# Urban County Council Meeting - February 3, 2011 > Auto-transcribed civic record · February 3, 2011 - **Permalink**: https://meetings.lexingtonky.news/meeting/1870 - **Source video**: https://lfucg.granicus.com/player/clip/1870?view_id=14&redirect=true - **Date**: 2011-02-03 - **Last revised**: July 17, 2026 - **Length**: 4,947 words > ⚠️ **Auto-generated content.** Audio from the official Granicus video was auto-transcribed with OpenAI's open-source Whisper large-v3-turbo model, run locally by The Lexington Times. Structured facts were extracted with GPT-4o; the narrative summary was written by Anthropic Claude. Verbatim wording may contain errors. See [methodology](https://meetings.lexingtonky.news/about/methodology) or [report a correction](mailto:editor@lexingtonky.news). --- ## Meeting Overview The Lexington-Fayette Urban County Government Council met on February 3, 2011, at 6:00 p.m. in Lexington, Kentucky, with Mayor Gray presiding. The council conducted business across ten agenda items, including roll call, an invocation, committee reports, and readings of ordinances and resolutions. The body took 28 motions and votes during the meeting and heard 1 public comment. The council approved committee reports and advanced several pieces of legislation, including ordinances and resolutions at second reading. New business was introduced through ordinances at first reading and resolutions at first reading, which were approved. The mayor provided communications to the council, and the meeting concluded with announcements and the public comment period. ## Attendance **Present:** Gorton, Henson, Kay, Lane, Lawless, Martin, McChord, Myers, Stinnett, Beard, Blues, Crosbie, Ellinger, Ford **Absent:** Farmer **Late:** None ## Votes and Decisions **Ordinances Passed** Ordinance 001-2011 changed the zoning for 1.37 net acres at 2241 Buena Vista Rd. from Interchange Service Business (B-5P) to Professional Office (P-1) for Rooker Properties, LLC. Motion by Gorton, seconded by Lane. Passed 14-0 on roll call vote. [timestamp: 00:16:31] Ordinance 002-2011 amended Articles 18-4(d), 18-8, and 26-1 of the Zoning Ordinance and Article 6-10 of the Subdivision Regulations relating to landscaping and street tree regulations. Motion by Gorton, seconded by Lane. Passed 14-0 on roll call vote. [timestamp: 00:16:31] Ordinance 003-2011 amended budgets of the Lexington-Fayette Urban County Government to reflect current requirements for municipal expenditures and appropriated funds under Schedule No. 88. Motion by Gorton, seconded by Lane. Passed 14-0 on roll call vote. [timestamp: 00:16:31] Ordinance 004-2011 authorized the Mayor to execute and submit three grant applications to the Kentucky Transportation Cabinet totaling $135,000 in federal funds for the Traffic Safety Program ($100,000), Collision Reporting Quality Control Project ($10,000), and Speed Enforcement Project ($25,000). Motion by Gorton, seconded by Lane. Passed 14-0 on roll call vote. [timestamp: 00:16:31] Ordinance 005-2011 abolished one Equipment Operator Sr. position and one Public Service Worker Sr. position in the Division of Streets, Roads and Forestry, and created one Construction Supervisor position in the Department of Public Works and Development, effective retroactively to January 10, 2011. Motion by Gorton, seconded by Lane. Passed 14-0 on roll call vote. [timestamp: 00:16:31] **First Readings** Ordinance 006-2011 and Ordinance 007-2011 were given first readings. Ordinance 006-2011 amended budgets under Schedule No. 91. Ordinance 007-2011 abolished two Police Captain positions and created two Police Lieutenant positions in the Division of Police. [timestamp: 00:17:53] **Resolutions Passed** Resolutions 013-2011 through 031-2011 passed on roll call votes. Resolution 013-2011 and 014-2011 accepted bids for custodial services; both passed 13-0 with one abstention. Resolutions 015-2011 through 026-2011 passed 14-0, covering bid acceptances for various supplies and services, grant applications, and agreements. Resolution 027-2011 accepted W. Rogers Co.'s bid of $1,786,000 for Deep Springs Pump Station Upgrade & Force Main Improvements, passed 14-0. Resolution 031-2011 ratified unclassified civil service appointments of five commissioners, passed 13-1 with Crosbie voting against. [timestamp: 00:22:15 and 00:34:12] **Communication and Adjournment** Communication 001-2011 recommending reappointment of Glenda George and appointment of Danielle R. Adair to the Lyric Theatre and Cultural Arts Center Corporation was approved unanimously. [timestamp: 00:35:19] Motion to adjourn by Ellinger, seconded by Crosbie, approved unanimously. [timestamp: 00:38:29] ## Budget and Financial Actions The meeting approved the following financial actions and contracts: **Major Infrastructure Projects** * Deep Springs Pump Station Upgrade & Force Main Improvements: $1,786,000 contract with W. Rogers Co. (Resolution 027-2011) * Legacy Trail Project Phase 1 Change Order No. Three: $26,495.00 with Kay and Kay Contracting, LLC (Resolution 023-2011) * Legacy Trail Project Phase 1 Change Order No. Four: $11,570.60 with Kay and Kay Contracting, LLC (Resolution 024-2011) * Lexington Streetscape Phase One West Main St. Project Change Order No. One: $173,106.39 with Charles Deweese Construction (Resolution 021-2011) * Glendover West Boardwalk Railing Remediation Change Order No. One (Final): $1,630.27 with Spectrum Construction Services (Resolution 025-2011) **Administrative and Operational Contracts** * Benefits management process administration: $39,000 for FY 2011 and approximately $117,000 for FY 2012 with Benefits Insurance Marketing (Resolution 030-2011) * Custodial Services—Versailles Rd. Campus: not to exceed $1,025 with Key to Cleaning (Resolution 013-2011) * Custodial Services—Downtown Arts Center: not to exceed $825 with Education Remedies, Inc. (Resolution 014-2011) * Custodial Services—Cooperative Extension Office: not to exceed $800 with Key to Cleaning (Resolution 018-2011) **Equipment and Supplies** * Emergency Vehicle Lighting & Siren System: not to exceed $625 with Priority One Emergency, Inc. (Resolution 019-2011) * Suction and discharge hose and related fittings: not to exceed $625 with Allied Technical Services, Inc. (Resolution 016-2011) * Electric actuators: not to exceed $625 with Hydro Controls, Inc. (Resolution 020-2011) * Phosphorous reduction chemicals: not to exceed $625 with Brenntag Mid-South, Inc. (Resolution 015-2011) * Sprinkler inspection services: not to exceed $625 with Simplex Grinnell (Resolution 017-2011) **Grants and Settlements** * Child Care Infant/Toddler Provider Incentive Mini Grant Program: $500 to University of Kentucky (Resolution 021-2011) * Traffic Safety Program grants totaling $135,000 from Ky. Transportation Cabinet, including Traffic Safety Program ($100,000), Collision Reporting Quality Control Project ($10,000), and Speed Enforcement Project ($25,000) (Ordinance 004-2011) * Settlement Agreement and Release with Julia Householder: $16,000 (Resolution 020-2011) ## Public Comment [timestamp: 00:35:50] Bernard McCarthy addressed the meeting, raising concerns about political discourse and transportation infrastructure. Mr. McCarthy criticized what he characterized as hostile political discourse, clarifying that such discourse does not increase crime. He advocated for the addition of bike lanes to new road projects as part of infrastructure planning. Mr. McCarthy also emphasized the importance of maintaining vehicle lighting safety standards as part of these transportation improvements. ## Appointments The following appointments and reappointments were made: **Lyric Theatre and Cultural Arts Center Corporation** - Glenda George was reappointed - Danielle R. Adair was appointed **Department of Law** - Janet Graham was appointed **Department of Public Safety** - Thomas Clay Mason was appointed **Department of Social Services** - Beth Mills was appointed **Department of Finance and Administration** - Jane Driskell Sistrunk was appointed **Department of Environmental Quality** - Cheryl Taylor was appointed ## Contested Items **Consolidation of Commissioner Appointments** Council Member Crosbie raised a procedural question regarding the consolidation of multiple commissioner appointments into a single resolution. Crosbie questioned whether combining these separate appointments was the appropriate procedural approach for the council to take. Despite raising this point of order, no formal objection was lodged against proceeding with the consolidated resolution as written. The council moved forward with the appointments under the consolidated format. ## Roll Call [timestamp: 00:00] The meeting began with a roll call conducted by the Madam Deputy Clerk. The roll call confirmed the presence of 14 council members. Council Member Farmer was absent from the meeting. ## Invocation Rabbi Marc Kline delivered the invocation for the meeting [timestamp: 00:01:19]. His remarks reflected on themes of diversity, unity, and the importance of respecting differences among community members. During the invocation, Rabbi Kline also acknowledged the recent retirement of a local educator, recognizing their contributions to the community. The invocation served as an informational opening to the meeting, setting a reflective tone for the proceedings that followed. ## Committee Reports Vice Mayor Gorton reported on the February 1, 2011 Committee of the Whole Work Session [timestamp: 00:05:41]. During this report, several items were recommended for referral to various committees for further consideration and action. The referrals discussed included: * Golf cart procurement * Disability claims processing * Solid waste tax analysis The Committee of the Whole Work Session recommendations were approved. ## Ordinances – Second Reading [timestamp: 00:14:47] Five ordinances received second reading and were approved unanimously during this portion of the meeting. The ordinances addressed zoning changes, budget amendments, grant authorizations, and personnel adjustments. Key speakers on this agenda item included Gorton and Lane. The ordinances were presented and moved through the approval process without recorded objections, resulting in unanimous passage of all five measures. ## Ordinances – First Reading (New Business) [timestamp: 00:17:53] Two new ordinances were introduced for first reading during this agenda item. **Ordinances Presented** The ordinances addressed the following matters: * An ordinance amending budgets * An ordinance restructuring police positions **Process and Next Steps** Both ordinances were presented for first reading. Following standard procedure, they were scheduled for public inspection for a two-week period before proceeding to subsequent readings. **Key Speaker** Gorton presented this agenda item. **Outcome** Both ordinances received first reading approval and are now available for public review during the mandated two-week inspection period. ## Resolutions – Second Reading [timestamp: 00:22:15] Fourteen resolutions were presented for second reading and approval during this agenda item. The resolutions addressed contracts and services across multiple city departments, including water quality, facilities management, police equipment, and mental health services. Key speakers Gorton and Ellinger presented and discussed the resolutions. All fourteen resolutions were approved by the body. One resolution received a single abstention during the voting process, though the resolution ultimately passed. The remaining thirteen resolutions were approved without noted objections. The resolutions covered the following areas of city operations: - Water quality contracts - Facilities management - Police equipment - Mental health services ## Resolutions – First Reading (New Business) [timestamp: 00:23:19] Seven new resolutions were introduced during the first reading of new business. Key speakers on this agenda item included Stinnett, Crosbie, and Gorton. The resolutions addressed several matters: * A major contract for water infrastructure * Benefits management * A donation of a pool table The proceedings included rule suspensions to facilitate consideration of the resolutions. All resolutions presented during this agenda item were approved. ## Communications from the Mayor [timestamp: 00:35:19] The Council considered a communication from the Mayor regarding appointments to the Lyric Theatre and Cultural Arts Center Corporation. The item recommended the reappointment of Glenda George and the appointment of Danielle R. Adair to the corporation. Key speakers on this matter included Lane and Gorton. The Council approved the communication, moving forward with both the reappointment of George and the appointment of Adair to the Lyric Theatre and Cultural Arts Center Corporation. ## Announcements No announcements were made during this portion of the meeting. ## Public Comments [timestamp: 00:35:50] Bernard McCarthy provided public comment during this portion of the meeting, addressing topics related to political discourse and transportation infrastructure. McCarthy advocated for the inclusion of bike lanes in road projects. He emphasized two primary benefits of this approach: - **Safety**: McCarthy highlighted the safety advantages that bike lanes provide to cyclists and other road users. - **Environmental benefits**: He stressed the environmental benefits associated with promoting bicycle infrastructure as part of road development projects. **Outcome** This agenda item was informational in nature, with no formal action taken. McCarthy's comments were received as public input on the topics he raised. --- ## Decisions - **Ordinance 001-2011** — passed (14-0): An Ordinance changing the zone from an Interchange Service Business (B-5P) zone to a Professional Office (P-1) zone for 1.37 net (1.48 gross) acres, for property located at 2241 Buena Vista Rd. (Rooker Properties, LLC) - **Ordinance 002-2011** — passed (14-0): An Ordinance amending Articles 18-4(d), 18-8 and 26-1 of the Zoning Ordinance and amending Article 6-10 of the Subdivision Regulations all relating to landscaping and street tree regulations - **Ordinance 003-2011** — passed (14-0): An Ordinance amending certain of the Budgets of the Lexington-Fayette Urban County Government to reflect current requirements for municipal expenditures, and appropriating and re-appropriating funds, Schedule No. 88 - **Ordinance 004-2011** — passed (14-0): An Ordinance authorizing and directing the Mayor, on behalf of the Urban County Government, to execute and submit three (3) Grant Applications to the Ky. Transportation Cabinet, to provide any additional information requested in connection with these Grant Applications, and to accept the Grants if the applications are approved, which Grant funds are in the amount of $135,000 Federal funds, are for the Traffic Safety Program ($100,000), the Collision Reporting Quality Control Project ($10,000) and the Speed Enforcement Project ($25,000), the acceptance of which does not obligate the Urban County Government for the expenditure of funds, appropriating funds pursuant to FY2012 Schedule No. 3, and authorizing the Mayor to transfer unencumbered funds within the Grant budget - **Ordinance 005-2011** — passed (14-0): An Ordinance amending Section 21-5(2) of the Code of Ordinances, abolishing one (1) position of Equipment Operator Sr., Grade 109N, and one (1) position of Public Service Worker Sr., Grade 107N, in the Div. of Streets, Roads and Forestry; and amending Section 22-5(2) of the Code of Ordinances creating one (1) position of Construction Supervisor, Grade 118E, in the Dept. of Public Works and Development and appropriating funds pursuant to Schedule No. 87, effective retroactive to January 10, 2011 - **Ordinance 006-2011** — first_reading: An Ordinance amending certain of the Budgets of the Lexington-Fayette Urban County Government to reflect current requirements for municipal expenditures, and appropriating and re-appropriating funds, Schedule No. 91 - **Ordinance 007-2011** — first_reading: An Ordinance amending Section 23-5(b) of the Code of Ordinances abolishing two (2) positions of Police Captain, and creating two (2) positions of Police Lieutenant, in the Div. of Police, and appropriating funds, pursuant to Schedule No. 92 - **Resolution 013-2011** — passed (13-0): A Resolution accepting the bid of Key to Cleaning, establishing a price contract for Custodial Services - Versailles Rd. Campus, for the Div. of Facilities and Fleet Management - **Resolution 014-2011** — passed (13-0): A Resolution accepting the bid of Education Remedies, Inc., establishing a price contract for Custodial Services - Downtown Arts Center, for the Div. of Facilities and Fleet Management - **Resolution 015-2011** — passed (14-0): A Resolution accepting the bid of Brenntag Mid-South, Inc., establishing a price contract for phosphorous reduction chemicals, for the Div. of Water Quality - **Resolution 016-2011** — passed (14-0): A Resolution accepting the bid of Allied Technical Services, Inc., establishing a price contract for suction and discharge hose and related fittings, for the Div. of Water Quality - **Resolution 017-2011** — passed (14-0): A Resolution accepting the bid of Simplex Grinnell, establishing a price contract for sprinkler inspection services, for the Div. of Facilities and Fleet Management - **Resolution 018-2011** — passed (14-0): A Resolution accepting the bid of Key to Cleaning, establishing a price contract for Custodial Services - Cooperative Extension Office, for the Div. of Facilities and Fleet Management - **Resolution 019-2011** — passed (14-0): A Resolution accepting the bid of Priority One Emergency, Inc., establishing a price contract for Emergency Vehicle Lighting & Siren System, for the Div. of Police - **Resolution 020-2011** — passed (14-0): A Resolution accepting the bid of Hydro Controls, Inc., establishing a price contract for electric actuators, for the Div. of Water Quality - **Resolution 021-2011** — passed (14-0): A Resolution authorizing and directing the Mayor, on behalf of the Urban County Government, to execute and submit a Grant Application to the University of Ky. and to provide any additional information requested in connection with this Grant Application, which Grant funds are in the amount of $500 Federal funds under the Child Care Infant/Toddler Provider Incentive Mini Grant Program, and are for the purchase of equipment for the Family Care Center - **Resolution 022-2011** — passed (14-0): A Resolution authorizing the Mayor, on behalf of the Urban County Government, to execute Agreements with Baby Health Service, Inc. ($800), Special Olympics Ky., Inc. ($625), Southern Middle School PTSA, Inc. ($400), for the Office of the Urban County Council, at a cost not to exceed the sums stated - **Resolution 023-2011** — passed (14-0): A Resolution authorizing the Mayor, on behalf of the Urban County Government, to execute Change Order No. Three, to the Contract with Kay and Kay Contracting, LLC, for the Legacy Trail Project Phase 1, increasing the contract price by the sum of $26,495.00 from $6,538,524.25 to $6,565,019.25 - **Resolution 024-2011** — passed (14-0): A Resolution authorizing the Mayor, on behalf of the Urban County Government, to execute Change Order No. Four, to the Contract with Kay and Kay Contracting, LLC, for the Legacy Trail Project Phase 1, increasing the contract price by the sum of $11,570.60 from $6,565,019.25 to $6,576,589.85 - **Resolution 025-2011** — passed (14-0): A Resolution authorizing the Mayor, on behalf of the Urban County Government, to execute Change Order No. One (Final), to the Contract with Spectrum Construction Services, for the Glendover West Boardwalk Railing Remediation (Arboretum), increasing the contract price by the sum of $1,630.27 from $39,936.92 to $41,567.19 - **Resolution 026-2011** — passed (14-0): A Resolution authorizing and directing the Mayor, on behalf of the Urban County Government, to execute a Mental Health Services Agreement with Bluegrass Regional Mental Health - Mental Retardation Board, Inc., for court ordered mental health evaluations of clients referred to the Div. of Youth Services, at a cost not to exceed $2,500 - **Resolution 027-2011** — passed (14-0): A Resolution accepting the bid of W. Rogers Co., in the amount of $1,786,000, for Deep Springs Pump Station Upgrade & Force Main Improvements, for the Div. of Water Quality, and authorizing the Mayor, on behalf of the Urban County Government, to execute an Agreement with W. Rogers Co., related to the bid - **Resolution 028-2011** — passed (14-0): A Resolution authorizing and directing the Mayor, on behalf of the Urban County Government, to execute an Amendment to Agreement with the Ky. Office of Homeland Security, for modification of the Agreement for funds for the purchase of equipment for the Hazardous Devices Unit to expand the list of equipment that may be purchased, at no cost to the Urban County Government - **Resolution 029-2011** — passed (14-0): A Resolution authorizing the Mayor, on behalf of the Urban County Government, to execute Agreements with Bluegrass Community Foundation, Inc. ($825), March Madness Marching Band, Inc. ($350), First Bracktown, Inc. ($1,025), for the Office of the Urban County Council, at a cost not to exceed the sums stated - **Resolution 030-2011** — passed (14-0): A Resolution authorizing the Mayor, on behalf of the Urban County Government, to execute a Contract with Benefits Insurance Marketing in the amount of $39,000 for FY 2011 and approximately $117,000 for FY 2012 to administer the benefits management process for the Urban County Government - **Resolution 031-2011** — passed (13-1): A Resolution ratifying the unclassified civil service appointments of: Janet Graham, Commissioner of Law, Grade 212E, $4,615.38 bi-weekly, in the Dept. of Law, effective January 3, 2011, Thomas Clay Mason, Commissioner of Public Safety, Grade 212E, $4,615.38 bi-weekly, in the Dept. of Public Safety, effective January 24, 2011, Beth Mills, Commissioner of Social Services, Grade 210E, $4,038.46 bi-weekly, in the Dept. of Social Services, effective February 1, 2011, Jane Driskell Sistrunk, Commissioner of Finance and Administration, Grade 211E, $4,423.08 bi-weekly, in the Dept. of Finance and Administration, effective January 11, 2011, Cheryl Taylor, Commissioner of Environmental Quality, Grade 211E, $4,615.38 bi-weekly, in the Dept. of Environmental Quality, effective January 18, 2011 - **Communication 001-2011** — approved: Recommending the reappointment of Ms. Glenda George, as Ex-Officio member, Designee for Mayor Gray, to the Lyric Theatre and Cultural Arts Center Corporation. Also, recommending the appointment of Ms. Danielle R. Adair to the Lyric Theatre and Cultural Arts Center Corporation, with a term to expire 12-8-13. Ms. Adair will fill the unexpired term of Ms. Kathy Jaeger - **Adjournment** — approved: Motion to adjourn --- ## Full transcript Greetings. Call the meeting to order if that's okay. Meredith, thank you for standing in for Madam Clerk. Sir. Madam Deputy Clerk, is that the correct salute? That is correct. Madam Deputy Clerk. We've called the meeting to order and we'll ask the Deputy Clerk to please call the roll. And then after that, Rabbi Kline is here. Rabbi Mark Kline is here. Thank you. Madam Deputy Clerk. Ms. Gordon? Here. Ms. Henson? Here. Mr. K? Here. Mr. Lane? Here. Ms. Lawless? Mr. Martin? Here. Mr. McCord? Mr. Myers? Here. Mr. Stennett? Here. Mr. Beard? Present. Mr. Blues? Here. Ms. Crosby? Here. Mr. Ellinger? Here. Mr. Farmer? And Mr. Ford? Here. Thank you. Thank you, ma'am. Our invocation tonight will be offered by Rabbi Mark Klein. Mayor, council, citizens of this great community, before I offer thoughts, I need to take a moment to thank one of the most gifted educators that we've ever known who's leaving this community as an official role. And Stu brought a calming effort, effect, excitement for our children. And I pray for his calm and for the calm of our schools as we seek to fill those shoes. And it's interesting that, coincident to his retirement announcement, today begins the Chinese New Year, the year of the rabbit. And the rabbit is a sign of mellow and of calm, the same things that he, of course, brought to this job. The sign of the rabbit is a sign of good luck. And, of course, when we read horoscopes, we are often dismissive, and we think of astrological signs as being those things that can say anything that we want them to say, and we may read them for entertainment at best. But maybe the magic of the astrological sign and the horoscope writings is that they really don't say anything specific, and they call on each of us from wherever we come from, from the different dates of our birth, from the different areas and regions from which we come, to make our destiny, for us to have to read into those messages, those things that are going to form and shape our future. And they call on us not to rely on something that was written thousands of years ago to govern us today, but on our hearts and our souls to make decisions that bring value and merit to our lives. And we always have to remember that this diversity from which we come, and the different traits, the different talents that we bring are the things that make working together exciting and which make for a community to bear fruit. And where we refuse to acknowledge the dignity of each other's gifts and talents and diversity, we condemn ourselves to destroying the peace of the community and the things that have made us great. I invoke the source of all creation and first give thanks that we live in a community that fosters personal and communal growth. I pray that we remember that differences of opinion never need to become fodder for destroying each other's dignity. I pray that we will always find in our hearts the need to work for synergy to bring out the best that each has to offer, to celebrate the different cultures, the different places, the different ages, the different talents that we bring together. I know that we pray that, Mayor, you experience a term that is successful and fruitful for our community and for your own spirit and your own being. I know that we pray that every member of this council and government feel appreciated for his or her time, energy, integrity, and communal service. For yours are the voices that speak on behalf of each member of this community. We ask that those voices be blessed. May this community be blessed with your efforts. And all that is holy in our hearts, may we hold each other's dignity and hearts as sacred gifts. and may we affirm our respective faiths with an ancient Hebrew word that literally means, I mean it, the word amen. Thank you, Rabbi Klein, for those thoughts. Thank you, Mark. Next on our agenda is committee reports. Vice Mayor Gordon will report out from the Committee of the Whole work session. Vice Mayor Gordon. Thank you, Mayor. Yes, this is from the February 1st Committee of the Whole work session. The summary for January 25, 2011 was approved. There was review of the docket, and questions were asked at the time, answered, and no action was needed. Review of budget amendments with no action. and items referred from Council Members 127.11, a Neighborhood Development Fund list, which is on the docket. And then the first motion was a motion by Council Member Martin to refer to the General Government Committee the issue of the procurement of golf carts through bonding, and this was seconded by Council Member McCord, and this motion passed without dissent to bring it to the docket, to bring it to the committee, and this is so moved. Motion by Vice Mayor Gordon, second by Council Member Blues. Is there any discussion? Hearing none, all in favor, please say aye. Aye. All opposed, no. Motion carries. Vice Mayor Gordon. The next motion was by Council Member Martin to refer to the Public Safety, Public Works Committee, the issue of processing and the approval of disability claims within public safety. And so this is a motion to go before Public Safety, Public Works Committee, so moved. Motion by Vice Mayor Corton, second by Council Member Martin. Is there any discussion? Hearing none. All in favor, please say aye. Aye. Opposed, no. Motion carries. Councilmember Stenet referred to the Budget and Finance Committee an updated report from the Division of Solid Waste Management as to the revenue and expenses the current solid waste tax has generated, a position of where we are as to knowing the cost of picking up the Herbie, and a fee versus tax, which is a better way to operate. And Council Member Martin requested that this information also be for residential and commercial, so I move that we place this in Budget and Finance Committee. Motion by Vice Mayor Gordon and second by Council Member Blues. Is there any discussion? Hearing none, all in favor, please say aye. Aye. All opposed, no. Motion carries. Vice Mayor Gordon. And then I'll look at our Council Clerk. I have the motions for the confirmation of commissioners, and I believe they should be separate, not as one big block. So I move to place on tonight's docket the confirmation of Janet Graham as Commissioner of the Department of Law. Motion back. Vice Mayor Gordon, seconded by Council Member Ellinger. Is there any discussion? Hearing none, all in favor, please say aye. Aye. All opposed, no. Motion carries. Vice Mayor Gordon. I move to place on tonight's docket the confirmation of Cheryl Taylor for the Commissioner of the Department of Environmental Quality and Public Works. Motion by Vice Mayor Gordon, second by Council Member Henson. Is there any discussion? Hearing none, all in favor, please say aye. Aye. All opposed, no. Motion carries. I move to place on the docket for confirmation the name of Jane Driscoll for Commissioner of the Department of Finance and Administration. Second. Motion by Vice Mayor Gorton, seconded by Council Member Lane. Is there any discussion? Hearing none, all in favor please say aye. Aye. All opposed, no. Motion carries. I move to place on tonight's docket the confirmation of Beth Mills as Commissioner of the Department of Social Services. Second. Motion by Vice Mayor Gorton. Second by Council Member Myers. Is there any discussion? Hearing none, all in favor please say aye. Aye. All opposed, no. And finally, I move to place on tonight's docket for confirmation Clay Mason as Commissioner of the Department of Public Safety. Second. Motion by Vice Mayor Gorton, seconded by Council Member Beard. Is there any discussion? Hearing none, all in favor please say aye. Aye. All opposed, no. Motion carries. That concludes my report. Thank you very much, Vice Mayor Gordon. Thank you. And members of the Council. Thank you all very much. I believe Keith Horn, our law department, has a request for us. I need to get a date from you for a hearing on a police disciplinary matter. And it needs to be set before March 15th. So, Keith, can you tell us how, what the length of that? I wouldn't anticipate that this one would be longer than, I'll say three hours. Hopefully it will be shorter than that. But as you know, I can't control how long the other side may take. But it shouldn't be a long one. I would propose Tuesday, March 1st at 5 p.m. after the work session as a starting point for discussion. There's a U.K. game. Did somebody say there's a U.K.? No wonder you all looked at it. Okay. Okay. The proposal was for March. The first proposal was, Councilman, Vice Mayor Gordon was for March 3rd, did you say? First. March the 1st. All right. At what time? Well, I said 5 o'clock. There was some heartburn with the big blue fans. Yeah, that's a separate. You're showing that at 9 o'clock, is that right? Late game. All right. Council Member Myers. Thank you, Mayor. Could I ask, is the person that we're having a hearing for getting paid to stay home right now? The person who will have a hearing is not suspended. Okay. Thank you. All right. Show of hands, who's good with 5 o'clock on Tuesday, March 1st? Who's not good for Tuesday, March 1st at 5 o'clock? One, two. All right. We'll do it 5 o'clock on Tuesday, March 1st. I think I heard the game doesn't start until 9. 9 o'clock. Yeah. It'll be a long day. Work session starts at 3. Mm-hmm. You can, if you don't go through, if your work session goes beyond 5 o'clock, then we may have to revisit it. Is that right? But you're going to be set for it, so it's going to be difficult to revisit it. That's correct. Obviously, counsel on the other side could always impact. I'm working on a deadline right now that hasn't been waived. And I believe it's always in the best interest to get these hearings done as quickly as possible. Okay. Five o'clock, Tuesday, March 1st is what we'll set for now. Yes, Council Member Ellinger. Council Member Lane. Is there a possibility that we won't have a hearing because something could be settled prior to it? Or is this going to be for sure? I can't say that it will be for certain. I can say that the officer did not agree to accept the discipline that was recommended by the review board. Okay. And whether or not that will change or something else will be worked out, I don't know. All right. Thank you. Thanks, Mr. Horn. Thank you. Yes, sir. All right. Next on our agenda is a second reading of ordinances. I'll ask for the second reading of the ordinances by our clerk. Ordinance number one, an ordinance changing the zone from an interchange service business B5P zone to a professional office P1 zone for 1.37 net, 1.48 gross acres, for property located at 2241 Buena Vista Road, Rooker Properties, LLC. Number two, an ordinance amending Articles 18-4-D, 18-8, and 26-1 of the Zoning Ordinance and amending Article 6-10 of the Subdivision Regulations, all relating to landscaping and street tree regulations. Number three, 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 88. Number four, an ordinance authorizing and directing the mayor on behalf of the urban county government to execute and submit three grant applications to the Kentucky Transportation Cabinet to provide any additional information requested in connection with these grant applications and to accept the grants if the applications are approved, which grant funds are in the amount of $135,000 federal funds, are for the Traffic Safety Program, $100,000, the Collision Reporting Quality Control Project, $10,000, and the Speed Enforcement Project, $25,000, the acceptance of which does not obligate the urban county government to execute and submit three grant applications. County Government for the expenditure of funds appropriating funds pursuant to fiscal year 2012, Schedule No. 3, and authorizing the Mayor to transfer unencumbered funds within the grant budget. Number 5, an ordinance amending Section 2152 of the Code of Ordinances abolishing one position of Equipment Operator Senior, Grade 109N, and one position of Public Service Worker Senior, Grade 107N, in the Division of Streets, Roads, and Forestry, and amending Section 2252 of the Code of Ordinances, creating one position of Construction Supervisor, Grade 118E in the Department of Public Works and Development and appropriating funds pursuant to Schedule No. 87, effective retroactive to January 10, 2011. I'll ask for a motion to approve Ordinances 1 through 5. Move approval. Motion by Vice Mayor Gorton, second by Councilmember Lane. Is there any discussion? Madam Clerk, will you call the roll, please? Ms. Gorton. Aye. Ms. Henson? Yes. Mr. Kaye? Yes. Mr. Lane? Yes. Ms. Lawless? Yes. Mr. Martin? Yes. Mr. McCord? Yes. Mr. Myers? Yes. Mr. Stenna? Aye. Mr. Beard? Aye. Mr. Blues? Yes. Ms. Crosby? Yes. Mr. Ellinger? Yes. And Mr. Ford? Yes. Thank you. Thank you, Madam Clerk. The vote reflects passage of the ordinances. Ordinances 1 through 5 are approved. Madam Clerk, will you give first reading to the ordinances, please? Thank you, ma'am. A resolution accepting the bid of Brentag Mid-South Incorporated, establishing a price contract for phosphorus reduction chemicals for the Division of Water Quality. Number two, a resolution accepting the bid of Allied Technical Services Incorporated, establishing a price contract for suction and discharge hose and related fittings for the Division of Water Quality. Number three, a resolution accepting the bid of Simplex Grinnell, establishing a price contract for sprinkler inspection services for the Division of Facilities and Fleet Management. Number four, a resolution accepting the bid of key to cleaning, establishing a price contract for Custodial Services Cooperative Extension Office for the Division of Facilities and Fleet Management. Number five, a resolution accepting the bid of Priority One Emergency Incorporated, establishing a price contract for Emergency Vehicle Lighting and Siren System for the Division of Police. Number six, a resolution accepting the bid of Hydro Controls Incorporated, establishing a price contract for Electric Actuators for the Division of Water Quality. Number seven, a resolution accepting the bid of key to cleaning, establishing a price contract for custodial services for Sales Road Campus for the Division of Facilities and Fleet Management. Number eight, a resolution accepting the bid of Education Remedies Incorporated, establishing a price contract for custodial services downtown arts center for the Division of Facilities and Fleet Management. Number nine, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute and submit a grant application to the University of Kentucky and to provide any additional information requested in connection with this grant application, which grant funds are in the amount of $500 federal funds under the Child Care Infant-Toddler Provider Incentive Mini-Grant Program and are for the purchase of equipment for the Family Care Center. Number 10, a resolution authorizing the Mayor on behalf of the Urban County Government to execute agreements with Baby Health Service Incorporated, $800, Special Olympics Kentucky Incorporated, $625, Southern Middle School PTSA Incorporated, $400, for the Office of the Urban County Council, at a cost not to exceed the sum stated. Number 11, a resolution authorizing the mayor on behalf of the Urban County Government to execute change order number 3 to the contract with K&K Contracting, LLC, for the Legacy Trail Project Phase 1, increasing the contract price by the sum of $26,495 from $6,538,524.25 to $6,565,019.25. Number 12, a resolution authorizing the mayor on behalf of the urban county government to execute change order number 4 to the contract with K&K Contracting, LLC, for the Legacy Trail Project Phase 1, increasing the contract price by the sum of $11,570.60 from $6,565,019.25 to $6,576,589.85. Number 13, a resolution authorizing the mayor on behalf of the Urban County Government to execute change order number one, final, to the contract with Spectrum Construction Services for the Glendover West Boardwalk Railing Remediation Arboretum, increasing the contract price by the sum of $1,630.27 from $39,936.92 to $41,567.19. And number 14, a resolution authorizing and directing the mayor on behalf of the urban county government to execute a mental health services agreement with Bluegrass Regional Mental Health Mental Retardation Board, Inc. for court-ordered mental health evaluations of clients referred to the Division of Youth Services at a cost not to exceed $2,500. As for a motion to approve the resolutions. Move of approval. Vice Mayor Corton offers the motion. Motion seconded by Council Member Ellinger. Is there any discussion? All right, Madam Clerk, call the roll, please. Ms. Gorton? Aye. Ms. Henson? Yes. Mr. Kay? Yes. Mr. Lane? Yes. Ms. Lawless? Yes. Mr. Martin? Yes. Mr. McCord? Yes. Mr. Myers? Yes. Mr. Stennett? Aye. Mr. Beard? Aye. Mr. Blues? Yes. Ms. Crosby? Yes. Yes on all, and I will abstain on 7 and 8, please. Thank you. Mr. Ellinger? Yes. And Mr. Ford? Yes. Thank you. Thank you. The vote reflects passage of these resolutions. Resolutions 1 through 14 are approved. All right. Now we can move to item number seven on our agenda, first reading of resolutions. Madam Clerk, will you give first reading to the resolutions? Number 15, a resolution accepting the bid of W. Rogers Company in the amount of $1,786,000 for Deep Springs pump station upgrade and force main improvements for the Division of Water Quality and authorizing the mayor on behalf of the Urban County Government to execute an agreement with W. Rogers Company related to the bid. Number 16, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an amendment to agreement with the Kentucky Office of Homeland Security for modification of the agreement for funds for the purchase of equipment for the hazardous devices unit to expand the list of equipment that may be purchased at no cost to the Urban County Government. Number 17, a resolution authorizing the mayor on behalf of the Urban County Government to execute agreements with Bluegrass Community Foundation, Inc., $825, March Madness Marching Band, Inc., $350, First Bracktown, Inc., $1,025, for the Office of the Urban County Council at a cost not to exceed the sum stated. Number 18, a resolution authorizing the mayor on behalf of the Urban County Government to execute a contract with benefits insurance marketing in the amount of $39,000 for fiscal year 2011 and approximately $117,000 for fiscal year 2012 to administer the benefits management process for the urban county government. Number 19, a resolution authorizing the mayor on behalf of the urban county government to accept a donation from Ms. Christy Barber of a Harley-Davidson Edition pool table for use at the Carver Community Center 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 a settlement agreement and release with Julia Householder at a cost to Julia Householder of $16,000. Number 21, a resolution authorizing the mayor on behalf of the urban county government to execute change order number one to the contract with Charles DeWeese Construction for the Lexington Streetscape Phase I West Main Street project, increasing the contract price by the sum of $173,106.39 from $1,755.36 to $1,930,561.75. And number two will be the personnel resolution reported out by Vice Mayor Gordon. A resolution ratifying the unclassified civil service appointments of Janet Graham, Commissioner of Law, Grade 2-12E, 4,615.38 biweekly in the Department of Law, effective January 3, 2011. Thomas Clay Mason, Commissioner of Public Safety, Grade 2-12E, 4,615.38 biweekly in the Department of Public Safety, effective January 24, 2011. Beth Mills, Commissioner of Social Services, grade 210E, 4038.46 biweekly in the Department of Social Services, effective February 1, 2011. Jane Driscoll-Sistrunk, Commissioner of Finance and Administration, grade 211E, 4423.08 biweekly. Excuse me just a minute. Point of order. I believe that the motion was that they be separate. This is for the compensation. Yeah, for the confirmation. Right. The motion was to put a resolution on for confirmation of each one separately, but the resolution has been written to contain them all in one reso. If you prefer to have them separated, we can read them that way. But the motion and the resolution isn't necessarily inconsistent. All right. Council, what's the pleasure of the council? Is there a motion to separate? Council Member Lane. Could I suggest that you see if there's any objection from the council for reading them all at one time? I was doing it in the reverse, asking for a motion to separate. But I can ask it, is there any objection? Is there any objection to reading all the individuals as one ordinance as opposed to separating it by any member on the council? Is there an objection to reading it according to the resolution as it is written? there is no objection, then we will proceed. All right. Madam Clerk. Jane Driscoll-Sistrunk, Commissioner of Finance and Administration, grade 211E, 4,423.08 biweekly in the Department of Finance and Administration, effective January 11, 2011. Cheryl Taylor, Commissioner of Environmental Quality, grade 211E, 4,615.38 biweekly in the Department of Environmental Quality, effective January 18, 2011. All right. Council Member, Vice Mayor Gordon. Yes, I move to suspend the rules and give number 16 a second reading. Is there a second? Is there a second? Second by, motion by Council Member Gorton, second by. Completely, Steve? It's okay. Second by Council Member Kay. Thank you so much. All you can do is plead a senior moment in these situations. All in favor, if there is any discussion, all in favor, please say aye. Aye. All opposed, no. Motion carries. Is there another? I can now look on the monitor. Council Member Stennett, thank you so much. Thank you, Mayor. Number 15 likes to be added to the list. This is due to the consent decree. Time on this project has to be finalized by next April. Motion by Council Member Stennett. Second by Council Member McCord. Is there any discussion? Hearing none, all in favor, please say aye. Aye. All opposed, no. I'm sorry, Mayor, the other one was number 18. This is for our benefits analysis so we can hit the ground running as soon as possible to start getting those RFPs out on the street. Second. Motion by Council Member Stenet, seconded by Council Member McCord. Is there any discussion? All in favor, please say aye. Aye. Opposed, no. Motion carries. All right. Are there any others? Council Member Crosby, I lost my monitor there for a second. It's fine. Thank you, Mayor. I'd like to suspend the rules and get a second reading for number 18, please. Or excuse me, 17. I circled Kevin's last one. Number 17, I know that at least one of these groups has the event. It's coming up very soon. and in order for the check ticket process prior to it, we need to do a second reading. Thank you. Motion by Council Member Crosby, second by Council Member Ellinger on number 17. All right. Is there any discussion? All in favor, please say aye. All opposed, no. Motion carries. Vice Mayor Gordon. I move to give second reading to number 22, which is the approval of the commissioners. It's a motion by Vice Mayor Gorton, seconded by Council Member Ellinger, number 22. Is there any discussion? All in favor, please say aye. Aye. All opposed, no. Motion carries. All right. That would be it, right? All right, so we now have numbers, a second read on 15, 16, 17, 18, and 22. All right, so all have been, all right, so now we get a roll call. Madam Clerk. Number 15, a resolution accepting the bid of W. Rogers Company in the amount of $1,786,000 for Deep Springs Pump Station Upgrade and Force Main Improvements for the Division of Water Quality and authorizing the mayor on behalf of the Urban County Government to execute an agreement with W. Rogers Company related to the bid. Number 16, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an amendment to agreement with the Kentucky Office of Homeland Security for modification of the agreement for funds for the purchase of equipment for the hazardous devices unit to expand the list of equipment that may be purchased at no cost to the urban county government. Number 17, a resolution authorizing the mayor on behalf of the urban county government to execute agreements with Bluegrass Community Foundation, Inc., $825, March Madness Marching Band, Inc., $350, First Bracktown, Inc., $1,025 for the office of the urban county council at a cost not to exceed the sum stated. Number 18, a resolution authorizing the mayor on behalf of the urban county government to execute a contract with benefits insurance marketing in the amount of $39,000 for fiscal year 2011 and approximately $117,000 for fiscal year 2012 to administer the benefits management process for the urban county government. And number 22, a resolution ratifying the unclassified civil service appointments of Janet Graham, Commissioner of Law, grade 212E, 4,615.38 biweekly in the Department of Law, effective January 3, 2011. Thomas Clay Mason, Commissioner of Public Safety, Grade 212E, 4,615.38 biweekly in the Department of Public Safety, effective January 24, 2011. Beth Mills, Commissioner of Social Services, Grade 210E, 4,038.46 biweekly in the Department of Social Services, effective February 1, 2011. Jane Driscoll-Sistrunk, Commissioner of Finance and Administration, Grade 211E, 4,423.08 biweekly in the Department of Finance and Administration, effective January 11, 2011. Cheryl Taylor, Commissioner of Environmental Quality, Grade 211E, 4615.38 biweekly in the Department of Environmental Quality, effective January 18, 2011. Is there a motion to approve the suspended resolutions? Move approval. Motion by Vice Mayor Gorton. Second by Council Member Crosby. Is there any discussion? All in favor, please say aye. Aye. Wait a minute. All opposed, no. So now we can ask for the roll call. Thank you, Madam Clerk. Ms. Gorton? Aye. Ms. Henson? Yes. Mr. Kay? Yes. Mr. Lane? Yes. Ms. Lawless? Yes. Mr. Martin? Yes. Mr. McCord? Yes. Mr. Myers? Yes. Mr. Stennett? Yes, ma'am. Mr. Beard? Aye. Mr. Blues? Yes. Ms. Crosby? No on 22. Yes on all the others. Thank you. Mr. Ellinger? Yes. And Mr. Ford? Yes. The vote reflects passage. Resolutions are approved. All right. Next on our agenda is communications from the mayor. I have a note here. All right. I'll ask for a motion to approve communications from the mayor. Second. There's a motion by Council Member Lane and a second by Vice Mayor Gordon to approve communications from the mayor. Is there discussion? Hearing none. I ask for a vote. All in favor, please say aye. Aye. All opposed, no. Motion carries. Are there any announcements? No announcements? All right. Public comments? Mr. McCarthy. Bernard. Your Honor and members of the Council, I want to say, first off, despite what may be implied in some editorials a few weeks back, I don't think that all the hostile words exchanged between political factions actually add to the number of criminals and terrorists out there any more than fortifying one house decreases the number of burglars out there. In both cases, it may influence the criminal's choice of targets, but I don't think it really changes the number of them. And second, I would love to see bike lanes added to roads on all new construction and widening projects as a matter of policy, but this does not mean that you can get away with having fewer car and truck lights. I say this because while designing the safety features into the roads from the start, we'll get a lot more people to pedal on warm days in summer. Yeah, most people are still going to drive during the cold days of winter. In my personal case for the two-and-a-half-mile trip from my house to my office, It's 27 degrees Fahrenheit is about the coldest I can take, and that's if there's no snow or ice left over from a previous day. But what you do accomplish, though, if you get more people to pedal in the summertime, even if we're all still dry in the winter, that means we'll only be adding carbon dioxide to the air in the colder months of the year when you want it to be warmer, and we won't be adding it in the summer when it's already hot and you don't want to get it any hotter. Thank you, Mr. McCarthy. Is there anything further to come before the council? I would like to mention, before we do adjourn quickly, I'll mention our sympathy of all of the council members in our city goes to the wife, Lynn, of Councilmember Beard, whose mother passed away just recently, and you all will be just last night. So, Julia, please share our sympathy with Lynn. Thank you. It's a motion to adjourn by Councilmember Ellinger and a second by Councilmember Crosby. All in favor, please say aye. Aye. All opposed, no. We are adjourned. Good job.