# Urban County Council Meeting - April 24, 2008 > Auto-transcribed civic record · Council · April 24, 2008 - **Permalink**: https://meetings.lexingtonky.news/meeting/477 - **Source video**: https://lfucg.granicus.com/player/clip/477?view_id=14&redirect=true - **Date**: 2008-04-24 - **Body**: Council - **Last revised**: March 1, 2026 - **Length**: 11,904 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 April 24, 2008, at 7:00 PM in Lexington, Kentucky, with Mayor Jim Newberry presiding. The meeting addressed three main agenda items, including a Carnegie Medals presentation that served as an informational item, along with second readings of ordinances and resolutions that were both approved by the Council. During the session, Council members conducted three formal votes and heard one public comment from a community member. The meeting successfully completed its legislative business with the passage of the ordinances and resolutions on their second reading, while also recognizing recipients of Carnegie Medals for their distinguished service or heroism. ## Attendance All council members were present for the April 24, 2008 meeting. **Present:** • Jim Newberry • Blevins • Blues • Crosbie • DeCamp • Ellinger • Gorton • Gray • Henson • James • Lane • McChord • Myers • Stevens • Stinnett • Beard **Absent:** None **Late:** None ## Votes and Decisions The Council conducted three votes during the April 24, 2008 meeting, all of which passed unanimously. **Ordinances Second Reading Approval** [timestamp: 07:00] Dr. Stevens motioned to approve ordinances given second reading, with Ms. James providing the second. The motion passed by roll call vote with 15 ayes, 0 nays, and 0 abstentions. All Council members voted in favor: Blevins, Blues, Crosbie, DeCamp, Ellinger, Gorton, Gray, Henson, James, Lane, McChord, Myers, Stevens, Stinnett, and Beard. **Amendment to Ordinances Language** [timestamp: 07:00] Mr. Blues motioned to amend the ordinances by replacing the word "will" with "may" regarding cost of living increases, with Ms. Gorton seconding the motion. The amendment passed by voice vote with no opposition recorded. **Resolutions Second Reading Approval** [timestamp: 14:00] Mr. Blevins motioned to approve resolutions given second reading, seconded by Mr. Blues. This motion also passed unanimously by roll call vote with 15 ayes, 0 nays, and 0 abstentions. The same 15 Council members who voted for the ordinances approval also voted in favor of the resolutions: Blevins, Blues, Crosbie, DeCamp, Ellinger, Gorton, Gray, Henson, James, Lane, McChord, Myers, Stevens, Stinnett, and Beard. All three votes demonstrated complete Council unity, with no dissenting votes or abstentions recorded on any of the measures considered during this meeting. ## Budget and Financial Actions The Council approved several significant financial actions during the April 24, 2008 meeting, totaling over $15 million in contracts, grants, and purchases. **Major Infrastructure Contract** The largest expenditure was a $11,451,451 contract awarded to Garney Construction, Inc. for the North Elkhorn Force Main Project, representing a major infrastructure investment for the city's wastewater system. **Building Maintenance Contracts** The Council approved boiler replacement contracts for multiple city facilities. HMC Service Co. received $33,895 for boiler replacements, while TP Mechanical Contractors was awarded $58,550 for similar work at the Phoenix Building, Government Center Annex, and Downtown Arts Center. **Grant Acceptances** The Council accepted multiple federal and state grants totaling over $3.9 million: • $3,508,372 for the Community Development Block Grant Program • $173,458 for the M.A.S.H. Drop Inn Facility • $155,580 for the 2008 Summer Food Service Program • $83,980 for Senior Citizens Center operations • $40,000 for the Traffic Safety Program • $23,393 for a Rajant InstaMESH Breadcrumb deployable Wi-Fi system **Equipment Purchase** The Council authorized the purchase of 9-1-1 routers and associated equipment from Solacom Technologies, Inc. for $195,835 to enhance emergency communication capabilities. **Private Donation** Kentucky-American Water Company donated $5,000 to support the Reforest the Bluegrass Project, which the Council accepted to fund environmental restoration efforts. These financial actions demonstrate the Council's focus on infrastructure improvements, public safety enhancements, social services, and environmental initiatives while leveraging external funding sources to maximize the city's investment capacity. ## Public Comment During the public comment period, one resident addressed the Council regarding workplace conditions within city government. David Hollingsworth spoke about concerns regarding the morale of government workers [timestamp: 17:00]. He highlighted what he described as low morale among city employees and stressed the importance of valuing workers in accordance with existing city ordinance requirements. Hollingsworth's comments focused on the need for the city to better support its workforce and comply with established policies regarding employee treatment and recognition. No other members of the public provided comments during this portion of the meeting. ## Appointments The Council approved multiple appointments and reappointments to various boards and commissions during the April 24, 2008 meeting. **Bluegrass Crimestoppers Board** received three new appointments: • Ronnie Bastin • Douglas L. Vowels • Charles T. Mateyoke **CASA Board** gained four new members: • Cameron C. Shoaf • Armine P. Hutchens • Pamela L. Weeks • Annemarie M. Vandervort **Civil Service Commission** appointed Elisa F. Smith as a new member. **Convention and Visitors Bureau Board** welcomed three appointees: • Mary Wathen • Rich Johnston • Bradley J. Swales **Dunbar Neighborhood Center Board** added two new members: • Deborah Majeed • George W. Wilson **Henry Clay Memorial Foundation Board** reappointed Brenda Pettit to continue her service. **Human Rights Commission** appointed Christopher Ford as a new member. **Infrastructure Hearing Board** reappointed Francis (Sandy) X. Camargo to another term. **Masterson Station Park Advisory Board** saw both new and continuing appointments: • Andres Cruz (appointed) • Janet Cowen (reappointed) • Mike Massey (reappointed) • Robert Russell-Tutty (reappointed) **Rural Land Management Board** appointed two new members: • Don Robinson • Bill Thomason These appointments fill vacancies and ensure continued representation across the various boards and commissions that advise the Urban County Government on specialized matters ranging from public safety and tourism to parks and rural development issues. ## Carnegie Medals Presentation [timestamp: 03:00] Police Chief Ronnie Bastin and Walter Berkowski presented Carnegie Medals to Officer Bryan Jared and Deputy Jon R. Sallee during the Council meeting for their heroic actions in saving the co-pilot of Flight 5191. The Carnegie Medal is awarded by the Carnegie Hero Fund Commission to individuals who risk their lives to save others. Officer Jared and Deputy Sallee received this prestigious recognition for their courageous response during the Flight 5191 emergency, where they successfully rescued the aircraft's co-pilot. Chief Bastin and Berkowski highlighted the exceptional bravery demonstrated by both officers during this critical incident. The presentation served as a formal recognition of their life-saving efforts and dedication to public service. This was an informational presentation with no action required by the Council. The ceremony honored the recipients' heroism and brought public recognition to their extraordinary service to the community. ## Ordinances - Second Reading [timestamp: 07:00] The Council conducted second readings of various ordinances during the April 24, 2008 meeting, covering contracts and grants for infrastructure and community programs. Dr. Stevens and Ms. James served as the primary speakers for this agenda item, presenting the ordinances that had previously received first readings at an earlier meeting. The ordinances under consideration included provisions for infrastructure improvements and funding for community programs, though specific details of individual ordinances were not provided in the available materials. As part of the standard legislative process, these second readings allowed for final Council review before voting. The ordinances were approved following the second reading presentations and any associated discussion. *Note: Limited transcript details were available for this agenda item. Readers seeking more specific information about individual ordinances discussed may wish to review the complete meeting video or contact the city clerk's office for detailed ordinance texts.* ## Resolutions - Second Reading [timestamp: 14:00] The Council conducted second readings of several resolutions during this portion of the meeting. The resolutions addressed contracts and agreements for community services and infrastructure projects. Mr. Blevins and Mr. Blues served as the primary speakers during the discussion of these resolutions. The items had previously received first readings and were now being considered for final approval. The resolutions covered various municipal contracts and agreements related to community services and infrastructure development projects. These types of resolutions typically involve formal approval of spending, contractor selections, or service agreements that require Council authorization. Following the second reading process, the resolutions were approved by the Council. The approval allows the city to move forward with the contracts and agreements outlined in the resolutions. The second reading process is a standard procedural requirement that provides Council members and the public with additional time to review proposed resolutions before final approval. This ensures proper deliberation on municipal spending and contractual commitments. --- ## Decisions - **Motion** — passed (15-0): Approval of ordinances given second reading - **Motion** — passed (0-0): Amendment to replace 'will' with 'may' in ordinances regarding cost of living increases - **Motion** — passed (15-0): Approval of resolutions given second reading --- ## Full transcript Order if we could, Madam Clerk, would you call the roll? Mr. Blevins? Mr. Blevins? I'm here. Thank you. Mr. Blues? Here. Ms. Crosby? Here. Mr. DeCamp? Here. Mr. Ellinger? Here. Ms. Gorton? Here. Mr. Smith? Here. Ms. James? Here. Mr. Lane? Here. Mr. McCord? Here. Mr. Myers? Here. Dr. Stevens? Present. Mr. Stennett? Present. And Mr. Beard? Present. Thank you. The quorum is present, so we'll proceed. It's my pleasure to ask Pastor Frank McClanahan of the Metathoric Baptist Church to come to the podium to provide our invocation this evening. Let's bow our hearts in prayer. Our Father and our God in heaven, we're thankful for this opportunity. We give you all honor and praise. And Father, we know that you rule in the armies of heaven and in the heavens of the earth. We ask, Father, now on behalf of this council and our mayor, Mr. Newberry, that you would direct the minds and the hearts of this council and these folks that are here to take care of business of our city. We ask you, Father, to be with us in all things, and we'll give you all the honor and praise. For it's in our Savior's name, Jesus Christ, we pray. Amen. Please be seated. We have a very special presentation this evening, so I would like for those who are involved to step forward to the podium, please. Mr. Mayor and Council, thank you for allowing us the opportunity to present this very special award to two very deserving individuals tonight. On December 20, 2007, the Carnegie Hero Fund Commission announced that Officer Brian Jarrett of the Lexington Division of Police was selected as one of 21 recipients of the Carnegie Medal. On April 10, 2008, Jessamine County Sheriff's Deputy John Sallee was named as one of the 22 Carnegie Medal recipients. Both are being recognized for their heroism associated with entering the cockpit and rescuing the severely injured co-pilot from the wreckage of Comair Flight 5191. We are honored to have with us this evening Mr. Walter Rakowski, the Executive Director and Secretary of the Carnegie Hero Fund Commission. Walter joined the Hero Fund in 1973 as a case investigator and was subsequently named Board Secretary and then Executive Director. The Hero Fund is a 104-year-old private foundation established by Andrew Carnegie and is based in Pittsburgh. The Hero Fund covers all of the United States and Canada, and 10 other Carnegie Hero Funds are located throughout Western Europe. Before Mr. Rakowski's presentation, we would ask that you watch this brief overview of the history of the Carnegie Medal, entitled, Heroes Among Us. On January 25, 1904, an explosion 200 feet underground rocked the Harwick Coal Mine, 15 miles north of Pittsburgh. 180 miners were working there on that bitterly cold day. Immediate calls for aid went out, and mine engineer Sullivan Taylor quickly responded. He and others entered the mine and brought 16-year-old Adolph Gunia to the surface. He was the only one of the miners to leave the mine alive. Sullivan Taylor tragically did not survive the rescue mission. He died soon after from the effects of the toxic gases. In another rescue attempt the next day, coal miner Daniel Lyle entered the mine despite the known dangers, but he too perished. 181 men died in the Harwick Mine disaster. News of this awful tragedy traveled around the world. In a 64-room mansion in New York's Upper East Side, it caught the attention of Andrew Carnegie, the world's richest man. The deaths of the miners and the rescuers touched him so deeply that he would create an organization that would be, in his own words, without parallel in the history of human benevolence. When he set up the commission, Carnegie focused on something that was of enduring value to human beings, and it's just as valuable today. So we received a call from one of the folks that worked with the FAA. He said, I think we're missing an aircraft. As I approached the river, the overwhelming thing was that this was as desperate as a scene could be. I was thinking that I have to try something, and so I just kept running until I got to the edge of the river, and then I just hopped. I could live with myself if I attempted to do something and failed on that occasion. Even if I didn't survive it, I could figuratively live with that. If I did nothing, I don't know if I could live with that. Heroes are people who put themselves in danger of life or serious injury to save the life of someone they love. We ask, did they leave a place of safety? Did they put themselves in danger of death or serious injury? And the subsidiary question, did they understand that? And finally, did they do it to rescue another human being? As I was making my way out toward them, I was yelling to them that I was coming out because the object of this whole thing was to give them some measure of hope. And if I could just buy them a little time, maybe somebody could do something. Maybe not me, but somebody could. We shot an approach into the main wreckage area and immediately saw someone struggling in the water. We weren't really sure how long they'd been in the water, but we knew that time was critical. So I told Don, well, let's go in right on the top, and let's see what happens. So we went right on the top and picked this lady up because it seems she's having some problems. So he did, he did a magnificent job of putting me right on top of her, and my end of the skid I was standing on out there went under the water, and that just allowed me when I leaned over and got a hold of her, I could just float her right up on the skid with me. Right away he told me that we were taking on water and that the back of the aircraft was going into the water. I had to compensate for his weight plus her weight to make sure the tail rotor didn't touch the water surface. And as soon as he said go, then I went. As we approached the shoreline, the rotor system was at forehead level, so we had to raise an altitude to not kill people on the shoreline. They had dropped two lines from the helicopter. One girl grabbed one of them, then there was a man and a girl grabbed the other one. The guy's hanging on to the buoy and the girl's hanging on to him, and the helicopter starts coming towards the bank. The first girl falls off, then the second girl falls off, and she's on a slab of ice. She grabs the buoy again with both hands, starts towards the bank. The minute she comes off the ice slab, one of the arms comes out of the buoy. At that second, I'm taking my boots and my coat off, and I've decided I'm going in after her. So I make my way to the embankment, dive in the water, swim out to her, position myself behind her the best way I could. So I just grabbed her, give her a little push, get her head above the water, and then firemen waded in, grabbed her, and then I swam off to the side. That was mission accomplished. Ten minutes. That's all it was. I think a hero is somebody who does something because something inside wakes up and says, you've got to do that, and what they do is positive, and it does something, it changes somebody's life. I think that's a hero. I think the important thing in acknowledging heroic acts, heroic people, is that people come to see that the ones that they're looking up to as heroes are really no different from themselves, and that everyone has the capability of doing extraordinary things under extraordinary circumstances, and more importantly, that even under circumstances that are not extraordinary, that we all have the capability of helping each other, and we're at our best when we do that. Our heroes are as different among themselves as all human beings are, but if there's a theme that runs through their reactions, it's a little bit of surprise and a little bit of humility, a little bit of disbelief that what they did was so very special. But one of the nice things about the commission and the award is that we're there to say, oh yes, it was special. The Carnegie Hero Fund Commission awarded its first medal to 17-year-old Louis Bauman, who in 1904 saved a childhood friend from drowning. In 1956, Dorothy Koch was honored for saving two policemen during a shootout in a Cleveland nightclub. Dorothy was struck by a bullet and paralyzed for life. World-ranked boxer Rudell Stitch is one of only four people to have received the Carnegie Medal twice, in 1958 and again in 1960. He was involved in rescues near a dam on the Ohio River in Louisville, Kentucky. He and the victim survived the first, but both died in the second. Over its history, the Carnegie Hero Fund has awarded the Carnegie Medal to thousands of individuals who have risked their lives on behalf of others, and has distributed millions of dollars in grants, tuition, and other financial assistance to them and their families. It is an enormous legacy, representing thousands of lives saved, thousands of children who would be born and raised, work that would be done. The power and dignity of these actions resonates to this day when new heroes walk among us. On a busy street corner, Andy Johnson disarmed and subdued a man attacking a young woman with an 8-inch meat cleaver. People always ask me why I did it, and I think it's because they're trying to figure out whether or not they would do it themselves. When a sniper opened fire on her college campus, Holly Garlitz ran out into the line of fire to pull a wounded classmate to safety. Things could have turned out so differently that day, but it's made me grateful for everything that I have. While attending a ball game, Ramonda Freeman rescued a wounded boy from the middle of a gunfight between rival gangs. He's just a kid, and I'm a mom, and I wasn't going to just leave him. Helicopter pilots Kevin Caffrey and Jeffrey Miller executed a perilous and technically challenging rescue of a woman clinging to a small tree in the Niagara River. When we get a call that we're up in Niagara Falls, certainly your heart skips a beat. All it takes is one mistake. What do the heroes have in common? It can be said about all of them that they have an ethic of caring. In one single inspired moment, one selfless act, they put another's life ahead of their own. When you look back over our history, you see the medals and the people who won them. You think about the people whose lives were saved, the lives that were lost. It seems massive, but the thing we always remember is it was done one rescue at a time, one decision at a time, by one individual, and that's what we're honoring. I do not expect to stimulate or create heroism by this fund, knowing well that heroic action is impulsive. The Hero Fund is for watching, applauding, and supporting the heroic action, wherever displayed and by whomever displayed. At least this is my hope. At this time, I'd like to invite Mr. Rutkowski to come forward and present Officer Jared and Deputy Sally with their Carnegie Medals. Thank you, Chief. I would ask Officer Jared and Deputy Sally to join me at the podium. Mr. Mayor, Members of Council, Chief Bastin, on behalf of the Carnegie Hero Fund Commission, thank you very much for making the opportunity available to us this evening. It's a distinguished event for us as well. As you've just seen, for more than a century, the Carnegie Hero Fund Commission has recognized extraordinary acts of selfless heroism throughout the United States and Canada. To date, 9,173 Carnegie Medals have been awarded, 151 in Kentucky, and financial grants totaling more than $30 million have been given to the awardees or to the families of those killed performing an act of heroism. A sobering statistic is that 21 percent of our awards are granted posthumously. Usually, the award goes to those of us who are common citizens, those whose jobs do not carry the charge of overseeing the safety of the general public. On occasion, however, acts of lifesaving performed under extreme conditions by professionals set themselves apart to beg a wider audience. To say these men and women act above and beyond the call of duty is understatement when, in truth, their actions approach the limits of human capability and resolve. The day we are calling to mind this evening is one of great sadness for the Lexington community. Our hearts go out to the families of those 49 individuals killed in the Comair tragedy and to those who continue to deal with its aftermath. Insofar as comprehension and acceptance and healing are possible, may they be blessed in obtaining it. The aspect of August 27, 2006, that we attempt to articulate here reflects on the professionalism and devotion of those agencies called to respond. Within minutes of the crash, Officer Brian Thomas Jarrett of the Lexington Division of Police was on the scene to discover unspeakable effects and virtually intolerable conditions. The heat of the plane's burning body was such as to keep him 60 feet from it. Advancing toward the severed cockpit, he looked through a gap in the wreckage to find the plane's co-pilot, its first officer, strapped in and suspended above. We have found that hope of life is an extreme prompt. As flames issued from the cockpit's nearby escape hatch, Officer Jarrett entered the wreckage and tugged to save a world. The co-pilot did not budge. Arriving about then was Officer John R. Sally, one of two immediately responding officers of the Blue Grass Airport Department of Safety. He too entered the wreckage of the cockpit and knew to urge Officer Jarrett to push the co-pilot up to release the safety belt. With Officer Sally then releasing the belt, the co-pilot dropped. With difficulty, the two officers then freed him completely of the clutch of the wreckage and pulled him out of it. Helped by the second arriving airport officer, the victim, James M. Polhinky, the only survivor of the crash, was fed to treatment and to resumption of life itself. To these gentlemen standing with me, may I be so bold as to say that you reflected well not only on your departments and your performance with them, not only on yourselves and those who raised, guided, and trained you, but on mankind itself as you were simply the best that we could offer to a soul in desperate need, tried as you were by fire on a minute's notice. Officer Jarrett, civilized society is herewith pausing to acknowledge not your devotion to duty, but your devotion to mankind, offered at potential of great cost. It is with deep humility and respect that we award you the Carnegie Medal. Thank you. Officer Sally, the Bible verse that appears on your medal says that no one has greater love for his fellow man than to lay down his life for him. It is our great honor to award you the Carnegie Medal. Thank you. Mr. Rutkowski, thank you for your willingness to come to Lexington to make this a very special day for all of us. With us tonight we have my predecessor, former Chief Beatty, and Sheriff Kevin Corman from the Jessamine County Sheriff's Office, who is the employer of John Sally now. Thank you all for coming tonight. Our community still mourns the lives lost that tragic morning. We are truly grateful for the actions of these two heroes, the bravery of Blue Grass Airport Department of Public Safety Officer James Malkin, who is also here tonight, and the courage of the countless other first responders who rushed to the scene that fateful day. We are indeed fortunate that there are many heroes among us who serve and protect our citizens every day. Thank you. Thank you, Chief. And on behalf of a community very grateful for your service, let me say to Deputy Sally and Officer Jared, thank you very much. As was said in the video a few moments ago, your conduct really was special, and it is the kind of conduct that I am confident many others involved in our Department of Public Safety and police and fire and others would replicate when called into a similar situation. So thank you very, very much for your service. And, Mr. Berkowski, let me say thank you for the Carnegie Hero Fund Commission having recognized these two very special individuals. Thank you for being here this evening. With that special presentation completed, Madam Clerk, we'll turn the microphone over to you for the reading of ordinances entitled to second reading. Ordinance number 1, an ordinance accepting the bid of Garney Construction Incorporated in the amount of $11,451,451 for the North Elkhorn Forest Main Project and appropriating funds pursuant to Schedule No. 162. Number 2, an ordinance accepting the bid of HMC Service Company in the amount of $33,895 and the bid of TP Mechanical Contractors in the amount of $58,550 for boiler replacements for the Phoenix Building Government Center Annex and Downtown Arts Center and appropriating funds pursuant to Schedule No. 161. Number 3, an ordinance authorizing and directing the Mayor on behalf of the Urban County Government to execute and submit a grant application to the Kentucky Transportation Cabinet to provide any additional information requested in connection with this grant application and to accept this grant if the application is approved, which grant funds are in the amount of $40,000 federal funds for continuation of the Traffic Safety Program for the Division of Police, the acceptance of which obligates the Urban County Government for the expenditure of $40,000 as a local match, appropriating funds pursuant to FY 2009 Schedule No. 2 and authorizing the Mayor to transfer unencumbered funds within the grant budget. Number 4, an ordinance authorizing and directing the Mayor on behalf of the Urban County Government to execute and submit a grant application to the U.S. Department of Health and Human Services to provide any additional information requested in connection with this grant application and to accept this grant if the application is approved, which grant funds are in the amount of $173,458 federal funds for operation of the MASH drop-in facility, the acceptance of which obligates the Urban County Government for the expenditure of $17,346 to be provided by the MASH drop-in operating budget, appropriating funds pursuant to FY 2009 Schedule No. 1 and authorizing the Mayor to transfer unencumbered funds within the grant budget. Number 5, an ordinance submitting Section 21-5 of the Code of Ordinances abolishing two positions of Plant Operations Supervisor Senior, Grade 117E, and creating two positions of Plant Operations Supervisor Senior, Water and Air Quality Control, Grade 118E, and reclassifying the incumbents in the Division of Water and Air Quality and appropriating funds pursuant to Budget Schedule No. 158. Number 6, an ordinance authorizing and directing the Mayor on behalf of the Urban County Government to execute and submit a grant application to the Kentucky Department of Education, Division of School and Community Nutrition to provide any additional information requested in connection with this grant application and to accept this grant if the application is approved, which grant funds are in the amount of $155,580 federal funds for the 2008 Summer Food Service Program, the acceptance of which does not obligate the Urban County Government for the expenditure of funds, appropriating funds pursuant to Schedule No. 166 and authorizing the Mayor to transfer unencumbered funds within the grant budget. Number 7, an ordinance authorizing and directing the Mayor on behalf of the Urban County Government to execute and submit a grant application to the Blue Grass Area Development District to provide any additional information requested in connection with this grant application and to accept this grant if the application is approved, which grant funds are in the amount of $83,980 federal funds for the operation of the Senior Citizen Center in FY 2009, the acceptance of which obligates the Urban County Government for the expenditure of $139,390 as a local match, appropriating funds pursuant to FY 2009 Schedule No. 3 and authorizing the Mayor to transfer unencumbered funds within the grant budget. Number 8, an ordinance authorizing and directing the Mayor on behalf of the Urban County Government to execute and submit the 2008 Consolidated Plan grant application to the U.S. Department of Housing and Urban Development to provide any additional information requested in connection with this grant application and to accept the grant if the application is approved, which grant funds are in the amount of $3,508,372 federal funds are for the FY 2009 Community Development Block Grant Program $2,045,837, Home Program $1,356,982, Emergency Shelter Grant Program $91,408, and the American Dream Down Payment Initiative $14,145, the acceptance of which obligates the Urban County Government for the expenditure of $319,323 from various funding sources as local cash match and $67,408 in kind match, appropriating funds pursuant to FY 2009 Schedule No. 4 and authorizing the Mayor to transfer unencumbered funds within the grant budget and authorizing the Mayor to execute agreements for the approved plan. Number 9, 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 $23,393 federal funds are for the purchase of Rajant Instamesh breadcrumb deployable 2.4 GHz Wi-Fi wireless system for the Division of Fire and Emergency Services, the acceptance of which does not obligate the Urban County Government for the expenditure of funds, appropriating funds pursuant to Schedule No. 160 and authorizing the Mayor to transfer unencumbered funds within the grant budget. Number 10, an ordinance amending Section 21.5 of the Code of Ordinances creating one position of Municipal Engineer Senior, Grade 119E and amending Section 22.5 of the Code of Ordinances creating one temporary position of Municipal Engineer Senior, Grade 119E and one temporary position of Municipal Engineer Senior part-time, Grade 119E, both for a term of four years, ending April 24, 2012, all within the Division of Water and Air Quality, appropriating funds pursuant to Budget Schedule No. 157. Number 11, an ordinance amending Section 22.5 of the Code of Ordinances creating two positions of Social Worker Senior part-time, Grade 113E and abolishing one position of Social Worker Senior, Grade 113E and reclassifying the incumbent in the Division of Adult Services and appropriating funds pursuant to Budget Schedule No. 159. Number 12, an ordinance amending Section 5-1 of the Code of Ordinances to adopt the current edition of the Kentucky Uniform Statewide Mandatory Building Code in the Kentucky Residential Code and to provide that the Division of Building Inspection is under the general supervision of the Commissioner of Public Works and Development. Number 13, an ordinance amending Section 3 and 4 of Ordinance No. 34-2008 to provide that the 30% discount program established therein shall be available to citizens receiving Social Security disability benefits who are otherwise qualified under this section to limit eligibility to only one discount program and to correct a clerical error. Number 14, an ordinance requiring that no building permit for the new structure or expansion of any existing structure by more than 25% in floor areas shall be issued for any structure on property abutting Newtown Pike between West Main Street and the Urban Service Area boundary unless the plans submitted in conjunction therewith are in accordance with a particular landscape profile. Requiring that each property owner be responsible for any and all landscaping and fencing required to be installed upon his property under the terms of this ordinance. Requiring that whenever issuance of a building permit requires prior approval of a development plan or subdivision plat that the requirements of this ordinance be included on such development plan or such subdivision plat and authorizing the Corridors Committee on recommendation from the Division of Building Inspection to approve an alternative landscape plan if the topography of the land, existing utility easements and or other unique factors would not permit the property owner to comply with the requirements of this ordinance. Number 15, an ordinance authorizing and directing the Mayor on behalf of the Urban County Government to accept a donation from Kentucky American Water Company in the amount of $5,000 for the Reforest the Bluegrass Project and appropriating funds pursuant to Schedule No. 165. Number 16, an ordinance authorizing the Division of Enhanced 9-1-1 to purchase two 9-1-1 routers and associated equipment, licenses, software and support for Solacom Technologies, Inc., a sole source provider for implementation of a regional 9-1-1 system at a cost not to exceed $195,835 and appropriating funds pursuant to Schedule No. 164 and Number 17, an ordinance amending certain of the budgets of the Lexington-Fayette-Urban County Government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds to Schedule No. 156. Thank you. You've heard the ordinances that have received their second reading. Is there a motion? Second. Council Member Stephens has moved to approve those ordinances and I have a second by Council Member Crosby. Any discussion? I'm sorry. Council Member James, I'm sorry. I have the second. Any discussion? Seeing none, we'll proceed to vote. Those in favor of those ordinances, please indicate by voting aye electronically. Those opposed, vote nay. And Madam Clerk, please call the roll. 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. Mr. Myers. Yes. Dr. Stephens. Aye. Thank you. Mr. Stennett. Aye. And Mr. Beard. Aye. Thank you. Thank you very much. Those ordinances are approved. Madam Clerk, if you'll give first reading to the ordinances that are entitled to first reading. Mayor. Council Member Blues. Before we begin the first readings, I'd like to make a motion, if I may. That would be appropriate. Okay. With reference to items 21 and 22, the proposed ordinances on the cost of living increases for the council and the mayor. In the second paragraph of each draft ordinance, it now reads, whereas as a result of economic conditions, only limited cost of living increases will be approved for the urban county government officers' employees in the FY 2009 budget. I would like to delete the word will and replace it with the word may. So moved. Second. I have a motion by Council Member Blues and a second by Council Member Gordon to make the amendment to items 21 and 22 as specified. Any discussion? Seeing none, those in favor of the amendment, please indicate by saying aye. Opposed, no. Motion carries. Both 21 and 22 are amended accordingly. Madam Clerk, if you'll give first reading. Okay. We'll start with ordinance number one. Number 18, excuse me. An ordinance changing the zone from a planned neighborhood residential R3 zone to a light industrial I-1 zone for 13.63 net, 13.63 gross acres of property located at 2040 Sandersville Road, a portion of. Subject to certain use and buffering restrictions imposed as conditions of granting the zone change would all realty company LLC. Number 19, an ordinance authorizing and directing the mayor on behalf of the urban county government to execute a fifth amendment to agreement with the Kentucky Transportation Cabinet for $28,600 in additional federal funds for design of the West Hickman Trail to the acceptance of which obligates the urban county government for the expenditures of $7,150 as a local match and appropriating funds pursuant to schedule number 168. Number 20, an ordinance creating section 17-29.1 subsection C of the code of ordinances to provide for the removal of encroaching tables, chairs, and other vestiges of an outdoor cafe by the urban county government from a business that is operating without a permit to amend section 17-29.3 subsection C and 17-29.5 of the code to provide for the Department of Public Works and Development instead of the Department of Public Safety To create section 17-29.5 subsection C of the code to provide for automatic revocation of a permit in the event of a business is noticed of three or more violations relating to encroaching upon pedestrian and vehicular traffic within any 30 day period and to renumber the existing subsections to be consistent with the above. Number 21, as amended, an ordinance waiving the provisions of ordinance number 112-97 which provide for a cost of living for the mayor during the calendar year 2008. Number 22, as amended, an ordinance waiving the provisions of ordinance number 95-97 which provided for cost of living increases for the council members during calendar year 2008. Number 23, an ordinance amending certain of the budgets of the Lexington Urban County Government to reflect current requirements for funds in the amount of $825 for the Division of Police from neighborhood development funds for boxing classes conducted by the Police Activities League and appropriating and reappropriating funds scheduled number 178. Number 24, an ordinance authorizing and directing the mayor on behalf of the Urban County Government to execute and submit a grant application to the U.S. Department of Justice Community Oriented Policing Services Office to provide any additional information requested in connection with this grant application and to accept this grant if the application is approved. Which grant funds are in the amount of $327,355 federal funds are for the purchase of thermal imaging equipment for the Division of Police Air Support Unit, the acceptance of which does not obligate the Urban County Government for the expenditure of funds appropriating funds pursuant to schedule number 171 and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 25, an ordinance authorizing and directing the mayor on behalf of the Urban County Government to accept a grant from the Kentucky Transportation Cabinet Office of Highway Safety. Which grant funds are in the amount of $15,000 federal funds are for participation in the May 2008 Ticket or Ticket Safety Belt Enforcement Mobilization Project, the acceptance of which does not obligate the Urban County Government for the expenditure of funds appropriating funds pursuant to schedule number 170 and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 26, an ordinance authorizing and directing the mayor on behalf of the Urban County Government to accept a grant from the Kentucky Transportation Cabinet. Which grant funds are in the amount of $208,000 federal funds are for the new Town Pike Landscaping Project, the acceptance of which obligates the Urban County Government for the expenditure of $52,000 as a local match appropriating funds pursuant to schedule number 174 and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 27, an ordinance authorizing and directing the mayor on behalf of the Urban County Government to accept a grant from the Kentucky Transportation Cabinet. Which grant funds are in the amount of $700,000 federal funds are for construction of the Coldstream Park Trail, the acceptance of which obligates the Urban County Government for the expenditure of $176,125 as a local match appropriating funds pursuant to schedule number 176 and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 28, an ordinance authorizing and directing the mayor on behalf of the Urban County Government to accept a grant from the Kentucky Transportation Cabinet. Which grant funds are in the amount of $650,000 federal funds are for the construction of the Town Branch Trail Phase 3, the acceptance of which obligates the Urban County Government for the expenditure of $247,950 as a local match appropriating funds pursuant to schedule number 177 and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 29, an ordinance authorizing and directing the mayor on behalf of the Urban County Government to accept donations of $2,000 from National City Corporation and $1,000 from M&M Sanitation for the 2008 Senior Intern Program and appropriating funds pursuant to schedule number 175. Number 30, an ordinance amending section 21.5 of the Code of Ordinances abolishing one position of director water and air quality, grade 122E and creating one position of director water quality, grade 123E and reclassifying the incumbent in the division of water and air quality and appropriating funds pursuant to budget schedule number 172. Number 31, an ordinance amending section 21.5 of the Code of Ordinances abolishing four positions of electrical instrumentation tech, grade 113N and creating four positions of electrical electrician, grade 114N and reclassifying the incumbents in the division of water and air quality to become effective retroactive to September 3, 2007 and abolishing one position of electrical instrumentation tech, grade 113N and creating one position of electrician, grade 114N and reclassifying the incumbent in the division of water and air quality and appropriating funds pursuant to budget schedule number 172. Number 32, an ordinance amending certain of the budgets of the Lexington-Fayette-Urban County Government to reflect current requirements for funds in the amount of $1,000 for the Division of Historic Preservation from Neighborhood Development Funds for Historic Preservation Week activities and appropriating and reappropriating funds scheduled number 179. And number 33, 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 scheduled number 169. Thank you very much. That concludes the reading of the ordinances entitled to first reading. If there are no motions and I see none, we'll proceed to the reading of resolutions entitled to second reading. Madam Clerk. Excuse me, Mayor. It's number 42. I was in resolution 42. Has that been read? First reading. We're on first. Resolution entitled to second reading. Okay. I'm sorry. That's all right. Madam Clerk. Resolution number one, a resolution accepting the bid of Ford Contracting Incorporated in the amount of $99,500 for the Wildwood Park and Johnson Heights Park bridge replacements. Number two, a resolution accepting the bid of premium pressure washing in the amount of $21,932 for pressure washing garages. Number three, a resolution. accepting the bids of Davis H Elliot Construction Company Incorporated and Arrow Electric Company Incorporated establishing price contracts for inductive loop vehicle detection and installation for the Division of Traffic Engineering. Number four, resolution accepting the bid of Mary's Cleaning Service establishing a price contract for janitorial services for the Gaines Way Police, Roll Call, Powell Empowerment and Youth Centers. Number five, a resolution accepting the bid of R&L Cleaning Service establishing a price contract for janitorial services for the Coleman House. Number six, a resolution accepting the bids of G&G Paving and Construction Incorporated, LM Asphalt Partners Ltd., Dune Businesses, ATS Construction, Randall Davies Construction Incorporated, The Allen Company Incorporated, Tom Chestnut Excavation and Construction LLC, Gooch Construction Incorporated, Conhurst LLC, ASL Excavation Incorporated, Lighthouse Plumbing LLC, Lenco Excavation, Jason Tate Contractor Incorporated, Todd Johnson Construction, Constructing Incorporated and Bluegrass Contracting Corporation establishing a unit price contract for construction for the Division of Engineering. Number seven, a resolution accepting the bid of the Walker Company of Kentucky Incorporated establishing price contract for operation of the construction and demolition debris landfill. Number eight, a resolution authorizing the Division of Fire and Emergency Services to purchase broadband communications equipment and related facilities from Natural Information Systems Incorporated, a sole source provider for the Mobile Command Post at a cost not to exceed twenty about thousand two hundred and twenty five dollars. Number nine, a resolution approving the granting of an inducement to Brayden Partners, LP, Doing Business as Pacific Pulmonary Services pursuant to the Kentucky Jobs Development Act by allowing all of its employees whose jobs have been deemed by the Kentucky Jobs Development Authority to have been created as a result of Brayden Partners, LP, Doing Business as Pacific Pulmonary Services relocating its operations to Fayette County and who are paying the service and technology job creation assessment fee to have their occupational license be reduced by one-fifth of the assessment fee for a term of not longer than ten years for the activation date established by Brayden Partners, LP, Doing Business as Pacific Pulmonary Services subject to the limitations contained in the Kentucky Jobs Development Act and taking other related action. Number ten, a resolution authorizing and directing the mayor on behalf the Urban County government to execute a memorandum of agreement with Blackburn Correctional Complex for the provision of emergency response assistance to Blackburn Correctional Complex at no cost to the Urban County government. Number eleven, a resolution authorizing and directing the mayor on behalf the Urban County government to execute a purchase of service agreement with Bluegrass Comprehensive Care Center for substance abuse treatment for adolescents at a cost not to exceed $80,000. Number twelve, a resolution authorizing and directing the mayor on behalf the Urban County government to execute an agreement with Lexington Center Corporation for renovation of the Lexington Opera House at a cost not to exceed $425,000. Excuse me, $425,000. A little bit better. Number thirteen, a resolution authorizing and directing the mayor on behalf the Urban County government to execute agreements with Glendover Elementary PTA Incorporated $1,100 and Young Marines Captain Reginald Underwood unit $875 for the office of the Urban County Council at a cost not to exceed the sums stated. Number fourteen, a resolution authorizing and directing the mayor on behalf the Urban County government to execute a certificate of consideration and to accept a general warranty deed from William H Flannery for the property located at 400 Meadow Park for the Meadows Northland Arlington Phase 3B improvements project at a cost not to exceed $66,000 plus usual and appropriate closing costs. Number fifteen, a resolution authorizing and directing the mayor on behalf the Urban County government to accept a donation of 90 loads of field dirt valued at $4,050 for use in various parks locations. Number sixteen, a resolution ratifying the probation or civil service appointments of Cheryl Cross, Administrative Specialist, grade 110N, 19.544 hourly in the Division of Revenue, effective April 14, 2008. Freddie Pensinger, Equipment Operator Senior, grade 109N, 14.359 hourly in the Division of Streets, Roads and Forestry, effective March 31, 2008. Mitchell Kriper, Equipment Operator Senior, grade 109N, 14.359 hourly in the Division of Streets, Roads and Forestry, effective April 14, 2008. David Price, Laboratory Supervisor, grade 114E, $2,083.92 bi-weekly in the Division of Water and Air Quality, effective April 14, 2008. Jonathan Cole, Electrical Instrumentation Technician, grade 113N, 19.318 hourly in the Division of Water and Air Quality, effective April 14, 2008. Ratifying the permanent civil service appointments of Tamara Audifer-Hardt, Staff Assistant Senior, grade 108N, in the Division of Police, effective March 17, 2008. Timothy Smith, Public Service Worker, grade 106N, in the Division of Parks and Recreation, effective April 15, 2008. Sharon Bradley, Customer Service Specialist, grade 110N, in the Division of Government Communications, effective April 1, 2008. Candace Fird, Customer Service Specialist, grade 110N, in the Division of Government Communications, effective April 1, 2008. Judy Higgins, Revenue Compliance Auditor, grade 114E, in the Division of Revenue, effective March 17, 2008. Robert Reine, Revenue Compliance Auditor Supervisor, grade 116E, in the Division of Revenue, effective March 17, 2008. Susan Bowie, Revenue Compliance Auditor, senior, grade 115E, in the Division of Revenue, effective March 17, 2008. Lyndon Leonard, Administrative Specialist, senior, grade 112N, in the Division of Revenue, effective March 17, 2008. Joseph Davis, Public Service Worker, senior, grade 107N, in the Division of Parks and Recreation, effective April 29, 2008. Ratifying the Promissionary Sworn Appointments of Kevin Goldie, Police Sergeant, grade 315N, 26.388 hourly, in the Division of Police, effective March 14, 2008. Gary Sennett, Police Lieutenant, grade 317E, 2007-52, 46 bi-weekly, in the Division of Police, effective March 14, 2008. Ratifying the Permanent Sworn Appointments of David Ades, Fire Major, grade 318E, in the Division of Fire and Emergency Services, effective March 17, 2008. Harold Miracle, Fire Captain, grade 316N, in the Division of Fire and Emergency Services, effective March 17, 2008. Christopher Whited, Fire Lieutenant, grade 315N, in the Division of Fire and Emergency Services, effective March 17, 2008. Approving leave of absences for Tammy Hayden, Telecommunicator, grade 111N, in the Division of Enhanced 911. Request a 30-day Council-approved leave without pay from March 27, 2008, to April 25, 2008. Kenneth Kennedy, Public Service Worker, grade 106N, in the Division of Waste Management. Request a 30-day Council-approved leave without pay from March 21, 2008, to April 19, 2008. Shelly Bindal, Dean Preparedness Coordinator, grade 113N, in the Division of Environmental Emergency Management. Request a 90-day Council-approved leave without pay from April 25, 2008, to July 23, 2008. Arnold Sidney, Custodial Worker, grade 102N, in the Division of Building Maintenance and Construction. Request a 30-day Council-approved leave without pay from April 1, 2008, to April 30, 2008. Wanda Webb, Staff Assistant Senior, grade 108N, in the Division of Engineering. Request a 90-day Council- approved leave without pay from April 1, 2008, to June 29, 2008. Number 17, a resolution authorizing the Division of Enhanced 911 to purchase 9-1-1 Channel Bank and routing equipment from Adtran Incorporated, a sole source provider for implementation of a regional 9-1-1 system at a cost not to exceed $23,272. Number 18, a resolution authorizing and directing the Mayor, on behalf of Thurman County Government, to execute a contract with Environmental Services with Bluegrass Environmental Incorporated for remedial underground storage tank work, the cost to be reimbursed by the Kentucky Division of Waste Management. Number 19, a resolution authorizing and directing the Mayor, on behalf of the Urban County Government, to execute a network services contract with Insight Kentucky Partners 2LP for provision of fiber-optic connection for the Division of Fire and Emergency Services at a cost not to exceed $11,400 per year for a three-year period subject to sufficient funds being appropriated. Number 20, a resolution authorizing and directing the Mayor, on behalf of the Urban County Government, to execute an agreement with the Kentucky Transportation Cabinet for installation of a mass armed system pole at the intersection of Starshoot Parkway and Liberty Road at a cost not to exceed $48,406.27. 21, a resolution authorizing and directing the Mayor, on behalf of the Urban County Government, to execute agreements with Isaac Scott Hathaway Museum Incorporated, $1,750, and YMCA of Central Kentucky, $1,500 for the Office of the Urban County Council at a cost not to exceed the sum stated. Number 22, a resolution authorizing and directing the Mayor, on behalf of the Urban County Government, to execute an agreement with Woodfield Homes Association Incorporated, $2,489.06 for a public project for the Office of the Urban County Council at a cost not to exceed the sum stated. 23, a resolution authorizing and directing the Mayor, on behalf of the Urban County Government, to execute an encroachment agreement with Fayette County Board of Education and the right-of-way at 460 and 461 Spring Hill Drive. 24, a resolution authorizing and directing the Mayor, on behalf of the Urban County Government, to execute an encroachment agreement with G&J Pepsi Coal Bottlers Incorporated and the right-of-way at 111 Tracton Avenue. 25, a resolution authorizing and directing the Mayor, on behalf of the Urban County Government, to execute a memorandum of understanding with the Kentucky State Police to participate in the Kentucky Internet Crimes Against Children Task Force at no cost to the Urban County Government. 26, a resolution authorizing and directing the Mayor, on behalf of the Urban County Government, to execute an amended agreement and an amended deed of permanent easement with Keeneland Association Incorporated to provide sanitary sewer service to additional facilities owned by Keeneland Association Incorporated. 27, a resolution authorizing and directing the Mayor, on behalf of the Urban County Government, to execute change order number 2 to the contract with Todd Johnson Contracting Incorporated for Hamburg Force, Maine, increasing the contract price by the sum of $8,007.20 from $375,390.59 to $383,397.79. 28, a resolution authorizing and directing the Mayor, on behalf of the Urban County Government, to accept a donation from the Citizens Police Academy Alumni Association of Computer Supplies for use at the Division of Police Crimes Against Children Unit at no cost to the Urban County Government. Number 29, a resolution authorizing and directing the Department of Law to institute condemnation proceedings in Fayette Circuit Court to obtain permanent sanitary sewer and temporary construction easements at 1637 Old Paris Road for the North Elkhorn Force, Maine Project. Number 30, a resolution authorizing and directing the Department of Law to institute condemnation proceedings in Fayette Circuit Court to obtain permanent sanitary sewer and temporary construction easements at 1645 Old Paris Road for the North Elkhorn Force, Maine Project. Okay, Council Member Gordon. Yes, Mayor. There is a typo in numbers 31, 32, 33, and 34, all of which should say the Derby Drive stormwater project, not the North Limestone stormwater project. So I move to, I've been told this will not be a material change, so I move to change the wording of 31, 32, 33, and 34 to replace North Limestone stormwater project with Derby Drive stormwater project. So moved. I have a second to Council Member Gordon's motion by Council Member James. Any discussion? Those in favor of the amendment, please let it be known by saying aye. Opposed, no. Motion carries. Madam Clerk. Make sure I get this right when I read it now. Okay, number 31, a resolution authorizing and directing the mayor on behalf the Urban County Government to execute a certificate of consideration to accept a deed for the property located at 276 Derby Drive from James Deaton for the Derby Drive stormwater project and authorizing payment in the amount of $107,300 plus usual and appropriate closing costs. Number 32, a resolution authorizing and directing the mayor on behalf the Urban County Government to execute a certificate of consideration to accept a deed for the property located at 280 Derby Drive from Tammy and Kara Warner for the Derby Drive stormwater project and authorizing payment in the amount of $130,200 plus usual and appropriate closing costs. Number 33, a resolution authorizing and directing the mayor on behalf the Urban County Government to execute a certificate of consideration and to accept a deed for the property located at 284 Derby Drive from Roger Dale and Sandra Collins for the Derby Drive stormwater project and authorizing payment in the amount of $108,700 plus usual and appropriate closing costs. Number 34, a resolution authorizing and directing the mayor on behalf the Urban County Government to execute a certificate of consideration and to accept a deed for the property located at 288 Derby Drive from Lionel J. Oseon for the Derby Drive stormwater project and authorizing payment in the amount of $99,000 plus usual and appropriate closing costs. Number 35, a resolution authorizing and directing the mayor on behalf the Urban County Government to execute a certificate of consideration and to accept a deed for the property located at 905 North Limestone from Anna F. Trowbridge also known as Anna F. Miller for the North Limestone stormwater project and authorizing payment in the amount of $81,700 plus usual and appropriate closing costs. Number 36, a resolution authorizing and directing the mayor on behalf the Urban County Government to execute a certificate of consideration and to accept a deed for the property located at 907 North Limestone from Anthony R. and Karen A. Collins for the North Limestone stormwater project and authorizing payment in the amount of $79,200 plus usual and appropriate closing costs. Number 37, a resolution authorizing and directing the mayor on behalf the Urban County Government to execute a certificate of consideration and to accept a deed for property located at 909 North Limestone from Robert and Heather Walter for the North Limestone stormwater project and authorizing payment in the amount of $99,200 plus usual and appropriate closing costs. And number 38, a resolution authorizing and directing the mayor on behalf the Urban County Government to execute a certificate of consideration and to accept a deed for the property located at 1001 North Limestone from Pedro and Magdalena R.M. Bull for the North Limestone stormwater project and authorizing payment in the amount of $71,700 plus usual and appropriate closing costs. Thank you very much. That concludes the reading of the resolutions entitled to second reading. Is there a motion to approve? Move approval, Mayor. I have a motion by Councilmember Stevens and a second by someone, Tom Blues. Councilmember Blues had the second. Is there any discussion? We'll get you the next one. I happen to be looking left instead of right. There's no discussion. We'll proceed to vote. Those in favor of those resolutions, please indicate by voting aye electronically. Those opposed, vote nay electronically. And Madam Clerk, please call the roll. 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. Mr. Myers? Yes. Dr. Stevens? Aye. Mr. Stennett? Aye. And Mr. Beard? Aye. Thank you very much. Those resolutions are approved. Madam Clerk, if you'll give first reading to the resolutions entitled to first reading. Mayor, I have a motion before Susan begins reading. All right. This is for an amendment of resolution number 57 and I move that item number 57 under first reading resolutions be amended to increase the purchase of price from $34,000 to $37,000 to reflect current value. I just need a second. Thank you. I have a motion by Councilmember James and a second by Councilmember Blues. Is there any discussion? Those in favor of amending resolution 57 as indicated, please let it be known by saying aye. Opposed, no. Motion carries. If there are no further motions, Madam Clerk. Resolution number 39, a resolution accepting the bid of Gulf States distributors establishing a price contract for patrol rifles for the Division of Police. Number 40, a resolution accepting the bid of Brintag Mid-South Incorporated establishing a price contract for swimming pool chemicals. Number 41, a resolution accepting the bid of J. Edinger and Son Incorporated establishing a price contract for front load refuse front loading refuse bodies for the Division of Fleet Services. 42, a resolution accepting the bid of Fritz Farms Services LLC establishing a price contract for the lease of land for the West Hickman Wastewater Treatment Plant. Number 43, a resolution accepting the bids of Bobcat Enterprise Incorporated establishing equipment sales and rentals Sunbelt Rentals and Wilson Equipment Company establishing price contracts for equipment rental without operator for the Division of Streets, Roads and Forestry. Number 44, a resolution accepting the bid of Easy Go Textron establishing a price contract for golf carts single rider. Number 45, a resolution accepting the bid of Global Protection establishing a price contract for hospital PPE kits. And number 46, a resolution accepting the bid of DC Elevator Company Incorporated establishing a price contract for elevator and lift maintenance. Number 47, a resolution accepting the bids of Espland Tree Expert Company, Owen Tree Specialty Corporation and Lexington Tree Service Incorporated establishing price contracts for tree removal and pruning for the Division of Streets, Roads and Forestry. Number 48, a resolution accepting the bid of CNC Fire Sprinkler in the amount of eighty seven thousand seven hundred dollars for Kenwick Community Center fire suppression sprinkler. Number 49, a resolution accepting the bid of Security Cameras Direct LP in the amount of one fifteen thousand seven hundred eighty six dollars for PTZ camera system for GTV3. Number 50, a resolution accepting the bid of Independent Concrete Pipe Company in the amount of one hundred thousand two hundred twenty four dollar and thirty six cent for the for prefabricated culvert Appomattox Road for the Division of Water and Air Quality. Number 51, a resolution accepting the bid of Asphalt Paving and Maintenance Incorporated in the amount of sixty nine thousand nine hundred eighty seven dollar and seventy five cents for Southland Park parking lot modifications. 52, a resolution accepting the bid of Simplex Grinnell in the amount of fifty eight thousand two hundred ninety six dollars for sprinkler system repairs. 53, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute and submit a grant application to the US Department of Justice and to provide any additional information requested in connection with this grant application which grant funds are in the amount of one hundred twenty five thousand five hundred and sixty one dollar federal funds under the state criminal alien assistance program and are for reimbursement of costs related to the incarceration of undocumented criminal aliens. Number 54, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an agreement with Vision Internet Proprietors Incorporated for a website development and maintenance services and authorizing payment in the amount not to exceed forty four thousand nine hundred ninety eight dollars. Number 55, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an agreement with Bluegrass Council of Boy Scouts of America Incorporated. Nineteen hundred and fifty dollars for the office of the Urban County Council at a cost not to exceed the sum stated. Number 56, a resolution authorizing and directing the mayor on behalf the Urban County Government to execute a certificate of consideration and to accept a general warranty deed for the property located at 407 Shawnee Avenue from Patsy B Wells for the Meadows Northland Arlington Phase 3b improvements project and authorizing payment in the amount of fifty five thousand dollar plus usual and appropriate closing costs. Number 57, as amended, 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 408 Shawnee Avenue from Northwest Builders of Lexington Incorporated for the Meadows Northland Arlington Phase 3b improvements project and authorizing payment in the amount of thirty seven thousand dollars plus usual and appropriate closing costs. Number 58, a resolution ratifying the probationary civil service appointments of Anthony Owens, Public Service Supervisor, Grade 111N, 16.752 hourly in the Division of Water and Air Quality, effective April 14, 2008. Ratifying the permanent civil service appointments of Henry Measel, Program Coordinator, Grade 109N, in the Division of Family Services, effective December 25th, 2007. Danny Stevens, Public Service Worker, Grade 106N, in the Division of Parks and Recreation, effective April 29, 2008. Amber Llewellyn, Recreation Supervisor, Grade 110E, in the Division of Parks and Recreation, effective December 25th, 2007. Elaine Dionne, Administrative Specialist Senior, Grade 112N, in the Division of Revenue, effective March 26, 2008. Christine Wu, Staff Assistant, Grade 107N, in the Division of Building Inspection, effective May 12, 2008. Alan Hinkle, Computer Analyst, Grade 115E, in the Division of Computer Services, effective April 22, 2008. Approving leave of absence for Patricia Prather, Customer Service Specialist, Grade 110N, in the Division of Government Communications, requests a 90-day council-approved leave without pay from March 31, 2008 to June 28, 2008. Franklin Martin, Skilled Trades Worker Senior, Grade 112N, in the Division of Building Maintenance and Construction, requests a 90-day council-approved leave without pay from April 17, 2008 to July 15, 2008. Number 59, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a grant and submit a grant application to the Kentucky Department of Juvenile Justice, and to provide any additional information requested in connection with this grant application, which grant funds are in the amount of $457,434 Commonwealth of Kentucky funds, and are for the operation of the day treatment program, $307,434, and the intensive community services program, $150,000 for the Division of Youth Services. Number 60, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an agreement with the Lexington-Fayette County Health Department for establishment of a Medical Reserve Corps under the Metropolitan Medical Response System project, at a cost not to exceed $25,000. Number 61, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an agreement with services with the YMCA of Central Kentucky for the Corporate Wellness Program for the period of January 1, 2008 through December 31, 2008, at a cost not to exceed $62,690. Number 62, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an agreement with AMS Planning and Research Corporation for the Lyric Theatre Programming and Business Plan, at a cost not to exceed $57,000. Number 63, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute agreements with the Ellsworth Place Association Incorporated, $1,000, Garden Springs Neighborhood Association Incorporated, $500, Lexington Centers Participants Council Incorporated, $1,050, CASA of Lexington Incorporated, $2,150, Central Kentucky Writing for Hope Incorporated, $1,925, and Zandell Neighborhood Association Incorporated, $540, for the Office of the Urban County Council, at a cost not to exceed the sums stated. Number 64, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a lease agreement with Board of Education of Fayette County, Kentucky for lease of Meadowbrook Golf Course until November 15, 2008, which shall supersede the term set forth in Resolution Number 115, 2008. Number 65, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a commercial contract with Lamar Companies for production of vinyl artwork for disaster preparedness for the Division of Environmental Emergency Management at a cost not to exceed $954. Number 66, 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 Allen Company Incorporated for the Wellington Bike and Pedestrian Facility Project, decreasing the contract price by the sum of $25,137.55 from $168,383 to $143,245.45. Number 67, 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 1651 Old Paris Road from Luralene Thompson Annette Lane and Ralph E. Lane for the North Elkhorn Forest main project and authorizing payment in the amount of $17,000 plus usual and appropriate closing costs. Number 68, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a certificate of consideration and accepted the conveying a permanent sanitary sewer easement and temporary construction easement from James and Marsha Beachism located at 3077 Todd's Road for the Caden Town sanitary sewer project at no cost to the Urban County Government with usual and appropriate closing costs. Number 69, a resolution amending section 1 of resolution number 764-2006 which made a declaration of official intent with respect to reimbursement from subsequent borrowing of temporary advances made for capital expenditures for the site acquisition design and construction of a regional emergency operations center increasing the approximate aggregate amount from $1,435,000 to $6,500,000. And number 70, a resolution approving the transfer of the property at 560 East 3rd Street from Community Ventures Corporation to Community Ventures Properties LLC, a subsidiary of Community Ventures Corporation and authorizing and directing the mayor on behalf the Urban County Government to execute a subordination of mortgage agreement with Community Ventures Properties LLC and Republic Bank and Trust Company for subordination of the Urban County Government's mortgage on the property at 560 East 3rd Street to the mortgage of Public Bank and Trust Company. Thank you very much. The chair recognizes Councilmember Lien for a motion. Thank you, Mayor. I'd like to suspend the reels to get a second read on 42. I say maybe I should make a comment on that because I think our policy suggested by Councilmember Stinnett is to explain the reason for that. We have a contractor who would like to cut the grass out there and pay us $1,500 to do it to use it for hay and there's a time issue on getting that started. Thank you very much. Councilmember Blevins. Thank you, Mayor. I've been requested to ask for a second to suspend the reels to ask for a second reading of number 51. This is in order to open Southland Park's pool on time. We need to repave the parking lot to get that done. This is budgeted funds so I don't feel like it's an imposition on the public's ability to comment. So moved. Thank you. Councilmember James. Thank you, Mayor. I would like to suspend the reels. There are several of them and all of these have to do with timing issues to move forward with projects and time is of the essence. Number 56, number 57, number 62, and number 70. Thank you, Mayor. Thank you. Councilmember Myers. Thank you, Mayor. I'd like to suspend the reels and give a second reading to 59 and it's there's a grant application that's due April 30th is the reason why. Thank you. Thank you. Councilmember Henson. Thank you, Mayor. I would like also number 50 due to a time frame of getting a project completed. Thank you. Councilmember Beard. Thank you, Mayor. I would like to suspend the reels and ask for second reading on number 64. The reason being that involves the Meadowbrook golf course lease and they've been playing golf out there now since April 1st and we are just at the point of getting the lease drawn and executed and I'd like to go ahead and get it in the shape to get executed immediately. Thank you. Any other motions? My notes indicate that we have a motion to suspend the reels to give second reading to the following resolutions 42, 50, 51, 56, 57, 59, 62, 64, and 70. Did I miss any? All right. Those in favor of suspending the reels to give second reading to those resolutions, please indicate by saying aye. Opposed, no. Motion carries. Madam Clerk. Number 42. A resolution accepting the bid of Fritz Farms Services LLC establishing a price contract for the lease of land for the West Hickman Wastewater Treatment Plant. Number 50. A resolution accepting the bid of Independent Concrete Pipe Company in the amount of $100,224.36 for prefabricated culvert upon Appomattox Road for the Division of Water and Air Quality. Number 51. A resolution accepting the bid of Asphalt Paving and Maintenance Incorporated in the amount of $69,987.75 for Southland Park parking lot modifications. Number 56. 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 407 Shawnee Avenue from Patsy B. Wells for the Meadows Northland Arlington Phase 3B improvements project at an authorizing payment in the amount of $55,000 plus usual and appropriate closing costs. Number 57. 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 408 Shawnee Avenue from Northwest Builders of Lexington Incorporated for the Meadows Northland Arlington Phase 3B improvements project and authorizing payment in the amount of $37,000 plus usual and appropriate closing costs. Number 59. A resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute and submit a grant application to the Kentucky Department of Juvenile Justice and to provide any additional information requested in connection with this grant application which grant funds are in the amount of $457,434 come with the Kentucky funds and are for the operation of the day treatment program $307,434 in the intensive community services program for $150,000 for the Division of Youth Services. Number 62. A resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an agreement with AMS Planning and Research Corporation for the Lyric Theatre programming and business plan at a price not to exceed $57,000. Number 64. A resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a lease agreement with Board of Education of Fayette County, Kentucky for lease of Meadowbrook Golf Course until November 15, 2008 which shall supersede the term set forth in resolution number 115 2008. And number 70. A resolution approving the transfer of property at 560 East 3rd Street from Community Ventures Corporation to Community Ventures Properties LLC as subsidiary of Community Ventures Corporation and authorizing and directing the Mayor on behalf of the Urban County Government to execute a subordination of mortgage agreement with Community Ventures Properties LLC and Republic Bank and Trust Company for the subordination of the Urban County Government's mortgage on the property at 560 East 3rd Street to the mortgage of Republic Bank and Trust Company. Thank you. Is there a motion to approve those resolutions? I have a motion by Councilmember Beard, second by Councilmember Myers to approve the resolutions which just received their second reading. Is there any discussion? I see none so let's proceed to vote. Those in favor please vote aye electronically. Those opposed vote nay electronically. And Madam Clerk please call the roll. Mr. Blevins? Aye. Mr. Blues? Yes. Ms. Crosby? Yes. Mr. DeCamp? Yes. Mr. Ellinger? Yes. Ms. Gorton? Aye. Mr. Gray? Ms. Henson? Yes. Ms. James? Yes. Mr. Lane? Yes. Mr. McCord? Yes. Mr. Myers? Yes. Dr. Stevens? Aye. Mr. Stennett? Aye. And Mr. Beard? Aye. Thank you very much. Those resolutions are approved. We'll move along to the communications from the Mayor. There are a number of appointments there for your approval. The floor is open for a motion to approve. I have a motion by Councilmember DeCamp and a second by Councilmember Myers to approve the recommendations. Those, is there any discussion? Seeing none, those in favor please vote aye. Opposed no. Motion carries. There also are several communications for information purposes only under item 9. I'll leave those to your reading. We're now down to item 10 announcements. Does any Councilmember have an announcement? Councilmember Henson. I wanted to invite everyone to join me Sunday afternoon at 2 o'clock with the friends of Wolf Run Creek. We're going to clean out the creek at Appomattox and Maywick View Lane. So it is a real fun time. Wear your really old clothes. And I just love to get filthy dirty. So I just, it's an experience. If you've not done it, I would encourage you to do that. Thank you. Any other announcements? All right. That takes us down to public comment. I only have one individual that has indicated a desire to speak. Is Mr. Hollingsworth here? Mr. Hollingsworth, if you'd step to the podium and give us your address, you'll have three minutes. Thank you, Mr. Mayor. Mr. Mayor, Vice Mayor Gray, Honorable Councilmen and women, my name is David Hollingsworth and I'm the vice president of CSEA. Two weeks ago, Rochelle Clay, the president of CSEA, stood before you and thanked you for your support of the men and women who make this government run and for your good works on their behalf. I stand before you this evening and regret to tell you that there is a serious morale problem among the rank and file of this government. My father worked his entire life in middle management and one of the many things he told me, one thing stands out. He said, if the work is valuable, you've got to value the worker. Think about that for just one minute. If the work is valuable, you need to value the worker. Ladies and gentlemen, the rank and file of this government comprise the backbone of this organization and without them, this city could not function. When you call 9-1-1 with a life-threatening emergency, you're talking to the rank and file. The rank and file work behind the scenes every day to serve this city. When the roads get salted in the wintertime to keep the citizens of Lexington safe, it's because of the efforts of the rank and file. When the sewage is processed and the police and fire have safe vehicles, it's because of the rank and file. When the revenues are processed and purchases are made to keep this organization running, it's done by the rank and file. When the potholes in the streets are fixed and traffic moves freely because the lights are timed properly, it's because of the rank and file. The rank and file keep your buildings maintained and parks safe so that the children of this great city can enjoy them. The rank and file ensures that new building construction is safe and according to code. Every day services are provided to the elderly and disadvantaged to this city by the rank and file, and they serve in a hundred other thankless but valuable ways. The rank and file of this government is made up of decent, hardworking men and women, most of whom have devoted their entire lives to the safety and well-being of this good community. Mr. Hollingsworth, you have about 20 seconds left. Could someone come forward? I need a few more minutes. Could I have a couple more minutes? The rules are that you have three minutes per speaker and those... Some of you may know that I'm a code enforcement officer and I enforce city ordinances to ensure that rental properties are safe and decent places to live. One reason I do this job is because I have a deep respect for the law. Respect for the law is one of those key elements that determine a civil society. I ask you now to respect the law on behalf of the rank and file of this government. City ordinance requires this council to provide for the rank and file a minimum annual raise of 3.9 percent or at least to follow the world at work index. This raise is, according to council, supposed to be given the highest priority. Sadly, the budget does not meet these requirements. As a code enforcement officer, I cannot pick and choose which ordinance I want to enforce and I respectfully ask you now to value the workers of this government, not only because they are valuable, but because it's the law. Thank you, Mr. Hollingsworth. Is there anyone else who wishes to address the council? Seeing none, we'll entertain a motion to adjourn. Motion by Councilmember Lane and second by Councilmember Gordon that we adjourn. Those in favor, please say aye. Opposed, no. Motion carries. Thank you.