Mr. Myers? Here. Dr. Stephens? Absent. Mr. Stennett? Present. Mr. Beard? Present. Mr. Blevins? Here. Mr. Blues? Here. Ms. Crosby? Here. Mr. DeCamp? Here. Mr. Ellinger? Here. Ms. Gorton? Here. Mr. Gray? Here. Ms. Henson? Here. Ms. James? Here. Mr. Lane? Here. And Mr. McCord? Here. Thank you. Thank you. We have a quorum present. It's my pleasure to introduce Dr. John Withers with the Lexington Leadership Foundation who will provide our invocation this evening. Let us pray. Dear Heavenly Father, we're grateful for the kind of government that our forefathers established by which we are represented by fine people like these. And I want to especially thank you tonight for the sacrifice they make at relatively in fact very low pay because they're public servants and they serve us well. So Lord, I don't know to what degree they get a lot of grief, but I'd ask you to affirm them tonight in their roles and to let them know that they're appreciated if by none other at least by you. Thank you for their hearts to serve. I pray you give them wisdom from above, the guidance of your Holy Spirit. And I pray Lord that you'd always remind them to keep in mind the impact of their decisions upon those who have a little voice, the broken, the vulnerable, and the poor. So bless them tonight and every time they meet with your guidance and your blessing. Meet their personal needs and their family needs. We pray in Jesus' name. Amen. Thank you. Thank you very much, John. We have previously received copies of the minutes for three prior meetings. Is there a motion? Move approval. I have a motion from Councilmember Gorton and a second from Councilmember Myers to approve those three sets of minutes. Any discussion? Seeing none, those in favor, please vote aye. Aye. Opposed, no. Motion carries. Brings us now down to the ordinances entitled to second reading. Madam Clerk. Ordinance number one, an ordinance changing the zone from a 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 two, 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 three, 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 four, an ordinance amending Section 21-5 of the Code of Ordinances abolishing one position of Staff Assistant Senior Grade 108-N and creating one position of Administrative Specialist Grade 110-N in the Division of Community Corrections and appropriating funds pursuant to Budget Schedule Number 140. Number five, 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 six, an ordinance amending Section 22-5 of the Code of Ordinances creating two temporary positions of Staff Assistant Senior Grade 108-N 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 seven, 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 eight, an ordinance amending certain of the Budgets of the Lexington Urban County Government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds Schedule Number 139. Number nine, 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 ten, an ordinance amending Ordinance Number 267-2007 to correct clerical errors by renumbering a duplicated Section 9 and that sections that follow as Section 10-17 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 11, an ordinance amending Section 21-5 of the Code of Ordinances abolishing one position of Administrative Specialist Senior Grade 112 in and creating one position of Administrative Specialist Principal Grade 114E and reclassifying 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 12, an ordinance amending Section 21-5 of the Code of Ordinances abolishing one position of Recreation Supervisor Grade 110E and creating one position of Recreation Specialist Senior Grade 113E in the Division of Parks and Recreation and appropriating funds pursuant to Budget Schedule Number 145. You've heard the ordinances that have received their second reading. Is there a motion? I have a motion from Councilmember Lane to approve the ordinances that have received their second reading and I had a second I think from Councilmember Stennett. Any discussion? And those in favor of approving those ordinances please indicate by voting aye electronically. Those opposed vote nay electronically. Madam Clerk, call the roll. Mr. Myers? Yes. Mr. Stennett? Yes. Mr. Beard? Aye. Mr. Blevins? Aye. Mr. Blues? Yes. Ms. Crosby? Yes. Mr. DeCamp? Yes. Mr. Ellinger? Yes. Ms. Gorton? Aye. Mr. Gray? Yes. Ms. Henson? Yes. Ms. James? Yes. Mr. Lane? Yes. And Mr. McCord? Yes. Thank you very much. Those ordinances are approved. Madam Clerk, if you'll give first reading to those ordinances which are listed in items 13-16. Ordinance number 13, an ordinance changing the zone from a highway service business B3 zone to a professional office P1 zone for 3.12 net, 3.70 gross acres from a professional office P1 zone to a highway service business B3 zone for 7.47 net, 12.38 gross acres of property located at 3194 Beaumont Center Circle, a portion of and 3100, 3101 10 Wall Street subject to certain use restrictions imposed as conditions of granting the zone change Beaumont Investments, LLC. Number 14, an ordinance of the Lexington Fayette Urban County Council authorizing the issuance of Lexington Fayette Urban County Government adjustable rate industrial building revenue bond series 2008 Roman Catholic diocese of Lexington project in the aggregate principal amount not to exceed $5 million. The bonds be approving and authorizing the execution and delivery of, one, a trust indenture between the Lexington Fayette Urban County Government, the issuer, and the Bank of New York Trust Company, NAS, trustee securing the bonds. Two, a loan agreement between the issuer and Roman Catholic Diocese of Lexington, the diocese. Three, a bondage purchase agreement among the issuer, the diocese, and the Fifth Third Securities Incorporated. Four, a tax compliance agreement between the issuer and the diocese. Five, a preliminary offering circular and relating to the issuance and sale of the bonds. And six, any and all other related documents. And C, authorizing taking of action related, other related action. Number 15, an ordinance authorizing and directing the mayor on behalf of the Urban County Government to execute an engineering services agreement with Camp Dresser and McKee Incorporated for sewer system capacity assessment work, hydraulic modeling, and related matters at a cost not to exceed $2,827,319, and appropriating funds pursuant to Schedule No. 148. And No. 16, an ordinance submitting to 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. 147. That completes the ordinances entitled to first reading. If there are no motions, Madam Clerk, if you go on to the resolutions entitled to second reading. Resolution No. 1, 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 WW Granger, Incorporated, establishing price contracts for bulbs and ballasts. No. 2, 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. No. 3, a resolution accepting the bid of City Electric Motor Company, establishing a price contract for pump station parts for Wolf Run. No. 4, a resolution accepting the bid of Continental Web Press and the amount of $16,959 for printing a fund guide for 2008. No. 5, 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 222 Floral Park for the Elizabeth Street Drainage Improvements Project and authorizing payment in the amount of $5,425 plus usual and appropriate closing costs. No. 6, 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. No. 7, 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. No. 8, 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. No. 9, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an amendment to sublease and management agreement with LexArts Incorporated to correct the annual amount to be paid to LexArts Incorporated for management of the Downtown Arts Center No. 10, 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. No. 11, 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. No. 12, a resolution authorizing the Division of Water and Air Quality to purchase replacement parts from Delaney & Associates Incorporated, a sole source provider for Town Branch Wastewater Treatment Plant dewatering pumps at a cost not to exceed $63,508. No. 13, 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. No. 14, a resolution ratifying the permanent civil service appointment of Joel Ragland, Public Service Worker Senior, Grade 107N, in 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 in the Division of Police effective January 7, 2008, Joseph Blakely, Police Sergeant, Grade 317E, 2007, 52, 46 biweekly in the Division of Police effective January 7, 2008, ratifying the probationary division of community correction appointments of Danny Jett, Ricky Lusk, Ralph Duren, Todd Young, Daryl Maggard, Gregory Heisel, Howard Hanshaw, Matthew Crawford, Wendy Ambergris, Livotis Artrip, Nicholas Jenkins, Nicole Kirby, Sean Norman, Michael Weller, Robin Goley, William Green, Jason Durham, Taj Bryson, Tanya Fairchild, Randolph Parker, Diane Shaw, Jason Crawford, Michael Rowe, Melody Shropshire, Community Corrections Officer, Grade 110N, 13.390 hourly in the Division of Community Corrections effective March 3, 2008, ratifying the permanent division of community correction appointments of Anita Aubrey, Emily Baum, Charles Burton, James Cosgrove, Rhonda Fogel, Kenwin Jones, William Marshall, James Parker, Joseph Speaks, Lucas Valdez, Community Corrections Officer, Grade 110N in the Division of Community Corrections effective February 20, 2008, approving leave of absence for Franklin Martin, skilled trades worker senior, Grade 112N in the Division of Building Maintenance and Construction, requests a 45-day council approved leave without pay from February 1, 2008 to March 16, 2008, approving the unclassified civil service appointment of Wanda Seiler, Administrative Officer, Grade 118E, 2283.92 biweekly in the Division of Waste Management effective January 18, 2008. Number 15, 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 program project. Number 16, 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 17, 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 18, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an agreement with LexLink Incorporated for $1,400 for the office of the Urban County Council at a cost not to exceed the sum stated. Number 19, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a contract with Kinzelman, Kline, Gossman, LLC for a non-residential infill redevelopment study at a cost not to exceed $120,000. Number 20, 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 III 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. 21, 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 Base Steel Stairway, increasing the contract price by the sum of $3,250 from $36,760 to $40,010. Number 22, 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, Todd's Road Improvement Project, Section 1, increasing the contract price by the sum of $50,773 from $895,897 to $946,670. 23, a resolution rescinding Resolution Number 110-2007 relating to permanent sanitary sewer and temporary construction easements for 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 accepted deed conveying permanent sanitary sewer and temporary construction easements from GEFCO 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. 24, 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 Group Vision Care Insurance covering LFUCG active employees for the period beginning January 1, 2007 through December 31, 2007 at no cost to the Government. And Number 25, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an application with Vision Care Benefits with IMED Vision Care for Group Vision Care Insurance covering LFUCG active employees for the period beginning January 1, 2008 through December 31, 2008 at no cost to the Government. Thank you very much. Is there a motion with regard to the resolutions? I have a motion by Councilmember James and a second by Councilmember Crosby that the resolutions just receiving their second reading be approved. Is there any discussion? Seeing none, we'll proceed to vote. Those in favor of those resolutions, please indicate by voting aye electronically. Those opposed, vote nay electronically. Madam Clerk, please call the roll. Mr. Myers? Yes. Mr. Stinnett? Yes, ma'am. Mr. Beard? Yes. Mr. Evans? Aye. Mr. Blues? Yes. Ms. Crosby? Yes. Mr. DeCamp? Yes. Mr. Ellinger? Yes. Ms. Gorton? Yes. Mr. Gray? Yes. Ms. Hinson? Yes. Ms. James? Yes. Mr. Lane? Yes. And Mr. McCord? Yes. Thank you very much. Those resolutions are approved. We will now move on to the first reading to the resolutions entitled to first reading. Resolution number 26, a resolution accepting the bid of Scheller's Fitness and Cycling, establishing a price contract for bicycles for emergency medical services. Number 27, a resolution accepting the bid of Arnold, Dugan, and Myers in the amount of $590,000 for West Hickman Wastewater Treatment Plant, aerated sludge holding tank improvements for the Division of Water and Air Quality. Number 28, a resolution accepting the bid of Moose Electric Company, Incorporated, in the amount of $19,865 for the Detention Center Electrical Supply Expansion for the Divisions of Community Development and Community Corrections. Number 29, a resolution accepting the bids of Anaconda Sports, Incorporated, Sports Supply Group, Incorporated, doing business as BSN Sports, Collegiate Pacific, S&S Worldwide, Riddell, Flag House, Incorporated, MSA Management, MedStar, and Wilfrid Sports Corporation, establishing a price contract for athletic equipment. Number 30, a resolution accepting the bid of Blue Grass Fire Equipment, establishing a price contract for fire hose nozzles. Number 31, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an agreement with EHI, Incorporated, for consulting services for the East End Small Area Plan at a cost not to exceed $100,000. Number 32, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an amendment to agreement with Community Action Council of Lexington-Fayette, Bourbon-Harrison, and Nicholas Counties, Incorporated, for an extension of the agreement for use of Home Investment Partnership Program funds for a tenant-based rental assistance program to June 30, 2009, at no additional cost to the Urban County Government. Number 33, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute change order number one to the contract with Blue Grass Contracting Corporation for the Meadows-Northland-Arlington Public Improvements Project Phase 2C, decreasing the contract price by the sum of $36,038.83 from $1,052,532.52 to $1,016,493.69. Number 34, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute change order number one to the contract with HDR Quest Engineers, Incorporated, for Starshoot Parkway Extension Project, increasing the contract price by the sum of $1,125.00 from $106,500.00 to $107,625.00. Number 35, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute change order number two to the contract with CDP Engineers, Incorporated, for South Elkhorn Pump Station Force Main Improvement Project, increasing the contract price by the sum of $33,500.00 from $454,000.00 to $487,500.00. Number 36, a resolution authorizing Section 2, amending Section 2 of Resolution Number 39-2008, which approved the contract with Sun Valley Fireworks Manufacturing Corporation for July 4, 2008 and 2009 fireworks exhibitions to correct the amount payable pursuant to the contract. Number 37, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute and submit a grant application to the Kentucky Office of Homeland Security and to provide any additional information requested in connection with this grant application, which grant funds are in the amount of $23,893.00 federal funds and are for the purchase of a Rajant InstaMesh Raychrom deployable 2.4 GHz Wi-Fi wireless system for the Division of Fire and Emergency Services Mobile Command Post. Number 38, a resolution ratifying the permanent civil service appointments of Connie Michalski, Staff Assistant Senior, Grade 108N, in the Division of Police, effective February 20, 2008. Brian Reynolds, Laboratory Technician, Grade 109N, in the Division of Water and Air Quality, effective March 19, 2008. Matt Epperson, Golf Course Clubhouse Attendant, Grade 106N, in the Division of Parks and Recreation, effective April 1, 2008. Wilma Williams, Staff Assistant Senior, Grade 108N, in the Division of Police, effective February 20, 2008. Lincoln Mackey, Engineering Technician Senior, Grade 113E, in the Division of Engineering, effective March 4, 2008. Alita Rados, Administrative Specialist Senior, Grade 112N, in the Division of Family Services, effective February 20, 2008. Ratifying the probationary sworn appointments of Franklin Patrick, Kevin Matkiff, April McCrickard, Jones Hyatt, Jason Yeager, James Lowe, Police Sergeant, Grade 315N, 26.388, hourly in the Division of Police, effective February 18, 2008. Approving leave of absence for Michael Rowland, Equipment Operator Senior, Grade 109N, in the Division of Waste Management, of request a 90-day council-approved leave without pay from January 15, 2008 to April 13, 2008. Number 39, a resolution amending the rules and procedures of the Lexington Pay at Urban County Council, which were adopted by Resolution Number 5579, as amending to require that copies of any presentations and documents or handouts related thereto made to the Urban County Council be provided to each council member no later than 72 hours, excluding weekends and holidays prior to the scheduled date of the meeting, and that failure to provide such copies shall result in postponement of the presentation. Number 40, a resolution of the Lexington Pay at Urban County Government, authorizing the issuance of up to $8,500,000 principal amount of Lexington Pay at Urban County Government Adjustable Rate Demand Industrial Building Revenue Bonds, Series 2008 Northeast Christian Project, authorizing the execution and delivery of a loan agreement, authorizing the execution and delivery of a trust indenture securing such bonds, authorizing the execution and delivery of a tax regulatory agreement with respect to such bonds, authorizing the execution and delivery of a bond purchase agreement with respect to such bonds and other documents, and taking other related action. Number 41, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a temporary construction easement across a portion of the property located at 200 Clinton Road, Clinton Road Park from the Urban County Government to Columbia Gas of Kentucky Incorporated for the sum of $4,500. Number 42, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute and submit a grant application to the Kentucky Environmental and Public Protection Cabinet and to provide any additional information requested in connection with this grant application, which grant funds are in the amount of $203,250 Commonwealth of Kentucky funds from the Kentucky Recycling Household Hazardous Waste and Mercury Management Grant Program and are for the purchase of a glass cleaning system in order to offer a new one-sort recycling system. Number 43, a resolution authorizing and directing the Division of Traffic Engineering pursuant to Code of Ordinances Section 18-86 to install multiway stop controls at Topeka Road and Hillandale Road. Number 44, a resolution amending Section 1 of Resolution Number 13-2008 establishing a price contract for wireless phone service for Cricut with Cricut Communications to correct a clerical error in the name of the vendor. Number 45, a resolution amending Section 1 of Resolution Number 33-2008 establishing a price contract for hydraulic oil with Elite Petroleum Incorporated to correct a clerical error in the identification of the vendor. Number 46, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute three claims payment agreements with Humana Insurance Company for employment health insurance plans, platinum PPO, gold PPO, and silver HDHP for the period of January 1, 2008 through December 31, 2008 at a cost not to exceed $28,903,620. Number 47, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute agreements with the Mintel Neighborhood Association Incorporated $1,000 and Fairway Neighborhood Association Incorporated $200 for the office of the Urban County Council at a cost not to exceed the sum stated. Number 48, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a second amendment to client engagement agreement with Metaformers Incorporated to provide for the implementation of the PeopleSoft modules for treasury projects, grants, and contracts and to extend the term of the agreement through November 30, 2008 at an additional cost not to exceed $641,161 with an effective date of February 1, 2008. And number 49, a resolution directing the Lexington-Fayette Urban County Government Division of Parks and Recreation to open Meadowbrook Golf Course for the current golfing season subject to the same lease terms with Fayette County Public Schools that were exercised in the immediately prior golf season and further directing the Meadowbrook Golf Course remain open for one year. Thank you very much. Council Member James. Mayor, I have a motion. I move to place on the docket a resolution awarding the bid for Douglas Park Basketball Complex Construction to Louisville Paving Company Incorporated at a cost of $465,200. Thank you. I have a motion from Council Member James and a second from Council Member Myers to add the approval of that bid for work at Douglas Park on the docket. Is there any discussion? Those in favor of adding that item, please let it be known by saying aye. Opposed, no. Motion carries. Madam Clerk, would you give first reading to that item? Resolution number 50. A resolution accepting the bid of Louisville Paving Company Incorporated in the amount of $465,200 for Douglas Park Basketball Complex Construction. Thank you very much. That concludes all of the items entitled to first reading. Any motions? Council Member Beard. I'd like to move to suspend the rules and get a second reading on number 39 and number 49. Council Member Gordon. Yes, Mayor. Just before the meeting, I was asked by the Commissioner to ask for second reading on number 41 because Columbia Gas is ready to go ahead with their work to upgrade the line, so I'd like to suspend the rules on 41. Any others? Council Member James. Number 50, please. Thank you. Any further discussion? All those in favor of giving second reading to items 39, 41, 49, and 50, let it be known by saying aye. Aye. Opposed, no. Motion carries. Madam Clerk. Resolution number 39. A resolution amending the rules and procedures of the Lexington Urban County Council, which were adopted by Resolution number 55-79, is amended to require that copies of any presentations and documents or handouts related thereto made to the Urban County Council be provided to each Council Member no later than 72 hours, excluding weekends and holidays prior to the scheduled date of the meeting, and that failure to provide such copies shall result in postponement of the presentation. Number 41. A resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a temporary construction easement across a portion of property located at 200 Clinton Road, Clinton Road Park from the Urban County Government to Columbia Gas of Kentucky Incorporated for the sum of $4,500. Number 49. A resolution authorizing and directing the Lexington Fayette County Government Division of Parks and Recreation to open Meadowbrook Golf Course for the current golfing season subject to the same lease terms with Fayette County Public Schools that were exercised in the immediately prior golf season and further directing that Meadowbrook Golf Course remain open for one year. And number 50. A resolution accepting the bid of Louisville Paving Company Incorporated in the amount of $465,200 for Douglas Park Basketball Complex construction. Is there a motion to approve those items? Second. I have a motion by Council Member Myers and a second by Council Member McCord to approve those items. Is there any discussion? I've got a question with regard to item 49, and that relates to the budgetary impact that affects not only this budget but the next budget since we're talking about a one-year commitment. Have you ñ I'm not sure how we do that in the context of a resolution or in a context other than budget ordinance. I'm not exactly sure either, Mayor. I assumed ñ I would have assumed that up to the end of June of this year was in the 08 budget. But this talks about going on for a full year. A full golfing year, actually, which is probably the first of November or so. I don't know whether that is embedded in ñ well, we don't have that budget yet. How do we know that ñ I mean, it's embedded in the ñ it will be embedded in the parks budget along with all the other golf courses and swimming pools and everything. Perhaps. Yeah. But we haven't approved the budget for the period from July 1, 08, through June 30, 09. This resolution would require us to make an expenditure of funds to operate the course for that period of time. And I don't think we can do that by way of a resolution. I think we've got to do that by budget ordinance. Council Member Blevins. My take on this is that for this fiscal year, the funds are budgeted, so we're good through June 30th. That's a done deal. After that, nearly everything in this government is subject to the budget process, including this. If we choose not to fund it, we choose not to fund it. If we choose to fund it, then we do. I don't see this as any different just by anything else we do. So I think we're okay. It's my ñ my nonlegal opinion. The issue I'm raising here, though, is the language requires us to keep it open for And that's ñ that's different. You know, if you want to go ahead and do it through June 30th, I suppose we can do that. But I don't think we can authorize expenditure of funds for any period of time past June 30th. We have programs that straddle the fiscal year all the time. And this is just another one, in my view. But we ñ they're only funded one year at a time. This one calls for the course to be operated, of course, across two different fiscal years, one of which I'll acknowledge is covered through June 30th. But past June 30th, I raise that question. Yeah, and Council Member Ellinger raised a second point. My understanding from a conversation with Superintendent Silberman was that ñ and this was reflected in the newspaper story yesterday ñ that the school board was not willing to enter into a lease for a year. They were interested in talking about something where they'd have a 30-day right to terminate our occupancy there. So I think those are both issues that are question marks in my mind about how we're going to proceed. I think that all previous leases also had an out of some sort, whether it was a 30-day out or a 90-day out or whatever, they all had outs, even though they might have been a one-year lease, evergreen type of a lease. But they all had some other ability for the school board to, or for that matter us, to terminate with some level of notice, whether it be 30, 90, six months, whatever it might be. So I don't see any difference with this. The budgetary situation as it relates to ñ there is a pool for parks and rec to run the golf courses. Now, how do you distinctly and crisply pull this one out and talk about it as opposed to any of the other golf courses or swimming pools or any of the other activities The line items are obviously personnel, grass cutting and fertilizing and all the various and sundry things you do in parks. I don't believe that the budget itself delineates. Specifically, they were going to put down so much nitrogen out at Shillito Park for $15,000 or whatever. So it obviously does not, just as it doesn't identify, you know, when we're going to have lifeguards working at pools or any one of a number of other details like that. But the difficulty I've got with this resolution is it is directing us to expend funds to operate a facility for a portion of the fiscal year 09 budget. And the only way I know how we do that around here is with a budget ordinance each year. And that's something I'm not aware of us having done previously. If we have, I've got some questions about whether or not it was done correctly then, too. Council Member Gordon. Well, I just have a question. How would this be different from Hickadoom Golf Course or Kearney Hills or Lakeside or those? We're going to open them in two different fiscal years for the season. But they're only funded through June 30th of FY08 this year. We don't have resolutions directing us to keep Hickadoom or any other golf course or any other facility that I know of open into the next fiscal year. But wouldn't that be, back to Council Member Blevins' point, through the budget? We could do something in the budget later. I mean, we could not do something in the budget later, too. We might conclude we don't want to be in the golf course business this year. But my point is right now what we have before us is a resolution that goes beyond what I think we're authorized to do by resolution and what we can only do by way of budget ordinance. That's my problem. Mayor, I see two ways out of this. I think the will of the council has been expressed. So one way would be that we could table this resolution, if you're willing, to rescind your mayoral directive from a week or so ago. That's one solution. Or I guess we could amend it to just take us through June 30th. I don't believe personally that that's necessary, but that's a way out. Either that or we need council to come up here and tell us one way or the other whether you're right or not and then move on. And the last question I would ask is what if we don't get a lease from the public school system that owns the property, which makes this course materially different from all of the other courses. As we discussed earlier, we had an opportunity to acquire this property two or three years ago and opted not to do so at that time. And as a consequence, we're now in a very different kind of predicament with regard to this particular course as opposed to all the others. Well, I think number 49 speaks to what happens. Obviously, if they don't want to sign the lease, then, you know, all systems are stopped again. It references that in here, so to speak. Subject to the same terms with Fayette County Public Schools that were exercised immediately prior to golf season and further directing that the Meadowbrook golf course remained open for one year. But that portion about the lease in and of itself, you know, it doesn't – it's silent on the subject, but to the point that any time you have two parties, we obviously, of course, can't dictate that they sign the lease, so. And if I understand correctly, if they won't agree to a lease that gives us the opportunity then this resolution is moot. Is that correct? Sure. Of course it is. It's their property, and, you know, if they want a 30-day out, then that's part of the details of the lease that we would agree to. Well, I guess a 30-day out's not a one-year lease. It's a 30-day lease. And what I'm trying to find out is whether or not the council's saying you take a 30-day lease or you've got to have a year lease. And the way I read this is you've got to have a year lease. I've been party to and been involved in leases that are for five years and have six-month outs all the time. And that doesn't seem to be a problem. They aren't called six-month leases. Well, my point is I've got to try to figure out how we are supposed to proceed going forward, and that's not clear to me whether we've got to have a one-year lease or whether we've got to have a lease for a year, or said you could have a 30-day out, or whether we have to sign a lease that only says 30 days. Well, I said similar to or like previous leases. I believe the previous leases had outs also. I don't know whether they were 30-day outs, but they had outs also, so. All right. Chair, if I might. Thank you. I believe the status of our relationship with Fayette County Public Schools now is we're operating under an unrecorded lease from back in the 60s, and it does provide for a 90-day out provision. Back in 2003, when the council entered into a lease purchase agreement with the school system, those terms were to change, and that unrecorded lease was to terminate upon the closing of the new lease, which never happened, and that's what you alluded to. We went ahead and we proceeded with the sale of the Tate's Creek property, the school system, which was part of the deal, but did not proceed with the other part of the deal, which the school board had canceled. So I spoke with Brenda Allen today, who's general counsel for the school system, and I did not hear her disputing that we're still operating under the lease from the 1960s on that 90-day provision because we were concerned about the same thing. I saw the same comments of Superintendent Silverman. She's not sure just exactly what his position is going to be on this, but as far as that budget issue crossing over into the next fiscal year, one of the things that we have done in the past is to say, put a provision in it that says to the extent that funds are appropriated. It's just a suggestion if you wanted to do that, because I think you're going to have to revisit that when the budget is approved for FY09. Thank you. I don't have anything further to raise on that issue. If there's no further discussion, we'll proceed to a vote. All right, Madam Clerk, if you'll call the roll. Members, please vote aye if you favor the approval of those four items that receive second reading. And vote nay if you're opposed. Mr. Myers? Yes. Mr. Stinnett? Yes, ma'am. Mr. Beard? Aye. Mr. Blevins? Aye on all, nay on except for 39. Nay on 39, please. We'll note that in the minutes. Mr. Blues? Yes. Ms. Crosby? Yes. Mr. DeCamp? Yes. Mr. Ellinger? Yes. Ms. Gorton? Aye. Mr. Gray? Yes. Ms. Henson? Yes. Ms. James? Yes. Mr. Lane? Yes. And Mr. McCord? Yes. Thank you. Those resolutions are approved. You have some communications from the mayor, which are just for information only. That takes us down to announcements. Are there any? Council Member Gorton. Thank you, Mayor. I wanted to bring one issue to Council Member's attention and possibly make a motion regarding this. If you've looked at your work session packet, you know that there are six presentations on the packet. And I've spoken by e-mail to some of the folks who put together the packet, and they've confirmed that we have at least 55 to 65 minutes of presentations, and that probably does not account for questions. And so I would like to go ahead and move that we postpone maybe for one work session. In particular, the needs assessment. I think it's really important to have time for the needs assessment presentation and questioning in the public. So that's item D. And then item E, the post-secondary education. So moved for postponement. Second. Is the motion to postpone D and E? All right. The motion is to postpone items D and E for a week. And I think there was a second from Council Member Ellinger. I know we had a scheduling issue on E with Mr. Calgo's calendar being kind of crazy right now. I don't know if there's anything else we can postpone a week and leave that one on, because he's already ‑‑ I think we pushed him back when we had the management audit here. Well, let me ask, if I might, Mr. Green, are the keep it real, we've been working on that for many weeks to get them a position on the agenda where they wouldn't be with 60 minutes of other presentations. Are those students coming, and has that already been arranged? I don't know. I can't answer if the students are coming, but we had to discuss what the people were trying to get them to do. My concern is that Council has asked for 45 minutes of presentations and then questions after that, and we have way more than that. So, I mean, I would have no problem with postponing keep it real. That has been a request for many weeks, and it involves students, so I don't know if it's possible to postpone that. If they've already arranged for the students to come. I do not know that. Let me propose a solution here. We can move them up to the top of the list so that, you know, they probably wouldn't have more than a 15 or 20-minute wait after we went through the first five items on the agenda. And then the other three things, the Services Committee, Budget and Finance Committee, and the Social Work Proclamation should not take very long either. Would that help? Well, that would help, and then we would postpone the needs assessment. Right. So that it could get a full presentation with questions from Council members. Could we move the keep it real up then and postpone? The motion then would be to postpone the needs assessment presentation until next week. Okay. Mr. Green, does that work? Okay. All right. No, I was just going to ask Commissioner Helm, had she made any special arrangements for anyone to be here on Tuesday for the needs? I thought I saw an e-mail floating around announcing that. No? Okay. Thank you. Oh, she's not here. I thought I saw an e-mail floating around inviting folks that had participated in that needs assessment to be here, so I didn't know if that was going to be an issue, but I guess not. Thank you. If it helps any, we could certainly, I'm sure, reschedule that proclamation. That's not a lot of people, certainly. No, it isn't. Very long. All right. I think the motion is now friendly, amended, I hope, is to postpone item D on the work session agenda for March 11th. Any further discussion? Council Member Gray. I just might give us a heads-up, Mayor, on that. I was glad to see the post-secondary education commentary on the agenda, and that's from Brad Calgo. And I'm assuming that that has a lot to do with the issues before the legislature, the budget cuts, the University of Kentucky, the significance of that as it relates to Lexington. Right. Right. So it's a very big deal. I'm glad we can keep it on there. All right. Those in favor of amending the work session agenda by deleting the social services needs assessment presentation, let it be known by saying aye. Opposed, no. Motion carries. Any further announcements? Any public comment? Chief, do you have an item for us? I do. Good evening, Mayor and Council. In the matter of Major Thomas Blythe, he's been charged with conduct unbecoming an officer in violation of KRS 95450 and Chapter 17 of the LFUCG Uniform Disciplinary Code. On the 22nd of February 2007, he acted in a manner considered as unacceptable behavior, resulting in charges of conduct unbecoming an officer. He is to be issued a one-hour suspension with which he has concurred by virtue of his signature. I present that to you. Move approval. Second. I have a motion by Councilmember Gordon and a second by Councilmember Ellinger to approve the Chief's recommendation on the disciplinary matter. Any discussion? Those in favor, please say aye. Opposed, no. Motion carries. Thank you, sir. Thank you. Any further public comment? Mr. Cobb, if you'll step to the podium, give us your full name and address. You'll have three minutes. Louis Cobb. My address is 464 Campbell Street. I just want to say peace and love to the Council and thank God for everything that's going on in Lexington. Some changes are going to take place. I'd like to be a part of it. Thank you. Thank you very much. Any further comment? Seeing none, we'll entertain a motion to adjourn. I have a motion by Councilmember McCord and a second by Councilmember Myers. Those in favor of adjourning, please say aye. Aye. Opposed, no. Motion carries. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you.  Thank you. You're watching GTV3, your link to government information, programs, and special events. GTV3, watch us. Coming up next, details on the management audit, how seatbelts save lives, finding a safe place, and a traffic update. All this, plus more, on Lexington Now. Hello, everybody. We're glad you could join us for this edition of Lexington Now. I'm David Sullivan. We have a full range of topics to cover over the next 30 minutes. We begin this week with a look at the recently released management audit.