# Urban County Council Meeting - March 20, 2008 > Auto-transcribed civic record · Council · March 20, 2008 - **Permalink**: https://meetings.lexingtonky.news/meeting/429 - **Source video**: https://lfucg.granicus.com/player/clip/429?view_id=14&redirect=true - **Date**: 2008-03-20 - **Body**: Council - **Last revised**: February 2, 2026 - **Length**: 7,539 words > ⚠️ **Auto-generated content.** Audio from the official Granicus video was auto-transcribed by OpenAI Whisper-1. Structured facts were extracted with GPT-4o; the narrative summary was written by Anthropic Claude Sonnet. Speaker labels and verbatim wording may contain errors. See [methodology](https://meetings.lexingtonky.news/about/methodology) or [report a correction](mailto:editor@lexingtonky.news). --- ## Meeting Overview The Lexington-Fayette Urban County Government Council convened on March 20, 2008, at 7:00 P.M. in Lexington, Kentucky, with Mayor Jim Newberry presiding. The Council addressed two primary agenda items during the session, both of which were approved following deliberation. The meeting included two formal motions and votes, covering a zone change request for Beaumont Investments, LLC and the issuance of revenue bonds for the Roman Catholic Diocese of Lexington. Two members of the public provided comments during the designated public comment period, contributing community input to the proceedings. ## Attendance The following members were present at the Council meeting on March 20, 2008: **Present:** • Jim Newberry • Stevens • Stinnett • Beard • Blevins • Blues • Crosbie • DeCamp • Ellinger • Gorton • Gray • Henson • James • Lane • McChord • Myers All 16 council members were in attendance. No members were reported as absent or late for this meeting. ## Votes and Decisions The Council conducted two roll call votes during the March 20, 2008 meeting, both resulting in unanimous passage. **Approval of Ordinances Given Second Reading** [timestamp: 02:00] Councilmember Blevins made a motion to approve ordinances given second reading, which was seconded by Councilmember Stevens. The motion passed unanimously with a roll call vote of 14 ayes, 0 nays, and 0 abstentions. Voting in favor were: Stevens, Stinnett, Blevins, Blues, Crosbie, DeCamp, Ellinger, Gorton, Gray, Henson, James, Lane, McChord, and Myers. **Approval of Resolutions Given Second Reading** [timestamp: 06:00] Councilmember Stevens made a motion to approve resolutions given second reading, which was seconded by Councilmember Myers. The motion passed unanimously with a roll call vote of 15 ayes, 0 nays, and 0 abstentions. Voting in favor were: Stevens, Stinnett, Beard, Blevins, Blues, Crosbie, DeCamp, Ellinger, Gorton, Gray, Henson, James, Lane, McChord, and Myers. Both votes demonstrated full Council support for the legislative items under consideration, with no opposition or abstentions recorded on either motion. ## Budget and Financial Actions The Council approved three significant financial contracts during the March 20, 2008 meeting, totaling over $3.4 million in expenditures. The largest financial action involved a $2,827,319.00 engineering services agreement with Camp Dresser & McKee, Inc. for a comprehensive sewer system capacity assessment. This substantial contract represents a major investment in evaluating the city's wastewater infrastructure capabilities. The Council also authorized a $590,000.00 contract with Arnold, Dugan & Meyers for improvements to the West Hickman Wastewater Treatment Plant's aerated sludge holding tank. These improvements are part of ongoing efforts to maintain and upgrade the city's wastewater treatment facilities. Additionally, the Council approved a smaller $19,865.00 contract with Muse Electric Co. Inc. for electrical supply expansion at the Detention Center. This project addresses infrastructure needs at the county's correctional facility. These three contracts collectively represent $3,437,184.00 in approved expenditures, with the majority of funds directed toward wastewater system evaluation and improvements. The sewer capacity assessment contract with Camp Dresser & McKee represents approximately 82% of the total financial commitments made during this meeting. ## Public Comment Two speakers addressed the Council during the public comment period at the March 20, 2008 meeting. **Diana Butler** spoke at [timestamp: 10:00] regarding employee compensation issues. Butler expressed concerns about the Mayor's proposal to not grant pay raises to non-union urban county government employees. She addressed the potential impact this decision would have on government workers who are not represented by union contracts. **David Sams** addressed the Council at [timestamp: 12:00] to request support for House Bill 519. Sams emphasized the importance of this legislation, specifically highlighting the need for enhanced protection for employees who handle hazardous materials in their work duties. He urged the Council to formally support this state-level legislation. Both speakers focused on employee-related issues, with Butler addressing local compensation concerns and Sams advocating for workplace safety protections at the state level. ## Appointments The Council approved several appointments and reappointments to various city boards and commissions during the March 20, 2008 meeting. **New Appointments:** • Kristina M. Stambaugh was appointed to the Commission for Citizens with Disabilities • William J. Baggerman was appointed to the Raven Run Nature Sanctuary Advisory Board • William M. Ballard, Jr. was appointed to the Parks and Recreation Advisory Board **Reappointments:** • Lee Meyer was reappointed to the Parks and Recreation Advisory Board • Freddy Peralta was reappointed to the Parks and Recreation Advisory Board • Leslie Phillips was reappointed to the Civil Service Commission • Van Meter Pettit was reappointed to the Greenspace Commission • John B. Park was reappointed to the Greenspace Commission The appointments included positions on several key advisory bodies, with the Parks and Recreation Advisory Board receiving both new and continuing members. The reappointments demonstrate continuity of service for experienced board members across multiple city commissions, including those focused on environmental conservation, civil service oversight, and accessibility services for citizens with disabilities. ## Contested Items During the March 20, 2008 Council meeting, one primary issue generated community opposition and debate. **Employee Pay Raises** The main contested item involved concerns raised by community members regarding the Mayor's proposal to withhold pay raises from non-union urban county government employees. The disagreement centered on the administration's decision not to grant salary increases to this specific group of workers, while the broader context and reasoning behind this proposal sparked opposition from meeting attendees. The nature of the opposition appeared to focus on the fairness and impact of selectively denying pay raises to non-union employees, though the specific arguments made by community members and the Mayor's detailed justification for the proposal were not fully captured in the available meeting data. The outcome of this contested item and any subsequent Council action or resolution was not specified in the meeting records provided. *Note: Specific transcript timestamps and detailed participant statements were not available in the source materials for this contested item.* ## Zone change for Beaumont Investments, LLC [timestamp: 02:00] The Council considered an ordinance to change zoning designations for properties owned by Beaumont Investments, LLC. The proposed ordinance would rezone certain areas from Highway Service Business (B-3) zone to Professional Office (P-1) zone, while simultaneously changing other portions from P-1 to B-3 zoning. Council members Blevins and Stevens participated in the discussion of this zoning matter. The ordinance represents a reciprocal zone change arrangement, effectively swapping the zoning classifications between different sections of the Beaumont Investments properties. The Highway Service Business (B-3) zone typically allows for commercial uses oriented toward highway and automotive services, while the Professional Office (P-1) zone is designed for office buildings and professional services. The zone swap would realign the permitted uses on the properties to better match the intended development plans. The Council approved the ordinance, allowing the zone changes to proceed as requested by Beaumont Investments, LLC. ## Issuance of Revenue Bonds for Roman Catholic Diocese of Lexington [timestamp: 03:00] The Council considered Ordinance 2 authorizing the issuance of revenue bonds not to exceed $5,000,000 for the Roman Catholic Diocese of Lexington Project. The discussion was led by key speakers Blevins and Stevens, who presented the details of the bond issuance proposal. The revenue bonds would support a project undertaken by the Roman Catholic Diocese of Lexington, though the specific nature of the project was not detailed in the available materials. The ordinance represents a significant financial commitment, with the bond authorization capped at $5 million. Revenue bonds of this type typically allow religious organizations to access capital markets for major construction or renovation projects while providing certain tax advantages. Following the presentation and discussion by Blevins and Stevens, the Council moved to approve the ordinance. The measure was approved, authorizing the city to proceed with the revenue bond issuance process for the Diocese project. This approval allows the Roman Catholic Diocese of Lexington to move forward with their planned project financing through the municipal bond mechanism, which can provide favorable interest rates compared to conventional financing options. --- ## Decisions - **Motion** — passed (14-0): Approval of ordinances given second reading - **Motion** — passed (15-0): Approval of resolutions given second reading --- ## Full transcript Madam Clerk, if you would call the roll, please. Dr. Stephens, thank you. Mr. Stennett, Mr. Beard, Mr. Blevins, Mr. Blues, Ms. Crosby, Mr. DeCamp, Mr. Ellinger, Ms. Gorton, Mr. Gray, Ms. Henson, Ms. James, Mr. Lane, Mr. McCord, and Mr. Myers. Thank you. We have a quorum present. We had a minister scheduled to be here tonight. Unfortunately, I don't believe he has arrived. Reverend McCown is not here, is he? All right, we'll call upon our substitute, Beacon Green. Let's all stand, please. Hopefully a good substitute. Let us pray. Heavenly Father, we thank you for allowing us to assemble to do the business that you put before us, knowing that you have ordained government. We pray that as we go into these deliberations, that every heart will think and focus upon the benefit and what is most beneficial for our community, that we come together to consider these decisions, knowing that we are not perfect people, but we are trying to do what is right in that sight. Thank you and bless everyone assembled here. In the name of Christ Jesus, we thank you and bless. Amen. Thank you very much, Artie. We're now ready for the ordinances entitled to second reading. Madam Clerk. Ordinances for second reading, ordinance number one, an ordinance changing the zone from a highway service business B3 zone to a professional office P1 zone for a 3.12 net, 3.70 gross acres, and from a professional office P1 zone to a highway service business B3 zone for a 7.47 net, 12.38 gross acres of property located at 3194 Beaumont Center Circle, a portion of N3100, 3101, and 3110 Wall Street, subject to certain use restrictions imposed as conditions of granting the zone change, Beaumont Investments, LLC. Number two, an ordinance of the Lexington-Fayette Urban County Council, A, authorizing the issuance of Lexington-Fayette Urban County Government Adjustable Rate Industrial Building Revenue Bonds, Series 2008 Roman Catholic Diocese of Lexington Project, and the aggregate principal amount not to exceed $5 million. The bonds, B, 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, N.A., as trustees securing the bonds, two, a loan agreement between the issuer and Roman Catholic Diocese of Lexington, the diocese, three, a bond 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 an offering circular relating to the issuance and sale of the bonds, and six, any and all other related documents, and C, otherwise authorizing the taking of other related action. And there's a public hearing. Thank you. In connection with the ordinance just receiving its second reading by the clerk, we're required to have a public hearing this evening. Does anyone wish to speak to the ordinance involving the industrial revenue bonds? Seeing none, we'll adjourn the public hearing. Madam Clerk. Ordinance number three, 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 in appropriating funds pursuant to Schedule No. 148 and No. 4, an ordinance amending certain of the budgets of the Lexington-Fayette-Urban County Government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds, Schedule No. 147. Madam Clerk, I have Item 3 on my screen. I don't know if there's some change that needs to be made. All right. That completes the reading of the ordinances entitled to their second reading. Is there a motion? Move approval. Second. Council Member Blevins has moved and Council Member Stephens has seconded that those ordinances be approved. Is there any discussion? Seeing none, let's proceed to vote. Those in favor, please vote aye electronically. Those opposed, vote nay electronically. And Madam Clerk, please call the roll. Dr. Stephens? Aye. Mr. Stennett? Yes, ma'am. 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. Mr. McCord? Yes. And Mr. Myers? Yes. Thank you. We will now take our first reading. Madam Clerk. Coordinates number 5, an ordinance changing the zone from a highway service business V-3 zone to a light industrial I-1 zone for 0.78 net 1.12 gross acre of property located at 990 through 992 West New Circle Road, hands on originals. Number 6, an ordinance changing the zone from a single-family residential R-1D zone to a single-family residential R-1E zone for 0.269 net 0.366 gross acre of property located at 317 Robertson Street, Derek Thomas. Number 7, an ordinance amending Article 1-11 and Article 8-15D, 8-15N and 8-15O of the zoning ordinance to change the definition of extended stay hotel and to permit extended stay hotels in the professional office P-1 zone. Number 8, an ordinance amending Article 22-A, 22-A-1 and 22-A-2 of the zoning ordinance to change the name of the growth area planned unit development P-U-D-1 zone to residential planned unit development P-U-D-1 zone and to reduce the location and size criteria for the planned unit development P-U-D-1 zone. Number 9, an ordinance accepting the bid of MAC Construction and Excavating Incorporated in the amount of $1,178,972.60 for the Meadows-Northland-Arlington Neighborhood Improvement Space 3B and appropriating funds pursuant to Schedule No. 155. Number 10, an ordinance pursuant to Ordinance No. 197-2002 adjusting the salaries of employees occupying the position of Engineering Technician Principal, Telecommunicator, Telecommunicator Senior, Telecom Supervisor, Computer Analyst and Equipment Operator Senior in various divisions after review pursuant to the Pay Equity Ordinance, effective retroactive to the dates described in each item and appropriating funds pursuant to Budget Schedule No. 150. Number 11, an ordinance authorizing and directing the Mayor on behalf of the Urban County Government to accept a grant from the Unite Foundation at Blue Grass Community Foundation which grant funds are in the amount of $4,000 or for operation of a life skills program at the Division of Youth Services, the acceptance of which does not obligate the Urban County Government for the expenditure of funds, appropriating funds pursuant to Schedule No. 153 and authorizing the Mayor to transfer unencumbered funds within the grant budget. Number 12, an ordinance amending Ordinance No. 4-2008 to create one position of Recreation Specialist Senior, Grade 113E in the Division of Parks and Recreation to become effective retroactive to January 10, 2008. Number 13, an ordinance amending Section 3 of Ordinance No. 3-2008 to correct an error in the salary of Kenneth Johnson, Equipment Operator Senior, Grade 109N from $9.855 hourly to $14.359 hourly, effective retroactive to January 10, 2008 and pursuant to the Pay Equity Ordinance adjusting the salaries of employees occupying the position of Equipment Operator Senior in the Division of Waste Management to become effective retroactive to October 15, 2007 and appropriating funds pursuant to Budget Schedule No. 152. Number 14, an ordinance amending Section 23-5 of the Code of Ordinances abolishing one position of Police Captain and creating one position of Police Lieutenant in the Division of Police. Number 15, an ordinance amending certain of the budgets of the Lexington-Fayette-Urban County Government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds Schedule No. 149. And Number 16, an ordinance amending certain of the budgets of the Lexington-Fayette-Urban County Government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds remaining in FY 2007 and to FY 2008 in the General Services District General Fund using anticipated bond budget savings as the funding source is approved at the March 18, 2008 Council Work Session Schedule No. 154. Thank you very much. If there are no motions with regard to those ordinances, we'll proceed to the reading of resolutions entitled to second reading. Madam Clerk. Resolution No. 1, a resolution accepting the bid of Scheller's Fitness and Cycling establishing a price contract for bicycles for emergency medical services. Number 2, 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 3, a resolution accepting the bid of Muse 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 4, a resolution accepting the bids of Anaconda Sports, Incorporated, Sports Supply Group, Incorporated doing business as BSN Sports, Collegiate Pacific, S&S Worldwide, Red Owl Flag House, Incorporated, MSA Management, AdStar, and Bill Fritz Sports Corporation establishing price contracts for athletic equipment. Number 5, a resolution accepting the bid of Blue Grass Fire Equipment establishing a price contract for fire hose nozzles. Number 6, 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 7, 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 8, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute change order number 1 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 9, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute change order number 1 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 10, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute change order number 2 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 11, a resolution amending Section 2 of Resolution No. 39-2008, which approved the contract with Zombelli Fireworks Manufacturing Corporation for July 4, 2008 and 2009 fireworks exhibitions to correct the amount payable pursuant to the contract. Number 12, 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 breadcrumb deployable 2.4 GHz Wi-Fi wireless system for the Division of Fire and Emergency Services Mobile Command Post. Number 13, 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 and 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 Matkaff, April Crickard, Mick Crickard, Jones Hyatt, Jason Yeager, James Lowe, Police Sergeant, Grade 315N, Section 26.388, hourly in the Division of Police, effective February 18, 2008, approving the leave of absence for Michael Rowland, Equipment Operator Senior, Grade 109N in the Division of Waste Management, I request a 90-day council approved leave without pay from January 15, 2008 to April 13, 2008. Number 14, a resolution of the Lexington-Fayette Urban County Government authorizing the issuance of up to $8.8 million, $500,000 principal amount of Lexington-Fayette Urban County Government adjustable rate demand industrial building revenue bond 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. We are obligated with regard to Resolution Number 14 to hold a public hearing concerning those industrial revenue bonds. So let me call the public hearing to order. Is there anyone who wishes to speak with regard to those proposed bonds? Seeing none, we'll adjourn the public hearing. Madam Clerk? Resolution 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 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 16, a resolution authorizing and directing the Division of Traffic Engineering, pursuant to Code of Ordinances Section 18-86, to install multi-way stop controls at Topeka Road and Hillandale Road. Number 17, a resolution amending Section 1 of Resolution Number 13-2008, establishing a price contract for wireless phone service with Cricket Communications to correct a clerical error in the name of the vendor. Number 18, 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 19, 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 employee health insurance claims, 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 20, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute agreements with 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. And number 21, 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. Thank you. That completes the second reading of the resolutions entitled to second reading. Is there a motion? I move approval of the second reading of the resolutions. Thank you. Council Member Stephens has moved the approval of those resolutions. Council Member Myers is second in the motion. Is there any discussion? Seeing none, let's proceed to vote. Those in favor, please vote aye electronically. Those opposed, vote nay electronically. And Madam Clerk, if you will call the roll. Dr. Stephens? Aye. Mr. Stennett? Aye. Mr. Beard? Aye. Mr. Levens? Aye. Mr. Blues? Aye. Ms. Crosby? Aye. Mr. DeCamp? Aye. Mr. Ellinger? Aye. Ms. Gorton? Aye. Mr. Gray? Aye. Ms. Henson? Aye. Ms. James? Aye. Mr. Lane? Aye. Mr. McCord? Aye. And Mr. Myers? Aye. Thank you. Thank you very much. Those resolutions are approved. Madam Clerk, if you would give first reading to the resolutions entitled to first reading. Resolution number 22, a resolution accepting the bid of VSA Incorporated in the amount of $32,964 for a production switcher for GTV3. Number 23, a resolution accepting the bid of Vogelpole Fire Equipment establishing a price contract for heavy-duty power rescue tools for the Division of Fire and Emergency Services. Number 24, a resolution accepting the bid of ANA Safety Incorporated establishing a price contract for hydraulic USAR rescue tools HD for the Division of Fire and Emergency Services. Number 25, a resolution accepting the bid of Choice Equipment LLC establishing a price contract for automotive lifts for the Division of Fleet Services. Number 26, a resolution accepting the bid of Central Seal Company establishing a price contract for raised pavement marker installation for the Division of Traffic Engineering. Number 27, a resolution accepting the bid of Emergency Equipment establishing a price contract for high-pressure air lifting bag system and accessories for the Division of Fire and Emergency Services. Number 28, a resolution accepting the bid of GNK Services establishing a price contract for uniform rental for the Division of Fleet Services. Number 29, a resolution accepting the bid of Superior Demolition Incorporated in the amount of $20,400 for demolition of residential structures for the Division of Community Development. Number 30, a resolution accepting the bid of Easy Go Textron in the amount of $310,910 for golf carts for the Division of Parks and Recreation. Number 31, a resolution accepting the bid of Tim Garnett LLC in the amount of $21,005 for Jacobson Park new accessible restroom. Number 32, a resolution accepting the bid of Thoroughbuilt Construction in the amount of $29,875 for the Gratz Park kitchen roof replacement. Number 33, a resolution accepting the bid of Pathmaster Incorporated establishing a price contract for traffic signal controllers for the Division of Traffic Engineering. Number 34, a resolution accepting the bids of Clonch Construction LLC, G&G Paving and Construction Incorporated, LM Asphalt Partners Limited doing business as ATS Construction, Randall Davies Construction Company, The Allen Company Incorporated, Tom Chestnut Excavation and Construction LLC, and Woodall Construction Company Incorporated establishing unit price contracts for paved trail construction for the Division of Engineering. Number 35, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an amendment to agreement with Hope Center Incorporated for an increase of $460 for a total of $25,180 in emergency shelter grant funds for operation of an emergency and transitional shelter for men at a cost not to exceed an additional $460. Number 36, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a Certificate of Consideration and to accept a General Warranty Deed for the property located at 405 Shawnee Avenue from James and Janet East Step for the Meadows North on Arlington Phase 3B improvements and authorizing payment in the amount of $53,000 plus usual and appropriate closing costs. Number 37, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a Certificate of Consideration and to accept a General Warranty Deed for the property located at 406 Shawnee Avenue from D2H Investments, LLC for the Meadows North on Arlington Phase 3B improvements and authorizing payment in the amount of $53,000 plus usual and appropriate closing costs. Number 38, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to accept a donation from the Jasmine County Emergency Management Agency of 24 emergency seen ahead signs with base and carrying case for use at the Division of Environmental and Emergency Management at no cost to the Urban County Government. Number 39, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute agreements with Boy Scout Troop 9-11, Incorporated, $1,000. Radcliffe Marble Neighborhood Association, Incorporated, $578. Joyland Neighborhood Association, Incorporated, $420. And Winburn Neighborhood Association, Incorporated, $600 for the office of the Urban County Council at a cost not to exceed the sum stated. Number 40, a resolution ratifying the probationary civil service appointments of Kenzie Gleason, Planner Senior, Grade 117E-10691-84, biweekly in the Division of Planning, effective March 17, 2008. John Saylor, Arborist Technician, Grade 112N, $18.922 hourly in the Division of Streets, Roads and Forestry, effective March 17, 2008. Ratifying the permanent civil service appointments of Phillip Stifel, Computer Systems Manager Senior, Grade 120E in the Division of Computer Services, effective April 1, 2008. Wally Barker, Human Resources Manager, Grade 119E in the Division of Human Resources, effective March 3, 2008. Wilma Williams, Staff Assistant Senior, Grade 108N in the Division of Police, effective February 20, 2008. Scott Bittner, Public Service Worker, Grade 106N in the Division of Parks and Recreation, effective April 1, 2008. Kathleen O'Neill, Administrative Specialist, Grade 110N in the Division of Historic Preservation, effective March 17, 2008. Erin Bach, Golf Horse Clubhouse Attendant, Grade 106N in the Division of Parks and Recreation, effective April 1, 2008. Approving the unclassified civil service appointment of Carissa Kelsey, Family Support Worker, Grade 112N, $16.341 hourly in the Division of Family Services, effective February 28, 2008. Approving the unclassified civil service appointment to the Office of the Urban County Council, Mary Tackett, Aid to Council, Grade 000E, $1,807.69 biweekly in the Office of the Urban County Council, effective February 25, 2008. Number 41, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute and submit a grant application to the Kentucky Justice and Public Safety Cabinet and to provide any additional information requested in connection with this grant application, which grant funds are in the amount of $187,500 federal funds and are for continuation of the Street Sales Drug Enforcement Project. 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 Justice and Public Safety Cabinet and to provide any additional information requested in connection with this grant application, which grant funds are in the amount of $35,000 Commonwealth of Kentucky funds from the Law Enforcement Service Fee Program and are for police officer overtime hours for a traffic alcohol patrol program. Number 43, a resolution accepting the proposal of express personnel services in the amount of $20.15 per hour not to exceed $30,000 for an inventory warehouse specialist to maintain current inventory and control system for metropolitan medical response systems related equipment purchases. Number 44, 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 and temporary construction easements from East End Church of Christ, Inc. for property located at 3055 Todd's Road for the Cadentown Sanitary Sewer Project and authorizing payment in the amount of $15,500 plus usual and appropriate closing costs. Number 45, 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 sanitary sewer easement and temporary construction easement from Our House on Todd's, LLC. located at 3021 Todd's Road for the Cadentown Sanitary Sewer Project at no cost to the Urban County Government with usual and appropriate closing costs. Number 46, 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 sanitary sewer easement and temporary construction easement from Daniel Morton Webster III. located at 3041 Todd's Road for the Cadentown Sanitary Sewer Project at no cost to the Urban County Government with usual and appropriate closing costs. Number 47, 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 sanitary sewer easement and temporary construction easement from Michael Height. located at 3045 Todd's Road for the Cadentown Sanitary Sewer Project at no cost to the Urban County Government with usual and appropriate closing costs. Number 48, 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 sanitary sewer easement and temporary construction easement from Jeffrey S. Leonard. located at 3017 Todd's Road for the Cadentown Sanitary Sewer Project at no cost to the Urban County Government with usual and appropriate closing costs. Number 49, 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 sanitary sewer easement and temporary construction easement from Our House on Todd's LLC. located at 3051 Todd's Road for the Cadentown Sanitary Sewer Project at no cost to the Urban County Government with usual and appropriate closing costs. Number 50, 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 sanitary sewer easement and temporary construction easement from Courtney S. Burton. located at 3073 Todd's Road for the Cadentown Sanitary Sewer Project at no cost to the Urban County Government with usual and appropriate closing costs. Number 51, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute change order number two, final to the contract with Lincoln Excavation Incorporated for 7th Street at Old Railroad Improvement Project, by the sum of $3,952.23 from $249,130.97 to $253,083.20. Number 52, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an agreement with Ratio Architects Incorporated for a central sector small area plan at a cost not to exceed $110,000. Number 53, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute agreements with Project Lifesaver Incorporated, $825, and Big Brothers Big Sisters of the Bluegrass Incorporated, $825 for the office of the Urban County Council at a cost not to exceed the sums stated. Number 54, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an agreement with Chenault Road Neighborhood Association, Incorporated, $4,999 for a public project for the office of the Urban County Council at a cost not to exceed the sums stated. Number 55, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an encroachment agreement with the Cincinnati New Orleans and Texas Pacific Railway Company for the North Elkhorn Wastewater Treatment Project at a cost not to exceed $24,625. Number 56, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a consulting services agreement with Metaformers Incorporated for implementation services for PeopleSoft Software Phase 2 at a cost not to exceed $4,326,790. And number 57, a resolution making a declaration of official intent with respect to reimbursement from subsequent borrowings of temporary advances made for capital expenditures for implementation of Phase 2 of the PeopleSoft Software STARS expansion in an approximate amount of $5,500,000. Thank you very much. That completes the reading of the resolutions entitled to first reading. Are there any motions? I seek to announce a member's tenet. Yes, Mayor. I'd like to give second reading to number 33 because the price contract is expiring soon and we need to get a new one in place for our traffic signals, as well as resolutions 44 through 50. This is a project that's been going on for two years and it means sanitary sewer service to this area, so this will help speed up that process just a little bit to get the sewer in there faster. Thank you. Any others? Seeing none, I have a motion to suspend the rules to give second reading to resolutions number 33 and resolutions 44, 45, 46, 47, 48, 49, and 50. Is there a second from Councilmember Ellinger? Thank you. Those in favor of suspending the rules, please indicate by saying aye. Opposed, no. The motion carries. Madam Clerk. Do I take that as a unanimous vote or one nay? One nay. Thank you. I'll record that. Resolution number 33. A resolution accepting the bid of Pathmaster Incorporated establishing a price contract for traffic signal controllers for the Division of Traffic Engineering. Number 44. 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 and temporary construction easements from East End Church of Christ Incorporated for property located at 3055 Todd's Road for the Cadentown Sanitary Sewer Project and authorizing payment in the amount of $15,500 plus usual and appropriate closing costs. Number 45. 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 sanitary sewer easement and temporary construction easement from Our House on Todd's LLC located at 3021 Todd's Road for the Cadentown Sanitary Sewer Project at no cost to the Urban County Government with usual and appropriate closing costs. Number 46. 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 sanitary sewer easement and temporary construction easement from Daniel Morton Webster III located at 3041 Todd's Road for the Cadentown Sanitary Sewer Project at no cost to the Urban County Government with usual and appropriate closing costs. Number 47. A resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a certificate of consideration and accept a deed for conveying a permanent sanitary sewer easement and temporary construction easement from Michael Height located at 3045 Todd's Road for the Cadentown Sanitary Sewer Project at no cost to the Urban County Government with usual and appropriate closing costs. Number 49. Or 48, excuse me. 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 sanitary sewer easement and temporary construction easement from Jeffrey S. Leonard located at 3017 Todd's Road for the Cadentown Sanitary Sewer Project at no cost to the Urban County Government with usual and appropriate closing costs. Number 49. 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 sanitary sewer easement and temporary construction easement from our house on Todd's LLC located at 3051 Todd's Road for the Cadentown Sanitary Sewer Project at no cost to the Urban County Government with usual and appropriate closing costs. And number 50. 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 sanitary sewer easement and temporary construction easement from Courtney S. Burton located at 3073 Todd's Road for the Cadentown Sanitary Sewer Project at no cost to the Urban County Government with usual and appropriate closing costs. Thank you very much. That completes the reading. Is there a motion to approve those resolutions? So moved. Council Member Blevins has moved. And I think Council Member DeCamp seconded that those resolutions be approved. Any discussion? Seeing none, we'll proceed to vote. Those in favor of approving resolutions 33 and 44 through 50, please indicate by voting aye electronically. Those opposed vote nay. And Madam Clerk, please call the roll. Dr. Stevens? I got your vote. Mr. Stennett? Mr. Stennett? Thank you. Mr. Beard? Aye. Mr. Blevins? Yes. Mr. Blues? Yes. Ms. Crosby? Yes. Mr. DeCamp? Yes. Mr. Ellinger? Yes. Ms. Gorton? Aye. Mr. Gray? Aye. Mr. McChord? Yes. And Mr. Myers? Yes. Thank you. Thank you very much. Those resolutions are approved. That concludes our ordinances and resolutions for the evening. There are a few communications from the Mayor. A motion to approve those would be in order. I have a motion by Council Member DeCamp, seconded by Council Member McChord, that the communications from the Mayor be approved. Any discussion? Seeing none, those in favor, please vote aye. Those opposed, no. The communications are approved. There are a number of communications for information purposes only. I'll leave those to your reading. Are there any announcements? Seeing none, we'll proceed to public comment. And I think we have a list of folks who wish to address the Council here. Thank you. The only individual who has signed up indicating a desire to speak is Diana Butler. So, Ms. Butler, if you would go to the podium. I have your address as 1700 Parkers Mill. And you'll have three minutes, ma'am. Diana Butler, 1700 Parkers Mill Road. As a Fayette County resident, a registered voter, a taxpayer, an urban county government employee, and the CSEA representative for family services, I come before you to voice my concerns in regard to the Mayor's proposal to not grant pay raises to those urban county government employees who do not have collective bargaining rights. LFUCG is a public entity, not a private business. LFUCG provides services for the citizens of Fayette County, important and vital services. Yes, I do agree that there exist more efficient and effective ways in which these services can be delivered. Yes, these times do require that the Mayor and the Council be held accountable for the most economical manner in which to deliver these services to the citizens. But does this justify not giving a world at work pay raise to those employees who are not represented by a union? The majority of such employees are residents of Fayette County, are registered voters, all certainly are taxpayers, and most have decided to make public service a chosen profession. As those employees who have collective bargaining abilities continue to receive annual pay raises, annual increases to the benefits pool, and other perks, the remainder of the urban county government employees are at the mercy of the Mayor and you, Council members, to grant any pay raise, any increase in the benefit pool, and any perks that may come our way. These civil servants do provide necessary and vital services to the citizens of Fayette County. Please remember this as you consider the annual budget. Thank you, Ms. Butler. Let me just advise the Council the Mayor hasn't made any proposal one way or the other yet and won't be doing so until the budget is presented on April 8th, but just wanted to clarify that so that anybody that may be listening will not be confused. Does anyone else wish to address the Council? Commander? I believe it's Commander now. Is that right? Yes, sir. Thank you. Congratulations. I appreciate it. Thank you, sir. I have four letters of conformity assigned by Chief Bastin and Commissioner Bennett brought to you on disciplinary issues for the Police Department. The first is an allegation with the Officer Matthew Gordon in committing the offense of operation of a safe vehicle in violation of General Order 73-2H. It is alleged on the fourth day of January 2008, the officer proceeded to a dispatch call of shots fired with emergency equipment activated. Officer Jordan lost control of his cruiser, struck a light pole. Officer Jordan's operation of his vehicle exceeded the limitations of conditions and his unsafe operation of the vehicle was the sole contributing factor in the collision. Officer Jordan was also not wearing a seat belt at the time when he was responding to the call as required by State law. Officer Jordan has signed the letter of conformity and received a 10-hour suspension without pay and loss of home fleet privileges for 40 hours. Move approval. I have a motion by Councilmember Gordon and a second by Councilmember Accord to approve the recommendation. Any discussion? Those in favor, please say aye. Aye. Opposed, no. Motion carries. Thank you. Thank you, sir. The second letter of conformity is on behalf of Officer Jeremy Brislin regarding at-fault collisions and according to General Order 73-2H, Section 140, on multiple days from 2007 to 2008, he has been involved in three at-fault collisions during the last 12 months in which he has been at fault. The details of the collisions are listed below. Officer Brislin has received retraining and letters of counseling. Regarding this, he has received a written reprimand, loss of home fleet privileges for 40 hours, and been instructed to retraining. Move approval. Second. I have a motion by Councilmember DeCamp and a second by Councilmember Gordon to approve the recommendation. Any discussion? Those in favor, please say aye. Aye. Opposed, no. Motion carries. The third agreement of conformity, sir, is an allegation from Officer David Loy Lunsford in regard to the offense of incompetence, General Order 73-2G, Section 1.1, on various days of March, November 2007. The officer has shown an inability or unwillingness to perform assigned tasks, has received written record of repeated infractions or rules, regulations, manuals, or directions as demonstrated by a written reprimand for incompetence stemming from a traffic stop in which a formal complaint was filed. He was issued a letter of counseling for failing to do a formal inspection and failing to report damage to his police cruiser, issued a letter of counseling for failing to turn in monthly activity on time and being notified by email and during several roll calls, issued a letter of counseling for failing to report to duty on time twice in a month, and an officer was needed to report to his home to check his status, and he was removed from the Spanish class due to his disruptive behavior, which included poking other officers during class and constant talking, which interfered with other officers' ability to learn. And he's also failed to turn in assignments and made no effort to make up the work. He has received a 40-hour suspension without pay and 60 days of intense supervision upon his return. So moved. Second. I have a motion by Councilmember Myers and a second by Councilmember Gordon to approve the recommendation. Any discussion? Councilmember Blues. Commander, just a question here. If an officer is deemed incompetent, wouldn't that really merit a more significant penalty even to dismissal? I mean, I'm not sure how, then, this term is defined and whether incompetence can be corrected. Yes, sir. I think Chief Bastin is currently looking at the verbiage of that in the disciplinary code that we have. I think originally it was set up as incompetence, and that's a large scale that you look at, and some of the minor infractions that fall under that are labeled as incompetence, and he's currently looking at changing that so that he can address it further. Thank you. Appreciate it. Thank you. Any further discussion? Seeing none, those in favor of approving the proposed discipline, please indicate by saying aye. Aye. Those opposed, no. Motion carries. Thank you, sir. The last allegation is also incompetence. Officer Benjamin Lemp, on various occasions through June 2007 through January 2008, failed to sufficiently perform his duties as demonstrated by the following. Mishandled evidence that resulted in the evidence being lost. Officer Lemp received a written reprimand. On 12-10-07, he failed to sign out a court attendance form as required by policy. The form was sent back to Officer Lemp for proper documentation. At the time he left court, on 1-8-0-8, he failed to complete a cocaine field test form that had been sent back for correction. Officer Lemp received a letter of counseling. 1-8-0-8, Lieutenant Hart contacted by pretrial service informing Officer Lemp attempted to obtain a bond reduction for a suspect. Officer Lemp did so to have the suspect work as a confidential informant. Officer Lemp failed to contact a supervisor or obtain proper prosecutorial approval before requesting a bond reduction for the suspect. And on 1-11-08, Officer Lemp failed to contact the county attorney's office in a prompt manner if they attempted to call him, reference several court cases. Officer Lemp received a letter of counseling. Officer Lemp receives a 40-hour suspension without pay and mandatory employee assistance program. Is there a motion to approve? I move approval of the recommendation. Second. Council Member Stephens has moved to approve the recommendation. Council Member Gordon has seconded. Any discussion? Those in favor then vote aye. Aye. Opposed, no. Motion carries. Thank you, Mr. Mayor. Thank you very much, Commander. Council Member McCord. Just a general comment. I know over the last three years certain council members have had this discussion on evenings such as this when we hear conduct with police and fire. And I see the ñ I hear what you had to say about union versus non-union. And I think that I would ask, Mayor, that Chief Bastin take a ñ and Chief Hendricks both take a very hard look at the disciplinary actions that can be taken because these are two entities that we actually would hold to a higher standard. We hold them to a higher standard in pay and benefits and everything. And I think that that's part of the frustration with some folks in the audience. And I know it kind of pains me to vote yes on some of these disciplinary actions that I think are way too light. We have one of the most phenomenal police departments in the country. And we continue to win awards. And we hold them to very high standards. And I think that it's very bothersome to kind of hear slaps on the wrist or things that I know that the police can't do much further than what they are bringing forward to us. But I would ask that we take a very long, hard look. And I would ask Chief Bastin if he and Chief Hendricks can take a look at these groups and the discipline that is offered because I think this body and the citizens and I think other employees would say that we do hold them to a higher standard in a lot of cases. So I just felt like we needed to get that on record. Thank you, Mayor. Thank you, Council Member McCord. Commissioner Bennett, would you relay those sentiments to the chiefs for me, please? Thank you. Mr. Barnett. My name is Jack Barnett. I live at 211 McDowell Road. I just want to take this opportunity to thank the council members who deliberated on our request for the CSEA time. And I know you guys spent a lot of time because we sat here for one solid hour one night kicking it around. And then you all had other meetings. And I know you get bombarded sometimes from the employees. And you think we don't appreciate you, but we do. Because I know you all really have our best interests at heart. And, you know, we'll abide by the flex time. And just I want to thank all of you. Thank you very much, Mr. Barnett. Anyone else wish to address the council? My name is David Sams. I live at 2853 Winter Garden Drive. And I've given Ms. James a copy of the House Bill 519, which was 614 and 06. And this bill I don't think has been brung before the council. And the question is why. Because I think that every piece of legislation that affects this government should be brung before the council and let them decide, yes, we will support it or we won't. So it is House Bill 519. And at this time it is in dire need of help in the House right now. I'm talking to Tom Buford, which may have something that he can tag it to on the Senate. So, you know, if we can get a support letter, you know, approval from this council that, yes, this is something that we want to support. You need to take a hard look at who you put in danger and who you protect and who you do not. You know, if you have deemed to clean up any spills, they're dressed head to toe. We collect this stuff every day with little and no protection. Hazards does not stop on our job when we retire. We carry them hazards along with us in retirement. So you need to think of these things and consider them because there's not just a few people that has those hazards in their jobs. And I appreciate you all give us consideration. And we need this letter right away. Thanks. Thank you, Mr. Sands. Does anyone else wish to address the council? Seeing none, a motion to adjourn would be in order. I have a motion by Council Member Myers and a second by Council Member Crosby. Those in favor of adjourning, please indicate by saying aye. Opposed, no. Motion carries. Thank you very much.