38 for the Lexington Downtown Streetscape Phase I Improvements East Main authorizing the Mayor to execute an agreement with Woodall Construction Company Inc. related to the bid and appropriating funds to the budget. Schedule number 0138. So moved. Second. I have a motion and second to add that item to tonight's docket for first reading. Any discussion? Council Member Martin. Thank you, Mayor. Is there a committee of Commissioner Webb? Yes, sir. Commissioner, what's the amount of this contract? Do you know that? Council Member Lawless, can you read the amount? $2,603,629.38. And this is for the area of East Main Street. Start at Limestone. Limestone. And we'll go to Elm Tree. Okay. I appreciate it. I have a question for our Finance Commissioner as well. Thank you. I appreciate it. Okay. Is Linda. Thank you very much. So is this, these funds going to come from bonding? Is that where? They've already been bonded. It was included in the GO bond that we did earlier this year. Right. Are these funds able to be repaid early? Is that part? There are certain parameters under which we can't. I mean, I think you remember from budget and finance that typically you don't guarantee X number of years that your funds are going to be outstanding. And forgive me, I don't know if it's five or seven. Ten years. Is this one ten? Ten years. Okay, ten years. So we're committed. Once we borrow these funds, what happens if we don't build the project? We can use them for similar as long as it's not specific. Is that correct, Chip? There are spend-down provisions to the bond proceeds. So, Bill, you know, you want to answer some of this question as far as the bond proceeds that we sold bonds for in January? You have, there's spend-down provisions. You can't float bonds and then not use them, correct? So to the extent that you have projects that qualify for it, then you can use them for that. And, excuse me, just to be a little even more specific, depending on how the project is listed within our bond documents, if it's specific and it says Main Street, Streetscape, blah, blah, blah, blah, then it has to be used for Main Street, Streetscape, blah, blah, blah, unless it's a de minimis amount, you know, a few thousand dollars here and there. If it says streetscape, then there's a little more latitude. And I'm sorry, I don't have the bond document, but I'm happy to get that for you. Thank you. Well, we're going to, I think, vote on it at this point. But my concern, just to other members of the Council, is whether we're trading this project for our 2010 repaving funds. For a number of years, we've floated $3 million of bonds each year to work on repaving of Lexington streets. And my concern is that projects such as this, while absolutely valid and absolutely desirable, are going to prevent us from floating the $3 million to repave the streets. So I guess I can't support this at this time, but I suspect my fellow council members may. So thank you very much. Thank you. Council Member Wallace. Yes, Commissioner Webb. I think this is for that from Elm to Lyme on Maine, East Main. But our discussion earlier, we're signing the contract for all of that, but only from Martin Luther King to Lyme is going to be completed before this summer. And I just want the council to be clear because that's what we voted to bond after the funds didn't come through to pay for it. So I just want everybody to be clear about what we're doing here. That is correct. The contract is for that entire piece. However, where we are in the construction year versus when we need to be off the street for the World Equestrian Games, it will only allow us to get the block from limestone to Martin Luther King completed. One of the limiting factors, if you recall, whenever we move quickly on the last contract, is the mast arms. They have quite a bit of lead time. In this particular block, the only mast arm that's affected would be the mid-block crossing, which all the infrastructure will be put in for that, but that mast arm will not go in before the games. It would be after the games when it was delivered. We would be able to get the sidewalks done on both sides of the street, and we actually bid this contract with a schedule for construction, which got the contractor off the street by August 20th and is allowed to come back based on the weather for the construction year and how they process. Our schedules show coming back late winter, early spring when you can pour concrete, but in discussions with the contractor, we were agreeable to work with them until you couldn't pour concrete any longer. So it may extend further than that after the games, but before the games, that one block, and that's a significant block, that's almost 50% of the entire project. I just didn't want anybody to be surprised. I appreciate the question so everyone's clear on it. And I want the public to not be surprised. But the contract is, and the contract amount is for the construction all the way to Elm Tree, which will be a, the remainder will be accomplished after the games. Thank you. The question on the floor is to amend the, well, is to walk on this particular ordinance tonight. Any further discussion on that issue? All in favor of walking on the proposed ordinance, please indicate by saying aye. Aye. Opposed, no. I have two no votes. Council Member Feigl and Council Member Martin voted against the motion. Madam Clerk, would you give that ordinance its first reading? Thank you. 138. That will be ordinance number 27. Thank you. Now, Council Member Stennett. Thank you, Mayor. I have a second reading request for a couple of items for Division of Police in the hiring process, number 17 and number 26, so that they can go ahead and get the applications and the process started on the street, because it does take quite a long time to hire another police recruit class. So moved. I have a motion and second to suspend the rules for purposes of giving Second reading to items number 17 and 26. Yes, sir. All in favor of suspending the rules, please indicate by saying aye. Aye. Opposed, no. Motion carries. Madam Clerk. Number 17 for second reading, an ordinance amending section 2318 of the Code of Ordinances, setting a minimum and maximum age for applicants, removing the requirement for a six-month recruitment cycle, adopting the State Fire Commission's Physical Fitness Test, providing that rankings are based on a combined score, providing that the eligibility list shall expire at the end of the recruitment cycle unless extended by the Director of Human Resources and the Fire Chief, providing that the permanent removal of applicants who do not meet the criteria set forth in KRS 95.440 and the applicable sections of the Code of Ordinances, and removing the Rule of Five. Number 26. And ordinance amending section 22-53.1 of the Code of Ordinances, setting a minimum and maximum age for applicants, removing the requirement for a six-month recruitment cycle, providing that rankings are based on a combined score, providing that the eligibility list shall expire at the end of the recruitment cycle unless extended by the Director of Human Resources and the Chief of Police, providing that the permanent removal of applicants who do not meet the criteria set forth in KRS 95.440 in the applicable sections of the Code of Ordinances and removing the Rule of Five. Thank you. Is there a motion to approve those ordinances? I have a motion by Council Member Blues, second by Council Member Lane. Any discussion? Council Member Crosby. Yes, I have a question on Number 17. I see Chief Hendricks, and I think it's a pretty easy question. Is the State Fire Commission's physical fitness test the same physical fitness test that everyone will have to take? I can't remember the time frame, but somebody had told us at one point there was a state physical fitness test that everyone in the department would have to pass by a certain date in the future. It's not exactly that way. But by the year 2013, I believe it is, all hiring done by professional fire departments within Kentucky would have to use the CPAT testing as recommended by the Fire Commission. And that's what this is? Yes, ma'am. Okay, thank you. Anything further? Seeing none, let's proceed to vote. Those in favor of those two ordinances, please indicate by voting aye electronically. Those opposed, vote nay electronically. and Madam Clerk, please call the roll. Ms. Lawless? 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. Feigel? Yes. Ms. Gordon? Aye. Mr. Gray? Yes. Ms. Henson? Yes. Ms. James? Yes. And Mr. Lane? Yes. Thank you. Those ordinances are approved. If there are no further motions, we'll proceed to the reading of resolutions entitled a second reading. Madam Clerk. Resolution number one, a resolution accepting the bid of Haynes Trucking LLC establishing a price contract for crushed glass transport for the Division of Waste Management. Number two, a resolution accepting the bid of Minifield Enterprise in the amount of $58,964 for a police roll call west renovation for the Department of General Services and the Division of Facilities and Fleet Management. Number three, 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 four, a resolution accepting the bid of G&K Services, establishing a price contract for uniform rental for the Division of Facilities and Fleet Management. Number five, a resolution accepting the bid of Glove Planet, LLC, establishing a price contract for disposable gloves for the Division of Community Corrections. Number six, a resolution accepting the bid of EZPAC Holdings, LLC, in the amount of $36,670.64 for vehicle repair of damaged front-end loader for the Division of Facilities and Fleet Management. Number seven, a resolution accepting the bid of Elite Petroleum, Inc., establishing a price contract for 15W40 motor oil for the Division of Facilities and Fleet Management. Number eight, a resolution accepting the bid of BCD, Inc., in the amount of $419,500.01 for the LFUCG 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, Inc. related to the bid. Number nine, resolution of the Lexington Fayette Urban County Government accepting the lowest and best bid received for the purchase of $14,420,000 principal amount of Lexington Fayette Urban County Government sewer system revenue refunding bonds, Series 2010A, and providing for the interest rates and bond maturities in respect of such Series 2010 bonds, and taking other related actions. Number 10, a resolution rescinding Resolution No. 51-2010, accepting the bid of Tri-County Ford Mercury, Incorporated in the amount of $97,014 for pickup trucks equipped with snow removal equipment for the Division of Facilities and Fleet Management. Number 11, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute and submit a grant application to the U.S. Department of Justice and to provide any additional information requested in connection with this grant application, which grant funds are in the amount of $181,107 federal funds under the State Criminal Alien Assistance Program and are for reimbursement of costs related to the incarceration of undocumented criminal aliens. Number 12, a resolution authorizing the mayor on behalf of the urban 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. Number 13, a resolution authorizing the mayor on behalf of the urban 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, from $51,664 to $26,461. Number 14, a resolution authorizing the Mayor on behalf of the Urban 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. Number 15, a resolution authorizing the mayor on behalf of the urban 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 program at no cost to the urban county government. Number 16, a resolution authorizing and directing the mayor on behalf of the urban county government to execute an access agreement with Shield Environmental Associates Incorporated for access to the town branch wastewater treatment plant property for installation of a monitoring well at no cost to the urban county government. Number 17, a resolution authorizing and directing the mayor on behalf of the urban county government to execute a memorandum of understanding with the University of Kentucky Research Foundation for specialized fecal coliform sampling and analysis in the Wolf Run watershed at a cost not to exceed $73,966. Number 18, a resolution authorizing the Division of Waste Management to purchase a Hyle Multipack Waste Collection Body from Central Indiana Truck Equipment Corporation, a sole source provider at a cost not to exceed $161,358. Number 19, 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 20, a resolution calling upon the Mayor to take all appropriate action, including legal action, to compel representatives of Kentucky American Water Company to appear before the Urban County Council as soon as is practicable to explain its request for a rate increase under Public Service Commission Rate Case No. 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 matters. Thanks. Is there a motion to approve those resolutions? I have a motion by Council Member Lawless and a second by Council Member Gordon to approve the resolutions. Is there any discussion? Council Member Stemmett. Thank you, Mayor. I had a question on number 20, and I know Logan Askew is not here, Commissioner of Law. I assume, Keith, when I assume you're filling in, pitch hitting. If my colleagues recall, six weeks ago we all passed a resolution that says basically the same thing as this resolution says, except the difference being is this asks for legal action to be taken to compel Kentucky American to come before us. And I'm just curious, Keith, maybe you can elaborate as to have we figured it out. I think we all received a memo from the law department in terms of there is no basis from a legal standpoint, from the law department's opinion to compel Kentucky American to come. So, again, we passed the resolution six weeks ago. We all passed it unanimously, asking them to come, objecting to the rate case. And then this is a second resolution before us. It says basically the same thing, except that we're asking now the mayor and LFUCG to spend legal dollars and sue them basically to come. So do you want to reiterate the law department's stance and opinion? Well, first let me say, if you want to discuss potential litigation, you probably want to consider doing in closed session. I don't think we have any choice, Mayor. Then I move to go into closed session so we can discuss matters of legal. Second. I have a motion by Council Member Stennett and a second by Council Member Myers to go into closed session for purposes of discussing potential litigation. Any discussion? All in favor say aye. Aye. Opposed, no. Motion carries with Vice Mayor Gray dissenting. If members of the public would step outside for a few moments, we'll let you know when we're ready to reconvene in open session. I have a motion by Council Member Lawless and a second by Council Member Ellinger that we come out of closed session. Any discussion? All in favor say aye. Aye. Opposed, no. The motion carries. My recollection, Madam Clerk, subject to your reminding me otherwise, is that we have a motion on the floor to approve resolutions, all 20 resolutions that received their second reading. Yes, sir. Mayor, can I finish up my comments? Council Member Stennett. Thank you, Mayor. In light of our closed session and being that this body did pass unanimously six weeks ago, to oppose the Kentucky American Water Company rate increase. We did ask them to come down. It's rather unfortunate that they chose not to come down. Four of us did submit questions to the PSC to be asked under oath, and those questions have to be answered, and hopefully we'll get the answers from that point. We'd like for them to come down, but this resolution is the same as we did six weeks ago, except the legal issue of going forward to sue them to get them here. Unfortunately, since we cannot reach an agreement on that, I'll be forced to vote against that resolution. Thank you, Mayor. I have Council Member Crosby next. Do you wish to speak, ma'am? I have a question on number three, please. This is regarding the price contract for swimming pool chemicals. I'm wondering, since it's in the Mayor's proposed budget, that two pools be closed. if that price contract took into consideration that not all pools would be open or will that be revised? Councilman Crosby, the price contract would just stipulate the unit price. The number of units that we would purchase under that contract would change if we did not open all the bulls. So we're going to vote on something that probably will be changing after the Mayor's proposed budget is what you're saying? After we approve a budget if it includes poll question? No, the price contract itself would not change. Oh, I'm sorry. The amount that we purchase off of that price contract would change. Thank you. That answers my question. Council Member Myers. Thank you, Mayor. I, too, on this resolution on number 20, I'm going to have to vote against that because I don't think it's appropriate to try to sue the company to bring them in here when they're already under litigation with the PSC. I, too, am against the rate increase. I would like to know why they didn't contract with anybody else downstream to purchase some of that water to offset that cost to our citizens. I hope they answer that question or oath with the PSC, but I am going to vote against this resolution because I don't think it's appropriate to sue them to get them in here. Thank you. Council Member McCord. Thank you, Mayor. And along that same line, I want to be in the record that I strongly am against this rate increase. Voted along with all 14 other council colleagues six weeks ago to send that message to Kentucky American Water. Voted to be an intervener in the case. Was one of four council members to submit questions to be answered under oath. I in no way, shape, or form support this rate increase, but I'm going to have to not support this motion due to the fact it wasn't written by our legal department and that it is written in a fashion that I don't believe is appropriate under the PSC's hearings. And unfortunately, I find it unfortunate that this council could not find a 15-0 vote to show our displeasure and that the way that this council votes tonight has absolutely nothing to do with how we feel about a rate increase because we all, I believe, are vehemently against this. And however that is portrayed in the public, I think I want it to be stated for the record that that is how this council feels, this council member in particular. But it's unfortunate we could not come to agreement on this particular motion due to the way it was written and to the legality of this motion. Council Member Henson. Thank you, ma'am. I do, based upon the opinion of our law department, regrettably, I'm not going to support this resolution, the second reading. I appreciate the vice mayor's efforts in this, but I feel like we've taken the action necessary six weeks ago, and it's disappointing to me that Kentucky American can't come forward and answer questions for the citizens of Fayette County. But with the current litigations going on, I just feel like I can't support this resolution. Thank you. Council Member Lane? Thank you, Mayor. I also voted to request that Kentucky American come down and speak to council. And I've also been publicly quoted in the papers thinking that the increase is excessive. And so I'm very disappointed about that also. But as my other council members have said, I think this ordinance is not legally enforceable. And that's more or less the opinion of our legal department. So I will not be supporting it either. Thank you, Mayor. Council Member James. Thank you, Mayor. In regards to item number 20, regarding the water, asking Kentucky American Water to appear and for us to take, for the mayor to take all appropriate action, I will be supporting this motion. The vote, the 15-0 vote before was wonderful. It's wonderful when council can all agree to something. It's a rare thing. and I think especially on big issues. But we're not always going to agree, and it's not always going to be 15-0, unfortunately. But I think on behalf of our ratepayers, of the ratepayers, and not only that, but the work that's going to have to go into trying to help people pay their water bills, I mean, that affects social services agencies. It affects a lot of things, and it rolls over. We've got to do everything we can and continue to do that. We've asked once. I think we need to ask again. If they deny, decide to not come, that's on them. And the mayor should take all appropriate action. I do believe so, to compel them to come. They are the only people providing the service. So I think we need to continue to do all we can. Thanks, everybody before, for the 15-0 vote. I wish we could get that today, but today I guess we've got to vote how we feel, how we really feel about the water company and its services. Thank you. Vice Mayor Greg. This resolution is consistent with what seven of us asked for over two years ago, which was for us to examine, ask questions of the water company. Now, we failed to pass that two and a half years ago. We now have an opportunity to ask questions of the water company again about the project. And that's why I support it. We'll continue to support it. Thank you, Mayor. Council Member Martin. Thank you, Mayor. I, too, voted to support the resolution requesting that Kentucky American Water come down and tell us what steps it's taken to reduce the impact of a potential rate increase on our citizens. And I was very disappointed when they didn't come down. I think that could have headed off a rift among the council and the obvious current dispute that we have. I, too, asked and submitted questions for Kentucky American to ask in connection with the rate increase. Through the Public Service Commission, they are required under law to answer those under oath, and our legal counsel will have the ability to cross-examine them in depositions about those questions and about their answers. I do not, however, believe that we have a legal basis to sue Kentucky American Water in order to compel them to come here. We have a ability, lots of different things, but I don't think we have the ability to have them appear before us. Stance, your point? Excuse me. With all due respect, Council Member Martin, I think you're getting into fuzzy closed session comments. Thank you. May I respond? I'm merely stating what I think, which we all have done. The point is overruled, you may proceed. And I also believe that this resolution is inconsistent with our status as an intervener in the PSE rate case. I'm very concerned that suing Kentucky American Water in a state court outside the PSC rate case could have an adverse effect on our ability to challenge the rate case through the PSC. So I'm going to vote against this. Thank you, Mayor. Any further discussion on any of the resolutions? Council Member Crosby. Mayor, maybe we should suggest that we pull out number 20 for a separate vote. Since there's been so much comments on it, it probably just seems reasonable to pull that out so we can get the rest of the business. If there's no objection, we will vote on them separately. I've just got a question that I think we need to address. If the law department is not in a position to proceed to represent us in this matter, and if I'm going to be expected to initiate legal action, And I guess I am curious as to where the money is coming from and whether or not I'm authorized to retain Mr. White's farm or some other to represent us. And I think that needs to be addressed in the resolution if that is the intent. Council Member Blitz. Thank you, Mayor. This is not in response to your question, but I've been... Didn't Council Member Crosby make a motion to separate? You need to make a motion for it if we're going to separate it out. All right. Okay, I'll make that motion that we separate. We have a motion by Council Member Crosby and a second by Council Member McCord to separate number 20. Any discussion on that motion? All in favor of them, please say aye. Aye. Opposed, no. Motion carries. I think since we're kind of in the middle of the discussion on number 20, it makes some sense to go ahead and continue with that at this point. And so, Council Member Blues, any discussion on number 20 would be in order at this point. Thank you, Mayor. Mayor. Very reluctantly, I am reading Mr. White's opinion, listening to our own legal counsel, reading the paragraph in question about the obligation of the water company to designate a responder to questions, I simply do not think we have a case for legal action. And while I very much regret that the water company will not come down and honestly and openly answer questions of concern to us and to our rate payers, I don't think that this resolution will resolve that issue. And so quite reluctantly, I must say, I cannot support it. Thank you, Mayor. Council Member Feigl. I'm a little confused about the way this is worded. It basically says that we are asking for legal action if it is appropriate. And I think on many levels we've discussed this, and it is my impression from hearing from all those who advise us that we've done everything that is appropriate. The only thing that we haven't done that was probably appropriate is to ask Kentucky American Water to come in and answer our questions prior to any kind of rate case for a rate increase. Certainly they have to be accountable to us, but at this particular point in time, they are accountable to the PUC. I regret that we did not ask for them to come in and speak to this body long before this issue got to where it is today. I don't think that we have a legal basis to require them to come in. Although I'm extremely upset, as everyone on this council is, about this rate increase, we think it is extremely unfair. but because we didn't ask them to come in at the appropriate time to respond to us, now we're put in a position to ask them to do something that probably is not legal. So I can't support this. Council Member Wallace. I want to clarify that I will be supporting this. The resolution does not, it's not a resolution to sue anybody. It's a resolution to a stronger worded resolution to ask the water company, who is the sole provider of a product for our community and who we have a contract with, to come and talk to us. And for that reason, I will be supporting this. I think it's important that if we have a contract with somebody that makes the kind of profit they're guaranteed to make, they have an obligation to talk to this council and to speak to the citizens about what's going on and how they're. So clarifying, this is not a resolution to sue anybody. Council Member Crosby. I, too, just want to comment on the legalities of this. Obviously, I'm not an attorney, and we've gotten various legal opinions from a lot of people who really are not experts in this area. So I believe that we are saying that we don't have the ability to take action against the sole beneficiary of our water supply based on the agreement we have, but yet we've fully heard that we have not had anybody who is an expert in that area advise us. which is concerning to me that we're saying there is no grounds for legal action. So that's a concern that I have based on some of the comments I've heard my colleagues make tonight. And I'll leave it, stop there. Thank you. Any further discussion? Council Member Beard. Excuse me. I would like to move that we table this until we get a chance to either recraft it so that we can discuss with the Kentucky American other issues other than the rate case itself. So move. Do I hear a second? Motion does for lack of a second. Any further discussion on the motion on item number 20? Seeing none, we're prepared to vote. Those in favor of approving resolution number 20, please indicate by voting aye electronically. Those opposed, vote nay electronically. And Madam Clerk, please call the roll. Ms. Lawless? Yes. Mr. Martin? No. Yeah. Is there a mover and a seconder for approving this resolution? It would be the same. I think it was Council Member Crosby made the motion to divide, and Council Member Ellinger was to second. Council Member McCord, Council Member McCord, was to second. Ms. Lawless? Yes. Mr. Martin? No. Mr. McCord? No. Mr. Myers? No. Mr. Stennett? No. Mr. Beard? Yes. Mr. Blues? No. Ms. Crosby? Yes. Mr. Ellinger? Ms. Beigle? Ms. Gorton? Aye. Mr. Gray? Yes. Ms. Henson? No. Ms. James? Yes. Mr. Lane? No. Motion. The resolution fails by vote of 8 to 7, or 7 in favor, 8 against. We're now ready to vote on items 1 through 19. Is there any discussion on items 1 through 19? Seeing none, we'll proceed to vote. Those in favor of approving resolutions number 1 through 19, please indicate by voting aye electronically. Those opposed, vote nay electronically. And Madam Clerk, please call the roll. Ms. Lawless? Yes. Mr. Martin? Yes. Mr. McCord? Yes. Mr. Myers? Yes. Mr. Stennett? Mr. Beard? Aye. Mr. Blues? Ms. Cosby? Aye. Mr. Ellinger? Ms. Feigel? Yes. Ms. Gorton? Aye. Mr. Gray? Yes. Ms. Henson? Yes. Ms. James? And Mr. Lane? Yes. Thank you. Those resolutions are unanimously approved. We're now ready to move to resolutions entitled to first reading. Madam Clerk. Resolution number 21, a resolution accepting the bid of Vogelpole Fire Equipment, establishing a price contract for heavy-duty power rescue tools for the Division of Fire and Emergency Services. Number 22, a resolution accepting the bid of Bluegrass Fire Equipment, establishing a price contract for firefighter protective clothing for the Division of Fire and Emergency Services. Number 23, a resolution accepting the bid of A&A Safety Incorporated, establishing a price contract for hydraulic USAR Rescue Tools HD for the Division of Fire and Emergency Services. Number 24, a resolution accepting the bids of Pierce Blackburn Roofing and Culcrith Roofing and Sheet Metal, establishing price contracts for roofing repairs and maintenance for the Division of Facilities and Fleet Management. Number 25, a resolution accepting the bid of Accent Wire, establishing a price contract for Bailing Wire Recycling Center for the Division of Waste Management. Number 26, a resolution accepting the bid of Murray State University in the amount of $107,455 for the Communications Infrastructure Operations Center for the Division of Emergency Management 911 and authorizing the mayor on behalf of the Urban County Government to execute any necessary agreement with Murray State University related to the bid. Number 27, a resolution accepting the bid of Sartan Services Incorporated in the amount of $315,630 for the medical ambulance bus for the Division of Fire and Emergency Services. Number 28, a resolution accepting the bid of Republic Services of Kentucky, LLC, doing business as M&M Sanitation, establishing a price contract for transportation and processing of recyclable materials for the Department of Environmental Quality and the Division of Waste Management. Number 29, a resolution accepting the bids of Tom Chestnut Excavation and Construction, LLC, Haynes Trucking, LLC, Woodall Construction Company, Inc., and G&G Paving and Construction, Inc., establishing price contracts for equipment rental with operator for the Division of Streets, Roads, and Forestry. Number 30, a resolution accepting the bid of emergency equipment, establishing a price contract for high-pressure air lifting bag system and accessories for the Division of Fire and Emergency Services. Number 31, a resolution authorizing the mayor on behalf of the urban county government to accept a donation of four 30-foot highway barriers from ATS construction for use by the Division of Fire and Emergency Services at no cost to the urban county government. Number 32, a resolution authorizing and directing the mayor on behalf of the urban county government to execute a facility usage agreement with various baseball leagues for spring season March 8, 2010 through July 31, 2010. Number 33, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute Amendment No. 10 to the contract with NTRAN, formerly known as American Consulting Engineers PLC, for professional services for the Newtown Pike Extension Project, increasing the contract price by the sum of $159,036 from $6,066,969.51 to $6,226,05.51. sense. Number 34, a resolution authorizing the Mayor on behalf of the Urban County Government to execute and submit a grant application to the Kentucky Cabinet for Economic Development and to provide any additional information requested in connection with this grant application, which grant funds are in the amount of $300,000 Commonwealth of Kentucky funds and are for the Project Craftsman Economic Development Bond Project. Number 35, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a purchase of service agreement with Farm and Garden Market Cooperative Association, Incorporated, doing business's Lexington Farmers Market for the Farmers Market. Number 36, a resolution authorizing and directing the Division of Traffic Engineering pursuant to Code of Ordinances, Section 1886, to install multiway stop controls at South Point Drive and Clearwater Way. Number 37, a resolution authorizing the Mayor on behalf of the Urban County Government to execute agreements with LexLink, $200, Lexington Local Investment Commission, $1,150, the Golf Townhouses of Andover Estate Section Homeowners Association, Inc., $1,000. The Police Athletic Activities League of Lexington, Inc., $250. Woodhill Neighborhood Association, Inc., $1,250. Creekside and Andover Unit 2 Homeowners Association, Inc., $1,000. KBCA, Inc., $200. And Brookfield Chase Neighborhood Association, Inc., $163.85. For the Office of the Urban County Council, Etta Costnott to Exceed the Sun stated. Number 38, a resolution authorizing the mayor on behalf of the Urban County Government to execute change order number one to the contract with Judy Construction Company for West Hickman Creek Wastewater Treatment Plant Equipment Improvements for the Division of Water Quality, increasing the contract price by the sum of $25,611 from $722,250 to $747,861. Number 39, a resolution expressing the urban county government's strong opposition to the rate increase requested by Kentucky Utilities Company in Public Service Commission Rate Case Number 2009-00548, requesting that Kentucky Utilities Company appear before the urban county council to explain the necessity of the increase, and directing the clerk to notify the public service commission, the Kentucky Attorney General, and Kentucky Utilities Company. Number 40, a resolution authorizing and directing the mayor on behalf of the urban county government to execute agreements with Gulfview Estates Neighborhood Association Incorporated, $1,000, Meadow Loudon Neighborhood Association Incorporated, $850, and Residents Incorporated, $1,250 for the office of the urban county council at a cost not to exceed the sum stated. Number 41, a resolution authorizing and directing the mayor on behalf of the urban county government to execute an agreement with Bluegrass Pride Incorporated for services for the community energy awareness program at a cost not to exceed $225,000 in energy efficiency and conservation block grant funds. Number 42, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an agreement with Energy Cap Incorporated for energy management software training and maintenance for three years at a cost not to exceed $113,887.50 in energy efficiency and conservation block grant funds. Number 43, a resolution authorizing the mayor on behalf of the Urban County Government to execute a partial release of easement releasing a portion of a parking and access easement on property located at 366 McConnell's Trace. Number 44, a resolution authorizing the mayor on behalf of the Urban County Government to execute a partial release of easement releasing a portion of a sanitary sewer easement on property located at 367 McConnell's Trace. Number 45, a resolution authorizing the mayor on behalf of the Urban County Government to execute a release of easement releasing a sanitary sewer easement on property located at 3100 and 3110 Wall Street. Number 46, a resolution authorizing and directing the mayor on behalf of the urban county government to execute and submit a grant application to the U.S. Department of Homeland Security and to provide any additional information requested in connection with this grant application, which grant funds are in the amount of $140,000 federal funds under the 2010 Assistance to Firefighters Grant Program and are for the purchase of a propane-fueled burn room prop. Number 47, a resolution authorizing the Special Events Commissioner to execute an agreement with Direct Connect to accept payments for Spotlight Lexington commemorative items via credit card. Number 48, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a Seventh Amendment to Agreement with AmeriNational Community Services Incorporated for loan servicing for the home and CDBG housing rehabilitation and home ownership programs to extend the agreement through June 30, 2012 at an additional cost not to exceed $60,000. Number 49, a resolution authorizing the mayor on behalf of the Urban County Government to execute concession contracts with various concessioners for various youth baseball leagues. Number 50, a resolution authorizing the mayor on behalf of the Urban County Government to execute the claim payment agreements for Platinum PPO, Gold PPO, and Silver HDHP, and authorizing the mayor to execute an amendment to the plan management agreement and the stop-loss policy with Humana Insurance Company for the administration of health care claims for the period of January 1, 2010 through December 31, 2010. Number 51, a resolution authorizing the mayor on behalf of the urban county government to execute a license and sponsorship agreement with Fifth Third Bank and the Downtown Lexington Corporation Foundation for construction of the Fifth Third Bank Pavilion located in Cheapside Park. Number 52, a resolution amending Section 1 of Resolution No. 788-2009, which ratified probationary civil service appointments, correcting the division for Tanya Walters, Staff Assistant Senior, Grade 108 N, 13.130, hourly, from Division of Facilities and Fleet Management to Division of Building Inspection, effective December 7, 2009. Number 53, a resolution authorizing the Department of Finance and Administration to designate an Energy Improvement Fund within the Department of Environmental Quality for the funding of emergency management measures, initiatives and programs, and improvements to facilities to be funded by and through cost reductions and savings realized through such energy-related actions with the appropriate personnel within the Department of Environmental Quality and the energy management team to review energy-related projects and determine the amounts to be placed in the fund. Number 54, a resolution providing that Wayne Baskoni, attorney at law, shall be engaged as needed during a three-year term to provide legal bill review services as required by Executive Order 2008-3. Thank you. I understand there are some opposed walk-ons. Council Member Blues? Thank you, Mayor. I do have a motion to place on the docket of resolution authorizing the Mayor to execute a memorandum of agreement with the Kentucky Finance and Administration Cabinet and the University of Kentucky establishing mutual obligations related to the construction of the new Eastern State Hospital. So moved. I have a motion by Council Member Blues and a second by Council Member Myers to add that item to the agenda for this evening. Any discussion? All in favor say aye. Aye. All opposed, no. Motion carries. Madam Clerk. I think there are a couple more. We can go ahead and do them all at once. Council Member Henson, had you? I move to place on the docket a resolution ratifying the probationary civil service appointments of employees to the Urban County Government. Do I hear a second? I second. I have a motion by Council Member Henson, second by Council Member Lane, to add that item to the docket this evening. Any discussion? All in favor, say aye. Opposed, no. The motion carries. Thank you, Mayor. I move to place on the docket a resolution authorizing the Mayor to execute a scenic byway and highway application for submission to the Kentucky Transportation Cabinet for designation of the Winchester Road corridor as a scenic byway. Second. I have a motion by Council Member Feigel and a second by Council Member Gordon to add that item to tonight's docket. Any discussion? Council Member Stennett. So, Councilman Feige, will that application cover all of Winchester Road inside the circle or just outside the circle? It's what? Not all of it. Just rural? It's not all of it. It's the rural part. I tried. That'd be nice. Thank you. All right. The motion is to add that item to the docket. All in favor say aye. Aye. Opposed, no. Motion carries. Madam Clerk, if you'd give first reading to those items. Resolution number 55, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a memorandum of agreement with the Commonwealth of Kentucky Finance and Administration Cabinet and the University of Kentucky to establish mutual obligations related to the construction of the new Eastern State Hospital. Number 56. Enterprise Solutions, effective March 29, 2010. Candace Wofford, Financial Manager, Enterprise Solutions, Grade 119E, 2355.28, biweekly in the Division of Enterprise Solutions, effective March 15, 2010. William Martin, Human Resources Manager, Grade 119E, 2307.69, biweekly in the Division of Human Resources, effective April 26, 2010. Thomas Kuhn, Evidence Technician, Grade 112N, 20.725, hourly in the Division of Police, effective April 26, 2010. And number 57. A resolution authorizing the mayor on behalf of the Urban County Government to execute a scenic byway and highway application for submission to the Kentucky Transportation Cabinet for designation of the Winchester Road Corridor as a scenic byway. Thank you. Council Member McCourt. Is this appropriate to get second readings now? Yes. Okay. I'd like to request a second reading on number 34 and number 36. Do I hear a second? I have a motion by Council Member McCord and a second by Council Member Myers to suspend the rules for purposes of giving second reading to items 34 and 36. Council Member Myers. Thank you, Mayor. I'd like to suspend the rules against a second reading to number 55. Thank you. 55. Council Member Martin. Thank you, Mayor. I make a motion to suspend the rules to give second reading to item 41 so this project can proceed with the conservation block grants, and also 54 so that the review of these legal bills can proceed. So move. Thank you. Council Member Blues. Thank you, Mayor. I'd like to add 42 and 53. We have received Recovery Act funds on condition that we carry out the specifics of these two resolutions and do it in a timely manner and report progress by June. Thank you. Council Member Gordon? Got you. Sorry, I couldn't find my name on there, so I was asking her to put it on. Yes, I'd like to request second reading on number 27 and number 57, please. Thank you. Council Member Henson. Thank you. Council Member Stennett. Thank you, Mayor. Item number 26 for our grant application for that item so it can be submitted. And then number 39, it's important to have a secondary on that one because the PSC closes their public hearing by May the 6th at 5 p.m. So if we don't get this submitted tonight, we will not get it submitted in the public record prior to the May 6 deadline because we don't have a council meeting. Thank you, Mayor. All right. Any others? My notes reflect then that we have a motion to suspend the rules for purposes of giving second reading to the following items. Items number 26, 27, 34, 36, 39, 40, 41, 42, 53, 54, 55, and 57. Council Member Myers. Thank you, Mayor. Can I add 46 to that so that they can get their grant submitted? Number 46. All right. Thank you. With that addition, those in favor of suspending the rules to give second reading to those resolutions, please indicate by saying aye. Aye. I just noticed Council Member Crosby. All right. Those opposed, no. Motion carries. Council Member Crosby. Yes, I have been in communication. Commissioner Oski is not here tonight, and I've been in communication with him. As you all know, I asked questions on Tuesday regarding number 54, and he was supposed to provide us with some additional information. Unfortunately, Brian Markham is out of town this week with the bid, and he told me at the time that he thought it would be appropriate if we wanted to table it, which I wasn't going to table it because it was a first reading, But now that it's up for second reading, I still have some questions on this, and we have not been able to see what we need to see or hear from Brian Markham, as Commissioner Askew suggested we do on Tuesday. So if Council Member Martin would respectfully maybe withdraw this one until we can get the information we need. I had a discussion with Logan with this today. I was not aware that you were going to ask for a second reading. Okay. Let me try to get us on track here procedurally. We have just adopted a motion to give second reading to those items. When we get ready to vote to approve them, a motion to table or otherwise deal with it would be appropriate at that time. Well, it's already on for second reading now. So, Madam Clerk, if you'll proceed with second readings, then we'll come back to Council Member Crosby here in just a moment. Number 26 for second reading, a resolution accepting the bid of Murray State University in the amount of $107,455 for the Communications Infrastructure Operations Center for the Division of Emergency Management 911 and authorizing the Mayor on behalf of the Urban County Government to execute any necessary agreement with Murray State University related to the bid. Number 27, a resolution accepting the bid of Sartan services incorporated in the amount of $315,630 for the medical ambulance bus for the Division of Fire and Emergency Services. Number 34, a resolution authorizing the mayor on behalf of the Urban County Government to execute and submit a grant application to the Kentucky Cabinet for Economic Development and to provide any additional information requested in connection with this grant application, which grant funds are in the amount of $300,000 Commonwealth of Kentucky funds and are for the Project Craftsman Economic Development Bond Project. Number 36, a resolution authorizing and directing the Division of Traffic Engineering pursuant to Code of Ordinances Section 18-86 to install multiway stop controls at South Point Drive and Clearwater Way. Number 39, A resolution expressing the urban county government's strong opposition to the rate increase requested by Kentucky Utilities Company and Public Service Commission Rate Case No. 2009-00548, requesting that Kentucky Utilities Company appear before the urban county council to explain the necessity of the increase and directing the clerk to notify the public service commission, the Kentucky Attorney General, and Kentucky Utilities Company. Number 40, a resolution authorizing and directing the mayor on behalf of the urban county government to execute agreements with Gulfview Estates, Neighborhood Association, Inc., $1,000, Meadow Loudon Neighborhood Association, Inc., $850, and Residence, Inc., $1,250 for the Office of the Urban County Council at a cost not to exceed the sum stated. Number 41, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an agreement with Bluegrass Pride, Inc., for services for the Community Energy Awareness Program at a cost not to exceed $225,000 in energy efficiency and conservation block grant funds. Number 42, a resolution authorizing and directing the mayor on behalf of the urban county government to execute an agreement with Energy Cap Incorporated for energy management software training and maintenance for three years at a cost not to exceed $113,887.50 in energy efficiency and conservation block grant funds. Number 46, a resolution authorizing and directing the mayor on behalf of the urban county government to execute and submit a grant application to the U.S. Department of Homeland Security and to provide any additional information requested in connection with this grant application, which grant funds are in the amount of $140,000 federal funds under the 2010 Assistance to Firefighters Grant Program and are for the purchase of a propane-fueled burn room prop. Number 53. A resolution authorizing the Department of Finance and Administration to designate an energy improvement fund within the Department of Environmental Quality for the funding of energy management measures, initiatives and programs, and improvements to facilities to be funded by and through cost reductions and savings realized through such energy-related actions with the appropriate personnel within the Department of Environmental Quality and the energy management team to review energy-related projects and determine the amounts to be placed in the fund. Excuse me. Council Member Crosby. Mayor, I'd like to make a motion that we table number 54 until our next council meeting on Thursday, May 6th, so that we can get the information that's been requested from our Director of Purchasing, who just happens to be out this week, as well as our Commissioner of Law. Second. I have a motion by Council Member Crosby and a second by Council Member Gorton to table item number 54 until the May 6th council meeting. that motion is debatable only insofar as the time is concerned. Is there any debate on that limited issue? Seeing none, those in favor of tabling the item, please indicate by saying aye. Aye. Opposed, no. Motion carries. Madam Clerk, if you would proceed with number 55, please. Thank you. Thank you. Ms. Lawless? 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. Feigel? Yes. Ms. Gordon? Aye. Mr. Gray? Yes. Ms. Henson? Yes. Ms. James? Yes. And Mr. Lane? Yes. Thank you. Those resolutions are approved. That takes us to item 8 on the docket. Communications from the mayor. A motion to approve those would be in order. So moved. Second. I have a motion by Councilmember Lane and a second by Councilmember Myers to approve the communications from the mayor. Any discussion? All in favor say aye. Aye. Opposed, no. Motion carries. Items 9 and 10 are matters which require no action and have previously been circulated. In the case of the building inspection report, are there any announcements? Council Member Stenet. I just want to make sure my colleagues got the budget and finance agenda for Tuesday and that the public watching realize that we're going to finally take up the business occupational licensing fee changes that we've all talked about a lot here in the past. I just want to make sure the public knows that Tuesday we'll be hopefully addressing some of those issues. I know we're all getting a lot of calls still with referees and stuff. Things happen this summer. So Tuesday we'll be addressing that. Thank you, Mayor. Any further announcements? Seeing none, we'll move to the last agenda item, public comment. Does anyone wish to address the council this evening? Mr. McCarthy, if you'll step to the podium, you'll have three minutes. Mayor Newberry and Mr. Gray, I have a question. since you two are facing each other in the primary that's coming up in a few weeks, I would like to know which of you would build the most roads and do the least amount of harm to the streets we already have. And my definition of harm is anything that reduces the traffic-carrying capacity of a street, such as so-called street diets or conversion of one-way to two-way. Can I possibly get straight answers out of you before I'm due at the voting booth? You usually get two minutes in one of these things, right? That's right. The mayor and I both, Bernard, said we usually get two minutes to answer these questions or yes or no, but we usually agree with you on almost everything, don't we? Pretty much. Pretty much. We've got the two-way street guidelines that everybody's established here, and I'm planning on following those along the way. Any other public comment? Do I hear a motion to adjourn? I have a motion by Council Member Lane, second by Council Member Ellinger. Any discussion? All in favor say aye. All opposed, no. Motion carries.