# Urban County Council Meeting - June 12, 2008 > Auto-transcribed civic record · Council · June 12, 2008 - **Permalink**: https://meetings.lexingtonky.news/meeting/523 - **Source video**: https://lfucg.granicus.com/player/clip/523?view_id=14&redirect=true - **Date**: 2008-06-12 - **Body**: Council - **Last revised**: March 2, 2026 - **Length**: 17,069 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 June 12, 2008, at 7:00 PM in Lexington, Kentucky, with Mayor Jim Newberry presiding. The meeting included a formal invocation and a commemoration ceremony honoring Grace Shaftner. During the session, the Council conducted 2 votes on various matters and heard 1 public comment from a community member. The meeting addressed 2 agenda items, both of which were informational in nature, focusing on ceremonial and commemorative proceedings rather than legislative business. ## Attendance The Council meeting on June 12, 2008 had strong attendance with 14 members present and only one absence. **Present:** Ellinger, Gorton, Gray, Henson, James, Lane, McChord, Myers, Stevens, Stinnett, Beard, Blevins, Blues, and Crosbie **Absent:** DeCamp **Late:** None All members arrived on time for the meeting, with no late arrivals recorded during the session. ## Votes and Decisions The Council conducted two roll call votes on ordinances during the June 12, 2008 meeting. **Ordinance 0130-17** [timestamp: 02:00] An Ordinance amending Section 13-63(a) of the Code of Ordinances increasing the Special 911 Emergency Telephone Service Funding Fee was brought forward by Councilmember Crosbie and seconded by Councilmember Ellinger. The ordinance **passed** with 12 ayes and 2 nays. • **Voting in favor (12):** Ellinger, Gray, Henson, Lane, McChord, Myers, Stevens, Stinnett, Beard, Blevins, Blues, and Crosbie • **Voting against (2):** Gorton and James **Ordinance 0130-16** [timestamp: 03:00] An Ordinance amending Section 13-64 of the Code of Ordinances to increase charges for specialty care inter-hospital transportation and other services was also motioned by Councilmember Crosbie and seconded by Councilmember Ellinger. This ordinance **passed** with 11 ayes and 3 nays. • **Voting in favor (11):** Ellinger, Gorton, Gray, Lane, McChord, Myers, Stevens, Stinnett, Blevins, Blues, and Crosbie • **Voting against (3):** Henson, James, and Beard Both ordinances received majority support from the Council, with the 911 Emergency Telephone Service funding fee increase garnering broader support than the inter-hospital transportation fee increases. ## Budget and Financial Actions The Council approved two financial items during the June 12, 2008 meeting, totaling $73,049.41 in expenditures and grant funding. **Contract Approvals** The Council authorized a contract for chiller replacement at the Agricultural Extension Office through Ordinance 0130-06. The contract with Disponette Service Company, Inc. totals $62,793 for the equipment replacement project. **Grant Funding** Under Ordinance 0130-07, the Council approved accepting a grant in the amount of $10,256.41 from the Kentucky Community and Technical College System. The grant funding will be used for the purchase of bicycles outfitted with advanced life support equipment. Both ordinances were presented as part of the Council's regular business and received approval during the meeting proceedings. ## Public Comment During the public comment period, one resident addressed the Council regarding ongoing infrastructure concerns in the community. **Thomas Roberts** spoke about the Saran Drive construction project [timestamp: 05:00]. Mr. Roberts expressed frustration over the unfinished state of the construction work and urged the Council to take action to expedite the project's completion. He emphasized the need for the Council to prioritize resolving the ongoing construction delays that have affected the area. The public comment period provided residents with an opportunity to bring local concerns directly to the Council's attention, with infrastructure and construction project completion being the primary focus of citizen input during this meeting. ## Appointments The Council approved several appointments and reappointments to various city boards and commissions during the June 12, 2008 meeting. **New Appointments:** • Nancy Wiser was appointed to the Airport Board • Mary Lee Kerr was appointed to the Downtown Development Authority Board • Eli Mertens was appointed to the Human Rights Commission • William J. Huffman was appointed to the Parks and Recreation Advisory Board **Reappointments:** • Phil Holoubek was reappointed to the Lexington Center Corporation Board • Everett McCorvey was reappointed to the Lexington Center Corporation Board These appointments fill vacant positions and continue representation on key municipal boards that advise the Council on matters ranging from airport operations and downtown development to human rights issues and parks management. The Lexington Center Corporation Board oversees the city's convention and entertainment facilities. ## Contested Items The primary contested item during the June 12, 2008 Council meeting was an ordinance to increase the Special 911 Emergency Telephone Service Funding Fee. This measure generated notable opposition among council members, resulting in a split vote rather than the unanimous approval typical of many routine council matters. The ordinance ultimately passed with a vote of 12-2, indicating that while a strong majority of council members supported the fee increase, two members voted against the measure. The split vote suggests there was substantive debate regarding the necessity or appropriateness of raising the 911 service funding fee at that time. The nature of the specific objections raised by the dissenting council members, the proposed fee amount, or the justification provided by supporters was not detailed in the available meeting data. However, the fact that this item required a formal vote with recorded opposition demonstrates it was considered a significant policy decision rather than a routine administrative matter. Emergency 911 service funding is typically a critical municipal service, making any proposed changes to its financing structure a matter of public interest and potential council debate. The 12-2 vote outcome shows that while the measure had sufficient support to pass, it was not without controversy among the elected representatives. ## Invocation [timestamp: 00:30] Pastor Glen Schneiders from Crossroads Christian Church delivered the invocation at the beginning of the June 12, 2008 Council meeting. Pastor Schneiders offered a prayer asking for divine wisdom and strength to guide the council members in their deliberations and decision-making during the session. The invocation served as the traditional opening of the meeting, providing a moment of reflection before the council proceeded with the evening's business agenda. ## Commemoration of Grace Shaftner [timestamp: 01:00] Council Member McChord presented a commemoration honoring Grace Shaftner, a young equestrian champion, recognizing her achievements and contributions to the community. The presentation highlighted Shaftner's accomplishments in equestrian sports and her positive impact. The commemoration was presented as an informational item, with McChord serving as the primary speaker for this recognition. The presentation focused on celebrating Shaftner's success as a champion in equestrian competition and acknowledging her broader contributions to the community. This agenda item was ceremonial in nature, providing the Council with an opportunity to formally recognize a young community member's achievements in competitive equestrian sports. No formal action was required, as this was presented for informational purposes only. --- ## Decisions - **Ordinance 0130-16** — passed (11-3): An Ordinance amending Section 13-64 of the Code of Ordinances to increase charges for specialty care inter-hospital transportation and other services - **Ordinance 0130-17** — passed (12-2): An Ordinance amending Section 13-63(a) of the Code of Ordinances increasing the Special 911 Emergency Telephone Service Funding Fee --- ## Full transcript that's new and when we had the consent decree that we just now have passed so that's a very busy day. Let's just go through the next couple days because we're running slow out of time because we just don't have enough time in this program to go through all the things that we do talk about. Let's just kind of hit a topic on Wednesday because Wednesday is the day, Omar, that we actually take a bus and we kind of do field trips and we do three different field trips there. I think we go to the family care center, we hit the recycling, and then we also are going to the fire department and we're going to them for their orientation and I know everybody always enjoys that and is there anything else there that we need to discuss? Well, it'd be very interesting at the training center down at Frankfort Pike, the fire center, because they've added the emergency running and people and their duties and how they condense that and how they approach that. Thursday, Ann, we've got some of the things I think that are important is we're looking out for the future of Lexington and what's going to happen with new development and why don't you talk about just a couple of the the highlights on that of what we'll be doing in Lexington. It is 7 o'clock and I'll ask the clerk to call the roll, please. Mr. Ellinger? Here. Ms. Gorton? Here. Mr. Gray? Ms. Henson? Ms. James? Mr. Lane? Mr. McCord? Here. Mr. Myers? Dr. Stephens? Mr. Stennett? Yes, ma'am. Thank you. Mr. Beard? Present. Mr. Blevins? Here. Mr. Blues? Here. Ms. Crosby? Here. And Mr. DeCamp is absent. Thank you. We have a quorum, so we'll proceed with our agenda. It's my pleasure to welcome to the podium the lead pastor at Crossroads Christian Church, Glenn Schneiers. Let's pray. Father, we're reminded that you say that rulers are your servants, and so we thank you for these servants tonight. And we ask your blessing upon them that you would grant them wisdom, that they would always desire to do what is best for this community that we love. Father, we pray, too, that when in doubt, that they would go with their heart and that they would find wisdom in the counsel of the others around them. Father, I would just imagine that some of them come tonight tired from a long day already. And I would pray for energy and for strength. And I pray for those that they have left to be here tonight. And I ask your blessing on them as they have made choices that allow them to make sacrifices that make our community a better place. So, Father, direct this meeting. May the decisions honor you, and may you bless those who serve you. In the name of the one who is the lead servant, amen. Pastor Sniders, I appreciated every aspect of your prayer, but I must tell you that I particularly appreciated your prayers for those who we leave at home tonight, because I think they are too often not recognized as people who contribute a lot to allowing us to do our job. And I appreciate that very much. It's my pleasure to welcome Councilmember McCord to the podium. Thank you, Mayor. Tonight's a very special night for me. I get a chance to introduce you all to two very special constituents of mine and their families for two different reasons. But the first is a commemoration by this mayor for Grace Schaffner, who is eight years old and who did an amazing thing last fall in winning a national championship in horseback riding. And I'm going to read this commendation, commemoration, and then when we're done, Mayor, if you wouldn't mind joining us for a picture with the family. This is a commemoration hailing and commending Kentucky State champion, academic rider, eight years and under, Ms. Grace Schaffner. Whereas Grace Schaffner was named Kentucky State champion, academic rider, eight years and under in October 2007 and won the grand championships in pleasure, eight years and under, and reserve grand championship in equitation, eight years and under, at the National Academy Championships finals held in Tennessee in November of 2007. Whereas Ms. Grace Schaffner, who is eight years old, has been riding horses since she was four and a half years old and competing since she was six years old. Whereas Ms. Schaffner has been competitively riding and showing American standard bred horses while attending Stonewall Elementary and maintaining a status as an excellent student in her scheduled classes. Whereas, as an excellent student, Ms. Schaffner will be attending the School of Creative and Performing Arts, SCAPA, this fall, majoring in piano. Now, therefore, the Council of the Lexington-Fayette-Urban County Government, on behalf of all Fayette Countians, commemorates as follows. Section one, that Ms. Grace Schaffner, superior equestrian, superior young lady, is hereby commended for her continued championship efforts while providing a positive example for all in her community, especially youth younger and older than herself, in providing an example of a well-rounded life. Section two, that her parents, Mary and Trent Schaffner, should be recognized for supporting Ms. Schaffner in her educational and extracurricular efforts this 12th day of April, 2007. Mayor Jim Newberry, when this was signed. And if it's okay with you all, I would like for Grace, you have a couple of words that you wanted to say. I'm going to move this down a little lower. If you want to come over here, please. I would like to thank the mayor, members of the council, and especially Mr. McCord for this wonderful honor. I love Kentucky and I love horses. I want to continue riding and showing horses and someday be involved with horse rescue. Joe Morgan, not the ball player, but rather a Boy Scout and also a constituent in my district. And Joe is here this evening. If you want to come up here just a second, Joe. Oftentimes, council members, we've seen Boy Scouts in the audience and I've been kind of curious as to what they're actually here for and what they're earning and so forth. And Joe's father, Luke, who was before us a couple weeks ago advocating on behalf of an ordinance we're actually going to pass tonight with the right amount of votes for recycling in our community, had called and said, you know, could Joe sit in on a meeting and for his badge. And I want to just read to you a little bit about Joe. He's here this evening as a guest of mine, certainly, and he's 11 years old. He's going to be attending Lexington Traditional Magnet School this fall. And as you can see, he's a Scout and a member of Scout Troop Number 98. And I know you're probably wondering why an 11-year-old happens to be here with us instead of maybe playing on the Select Soccer Team, the 97 Premier Team, who won the State Cup for the last three years in a row. And his favorite thing to do is fishing with his dad, and he could have been doing that tonight, or canoeing the entire length of the Elkhorn with his dad. But his being with us is advantageous as he is earning his Communications Merit Badge while attending this evening. And along with the presence of Grace Schaffner, these are two just fine examples of the type of quality folks, quality young people we have in our community. And I just want to take a moment and highlight and introduce you to them. Joe's going to be joining me to get a better view of this from behind the Council and actually be a part of the longest docket in LFUCG history, 25 pages. So in exercising patience tonight, but I wanted to welcome you tonight. Thank you for joining us. Thank you, Mayor. Thank you, Council Member McCord, and we're delighted to have both of our guests, special guests here this evening, and thanks so much for being with us. Unfortunately, it is my duty to report to the Council today that four current and one former employee of Urban County Government were indicted by the Federal Government today for a variety of charges arising from allegations that they engaged in criminal conduct at the jail. John McQueen, Clarence McCoy, Anthony Estep, and Christine LaFoe were all corrections officers at the jail. Scott Tyree is a former employee. All of these individuals were allegedly involved in a conspiracy to intimidate inmates at our correctional facility, and they were indicted today by a federal grand jury alleging a variety of criminal misconduct on their part. Whether those allegations ultimately proved to be true and false is an issue for the courts to decide, but for the moment, these current employees have been suspended with pay pending further investigation of these claims, and I wanted to make the Council aware of those suspensions which are effective immediately. I also wanted to tell you that all of the allegations which were set forth in the indictment involved activity which took place between January of 2006 and October 2006. It appears to be contained to some individuals who worked on the third shift in the intake area of the jail. It does not on the basis of the allegations appear to be a widespread problem at the jail. However, you should also know that during 2007, we have installed video cameras in the intake area of the jail in order to more thoroughly maintain surveillance as to what is and is not going on there. There have also been some significant staff restructuring efforts which have been made during the course of 2007 and the early part of 2008. Since the allegations in the indictment are now subject to the criminal process, and since there's also some civil litigation pending, I think we're probably best off not discussing this further at this time, but I did want to make you aware of the fact that that indictment was delivered today in Covington, and as more information becomes available, I'll be glad to share that with you. Having said that, Madam Clerk, we'll proceed to the ordinances entitled to second reading. Ordinance number one, an ordinance changing the zone from a single-family residential R1C zone to a professional office P1 zone for 0.16 net 0.21 gross acres of property located at 160 Pasadena Drive. Number two, an ordinance changing the zone from a highway service business B3 zone with a conditional zoning restrictions to a highway service business B3 zone with a modified conditional zoning restrictions for 4.00 net 4.42 gross acres of property located at 128 through 130 West Everton Way subject to certain use restrictions imposed as conditions of granting the zone change to Everton Way LLC. Number three, an ordinance changing the zone from a single-family residential R1C zone to a two-family residential R2 zone for 0.17 net 0.21 gross acres of property located at 1136 Providence Lane, William T. Burke, and there's a motion on number four, please. Mayor, I have a motion. Council Member James. I move that item number four under second reading of ordinances related to a zone change for property located at 135 through 139 East 3rd Street be removed and placed on the July 8, 2008, Council meeting docket for a 7 p.m. public hearing. I have a motion to Council Member James and a second to Council Member Myers that item four be moved to the July 8 docket. Is there any discussion? Those in favor of moving it, please indicate by saying aye. Opposed, no. Motion carries. Madam Clerk. Resolution number five, an ordinance amending Article 25 of the Zoning Ordinance relating to telecommunication towers so as to address the issue of sureties and to provide clarification regarding rooftop tower and or antenna construction. Number six, an ordinance accepting the bid of Disponet Service Company Incorporated in the amount of $62,793 for chiller replacement for the Agricultural Extension Office and appropriating funds pursuant to Schedule Number 191. Number seven, an ordinance authorizing and directing the Mayor on behalf of the Urban County Government to accept a grant from the Kentucky Community and Technical College System on behalf of the Kentucky Board of Emergency Medical Services which grant funds are in the amount of $10,256.41 Commonwealth of Kentucky funds are for the purchase of bicycles to be outfitted with advanced life support equipment 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 appropriating funds pursuant to FY 2009 Schedule Number 7 and authorizing the Mayor to transfer unencumbered funds within the grant budget. Number eight, an ordinance authorizing and directing the Mayor on behalf of the Urban County Government to execute an additional software license agreement with New World Systems Corporation for additional software for the Improving Crime Data Grant Project at a cost not to exceed $31,780 and appropriating funds pursuant to Schedule Number 186. Number nine, an ordinance amending certain of the budgets of Lexington Fayette Urban County Government to reflect current requirements from the Council Office for funds in the amount of $2,500 from Neighborhood Development Funds for the Senior Intern Program and appropriating and reappropriating funds Schedule Number 187. Number 10, an ordinance amending certain of the budgets of the Lexington Fayette Urban County Government to reflect current requirements for the funds in the amount of $8,142 in the Division of Parks and Recreation from the Council Capital Funds for new sidewalks in Johnson Heights Park and appropriating and reappropriating funds Schedule Number 184. Number 11, an ordinance amending Section 22-5 of the Code of Ordinances creating one temporary position of Administrative Specialist Senior Grade 112N for a term of one year beginning April 30, 2008 and ending April 30, 2009 in the Division of Traffic Engineering. Number 12, an ordinance amending Section 2 of Ordinance Number 5-2008 correcting this subsection line number for the Facility Manager in the Division of Building Maintenance and Construction. Number 13, an ordinance amending Section 2 and 3 of Ordinance Number 286-2007 relating to extension of vacation carryover for employees in the Department of Finance and Administration who because of STARS implementation will lose accumulated vacation leave extended the carryover date from June 30, 2008 to December 31, 2008. Number 14, an ordinance 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 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 $321,000 federal funds are for continuation of the Metropolitan Medical Response System and the acceptance of which does not obligate the Urban County Government for the expenditure of funds appropriating funds pursuant to FY 2009 Schedule Number 8 and authorizing the Mayor to transfer unencumbered funds within the grant budget. Number 15, 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 $88,000 federal funds are for the biodiesel fuel storage tank project the acceptance of which obligates the Urban County Government for the expenditure of $22,000 to be provided by the Riley Oil Company appropriating funds pursuant to Schedule Number 188 and authorizing the Mayor to transfer unencumbered funds within the grant budget. Number 16, an ordinance amending Section 13-64 of the Code of Ordinances to increase the charge for specialty care inter-hospital transportation from $584 to $1,000 and amending Section 13-65 of the Code of Ordinances to increase the charges for basic life support services from $294 to $650 for advanced life support level 1 emergency services from $350 to $750 and advanced life support level 2 services from $497 to $900 and increasing the mileage rate from $6.50 to $11. Number 17, there's a motion. Council Member Lane, Council Member Lane, do you have a motion on number 17? I move to amend item number 17 on the docket under second reading ordinances to change the effective date of the ordinance from June 1, 2008 to the date of passage. This is not a material change and the ordinance may be given second reading as amended. So moved. I have a motion by Council Member Lane and a second by Council Member Blevins to amend number 17 to change the effective date. Any discussion? Those in favor of that amendment, please indicate by saying aye. Opposed, no. Motion carries. Madam Clerk. Ordinance number 17 as amended. An ordinance amending section 13-63A of the code of ordinances increasing the special 911 emergency telephone service funding fee from $1.31 to $2.10 per month, providing for an automatic annual increase to the fee of 4.5% per annum effective every July 1, commencing July 1, 2009 and further authorizing the mayor to execute any necessary agreements or memorandum of understanding with any billing or collection of funds. Memorandum of understanding with any billing or collection entities in order to effectuate the intent of this section. Number 18, 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 182. Number 19, an ordinance amending certain of the budgets of the Lexington Fayette-Urban County Government to reflect current requirements for funds in the amount of $5,000 for streets, roads, and forestry from neighborhood development funds for tree acquisition and appropriating and reappropriating funds scheduled number 190. Number 20, an ordinance changing the name of the Office of Compliance to the Division of Environmental Policy, changing the name of the Division of Water and Air Quality to the Division of Water Quality, amending section 21-5, subsection 2 of the code of ordinances abolishing one position of administrative officer senior grade 120E, one position of environmental compliance coordinator grade 119E, one position of planner senior grade 117E, and one position of environmental inspector grade 113N in the Office of Compliance, amending section 21-5, subsection 2 of the code of ordinances abolishing one position of administrative officer grade 118E in the Department of Environmental Quality, amending section 21-5, subsection 2 of the code of ordinances abolishing one position of engineering section manager grade 120E, four positions of municipal engineer senior grade 119E, one position of municipal engineer grade 117E, one position of associate municipal engineer grade 115E, three positions of engineering technician principal grade 115E, one position of engineering technician senior grade 113E, one position of engineering technician grade 111N, all in the Division of Water and Air Quality, amending section 22-5, subsection 2 of the code of ordinances abolishing one position of staff assistant senior grade 108N in the Office of Compliance, amending section 21-5, subsection 2 of the code of ordinances creating one position of administrative officer senior grade 120E in the Department of Environmental Quality and transfer in the incumbent amending section 21-5, subsection 2 of the code of ordinances creating one position of engineering section manager grade 120E, four positions of municipal engineer senior grade 119E, one position of municipal engineer grade 117E, one position of associate municipal engineer grade 115E, three positions of engineering technician principal grade 115E, one position of engineering technician senior grade 113E, and one position of engineering technician grade 111N all in the Division of Water Quality and transfer in the incumbents amending section 21-5, subsection 2 of the code of ordinances creating one position of environmental compliance coordinator grade 119E, one position of planner senior grade 117E, one position of environmental inspector grade 113N, and one position of administrative officer grade 118E in the Division of Environmental Policy and transfer in the incumbents amending section 22-5, subsection 2 of the code of ordinances creating one position of staff assistant senior grade 108N in the Division of Environmental Policy and transfer in the incumbent effective upon date of passage. Twenty-one, an ordinance amending section 21-5 of the code of ordinances transferring one position of staff assistant grade 107N in the incumbent from the Division of Fire and Emergency Services to the Division of Enhanced 911. clause number 22. An ordinance amending section 21-5 of the code of ordinances abolishing two positions of recreation supervisor grade 110E and creating two positions of recreation specialist senior grade 113E and amending section 22-5 of the code of ordinances abolishing one position of recreation manager grade 114E, abolishing three positions of recreation supervisors senior grade 112E, abolishing five positions of recreation supervisors grade 110E and creating one position of ESP manager grade 116E, creating three positions of ESP supervisor grade 114E and creating three positions of ESP coordinator grade 112E and reclassifying the incumbents to become effective retroactive to November 26, 2007 and amending section 21-5 of the code of ordinances creating two positions of ESP coordinator grade 112E to become effective upon passage by council all within the division of parks and recreation and appropriating funds pursuant to budget schedule number 144 and number 23. An ordinance creating section 16-6.1 of the code of ordinances Lexington paid urban county government pertaining to recycling at community activities on urban county government property or in urban county government buildings expected to be attended by 300 or more individuals in a 24-hour period, requiring the sponsoring agency to designate a coordinator to be responsible for implementation, requiring the coordinator to contact the division of waste management no later than 30 days prior to the activity, to be responsible for arrangement of containers for recyclable waste at the activity and to educate others about recycling, providing that failure of the coordinator to contact the division may result in cancellation of the activity, requiring the division to provide recyclable waste containers, requiring the coordinator to position and return the recyclable waste containers, encouraging community activities to require providers to package items in reusable and recyclable material, requiring the division to provide reasonable assistance to successfully collect and dispose of recyclable waste at community activities and authorizing the director of the division of waste management to promulgate regulations effective January 1, 2009. Thank you, Madam Clerk. Is there a motion to approve those items? I have a motion by Councilmember Crosby and a second by Councilmember Ellinger to approve the items, the ordinances receiving their second reading. Is there any discussion? Seeing none, we're prepared to vote. Those in favor of approving those ordinances, please indicate by voting aye electronically. Those opposed, vote nay electronically. And Madam Clerk, please call the roll. Mr. Ellinger? Yes. Ms. Gorton? No. On 17, yes. On the rest? I will reflect that in the record. Mr. Gray? Yes. Ms. Tinson? Yes. Ms. Golden? No. On 16, yes. On the rest? I will reflect that on the record. Ms. James? No. On 16 and 17, and yes on the rest. Mr. Lane? Yes. Mr. McCord? Yes. Ms. Garner? Yes. Ms. Garner? Yes. Ms. Garner? Yes. Ms. Garner? Yes. Ms. Garner? Yes. Ms. Garner? Yes. Ms. Garner? Yes. Ms. Garner? Yes. Ms. Garner? Yes. Ms. Garner? Yes. Mr. Green? No. Mr. Green? No. Ms. Green? No. Mr. Green? No. Ms. Green? No. Is absent for the vote? Mr. Myers? Yes. Dr. Stephens? Mr. Stennett? Yes, ma'am. Mr. Beard? No. One, 16 and yes on the rest. I will reflect that in the minutes. Mr. Blevins? Yes. Mr. Blues? Yes. Ms. Crosby? Yes. And Mr. DeCampsy, thank you. Thank you very much. Those ordinances are approved. We are now ready for the ordinances entitled to first reading, Madam Clerk. Ordinance number 24, an ordinance changing the zone from a highway service business B3 zone with conditional zoning restrictions to a highway service business B3 zone with modified conditional zoning restrictions for 2.04 net, 2.77 gross acres of property located at 3294 Richmond Road and 101 South Eagle Creek Drive, a portion of, subject to certain use restrictions imposed as conditions of granting the zone change, Estes Property No. 1, LLC and Estes Property No. 2, LLC. Number 25, an ordinance changing the zone from a two-family residential R2 zone to a single-family residential R1A zone for 0.2340 net, 0.2977 gross acre of property located at 422 Michigan Street, Habitat for Humanity Incorporated. Number 26, an ordinance changing the zone from a professional office P1 zone to a downtown framed business B2A zone for 0.16 net, 0.19 gross acre and from a planned neighborhood residential R3 zone to a downtown framed business B2A zone for 0.24 net, 0.42 gross acre. For properties located at 522 through 528 East Main Street and 109 Kentucky Avenue subject to certain use restrictions imposed as conditions of granting the zone change, Hugh Bennett and Roland Vaughan. Number 27, an ordinance amending Articles 9-2, 9-3, 9-7B, 9-7C, 9-9, excuse me, Articles 19-2, 19-3, 19-7B, 19-7C, 19-7G3, 19-10, 19-10C, and 19-10D of the zoning ordinance so as to change the effective date of the flood insurance rate maps due to the acceptance of new maps by FEMA to provide a 60-day time limit for appeals to the Floodplain Appeals Committee and to clarify the majority vote needed to decide an appeal. Number 28, an ordinance amending Articles 5-2B, 5-4, 5-A1, 20-2, 20-3A, 20-4D, and 20-4E of the zoning ordinance and Article 4-6A of the Land Subdivision Regulations so as to transfer grading permit responsibilities to the Division of Engineering. Number 29, an ordinance accepting the bid of Windstream Kentucky East LLC in the amount of $30,652.36 for a display board for lexical and appropriating funds pursuant to Schedule Number 195. Number 30, 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 Juvenile Justice 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 $74,400. Federal funds are for continuing operation of the Truancy Assessment Center, the acceptance of which obligates the Urban County Government for the expenditure of $37,236 as a local match, appropriating funds pursuant to FY 2009 Schedule Number 9, and authorizing the Mayor to transfer unencumbered funds within the grant budget. Number 31, an ordinance authorizing and directing the Mayor on behalf of the Urban County Government to accept a grant from the Kentucky Heritage Council, which grant funds are in the amount of $8,100. Federal funds are for the Division of Historic Preservation Survey and Planning Project, the acceptance of which obligates the Urban County Government for the expenditure of $5,400 as a local match, appropriating funds pursuant to FY 2009 Schedule Number 10, and authorizing the Mayor to transfer unencumbered funds within the grant budget. Number 32, an ordinance amending Section 21-5 of the Code of Ordinances abolishing two positions of Engineering A, Grade 105-N, and two positions of Public Service Worker, Grade 106-N, and creating one position of Engineering Technician, Grade 111-N, and two positions of Public Service Worker, Senior Grade 107-N, in the Division of Water and Air Quality. Number 33, an ordinance amending Section 21-5 of the Code of Ordinances abolishing one position of Electronic Technician Senior, Grade 113-N, and creating one position of Radio Electronics Specialist, Grade 117-E, in the Division of Fire and Emergency Services. Number 34, 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 35, an ordinance amending certain other budgets of the Lexington-Fayette-Urban County Government to reflect current requirements for funds in the amount of $40,000 in the Division of Parks and Recreation from the Council of Capital Funds and appropriating and reappropriating funds Schedule Number 192. Number 36, an ordinance creating and establishing a non-exclusive gas franchise providing and providing for the placement of facilities for the transmission, distribution, and sale of gas for heating and other purposes within the public rights of way, the incorporation of the provisions of the Code of Ordinances and the applicable zoning laws, definitions, a police power limitation, minimum construction, installation, maintenance, and facility standards, compliance with the government's permitting process for projects, due regard for rights of the government and others, additional performance guarantees of up to $200,000 on projects with construction costs exceeding $100,000, an indemnification and hold harmless agreement, compliance with non-discrimination and affirmative action requirements, commercial general liability insurance policy in the amount of at least $1 million for concurrence and $2 million aggregate, access, inspection, and auditing by government, notice of certain actions before the Public Service Commission and agreement not to oppose intervention by government, a three-year duration, no vested rights for installation or emplacement of facilities and right to require removal of facilities within a reasonable time at company's expense if no franchise exists, notice of assignment and assignment of franchise with consent, no objection to government intervention and the transfer of control case before the Public Service Commission, notice of a public sale of company in order for government to be afforded an opportunity to bid on the company or its assets, the following penalties recoverable for violations after company is provided the opportunity to present evidence to the Commissioner of Public Works and Development or his designee with such decisions appealable to the Court of Competent Jurisdiction, $500 a day for failure to complete construction projects by no later than the end of the franchise with the option of providing suitable performance bond or other protection to government in lieu of such penalty, and $100 a day for failure to provide data and reports requested by government as required by the ordinance or for failure to timely pay the franchise fee or an automized bill, and $100 a day penalty appealable to a Court of Competent Jurisdiction for a failure to comply within 30 days to a council resolution directing compliance with the provision of the ordinance, non-waiver and continued performance and enforcement upon government's failure to insist on specific performance, the payment of penalties not an excuse for non-performance, company obligated to ensure uninterrupted service, maintain corporate headquarters in Lexington including minimal staffing and a customer payment center, termination upon willful violations of the franchise, willful evasions of provisions of the franchise, fraud and deceit upon government knowingly making material misrepresentations or failing to begin service restoration following 72 consecutive hours of uninterrupted service without government approval and procedures for terminating the franchise 60 days advance, written notice of the foreclosure or the judicial sale of company's facilities, government's rights to cancel the franchise 30 days after the appointment of a receiver or trustee unless certain conditions are met, sell at public auction of the franchise and due advertisement requirements thereon, written bids, right to reject payment of 5% of the estimated cost of the system unless company already has sufficient facilities to provide the franchise fees, services and payment of $500 for advertisement and administrative costs with any excess amounts exceeding actual costs to be returned to the bidders within 30 days, payment of the sum of at least 3% of company's gross annual revenues from the sale, distribution and or delivery of gas in Fayette County beginning with the first billing period following tariff approval by the Public Service Commission with existing payments to continue until such approval is obtained, payment of permitting fees, the filing of an application or tariff with the Public Service Commission within 10 working days of acceptance of the bid, suspension of payment of the franchise fee if no final determination regarding tariff approval is made and allowing government to terminate the franchise upon such condition. All payments to be made within 30 days of preceding calendar month. Payment is not an accord and satisfaction right to audit and to payment of cost if the company is found to have withheld 5% or more for any six-month period or if performed as part of a modification, extension or granting of a franchise or transfer of company or assignment of the franchise, interest of 8% on any late or recomputed payments and an adjustment for overpayments. Bids must accept the conditions of this ordinance and may include additional consideration payments, violations of the franchise shall be conditioned for forfeiture law of Kentucky applies venue in Fayette County, no third party rights, any unlawful provision is severable and franchise effective when the council accepts the bids all effective on the date of passage. Number 37. An ordinance creating sections 14-3.1 through 14-3.4 of the Code of Ordinances Lexington-Fayette County Government pertaining to graffiti and providing definitions of graffiti. Graffiti implements broad-tipped marker etching equipment, marker ribs, tips or bits, paint stick, spray paint container and spray paint nozzle. That it is unlawful to apply graffiti to any natural or man-made surface or property without consent. That additional criminal prosecution may result from such conduct that it is unlawful to possess a graffiti implement on public property or on private property without consent. With exceptions of work, possession with consent, school and transport, that it is unlawful to sell or offer to sell or to give, deliver, furnish or transfer a spray paint container, spray paint nozzle, broad-tipped marker, paint stick, marker ribs, tips or bits or etching equipment to a person under the age of 18 years of age who is not accompanied by an adult or legal guardian with a defense provided for deception. That it is unlawful to displace such implements for sale without a warning sign and that a violation of this ordinance constitutes a misdemeanor punishable by a fine of not less than $50 and not more than $500 of up to 30 days imprisonment and the payment of $50 fees of a $50 fee to an urban county government or not-for-profit program that removes graffiti or provides rewards for the reporting of graffiti violations. Sections 14-3.3 effective October 1, 2008 and all other sections effective upon passage. Number 38, an ordinance amending section 22-5 of the Code of Ordinances abolishing one position of municipal engineer senior grade 119E and creating one temporary position of project engineering coordinator grade 119E for a term of four years ending April 24, 2012 in the Division of Water and Air Quality. Number 39, 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 $320,000 federal funds or for the fiber optic cable installation program the acceptance of which obligates the urban county government for the expenditure of $80,000 as a local match appropriating funds pursuant to schedule number 194 and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 40, an ordinance authorizing and directing the mayor on behalf of the urban county government to accept a grant from the Lexington Fayette County Health Department which grant funds are in the amount of $343,368 federal funds or for continuation of the home visitation program at the family care center. The acceptance of which obligates the urban county government for the expenditure of $109,300 as a local match appropriating funds pursuant to FY 2009 schedule number 11 and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 41, an ordinance authorizing and directing the mayor on behalf of the urban county government to accept a grant from the Kentucky Division of Forestry which grant funds are in the amount of $5,000 federal funds or for the 2008 Kentucky Urban and Community Forestry Program the acceptance of which obligates the urban county government for the expenditure of $5,000 as a local match appropriating funds pursuant to FY 2009 schedule number 12 and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 42, an ordinance authorizing and directing the mayor on behalf of the urban county government to accept a grant from the Kentucky Department of Juvenile Justice which grant funds are in the amount of $241,845 Commonwealth of Kentucky funds are for operation of the day treatment program for 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 FY 2009 schedule number 15 and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 43, an ordinance authorizing and directing the mayor on behalf of the urban county government to accept a grant from the Kentucky Department of Education which grant funds are in the amount of $80,000 of an additional $80,000 federal funds are for the year five of the after school and parents programs at Tate's Creek Elementary School and Gainesway Community Empowerment Center $75,000 and a summer learning program for homework huddle participants at the Gainesway Community Empowerment Center $5,000 the acceptance of which does not obligate the urban county government for the expenditure of funds appropriating funds pursuant to FY 2009 schedule number 16 and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 44, 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 $62,000 federal funds are for the participation in the child care food program for operation of the nutrition program at the Family Care Center in FY 2009 the acceptance of which does not obligate the urban county government for the expenditure of funds appropriating funds pursuant to FY 2009 schedule number 13 and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 45, 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 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 $35,500 in federal funds and in commonwealth of Kentucky funds are for the National School Lunch Program 2009 the acceptance of which does not obligate the urban county government for the expenditure of funds and appropriating funds pursuant to FY 2009 schedule number 14 and authorizing the mayor to transfer unencumbered funds within the grant budget. And number 46. Can't wait just a moment please. Councilmember Blues. Thank you Mayor. I move that ordinance number 46 on the docket concerning budget journals be amended to add budget journals 23467-23469 and to substitute a corrected schedule of amendments schedule number 0189 so moved. Second. I have a motion and second. Any discussion? Those in favor please vote aye. Those opposed no. Madam Clerk will you read item 46 as amended. Ordinance number 46 as amended an ordinance amending certain of the budgets of the Lexington State Urban County Government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds schedule number 189 and now I believe there are two walk-ons. Okay. Councilmember Blues. Thank you Mayor. I move to place an ordinance on the docket accepting the bid of TP mechanical contractors in the amount of $495,846 for an HVAC project at the Family Care Center so moved. Second. I have a motion by Councilmember Blues, second by Councilmember Gordon to add to the docket an ordinance accepting the bid of TP mechanical contractors in the amount of $495,846. Any discussion? Those in favor please say aye. Opposed no. Motion carries. Madam Clerk. Would you like to give the other one? Okay. Councilmember Stennett. Thank you Mayor. I move to place an ordinance on the docket accepting the bid of Photo Land Incorporated in the amount of $107,618.07 for the digital photo processing equipment for the Division of Police and to remove resolution item number 29 under first reading. I have a motion by Councilmember Stennett, second by Councilmember Myers. Any discussion? Those in favor please keep us saying aye. Opposed no. Motion carries. Any further motions? Madam Clerk. Resolution number 47, an ordinance accepting the bid of TP mechanical contractor in the amount of $495,846 for an HVAC project at the Family Care Center in appropriating funds pursuant to schedule number 196 and number 48. An ordinance accepting the bid of Photo Land Incorporated, a Division of Pay Corps incorporated in the amount of $107,618.07 for digital photo processing equipment in appropriating funds pursuant to schedule number 193. Thank you very much. Are there any motions with regard to those ordinances? Councilmember Blues. Thank you, Mayor. With a heavy heart I move to suspend the rules and ask for a second reading on number 36. We need to advertise this item for bids and award the franchise before break. I have a motion and a second by Councilmember Blues and a second by Councilmember Gordon to suspend the rules for purposes of giving item 36 a second reading. Are there any others? Seeing none, those in favor of suspending the rules please indicate by saying aye. Opposed, no. Motion carries. Madam Clerk. Ordinance number 36 for a second reading. An ordinance creating and establishing a non-exclusive gas franchise and providing for the placement of facilities for the transmission, distribution, and sale of gas for heating and other purposes within the public rights of way. The incorporation of the provisions of the Code of Ordinances and the applicable zoning laws, definitions, a police power limitation, minimum construction installation, maintenance, and facility standards, compliance with the government's permitting process for projects due regard for rights of the government and others, additional performance guarantees of up to $200,000 on projects with construction costs exceeding $100,000, an indemnification and hold harmless agreement, compliance with non-discrimination and affirmative action requirements, commercial general liability, insurance policy in the amount of at least $1 million per occurrence and $2 million aggregate, access, inspection, and auditing by government notice of certain actions before the Public Service Commission and agreements not to oppose intervention by government, a three-year duration, no vested rights for installation or emplacement of facilities, and right to require removal of facilities within a reasonable time at company's expense if no franchise exists, notice of assignment and assignment of franchise with consent, no objection to government intervention in a transfer of control case before the Public Service Commission, notice of a public sale of company in order for government to be afforded an opportunity to bid on the company or its assets, the following penalties recoverable for violations after the company is provided the opportunity to present evidence to the Commissioner of Public Works and Development or his designee with such decisions appealable to a court of competent jurisdiction, $500 a day for failure to complete construction projects by no later than the end of the franchise with the option providing suitable performance bond or other protection to government in lieu of such penalty, and $100 a day for failure to provide data and reports requested by government as required by the ordinance or for failure to timely pay the franchise fee or an itemized bill, and $100 a day penalty appealable to a court of competent jurisdiction for a failure to comply within 30 days to a council resolution directing compliance with a provision of the ordinance, non-waiver and continued performance and enforcement upon government's failure to insist on specific performance, the payment of penalties, not an excuse for non-performance, company obligated to ensure uninterrupted service, maintain corporate headquarters in Lexington including minimal staff and a customer payment center, termination upon willful violations of the franchise, willful evasions of provisions of the franchise, fraud and deceit upon government, knowingly making material misrepresentations or failing to begin service, restoration following 72 consecutive hours of interrupted service without government approval and procedures for terminating the franchise, 60 days advance written notice of the foreclosure or other judicial sale of company's facilities, government's right to cancel franchise 30 days after the appointment of a receiver or trustee unless certain conditions are met, sale at a public auction of the franchise and due advertisement requirements thereon, written bids, right to reject payment of 5% of the estimated cost of the system unless company already has sufficient facilities to provide the franchise services and payment of $500 for advertisement and administrative costs with any excess amounts exceeding actual cost to be returned to bidders within 30 days, payment of the sum of at least 3% of company's gross annual revenues from the sale, distribution and or delivery of gas within Fayette County beginning with the first billing period following tariff approval by the Public Service Commission with existing payments to continue until such approval is obtained, payment of permitting fees, filing of an application or tariff with the Public Service Commission within 10 working days of acceptance of the bid, suspension of payment of the franchise fee if no final determination regarding tariff approval is made and allowing government to terminate the franchise upon such condition, all payments to be made within 30 days of the preceding calendar month, payment is not in accord and satisfaction, right to audit and to payment of cost if the company is found to have withheld 5% or more for any six-month period or if performed as part of modification, extension or granting of a franchise or transfer of company or assignment of the franchise, interest of 8% on any late or recomputed payments and an adjustment for overpayments, bid must accept the conditions of this ordinance and may include additional consideration payments, violations of the franchise shall be conditioned under forfeiture law of Kentucky Applies, venue in Fayette County, no third-party rights, any unlawful provision is severable and franchise effective when the council accepts the bids, all effective on the date of passage. Thank you very much. Is there a motion to approve item 36? I have a motion by Councilmember Blues and a second by Councilmember McCord to approve item number 36. Any discussion? For those in favor, then, please indicate by voting aye electronically. Those opposed, vote nay electronically. Madam Clerk, please call the roll. Mr. Ellinger? Aye. Ms. Gorton? Aye. Mr. Gray? Yes. Thank you. Ms. Henson? Yes. Ms. James? Yes. Mr. Lane? Yes. Mr. McCord? Yes. Mr. Myers? Yes. Dr. Stephens? Aye. Mr. Stennett? Yes, ma'am. Mr. Beard? You're going to have to mark me, aye, my screen has gone crazy. I'm sorry about that. Got you taken care of over here. Mr. Blevins? Aye. Mr. Blues? Yes. And Ms. Crosby? Yes. Thank you. Thank you very much. That brings us now to resolutions entitled to second reading. Madam Clerk. Resolution number one, a resolution accepting the bid of Dixon Electric Incorporated in the amount of $360,656 for the Town Branch Wastewater Treatment Plant, E-Fluent Pump and Emergency Generator for the Division of Water and Air Quality. Number two, a resolution accepting the bid of Central Steel Company establishing a price contract for restriping Man o' War Boulevard for the Division of Traffic Engineering. Number three, a resolution accepting the bid of Enos Pain Incorporated establishing a price contract for thermoplastic retroreflective pavement markings for the Division of Traffic Engineering. Number four, a resolution accepting the bid of C.R. Cable Construction Incorporated in the amount of $58,000 for the West Hickman Wastewater Treatment Plant Fiber Project for the Division of Water and Air Quality. Number five, a resolution accepting the bid of Tom Chestnut Excavation and Construction LLC establishing a price contract for fencing for Man o' War for the Division of Streets, Roads and Forestry. Number six, a resolution accepting the bid of BCD Incorporated in the amount of $161,675 for the Acton Park Shelter Renovation for the Division of Parks and Recreation. Number seven, a resolution accepting the bid of Vehicle Systems Incorporated in the amount of $26,520 for the Quad Interface Shelter for the Division of Environmental and Emergency Management. Number eight, a resolution accepting the bids of Ellerslie Corporation doing business as Freedom Dodge Chrysler Jeep Line X of Kentucky LLC and Advanced Construction of Kentucky LLC establishing price contracts for spray-applied pickup truck bed liner for the Division of Fleet Services. Number nine, a resolution accepting the bid of C.W. Nielsen Manufacturing Corporation establishing a price contract for police badges for the Division of Police. Number ten, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an agreement with the Salvation Army for use of funds from the Kentucky Housing Corporation for operation of an essential services program for homeless families at a cost not to exceed $9,000. Number eleven, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute facility usage agreements and concession agreements with Gardenside Western West. Little League, Bluegrass Girls Fast Pitch, Southeastern Babe Ruth, Dixie Youth Baseball, Eastern Little League, Kirk Leamington Senior Baseball, Northern Cal Ripken, Southeastern Cal Ripken, South Lexington Babe Ruth, South Lexington Youth Baseball, Southwest Lexington Pony Baseball for use of government-owned ball fields for the benefit of the youth and the community at no cost to the Urban County Government. Number 12, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute agreements with Grosvenor Neighborhood Association, Incorporated, $1,500, the Southland Association, Incorporated, $3,100, Green Acres, Hollow Creek, Breckenridge Neighborhood Association, Incorporated, $950, Historic Western Suburb Neighborhood Association, Incorporated, $700, and Georgetown Street Neighborhood Association, Incorporated, $500 for the office of the Urban County Council at a cost not to exceed the sums stated. Number 13, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a memorandum of understanding with Chrysalis House, Incorporated, for provision of mutual assistance at no cost to the Urban County Government. Number 14, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a certificate of consideration and accept a deed conveying a temporary construction easement from J.C. Crowe and Rita J. Crowe for the property located at 1200 North Broadway for the 12th Street Neighborhood Improvements Project and authorizing payment in the amount of $1,550 plus usual and appropriate closing costs. Number 15, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute change order number five to the contract with Nesbitt Engineering, Incorporated, for design of the Meadows-Northland-Arlington Public Improvements Subface 3C, increasing the contract price by the sum of $23,500 from $204,958.78 to $228,458.78. A resolution ratifying the probationary civil service appointments of Timothy Edwards, Equipment Operator Senior, Grade 109N, 18.244 Hourly in the Division of Waste Management, effective May 26, 2008. David Jett, Jr., Equipment Operator Senior, Grade 109N, 18.050 Hourly in the Division of Waste Management, effective May 26, 2008. William McCann, Equipment Operator Senior, Grade 109N, 12.911 Hourly in the Division of Waste Management, effective May 26, 2008. Ratifying the permanent civil service appointments of Frank Botag, GIS Specialist, Grade 114N in the Division of Planning, effective May 12, 2008. Donald Bowman, Treatment Plan Operator Apprentice, Grade 107N in the Division of Water and Air Quality, effective May 26, 2008. Norman Sinclair, Public Service Worker, Grade 106N in the Division of Parks and Recreation, effective June 10, 2008. Kendra Carter, Customer Service Supervisor, Grade 113E in the Division of Government Communications, effective May 12, 2008. Ratifying the probationary sworn appointments of William Cox, Fire Lieutenant, Grade 315N, 16.261 Hourly in the Division of Fire and Emergency Services, effective May 14, 2008. Joseph Best, Fire Captain, Grade 316N, 21.497 Hourly in the Division of Fire and Emergency Services, effective May 14, 2008. Ratifying the permanent sworn appointments of Stephen Buxton, Robert Crovo, Brandon Finley, Robert Foran, Travis Gilliam, Robert Hannon, Barry King, Seth Lockard, Matthew Logston, Curtis Manning, David Moore, Andrew Morrow, Jonathan Ott, Adam Sorrell, Jason Stowe, Matthew Swiderski, Joshua Thiel, Brandon Vogt, Christopher Warren, John-Claude Whitney, Zachary Ryer, Firefighter, Grade 311N in the Division of Fire and Emergency Services, effective May 25, 2008. Ratifying the probationary Division of Community Correction appointments of Anthony Rogers, Nicholas Alexander, Marcus Murphy, Thomas Baker, Jonathan Vago, Jason Burden, Luke Elam, Joshua Rugard, Ricky Gill, James Sizemore, Christopher Hayes, Clarence Houston, Lisa Mahone, Jonathan Hunt, Charles Patrick, Jonathan Tucker, Nicholas Lewis, Donna Cornett, Michael Arvin, Clyde Fletcher, Monica Martin, Community Corrections Officer, Grade 110N, 13.390 Hourly in the Division of Community Corrections, effective June 9, 2008. James Kilgore, Community Corrections Officer, Grade 110N, 13.470 Hourly in the Division of Community Corrections, effective May 26, 2008. Tina Strange, Community Corrections Lieutenant, Grade 110N, 24.340 Hourly in the Division of Community Corrections, effective May 26, 2008. Approving the unclassified civil service appointments of Dane Grant, Landfill Inspector, Grade 108N, 11.989 Hourly in the Division of Waste Management, effective May 26, 2008. Number 17, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute and submit 11 grant applications 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 $11,388,199 federal funds and are for purchase of a NIMS National Incident Management System Compliant Salamander Fire Tracks Computer-Based Wide Area Network Accountability System, $150,000, and a Heavy Hazardous Materials Command and Response Vehicle, $600,000, for the Division of Fire and Emergency Services, hiring a contractor to develop an All Hazards Disaster Preparedness Plan for the 2010 World Equestrian Games, $25,000, for the Division of Environmental and Emergency Management, the expansion of the Central Kentucky 911 Network to include additional jurisdictions, $233,600, and integration of current UHF and 800 megahertz radio communication systems for police and fire into one interoperable system, $7,100,000, for the Division of Enhanced 911, the purchase of a backup system for the blood management system software, $24,000, and purchase of shatter-resistant window film, $47,410, for the Kentucky Blood Center, the purchase and installation of mobile data computers for the Division of Police, Transylvania University Police, Kentucky Horsepark Police, Bluegrass Airport Public Safety, Fayette County School Security, and the Fayette County Sheriff's Office, $2,434,700, and the purchase of personnel protective, personal protective equipment and upgrades to the robot for the Hazardous Devices Unit, $122,760, two total containment vessels for the transport of live hazardous devices, $500,000, and a FARO photon laser scanner system, $150,729, for the Division of Police. Number 18, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an administrative services contract with Delta Dental Plan of Kentucky, Incorporated for administration of dental insurance plans for both premier and passive PPO for the period January 1, 2008 to December 31, 2008. Number 19, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a memorandum of agreement with the Transit Authority of the Lexington-Fayette-Urban County Government to facilitate the placement of bus shelters at no cost to the Urban County Government. Number 20, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute agreements with Green Acres, Hollow Creek, Breckenridge Neighborhood Association, Incorporated, $500, Central Kentucky Radio Eye, Incorporated, $1,175, Lexington Youth Soccer Association, Incorporated, $4,350, Lexington Habitat for Humanity, Incorporated, $3,100, the Gardens of Heartland Homeowners Association, Incorporated, $2,450, Girls on the Run Lexington Corporation, $1,100, Hillandale Neighborhood Association, Incorporated, $400, Meadows and Loudon Avenue Neighborhood Association, Incorporated, $500, and William Wells Brown Neighborhood Association, Incorporated, $82.36 for the office of the Urban County Council at a cost not to exceed the sums stated. And number 21, a resolution approving the FY 2009 budget of the Transit Authority of the Lexington-Fayette-Urban County Government, LEXTRAN, pursuant to KRS 96A.360 and requesting that the Fayette County Sheriff's Office disperse the funds to LEXTRAN Collective from the ad valorem tax approved by voters on November 9, 2004. Thank you, Madam Clerk. That concludes. I move approval of the items. I have a motion by Councilmember Stephens and a second by Councilmember Ellinger to approve those resolutions receiving their second reading. Is there any discussion? Seeing none, we'll proceed to vote. Those in favor of approving those resolutions, please indicate by voting aye electronically. Those opposed, vote nay electronically. Madam Clerk, please call the roll. Mr. Ellinger? Yes. Ms. Gorton? Aye. Mr. Gray? Ms. Henson? Yes. Ms. James? Yes. Mr. Lane? Yes. Mr. McChord? Yes. Mr. Myers? Yes. Dr. Stephens? Aye. Ms. Williams? Aye. Mr. Williams? Aye. Ms. Williams? Aye. Ms. Williams? Aye. Mr. Stennett? Yes, ma'am. Mr. Beard? Having brought my screen back into compliance, I will say aye also. Okay. Mr. Blevins? Yes, ma'am. Mr. Blues? Yes. And Ms. Crosby? Excuse me. Thank you. Thank you very much. Those resolutions are approved. We're now ready for the resolutions entitled to first reading. Madam Clerk, and let me also mention I'm a step away for a brief while and I've asked Vice Mayor Gray to assume the chair during my absence. So, Madam Clerk. Resolutions number 22, a resolution accepting the bid of Casey Creek Construction Incorporated in the amount of $79,721 for structural repairs to the fire station number 5 for the Division of Fire and Emergency Services. Number 23, a resolution accepting the bid of Ebridge establishing a price contract for document imaging provider for the Division of Revenue. Number 24, a resolution accepting the bid of Mid-Continental Restoration Company Incorporated in the amount of $38,547 for rear facade masonry repair, Kentucky Theater for the Division of Building Maintenance and Construction. Number 25, a resolution accepting the bid of Alertus Technologies LLC in the amount of $85,825 for an FM emergency alert system for the Division of Environmental and Emergency Management. Number 26, a resolution accepting the bid of Emergency Equipment establishing unit price contracts for deployable raker system for the Division of Fire and Emergency Services. Number 27, a resolution accepting the bids of Ecolab Incorporated establishing a price contract for laundry dispensing system and supplies for the Division of Community Corrections. Number 28, a resolution accepting the bid of Federal Signal Corporation in the amount of $22,246.15 for outdoor warning siren for the Division of Environmental and Emergency Management. Number 29 was removed by the motion earlier. Number 30, a resolution accepting the bids of Advanced Turf Solutions Incorporated, Regal Chemical Company, Lesco Incorporated, Turf Grass Incorporated, and Harrells formerly turf specialties establishing price contracts for golf course horticultural products for the Division of Parks and Recreation. Number 31, a resolution accepting the bid of Wesco Distribution establishing a price contract for electrical items for the Division of Building and Divisions of Building Maintenance Construction and Parks and Recreation. Number 32, a resolution accepting the bid of A&B Industrial Sheet Metal in the amount of $22,656.00 for replacement of the rooftop makeup air unit, town branch waste water treatment plant for the Division of Water and Air Quality. Number 33, a resolution accepting the bid of Monthly Mechanical in the amount of $23,682.34 for replacement of the rooftop HVAC system at Castlewood Community Center for the Division of Parks and Recreation. Number 34, a resolution accepting the bid of Scan Technology Incorporated establishing a price contract for handheld scanners for the Division of Police. Number 35, a resolution accepting the bid of QX.net in the amount of $24,000.00 for internet access for the Division of Computer Services. Number 36, a resolution accepting the bid of D.M. Anderson Incorporated establishing a price contract for area velocity flow modules for the Division of Water and Air Quality. Number 37, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an agreement with Kathy H. Witt, Sheriff of Fayette County for the collection of the Urban Service District taxes for the 2008 property tax year at a cost not to exceed $350,000.00 with payment net from collections. Number 38, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an agreement with the Kentucky Office of Homeland Security for extension of the Division of Police's Mobile Computer Network project through December 31, 2008, 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 an agreement with the Kentucky Office of Homeland Security for extension of the Portable and Interoperable Communications Tower project through December 31, 2008, at no cost to the Urban County Government. Number 40, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an agreement with the Kentucky Office of Homeland Security for extension of the Regional 9-1-1 System project through December 31, 2008, at no cost to the Urban County Government. Number 41, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an agreement with Antioch Missionary Baptist Church, Incorporated, $200 for the office of the Urban County Council at a cost not to exceed the sum stated. Number 42, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute Supplemental Agreement Number 2 with Commonwealth of Kentucky Transportation Cabinet Department of Highways to reimburse the Urban County Government up to $1,198,883 for right-of-way acquisition and utility relocation for the widening and reconstruction of Todd's Road-Liberty Road Section 2 project. Number 43, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an amendment to agreement with the U.S. Department of Housing and Urban Development for extension of the Housing Opportunities for Persons with AIDS project through December 31, 2008, at no cost to the Urban County Government. Number 44, a resolution accepting the proposal of Tetra Tech, Incorporated, to perform annual program management services related to the EPA consent decree and authorizing and directing the Mayor on behalf of the Urban County Government to execute an engineering services agreement with Tetra Tech, Incorporated, for performance of such services and authorizing initial payment of funds in the amount not to exceed $250,000 and further payments pursuant to the terms of the agreement. Number 45, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a professional services agreement with Lowe's and Associates for an update to the 1998 Parks Master Plan and provide a master plan for Hysel Park at a cost not to exceed $125,000. Number 46, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute lease renewal agreements with Commonwealth Kentucky for the rental of space from the Urban County Government at the annex building 162 East Main Street for use by the State Police and the Transportation Cabinet. Number 47, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a memorandum of agreement with Regional Organized Crime Information System for sharing of information with the Division of Police at no cost to the Urban County Government. Number 48, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a memorandum of agreement with Murray State University, Kentucky Institute for International Studies for Spanish language instructional hours for the Division of Police at an initial cost not to exceed $4,995 and authorizing future payments under the agreement as appropriated by the Urban County Council. Number 49, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a memorandum of understanding with the Department of Veterans Affairs and Federal Bureau of Investigation for responses and investigations involving the Department of Veterans Affairs, Property, and the Division of Police at no cost to the Urban County Government. Number 50, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute 14 memorandums of understanding with the following law enforcement agencies, Clark County Sheriff's Office, Georgetown Police Department, Jessama County Sheriff's Department, Kentucky Motor Vehicle Enforcement, Kentucky State Police, Nicholasville Police Department, Paris Police Department, Richmond Police Department, Scott County Sheriff's Office, Transylvania University Police, University of Kentucky Police Department, Brussels Police Department, Winchester Police Department, and Woodford County Sheriff's Office for provision of mutual aid by and for the Division of Police at no cost to the Urban County Government. Number 51, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a third amendment to health services agreement with Correctional Medical Services Incorporated for amendment of the agreement for the provision of health care services to inmates at the detention center to provide additional hours for an administrative assistant and to delete references to the juvenile detention facility at no additional cost to the Urban County Government. Number 52, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute change order number one to the contract with Thoroughbuilt Construction for the Gratz Park kitchen roof, increasing the contract price by the sum of $1,150 from $29,875 to $31,025. 53, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute change order number one to the contract with number 921 with Louisville Paving Company at the Douglas Park Basketball Court, 726 Georgetown Street, increasing the contract price by the sum of $10,075 from $465,200 to $475,275. 54, a resolution amending Resolution Number 413-2006 relating to the Capital Expenditure Fund Program to delete authorization to execute an agreement with Georgetown Neighbor Association Incorporated and the accompanying allocation. Number 55, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a certificate of consideration and accept a deed conveying a temporary construction easement from Frank and Norma Richmond for the property located at 1000 Della Drive for the Appomattox Road Culvert Replacement Project and authorize a payment in the amount of $699 plus usual and appropriate closing costs. Number 56, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a certificate of consideration and accept a deed conveying a temporary construction easement from Micah Hudsell for the property located at 989 Holly Springs Drive for the Appomattox Road Culvert Replacement Project and authorize a payment in the amount of $758 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 accept a deed conveying a temporary construction easement from David and Ruby James for the property located at 993 Holly Springs Drive for the Appomattox Road Culvert Replacement Project and authorize a payment in the amount of $252 plus usual and appropriate closing costs. Number 58, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a certificate of consideration and accept a deed conveying a temporary construction easement from Fayette County Public Schools for the property located at 1901 Appomattox Road for the Appomattox Road Culvert Replacement Project and authorize a payment in the amount of $941 plus usual and appropriate closing costs. Number 59, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a certificate of consideration and accept a deed conveying a temporary construction easement from James F. Drummer, Richard Drummer and James E. Caton for the property located at 1008 Eastland Drive for the Loudoun Avenue Improvements Project and authorize a payment in the amount of $275 plus usual and appropriate closing costs. Number 60, a resolution authorizing the Division of Human Resources to internally advertise for an Administrative Specialist Senior position in the Department of Environmental Quality. Number 61, a resolution ratifying the Probationary Civil Service Appointments of Jennifer Myatt, Program Specialist, Grade 112B, 1206-48 Bi-Weekly in the Division of Water and Air Quality, effective June 8, 2008. Thomas Hilbrand, Treatment Plant Operator, Grade 113N, 24.208 Hourly in the Division of Water and Air Quality, effective June 9, 2008. Ratifying the Permanent Civil Service Appointment of Oliver Steele, Nuisance Control Officer, Grade 111N in the Division of Code Enforcement, effective June 10, 2008. Robert Harris, Equipment Operator Senior, Grade 109N in the Division of Waste Management, effective May 26, 2008. Approving leave of absence for Tracy Stephenson, Human Resources Manager Senior, Grade 121E in the Division of Human Resources, requests a 90-day Council-approved leave without pay from June 17, 2008 to September 19, 2008. Number 62, a resolution authorizing the initiation of condemnation proceedings in Fayette Circuit Court by the Law Firm of Stites and Harbison, PLLC, on behalf of the Lexington-Fayette Urban County Airport Board to obtain all or a portion of the property located at 4478 and 4480 Versailles Road, Lexington-Fayette County, Kentucky, with all costs associated with the condemnation to be borne by the Lexington-Fayette Urban County Airport Board. 63, 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 9-1-1 Coordinator, Commercial Mobile Radio Service Board and to provide any additional information requested in connection with this grant application, which grant funds are in the amount of $371,200 Commonwealth of Kentucky funds and are for expansion of the Central Kentucky 9-1-1 Network to include additional jurisdictions, Hardin, Casey, Garrett, Perry, Estill, Meade, Boyd, Rockcastle, Lincoln and Taylor Counties. 64, a resolution 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 Office of Justice Programs and to provide any additional information requested in connection with this grant application, which grant funds are in the amount of $400,000 federal funds and are for implementation of a Safe Highway Initiative for the Division of Police. Number 65, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute and submit a grant application to the Environmental Protection Agency and to provide any additional information requested in connection with this grant application, which grant funds are in the amount of $750,000 federal funds under the Southeast Diesel Collaborative FY 2008-2009 Diesel Program and are for a program to reduce pollution from heavy-duty diesel vehicles and equipment. Number 66, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute the Statement of Affiliation for the Establishment of the Division of Fire and Emergency Services Special Operations Technical Rescue Team as the only recognized rescue squad team in Fayette County under the KRS Chapter 39F at no cost to the Urban County Government. Number 67, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an Engineering Services Agreement with OPS Systems Incorporated for operations, software, and services for the wastewater treatment plants and the lab at a cost not to exceed $62,200. Number 68, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an Engineering Services Agreement with Strand Associates Incorporated for investigation and design services for the screw pump replacement at Town Branch Wastewater Treatment Plant at a cost not to exceed $64,000. Number 69, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an agreement with Potter & Co. LLP for the Fayette County Sheriff's 2008 Property Tax Settlement Audit at a cost not to exceed $12,560. Number 70, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an Engineering Services Agreement with Tetra Tech Incorporated for development of a sanitary sewer fats, oils, and grease program as part of the EPA Consent Decree at a cost not to exceed $50,000. Number 71, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an agreement with IO Solutions Incorporated for testing applicants for the positions of Lieutenant, Captain, and Major in the Division of Fire and Emergency Services at a cost not to exceed $13,500. 72, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an agreement with Kentucky World Trade Center, Lexington Incorporated for the provisions of services at a cost not to exceed $115,000 FY 2008. Number 73, a resolution amending Section 2 of Resolution Number 291-2008 authorizing execution of an agreement with the Board of Education of Fayette County, Kentucky for preparation and delivery of meals for the 2008 Summary Food Service Program to correct the amount to be paid for each snack. 74, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an agreement with Lexington Veterans Repairs Medical Center, $2,000. Gainesway Community Empowerment Center Volunteer Board Incorporated, $644. Gainesway Neighborhood Association Incorporated, $575. Tateswood Neighborhood Association Incorporated, $575. Center Parkway Neighborhood Association Incorporated, $575. Park Place Neighborhood Association Incorporated, $575. Bluegrass Community Foundation Incorporated, $8,200. Northern Cal Ripken Incorporated, $900. Northern Cal Ripken Incorporated, $250. And Shetland Homeowners Association Incorporated, $749 for the office of the Urban County Council at a cost not to exceed the sums stated. Number 75, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a lease with MES Enterprises, LLC for the lease of space for Project Synergy at a cost not to exceed $97,383. 76, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a lease agreement with Clark Central, LLC for parking and storage at 203 East 3rd Street, Lexington, Kentucky for the Division of Fire and Emergency Services at a cost not to exceed $3,000. Number 77, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an amendment to agreement with the Kentucky Governor's Office of Local Development for extension of the Gainesway Park Development Project through June 30, 2009 at no cost to the Urban County Government. Number 78, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a fifth amendment to agreement with Ameri-National Community Services Incorporated for loan servicing for the home and CDBG housing rehabilitation and homeownership programs to extend the agreement through June 30, 2009 at an additional cost not to exceed $30,000. Number 79, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an amendment to agreement with the Kentucky Governor's Office of Local Development for extension of the Survivors 2 Project through June 30, 2009 at no cost to the Urban County Government. Number 80, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an amendment to agreement with the Kentucky Governor's Office of Local Development for extension of the Aviation Museum of Kentucky Project through June 30, 2009 at no cost to the Urban County Government. Number 81, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an amendment to agreement with the Kentucky Office of Homeland Security for extension of the Metropolitan Medical Response Systems Project through March 31, 2009 at no cost to the Urban County Government. Number 82, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute amendment number 8 to the contract with Intron, formerly known as American Consulting Engineers, PELC, for professional services for the Newtown Pike Extension Project, increasing the contract price by the sum of $752,396 from $4,708,720.51 to $5,461,116.51. Number 83, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute change order number 1 to the contract with Asphalt Paving and Maintenance for the Southland Park parking improvements, increasing the contract price by the sum of $2,501 from $69,987.75 to $72,488.50. Number 84, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute change order number 3 to the contract with BCD Incorporated for the Gainesway Community Center Project, increasing the contract price by the sum of $15,150.94 from $827,454.46 to $842,605.40. Number 85, a resolution amending Resolution No. 94-2008, which authorized and directed the Mayor on behalf of the Urban County Government to execute a Certificate of Consideration and accept a deed conveying a temporary construction easement from Joe and Lori Adams to change the address from 227 Flora Park to 227 Forest Park Road. Number 87, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a Certificate of Consideration and accept a deed conveying a temporary construction easement from Cora Spence Carrick for the property located at 1118 North Broadway for the 12th Street Neighborhood Improvements Project, and authorizing payment in the amount of $975 plus usual and appropriate closing costs. Number 87, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a Certificate of Consideration and to accept a deed for the property located at 804-805 Farra Court from R. Rogers Properties, LLC, for the Red Cliff Road Stormwater Improvements Project and authorizing payment in the amount of $107,500 plus usual and appropriate closing costs. Number 88, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a Certificate of Consideration and to accept a deed for the property located at 809 Farra Court from Deborah Coleman Wiginton for the Red Cliff Road Stormwater Improvements Project and authorizing payment in the amount of $111,581.19 plus usual and appropriate closing costs. Number 89, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an amendment to the agreement with Windburn Neighborhood Association, Inc. to reflect a change in the use of $5,000 of capital project funds from developing a corridor visioning plan to the neighborhood sign and sidewalk replacement at no additional cost to the Urban County Government. Number 90, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an amendment to agreement with the Georgetown Neighborhood Association, Inc. to reflect the change in the use of $5,000 of capital project funds from developing a corridor visioning plan to sidewalk repair in Douglas Park at no additional cost to the Urban County Government. Number 91, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an amendment to agreement with the Oak Neighborhood Association, Inc. to reflect the change in the use of $23,500 of capital project funds from renovating a basketball court to renovating the community center at Oakwood Park at no additional cost to the Urban County Government. And 92, a resolution amending Resolution Number 413-2006 relating to the capital expenditure fund program to delete authorization to execute an agreement with the Masterson Station Neighborhood Association, Inc. and the accompanying allocation. Vice Mayor. Madam Clerk, you deserve a Medal of Honor. Vice Mayor. Would you like some water or something stronger? Yes, sir. I have a walk-on. A walk-on. She thought she was through. I move to place a resolution on the docket for Thursday, June 12, 2008, accepting a bid with Exelon Energy Company for the purchase and transportation of natural gas to the Community Corrections Center. So moved. Second. Motion and second. Is there any discussion? All in favor, please say aye. Aye. All opposed, no. Motion carries. Council Member Henson. Vice Mayor, I move to place on the docket a resolution authorizing and directing the Mayor to execute it and submit a grant application to the U.S. Department of Justice requesting funds for a youth mentoring program. So moved. Motion. Is there a second? Second. There's a motion and a second. Is there any discussion? All in favor, please say aye. Aye. All opposed, no. Motion carries. Dr. Stephens. At appropriate time, I want to request a second reading. Okay. All right. We've got to do the first reading. So those first. Do we need, Council Member Blues, have you got a? Okay. I'll give these to first reading and then you can do your suspensions. Suspend the rules. Right. Okay. Thank you, ma'am. Okay. Resolution number 93. A resolution accepting the bid of Exelon Energy Company establishing a price contract in an amount equal to the natural gas price at the time of requested delivery based on rates established by the New York Mercantile Exchange plus .899 per decathlon for transportation of the natural gas and authorizing and directing the Mayor on behalf of the Arbor County Government to execute an agreement with Exelon Energy Company all for the direct purchase and transportation of natural gas for use by the Division of Community Corrections at 600 Old Franklin Circle. And number 94. A resolution authorizing and directing the Mayor on behalf of the Arbor County Government to execute and submit an application to the U.S. Department of Justice Office of Juvenile Justice and Delinquency Prevention and to provide any additional information requested in connection with this application which grant funds are in the amount of $500,000 federal funds under the FY 2008 Strengthening Youth Mentoring through Community Partnership Program and are for the provisions of mentoring services to youths ages 8 through 18. Thank you Madam Clerk. Council Member Gordon. Yes Vice Mayor. I move to suspend the rules and give second reading to number 43. This item has to be back to HUD before June the 30th. Number 64 which is a grant application that's due before our next meeting and number 65 which is also a grant application due before our next meeting. So moved. There's a motion and a second. We need to get those now or can we take them all? Okay. Council Member Blues. Thank you Vice Mayor. I'd like to add 89, 90, 91. Whoa, whoa, whoa, whoa. Can you help do that again Dr. Professor? Can you get start all over again on that? 89, 90, 91, 92 please. The these allocations need to be completed before the end of the fiscal year. Thank you. Thank you. Thank you. There's a motion on those and a second. We got a second on those. All right. Okay. Council Member Beard. Yes I'd like to request a second reading on number 93. This 93 it's the one concerning Exelon Energy Company for the purchase of transportation of natural gas to community corrections and they need to keep their hot water heaters running up there so it's not to heat the place. Dr. Stephens. So it's just 93 right? 93. Okay. That's all. Thank you. Dr. Stephens. I move for suspension of the rules in order to do a second reading for resolution number 62. This is the resolution that enables the the urban county government to participate with the airport board in a condemnation suit for the land enabling them to build a new runway and they need to move with this because they have a contract to start on the project and can do it and it's necessary if they want to achieve this new runway by 2010 for the equestrian games. So I so move. And I have a map in front of me here if anybody wants to know where the land is. So there's a motion and a second on suspending the rules for item number 62. Is there any more? Council Member Henson. Yeah. Vice Mayor, I'd like to suspend the rules for number 81. It's an agreement with the Homeland Security to and this is this agreement just needs to get back to the state in a quicker manner than usual and also I'd like number 94 which is a grant application that needs to be submitted. Thank you. Thank you. Council Member Henson. That was 94 and 81, right? Okay. Any more? Did I get yours correct, Council Member Gordon? 43, 62, 64 and 65. Does that sound right? Susan, did you get the numbers? The first one's 43. I can read them off and see if everybody agrees. That'd be helpful. I've got 43, 62, 64, 65, 81, 89, 90, 91, 92, 93 and 94. That's what I have too. Okay. So we take a motion for all of them. Did I hear a motion to suspend the rules on the ones that Susan's just called? Oh, there is a motion. We've got a second. Okay. Any discussion on these? Any further discussion? Ready to vote? Okay. All in favor, please say aye. Aye. All opposed, no. Motion carries. Okay. So am I right here that the next thing on the agenda is number? I have to give these second reading. Please. No, I'm wrong. Okay. Thank you. I appreciate your expeditiousness though. That's okay. Resolution number 43 for second reading. A resolution authorizing a directly mayor on behalf of the Urban County Government to execute an amendment to agreement with U.S. Department of Housing and Urban Development for extension of the Housing Opportunities for Persons with AIDS project through December 31, 2008 at no cost to the Urban County Government. Number 62. A resolution authorizing initiation of condemnation proceedings at Fayette Circuit Court by the law firm of Stites and Harvest and PLLC on behalf of the Lexington-Fayette Urban County Airport Board to obtain all or a portion of the property located at 4478 and 448 Oversells Road, Lexington-Fayette County, Kentucky with all costs associated with the condemnation to be borne by the Lexington-Fayette Urban County Airport Board. Number 64. Number. A resolution authorizing and directing the mayor on behalf of Urban County Government to execute and submit a grant application to the U.S. Department of Justice Office of Justice Programs and to provide any additional information requested in connection with this grant application which grant funds are in the amount of $400,000 federal funds and are for implementation of a Safe Highway Initiative for the Division of Police. Number 65. A resolution authorizing and directing the mayor on behalf of Urban County Government to execute and submit a grant application to the Environmental Protection Agency and to provide any additional information requested in connection with this grant application which grant funds are in the amount of $750,000 federal funds under the Southeast Diesel Collaborative FY 2008-2009 Diesel Program and are for a program to reduce pollution from heavy-duty diesel vehicles and equipment. Number 81. A resolution authorizing and directing the mayor on behalf of Urban County Government to execute an amendment to agreement with the Kentucky Office of Homeland Security for extension of the Metropolitan Medical Response Systems Project through March 31, 2009 at no cost to the Urban County Government. Number 89. A resolution authorizing and directing the mayor on behalf of Urban County Government to execute an amendment to the agreement with the Windward Neighborhood Association Incorporated to reflect a change in the use of $5,000 of capital project funds from developing a corridor visioning plan to the neighborhood sign and sidewalk replacement at no additional cost to the Urban County Government. Number 90. A resolution authorizing and directing the mayor on behalf of Urban County Government to execute an amendment to the agreement with Georgetown Neighborhood Association Incorporated to reflect a change in the use of $5,000 of capital project funds from developing a corridor visioning plan to sidewalk repair in Douglas Park at no additional cost to the Urban County Government. Number 91. A resolution authorizing and directing the mayor on behalf of Urban County Government to execute an amendment to the agreement with the Oakwood Neighborhood Association Incorporated to reflect a change in the U.S. in the use of $23,500 of capital project funds from renovating a basketball court to renovating the community center at Oakwood Park at no additional cost to the Urban County Government. Number 92. A resolution amending resolution number 413-2006 relating to the capital expenditure fund program to delete authorization to execute an agreement with the Masterson Station Neighborhood Association Incorporated and the accompanying allocation. Number 93. A resolution accepting the bid of Exelon Energy Company establishing a price contract in an amount equal to the natural gas price at the time of requested delivery based on rates established by the New York Mercantile Exchange plus $0.899 per decather for transportation of the natural gas and authorizing and directing the mayor on behalf of Urban County Government to execute an agreement with Exelon Energy Company for all of the direct purchase and transportation of natural gas for use by the Division of Community Corrections at 600 Old Frankfort Circle. And 94. A resolution authorizing and directing the mayor on behalf of Urban County Government to execute and submit an application to the U.S. Department of Justice Office of Juvenile Justice and Delinquency Prevention and to provide any additional information requested in connection with this application which grant funds are in the amount of $500,000 federal funds under the FY 2008 Strengthening Youth Mentoring Youth Through Community Partnerships Program and are for the provision of mentoring services to youth ages 8 through 18. And now a motion would be appropriate. Thank you. Madam Clerk. Council Member Blues. Just a question for the for the clerk. Did you get 89 and 90? You did. Thank you. There's a motion to approve. Is there a second? There is a second. And is there any discussion? Okay. Hearing none, we're ready to vote. This is a roll call, right? Okay. Madam Clerk. Mr. Ellinger. I'd call the roll for you if I could, but I don't think they'll let me. I got it covered. Mr. Ellinger. Ms. Gorton. Aye. Mr. Gray. Yes. Thank you. Ms. Henson. Yes. Ms. James. Mr. Lane. Yes. Mr. McCord. Yes. Mr. Myers. Dr. Stevens. Aye. Mr. Stennett. Mr. Beard. Aye. Mr. Blevins. Aye. Mr. Blues. Ms. Crosby. Thank you. Thank you. Thank you. Thank you. All right. Now we can move to communications from the mayor. There's a motion and a second. Is there any discussion regarding communications from the mayor? Hearing none, all in favor, please say aye. Aye. To accept all opposed, no. Motion carries. To accept communications from the mayor. What about FYI? That doesn't require any action, right? Okay. Announcements? Are there any announcements from council members? Okay. Public comment? Council Member Ellinger has suggested that it would be a good thing to do to tell the audience, our viewing audience as well, that we will be the committee of the whole, that is the council, will be continuing a budget meeting that was held earlier in the day. Mr. Vice Mayor. Yes, sir. I think Mr. Roberts. Oh, I'm not. Yeah, we're going to get to that. It's just an announcement. We're going to get to public comment in just a second. Okay. What's the pleasure? I'd say we recess back to the fifth floor or is that okay? All right. All right, everybody. Okay. It seems like we'll just stay right here. Okay. It's a long migration back to the fifth floor. All right. We move now to public comment. I believe Mr. Ed, do you want to introduce Mr. Roberts? Yeah, Mr. Roberts is the president of the Herod, I get this right here, well, the neighborhood association that's involved with the Saran Drive interchange. He's been to our meeting on a number of occasions and he just notified me today he would like to come and make some comment about the road improvements out there and we're happy to have you here this evening. Okay. I am Thomas Roberts and I live in 916 Firethorn. I was here last year and talked to you about not putting Saran Drive through. Now I'd like you to do one more thing, finish the job. The project started in late September and still remains unfinished. The roadways in and as expected is heavily trafficked. We've had our first accident at the corner of Saran Drive and Forest Lake where there's supposed to be a four-way stop going in someday relative to the entrance at the Gardens of Heartland and the new driveway for the Scobies. The landscaping needs to be done, the final asphalting needs to be done, the traffic lanes need to be put in so people turning right off of Tate Street down to Saran Drive don't encroach into the left turn lane on Saran Drive. I don't know if any of you have been out there, but what was a pretty nice area is now just a construction zone. It's been that way for better for going on nine months now. Daily the neighbors ask me when will it be done? When will we be able to restore the entrance to the kind of level that would be befitting the neighborhood that we live in? We've met with and discussed with the city officials to express our concern. We've gotten vague answers about when it will be done. We've gotten told what will be done and it will be done, but no timeline, no deadlines. It seems like we get a job done, a small job done, wait for two, three weeks for another job to be done, another small job to be done, and it's been going on that way since the weather's gotten better and that was one of the excuses to why it couldn't be done is because we needed better weather. Now I question whether that better weather is it needs to be cooler because earlier it was too cold to do it. I'm asking, I'm begging the council to instruct the city departments to finish the job now. It's taken a long time to get Saran Drive complete, about 10 years as best I can relect. Although the road is in and someone's taking credit for it, the job still is not done. Who's going to take credit for finishing the job? I have some pictures that I'd love to have you look at. It's a great, I don't know whether they'll work on the thing, but it's taken far too long to get this done. If it had been in my company, it took somebody this long, somebody would be gone. When I work with the city, it just seems like it takes forever to get something done and there are no commitments made to get anything done. So I ask you, do what you can, but we'd like to get this project finished. That's the entrance and you can't really see it, but when you turn, make that right turn onto Saran Drive, you cannot help but encroach on the left turn lane. That left turn lane that was created is probably half again as large as it needs to be. It needs to be restriked. The rest of the pictures show the construction area. Mr. Roberts, excuse me just a minute. I need to get the consent of the council. The three minute rule has expired, so we want to continue. I don't want to continue. I'm not going to truncate you. I'm just asking that you get it done. Everybody wants to see it. I just want to make sure that we are following our protocol. Thank you, sir. So go ahead. Please show us what you've got. This just looks down. That's what it looks like. The weeds are great. Weeds are great. When they put the sod over the top of it, I hope that the weeds don't take over the sod when it happens. And if I'm cynical about it, you're right, I am. It's taken far too long. That's where it looks. You can see there looking down the sideway back towards State Creek. It's been that way. Envision that being exactly like that in March of this year, because that's exactly the way it was then, except maybe a little colder. That's the beautiful turnout that was done to create the traffic calming, which was a questionable job. It seemed like somebody took about that long to think about what they would do to do it. It has made it very difficult. You can see all of our wonderful construction cones that have been there since September. That's at the driveway that leads to the Scobies. You can see where the roadway needs to be finished. Is that the last one? I think so. That's where we're at. And I'm just asking that you take some time and get somebody to get it done. Thank you. Thank you. Thank you. Anybody from the administration? Go ahead, Mr. Lane. I live out in that neighborhood and, of course, I drive by there every day. And I have been keeping our engineering and roads department up to date on the slow progress out there. And I'm very, very disappointed in the performance of our urban county government. I think it's been disappointing that we haven't been able to get this completed on a more timely basis. It's very embarrassing, and particularly after this was such a controversial modification to the road and the fact that it's been creeping along slowly as it has. I don't know if there's anybody here who wants to speak to that this evening. I know Commissioner Kelly is out of town. Kevin Wente. Thank you all. I know this has been a very frustrating project from the start. I don't want to stand here and make excuses. I will say that from my experience and what I know of the project at this point and the updates that I've received, that there are various factors, one of which has been a significant, probably the most significant factor at this point has been the weather. And I apologize for making that excuse, but given the freeze that we had and the impact that that had as far as construction allowing to occur, and then this spring has been very wet, which greatly affects our ability to grade and then to lay the sod and seed for that to take hold. As far as the paving issue, that is something that is subject to our ability to oversee ATS and their ability to get to the job. But when they're called by the state to resurface the interstate, that takes precedent over our ability to finish Saran Drive. So that being said, there may be other factors to which I'm not aware and cannot effectively report at this time, but those have been some of the issues that we've had to face. Somebody have questions? Yep. Thank you, Mr. Mayor. Kevin. Mr. Mowers, go ahead. I said, thank you. Does anybody have a timeline on when? First of all, I guess, let me step back. Is there a list of things that have to be done that someone has? There is a punch list. I'm certain of that, that I could get you. I don't have that available to me at this point in time. And with each piece on that punch list, there's someone associated with the accountability of getting it done? There is. There's a construction inspector on site to make sure that those those issues are being tended to. Is it possible maybe by Tuesday to get us that punch list and then who's accountable for those things in their timeline for expectations on getting it done? I'd be happy to see what I can find most definitely. Okay. I'm sure Mr. Lane and I would love both to help contact people to state anything we need to do to expedite the process of getting this thing done. And I apologize, sir, that it's taken this long and that you've had to deal with conditions that you're dealing with. My sole comment is that's exactly what we've heard all along. There is no specific timeline to get it finished. It's a when available. I don't know whether... Mr. Roberts, yeah, excuse me. We need to follow the protocol of one person, you know, at the mic at a time. So, but I think we did hear it. Thank you. So, who else has a... If you could get that to us maybe by Tuesday. Bill Stefano. Thank you. Sir. So, Mr. McCord. Thank you, Vice Mayor. I think that this is a prime example of the frustration that this body has felt and I have felt personally regarding a lot of things project-wise. I think we've heard from a number of entities that our ability to implement is sorely lacking and I think this is a glaring example of that. And I think that as a body, what I'd like to do is to put to the administration that this should take top priority over anything else. Get it done. Get it off the list. They certainly do not need to have to spend another month trying to figure out if they're going to get it done or not. Move it to the top of the list. Tell ATS that it's our top priority and let's just get it done so that we don't have to drag this out. But again, this is a prime example of why citizens are frustrated, the council gets frustrated. It's our inability to take a project that we say we all want to do, put money towards, and then getting it done and off the list. So, again, I would just put that back to the administration. Let's get this off the list and make it a high priority so that we can move forward. Please. Thank you. Thank you, Mr. Winnie. If there's no other public comment, then the chair will entertain a motion to adjourn. There's a motion and a second. All in favor, please say aye. All opposed, no. Motion carries. We are adjourned and we can recess, reconvene now for the meeting of the, meeting of the, well.