# Urban County Council Meeting - October 23, 2008 > Auto-transcribed civic record · Council · October 23, 2008 - **Permalink**: https://meetings.lexingtonky.news/meeting/629 - **Source video**: https://lfucg.granicus.com/player/clip/629?view_id=14&redirect=true - **Date**: 2008-10-23 - **Body**: Council - **Last revised**: June 17, 2026 - **Length**: 20,847 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 at 7:00 P.M. in Lexington, Kentucky, with Mayor Jim Newberry presiding. The meeting's agenda included three items, covering zoning and public health matters. The Council took up an ordinance amending the zoning ordinance for adaptive reuse, which was approved, as well as two ordinances that advanced through their first readings: one concerning a zone change for 223 Pasadena Drive, and another amending regulations on smoking indoors. Across the meeting, 2 votes were taken and 3 public comments were heard. ## Attendance Thirteen members were present at the December 5, 2024 Council meeting: Crosbie, DeCamp, Ellinger, Gray, Henson, James, McChord, Myers, Stevens, Stinnett, Beard, Blevins, and Blues. Two members were absent: Gorton and Lane. No members arrived late. ## Votes and Decisions Two roll call votes were held during the December 5, 2024 Council meeting, both resulting in unanimous approval. - **Approval of Ordinances (Second Reading)** [timestamp: 0:07:47]: Mr. Myers moved and Mr. Stinnett seconded a motion to approve ordinances given their second reading. The motion passed 13–0. Voting in favor were: Crosbie, DeCamp, Ellinger, Gray, Henson, James, McChord, Myers, Stevens, Stinnett, Beard, Blevins, and Blues. No members voted against, and there were no abstentions. - **Approval of Resolutions (Second Reading)** [timestamp: 0:47:29]: Mr. Beard moved and Ms. Crosbie seconded a motion to approve resolutions given their second reading. The motion passed 13–0. Voting in favor were: Crosbie, DeCamp, Ellinger, Gray, Henson, James, McChord, Myers, Stevens, Stinnett, Beard, Blevins, and Blues. No members voted against, and there were no abstentions. In both cases, the full 13-member Council voted unanimously in favor, with no dissenting or abstaining votes recorded. ## Budget and Financial Actions The Council approved three contracts at the December 5, 2024 meeting, covering infrastructure, demolition, and road improvement work. - **Cadentown Sanitary Sewer Project (Resolution 558-2008):** The Council approved a contract worth **$696,637.75** with **Schroeder Construction, Inc.** for the Cadentown Sanitary Sewer Project. This represents the largest single expenditure approved at the meeting. - **Gainesway Community Building Demolition (Resolution 559-2008):** A contract of **$12,400.00** was approved with **Superior Demolition, Inc.** for the demolition of the Gainesway Community Building. - **2008 County Road Resurfacing (Resolution 560-2008):** The Council approved a contract totaling **$745,000.00** with **L-M Asphalt Partners, Ltd. dba ATS Construction** for the 2008 County Road Resurfacing program. This was the largest contract approved at the meeting. Across the three resolutions, the Council authorized a combined total of approximately **$1,454,037.75** in contracted expenditures. The items span sanitary sewer infrastructure, building demolition, and road resurfacing, reflecting a range of public works priorities addressed in this session. ## Public Comment Three residents addressed the Council during the public comment period on the proposed changes to the smoking ordinance. - **Dr. David Menino** [timestamp: 1:34:15] spoke in support of strengthening the smoking ordinance, arguing that the changes would protect people across all workplaces and public places. He emphasized the health benefits of expanding smoking restrictions. - **Jerry Wright** [timestamp: 1:35:56] spoke in opposition to the proposed changes, focusing specifically on their impact on bingo halls. Mr. Wright argued that a smoking ban in bingo halls would result in financial losses for charities that rely on bingo revenue. He warned that he would pursue litigation if the changes were enacted as proposed. - **David Harriman** [timestamp: 2:01:21] raised broader concerns about the role of government in regulating personal behavior. Mr. Harriman questioned whether such regulations were appropriate, emphasizing the importance of personal freedom and individual liberty. The public comments reflected a divide between those supporting expanded health protections and those concerned about the economic and philosophical implications of the ordinance changes. The potential financial impact on charitable organizations and the threat of legal action from Mr. Wright represented the most pointed opposition raised during the comment period. ## Appointments During the December 5, 2024 Council meeting, the following appointment was made: - **Mr. Brown** was appointed to the **Board of Adjustment**. ## Contested Items - **Smoking Ordinance Amendments** — The proposed amendments to the city's smoking ordinance drew opposition during the meeting. Representatives from bingo halls raised objections to the changes, and concerns were also voiced around issues of individual liberty and property rights. The structured data does not specify the final outcome of this item or the precise nature of the amendments under consideration. ## Ordinance Amending Zoning Ordinance for Adaptive Reuse [timestamp: 02:43] The Council took up an ordinance amending various articles of the zoning ordinance to establish adaptive reuse as a category and designate adaptive reuse projects as principal permitted uses in certain zones. Key speakers on this item were **Mr. Myers** and **Mr. Stinnett**. The ordinance was presented and discussed by these two individuals, though the extracted record does not detail the specific arguments made or any concerns raised during deliberation. The Council ultimately **approved** the ordinance. ## Ordinance changing zone for 223 Pasadena Drive [timestamp: 08:18] The Council took up Agenda Item 14, an ordinance proposing to change the zoning designation for the property at 223 Pasadena Drive from Single Family Residential to Professional Office. Key speakers on this item included Mr. Beard and Dr. Stevens. The ordinance received its first reading before the Council at this meeting. No additional details regarding the specific arguments presented, concerns raised, or debate among Council members are available from the provided record of this agenda item. The outcome of the first reading and any votes taken were not captured in the available data beyond the confirmation that the item was heard at first reading. > *Note: The source data for this agenda item is limited. A more complete summary would require additional transcript or meeting minutes detail.* ## Ordinance amending smoking indoors regulations [timestamp: 21:06] The Council took up Agenda Item 20, an ordinance amending various sections of the Code of Ordinances relating to smoking indoors, including updates to definitions and prohibitions. Key speakers on this item were Dr. Stevens and Mr. Beard. The ordinance was presented for its first reading before the Council. The available record does not include detailed notes on the specific arguments made, concerns raised, or debate that occurred during discussion of this item. The outcome of the first reading was recorded, advancing the ordinance through the standard legislative process. A second reading would typically be required before final adoption. --- ## Decisions - **Motion** — passed (13-0): Approval of ordinances given second reading - **Motion** — passed (13-0): Approval of resolutions given second reading --- ## Full transcript The sunshine has been beautiful. Lord, we all has people around us that love and care for us, and we give you thanks for that gift. Tonight, God, we have the privilege of being a part of a representative form of government. And God, there are millions of people who don't have this privilege, so we give you thanks for this privilege. Tonight, Lord, we're protected by firefighters and police officers who willingly place themselves in harm's way because common folk like us need them. We ask, Lord, for your protection to be with them in every step of what they do. Tonight, God, we know that there are challenges facing our country, our state, and even our city. And Lord, we thank you for those, because Lord, there are no advances that have taken place in humankind without there being problems to be solved. And so Lord, we're conscious of the fact that when problems come, selfishness can come and the worst can come out of us, so we pray Lord for your protection against the worst in each one of us that can harm others. We pray, God, for your wisdom and direction that the best might come out of us as we reach out to one another and hold hands and walk forward together, as we think about ways to solve problems. And Lord, for these ladings- ladies and gentlemen that lead our government, I thank you, God, for the sacrificial leadership that they offer. I'm sure, Lord, that there are thousands of hours that are invested on our behalf. And Lord, we offer them thanks for that. We pray, God, that you watch over their families. We pray, God, that you would give us courage of conviction, and also, Lord, the courage of compassion in all that we do. In the name of Jesus Christ, our savior and our Lord, we do pray, amen. Madam Clerk, if you will give reading to the ordinances entitled to second reading. Ordinance Number 1 in 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 8-23D34 of the zoning ordinance to create an adaptive reuse and to make adaptive reuse projects principle permitted uses in the wholesale and warehouse business, B4 zone, light industrial I-1 zone and heavy industrial I-2 zone. Number two, an ordinance authorizing and directing the mayor on behalf of the Irwin 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 the development of an all-hazards disaster preparedness plan for the 2010 World Equestrian Games, the acceptance which does not obligate the Irwin County Government for the expenditure of funds, appropriating funds pursuant to Schedule Number 59 and authorizing the mayor to transfer any encumbrant funds within the grant budget. Number three, an ordinance authorizing and directing the mayor on behalf of the Irwin 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 Irwin County Government for the expenditure of $100,874 as local match, appropriating funds pursuant to Schedule Number 63 and authorizing the mayor to transfer unencumbered funds within the grant budget. Number four, an ordinance 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 positions of, position of claims adjuster grade 115E in the Department of Law, transferring the incumbent and appropriating funds pursuant to Schedule Number 60. Number five, an ordinance amending Section 21-5-2 of the Code of Ordinances, creating two positions of program manager, senior grade 120E in the depart, Division of Environmental Policy. Number six, 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 Quality and appropriating funds pursuant to Schedule Number 61. Number seven, 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 eight, an ordinance authorizing and directing the mayor on behalf of the Irwin 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, we ... are for continuation of the Sexual Assault Nurse Examiner Program, the acceptance of which obligates the Irwin 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 any encumbrant funds within the grant budget. Number nine, an ordinance authorizing and directing the mayor on behalf of the Irwin 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, R for the support of emergency preparedness activities in Lexington and Fayette County, the acceptance of which obligates the Irwin 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 any encumbrant funds within the grant budget. Number 10, an ordinance authorizing and directing the mayor on behalf of the Irving County Government to accept a grant from the 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 additional jurisdictions: Boyd, Casey, Gar- Garrett, Lincoln, Rockcastle, and Taylor Counties. The acceptance of which does not obligate the Irving County Government for the expenditure of funds and appropriating funds pursuant to Schedule Number 6-- 67 and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 11, an ordinance amending Section 21-5 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 12, 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 Environmental Policy. And number 13, an ordinance amending certain of the budgets of the Lexington-Fayette Urban County Government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds Schedule Number 57. Thank you very much. Is there a motion that we approve those ordinances? So moved. Have a, have a motion by Council Member Myers and a second by Council Member Stennet. Is there any discussion? If not, we appear ready to vote. All in favor, please indicate by voting aye electronically. All opposed, please indicate by voting no electronically. And Madam Clerk, please call the roll. Ms. Crosby. Yes. Mr. DeCamp. Yes. Mr. Ellinger. Yes. Mr. Gray. Yes. Ms. Hinson. Yes. Ms. James. Yes. Mr. McCord. Yes. Mr. Meyers. Yes, and my monitor's down. Dr.- I'm sorry? My monitor's down, so I can't vote electronically. Okay. I'll take care of it. Thank you. Dr. Stephens. Aye. Miss, uh, Mr. Stennet. Yes, ma'am. Mr. Beard. Aye. Mr. Blevins. Aye. And Mr. Blues. Yes. Thank you. Thank you. Those ordinances are approved. Madam Clerk, if you'd give, uh, reading to the ordinances entitled the first reading. Ordinance Number One, an ordinance changing the zone from a single family residential R-1C zone to a professional office P-1 zone for 0.2259 net, 0.2604 gross acre for property located at 223 Pasadena Drive, John P. Elias. Number 15, an ordinance change in the zone from a planned neighborhood residential R-3 zone to a neighborhood business B-1 zone for 1.79 net, 3.66 gross acres for a property located at 3380 Tates Creek Road. A portion of, subject to certain use restrictions imposes condition of granting the zone change, Town Properties Asset Management Company. Number 16, an ordinance adding a neighborhood design character overlay in the 1 Zone for 134.50 net, plus or minus net 171.77 plus or minus gross acres to preserve existing neighborhood character for properties located at 310 through 395 Andover Drive, 201 through 399 Cassidy Avenue, odd addresses only, 300 through 356 Cassidy Avenue, 125 through 250 Chenault Road, 309 through 539 Shinneway Road, 180 through 346 Cochran Road, 401 through 435 Cochran Road, odd addresses only, 1394 through 1506 Cochran Road, 300 through 377 Colony Boulevard, 951 through 1245 Cooper Drive, odd addresses only, 323 through 325 Cross Lane, 305 through five, 436 Dudley Road, 300 through 335 Duke Road, four, 340 through 360 Duke Road, even addresses only, 131 through 191 Eastover Driv-, 300 through 372 Garden Road, 201 through 505 Hart Road, 101 through 194 Louisiana Avenue, 100 through 165 Old Cassidy Avenue, 998 through 1144 Providence Lane, even addresses only, 1200 through 1237 Providence Lane, 303 through 440 Ridgeway Road, 300 through 315 and 340 Romany Road, 901 through 1015 Tates Creek Road, odd addresses only, and 1405 through 491 Tates Creek Road, odd addresses only, Urban County Planning Commission. Number 17, an ordinance amending Section 21-5(2) of the Code of Ordinances abolishing one position of social services coordinator, grade 114E in the Department of Social Services and creating one position of social services coordinator, grade 114E in the Division of Adult Services and appropriating funds pursuant to Schedule Number 69. Number 18, an ordinance authorizing and directing the mayor on behalf of the Irving County Government to execute an amendment to agreement with Mash Services of the Bluegrass Incorporated for improvements to shelters serving homeless and runaway youth at a cost not to exceed an additional $3,800 in Community Development Block Grant Funds and appropriating funds pursuant to Schedule Number 70. Thank you very much. Number 19, an ordinance creating and establishing a non-exclusive telecommunications franchise and providing for the placement of facilities for the generation, transmission, distribution, and sale of telecommunications services within the public rights of way, compliance with the all applicable existing and future local laws and ordinances and regulations, incorporation by reference of the provisions of Section 253 of the Telecommunications Act of 1996 KRS136.600 et seq., Chapter 17, 17B and 17C of the Code of Ordinances, Lexington, Fayette, Irwin County Government, and the applicable zoning laws, definitions, construction, installation, maintenance and facility standards, separate cable franchise required for cable services, compliance with various national and state, state standards and regulations, materials and equipment quality... "... due regu-- due regard for rights of government and others in performing work in the rights of way, placement of lights or signals, undergrounding of facilities in some instances, temporary moving of wires, tree trimming, additional performance guarantees of up to $200,000 on projects with construction costs, uh, exceeding $100,000 and indemnification and hold harlous- harmless provision commercial general liability insurance policy consistent with the provisions of the Public Right Of Way Ordinance, compliance with non-discrimination and affirmative action requirements, notice of filing for a general base rate increase or transfer of control before the Public Service Commission, a three-year duration, no vested rights for installation or emplacement of facilities other than those provided in franchise or at law, notification of assignment with consent not to be unreasonably withheld, the following penalties recoverable for violations after company has 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 of providing suitable p- performance barn- bond or other protection to the government in lieu of such penalty and $100 a day for failure to provide data and reports requested by government as required- required by the ordinance or for failure to timely pay the franchise fee or an itemized bill, a 100-day upenn- 100-a-day penalty appealable to a court of competent jurisdiction for 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 nonperformance system to be maintained and reasonable operating condition at all times, absent excusing condition or event, customer inquiries and business hours consistent with any Public Service Commission order, termination upon willful violations of the franchise, willful evasion of the provision of the ran- franchise, fraud and deceit upon the government and knowingly making material misrepresentations and procedures for terminating the franchise, 30 days advance written notice for foreclosure or judi- judicial sale or lease termination involving all or part of company's facilities in Fayette County with notification to be treated as transfer or- or assignment, uh, government's right to cancel franchise 30 days after the appointment of a receiver or trustee unless certain conditions are met, sale at public auction of the franchise and due advertisement requirements thereon, written bids reject to- right to reject, payment of 5% of the estimated cost of the system unless the company already has sufficient facilities to provide the franchise services and payment of $500 for advertisement and administrative costs with any excess amount succeeding the actual costs to be returned to bidders within 30 days, acknowledgement that Telecommunications Tax Act precludes collection of traditional franchise fee with an agreement to negotiate such a fee in good faith in the event that the act is found unlawful, payment of permitting and inspection fees with right to seek tariff approval from the Public Service Commission, agreement to enter into good faith negotiations on a pole attachment agreement, additional construction and notification requirements for new providers or for certain substantial rebuilds or expansions of facilities, for additional performance and security requirements for construction by new providers, bids must accept the conditions of this ordinance and may include additional condi- consideration payments. Violations of the franchise shall be conditioned for forfeiture, law of Kentucky applies, venue in Con- Fayette County, no third party rights, any unlawful pr- provision is seve- severable and franchise effective and the council accepts the bids all effective on date of passage." There's a motion for number 20. Madam Clerk, can I get you to hold for just a moment? Uh, Commissioner Eskew, have you gotten some resolution on those amendments on number 20? If you'll bear with us for just a minute, what we're trying to do is see whether or not we can avoid the necessity of giving it first reading twice, so um, hold on for just a moment, if you would, please. Are you ready? Council Member Stevens. Uh, thank you, Mayor. On this item, a typographical error's occurred and to correct that, we need to amend it and I will read the, uh, correction. Section 14-98(4) has an error. Instead of saying KRS 61165(3)(1) or (2), it should say KRS 61165. Thank you. And I so move. Second. We have a motion and a second to amend, um, item 20 as reflected in Dr. Steven's motion. Is there any discussion? All in favor, please say aye. Aye. Opposed, no? Motion carries. Do you want me to read that one too? Dr. Stevens. The second motion, I move to amend item number 20 under the first reading ordinance to amend sections 1497 to 14104 of the Code of Ordinances Relating to Smoking Indoors to expand the definition of building and private organization to clarify public transportation building and to include Lexington-Fayette Urban County Government vehicles in the ordinance. This is, uh, and I so move. These are items that we passed at the, um, work session on Tuesday, but because of, uh, adhering to our proper procedures, it was thought wise to read this motion. Is there a second? Second. I have a second by Council Member Beard. Any discussion? All in favor of that amendment, please indicate by saying aye. Aye. Oppose, no? Motion carries. Madam Clerk. Uh, I need the motion, the first motion that Dr. Stevens read that changed the correct of the KRS, so that I can make that correction before I read it. Thank you. I'm glad Peggy's here. She knows this thing better than anybody I know. Santa knows it. Okay. Number 20 as amended. An ordinance amending section 14-97 subsection 1 of the Code of Ordinances Related to Smoking Indoors to amend the definition of building to include structures with 40% of or more of its perimeter permanently or temporarily enclosed, amending section 14-97 subsection 2 of the Code of Ordinances Related to Smoking Indoors to amend the definition of dwelling to include building, amending section 14-97 subsection 3 of the Code of Ordinances Related to Smoking Indoors to delete the definition for enclosed area and replace it with a definition to estab- for establishment and open to the public. Amending section 14-97 subsection 4 of the Code of Ordinances Relating to Smoking Indoors to amend the definition of private organization to delete establishment and not be open to the public and be income tax exempt, amending section 14-97 subsection 5 of the Code of Ordinances Related to Smoking Indoors to amend the definition of real tobac- retail tobacco store, changing 50% to 25%. Amending sections 14-97(6) of the Code of Ordinances Related to Smoking Indoors to amend the definition of smoke or smoking to include burning or carrying of a tobacco product, amending section 14-97(7) of the Code of Ordinances relating to li- related to smoking indoors to delete the definition of, for tobacco warehouse and r- replace it with a dev- definition for workplace and buildings or a portion thereof. Amending section 14-98 subsection 1 of the Code of Ordinances Related to Smoking Indoors to prohibit smoking in an establishment, workplace, and public transportation vehicles. Amending section 14-98(1)of the Code of Ordinances Related to Smoking Indoors to include a business within a dwelling. Amending section 14-98(1)of the Code of Ordinances Related to Smoking Indoors to delete the word in, add the word rental and re- and move the remainder of section B and section C. Amending section 14-98(1)(c) Related to Smoking Indoors to allow the for ex- exceptions for treatment of nicotine addiction by licensed healthcare professionals, independently ve- ventilated rooms in hospitals, hospice, or nor- nursing homes. Amending section 14-98(1)of the Code of Ordinances Related to Smoking Indoors to allow an exception for a retail tobacco store. Amending section 14-98(1)of the Code of Ordinances Related to Smoking Indoors to allow an exception for performers in a theatrical production and to delete the existing section. Amending section 1498- uh, 14-98(1)of the Code of Ordinances Related to Smoking Indoors to allow an exception for buildings used by a private organization not open to the public, deleting section 14-98(1)of the Code of Ordinances Related to Smoking Indoors and a tobacco warehouse. Amending section 14-98(2) of the Code of Ordinances Related to Smoking Indoors to include building or establishment. Condi- creating section 14-98(4) of the Code of Ordinances Related to Smoking Indoors making buildings or vehicles owned, leased, or operated by the Lexington-Fayette Urban County Government subject to provisions of sections 14-97 to 14-104. Amending section 14-99(1) of the Code of Ordinances Related to Smoking Indoors to include workplace, amending section 14-99(2) of the Code of Ordinances Related to Smoking Indoors to apply to any building or workplace. Amending section 14-99(3) of the Code of Ordinances Related to Smoking Indoors to include ashtrays and establishments. Amending section 14-99(4) of the Code of Ordinances Related to Smoking Indoors to replace the word dwelling it- with building, establishment, workplace, and private organization. Amending section 14-100(1) of the Code of Ordinances Related to Smoking Indoors to include workplace. Amending section 14-100(1)of the Code of Ordinances... Related to smoking indoors to add smoking materials, amending Section 14-101B of the Code of Ordinances Related to Smoking Indoors to include all persons in control of a building or workplace to demand persons whose r- who refuse to stop smoking to leave the premises, creating Section 14-1001C of the Code of Ordinances Related to Smoking Indoors to allow refusal of services to persons who are smoking, creating Section 14-101D of the Code of Ordinances Related to Smoking Indoors to allow persons in control of buildings and workplaces to take legal means to stop smoking in the premises, amending Section 14 hun- 102 of the Code of Ordinances Related to Smoking Indoors to include building establishment and workplace, creating Section 14-103 of the Code of Ordinances Related to Smoking Indoors, Exempting Buildings and Exem- Establishments, Workplace and Private Organizations Covered in Section 14-98, amending Section 14-101 of the Code of Ordinances Related to Smoking Indoors to allow enforcement of this sub-chapter by the Health Department, amending Section 14-1021B of the Code of Ordinances Related to Smoking Indoors to establish a one-year limit, amending Section 14-1021C of the Code of Ordinances Related to Smoking Indoors to establish a one-year limit, deleting Section 14-1022 of the Code of Ordinances Related to Smoking Indoors, amending Section 14-104 of the Code of Ordinances Related to Smoking Indoors to allow any person aggrieved by a violation of this section to apply for injunctive and or other legal re- relief. Number 21, a, an ordinance authorizing and directing the mayor on behalf of the Urban County Government to accept a grant from the Kentucky Arts Council, which grant funds are in the amount of $5,000 Commonwealth of Kentucky funds are for the park bench sculpture project and accept- and the acceptance of which obligates the Urban County Government for the expenditure of $5,000 as a local match, appropriating funds pursuant to Schedule number 74 and authorizing the mayor to transfer any covered funds within the grant budget. Number 22, a r- ordinance authorizing and directing the mayor on behalf of the Urban County Government to accept a grant from the US Department of Justice, which grant funds are in the amount of $119,587 federal funds under the State Criminal Alien Assistance Program for, are for reimbursement of costs related to the incarceration of undocumented criminal aliens, the acceptance of which o- does not obligate the Urban County Government for the expenditure of funds and appropriating funds pursuant to Schedule number 73 and authorizing the mayor to transfer any covered funds within the grant budget. 23, an ordinance authorizing and directing the mayor on behalf of the Urban County Government to execute an agreement with Lexington Children's Theater Incorporated for implementation of The Bullyshno- Show, an anti-gang juvenile outreach program at a cost not to exceed $6,779 and appropriating funds pursuant to Schedule number 72. Number 24, an ordinance authorizing and directing the mayor on behalf of the Urban County Government to execute an amendment to the agreement with US Geological Survey for the continuing and ongoing maintenance and operation of existing streamflow and precipitation gauges and authorize an ac- acceptance of the sum of $7,800 for, from ATS Construction for the cost of removal and replacement of gauges on Winchester Road, increasing the cost of the agreement from $86,910 to $94,710 at no additional cost to the Urban County Government and appropriating funds pursuant to Schedule number 71. 25, an ordinance of the Lexington-Fayette Urban County Council of the Lexington-Fayette Urban County Government, one, authorizing and approving the execution and delivery of a lease agreement between the Lexington-Fayette Urban County Airport Board as the leaser and the Lexington-Fayette Urban County Government as the leasee, relating to the issuance and sale of the amount not to exceed $85 million in aggregate principal amount of A, Lexington-Fayette Urban County Airport Board variable rate general airport revenue and refund- revenue refunding bonds si- 2008 Series A, Lexington-Fayette Urban County Government general obligation AMT; B, Lexington-Fayette Urban County Airport Board variable rate general airport revenue and revenue refunding bonds 2008 Series B, Lexington-Fayette Urban County Government general obligation non-AMT; and C, Lexington-Fayette Urban County Airport Board variable rate general airport taxable revenue refunding bonds 2008 Series C, Lexington-Fayette Urban County Government general obligation taxable for the purpose of refunding of all the outstanding bonds issued by the Lexington-Fayette Urban County Airport Corporation and financing the cost of constructing qualified airport facilities including runway relocation, taxiway realignment, terminal drive relocation, sanitary sewer improvements, and terminal renovations constituting additions, extensions, and improvements to the existing airport facilities at the Bluegrass Airport in Fayette County, Kentucky; and 26, an ordinance amending certain of the budgets of the Lexington-Fayette Urban County Government to refer- reflect current requirements for municipal expenditures and appropriating and reappropriating funds Schedule number 68. Thank you, Madam Clerk. Are there any motions? Council Member Beard. Thank you, Mayor. I would like to suspend the rules and give a second reading to number 19 at the request of the administration. Mayor, I would like to request a sus- likewise suspension of the rules to purpose of giving second reading to ordinance number 25, 25. I will, uh, take that as a second and an a- and a friendly amendment to a motion to suspend. Any others? We have a motion then to suspend the rules for purposes of giving second reading to items number 19 and 25. All those in favor, please indicate by saying aye. Aye. Those no? Motion carries. Madam Clerk. Ordinance number 19. An ordinance creating and establishing a non-exclusive telecommunications franchise and providing for the placement of facilities for the generation, transmission, distribution and sale of telecommunications services within the public rights of way; compliance with all applicable existing and future local laws and ordinances and regulations; incorporation of -- by reference of the provisions of Section tw- 253 of the Telecommunications Act of 1996, KRS 136.60 et seq- sequel, set chapters 1717B and 17C of the Code of Ordinances, Lexington-Fayette Urban County Government, and the applicable zoning laws; definitions, construction, installation, maintenance and facility standards, separate cable franchise required for cable services; compliance with various national and state standards and regulations, materials and equipment quality, due regard for rights of government and others performing, and work of the rights of way; placement of lights of signals; undergrounding of facilities in some instances; temporary moving of wires; tree trimming; additional performances; guarantees of up to $200,000 on projects with construction costs exceeding $100,000; and indemnification and hold harmless provision; commercial general liability insurance policy consistent with the provisions of the public right of way ordinance; compliance with nondiscrimination and affirmative action requirements; notice of filing for general base rate increase or transfer of control before the Public Service Commission; a three-year duration, no vested rights for installation or emplacement of facilities other than those provided in franchise or at law; notification or- of assignment with the consent not to be unreasonably withheld, the following penalties recoverably- recoverable for violations after company is provided the opportunity to present evidence of 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 of providing suitable performance bond or other protection to government in lieu of such penalty, and a $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, a $100 a day penalty appealable to a court of competent jurisdiction for failure to comply within 30 days to a council resolution directing compliance with a provision of the ordinance; non-ra- wavier and continued performance and enforcement upon government's failure to insist on specific performance; the payment of penalties not an excuse for non-performance system to be maintained and reasonable c- operating condition at all times absent excusing condition or event; customer inquiries and b- and business hours consistent with any Public Service Commission order; termination upon willful violations of the franchise, willful evasion of the provision of the franchise, fraud and deceit upon the government or knowingly making material misrepresentations; and procedures for terminating the franchise, 30 days advance written notice of for- of foreclosures or judicial sale or lease termination involving all or part of company's facilities in Fayette County with notification to be treated as transfer or assignment; government's right to cancel franchise 30 days after the appointment of receiver or trustee unless certain conditions are met; sell at a public auction over the franchise or do it and do advertisement requirements thereon; written bids; right to reject payment of five percent of the estimated cost of the system unless the company already has sufficient facilities to provide the franchise services and payment of w- $500 for advertisement and administrative costs with any excess amounts exceeding actual costs to be returned to bidders within 30 days; acknowledgment that Telecommunications Tax Act precludes collection of traditional franchise fee with an agreement to negotiate such a fee in good faith in the event that the act is found unlawful; payment of permitting and inspection fees with the right to seek tariff approval from the Public Service Commission; agreement to enter into good faith negotiations on a pole attachment agreement- Can I get a roll call vote? ... additional construction and notification requirements for new providers for- or for certain substantial rebuilds or expansions of facilities; additional performance and security requirements for construction by new providers; bids must ac- 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 sev- severable and franchise effective when the council accepts the bid, all effective on the date of passage. And number 25. Can I get a motion to approve the- An ordinance of the Lexington-Fayette Urban County Council of the Lexington-Fayette Urban County Government, one, authorize and approve the execution and delivery of a lease agreement between the Lexington-Fayette Urban County Airport Board as the lessor and the Lexington-Fayette Urban County Government as the lessee relating to the issuance and sale of the amount not in an- of an amount not to exceed $85 million in aggregate principal amount of A, Lexington-Fayette Urban County Airport B- Board Variable Rate General Airport Revenue and Revenue Refunding Bonds 2008 Series A, Lexington-Fayette Urban County Government General Obligation AMT; B, Lexington-Fayette Urban County Airport Board Variable Rate General Airport Revenue and Revenue Refunding Bonds 2008 Series B, Lexington-Fayette Urban County Government General Obligation Non-AMT; and C, Lexington-Fayette Urban County Airport Board Variable Rate General Op- Airport Taxable Revenue Refunding Bonds 2008 Series C, Lexington-Fayette Urban County Government General Obligation Taxable for the Purpose of Refunding of All the Outstanding Bonds Issued by the Lexington-Fayette Urban County Airport Corporation and Financing the Costs of Constructing Qualified Airport Facilities Including Runway Relocation, Taxi Realignment, Terminal Drive Relocation, Sanitary Sewer Improvements, and Terminal Renovations Constituting Additions, Extensions, and Improvements to the Existing Airport Facilities at the Bluegrass Airport in Fayette County, Kentucky. Thank you very much. Is there a motion to approve those two items? Second. Council Member Blues has moved the adoption of those two items. Council Member Stevens has seconded. Is there any discussion? Seeing none, we'll proceed to vote. Those in favor of approving those items, please indicate by voting aye electronically. Those opposed, vote nay, and Madam Clerk, please call the roll. Ms. Crosby. Yes. Mr. DeCamp? Yes. Mr. Ellenger? Yes. Mr. Gray? Yes. Miss Henson? Yes. Miss James? Yes. Mr. McCord? Yes. Mr. Meyers? Yes. I got ya. Uh, Miss -- Dr. Stephens? Yes. Mr. Stinnett? Yes, ma'am. Mr. Beard? Aye. Mr. Blevins? Yes, ma'am. And Mr. Blues. Yes. Thank you. Those ordinances are approved. We're now ready for the resolutions entitled to second reading. Madam Clerk. Resolution number one, a resolution accepting the bid of NexGen Building Supply, establishing a price contract for ceiling tiles supplemental for the Division of Facilities and Fleet Management. Number two, a resolution accepting the bid of Schroeder- Hold on, Mayor. Councilman Stinnett- Before you read number two, I have a motion, motion to table, uh, motion to table, uh, number two under Resolutions until the November 6th, 2008, uh, council meeting. So moved. Second. Thank you. Motion is to table number two until November 6th. Any discussion on the time at which that is being tabled? Seeing none, we'll proceed to vote. All in favor of tabling item number two until November 6th, please indicate by saying aye. Aye. Opposed, no. Motion carries. Thank you, Mayor. Thank you. Number three, a resolution accepting the bid of Superior Demolition Incorporated in the amount of $112,400 for the Gainesway Community Building demolition for the Division of Parks and Recreation. Number four, 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 five, a resolution accepting the bid of Radio Communication Systems, Inc., doing business as RCS Communications, establishing a price contract for communication system maintenance for the Division of Police. Number six, 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. Number seven, 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. Number eight, a resolution accepting the bid of, bid of Filtmore Technologies, LLC, establishing a price contract for central air filters for the Division of Community Corrections. Number nine, a resolution accepting the bid of Advanced Construction of Kentucky, LLC and Bellows Painting, LLC, establishing price contracts for painting services for the Division of Facilities and Fleet Management. Number 10, a resolution accepting the bids of Advanced 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 11, 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. Number 12, 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. Number 13, a resolution accepting the bid of Landmark Sprinkler Incorporated in the amount of $58,250 for a sprinkler system for the Division of Police. Number 14, a resolution accepting the bid of Crown International Trucks, doing business as Bluegrass International, in the amount of $136,202.45 for a knuckle boom to -- truck for the Division of Facilities and Fleet Management. Number 15, a resolution authorizing and directing the mayor on behalf of the Irwin 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. Number 16, a resolution authorizing and directing the mayor on behalf of the Irwin County government to execute 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 17, a resolution authorizing and directing the mayor on behalf of the Irwin County government to execute agreements with Bluegrass Greenworks Incorporated, $1200, and Metropolitan Women's Club -- Woman's Club Incorporated, $600, for the office of the Irwin County Council at a cost not to exceed the sum stated. Number 18, a resolution amending Section 1 of Resolution Number 479, 2008, to amend the hourly rate for 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. Number seven -- uh, number 19, a resolution ratifying the probationary civil service appointments of Andre Scott, public service worker, senior, grade 107N, 15.9454 hourly in the Division of Water Quality, effective October 13, 2008; India Thomason, childcare program aid, grade 1079, 14.078 hourly in the Division of Family Services, effective October 13, 2008; Christine Meyer Hustler, grade 104N, 11.8100 hourly in the Division of Police, effective September 29, 2008; Shaun 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 appointments of Susan Lamb, council clerk, grade 118E in the Office of the Council Clerk, effective October 1, 2008; ratifying the probationary sworn appointment of Kevin Kidd, police sergeant, grade 315N, 27.013 hourly in the Division of Police, effective October 13, 2008; approving leave of absence for Angela Haley, a certified medical assistant, requests 17-day counsel-approved leave without pay from September 19, 2008, through October 5th, 2008; approving the unclassified civil service appointments of Amelia Thornton, Clinical Services Manager, grade 117E, 2,637.28 biweekly in the Division of Adult Services, effective September 29, 2008; Scott Kelley, social worker, senior, grade 113E, 1,346.35 biweekly in the Division of Adult Services, effective September 29, 2008; Adrienne Shelby, d- deputy coroner, grade 112N, 14.600 hourly in the Office of the Coroner, effective October 13, 2008; Jessica Landom, d- deputy coroner, grade 112N, 14.600 hourly in the Office of the Coroner, effective October 13, 2008; Jennifer McNeil, social worker, senior, grade 111N, 1,363.25 biweekly in the Division of Adult Services, effective September 29, 2008; Kristine Meyer Hustler, grade 104N, 11.8100 hourly in the Division of Police, effective September 29, 2008. Deputy Coroner, grade 112N, $614.600 hourly in the Office of the Coroner, effective October 13, 2008. Number 20, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an agreement with AdSuccess for the, uh, mobility office marketing campaign at a cost not to exceed $40,400. 21, 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 FY2009. 22, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an agreement with Bryan Station Bay and Association, $625 for the office of the Urban County Council at a cost not to exceed the sum stated. 23, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute lease agreements with the National Alliance for the Mentally Ill Bluegrass Community Action Agency, National Association for the Advancement of Colored People, Elders Crafters Community Reinvestment Alliance, Legal Aid of the Bluegrass, Lexington Fayet-- or County Urban League Incorporated, LexCare Area Health Educator-- Education Center, and West End Community Empowerment Program for the use of space at the Black and Williams Neighborhood Center. 24, 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. 25, 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, Eastlake Neighborhood Association, $300, Firebrook-- Firebrook Homeowners Association, $300-- $3,000, Gratz Park Neighborhood Association, $4,995, Hamburg Homeowners Association, $8,000, Merhaven Homeowners Association, $8,630, Martin Luther King Neighborhood Association, $3,610, McConnell's 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 a cost not to exceed $70,000. 26, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute change order number one to the Eng- 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. Number 27, 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 permanent sanitary sewer and temporary construction easements with, from George D. and Anne M. Robinson for the property located at 2299 Brandon Road for the South Elkhorn Force Main Project and authorize the payment in the amount of $15,000 plus usual and appropriate closing costs. 28, 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 permanent sanitary sewer and temporary construction easements from RSCS LLC for the property located at 4454 Clays Mill Road for the South Elkhorn Force Main Project and authorize the payment in the amount of $20,000 plus usual and appropriate closing costs. 29, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute, to approve renewal of aircraft 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 to author- authorize payment to Kentucky Legal Cities Insurance Agency Incorporated on behalf of ACE USA. Number 30, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to accept a donation from the Friends of Lexington Mounted Police Incorporated for conference registration and lodging for use at the 2008 North American Police Equestrian Championship at no cost to the Urban County Government. And number 31, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to accept a donation from Windstream Communications of 100 First Alert WX17 radios for use during National Preparedness Month at no cost to the Urban County Government. Thank you. Is there a motion to approve those resolutions? So moved. Thank you very much, Mr., uh, Council Member Beard. Is there a second? Heard a second from Council Member Crosby. Any discussion? All in favor of approving those resolutions then, please indicate by voting aye electronically. All opposed vote nay electronically. Madam Clerk, please call the roll. Ms. Cosby. Yes. Mr. DeCamp. Yes. Mr. Ehlinger. Yes. Mr. Gray. Yes. Mr. Hen- Ms. Henson. Sorry. Gotta get these genders. Um, Ms. James. Yes. Mr. McCord. Yes. Mr. Meyers. Yes. Dr. Stephens. Aye. Mr. Stennet. Yes, ma'am. Mr. Beard. Aye. Mr. Blevins. Aye. And Mr. Blues. Thank you. Those resolutions are approved. We're now ready for the first reading of resolutions. Madam Clerk. Resolution number 32. A resolution accepting the bid of R.J. Corman Aircraft Maintenance, the LDLC, in the amount of $107,000 for helicopter main rotor blades for the Division of Police. Number 33, a resolution accepting the bid of Crytex LLC establishing a price contract for manhole leveling system and supplies for the Division of Streets, Roads, and Forestry. 34, resolution accepting the bid of Wysong Enterprises Incorporated in the amount of $320,245 for a thermal imaging system for the Division of Police. 35, a resolution accepting the bids of Advanced Construction of Kentucky LLC, Benjamin Franklin Plumbing, Lighthouse Plumbing LLC, and Mulligan Plumbing Incorporated, establishing price contracts for plumbing services for the sump pump redirection program for the Division of Water Quality. 36. A resolution accepting the bid of Will Bill Wakes Countryside Ford in the amount of $55,146 for 2009 Ford F450 trucks for the Division of Facilities and Fleet Management. 37. A resolution accepting the bid of LM Asphalt Partners Limited, doing business as ATS Construction, establishing a price contract for the 2008, 2009 city streets resurfacing for the Division of Streets, Roads and Forestry. 38. A resolution accepting the bids of Polydyne Incorporated, Atlantico, uh, South Carolina, and Ashland Incorporated, establishing price contracts for polymer flocculents for the Division of Water Quality. Number 39. A resolution accepting the bid of Louisville Paving Company Incorporated in the amount of f- $148,000 for the Glendover Tennis Court renovation for the Division of Parks and Recreation. Number 40. A resolution accepting the bid of, uh, Pr- Public Diesel in the amount of $17,664 for a multi-use power unit for the Division of Facilities and Fleet Management. 41. A resolution accepting the bid of Tom Chestnut Excavation and Construction, establishing a price contract for bulb out insulation for the Division of Traffic Engineering. 42. A resolution accepting the bid of Meyer Truck Com- Equipment, establishing a price contract for a dump body for the Division of Facilities and Fleet Management. 43. A resolution accepting the bit of- bids of GT Distributor- Distributors of GA Incorporated and Galls Incorporated, Aramark Company, establishing price contracts for police car consoles for the Division of Police. 44. A resolution accepting the bids of Allied Technical Services Incorporated, ITT Flight Corporation, the Watering Division, and Service Pump and Supply Company, establishing price contracts for pumping services for the Division of Water Quality. 45. A resolution accepting the bid of Graybar Electric in the amount of $119,900 for replacement circuit breakers, West Hickman for the Division of Water Quality. 46. A resolution of the Lexington-Fayette Urban County Government relating to the issuance of the- by the Kentucky Economic Development Finance Authority of revenue bonds to finance and refinance, among other things, costs incurred by Baptist Healthcare System Incorporated in constructing and acquiring certain hospital facilities in the urban county and re- waiving review by the Industrial Revenue Revo- Review Board. 47. A resolution authorizing and directing the Mayor on behalf of the urban county government to execute a contract with the US Department of Agriculture for participation in the US Department of Agricultural Commodities Program at no cost to the government. 48. A resolution authorizing and directing the Mayor on behalf of the urban county government to execute a memorandum of agreement with Fayette County Public Schools and the University of Kentucky pertaining to the cooperative purchasing of environmentally friendly or green commodities as part of the Bluegrass Partnership for a Green Community at no cost to the government. 49. A resolution authorizing and directing the Mayor on behalf of the urban county government to execute a purchase of service agreement and a lease agreement with Lexington-Fayette Animal Care and Control LLC for animal control services at a cost not to exceed $1,017,020. 50. A resolution authorizing and directing the Mayor on behalf of the urban county government to execute a purchase of service agreement with Lexington-Fayette Animal Care and Control LLC for administration of the Spay and Neuter Grant Fund and Program. 51. A resolution authorizing and directing the Mayor on behalf of the urban county government to execute a prescription benefit services agreement with Caremark LLC to administer the pharmacy benefit from November 1st, 2008 through October 31st, 2011. 52. A resolution authorizing and directing the Mayor on behalf of the urban county government to execute an agreement with the Commonwealth of Kentucky, Kentucky State Police, for viewing and selecting helicopter surplus parts at no cost to the government. 53. A resolution authorizing and directing the Mayor on behalf of the urban county government to execute an agreement with Internal Revenue Services Criminal Investigation for reimbursement expenses to the Division of Police at no cost to the government. 54. Resolution authorizing and directing the Mayor on behalf of the urban county government to execute a lease agreement with AIDS Volunteers Incorporated for the lease of urban county government property located at 851 Todds Road. 55. A resolution authorizing and directing the Mayor on behalf of the urban county government to execute a lease agreement with AIDS Volunteers Incorporated for the lease of urban county government property located at 1807 Dalton Court. 56. A resolution authorizing and directing the Mayor on behalf of the urban county government to execute an amendment to agreement with AIDS Volunteers Incorporated for extension of the agreement for operation of a tenant based rental assistance program through June 30th, 2009. 57. A resolution authorizing and directing the Mayor on behalf of the urban county government to execute an agreement to a lease with Icons Office Solutions Incorporated for off- additional copier items at a cost not to exceed $456.10. 59. A resolution authorizing and directing the Department of Law on behalf of the urban county government to accept a deed from Calgal Partners Limited, excuse me, Calgal Partners LP, for a permanent drainage easement at 2550 Winchester Road and authorizing and directing the Mayor on behalf of the urban county government to execute the deed of easement to certify the consideration at no cost to the urban county government. 49- 59. A resolution changing the street name and property address numbers of 1205 North Broadway to 208 Legends Avenue- Legends Lane, uh, 501, 505, 509, 513, 517, and 521 Douglas Avenue to 751, 755, 759, 763, 767, and 771 Douglas Loop, uh, 501, 505, 509, 513, 517, and 521 Glenarvin Avenue to 651, 655, 659, 663, 667, and 671 Glenarvin Circle, of 2117 Fort Harrods Drive to 3401 Lyons Drive, of 779 Newtown Pike to 1 Imperial Court, of se- 370 Price Road to 955 Whitney Avenue, of 460 Price Road to 410 Greenwood Avenue, of 1300 and 1304 Trent Boulevard to 2813 and 2817 Sticks Court, and of 3704, 3708, and 3712 Trent Circle to 2809, 2805, and 2801 Sticks Court, and changing the property address numbers of 447 through 451 Ash Street to 451 Ash Street, of 3216 Braktown Road to 3217 Braktown Road, of 769 through 771 Breathitt Avenue to 771 Breathitt Avenue, of 935 9- through 937 Charles Avenue to 937 Charles Avenue, of 737 Florence Avenue to 735 Florence Avenue, of 1408 through 1436 North Forbes Road to 1422 North Forbes Road, of 413 through 417 Georgetown Street to 417 Georgetown Street, of 371 Glenarvin Avenue to 369 Glenarvin Avenue, of 300 through 320 Hickory Street to 33- 306 Hickory Street, of 657 3666- 657 through 679 Kennedy Road to 673 Kennedy Road. Uh, 1437, 1445, 1401 through 1413, and 1417 through 1419 Leestown Road to 1439, 1441, 1401, and 1407 Leestown Road, of 320 Lima Drive to 250 Lima Drive, of 435 through 437 Lindenburg Drive to 437 Lindenburg Drive, of 736 Lochmere Place to 734 Lochmere Place, of 439, 331 through 333, and 501 through 503 Newtown Pike to 429, 333, and 501 Newtown Pike, and of 836 Whitney Avenue to 846 Whitney Avenue, all effective 30 days from the date of passage. And there's a motion on number 60? Please. Council member Henson. Thank you, Mayor. I move to amend item number 60 under first reading and resolutions- ... to add the probationary civil service appointment of Meredith Nelson, Deputy Counsel Clerk, grade 116E, ed, 1779.20 biweekly in the counsel clerk's office effective October 28th, 2008. So moved. Second. I have a motion by Council Member Henson and a second by Council Member Crosby. Any discussion? All in favor, please say aye. Aye. All opposed, no. Motion carries. Thank you. Resolution number 60 as amended, a resolution ratifying the probationary civil service appointments of Lori Hammond, Account Senior, grade 116E, 2000, 384, 61 biweekly in the Division of Accounting, effective October 27, 2008; Betty Landrum, Buyer Senior, grade 116E, 1000, 19- 1913, 82 biweekly in the Division of Purchasing, effective October 27, 2008; Kenneth Johns, GIS Specialist, grade 114N, 20.157 hourly in the Division of Computer Services, effective October 27, 2008; Anthony Welch, Radio, Electronics Specialist, grade 117E, 2000, 115, 38 biweekly in the Division of Fire and Emergency Services, effective October 27, 2008; Susan Bush, Director of Environmental Policy, grade 122E, 3000, 733, 76 biweekly in the Division of Environmental Policy, effective October 27, 2008; Jodi Evans, Equi- Heavy Equipment- Heavy Equipment Technician, grade 113N, 19.630 hourly in the Division of Fire and Emergency Services, effective October 27, 2008; David Pool, Treatment Plant Operator, grade 113N, 21.163 hourly in the Division of Water Quality, effective October 27, 2008; Shepard Avery, Equipment Operator Senior, grade 109N, 12.336 hourly in the Division of Waste Management, effective November 10, 2008. Constance Kale, Revenue Compliance Auditor Supervisor, grade 116E, 1000, 903, 85 biweekly in the Division of Revenue, effective October 20, 2008; Meredith Nelson, Deputy Counsel Clerk, grade 116E, 1000, 779, 20 biweekly in the Counsel Clerk's Office, effective October 28, 2008; ratifying the permanent sw- civil surface appointments of Mitchell Kuiper, Equipment Operator Senior, grade 109N in the Division of Streets, Roads, and Forestry, effective November 14, 2008; Freddy Pennsinger, Equipment Operator Senior, grade 109N in the Division of Streets, Roads, and Forestry, effective October 31, 2008; Jonathan Cole, Electrician, grade 114N in the Division of Water Quality, effective October 14, 2008; ratifying the permanent sworn appointments of Mark Blankenship, Bar Major, grade 318EN in the Division of Fire and Emergency Services, effective October 14, 2008; Carl Hans, Fire Captain, grade 316N in the Division of Fire and Emergency Services, effective October 14, 2008; Brian Dawson, Fire Lieutenant, grade 315N in the Division of Fire and Emergency Services, effective October 14, 2008; approving the unclassified civil service appointment of Cheryl Mac, Custodial Worker, grade 102N, 11.044 hourly in the Division of Family Services, effective October 20, 2008. Number 61, a resolution authorizing and directing the mayor on behalf of the urban government to execute agreements with the Fayette County Commonwealth Attorney's Office, the Canton County Commonwealth Attorney's Office, and the Commonwealth Attorney 28th Judicial Circuit for services under the 2007 Project Safe Neighborhood Program at a cost not to exceed $19,371 for the Fayette County Commonwealth Attorney's Office, $20,000 for the Canton County Commonwealth Attorney's Office, and $12,000 for the Commonwealth Attorney 28th Ju- Ju- Judicial Circuit. 62, a resolution authorizing and approving the purchase of excess general reliability, excess automobile liability, excess public officials' liability, and excess law enforcement liability insurance through the Kentucky League of Cities from Insurance Company of the State of Pennsylvania and the AIG Cup- Group for the term of November 1, 2008, through November 1, 2009 at a cost not to exceed $588,117 and authorizing and directing the mayor on behalf of the urban county government to execute all necessary documents to accomplish the same. Number 63, a resolution authorizing and directing the mayor on behalf of the urban county government to execute the proposal from MXI Environmental Services, LLC, for household hazardous waste fall haul at a cost not to exceed $200,000. 64, a resolution authorizing and directing the Department of Law on behalf of the urban county government to execute a letter engaging the law firm of Lander Michaus, LLP, to represent the interests of the urban county government in an insurance coverage dispute. 65, a resolution authorizing and directing the mayor on behalf of the urban county government to execute the Internal Revenue Service sponsor agreements and civil rights assurance with which are attached hereto and incorporated herein by reference for volunteer income tax assistance programs at the Gainesway Empowerment Center, The Central Kentucky Job Center, and the Family Care Center at no cost to the urban county government. 66, a resolution authorizing and directing the mayor on behalf of the urban county government to execute an agreement with Windstream Kentucky East, LLC, relo- for relocation of the utilities for the Clays Mill Road improvements project at a cost not to exceed $77,358.39. Excuse me, number 67, a- A resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an agreement with Columbia Gas of Kentucky for the relocation of utilities for the Top Liberty Todds Road reconstruction project at a cost not to exceed $93,866. 68, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an agreement with Windstream Kentucky East LLC for a relocation of utilities for the Liberty R- Todds Road reconstruction project at a cost not to exceed $69,553. Number 69, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute agreements with Lexarts Incorporated, $1,750 YMCA of Central Kentucky, $1,600 in Kentucky Blood Center Incorporated, $1,000 for the office of the Urban County Council at a cost not to exceed the sums as stated. 70, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a federal edi- equitable sharing a- agreement and certification with the Federal Government Department of Justice for participation in the Federal Equitable Sharing Program at no cost to the government. 71, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an amendment to an agreement with the Fayette County Commonwealth Attorney's Office for an additional $10,000 for the Cold Case Squad Project and extending the agreement through June 30th, 2009 at a cost not to exceed an additional $10,000. 72, 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 the use of Norris Worthy Auditorium at a cost not to $482.50. 73, 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 the Jesse Clark Middle School gymnasium at a cost not to exceed $4,304.76. 74, resolution authorizing and directing the mayor on behalf of the Urban County Government to execute change to order number three to the contract with BDC Incorporated for Ekton Park Pavilion, increasing the contract price by the sum of $9,577.82, from $161,675 to $171,252.82. Number 75, a resolution authorizing an am- and directing the mayor on behalf of the Urban County Government to execute a partial release of easement, releasing a portion of sanitary sewer easement on property sit- just south of Passion Wilkes Drive at no cost to the Urban County Government. 76, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a certificate of consideration and accept a deed conveying a permanent sanitary sewer easement and temporary construction easement for the property located at 1812 Versailles Road for the Catholic Diocese of Lexington for Cadent Town Versailles Road sanitary sewer project at no cost to the Urban County Government, with usual and appropriate closing costs. 77, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a certificate of consideration and accept a deed conveying a permanent sanitary sewer easement and temporary construction easement for the property located at 1808 Versailles Road from Mark G. Smith for the Cadent Town Versailles Road sanitary sewer project at no cost to the Urban County Government, with usual and appropriate closing costs. 78, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a certificate of consideration and accept a deed conveying a permanent sanitary sewer easement and temporary construction easement for the property located at 1806 Versailles Road from Mark A. Still and Linda Still for the Cadent Town Versailles Road sanitary sewer project at no cost to the Urban County Government, with usual and appropriate closing costs. 79, a resolution auth- amending section one of resolution number 562-2007, which authorize the direct- 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 permanent sanitary sewer easement and temporary construction easement for the property located at 2852 Liberty Road for the Cadent Town sanitary sewer project to change the name of the grantor from Dennis Anderson to Anderson Prop- Homes, uh, for Rent LLC. Number 80, a resolution amending section one of resolution number 571-2008 relating to a pay increase for a full-time, for all full-time non-contract bargaining unit employees whose hourly rate is, of pay is less than the living wage, changing the rate of pay from 11.50 hourly to 11.15 hourly. 81, a resolution authorizing and directing the mayor on behalf of the- Mayor. A resolution authorizing and directing the mayor- Excuse me, Madame Clerk. We have a motion to amend 81. Councilman Stennit. I move to amend number r- or item 81 on the docket under first reading resolutions to delete the positions of life skills program specialists and inmate services supervisor from those positions transferring to hazardous duty pension coverage as one position's not eligible for coverage and the other position no longer exists. So moved. Second. Did I hear a second from Councilmember Meyers? Um, you've heard the motion. Is there any discussion? All in favor of that amendment to item number 81, please indicate by saying aye. Aye. All opposed, no. Motion carries. Thank you. Thank you, Mayor. One second while I get the corrected heading on that to read. Okay. Number 81 as amended, a resolution authorizing and directing the mayor on beha- and the Director of the Division of Budgeting on behalf of the Urban County Government to execute all necessary documents and to take all appropriate measures to transfer the positions of Director of Community Corrections, Assistant Director of Community Corrections, Community Corrections Major, Community Corrections Captain, Community Corrections Lieutenant- ... Community Corrections sergeant, and Community Corrections officer to hazardous duty, uh, duty coverage in the County Employees Retirement System effective upon date of passage. For some reason, I don't think I corrected that. And number 82, a resolution authorizing and direct the Mayor on behalf of the Irwin County Government to accept a donation from the Lexington Legends of s- 3,700 mini police toy cars for the use of the Division of Police Community Services Section at no cost to the Irwin County Government. Thank you very much. Those are the resolutions, uh, entitled to first reading. Are there any motions? Yes. Council member Ellinger. Thank you, Mayor. I'd like to suspend the rules and give second reading for number 64, please. Is there a second? Council member McCord. Council member McCord. Thank you, Mayor. I'd like to suspend the rules, give second reading to number 70, please. Mayor? Council member Beard. Thank you, Mayor. Uh, I would like to suspend the rules and ask for a second reading on both number 39 and number 46. Uh, reason being construction projects that were during winter and, um, and I'd like to get into those, I think, uh, before the snow starts flying, if it starts flying. Council member Myers. Thank you, Mayor. I'd like to suspend the rules and give second reading to number 65. And the reason being is that tax season's coming up and we need to get, uh, these agreements signed, so we can get some training in place and prepared to go. Thank you. So any, Council member Hanson. Mayor, I'd like to suspend the rules, give second reading to number 60 on request from the Council Clerk's Office. Thank you. Council member Blues. I'd like to add 48, 51, 62, at the request of the administration. Thank you, Mayor. 48, 51, and 62. Any others? Council member Blovens. I'd like to suspend the rules for number 63 in order to maintain our timing on the hazardous waste fall hall, please. Number 63. Thank you. All right, let's go through the list and make sure I have them all here. I have a motion to suspend the rules, grant second readings to items 39, 46, 48, 51, 60, 62, 63, 64, 65, 70. I believe that's it. Did I miss any? All right. Those in favor of suspending the rules to give second reading to those items, please indicate by saying aye. Aye. Oppose, no. Motion carries. Madam Clerk. I hate to ask you to do this, but do you mind to go over those numbers just one more time? Sure. I don't want to read the wrong ones. 39, 46, 48, 51, 60, 62, 63, 64, 65, 70, and that's it. Thank you. Okay, number 39 for second reading, a resolution accepting the bid of Louisville Paving Company Incorporated in the amount of $148,000 for the Glendover Tennis Court renovation for the Division of Parks and Recreation. Number 46, a resolution of the Lexington-Fayette Irwin County Government relating to the issuance of, by the Kentucky Economic Development Finance Authority of Revenue Bonds to finance and refinance among other things costs incurred by Baptist Healthcare System Incorporated in constructing and acquiring certain hospital facilities in the Irwin County and waiting review by the Industrial Revenue Revo- Review Board. 48, a resolution authorizing and directing the Mayor on behalf of the Irwin County Government to execute a memorandum of agreement with Fayette County Public Schools and the University of Kentucky pertaining to the cooperative purchasing of environmentally friendly or green commodities as part of the Blue Grass Partnership for a Green Community at no cost to the government. 51, a resolution authorizing and directing the Mayor on behalf of the Irwin County Government to execute a prescription benefit services agreement with Caremark LLC to administer the pharmacy benefit, uh, from November 1, 2008 through October 31, 2011. Number 60, a resolution, uh, ratifying the probation of civil service appointments of Lori Hammond, Accountant Senior, grade 116E, 2,384.61 biweekly in the Division of Accounting, effective October 27, 2008. Betty Landrum, Buyer Senior, grade 116E, 1,913.82 biweekly in the Division of Purchasing, effective October 27, 2008. Kenneth Johns, GIS Specialist, grade 114N, 20.157 hourly in the Division of Computer Services, effective 27- October 27, 2008. Anthony Welch, Radio Electronic Specialist, grade 117E, 2,001.1538 biweekly in the Division of Fire and Emergency Services, effective October 27, 2008. Susan Bush, Director of Environmental Policy, grade 122E, 3,337- 3,733.76 biweekly in the Division of Environmental Policy, effective October 27, 2008. Jodi Evans, equip-- heavy equipment technician, grade 113N19.630 hourly in the Division of Fire and Emergency Services effective October 27, 2008. David Pool, treatment plant operator, grade 113N to 21.163 hourly in the Division of Water Quality effective October 27, 2008. Shepard Avery, equipment operator senior, grade 109N12.336 hourly in the Division of Waste Management effective November 10, 2008. Constance Kale, revenue compliance auditor supervisor, grade 116E190385 biweekly in the Division of Revenue effective October 20, 2008. Meredith Nelson, deputy council clerk, grade 116E179920 biweekly to the Council Clerk's office effective October 28, 2008. Ratifying the permanent Civil Service appointments of Mitch- Mitchell Keifer, uh, equipment operator senior, grade 109N in the Division of Streets, Roads, and Forestry effective November 14, 2008. Freddy Pensinger, equipment operator senior, grade 109 in the Division of Streets, Roads, and Forestry effective October 31, 2008. Jonathan Cole, electrician, grade 114N in the Division of Water Quality effective October 14, 2008. Ratifying the permanent sworn appointments of Mark Blankenship, fire major, grade 318E in the Division of Fire and Emergency Services effective October 14, 2008. Carl Hans, fire captain, grade 316N in the Division of Fire and Emergency Services effective October 14, 2008. Brian Dawson, fire lieutenant, grade 315N in the Division of Fire and Emergency Services effective October 14, 2008. Approving the unclassified Civil Service appointment of Cheryl Mack, custodial worker, grade 102N11.044 hourly in the Division of Family Services effective October 20, 2008. 62, a resolution authorizing and approving the purchase of Excess General Liability, Excess Automobile Liability, Excess Public Official Liability, and Excess Law Enforcement Liability Insurance through the Kentucky League of Cities from insurance company of the State of Pennsylvania and i- AIG Comp Group for the term of November 1, 2008, through November 1, 2009 at a cost not to exceed $588,117, and authorizing and directing the Mayor on behalf of the Irwin County Government to execute all necessary documents to accomplish the same. 63, a resolution authorizing and directing the Mayor on behalf of the Irwin County Government to accept the proposal from MXI Environmental Services, LLC, for household hazardous waste Fall Hall at a cost not to exceed $200,000. 64, a resolution authorizing and directing the Department of Law on behalf of the Irwin County Government to execute a letter of engaging the law firm of Landrum & Shouse LLP to represent the interests of the Irwin County Government in an insurance coverage dispute. 65, a resolution authorizing and directing the Mayor on behalf of the Irwin County Government to execute an- the internal revenue service sponsor agreements and civil serv- civil rights assurance which are attached ther- hereto and incorporated herein by reference for volunteer income tax assistance programs at the Gainesway Empowerment Center, the Central Kentucky Job Center, and the Family Care Center at no cost to the Irwin County Government. And number 70, a resolution authorizing and directing the Mayor on behalf of the Irwin County Government to execute a federal equitable sharing agreement and clert- certification with the Federal Government Ch- Department of Justice for participation in the Federal Equi- Equitable Sharing Program at no cost to the Irwin County Government. Thank you very much. Is there a motion to approve those resolutions? So moved. Second. Council member, uh, Blues has moved to approve them. Council member Beard has seconded that motion. Any discussion? All in favor, please indicate by saying aye. Aye. Opposed, no. Motion carries. Madam Clerk, if you'll, uh, call the roll and members please vote aye if you support those resolutions. Vote nay if you oppose them electronically. Ms. Crosby. Yes. Mr. Decamp. Yes. Mr. Ellinger. Yes. Mr. Gray. Yes. Ms. Henson. Yes. Ms. James. Yes. Mr. Lane. I'm sorry, he's absent. Sorry about that. Mr. McCord. Yes. Mr. Meyers. Yep. Dr. Stephens. Aye. Mr. Stennet. Aye. Mr. Beard. Aye. Mr. Blevins. Aye. And Mr. Blues. Yeah. Thank you. Thank you very much. Those resolutions are approved. We're now down to item seven on the agenda- A motion to approve the appointment of, uh, Mr. Brown would be in order. I so move. I move we approve the appointment of Mr. Brown. Is there a second? Council member Stephens has moved and Council member Beard has seconded the motion to approve the appointment of, uh, Mr. Brown to the Board of Adjustment. Any discussion? All in favor, please say aye. Aye. Opposed, no. Motion carries. I have one other, uh, minor communication from the Mayor. You'll be receiving a letter shortly. But on the Friday after the election, November 7th at nine o'clock, I'd like to invite the, uh, members of the Council to come to the 12th floor for coffee and doughnut get-together with, uh, members of the old Council and members of the new Council. So, uh, if you'd mark your calendars now, we'll, uh, have something in writing to you shortly, but I wanted you to be aware of that. November 7th, nine o'clock, on the 12th floor. Um, any, um, th- there- there's a report from the Division of Building Inspection- Inspection that I believe has been circulated. Are there any announcements from the Council? Seeing none, that takes us down to the public comment section. Now, we'll have the, uh, public foreign on the- forum on the smoking ordinance in just a moment. Are there any comments other than those pertaining to the smoking ordinance? Mr. McCarthy. Your Honor and members of the Council, I think that much as I am eager to see Newtown Extension get built and have fought for years to get it built and donated a lot of my vacation time and my weekends toward, uh, whittling away the opposition's favorite excuse, building that one project does not make it okay to shrink any of the existing streets in our downtown or to change one-ways to two-ways if that throws away capacity. If anything, with all the redevelopment that's going on, we need our downtown streets made bigger. We need dead-end streets turned into through streets in the areas adjacent to downtown on all sides whenever an opportunity arises, such as extending Fifth Street across the Eastern State Hospital property when it gets redeveloped into a community and technical college. I would point out that the community and technical college would definitely generate more traffic than the mental hospital does now. All the apartment complexes that have been built just south of downtown definitely generate more traffic, and for that matter, more sewage than the tobacco warehouses that were torn down to make room for them. I mean, with all the fuss that's been devoted to CenterPoint, I mean, that's just one building. We've had a lot more places where density has been increased over what was there before, and packing more density into a confined area doesn't really get you off the hook for needing to provide more infrastructure, because unfortunately, it means putting more load on the existing streets than what they were sized to handle, more load on the existing sewers. And if you guys want the city to grow vertically instead of horizontally, well, the infrastructure to support it needs to do likewise in some fashion. Thank you very much, Mr. McCarthy. Mr. Maher, I understand you wish to speak. As usual. Eric Patrick Maher, 207 Cassidy Avenue, and I was trying to get Vice Mayor Yates to come because she gets extra time, I noticed, to speak, so. But she didn't want to come out again. Uh, anyway, I wanted to follow your rules and not speak on CenterPoint itself at the, the public hearing on Tuesday, so I hope I get pat on the back for that. Anyway, the real conversation I noticed was the work session Tuesday afternoon when Vice Mayor Gray and, uh, Councilman McCord had a little discussion about what's actually able to be talked about during the public hearing on the TIF development plan, and that's what I believe is the real issue for our Lexington if we can focus on what I believe is a real issue for all of us in the entire world, as a matter of fact, and that's our economy in general, our economic landscape. Uh, from Main Street literally all the way to Wall Street to London, Paris, Tokyo, Sydney, and so forth. I think that we all understand that our economy is easily the most important issue, maybe of our lifetimes as a matter of fact. Uh, having said that, I- I've noticed throughout the whole entire CenterPoint conversation, and I know that I am talking about that, that the discussions have largely been ab- about outward appearances, how tall the building is, what it looks like, uh, historical value, and- and all the aesthetics, so to speak. And those things are great, and I understand that architects and historic- historical preservationists and developers and people can argue those points, uh, endlessly, and that's great. There's a point for that. But I would say the bigger issue is actually the int- inside internal contents of our downtown. Especially right now, we have empty city block and understand, uh, the rules of the game. But it seems like we have unlimited potential right now considering our major, probably the- maybe the crisis of our lifetime, the economic environment of our world. We have the chance now to build something that truly could transform our whole entire economy, similar to the way Silicon Valley was started as a matter of fact, in those dire economic times after World War II. We have the chance of a lifetime to do something great. Uh, and so I would just, again, I'm encouraging that, to focus on what we can really do, especially on the inside, maybe the next Altech or the next biofuel mecca, which I've talked about these things before. But it does seem to me that we do have some incredible resources and an incredible opportunity of our lifetimes right now to synergize. We have two Toyota, uh, facilities in our state of Kentucky, in Covington, and then Georgetown. We have Altech right next door. We have the second- the second-largest agricultural basis out of Mississippi. We have Chris Kimmel, we have Dr. Lyons, we have Dr. Todd, we have Jay McCord, who's an ideator. We have great people on this council. We have a lot of great resources, and the opportunity and the challenge of our lifetime to do something great. If we could just, as Chris Kimmel always says, if we could just use our imaginations. And I believe above all else, I- I, as Joe Graves said, I love that word, he said, he beseeches you. I beseech the conversation to be about what can we do to transform our economy to help all 280,000 of us and even the entire state, which is I believe is the 41st poorest state in the country, as a matter of fact. If I said that right. Anyway, thanks for your time. Thank you very much, Mr. Maher. Um, I don't have anyone else who has indicated a desire to speak on anything other than the smoking ordinance. Is there anyone else who might wish to do so? Okay. Very well. We have a couple of police and fire matters to pick up, I understand. Chief Ades, please. The Division of Fire has recommended a written reprimand for a firefighter Jamie Tinsley for having an at-fault accident with a vehicle as a result of carelessness. This is in violation of KRS95.450 and Lexington Fire Department SOP800.06. The employee has signed indicating concurrence with this recommendation. Move to approve. Second. Thank you. Councilmember Ellinger has moved to approve. Councilmember McCord has seconded. Is there any discussion? All in favor of approving that recommendation, please say aye. Aye. All opposed, no. Motion carries. Thank you, Chief Ades. Yes, ma'am. Good evening. Commander Kelly Edwards. An allegation has been made that Officer Travis Overton has committed the offense of improper operation of a vehicle in violation of KRS95-450 and General Order 73-2H, Section 1.13, Operation of Vehicles. Chief Astin has recommended a written letter of reprimand. Officer Overton has voluntarily accepted the above disciplinary action. Is there a motion? I move approval. Second. Council Member Stevens has moved approval. Council Member Beard has seconded. Any discussion? All in favor, please say aye. Aye. Opposed, no. Motion carries. Thanks, Commander. Any further business to come before the council? All right, seeing none. We're ready to move to the public forum. I know many of you have, uh, already signed up indicating a desire to speak. If you have not yet done so and you wish to speak on the matter of the smoking ordinance, please, uh, uh, sign up in back where Mr. Greene is standing. If you'll wave your hand already so everybody will know where to go. Uh, what we'll do is just go through the folks who've indicated a desire to speak and, um, do them in the order in which they signed up. We'll ask that you come to the podium, give us your name and address. You'll have three minutes. The timer will, uh, be engaged so you can keep track of your time. If, uh, the next person will stand by some place close to the podium there, it will help us to move along. Let me ask David Cassidy to, uh, come forward, if you would. Mr. Cassidy, we'll let you go first. And then, um, just working down the list, the next person I have is Carey Lester. Uh, uh, I don't know if that's Mister or Ms. Okay, Mr. Lester, if you will stand by. Um, let me offer one other option. If some of you would prefer to submit your comments in writing, I'm sure we'd be glad to receive those as well. You can leave those with our, our clerk this evening. Um, Mr. Cassidy. Mr. Mayor, Council, I'm David Cassidy. I'm a cardiologist. I've been living in Lexington since 1990. Uh, it's my privilege to ride my bike here among other things, and as I do so, uh, with Dr. Steven's son occasionally, ride by tobacco fields. And every time I do so, I think, "Well, there's money in the bank for me, because those tobacco leaves are gonna be con- made into cigarettes, which will eventually produce people who have smoking problems and subsequent heart disease." I'm also proud that Lexington has passed some of the first anti-smoking laws in the state and has been a model for this state and the country. Uh, I'm happy to be on the staff at St. Joe's Hospital which, with other hospitals in the city, has passed anti-smoking laws and will expand those to the full campus, uh, next month. What I am concerned about is the people who don't smoke themselves but have been exposed to smoking by family members and by their communities. I take care of people who were exposed to smoke from the time that they were infants. I take care of people who were exposed to smoke by their communities. Uh, in Scotland, in about 1990, uh, a large anti-smoking ban was passed, and as a result of that, over 2,000 people didn't come into hospitals with heart attacks, 2,000 people who had never smoked themselves who were exposed to passive smoking. The same can happen here. I don't have all the numbers of people who have been exposed to passive smoke. Uh, you're probably not interested in that. What we are interested is in the people who don't smoke who are exposed to it whose lives can be improved by decreasing the smoke they're exposed to, people who are in bars, people who are in bingo halls, waiters, other people who don't have a choice. We can decrease their risk of heart attacks. We can decrease their risks of emphysema, of other lung problems, of strokes, by decreasing their exposure to smoke. If this city would pass an ordinance completely banning smoking in all these public places, we'd make it even, even better place to live and to be and to breathe. Thank you. Thank you, Dr. Cassidy. Mr. Lester, if you'd step forward, and then, uh, Dr. Moreno, if you would stand by, please. Mr. Lester? My name is Carey Lester, and, um, I'm a public relations associate at Central Baptist Hospital, and I appreciate the opportunity to speak with you this evening. As a representative of one of the leading healthcare facilities in central and eastern Kentucky, I could stand here and recite figure after figure about the perils of tobacco use to you. But you're civic-minded people, and you already know that tobacco use is the leading preventable cause of disease and premature death in the United States and the most prominent cause of cancer. Instead, I want to speak with you about the merits of leading by example. Central Baptist Hospital has considered going to totally tobacco-free campuses for quite some time now. And we were pleased to join the Kentucky Hospital Association's Tobacco-Free Healthcare Collaborative, which will result in tobacco-free healthcare properties throughout central Kentucky by November 20th this year. This move, we believe, is a significant step in helping us practice what we preach to our patients and their families when we ask them to adopt healthy behaviors. For years, hospitals in our area have succumbed to the pressures of Kentucky's long-standing tobacco culture and have provided designated smoking areas for patients, visitors, employees, and others. Inside, we had doctors treating people with devastating diseases almost solely caused by tobacco use or significantly related to those smoking habits. Outside, we were saying it was okay to use tobacco as long as you do it in these particular areas. This was obviously sending mixed messages to the public. Those practices will be changing next month so that patients, visitors, physicians, employees, vendors, and countless others who come into our properties will no longer be subjected to discomfort and hazards associated with the use of tobacco products. We are a healthcare facility. We promote healthy lifestyles, and we must lead by example. We were proud when Lexington led the state four years ago in banning smoking in many public areas. We also applauded the city's efforts to promote health and wellness with the addition of bike lanes and recreational trails. We were pleased that the recent Second Sunday effort to promote physical activity was a success. You are leading by example, and now it's time for you, like the local hospitals, to take the next step. We at Central Baptist support the proposed amendment of the city's smoking law that would extend the ban on smoking to include all workplaces as well as public transportation and other public sites. By implementing this ban, you would join the hospitals involved in the Tobacco-Free Healthcare Collaborative in no longer sending mixed messages that it's all right to subject the public to secondhand smoke in certain places, but not in others. You would once again be leading by example. Neither our upcoming move to a tobacco-free campus nor your promote- proposed amendment to strengthen the smoke-free law is meant to punish the smoker. As a hospital, we know all too well the powerful addictive qualities of nicotine, and we want to assist smokers as much as possible in overcoming this addiction. These moves are, in the simplest forms, health statements that we are called to act upon. Mr. Lester, your time has expired. Okay. If you can wrap up very, very quickly. If, if there's anything we can help you with, please feel free to call on us. Thank you. Thank you very much. Doctor, if you'll step to the podium, and Mr. Wright, I see, is already standing by. Yes. If you could give us your name and address, please. Uh, Mr. Mayor and, and Council, my, my name's Dr. David Menino. I'm a pulmonary physician at University of Kentucky. I'm also a professor of the College of Public Health, and I, I was also a co-author of the, uh, 2006 Surgeon General's, uh, report on secondhand smoke. And, and I would, would also like to strongly support, uh, acceptance of the, uh, change in these ordinance to strengthen, um, uh, the ordinance to protect, uh, people in all workplaces and in, in public places. And, and certainly, I think this council made a very courageous, uh, decision four years ago, uh, to pass, uh, uh, the initial ordinance. And, and over time, we have learned that there are these loopholes in it that I think need to be removed and this needs to be strengthened. Uh, I worked with, uh, some researchers at University of Kentucky analyzing what happened after the first ordinance was passed. In fact, uh, we were able to demonstrate, for example, some real health benefits. For example, asthma emergency room visits, uh, that you would expect to be affected by, uh, r- restricting smoking were reduced by about 20% when you looked at the time period following, uh, uh, the ban compared to the time period, uh, before the ban was passed. Uh, although the... and, and I think there, there's still some additional room for improvement, and I, I strongly encourage, uh, th- the, the acceptance of these, um, changes to the ordinance. Thank you. Thank you very much, Doctor. Mr. Wright, if you'll step forward. The next speaker, um, Ms. Stanhope, I'd appreciate your standing by. Good evening, everyone. My name is Jerry Wright. I'm an attorney. Um, my address is 148 North Broadway. I represent a group of charities that provide bingo at Eastland Shopping Center. Um, I wanna address two issues with you tonight, if I could please. First is money. Our people donate their time to raise money for extracurricular activities at the schools. It is impossible, and I repeat, it is impossible to sell enough candy bars and fruit to equal the money brought in by bingo. What most of you probably don't know is that the bingo charities are regulated by Kentucky Revised Statute. Each charity, by law, must have a 40% profit or they stand to lose their license. Quite frankly, if smoking is stopped at bingo, here's what's gonna happen. The players, the bingo players, they're gonna leave. Their money's gonna go with them. The profits that the charities make are going to fall. The charities are gonna lose their license, and the money for the activity is gonna stop. It's not gonna just slow down. It's going to stop. Okay. Now, how do you replace this? I've come before this council before and asked you, "How do you replace this money?" and nobody has an answer for that. You can't pay for it. The school system can't pay for it. So very simply what happens is the money dries up. The school system's activities suffer. The second thing I want to bring up is litigation. I have been involved in this litigation from the very beginning. The issue of whether the charities are private organizations has been litigated at the Fayette District Court. It's been litigated at the Fayette Circuit Court twice, and it's been litigated at the Kentucky Court of Appeals. During that same time period, this council, on at least one occasion and maybe two, reviewed the ordinance and did not make any changes to it. Coincidentally, after you lose in court, now all of a sudden, the ordinance needs to be changed, especially as it pertains to private organizations. This change to the private organization definition, in my opinion, is being done merely to attack the bingo charities themselves. That's where that private organization definition fits, and they -- those are the individuals that are being attacked by that change. In my opinion, that is special legislation. Special legislation then leads to selective prosecution. I would suggest to you that before you do this, that you confer with your county attorney here in Lexington and with your law department if you haven't already done so. Because I can assure you, from our standpoint, that if this change is made, this will be the next legal battle before the courts as it pertains to the smoking ban. Thank you for your time. Thank you very much, Mr. Wright. Ms. Stanhope, if you will come forward, and Lindsay Sugarman, if you would stand by, please. Ms. Sugarman. Thank you very much. Marcia Stanhope. I am the, uh, current chair of the Lexington-Fayette County Board of Health, and I'm here to represent myself and the Board of Health members. Five years ago, Lexington became Kentucky's leader in smoke-free legislation by becoming the first city to adopt an ordinance preventing smoking in public places, including restaurants. When it took effect a year later, in 2004, the law proved to be the state's gold standard, but time has revealed a few loopholes and admissions that prevent all of our city's residents from being protected. Councilman David Stephens, a noted physician and leading proponent of the smoke-free law, is pushing to strengthen our city's existing ordinance. Dr. Stephens realizes that all workers deserve to breathe clean air and shouldn't have to choose between their lives and their livelihoods. This, of course, should also include all parents and children who work bingo halls in an effort to raise money for booster clubs. Lexington's law as written has helped improve the health of the community. A recent report showed a 22% decline in asthma-related emergency room visits since the law took effect, and while we certainly embrace those numbers, we know they could be even better if our urban county councilmembers extend the law to protect all of Lexington's residents. The smoking ordinance is the single most important thing the Urban County Council can do to improve the health of the community. The Lexington-Fayette County Board of Health gives its full support to Dr. Stephens' efforts in trying to strengthen the smoking ordinance to better protect all of Lexington-Fayette County's residents. While the existing ordinance is good, Dr. Stephens' proposed changes make it better hel- a healthier option for our community. We hope the rest of the council will support these changes, and the Board of Health urges you to pass this revised ordinance. For many years, we have looked at, uh, categories of death, leading causes of death in the United States as heart disease, cancer, and stroke. We know the reality is that those leading causes are smoking, excessive drinking, and, uh, either under or overnutrition. We can, uh, control, uh, these things in our lives, and as we look at smoking, we know that smoking directly affects the health of the individual as well as all of those individuals who are surrounded by and exposed to the smoke from the smoker. While we cannot eliminate smoking totally, we can eliminate the exposure to smoking. And we can especially eliminate it in environments where people gather for work and to do business, to play, to be educated, to engage in recreation, and to engage in fundraising. Thank you very much. Thank you very much. Ms. Sugarman, if you'd be stepping forward, and Mr. Gaab, if you would stand by, please. Hi, um, I'm Lindsay Sugarman, 138 Tahoma Road, and I'm the administrator of the Mayor's Alliance on Substance Abuse and the Fayette County Agency for Substance Abuse Policy. But more importantly, I'm the parent of two teenagers, and I have served as a bingo volunteer. I know firsthand the challenges that face these groups. I know how -- how hard it is, but I also have experienced the oppressive smoke that fills those bingo halls. And actually, I think we all agree that the bingo halls are a health threat. The big question is, what is the impact on the fundraising? Will strengthening the laws cause a decrease in funding for extracurricula- curricular activities that really are very important to our young people? Now I wouldn't be standing here today if I thought there was gonna be a bad impact, because I've been there, and I know that there are people that cannot afford the fees that would be incurred if we didn't have the fundraising, and I agree that bingo is the best fundraiser we have. But I think that we have to look at the whole picture. And fortunately, a recent study by -- of 13 Kentucky communities shows that the bingo and charitable gaming revenues have not declined when smoke-free laws were implemented. So there's no evidence that bingo would lose money, except maybe with the state of the economy, how we're all losing money. But, you know, this may be counterintuitive, and that's why we do research, because we don't make decisions based on what we fear will happen. We base decisions on what the historical evidence is. Now I'll admit that when I was doing bingo, I saw the numbers go down when we first i- implemented the, the smoke-free ordinance, but we didn't keep -- we didn't enforce it for long at all, so we didn't see what the long-range impact is gonna be. I believe that people will get used to the change, and they'll come back. Such was the case in Georgetown, our neighboring community. They enacted laws, people we- people didn't come t- right away, but they came back. These bingo players are a very dedicated group. Smoke-free bingo is not going to keep them away, trust me. Fayette County is surrounded by communities with fo- smoke-free laws. Georgetown, Madison County, Woodford County, Clark County. We won't be losing bingo players to these communities. No one likes change, but people adjust. They won't stay away. And it may even encourage some new players to come, and I know it will include- e- encourage new volunteers to come out. The smokers can still smoke on the break, and the pull tabs can be sold inside and outside. So it's really a win-win situation. The only difference is that the volunteers and the bingo players will have a healthier atmosphere inside the hall. Bingo will thrive, and everyone will breathe easier. Please pass this ordinance. Thank you. Thank you, Ms. Sugarman. Mr. Gaab, if you'll step forward, and the next speaker I have is Ca- Carmen Cassidy, I believe. If you- you don't wish to speak, all right. Um, then is it Roland Berger? Mr. Berger, if you'd stand by. Mr. Gaab. Thank you, Mr. Mayor, member of councils. I'm Michael Gaab, the Executive Director of Blue Grass Airport, and I'd like to start off by saying that Blue Grass Airport was one of the early supporters of the, of the smoking ordinance that you passed some time ago. And as we were going through that process, uh, the airport looked for solutions, looked cooperative- cooperatively for solutions to accommodate our segment of customers that do in fact smoke. Over those years, we worked with some of the best design consultants in the business and have implemented, have constructed, and are using smoking lounges, four of which are at the airport. Two are operating to our standards, two are not, one in the public area. Uh, the three smoking lounges that operate beyond the security checkpoint are available only to traveling customers. We've made sure that there's no reason to go in that smoking lounge other than to smoke. Um, to give you an example, 'cause we talked about this issue last, one of the issues that the airport has is going through the TSA security checkpoint, once the passenger's through the checkpoint, they have very few options, uh, as it relates to smoking. Give you an example. On, uh, I believe it was October 15th, Continental Air- Continental Airlines' last flight of the day going to Houston was delayed because of a- a mechanical. That flight was scheduled to leave at 6:32 PM. At approximately 8:00 PM, the mechanical situation was cleared up and Continental announced that they had a, uh, an ATC delay, an air traffic control delay of approximately two hours. About the same time, TSA announced that they were closing the checkpoint, as they do every night. They don't stay open for delayed, uh, delayed flights. This left those customers with no option but to seek out one of the smoking lounges, and in fact, three of the, three of the customers, three of the passengers that were on that flight spent time in the smoking lounge. Leaving the area was not an option for them. Once they got past, uh, through the revolving doors, there was no way for them to be re-screened to enter that area. The airport's gone- gone to great lengths to make sure that our construction segregates the smokers from the non-smokers. Uh, we- John Sloan is here, our Director of Planning and Development, to address some of the, uh, uh, some of the mechanical issues, the construction issues. Uh, we also have, uh, Steve Rochelle here this evening to address some of the, some of the legal issues or, um, um, some of the cooperative solutions that may exist for us to achieve your goal and to achieve the airport's goal of accommodating this segment of our, of our guests. Thank you. Thank you very much, Mr. Gaab. Um, Mr. Berger, if you would step forward, and then, um, Annette Little, Ms. Little, if you would, uh, stand by please. Mr. Berger. Mr. Mayor, members of the council, I'm Orlando Berger. I'm a physician, a lung specialist. I've lived in Kentucky for almost 30 some odd years, practiced here all- all this time. My wife is from Bath County. My children are born and raised here. They, my daughter play a band in, uh, Bryan Station. We went to bingo. Uh, I wanted to make just two points, and I want to repeat what everybody else has said. But, uh, 30 years of research and experience on this has titled one thing we didn't know 30 years ago. There is no amount of secondhand smoke that is safe. Any amount can be harmful to an individual. Susceptibilities vary from person to person. We have not developed a way to predict or measure the degree of susceptibility of an individual. Children are markedly more susceptible than adults. Claiming that, uh, some people will not be affected will be akin of me having a gun with six shots, putting only one here, spinning the barrel, and pointing to the room and pulling the trigger. Odds are five to one nothing will happen. Will anybody allow me to do that? I think not. Th- that's allowing smoking in a public space where children and adults are exposing voluntarily to se- secondhand smoke is playing Russian roulette with their health. We're betting that somebody will not get sick, somebody will not get a heart attack, somebody will not get, eh, lung disease. I don't want anybody taking those kind of chances with my health. I'm pretty sure you don't want that with your health either. There is no punitive measure in this. There is no attack to anybody. There is no attempt to oppress the smokers or denying their rights, but the rights of a person to extend their hand ends where the chin of the neighbor starts. You- you can't do whatever you want to do when you put other people at risk. You have to regulate it. And m- I strongly encourage you to pass this ordinance. It is a matter of health, and ah, it's a matter of the wellbeing of our state, our children, and it's a simple, commonsense decision. This is not safe. There is no level to do this safely. It shouldn't be done. It's like driving drunk. There is no way to do it safely. Thank you. Thank you very much, Mr. Berger. Ms. Little, if you'll step forward, and then uh, Brendan Zahn, if you would stand by, please. I would, uh, let everyone know these are the last names I currently have that have registered to speak. Th- there's one more sheet, I am now advised, so if you'll bring that forward, we'll be ready to go. Ms. Little? Um, my name is Venette Little. Um, I'm an internal medicine physician, and um, I live here in Lexington. I'm going to be brief because I think many people have made, uh, very good comments this evening. Um, I think that we should also consider that, uh, an incomplete ordinance does not do the job that we want it to do in terms of protecting the public health, um, and as we know, that the burden of disease in this state is quite high. Um, it has far-reaching implications with regards to the economy, the, uh, the- the status of our healthcare system, the burden upon which we will have to, uh, bear because of- of, uh, patients who are being exposed to secondhand smoke and are therefore developing diseases, um, that they themselves did not wish upon themselves. Um, we cannot and would not seek to, um, revoke the right of anyone who wants to expose themselves to the toxic chemicals in cigarettes to do that in the privacy of their own home, but we would like to make it safe for all those who do not wish to be exposed. Uh, even in the airport, um, uh, smoking rooms, someone has to clean those rooms. Those toxins remain in the air. Um, there's no way to, uh, keep those people safe, um, and people are very adaptable. They will do what they have to do in order to function. Um, people in the workplace have learned how to cope with not smoking in the workplace, and likewise, people who travel will learn to cope without smoking while they travel. Thank you. Thank you, Dr. Little. Um, Mr. Zahn, if you would step forward. The next person I have is Carol Riker. Ms. Riker, are you present? If you would stand by, please. Mr. Zahn? My name's Brendan Zahn. Um, I live at 3324 Crown Crest Road. Um, as a teenager in high school, I enjoyed playing my French horn for a nationally ranked h- uh, high school marching band. It was one of the highlights of my high school career. In order to travel and compete nationally and statewide, we would have to... it was critical to raise funds, um, and that was mainly through bingo halls as mentioned here in Lexington. And in order to stay such an accomplished mu- musician, I would practice daily, even nights after a four-hour shift, in the smoke-filled bingo halls. Immediately, I would notice difficulties with breathing, keeping up with music phrases, and maintaining stamina to make it to the next note would become very difficult and frustrating. In fact, I would have to wait until the next evening before I could even feel stable enough to breathe normally to practice. Um, but little did I know at that time the damaging short-term effects of secondhand smoke on my body. In addition to the acute respiratory, um, irritation, the respir- respirable particles from secondhand smoke and its 250 toxic chemicals can lead to the following detrimental short-term heart effects. As little as five minutes of exposure stiffens the aorta, as much as smoking one cigarette. 20 minutes of exposure can cause e- excess blood clotting, increasing the risk of heart attacks and strokes. 30 minutes increases the buildup of fat deposits in the blood vessels, also contributing to heart attacks and strokes. In addition, two hours of exposure increases the chance of irregular heartbeats that can be fatal, and again trigger heart attacks. Now, as an adult, I am graduating UK's nursing program and starting my career in the cardiothoracic intensive care unit. I see the consequences of these effects, and the outcomes are not pleasing. Although advancement in medical technology has led to promising treatments, it does not negate the importance of prevention, medicine's number one tool to keeping people healthy and out of the hospital. Everyone in this room today needs to know the destructive but preventable effects of secondhand smoke on the heart. I do not want to see any booster club members, volunteers, students, children, or travelers at the airports, or workers in these organizations exposed to such harmful chemicals in our air and winding up ventilated in a bed on the CTICU. Everyone deserves to breathe clean air. Thank you. Thank you very much, Mr. Zahn. Ms. Riker, if you will step forward. Next person, uh, on the list is John Sloan. Mr. Sloan, if you'd stand by. Thank you. Carol Riker, 2714 Stetson Lane, and I'm a faculty associate with the Kentucky Center for Smoke Free Policy. Um, I want to address, uh, some things that we've learned about smoking rooms. And that is that generally, they don't work. We have, um, a classic study from Louisville during their par- uh, when they had their partial law, before they passed their comprehensive law, where we studied the air quality in an establishment that had a separately ventilated smoking room. And inside the, uh, smoking room and, and the rest of the establishment, the, the, um, indoor air pollution was virtually the same. So generally, these rooms do not work. Generally, they have high levels of air pollution, and people will have to go in and clean them and be exposed to that air pollution. Um, so I think perhaps we should think about other ways of accommodating travelers. For example, um, we could, they could take a page from the hospital, a smoke tobacco-free collaboratives, um, with our local hospitals where we are intending to provide access to NRT, which I believe probably most smokers use for transcontinental flights, et cetera, to keep themselves comfortable. So this could be provided behind the safety checkpoints if, um, if they want to accommodate and care about their customers. Um, just to remind you all, um, the surgeon general has said there is no safe level of secondhand smoke, so every worker and the traveling public do deserve to breathe smoke-free air. Thank you. Thank you very much, Ms. Riker. Mr. Sloan, if you'd step forward, and then, uh, Mr. Harriman, David Harriman, if you would, uh, stand by. Hi, hi. I'm John Sloan, Director of Planning and Development at Bluegrass Airport, and I will, would like to briefly, uh, summarize the testing that has been done of our lounges, our four smoking lounges at the airport. We were approached by Dr. Ellen Hahn of UK College of Nursing and the Clean Air, uh, Indoor Partnership, who performed, um, testing outside, inside and outside of all four of our smoking lounges over a 15-hour period on four separate days. They, um, were primarily concerned with was, if there was any leakage at all from the lounges. Uh, and as such, they, uh, placed their meters, which measured fine particulate matter, uh, eight to 12 inches from the doors. Um, the four lounges, uh, one, uh, in the public side of the airport chec- directly across from the airline ticket counters, approximately 70 smokers were recorded during the, that entire day. Uh, we did have one exceedance of the national in- outdoor, uh, national air quality standard for outdoor air, which is 35 micrograms per cubic meter of 39, which does not appear to be associated with a peak in smoking activity inside the room. Uh, the three lounges on the secure side of the airport, uh, Concourse B, the newest of the, uh, all four lounges, which was built when Concourse B was constructed, uh, approximately 140 smokers were recorded during that 15-hour period. There was no, uh, temporal association of, of, uh, presence of secondhand smoke outside of that lounge during that day, uh, even though that is the he- most heavily used lounge at the airport. Uh, and again, the highest recorded reading, uh, outside the lounge f- during that day was 22 micrograms per cubic meter. Uh, in the executive lounge, which is also on the secure side of the airport, uh, probably one of our least used lounges, but it is, um, utilized by our premium customers, those who belong to airline business clubs, um, and our club, Club at the Bluegrass. Only 13 smokers were recorded in that room. Um, although there was some, uh, a temporal association of leakage outside the room when the smokers were in the room, there were no exceedances of the 35 microgram per meter national air quality standard for outdoor air. In Concourse A, uh, which is utilized primarily by the TSA employees and, uh, a few passengers, although there are... there are no airline activities currently operating out of Concourse A, uh, this lounge was probably the one that operates the least effectively for us. There were four exceedances of the 35 microgram per cubic meter during that lounge. And then, um, we also, um, had the, um, OSHA run an air quality survey, and OSHA's results were that there were no exceedances of the, um, air quality standards that they set. In fact, the carbon dioxide levels, which they measure outside of our smoking lounges, were approximately half of what an acceptable range would be. Thank you, Mr. Sloan. Mr. Harriman, if you'll step forward. Mr. Rochelle, if you'll stand by, please. Good evening, uh, Mayor and Council Members. Uh, my name is David Harriman. I live at 1053 Albert Lane. Uh, my issue is primarily an issue of liberty and freedom. And, uh, I would just like to ask each council member, as you consider this, uh, this law, that you, you consider what, where we are gonna draw the line. Where is it that we are gonna finally say, "This is where government doesn't intervene in our lives anymore, and here's where it does"? Uh, what I, I, I would like each of you to ask, what is the role of government? I, I admit, smoking is dangerous. I don't think anybody really doesn't think that's true. But what is your role in... ... protecting us out in the public from that. I- I- if your role is to protect us from every danger there is, then we're gonna lose all our liberty, because then you get to tell us exactly how we live, what we eat, what we drink. And we could, we could take this to the extreme. I'm sure that automobiles, uh, create a much bigger hazard than cigarettes do and secondhand smoke. And as the gentleman referred to the revolver and spinning it on the secondhand smoke issue, if it came down to freedom, I would say, "Let's spin that revolver and let's pre- let's maintain our freedom and let's limit where government gets involved in our privacy and our civil rights." So I'm, I'm asking you to think about what Benjamin Franklin said, which was, "He who would give up any of his liberty for the sake of safety, deserves neither." And what he meant by that was is freedom and liberty is a risk, and it is well worth the risk. Thank you. Thank you, Mr. Harriman. Mr. Rochelle, if you'll step forward, and Mr. Lane, Bruce Lane, if you will stand by, please. Thank you, Mr. Mayor, members of the council. I am Steve Rochelle. I represent the airport authority in this matter. Um, I'm with the law firm of Stites & Harbison. I wa- I was been asked by the airport to express to you Stites & Harbison's legal opinion as to whether or not you can have an exception for the airport. We believe that you can, and I'll go through that briefly in just a moment. It's interesting to me that four years ago when you all adopted this ordinance, you did not regulate your, your subdivision, if you will, of the airport. You elected not to do that. And what did your subdivision do? I submit to you they've been the most responsible, uh, public entity that wasn't regulated in the entire community. You've heard d- you've h- heard described today, um, that we've had the smoking rooms for quite somewhat... for quite a while since the ordinance was adopted. May have had it before then, I do not know. You've heard that, that the air quality has, is... has not been materially impacted by the use of the smoking rooms. Um, and I think, I think that says a lot for the airport, because what... Um, we believe if you can carve out an exception, you should carve out an exception, because please remember, we have one airport in this community, commercial airport. We... In probably 16 or 17, uh, contiguous counties it's used. It serves the public, not only the non-smokers and the skinny people, um, but it also serves, um, smokers, uh, overweight people, a diverse community. And we're trying to provide that service to everyone. Now, we are not here to advocate smoking, certainly not. But we here... we are here to tell you that you have the authority to carve out an exception for the airport based upon the following. Number one, you do not have to regulate the airport at, at all. And I think by their evidence today, they have been very good stewards of the air quality at the airport. Now, there has been a statute change, uh, and you may choose, uh, to regulate the airport. Uh, and you may... Um, and th- the, the issue that was brought to me today is, the law department here is saying, "We have to treat you just like everyone else." We disagree with that. The new statute says that you may regulate any building. It doesn't say you shall or must regulate all buildings at once. And we would ask t- you to look to that exception. Um, we are unique. We serve a div- diverse community. And with the TSA delays and the waiting delays and, and then the, the occasional breakdowns and being on the planes, you're talking many hours for people who unfortunately are addicted to tobacco, and when you're addicted to something and y- and you don't have that, then you become edgy and you don't become the best passenger in the world. We would like to discuss this further with your law department, but we would most certainly want you to know and recognize that you do have the power to grant an exception to the airport and to regulate the airport, uh, from this dais. Thank you. Thank you, Mr. Rochelle. Mr. Lane, if you'd step forward. I only have one other person who signed up to speak, that's Ms. Miller, Margaret Miller. If anyone else wishes to address the council, please, uh, sign up with Mr. Green. Mr. Lane? Thank you. Name's Bruce Lane, and, uh, first of all, I don't smoke. I've never smoked. Nobody in my family smokes. I don't own a business that would be adversely impacted by this. But, uh, I'm here tonight because as much as I don't like smoke, I dislike tyranny even more, and I think there are some serious liberty issues at stake here. Uh, there are two primary issues, I think, individual rights and property rights. And I'm sure you've been through this four years ago, but I think it, it deserves your attention. Property rights. Somebody owns a piece of property, what does that mean? They should be able to do what they want on that property as long as it doesn't adversely affect anybody else. It seems unfair to me that a business wouldn't be allowed to enable smoking on their property for themselves, anyone who wishes to participate. People are free to choose. Individual rights. It's... I don't think it's right for a council to tell people, individuals, "You can't smoke because we don't think it's good for you." There are a lot of health risks with smoking. Nobody denies that. But at the same time, there are health risks with a lot of things we do. I don't get enough exercise. I should. Are you gonna make me exercise regularly? What about eating vegetables? I mean, where does this end? It's a very slippery slope. This country's not a democracy for a good reason. Our founding documents were designed to prevent a tyranny of the majority. The Kentucky Constitution, our Bill of Rights, addresses this particular issue in Section 2, Absolute and Arbitrary Power Denied, in which it states that, "Absolute and arbitrary power over the lives, liberty and property of freemen exists nowhere in a republic, not even in the largest majority." Basically, to me that means the tyranny of the majority, not everybody can decide for the few. Certainly people have the right to breathe clean air, but I think no place in Lexington is that, is that a problem right now. I really don't see this as an issue. Perhaps in the '50s it was, but I don't, I don't feel the... I'm unable to avoid cigarette smoke at any time should I so choose. So really all I'm asking you is that, uh, please before passing any new law, ask yourself if it violates our United States Constitution or our Kentucky Constitution. I urge you to adhere to the letter of the law, as well as the intent of the Kentucky Bill of Rights, because if this is not absolute and arbitrary power over the lives, liberty and property of a free people, then I don't know what is. Thank you. Thank you, Mr. Lane. Ms. Miller, if you'd step forward. Does anyone else wish to address the Council? If you'd stand by please. Thank you, Mr. Mayor, Council members. I'm need to make just one sort of technical point. Uh, earlier this evening as, uh, the first reading was occurring, I noted that there was an error in the draft or in the proposed ordinance, um, and I apologize that I didn't catch this sooner, but, uh, I wanna call it to your attention and ask that this mistake please be corrected. Section 1498(4) of the proposed ordinance, uh, mentions that the Lexington-Fayette Urban County Government Council can adopt a written policy pursuant to KRS 61.165(3), section one or two. That is an error and again, I apologize, but it should read section 3A or B. Uh, so I just, I'm not quite sure the proper procedure to bring that to your attention and, and get that mistake corrected, but there is an error there. Oh, we changed that earlier. Sir? That was changed earlier. Section 3, it now says 3A or B? Yes. Okay. Well, I'm sorry. Then the prov- section I had had, still has 3A- Right. ... one or two. Sorry. All right. All right. Thank you. Thank you, Ms. Miller, Ms. Hahn. Does anyone else wish to address the Council this evening? Ms. Hahn, you'll be our last speaker. Sure. Good evening, Mayor, Council members. Ellen Hahn, live at 18- 1844 Blair Moore Court in Lexington. I wanted to address, uh, Mr. Sloan's report, uh, of our report. Uh, we did do an air quality report in the Bluegrass Airport and presented it to the airport on October 6th, 2000, 2008. Uh, we did find that the fine particle air concentration in the smoking, inside the smoking rooms was significantly higher than the outdoor air standard. I might tell you that there is not an indoor standard. Uh, Mr. Sloan referred to OSHA, uh, who did another assessment. OSHA is not the authority on indoor air. In fact, they defer authority to the EPA, Environmental Protection Agency, and to ASHRAE, which is the Association for Heating and Refrigeration, uh, Professionals. And so, um, OSHA, uh, does not test fine particulates like, like, uh, we have done. Um, he also said that, um, the secondhand smoke did not leak in that room that wa- that, where you go immediately outside security, and it did. We found significant leakage of particulate matter in, in three of the four rooms in the airport. Um, we did find also that, um, there were very few room, smokers in those rooms. We were there for 15 hours, uh, on average in all four of those rooms, and there were very, during those four days, there were very few smokers there. And so I guess what I'm arguing is that we're serving a very few while putting many workers and patrons at risk of exposure. I also want to tell you that we've, um, done a literature review on all of the studies we could find on these kinds of rooms, and we found a few things that I think are important to note. One is these rooms need to be maintained, uh, carefully over time, meaning that people need to get in there, change the filters, um, make sure those ventilation systems are working, um, and it costs money to do that. And also that the longer they're in place, the more they leak. He was correct that the one in Terminal B, we did not see a, a significant am- we didn't see leakage in that room, and, and that's what we did find. We did find significant leakage in the other three however, um, and th- that wa- that's the newest one, the one in, um, in B is the newest one, the Terminal B. Um, I'm, I'm sorry, Concourse B. Um, and the, and also, um, we have to remember that the maintenance, uh, was deemed adequate. They had the maintenance folks look at those rooms before we went in and they deemed them adequate. And so we found leakage under the best conditions, okay? And that, so I guess that's my major point to make today. Um, and that's all I have to say. Thank you. Thank you very much. Let me, uh, express appreciation to all of you for being here tonight and for being interested enough in your community to come and share your views with me, with us all. Um, we will, uh, certainly be glad to receive any written comments that you might have as well. If there's no further business, a motion to adjourn would be in order. I have a motion by Council Member Meyers and a second by Council Member Blevins that we adjourn. All in favor, please say aye. All opposed, no. Motion carries. Thank you very much.