Call the meeting to order if we could, please. We'll try to move things along as promptly as we can so everybody can go ahead and get home this evening. We'll begin with a roll call. Madam Clerk? Mr. McCord? Here. Mr. Myers? Here. Dr. Stevens? Mr. Stennett? Here. Mr. Beard? Present. Mr. Blevins? Mr. Blues? Here. Ms. Crosby? Here. Mr. DeCamp? Here. Mr. Ellinger? Here. Ms. Gorton? Here. Mr. Gray? Here. Ms. Henson? Here. Ms. James? And Mr. Lane? Here. Thank you. We have a quorum. Due to the inclement weather, we agreed with the minister who was planning on being here this evening that we would have him come on another occasion, and we're fortunate this evening to have Deacon Artie Green to give our invocation. Let us pray. Heavenly Father, we thank you for allowing us to symbol, to do the business of the city. We pray that as we come together that our hearts will focus on what you would have us to do, considering all of our citizens and doing the best work that we can. We ask for that guidance. We ask for the peace so that we may concentrate on the things that you would have us to do. We thank you in the name of Christ Jesus, and we pray. Amen. You may be an amateur, but he prays like a pro. So thank you very much, Artie. Well done. I have been asked, unless there's an objection from the council, if we deviate from the docket and have the public meeting first so that those who are here to participate on the issue that's listed under Roman numeral 10 might have an opportunity to speak to us on the front end and then get on home a little earlier tonight. Is there any objection to calling that item first? Seeing none, is there anyone here who wishes to address the council on the application for submission to the Governor's Office of Local Development for federal funding for the McConnell's Trace Greenway Restoration and Trail Project for the Land and Water Conservation Fund? All right. I don't have a list, so if you would please step to the podium, give us your name and address, and you'll have three minutes. Please. Mr. Mayor, Council, my name is Bob Russell Tutte. I live at 104 McConnell's Trace Boulevard here in Lexington, and I'm here tonight in support of the McConnell's Trace Greenway completion. The developer turned that land over to the city approximately two and a half, three years ago, and it is in great need of being completed. It has become a health hazard and a dangerous place for the kids in the neighborhood to go down because there's a lot of construction debris and so on and so forth, so I would urge that the council consider passing this project. Thank you. Thank you very much. Anyone else? Van? Good evening. My name is Van Meter Pettit, and I live at 155 Constitution Street, and I'm here on behalf of an organization called Town Branch Trail Incorporated, which has been advocating for, I guess, about nine years for a greenway that, a trail for bicycles and pedestrians principally, that can connect Mashton Station Park with and through downtown Lexington, and we are so grateful to this administration and this council for the leadership that you've shown towards bicycles, pedestrians, greenways in general, and as we now see, stormwater, and all of these things are very integral, and as we find, you can actually kill a few birds with one stone, and one of the nice things about what is being proposed is that it's addressing stormwater at the same time that it's addressing our multiple needs, whether we're too young to drive, don't want to drive, you know, not allowed to drive, being on foot or bicycle or roller blade or wheelchair, these are ways to get from house to house to neighborhood to school or literally from Mashton Station Park, which is a four-mile loop, all the way through downtown Lexington. It can really change the way we use our city and the way we visit each other. I know as a kid, I was on a bike eight hours a day for, you know, the entire summer. Imagine being able to connect neighborhoods and being able to connect kids with their schools, and these are not the major connectors of the town branch trail system. These are inlets that connect better into McConnell Trace neighborhood, but what's nice about them is that they are draws that stormwater is going to run through, and if we're careful about the way they're set up and landscaped, then we can slow down the stormwater and beautify the neighborhood at the same time. I know I've spoken with Mrs. Atkins, who owns the farm across the creek, and because of the development and inevitable effect of paving and compacting soil, you know, she gets a lot of water through her pastures, and everything we can do for our neighbors to slow down the water and to grow things with it instead of having to pipe it, the better. And I've used my full three minutes, and thank you all so much for your time and coming down here on this icy night. Thank you very much. Does anyone else wish to address the council or express concerns? Seeing none, we'll close the public meeting. Thank you very much, and those of you who were here for that item, we'll be glad to have you. Stay with us for a while or you're free to go. Thank you, Mayor. I just want to add here that a lot of work has been done by many people to bring this about. Van Meter Pettit, I think, has done such a remarkable job on the Town Branch Trail Project, and I think that's given impetus to the McConnell's Trace neighborhood to develop greenways that provide a path as well as environmental enhancement to the trail. And this project, I think, is particularly important because we have a really excellent model example here of a neighborhood working with local government to bring this trail system about. And I want to commend Cindy Dietz and Keith Lovin, Bob Russell-Toddy, and the Neighborhood Committee that's worked on this project. I think nine members of the committee have committed themselves to this effort. And this is something we need to see more of in more neighborhoods where we step up and say, let's develop these greenways and these environmental projects, and let's see new landscape patterns and new natural areas. So I have great hopes for this grant application, for the completion of these greenways, for demonstrations of what neighbors investing in their own greenway possibilities can do. And I thank you all for being here and for making this effort. Thank you very much. If there's nothing further, we'll get back on the regular agenda. And item three is the approval of the minutes from three prior meetings. I have a motion by Councilmember Gorton and I think a second from Councilmember Myers to approve the three sets of minutes. Any discussion? Those in favor, please say aye. Those opposed, no. Motion carries. Madam Clerk, if you'll give a second reading to the ordinances. Ordinance number one, an ordinance amending Article 6, Chapter 16 of the Code of Ordinances, as follows, to amend Section 1648 to increase disposal fees for sewage, to create Section 16-57.1, providing that all rates and fees set forth in Sections 1648, 1659, and 1660 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, 2009, for the first unit from zero 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 user, 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 zero to 100 cubic feet of water and $3.20 through June 30, 2009, and $4.32 effective July 1, 2009, per unit for usage in excess of one unit, plus increase the change for suspended solids from 0.322 to 0.478 through June 30, 2009, and 0.645 effective July 1, 2009, the charge for ammonia and nitrogen from 0.977 to $1.45 through June 30, 2009, and 1.958 effective July 1, 2009, and the charge for biochemical oxygen demand for 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 senior citizens to amend section 16-59.1, changing the adjustment of fees to apply to a 50% adjustment to the entire bill amount for qualified customers, rather than a 100% adjustment to rate increases only, and to amend section 16-60 to increase sanitary sewer tap-on fees. Number two, an ordinance amending certain of the budgets of the Lexington-Fayette-Irvin County government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds, Schedule No. 130. Number three, an ordinance amending section two of Ordinance No. 270-2007 to correct a clerical error in the class code for Facility Manager in the Division of Building Maintenance and Construction to become effective retroactive to May 28, 2007. Number four, an ordinance amending section 21-5 of the Code of Ordinances, creating three positions of Environmental Inspector, grade 113-N, and one position of Program Specialist, grade 112-E, and abolishing one position of Chief Plant Operations Supervisor, grade 118-E, one position of Engineering Technician Senior, grade 113-E, and two positions of Engineering Technician, grade 111-N, all in the Division of Water and Air Quality, and appropriating funds pursuant to Budget Schedule No. 136. Number five, an ordinance amending section 21-5 of the Code of Ordinances, abolishing one position of Administrative Specialist Senior, grade 112-N, and creating one position of Personnel Record Supervisor, grade 114-E, and reclassifying the incumbent in the Division of Police to become retroactive to November 26, 2007, and appropriating funds pursuant to Budget Schedule No. 137. Number six, an ordinance authorizing and directing the Mayor on behalf of the Urban County Government to accept a grant from the Kentucky Cabinet for Health and Family Services under the Prevent Child Abuse Kentucky Initiative, which grant funds are in the amount of $20,000 federal funds are for assistance to families enrolled in the KinCare program 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 Schedule No. 134, 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 March of Dimes, which grant funds are in the amount of $15,986, and are for the support of a project that will assess and treat pre- perinatal and postpartum mood disorders to be conducted in conjunction with the Home Network Hands program 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 Schedule No. 132, and authorizing the Mayor to transfer unencumbered funds within the grant budget. Number eight, an ordinance authorizing and directing the Mayor on behalf of the Urban County Government to accept a grant from the Blue Grass Area Development District, which grant funds are in the amount of $100,000 federal funds, are for an out-of-school youth program, the acceptance of which obligates the Urban County Government for the expenditure of $141,080 as a local match, appropriating funds pursuant to Schedule No. 135, and authorizing the Mayor to transfer unencumbered funds within the grant budget. And number nine, an ordinance authorizing and directing the Mayor on behalf of the Urban County Government to accept a donation of $2,500 from the annual Police Memorial Golf Tournament to travel to the DSA Explorers Winterfest, and appropriating funds pursuant to Schedule No. 133. Thank you, Madam Clerk. The floor is open for a motion to approve those items. I have a motion by Councilmember Beard and a second by Councilmember Blues to approve the items that just received their second reading. Is there any discussion? Seeing none, we're prepared to vote. Those in favor, please indicate by voting aye electronically, and if you're in favor, those opposed, vote nay. And Madam Clerk, please call the roll. Mr. McCord? Yes. Mr. Myers? Yes. Mr. Stennett? Mr. Beard? Aye. Mr. Blues? Yes. Ms. Crosby? No on one, yes on the rest. I'll denote that, please. Mr. Allenger? No on one, yes on the rest. Ms. Gorton? Aye. Mr. Gray? Yes. Ms. Henson? Yes. And Mr. Lane? Yes. Thank you. Those items are approved. Takes us down to ordinances for first reading. Madam Clerk. In Ordinance number 10, an ordinance changing the zone from the Wholesale and Warehouse Business B4 zone to a Planned Neighborhood Residential R3 zone for 0.05 net, 0.06 gross acre of property located at 223 and 229 Miller Street, Benjamin Gallagher. Number 11, an ordinance changing the zone from an Agricultural Urban AU zone to a Planned Neighborhood Residential R3 zone for approximately 3.14 net, approximately 3.41 gross acres of property located at 898 Georgetown Street and a portion of 798 Georgetown Street, Urban County Council. Number 12, an ordinance accepting the bid of Xenia Power Equipment in the amount of $67,502 for replacement of the irrigation pump at Kearney Hill Golf Links and appropriating funds pursuant to Schedule number 146. Number 13, an ordinance amending Section 21.5 of the Code of Ordinances abolishing one position of Staff Assistant Senior Grade 108 in and creating one position of Administrative Specialist Grade 110 in the Division of Community Corrections and appropriating funds pursuant to Budget Schedule number 140. Number 14, an ordinance amending Section 22.5 of the Code of Ordinances creating two positions of Social Worker Senior Grade 113 E in the Division of Adult Services. Number 15, an ordinance amending Section 22.5 of the Code of Ordinances creating two temporary positions of Staff Assistant Senior Grade 108 in for a term of one year beginning March 1, 2008 and ending March 1, 2009 in the Division of Water and Air Quality and appropriating funds pursuant to Budget Schedule number 141. Number 16, an ordinance authorizing and directing the Mayor on behalf of the Urban County Government to accept a distribution from the Marion Middleton Trust in the amount of $501.75 for use by the Division of Fire and Emergency Services and further authorizing the Mayor or his designee on behalf of the Urban County Government to complete and submit the beneficiary information sheet for said Trust and to accept any future distributions from the Trust and appropriating funds pursuant to Schedule number 142. Number 17, an ordinance amending certain of the Budgets of the Lexington-Fayette-Urban County Government to reflect current requirements for municipal expenditures and appropriating and re-appropriating funds Schedule number 139. Number 18, an ordinance authorizing and directing the Mayor on behalf of the Urban County Government to accept a grant from the Kentucky Office of Homeland Security which grant funds are in the amount of $245,238 federal funds are for continuation of the Metropolitan Medical Response System, the acceptance of which does not obligate the Urban County Government for the expenditure of funds, appropriating funds pursuant to Schedule number 143 and authorizing the Mayor to transfer unencumbered funds within the grant budget. Number 19, an ordinance amending Ordinance number 267-2007 to correct clerical errors by renumbering a duplicated Section 9 and the Sections that follow as Sections 10 through 17 and to amend the new Section 16 to reflect the correct Section of the Code of Ordinances being created from Section 13-16 to 13-15.1 to become effective retroactive to January 1, 2008. Number 20, an ordinance amending Section 21-5 of the Code of Ordinances abolishing one position of Administrative Specialist Senior Grade 112-N and creating one position of Administrative Specialist Principal Grade 114-E and reclassifying the incumbent in the Division of Building, Maintenance and Construction and pursuant to Ordinance number 197-2002, adjusting the salaries of two employees occupying the position of Administrative Specialist Principal in the Division of Police and one employee occupying the position of Administrative Specialist Principal in the Division of Family Services all to become effective retroactive to July 9, 2007 and appropriating funds pursuant to Budget Schedule number 138 and number 21. An ordinance amending Section 21-5 of the Code of Ordinances abolishing one position of Recreation Supervisor Grade 110-E and creating one position of Recreation Specialist Senior Grade 113-E in the Division of Parks and Recreation and appropriating funds pursuant to Budget Schedule number 145. Pardon me. That concludes the ordinances entitled to their first reading. Are there any motions? I see Council Member Blues. Thank you, Mayor, because we need to move number 12 forward and get this get this repair done, I move to suspend the rules and and do a second reading on it. Mayor, there's a budget schedule with that. You can't suspend the rules on that one, sir. I shall not complete my motion. That's quite all right. We'll take it up next time. There's nothing further. We'll proceed to resolutions entitled to second reading. Madam Clerk. Resolution number one, a resolution accepting the bid of Andy Frayn of Kentucky Incorporated establishing a price contract for parking garage security. Number two, a resolution accepting the bid of Lexington Manufacturing Center doing business as opportunity workshop of Lexington Incorporated establishing a price contract for custodial services for Safety City. Number three, a resolution accepting the bid of Leak Eliminators LLC in the amount of $97,425 for the old Paris Road sanitary sewer and pump station for the Division of Community Development. Number four, a resolution accepting the bid of Delman Systems Incorporated establishing a price contract for security cameras and equipment. Number five, a resolution accepting the bids of Bowman Paper Company, XPEDEX, Salford and Haleyard, Kentucky establishing price contracts for janitorial supplies. Number six, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a certificate of consideration and accepted the conveying a permanent storm sewer easement and temporary construction easement from Brock Book Properties, LLC for a property located at 226 Westwood Court for the Elizabeth Street Drainage Improvements Project and authorizing payment in the amount of $8,500 plus usual and appropriate closing costs. Number seven, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a site access agreement with ATC Associates Incorporated and Verizon South Incorporated for access to Shilpatoke Park for a limited subsurface investigation at no cost to the Urban County Government. Number eight, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an engineering services agreement with Strand Associates Incorporated for laboratory services for the Division of Water and Air Quality at a cost not to exceed $42,500. Number nine, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a professional services agreement with Jessica Collins 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 ten, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute change order number two to the contract with Randall Davies Construction Company for construction of Brighton East Rail Trail Phase 1, decreasing the contract price by the sum of $12,484.10 from $508,803.98 to $496,319.88. Number eleven, a resolution changing the street name and property address numbers of 316 Bainbridge Drive to 305 Lindenhurst Drive of 2171 Hume Road to 2116 Amy Lane, 2509 Mercer Road to 110 Ferndale Pass, 5590 and 5432 Mount Horb Pike to 3009 and 3030 Warner Road of 2399 Parrish Pike to 400 Kingston Road of 1000 Providence Lane to 131 East Overdrive of 208 Spring Valley Lane to 130 Ferndale Pass of 4909, 4907 and 4905 Tate's Creek Road to 904, 907 and 910 Scobie Fields Drive of 312, 314, 316, 318, 320, 322, 324, 326, 328, 330, 332, 334, 336, 338, 340, 342, 344, 394, 346, 392, 348, 390, 350, 388, 352, 386, 354, 384, 356, 382, 358, 380, 360, 378, 362, 376, 364, 366, 368, 370, 372 and 374 Lindenhurst Drive to 2501, 2503, 2505, 2507, 2509, 2511, 2513, 2515, 2516, 2517, 2519, 2520, 2522, 2524, 2526, 2528, 2530, 2532, 2533, 2534, 2535, 2536, 2537, 2538, 2539, 2540, 2541, 2542, 2543, 2544, 2545, 2546, 2547, 2548, 2549, 2550, 2551, 2552, 2554, 2556, 2558, 2560, and 2562 Lindenhurst Loop. And 3252, 3254, 3256, 3264, 3266, 3268, 3270, 3272, 3274, 3278, 3280, 3282, 3284, 3288, 3290, 3292, 3294, 3296, and 3298 Veranda Place to 3275, 3277, 3279, 3301, 3303, 3305, 3307, 3309, 3311, 3313, 3315, 3317, 3319, 3321, 3323, 3325, 3327, 3329, and 3330. 3331 Beaumont Center Circle. Changing the property address numbers of 3304 Lindenhurst Drive to 320 Lindenhurst Drive of 152 Colfax Street to 150 Colfax Street of 909 Georgetown Street to 907 Georgetown Street of 3989 Huffman Mill Pike to 4001 Huffman Mill Pike of 900 Ironworks Pike to 884 Ironworks Pike of 2585 Nicholasville Road to 2587 Nicholasville Road. 254 Southland Drive to 256 Southland Drive of 1321 Trent Boulevard to 1393 Trent Boulevard of 3280, 3282, 3284, 3286, 3288, 3290, 3292, 3294, 3296, 3298, and 3001. Beaumont Center Circle to 3300, 3304, 3308, 3312, 3216, 3320, 3324, 3328, 3332, 3336, and 3401 Beaumont Center Circle. And of 431, 433, 435, 437, 439, and 441 Patchen Drive to 443, 445, 447, 449, 451, and 453 Patchen Drive. Changing the street name of Mercer Road from its intersection with Citation Boulevard dedicated right of way to its terminus west of its intersection with Doreenia Lane to Ferndale Pass. And of 337 Bainbridge Drive to 337 Lindenhurst Drive, all effective 30 days from the date of passage. Number 12. A resolution ratifying the Probationary Civil Service Appointments of Angela Collins, Telecommunicator, Grade 111N, 13.978 hourly in the Division of Enhanced 9-1-1, effective February 18, 2008. Charles Bagley, Solids Processing Supervisor, Grade 115E-10983-66, biweekly in the Division of Water and Air Quality, effective February 4, 2008. Kimberly Bryan, Accountant Senior, Grade 116E-2030-248, biweekly in the Division of Accounting, effective February 4, 2008. Ratifying the Permanent Civil Service Appointments of Denise Washington, Administrative Specialist, Grade 110N in the Division of Police, effective January 23, 2008. Approving leave of absence for Arnold Sidney, Custodial Worker, Grade 102N in the Division of Building Maintenance and Construction. Request a 34-day Council-approved leave without pay from February 27, 2008 to March 31, 2008. Approving the Unclassified Civil Service Appointment of Morris Ingalls, Van Driver, Grade 104N, 12.326 hourly in the Department of Social Services, effective January 29, 2008. Number 13, a Resolution amending Resolution Number 710-2007, which authorized and directed the Mayor, on behalf of the Urban County Government, to execute a Certificate of Consideration and Accept a Deed for Conveying a Temporary Construction Easement from the Shetland Homeowners Association, Incorporated, to change the account from which payment is to be made. Number 14, a Resolution authorizing and directing the Mayor, on behalf of the Urban County Government, to execute a Memorandum of Understanding with U.S. Marshals Service for Locating and Reapprehending Fugitives at No Cost to the Urban County Government. Number 15, a Resolution authorizing and directing the Mayor, on behalf of the Urban County Government, to execute an Additional Software License Agreement with New World Systems Corporation for expansion of a Mobile Data Computer Network in the Division of Police at a cost not to exceed $12,810. Number 16, a Resolution authorizing and directing the Mayor, on behalf of the Urban County Government, to accept a donation from Eric Dyskin of a bullet-resistant dog vest for use at the Division of Police K-9 Unit at no cost to the Urban County Government. Number 17, a Resolution authorizing and directing the Mayor, on behalf of the Urban County Government, to execute a Rule in Interceding Adopt-a-Spot Program Agreements with Christ United Methodist Church, BSA. Number 220, 130412, Aldersgate Methodist Church, BSA. Number 59, 156720, Emanuel Baptist Church, BSA. Number 41, 123168, Rosemont Baptist Church, BSA. Number 98, 115740, Beaumont Presbyterian, BSA. Number 279, 103828, Greater Faith Apostolic Church, BSA. Number 238, 110360, Young Life, 126540, Bluegrass Chapter, Order of Dimole, 133232, Christian Youth Fellowship, 1094251, Phillips Memorial Church, 219156, Tate's Creek High School, La Crosse Club, 52298, Brown and Brown Church, BSA. Number 79, Brown Associates, $772, Boy Scout Troop Number 103, 29885, Boy Scout Troop Number 13, 1999232, Boy Scout Troop Number 186, 27395, Boy Scout Troop Number 382, 44827, Boy Scout Troop Number 24663612, and Tate's Creek Presbyterian Church, BS Troop Number 22692144, for services at a cost not to exceed $20,000. Number 18, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an agreement with Ellsworth Place Association, Incorporated, $5,000 for the office of the Urban County Council at a cost not to exceed the sum stated. And number 19, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an agreement with Dogwood Trace Neighborhood Association, Incorporated, $670 for the office of the Urban County Council at a cost not to exceed the sum stated. Thank you very much. The floor is open for a motion to approve. Second. I think I heard a motion from Council Member Stennett and a second by Council Member Gordon to approve the items, the resolutions which have received their second reading. Any discussion? Seeing none, we'll proceed to vote. Those in favor, please vote aye electronically. Those opposed, vote nay electronically. Madam Clerk, please call the roll. Mr. McCord? Yes. Mr. Myers? Yes. Mr. Stennett? Mr. Beard? Aye. Mr. Blues? Yes. Ms. Crosby? Yes. Mr. Ellinger? Yes. Ms. Gorton? Aye. Mr. Gray? Yes. Thank you. Ms. Henson? Yes. And Mr. Lane? Yes. Thank you. Thank you very much. Those resolutions are approved. We're now down to the resolutions entitled to first reading. Madam Clerk. Resolution number 20. A resolution accepting the bids of Rexel Electrical and Datacom, West Light Supply Company, Incorporated, Graybar Electric Company, Incorporated, Competitive Edge, Wesco Distribution, Sunshine Lighting, and W.W. Granger, Incorporated, establishing price contracts for bulbs and ballasts. Number 20. A resolution accepting the bids of Rio Grande Fence, Myers Fence, LLC, and George B. Stone Company, LLC, establishing price contracts for the LFUCG Guide Rail Project. 22. A resolution accepting the bid of City Electric Motor Company, establishing a price contract for pump station parts for Wolf Run. Number 23. A resolution accepting the bid of Continental Web Press in the amount of $16,959 for printing of Fun Guide for 2008. 24. A resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a certificate of consideration and accept a deed conveying a permanent storm sewer easement and temporary construction easement from S. Patrick Terry for property located at 2222 Floral Park for the Elizabeth Street Drainage Improvements Project and authorizing payment in the amount of $5,425 plus usual and appropriate closing costs. 25. A resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a certificate of consideration and to accept a deed for the property located at 309 Dantzler Court from Paul and Fern Walter for the Elizabeth Street Drainage Improvements Project and authorizing payment in the amount of $156,700 plus usual and appropriate closing costs. 26. A resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a certificate of consideration and accept a deed conveying a temporary construction easement from Joe and Lori Adams for property located at 227 Floral Park for the Elizabeth Street Drainage Improvements Project and authorizing payment in the amount of $400 plus usual and appropriate closing costs. 27. A resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a professional services agreement with the University of Kentucky University Health Services for assessment of temporary and permanent close proximity parking applications at a cost not to exceed $1,500. 28. A resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an amendment to the sub-lease and the management agreement with LexArts Incorporated to correct the annual amount to be paid to LexArts Incorporated for management of the Downtown Arts Center. Number 29. A resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an amended site-specific agreement with the Jesmond South Elkhorn Water District and Ashtree Properties LLC to provide sanitary sewer service to the Ashtree Subdivision Unit 2 in Jesmond County 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 change order number two to the contract with BCD Incorporated for Gainesway Community Building, increasing the contract price by the sum of $36,516.78 from $790,937.68 to $827,454.46. Number 31. A resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a concession agreement with Fayette County Cooperative Extension District Board for use of a specific space of 14,600 square feet within the Lexington Lions Club Fairgrounds facility at Masterson Station Park at no cost to the government. 32. A resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a concession agreement with Lexington Lions Club Incorporated for use of the Lions Club Fairgrounds area at Masterson Station Park at no cost to the government. 33. A resolution authorizing and directing the Division of Water and Air Quality to purchase replacement parts from Delaney and Associates Incorporated, a sole source provider for Town Branch Wastewater Treatment Plant, dewatering pumps at a cost not to exceed $63,508. 34. A resolution authorizing and directing the Division of Traffic Engineering Pursuant to Code of Ordinances Section 18-46 to designate Breckenridge Street as being prohibited to through trucks, authorizing and directing the Division of Traffic Engineering to install proper and appropriate signs in accordance with the designation. Number 35. A resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an agreement with the Port Royal Neighbor Association Incorporated, $7,000, and Lexington Opera Society Incorporated, $1,200, for the office of the Urban County Council at a cost not to exceed the sums stated. Number 36. A resolution ratifying the permanent civil service appointment of Joel Ragland, public service worker, senior, grade 107N, the Division of Streets, Roads, and Forestry, effective February 6, 2008, ratifying the probationary sworn appointments of Ronald Spurlock, police sergeant, grade 315N, 26.388 hourly, and the Division of Police, effective January 7, 2008, Joseph Blakely, police lieutenant, grade 317E, 2007-52, 46 biweekly, and the Division of Police, effective January 7, 2008, ratifying the probationary division of community development, community corrections appointments of Danny Jett, Ricky Lusk, Ralph Duren, Todd Young, Daryl Maggard, Gregory Heisel, Howard Henshaw, Matthew Crawford, Wendy Ambergris, LaVotis, Artrip, Necklace Jenkins, Nicola Kirby, Sean Norman, Michael Weller, Robin Goldie, William Green, Jason Durham, Taj Bryson, Tanya Verchild, Randolph Parker, Diane Shock, Jason Crawford, Michael Rode, Melody Shropshire, community corrections officer, grade 110N, 13.390 hourly, and the Division of Community Corrections, effective March 3, 2008, ratifying the permanent division of community corrections appointments of Anita Aubrey, Emily Baum, Charles Burton, James Cosgrove, Rhonda Fogel, Ken Juan Jones, William Marshall, James Parker, Joseph Speaks, Lucas Valdez, community corrections officer, grade 110N, and the Division of Community Corrections, effective February 20, 2008, approving leave of absence for Franklin Martin, skilled trades worker, senior grade 112N, and the Division of Building Mates and Construction, request a 45-day council-approved leave without pay from February 1, 2008, to March 16, 2008, approve the unclassified civil service appointment of Wanda Seiler, administrative officer, grade 118E, 2002-83-92 bi-weekly, and the Division of Waste Management, effective January 18, 2008. Number 37, a resolution authorizing and directing the mayor, on behalf of the Urban County Government, to execute and submit a four-grant application to the Kentucky Transportation Cabinet, and to provide any additional information requested in connection with these grant applications, which grant funds are in the amount of $1,646,400 federal funds from the Transportation Enhancement Program, and are for the Brighton Rail Trail Bridge, $402,400, the Share the Road Campaign, $64,000, and the Tate's Creek Road Sidewalk and Transit Improvements Project, $780,000, and the third phase of the Pope Villa Restoration, $400,000. Number 38, a resolution authorizing and directing the mayor, on behalf of the Urban County Government, to execute and submit a grant application to the Environmental Protection Agency, 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, and are for the Community Action for a Renewed Environment Care Program Project. Number 39, a resolution authorizing and directing the mayor, on behalf of the Urban County Government, to execute and submit a grant application to the Kentucky Infrastructure Authority, and to provide any additional information requested in connection with this application, and the amount of $80,764,000 for low-interest loans to facilitate nine sanitary sewer projects and upgrades. Number 40, a resolution authorizing and directing the mayor, on behalf of the Urban County Government, to execute an independent contractor agreement with IO Solutions Incorporated for testing of applicants applying for community corrections officer positions at a cost not to exceed $15,000. Number 41, a resolution authorizing and directing the mayor, on behalf of the Urban County Government, to execute a purchase and security agreement with Standard & Associates Incorporated for the police officer selection test for LFUCG police recruit applicants at a cost not to exceed $7,000. Number 42, a resolution authorizing and directing the mayor, on behalf of the Urban County Government, to execute a software license agreement with Audiotel Corporation at a cost not to exceed $16,147. Number 43, a resolution authorizing and directing the mayor, on behalf of the Urban County Government, to execute an agreement with the University of Kentucky for Space and the University of Kentucky Hospital Emergency Room for use as a clinical practice area for the sexual assault treatment program at a cost not to exceed $3,000. Number 44, a resolution authorizing and directing the mayor, on behalf of the Urban County Government, to execute a merchant card acceptance agreement with American Express. Number 45, a resolution authorizing and directing the mayor, on behalf of the Urban County Government, to execute an agreement with LexLink Incorporated, $1,400, for the office of the Urban County Council at a cost not to exceed the sums dated. Number 46, a resolution authorizing and directing the mayor, on behalf of the Urban County Government, to execute a contract with Kinzelman Klein Grossman LLC for a non-residential infill redevelopment study at a cost not to exceed $120,000. Number 47, a resolution authorizing and directing the mayor, on behalf of the Urban County Government, to execute change order number one to the contract with the Walker Company of Kentucky Incorporated for services related to the phase three closure of the Haley Pike landfill, increasing the contract price by the sum of $41,342.78 from $3,968,000 to $4,009,342.78, and extending the time for performance by 193 days. Number 48, a resolution authorizing and directing the mayor, on behalf of the Urban County Government, to execute change order number one to the contract with Sensible Design and Construction for the North Bay Steel Stairway, increasing the contract price by the sum of $30,250 from $36,760 to $40,010. Number 49, a resolution authorizing and directing the mayor, on behalf of the Urban County Government, to execute change order number one to the contract with BCD Incorporated for Gainesway Community Building, increasing the contract price by the sum of $14,237.68 from $776,700 to $790,937. Number 50, a resolution authorizing and directing the mayor, on behalf of the Urban County Government, to execute change order number two to the contract with HDR Quest Engineers Incorporated for Engineering Services for Liberty Road, Tod's Road Improvement Project Section One, increasing the contract price by the sum of $50,773 from $895,897 to $946,670. Number 51, a resolution authorizing and directing the mayor, on behalf of the Urban County Government, to accept a donation from Critter Sitters of Lexington Incorporated for the Love of Dogs Bakery Dogtown LLC and What's the Scoop LLC of One Canine Stab Level Two Bullet Resistant Dog Vest for the use by the Division of Police's K-9 Unit at no cost to the Urban County Government. Number 52, a resolution rescinding number, resolution number 110-2007, relating to permanent sanitary sewer and temporary construction easements from property located at 1980 Edgeworth Drive and authorizing and directing the mayor, on behalf of the Urban County Government, to execute a certificate of consideration and accept a deed conveying permanent sanitary sewer and temporary construction easements from Jeffco LLC for the property located at 184 Lakeland Avenue for the North Elkhorn Force Main Project and authorizing payment in the amount of $25,600 plus usual and appropriate closing costs. Number 53, a resolution supporting legislation pertaining to the exemption of military income from state income taxes proposed on House Bills 43 and 163. Number 54, a resolution opposing House Bill number 447, pertaining to the prohibition of local governments requiring that affordable housing be provided as part of residential developments. And number 55, a resolution authorizing and directing the mayor, on behalf of the Urban County Government, to execute an application for Vision Care Benefits with IMED Vision Care for the group Vision Care Insurance Covering LFVCD active employees for the period beginning January 1, 2007, through December 31, 2007, at no cost to the government. And number 56, a resolution authorizing and directing the mayor, on behalf of the Urban County Government, to execute an application for Vision Care Benefits with IMED Vision Care for the group Vision Care Insurance Covering LFVCD active employees for the period beginning January 1, 2008, through December 31, 2008, at no cost to the government. Thank you very much. That concludes the reading of the resolutions entitled to their first reading. Are there any motions? Council Member Myers. Thank you, Mayor. I'd like to spin the rules and give second reading to 30, 37, 39, 40, 41, 43, 49, and 53. Let me, let me confirm that I got them here. If I understand the motion correctly, it is to give second reading to items 30, 37, 39, 40, 41, 43, 49, and 53. Is that correct? That's correct. Is there a second? I have a second by Council Member Beard. Before we go any further, are there any other similar motions? Council Member Gordon. Yes, Mayor. Number 54, we need to send to the legislature before Tuesday. So I move to suspend the rules and give it second reading. Thank you. We'll add that to the list. Council Member Hinson. I'd like to add number 35, please. Thank you. Council Member Crosby. I'd like to add number 51, please. Thank you. Council Member Wayne. I thank you, Mayor. Suspend the rules on 29 and 39, please. Okay, we have 39, so we'll add 29. Any others? All right. My list shows that we're voting to suspend the rules to give second reading to resolutions 29, 30, 35, 37, 39, 40, 41, 43, 49, 51, 53, and 54. Were there any that I missed? All right. Those in favor of suspending the rules to give second reading to those resolutions, let it be known by saying aye. Opposed, no. Motion carries unanimously. Madam Clerk. Resolution number 29. A resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a minute and site-specific agreement with the Jessamine South Elkhorn Water District and Ashtray Properties LLC to provide sanitary sewer service to the Ashtray Subdivision Unit 2 in Jessamine County 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 change order number two to the contract with BCD Incorporated for Gainesway Community Building, increasing the contract price by the sum of $36,516.78 from $790,937.68 to $827,454.46. Number 35, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an agreement with Port Royal Neighborhood Association, Incorporated, $7,000.00, and Lexington Opera Society, Incorporated, $1,200.00 for the office of the Urban County Council at a cost not to exceed the sum stated. Number 37, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute and submit four grant applications to the Kentucky Transportation Cabinet and to provide any additional information requested in connection with these grant applications, which grant funds are in the amount of $1,646,400 federal funds from the Transportation Enhancement Program and are for the Brighton Rail Trail Bridge, $402,400.00, the share of the road campaign, $64,000.00, the Tate's Creek Road sidewalk and transit improvements project, and $1,000.00. Number 39, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute and submit a grant application to the Kentucky Infrastructure Authority and to provide any additional information requested in connection with this grant application, and the amount of $80,764,000.00 for low interest loans to facilitate nine sanitary sewer projects upgrades. Number 40, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an independent contractor agreement with IO Solutions Incorporated for testing of applicants applying for community corrections officers positions at a cost not to exceed $15,000.00. Number 41, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a purchase and security agreement with Standard and Associates Incorporated for the police officer selection test for LFUCG police recruit applicants at a cost not to exceed $7,000.00. Number 43, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an agreement with the University of Kentucky for space in the University of Kentucky hospital emergency room for use as a clinical practice area for the sexual assault treatment program at a cost not to exceed $3,000.00. Number 49, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute change order number one to the contract with BCD Incorporated for Gainesway Community Building increase in the contract price by the sum of $14,237.68 from $776,700.00 to $790,937.00. Number 51, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to accept a donation from Critter Sitters of Lexington Incorporated for the Love of Dogs Bakery Dogtown LLC and What's the Scoop LLC of one canine stab level two bullet resistant dog vest for the use by the Division of Police's canine unit at no cost to the Urban County Government. Number 53, a resolution of supporting legislation pertaining to the exemption of military income from state income taxes proposed on House Bills 43 and 163 and number 44, excuse me, 54, sorry, a resolution opposing House Bill 447 pertaining to the probation of local governments requiring that affordable housing be provided as part of residential developments. Thank you very much. You've heard the resolutions that have received their second reading. Is there a motion to approve? I have a motion from Council Member Lane, a second by Council Member Crosby. Any discussion? Seeing none, we'll proceed to vote. Those in favor, please indicate by voting aye electronically. Those opposed vote nay. Madam Clerk, please call the roll. Mr. McCord? Yes. Mr. Myers? Yes. Mr. Stennett? Mr. Beard? Aye. Mr. Blues? No on 53. Yes on the rest. Ms. Crosby? Yes. Mr. Ellinger? He stepped away. Okay. I didn't know. Go ahead. Ms. Gorton? Madam Clerk, I would like the minutes to reflect that on number 53, I am disqualifying because two family members are in the military. And I vote yes on everything else. I will denote that. We'll go ahead and record it as a nay, but we will make sure that's corrected in the minutes. Thank you. Mr. Gray? Yes on all except 53. I abstain on 53. Thank you. And I will denote that in the minutes as well. Ms. Henson? Yes. And Mr. Lane? Yes. Thank you. Okay. The question is the number 53, whether it is approved or not because of the numbers. If Mr. Ellinger comes in, maybe you could. If Mr. Ellinger would like to register his vote on number 53, that would – would you like to vote? Yes. Thank you. With that vote, I believe all items are approved, correct? Yes. Very well. Thank you very much. That brings us down to item eight, communications from the mayor. You have those in front of you. A motion to approve would be in order. I have a motion by Council Member Lane. Is there a second? Second. Second by Council Member Beard. Mayor, I think I need to recuse myself on number five from the communication from the mayor to my mother. All right. Farewell. I think we have a motion and a second to approve the communications from the mayor. Any discussion other than the note from Council Member Ellinger? Seeing none, we'll proceed. All those in favor of approving those communications, please indicate by saying aye. Aye. Opposed, no. Motion carries. There are several communications from the mayor for information purposes only. I'll leave those to your consideration. We have conducted the public meeting under item number 10. That brings us down now to item 11, announcements. Does any member of the Council have announcements? Seeing none, we'll move ahead to public comment. I have two individuals who indicated a desire to speak this evening. The first is Mr. McCarthy. If you'll step to the podium, you'll have three minutes. For the record, my name is Bernard McCarthy. My address is 515 Harry Street. I just would like to point out that no matter how much you put into building trails and greenways, you've still got to build the street capacity because even if the trails and greenways get more people to walk or pedal on warm, sunny days, weather like tonight, pretty much of the population is going to drive most of the places they need to go. I mean, I walked here from my house, but I drove from home to work, worked at Walmart and Walmart back to home earlier. Let's face it, pedaling on ice is suicidal. So we need the street system designed on the assumption that when the weather is really crummy, most people will still need to drive. Also, much as you might wish to get people to ride LexTran instead of driving places, I need to remind everyone LexTran won't haul my firewood home from wherever it fell and Greyhound won't tow my camping trailer from here down to Miami for me in about nine more days. And that one trip a year actually is more miles than I would rack up if I drove to and from my office every day of the year. Thank you very much, Mr. McCarthy. And Mr. Lawrence, Ike Lawrence, if you'd step to the podium, you'll have three minutes. I have your address as 221 Clinton Road. Ike Lawrence, 221 Clinton Road. Mr. Mayor, could I get an extra three minutes maybe from Mr. Brewer back there if I have something prepared? So if I could have six minutes, maybe anything else left over for Mr. McCarthy. I'm here to talk to you about the sanitary sewer fees. I know we've already voted, but I thought I'd go ahead and give you a little update and fill in some blanks, those that you all would like to know a little bit more about what you voted on. Mr. Mayor, members of council, my name is Ike Lawrence. I am a longtime ten-year council and mayoral appointee to the Town and Gown Commission. I'm past president of one of the largest and most historic neighborhood associations and also founder and president of another association here in Lexington. I'm here to represent any students, landlords, business owners, nonprofit leaders, and any citizens who feel disenfranchised or unable to speak by the circumstances associated with this huge bill that all of us are about to receive. Needless to say, I have looked at a number of other water bills of three- and four- and five-person families to say it appears your projections are low on the cost of sewer and the cost of usage. Needless to say, this is an understatement. Let me start off by saying that I am not here to object to any of the recommendations or timelines to fix the infrastructure of the sanitary sewer system laid out in the settlement agreement. To that end, there is little disagreement between myself and any other representatives here tonight. Secondly, I want to thank all of you for the two-week extension to allow for public input once the settlement terms of the EPA lawsuit are known. The next 30 days are also welcome as citizens and business leaders can vet out publicly to tweak the settlement agreement. For the past six weeks, we've had to listen to our council and mayor tell the citizens of this community how much we have to open up our wallets once again for the umpteenth time, but due to the legal circumstances, we couldn't even ask many questions or even talk about it with our elected representatives in an ironic catch-22 of democracy. Now that you've had your historic day on Tuesday, we would like to have our historic day today and speak to our government these next 30 days beginning tonight. Four weeks ago, I asked you if you were issuing $95 million worth of bonds in addition to raising sanitary fees 100% over the next two years. None of you got back with me, yet the public was still being led to believe by the Herald-Leader articles that this project was being paid for on a cash-on-cash basis, that all of the $130 million worth of improvements were going to be paid out of pocket with 100% of the increase in our fees the next two years. But finally, two days ago, Mr. Blevins was able to let the cat out of the bag. He walked on an amendment at work session to add $80 million worth of low-interest bonds to add to the deal, and sadly it wasn't picked up by the newspaper, leading all of us to believe we were still paying as we go. Issuing bonds for everything. Issuing bonds changes everything. For one, you now only need 50 to 55 million of new revenue, not 130 million of our money. Secondly, when the department head spoke Tuesday, they indicated they needed only 36 million now, whereas the remainder of the approximate 100 million was needed by them over the next four to 13 years to fix longer-term problems so they could spread out the cost. I don't have a problem issuing the low-interest bonds, as long as we get immediate cash infusion to begin fixing the myriad of problems now. But the bond amount should be subtracted from the total amount you need to raise our fees. Either way, we get to raising 130 to 135 million to give to this department. I just think we need to get the full picture. It's in the best policy of everyone to get on board. I might also add that raising our fees over a four-year period instead of a two-year period is something that maybe you all should consider. And I propose a 30 percent, 18 percent, 15 percent, and 13 percent alternative to the 48 and 35 percent increase that has been approved. If you pay the water bill at UK or a church or a manufacturing plant or a hospital or even a college apartment, you would appreciate the least steepest cost increase to adjust your business model or your budget. I also do not feel any of the increases should be tied to the Consumer Price Index or the CPI, as this automatic increase subverts the involvement of counsel and the pocketbook of the taxpayer. As the system gets fixed the next 10 years, we will become more efficient in the cost of labor and parts. The last thing we want to do is to give you another $30 or $40 million of our money due to inflation. If any more money is needed, that department can come back to counsel to ask for more. Mr. Lawrence, you have about 30 seconds. Thank you, sir. On the flip side, a lot of us are wondering what happened to all the money we gave you in the past 10 years. You do want an analysis of the sewer system, but not an analysis of yourself. It appears we have given you $23 million a year in fees the past 10 years and a bond of nearly $50 to $75 million about five to seven years ago. What happened to all that money, and what did it go to fix? Finally, the lack of a sunset or rollback provision is particularly upsetting. As you are saying to our children and grandchildren, there is no end in sight, even after the bonds are paid off. When the bonds are paid off, you need a rollback to no fees at all once you have a Cadillac of a system in place. Mr. Lawrence, your time has expired. Okay. Thank you for your time. I'll try to wrap it up. And finally, I just wanted to say I'm in full support of Commissioner Taylor and Charlie Martin. Let's get to work. Thank you. Thank you very much, Mr. Lawrence. Does anyone wish to address the council further? Seeing none, a motion to adjourn would be in order. I have a motion by Council Member Blues, a second by Council Member Myers. Those in favor of adjourning, please say aye. Opposed, no. Motion carries. Have a good evening. Good evening. Good evening. Good evening. Hope you like jamming too. Jamming too. We're jamming. We're jamming. One, two, three, four. One, two, three, four. I know I'm I know I'm I know I'm I know I'm Bridget Marcia Marla Marla You look like Jenny to me Jenny to me Bridget Bridget Marcia Marla Marla Bridget Bridget Bridget Marla Marla Bridget Bridget Marla Marla Bridget Bridget Bridget Bridget Bridget Bridget Bridget Bridget Bridget Bridget Bridget Bridget Bridget Bridget Bridget Bridget Bridget Bridget Bridget Bridget Bridget Bridget Bridget Bridget Bridget Bridget Bridget Bridget Bridget Bridget Bridget Bridget Bridget Bridget Bridget Bridget Bridget Bridget Bridget Bridget Bridget Bridget Bridget Bridget Bridget Bridget Bridget Bridget Bridget Bridget Bridget Bridget Bridget Bridget Bridget Bridget Bridget Bridget