# Urban County Council Meeting - November 6, 2008 > Auto-transcribed civic record · Council · November 6, 2008 - **Permalink**: https://meetings.lexingtonky.news/meeting/646 - **Source video**: https://lfucg.granicus.com/player/clip/646?view_id=14&redirect=true - **Date**: 2008-11-06 - **Body**: Council - **Last revised**: June 17, 2026 - **Length**: 9,794 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 featured 4 agenda items, all of which were approved, covering a range of land use and public health matters. These included two zone change requests — one from Single Family Residential to Professional Office and another from Planned Neighborhood Residential to Neighborhood Business — as well as the establishment of a Neighborhood Design Character Overlay (ND-1) Zone and an amendment to the Code of Ordinances related to smoking indoors. The council heard 2 public comments during the meeting and took a total of 4 votes. No presentations were recorded in the meeting data. ## Attendance All 16 members were present at the June 24, 2025 Council meeting. No members were recorded as absent or late. **Present:** - Jim Newberry - Ellinger - Gorton - Gray - Henson - James - Lane - McChord - Myers - Stevens - Stinnett - Beard - Blevins - Blues - Crosbie - DeCamp ## Votes and Decisions All four roll call votes at the June 24, 2025 Council meeting passed unanimously. - **Ordinance 227-2008 – Neighborhood Design Character Overlay (ND-1) Zone** [timestamp: 0:13:21]: Motioned by Dr. Stevens, seconded by Mr. Myers. The ordinance adding a Neighborhood Design Character Overlay (ND-1) Zone passed 14–0. Voting in favor: Ellinger, Gorton, Gray, Henson, James, Lane, McChord, Myers, Stevens, Stinnett, Beard, Blevins, Blues, and DeCamp. Note: restrictions established under this ordinance may be modified or removed by the Planning Commission. - **Ordinance 227-2008 – Amendment to Section 14-97 (Indoor Smoking)** [timestamp: 0:21:24]: Motioned by Dr. Stevens, seconded by Mr. Myers. The ordinance amending Section 14-97 of the Code of Ordinances related to smoking indoors passed 14–0. Voting in favor: Ellinger, Gorton, Gray, Henson, James, Lane, McChord, Myers, Stevens, Stinnett, Beard, Blevins, Blues, and DeCamp. - **Approval of Ordinances 1 through 11** [timestamp: 0:26:18]: Motioned by Dr. Stevens, seconded by Mr. Myers. The block approval of Ordinances 1 through 11 passed 14–0. Voting in favor: Ellinger, Gorton, Gray, Henson, James, Lane, McChord, Myers, Stevens, Stinnett, Beard, Blevins, Blues, and DeCamp. - **Approval of Resolutions 577-2008 through 616-2008** [timestamp: 0:33:48]: Motioned by Mr. Blues, seconded by Mr. McChord. The block approval of Resolutions 577-2008 through 616-2008 passed 15–0. Voting in favor: Ellinger, Gorton, Gray, Henson, James, Lane, McChord, Myers, Stevens, Stinnett, Beard, Blevins, Blues, Crosbie, and DeCamp. ## Budget and Financial Actions The Council approved five contracts spanning public infrastructure, public safety equipment, and fleet and utility needs. - **Cadentown Sanitary Sewer Project** (Resolution 577-2008): The Council authorized a contract with Schroeder Construction, Inc. in the amount of **$696,637.75** for the Cadentown sanitary sewer project, representing the largest single expenditure approved at this meeting. - **Helicopter Main Rotor Blades** (Resolution 578-2008): A contract of **$107,000.00** was approved with RJ Corman Aircraft Maintenance, LLC for the purchase of helicopter main rotor blades. - **Thermal Imaging System** (Resolution 580-2008): The Council approved a contract with Wysong Enterprises, Inc. totaling **$320,245.00** for a thermal imaging system. - **2009 Ford F450 Trucks** (Resolution 582-2008): A contract valued at **$55,146.00** was authorized with Bill Waits Countryside Ford for the purchase of 2009 Ford F450 trucks. - **Replacement Circuit Breakers – West Hickman** (Resolution 586-2008): The Council approved a contract with Graybar Electric in the amount of **$119,900.00** for replacement circuit breakers at the West Hickman facility. In total, the five contracts approved at this meeting represent combined expenditures of approximately **$1,298,928.75**. ## Public Comment Two members of the public addressed the Council during the public comment period. - **Bernard McCarthy** [timestamp: 1:03:31] spoke on the topics of impact fees and housing. McCarthy suggested that developers should be charged impact fees on a countywide basis. He also emphasized that policy efforts should prioritize subsidizing home ownership for low-income residents rather than rental housing. - **Mr. Cobb** [timestamp: 1:06:22] spoke on the topics of Black leadership and community cooperation in Lexington. Cobb urged respect and support for the Black community and stressed the importance of Black leadership and cooperative engagement within the city. ## Contested Items **Neighborhood Design Character Overlay (ND-1) Zone** The Council addressed one contested item at the June 24, 2025 meeting involving the Neighborhood Design Character Overlay (ND-1) Zone ordinance, which drew community opposition. The disagreement centered on the ordinance's provisions, with objectors and proponents ultimately reaching an agreement on a key modification. To resolve the dispute, the ordinance was amended to allow the Planning Commission to modify or remove restrictions without requiring full Council action. This change was agreed upon by both the objecting and supporting parties, allowing the ordinance to move forward with the compromise language in place. ## Zone Change from Single Family Residential to Professional Office [timestamp: 12:20] The Council considered an ordinance to rezone the property located at **223 Pasadena Drive** from a **Single Family Residential (R-1C)** zone to a **Professional Office (P-1)** zone. The structured data available for this agenda item does not include details on specific speakers, presentations, debate, or concerns raised during the discussion. No key speakers were recorded in the meeting data for this item. The Council ultimately **approved** the ordinance. ## Zone change from Planned Neighborhood Residential to Neighborhood Business [timestamp: 12:50] The Council considered an ordinance to rezone the property located at **3380 Tates Creek Road** from a **Planned Neighborhood Residential (R-3)** zone to a **Neighborhood Business (B-1)** zone. The structured meeting data does not identify specific speakers who presented or debated this item, and no concerns or notable points of discussion are recorded in the available materials. - **Property address:** 3380 Tates Creek Road - **Current zoning:** Planned Neighborhood Residential (R-3) - **Proposed zoning:** Neighborhood Business (B-1) - **Outcome:** The ordinance was **approved**. ## Neighborhood Design Character Overlay (ND-1) Zone [timestamp: 13:21] The Council considered an ordinance to add a Neighborhood Design Character Overlay (ND-1) Zone to the municipal code, applicable to various properties, with the stated purpose of preserving existing neighborhood character. Dr. Stevens served as the key presenter on this agenda item. The ordinance was identified as Agenda Item 3. The Council approved the ordinance. *Note: The available data for this agenda item is limited. Specific details regarding the substance of Dr. Stevens' presentation, any concerns raised by Council members, the scope of properties affected, and the nature of the debate or deliberation are not captured in the source material for this summary.* ## Amendment to Code of Ordinances related to smoking indoors [timestamp: 21:24] The Council took up Agenda Item 4, an ordinance amending various sections of the Code of Ordinances related to smoking indoors, including updates to definitions and exceptions within the existing regulatory framework. **Key Speakers:** - Mr. Lane - Mr. Steve Ruschell The item was presented to the Council with Mr. Lane and Mr. Steve Ruschell identified as the key participants in the discussion. The ordinance proposed amendments to multiple sections of the Code of Ordinances, addressing how indoor smoking is defined and regulated, as well as clarifying or modifying the exceptions that apply under the code. **Outcome:** The ordinance was **approved** by the Council. *Note: Detailed debate points, specific concerns raised, and the precise nature of the definitional and exception changes discussed are not available in the source data for this item.* --- ## Decisions - **Ordinance 227-2008** — passed (14-0): Adding a Neighborhood Design Character Overlay (ND-1) Zone - **Ordinance 227-2008** — passed (14-0): Amending Section 14-97 of the Code of Ordinances related to smoking indoors - **Motion** — passed (14-0): Approval of Ordinances 1 through 11 - **Motion** — passed (15-0): Approval of Resolutions 577-2008 through 616-2008 --- ## Full transcript There's a saying old, says that love is blind. Still we're often told, "Seek and ye shall find." So I'm going to seek a certain girl I've had in mind. Looking everywhere, haven't found her yet. She's the big affair I cannot forget. Only girl I ever think of with regret. I'd like to add my initial to her monogram. Tell me, where is the shepherd for this lost lamb? There's a somebody I'm longing to see. I hope that she turns out to be someone who'll watch over me. I'm a little lamb who's lost in the wood. I know I could always be good to one who'll watch over me. Although I may not be the man some girls think of as handsome, to her heart I'll carry the key. Won't you tell her please to put on some speed? Follow my lead, oh, how I need someone to watch over me. She may be far. She may be nearby. I'm promising hereby. To my heart, she'll carry the key. Once you tell her, all her love I will save. I'll be her slave. Oh, how I crave. Someone to watch over me. Someone to watch over me. Let's go ahead and call the meeting to order if we could, please. Madam Clerk, will you call the roll? Mr. Ellinger. Here. Ms. Gorton. Here. Mr. Gray. Here. Ms. Henson. Here. Ms. James. Here. Mr. Lane. Here. Mr. McCord. Here. Mr. Myers. Here. Dr. Stephens. Present. Mr. Stennet. Yes, ma'am. Mr. Beard. Present. Mr. Blevins. Here. Mr. Blues. Here. Miss Crosby. And Mr. DeCamp. Here. Thank you. Thank you very much. We have a quorum present. That being the case, we will proceed with the agenda. It's my pleasure to welcome to the podium, Chaplain Gerard Howard... Howell from, uh, the Division of Corrections. Chaplain Howell, welcome. Thank you. Let us pray. Creator of all things, your imagination splashes the season in Kentucky with colors that are not only pleasing to the eye, but that touch the emotions of our souls. In the same manner, you bring together in this city council in the room, people of different personalities, life goals, intentions, passions, compassions, and worldviews. Tonight, red, purple, green, black, orange, yellow, browns, colors uniform, variegated, spotted, dappled, and flecked, will process information, hear and discuss perspectives, and make decisions with the intention of giving clarity, purpose, and direction to our communities and our city. Give the presenters and the representatives of the people an openness to appreciate the colors of accent, as well as those that are complementary. Give them the brushes, so that as co-creators, they may paint a comprehensive picture. Give them the compassion for things, budgets, plans, with one thing in mind, it is always about people, the people who live in this community. It is the people who make this city appealing, attractive to the heart, as well as the eyes. Hear these words that are prayed and spoken in deep reverence. To the one whom we can know, and to the one we cannot fully know, amen. Thank you, Chaplain Howell. Before we, uh, begin the reading of the ordinances, uh, we welcome to the podium Council Member Jay McCord. Thank you, Mayor. I just wanted to introduce, uh, to the council, a, a constituent of mine, uh, Will Fister. Uh, Will is a freshman at Dunbar, uh, that had a, uh, a community service project and, and Will decided to go a little bit different route. Uh, he's kind of been listening to the, the mantra of recycle, recycle, recycle that we have been talking about. And, uh, Will kind of took it upon himself to go out into the community parks, uh, in the ninth district, a, a number of, of those parks with just a trash bag and, and, uh, a family member. And anytime there was anything that, uh, needed to be picked up, he just has picked it up. And, uh, it... This was, I guess, sparked a little bit by a class project, but, um, this is especially gratifying for me as Will's dad, uh, Shay Fister, who's in the audience tonight. Uh, Shay and I grew up together and graduated from high school together. And, uh, Will's mom and, and Shay and I all graduated from Lafayette in '86. And so it's really neat to see not only your constituents and their, and their children doing, uh, great things for the community, uh, but also your, your lifelong friends in this community. And, uh, as, as was mentioned by the chaplain, uh, it really is about people. And, uh, I'm, I'm very thrilled to introduce you to, uh, uh, to Will Fister. And, uh, would appreciate if you would join me in giving him a round of applause for his work. Thank you very much. Madam Clerk, if you'll give, uh, reading to those ordinances entitled A Second Reading. Ordinance number one, an ordinance changing the zone from a single family residential R1C zone to a professional office P1 zone for 0.2259 net, 0.2604 gross acre for property located at twen- 223 Pasadena Drive, John P. Elias. To, number two, an ordinance changing the zone from a planned neighborhood residential R3 zone to a neighborhood business B1 zone for 1.79 net, 3.66 gross acres for property located at 3380 Tates Creek Road, a portion of subject to certain use restrictions imposed as conditions of granting the zone change, Town Properties Asset Management Company. And there's a motion on number three? Uh, Mayor, I have a motion for number three. Uh, I move to amend ordinance, amend ordinance number three on the docket, creating an ND1 overlay zoned, specify that the restrictions being imposed can be modified or removed by action of the Planning Commission without action by the Council. This is not a material change and does not require new first reading. This was agreed upon during the proceedings before the Planning Commission by both the objectors and the proponents, and by the Planning Commission, and as a, um, as a impaired duck for the Fifth District, I would certainly endorse it also. Second. I have a motion by Council Member Stevens and a second by Council Member Gordon to, um, amend ordinance number three. Is there any discussion? All in favor, please say aye. Aye. Opposed, no? Motion carries. Madam Clerk. Ordinance number three is as amended. An ordinance adding a neighborhood design o- character overlay ND1 zone for thir- 134.50 plus or minus net, 171.77 plus or minus gross acres to reserve existing neighborhood character for properties located at 310 through 395 Andover Drive, 201 through 299 Cassidy Avenue, odd addresses only, 300 through 356 Cassidy Avenue, 125 through 250 Chennault Road, 309 through 539 Shenoy Road, 180 through 346 Cochran Road, 401 through 435 Cochran Road, odd addresses only, 130, 1394 through 1506 Cochran Road, 300 through 377 Colony Boulevard, 951 through 1245 Co- Cooper Drive, odd addresses only, 323 through 325 Cross Lane, 305 through five- 436 Dudley Road, 300 through 335 Duke Road, 340 through 360 Duke Road, even addresses only, 130 through 191 East Overdrive, 300 through 372 Garden Road, two oh hundred- 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 wh- 1405 through 1491 Tates Creek Road, odd addresses only, Urban County Planning Commission. Just his name for the record. Number four, an ordinance submitting section 22-5 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 five, an ordinance of authorizing and directing the mayor on behalf of the urban 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 the Community Development Block Grant Funds and appropriating funds pursuant to Schedule Number 70. Number six, an ordinance amending Section 14-97, Subsection One of the Code of Ordinances Related to Smoking Indoors to amend the definition of building to include structures with 40% or more of its perimeter permanently or temporarily enclosed, amending Section 14-97 2 of the Code of Ordinances Related to Smoking Indoors to amend the definition of dwelling to include building, amending Section 14-97 Subsection Three of the Code of Ordinances Related to Smoking Indoors to delete the definition for enclosed area and replace it with the definition for establishment and open to the public, amending Section 14-97 4 of the Code of Ordinances Related 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 Five of the Code of Ordinances Related to Smoking Indoors to amend the definition of real tobacco store, changing 50% to 25%, amending Section 14-97 Six of the Code of Ordinances Related to Smoking Indoors to amend the definition of smoking or of smoking to include burning or carrying of a tobacco product, amending Section 14-97 Seven of the Code of Ordinances Related to Smoking Indoors to delete the definition for tobacco warehouse and replace it with a definition for workplace in buildings o- or a portion thereof, amending Section 14-98 One of the Code of Ordinances Related to Smoking Indoors to prohibit smoking in an establishment, workplace, or in public transportation vehicles, amending Section 14-98 1A of the Code of Ordinances Related to Smoking Indoors to include a business within the dwelling, amending Section 14-98 1B of the Code of Ordinances Related to Smoking Indoors to delete the word in, add the word rental, and move the remainder of Section B to Section C, amending Section 14-98 1C Related to Smoking Indoors to allow for exceptions for treatment of nicotine addiction by licensed healthcare professionals, independently ventilated rooms in hospitals, hospice, or nursing homes. ... Amending Section 14-98-1of the Code of Ordinances Related to Smoking Indoors to allow an exception for a retail tobacco store; amending Section 14-98-1of 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 14-98-1of 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 14-98-1of the Code of Ordinances Related to Smoking Indoors in a tobacco warehouse; amending Section 14-98-2 of the Code of Ordinances Related to Smoking Indoors to include building or establishment; cre- 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 the 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 Relating 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 in establishments; and amending Section 14-99(4) of the Code of Ordinances Related to Smoking Indoors to replace the word dwelling 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 1400-1, uh, excuse me, 14-100(1)of the Code of Ordinances Related to Smoking Indoors to add smoking materials; amending Section 14-100(1)of the Code of Ordinances Related to Smoking Indoors to include all persons of contro- in control of a building or ror- workplace to demand persons who refuse to stop smoking to leave the premises; creating Section 14-100(1)(C) of the Code of Ordinances Relating to Smoking Indoors to allow refusal of services to persons who are smoking; creating Section 14-100(1)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 14-100(2) of the Code of Ordinances Related to Smoking Indoors to include building, establishment, or workplace; creating Section 14-100(3) of the Code of Ordinances Related to Smoking Indoors exempting buildings, 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 14-102(1)of the Code of Ordinances Related to Smoking Indoors to establish a one-year limit; amending Section 14-102(1)(c) of the Code of Ordinances Related to Smoking Indoors to establish a one-year limit; deleting Section 14-102(2) 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 or, for injunctive or other legal relief. Number seven. Uh, Mayor. An- Council Member Lane. Uh, thank you, Mayor. Uh, this evening, Steve Reichel of Stikes and Harson Law Firm is here on behalf of the Bluegrass Airport, and he would like to make a couple of comments on behalf of his client. Mr. Reichel. Thank you, Mr. Lane, members of the council. Um, you are... My name is Steve Reichel. Um, I represent the airport board. And you will recall at your last meeting, um, I spoke to you concerning what we believe is a special need for the airport, uh, for the safety of, of the traveling public. And also I spoke to you concerning certain legal issues. Um, since that meeting, two things have happened. I've cons- I have conferred with, uh, your Commissioner of Law Logan Askew, and we are now of the same mind on the legal issues. And so this evening, the airport board, uh, i- is not tendering to you an amendment, but rather telling you that we intend to proceed under the ordinance to ask for a special policy for the airport terminal, um, consistent with the terms of the letter that Mr. Gaub had hand-delivered to you on November 4th. Um, I hope that you each had opportunity to look at that, uh, w- and we hope that through the committee system, uh, and with working with the Department of Help, Health, we can come up with a, with an unlim- very limited exception to make your airport the safest that it can be, both in terms of providing outstanding air quality to everyone in the corridors, but also to take care of the traveling public, uh, who must smoke. Uh, we are in no way promoting smoking, but we believe to have the safest airport that we can, we need to have some limited outlet for these people. So Mr. Gaub wanted me to make you aware of this. Uh, we appreciate, uh, your time and your attentiveness, uh, to this matter. Thank you. Thank you, Mr. Reichel. There's nothing further. Madam Clerk. Ordinance Number Seven, an ordinance authorizing and directing the mayor on behalf of the Irvin 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 the acceptance of which obligates the Irvin 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 unencumbered funds within the grant budget. Number eight, an ordinance authorizing and directing the mayor on behalf of the Irving County Government to accept a grant from the U.S. Department of Justice which grant funds are in the amount of $119,587 federal funds under the State Criminal Alien Assistance Program are for reimbursement of costs related to the incarceration of undocumented criminal aliens, the acceptance of which does not obligate the Irving County Government for the expenditure of funds, appropriating funds pursuant to Schedule Number 73 and authorizing the mayor to transfer unencumbered funds within the grant budget. Number nine, an ordinance authorizing and directing the mayor on behalf of the Irving County Government to execute an agreement with Lexington Children's Theatre Incorporated for implementation of The Bully Show, an anti-gang juvenile outreach program at a cost not to exceed $6,779 and appropriating funds pursuant to Schedule Number 72. Number 10, an ordinance authorizing and directing the mayor on behalf of the Irving County Government to execute an amendment to the agreement with U.S. Geological Survey for the continuing and ongoing maintenance and operation of existing stream, flow, and precipitation gauges and authorizing acceptance of the sum of $7,800 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 Irving County Government and appropriating funds pursuant to Schedule Number 71. And number 11, an ordinance, an ordinance amending certain of the budgets of the City of Lexington and Fayette Urban County Government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds Schedule Number 68. And that is all. Mayor, I move approval of Ordinances 1 through 11. Second. Have a motion by Council Member Stevens and a second by Council Member Myers to approve those ordinances. Is there any discussion? Seeing none, we'll proceed to vote. Those in favor of those ordinances, please indicate by voting aye electronically. Those opposed, vote nay electronically. And Madam Clerk, would you please call the roll? Mr. Ellinger. Yes. Ms. Gordon. Aye. Mr. Gray. Yes. Ms. Henson. Yes. Ms. James. Yes. Mr. Lane. Yes. Mr. McCord. Yes. Mr. Meyers. Yes. Dr. Stephens. Aye. Mr. Stennet. Yes, ma'am. Mr. Beard. Aye. Mr. Blevins. Yes. Mr. Blues. Yes. Ms. Cros-- um, and Mr. Decamp. Yes. Thank you very much. Those ordinances are approved. Um, I think we're now ready to move on to the ordinances entitled to first reading. However, before you begin, Madam Clerk- Mm-hmm. ... uh, let me recognize Council Member Lane. Uh, thank you, Mayor. Uh, to the council members, I submitted a proposed amendment, uh, for this, uh, uh, motion, uh, that's on the docket, and you have the information on that. So I would like to go ahead and read the motion and put it on the... to, uh, modify the motion currently on the docket. And then, if, I guess, if there's any questions, I'd be happy to address them. I move to amend Section 1 of Item Number 12 under the First Reading Ordinances as follows: Number 1, Section 5-105, Paragraph , be amended to delete the last sentence and insert instead, "All assistance and payments from the relocation assistance program for tenants shall be made directly and only to vendors providing the foregoing services." Paragraph 2, Section 5-105, Paragraph (c), be amended by inserting after the first sentence, "The fair market value of any relocation assistance provided to a tenant by the owner and/or developer of the property on which, on which the relocating tenant resides shall also be an adjustment to any payment provided by the relocation assistant program t- for tenants." And three, Section 5-105 be amended by adding a new paragraph to state, "In order to be eligible for assistance, a tenant shall make application prior to moving from the property from which the tenant is being displaced." So moved. Second. Have a motion to amend, um, Ordinance Number 12 by Council Member Lane and a second by Council Member James. Uh, is there any discussion? Council Member James. Uh, yes, Mayor. I just wanted to say for those that were here on behalf of this ordinance, um, that I have reviewed this and this is not... uh, there's not any change. This is pretty much clarification. It's, it's really, um, I wrote down what it kind of, like it felt like when I read it. It was just basically over-empha- over-emphasis, um, to establish or explain the intent. So just to make comfort for... It was just clarification, that's it. Nothing substantial. Thank you. Is there any further discussion? Uh, let me make mention of the fact we have one person that has indicated a desire to speak on the Relocation Ordinance Assistance, uh, uh, Ordinance, uh, Adam Jones. Mr. Jones, if you'd like to address the council, now would be an appropriate time to come forward. If you could, uh, give us your address and, um, full name, then we'll... you'll have three minutes. Okay. Uh, my full name is Adam Dale Jones, and my address is 909 Summerhill Drive, Lexington, 40504. Um, first of all, uh, I'd like to thank the mayor and his staff and Linda Gordon and the planning committee and many others that worked on this ordinance, uh, for all the work that you've done. And, uh, on behalf of the BUILD organization tonight, just wanna thank you for that. Um- I am speaking to you on behalf of BUILD, Building a United Interfaith Lexington through Direct Action. We're composed of 21 congregations in the city, and we're here tonight in firm support of this ordinance, uh, for relocation assistance, and for the $50,000 budget amendment. Our journey here tonight began with Ingleside Mobile Home Park, as many of you may know. Um, through my congregation and through BUILD, uh, we developed a r- close relationship with many of the families in Ingleside Mobile Home Park. And when the sale of that property became final, uh, we discovered that many of the families were stuck. Uh, they couldn't move their mobile homes because they couldn't afford it. They couldn't sell them because, uh, not many people were interested. Um, and so this raised this issue of, of providing assistance. It was a private deal, and so the government really could not help, uh, because it was a private sale. Um, and so, we are very excited tonight to, um, be here in support of this ordinance. Uh, the mayor committed this last year, uh, before 1,100 or so people, and we're so pleased that he's, uh, followed through with this. And, um, I just wanted to, uh, say that, um, many of us are here tonight. I'd like to have them stand so you can see who's here from the BUILD organization. And, uh, again, we thank you for all the work that, uh, you all have put into it, and we, um, hope that it will be passed. Thank you. Thank you very much, um, Mr. Jones. Any further discussion on Council Member Lane's amendment? All in favor, then, of Amending Item number 12, as specified by Council Member Lane, please indicate by saying, "Aye." Aye. Opposed, "No." Motion carries. Madam Clerk. Ordinance number 12 as amended, an ordinance creating Article 7 of, and Chapter 5 of the Code of Ordinances of the Lexington Fayette Urban County Government to create the Relocation Assistance Program for tenants, to provide relocation assistance to eligible low income tenants displaced by the rezoning, redevelopment, or change in any, in the use of property. Number 13. An ordinance amending Section 22-5 of the Code of Ordinances abolishing two positions of Security Officer, part-time, grade 106N in the Department of General Services, and creating two positions of Security Officer, part-Time, grade 106N in the Division of Facilities and Fleet Management, and transferring the incumbents. Number 15. An ordinance authorizing and directing the Mayor on behalf of the Irving County Government to accept a grant from the Kentucky Office of Homeland Security, which the grant funds are in the amount of $124,275 federal funds, are for the purchase of portable interoperable communications infrastructure tower and related equipment for the Division of Emergency Management 911, the acceptance of which does not obligate the Lexing- Lexington-Fayette Urban County Government for the expenditure of funds appropriating funds pursuant to schedule number 76, and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 15. An ordinance amending certain of the budgets of the Lexington-Fayette Urban County Government to reflect current requirements for municipal expenditures, and appropriating and reappropriating funds Schedule Number 77. And number 16, an ordinance amending certain of the budgets of the Lexington-Fayette Urban County Government to reflect current requirements for funds in the amount of $50,000 for the Tenant Relocation Fund, and appropriating and reappropriating funds Schedule Number 79. Thank you. Are there any motions with regard to those ordinances? Seeing none, we will proceed to, uh, the resolutions entitled to second reading. Madam Clerk. Number one. A resolution accepting the bid of Schroeder Construction Incorporated in the amount of $696,637.75 for Cadent Town Sanitary Sewer Project for the Division of Engineering. Two. A resolution accepting the bid of R.J. Corman Aircraft Maintenance LLC in the amount of $107,000 for helicopter main rotor blades for the Division of Police. Three. A resolution accepting the bid of Cry-Tex LLC, establishing a price contract for manhole leveling system and supplies for the Division of Streets, Roads and Forestry. Four. A resolution accepting the bid of Wysong Enterprises Incorporated in the amount of $320,245 for a thermal imaging system for the Division of Police. Five. A r- 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. Number six. A resolution accepting the bid of Bill Wa- Waites Countryside Ford in the amount of $55,146 for 2009 Ford F450 trucks for the Division of Facilities and Fleet Management. Number seven. A resolution accepting the bid of L&M Ma- Asphalt Partners Limited, doing business as ATS Construction, establishing a price contract for 2008-2009 city streets resurfacing for the Division of Streets, Roads and Forestry. Number eight. A res- le- a resolution accepting the bids of Polydyne Incorporated, Atlantico of South Carolina, and Ashland Incorporated, establishing price contracts for polymer flocculants for the Division of Water Quality. Number nine. A resolution accepting the bid of Republic Diesel in the amount of $17,664 for a multi-use power unit for the Division of Facilities and Fleet Management. Ten. A resolution accepting the bid of Tom Chestnut Excavation and Construction, establishing a price contract for bulb out installation for the Division of Traffic Engineering. Number 11. A resolution accepting the bid of Meyer Truck Equipment, establishing a price contract for a dump body for the Division of Facilities and Fleet Management. Twelve. A resolution accepting the bided- bids of GT Distributors of GA Incorporated and Galls Incorporated, Aramark Company, establishing price contracts for police car consoles for the Division of Police. Thirteen. A resolution accepting the bids of Allied Technical Services Incorporated, ITT Flight Corporation Dewatering Division, and Service Pump and Supply Company, establishing price contracts for pumping services for the Division of Water Quality. Number 14, 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. 15, a resolution authorizing and directing the mayor on behalf of the Irwin County Government to execute a contract with the US Department of Ju- of Agricultural for participation in the US Department of Agricultural Commodities Program at no cost to the government. Number 16, a resolution authorizing and directing the mayor on behalf of the Irwin County Government to execute a purchase of service agreement and a lease agreement with Lexington-Fayette Animal Cont- Care and Control LLC for animal control services at a cost not to exceed $1,017,020. 17, a resolution authorizing and directing the mayor on behalf of the Irwin County Government to execute a purchase of service agreement with the Lexington-Fayette, or Animal Care and Control LLC for administration of the Spay and Neuter Grant Fund and Program. Number 18, a resolution authorizing and directing the mayor on behalf of the Irwin County Government to execute an agreement with the Commonwealth of Kentucky, Commo- Kentucky State Police for viewing and selecting helicopter surplus parts at no cost to the government; 19, a resolution authorizing and directing the mayor on behalf of the Irwin 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; 20, a resolution authorizing and directing the mayor on behalf of the Irwin County Government to execute a lease agreement with AIDS Volunteers, Inc. for the lease of Irwin County Government property located at 851 Todds Road; 21, a resolution authorizing and directing the mayor on behalf of the Irwin County Government to execute a lease agreement with AIDS Volunteers, Incorporated for the lease of Irwin County Government property located at 1807 Dalton Court; 22, a resolution authorizing and directing the mayor on behalf of the Irwin County Government to execute an amendment to agreement with AIDS Volunteers, Incorporated for extension of the agreement with, for cooperate, for operation of a tenant-based rental assistance program through June 30th, 2009; 23, a resolution authorizing and directing the mayor on behalf of the Irwin County Government to execute an amendment to lease with Icon Office Solutions, Incorporated for additional copier items at a cost not to exceed $456.10; 24, a resolution authorizing and directing the Department of Law on behalf of the Irwin County Government to accept a deed from Calgal Partners LP for permanent drainage use, 2550 Winchester Road, and authorizing and directing the mayor on behalf of the Irwin County Government to execute the deed of easement to certify the consideration at no cost to the Irwin County Government; 25, a resolution change to the street name of property address number of 1205 North Broadway to tw- 208 Legends Lane, of 501, 505, 509, 513, 517, and 521 Douglas Avenue to 751, 755, 759, 763, 767, and 771 Douglas Loop, of 501, 505, 509, 513, 517, and 521 Glen Arvin Avenue to 651, 655, 659, 663, 667, and 671 Glen Arvin Circle, of 2117 Fort Harrod Drive to 3401 Lyons Drive, of 779 Newtown Pike to 1 Imperial Court, of thirty-sevent- 370 Price Road to 955 Whitney Avenue, of 460 Price Road to 410 Green- 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 change in the property address numbers of 447 through 451 Ash Street to 451 Ash Street, of 33- 32- 3216 Braktown Roads to 3217 Braktown Road, of 769 through 771 Breathitt Avenue to 771 Breathitt Avenue, of 935 through 937 Charles Avenue to 937 Charles Avenue, of 737 Flo- 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 30- 371 Glen Arvin Avenue to 369 Glen Arvin Avenue, of 300 through 320 Hickory Street to 306 Hickory Street, of 657 through 679 Kennedy Road to 673 Kennedy Road, of 1437, 1445, to 1401 through 1413 and 1417 through 1419 Leestown Road to 1430- 1439, 1441, 1401, and 1417 Leestown Road, of 320 Lima Drive to 250 Lima Drive, of 435 through 437 Lindberg Drive to 437 Lindberg 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 Whit- of 836 Whitney Avenue to 846 Whitney Avenue, all effective 30 days from the date of passage. 26, a resolution authorizing and directing the mayor on behalf of the Irwin County Government to execute agreements with the Fayette County Commonwealth Attorney's Office, the Kenton 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 and Commonwealth Attorney's Office, $20,000 for the Kenton County Commonwealth Attorney's Office, and $12,000 for the Commonwealth Attorney 28th Judicial Circuit. 27. A resolution authorizing and directing the mayor on behalf of the Irwin County Government to execute an agreement with Windstream Kentucky East LLC for late relocation of utilities for the Clays Mill Road Improvements Project at a cost not to exceed $77,358.39. 28. A resolution authorizing and directing the mayor on behalf of the Irwin County Government to execute an agreement with Columbia Gas of Kentucky for relocation of utilities for the Tod- Liberty Road- Liberty Tods Road C- Reconstruction Project at a cost not to exceed $93,866. 29. A resolution authorizing and directing the mayor on behalf of the Irwin County Government to execute an agreement with Windstream Kentucky East LLC for relocation of utilities for the Liberty Tods Road Reconstruction Project at a cost not to exceed $69,353. Number 30. A resolution authorizing and directing the Mayor on behalf of the Irving 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 Irving County Council at a cost not to exceed the sum stated. 31. A resolution authorizing and directing the Mayor on behalf of the Irving County Government to execute an amendment to agreement with Fayette County Commonwealth Attorney's Office for the additional 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. 32. A resolution authorizing and directing the Mayor on behalf of the Irving County Government to execute a facility use contract with the Fit County Board of Education for use of North Worthy Auditorium at a cost not to exceed $482.50. 33. A resolution authorizing and directing the Mayor on behalf of the Irving County Government to execute a facility use contract with Fit County Board of Education for use of the Jesse Clark Middle School Gymnasium at a cost not to exceed $4,304.76. 34. A resolution authorizing and directing the Mayor on behalf of the Irving County Government to execute change 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. 35. A resolution authorizing and directing the Mayor on behalf of the Irving County Government to execute a partial release of easement, releasing a portion of a sanitary sewer easement on property just south of Pageant Wilkes Drive at no cost to the Irving County Government. Number 36. A resolution authorizing and directing the Mayor on behalf of the Irving County Government to execute a certificate of consideration and accepted the conveying a permanent sanitary sewer easement and temporary construction easement for the property located at 1812 For Sales Road from the Catholic Diocese of Lexington for the Caden Town for Sales Road Sanitary Sewer Project at no cost to the Irving County Government with usual and appropriate closing costs. Number 37. A resolution authorizing and directing the Mayor on behalf of the Irving County Government to execute a certificate of consideration and accepted the conveying a permanent sanitary sewer easement and temporary construction easement for the property located at 1808 for sales road from Mark G. Smith for the Caden Town for Sales Road Sanitary Sewer Project at no cost to the Irving County Government with usual and appropriate closing costs. 38. A resolution authorizing and directing the Mayor on behalf of the Irving County Government to execute a certificate of consideration and a- except a deed conveying a permanent sanitary sewer easement and temporary construction easement for the property located at 1806 for Sales Road from Mark A. Stell and Linda Stell for the Caden Town for Sales Road Sanitary Sewer Project at no cost to the Irving County Government with usual and appropriate closing costs. 39. A resolution omitting Section One of Resolution Number 562 2007, which authorized and directed the Mayor on behalf of the Irving County Government to execute a certificate of consideration and accept a deed conveying a permanent sanitary sewer easement and contemporary construction easement for the property located at 2852 Liberty Road for the Caden Town Sanitary Sewer Project to change the name from the grant- of the granter from Dennis Anderson to Anderson Homes for Rent LLC. Number 40. A resolution amending Section One of Resolution Number 571 2008 relating to a pay increase for a full-time non-contract bargaining unit employees whose hourly rate of pay is less than the living wage, changing the rate of pay from wh- $11.50 hourly to $11.15 hourly. 41. A resolution authorizing and directing the Mayor and- and the Director of the Division of Buud- Budgeting on behalf of the Irving 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 pension coverage in the County Employees Retirement System, effective on- uh, upon date of passage. And number 42. A resolution authorizing and directing the Mayor on behalf of the Irving County Government to accept a donation from the Lexington Legends of 3,700 mini police toy cars for use at the Division of Police Community Services Section at no cost to the Irving County Government. Thank you, Madam Clerk. Is there a motion to approve those resolutions? Council Member Blevins? I move approval. Thank you. Have a second from Council Member McCord. Any discussion? Seeing none. We're prepared to vote. Those in favor of approving those resolutions, please indicate by s- by voting aye electronically. Those opposed, vote nay electronically. Madam Clerk, please call the roll. And I did not get who made that motion and who seconded it. Blevins, Mr. Council Member Blevins moved- I would- ... and Council Member McCord seconded it. Re- uh, reiterate if you can would mind to please use your, your screens when you do vote. It would help me out tremendously. Thank you. And Mr. Ellinger? Yes. Miss Gordon? Aye. Mr. Gray? Yes. Miss Henson? Yes. Miss James? Yes. Mr. Lane? Yes. Mr. McCord? Yes. Mr. Meyers? Yes. Uh, Dr. Stephens? Aye. Mr. Stennett? Yes, ma'am. Mr. Beard? Aye. Mr. Blevins? Aye. Mr. Blues? Yeah. And Miss Crosby, I, I denote that you're here. She's- Yes. I'll fix you on your vote. Thank you. Thank you. And Mr. Decamp? Thank you. Thank you. Those resolutions are approved. Madam Clerk, would you give first reading to the resolutions entitled to first reading? Resolution number 43. A resolution accepting the bid of Bluegrass Towing Incorporated establishing a price contract for towing fleet services vehicles for the Division of Facilities and Fleet Management. Number 43. A resolution accepting the bid of M- MAC Construction and Excavating Incorporated in the amount of w- $10,994,864 for the South Elcorn Force Main Improvements Project and authorizing and directing the Mayor on behalf of the Irving County Government to execute an agreement with MAC Construction and Excavating Incorporated for performance of such services and authorizing payment of funds in an amount not to exceed $10,994,864. Number 45. A resolution accepting the bid of Municipal Equipment Incorporated in the amount of th- $636,000 for a street sweeper for the Division of Facilities and Fleet Management. 46. A resolution accepting the bids of Red River Ranch, LLC and Hardwood Mulch Bulletgrass Chips, establishing price contracts for wood chip safety surface for the Division of Parks and Recreation. 47. A resolution accepting the bid of HH General Contractor Incorporated in the amount of $75,950 for the Police Health Center exterior improvements. 48. A resolution accepting the bid of Merritt Furniture Incorporated, establishing a price contract for carpet and floor coverings for the Division of Facilities and Fleet Management. 49. A resolution authorizing and directing the mayor on behalf of the Irwin County government to execute a certificate of consideration and accept a deed conveying permanent sanitary sewer and temporary construction easement from Robert E. Johnson for the property located at 2926 Liberty Road for the Cadentown Versailles Road sanitary sewer project at no cost to the Irwin County government. Number 50. A resolution authorizing and directing the mayor on behalf of the Irwin County government to execute a certificate of conside- of consideration and accept a deed conveying permanent sanitary sewer and temporary construction easement from James Reynolds and Sandy Reynolds for the property located at 2830 Liberty Road for the Cadentown Versailles Road sanitary sewer project at no cost to the Irwin County government. Number 51. A resolution authorizing and directing the mayor on behalf of the Irwin County government to execute a certificate of consideration and accept a deed conveying a temporary construction easement from Sharon Clements and Joe Clements for the property located at 244 Radcliff Road for the Radcliff Road stormwater improvement project, and authorizing payment in the amount of $600 plus usual and appropriate closing costs. Number 52. A resolution authorizing and directing the mayor on behalf of the Irwin County government to execute a certificate of consideration and accept a deed conveying permanent st- storm sewer and drainage and temporary construction easements from Susan Fister for the property located at 3184 Trinity Road for the 3184 Trinity Road storm sewer rehabilitation project, and authorizing payment in the amount of $1,475 plus usual and appropriate closing costs. Number 53. A resolution authorizing and directing the mayor on behalf of the Irwin County government to execute a release of easement releasing a detention drainage and utility easement on property located at 1710 Pleasant Ridge Drive at no cost to the Irwin County government. Number 54. Resolution omitting section one of resolution number 526, 2008, to change the reference in section J of also known as 200 Old Todds Road to also known as 200 Todds Road, and to add section L, changing the street name and property address numbers of 3051 Todds Road to 30192 Old Todds Road, and amending section 3B to add 3103 and 4102 Todds Road, and to remove 3051 Todds Road from the locations whose addresses are being changed to Old Todds Road, effective retroactive to September 11, 2008. Number 55. A resolution authorizing and directing the mayor on behalf of the Irwin County government to execute a contract m-modification with the Kentucky Division of Emergency Management for extension of the agreement for implementation of a flood hazard mitigation project in the Cardinal Valley area through April 1st, 2010 at no cost to the Irwin County government. Number 56. A resolution authorizing and directing the mayor on behalf of the Irwin County government to execute amendment number one to the contract with HDR QUEST Engineering Incorporated for design of Citation Boulevard, phase two, increasing the contract price by the sum of four- $149,282 from $768,025 to $917,307. 57. A resolution authorizing and directing the mayor on behalf of the Irwin County government to execute change order number three to the contract with HDR QUEST Engineering Incorporated for design of Liberty Todds Road improvement project, section one, increasing the contract price by the sum of $59,036 from $946,670 to $1,005,706. Number 58. A resolution authorizing and directing the mayor on behalf of the Irwin County government to execute a facility usage contract with Fayette County Board of Education for rental of Mill Creek limi- Elementary Gymnasium at a cost not to exceed $4,608. 59. A resolution authorizing and directing the mayor on behalf of the Irwin County government to execute a facility usage contract with the ca- Fayette County Board of Education for rental of Windburn Middle School gym and library at a cost not to exceed $19,912.50. Number 60. A resolution authorizing and directing the mayor on behalf of the Irwin County government to execute a facility usage contract with the Fayette County Board of Education for rental of Yates Elementary Gymnasium at a cost not to exceed $5,184. 61. A resolution authorizing and directing the mayor on behalf of the Irwin County government to execute an agreement with the pent- Partners for Youth Foundation Incorporated for con- continuation of the Truancy Assessment Center at a cost not to exceed $67,219. 62. A resolution authorizing and directing the mayor on behalf of the Irwin County government to execute an agreement with the Central Kentucky Area Drug Task Force for performance of services under the 2007 Project Safe Neighborhood Program at a cost not to exceed $4,000. 63. A resolution authorizing and directing the mayor on behalf of the Irwin County government to execute an agreement with the Kentucky State Police for services under the Anti-Gang Initiative Program at a cost not to exceed $80,000. 64. A resolution authorizing and directing the mayor on behalf of the Irwin County government to execute a services agreement with Wilbur Smith Associates for the South Limestone multimodal transportation study at a cost not to exceed $120,000. And number 65. A resolution ratifying the probationary civil service appointments of Charles Schwab, planner senior grade one 17E3- 2003 90-08 biweekly in the Division of Planning, effective October 27, 2008. Jeffrey Lewis, licensed inspector, grade 110N 15.317 hourly in the Division of Revenue, effective November 10, 2008. Ratifying the probationary community corrections appointments of Brandy Moffitt, Robert Rose, Sylvia Logan, Lee Johnson, Jr., Christelle, uh, Bailey Glenn Magnus, Jill Diana Seal, community corrections officer grade 110N 13.930 hourly in the Division of Community Corrections effective Nov- November 24th, 2008. Approving the unclassified civil service appointments of Melinda Weathers, victim's advocate, grade 112E $1,120 biweekly in the Division of Police, effective November 11, 2008. Andrea D- ... Topia Social Services Coordinator, grade 114E, 1007, 9440 biweekly in the division of Adult Services, effective November 3rd, 2008. Barbara Norris, social worker, senior rate 113E, 1009 8120 biweekly in the Friends of the Court, effective September 29th, 2008. Before we get it first- Vice Mayor. Councilmember Beard. ... I have a, uh, walk-on. I move to place on the docket for a first reading, a resolution approving the execution and delivery by Jessamine County, Kentucky, of its Cultural and Recreational Revenue Bonds in the amount not to exceed $4,500,000, and to use the bond proceeds to assist Tates Creek Presbyterian Church Incorporated, located in Lexington, in financing and refinancing the cost of construction and equipping o- of a multipurpose facility, and to finish an area to be used as a nursery and classrooms. The reason for the walk-on is that, um, there's a TEFRA hearing that is required in, in this, uh, with, uh, a, a pretty hefty lead time as far as advertising, uh, that hearing. And we're running out of time obviously, uh, uh, up into early December to be able to get all this done. Second. We have a motion by Councilmember Beard and a second by Councilmember McCord to, um, place item involving the issuance of industrial revenue bonds on the, uh, docket for first reading. Is there any discussion? I see none. Those in favor, let it be known by saying "Aye." Aye. Opposed, no? Motion carries unanimously. Uh, Councilmember Ste- Stennet. Thank you, Mayor. I have another walk-on. Uh, i- so that our Division of Police can participate in this year's 2009 Presidential inauguration, I move to place a resolution on the docket authorizing the execution of a memorandum of understanding with the United States Attorney for the District of Columbia and the Metropolitan Police Department of Washington DC for the participation in the 2009 Presidential inauguration at no cost to the Irvin County Government. So moved. We have a motion by Councilmember Stennet, second by Councilmember Gordon to, uh, place that item on the docket for first reading. Any discussion? Seeing none. Those in favor, please say, "Aye." Aye. Those opposed, no? Motion carries. Any, any further motions? All right. Madam Clerk. Resolution number 66. A resolution of the Lexington Fayette Urban County Government approving the execution and delivery by the County of Jessamine, Kentucky and of its County of Jessamine Kentucky Cultural and Recreational Revenue Bonds, Tates Creek Presbyterian Church Incorporated Project Series 2008 in an amount not to exceed $4,500,000, the bond and the use of the proceeds thereof to assist Tates Creek Presbyta- Presbyterian Church Incorporated finance and refinance the cost of the construction and equipping of a multipurpose facility consisting of approximately 55,500 square feet, including areas for recreational fellowship and cultural activities, and to finish out a 15,900 square foot area for use as a nursery and classrooms located at 3900 Rapid Run Drive, Lexington, Fayette County, Kentucky, and to pay costs of issuance. And number 67, a resolution authorizing and directing the mayor on behalf of the Irwin County government to execute a memorandum of understanding with the United States Attorney for the District of Columbia and the Metropolitan Police Department of Washington, DC for participation in the 2009 Presidential inauguration at no cost to the Irwin County Government. Thank you. Are there any motions? Councilmember DeCamp? Uh, yes, I'd like to, uh, request a second reading. Move to suspend. Or, um, uh, move to suspend the rules to have a second reading on, uh, number 64. The reason is that the consultants need to conduct, uh, two to three weeks of data collection along the corridor, uh, prior to November 20th, and, uh, b- at which time the holiday schedules will begin and will not reflect standard traffic conditions. Thank you. Uh, I have a second from Councilmember Blevins, I believe. All right. Are there, uh, any other items, Councilmember Stennet? Thank you, Mayor. I have one easement, uh, that we need to get released, number 53. Second. And number 67. Councilmember, uh, Henson. Thank you, Mayor. I would like to, um, suspend the rules and give second reading to number 55 so this project can move forward. Second. All right. Any others? Councilmember DeCamp, I'll, um, consider those to be friendly, uh, amendments to your resolution to suspend the rules by adding items 53, 55, 64, and 67. Yes. All right. Any further, uh, items? Those in favor of suspending the rules to give second reading to the items, um, listed just a moment ago, please indicate by saying, "Aye." Aye. Opposed, no? Motion carries. Madam Clerk. Resolution number 53. A resolution authorizing and directing the mayor on behalf of the Irwin County Government to execute a release of easement releasing a detention drainage and utility easement on property located at 1710 Pleasant Ridge Drive at no cost to the Irwin County Government. Number 55, a resolution authorizing and directing the mayor on behalf of the Irwin County Government to execute a contract modification with the Kentucky Division of Emergency Management for extension of the agreement for implementation of a flood hazard mitigation project in the Cardinal Valley area through April 1st, 2010 at no cost to the Irwin County Government. Number 64 , a resolution authorizing and directing the mayor on behalf of the Urban County government to execute a services agreement with Wilbur Smith Associates for the South Limestone Multimodals Transportation Study at a cost not to exceed $120,000. And number 67, a resolution authorizing and directing the m- mayor on behalf of the Urban County Government to execute a memorandum of understanding with the United States Attorney for the District of Columbia and the Metropolitan Police Department of Washington, DC for participation in the 2009 presidential inauguration at no cost to the Urban County Government. Thank you. Is there a motion to approve those items? So moved. Second. Council member Beard has moved to approve those, uh, resolutions just receiving their second reading. Council member Myers has seconded. Any discussion? I see none. So all in favor please indicate by, uh, eh, voting aye electronically. Those opposed vote nay electronically. Madam Clerk, please call the roll. Mr. Ellinger. Yes. Ms. Gorton. Aye. Okay. I did something wrong. Sorry about that. Now we got it going. Mr. Ellinger. Ms. Gorton. Mr. Gray. Yes. Miss Henson. Yes. Mr. -- Ms. James. Yes. Mr. Lane. Yes. Mr. McCord. Yes. Mr. Meyers. Yes. Dr. Stephens. Aye. Mr. Stennett. Yes, ma'am. Mr. Beard. Aye. Mr. Blevins. Aye. Mr. Blues. Yes. Miss Crosby. Yes. And Mr. DeCamp. Yes. Thank you. Thank you. Those resolutions are approved. Um, you have several communications for information purposes only under announcements. I would, uh, just remind those of you who are here this evening that we're going to have, uh, a little get-together tomorrow morning at nine o'clock on the 12th floor. Hope you will all be able to join us. I anticipate that, uh, council members Elect Wallis and Feigel will join us, so, uh, look forward to seeing you in the morning. Are there any other announcements? All right, that leaves us, uh, with public comment, and I have two individuals who have indicated a desire to speak this evening. First is Mr. McCarthy. For the record, my name is Bernard McCarthy. My address is 515 Harry Street. There's about three things on my mind today. Number one, this government should begin charging all developers impact fees countywide on a... not just in the areas where the urban service boundary was expanded, which you've been doing since that expansion, but anywhere in Fayette County where there is new development or redevelopment that increases the density, and this should go toward building the infrastructure needed to support a growing population. Because no matter how much property tax you collect on new buildings that weren't there before, that only covers the increase in the operating costs of this government. It never leaves any money to pay for the infrastructure that's needed. Second, when it comes to housing the poor, which the people from Build have sort of reminded us of that being a problem, instead of subsidizing rent, I would rather the government put any money it's going to spend into subsidizing ownership, and instead of funneling the subsidies to profit-making builders, I would rather you funnel subsidies to the nonprofits, especially Habitat for Humanity. I'll admit I have some bias since I've given them most of my vacation time over the... over the years, but the idea should be funnel as many lots as possible into the hands of nonprofit organizations that will build houses for sale to the poor. And finally, with regard to the remaining trailer parks, uh, in the county, the problem here is that the people who own the trailers are merely renting the lots under them. I think this government should make it official policy to simply not allow any of these... any of the remaining trailer parks to be redeveloped to other uses. If necessary, use your power of eminent domain to buy the trailer parks from their current owners if they wish to get out of the landlord business and do something else instead of letting the land go to a developer and then sell the individual lots at a subsidized rate to the people who are currently just renting them. That would be the ultimate remedy to fix the problem, is to get it so that the people who own the structure also own the ground under it, and I think that's the only way we're going to have true justice. Thank you. Thank you, Mr. McCarthy. Uh, next speaker I have is Mr. Cobb. If you'd step to the podium, you'll have three minutes. Peace and love to the council. Obama, uh, just a bright moment all over the country tonight. Uh, just wanna wish the whole council peace. We got a wonderful opportunity to go with the flow of the world, and the flow is we're going in a direction of cooperation and respect. Everybody deserves respect. We have to work hard in Lexington because the Black leadership has took a subservient role when we really should be in the leadership role. And what we have to do, we have to prepare ourself for the transition and during this transition, we need the help of all nations. We need the help of all people regardless of what color they are, but we are, uh, in a position to be propelled in the leadership role because we need it more so than any other nation. Not that we better than anybody else. We need Black leadership all over the world and not just token leadership. We need real live leadership, and I ask Lexington cooperate with the flow of the world and help me 'cause I just wanna shine some shoes. I'm very enthusiastic about what's happening 'cause Lexington is on in the valley of decisions. We not asking y'all, uh, we don't have a, a option. We got to cooperate with the flow. And lastly, I had the opportunity to see the mayor last week. I was very excited and I was trying to give him some honor and respect. I followed him into a place, uh, that I never went into and I was trying to explain that to him and one individual in there didn't have anything to do with the conversation, didn't have anything to do with nothing that me and the mayor was talking about because I believe that I was trying to give honor to the mayor and he just introduced himself into our conversation and it was just so sad because it's one of my family members and I had to tell him, "The days of the house nigger is over." We, we can't have individuals that do not realize how serious times is. We have a role to play in this society and I'm asking y'all to s- recognize our role. Recognize our role. I'm asking y'all to let me shine shoes. Every time I see you, Mayor, it's the same thing. It's no big deal. I support you. Same thing with you, Mr. Gray. When I was at the Democratic Convention, it was like a, a, a jockeying for position show. You know, we got to look for the little small guy. Y'all dying out. Look at the bigger picture. Thank you. Thank you, Mr. Cobb. Does anyone else wish to address the council? Seeing none. A motion to adjourn would be in order. Second. I have a motion by Council Member Blues and a second by Council Member Gordon to adjourn. All in favor, please say aye. Aye. Oppose, no. The motion carries. Thank you very much.