# Urban County Council Meeting - October 2, 2008 > Auto-transcribed civic record · Council · October 2, 2008 - **Permalink**: https://meetings.lexingtonky.news/meeting/612 - **Source video**: https://lfucg.granicus.com/player/clip/612?view_id=14&redirect=true - **Date**: 2008-10-02 - **Body**: Council - **Last revised**: July 16, 2026 - **Length**: 7,362 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 met on October 2, 2008, at 7:00 P.M. in Lexington, Kentucky, with Council Member Gorton presiding. The council addressed two agenda items during the meeting: a proclamation recognizing Lexington History Month, which was presented for informational purposes, and an ordinance proposing to change a property's zoning from Interchange Service Business (B-5P) to Agricultural Rural (A-R), which was withdrawn. The council took three motions and votes during the session and heard three public comments from members of the community. ## Attendance **Present:** Blues, Crosbie, DeCamp, Ellinger, Gorton, Henson, Lane, McChord, Myers, Stevens, Stinnett, Beard, and Blevins **Absent:** James **Late:** None ## Votes and Decisions **Motion to Remove Ordinance Number Three from Docket** [timestamp: 0:07:23] Lane moved to remove ordinance number three from the docket for second reading, seconded by Crosbie. This motion was withdrawn and did not proceed to a vote. **Approval of Ordinances Given Second Reading** [timestamp: 0:10:03] Blues moved for approval of ordinances given second reading, seconded by McChord. The motion passed by roll call vote with 13 ayes and 0 nays. The following council members voted in favor: - Blues - Crosbie - DeCamp - Ellinger - Gorton - Henson - Lane - McChord - Myers - Stevens - Stinnett - Beard - Blevins **Approval of Resolutions Given Second Reading** [timestamp: 0:21:05] McChord moved for approval of resolutions given second reading, seconded by Ellinger. The motion passed by roll call vote with 12 ayes, 0 nays, and 1 abstention. The following council members voted in favor: - Blues - Crosbie - DeCamp - Ellinger - Gorton - Lane - McChord - Myers - Stevens - Stinnett - Beard - Blevins Henson recused herself from voting on item three. ## Budget and Financial Actions The Council approved three contracts totaling $1,486,337.75 for capital projects and maintenance work. **Waste Management Building HVAC Renovation** The Council awarded a contract to Teco Mechanical Contractor, Inc. for $639,200 to complete HVAC renovation work at the Waste Management Building. **Asphalt Surface Maintenance** Pavement Technology, Inc. received a contract for $150,500 to perform asphalt surface maintenance using asphalt rejuvenating agent. **Cadentown Sanitary Sewer Project** Schroeder Construction, Inc. was awarded a contract for $696,637.75 for the Cadentown Sanitary Sewer Project. ## Public Comment Three members of the public addressed the Council during this meeting. **Downtown Success Metrics** Bernard McCarthy spoke at [timestamp: 0:41:22] regarding how downtown success should be measured. Mr. McCarthy emphasized that the success of downtown should be evaluated based on the profitability of property owners rather than the number of people on the streets. **Community Safety** Lewis Cobb addressed the Council at [timestamp: 0:43:30] with concerns about community safety. Mr. Cobb expressed worry over the safety of young people in the community and called for unity to prevent further violence. **Economic Development** Eric Patrick Marr spoke at [timestamp: 0:44:34] about economic development policies in Lexington. Mr. Marr discussed the need for better economic development policies and highlighted the loss of talented individuals from the community due to a lack of suitable job opportunities. ## Appointments The Council made the following appointment at the October 2, 2008 meeting: * **Peter Everett Brown** was appointed to the Board of Adjustment. ## Proclamation – Lexington History Month [timestamp: 00:03:33] The Council considered a proclamation declaring October as Lexington History Month, recognizing the historical significance of Lexington and Fayette County. **Key Speakers** The proclamation was presented by Gorton and James Kemper Millard. **Outcome** The item was informational in nature, with the proclamation being made to acknowledge the historical importance of the community during the month of October. ## Ordinance changing the zone from an Interchange Service Business (B-5P) zone to an Agricultural Rural (A-R) zone [timestamp: 07:23] The Council considered an ordinance that would have changed the zoning designation of a property from Interchange Service Business (B-5P) to Agricultural Rural (A-R). However, the ordinance was removed from the docket after the petitioner withdrew the application. Lane and Crosbie were the key speakers on this agenda item. The ordinance did not proceed to substantive discussion or debate, as the withdrawal occurred before the matter could be fully presented to the Council. **Outcome:** Withdrawn --- ## Decisions - **Motion** — withdrawn (0-0): Remove ordinance number three from the docket for second reading - **Motion** — passed (13-0): Approval of ordinances given second reading - **Motion** — passed (12-0): Approval of resolutions given second reading --- ## Full transcript Then start our council meeting. And will the clerk please take the role? Mr. Blues. Here. Ms. Crosby. Here. Mr. DeCamp. Here. Mr. Ellinger. Here. Ms. Gordon. Here. Mr. Gray. Ms. Henson. Here. Ms. James. Mr. Lane. Here. Mr. McCord. Here. Mr. Meyers. Here. Dr. Stephens. Here. Mr. Stennett. Yes, ma'am. Mr. Beard. Present. And Mr. Blevins. Here. Thank you. Thank you. And our police chaplain, Donovan Stewart, will, eh, give our invocation. Please rise. Let's pray together. Dear gracious Heavenly Father, we thank you for this great privilege we have to be able to speak to you in prayer. It's truly an honor to approach your throne of grace and mercy and love. It's amazing to know and to realize that any time that we take time to talk to you, that you take time to listen to us. That's exactly what we are doing tonight at this time. We're speaking to you, we're praying to you, and we're asking for your divine presence to be made very real in this place tonight. Father, we must acknowledge that being responsible for running a city such as this one is a job too big for any one person, no matter how smart or creative that person may be. It's even a job much too big for any council of people, no matter how wise or experienced they may be. A job this big can only be handled and done by a God who's even bigger. God, in reality, the city belongs to you. We've just been called to be managers or stewards of it for a short time. So Father, we pray specifically for this council meeting tonight. As important issues and topics are discussed and decided on, may your perfect will be accomplished. As we close our time of invocation tonight, we pray in unison for our great country. We pray that you will not remove your hand of blessing and protection from us. We pray for our President, continue to grant him wisdom and direction to lead this nation. We pray for our military troops, both serving domestically and abroad. We pray for our wonderful commonwealth, we pray for our governor, and we pray for our city, our mayor, the council, and the citizens of this city, dear Father. And dear God, it's our prayer that you would keep us in your will so that we don't get in your way, and we'll thank you in advance for the great things that you'll do for us. In your most holy and precious and powerful name, we pray. Amen. Chaplain Stewart, thank you very much. We appreciate the work you do with the police department. And at this time, I'll ask, uh, James Kemper Millard to join me at the podium. How are you? Very quiet. It's nice to meet you. And we also have Marlene, who's one of our trustees. Right. Most of us know this man as Jamie Millard, and he is the president of the Lexington History Museum. And I'd like to read this proclamation. We also have Marlene Helm, one of the trustees- Mm-hmm. ... of the history museum, and Deborah Watkins of the history museum. So this is a proclamation to all to whom these presents shall come. Whereas Lexington, Kentucky was one of the first permanent settlements in Kentucky County, Virginia, and whereas Fayette County was one of the original three counties established in what became the Commonwealth of Kentucky, and whereas Lexington was named in honor of the first victory of the Continental Army in the American Revolution, and whereas Fayette County was named in honor of the Marquis de Lafayette, the French general credited with saving the Continental Army, and whereas Lexington established its commercial center 204 years ago, and whereas Lexington is known nationally and internationally as the Horse Capital of the World, and whereas the Lexington History Center opened in October 2003 with the mission of helping people discover the history of Lexington, Fayette County, and the Bluegrass region, now therefore, Jim Newberry, mayor of the Lexington-Fayette Urban County Government proclaims October 2008 as Lexington History Month. And I will ask Jamie to say a few words. Thank you for being here. Thank you. Mm-hmm. Thank you, Council- Council Member Gordon and, uh, council members. Um, very briefly, because I think by now we all understand what the history museum does and the importance, uh, of the institution to Lexington, our official birthday is actually October the 10th, which was the day we opened our doors in 2003, but we're gonna celebrate our birthday party just a few days early on Monday, October the 6th to coincide with the Fire Prevention Parade and all the festivities that are going on at Sheafside Park. The museum will be open from 5:00 until 7:00. We'll have a lot of activities for families with children. And, uh, so we invite you all to come down to the museum, help us celebrate our birthday, and we're gonna have a ginormous birthday card and invite visitors, uh, throughout the year to sign the card, uh, birthday card for the museum. Uh, just very briefly, we're open during the winter months, uh, Friday through Monday, noon to 4:00. Open early Saturdays at 10:00. Every third Saturday of the month is our Playdate with History where we have a craft activity for children and families. And, uh, our current exhibits include the bicentennial exhibit for Abraham Lincoln, celebrating the four times he was in our community and the impact our community had on the persona that we know as Abraham Lincoln today. So we invite you to our birthday party, and we thank you very much for recognizing October as Lexington History Month. Thank you. Before we proceed on our agenda, uh, the Vice Mayor asked me to tell council members that he is in Bowling Green for a visitation and couldn't be here, and we are expecting that the mayor may be here in just a short while. So with that, before we have second reading of ordinances, um, Council Member Lane has a motion. Uh, thank you, Council Member Gordon. I move to remove ordinance number three from the docket for second reading. Uh, the petitioner for the zone change has withdrawn the application. Second. We have a motion and a second to remove ordinance number three for second reading. Is there any discussion? If not, will those in favor say, "Aye." Aye. Anyone opposed? All right, thank you very much. Um, will the clerk please give second reading to the ordinances? Who voted no on that? Who voted no? Did you say one opposition? With no opposition, I'm sorry. I misunderstood you. Sorry about that. Ordinance number one, an ordinance change in the zone from an agricultural rural AR zone to an interchange service b- business B5B zone for 6.70 net, 9.23 gross acres of property, for property located at 5191 8th in Boonesboro Road, a portion of JFG Enterprises Incorporated. Number two, an ordinance change in the zone from a light industrial I-1 zone to a planned shopping center B6P zone for 6.58 net, 7.55 gross acres of, for property located at 3851 and 3885 Mall Road, Rosehill Properties LLC. Number four, an ordinance accepting the bid of TICO Mechanical Contractor Incorporated in the amount of $639,200 for the waste management building HVAC renovation for the Div- division of waste management and appropriating funds pursuant to schedule number 58. Number five, an ordinance authorizing and directing the mayor on behalf of the Irwin County government to accept a grant from the Kentucky Division of Forestry which grant funds are in the amount of $6,197 federal funds are for support of public education and fire prevention efforts for citizens living in the rural and limited access areas of Lexington, Fayette County. The acceptance of which obligates the Irwin County government for the expenditure of $1,550 as a local match, appropriating funds pursuant to schedule number 54 and authorizing the mayor to transfer unencumbered funds within the grant budget. Number six, an ordinance authorizing and directing the mayor on behalf of the Irwin County government to execute a sub-grant recipient agreement with Financial Commission for Appalachia, high-intensity drug trafficking area for receipt of federal funds for overtime, which grant funds are in the amount of $5,000 in appropriating funds pursuant to schedule number 56. And number seven, an ordinance omitting certain of the budgets of the Lexington, Fayette, Irwin County government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds schedule number 55. Do I hear a motion to approve? So moved. Second. Motion from Council Member Blues, seconded by Council Member McCord. And, uh, Madam Clerk, will you call the roll? And if you will please vote electronically, Council Members. Mr. Blues? Yes. Ms. Crosby? Yes. Mr. DeCamp? Yes. Mr. Ellinger? Yes. Ms. Gorton? Aye. Ms. Henson? Yes. Mr. Lane? Yes. Mr. McCord? Yes. Mr. Meyers? Yes. Dr. Stephens? Aye. Mr. Stennett? Yes, ma'am. Mr. Beard? Aye. And Mr. Blevins. Aye. Those motions are all approved. And before first reading of ordinances, Council Member Stephens has a motion. Uh, regarding ordinance eight for first reading, I move to replace ordinance number eight on the docket for first reading with a revised ordinance reflecting some minor changes in the proposed zoning text amendment establishing an adaptive reuse of buildings as a principal permitted use in the wholesale and warehouse business (B-4), light industrial (I-1) and heavy industrial (I-2) zones. Revised ordinance was drafted by the planning staff pursuant to the directives of the Planning Commission at its hearing on this text amendment on September 11, 2008. The changes are not substantive and do not require a new hearing before the Planning Commission as they were considered by the commission at that hearing. And I so move. Second. Council Member Stephens has moved and Council Member Beard has seconded. Is there any discussion? All those in favor say, "Aye." Aye. Any opposed? Okay, that motion passes. Will you go ahead and give first reading to the ordinances? Ordinance number eight and ordinance amending articles 1-11, 8-21A, 8-21B, 8-21D, 8-21O, 8-22A, 8-22B, 8-22D, 5, 8, 12, 16, 17, 18 and 19, 8-23A, 8-23B and 8-23D, 34 of the zoning ordinance to create an adaptive reuse and to make adaptive reuse projects principal permitted uses in the wholesale and warehouse business (B4), light industrial (I-1) and heavy industrial (I-2) zones. Number nine, an- An ordinance authorizing and directing the Mayor, on behalf of the Urban County Government, to accept a grant from the Kentucky Office of Homeland Security, which grant funds are in the amount of $22,000 federal funds, are for development of an all-hazards disaster preparedness plan for the 2010 World Equestrian Games, the acceptance of which does not obligate the Urban County Government for the expenditure of funds, appropriating funds pursuant to Schedule Number 59 and authorizing the Mayor to transfer unencumbered funds within the grant budget. Number 10, an ordinance authorizing and directing the Mayor, on behalf of the Urban County Government, to accept a grant from the US Department of Health and Human Services, which grant funds are in the amount of $49,126 federal funds, are for continuation of the Parent Resource Center for a Bright Future, a Healthy Tomorrows Project at the Family Care Center, the acceptance of which obligates the Urban County Government for the expenditure of $100,874 as a local match, appropriating funds pursuant to Schedule Number 63 and authorizing the Mayor to transfer unencumbered funds within the grant budget. Number nine, I mean, number 11, an ordinance, uh, amending... Section 21-5-2 of the Code of Ordinances, abolishing one position of Claims Adjuster, grade 115E in the Division of Risk Management, and creating one position of Claims Adjuster, grade 115E in the Department of Law, transferring the incumbent and appropriating funds pursuant to Schedule Number 60. Number 12, an ordinance amending Section 21-5-2 of the Code of Ordinances, creating two positions of Program Manager, Senior Grade 120E in the Division of Environmental Policy. Number 13, an ordinance amending Section 21-5-2 of the Code of Ordinances, creating two positions of Engineering Technician, Senior Grade 113E, abolishing one position of Engineering Technician, Grade 111N, and abolishing one position of Engineering Aide, Senior Grade 109N in the Division of Water, uh, Quality, and appropriating funds pursuant to Schedule Number 61. Number 14, an ordinance amending Section 21-5-2 of the Code of Ordinances, creating one position of Administrative Specialist, Senior Grade 112N in the Division of Environmental Policy, and appropriating funds pursuant to Schedule Number 62. Number 15, an ordinance authorizing and directing the Mayor on behalf of the Urban County Government to execute and submit a grant application to the Kentucky Justice Cabinet, to provide any additional information requested in connection with this grant application, and to accept this grant if the application is approved, which grant funds are in the amount of $69,570 federal funds under the Violence Against Women Act Program, are for continuation of the Sexual Assault Nurse Examiner Program, the acceptance of which obligates the Urban County Government for the expenditure of $23,190 as a local match, appropriating funds pursuant to Schedule Number 64 and authorizing the Mayor to transfer unencumbered funds within the grant budget. And number 16, an ordinance authorizing and directing the Mayor, on behalf of the Urban County Government, to accept a grant from the Kentucky Department of Military Affairs, Division of Emergency Management, which grant funds are in the amount of $55,133 federal funds, are for the support of emergency preparedness activities in Lexington-Fayette County, the acceptance of which obligates the Urban County Government for the expenditure of $55,133 as a local match, appropriating funds pursuant to Schedule Number 65 and authorizing the Mayor to transfer unencumbered funds within the grant budget. Number 17, an ordinance authorizing and directing the Mayor, on behalf of the Urban County Government, to accept a grant from the Ki- Kentucky Office of 911 Coordinator Commercial Mobile Radio Service Board, which grant funds are in the amount of $177,015 Commonwealth of Kentucky Funds, are for expansion of the Central Kentucky 911 network to include in- additional jurisdictions Boyd, Casey, Garrett, Lincoln, Rockcastle, and Taylor Counties, the acceptance of which does not obligate the Urban County Government for the expenditure of funds, appropriating funds pursuant to Schedule Number 67 and authorizing the Mayor to transfer unencumbered funds within the grant budget. Number 18, an ordinance amending Section 21-5 of the Code of Ordinances, 25, 21-5-2 of the Code of Ordinances, abolishing one position of Heavy Equipment Mechanic, Grade 111N and creating one position of Heavy Equipment Technician, Grade 113E in the Division of Fire and Emergency Services, and appropriating funds pursuant to Schedule Number 66. Number 19, an ordinance amending Section 21-5-2 of the Code of Ordinances, creating one position of Program Manager, Senior Grade 120E- In the Division of Envi- Environmental Policy. Number 20, an ordinance amending certaining of the budgets of the Lexington-Fayette Urban County Government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds, Schedule Number 57. Thank you. Do I hear any motions on the first readings? No? If not, we will go ahead, and will the clerk please give second reading to resolutions. Resolution number one, a resolution accepting the bid of Pavement Technology, Incorporated in the amount of $150,500 for the asphalt surface maintenance- surface maintenance with- with asphalt-rejuvenating agent for the Division of Streets, Roads, and Forestries- Forestry. Number two, a resolution accepting the bid of Kaffenbarger Truck, establishing a price contract for utility body for the Division of Facilities and Fleet Management. Number three, a resolution accepting the bids of Powertrain of Kentucky, Superior Hose and Fittings, Incorporated, I.B. Moore Con- Company, LLC, Carquest Auto Parts, Fluid Power Products, Division of B.W.F. Rogers Company, and Applied Industrial Technologies Incorporated, establishing price contracts for hydraulic hose and fittings for the Division of Facilities and Fleet Management. Number four, a resolution accepting the bid of J. Edinger and Son Incorporated, establishing a price contract for snow plow assemblies for the Division of Facility and Fleet Management. Number five, a resolution accepting the bid of Scodeller Construction Incorporated in the amount of $76,200 for the 2008 Crack Sealing Project for the Division of Streets, Roads, and Forestry. Number six, a resolution accepting the bid of Republic Diesel, establishing a price contract for salt spreader under tailgate for the Division of Facilities and Fleet Management. Number seven, a resolution accepting the bid of S&S Truck Tire Center, establishing a price contract for truck tire retreading for the Division of Fleet- Facilities and Fleet Management. Number eight, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a federal-wide assurance for the protection of human subjects for institutions within the United States, an IRB authorization agreement, and any other necessary agreements or documents for participation by the Division of Fire and Emergency Services in the rapid anti-convulsant medication prior to arrival, ti- trial at no cost to the Urban County Government. Number nine and a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an amendment to the agreement with ICMA Retirement Corporation to amend the retirement plan to permanent -- to per- to permit loans from employee 457 Deferred Compensation Plans at no cost to the Urban County Government. Number ten, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an agreement with Volunteers of America of Kentucky Incorporated for support of emergency housing for homeless families at a cost not to exceed $8,000. Number eleven, a resolution authorizing and directing the Department of Law on la- on behalf of the Urban County Government to accept a deed from Lynn D. Williams and James R. Williams and Ball Homes LLC for a temporary construction easement and a permanent sanitary sewer easement at 4037 Whitewater Drive and a deed from Robert Murray and Donna Murray and Ball Homes LLC for a temporary construction easement and a permanent sanitary sewer easement at 4041 Whitewater Drive and authorizing and directing the Mayor on behalf of the Urban County Government to execute the deeds of easement to certify the consideration at no cost to the Urban County Government. Number twelve, a resolution authorizing the Division of Human Resources to internally advertise for a social worker se- senior position for the Department of Social Services and number thirteen, a resolution directing the preparation of a development plan for the Lexington Distillery Redistrict and scheduling a public hearing thereon on October 21st, 2008 at 6:00 PM. Do I hear a motion to approve the resolutions? So moved. Second. I had a motion from Council Member McCord, second from Council Member Ellinger. Um, will the clerk please call the roll? Mr. Blues? Yes. Ms. Crosby? Yes. Mr. DeCamp? Yes. Mr. Ellinger? Yes. Miss Gordon? Aye. Miss Henson? Yes, except for number three and I need to recuse for that. My brother's the manager of Powertrain. I'll note that in the record. Mr. Lane? I guess ... . Mr. McCord? Yes. Mr. Meyers? Yes. Dr. Stephens? Aye. Mr. Stennett? Yes, ma'am. Mr. Beard? Aye. And Mr. Blevins? Aye. Okay, those ordinances all pass, the resolutions all pass. Will you please give first reading to resolutions? Madam Chairman? Oh yes. I would like to, uh, insert a motion, a walk on if I'm, if I might. Can we do that after- You want to wait 'til the- Yes, at the end. That's fine. Resolution number 14 for a first reading, a resolution accepting the bid of Next Gen Building Supply, establishing a price contract for ceiling tile supplemental for the Division of Facilities and Fleet Management. Number fifteen, a resolution accepting the bid of Schroeder Construction Incorporated in the amount of $696,637.75 for Cadent Town Sanitary Sewer Project for the Division of Engineering. Number sixteen, a resolution accepting the bid of Superior Demolition Incorporated in the amount of $12,400 for the Gains Way Community Building Demolition for the Division of Parks and Recreation. Number seventeen, a resolution accepting the bid of LM Asphalt Partners Limited, doing business as ATS Construction in the amount of $745,000 for the 2008 County Road Resurfacing for the Division of Streets, Roads and Forestry. Number eight, a resolution accepting the bid of Radio Communication Systems Incorporated, doing business as RCS Communications, establishing a price contract for communication system maintenance for the Division of Police. Number nineteen, a resolution accepting the bid of Traffic Control Products Incorporated, establishing a price contract for traffic signal and control equipment supplemental for the Division of Traffic Engineering. Twenty, a resolution accepting the bid of Schiller Architectural Hardware, establishing a price contract for doors and steel hardware for the Division of Facilities and Fleet Management. Twenty-one, a resolution of the, accepting the bid of Filmore Technologies LLC, establishing a price contract for central air filters for the Division of Community Corrections. Twenty-two, a resolution accepting the bids of Advance Construction of Kentucky LLC and Bellas Painting LLC, establishing price contracts for painting services for the Division of Facilities and Fleet Management. Twenty-three, a resolution accepting the bids of Advance Construction of Kentucky LLC, CR Cable Construction Incorporated, and Wilhite Incorporated, establishing price contracts for underground electrical service installation for the Division of Parks and Recreation. Number twenty-four, a resolution accepting the bid of R&L Cleaning Service, establishing a price contract for custodial services for Sales Road Campus for the Division of Facilities and Fleet Management. Twenty-five, a resolution accepting the bid of Mary's Cleaning Service, establishing a price contract for custodial services for the Division of Facilities and Fleet Management. Twenty-six, a resolution accepting the bid of Landmark Sprinkler Incorporated in the amount of $58,250 for a sprinkler system for the Division of Police. Twenty-seven, a resolution accepting the bid of Kron International Trucks, doing business as Bluegrass International in the amount of $136,202.45 for a knuckle boom truck for the Division of Facilities and Fleet Management. Twenty-eight, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an engineering services agreement with CDP Engineers Incorporated for design of the South Elkhorn Trail Section 3 at a cost not to exceed $33,500. 29. A resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a facility use agreement -- a fa-- fill a facility use contract with the Fayette County Board of Education for the use of the Bryan Station High School Auditorium at a cost not to exceed $263.38. Number 30. A resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute agreements with Bluegrass Greenworks Incorporated, $1,200, and Metropolitan Wome- Women's Club Incorporated, $600, for the Office of the Urban County Council at a cost not to exceed the sum stated. 31. A resolution amending Section 1 of Resolution Number 479-2008 to amend the hourly rate of Probationary Employee, Thad Scott, Engineering Technician, Grade 111N, from 16.108 hourly to 15.642 hourly in the Division of Water Quality, effective August 18, 2008. 32. A resolution granting a pay increase to a rate of $11.50 hourly for all full-time, non-contract marketing unit employees whose hourly rate of pay is less than the living wage. Number 33. That's 25. A resolution ratifying the probationary civil service appointments of And- Andre Scott, Public Service Worker, Senior Grade 107N, 15.954 hourly in the Division of Water Quality, effective October 13, 2008. India Thomason, t- Childcare Program Aide, Grade 107N, 14.078 hourly in the Division of Family Services, effective Octo- October 13, 2008. Christine Meyer Hostetler, Grade 104N, 11.810 hourly in the Division of Police, effective September 29, 2008. Shawn Gatewood, Public Service Worker, Senior Grade 107N, 13.231 hourly in the Division of Streets, Roads, and Forestry, effective October 13, 2008. Ratifying the permanent civil service appointment of Susan Lamb, Counsel Clerk, Grade 118E in the Office of the Counsel Clerk, effective October 1, 2008. Ratifying the probationary sworn appointment of Kevin Kidd, Police Sergeant- That's 25. Grade 315N- That's 27. ... 27.013 hourly in the Division of Police, effective October 13, 2008. Approving leave of absence for Angela Haley, Certified Medical Assistant, gre- request 17-day counsel-approved leave without pay from September 19, 2008, through October 5th, 2008. Approving the unclassified civil service- That's 27. ... appointments of Amelia Thornton- That's 27. Clinical Services Manager, Grade 117E, 2,637.28, a biweekly in the Division of Adult Services, effective September 29, 2008. Scott Kelley, Social Worker, Senior, Grade 113E- That's 27. ... 1,346.35, biweekly in the Division of Adult Services, effective September 29, 2008. That's 27. Andrea- Adrian Shelby- That's 27. ... Deputy Corner, Grade 112N- That's 27. ... sit- 14.600 hourly in the Office of the Corner, effective October 13, 2008. Jessica Landham- That's 27. Deputy Corner, Grade 112N- That's 27. ... 14.600 hourly in the Office of the Corner, effective October 13, 2008. Get them ordered. Number 34. Resolution auth- of the Urban County Council of the Lexington-Fayette Urban County Government re- Kentucky, requesting that the Kentucky Economic Development Finance Authority adopt a resolution providing for the issuance of revenue bonds in an amount up to $438,920,000 for the proceeds of the- of which will be loaned to Catholic Health Initiatives Incorporated to provide financing for all or p- or a part of the cost of the acquisition, construction, installation, and equipping of capital projects for health care facilities and related impro- improvements and expenditures. Number 35. A resolution accepting the proposal of Strand Associates Incorporated to prepare a feasibility study and engineering design for the Legacy Trail Project and authorizing and d- directing the Mayor on behalf of the Urban County Government to execute an engineering services agreement with Strand Associates Incorporated for performance of such services and authorizing payment in the amount of not to exceed $496,000. 36. A resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an agreement with Sa- AdSuccess for a mobility office marketing campaign at a cost not to exceed $40,400. 37. A resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an agreement with Kentucky World Trade Center L- Lexington Incorporated for the provisions of services at a cost not to exceed $115,000 for FY2009. 38. A resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an agreement with the Drug Enforcement Administration for participation in the DEA Task Force at no cost to the government. 39. A resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an agreement with Bryan Station Band Association, $625 for the Office of the Urban County Council at a cost not to exceed the sum stated. Number 40. A resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute lease agreements with the National Alliance for the Mentally Ill, Blue Grass Community Action Agency, National Association for the Advancement of Colored People, Elders- ElderCrafters, Community Reinvestment Alliance, Legal Aid of the Blue Grass, Lexington-Fayette County Urban League Incorporated, LexCare Health- Area Healthcare- Area Health Education Center, and West End Community Empowerment Program for the use of the space at the Black and Williams Neighborhood Center. Number 41. A resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a facility use contract with the Fayette County Board of Education for use of facilities for the Extended School Program and Recreational Enrichment and Learning Program at no cost to the government. 42. That's 27. A resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute contracts with Andover Neighborhood Association, $9,340; Ashland Park Neighborhood Association, $3,000; Charleston Woods Homeowners Association, $2,500; East Lake Neighborhood Association, $300; Firebrook Homeowners Association, $3,000; Gratz Park Neighborhood Association, $4,995; Hamburg Homeowners Association, $8,000; Merehaven Homeowners Association, $8,630; Martin Luther King Neighborhood Association, $3,610; McConnells Trace Neighborhood Association Incorporated, $7,822; Park Place Neighborhood Association- ... $350, Shriner's Neighborhood Association, $4,975, Southern Heights Neighborhood Association, $3,000, The Cottage of Liberty Woods Incorporated, $1,138, and Westmoreland Neighborhood Association, $9,340 for carrying out various neighborhood activities and improvements at- at cost not to exceed $70,000. Number 43, a resolution authorizing and directing the mayor on behalf of the Irvin County government to execute change order number one to the engineering services agreement with Stantec Consulting Services Incorporated, formerly known as FMSM Incorporated, for additional work on the Loch Lomond Drainage Improvements Project, increasing the contract price by the sum of $7,340, from $60,000 to $67,340. 44, resolution authorizing and directing the mayor on behalf of the Irvin County government to execute a certificate of consideration and accept a deed conveying permanent sanitary sewer and temporary construction easements from George D. and Ann M. Robinson for the property located at 2299 Brandon Road for the South Elkhorn Force Main Project and authorizing payment in the amount of $15,000 plus usual and appropriate closing costs. Number 45, a resolution authorizing and directing the mayor on behalf of the Irvin County government to execute a certificate of consideration and accept a deed conveying permanent sanitary sewer and temporary construction easements for RSCS LLC, for the property located at 4454 Clays Mill Road, for the South Elkhorn Force Main Project and authorizing payment in the amount of $20,000 plus usual and appropriate closing costs. Number 46, a resolution authorizing and directing the mayor on behalf of the Irvin County government to execute a certificate of consideration and to accept a deed for the property located at 685 Dartmoor Court from Sheila Minda- Mendenhall for the Dartmoor Cour- Court Storm Water Improvements Project and authorizing payment in the amount of $121,700 plus usual and appropriate closing costs. Number 47, a resolution authorizing and directing the mayor on behalf of the Irvin County government to approve renewal of aircraft liberty and liability insurance for the term of October 21, 2008 through October 21, 2009 with ACE USA at a cost not to exceed $19,000.80 and authorizing payment to Kentucky League of Cities Insurance Agency Incorporated on behalf of ACE USA. 48, a resolution authorizing and directing the mayor on behalf of the Irvin County government to accept a donation from the Friends of the Lexington Mounted Police Incorporated for conference registration and lodging for use at the 2008 North American Police Equestrian Championship at no cost to the Irvin County government. And number 49, a resolution authorizing and directing the mayor on behalf of the Irvin County government to accept a donation from Windstream Communications for 100 First Alert WX17 radios for use during National Preparedness Month at no cost to the Irvin County government. Thank you. And Council Member Beard has a re- a motion. Thank you, Madam Chairman. Um, I'd like to move to place on the docket a resolution amending resolution number 551-2008 to change the date and time of the public hearing on the development plan for the Phoenix Park/Courthouse development area from October 14th, 2008 at 6:00 PM to October 21st, 2008 at 7:00 PM. Second. We have a motion by Council Member Beard, a second by Council Member Myers to add number 50 to the docket. Is there any discussion? All- Question. Yes, question? Don't we also have another one scheduled that night as well at 6:00? So we're gonna do, uh, both in one night? Ye- ye- Is that the plan? That is the plan. Um, the de- delegation, we had a long discussion about this, and- and it, for people who have interest in the, in the various types a- activities, this is a little easier on them if they want to- to be, uh, involved in both of them for them to, uh, uh, run back to back. We're gonna have one at 6:00 and one at 7:00. Okay. Just wanted to make sure that one's still on. Yeah, that's correct. Are there other questions? Uh, if not, all those in favor of walking on number 50, say aye. Aye. Any opposed? That passes. Will you please read number 50? Resolution number 50, a resolution amending section two of resolution number 551-2008 to change the date and time of the public hearing on the development plan for the Phoenix Park-Courthouse development area- I have two. ... from October 14, 2008 at 6:00 PM to October 21, 2008 at 7:00 PM. I have three. Are there any motions on the resolutions- Yes. ... for first reading? Council Member Blues? Thank you, Madam Chair. At the request of the ad- ministration, I move to suspend the rules to give a second reading on 32. Number 32, Council Member Stennet and then Council Member Beard. Thank you, Chair. Number 38 and number 46, both are time-sensitive issues to get the one contract completed and, uh, one house, uh, sold so that, uh, the resident can move. Thank you. Number 38 and number 46. Council Member Beard? Thank you, Madam Chair. Uh, number 34 and number 50. 34 and 50. Are there other... Council Member McCord? Thank you, Madam Chair. Number 35. This has to do with the time-sensitive nature and, uh, those funds are from a CMAT grant. They're not general fund dollars. Are there other additions? The motion is to give second reading to numbers 32, 34, 35, 38, 46, and 50. And was there a second? Second. Second by Council Member Ellinger. Uh, all those in favor, say aye. Aye. Any opposed? All right, will you give first reading... or second reading to those, please? Resolution number 32, a resolution granting a pay increase to a rate of $11.50 hourly for a full-time non-con- contract bargaining unit employees whose hourly rate of pay is less than the living wage. Can I get a question on that? Number 34, a resolution of the Irving County Council, the Lexington-Fayette Urban County Government, Kentucky requesting that the Kentucky Economic Development Finance Authority adopt a resolution providing for the issuance of revenue bonds in an amount up to -- of up to $438,920,000 for the proceeds of which will be loaned to the Catholic Health Initiatives Incorporated to provide financing for all or a part of the costs of the acquisition, construction, installation, and equipping of capital projects for healthcare facilities and related improvements and expenditures. Number 35, a resolution accepting the proposal of Strand Associates Incorporated to prepare a f- feasibility study and engineering design of the Legacy Trail Project and authorizing and directing the mayor on behalf of the county government to execute an engineering services agreement with Strand Associates Incorporated for performance of such services and authorizing payment of funds in an amount not to exceed $496,000. Number 38, a resolution authorizing and directing the mayor on behalf of the Irving County Government to execute an agreement with the Drug Enforcement Administration for participation in the DEA task force at no cost to the government. Number 46, a resolution authorizing and directing the mayor on behalf of the Irving County Government to execute a certificate of consideration and accept a deed for the property located at 685 Dartmoor Court from Sheila Mendenhall for the Dartmoor Court's stormwater improvement project and then authorizing payment in the amount of $121,700 plus usual and appropriate closing costs. And number 50, a resolution amending section 2 of resolution number 5551, 2008, to change the date and time of the public hearing on the development plan for the Phoenix Park Courthouse development area from October 14, 2008 at 6:00 PM to October 21, 2008 at 7:00 PM. Do I hear a motion to approve those second readings? I so move. Second. Motion by Dr. Stephens, second by Councilmember McCord. Will you call the roll, please? Mr. Blues. Yes. Ms. Crosby. Yes. Mr. DeCamp. Yes. Mr. Ellinger. Yes. Ms. Gorton. Aye. Ms. Henson. Yes. Mr. Lane. Yes. Mr. McCord. Yes. Mr. Myers. Yes. Dr. Stephens. Aye. Mr. Stennett. Yes, ma'am. Mr. Beard. Aye. And Mr. Blevins. Aye. Thank you. Those resolutions pass. Now, Dr. Stephens has a motion to go under communications from the mayor. I move to place on the docket under communications from the mayor the appointment of Peter Brown as a member of the Board of Adjustment. I second. Motion by Dr. Stephens, second by Councilmember Crosby. Um, all those in favor. Aye. Any opposed? Thank you very much. The next thing on the docket is announcements. And I would just like to welcome, we have two, four, I believe six students with us tonight. Welcome. Sitting in for a class. We're always happy to have you. And then we have public comment, and I have one person. Oh, I'm so sorry. Councilmembers. Councilmember Crosby. Um, I'd just like to remind everybody that Monday night will be the fire prevention parade downtown. I think most of the festivities will be kicking off around 5:00, and then the actual parade starts around 7:00. It's a really great family night and a fun evening, so I would encourage everybody to get out downtown, uh, for the parade. Thank you. Very good. Are there other announcements from councilmembers? Eric DeSilva. If not, um, we have one person, Mr. Bernard McCarthy. You're a slip of your former self. Thanks. Don't have to be. Your Honor and, well, members of the Council, for the record, my name is Bernard McCarthy and my address is 515 Harry Street. Despite changes in my appearance, I am still the same person. I wa- I wanted to say that I think that success or failure of downtown needs to be rated in terms of whether most of the property owners are making money or losing money, not in terms of how crowded the streets are or how crowded the sidewalks are, which too many architects out there want to define success in terms of having the sidewalks jammed with pedestrians and having traffic on the streets tied in knots. Um- My brother gets into that. Per s- now that might make it impossible for people to go anywhere else, but just having a lot of people stuck there doesn't really do anybody any good. And for that matter, when they speak about wanting amenities to lure people downtown, that only helps if you lure in people that have got money and are willing to spend it there. Doesn't help any at all to lure in, say, more homeless bums who are going to be begging everybody else for money and perhaps begging each other for money when nobody has any to spare to give them. Uh, and given the shape that our, given the fact that our nation's economy is falling apart even as your counterparts at the federal level haggle over how to rescue it, uh, we may have our streets deluged with homeless people who have lost their homes, their vehicles, and have no money, no income, and are all begging each other for handouts. ... and at that point, I would have to pronounce the downtown a serious failure on that basis, no matter how crowded it might be. Thank you, Mr. McCarthy. Are there others who wish to give public comment? Please state your name and address and... Lewis Cobb, 431 Scottsdale Circle, 413 Scottsdale Circle, Obama. Peace and love to the council. Good to see everybody here tonight. I- if you have your life tonight, you should be grateful. My heart is very heavy tonight. A young man was killed last Saturday. His life was valuable. The enemy snatched him out. I'm trying to change that mentality so our young men won't just keep getting snatched out, whether it's done by, uh, who or whatever, we gotta change that mentality tonight. I'm gonna ask y'all to pray for me tonight. Everybody's children is in danger. If we don't come together, the devil's gonna snatch them out. I wanna say the young man's name tonight out of honor to him, and I'm gonna take the rest of the time to be silent. Quinn Dent. Thank you, Mr. Cobb. Thank you, Mr. Cobb. Are there any others? I'm sorry for my attire tonight. I didn't have time to change clothes. Eric Patchen Mahlert, 207 Cassidy Avenue. Uh, I have a PowerPoint presentation. Uh, economic development, I know you guys have been talking about that at the commerce... at the work session on Tuesday, and then, uh, with the Commerce of Lexington presentation. I know you had an Economic Development Task Force meeting today. Uh, being a native from here and, uh, always being frustrated with Lexington's economic environment, this is my heart's passion, so I wanna give a small two and a half minute thing. I, I believe this is Lexington's largest weakness, our economic development, uh, policies and, uh, therefore, our greatest area of opportunity. How do I go forward? Just tell you? All right. Uh, for instance, I wanna give you an example of why our economy suffers. David Bobanel was my classmate at Teays Creek, Class of 1991. He's the son of a former councilman, Dave Manell, if you guys remember him. You guys remember Dave Manell? Uh, Bo Binell, uh, was in my class at Teays Creek, along with some great names, Chris Hammond, Tom Hammond's son, Darren Horn, Shannon Oldham, Ben Old- or Ben Oldham's daughter, Kelly Greer, Christian Greer, Steven Dalhair, and many other names I know you might recognize, might not recognize. Bo now lives in Ann Arbor, Michigan. Next slide, please. Uh, Bo has a degree in biology from Center, a master's from Clemson, PhD from Ohio State, and now lives in Ann Arbor because, uh, as he said, "The biggest thing keeping me from Lexington is a job that matches my skill set." This guy is a really, really smart guy, one of our own, one of our council members' own. "I could move back and do something other than the position I've spent seven years studying in. However, my family and I, we really like Ann Arbor." That's Bo and his brother, Todd, who also lives outside of Lexington in Indianapolis. How much time do I have left? So what I wanna talk about is the expense of not having the Bo Banelles in our city, what I call the invisi- on the right-hand, right, you're all's right-hand side, the invisible tax of bad management and bad government. Uh, most people put it between a factor of three and 10, uh, u- using that really old center point discussion. I believe a hotel, which will bring those numbers in according to the Johnson report that I've seen, according... as opposed to the next Altec or the next Google, or the next great thing that could be downtown. Uh, when we settle for mediocrity, actually, we are losing a ton of economic revenue, a ton of great people, all because we settle for, really, the status quo. Uh, how much, how much time I have left? 20 seconds? All right. So step one of great economic development is brand management. You guys have been talking about, think about the brands Harvard, Starbucks, and Google. We don't even know those slo- slogans. We don't even know what they say, but we understand the brand. Yet we talk about the horse capital of the world, which I find to be completely irrelevant. If you go around the country, around the world, nobody cares about horses, with all due respect to my friends in the horsing industry. Uh, I think I'm done. Anyways, Councilman Blevins pointed out it's a perception problem. We do not have a lack of talent. Our brand is our identity, and it's largely perception, Starbucks, Google, Nike, Harvard. Thank you very much, Mr. Maher. All right. Thanks. Is there anyone else who has public comment? If not, do I hear a motion to adjourn? So moved. Second. All those in favor say aye. Aye. Anybody opposed? We are adjourned. You went over. Second time.