# Urban County Council Meeting - January 24, 2008 > Auto-transcribed civic record · Council · January 24, 2008 - **Permalink**: https://meetings.lexingtonky.news/meeting/343 - **Source video**: https://lfucg.granicus.com/player/clip/343?view_id=14&redirect=true - **Date**: 2008-01-24 - **Body**: Council - **Last revised**: February 2, 2026 - **Length**: 12,739 words > ⚠️ **Auto-generated content.** Audio from the official Granicus video was auto-transcribed by OpenAI Whisper-1. Structured facts were extracted with GPT-4o; the narrative summary was written by Anthropic Claude Sonnet. Speaker labels and verbatim wording may contain errors. See [methodology](https://meetings.lexingtonky.news/about/methodology) or [report a correction](mailto:editor@lexingtonky.news). --- ## Meeting Overview The Lexington-Fayette Urban County Government Council convened on January 24, 2008, at 7:00 PM in Lexington, Kentucky, with Vice Mayor Gray presiding over the session. The council addressed a focused agenda consisting of two primary items, both involving zoning matters for local properties. During the meeting, the council heard from three members of the public who provided comments on the matters under consideration. The council conducted two formal votes during the session, both related to zone change requests that were ultimately approved. The meeting addressed zoning modifications for properties located at 1537 North Limestone Street and 2850 Spurr Road, with both requests receiving council approval. The session demonstrated the council's ongoing work in managing urban development and land use planning within the Lexington-Fayette urban county area, with public input playing a role in the decision-making process for these zoning matters. ## Attendance All council members were present for the January 24, 2008 meeting. **Present:** • Jim Newberry • Gorton • Gray • Henson • James • Lane • McChord • Myers • Stevens • Stinnett • Beard • Blevins • Blues • Crosbie • DeCamp • Ellinger **Absent:** None **Late:** None ## Votes and Decisions The Council conducted two roll call votes during the January 24, 2008 meeting. **Second Reading of Ordinances 1-10** [timestamp: 02:00] Councilmember Stinnett motioned for the second reading of ordinances 1-10, with Councilmember Crosbie providing the second. The motion passed unanimously with 15 ayes and 0 nays. All council members voted in favor: Gorton, Gray, Henson, James, Lane, McChord, Myers, Stevens, Stinnett, Beard, Blevins, Blues, Crosbie, DeCamp, and Ellinger. **Resolution Accepting Cricket Communications Bid** [timestamp: 08:00] Councilmember Ellinger motioned to accept a resolution regarding the bid of Cricket Communications, seconded by Councilmember Crosbie. The resolution passed with 14 ayes and 1 nay. Fourteen council members voted in favor: Gorton, Gray, Henson, James, Lane, Myers, Stevens, Stinnett, Beard, Blevins, Blues, Crosbie, DeCamp, and Ellinger. Councilmember McChord cast the sole dissenting vote. Both votes were conducted as roll call votes, with all 15 council members participating in each decision. ## Budget and Financial Actions The Council approved two significant contracts during the January 24, 2008 meeting, totaling over $915,000 in expenditures for critical infrastructure and emergency services. **Emergency Generator Contract - $478,000** The Council authorized a contract with Geneva Corp. dba Nixon Power Services Co. for $478,000 to provide an emergency generator for the South Elkhorn Pump Station. This infrastructure investment will ensure continued water service operations during power outages at this critical facility. **Emergency Care Unit Contract - $437,751.22** A contract was approved with Excellence, Inc. for $437,751.22 to provide an emergency care unit for the Division of Fire and Emergency Services. This equipment will enhance the city's emergency response capabilities and support the fire department's medical services operations. Both contracts represent substantial investments in essential city services, with the emergency generator supporting water infrastructure reliability and the emergency care unit strengthening public safety response capabilities. The combined expenditure of $915,751.22 reflects the Council's commitment to maintaining and upgrading critical municipal services and emergency preparedness infrastructure. ## Public Comment Three residents addressed the Council during the public comment period, all speaking about the proposed sanitary sewer fee increase. **Walter Gaffield** spoke in favor of the sewer fee increase [timestamp: 06:00]. Mr. Gaffield cited the need to address serious sewer issues currently facing Lexington as justification for supporting the proposed rate adjustment. **Knox Van Ogle** also expressed support for the sewer user fee increase [timestamp: 07:00]. Ms. Van Ogle emphasized that the fee increase represents a necessary step to meet EPA requirements and improve public health conditions in the community. **Ike Lawrence** raised concerns about the proposed sewer fee increase [timestamp: 08:00]. Mr. Lawrence specifically questioned the speed of the process and expressed worry about the financial impact the increase would have on taxpayers. The public comments reflected a mix of support and concern regarding the sewer fee proposal, with supporters emphasizing infrastructure needs and regulatory compliance, while the opposing voice focused on procedural and financial burden concerns for residents. ## Appointments The Council approved several reappointments to city boards during the January 24, 2008 meeting. Two individuals were reappointed to serve on the CASA Board: • Jean Addleton was reappointed to the CASA Board • Joe Schuler was reappointed to the CASA Board Additionally, Debbie Long was reappointed to the Convention & Visitors Bureau Board. All three reappointments were approved by the Council during this meeting, allowing these individuals to continue their service on their respective boards. ## Contested Items The primary contested item at the January 24, 2008 Council meeting was a proposed sewer fee increase that drew significant community opposition. **Sewer Fee Increase** Several citizens attended the meeting to voice concerns about the proposed sewer fee increase. The opposition centered on two main issues: the financial impact on lower-income residents and concerns about the speed of the decision-making process. Community members who spoke during public comment expressed worry that the fee increase would disproportionately burden residents with limited financial resources. Citizens also questioned whether the Council was moving too quickly on the decision without adequate time for public input and consideration of alternatives. The nature of the opposition was characterized as community-based, with multiple residents participating in the discussion rather than organized advocacy groups or business interests. The concerns raised reflected broader issues about affordability and municipal decision-making processes that affect residents' household budgets. *Note: Specific timestamp information, participant names, vote outcomes, and the exact amount of the proposed fee increase were not available in the provided meeting data.* ## Zone change for 1537 North Limestone Street [timestamp: 02:00] The Council considered an ordinance to change the zoning classification for 1537 North Limestone Street from Professional Office (P-1) zone to Highway Service Business (B-3) zone. Bill Matthews spoke regarding this agenda item during the discussion. The ordinance was approved by the Council. *Note: Limited transcript details were available for this agenda item. The summary reflects the basic information provided about the zoning change request and its approval.* ## Zone change for 2850 Spurr Road [timestamp: 02:30] The Council considered an ordinance to rezone property at 2850 Spurr Road from Agricultural Rural (A-R) and Agricultural Urban (A-U) to Light Industrial (I-1). TKM Properties, LLC served as the key speaker for this agenda item. The proposed zone change would allow for light industrial uses on the property, transitioning it from its current agricultural designations. The ordinance represents a shift from rural and urban agricultural zoning classifications to accommodate industrial development. The Council approved the zone change ordinance for 2850 Spurr Road. --- ## Decisions - **Motion** — passed (15-0): Second reading of ordinances 1-10 - **Motion** — passed (14-1): Resolution accepting the bid of Cricket Communications --- ## Full transcript In our viewing audience tonight, our mayor is out of town on city business and not able to preside tonight, so I will on his behalf. Madam Clerk, would you please call the roll? Ms. Gorton? Here. Mr. Gray? Present. Ms. Henson? Here. Ms. James? Here. Mr. Lane? Here. Mr. McCord? Here. Mr. Myers? Here. Dr. Stephens? Present. Mr. Stennett? Present. Mr. Beard? Present. Mr. Blevins? Here. Mr. Blues? Here. Ms. Crosby? Here. Thank you. Thank you, Madam Clerk. Our invocation tonight will be offered by Pastor Alex Kinchin. Pastor Kinchin? Thank you, sir. Let's pray. Father, we thank you for another opportunity to live. Lord, we thank you for the breath that we breathe that comes from you, and we invite you tonight into these proceedings not as a spectator, but overseer. Father, we ask that everything that would be done this evening would be done in accordance with your word and would be pleasing in your sight. Lord, we thank you for all who are here. Lord, we thank you for these council members and pray that you would give them wisdom and understanding. Father, that they would be men and women of integrity, not only during this time, but each moment that they draw breath. Father, there is so much potential in Lexington, Kentucky, and we thank you for the many blessings that we see at your hand. But, Father, we also realize that we must apply the wisdom of your truth in order for that potential to be realized. And so tonight, in everything that takes place, we pray that you are honored and glorified, and even if there be disagreement, allow us to understand that we can disagree without being disagreeable. In all things, be lifted up. In Jesus' name we pray these things. Amen. Thank you, Pastor Kenshin. I should have mentioned that Pastor Kenshin is the pastor at Master's Church here in Lexington. Our agenda for tonight includes the reading of the second ordinances first, and for those who are here for our public meeting, that should occur in roughly maybe ten minutes or so when we get through the second reading of our ordinances. And for those who are here for the public meeting and wish to speak in the public meeting, Mr. Artie Green is taking the signatures at the back of the room in case you have not already signed up. Please see Mr. Green. Madam Clerk, if you'll give us the second reading of ordinances, please. Ordinance number one, an ordinance changing the zone from professional office P1 zone to a highway service business B3 zone for 1.20 net, 1.35 gross acres of property located at 1537 North Limestone Street, subject to certain use restrictions imposed as conditions of granting the zone change, Bill Matthews. Number two, an ordinance changing the zone from an agricultural rural AR zone to a light industrial I1 zone for 18.41 net, 18.83 gross acres of property, and from an agricultural urban AU zone to a light industrial I1 zone for 0.93 net, 0.98 gross acre of property located at 2850 Spur Road, subject to certain use restrictions imposed as conditions of granting the zone change, TKM Properties, LLC. Number three, an ordinance amending certain of the budgets of the Lexington-Fayette-Arvin County Government to reflect current requirements for municipal expenditures, and appropriating and reappropriating funds, Schedule Number 116. Number four, an ordinance amending Section 21.5 of the Code of Ordinances, abolishing one position of public service worker senior, Grade 107N, and creating one position of arborist technician, Grade 112N, in the Division of Streets, Roads, and Forestry, and appropriating funds pursuant to budget Schedule Number 120. Number five, an ordinance amending Section 21.5 of the Code of Ordinances, creating one position of historic preservation specialist, Grade 114E, in the Division of Historic Preservation. Number six, an ordinance amending Section 22.5 of the Code of Ordinances, to correct a clerical error in the classification of the position of program coordinator in the Division of Family Services. Number seven, an ordinance amending Section 22.5 of the Code of Ordinances, creating one position of administrative specialist principal, Grade 114E, in the Office of the Chief Information Officer. Number eight, an ordinance amending Section 22.5 of the Code of Ordinances, abolishing one position of community advocate senior, Grade 112N, and creating one position of administrative specialist senior, Grade 112N, in the Department of Social Services. Number nine, 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 $96,000 federal funds, are for the South Limestone Multimodal Safety Study, the acceptance of which obligates the Urban County Government for the expenditure of $24,000 as a local match, appropriating funds pursuant to Schedule No. 122, and authorizing the mayor to transfer unencumbered funds within the grant budget. And number ten, an ordinance authorizing and directing the mayor, on behalf of the Urban County Government, to accept a donation from Columbia Gas of Kentucky, in the amount of $10,000, for the use in the Destination 2040 Community Visioning Project, and appropriating funds pursuant to Schedule No. 118. Thank you, Susan. So we'll accept, the Chair will accept the motion to, to accept to, for second reading of the ordinances. Motion to accept. Second. There's a motion, there's a second. Is there any discussion? We'll need a roll call vote. And if I could, please remind you to, when you make the motion, to please select it on your, on your screen, please. Thank you so much. Ms. Gorton? Aye. Mr. Gray? Aye. Ms. Henson? Yes. Ms. James? Yes. Mr. Lane? Yes. Mr. McCord? Yes. Mr. Myers? Yes. Dr. Stephens? Aye. Mr. Stennett? Aye. Mr. Beard? Aye. Mr. Blevins? Aye. Mr. Bluse? Aye. Ms. Henson? Aye. Mr. Gray? Aye. Ms. Henson? Yes. Ms. James? Yes. Mr. Blevins? Aye. Mr. Bluse? Aye. Ms. Crosby? Yes. Mr. DeCamp? Yes. And Mr. Ellinger? Yes. Thank you. Thank you, Madam Clerk. Before we move to the first reading of ordinances, let me please recognize the scouts who are here tonight. And Assistant Scoutmaster is Rondi Connell, and who else is, it's Randy, I'm sorry, Randy. Yes, sir. Thank you so much. Somehow we had a little mix-up on recognizing you all tonight. Thank you all for being here. Now, and it's my understanding you all are working on the Citizenship in Community, right? Why don't you just tell us for a second here. We're in good shape. Thank you, Mr. Vice Mayor. We have a number of young men here tonight working on two merit badges, Citizenship in Community and Communications. For both of these merit badges, they're expected to attend, listen to the opinions, and discuss the opinions as presented pro and con with their merit badge counselor at a later date. Both of these merit badges are required for the rank of Eagle Scout. We have several other adults with us here tonight. We have Committee Member David Redenbaugh, Committee Member and Assistant Scoutmaster Ivan Armstrong, and Assistant Scoutmaster Eric Blakemore with us as well. Randy, if you would, maybe introduce the Scouts, if you can remember everybody's name, right? Now, that's a challenge. Okay. That's a challenge. So we have Andrew Ferguson here, Ian Dennison, see, there we go, second one out of the batch. Kyle, remind me of your last name. Kyle Wilson, Jayden Austin, Marshall Armstrong, Zion Austin, Richie Gibson, Caden Jensen, Jake Hamblin, Lucas Armstrong, Ian Peepgrass, Jacob Redenbaugh, Kyle Warren, and Lane Hanson here with us. Thank you. Thank you, sir. Thank you all. Thank you all for being with us tonight. All right. We can move on now to the first reading of the ordinances. Madam Clerk. Ordinance number one, an ordinance amending Article 6-10, Subsection B2 and 6-10, Subsection B3 of the Land Subdivision Regulations to require more diversification of plant species and street trees and to adjust the minimum size of utility strips for various sizes of street trees. Number 12, an ordinance amending Article 6, Chapter 16 of the Code of Ordinances as follows, to amend Section 16-48 to increase disposal fees for sewage to create Section 16-57.1, providing that all rates and fees set forth in Sections 16-48, 16-59, and 16-60 shall be adjusted annually each fiscal year beginning July 1, 2010 in accordance with the Consumer Price Index for all urban consumers, to amend Section 16-59 to increase fees for sanitary sewer rates for residential users subject to Schedule A from $1.78 per unit for the first 400 cubic feet of water usage per month and $2.16 per unit for usage in excess of 400 cubic feet of water usage to $3.50 through June 30, 2009 and $4.73 effective July 1 through 2009 for the first unit from 0 to 100 cubic feet of water and $2.64 through June 30, 2009 and $3.56 effective July 1, 2009 per unit for usage in excess of one unit to increase sanitary sewer service rates for users subject to Schedule B from $2.16 per unit to $4.25 through June 30, 2009 and $5.73 effective July 1, 2009 for the first unit from 0 to 100 cubic feet of water and $3.20 from June 30, 2009 and $4.32 effective July 1, 2009 per unit for usage in excess of one unit plus increase the charge for suspended solids from 0.322 to 0.478 through June 30, 2009 and 0.645 effective July 1, 2009 the charge of ammonia nitrogen from 0.977 to 1.45 through June 30, 2009 and 1.958 effective July 1, 2009 and the charge of biochemical oxygen demand from 0.389 to 0.577 through June 30, 2009 and 0.779 effective July 1, 2009 to delete subsection C and to create a new subsection C establishing a 30% discount program for qualifying seniors to amend section 16-59.1 changing the adjustment of fees to apply a 50% adjustment to the entire bill amount rather than 100% adjustment to rate increases only and to amend section 16-60 to increase sanitary sewer tap-on fees. Thank you, Madam Clerk. This is the time where we will ask for public comments. Those of you in the audience tonight who have signed up, and first on our list is Walter, Mr. Gaffield. And as, Walt, as you're coming up, I would mention that to those who are speaking that I have the unpleasant duty of being a timekeeper. And we have a rule about the public comments, and that rule is three minutes. So hoping that you all understand that I will have an insurrection on my left and right if I do not honor this and keep time. Hoping you'll understand that I will let you know when you're very close to expiring the three minutes. Okay? Thank you so much. Now, did I miss something, Chuck? Yeah, Walt, if you could give us your name and address. Thank you, sir. I'm Walt Gaffield. I'm the president of the Fayette County Neighborhood Council. I live at 2001 Bamboo Drive. I'm speaking in favor of the increase in the sanitary sewer user fee. The Neighborhood Council has really for a very long time advocated trying to do something about that very serious issue in Lexington. Now Lexington, of course, faces an EPA mandate. There's really not any choice involved. It's going to cost a tremendous amount of money. The city doesn't have the money to pay for it, so this seems like something that it's essential to do. The Lexington sanitary sewer fee is the lowest of the 17 largest cities in the Blue Grass Area Development District, and we probably have the largest problems of any of the other cities. If Lexington doesn't deal with its sanitary sewer issues and stormwater issues, for that matter, it easily could affect development because the EPA mandate is going to be overseen by a federal judge. And if there's a new development built, usually the sewage needs to flow through neighborhoods and through other parts of Lexington where there may be bad sewer lines and problems, and that could be a problem for development. It's obviously a problem for water quality. Most of the streams in Fayette County, at least the large ones, are impaired. It's a problem for quality of life. The picture in the Herald-Leader earlier this week of the feces and toilet paper in the parking lot, that problem's existed in that location for approximately 40 years, and that's pretty close to downtown. I've met a North End resident who's had sewage in her house for 30 years. It's not just old development. Shadeland East Subdivision didn't used to have flooding or sewage problems. Then McMeekin Place was built. It's a fairly new subdivision, and now they have problems. So it's a widespread and difficult problem, and I'd urge the Council to vote in favor of the fee increase. Thank you. Thank you, Mr. Gaffield. Our next speaker is Knox Van Ogle. Knox, if you would give your address, please. Yes, my name is Knox Van Ogle. I'm the director of the Fayette Alliance. I live at 125 Chenault Road. As you know, the Fayette Alliance is a coalition of agricultural, neighborhood, and development interests whose aim is to promote both urban and rural vitality here in Fayette County. Councilman Don Blevins is proposing a 48% increase in the sewer user fee in fiscal year 2009 and a 35% increase in fiscal year 2010. These measures will collectively generate an additional $24.6 million in the dedicated sanitary sewer user fee fund. This money will directly pay for $130 million in badly needed capital projects over the next four years, and they include replacing the North and South Elkhorn pump stations, constructing the diversion line, installing improvements at the Town Branch and West Hickman treatment plants, and other badly needed projects. The Fayette Alliance supports this proposal, as it is a good faith and responsible first step in addressing the requirements of the EPA consent decree, a legal obligation caused by this community's longstanding failure to adequately address and regulate our sanitary sewer and stormwater systems. Once the Athens of the West, today our city is a place where people and livestock have tragically lost their lives in flooded streams, raw sewage and stormwater runoff pollute our creeks and endanger fish, animals, and humans alike, and feces finds itself in household basements, neighborhood parks, and in the scenic fields of our world-famous farms. This condition affects us all, from the downtown business owner and suburban dweller to the equine and general ag farmer. Therefore, the Alliance respectfully requests that you adopt this increased sewer user fee. While no one wants to shoulder the additional expense, we must do so to restore this city's promise of civic progress, public health, and environmental responsibility. Simply put, it is the right thing to do. Thank you. Thank you, Ms. Van Ogle. Our next public comment will be offered by Ike Lawrence. Mr. Lawrence. Members of Council, my name is Ike Lawrence. I'm a past president of two of Lexington's largest neighborhood associations. I'm also a town and gown commissioner. As a town commissioner, I represent a number of interests, students, landlords, and any business people who really feel like this process has maybe gone a little too quick. Ike, if you'd give us your address, please. Okay. Thank you. My name is Ike Lawrence, 221 Clinton Road. So once again, I'm here to speak not for being totally against this idea. I just think that the time and the hurriedness of this in this cold January with very little input from the public should strongly be considered as delayed, if not strongly considered, some of the questions that I've raised. I hope to gain four things up here that you would consider before you vote tonight and two weeks from tonight. One is that you look into trying to answer all the questions that I posed to you when I put it in your mailbox yesterday so that the citizens of this community's council person has full and complete knowledge of all the facts before you vote. Two, that you have done a complete audit and analysis of all the costs to the taxpayer as to how large or how small a fine we are going to have to pay to the EPA, as well as the total cost to both the storm and sanitary sewer capital improvements. Having only one of three capital expenses and their revenue stream on the docket tonight shows how quick some in this room want to put this matter behind them at the community's expense. Three, that you have the very best negotiator with the EPA to keep our fine to a minimum, a bare minimum, as the last thing I want is for my tax dollars to go to a federal bureaucracy in D.C. when I want all of my money and the community's money to stay in this town to fix the problem. I don't believe there is one citizen who would argue with that notion or idea. And finally, that you speak and listen to the citizens of this community as all of us have been caught off guard in this frigid month after the holidays to try to pass the largest tax increase on record, one that only fixes half the problem. Finally, it is my hope that you delay your vote so that further information may be given to you and your constituents of this community so that we can have the best storm and sanitary sewers money can buy. Thank you. Thank you, Mr. Lawrence. Our next speaker is Jean Watts of 639 Cardinal Lane. So now you don't have to give your address, Jean. Thank you. I am a homeowner in the city, and I'm also a teacher at Blue Grass Community and Technical College. And we offer an associate degree in environmental science technology, and as part of that program, I take my students to the creeks all the time for water sampling and analysis. And one of the ways that we analyze these streams is to look at the diversity and the abundance of the organisms in the streams. And unfortunately, Lexington is not a good example of a place for students to find things like mayflies and cabbage flies, mussels and clams. We need to do that in a lab because there's very few out there. When we go out there, we find leeches, sow bugs, aquatic worms, very few things that indicate a healthy stream. The other thing that concerns me is that every time we go out to one of the city's parks to do this kind of sampling, there's always kids in the creek. They come in, they want to do what we're doing in there, and they're playing in there. And while my students are trained on how to prevent them getting ill from being around this water, these kids are not. And I think that we have the responsibility to do the things to at least minimize their risks when they get out there. Thanks. Thank you so much, Ms. Watts. Our next speaker is Bruce Hutchison of 1135 Athening. Ladies and gentlemen of the council, thank you for the time on this important matter. My name is Bruce Hutchison. I'm just a citizen. I live in the Beaumont neighborhood in Lexington here. I, along with my nine-year-old son, Kevin, have volunteered to become samplers to sample water for the Water Watch program. This summer, we began sampling water to learn about the condition of our watershed and to maybe make a difference. We knew the creeks in the city did not contain any of the usual creatures that we saw when we visited the creeks out in the country away from human habitation, but we weren't really quite sure why. This is a map of the sample spots of the Wolf Run Watershed. We were assigned Station 582 on the tributary of the Cardinal Run Creek behind the Lexington School off Georgian Way. We received a training to gather the samples and getting them to the laboratories for testing from the Kentucky Division of Water, Water Watch program. We tested three times this past summer and found high levels of E. coli bacteria. Once we received the results of this data that showed excessive amounts of E. coli, we began asking ourselves why this was. This is a projection of the levels of E. coli within the watershed. You can see that basically we're scoring between the 400 and 2,000 level for which is unsafe for swimming. What we discovered was that our city sewer systems run parallel to the watersheds. When there is excessive amounts of rainfall, these sewer systems overflow from the manhole covers into our watersheds, making them open sewer systems. This is a photo of James Lane Allen Elementary where we have marked the two sanitary sewer manhole covers. One of the things that became very apparent to us was that the sewer systems were where our schools are and are parts where our children play. This is a picture of one of the manhole covers at the James Lane Allen Elementary property. You can see that the white debris on the sewer lid is residual toilet tissue left over from the sewer leaking into the Wolf Run Creek that's directly behind in this picture. Bruce, excuse me. You've got about ten more seconds. Okay. Sorry about that. And one more picture. And there's my son pointing at the other sewer lid. As you can see, our city's in great need of this resolution. The proposal put forward by Don Blevins would be a great help addressing these issues, and I believe that Peel County will support this proposal if it's to make our community a clean, safe place to live. Thank you. Thank you, and thank you for the effort you put into those slides. Our next speaker is Mr. Cook. Ken, if you'll give your address, please. Thank you. Sure thing. I'm Ken Cook at 639 Cardinal Lane. I'm the secretary of the Friends of Wolf Run. The image you see on the screen is Wolf Run Creek at Valley Park during the summertime. Our organization works to help restore that watershed, to restore the water quality in that watershed, and when we get out to the creek, we find out that things are not right. If you could try the next illustration here. This is my, if it works, okay. This is my two doors up from my house, which is a manhole cover that usually after very large rains, two inches or better, will spring forth like the fountains of Versailles. And so this comes down right by my house, so I get to see that. So, but we know that there are other ways to do this. So, but we know that there are issues in this stream, but we also know that the council is aware of that. I definitely think you have done your homework on this. You have received the calls from your constituents. You have sat through the committee meetings. You have read the reports, and you know the issues that we're faced with. And so my comments tonight really aren't to you per se, but they are more to the rest of the folks in the community that may be concerned about this issue or oppose it. The thing that you're looking at right now is a map of the streams in Fayette County. The red streams are those that were impaired according to the 305B report on water quality to Congress. And so the feds know that our streams are in bad shape. Consequently, it has landed us into our enforcement issue that everybody knows about. The other thing that we found out is, if you could go to this, is basically we have learned that if we're going to live in a city, we're going to have to have a functioning sanitary sewer system. The cholera epidemics of 1848 and 1856 taught us that. And the next slide, please. And those sewer systems need to be maintained. And I'm not saying this is the last time they cleaned out the trunk line on the town branch, but basically they have to be kept and kept up. And some of our sewers were built in the next slide, please, 50 years ago, and they haven't been opened up except maybe for video surveys and things along that line since. So that's clear that basically we do have issues with our sewer system. They do need to be addressed. They have been very carefully studied by a number of groups and committees. So I really can't agree that this is a surprise to us. Now, the proposal that's before the council right now directly addresses the issue of the sanitary sewer overflows, directly addresses the pump station problems that put this sewage in this creek. It may not solve all the problems, but it definitely will solve a lot of them. And I think that's important. The two primary objections that I've heard, one is that this is a tax and taxes are bad. I would say this is not a tax. This is a user fee. This is directly related to specific capital projects. And if the anti-tax lobby would look at their own organization's literature, they call for specific fees. The second objection that I've heard is are we handing this money to the same bunch of people that got us in this place in the first place? And I would say no. If you look at the circumstances, if you look at the conditions we are in right now, we have a new set of leadership at the Division for Water and Air Quality. We have an engaged council, which is very critical and very important. And, of course, we have the oversights of the federal courts, which we've never had in the specificity that we have right now. And for those of you that are concerned about the quality of the water in the creek, I'd encourage you to get involved in making this solution stick and making this work, and we'd be glad to help you with that. Thank you. Thank you. Thank you, Mr. Cook. We have five more citizens who have signed up for comment. And the first of those five is Joe Howard. Mr. Howard? Mr. Howard, if you'll give your address, please, we'd appreciate it. Yes, Mr. Vice Mayor. Joe Howard. I am the general counsel of the Lexington Apartment Association. My address is 215 Southland Drive, Suite 200, Lexington, Kentucky, 40503. I did not expect to speak tonight, but some of the members of my legislative committee asked me to do so. We are also in favor of having safe sewers, as all citizens are. We are concerned about how to pay for it, basically. And I understand the federal mandates. And as an attorney, I realize the federal courts are overseeing this. I represent 16,000 units in the Lexington area. And those people that live in those rented apartments tend to be in the lower economic strata of their communities. And this is going to be passed on to them. When you raise this, these rates, these rates will be raised on the apartments, and each of those will bear the brunt of this increase. So I ask the council respectfully to see if there's any way to mitigate the cost by stretching it out. I realize that some of these things are front-loaded in the first years to get this thing going, but we would really like to see it stretched out so that would mitigate any certain year, any certain year would have such an increase that would have an impact on the apartment community. Thank you. Thank you, Joe. Our next speaker is Faith Shore. Ms. Shore, if you'd please give your address. Faith Shore, 205 Catalpa Road. I live on a street that has lots of extra water. When my children were growing up, they used to have a wonderful swimming pool out in our street. Every summer it was about up to here on them. The city has worked with us over the years, and there was a whole one year in which all our little valves that were one-way valves popped, and the basement was full of sewage. That has been fixed. But I know that we have problems, and I know. And when we talk about a tax and worry about whether we're going to pay a tax, it's not a tax. We are paying for infrastructure, and it's water infrastructure, it's necessary for our living, and we need not to be calling it a tax. We pay a very low amount of money for our water. Other communities near us pay way more. I think this is showing a great deal of leadership to bring this issue before we are dragged to court over it. I appreciate Mr. Blevins and his initiating this. I hope everyone will vote for it. I just applaud the leadership of the people who will vote for this. Thank you. Thank you. Thank you, Faith. The next speaker is Robert Zimba. My name is Robert Zimba. I'm at 4229 Hampton Ridge, and I'm the past chair of the Kentucky River Watershed Watch and a professor of biology at Center College. You've undoubtedly heard a great deal about the levels of bacteria in Lexington's streams. I'd like to add a few comments that I think argue for immediate action. First, whether we like it or not, residents of this city, especially children, do come into contact with the water in our streams. Contact with water contaminated with raw sewage poses an obvious risk to these individuals, as the bacteria concentrations can be more than ten times greater than the level considered suitable for swimming, fishing, or wading. Second, the species that we use to assess potential pathogen contamination are usually not the organisms responsible for disease. Our knowledge of decay rates in these indicator organisms outside their preferred habitat in the mammalian gut, especially in soil and sediments, is limited. Understanding of these pathogens themselves is even more limited, but some are known to persist in the environment longer than the standard indicated organism, the bacteria E. coli. In addition, the risk to human health calculated by the EPA do not consider the source of the contamination, which is expected to be greatest when the source is human sewage. Given the state of uncertainty, a conservative approach to pathogen indicators is prudent, and limiting raw sewage discharge into streams will surely reduce the risk to human health. Aside from the public health benefits of reducing sewage discharges, there's opportunity for improvement of ecosystem health and function. Urban stream ecosystems are significantly altered by the addition of excess nutrients and organic carbon. Increased loading of these pollutants in urban areas results from altered stream flow, large amounts of impervious areas and fertilized lawns, storm water discharge, and treated or untreated sewage. The additional loading of nutrients and organic carbon leads to growth of algae and bacteria that drive down oxygen levels in a stream and overgrow other species. The result is a simplified ecosystem that is less attractive and less diverse. In addition, impacted streams offer fewer ecosystem services to our community. For example, streams remove nutrients from the water and reduce loading downstream. The efficiency of this retention is reduced in urban streams compared to intact ecosystems. Restoration of ecosystem function should increase the utility of our stream corridors, as well as improve the community by providing attractive and interesting places to view wildlife. Increased health risks and ecosystem decay that accompany leakage of sewage into surface waters explain why discharges are illegal under the Clean Water Act. It's the responsibility of the city as an NPDES permit holder to eliminate these discharges. The environmental problems facing our community are severe and they will not be solved in a short period of time. However, natural ecosystems can be surprisingly resilient when insults are removed. Therefore, we have much to gain as a community from immediate action to address our sewer problems. I appreciate the work of the council on this so far and hope that it continues. Thank you, Robert. Our next speaker is Mr. McIntosh, Leroy McIntosh. Mr. McIntosh, if you'll give your address as well, please. Thank you, sir. It's 453 North Upper. I didn't prepare a big speech, but my concern, there is no bigger tree hugger in the world than me. I held on to my oaks 100 years old when the Department of Highways decided to come by, you know, and plow them under for a road nowhere, coming from nowhere, going nowhere. So, but my concern is, where's all the money we paid all these years on the sewer gone? It's wasted. Like our garbage service, they cut us back to once a week. What benefit do we have? The streets stink in the summertime. And the cost, I mean, to the poor and the working class is another thing. And this is, I don't care what you call it, a tax or whatever. It comes out of your pocket. And right now in America, it seems like George Bush and even our Congress thinks we need some money back in our pockets because things are going so poorly. And it's easy for a handful of elites to sit and choose what's best for everybody else. And that's why most people in this country and everywhere else are apathetic to what goes on because they think what they think doesn't matter anyway. And there's lots of cuts that could be made in what goes on in this city. Everybody up there knows it. Everybody out here knows it. And everybody else does, too. We have buses driving all day, nobody on them. There's everything in the world going on. There's money to be found. And most of the time, people think their opinion doesn't count, so that's why you don't get a whole lot of people coming to the council other than, you know, in a handful that are the elites and those people. I guess I'm one of the people that are down. I have a college education, but I consider myself one of the down and out working people. And we should be heard. Thank you. Thank you, Mr. McIntosh. The last speaker that signed up is Jack Wilson. If anyone else wishes to speak, please. Bernard, yes, sir. Jack, if you'll give your address, please, sir. Thank you. Jack Wilson, 3424 Keith Shire Way. I would like to commend this council for putting this ordinance on the docket, and I certainly urge you to pass it. I have been witness in a couple of different capacities to these problems in Lexington for more than 30 years. It is unfortunate that some of them have not been previously addressed, and I think that perhaps is why we see the size or percentage of increase in fee to be as much as it is. But you are facing facts of the current situation of sewers in Lexington, and I am pleased with the courage that you're showing in doing that. I hope you will continue in this vein and similarly address the issues of storm sewers. So thank you for your time, and thank you for the opportunity to the community to come this evening and make their thoughts known. Thank you, Mr. Wilson. Mr. McCarthy. For the record, my name is Bernard McCarthy. My address is 515 Harry Street. Several of the things that bug me are, one, I think all court cases should be taken to a jury and there should never be any plea bargaining or secret negotiating allowed anywhere in this country, and I would support a constitutional amendment to that effect. But what really bugs me the most is that articles in the paper gave the impression that this government has actually done less work on the sewers because it was being sued than it would have done if there were no lawsuit underway. I think that the health and lives of citizens are much more important than preserving the evidence against you in a court case, and I think this regardless of how strongly judges and lawyers claim otherwise. And it bugs me that you haven't been putting enough effort into it all these years that it's been a problem. Also, I do think, while I don't mind paying more to cover the cost of maintenance and repairs to the system, but I do think the cost of expanding the capacity of the system, more of that should be inflicted upon developers. I don't know if the sewer system's problems are caused by a growing population like the road system's problems are or not, but if they are, I think developers should be paying more. I mean, admittedly, roads are my area of expertise rather than the sewers, but I do think you should have been trying to fix this all along, number one. Number two, those of us already here that have been here some time shouldn't be paying to subsidize people who are just now moving here from somewhere else. I think that the new arrivals ought to have to pay enough when they are hooked onto the system to cover capacity expansion made necessary by their coming here. Admittedly, that might deter a few people from moving here and get them to stay where they were before. Thank you, Mr. McCarthy. That is all we have. Mr. White. Thank you, Mayor Gray. My name is Scott White, 133 West Short Street. I'm an attorney. I represent the Fayette County Neighborhood Council in the EPA litigation. I do have a couple of comments. Obviously, Mr. Gaffield, who's the president of the organization, heartily endorses the ordinance that Mr. Blevins has put forward. A few points that I think we'd like to make for the record is this ordinance, this increase in sewer fee, is an absolute reality. You all have been briefed throughout these negotiations. You know what we are all facing, and the idea that we can somehow stick our heads or continue to keep our heads stuck in the sand will not work. We must absolutely. This is not the right thing to do. It's the only thing to do as far as a first step. And we know that the second step is coming, and that's when you're going to have to deal with perhaps a politically more touchy issue, and certainly we hope you'll have the courage to deal with it as you are with this one, and that is the notion of the stormwater fee as well. The other point we would just make is this is, as you all well know, if you've been involved in Lexington or grew up here like many of us did, the need for a reasonable and responsible sanitary stormwater fee is hardly a surprise. The Fayette County Neighborhood Council prepared and provided an exhaustive look at sanitary stormwater back in 1995. Prior administrations allowed themselves to be influenced, if you will, by interest groups who were interested only in not having to pay their fair share, and they were able to kill these kind of measures. So it's hardly a surprise. One of the other things we heard was, you know, why can't we just be like everybody, like mom and pop down here and just tighten our belts, be better stewards of our tax dollars? Well, no amount of belt tightening is going to deal with the public health hazard that this community has had to face for far too long. Can we all be better stewards? Absolutely. Many of you ran on those type of platforms, and certainly as citizens we expect you all to be good stewards. But you also have to have the resources to do the job. One last thing we will mention, I know I've got about 25 seconds, if your count works like the court's when you're given three minutes to argue in the Supreme Court, is there is a way to keep all these fines going out to some bureaucracy in Washington, and that's known as SEPs, Supplemental Environmental Projects. We have proposed some before Mayor Newberry asked us to leave the negotiations. We proposed some SEPs. That is a way to funnel money that normally would go to Washington back here, and we would urge you to look strongly at those. Mr. Mayor, thank you very much for your indulgence tonight. Thank you, Mr. White. Mr. Green had one more speaker that I hadn't gotten the notice on yet. That's Mr. Pidgeon, Mr. Ken Pidgeon. I'm Ken Pidgeon. I live at 331 Aylesford Place. If I recall correctly, the last administration, Mayor left and claimed he had a surplus, and now we're having to pay a tax increase? Sounds like you weren't using, instead of a surplus, it sounds like you weren't using the money to do the things you were supposed to do. I think it sounds like you weren't managing the money correctly. I don't know if we should be paying this tax increase. Thank you. Thank you, Mr. Pidgeon. Is there anyone else in the audience tonight who wishes to offer public comment? If not, I know that all the members of the council share an appreciation to those who have come out tonight and who have spoken with conviction and concisely and with clarity as well, and you should feel good about that because I can tell you that the scouts up here have been taking copious notes, and isn't that right, guys? Thank you all, too, for being here. Madam Clerk, I believe we can continue now with the reading of the ordinances. First reading. Ordinance number 13, an ordinance amending section 21-5 of the Code of Ordinances, correcting an error in the number of positions of public service supervisor senior in the Division of Parks and Recreation to create a position for an existing employee who obtained the position through the proper civil service procedures and placing the employee in the position to become effective retroactive to November 15, 2004 and appropriating funds pursuant to budget schedule number 121. Number 14, an ordinance amending section 22-5 of the Code of Ordinances, abolishing one position of planner senior grade 117E and amending section 21-5 of the Code of Ordinances, creating one position of planner senior grade 117E all in the Division of Planning to become effective March 3, 2008 and appropriating funds pursuant to budget schedule number 124. Number 15, an ordinance amending section 21-5 of the Code of Ordinances, abolishing one position of social services coordinator grade 114E and creating one position of social worker senior grade 113E in the Department of Social Services and appropriating funds pursuant to budget schedule number 125. Number 16, an ordinance pursuant to section 3.02, subsection 23 of the Charter of the Lexington-Fayette-Urban County Government, amending section 23-5B of the Code of Ordinances, abolishing one position of the permanent rank of police captain, amending section 23-5B of the Code of Ordinances, creating one position of permanent rank of police lieutenant, expressing an intent to abolish 14 positions of permanent rank of police captain as employees separate from service and to create 14 positions of the permanent rank of lieutenant, amending section 23-5 of the Code of Ordinances, 23-5B of the Code of Ordinances, abolishing six positions of police officer and creating six positions of sergeant, expressing an intent to create the additional special duty assignments of deputy chief and commander, providing that the police captains assigned to the special duty assignment of commander shall receive a biweekly supplement salary of $400 and police lieutenants assigned to the special duty assignment of commander shall receive a biweekly salary supplement of $771 and providing that police captains assigned to the special duty assignment of assistant chief shall receive a biweekly salary supplement of $1100 and police lieutenants assigned to the special duty assignment of assistant chief shall receive a biweekly salary supplement of $1,471, providing that police captains assigned to the special duty assignment of deputy chief shall receive a biweekly salary supplement of $1,200 and police lieutenants assigned to the special duty assignment of deputy chief shall receive a biweekly salary supplement of $1,571 and providing that all relevant sections of Chapter 23 shall be superseded by collective bargaining agreements appropriating funds pursuant to Schedule No. 131 effective on February 18, 2008. No. 17 in Ordinance Submitting Section 1 of Ordinance No. 280-2007 Adopting a Schedule of Meetings for the Lexington-Fayette-Urban County Council for the calendar year 2008 to set the regular time for the Outside Agency Oversight Committee meeting at 1130 a.m. to schedule the Council meeting State of the Emerged Government Address for 6 p.m. on January 28, 2008 to set the time of the May 6, 2008 Outside Agency Oversight Committee meeting at 10 a.m. to set the time of the May 6, 2008 Committee of the Whole meeting at 1130 a.m. to delete the quarterly designation for the June 3, 2008 Committee of the Whole meeting and to set the June 24, 2008 Council meeting first reading of the FY 2009 budget at 3 p.m. No. 18 in Ordinance Submitting Section 2 of Ordinance No. 293-2007 to correct the clerical error which deleted instead of creating one position of Associate Engineering Technician Principal Grade 114-E in the Division of Engineering Effective Retroactive to August 20, 2007 No. 19 in Ordinance Submitting Section 2 of Ordinance No. 294-2007 to correct the clerical error on Subsection Line No. 4 Van Driver Part-Time in the Office of Aging Services to become Effective Retroactive to December 11, 2007 No. 20 in Ordinance Authorizing and Directing the Mayor on behalf of the Urban County Government to execute Change Order No. 1 to the contract with Lithco Restoration Technologies for additional shoring, beams, and posts for the annex parking garage, increasing the contract price by the sum of $14,000 from $153,000 to $167,500 and appropriating funds pursuant to Schedule No. 127. No. 21 in 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 $153,000 federal funds, are for the Maxwell Street Bike Pedestrian Project, the exceptions of which obligates the Urban County Government for the expenditure of $49,000 as a local match, with $10,000 contributed by the Ellsford Neighborhood Association and $11,000 by the University of Kentucky, appropriating funds pursuant to Schedule No. 126 and authorizing the Mayor to transfer unencumbered funds within the grant budget. No. 22 in 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 $240,000 federal funds, are for the design of the South Elkhorn Trail, the exceptions of which obligates the Urban County Government for the expenditure of $70,000 as a local match, appropriating funds pursuant to Schedule No. 128 and authorizing the Mayor to transfer unencumbered funds within the grant budget. No. 23 in 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 $28,000 federal funds, are for the design of the South Elkhorn Trail, the exceptions of which obligates the Urban County Government for the expenditure of $7,000 as a local match, appropriating funds pursuant to Schedule No. 129 and authorizing the Mayor to transfer unencumbered funds within the grant budget. And No. 24 in Ordinance Submitting 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. 123. Thank you, Mr. Clerk. Council Member Myers. Thank you, Vice Mayor. I want to suspend the rules and give second reading to No. 17. Is that a motion? There's a motion and a second to suspend rules for Item 17. Any other? There's a second. Council Member Lane. Is there any discussion? All in favor of suspending the rules for second reading on Item 17, please indicate by saying aye. Opposed, no. Motion carries. Ordinance No. 17 for second reading. And Ordinance Amending Section 1 of Ordinance No. 280-2007 Adopting a Schedule of Meetings for the Lexington-Fayette Urban County Council for the Calendar Year 2008 to set the regular time for the Outside Agency Oversight Committee Meeting at 1130 a.m. to schedule the Council Meeting State of the Merged Government Address for 6 p.m. on January 28, 2008 to set the time of the May 6, 2008 Outside Agency Oversight Committee Meeting at 10 a.m. to set the time of the May 6, 2008 Committee of the Whole Meeting at 1130 a.m. to delete the quarterly designation for the June 3, 2008 Committee of the Whole Meeting and to set the June 24, 2008 Council Meeting First Reading of FY 2009 Budget at 3 p.m. Thank you, Madam Clerk. Take a vote on 17. Is there any discussion? All in favor, please roll call. On 17. Mr. Gray. Yes. Ms. Henson. Yes. Ms. James. Yes. Mr. DeCamp. Yes. Mr. Ellinger. Yes. Thank you, Madam Clerk. Number three, a resolution accepting the bids of ADAPCO Environmental Solutions, Alec Chemical Solutions, Incorporated Siemens Waters Technology Corporation, Source Technologies LLC and U.S. Peroxide LLC, Hydrogen Peroxide Only, establishing price contracts for odor removal for products for the Division of Water and Air Quality. Number four, a resolution accepting the bid of Hearst Office Suppliers, establishing a price contract for recycled content copier paper for the Division of Central Purchasing. Number five, a resolution accepting the bid of Cricket Communications, establishing a price contract for wireless phone service for the Division of Parks and Recreation. Number six, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a letter agreement, which is attached here to and incorporated herein by reference amending the current joinder agreement between the election fed Urban County Government and Kentucky Public Employees Deferred Compensation Authority to provide for the offering of deemed IRAs through the Kentucky Public Employees 401K Deferred Compensation Plan at no cost to the Urban County Government. Number seven, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a letter agreement amending the existing joinder agreement between the election fed Urban County Government and the ICMA RC to provide for payroll deducted individual retirement accounts at no cost to the government. Number eight, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an agreement with T-Mobile Central LLC and Powertail Memphis Incorporated doing business as T-Mobile for the provision of 311 service at no cost to the Urban County Government. Number nine, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a quitclaim deed conveying a portion of the property located at 3055 Todd's Road, which is adjacent to the property located at 705 Caden Lane, formerly Rosenwald School, from East End Church of Christ Incorporated to the Urban County Government at no cost to the Urban County Government. And number 10, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute and submit a grant application to the Federal Emergency Management Agency and to provide any additional information requested in connection with this grant application, which grants funds are in the amount of $334,320 federal funds and are for the Flood Hazard Mitigation Project on Shandon Drive. Thank you, Madam Clerk. I need to take a roll call vote. There's a motion appropriate. A motion would be appropriate. We need a motion for a roll call. Yes, sir. Motion to approve. Motion to approve. And second. Is there any discussion? Okay. Ready for a roll call. Ms. Gorton. Aye. Mr. Gray. Yes. Ms. Henson. Yes. Ms. Smith. Ms. James. Aye. Mr. Lane. Yes. Mr. McCord. Yes on all, no on number 5. That is noted. Mr. Myers. He stepped away. Dr. Stevens. Aye. Mr. Stennett. Aye. Mr. Beard. Aye. Mr. Blevins. Aye. Mr. Blues. Yes. Mr. Crosby. Yes. Mr. DeCamp. Yes. And Mr. Ellinger. Yes. Thank you. Next item on our agenda is the first reading of the resolutions. Resolution number 11, a resolution accepting the bid of Blue Grass International Trucks, establishing a price contract for heavy-duty cab and chassis trucks for snow removal dump trucks for the Division of Fleet Services. Number 12, a resolution accepting the bids of Blue Grass Uniforms Incorporated, Blue Grass Fire Equipment, Galls Incorporated, and U.S. Calvary, establishing price contracts for fire recruit equipment for the Division of Fire and Emergency Services. Number 13, a resolution accepting the bids of G&K Services, establishing a price contract for rental of entrance mats. Number 14, a resolution accepting the bids of Elite Petroleum Incorporated, KPS Sales, Kentucky Petroleum Supply, and Kentucky Motor Service of Lexington Incorporated, establishing phone price contracts for hydraulic oil for the Division of Fleet Services. Number 15, a resolution accepting the bid of Flex-O-Lite, establishing a price contract for blast beads for the Division of Traffic Engineering. Number 16, a resolution accepting the bid of Geneva Corporation, doing business as Nixon Power Services Company in the amount of $478,000 for an emergency generator for South Elkhorn Pump Station for the Division of Water and Air Quality. Number 17, a resolution accepting the bid of Miller Transportation Incorporated, establishing a price contract for charter bus services. Number 18, a resolution accepting the bid of Excellence Incorporated in the amount of $437,751.22 for an emergency care unit for the Division of Fire and Emergency Services. Number 19, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an application for assistance form for the Kentucky Department for Environmental Protection, Division of Waste Management, Underground Storage Tank Branch, for reimbursement of closure of underground storage tanks, and authorizing the mayor on behalf of the Urban County Government to execute claim request forms for reimbursement of contract costs by the Petroleum Storage Tank Environmental Assurance Fund as work on closure of the underground storage tanks is completed. 20, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a contract with Zimbali Fireworks Manufacturing Corporation for July 4, 2008 and 2009 fireworks exhibitions at a cost not to exceed $350,000 annually subject to sufficient funds being appropriated. 21, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a standard form of agreement between owner and architect with Omni Architects related to the design of a public safety operations center Phase I at a cost not to exceed $302,845. Number 22, a resolution authorizing and directing the mayor on behalf of the Urban County Government to accept a donation of Wolfpack Thermal Remote Viewing System for the U.S. Department of Homeland Security for the Division of Police, the acceptance of which does not obligate the Urban County Government for the expenditure of funds. 23, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an agreement with Bryan Station High School PTSA, Incorporated, $1,000 for the office of the Urban County Council at a cost not to exceed the sum stated. 24, a resolution ratifying the probationary civil service appointments of Philip Likens, clerical assistant, grade 104N, 13.159 hourly in the Department of General Services, effective January 21, 2008. Excuse me. Robert Ledford, trades supervisor, grade 113N, 21.500 hourly in the Division of Parks and Recreation, effective January 21, 2008. Ashley Case, human resources generalist, grade 118E, 1,873.52 biweekly in the Division of Human Resources, effective January 21, 2008. Tamara Walters, human resources manager, grade 119E, 2,362.80 biweekly in the Division of Human Resources, effective January 1, 2008. Jeffrey Rohrbach, telecommunicator senior, grade 113N, 20.741 hourly in the Division of Enhanced 911, effective February 4, 2008. Steve Feast, director of waste management, grade 121E, 3,192.30 biweekly in the Division of Waste Management, effective January 21, 2008. Gary Birchfield, network security engineer, grade 119E, 2,461.54 biweekly in the Division of Computer Services, effective February 4, 2008. Ratifying the permanent civil service appointments of Louise Caldwell-Grand, administrative officer, grade 118E in the Department of Public Works and Development, effective September 19, 2007. Kevin Wente, administrative officer, grade 118E in the Department of Public Works and Development, effective September 19, 2007. Ratifying the probationary sworn appointments of Robert King, Brian Cavill, carry bowling, fire lieutenant, grade 315N, 16.261 hourly in the Division of Fire and Emergency Services, effective January 7, 2008. Brian Strange, Sherry Ann Shuey, fire captain, grade 316N, 21.497 hourly in the Division of Fire and Emergency Services, effective January 7, 2008. Leryl Alley, fire captain, grade 316N, 35.289 hourly in the Division of Fire and Emergency Services, effective January 7, 2008. Geraldo Bellet, Kristen Chilton, Marcus Wainscott, fire major, grade 318E, 3,000 hours in the Division of Fire and Emergency Services, effective January 7, 2008. Approving leave of absence for Patricia Wallace, staff assistant, grade 107N, in the Division of Planning, request 90-day counsel, approved leave without pay from January 15, 2008 to April 13, 2008. Approving the unclassified civil service appointment of Winford Lewis, equipment operator senior, grade 109N, 18.625 hourly in the Division of Fire and Emergency Services, effective January 7, 2008. Patricia Wallace, staff assistant, grade 107N, in the Division of Planning, request 90-day counsel, approved leave without pay from January 15, 2008 to April 13, 2008. Approving the unclassified civil service appointment of Winford Lewis, equipment operator senior, grade 109N, 18.244 hourly in the Division of Waste Management, effective January 21, 2008. Norman Beckham, equipment operator senior, grade 109N, 15.220 hourly in the Division of Waste Management, effective January 21, 2008. Approving the unclassified civil service salary increase for Dena Melvin, aide to the council, grade 000E, from 1,678.40 bi-weekly to 1,000.00. Real estate sales tax cut to 1,923.07 bi-weekly in the office of the Urban County Council, effective September 19, 2007. Number 25, resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a vehicle use agreement with National Insurance Crime Bureau for lease of a vehicle at no cost to the Urban County Government and authorizing and directing the mayor to execute future vehicle use agreements, provided that the terms and conditions remain the same. Number 26, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a professional services agreement with Sherry Goler as a sexual assault nurse examiner to provide on-call forensic examinations under the Sexual Assault Nurse Examiner Program at a cost not to exceed $40 for each scheduled on-call period, $230 for each completed forensics examination, $50 per case for professional testimony in court, and the reasonable cost of medical liability insurance. Number 27, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a professional services agreement with L. Leanna McBride as a sexual assault nurse examiner to provide on-call forensic examinations under the Sexual Assault Nurse Examiner Program at a cost not to exceed $40 for each scheduled on-call period, $230 for each completed forensic examination, $50 per case for professional testimony in court, and the reasonable cost of medical liability insurance. Number 28, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a purchase of service agreement with the Lexington and Fayette County Parking Authority for the management of on-street parking and other downtown parking issues. Number 29, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a sale agreement with Kathy O'Donovan and the Horse Patrol Commission for purchase of a horse for the Division of Police Mounted Patrol Unit at no cost to the Urban County Government. Number 30, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute Supplemental Agreement No. 1 with the Kentucky Transportation Cabinet for $46,800 in additional funds, SLX funds, for construction of the Brighton East Rail Trail. Number 31, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute Supplemental Agreement No. 1 with the Kentucky Transportation Cabinet for $46,800 in additional funds, SLX funds, for construction of the Brighton East Rail Trail. Number 31, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute Change Order No. 5 to the contract with J.M. Crawford & Associates for design of the Meadows-Northland-Arlington Public Improvements Project Sub-Phase II-E, increasing the contract price by the sum of $11,609.25 from $10,000 to $15,000. Number 32, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute Change Order No. 5 to the contract with J.M. Crawford & Associates for design of the Meadows-Northland Public Improvements Project Sub-Phase II-E, increasing the contract price from $11,609.25 to $10,000. 32, a resolution amending Resolution No. 743-2000 to change the name of the approved company which was granted an inducement pursuant to the Kentucky Jobs Development Act from Xtreme Software Incorporated to Xtreme Software North America, LLC, and to recognize Xtreme Software North America, LLC, as the sole approved company for the Economic Development Project Effective Retroactive Child One 2007. 34, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to introduce a new economic development project effective retroactive to July 1, 2007. To execute and submit a grant application to the Kentucky Heritage Council and to provide any additional information requested in connection with this grant application, which grant funds are in the amount of $12,000 federal funds. And are for the Division of Historic Preservation's Survey and Planning Project. 35, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute and submit a grant application to the Kentucky State Police and to provide any additional information requested in connection with this grant application, which grant funds are in the amount of $107,000 federal funds. And are for operation of a two-year Enforcing Underage Drinking Laws Project. 36, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute and submit a grant application to the Kentucky Governor's Office of Local Development and to provide any additional information requested in connection with this grant application, which grant funds are in the amount of $100,000 federal funds from the Recreational Trail Program and are for construction of the Brighton West Trail. And there's a public meeting for this, sir. Vice Mayor, I have a motion. I move to place on the docket a resolution authorizing a real-name agreement with the Lexington Center Corporation for the Lexington Opera House for the State of the Merge Government Address. So moved. Second. Hearing none, all in favor, please indicate by saying aye. Aye. There's actually a public meeting for item number 36 that needs to be handled. So thank you. So on item number 36 relating to the grant application, we'll open the chambers for a public meeting. Does anyone have any comment associated with item 36? Hearing none. Mr. Green. Yes, sir. Thank you, sir. Mr. Mackey. Mr. Ed Mackey. Mr. Mackey. Yes, sir. Mr. Mackey. For the benefit, while Mr. Mackey's coming up, item 36 is related to the grant application to the Governor's Office for Local Development regarding the $100,000 in federal funds on the Recreational Trail Program. Mr. Mackey. Ed Mackey, 434 Vista Court. I am just here as a representative for LFUCG, Division of Engineering. Mr. Lovin, Principal Engineer. No comment. Thank you, Mr. Mackey. Any further comment? All right. That concludes the public meeting. I can continue. Madam Clerk, you may continue reading. Thank you. And since you all went ahead and made the motion for the walk-on, I can just continue giving that first reading just right down the road. Thank you. Thank you. Thank you, Madam Clerk. Mr. Blues. Thank you, Vice Mayor. I have three resolutions that need expeditious passage, so I move to suspend the rules so that we can do a second reading on 32, 33, and 34. 32, 33, and 34? That's right. Motion to suspend the rules on 32, 33, and 34. Okay. Mr. Beard. Okay. Council Member Stennett. Thank you, Vice Mayor. Number 21 and number 36. Motion to suspend on 21 and 36. Council Member Ellinger. Okay. Ms. Henson. Council Member Henson. Number 24, please. Second reading. Number 24. Council Member DeCamp. Number 28. Council Member Ellinger. Number 40. Number 40. Is that it? Yes. Council Member Myers. Number 29 and 35. 29 and 35. Okay. Is there any others? Okay. Just to recap, I've got 21, 24, 28, 29, 32, 33, and 34. 34, 35, 36, and 40. One motion. Council Member James. Add 31. Any more? Okay. We have a consolidated motion then, right? For 21, 24, 28, 29, 31, 32, 33, 34, 35, 36, and 40. We have a motion. We have a motion. We have a second. A motion and a second. Is there any further discussion on the suspend the rules on these numbers? All right. Madam Clerk, roll call, right? Oh, okay. We'll vote for it. All in favor of suspending the rules on these, as I just called out, please indicate by saying aye and voting aye. Can we do that? Oops. All right. Now we're up here. All opposed, no. All right. The motion carries. If the noes want to be noted, if you'll just tell me, I'll make sure. Are they on there? I'll denote that in the minutes. Dr. Stephens, did you vote no, too? I actually pressed the record unanimous vote, so that's my fault. It was mine, technical. Okay. Motion carries. I'll denote the no votes correctly in the minutes. Thank you, Madam Clerk. A resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a standard form of agreement between owner and architect with Omni Architects relating to the design of a public safety operations center phase one at a cost not to exceed $302,845.24. A resolution ratifying the probationary civil service appointments of Philip Likens, clerical assistant, grade 104N, 13.159 hourly in the Department of General Services, effective January 21, 2008. Robert Ledford, trades supervisor, grade 113N, 21.500, hourly in the Division of Parks and Recreation, effective January 21, 2008. Ashley Case, human resources generalist, grade 118E, 1,873.52, biweekly in the Division of Human Resources, effective January 21, 2008. Tamara Walters, human resources manager, grade 119E, 2,362.80, biweekly in the Division of Human Resources, effective January 21, 2008. Jeffrey Rohrbach, telecommunicator, senior, grade 113N, 20.741, hourly in the Division of Enhanced 9-1-1, effective February 4, 2008. Steve Feast, director of waste management, grade 121E, 3,192.30, biweekly in the Division of Waste Management, effective January 21, 2008. Kirsten McField, network security engineer, grade 119E, 2,461.54, biweekly in the Division of Computer Services, effective February 4, 2008. Ratifying the permanent civil service appointments of Louise Caldwell-Grant, administrative officer, grade 118E in the Department of Public Works and Development, effective September 19, 2007. Kevin Wente, administrative officer, grade 118E in the Department of Public Works and Development, effective September 19, 2007. Ratifying the probationer's sworn appointments of Robert King, Brian Colvin, Carrie Bowling, fire lieutenant, grade 315N, 16.261, hourly in the Division of Fire and Emergency Services, effective January 7, 2008. Brian Strange, chariot fire captain, grade 316N, 21.497, hourly in the Division of Fire and Emergency Services, effective January 7, 2008. Laurel Alley, fire lieutenant captain, grade 316N, 35.289, hourly in the Division of Fire and Emergency Services, effective January 7, 2008. Geraldo Bello, Kirsten Chilton, Marcus Wayne Scott fire major, grade 318E, 3,172, 62 biweekly in the Division of Fire and Emergency Services, effective January 7, 2008. Approving leave of absence for Patricia Wallace, staff assistant, grade 107N in the Division of Planning, request 90-day counsel, approve leave without pay from January 15, 2008 to April 13, 2008. Approving the unclassified civil service appointment of Winford Lewis, equipment operator, senior, grade 109N, 18.244, hourly in the Division of Waste Management, effective January 21, 2008. Norman Beckham, equipment operator, senior, grade 109N, 15.220, hourly in the Division of Waste Management, effective January 21, 2008. Approving the unclassified civil service salary increase for Dena Meldman, 8-day counsel, grade 000E, from 1,678.40 biweekly to 1,923.07 biweekly in the Office of the Urban County Council, effective September 19, 2007. Number 28, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a purchase of service agreement with the Lansing and Fayette County Parking Authority for the management of on-street parking and other downtown parking issues. Number 31, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute change order number 5 to the contract with J.M. Crawford & Associates for design of the Meadows-Northland-Arlington Public Improvements Project, sub phase 2E, increasing the contract price by the sum of $11,609.25 from $283,185.50 to $294,794.75. 32, a resolution amending resolution number 743-2000 to change the name of the approved company which was granted an inducement pursuant to the Kentucky Jobs Development Act from Xtreme Software Incorporated to Xtreme Software North America LLC and to recognize Xtreme Software North America LLC as a sole approved company for the economic development project. Effective retroactive July 1, 2007. 33, a resolution amending resolution number 59-2006 to change the name of the approved company which was granted an inducement pursuant to the Kentucky Jobs Development Act from Xtreme Software North America Incorporated to Xtreme Software North America LLC and to recognize Xtreme Software North America LLC as a sole approved company for the economic development project. Effective retroactive July 1, 2007. 34, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute and submit a grant application to the Kentucky Heritage Council and to provide any additional information requested in connection with this grant application, which grant funds are in the amount of $12,000 federal funds and are for the Division of Historic Preservation's survey and planning project. Number 36, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute and submit a grant application to the Kentucky Governor's Office of Local Development and to provide any additional information requested in connection with this grant application, which grant funds are in the amount of $100,000 federal funds from the Recreational Trail Program and are for construction of the Brighton West Rail Trail. And number 40, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a rental agreement with Lexington Center Corporation for rental of the Lexington Opera House for the state of the merged government address at no cost to the Urban County Government. Okay, I have 29 and 35 to read also. I'm sorry. Resolution number 29, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a sale agreement with Cathy O'Donovan and the Horse Patrol Commission for the purchase of this horse for the Division of Police Mounted Patrol Unit at no cost to the Urban County Government. And number 35, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute and submit a grant application to the Kentucky State Police and to provide any additional information requested in connection with this grant application, which grant funds are in the amount of $107,000 federal funds and are for cooperation for operation of a two-year enforcement underage drinking laws project. Thank you, Madam. Did I interrupt you? I hope not. You're finished. Finished this time. All right. Motion to approve, Mayor. Motion to approve by Councilmember Ellinger, and there's a second. So is there any further discussion? Madam Clerk. Yes. Call the roll, please. Ms. Gorton. Aye. Mr. Gray. Yes. Ms. Henson. Yes. Ms. James. Yes. Mr. Lane. Yes. Mr. McCord. Yes. Mr. Myers. Yes. Dr. Stephens. Aye. Mr. Beard. Aye. Mr. Stennett. Aye. Mr. Blevins. Aye. Mr. Blues. Yes. Ms. Crosby. Yes. Mr. DeCamp. Yes. And Mr. Ellinger. Yes. Thank you. Next on our agenda is Roman numeral 7, Communications from the Mayor. Move approval. Second. Move and second. There's a motion and a second. Is there any discussion? Hearing none. All in favor, please indicate by saying aye. Aye. Opposed, no. Motion carries. Communications from the Mayor passed. Communications for information only. Next item on the agenda. Is there a motion? I don't need one. That's just for information. All right. Good. Reports. Item 9. Do we need any action on it? No. Council Member McCord. Just when you get to announcements. All right, sir. We're there. There we go. I just wanted to announce that with the Mayor's moving of the State of the Emerged Government from Tuesday to Monday night, I will not be in attendance due to a prior business meeting and speech that I have to give. So I apologize for being there, but I wanted to go on record as to why I won't be there. Thank you. Thank you, sir. We'll miss you. Any other announcements? Council Member Lane. Thank you, Vice Mayor. I'm going to be traveling on business for four days, so I will not be able to attend the Mayor's address either. Sorry, Mayor. Thank you, Council Member Lane. You as well will be missed. Will anyone else not be here or be missed? Any other announcements? That leads us to the last item on our agenda, public comment. Any public comment for tonight? There's no public comment. The Chair will set the motion to adjourn and second. All in favor, please. Council Member Blevins. Thank you, Vice Mayor. At the request of the legal department, I move to KRS 61.810, subsection 1C, to go into closed session for the purpose of discussing pending litigation against the Lexington-Fayette-Urban County Government. So moved. Second. There's a motion and a second to adjourn to closed session. All in favor. I understand it. All in favor. I'll oppose. Please say no. We're in closed session. Yes, sir. Thank you.