# Urban County Council Meeting - April 14, 2011 > Auto-transcribed civic record · April 14, 2011 - **Permalink**: https://meetings.lexingtonky.news/meeting/1961 - **Source video**: https://lfucg.granicus.com/player/clip/1961?view_id=14&redirect=true - **Date**: 2011-04-14 - **Last revised**: April 14, 2011 - **Length**: 18,270 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 held a meeting on April 14, 2011, at 6:00 P.M. in Lexington, Kentucky, with Mayor Gray presiding. The council considered two informational presentations during the session. The first presentation covered the Keep It Real Video Campaign, and the second addressed the Lexington Parking Authority. The council took three motions and votes during the meeting and heard two public comments from citizens. ## Attendance **Present:** Mayor Gray, Myers, Stinnett, Beard, Blues, Ellinger, Farmer, Ford, Gorton, Henson, Kay, Lane, Lawless, Martin, McChord **Absent:** Crosbie **Late:** None ## Votes and Decisions **Approval of Minutes** [timestamp: 0:02:07] The Council voted unanimously to approve the minutes from the February 3 and 17, and March 3 and 17, 2011 Council Meetings. Motion by Ellinger, seconded by Gorton. The vote passed 15-0 with all members voting in favor: Myers, Stinnett, Beard, Blues, Ellinger, Farmer, Ford, Gorton, Henson, Kay, Lane, Lawless, Martin, and McChord. **Ordinance for Kentucky Transportation Cabinet Grant** [timestamp: 0:35:01] The Council approved an ordinance authorizing a grant from the Kentucky Transportation Cabinet for the Lexington Traffic Movement and Revitalization Study. Motion by Ellinger, seconded by Stinnett. The roll call vote passed 14-0 with the following members voting in favor: Myers, Stinnett, Beard, Blues, Ellinger, Farmer, Ford, Gorton, Henson, Kay, Lane, Lawless, Martin, and McChord. No votes were cast against the ordinance. **Resolution on Internal Position Advertising** [timestamp: 1:12:12] The Council passed a resolution authorizing the Division of Human Resources to internally advertise for all vacant positions. Motion by Gorton, seconded by Lane. The voice vote passed 14-0 with all members voting in favor: Myers, Stinnett, Beard, Blues, Ellinger, Farmer, Ford, Gorton, Henson, Kay, Lane, Lawless, Martin, and McChord. ## Budget and Financial Actions The meeting included approval of the following financial actions: **Kearney Hills Golf Course Irrigation Replacement** A contract valued at $109,791 was approved with The Southern Group, Inc. for irrigation replacement work at Kearney Hills Golf Course. **Grant from Kentucky Transportation Cabinet** The city accepted a $490,000 grant from the Kentucky Transportation Cabinet designated for the Lexington Traffic Movement and Revitalization Study. ## Public Comment Two members of the public addressed the meeting with concerns about municipal projects and planning decisions. **Bernard McCarthy** [timestamp: 2:03:55] spoke about budget and street capacity issues. He expressed concern that the budget was based on lower revenue projections. McCarthy also suggested that changing one-way streets to two-way could reduce street capacity. **Mr. Keston** [timestamp: 2:07:11] commented on the Tate's Creek sidewalks project. He criticized the decision to build sidewalks on Tate's Creek, arguing that the project was unnecessary and would result in the destruction of trees. ## Appointments The following appointments were made during this meeting: * **Doug Martin** was appointed to the Transportation Policy Committee * **Peggy Henson** was appointed to the Transportation Policy Committee ## Contested Items **Economic Contingency Fund Usage** A heated discussion arose regarding the procedures for accessing the Economic Contingency Fund. The core disagreement centered on whether council approval was required before the fund could be utilized. Council members raised concerns about budget balancing and transparency in the fund's deployment. The debate reflected broader questions about fiscal oversight and the appropriate checks on executive authority in managing contingency resources. The specific outcome of this contested item is not documented in the available meeting records. ## Keep It Real Video Campaign Presentation Arthur Rouse and Howard Rupert presented the "Keep It Real" video campaign, an initiative designed to reduce underage drinking through videos created by students [timestamp: 00:02:07]. **Presenters and Approach** The campaign leverages student creativity as a core strategy, with young people developing video content to address underage drinking prevention. This approach engages the target audience directly in creating messaging around the issue. **Outcome** The presentation was informational in nature, providing an overview of the campaign to the meeting attendees. ## Lexington Parking Authority Presentation Gary Means presented the Lexington Downtown Parking Demand Study to the board [timestamp: 00:13:47]. The presentation focused on current parking availability in the downtown area and assessed future parking needs for the community. This was an informational presentation intended to provide the board with data and analysis regarding downtown parking conditions and demand projections. The outcome was informational, with no formal action or decision required from the board at this time. --- ## Decisions - **Motion** — passed (15-0): Approval of minutes from February 3 and 17, and March 3 and 17, 2011 Council Meetings - **Motion** — passed (14-0): Ordinance authorizing a grant from the Ky. Transportation Cabinet for the Lexington Traffic Movement and Revitalization Study - **Motion** — passed (14-0): Resolution authorizing the Division of Human Resources to internally advertise for all vacant positions --- ## Full transcript Call, please. Thank you, thank you. This evening we are pleased to have Cynthia Kane with us. Cynthia from the Unitarian Church who will offer our invocation. Thank you so much for joining us. Thank you. Please join me in prayer. Dear God, great spirit of love and hope, it's so easy to be grateful on a day like this when the weather is beautiful and gratitude may be the first thing in our hearts gratitude for this beautiful place in which we live, the state of Kentucky this great community of Lexington for the servants who work so hard to make it more peaceful more joyful, more educational, more successful, and gratitude for all the different colors and shapes and sizes and varieties of people that make up this fine community. So we start with gratitude and we move to commitment. let us bring our minds and our hearts to this place and to this good work of maintaining a healthy and joyful community. May all be blessed with the spirit of perseverance and the spirit of love. We pray in the name of that which each holds holy. Amen. Thank you so much, Reverend Cain. Thank you. All right. Next on our agenda this evening is presentations. And tonight we have the Keep It Real campaign that has been underway now for several years. And Arthur Rouse, is Arthur here? Hey, Arthur. All right, sir. And Howard Rupert is here as well. Well, we have a proclamation to acknowledge and recognize Alcohol Awareness Month. Now, Vice Mayor Gordon has been very active in the Keep It Real campaign, and so together we'll present this. Howard, is it all right? Can you just join us right down here? All right, sir. And then while we're doing that, we're going to tee up the video. All right, Arthur, you're going to share it. Why don't you tell us a little about that, right? We'll come right around. We'll come. There you go. Stand right here, sir. This is a nice plaque without a whole lot of words, but with a lot of meaning. but with a lot of meaning behind it. It recognizes Alcohol Awareness Month on behalf of the Lexington Fayette Urban County government, and it proclaims that April 2011 shall be Alcohol Awareness Month. Thank you so much. This fellow, in case you all don't know, retired from our police department as a captain. Howard, why don't you share with our audience and our viewing audience the significance of this? Thank you, sir. Thank you, Mr. Mayor and Vice Mayor. We have been doing this for many years. We've always had the support of the council and the mayor and the vice mayor, and we do appreciate that because, as you said, it's a very worthy cause because we are trying to reduce, and I happen to be on the Alcohol Committee. The Mayor's Alliance Substance Abuse, of course, has many barriers, but mine's on the Alcohol Committee, so I specialize, I guess, with many other members. I'm not the only one. And to reduce underage drinking. And we do that in a variety of ways and without going into a lot of detail, as he said, with the proclamation. But that's the gist of it. And, again, we appreciate your support and that we will continue to try to obtain our goal. All right? Thank you so much. One of the special things we wanted you to know about during Alcohol Awareness Month. Wait. Good. Thanks, Donna. Yeah, you're... Am I? Yes, ma'am. You go right ahead. All right. If you would, Donna, introduce yourself and the others who are with you. I'm Donna Wiesenhan. I am the director of Bluegrass Prevention Center, which is the drug and alcohol prevention program of Bluegrass Mental Health Mental Retardation Board. And we house and are the fiscal agents for the Mayor's Alliance on Substance Abuse. We just wanted you to know about a very special initiative so as you go around town, you see the billboards about the parents who host Lose the Most campaign. This is a whole new brand new project we have during Alcohol Awareness Month. It really is targeting all of the issues around prom and graduation, and who can believe that season is almost upon us. Yes, it is. It is. I think one of the first proms already happened Saturday night, if you can believe it. So we have higher expectations of our young people than drinking during prom and graduation. And as a community, we want to keep in the council has always been so important in what they have done and how they always come across for these health issues about making sure that our young people know that we have higher expectations of them than drinking underage. So you've got the materials. We encourage you to sign the form. There's a parent forum in there. We encourage you to look for the billboards and to recognize all of the bakeries and the florists and the prom shops that are going to be participating in this project. Now, Arthur Rouse gets to talk about Keep It Real and our young people who are here. Great. Thank you so much, Donna. Thank you, Mayor. Thank you, Vice Mayor, members of the Council. Keep It Real is a public-private program that's been running for seven years now, and our goal is to use filmmaking in high school to get young people to talk about the dangers of underage drinking, a conversation that they wouldn't normally have in the halls on their own. And every year we have a contest. It's an Internet-based contest, and then we have our premiere night at the Kentucky Theater, and we have somewhere between 70, 80 entries, and then we have winners announced, and we have grand prize winners, and it's a gala event. but it really celebrates the young people's discussions about the dangers of underage drinking. They create their own messages about the dangers of underage drinking with these 30-second PSAs. So what I'd like to do right now is play four of these. They're very short, 30 seconds each, and then introduce our winner, who would like to say a few words. But we really appreciate the support of the council, the Lexington Police Department, the Kentucky State Police, and, of course, Bluegrass Prevention, partnering with organizations like WKYT, the Kentucky Family Magazine, Clear Channel, et cetera, in this public-private partnership. So let's play four of these winning commercials. Thank you. It's not gonna do your homework. It's not gonna make you a better artist. It's not gonna get you those perfect ads. It's not going to feed the dog Or your fish Or your gecko But it will hurt your friends Alienate your family Destroy your liver And if you're a loyal enough customer It'll kill you Number 21 Go on a Sunday Drive Number 47 Bike rides in the afternoon Number 73 Search for the top of the world There's a thousand things you could cross off your list without drinking under age. Keep it real. Alcohol, baby, alcohol. Keep it in real. Dollar liquor for my people. She's been working on the future. Can see clearly now the rain is gone. Thank you. Thank you very much. the outreach of this program is tremendous for students like Lewis. Every video is produced by maybe three, four students, in his case two students, and then maybe 15 or 20 other students get involved, their parents, their neighborhood, all in the message, if you're underage, don't drink. So I'd like to introduce Lewis Sanford from the Lexington Day Treatment Center, who was the creator of that last video. Lewis? Mayor Gray, council members, and guests. I'm honored and pleased that I was chosen to talk with you tonight about the Keep It Real video campaign. My name is Louis Sanford. I am a 10th grader at Lexington Day Treatment Center and the winner of most original video for my video title, Stethoscope, that you just saw. The opportunity to participate in this campaign was important to me for many reasons. It gave me a youth in the alternative setting, the opportunity to compete with my peers across the state who attend public high schools. What it showed me was I could not only compete, but I could win. This is so important to me because I haven't had much success in public schools in the past. It helped me build my confidence. I am hoping to reach my goals and return to public high school in August. And this contest will be something positive that I can be a part of in my new school. I will be able to work with other public high school students and feel like I'm a valuable contribution. I am glad to have had the opportunity to participate and keep it real and look forward to it again next year. Thank you. Thank you. Thank you. Thank you. I need to dial back for item number three and for approval of the minutes. So moved. Second. Motion by Council Member Ellinger, second by the Vice Mayor. Is there any discussion? Hearing none, we can take a voice vote on this. All in favor, please say aye. Aye. All opposed? No. Motion carries. All right. Back to the agenda, we have next on the agenda under presentations is the presentation by the Lexington Parking Authority, Mr. Gary Means. Gary, thank you, sir. Thank you, Mayor and Vice Mayor. I'm glad I got to follow the minutes instead of that awesome presentation, so there's a little bit of a letdown. I'm going to try to make parking as exciting as I can, but it won't compete. Okay. This first slide in this Lexington downtown parking demand study that we did basically just kind of sets the stage for why we would do a study. One on the left side is that there's just always a lot of conversations where we don't have enough parking or when are we going to build a new garage? Are we out of parking? And then, of course, under the ordinance, item number one of our list of duties from the parking authority is to study the need for parking facilities and report it. So here I am. This first slide, once I get into the mapping, I've overlaid something I got from the Downtown Development Authority just to kind of, underneath the coloring is the 34 different public parking facilities that we took a look at. But I thought it would be interesting just to see how the different neighborhoods address the downtown core and some of the parking spills out into some of the neighborhoods. Generally speaking, what we're looking at is just the downtown core in this study, but I thought that was a nice thing just to be able to see how the different neighborhoods address the core. This slide has the downtown parking facilities, and when I'm talking about the facilities here, it could be a surface lot or a parking garage, but there's 34 that we noted in this study, and that would mean ones that somehow the public can park there. Either they can pay a machine, pay a person, or get a monthly parking pass. So there are a lot of other scattered lots throughout downtown that are private, but these would be ones that would be open to the public. This is the parking supply, so the same locations, but I did a color coding of how many spaces they have. And you'll see the red and the orange coloring are the largest space facilities. Down in the bottom left corner is the High Street parking lot. Obviously, of Rupp Arena, so that's one of the largest facilities. Some of the garages range from 700 to 500 spaces, and they're scattered throughout. Typically, you'll see also on the outskirts of downtown, in blue, the smaller parking lots. Then we look at parking occupancy. And so what happened here is in some early days in December, so that we didn't miss folks that would have been out for holidays, trying to get a true look at the demand during the day, we did actual car counts. So here in red, we see that there's 71 to 100 percent occupied, and in green, 0 to 40 percent occupied. So you still find the core tends to be more occupied, and the green around the outskirts, much less occupied. Now this is where it starts to get interesting. This one is the downtown parking availability. This is what would happen if you owned a building or you owned a business and you were looking to relocate or you own a building and you're trying to bring a business group downtown. If you started calling around for parking availability, this is what you would hear. So the bad news is in these red colorings are parking facilities that will tell you we don't have any space available or we have less than 25 spaces available. And I just use that number because I think in terms of economic development, certain company size needing a certain amount of spaces is really where this starts to play. If a company is going to add an employee or two, we can always find a place for them. But if you're really trying to bring in a sizable group to downtown, we can see where the struggle would start. So this is just in availability when you contact the different operators. Here we decided to say, okay, what about the buildings? What's their current status? We used the Coleman Group's 2009 numbers that we broke down into buildings that have more than 20,000 square feet available and buildings that have less than. And it starts to get hard to see. I've got a couple of slides later on that get a little bit bigger. But, again, the buildings in red have more than 20,000 square feet. So, obviously, they're out trying to recruit tenants, trying to bring people into downtown. And in some cases, you'll see that they're in the same areas where there's not enough availability. We start talking about what future developments do we know about or what developments are people talking about that could happen in downtown? And then where do we think some potential locations for parking facilities could be? So in red, we've got facilities or developments that could occur. Just put a big block at the Rupp Arena lot, the potential new Rupp Arena or a development there, similar to that. Up in the Gratz Park area, north part of the slide is a red block where there's potential development that could tie in with the Gratz Park area and the inn up there. In the middle is the center point block. The lower center red block is what was formerly the Samaritan property, and UK owns that. There's been lots of development conversations about that. Then I pinpointed a few different areas, and let me just give you one that would be like a good 15-, 20-year plan. but the upper right yellow block is on Corral Street. If our downtown is going to grow besides going the Manchester direction, that northeast corner of our downtown is really an area that would grow, could use growth, and a parking garage right in the middle of that area would really spur a lot of development to build around it. Again, that would be more of a down-the-road future conversation. If the other ones more in the core are worth talking about. Here we just kind of mixed in the – changed the shapes of the availability so that when I start layering this in, here you can see how the buildings that have less or more than 20,000 square feet of occupancy available are related to the red squares, which mean parking facilities that don't have enough parking available. And then when you layer in the developments, it starts to show you what we will see in our summary is that the eastern part of the downtown core really has enough parking availability at this point. The central and the more western part of downtown for current need and any future development needs is the supply is limited. And that's basically what we went with in the summary is just to kind of say that that's what we see. Eastern end of downtown is in pretty good shape. Other than, you know, that whole conversation about the CVS block and that block right there, the rest of it, let me go back. We kind of cut that off in our study. So just to the west of that block on the east side, we've got plenty of parking for what's going on down there. Central and the western sides. we definitely could use more supply. And what we would say would be the next step is just to talk about where we know developments could happen, what areas might be a place where we would want to locate a facility, and then do some feasibility studies. I have a list of folks that I met with over the course of putting this together, churches, schools, and a lot of the developers and building owners and such. Any questions? Council Member Beard. Well, it didn't take the first time. Gary, not to be critical or anything, but I can't read your offering, either on the screen or what you gave me here. And I'm a detailed person. I'd like to be able to . . . I will make sure we email it to you. It's probably the printing quality and the same thing with the color. Well, it's just small is what it is, and I'm sure some of my compadres up here have the same problem. Sure. We'll make sure we get it emailed out to you all. Okay. Thank you. Thank you. Thank you, Mayor. Thank you. Any other comments or questions for Gary? Didn't look like it. Okay. Thank you, sir. Thanks so much, Gary. All right. Next on our agenda, our committee reports, Vice Mayor Gordon. Thank you, Mayor. I have several items tonight. First, to report the summary was approved. And the following ordinances under first reading were placed on the docket, and this comes as a motion to place on the docket without a hearing, numbers 12, 13, and 14. So moved. Second. It's a motion by the Vice Mayor, seconded by Council Member Farmer. We need to vote on that. All in favor of the motion, please say aye. Aye. Opposed, no. Motion carries. The next motion is to table resolution number 37 under new business until April 26, 2011, Committee of the Whole Work Session. Second. Second. Motion by the Vice Mayor and second by Council Member Ellinger. Is there any discussion? Hearing none, all in favor, please say aye. Aye. Opposed, no. Motion carries. Council Member Blues opposed. Motion carries. Next is a motion to place on the docket a resolution electing Council Member Doug Martin and Council Member Peggy Henson to the Transportation Policy Committee of the Lexington Area Metropolitan Planning Organizations. Council Member Martin will represent Districts 9, 10, and 12, and Council Member Henson will represent Districts 3, 5, and 11. So moved. Second. Motion by Vice Mayor Corton, second by Council Member Henson. Is there any discussion? All in favor, please say aye. Aye. Opposed, no. Motion carries. The next is not a motion for tonight, but to report that there was a motion to move forward with the process of posting the council administrator's amended job description. According to our Department of Law, we do not need a resolution for that. The following four motions will go to the Planning Commission and then come back to the Council. First, a motion to place on the docket to initiate a text amendment for 5.17.23C and 26 of the zoning ordinance. This will allow our code of ordinance in our code of ordinances the right of entry for building inspection to obtain an administrative search warrant and would be another tool to inspect properties for safety violations. So moved. Second. Motion by Vice Mayor Gordon, second by Council Member Farmer. Any discussion? Hearing none, all in favor, please say aye. Aye. All opposed, no. Motion carries. Next, I move to place on the docket to initiate a text amendment for 5.17.23C and 26 of the zoning ordinance to change the enforcement from a criminal penalty to a civil penalty, and appeals would be heard by the Infrastructure Hearing Board at their regular meetings. Is it a motion by the Vice Mayor? Is there a second? Second. Second by Council Member Farmer. Is there any discussion? Hearing none, all in favor, please say aye. Aye. Opposed, no. Motion carries. I move to place on the docket to initiate a text amendment for changes to Article I, Article VIII, and 28, and Appendix 23A of the zoning ordinance to change the language to temporary structures designed for use or occupancy for 60 to 180 days per 12-month period on a single property, calculating said period by cumulative consideration of the use of any and all structures on a single property with any changes to go to the Board of Adjustment. So moved. Second. Motion by the Vice Mayor and a second by Council Member Kaye. Is there any discussion? All in favor, please say aye. Aye. All opposed, no. Motion carries. I move to place on the docket to initiate a text amendment for changes to the definition of circuses and carnivals. Motion by the Vice Mayor, seconded by Council Member Farmer. Is there any discussion? Hearing none, all in favor, please say aye. Aye. All opposed, no. Motion carries. And there is a motion. This is not to go on the docket. I don't believe we may have to ask the Department of Law, but a motion was made to hear the sheriff, the E-911, and correction updates at the next Committee of the Whole work session on May 10, 2011, and for the invitation to report out to also include Sheriff Witt. And I might ask David Barbary, we do not need to put that on as a resolution, do we? So that's just to report out. And then the final item, Mayor, is Council Member Ellinger has a motion he's bringing regarding the council budget link schedule. Thank you, Vice Mayor. The Budget and Finance Committee was not on the agenda for Tuesday and won't be on until next Tuesday, and we will not be able to, or actually until the 26th in the council whole work session, and won't be able to report out until the 28th. So we are going to actually have our budget timeline for the fiscal year 12. will go ahead and be underway by the time we have our next meeting. So actually here is the schedule for the Committee of the Whole Budget schedule, and we had a motion that came out of the budget finance that I'd like to move forward, a motion by Council Member Farmer to accept the fiscal year 12 budget timeline as proposed, seconded by Council Member Lane, and passed without dissent. And there it is there, and I move this forward. So moved. Motion by Council Member Ellinger, seconded by Council Member Blues. Is there any discussion? Hearing none, all in favor, please say aye. Aye. All opposed, no. Motion carries. Thank you, Mayor. Thank you, sir. All right. Council Member Lawless, you were showing up on the monitor. Did you want to speak? Yeah, thank you, Mayor. The original motion we found out for the report was from the E911 Assistant Chief Boggs and Kathy Witt on corrections and that Kathy Witt also present any budget ideas or suggestions she might have. So I'd like to make sure that gets included in her invitation, and it might be two different presentations from her. Thank you very much. Okay. All right. Any further discussion related to the committee reports? All right, then we can move on to ordinances requiring a second reading. Madam Clerk. Ordinance number one, an ordinance accepting the bid of the Southern Group Incorporated in the amount of $109,791 for Kearney Hills Golf Course Irrigation Replacement for the Division of Parks and Recreation and appropriating funds pursuant to Schedule number 108. Number two, an ordinance ratifying the 2010 Division of Community Corrections Policy and Procedure Manual and adopting it in lieu of the Policy and Procedure Manual adopted in Ordinance No. 133-2009, which provides procedures for general management, public information, inmate information system, and inmate records, budgeting and accounting, inmate accounts, commissary, staffing, disciplinary actions, sworn status, appearance, code of ethics, court proceedings, personnel records, physical fitness, training requirements, off-duty employment, Drug-Free Workplace Policy, Employee Assistance Program, Tobacco-Free, No-Smoking Designation, Admissions, Commitment Authority, Inmate Records, Inmate Searches, Inmate Property, Orientation, Transfer and Release, Objective Classification, Security Assessments, Custody Assessments, Disciplinary Segregation, Administrative Segregation, Inmate Supervision, Security Procedures, Inspections, Searches, Transportation of Inmates, Use of Restraints, Use of Force, Weapons, Use of Firearms, Emergency Procedures and Operations, Inmate Health Care, Food Service Procedures, Equipment Maintenance, Control and Use of Dangerous Materials, Sanitation, Hygiene, Inmate Services Unit, Statement of Inmate Rights, Disciplinary Offenses, Hearing Procedures, Inmate Grievance Procedures, Probation Services Unit, Community Alternative Program Goals, Drug Testing Unit, and Community Service Unit. Ordinance 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 110. Number four, 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 $320,320 FHWA planning, $48,400 Federal Transit Administration Section 5303, $102,000 Mobility Office SLX, $54,000 Air Quality Planning SLX, $67,200 Congestion Management SLX, and $52,800 Bikeped SLX. Federal funds are for the Division of Planning Unified Work Program Fiscal Year 2012, the acceptance of which obligates the urban county government for the expenditure of $60,060 FHWA Planning, $12,100 Federal Transit Administration, $25,500 Mobility Office SLX, $13,500 Air Quality Planning SLX, $16,800 Congestion Management SLX, and $13,200 BikePed SLX as a local match subject to sufficient funds being appropriated in fiscal year 2012, appropriating funds pursuant to fiscal year 2012, Schedule No. 6, and authorizing the mayor to transfer on encumbered funds within the grant budget. Number five, an ordinance authorizing and directing the mayor on behalf of the Irving County Government to accept a grant from the Kentucky Transportation Cabinet, which grant funds during the amount of $490,000 federal funds, are for the Lexington Traffic Movement and Revitalization Study, the acceptance of which does not obligate the urban county government for the expenditure of funds, appropriating funds pursuant to Schedule No. 103, and authorizing the mayor to transfer unencumbered funds within the grant budget. Number six. Madam Clerk, excuse me just a minute. Council Member Beard, Council Member Blues has a comment on No. 5. I don't know if you want to take this up now, Mayor, or after the reading, but we did get this memo just before the meeting from Chris King on the change in the allocation of funds that would be used for studies of two-way street conversions in the event that we receive the grant. And Chris's memo points out that originally the study funds were to focus on the short and second street conversion. this says that the administration, after meeting with involved council members and transportation officials, is considering a revision to the scope of the grant project, et cetera. And since much of this conversion would be in the 2nd District, and since I have not been involved in discussion with the administration on this, I don't necessarily have an objection, but I would like an explanation of the reason for the shift in focus. Okay. Is Chris here? Chris, maybe you or Jeffrey, both of you. Good evening. This is a fairly fast-moving effort. As you know, these kinds of federal funds are under threat of being pulled back. Jeff, would you rather? No, go ahead. No. No, you don't. All of a sudden, there was somebody there. Thank you, sir. And there has been conversation about the original intent of this money as the first scope was drafted. and I reported to you when you asked questions back in March. It was back at March 15th when this came to you at work session. And there was, after that and some conversations with Transportation Cabinet, some questions as if that scope is originally drafted met the intent of the earmark that was granted, and then there were the conversations about finally getting some answers about what the costs would be and what the impacts would be of the larger picture of the conversion of the one- to two-way streets. So a revised scope was drafted and prepared and has been under discussion with transportation officials. But again, we'd like to proceed forward with this at this time. You would have to, at some point, make an adjustment in the grant budget if you accepted that. But again, we'd like to move forward quickly if we could. Chris, does this mean that if we received the grant that the 140 that would originally have been dedicated to short and second, that allocation would be enlarged? Yes. Basically, it means that we could accommodate the other? Yes. All of that that we had talked about originally would occur plus more. Okay. Looking at conversion. We would look at Maine and Vine, Limestone in short, High and Maxwell, and finally get some answers as to what it might cost and what the mitigation efforts might need to be and also some additional updating of the impact study that was done back in 2007 on some of those combinations. My concern was whether we would have to divide that smaller pie into additional segments. Actually, this is an expansion rather than a retraction. Everything we were originally doing, we talked about and more. Thank you so much. Yes, sir. All right. Thank you, Mayor. Thank you, Mr. Blues. I know that Mr. Reed's running back quickly, but I suppose that he, we all know it's a grievous error not to include a council member. I've tried to warn him about that, and this is in your territory, is what you're saying. So duly noted. It's everybody's territory, really, I guess. I just wanted to be involved. That's all, just to have a part in the discussion. We understand, right. And Mr. Beard, you live downtown, too. Yes, sir. Thank you, Mayor. I was afraid that we weren't going to talk about the elephant in the room, which is the main and vine situation. Chris, I'll wait for you to get up there so you can answer in a timely way. Do you anticipate this to be changing anything about what we had originally agreed upon of timing between the pairs? No, sir. Unless the council takes another action, you did pass an action some time ago that set out the idea and the program of implementation. What this study would be able to do would be to help get the reality of what would be involved, what the steps would have to be, what the impacts would be, and what the costs might be. So we see it as furthering that. Will they give us a multiplier or whatever, because it all isn't going to happen at the same time, and the costs will go up over time. I mean, if it was a Main Street, ultimately a Main Street, Vine Street situation, it could be, you know, the period between the pairs being actually executed would change. Yes, sir, and I think that's part of the idea, again, what those costs would be, how the phasing could work. Again, as you know, particularly where it comes to Main and Vine, There are a whole lot of other approvals that would have to occur of the state and federal highway folks. So all of that would be understood, and there would be some knowledge of the impact better than we have now. And we were supposedly to go to school on the question of two-way streets by separating these and putting them in pairs. I think the difference between, like, the High and Maxwell pair and the Maine and Vine pair was something like 18 years between them. Again, I don't recall the details. That's the issue's remark. I'm not going to be here in 18 years, so I don't really care. Thank you, Chris. Yes, sir. I'm glad your microphone wasn't on, Mr. Blues. All right. Thank you, Chris. Thanks, Jeff. All right. Can we? It's okay to proceed now, Mr. Blues. Oh, good. All right. Madam Clerk, please proceed. Ordinance number six, an ordinance authorizing and directing the mayor on behalf of the Urban County Government to execute and submit a grant application to the National Association of Police Athletic Activities League, Incorporated, 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 $30,000 federal funds, are for a juvenile mentoring program in 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. 102 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 accept a grant from the Kentucky Emergency Management Agency, which grant funds are in the amount of $98,700 federal funds and $15,792 Commonwealth of Kentucky funds, are for the Lexington-Fayette County Comprehensive Hazard Mitigation Plan, the acceptance of which obligates the urban county government for the expenditure of $17,108 as a local match, appropriating funds pursuant to Schedule No. 104 and authorizing the mayor to transfer unencumbered funds within the grant budget. No. 8, an ordinance authorizing and directing the mayor on behalf of the Urban County Government to accept a grant from the Kentucky Division of Emergency Management, which grant funds are in the amount of $97,125 federal funds and $15,540 Commonwealth of Kentucky funds, are for replacement of a generator at Fire Station 1, the acceptance of which obligates the urban county government for the expenditure of $16,835 as a local match, appropriating funds pursuant to Schedule No. 105 and authorizing the mayor to transfer unencumbered funds within the grant budget. Number nine, 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 $388,400 federal funds, are for continuation of the Chemical Stockpile Emergency Preparedness Program, CSEP, the acceptance of which does not obligate the urban county government for the expenditure of funds, appropriating funds pursuant to Schedule No. 106, and authorizing the mayor to transfer unencumbered funds within the grant budget. No. 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 Cabinet for Health and Family Services to provide any additional information requested in connection with this grant application and to accept this grant if the application is approved, which grant funds are in the amount of $448,036 federal funds, are for continuation of the New Chance Program in the Division of Family Services, the acceptance of which does not obligate the urban county government for the expenditure of funds, appropriating funds pursuant to fiscal year 2012, Schedule No. 5, and authorizing the mayor to transfer unencumbered funds within the grant budget. And No. 11, an ordinance amending Section 2252 of the Code of Ordinances, creating one position of administrative specialist part-time, grade 110N, in the Division of Emergency Management 911 and appropriating funds pursuant to Schedule No. 107. All right. Thank you, Madam Clerk. Is there a motion? Motion by Council Member Ellinger, second by Council Member Stennett. Is there any discussion? All right. We can take a roll call vote then. Madam Clerk. Mr. Myers? Yes. Mr. Stennett? Yes, ma'am. Mr. Beard? Aye. Mr. Blues? Yes. Mr. Ellinger? Yes. Mr. Farmer? Yes, ma'am. Mr. Ford? Yes. Ms. Gorton? Aye. Ms. Henson? Yes. Mr. Kay? Yes. Mr. Lane? Yes. Ms. Lawless? Yes. Mr. Martin? Yes. And Mr. McCord? Yes. Thank you. The vote reflects passage of the second reading of the ordinances. Madam Clerk, will you give us the first reading on the ordinances, please? And there will be a public hearing on ordinance number 16. Ordinance number 12, an ordinance changing the zone from a wholesale and warehouse business B4 zone to a neighborhood business B1 zone for 0.74 net, 1.07 gross acre, for a property located at 369 Codell Drive, a portion of Equity Alliance of Lexington, LLC. Number 13, an ordinance changing the zone from a professional office. Excuse me, Madam Clerk. Excuse me. Council Member Lawless has indicated that she wishes to speak. Council Member Crosby couldn't be here tonight, and she asked me to, on number 12, no public hearing is requested. All right. That's noted then. Thank you. Madam Clerk. Number 13, an ordinance changing the zone from a professional office P1 zone to a neighborhood business B1 zone for 0.594 net, 0.829 gross acre, for property located at 1389 Alexandria Drive, W. Nelson-McMacon. Number 14, an ordinance changing the zone from a highway service business, B3 zone, to a wholesale and warehouse business, B4 zone, for 1.083 net and gross acres for property located at 763 and 779 Newtown Pike, portions of, subject to certain use restrictions imposed as conditions of granting the zone change, SCW Newtown LLC. Number 15, 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. 112. I believe there's a public hearing. Yeah. Thank you. The Chair will open a public hearing. If there's anyone to speak on Item No. 16, please indicate, if you would, to the Chair. If no one wishes to speak on Number 16, then I'll close the public hearing. And, Madam Chair, you may continue. Thank you. Ordinance number 16, an ordinance approving and adopting an amendment to the 2010 consolidated plan to include the purchase of two residential units, relocation of the residents, and demolition of the units in the Meadows-Northland Arlington project. Number 17, an ordinance authorizing and directing the mayor on behalf of the Urban County Government to execute and submit the 2011 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 $3,641,000 federal funds are for fiscal year 2012 Community Development Block Grant Program, $2,050,000, Home Program, $1,500,000, and Emergency Shelter Grant Program, $91,000, the acceptance of which obligates the urban county government for the expenditure of $351,500 from various funding sources as local cash match and $67,000 in-kind match appropriating funds pursuant to fiscal year 2012, Schedule No. 9, authorizing the mayor to transfer unencumbered funds within the grant budget and authorizing the mayor to execute agreements for the approved plan. No. 18, an ordinance authorizing and directing the mayor on behalf of the Urban County Government to execute an amendment to the agreement with the Kentucky Energy and Environment Cabinet for the acceptance of additional federal funds for the Wolf Run Creek Watershed-based plan in the amount of $20,266, the acceptance of which obligates the urban county government for the expenditure of $13,510.67 as a local match and appropriating funds pursuant to Schedule No. 114. Thank you. Number 20, 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 2012, Schedule No. 7, and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 21, an ordinance authorizing and directing the mayor on behalf of the urban county government to accept a grant from the Lexington Fayette County Health Department, which grant funds are in the amount of $483,202 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 2012, Schedule No. 8, and authorizing the mayor to transfer unencumbered funds within the grant budget, No. 22, an ordinance authorizing the mayor on behalf of the urban county government to accept a grant from the University of Kentucky, which grant funds are in the amount of $496.50 federal funds under the Child Care Infant-Toddler Provider Incentive Mini-Grant Program, are for the purchase of equipment for the Family Care Center, the acceptance of which does not obligate the urban county government for the expenditure of funds, appropriating funds pursuant to Schedule No. 113, and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 23, an ordinance authorizing the mayor on behalf of the urban county government to execute and submit a grant application to the U.S. Department of Health and Human Services. to provide any additional information requested in connection with this grant application and to accept this grant if the application is approved, which grant funds are in the amount of $180,000 federal funds are for operation of the MASH drop-in facility, the acceptance of which obligates the urban county government for the expenditure of $20,000 to be provided by the MASH drop-in operating budget, appropriating funds pursuant to fiscal year 2012, Schedule No. 10, authorizing the mayor to transfer unencumbered funds within the grant budget and authorizing the mayor to execute an agreement with MASH Services of the Bluegrass Incorporated for operation of the drop-in facility at a cost not to exceed $180,000. Number 24, an ordinance authorizing and directing the mayor on behalf of the Urban County Government to execute a sponsorship agreement with and accept a $2,000 donation from PNC Bank National Association for the senior intern program and appropriating funds pursuant to Schedule No. 111. Thank you, Madam Clerk. Are there any additional motions? All right. If there are none, then we can move on to resolutions. Second reading. Resolution number one, a resolution accepting the bids of Herb Geddes Fence Company, Incorporated, S&T Fencing, Incorporated, Rio Grande Fence, Shuck Fence Company, Incorporated, Myers Fence, LLC, and A&W Fence Company, Incorporated, establishing price contracts for fencing for the Division of Parks and Recreation. Number two, a resolution accepting the bid of Global Environmental Solutions, LLC, establishing a price contract for electronics waste recycling for the Division of Waste Management. Number three, a resolution accepting the bid of Machine X Technologies, Inc., in the amount of $106,440 for EDDI Current Separator Thompson Road Material Recovery Facility for the Division of Waste Management. Number four, a resolution accepting the bid of Allied Technical Services, Inc., establishing a price contract for temporary pumping services, generators, and emergency wastewater treatment plant equipment rental for the Division of Water Quality. Number five, a resolution authorizing and directing the mayor on behalf of the urban county government to execute an agreement with Volunteers of America of Kentucky Incorporated for support of emergency housing for homeless families at a cost not to exceed $8,000. Number six, a resolution authorizing and directing the mayor on behalf of the urban county government to execute Change Order No. 7 to the contract with Nesbitt Engineering, Inc., for design of the Meadows-Northland-Arlington Public Improvements Project Subphase 3D, increasing the contract price by the sum of $3,200 from $260,458.78 to $263,658.78, and amending Resolution 411-2010 related to Change Order No. 6 for the project to reflect that the correct subphase is Subphase 3D. Number seven, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a contract modification to the Engineering Services Agreement with GRW Engineers Incorporated for design of the Liberty Road-Todds Road Section 2 Public Improvement Project, increasing the contract price by the sum of $271,053 from $399,992 to $671,045. Number eight, a resolution authorizing the mayor on behalf of the urban county government to execute agreements with Bluegrass Community Foundation, $450, Big Brothers Big Sisters of the Bluegrass, $450, Lexington Dolphins Incorporated, $300, and Girls on the Run, $450, for the Office of the Urban County Council at a cost not to exceed the sum stated. Number nine, a resolution authorizing the mayor on behalf of the urban county government to execute a memorandum of understanding with the University of Kentucky for parking at U.K. Polk Dalton Clinic at no cost to the urban county government. Number 10, a resolution ratifying the probationary civil service appointments of Demetria Kimball, Environmental Inspector 2, Grade 117E, 10914.56 biweekly, Kevin Line, Environmental Inspector 2, Grade 117E, 10897.84 biweekly, Benny Begley, Sewer Line Maintenance Superintendent, Grade 116E, 200430.48 biweekly, in the Division of Water Quality, effective March 7, 2011. Ratifying the permanent civil service appointments of John Kerry, Telecommunicator Supervisor, Grade 116E, Jason Eason, Kevin Owens, Telecommunicator, Grade 111N, in the Division of Emergency Management, 911, effective February 28, 2011. Ratifying the unclassified civil service appointments to the Office of the Urban County Council of Leah Boggs, Aid to Council, Grade 000E, 2057.69, biweekly, in the Council Office, effective February 28, 2011, ratifying the unclassified civil service pay increases in the Office of the Urban County Council of Melinda Milburn-Jameson, aid to counsel, grade 000E, increased from $2,000 biweekly to $2,057.69 biweekly. Scott Seymour, aid to counsel, grade 000E, increased from $1,942.31 biweekly to $2,057.69 biweekly, effective February 28, 2011, ratifying the temporary appointment in the Office of the Urban County Council of Donna Jeanette Williams, Council Administrator, Grade 121E, 2002, 49.92 biweekly, effective February 21, 2011. Number 11, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an assignment of easement and an amendment to license agreement with the Cincinnati, New Orleans, and Texas Pacific Railway Company and Don Jacobs Incorporated at a cost not to exceed $4,350. Thank you, Madam Clerk. Is there a motion to approve? Motion by Council Member Beard, seconded by Council Member Myers. Is there any discussion? All right. Hearing none, then Madam Clerk, we can take a roll call. Mr. Myers? Yes. Mr. Stenner? Mr. Beard? Aye. Mr. Blues? Yes. Mr. Ellinger? Yes. Mr. Farmer? Yes, ma'am. Mr. Ford? Yes. Ms. Gordon? Aye. Ms. Henson? Yes. Mr. Kay? Yes. Mr. Lane? Yes. Ms. Lawless? Yes. Mr. Martin? Yes. And Mr. McCord? Yes. Thank you. This vote reflects passage. So, Madam Clerk, next on our agenda are the first reading resolutions. Thank you. restroom units for the Division of Parks and Recreation. Number 15, a resolution accepting the bid of ProTech security sales, establishing a price contract for ballistic shields for the Division of Police. Number 16, a resolution accepting the bid of Ennis Paint Incorporated, establishing a price contract for traffic marking paint for the Division of Streets, Roads, and Forestry. Number 17, a resolution accepting the bid of accent wire, establishing a price contract for bailing wire for the Division of Waste Management. Number 18, a resolution authorizing the Division of Community Corrections to purchase drug testing essays for the Community Alternative Programs Drug Testing Program from Thermo Fisher Scientific doing business as Microgenics, a sole source provider at a cost not to exceed $41,652, and authorizing the mayor to execute necessary documents. Number 19, a resolution authorizing the mayor on behalf of the Urban County Government to execute modification number one to the Neighborhood Stabilization Program funding agreement with the Kentucky Department for local government to clarify eligible uses of funds and to include a provision for loan servicing by Kentucky Housing Corporation. Council Member Lawless. Thank you, Mayor. On number 19, is there somebody here that can clarify what that entails? Let me go back to my memo. I'm clarifying. There was some ambiguity in the original agreement about how we were going to spend the funds. There are a couple of different eligible uses. One is redevelopment and one is land banking. And this was to clarify how much funds were in each eligible use. And also, if to the final consumer, when the final consumer buys the property, if those funds are left in the – amount of funds are left in the property as a loan to the consumer, then that mortgage will be serviced by Kentucky Housing Corporation. Does that make any – It makes some sense. And maybe if you could just email me a copy of the agreement. I will. I will. It's cleanup language from DLG. Okay. Thank you so much. Madam Clerk. Resolution number 20, a resolution authorizing the mayor on behalf of the Urban County Government to execute a commercial services agreement with Insight Communications Company, LP, to provide Internet network connectivity to the Division of Emergency Management 911 using federal grant funds at an annual cost not to exceed $960. Number 21, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a facility encroachment agreement with CSX Transportation Incorporated for installation of a sanitary sewer force main for the Beverly Avenue sanitary sewer project at a cost not to exceed $4,000. Number 22, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute and submit a grant application to the Kentucky Energy and Environment Cabinet and to provide any additional information requested in connection with this grant application, which grant funds are in the amount of $16,000 Commonwealth of Kentucky funds and are for purchase of dumpsters to be placed in schools for commingled recycling. Number 23, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an amendment to agreement with the Kentucky Transportation Cabinet for extension of the Maxwell Street Bike Pedestrian Project through March 10, 2012 at no cost to the Urban County Government. Number 24, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute change order number one to the contract with Marillia Design and Construction for the Maxwell Street Sidewalk and Bike Lane Project, increasing the contract price by the sum of $8,470 from $299,968.21 to $308,438.21. since. Number 25, a resolution authorizing and directing the Mayor on behalf of the Irving County Government to execute an amendment to agreement with the Kentucky Transportation Cabinet for extension of the Town Branch Trail Phase 3 project through June 3, 2012 at no cost to the Irving County Government. Number 26, a resolution authorizing the Mayor on behalf of the Irving County Government to execute an amendment to agreement with Granicus Incorporated for addition of the word add-in module and integration with Legistar at a cost not to exceed $1,625. Number 27, a resolution changing the street names and property address numbers of 2515 Harrodsburg Road to 2376 Alexandria Drive of 588-600 and 601 Judy Lane to 2278, 2277, and 2281 Allen Drive of 600 Parkside Drive to 2297 Allen Drive of 1200 Center Parkway to 3554 Appian Way of 928 North Limestone to 122 Arkeem Avenue of 3252 Bay Springs Park to 3297 Blackford Parkway, of 400 McKenna Court to 1752 Bryan Station Road, of 2849 Trailwood Lane to 2772 Burnt Mill Road, of 1100 and 1092 Spring Run Road to 3861 and 3872 Hidden Springs Drive, of 538 Parkside Drive to 2309 Irene Drive, of Units A and B 500 Shaftesbury Road to Units 101 and 102, 1210 Meadow Lane, of 1049 Mill Creek Court to 1162 Mill Creek Drive, of 1112 Center Parkway to 3503 Olympia Road, of 469, 461, 463, 468, 460, and 462 West 5th Street Court to 475, 483, 491, 476, 484, and 490 Pilgrim Court, of 408 West New Circle Road to 1499 Russell Cave Road, of 1725 Chelmsford Drive to 617 Stonehaven Drive, of 2601 Kearney Creek Lane to 2777 Sullivan's Trace, and of 509, 511, 513, 515, 519, 521, 523, and 527 Bourbon Avenue to 470, 474, 478, 482, 486, 490, 494, and 498 Willie Street. changing the property address numbers of 217 to 219 Albany Road to 219 Albany Road, of 1805 to 1865 Alexandria Drive to 1801 Alexandria Drive, of 2045 Altamont Court to 2035 Altamont Court, of 362 to 366 Aylesford Place to 364 Aylesford Place, of 2537 Berea Road to 2540 Berea Road, of 370 Glen Arvin Avenue to 366 Glen Arvin Avenue, of 1100 Horseman's Lane to 1050 Horseman's Lane, of 350 Lyle Industrial Avenue to 336 Lyle Industrial Avenue, of Units A and B 3386 Mound View Court to 3386 and 3388 Mound View Court, of 510 and 262 West New Circle Road to 540 and 260 West New Circle Road, of 580 West 6th Street to 575 West 6th Street, and of 495 to 497 West 3rd Street to 497 West 3rd Street. and changing the street name of 1953, 1949, and 1945 Mark Avenue to 1953, 1949, and 1945 Dark Tower Road, all effective 30 days from passage. Number 28, a resolution authorizing the mayor on behalf of the Urban County Government to execute a commercial services agreement with Insight Communications Company, LP, and to provide Internet network connectivity to the Division of Emergency Management 911 at an annual cost not to exceed $720. Number 29, a resolution changing the street names and property address numbers of 3000 Blackford Parkway to 3220 Bledsoe Place, of 937 Williamson Street to 230 Driscoll Street, and of 326 West 5th Street to 465 Kenton Street, changing the property address numbers of 604 South Broadway to 606 South Broadway, of 666 Cielo Vista Road to 668 Cielo Vista Road, of 800 Florence Avenue to 794 Florence Avenue, of 355 South Limestone to 357 South Limestone, and of 1513 Versailles Road to 1511 Versailles Road, and changing the street names of Vaughn Alley to Merlot Alley and of Morris Alley to Sue Perkins Alley, all effective 30 days from passage. Number 30, a resolution authorizing the mayor on behalf of the Irving County Government to execute an assignment accepting a permanent easement for stormwater runoff for property located at 2299 Brannon Road at no cost to the urban county government. Number 31, a resolution authorizing and directing the mayor on behalf of the urban county government to execute change order number one to the contract with Gershman, Brickner, and Bratton, Incorporated for Waste Management Routing Software and Implementation Services for the Division of Waste Management, Increasing the contract price by the sum of $66,000 from $1,655,596 to $1,721,596. Number 32, a resolution authorizing the mayor on behalf of the urban county government to execute lease renewal agreements with Commonwealth of Kentucky for State Police CDL office and driver's license office at 162 East Main Street. Number 33, a resolution authorizing the mayor on behalf of the Urban County Government to execute an agreement with International Public Management Association of Human Resources for the purchase of test products and services for the Division of Human Resources at a cost not to exceed $1,000. Number 34, a resolution ratifying the probationary civil service appointments of Andre Scott, equipment operator, grade 108 N, 17.242 hourly, in the Division of Water Quality, effective April 18, 2011. Steve Zahn, Equipment Operator, Grade 108 N, 16.219 hourly in the Division of Water Quality, effective April 18, 2011. Ratifying the probationary sworn appointments of Robert Crow, Fire Captain, Grade 316 N, 23.039 hourly in the Division of Fire and Emergency Services, effective March 28, 2011. Jeremy Greer, Fire Lieutenant, Grade 315 N, 17.786 hourly in the Division of Fire and Emergency Services, effective March 28, 2011. Number 35, a resolution authorizing the Division of Human Resources to make a conditional offer to the following, Mark W. Fisher, Project Engineering Coordinator, Grade 119E, 3076.93 biweekly in the Division of Water Quality, and authorizing the beginning of the unclassified civil service employment upon successful completion of a physical or medical examination as required, effective upon passage of counsel. And number 36, a resolution approving pursuant to KRS 62.055 and Section 2255.1 of the Code of Ordinances, the bond with surety of John Larson, County Judge Executive, in the amount of $10,000, and directing the Department of Law to record the bond with surety along with a certified copy of this resolution in the Office of Fayette County Clerk. Number 37 has been placed on the table. Number 38, a resolution authorizing and directing the mayor on behalf of the urban county government to execute a certificate of consideration and to accept any easement from Kentucky American Water Company for the property located at 3720 Richmond Road for the East Hickman Pump Station Overflow Spillway at no cost to the urban county government. Number 39, a resolution authorizing and directing the mayor on behalf of the urban county government to execute change order number two, final to the contract with Bluegrass Contracting Corporation for the Vons Branch Flood Hazard Mitigation Project, increasing the contract price by the sum of $9,968.24 from $1,251,663.75 to $1,261,631.99. Number 40, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute change order number two to the contract with Stantec Consulting Services Incorporated for the Loch Lomond Drainage Improvements Project, increasing the contract price by the sum of $6,165.25 from $67,340 to $73,505.25. And these were added in the committee report out. Number 41, a resolution of the Urban County Council electing Doug Martin as representative for Council Districts 9, 10, and 12 and Peggy Henson as representative for Council Districts 3, 5, and 11 to the Transportation Policy Committee of the Lexington Area Metropolitan Planning Organization. Number 42, a resolution initiating zoning ordinance text amendments for Planning Commission consideration and recommendation to amend Article 5.1A of the zoning ordinance to provide for right of entry and administrative search warrants and amending Articles 5.9, 17.14, 23.C.13, and 26.12 to provide for civil fines. Number 43, a resolution initiating zoning ordinance text amendments to define and regulate temporary structures. And number 44, a resolution initiating zoning ordinance text amendments to define and regulate circuses and carnivals. Thank you, Madam Clerk. Are there any walk-ons, Vice Mayor? Gordon. Thank you, Mayor. I was asked by the administration to walk this on. I move to place on the docket under first reading of resolutions a resolution authorizing the Division of Human Resources to internally advertise for all vacant positions through June 30, 2011, and authorizing the Division of Human Resources to advertise externally if a qualified applicant pool is not reached within the first week of internal advertisement. The motion by Vice Member Gorton and second by Council Member Lane. We can take a voice vote on this. Is there any discussion? All in favor, please indicate by saying aye. Aye. All opposed, no. Motion carries. Any other walk-offs? Council Member Martin. Thank you, Mayor. I move to place on tonight's docket a resolution requiring additional council approval prior to the use or expenditure of any economic contingency designation funds as established pursuant to ordinance number 78-2006 for the remainder of fiscal year 2011. So moved. A motion by Council Member Martin, second by Council Member McCord. Is there any discussion on the motion? Hearing none, all in favor, please. Council Member Blues, I'm sorry, I thought you were on the next one. Excuse me. Council Member Blues. Thank you, Mayor. Is there a reason for this? Since all expenditures have to go through the budget amendment process, or would have to go as I understand it. We have to identify the amount, the expenditure, the recipient would have to be approved by counsel. On the face of it, this seems redundant or superfluous. Thank you, Dr. Blues. We've looked at this a couple of different ways. I had the resolution by the Law Department, I was very pleased with the Mayor's strong support for the Rainy Day Fund. And since the Council had budgeted $6 million from the Rainy Day Fund to be held sort of in abeyance until after January 1, 2011, since we are after January 1, 2011, I thought it was appropriate that we support that effort to maintain the integrity of the Rainy Day Fund. I think there is some ambiguity about the fact that we have budgeted $6 million for the Rainy Day Fund, and I think this supports the mayor's strong convention about keeping the integrity of the Rainy Day Fund. So this is a symbolic gesture merely? Well, the ordinance itself with the Economic Contingency Fund is an ordinance in the same as a budget, And so I think unless there's someone who has strong convictions about it, I think this is going to help us to at least clarify an ambiguity that may exist about the use of these funds. We have had situations where you've had budgeted funds in the past, such as with the PDR program, where we've looked at that for a budget amendment, and we've been told later that the money has already been spent because it was expected it was sitting in the budget. So I just think this sets a clear signal that the Economic Contingency Fund, we're going to hang on to it for dear life, and we're going to continue to try to improve it and to grow it and to keep it intact. Thank you, Mayor. It does seem to me that that's really an unnecessary gesture. Vice Mayor Gordon. Thank you, Mayor. Well, when this came to us this afternoon, I had asked Council Member Martin several questions about it, and I think there is some difference of opinion among our folks in various divisions about exactly where the Economic Contingency Fund is. there's one opinion that says it's not really in the budget as a line item. It's in a reserve fund balance. And there's another opinion. These are not legal opinions that I've gotten, but people who've given me their opinion. In our divisions, there's another opinion that it would have to come before Council anyway, and the ordinance, which I thank Council Member Martin for giving us each copy, the last section, number six, is not very clear. It says that this will simply come back to the Council for discussion. So I think I will be supportive of your motion to be sure we have that, but I think we also will want to go back and look at tightening up the ordinance and perhaps changing Section 6 and, you know, that motion can be made at another time. But I think it is a little ambiguous at this point. And I want to be sure that Council has a final say in that. Thank you. Council Member Ford. Thank you, Mayor. I guess my question would be the urgency in presenting this ordinance, I mean, excuse me, this walk-on resolution. Like many, I only received a copy of this walk-on this afternoon, shortly after 4 o'clock when I arrived in the building, and then only received a copy of the ordinance that references it as I took my seat around the council chamber this afternoon. just before the meeting. So I guess my question is the earnestly of the matter. We just had a work session on Tuesday, and Council Member Martin, if you could address the earnestly between then and now. Well, we have approximately, what, 10 weeks, I guess, left in the budget year, and the year is quickly moving out. And we're approaching the time at which if use of the economic contingency fund is required, this is going to be the time we have to do it. And so I think that since this has a budgetary impact, we're not going to be able to second read it tonight anyway. And so I think we're going to have to at least I ran that through the legal department, and that was the instinct that I was told. But unless that changes, we're going to need to hang on to this for a second reading at a later time anyway. Let me clarify. It would be because it's a matter of finance. Your charter requires you to have matters of finance, taxation, et cetera, as well as appropriations. I don't think this is technically going to be in the appropriations category, but it probably would land in the finance category, and under your charter, and you're not supposed to suspend the rules at the same meeting and give it to a reading. I've got a question. My recollection of the budget that we passed last year was that it included the reaching into the economic contingency fund. That's my understanding as well, and I think in order to address some of the confusion, although I'm going to have to punt to finance and budgeting at some point in time, it is my understanding as well that that is the case, and I think that at least with respect to some of these funds, they are in categories of accounts where they could be spent without you all necessarily having a budget amendment brought back to you in order for that to take place. The concern that's been expressed to us has been more of a, I don't think there's an intent to spend it, but at the same time you have some laws that require you to constitution and the charter to balance your budget at the end of the year. I think there's a concern on the part of the department that they may technically have to reach into that account, even though they don't intend to spend a lot of it, in order to close the books out at the end of the year, and they don't want something like this to serve as an obstacle to that happening. Because in that situation, under the Constitution, we're legally required to balance the books at the end of the year. They're going to have to take the money from somewhere to do that, and they're not planning on taking it from here. But if they're short a few thousand dollars, that may be where it ends up coming from in that scenario. Ryan. Yes. I heard a couple questions. First of all, I'll address, would an action of council have to happen for accounting, say, for instance, to draw the Economic Continency Fund? And there would actually, it's in the budget. To balance the budget, just over $5.8 million approved by council is in the budget. So the authority rests with accounting to make that transfer at any time. Now, clearly, I remember a motion earlier in the year that said, hey, if you're going to do it, come back to us before the first of the year. There's been no draw by accounting, so that never happened. I think if we do move this out of the budget, we would need a corresponding, you need a debit and a credit associated with that. So a revenue stream, the $5.8 million is in the budget. We would need a reduction of $5.8 million in expenditures to take that out to adhere to the state constitution and the charter for a balanced budget. To elaborate a little bit about the year-end close, the authorization is there for accounting. So you can't have a negative fund balance in our general fund. It's $5.8 million that was approved. It's in the budget. So when the year-end close process happens, I'm getting a little out of my bailiwick here, but accounting would have that authorization to draw that out, again, to adhere to the state constitution and to adhere to the charter, both of which say that we have to have a balanced budget or a balance in the general fund at the end of the year. It's like Commissioner Driscoll. the actions that we have taken and plan to take for the end of the year. So, you know, we pledge that to you. We are going to bring that back to you in two weeks in terms of how we balance the budget. So I think that will become clear, and I know that's been a source of many questions, which is understandable. I just wanted to clarify that. Okay. Thank you. Council Member Lane, then Myers, then Vice Mayor Gordon. Thank you, Mayor. I just wanted to address the Vice Mayor's comment about, is this a mysterious number floating around somewhere on the balance sheet? But on page 33 of the most recent CAFR report, there's a line item which shows that $14,470,569 are designated for economic contingency account. So it is definitively laid out on our balance sheet as a contingency amount. So I just thought I'd share that with the council. Thank you, Mayor. Thank you. Vice Mayor Gordon. Sorry. Thank you, Mayor. Yes, I wanted to ask then, and this is bringing back all the budget discussions last year, and actually this is a reason that I voted against the budget, is because it relied on the Economic Contingency Fund. And so if what Mr. Barrows said is the case and it's in the budget, then would not this resolution be a moot point because we can't do this? I mean, it doesn't make any difference. I think what Mr. Barrows is also saying, in order to have the ultimate effect that possibly you wanted to have, you would have to take it out of the budget. You'd have to do a budget amendment to move it somewhere else because it's in the budget. To move it out as an example. Yeah, and what he's saying is they don't have the numbers to give you to balance that out at this point in time. And so at June. So it's kind of similar to what you would have done, I think, under your moratorium one last year. You're basically directing them not to do it, and I don't think they're planning on doing it. So then on June 30th, if none of the economic contingency money is used, what happens then on June 30th since it's in the budget, does it flow into our regular general fund, or can it automatically go back into the economic contingency fund? Well, first of all, let me give a little verbiage around the economic contingency fund. It's a separate bank account, and it's not restricted on governmental accounting standards. It's in a separate bank account, and it's a council-imposed restriction. That money is going to sit in there. If it's not required to have that balance in the general fund at the end of the year, it will never move. It will continue to sit there and be over $14 million. If revenues do not equal expenditures on an annual fiscal year basis, then accounting as a last resort is authorized to take whatever accounting needs out to balance the general fund. Money is in the economic contingency fund bank account, and it will remain in there as long as revenues equal expenditures for this fiscal year. And just one last question. So if it's in the budget, which was passed, which I think I heard you say earlier, what happens to it budget-wise at June 30th? Not account-wise, you know, not bank account-wise, but budget-wise. Budget-wise, that chart field has a budget of $5.8 million and an actual of zero. Nothing happens. To think of it on a graph, again, $5.8 million is the budget. The actual is here. It's no different than any other budget item to actuals. Okay. Thank you. Council Member Martin. Thank you, Mayor. I think that this sort of illustrates the ambiguity that I think we all feel, or at least some of us feel. And I was surprised by Ryan's comments because I think anybody who's looked at our economic contingency fund ordinance would be surprised to learn that this elaborate procedure that's set out in this ordinance doesn't have to be followed, that, in fact, accounting can write a check at the end of the year if it so wishes. And there's an elaborate procedure for coming to the council and making propositions to use the economic contingency fund. My concern was that the fact that we had put in it as a placeholder the $6 million in the 2011 budget, that that somehow superseded this ordinance. And maybe this ordinance doesn't have any effect at all. So I guess I ask my fellow council members to support our resolution. All we're really asking, I think, is for the administration to come talk to us at such time as it feels it needs to use the Economic Contingency Fund, which I think is the intent of the ordinance that was passed when it was set up. And so I guess ask for support from my fellow council members. Thank you, Mayor. Council Member Henson. Thank you, Mayor. Ryan, if that money was needed, even though it's in the budget, it would still require a budget amendment, correct? Remove it from one fund to another? My interpretation is it would not. I apologize. Actually, five minutes before the meeting is the first I heard. Otherwise, I would have came prepared with the chart fields and stuff. But in the contingency department ID in the large budget book, there is a line that is actually clearly defined $5.8 million transfer from economic contingency into the general fund. So that line there, as approved by council, is the authorization for which to do this. Okay. So there would be no additional, I mean, clearly if there is a directive to come back and ask and those kind of things, I'm sure those would be followed to the best of the ability. But the authorization is there to make that transfer. Okay. Thank you. I guess I agree with Council Member Ford as far as the urgency of this. and I realize that this is a different economic year for us where we're having to use funds that we have set aside and don't want to use. But I don't like having something brought and placed on the docket without actually having the time to review it. And I would recommend putting it in committee to really search and find out, make sure that we do this. If we're going to make changes, that we do it correctly. Thank you. Council Member Lane. Thank you, Mayor. I was on the committee with Dr. David Stevens that really worked on this ordinance. And, you know, based on what I know about it is when we did the budget earlier in the fiscal year, there was a formula that was computed that showed that because of our income level being declining or flat, that we would qualify to make a withdrawal from the Rainy Day Fund or the Economic Contention Fund, whatever you want to call it. And so I think that we have really complied with the ordinance when we originally did the budget. Now, I think everybody would agree that we don't want to take the money out unless it's absolutely necessary, and I believe that the Commissioner of Finance and the mayor and his people are working diligently to try to not take the money out of the account. But on the other hand, I think that Council Member Martin was more interested in just, before we do make a withdrawal, just that the council would be noticed on that. I think that's what he was trying to accomplish, not to make this too heavy duty of an issue. Since we don't have a good reading at this point, whether we're going to make it out without having to go into the economic contingency account. So I think that's where we are on that. And I hope that adds a little bit of clarity to the question. Thank you, Mayor. Council Member Kaye. Yes, I'm sorry. When you speak about money that could be moved at the end of the year out of the contingency fund, is that a temporary transfer in order to meet a real fiscal obligation, and then that money goes automatically back into the contingency fund? And is this a special condition? I guess the money would not go back unless we had it. And there is, for normal cash flow operations, there is a reasonable amount of money that needs to be in the general fund. You can't run it to zero. So, for instance, we started this year with $2 million. That may be even a small amount considering we get bills in that are larger than that. The way it was budgeted was the money to be transferred over to balance a year, to have revenues that equal expenditures, the way it was budgeted. So it wasn't, I guess on a budgetary basis, it wasn't to go back. And on a real basis, it can only go back unless we have that money. I'm assuming we only draw it if we need it to balance the year. So it wouldn't be temporary, my interpretation. Okay. And if at other times there was the administration was interested in moving money out of that fund to meet other general needs, would this prevailing ordinance then be in force? I think for fiscal year 11, Council gave the authorization to draw up to $5.8 million. So I think in fiscal year 11, that can happen at any time. I think the administration has indicated it will only happen if it is needed, and I think good fiscal policy would be the same. I happen to run the calculation for next year. The economic, per the ordinance, the economic contingency withdrawal is not permitted based on our current math for fiscal year 12. I see. Thank you. That helps. Council Member Myers. Mr. Barrows, could you come back up to the microphone, please? Because my question is, it really sounds like the intent here is to keep this money from being spent unless it has to be spent. I think the consternation is that we have never received a plan for reduction of expenditures from the government, and that's the concern. We're getting to the end of the rope, and we don't know what's being done to make sure that this money doesn't have to be spent. I myself would like to see cuts made rather than just wait until the end of the year, and we didn't make it, so now we have to use this money, particularly if we can't use any more money in 12. Yes, ma'am. And just to follow up, that's what I was speaking about. We pledged that the next meeting we were bringing that plan to you, so it will have those actions. Yes, ma'am. I realize that, but what we're saying is that by the time we get that in two weeks and then you have time to take action on that, we're close to the deadline. So my question would be, Mr. Rarrow, she said, or either one of you can answer, I guess, that if we were to do, I think what you said was if we were to do what this motion would be intending to do, in order to move that money out of the budget where it's at, we'd have to reduce expenditures to equal that out. Otherwise, we're in violation of the state constitution in our charter. Is that correct? In other words, if the council made a motion today to move that line item that you said was in the budget that we passed out and put that back into, I realize it hasn't left the contingency fund, but to basically remove that line item, what else would have to take place to do that? Then technically you would be out of balance from the original budget because it shows the transfer and the current expenditures in the original budget. But what we would be bringing to you is the plan that makes any official adjustments and report on other measures. The mayor, I believe, spoke about when we talked about our challenges like hiring freeze and what are the projected lapse in personnel and the other internal changes that we have made to date to capture a reduction in expenditures. But if you currently, to maintain a balanced budget, if you took the five-plus out, you'd have to reduce on the expenditure side by a like amount to have a balanced budget. Okay. In that same budget that we passed, there was provision for $4 million worth of property sale also in order to balance the budget. How does that play into this? Go ahead. Well, I'm not sure it. So we haven't done that. That hasn't happened. That hasn't materialized. That sale has not materialized. That is correct. Okay. I guess I would agree with what the intent of this motion is, and that is to ensure that before this money is spent, that the administration would have to come back to the council and explain why it needs to be spent and what all is going to take place in that process. So I think I'm going to support the motion. Thank you. Mr. Farmer. Thank you, Mayor. Commissioner, thank you for all of your work this week. Thank you. Giving the mayor the opportunity to present it to us. Lots of staff. Lots of staff. Help. Lots of staff contributions. When we had our budget retreat or budget meeting at the Phoenix Center, you all spent a lot of time going through a scenario that started out with us being $9 million out around in the current year. And there was some additional income and some bond income. And at the end of that meeting on that day, it looked like we were going to be out around about $2.3 million is what I recall. And so I'm just working on a personal assumption here that you were continuing to work that number to as close to zero as possible, but that walking away from that meeting, I was of the opinion that the maximum amount we would need to take from the Economic Contingency Fund would be equal to that amount. I'm right so far. Yes. Thank you. Thank you. You're shaking your head so well. So you have said tonight that when we meet a week from next Tuesday at our next Committee of the Whole work session, that you're going to produce a plan at that time that I guess in essence covers the rest of the amount that we're potentially out around or short? That is correct. Well, the whole plan. We want to confirm things like the personnel laps that we estimated, that that is coming true in terms of the expenditure level, that the discretionary expenditure directive that the administration had given to the division directors has realized us X amount of dollars. We go through each one of those items with you. So, yes, we will. Are you far enough along in that analysis to know if we will balance? We are closing in on making it balanced. Thank you. We are looking at current revenue estimates, obviously. It's almost April 15th, so it's a critical time for us in terms of revenue. So we want to get the latest information in terms of the revenue side of the equation as well. Thank you very much. I always appreciate every council member's efforts on all of our behalf to make sure that we're doing the very best we can with each tax dollar. And I appreciate the effort behind this motion this evening, but I think, at least in my mind, it puts, to a certain degree, the cart before the horse. Please sit down. In my mind, it's good to want to do this, but I think it's good to want to do it when we know where we're going for sure. And I believe that nothing can transact within the government between now and our next physical meeting here or after our docket is set a week from Tuesday. So I don't believe we would miss anything to hesitate to know more before we would make a policy decision. And having laid that groundwork for each and every one of you, I would propose that we would table this until that time. Second. There's a motion to table by Council Member Farmer and a second by the Vice Mayor. Motion to table. Do you need it? Two weeks. Two weeks. Okay. So a motion to table governs. Is there any discussion on the motion? Is it? Oh, that's right. Sorry, sorry. Sorry. Oh, Council Member Blues, you were just shaking your head so hard. All right. So all in favor of the motion to table, please indicate by saying aye. Aye. All opposed, no. All right. Show of hands. All in favor, please indicate by holding your hand up. This is, can we vote electronically clerk? All right. Thank you, ma'am. All right. All in favor, please, to table, please indicate saying yes on the monitor. All right. Okay. Mr. Stinnis, monitor is broken. So sorry. All right. The motion to table passes. All right. I was just going to say as a parenthesis to that, can I speak to that now or not? Is it allowed to? Very quickly? Oh, thank you so much. I'm always impressed. I will say this. I don't know about you, Council Member Farmer, but in the jewelry business, in the construction business, we can rarely get to seven-tenths of one cent, even on a final, you know, after it's over. It's always impressive to me how the government, this is a tribute to everybody, really, financially, how our budgeting process and our closing process really does come stunningly close. We may be inefficient in some things, but this gets pretty efficient. So thank you all for that discussion. Madam Clerk, let's see, wait a minute. We had a first reading, so we're at the walk-on. So are there any additional walk-ons? All right. So now we need the first reading. Oh, Council Member Stennett. I was going to make a motion to suspend the rules. Yes, sir. All right. She's already read it. She's already read it, right? I need to read the walk-on first. Oh, the walk-on. Okay. Resolution number 45, a resolution authorizing the Division of Human Resources to internally advertise for all vacant positions from the date of passage of this resolution through June 30, 2011, and authorizing the Division of Human Resources to advertise externally if a qualified internal applicant pool does not exist within the first week of any internal advertisement. All right. Any motions to suspend the rules? Council Member Stinnett. Thank you, Mayor. Number 21, we need a motion to suspend the rules and approve for second reading. This is a project that is currently in hold status until we get this item completed. It will be overnight at the CSX tomorrow. So timing is crucial. Thank you, Mayor. So motion to suspend on item 21? Yes, sir. All right. Are there any additional? Council Member Lawless. Oh, okay. Council Member Lawless and then Council Member Henson. I'd like to suspend the rules and give a second reading to number 23. That's to extend the grant for the Maxwell Street project, the timing, and number 24 also to do with the Maxwell Street project. So items 23 and 24. Okay. Council Member Henson. Number 22, Mayor, at the request of the administration, and I'm assuming this is for a grant application, there's probably a deadline. Thank you, ma'am. Item 22, Council Member Blues. Thank you, Mayor. I'd like to add 35 at the request of the administration. Item 25. Thank you, Council Member. 35. 35? Sorry. 35. Council Member McCord. Thank you, Mayor. I'd like to ask for a second reading on number 15 and number 25, please. Number 15, Mr. McCord, and 25. All right, sir. Anybody else? That's it? All right. I have in chronological order 15, 21, 22, 23, 24, 25, and 35. So all these can be treated as amendments. Is there a motion? Motion by Vice Mayor Gorton, seconded by Council Member Ellinger. I need a voice vote on that. All right. Councilmember Lawless. I just have a quick question, if that's okay. Number 45, to advertise for the positions, that was a walk-on number 45. or it was what came out of the Cal meeting? I don't. What's that, Meredith? Can you help us with it? Number 45 is that resolution, initiating, I mean, I'm sorry, internally advertising. Since that process takes longer, could we do a second reading on that one also? I apologize. All right, so add 45. Please. Okay. Second. All right. Voice vote. Okay, we can take a voice vote to suspend the rules on this. All right. All right. All in favor, please indicate by saying aye. Aye. All opposed, no. Motion carries. All right. Now we get the second. Secondary. Meredith. Resolution number 15, a resolution accepting the bid of ProTech security sales, establishing a price contract for ballistic shields for the Division of Police. Number 21, a resolution authorizing and directing the mayor on behalf of the urban county government to execute a facility encroachment agreement with CSX Transportation Incorporated for installation of a sanitary sewer force main for the Beverly Avenue sanitary sewer project at a cost not to exceed $4,000. Number 22, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute and submit a grant application to the Kentucky Energy and Environment Cabinet and to provide any additional information requested in connection with this grant application, which grant funds are in the amount of $16,000 Commonwealth of Kentucky funds and are for the purchase of dumpsters to be placed in schools for commingled recycling. Number 23, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an amendment to agreement with the Kentucky Transportation Cabinet for extension of the Maxwell Street bike pedestrian project through March 10, 2012 at no cost to the Urban County Government. Number 24, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute change order number one to the contract with Marilia Design and Construction for the Maxwell Street sidewalk and bike lane project, increasing the contract price by the sum of $8,470 from $299,968.21 to $308,438.21. Number 25, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an amendment to agreement with the Kentucky Transportation Cabinet for extension of the Town Branch Trail Phase 3 project through June 3, 2012, at no cost to the Urban County Government. Number 35, a resolution authorizing the Division of Human Resources to make a conditional offer to the following, Mark W. Fisher, Project Engineering Coordinator, Grade 119E, 3076.93 biweekly, in the Division of Water Quality and authorizing the beginning of the unclassified civil service employment upon successful completion of a physical or medical examination as required, effective upon passage of counsel. And number 45, a resolution authorizing the Division of Human Resources to internally advertise for all vacant positions from the date of passage of this resolution through June 30, 2011, and authorizing the Division of Human Resources to advertise externally if a qualified internal applicant pool does not exist within the first week of any internal advertisement. Thank you, Madam Clerk. Is there a motion to approve the suspended resolutions? Motion by Council Member Martin, second by Council Member Ellinger. We need to take a roll call vote on these. So, Madam Clerk, call the roll, please. Mr. Myers. Yes. Mr. Stinnett? Yes. Mr. Beard? Aye. Mr. Blues? Mr. Ellinger? Yes. Mr. Farmer? Yes, ma'am. Mr. Ford? Yes. Ms. Gorton? Aye. Ms. Henson? Yes. Mr. Kay? Yes. Mr. Lane? Yes. Ms. Lawless? Yes. Mr. Martin? Yes. And Mr. McCord? Yes. Thank you. Thank you. The vote reflects passage of the resolutions. Item 10 on the agenda tonight is information only. No action is required on the first item. The next item is communications from the mayor. Is there a motion to approve? With approval. Motion by Vice Mayor Gorton. Second by Council Member Blues. Is there any discussion? Council Member Farmer. I just don't want you to take it personally if I vote no because of perhaps one or more people in this report. Oh, not at all. Thank you. Yes, sir. All righty. Is there any other discussion? All in favor of the motion, please indicate by saying aye. Aye. All opposed, no. No. No. The motion carries. Mr. Farmer was ... All right. Motion does carry. All right. Item number 12, communications from the mayor for information only. No action is necessary. All right. All right. Next on our agenda are announcements. Do the council members have any announcements? Council Member Stennett. Just want to remind my colleagues that Saturday, once again, our annual event, Reforest to Bluegrass, will be rain or shine at Liberty Park, 9 a.m. to 1 p.m. Come plant a tree, save the environment. I hope everyone will be there, bring your rain clothes. You too, Mayor. Thank you. Yes, sir. I hear those instructions clearly. Yes, sir. Council Member Hanson. Thank you, Mayor. I want everyone to announce on Tuesday that the Disability Expo is next Thursday at the Lexington Center and there will be many, many resources available for individuals with disabilities plus a transportation fair. It is from 10 until 6, and I believe the mayor will be there to welcome everyone. And it's the third year doing this, and it has proven to be very successful. So thank you. Yes, ma'am. If you say so, I'll be there. Council Member Lawless. I want to remind everybody that there's still the free mulch giveaway this Saturday from 8 to noon at the old landfill 1631 Old Frankfort Park hike. One dump truck load per person. First come, first serve. You can call 311 if you have any questions about that. Also, I want to again remind everybody that the farmer's market is now open. And on Saturday, I hope everybody will come after they plant trees and get mulch and whatever else. There's also a website, edbg.org, Earth Day Bluegrass, edbg.org, and it has a lot of information about different activities going on for Earth Day. The Carnegie Center on the 19th is having some workshops and also suggest you look at sustainlex.org. They're having an all-day workshop on Saturday. So there's a lot going on and a lot of exciting ways to volunteer and get ideas about how you can make our community cleaner and greener. So thank you very much. Council Member Farmer. Thank you, Mayor. First, I would like to make a motion to place into the Budget and Finance Committee the possible rewrite of Section 6 of the Economic Contingency Designation Policy. Second. Motion and a second. Is there any discussion? Council Member Martin. Thank you, Mayor. I guess I would move to amend the motion to include a comprehensive review of the ordinance. As we look at the ordinance, something else may come to mind, and if it's limited like this, we won't be able to do it. So if that could be taken as friendly, or we can go on. So the amendment. It would be, therefore, for a comprehensive review of the policy. All right. So that's it. All right. Council Member Myers. Thank you, Mayor. I move that we put into Social Services Committee. Oh, my bad. I thought you were still on discussion. All right. So we're finished with discussion. All right. All in favor of the motion, please indicate by saying aye. Aye. All opposed, no. Motion carries. And then I did have a couple more. The motion, including the amendment. Sorry, Mr. Palmer. If we're done voting on that. Yep. I did have a couple more things. Yes, sir. Okay. I've been trying to talk to the Vice Mayor today, and this is just a point just for us to discuss as we move forward. In previous years, when we have seeded our links groups to work on the budget, in my mind we kind of link by link knew what we were going to go in and do. We either had to cut X amount out of the budget or find whatever we wanted to find out of the budget. And as our links begin to work, I'm wondering if we need to have some sort of overall commentary among ourselves about what is it we're trying to derive from the links process. Are we trying to find money to save jobs? Are we trying to approve the document as it was given to us? Are there certain goals that each of the links is trying to achieve? And that's a discussion we may not be able to have tonight, but I think it's one we need to have as a policymaking group as we move into this section of the budget. So I'd just like to enter that in for, I guess, in two weeks or somewhere along the way, because I think we need to know what we're trying to gain from the individual work that we're going to be doing. So I would just give that to you and look forward to working with you on that. I can kind of answer a little of that if you'd like to. I think Mr. Schoeniger sent some questions that would be relative to that. And also I think Mr. Underwood also today sent an email out that should help give a little guideline on what we need to be doing in the link. So both of those I think should be helpful, but I don't think it ever hurts that we can talk as a group on the best way to do it. I'll review both of those, but I appreciate that very, very much. And the mayor, just let me compliment you personally and publicly again for the Tuesday was one of the hardest days to be a council member or mayor of this city. And you delivered a very sobering analysis and gave us the blueprint for great leadership for our budget work. So I thank you for that. In some of your comments that day, you alluded to a part of the budget to, and I don't have it in front of me and I haven't really looked at the remarks, but something about a million dollars for the council to do with. And I had a follow-up discussion with Commissioner Driscoll. And I think it's important for us, again, as a policymaking body and for the consuming public to understand that in your discussion point there, this isn't a million dollars for us just to spend freely. This is infrastructure-related money, if I'm correct. And we just – it's not the ability to have a bigger NDF or any other thing. It's a one-time opportunity for us to make some changes that you placed in the budget for our opportunity rather than it is not money to save jobs with, in essence. That's correct. In fact, Commissioner Driscoll, you might want to speak to this. When there was discussion and conversation about this, there were a very, very, very limited amount that we were able to capture from the bonds that had not been drawn down. Sure. And, Jane, I think you can probably illustrate better it was your suggestion. So why don't you share with us? Thank you. This money is from previously authorized bond proceeds, and there are obviously restrictions to be spent for a public purpose. Capital in nature was the original intent of those bond proceeds. So, again, not for recurring expenditures, but to reevaluate capital projects and see if you want to spend those dollars in that way. I just felt like that's a clarification we needed early on, but before too many plans got made or thought about in relation to what that million dollars could or should be used for. And that's just a clarification point. Thank you both. Yes, sir. I think that's enough. Imagine there will be a number of those clarification points. Well, I mean, this was a good one because you threw that in. It was a generous gesture to the council, but it could easily be misunderstood. Yes, right. And I think that that was the main thing I wanted to kind of bring out at this point. Thank you, sir. Thank you. Council Member Myers, I believe, Council Member Martin, had you already spoken to, or are you up? I'd be happy for Council Member Myers to. Okay, I thought you, okay. Two things. One is to follow up on that, I guess that, was this money relating to show prop or is it? And I don't have that list in front of me, but there are several different balances remaining in some accounts. It was not the show prop money. Okay. It was not show prop, right. I remember asking that question too. So good question. You're right. And as a brief announcement, I wanted to say again, a changing tone from the very sobering, and I echo Councilman Farmer's remarks, but the celebrity curtain call Ghost Cupid is on Saturday night. And this is an opportunity, it's Saturday at 7 p.m., and it's an opportunity to see Councilmember Stennett, PVA David O'Neill, former Vice Mayor Isabel Yates, Coach Joker Phillips come up. We can all dress up and be actors for the benefit of the Lexington Children's Theater. And I hope folks who hear this can go. Tickets are still available and come see us make utter fools of ourselves. Thank you, Mayor. That's great. Council Member Myers. Thank you, Mayor. I move to put into the Social Services Standing Committee the issue of weatherization program for homes in Lexington. Second. Thank you. There's a motion and a second. Is there any discussion? Hearing none, all in favor, please indicate by saying aye. Aye. All opposed, no. Motion carries. Thank you, Mayor. All right. Does anyone else, any other council member have anything, any announcement? All right. Then we can be able to move on to public comments. I have three folks signed up for public comments tonight. First is Mr. Pat O'Brien. Is Pat O'Brien here from Cincinnati? All right. Okay. Then, Bernard, it's been a long day, hasn't it? Yes, sir. Bernard McCarthy. Bernard McCarthy. Your Honor and members of the Council, I'm rather alarmed that your budget proposals for the coming fiscal year are based on the thought that you're going to somehow have less revenue coming in than you had this year. I thought the recession was supposedly over and the economy was beginning to recover, but you're operating on a projection of things still getting worse. That puzzles me. I want to say that first. Second, this $1 million for capital things that you supposedly have, if you could somehow direct that into things that reduce future operating costs, like perhaps weatherizing this building further to cut heating and cooling bills, maybe that would be helpful towards your overall crunch. and also back to my favorite subject, I still believe that changing our one-way streets into two-way streets would be a serious mistake, at least in the case of those streets that are in pairs and are consistently one-way at the moment across the entire length or width of downtown. Now, changing things like that third of a mile of third and fourth street that might actually make things more consistent and rational simply because you've only got a little snippet of each street that's one way. But I really believe that if you ever succeed in enticing more business into downtown, we need more street capacity, not less. And if you're going to Louse Up travel within downtown, We need better connections just outside of downtown to get back and forth between the areas that aren't exactly part of downtown but are close in. For instance, you should be extending 5th Street across the Eastern State property and several others to connect to Newtown Pike. You should extend Jefferson Street northward to connect with Russell Cave. You should probably extend Midland Avenue from 3rd over to the corner of Zesta Place and Magnolia Street and then extend Magnolia to the corner of Loudoun and Floyd. And whether Upper and Limestone remain one way or whether you change them to two-way, Regardless, I still think that a connection from Bryan Avenue at Limestone should be built to 7th, somewhere near... Mr. McCarthur, you're usually right on the dot, so I didn't want to interrupt you prematurely. And I was a little concerned when you were going along with Two Way in some of those locations. I was worried that you'd change dramatically on us here. So I want to talk to you about that later, where we were there. Mr. Keston. Thank you, Mr. Mayor. I'd like to applaud you for your stand on the budget cuts. Comparing you to some of your predecessors is like comparing Babe Ruth and Hank Aaron to Barry Bonds. I think you're doing a heck of a job, and I applaud you for it. In February 2011, Governor Burns of Florida refused to accept $2.5 million from the Department of Transportation to build an 87-mile high-speed train from Tampa Airport to Disney World, 87 miles. No state co-op dollars. Over congressional objections, the state Supreme Court affirmed his decision. Why? Four express buses are doing the job at a fraction of the cost. Only two high-speed trains in the world, Tokyo to Osaka, Paris to Lyon, make a profit. Burns didn't fall for the bait, but unfortunately, Lexington took the Obama bait and accepted an $800,000 grant, which they had to spend $200,000 Fayette County, our tax dollars, to build sidewalks from High and Tate's Creek down to New Circle Road. sidewalks that were listed as number 51 on the city list of construction priorities at a time when our mayor has to wisely tighten our belts and make $1 million worth of cuts to balance our budget. One man, David Stevens, fought and was defeated on this issue for 10 years thanks to the efforts of a bright, practical councilwoman and vice mayor named Isabel Yates. Even Linda Gorton was against Tate's Greek sidewalks. But the council of 09 and 10 decided Stevens needed a farewell gift and voted for the sidewalks. He also wanted the city to build build Legends Field. And thank God Pam Miller said no. He also opposed investigating the airport committee. But the state auditor overruled him. Why destroy hundreds of beautiful pines, oaks and maples? A rural look in an urban area. Destroy no trees to absorb carbon monoxide and get oxygen destruction of a privacy screen and a noise abatement. I have 43 more seconds. Why would you move walls and shrubs but refuse to replace my beautiful seven pine trees valued at $40,000 by a U.K. arborist? Why must we sustain more water runoff and more flooded basements? However, if we use porous cement, as they do in Frankfurt, We homeowners from Robin to Lansdowne are willing to pay the difference between hard concrete and porous cement to save all our trees. Just as you gave up six months' salary, we'll pay for part of the cost to save nature because only God can make a tree. I'd like to say in closing that Einstein said, The brain can only absorb what the tush can endure. And at this council meeting, we've sure endured it. Thank you. All right. Thank you, Mr. Kesson. All right. I don't show anybody else wanting to make a public comment, so is there a motion to adjourn? So we do. Mr. Ellinger makes a motion to adjourn, and Mr. Beard second. All in favor, please say aye. Aye. All opposed, no. We are adjourned. Thank you.