# Urban County Council Meeting - December 4, 2008 > Auto-transcribed civic record · Council · December 4, 2008 - **Permalink**: https://meetings.lexingtonky.news/meeting/672 - **Source video**: https://lfucg.granicus.com/player/clip/672?view_id=14&redirect=true - **Date**: 2008-12-04 - **Body**: Council - **Last revised**: June 17, 2026 - **Length**: 11,709 words > ⚠️ **Auto-generated content.** Audio from the official Granicus video was auto-transcribed by OpenAI Whisper-1. Structured facts were extracted with GPT-4o; the narrative summary was written by Anthropic Claude Sonnet. Speaker labels and verbatim wording may contain errors. See [methodology](https://meetings.lexingtonky.news/about/methodology) or [report a correction](mailto:editor@lexingtonky.news). --- ## Meeting Overview The Lexington-Fayette Urban County Government Council met on December 4, 2008, at 7:00 PM in Lexington, Kentucky, with Mayor Jim Newberry presiding. The meeting covered 3 agenda items, all of which were approved, including a closed session for real property acquisition, the Phoenix Park/Courthouse Development Area Ordinance, and the Lexington Distillery District Development Area Ordinance. Over the course of the meeting, the Council took 5 votes and heard 3 public comments. ## Attendance All 16 council members were present at the March 12, 2026 meeting. No members were recorded as absent or late. **Present:** - Jim Newberry - Gray - Henson - James - Lane - McChord - Myers - Stevens - Stinnett - Beard - Blevins - Blues - Crosbie - DeCamp - Ellinger - Gorton ## Votes and Decisions The Council took five formal votes during the March 12, 2026 meeting. - **Closed Session (Real Property Acquisition):** Motioned by Mr. Blues, seconded by Mr. Beard, the Council voted unanimously (15–0) to enter closed session to discuss real property acquisition. All 15 members voted in favor: Gray, Henson, James, Lane, McChord, Myers, Stevens, Stinnett, Beard, Blevins, Blues, Crosbie, DeCamp, Ellinger, and Gorton. [timestamp: 0:01:41] - **Return to Open Session:** Motioned by Mr. McChord, seconded by Mr. Blevins, the Council voted unanimously (15–0) to return to open session. All 15 members voted in favor. [timestamp: 0:26:37] - **Approval of Council Meeting Minutes (May 22, 2008):** Motioned by Ms. Gorton, seconded by Mr. Blues, the minutes were approved unanimously (15–0). All 15 members voted in favor. [timestamp: 0:27:10] - **Ordinance Establishing Phoenix Park/Courthouse Development Area:** Motioned by Mr. Stinnett, seconded by Mr. McChord, the ordinance passed 10–5 on a roll call vote. Voting in favor: Henson, Lane, McChord, Myers, Stevens, Stinnett, Beard, Crosbie, DeCamp, and Ellinger. Voting against: Gray, James, Blevins, Blues, and Gorton. [timestamp: 0:33:23] - **Ordinance Establishing Lexington Distillery District Development Area:** Motioned by Mr. Stinnett, seconded by Mr. McChord, the ordinance passed 14–0 on a roll call vote, with one abstention. Voting in favor: Gray, Henson, James, McChord, Myers, Stevens, Stinnett, Beard, Blevins, Blues, Crosbie, DeCamp, Ellinger, and Gorton. Mr. Lane recused himself and did not vote. [timestamp: 0:34:29] ## Budget and Financial Actions The Council approved several financial actions at the March 12, 2026 meeting, covering purchases, contracts, and a grant across multiple city departments. - **Dump Truck Purchase:** The Council authorized the purchase of a dump truck equipped with snow removal equipment from **Countryside Motors** for **$109,796**. - **Fire Alarm Testing and Inspection Contract:** A contract was approved with **Siemens Building Technologies, Inc.** in the amount of **$23,371** for fire alarm testing and inspection services. - **Wastewater Treatment Plant Contract:** The Council approved a contract with **Arnold, Dugan & Meyers** for **$25,930** to cover Phase 2 of the West Hickman Wastewater Treatment Plant Screw Pump Replacement project. - **Anti-Gang Juvenile Program Contract:** A contract totaling **$17,000** was approved with the **Board of Education of Fayette County, Ky.** to support an Anti-Gang Juvenile Program at Martin Luther King Jr. Academy for Excellence. - **Fire Division Health and Wellness Equipment Grant:** The Council accepted a grant of **$5,309** from the **Commission on Fire Protection, Personnel, Standards, and Education** to fund health and wellness equipment for the Division of Fire and Emergency Services. No resolution numbers were available in the meeting record for these items. ## Public Comment Three members of the public addressed the Council during the public comment period. - **Kevin Williams** [timestamp: 1:22:57] expressed gratitude to the Council for its support of firefighters. - **Mr. McCarthy** [timestamp: 1:23:34] voiced opposition to the closing of a public road and offered a suggestion regarding the use of Tax Increment Financing (TIF) bonds. He argued that TIF bond funds should be directed toward road widening rather than what he characterized as frills. - **Mr. Cobb** [timestamp: 1:26:19] spoke about his shoe shining business and expressed interest in having more opportunities to provide his services during Council meetings. ## Contested Items - **Phoenix Park/Courthouse Development Area Ordinance** — This ordinance was the sole contested item at the March 12, 2026 Council meeting, passing on a split vote of 10–5. The divided outcome indicates that five council members were opposed to the measure, though the specific points of disagreement and the identities of those voting for or against are not detailed in the available record. The ordinance ultimately passed with the support of ten council members. ## Closed session for real property acquisition [timestamp: 01:41] The Council convened a closed session to discuss the possible acquisition of real property. The stated basis for moving into closed session was that public disclosure of the deliberations could affect the value of the property under consideration — a standard legal justification for excluding the public from real estate acquisition discussions. Mr. Blues and Mr. Beard were the key speakers involved in this agenda item. The motion to enter closed session was approved. No additional details regarding the specific property, its location, purchase price, or other terms are reflected in the available record from the open portion of the meeting, as those discussions took place outside of public view. ## Phoenix Park/Courthouse Development Area Ordinance [timestamp: 33:23] The Council took up an ordinance to establish a development area for economic purposes in downtown Lexington, to be known as the Phoenix Park/Courthouse Development Area. Mr. Stinnett and Mr. McChord were the key speakers on this item. The ordinance was presented as a measure to formally designate the Phoenix Park/Courthouse area as a development area, a step typically used to facilitate economic development activity in a defined geographic zone of downtown. The ordinance was approved by the Council. *Note: The available data does not include detailed information on the specific arguments made, concerns raised, or the vote count for this item. Readers seeking the full discussion are encouraged to view the meeting video beginning at timestamp 33:23.* ## Lexington Distillery District Development Area Ordinance [timestamp: 34:29] The Council considered an ordinance to establish the Lexington Distillery District Development Area, a designated development area created for economic purposes in downtown Lexington. Mr. Stinnett and Mr. McChord were the key speakers on this agenda item. The ordinance formally establishes the development area framework, which is intended to support economic development activity within the defined district in the downtown area. The Council approved the ordinance. *Note: The available data does not include detailed information about the specific provisions debated, concerns raised, or the full scope of discussion during this agenda item. Readers seeking additional detail are encouraged to review the meeting video beginning at timestamp 34:29.* --- ## Decisions - **Motion** — passed (15-0): Motion to go into closed session to discuss real property acquisition - **Motion** — passed (15-0): Motion to return to open session - **Motion** — passed (15-0): Approval of Council Meeting Minutes for May 22, 2008 - **Motion** — passed (10-5): Ordinance establishing Phoenix Park/Courthouse Development Area - **Motion** — passed (14-0): Ordinance establishing Lexington Distillery District Development Area --- ## Full transcript Madam Clerk, would you call the roll, please? Mr. Gray. Here. Miss Henson. Here. Miss James. Here. Mr. Lane. Here. Ford. Here. Mr. Myers. Here. Dr. Stevens. Present. Mr. Stennit. Yes, ma'am. Mr. Beard. Present. Mr. Blevins. Here. Mr. Blues. Here. Miss Crosby. Here. Mr. DeCamp. Here. Mr. Ellinger. Here. And Miss Gorton. Here. Thank you. We have a quorum. It's my pleasure to invite, uh, Marty Green to the podium tonight to present our invocation. All right. Let us pray. Heavenly Father, we bow before you this moment, thanking you for life's blessings. We pray, our Father, for those, um, of council members who are here to consider our business of, of the city. We pray that every heart will focus on the needs of our citizens and work diligently to accomplish those ends. We pray to you, bless thy efforts, and let us leave this place in harmony. In the name of Christ Jesus, we thank you and pray, amen. C- Council Member Blues. Thank you, Mayor. And with apologies to all those comfortably seated, I move that we go into closed session pursuant to KRS618101B for the purpose of discussing the possible acquisition of real property. A closed session is necessary because publicity at this stage would be likely to affect the value of the property in question. So moved. We have a motion by Council Member Blues and a second by Council Member Beard that we, uh, move into closed session for the reasons specified. Is there any discussion? Those in favor, please say, "Ay." All: Ay. Opposed, "No." Motion carries. If, uh, we could, uh, vacate the chambers, I don't think this will be a particularly long, um, uh, pause, but we, we'll be back with you shortly. You made me love you. I didn't wanna do it. I didn't wanna do it. You made me want you. And all the time you knew it. I guess you always knew it. You made me happy sometimes. You made me glad. But there were times, dear. You made me feel so bad. You made me sigh, oh. I didn't wanna tell you. I didn't wanna tell you. I want some love that's true. Yes, I do. 'Deed I do. You know that I do. Give me, give me, give me what I cry for, you know. You got the brand of kisses that I die for. You know you made me love you. There's a story told of a little Japanese. Sitting demurely 'neath the cherry blossom tree. Miss Butterfly's her name. A sweet little innocent child was she. Till a fine young American from the sea. To her garden came. They met neath the cherry blossoms every day. And he taught her how to love the American way. To love with her soul was easy to learn. Then he sailed away with a promise to return. Oh, butterfly. 'Neath the blossom's waiting. Oh, butterfly. For she loved him so. The moments pass into hours. The hours into days. And the years went by without a trace. Of the love he shared with Miss Butterfly. And she sat beneath the blossoms till the end of time. Until forever more she died. And she died without a name. And she died without a name. She smiles through her tears. She remembers love. The moon and I know that he'll be faithful. I'm sure he'll come to me by and by. But if he won't come back, then I'll never sigh or cry. I just must die for the butterfly. Unforgettable, that's what you are. Unforgettable, though near or far. Like a song of love that clings to me. How the thought of you does things to me. Never before has someone been more unforgettable in every way. And forevermore, that's how you'll stay. That's why, darling, it's incredible that someone so unforgettable thinks that I am unforgettable, too. That's why, darling, it's incredible that someone so unforgettable thinks that I am unforgettable, too. The evening breeze caressed the trees tenderly. The trembling trees embraced the breeze tenderly. Then you and I came wandering by. And lost in a sigh were we. The shore was kissed by sea and mist tenderly. I can't forget how two hearts met breathlessly. Your arms opened wide and closed me inside. You took my lips, you took my love so tenderly. Then... Dancing in the dark 'til the tune ends. We're dancing in the dark and it soon ends. We're waltzing in a wonder of why we're here. Time hurries by, we're here and gone. Looking for the light of a new love to brighten up the night. I have you, love, and we can face the music together. Dancing in the dark. Looking for the light of a new love to brighten up the night. I have you, love, and we can face the music together. Dancing in the dark. Are, are you all ready? Okay, good. Thank you very much. Let's, uh, reconvene. We need a motion to, uh, return to open session. So moved. Have a motion by Council Member McCord and a second by Council Member Blevins to return to open session. Any discussion? All in favor say, "Aye." Aye. All opposed, "No." The motion carries. All right, uh, we're ready now to return to the agenda. Um, the clerk's office is catching up on our minutes, and there's some minutes from May to be approved. Is there a motion? Move approval. Have a motion by Council Member Gorton, second by Council Member Blues, to approve the, uh, minutes of May 22. Any discussion? All in favor, please say, "Aye." Aye. Opposed, "No." Motion carries. That takes us down to the ordinances. Madam Clerk. Ordinance number one, an ordinance changing the zone from a high density apartment, R4 zone, to a wholesale and warehouse business, B4 zone, for 6.73 net, 9.59 gross acres for property located at 201 Price Road, subject to certain use restrictions imposed as conditions of granting the zone change, Lexington Lofts, LLC. Number two, an ordinance authorizing and directing the mayor on behalf of the Urban County Government to accept a grant from the Kentucky Office of Homeland Security, which grant funds are in the amount of $250,000 federal funds, are for the purchase of a total containment vessel for the transport of live hazardous devices for the Division of Police. The acceptance of which does not obligate the Urban County Government for the expenditure of funds and appropriating funds pursuant to schedule number 83, and then authorizing the mayor to transfer unencumbered funds within the grant budget. Number three, an ordinance authorizing and directing the mayor on behalf of the Urban County Government to accept a grant from the Kentucky Office of Homeland Security, which grant funds are in the amount of $435,000 federal funds are for IED training for FBI certified bomb squads in Lexington, Louisville, Owensboro, Paducah, and the Kentucky State Police. The acceptance which does not obligate the Lexington Fayette Urban County Government for the expenditures of funds, appropriating funds pursuant to schedule number 84 and authorizing the mayor to transfer unencumbered funds within the grant budget. Number four, an ordinance authorizing and directing the mayor on behalf of the Urban County Government to accept the, to accept a grant from the Kentucky Office of Homeland Security, which grant funds are in the amount of $600,000 federal funds are for the purchase of a heavy hazardous materials command and response vehicle for the Division of Fire and Emergency Services. The acceptance which does not obligate the Lexington Fayette Urban County Government for the expenditure of funds, appropriating funds pursuant to schedule number 81 and authorizing the mayor to transfer unencumbered funds within the grant budget. Number five, an ordinance authorizing and directing the mayor on behalf of the Urban County Government to accept an Innovations in American Government Award from the Ashe Institute for Democratic Governance and Innovation at Harvard University at the... in the amount of $5,000 for the Division of Police's Advanced Language Program and a- appropriating funds pursuant to schedule number 80. Number six, an ordinance authorizing and directing the mayor on behalf of the Urban County Government to accept a grant from the Kentucky Office of Homeland Security, which grant funds are in the amount of $123,000 federal funds are for the purchase of personal protective equipment, a digital imaging x-ray system and upgrades to the robot for the hazardous devices unit, the acceptance of which does not obligate the Urban, the Lexington Fayette Urban County Government for the expenditure of funds, appropriating funds pursuant to schedule number 82 and authorizing the mayor to transfer unencumbered funds within the grant budget. Number seven, 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 78. Number eight, an ordinance of the Lexington Fayette Urban County Government making certain findings concerning and establishing a development area for economic development purposes for the downtown of the Lexington Fayette Urban County to be known as the Phoenix Park Courthouse Development Area, approving a local participation agreement with the Department of Finance and Administration of the Lexington Fayette Urban County Government, establishing an incremental tax special fund for payment of redevelopment assistance, approved public infrastructure costs, financing costs and signature project costs, designating the Lexington Fayette Urban County Government's Department of Finance and Administration as the agency responsible for oversight... Administration and implementation, implant -- implantation of the development area, and authorizing the mayor and the other officials to take such other r- appropriate actions as are necessary or required in connection with the establishment of the development area. Number nine, an ordinance of the Lexington-Fayette Urban County Government making certain findings concerning and establishing a development area for economic development purposes within the downtown of Lexington-Fayette Urban County to be known as the Lexington Distillery District Development Area, approving a local participation agreement with the Department of Finance and Administration of the Lexington-Fayette Urban County Government, establishing an incremental tax special fund for payment of redevelopment assistance, approved public infrastructure costs, financing costs, and signature project costs designating the Lexington-Fayette Urban County Government's Department of Finance and Administration is the agency responsible for oversight, administration, and implantation of the development area, and authorizing the o- mayor and other officials to take such other appropriate actions as necessary or required in connection with the establishment of the development area. And number 10, an ordinance of the Lexington-Fayette Urban County Government authoring -- authorizing the issuance of its $13,565,000 general obligation public project bon- bonds, ser- series 2008A which amount may be o- increased or decreased by an amount of up to 10%, and $25,320,000 general obligation various purpose bonds, ser- series 2008B, which amount may be increased or decreased by an amount of up to 10%, approving a form of bond o- authorizing designated officers to execute and deliver the bonds, authorizing and directing the filing of notice with the state local debt officer, providing for the payment and security of the bonds, creating a bond payment fund, creating a sinking fund, authorizing the acceptance of the bon- bid of the bond purchaser of the bonds, and repealing inconsistent ordinances. Thank you very much. Is there a motion? Move to approve. Second. Have a motion by Council Member Stennet, a second by Council Member McCord to approve the ordinances that have received second reading. 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, please call the roll. Mr. Gray. Yes. Miss Henson. Yes. Miss James. No on eight and yes on the rest. Can't change his vote. Wait a minute. No. No. He gotta turn it back. Yes, he can until the whole vote's done. Continue. Continue, or Mr. Gray- What did he say? ... do you want to recast your vote? The vote hasn't been tabulated yet. I think if you wish to modify or recast your vote, you can do so at this point. Mr. Gray, and your vote is? No, on eight. Yes, yes on the rest. All right, and I will make the records state this when the, the meeting is done. Okay. Miss Henson. Yes. Miss James, recorded your vote. Mr. Lane. Yes, uh, recused on number nine. On which one? Nine. Nine? Okay. Mr. McCord. Yes. Mr. Meyers. Yes on eight and yes on the rest. Doctor Stevens. Aye for all. Mr. Stennet. Aye. Mr. Beard. Aye. Mr. Blevins. The bald guys will split tonight. No on eight, yes on the rest. Mr. Blues. No on eight, yes on the rest. Miss, Miss Crosby. Yes. Mr. Decamp. Yes. Mr. Ellenger. Yes. And Miss Gordon. No on eight, yes on the rest. The record- Now- ... will be reflected that. My sense is that all are approved, but I want to confirm the vote on number eight with the clerk. What was the vote? 10-5. Thank you very much. They're all approved. Madam Clerk, if you would, um, please give reading, first reading to the ordinances entitled to first reading. Ordinance number 11, an ordinance closing a lane, a one-lane connector street right of way between Richmond Road and South Eagle Creek Drive determining that all property owners abutting the portion of the street to be closed have been identified, provided with written notice of the proposed closing and consented thereto in writing, and authorizing and directing the mayor on behalf of the urban county government to execute a quitclaim deed transferring the former right of way to the abutting owner, subject to the reservation of easements for access and maintenance of existing utilities for, in the form of right of way. Number 12, an ordinance authorizing and... Sorry. An ordinance, uh, number 12, an ordinance authorizing and directing the mayor on behalf of the urban county government to execute and submit a grant application to the Kentucky Justice and Public Safety 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 $18,934 federal funds are for the purchase of equipment for the Sexual Assault Nurse Examiner Program, the acceptance which obligates the urban county government for the expenditure of $6500 as a local match, appropriating funds pursuant to Schedule Number 86 and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 13, an ordinance pursuant to Section 2-1A of the Code of Ordinances of the Lexington Fayette Urban County Government, adopting a schedule of the meetings for the Council for the calendar year 2009. Number 14, an ordinance expanding and extending the full urban service district, uh, for the Urban County Government, for the provision of street lighting, street cleaning, and garbage and refuse collection to include the area defined as certain properties on the following streets: Johnson Property Unit 1I, B- Burgess Avenue, Mill- Millbank Road, McCullough Drive, Johnson Property Unit 1H, Millbank Road, McCullough Drive, Ramsey Sullivan Property Unit 2A, Sullivan's Trace, Cherry Blossom Way, Blackford Property Phase 3 Unit 1D, Blackford Par- Parkway, Masterson Hills Unit 1A, RTIBs Trail, Chesapeake Equine, Greendale Road, Rit Station Subdivision, Lakeland Avenue, Mulligan's Property, Shady Hills, Treeline Way, Clark Property Unit 1L, Icehouse Way, Sharkey Property Unit L- Unit 3, Section 1, Town Center Drive, Town Square Park, Guest Property Unit 5C, Section 1, Honeycomb Trail, Guest Property Unit 4H, Section 1, Jewett Creek Drive, Battery Street, Blackford Property Phase 3, Unit 1C, Blackford Parkway, Dyer Cove, Print Co- Flint Cove, Clark Property Unit 1H, Icehouse Way, Clark Property Unit 1I, Orchard Grass Road, Clark Property Unit 1J, Tollgate Road, Orchard Grass Road, Ramsey Sullivan Property Unit 3, Lot 3, Section 2, Kittenjoy Circle, Meadow Suite Lane, Kearney Ridge Boulevard, Tuscany Unit 4B, Summerfield Sandhurst Cove, Johnson Property Unit 1M, Millbank Road, El- Elvertin Road, Johnson Property Unit 1N, Section 1, Elvertin Court, Elvertin Road, Meyers Property Unit 1C, Field Rush Road, Meyers Property Unit 1B, Field Rush Road, Calad- Calendula Road, Crocus Court, Meyers Property Unit 1A, Calendula Road, Field Rush Road, Service Berry Drive, Clark Property Unit 1F, Polo Club Boulevard, Pokeberry Parks, Owl- Owls Head Lane, Fortune Business Center Unit One, Lot 11, Beasley Street, Clark Property Unit 1G, Polo Club Boulevard, Eil- Icehouse Way, Johnson Property Unit 1L, Section One, Millbank Road. Number 15, an ordinance expanding and extending partial urban services district number three for the Urban County Government for the provision of garbage and refuse collection to include the area defined as certain properties on the following streets: Shark- Sharkey Property Unit 2C, Section One, Townley Park, Lexontonian Estate Section Two, Winner's Circle, Sharkey Property Unit 2C, Section Two, Town Square Park, Lochmere Estates, Maple Ridge Unit 1A, Lochmere Loop, La- Lochmere Place, Higbee Ar- Higbee Mill Reserve, Reserve Road, Lexontonian Estate Section One, Resales Road, Winter Circle, Richmond Road, Richmond Woods, Todds Road, Newtown Springs Unit One, Lot Nine, Russell Springs Drive, Newtown Springs Drive, Na- Hamburg Place Farm, B6P Area War Admiral Way. Number 16, an ordinance amending Section 6-64 of the Code of Ordinances to increase the amount of payment for funeral expenses for on behalf of members of the city employee's pension fund to $7,500 effective July 1st, 2008, and appropriating funds pursuant to Schedule Number 87. Number 17, an ordinance authorizing and directing the mayor on behalf of the Urban County government to execute a home agreement with First Pres- Presbyterian Church Apartments, LLLLP, for use of home investment partnership program fo- funds for rental housing for low income households at a cost not to exceed $250,000 and appropriating funds pursuant to Schedule Number 88. Number 18, an ordinance submitting 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 85. Number 19, an ordinance submitting Section 9 of Ordinance Number 330-2001 is amended by Ordinances Number 286-2003, 272-2004, 143-2006, and 243-2007, extending the payments and benefits provided to activated employees who are members of the US Armed Forces Reserve or National Guard until they are released from active duty or until January 1, 2013, whichever shall first occur. 20, an ordinance amending Section 21-5-2 of the Code of Ordinances abolishing one position of administrative officer senior grade 120E and creating one position of budget officer senior grade 120E in the Division of Budgeting. 21, an ordinance amending Section 21-5-2 of the Code of Ordinances abolishing three positions of engineering technician Grade 111N and creating three positions of environmental inspector Grade 113N, reclassifying the incumbents in the Division of Water Quality and appropriating funds pursuant to Schedule Number 89. Number 22, an ordinance amending Section 21-5-2 of the Codo- uh, Code of Ordinances, abolishing one position of pretreatment manager Grade 117E and creating one position of water quality manager Grade 118E, reclassifying the incumbent in the Division of Water Quality and appropriating funds pursuant to Schedule Number 90. 23, an ordinance amending Section 21-37.1, providing that employees may use accumulated compensatory time, compensatory time in any increment deleting 21.37-1 Subsection Two, providing that the director shall make reasonable rules and regulations regarding the implementation of this section, amending Section 21-38, providing that the two s- swing holidays shall accrue on January 1st of each year and providing that holiday leave time may be used in a- any increment. 24, an ordinance amending certain of the budgets of the Lexington Fayette Urban County Government to reflect current requirements for funds in the amount of $2,100 for the Division of Parks and Recreation, for neighborhood development funds for Dunbar Center treadmill replacement and appropriating and reappropriating funds, Schedule Number 91. Thank you. Are there any motions with regard to those ordinances receiving first reading? I see none, so Madame Clerk, if you'll proceed to give second reading to the resolutions that are entitled to second reading. Resolution Number One, a resolution accepting the bot- bid of Bulk Plants Incorporated establishing a price contract for transmission fluid synthetic for the Division of Facilities and Fleet Management. Number two, a resolution accepting the bid of Safety Clean Systems establishing a price contract for used oil recycling for the Division of Environmental Policy. Number three, a resolution accepting the bids of Halls Signs Incorporated, Safety Co. Incorporated, and Allied Municipal Supply, establishing price contracts for sign mounting hardware, channel post, and related hardware for the Division of Traffic Engineering. Number four, resolution accepting the bid of cru- Countryside Motors in the amount of $109,796 for a dump truck equipped with snow removal equipment for the Division of Facilities and Fleet Management. Number five, a resolution authorizing and directing the mayor on behalf there of county government to execute an agreement with Siemens Buildings Technologies Incorporated for fire alarm testing and inspection for the Division of Community Corrections at a cost not to exceed $23,371. Number six, a resolution authorizing and directing the mayor on behalf there of county government to execute change order number two to the contract with Arnold, Dugan, and Myers for the West Hickman Waste Water Treatments Plant Screw Pump Replacement Phase Two, increasing the contract price by the sum of $25,930 from $1,262,117 to $1,288,047. Number seven, a resolution authorizing and directing the mayor on behalf of the urban county government to execute a wire line crossing agreement with RJ Corman Railroad Central Kentucky Lines for installation and maintenance of electrical service equipment at a cost not to exceed $300. Number eight, a resolution authorizing and directing the mayor on behalf there of county government to execute an agreement with the Board of Education of Fayette County, Kentucky for implementation of an anti-gang juvenile program at the Martin Luther King, Jr. Academy for Excellence at a cost not to exceed $17,000. Number nine, a resolution authorizing and directing the mayor on behalf there of county government to execute and submit a grant application to the Commission on Fire Protection, Personal Standards, and Education and to provide any additional information requested in connection with this grant application, which grant funds are in the amount of $5,309 Commonwealth of Kentucky funds and are for the purchase of health and wellness equipment for the Division of Fire and Emergency Services. Number 10, a resolution authorizing and directing the mayor on behalf there of county government to execute agreements with University of R- Kentucky Research Foundation and the Board of Education of Fayette County, Kentucky for the provision of services under the 21st Century Community Learning Center Program at a cost not to exceed $11,400 for the Board of Education of Fayette County, Kentucky, and $3,000 for the University of Kentucky Research Foundation. Number 11, a resolu- resolution authorizing and directing the mayor on behalf there of county government to execute an amendment to the agreement with Vision Internet Providers Incorporated for the Lexington-Fayette Urban County Government website design at a cost not to exceed $6,695. Number 12, a resolution authorizing and directing the mayor on behalf there of county government to execute a first amendment to grant agreement with the Cabinet for Economic Development State Property and Buildings Commission and Belcan Engineering Group Incorporated ex- extending the evaluation period for the job requirements set forth in the original agreements for an additional year. Number 13, a resolution authorizing and directing the mayor on behalf there of county government to execute an agreement with the Lexington Center Corporation for the 2008 Kentucky Christmas Chorus at a cost not to exceed $25,750. Number 14, a resolution authorizing and directing the mayor on behalf there of county government to execute a rental agreement with Lexington Center Corporation for the 2009 Martin Luther King, Jr. Holiday Memorial Program at a cost not to exceed $9,980. Number 15, a resolution authorizing and directing the mayor on behalf there of county government to execute a rental agreement with Lexington Center Corporation for the use of the opera house at a cost not to exceed $9,100. Number 16, a resolution authorizing and directing the mayor on behalf there of county government to accept a donation from Friends of McConnells Springs for an AV Sharp 65-inch LCD TV for use at McConnells Springs education room at no cost to the urban county government. Number 17, a resolution authorizing and directing the mayor on behalf there of county government to execute a site-specific agreement with Whitereach Br- Brannon Road, LLC, to provide sanitary sewer service to the Jacqueline Sue Bryan McConnell Property Development in Je- Jessamine County at no cost to the urban county government. Number 18, a resolution authorizing and directing the Divi- Division of Traffic Engineering pursuant to Code of Ordinances Section 18-86 to install multi-waste stop controls at Menifee Ave- Avenue and Owsley Avenue. Number eight- nineteen, a resolution authorizing and directing the Division of Traffic Engineering to code- to the Code of Ordi- pursuant to Code of Ordinances Section 18-86 to install multi-way stop controls at Richmond Avenue and Kramer Avenue. Twenty, a resolution authorizing and directing the mayor on behalf there of county government to execute a standard engagement agreement with Gordon Gold- Gillersleeve for design and creation of a park bench sculpture under the Arts Build Communities Project at a cost not to exceed $7,500. Ah, number 21, a resolution ratifying the probationary service- civil service appointments of Rosemary Wilkins, accountant, grade 113E 1,807.69 biweekly in the Division of Revenue effective November 24, 2008. Mary Rice, telecommunicator, grade 111N 14.435 hourly in the Division of Emergency Management 911 effective November 24th, 2008. Brent Clayborn, recreation special- specialist senior grade 113E 1,556.08 biweekly in the Division of Parks and Recreation effective November 24, 2008. Patricia Loney, staff assistant senior grade 108E and 16.315 hourly in the Division of Revenue effective November 24th, 2008. Approving leave of absence for Ra- Rachelle Clayborne, administrative specialist grade 110E requests a 35-day council approved leave without pay from October 21- 22, 2008 through November 25, 2008. Approving the unclassified civil service appointment of Sharon Moore, social worker senior grade 113E 1,980.20 biweekly in the Division of Family Services effective November 24th, 2008. Number 22, a resolution authorizing and direct the mayor on behalf there of county government to execute change order number two to the contract with CDP Engineers Incorporated for design of the West Hickman Trail, increase in the contract price by the sum of $12,950 from $125,300 to $138,250. Number 23, a resolution authorizing and direct the mayor on behalf there of county government to execute an amended deed of easement for sanitary sewer wit- ... Jessamine -- with Jessamine South Elkhorn Water District at no cost to the Urban County government. Number 24, a resolution authorizing and directing the Mayor on behalf of the Urban County government to execute and submit a grant application to the Off- Kentucky Office of Homeland Security, and to provide any additional information requested in connection with this grant application, which grants funds are in the amount of $16,400 Commonwealth of Kentucky funds, and are for the purchase of 16 tasers for the Division of Police. Number 25, a resolution authorizing and directing the Mayor on behalf of the Urban County government to execute and maintenance agreement with Motorola Incorporated for maintenance in the -- on the live scan portable station at a cost not to exceed $2,217. 26. A resolution authorizing and directing the Mayor on behalf of the Urban County government to accept Thompson West as the vendor for various legal publications and online research for the Department of Law at a cost not to exceed $50,000. Number 27. A resolution authorizing and directing the Mayor on behalf of the Urban County government to execute a rental agreement with the Lexington Center Corporation for the 2009 Minority Business Expo and Conference at no cost to the Urban County government. Number 28. A resolution authorizing and directing the Mayor on behalf of the Urban County government to execute a site-specific agreement with Jessamine South Elkhorn Water District and Collins Ford of Lexington LLC to provide sanitary sewer service to the Collins Ford of Lexington development in Jessamine County at no cost to the Urban County government. Number 29. A resolution authorizing and directing the Mayor on behalf of the Urban County government to execute a agreement with Dogwood Trace Neighborhood Association Incorporated $750 for the office of the Urban County Council at a cost not to exceed the sum stated. Number 30. A resolution authorizing and directing the Mayor on behalf of the Urban County government to execute an agreement with the Young Men's Christian Association of Central Kentucky Incorporated for implementation and operation of four family nights at Tates Creek Elementary School as part of the 21st Century Community Learning Center program at a cost not to exceed $1,500. 31. A resolution authorizing and directing the Mayor on behalf of the Urban County government to execute and submit a grant application to the US Department of Health and Human Services, and to provide any additional information requested in connection with this grant application, which grant funds are on the am- amount of $50,000 federal funds and are for continuation of the Parent Resource Center for a Bright Future, a healthy -healt- health tomorrow - Healthy Tomorrows Project at the Family Care Center. Number 32. A resolution amending resolution number 510, 2008, deleting section two and red- restricting automobile traffic on Chiefside Street indefinitely. Number 33. A resolution authorizing and directing the Mayor on behalf of the Urban County government to execute the FY09 purchase of service agreement with Commerce Lexington Incorporated for the facilitation of economic development activities and initiatives at a cost not to exceed $513,000. Number 35, for a resolution initiating a zoning ordinance tax amendment for the Planning Commission considering a recommendation to amend the definitions of dwelling unit and extended stay hotel in Article 1-11 of the zoning ordinance to limit short-term rental of dwelling units being used for z- and zoned for residential purposes. And there's a public hearing on number 35. I'm sorry. Nu- num- resolution number 35 is a industrial revenue bond that has a public hearing s- set to be heard to- today. All right. That would need to be opened and ... We'll open the floor for any comment on the, um, matters raised in item number 35. Does anyone wish to speak to that issue? Seeing none, we'll close the public hearing. Resolution number 35. A resolution of the Lexington Fayette Urban County government approving the execution and delivery by the County of Jessamine Kentucky 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 therefor- thereof to assist Tates Creek Presbyterian Church Incorporated finance and refinance the cost of the construction and equipping of a multipurpose facility con- consisting of the approximate - of approximately 55,500 square feet. Including areas for recreational fellowship and cultural activities, and to finish out a fi- 15,900 square foot area for use as nur- a nursery and classrooms located at 3900 Rapid Run Drive Lexington, Fayette County, Kentucky, and to pay cost of issuance. And that's all. Thank you very much. Is there a motion to approve those resolutions? Move it. Move it. Second. We have a motion by Council Member Beard and a second by Council Member Stevens. Is there any discussion? Seeing none, we'll proceed to vote. Those in favor, please indicate by voting aye electronically. Those opposed to those resolutions, please indicate by voting nay electronically. And Madam Clerk, please call the roll. Mr. Gray. Yes. Miss Henson. Nah. Miss La- Miss James. Yes. Yes. Mr. Lane. Yes. Mr. McCord. Yes. Mr. Meyers. Yes. Dr. Stephens. Ay. Mr. Stennet. Yes. N- Yes. Mr. Beard. Ay. Mr. Blevins. Ay. Mr. Blues. Yes. Miss Crosby. Yes. Mr. DeCamp. Yes. Mr. Ellinger. Yes. And Miss Gordon. Ay. Thank you. Thank you very much. Those resolutions are approved. Um, I'm advised that we have - I'm advised that we have several, uh, motions with regard to the resolutions receiving first reading this evening, and I thought it might be simpler if we just went ahead and took care of them sort of all here on the front end. Um, just in the order of the list I've been given, Council Member James, I think you - did you have a motion? Um, yes, I do. Thank you, Mayor. I move to place on the docket a resolution amending resolution 502-95 to include 253 Market Street in the Market Street and Mechanic Street Residential Parking Permit Program. Second. Thank you. Have a motion by Council Member James and a second by Council Member DeCamp. Any discussion? All in favor of i- adding that item to the docket, please indicate by saying, "Aye." Aye. Opposed, no? Motion carries. Thank you, Mayor. Thank you. Uh, Council Member Stevens. I move to place on the docket, a resolution authorizing the mayor on behalf of the Irvin County Government, to execute and submit a grant application to the Kentucky Board of Emergency Medical Services, which grant funds are in the amount of $10,000, Commonwealth of Kentucky funds, for the purchase of a Gilderscope Ranger Intubation Device for the Division of Fire and Emergency Services. Second. Have a motion by Council Member Stevens and a second by Council Member Gordon to add that item to the docket. Any discussion? All in favor, please say, "Aye." Aye. Opposed, no? Motion carries. Council Member Blues. Thank you, Mayor. I move to amend item number 47 under first reading resolutions to reduce the amount of capital project funds awarded to the Windburn Neighborhood Association from $5,000 for sidewalk replacement to $2,200 for a neighborhood sign replacement. So moved. Second. Council Member has, Blues has moved to add that item to the docket. Council Member Gordon has seconded. Did you make a second? I'm sorry, you're, you, I stand corrected. You're amending item number 47 as specified. Council Member Gordon has seconded that. Any discussion? Those in favor, please say, "Aye." Aye. Those opposed, no? Thank you. And, um, the last one I have is Council Member Stennet. Thank you, Mayor. I move to place on the docket under first reading resolutions, a motion to accept the successful bid for the Series A General Obligation Bonds. Second. Have a motion by Council Member Stennet and a second by Council Member McCord to place on the docket a motion to accept the successful bidder, uh, bidder on the bonds specified. Any discussion? All in favor, please say, "Aye." Aye. Opposed, no? Motion carries. Are there any other motions of which I'm not aware? All right. Madam Clerk, you'll give first reading to the resolutions entitled a first reading. Resolution number 36, a resolution accepting the bid of Eubank and Steel Construction Company in the amount of $16,800 for the Bell House egress door improvements for the Division of Parks and Recreation, and authorizing and directing the mayor on behalf of the Irvin County Government to execute an agreement with Eubank and Steel Construction Company for performances, performance of such services. Number 37, a resolution accepting the bid of Pierce Manufacturing Incorporated in the amount of $597,417 for hazardous materials apparatus for the Division of Fire and Emergency Services. Number 38, a resolution accepting the bid of Pierce Manufacturing Incorporated in the amount of $587,738 for a heavy duty rescue vehicle for the Division of Fire and Emergency Services. Number 39, a resolution authori- accepting the bids of Hydraulic Specialists Incorporated, Superior Hose and Fittings and Custom Cylinders Inter- International Incorporated, establishing price contracts for hydraulic cylinder repair for the Division of Facilities and Fleet Management. Number 40, a resolution accepting the bid of Simplex Grinnell LP in the amount of $164,150 for the Bell House Fire Suppression Sprinkler for the Division of Parks and Recreation, and authorizing and directing the mayor on behalf of the Irvin County Government to execute an agreement with Simplex Grinnell LP related to the bid. Number 41, a resolution accepting the bid of Osbourne Associates Incorporated, establishing a price contract for completed signs, faces and blanks for the Division of Traffic Engineering. 42, a resolution accepting the bids of Scheller's Fitness and Cycling in the amount of $32,856.72, and Fitness Systems Incorporated in the amount of $2,151.38 for the purchase of fitness equipment for the Williams Wells Brown Community Center for the Division of Parks and Recreation. 43, a resolution authorizing and directing the divi- that engineering, planning and environmental evaluations be prepared for the Tates Creek Sidewalk Project. 44, a resolution authorizing and directing the mayor on behalf there of the Irvin County Government to execute a facility usage contract with Fayette County Board of Education for use of the Bryan Station High School gym at a cost not to exceed $1,136.50. Number 45, a resolution authorizing and directing the mayor on behalf there of the Irvin County Government to execute an agreement with Kentucky Utilities Company for relocation of utilities for the Liberty Todds Road, Cadent Town Bypass Project at a cost not to exceed $27,348.27. 46, a resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute an agreement with Kentucky American Water Company for relocation of utilities for the Liberty Todds Road, Cadent Town Bypass Project at a cost not to exceed $462,540. Number 47, as amended, a resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute an amendment to the agreement with Winburn Neighborhood Association Incorporated to reduce the award of $5,000 of capital project funds for sidewalk replacement to 20, to $2,200 of capital project funds for neighborhood sign replacement at no additional cost to the Irvin County Government. Number 48, a resolution ratifying the probationary civil service appointments of Sarah Hendricks, Director of Family Services, grade 120E 2008 8704 biweekly in the Division of Family Services effective November 24th, 2008. Vera Stewart, Administrative Specialist Grade 110N 19.784 hourly in the Division of Accounting, effective November 24th, 2008. Kenneth Benson, Equipment Operator Senior Grade 109N 13.833 hourly in the Division of Waste Management, effective December 22, 2008. Approving the unclassified Civil Service Appointment of Sarah Hanna, Hanna, s- Family Support Worker Senior Grade 112N 23.032 hourly in the Division of Family Services, effective December 8th, 2008. Number 49, a resolution changing the street name and property address of number of 275 Mallwood Lane to 3750 Paris Pike, effective 30 days from passage. Number 50, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute agreements with Joyland Neighborhood Association Incorporated, $500, Andover Forest Homeowners Association Incorporated, $500, Bluegrass Community Action Partnership Incorporated, $1,000, Bryan Station Volleyball Booster Club Incorporated, $600, The Black Church Coalition of the Bluegrass Incorporated, $1,950, Lexington Opera House, excuse me, Lexington Opera Society Incorporated, $1,975, Bryan Station High School PTSA Incorporated, $825, Fayette County 4H Council, $800, and YMCA of Central Kentucky, $1,200 for the Office of the Urban County Council at a cost not to exceed the sum stated. Number 51, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute change order number one to the contract with CNC Fire Sprinkler and, for the Kenwood Community Center contract, increasing the contract price by the sum of $8,219.63 from $87,700 to $95,919.63. Number 52, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a certificate of consideration and accept a deed conveying a temporary construction easement from Grover Pruitt for the property located at 648 Wellington Way for the 3184 Trinity Road Storm Sewer Rehabilitation Project and authorizing payment in the amount of $200 plus usual and appropriate closing costs. Number 53, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute the 2009 general term orders for the Fayette County Clerk and the Fayette County Sheriff establishing the number of deputies and assistants allowed to each and the compensation allowed to each deputy and assistant subject to the limits for each category as specified in the general term orders and subject to the fees collected by the officers respectively and their 75% accounts pursuant to KRS 64-350, subsection one. Number 54, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute change order number one to the contract with CR Cable Construction Incorporated for fiber cable size upgrade West Heckman Fiber Project, increasing the contract price by the sum of $2,865 from $58,000 to $60,865. And number 55, Council Member Blevins, did you have somebody, number 55? Council Member Hanson? Thank you, Mayor. I, um, Ken Cook with Wolf Run Creek is here to speak on the matter. There is some problems with the project Appomattox Bridge and if it would be okay, I would like for Ken to come up and talk. Sure. If there's no objection, I'd be delighted. It's Mr. Cook, I believe. Yes, uh, Ken Cook. I'm Secretary of the Friends of Wolf Run. And you'll have three minutes. Very good. Thank you. Uh, I don't think I'll be as eloquently efficient as your council clerk, but, uh, we'll try. Uh, basically, we, uh, have been monitoring the project on, over Wolf Run Creek in the western part of Lexington, uh, related to, if you advance to the next slide please, and related to, um, the Wolf Run project. Uh, basically, yeah, in terms of th- the, the dimness there. Um, next slide, please. Uh, basically, we were presented with some excellent design plans, uh, by Strand Associat- uh, uh, Strand and Associates, uh, through the supervision of the, uh, uh, Division of Water Quality. It called for a very innovative, uh, replacement project that had components of bioengineering and silt and sediment erosion control that we were very interested in. Also, some interesting engineering components that, uh, uh, provided for a low-cost bridge. Next slide, please. Uh, basically, we wanted to compare those designs to how they were actually implemented once constructed, uh, by the Division of Engineering, who took over, uh, construction supervision of the project. Next slide, please. Uh, through that study, we looked at a prob- and next slide, please. I'm not gonna go through these one by one, but basically, we developed a list of about 15 items that we had issues with concern about, um, that we wanted to discuss with the Division of Engineering. They were submitted to the Divis- Division of Engineering in writing. We understand they are working on a response, but we haven't seen it yet. Uh, next slide, please. For example, in the slide, in the project plans, they call for catchment protection, uh, which many of you have seen if you've been to a construction project. These, uh, this is on plan sheet 13. Next slide, please. Uh, but basically when we went out to the site, these are Division of Engineering photographs, uh, we didn't see the catchment protection. Next slide, please. Uh, this is another time. No catchment protection. Next slide, please. Uh, basically on the inspection report, the Division of Engineering reported that it was not applicable whether or not they were in compliance or not about that. Next slide, please. But it showed up on the bill and we paid them for it. Next slide, please. Uh, we also had issues with, uh, a, a very innovative bioengineering bank stabilization component of the project. Uh, what you see on the right is an example of that over on Roland Drive, uh, where you have toe protection and a, and a, and a gentle slope, uh, with a, a filter mat and plantings of some, uh, some native species. Next slide, please. Uh, basically, but this is an example of downstream river right, we didn't get that. Uh, also downstream river left and it was significantly different upstream, uh, river right. Uh, so, so basically, we were concerned about that. Next slide, please. Uh, also, for example, there were construction entrances where you're supposed to drive your truck, uh, uh, onto an area that you're working. They're supposed to have, according to the stormwater manual, a certain number to stone, filter frabric- fabric. Next slide, please. Uh, but when that construction took place, we didn't see those items. Uh, next slide, please. uh, now our goal here with this discussion with Division of E- of Engineering is not to nitpick their workers and their engineers. We understand how hard they are working on, uh, uh, delivering a, a good product at a low cost and quickly and efficiently. ... uh, but the type of new innovations that we're talking about here, the bioengineering and the silt and sediment erosion control, is stuff that they haven't really paid attention to in the past, as the, uh, USCPA settlement, uh, uh, might indicate. Uh, our hope is to improve a discussion on this, and your help by tabling this resol- not tabling, postponing this resolution until we can com- complete those discussions, uh, would be very helpful in this process. We hope, uh, to proceed with that efficiently. Uh, we kno- we don't wanna deny a contractor money that they are due, uh, but we hope to get your help in terms of, um, getting that resolution tabled. Any... Thank you. I gotta tell you, Mr. Cook, I've been here for almost two years- ... and that was the most efficient presentation I have- ... I have heard . That was 2 minutes and 58 seconds, and it was, uh, full of information. You did a great job. Thank you very much. Council member Henson. Um, I also spoke with engineering today, and, um, Marwan and, uh, two engineers that have some concerns about this project, so I would, uh, like to move to table this until they can get the project corrected. The, or the concerns. We have a motion to table item number 55. That's non-debatable. Those in favor of tabling item number 55, please indicate by saying aye. Aye. Opposed, no. Motion carries. Thank you, Council member Henson. Madam Clerk. Resolution number 56. A resolution authorizing and directing the mayor on behalf of the Urban County government to execute change order number one of the contract with Central Rock Mineral Company, LLC ATS Construction for the Louden Avenue improvements project, increasing the contract price by the sum of $14,556 from $4,589,461.13 to $4,604,017.13. Number 57. A resolution authorizing and directing the mayor on behalf of the Urban County government to execute agreements with Holiday Hills Valley Heights Neighborhood Association, $500, Henry Clay Memorial Foundation, $1,000, Bluegrass Trust for hisfor- Historic Preservation Incorporated, $1,000, Actors Guild of Lexington Incorporated, $500, Friends of Wolf Run Incorporated, $3,000, and Military Missions Incorporated, $950 for the office of the Urban County Council at a cost not to exceed the sums stated. Number 58. A resolution authorizing and directing the mayor on behalf of the Urban County government to end the Lexington Fayette Urban County Government Public Facilities Corporation to execute a deed and any other necessary documents to transfer property located at 120 Sycamore Road, Lexington, Kentucky to the Henry Clay Memorial Foundation. 59. A resolution inviting the Kentucky auditor... Nevermind. Oh, that's, that's right. Uh, excuse me. Number 59. A resolution inviting the Kentucky Auditor of Public Accounts to perform an appropriate audit and examination of the oversight and management and administration of Lexington's Bluegrass Airport so as to confirm the public trust and integrity in the airport, its board, and its governance and accountability systems. Number 60. A resolution amending resolution number 502-95 to include 253 Market Street in the Market Street and Mechanic Street Residential Parking Permit Program. Number 61. A resolution authorizing and directing the mayor on behalf of the Urban County government to execute and submit a grant application to the Kentucky Board of Emergency Medical Review and to provide any additional information requested in connection with this grant application which grant funds are in the amount of $10,000 Commonwealth of Kentucky funds and are for the purchase of a Gilder Scope Ranger Incubation Device for the Division of Fire and Emergency Services. And number 62. A resolution of the Lexington Fayette Urban County government accepting the succes-successful proposal for the purchase of $13,520,000 general obligation public projects bonds series 2008A. Thank you very much. Are there any motions with regard to the resolutions receiving first reading? Council Member Stennet. Yes, Mayor, I, I move to suspend the rules and give second reading. I believe it was on the bonds, it was 64. Two. 62. 62. I have a motion and second to, uh, suspend the rules to give second reading to item number 62. Are there any others? Council member, uh, Beard. Thank you, Mayor. I'd like to suspend the rules also and give, uh, second reading to item number 59. Council member Blues. I'd like to add 47, please. Others? Council member James. Number 56, please. Mayor. Any others? Yes, Mayor. Council member Brooks. I'd like to add number 57, please. All right. Unless there are others, we have a motion to suspend the rules for purposes of giving second reading to items number fif- 47, 56, 57, 58, 59, and 62. Were there any that I missed? Council member- Point. Can we have 55? Point of order. Yes, sir. I move or I request that the question be divided and, uh, to segregate item number 59 for a separate vote. Um, motion -- technically, a motion to suspend the rules is not debatable. Um, I suspect what we can do is note your vote on the motion to suspend the rules in such a fashion as to, to note your separation of your vote on each of these individual motions. I think you can lump them all together except 59, and vote separately on 59. Well, let me put it this way. Is there any objection to suspending the rules in that fashion? We'll do it that way then. Since there's no objection, the first vote will be on suspending the rules for, just to go over the list once more and make sure I've got it right, 47, 50, 56, 57, 58, and 62. All right. Those in favor of suspending the rules, give second reading to those items. Please indicate by saying aye. Aye. Opposed, no. Motion carries. We're now to prepare to vote on the motion to suspend the rules with regard to item number 59. Those in favor, please indicate by voting aye, those, electronically. Those opposed to suspending the rules, please indicate by voting nay electronically. Uh, the vote appears to be ten to five, if my count is accurate. Motion carries. To gives, give second reading. Madam Clerk, if you would give second reading to all of those items, please. Resolution number 47 for second reading. A resolution authorizing and directing the mayor on behalf of the Urban County government to execute an amendment to the agreement with Winburn Neighborhood Association Incorporated to reduce the award of $5,000 of capital project funds for sidewalk replacement to $2,200 of capital project fund for the neighborhood sign replacement at no additional cost to the Urban County government. Number 50. A resolution authorizing and directing the mayor on behalf of the Urban County government to execute agreements with Joyland Neighborhood Association Incorporated, $500, Andover Forest Homeowners Association Incorporated, $500, Bluegrass Community Action Partnership Incorporated, $1,000, Bryan Station Volleyball Booster Club Incorporated, $600, the Black Church Coalition of the B- Bluegrass Incorporated, $1,950, Lexington Opera Society Incorporated, $1,975, Bryan Station High School PTSA Incorporated, $825, Fayette County 4H Council, $800, and YMCA of Central Kentucky, $1,200 for the Office of the Urban County Council at a cost not to exceed the sum stated. 56. A resolution authorizing and directing the mayor on behalf of the Urban County government to execute change order number one of the contract with Central Rock Mineral Company, LLC ADS contr- construction for the Loudoun Avenue improvements project, increasing the contract price by the sum of $14,556 from $4,589,461.13 to $4,604,017.13. 57. A resolution authorizing and directing the mayor on behalf of the Urban County government to execute agreements with Holiday Hills Valley Heights Neighborhood Association Inc. uh, $500, Henry Clay Memorial Foundation, $1,000, Bluegrass Trust for Historic Preservation Incorporated, $1,000, Actors Guild of Lexington Incorporated, f- $500, Friends of Wolf Run Incorporated, $3,000, and Military Missions Incorporated, $950 in the office -- for the office of the Urban County Council at a cost not to exceed the sum stated. 58. A resolution authorizing and directing the mayor on behalf of the Urban County government, uh, on behalf of the Lexington-Fayette Urban County government and the Lexington-Fayette Urban County Government Public Facilities Corporation to execute a deed and any other necessary documents to transfer a property located at 120 Sycamore Road, Lexington, Kentucky, to the Henry Clay Memorial Foundation. 59. A resolution inviting the Kentucky Auditor of Public Accounts to perform an a- appropriate audit and examination for the oversight, management, and administration of Lexington's Bluegrass Airport so as to confirm the public trust and integrity of the air, in the airport, its board, and its governance and accountability systems. And 62. A resolution of the Lexington-Fayette Urban County government accepting the successful proposal of the, for the purchase of $13,520,000 general obligation public p- projects bonds series 2008A. Thank you very much. Is there a motion to approve those resolutions? So moved. Second. Councilmember Ellinger has moved the approval of those resolutions. Councilmember Crosby has seconded. Any discussion? Those in favor then of approving those resolutions, please indicate by voting aye electronically. Those opposed, vote nay electronically. Madam Clerk, please call the roll. Mr. Gray. Yes. Ms. Henson. Yes. Ms. James. Yes. Mr. Lane. Mr. Lane? Yes, ma'am. Thank you. Okay. Did, did you say your vote? I'm sorry. I didn't hear you if you did. Yes. Thank you. Mr. McCord. Yes. No on 59. Mr. Meyers? Yes. Dr. Stephens? Uh, yes, but no on 59. Mr. Stennett? Mr. Beard? Aye. Mr. Blevins? Aye. Mr. Blues? Yes. Miss Crosby? Yes. Mr. Dekamp? No on 59, yes on the rest. Mr. Ellinger? Yes. And Miss Gordon? Aye. Thank you. Thank you. Those resolutions are approved. That takes us down to the communications from the Mayor. They are for information purposes only. Next item on the agenda are announcements. Are there any? Council Member Gordon? Thank you very much, Mayor. Um, I have, uh, just one comment I wanted to make because I know that Sally Stephens is in the audience, and, um, for all of us up here, we know that, uh, we have to, in order to do this job correctly, most of us have supporters who help us along the way. And Doc Stephens' wife, Sally, has been with him, I guess, before merger. Right? No, that was my first merger. And, and I just wanted to recognize your years as supporting Dr. Stephens in, in his work for our community. And thank you very much. Council Member James? Thank you, Mayor. Um, I just wanted to let council members know that I passed out to you earlier something that, um, looks like this. It, it's an ordinance, and it says, "Draft 12-208." Um, this is something for your review regarding the standing committee and, um, the proposed restructuring of the legislative process as far as, um, our Tuesday sessions and standing committees. Um, this is for your review. Um, I hope to get some lively conversation about this on Tuesday, and to be able to move this to the docket, um, for our Tuesday council meeting. So please review this toda- or this weekend if possible. Um, feel free to touch base with me or any other member of the committee, um, for any more information, but I wanted you to be sure to have this for review for Tuesday. Thank you, Mayor. Thank you very much. Our... Are there any other announcements? See none. That takes us down to public comments. I have several people who have indicated a desire to speak this evening. Uh, first on the list is Kevin Williams. Mr. Williams? If you'll step to the podium, you'll have three minutes. Uh, Mayor, I'd just like to say thank you all for, um, standing with your firefighters tonight, and, uh, that's all the time I need. Thank you, Mr. Williams. Next is Mr. McCarthy. Your Honor, Members of the Council, first off, I'd like to say that I oppose Ordinance Number 11, just on general principle. I oppose the closing of any public road. And merely because the adjoining landowners consent to it is not a valid reason to tear out perfectly good pavement that is serving a purpose. Second, with regard to the TIF bonds, I think you're spending the money on the wrong things, at least with regard to CenterPoint. Instead of various frills that have been discussed, what you ought to be doing is buying a couple strips off of that property and widening Upper Street by at least 16 feet to add one more traffic lane and one bike lane to it, and widening Limestone Street by at least four feet to add a bike lane to it. And finally, one of the reasons that I have come back again and again for 34 straight years and pestered you is because when I first appeared before this council in December of 1974, my freshman year at UK, to speak in favor of a road called Rosemont Extension, 10 of the people representing various neighborhood associations who spoke against it all started their speeches with the phrase, "Nobody wants this road." Which, denying my existence was bad enough. Denying the existence of the city's own traffic engineers and planning staff was a tad worse, because they had to know plans didn't draw themselves. And the rest of their speeches were each a little erroneous on facts, in that they kept referring to an arterial street as an expressway. And their overall hostility reminded me very much of another mob that stood in Jerusalem 19 and a half centuries earlier, shouting, "Crucify him." And it is that attitude that got me upset enough to keep coming back and try to out-persist them, even if I don't seem to have any way of organizing an equally big mob. Thank you, Mr. McCarthy. Next, I have, uh, Ken Cook. ... card has voted. All right, we're squared away there. Trevor Cox? No lead comment. Thank you very much. Todd Samuelson? Don't see him. Mr. Cobb. If you'll step to the podium, you'll have three minutes. Peace and love, peace and love to the council. I feel kind of, uh, disrespected tonight. I... Um, you know what I do as a living, Mayor? I shine shoes. I've constantly petitioned you. As many people that's here tonight, I'm sure somebody needs a shoe shining. I don't want to be asking them myself, but we need to begin to think on those terms. While she's reading, how wonderful would it be if somebody was getting their shoe shined? We could do it outside, we can do it downstairs, we could do it on the street, but we gotta start thinking on those terms 'cause we missing money. We playing chess, not checkers. Um, the world is gonna have to get used to the voice of a Black man, um, because we gonna start making critical decisions 'cause we all tied together in a single garment of destiny. What affects you, affects me indirectly. And I asked the Vice Mayor to call me before this council meeting 'cause I wanted to have a serious meeting with him, to give him an opportunity for me to listen to him, 'cause I don't understand the way he perceives me. I'm not the average individual who will campaign for you, help you get you elected, and then once you get behind on that seat, you don't know me, you don't try to help me. And I'm not just saying that directly to you, I'm holding everybody accountable. Other people helped you get elected. My friend talk about the mayor all day long. Y'all have to help people who are in a position to help other people. There should be bags and bags of shoes here tonight. I'm ready to shine. I got the solution. I got a job based on population. I'm trying to be a- asset. I love everybody here tonight. It's ridiculous what we're going through, the gridlock. Nobody's to blame, but we all can be a part of the solution by working together. Peace and love. Thank you, Mr. Cobb. Does anyone else wish to address the council? If not, we'll entertain a motion to adjourn. So moved. Second. Have a motion by Council Member Crosby, a second by Council Member Gordon. All in favor, please say aye. Aye. Opposed, no. Motion carries. Thank you very much. And yet, I can't imagine that you'd want me too. S'wonderful, s'marvelous that you should care for me. Oh, s'awful nice, s'paradise, s'what I love to see. You've made my life so glamorous. You can't blame me for feeling amorous. Oh, s'wonderful, s'marvelous that you should care for me. Oh, you've made my life so glamorous. Now, you can't blame me for feeling amorous. Oh, s'wonderful, s'marvelous that you should care for me. Give me a kiss to build a dream on. And my imagination will thrive upon that kiss. Mmm. Sweetheart, I ask no more than this. A kiss to build a dream on. Mmm. Give me a kiss before you leave me. And my imagination will feed my hungry heart. Mmm. Leave me one thing before we part. A kiss to build a dream on. When I'm alone with my fancies. I'll be with you. Weaving romances. Making believe they're true. Oh, give me your lips for just a moment. And my imagination will make that moment live. Mmm. Give me what you alone can give. A kiss to build a dream on. When I'm alone with my fancies. I'll be with you. Weaving romances. Making believe they're true. Oh, give me your lips for just a moment. And my imagination will make that moment live. Oh, give me what you alone can give. A kiss to build a dream on. Where do you start? How do you separate the present from the past? How do you deal with all the things you thought would last, that didn't last? With bits of memories scattered here and there. I look around and don't know where to start. Which books are yours? Which tapes and dreams belong to you and which are mine? Our lives are tangled like the branches of a vine that intertwine. So many habits that we'll have to break. And yesterdays we'll have to take apart. One day there'll be a song or something in the air again, to catch me by surprise and you'll be there again. A moment in what might have been. Where do we start? Do you allow yourself a little time to cry? Or do you close your eyes and kiss it all goodbye? I guess you try. And though I don't know where and don't know when I'll find myself in love again, I promise there will always be a little place no one will see. A tiny part deep in my heart that stays. You're watching Inside Look, and up next, it's an affair of the arts. Hi, Mayor. Good morning. Hi, I'm Mayor Jim Newberry, and I'd like to talk to you about some important telephone numbers. For fire, theft, and accidents, please call 911. 311 is the number you need to dial for all city services like garbage pickup, sanitary sewers, traffic, and much more. Calling 211 connects you to local health and human services provided through the United Way. Remember, 911 is for emergencies, 211 is for health and human services, and 311 is your connection to city hall. I'm Jim Clark. I'm President and CEO of LexArts, and LexArts is Lexington's United Arts Fund and Arts Council. And as the United Arts Fund, we raise money for the arts and then distribute it to various groups throughout the community. And then as the Arts Council, we manage ArtsPlace and the Downtown Art Center on behalf of LFUCG, and we also do things like Gallery Hop and Art Showcase Weekend. It was, uh, started in the '70s as the Lexington Council on the Arts, and then it merged with Lexington's United Arts Fund in the s- in the '80s, um, and became the Lexington Arts and Cultural Council. And since that is quite a mouthful, we shortened that, uh, about five years ago to LexArts. But it's been around for quite a long time. It was part of the, uh, community arts movement that spread across the country in the late '60s and into the '70s of organizing all the arts groups and trying to find, uh, public and private support for the arts. So it was really designed as a mechanism to help strengthen the arts community here in Lexington. Uh, apart from, um, delving into people's wallets every year with our campaign for the arts, um, we're probably very well-known for Horsemania that happened in 2000. 79, uh, horses graced the streets of Lexington for quite a few months. Um, and funds generated from that have been put into a public art fund. Um, in 2004, we did Dynamic Doors, which we utilized about 200 doors, uh, from Bluegrass Aspendale Housing Project. Uh, when it was demolished, we took the doors, handed 'em over to artists and schools and community groups to create artworks with those doors. Um, and we're preparing to do Horsemania again in 2010 for the, uh, World Equestrian Games. While, um, we know through, uh, quite a few conversations that, uh, we have had with people here in Lexington as well as the Mayor's 2040 planning process that there is a keen interest in public art. And, uh, right now we really don't have the revenue stream to commission permanent works of art, but we did have the funds available to do, uh, a temporary project, and that is how we came up with, um, uh, Balancing Act. Uh, the works will be up for six months. There are 10 sculptures around town. And it really is a way to show the public and, and some of the property owners how we could do this and sort of introduce the idea of public art, get it going, um, so that that might help generate ideas of how we could get a permanent program in place. The genesis of Balancing Act came about when, uh, the downtown master plan, um, suggested Vine Street becoming a linear park. Um, and in those conversations, people were talking about the role that public art could play in that, um, but it was all very distant, you know? It, it's gonna take a very large, um, um, financial effort in order to transform Vine Street into this, uh, linear park, and, um, we thought this might be a great way to jump-start that conversation and just start putting sculpture out there, um, just to see how that could provoke certain ideas of, uh, what Vine Street could become. Um, and also, at the same time, then we, um, launched into the debate about CentrePoint, and... Then also through the mayor's 2040 plan, the key question, or the grounding question is how do we balance growth while preserving the things that we, um, cherish? And I think that's, you know, sculptures are dealing with the idea of balance all the time, um, in a very formal way in terms of the engineering of their works, but also in a metaphorical way. And so what we did was put out a call for artists, uh, sculptors saying, "The idea is let's, let's put together a collection of work that really begs the question of achieving balance or how do you maintain balance." And this way, it's sort of artists get to part- participate in this larger conversation about balancing the growth of Lexington, uh, while protecting the bluegrass or protecting our way of life here. So, um, it's just our way of throwing ourselves into a larger conversation that's, uh, impacting the growth of the city, but also stimulating the ideas of what our city, um, sidewalks could look like if art was more a part of it. But we have, um, quite a few local artists like James Wade, uh, who teaches at UK, uh, Tony Higdon and Erika Strecker, um, who have their, um, gallery and workshop over at, uh, Newtown and 3rd Street. Um, and actually, their, their studio, uh, and gallery space is, is, the gallery is open to the public, and you can see quite a f- few of their works. Um, and then we have artists from around, from throughout the region, Berea and Louisville and other parts of Eastern and Western Kentucky. And if artists are interested, they could always send us, um, either a JPEG or a DVD with their images on that. Uh, we're constantly looking. Um, at the end of six months, we'll be looking for another crop of artists. Uh, we worked with an advisory group that helped select the artists. It was the same advisory group that helped us with the mural project. Um, so we're really building a support system, uh, to get public art going here through this project. Actually, the, uh, sculptures are primarily located on Vine Street from Broadway to Limestone.