# Urban County Council Work Session - March 10, 2009 > Auto-transcribed civic record · Council · March 10, 2009 - **Permalink**: https://meetings.lexingtonky.news/meeting/805 - **Source video**: https://lfucg.granicus.com/player/clip/805?view_id=14&redirect=true - **Date**: 2009-03-10 - **Body**: Council - **Last revised**: June 17, 2026 - **Length**: 12,789 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 Urban County Council met on March 10, 2009, with Newberry presiding. The meeting covered 7 agenda items, all of which were approved, spanning a range of topics including rezoning requests, ordinance amendments, funding resolutions, and local infrastructure matters. Across the course of the meeting, 12 motions and votes were recorded and 1 public comment was heard. Notable items addressed included a resolution related to American Recovery and Reinvestment Act funds, the establishment of a Lyric Theatre Working Group, a parking restriction on Alexandria Drive, and regulations concerning golf carts on public roads. ## Attendance All members were present at the March 10, 2009 Council meeting, with no absences or late arrivals recorded. **Present (16):** Newberry, McChord, Ellinger, Lane, Stinnett, Lawless, Gorton, Blues, Gray, Martin, Beard, James, Crosbie, Feigel, Henson, and Myers. **Absent:** None. **Late:** None. ## Votes and Decisions The Council took the following actions at the March 10, 2009 meeting: - **Summary of 3/3/09:** Approved unanimously on a motion by CM Gorton, seconded by CM Blues. - **Budget amendments:** Approved unanimously on a motion by CM Gorton, seconded by CM Gray. - **New business items A–Y:** Approved unanimously on a motion by CM Beard, seconded by CM Gorton. - **Zone change (Light Industrial to Highway Service Business):** A motion to place on the docket without a hearing for the March 12, 2009 Council Meeting an ordinance changing the zone from Light Industrial (I-1) to Highway Service Business (B-3) for 2.82 net acres passed unanimously, subject to certain use restrictions imposed as conditions of granting the zone change. Motion by CM McChord, seconded by CM Ellinger. - **Article 1-11 amendment referral:** A motion to refer an ordinance amending Article 1-11 to the Planning Committee passed on a roll call vote of 12 ayes to 1 nay, with 1 abstention. CM Gorton cast the lone dissenting vote. Motion by CM Lane, seconded by CM Ellinger. - **American Recovery and Reinvestment Act resolution:** A motion to place on the docket for the March 12, 2009 Council Meeting a resolution authorizing and directing the Mayor to apply for any available funds arising from the American Recovery and Reinvestment Act passed unanimously. Motion by CM Lane, seconded by CM Ellinger. - **Section 22-53.1 amendment:** A motion to place on the docket for the March 12, 2009 Council Meeting an ordinance amending Section 22-53.1 of the Code of Ordinances passed on a roll call vote of 13 ayes, 0 nays, and 1 abstention. Motion by CM Stinnett, seconded by CM McChord. - **Amended docket:** Approved unanimously on a motion by CM Lane, seconded by CM Lawless. - **Lyric Theatre Working Group:** Approved unanimously to form a Lyric Theatre Working Group on a motion by CM Stinnett, seconded by CM Henson. - **Parking restriction on 1300 block of Alexandria Dr:** Approved unanimously on a motion by CM Ellinger, seconded by CM Crosbie. - **3/10/09 NDF list:** Approved unanimously on a motion by CM Beard, seconded by CM McChord. - **Golf carts on public roads:** Referred to the Services Committee unanimously on a motion by CM Stinnett, seconded by CM Feigel. ## Budget and Financial Actions The Council approved a wide range of financial and contractual actions at the March 10, 2009 meeting, spanning public safety, infrastructure, legal services, and environmental programs. **Professional Services and Contracts** - **171-09 & 172-09:** Authorized Professional Service Agreements with **L. Lianne McBride** and **Jessica Collins**, both Sexual Assault Nurse Examiners (SANE), for the performance of forensic examinations. - **173-09:** Authorized a Partner Agreement with the **University of Kentucky Bluegrass Healthy Marriage Initiative (BHMI)**. - **176-09:** Authorized an Engagement Letter for Legal Services with **Terry Sellars** of **Henry Watz Gardner & Sellars, PLLC**. - **190-09:** Authorized a Master Software License Agreement with **Devomni Corporation**. - **192-09:** Authorized an Engineering Services Agreement with **CDP Engineers, Inc.** regarding the Appomattox Road Letter of Map Revision (LOMR) and the Sherwood Drive Drainage Improvements Projects. **Grants** - **193-09:** Authorized submission of an application to the **Kentucky Justice and Public Safety Cabinet (JPSC)** for participation in the Law Enforcement Service Fee Grant Program for FY2010. - **194-09:** Authorized submission of an application to the **JPSC** for continuation of the Street Sales Drug Enforcement Project for FY2010. - **191-09:** Authorized submission of an application to the **Environmental Protection Agency (EPA)** under the Community Action for a Renewed Environment (CARE) Program. **Easements and Property Actions** - **174-09 & 175-09:** Authorized Deeds of Acceptance for permanent sidewalk and temporary construction easements related to the **Georgetown Street Sidewalk Improvements Project**. - **182-09 through 189-09:** Authorized multiple Deeds of Acceptance for temporary construction and permanent right-of-way easements related to the **Clays Mill Road Improvements Project**. - **177-09:** Authorized a Deed of Acceptance for property at **138 Northwood Drive** under the Northwood Drive Storm Water Project. - **178-09 & 180-09:** Authorized Deeds of Acceptance for permanent sanitary sewer and temporary construction easements regarding the **North Elkhorn Force Main Project**. **Other Actions** - **179-09:** Authorized Change Order No. 1 to a contract with **Spectrum Contracting** regarding the Gainesway Pond and Educational Trail System Project. - **181-09:** Authorized an amendment to Resolution No. **273-2008** to change the name of an approved company under a **Kentucky Jobs Development Act (KJDA)** inducement. - **195-09:** Authorized acceptance of a donation of an **Image 2000 Treadmill** from **Judy Craft**. No dollar amounts were specified in the record for any of these items. ## Public Comment [timestamp: 0:00] One member of the public addressed the Council during the public comment period. - **Mark Winkler** spoke regarding the **Gainesway Pond project**. Winkler raised concerns about the environmental impact of the project, specifically citing violations of the Clean Water Act. He urged the Council not to approve any additional funds for the contractor associated with the project. ## Appointments The Council took action on two appointments to the Green Space Commission during the meeting. - **Bridget Collier** was appointed to the Green Space Commission. - **Dr. Blues** was appointed to the Green Space Commission. Both individuals were appointed to serve on the Green Space Commission, bringing the body two new members as a result of the Council's action at the March 10, 2009 meeting. ## Contested Items - **Ordinance Amending Article 1-11:** This item produced the meeting's only notably divided outcome, with the council voting 12-1 with 1 abstention to refer the ordinance to the Planning Committee. The split vote indicates that while a strong majority supported sending the matter to committee for further review, at least one council member opposed the referral and one chose not to vote either way. The available data does not specify the particular provisions of the amendment or identify which council members cast the dissenting or abstaining votes. ## Requested Rezonings / Docket Approval The Council discussed placing an ordinance on the docket to rezone approximately 2.82 net acres at 3695 Nicholasville Rd. The proposed change would convert the property from a Light Industrial (I-1) zone to a Highway Service Business (B-3) zone. CM McChord and CM Ellinger were the key speakers during this agenda item. The Council considered the rezoning request and moved to approve placing the ordinance on the docket. The measure was approved. ## Ordinance Amending Article 1-11 The Council took up an ordinance proposing amendments to Article 1-11, specifically targeting the definitions of "dwelling unit" and "extended-stay hotel." **Key Speakers:** - CM Lane - CM Ellinger **Discussion and Outcome:** CM Lane and CM Ellinger were the primary voices on this agenda item. The ordinance under consideration sought to revise the existing definitions of "dwelling unit" and "extended-stay hotel" within Article 1-11, though the specific nature of the proposed definitional changes is not detailed in the available record. Following discussion, the Council voted to refer the ordinance to the **Planning Committee** for further review rather than acting on it directly. The referral was approved. > *Note: No transcript timestamp is available for this agenda item. For the precise moment of discussion, viewers should consult the full meeting video for the March 10, 2009 Council meeting.* ## Resolution for American Recovery and Reinvestment Act Funds The Council considered a resolution authorizing the Mayor to apply for funds available through the American Recovery and Reinvestment Act (ARRA). Key speakers on this item were CM Lane and CM Ellinger. The resolution centered on granting the Mayor authority to pursue ARRA funding opportunities on behalf of the city. No additional details regarding the specific programs, funding amounts, or project types targeted by the application are available from the meeting record. The resolution was approved by the Council. ## Ordinance Amending Section 22-53.1 The Council considered an ordinance to amend Section 22-53.1 of the Code of Ordinances, addressing two specific changes to police academy and recruitment requirements. The proposed amendments would: - **Remove the requirement** for the city to hold two police academies per year - **Extend the police recruit eligibility list** from 12 months to 24 months CM Stinnett and CM McChord were among the key speakers during the discussion of this item. The ordinance was ultimately **approved** by the Council. ## Lyric Theatre Working Group The Council discussed the formation of a working group tasked with developing a business plan for the Lyric Theatre. CM Stinnett and CM Henson were the key speakers on this agenda item. The discussion centered on establishing the working group as a structured body to move forward with planning efforts related to the Lyric Theatre. The Council considered the purpose and scope of the working group, with the goal of producing a viable business plan for the venue. The Council approved the formation of the Lyric Theatre Working Group. ## Parking Restriction on Alexandria Dr The Council considered a resolution to restrict parking on the 1300 block of Alexandria Dr. Council Members Ellinger and Crosbie were among the key speakers during the discussion of this item. The resolution was approved by the Council. *Note: Detailed information about the specific arguments presented, concerns raised, or the nature of the debate is not available in the provided record for this agenda item.* ## Golf Carts on Public Roads The Council discussed the topic of allowing golf carts to operate on public roads. CM Stinnett and CM Feigel were the key speakers on this agenda item. Following the discussion, the Council approved referring the matter to the Services Committee for further review. No additional details regarding specific arguments made, concerns raised, or the scope of any proposed ordinance are available from the meeting record. --- ## Decisions - **Motion** — passed (0-0): Place on the docket without a hearing for the March 12, 2009 Council Meeting, an ordinance changing the zone from a Light Industrial (I-1) zone to a Highway Service Business (B-3) zone for 2.82 net acres - **Motion** — passed (12-1): Refer an ordinance amending Article 1-11 to the Planning Committee - **Motion** — passed (0-0): Place on the docket for the March 12, 2009 Council Meeting, a resolution authorizing and directing the Mayor to apply for any available funds arising from the American Recovery and Reinvestment Act - **Motion** — passed (13-0): Place on the docket for the March 12, 2009 Council Meeting an ordinance amending Section 22-53.1 of the Code of Ordinances - **Motion** — passed (0-0): Approve the amended docket - **Motion** — passed (0-0): Approve the summary of 3/3/09 - **Motion** — passed (0-0): Approve the budget amendments - **Motion** — passed (0-0): Approve new business items A-Y - **Motion** — passed (0-0): Form a Lyric Theatre Working Group - **Motion** — passed (0-0): Restrict parking on the 1300 block of Alexandria Dr - **Motion** — passed (0-0): Approve the 3/10/09 NDF list - **Motion** — passed (0-0): Refer the issue of golf carts on public roads to the Services Committee --- ## Full transcript ... Five Olympia Road, Lexington. I'm here to talk about the Gainesway Pond project again. It's been three years this project's been going on. This is phase two. I'm not sure how many of you are familiar with phase one, but they dumped in the creek 23 times, and they were cited, and they didn't do anything to clean it up. This time, if you wanna see the photos of the second contractor's, phase two, how the creek changed colors, you're welcome to look at them, but I doubt if anybody will, because they won't return my phone call when I called them about this. I don't know why. I guess it's because it's EPA money. This was an EPA-funded project. The state cited them for violations of the Clean Water Act two years ago, and I'm getting, I'm still dealing with it with my insurance company that behind my house is the creek that they polluted, and I'm still having to deal with it two years later with my insurance company. You guys don't l- uh, even the, nobody knows. There's two holes this big near the pond, and they pump everything into those holes. And I asked them, "Do you know where those holes end up?" And they say, "No." They go directly into the creek and they coat, they kill everything. It's, it, it's the food chain. I don't know why su- nobody understands. It's the food chain. The f- fish eat those things. The turtles eats those creatures that live in the bottom of the creek. And it, it's really been frustrating, but I'm a- I'm here today to ask you to not give additional funds to this contractor. $29,000 they're asking for in additional payments. 10,000 of it is for their workers' state wages that somehow they didn't know about, they were supposed to pay. Mr. Mayor, are you listening? How much time do I have left, sir? Well, I was looking at the clock. How much time is there left? So tell me. I don't know, Mr. Weaver. I haven't had a chance- Okay. ... to look at the clock. Well, then why don't you pay attention, please? They didn't pay attention when Joan Beck was speaking. It's a dollar, fi- it's a minute- The Law Department- ... and five seconds. ... didn't even pay any attention when Joan Beck was speaking. They were back there chatting. This is important. I don't know, it, it's amazing that you guys are talking about grievances today by employees. Guess what? This is one by a citizen, and you have refused to meet with me on a numerous ca- occasions. In fact, you kicked me out of two public meetings. Y- you, i- or you, or, you were in the room both times. Number three strike. Go ahead and escort me out one more time. You wanna do that? I'm done. Thank you. Does anyone else wish to address matters that are on the agenda today? Seeing none, we'll move along. Um, we do have a docket to approve, and I have a note from our clerk that, uh, we need to address whether we wish to have or not have a public hearing on ordinance number four. Let's see. Motion to- Motion to hear. Oh, sorry. May I? Mayor, motion to put on without a public hearing. Uh, motion, uh, ordinance number four. Second. Thank you. Second. I have a motion and a second to put item four on without a public hearing. Any discussion? All in favor, please vote aye. Aye. All opposed, no? Motion carries. Um, now is there a motion to approve the docket as amended? Mayor, I have a question. Do we not have to do number five? Is that not rec- I think we would. Let me ask, check- Okay. ... with the clerk's office about that. I, I think Mr. Lane- Council member Lane? All right. Thank you, Mayor. Uh, I would like to make a motion to table ordinance number five to refer it to the planning commission for further consideration. So move. Uh, we have a motion and do you wanna- For how long? I'm sorry, I meant to say- Wait, just, wait just a second. ... planning committee and not the commission. You want us to refer it to the planning committee, so the- Right. ... is the motion to table or is it motion to refer? Uh, okay. Well, let's just make it a motion to refer, I think- Okay. ... is better. Thank you. We have a motion to refer item five from the planning committee and a second by Council Member Ellinger. Is there any discussion? Then all in favor of that motion, please indicate by voting aye. Aye. Opposed, no? No. Motion carries with Council Member Gordon dissenting. I do have a comment since it's been referred to planning committee that I think the best thing will be to have a special planning committee meeting dedicated solely to this, because our agenda is set for the next two months, unless you wanna wait longer than that. What, what did, what was your intention in terms of time? Oh, my, my thought... Well, here, here was my thought is the planning commission sent it back and said they felt like it needed additional consideration, and that's why they voted for disapproval. And so I felt that by putting it into our planning, uh, committee, we could do some additional consideration here, and then we could make a decision where to go from there. Uh, that- That's fine. ... was my rationale. That's fine. I'll look for a date when we can have a special planning committee meeting to address that. Thank you. Thank you very much. Any other motions? Council Member Stennet. Uh, I see Bill Salih here. Bill, will this, this will still stay on the docket though and be disapproved, even though we're referring it to our own planning committee, it'll still stay on the docket and be disapproved moving forward? Is that correct? Because referring doesn't actually... Mr. Stennet, I have to admit, I'm not sure how your dockets, uh, work, and- Well, I mean, do, um, in other words, we, we have 90 days to act on this? No. On the- No, this- ... text amendment from the Planning Commission, you have unlimited time. Oh, okay. So we don't have... We're not in any time constraints? That's correct. And they can appeal it regardless of what action we take today? The petitioner's- Right. Yeah, there- Okay. I just wanted to mess that up too. There's not a clock running on the text amendment the way there is for a zone change. Very good. Thank you. You're welcome. Vice Mayor Gray. Just out of interest for council members like me, uh, and also, like, perhaps the public, can we, can somebody explain what we're doing here? We'll let Mr. Salih speak to that issue. Thank you, Mr. Mayor. This is a recommendation from the Urban County Planning Commission on a text amendment that had been initiated by the council late last year. Planning Commission held their requisite public hearing, uh, not quite a month ago, and decided to recommend disapproval of the text amendment back to the council. Council now can choose how to accept that recommendation. Yeah. We've got some new council members that came on board since then too, so it's helpful. Thank you. You're welcome. Thanks, Mayor. Thank you. Council Member Martin. Uh, Mr. Mayor, please let the record show that I abstained from this vote, and, uh, and I'm actually, I have a prior representation of a client directly on this matter, and I'm actually gonna leave until it's done, so. Very well. Thank you. Is there a motion to approve the docket as now amended? I move it. Council Member Lane has moved. Second. Council Member Wallace has seconded that the docket be approved as amended. Any discussion? I- Council Member Stennet. I have additional item I need to place on the docket before we approve it. Everyone should have received an email today in regards to the motion on the, uh, change in ordinance 22-53.1, uh, requirement that the Division of Police hold two academies per year, and to extend the policy in terms of recruit eligi- eligibility from 12 to 24 months, so you should have a copy on this. So I move to place on the docket for Thursday, March the 12th council meeting, an ordinance amending section 22-53.1 of the Code of Ordinances to delete the requirement that the Division of Police hold two police academies per year, and to give the Urban County Council the authority to extend a police recruit eligibility list from 12 months to 24 months. So moved. Have a motion by Council Member Stennet, a second by Council Member McCord to add that item to the docket. Any discussion? All in favor of amending the... All right, Council Member Feagler. I've been in... Sorry. I've been in meetings since, uh, nine o'clock this morning, and so I'm just seeing some of these things for the first time. And I just, I mean, literally handed to me just now. And I'm just concerned about our process here. How, how do things get put on our work session agenda? Is there no deadline for the point where they get onto the agenda? Council Member Stennet, do you wanna address that? Or I'll take a stab at it. Either way. Well, I mean, uh, we do have a process Thursdays before or by noon has been the standard process, but a council member anytime at any meeting can walk an item onto any agenda or any docket. That's the short and sweet version of that, but normally we do like to set the work session packet by Thursdays at noon through a blue sheet process. Uh, this was a request, this particular request from the, uh, Division of Police and the Commissioner's Office to get this moving forward. So I'm sure Commissioner Bennett can answer any detailed questions you need, but we do have Thursday night's meeting as well as two weeks from Thursday night to discuss this. Okay. Thank you. Thank you. Council Member Gordon. Is the, um, intent... I, I also have not had an opportunity to read this. Is the intent because we haven't been having police recruit academies, is the intent to make us compliant with the ordinance? Is that what the purpose of this is? Commissioner Bennett? That is one purpose. Uh, to take away the requirement, the, the, the number of academies per year, uh, because it, it's really not practical. We may need to have fewer academies. We may, may need to have more academies than that. The, the, however, the major focus of this is the ability to extend, uh, the, the duration of the eligibility list. And what's really pushing this one is the availability or potential availability of the co- of the COPS grants money, uh, under the Recovery Act. We wanna be in a position to take advantage of whatever we are able to obtain under that grant very quickly. Um, if we're in a position where the eligibility list has expired, it'll take us six to nine months to go through the recruiting process and the testing to be able to establish a new eligibility list. So we wanna be in the position where we have one in existence, uh, that we can take advantage of quickly. So if this is passed, it would keep the current eligibil- eligibility list in place? Is that what you're- As, as, as I understand it- ... saying? ... Council Member Gordon, what this does is gives you the authority to extend the list. We would have to come back to you with a specific request to do that. But in order to be able to do that, we have to amend the ordinance essentially to give you the authority to extend the list. And do we know if that includes adding more people to the list? Or... At this point, at this point, it would not. It would freeze the eligibility list as it is and extend it? Correct. Thank you. You're welcome. Any further questions on that particular issue? All right. If I, um, recall correctly, we have a motion on the floor from Council Member Stinnett to add that, uh, item to the agenda for, uh, Thursday night's meeting. Any further discussion? All in favor of adding that item to the agenda, please indicate by saying, "Aye." Aye. Oppose, no. I'm going to abstain. Oh. Thank you. Your abstention is noted. Motion is approved. C- Council Member ƒ I may have missed you on the list here just a minute ago. Did you have something else you wished to, to... Did you wish to speak? Okay. Council Member Lane. Is it appropriate at this time for me to walk on a resolution? Okay. I, I move to place on the docket for March 12, 2009, council meeting, a resolution authorizing and directing the mayor to apply for any available funds arising from the American Recovery and Reinvestment Act. So moved. We have a motion by Council Member Lane and a second by Council Member Ellinger. Is there any discussion? Council Member Gordon? Can you explain the gist of this? Uh, yes, ma'am. I'd be happy to. Uh, here's the situation. This came up at the, uh... We had a board, a committee meeting for the American Recovery and Investment Act, and many of the, uh, applications have very short deadlines. And so what this essentially would do is give the mayor the right on behalf of, uh, of the Irving County Government to sign a grant request. However, when it would come back, the council would have to approve it and any financial obligations, but in most cases, this would be just money coming back through the stimulus plan, so it would all benefit the government. But in order to respond on a timely basis and be competitive, we need to accelerate the turnaround time for the mayor's signature. Would these be specific to specific programs for specific- Right. ... amounts? Right. Uh, i- the, uh, resolution... I'll read the full resolution. It says that the mayor on behalf of the Lexington-Fayette, Irving County Government be and hereby is authorized and directed to apply for any available funds arising from the American Recovery and Reinvestment Act, and to execute and submit all grant applications and any other documentation necessary to obtain these federal stimulus funds. And this, uh, resolution will become effective on the date of its passage. And would these have matching money or are they straight out grants? Yeah, well, it's my understanding that the way this is interpreted, this is just to file the, uh, the grant documents. When they come back, the council would have to approve everything in full. And you can ask the legal department if you want to get a... I'm not the attorney on this, but to get an interpretation, if you wish. Okay. Thank you. The time frames for applying for this money as it's, as it's being made, uh, known to us what's available is very tight. And so all this does is allow us to a- to apply for any available grants regardless of what department it might come from from the federal government, or it might flow to here at, uh, LFUCG. And we would make the application, and then if we were, uh, successful, then we would bring it back to the council, and you would have to accept the grant. S- uh, m- many of these discretionary grant applications, um, uh, relative to the stimulus package, the grant, um, match is being forgiven, if you will, but they're rolling out, you know, each day we learn a little more, each day we get a little more information, and the turnaround time on them is very tight. So if we have to... Unless the timing would be just right, we'd bring it here, ask your permission to put it on the docket, uh, to apply for the grant, could take three or four weeks. So we're asking to be able to apply, and then you can decide whether to accept the grants if we're successful. So is the intent to apply for all of them that come then? Is this kind of a blanket? No, ma'am. This is- Oh. W- we would not apply for anything that we did not think we were eligible for or had a opportunity to receive. It would simply be you would... You're allowing us to do that, to make, to make the application for any grants that, that might be appropriate for LFUCG to receive. Okay. Thank you. Sure. Council Member Beard. Thank you, Mayor. Uh, Joe, are you, are you there? Yes, sir. Th- this whole process, um, y- you know, you can't, uh... It's tough to understand, I guess, from what we get from the media. Um, within the process, do we... How do we know what is appealing to the decision makers and what isn't appealing to the decision makers and what qualifies? I mean, I assume there's some kind of a list or rules and regulations about how we go about doing that, but, uh- Yes, sir. ... is there any early warning signals that we get that, uh, if we get our application in, that we, we probably will have it granted? Or how, how does that whole process work, I guess? Well, a significant amount, a majority of the stimulus dollars, will flow to the state or directly to the local governments based upon whatever the current vehicle is. ... um, that, that, we routinely receive funding through, like a block grant, the block grant program. Um, for the percentage of the stimulus money that is, um, competitive, uh, you have to apply for and compete for. Um, I think it's th- the, the uses of the money is pretty specific and it's coming out department by department. Like Friday, the, um, uh, federal education department released their information, what the money could be used for, um, and, and how it would flow, and what was competitive and what it, what is not. Um, and then it, it's on us to determine whether or not we can make a good case for those dollars. Um, and the number one criteria is does it create jobs? Does it add value? Uh, is it an economic stimuli- stimulus program, uh, even though it might not create but a two, or three, or five, or six jobs today, it has the potential to help us create jobs going forward in the, in the, in the near term. So it's um, i- it's a process whereby people, we'll say in public safety, who have experience in- ... applying for these grants that are coming through the various channels. They've dealt with these before, they have a good idea of, of, um, what the, um, federal folks and the sta- state folks are looking for. Uh, the criteria is pretty straightforward about what they will grant. Um, so, uh, the, the most complicating thing is, is they're rolling out pretty quickly and they're rolling out, uh, with very short time frames, which is a good thing. Uh, but it means we have to really watch very closely. Today, uh, th- the United States Department of Agriculture re- released their, um, information relative to how much would be available and it's a pretty detailed document. And while you wouldn't think initially perhaps that there might be, um, opportunities for, for this government embedded in, in that program, I think there are a couple of things that we can apply for perhaps and have a decent chance of getting. Well, y- you know, we read the newspaper not too long ago that we were allocated or granted or whatever $3 billion. And our ask, I think, as I remember off the top of my head was 556 million, which is one-sixth of $3 billion. Maybe a little more than that. Um, and I think we all knew that we weren't gonna get $556 million, but at the same time, um, is that 3 billion fixed or ca- can it be added to and/or subtracted from? And then we f- we focus our efforts primarily at the state level as opposed to Washington? Yes, sir. Uh, yes, sir, to most of everything- All, all of the above. ... that you said. Um, the, the $3 billion number is the statewide number. There are like, um, the housing money is flowing directly from, uh, Washington to the communities. So, um, Austin Sims has been made aware of, of the dollars that he will be receiving, or the housing folks will be receiving. Uh, we're aware that we're getting, I believe, $550,000 in the block grant program. So far, I think, uh, uh, we've been made aware of about $18 million in funding that, that we know is coming to the community, if I remember correctly. Meagher, is that correct? Um, so, um, that's a long way from 400 and, you know, however many million. But each day, uh, uh, a department will roll out their program, and we have to go through those and see if we're eligible to apply and if we have a good case to be made. Some of it will made, the most of it will be made probably directly to the state and, and we'll be competing for that discretionary money. And, and those areas, and maybe you don't know the answer for this, but most, most areas that have gotten severe unemployment, which is not us, uh, I assume the dollars will flow more directly to them or do they look at the m- the merit of the project- My, my- ... in and of itself? ... impression is merit on the competitive grants is, is, uh, gonna be very important. Uh, again, though, the, the majority of the money is going to flow on formula, on a formula basis, based upon perhaps population of the community, um, through the vehicles that that money, federal money generally f- flows through. They may be getting, uh, more money than they would normally get. Uh, there, there may be a forgiveness of the match, uh, for those communities that are hard hit. Um, but, but generally, uh, the grants that we'll be competing for, merit is important. Kinda like in the education, uh, package that came out Friday, there's four, uh, criteria that you have to, you have to satisfy. ... to have a suc-successful application. So if you don't satisfy those four, then you're probably not gonna be successful in getting the grant. Well, that, um, it, just one other thing which I heard on the radio, and I, of course, anything that Ge- Cruiser said is Gospel, but, uh, he must've gotten this from somewhere, that over 50% of the foreclosures in the United States occurred in 35 counties in the United States. And that is unbelievable that there are areas of the country that are, you know, I understand Lee County, Florida, Fort Myers, for instance, 46% for- foreclosures. Mm. And that, um, you know, we weep and gnash our teeth about the economy, and, uh, yet some pla- people are really, really up to it. Yes, sir. Ho- hopefully, we'll, uh, we'll continue to have success. Thank you. Yes, sir. Thank you. Mayor. Council Member Gre- Let me elaborate just a little bit on, on what Mr. Kelley's had to say. I, I think for a while there was a thinking there was going to be this stimulus office in Washington, and you go in the door and they'd give you a check, and you go home. Well, what has wound up happening is the money is being distributed around the country by a multitude of federal agencies, each of which has its own set of criteria. Some of the money is being distributed on a formula basis, a-as Mr. Kelley described. In other instances, it's on the basis of competitive grants. And so each day, as we go through the process, we're getting more and more information, and what the rules are in the Department of Agriculture may be entirely different than what the rules are in the Department of Education for accessing the funds. And so what we're trying to do here is find a way to move quickly to get our application in with the understanding that if we were to be approved and we did have the opportunity to get some money on whatever terms, whether it's matching or outright grants or whatever, we'd come back and get those, those grants approved. And we're just, we're just trying to make sure we have a chance to get our foot in the door with these. I don't think anybody argued with that. Okay. Now Vice Mayor Gray. Yeah, thank you, Mayor. Um, I was just think- when I, when thinking about this and hearing the presentation, uh, Joe and, and the mayor just now, it reminded me that when transport, when railroad was still a very conventional model of transportation, everybody in the country pretty much was familiar with, with, uh, language. It was, um, Senator Barkley and then later vice president, he would often say when he was talking about the need for urgency and speed, he would often say to folks to, uh, "Keep your eye on the rail and your hand on the throttle." And I think what we're talking about here is, is just that sort of environment. Regardless of how it's characterized, this is a marketplace for these funds. And so we're in a competitive environment. And what I, like, and what I've seen from what y'all are doing and the way you're managing is it, is that, you know, you have some folks on the ground, uh, Mr... Uh... Simon. Mr. Simon in Washington, so you've got your, you've got your resources there, and you're talking about focusing on it here. And, you know, I may not agree with some of the choices myself, may not agree with a bunch of 'em, but at the end of the day, the fact that we're getting our oar in the water and we're moving the ball forward is a very big deal. And that's the main reason that I would cede, uh, auth-authority or even, you know, contributions to some of the debates, um, and second Mr. Lane's motion. Thank you. Thank you. Council Member Lawless. Um, my question is are these... Because I'm not on that committee, I don't know what's being considered. Are we, as a council, gonna have an opportunity to see what the priorities are? Yes. Um, at a minimum, when these grant applications come back, uh, if we have the opportunity to receive funds, you'd have an opportunity to, to approve the receipt of those funds. But along the way, and I don't know exactly how often makes sense, but periodically, let me put it that way, uh, I hope we'll be able to bring the council an update from the, uh, commission meetings to let you know where we are. We're getting close to the point now where I think we've got some senses to how the, uh, agencies are going to function, and we're beginning to develop some sense as to some of the goals we want to try to achieve here in Lexington. For instance, we had a discussion last Friday about the prospects of targeting some particular, um, areas of our workforce. We ta-talk about trying to target some minority vendors. Uh, so those kinds of conversations are beginning to take shape, and I would think probably within the next, um, week or two, we ought to be in a position to have, uh, at least a, a, a pretty good series of things to report to the council. Certainly, in the meantime, um, I hope all of you will feel free to come whenever you have the opportunity. We typically are meeting three o'clock on Friday afternoon. Um, those meetings are all open to the public. We just decided this afternoon, primarily due to the fact we've got a pretty full day ahead of us on Friday, we're gonna cancel this Friday's- Okay. ... uh, commission meeting. I was going to make an announcement about that later, and, and those who are members should be receiving a notice of it. But generally speaking, we'll, we'll plan on being there on, at three o'clock on Friday afternoons, and we'd be glad to have you participate. Okay, thank you. ... uh, Council Member Crosby. Yes. Mr. Kelly, um, I have a question for you. Who exactly should we refer, um, our constituents to when they have questions regarding, um, for example, um, ran ap- grant applications and also the initial 556 million, like, I guess, wishlist? Because, um, I know at least in my office, I'm getting a lot of input from constituents. Um, ah, um, I'd like to say positive in some cases, but not necessarily. And, um, since we're not necessarily, or were not necessarily part of the process of the initial wishlist of that, of those monies, who should we direct them to? Because I think when they're calling certain offices, they're getting the runaround on who they need to talk to. So could you give us... Is it you? Yes. Okay. Uh, you can refer them to us. Um, I would tell you that we have a website that, uh- Well, I think that they are going to the website, but I think if they wanna talk to a per- if they wanna talk to somebody, who is that one person or office? Well, I may not be able to address- Huh. ... the specific question. Depending upon if it's a social services issue, then I'm probably gonna to have to redirect that to Commissioner Helm, or public safety to Commissioner Bennett. So my question- But you- ... would be most appropriate that you would be the person to contact and you would be able to defer them to the appropriate- Sure. Thank you. I'd be, be glad to do that. Council Member Lane. Uh, Mayor, would you like to comment on the fact that on some of these grants, there's no, uh, money from Durham County, there, or there's not any co-money required? They waived some of that on some of the grants. Sure. Um. The President's Recovery Act has an assortment of job stimulus projects scattered throughout it. Um, exactly how those stimulus programs are going to work will vary from agency to agency within the federal government. But I think it's, um, I think it's safe to say that there will be, in some instances, formula-driven allocations of money. In some instances, there will be competitive grants. And, uh, in some instances, there will be just discretionary grants made available from various agencies. So, what we're trying to do is, is look at the total array of funding opportunities out there, compare those with the needs that we have identified in our community, and specifically with those needs in our community that can be job generators too. And, uh, our hope is, at the end of the day, we will find ourselves competitive for a number of those grants. The majority of which, uh, don't have a matching component. Um, Council Member Gordon. Thank you. I have one last question. Um, as you're, eh, looking through these as they come in, are, i- in the very beginning of this whole, um, discussion and when we first got notice of this, uh, everyone was to look at shovel-ready projects. Is one of our criteria that, w- well, this is based on an assumption. I'm assuming these grants are one-time or, you know, we're not gonna continue the money through the next 10 years. Yes, ma'am. Is that a safe assumption? Yes, ma'am. Then is one of our criteria to look at projects that don't have a future budget impact? Is, is that, has the group officially adopted that or is that, is that our administration's position? It's been a caution that's been shared with all the communities and all the states from, from the folks in Washington to be sensitive to that. Don't, don't take on something, don't create something that you can't sustain. And to try to, as you say, uh, direct it toward shovel-ready projects, and that can be programmatic or it can be a, a, uh, a capital, uh, program or project. But, but yes, that is a consideration that everyone has to take into con- account before that we would apply for, uh, any funds. So, I would presume then when these are brought to the council, it'll be like other things that will show any future budget impact. Yes, ma'am. Is that correct? Yes, ma'am. Okay, thank you. Does anyone else wish to address the motion to amend the docket to include the item that I think Council Member Stennet originally, uh, oh, Council Member Lane, Council Member Lane put this one on the table? Any further discussion? And those in favor of amending the docket to add the, uh, resolution put forward by Council Member Lane, please indicate by saying aye. Aye. Oppose no? Motion carries. If I, uh, recall where we are in the docket now, we're ready to vote to approve the docket as amended. Is there any discussion on the pending motion? And we do have a motion, Madam Clerk, do we not? Okay. Those in favor of approving the docket as amended, please indicate by saying aye. Aye. Oppose no? Motion carries. Thank you. We have a summary for approval, the summary of the March 3rd work session. Move approval. Have a motion by Council Member Gordon and a second by Council Member Blues to approve the March 3rd summary. Any discussion? All in favor, please say aye. Aye. Oppose no? Motion is approved. Now, we have some budget amendments on pages 12 and 13 of the, of the packet. Is there a motion to approve? Move approval. Second. Have a motion by Council Member Gordon, a second by Vice Mayor Gray, to approve the budget amendments. Any discussion? Council Member James. Thank you, Mayor. I had a question on budget amendment journal number 31276, and wondered if, I don't know if someone from Streets and Roads and Forestry needs to talk about it, or if someone from budgeting. I just had a question of, what's that process? I've not seen the language of debt service principle and decreasing funds to fund something through that, and just needed to get clarification on how that works. And I think Mr. ... Is it Mr. O'Mara coming forward? It'll either be Mr. O'Mara or Mr. Webb, and if you'll give us just a moment, we'll have one or the other here. Sure. We need a table down front, don't we? Better than that, we're gonna have both, it looks like. Okay. I'm not really questioning the purpose or anything, just the process and how this ... how the decreasing funds works. Well, we're gonna take a stab at it. Okay. It's a tight team today. Um, this is trying to fund the salt? Salt. That's correct. The salt for, for the, uh, ice storm, and, uh, we're looking for where tha- those funds may be, uh, financed. And we have delayed the issuance of the 2009 bond issue, so the amount that is already budgeted for debt service will not fully be realized. So we're taking some of the budget that has been earmarked for debt service and use it to pay for the salt. Is this ... Will that debt service ... Are we just tapping, are we tapping into that only for this, or we will be u- utilizing that for other projects as well, for other things as well? W- I don't, I don't know if others, but I know that that's what we did to cover this. Do you know what balance ... Do you know what that balance is? Uh, for? Um, whatever would be the remaining balance of the debt service. Not off the top of my head, no. Okay. Is that something you could get to us, maybe, after this meeting? Yes, it is. Thank you very much. Mm-hmm. Thank you, Mayor. Thank you. Any further discussion? Council Member Stone. H- hold on, Mr. O'Mara, before you leave. I was gonna ask one on this same one. So, uh, I think the council didn't understand what you just said. This is for a future bond issue, correct? This is taken off the principle of a future bond, not one that's already been issued. That's what I think. I may be incorrect on that. Oh, that's a big, that's a big question that we need answered before this can go on, because I, I don't remember us doing this before. I know we do reimbursement resolutions. Mm-hmm. This is not a reimbursement resolution. This is a- Let, let me check with budgeting and make sure that my statements are correct. We haven't bonded anything for 2019 yet. That's right. For future. And because of that, we aren't going to be incurring some of the debt service that we had otherwise projected. And so, I'm, like, 99.9% sure that what you're suggesting is, in fact, the case. This is, this is not coming out of da- of, uh, bond proceeds. It's money that, uh, we had otherwise planned to spend on debt service but we're not going to have to incur. That's what I want to get to, but we need to make sure that that's it, that this is money we set aside that we're not gonna spend in that department. Right. Thank you. I'll, I'll verify. And verify what the debt service ... Was it for streets and roads only or was it a general issue bond for a lot of different departments? If my answer is correct, it was for the total, uh, debt service for 2009 capital improvement plans, which I think had been presented to council, but the bonds have not been issued, and, and the debt will not be incurred in 2009. I just wanna make sure. Council, this wasn't for a specific bond or specific project. It was for all of our bonds we were going to issue, so it's almost like taking it out of the general fund in a sense. And we'll find if I misspoke or not in just a moment. Thank you. I'm out of breath. Sorry . Um, we have $5.9 million budgeted in this fiscal year that we will not need, and I'm not sure what Bill just said, but because of the timing of bond issuances. So, we're using some of those funds to go towards the salt that was not budgeted. So, in effect, by virtue of delaying the, the sale of the bonds, we're not incurring interest expense and other debt service obligations, and that gives us some flexibility to pull the money out of the general fund, that general fund account, and put it into purchase of salt. All right? Anything further on the budget amendments? Council Member James. Just with what you just said, Mayor, so we had, we would have had 5.9 expected to be paid out, and so this is the first deduction, the 144,000 is the first deduction from that 5.9. The 5.9. Is that correct? Right. That's correct. Okay. Is there a list of things that we're waiting to fund that this will be tapped into, that we'll start utilizing this for? N- no. The, the hopes are that we can use this cost ... If you remember, we had a transfer budgeted from the economic contingency in this year, um, to cover the lump sum payouts. We don't believe we're gonna need that money, but it was still a budgeted, um, contribution, if you will, into the general fund that will, um ... And I believe it was about 4.4 million, off the top of my head. Um, so, you know, we hope that the bottom line, we can maintain, um- ... with- with having these funds set aside. So there's not any plan to use these funds. Okay. All right, thank you, Mary. Thank you, Mayor. Lest anyone think we're flushed with cash here, let me- let me tell you, our revenue has not been what we expected either. So, um, we'll- we'll talk about that in a moment, I expect, when the budget committee reports. All right. Any additional questions on the budget amendments? Those in favor of approving them, please indicate by saying, "Aye." Aye. Opposed, no. Motion carries. We're now down to the items of new business. Move for approval, Mayor. Second. Council Member Beard has moved the approval of items and new business. Council Member Wharton has seconded that motion. Um, any discussion? Council Member Feigl? I think Council Member Gaines is first. On that one. Ah- okay. Um, I just wanted to ask about . Um, but- Sorry. I'm asking a question on the change order for the Gaines Way, um, Pond and Educational Trail System project. Um, help me understand why that we are paying additional ... I think it looks like we're paying additional labor for- We're paying- we're- we're paying additional wages. Wages. This project should have been using prevailing wage rates because it falls into the classification of heavy highway construction, and we're using federal funds, which require pe- prevailing wages. For whatever reason, it didn't get bid that way, so we need to adjust this. That's what I was gonna ask is it was not bid that way? Apparently not. So are we liable for that? Or- Well, we're- we're making the correction here to where I don't assume that if we correct it, a- and- and make it whole, that we would not be liable for anything. Oh, I didn't mean us. I just meant if the contractor underbid the project. I wouldn't ... And I have to go back and review all the bids, but if we didn't state specifically in the bid documents- The RFP. ... the prevailing wages, I would assume that everybody bid on the same thing. This was the low bid, as I recall. The first time we bid this, we didn't get any bidders, and we actually had to rebid the thing. So, um, this one was a difficult project to- to begin with because it's one I kind of inherited, and we have to have it finished by the end of this year. Otherwise, we return the grant money we got from EPA. So, um, I could go back and make sure that the- the- the other bids weren't such as that they were higher because they did include prevailing wages and get back with you on that. Um, but I would assume that a smart bidder, if it didn't specify in there, I wouldn't put wage rates in there if I didn't think I had to and potentially cost myself the bid. But it just would be interesting to know if that was included in- in the RFP. Okay. Council Member Stennett. A- Actually, Mayor, my question was just asked with Charlie, but if you could get us that information as to how the RFP was put out 'cause I think that's a major, major issue there. All right. Any other- You know, I have one other ... Sorry. Go ahead. One other question on, ah, T. This was accepting, ah, property on Norwood Drive. Is this ... He's coming back. My assumption is this is a property that was probably, eh, ah, experiencing flooding issues- Yes, ma'am. ... and- and we bought the property? Yes, ma'am. When we- when we do that, and I know we've done that in several, um, instances, um, is there anything done with that property to- to, um, make it more of a detention basin, or is it just left the way, th- you know, the topography is just left the way it is, or? Th- There's a finish grade, and it's reseeded and- and turned back into its passive state. Uh, as far as there- there need to be a detention basin, that's probably not the normal course. It's allowing the absorptive aspect of it. Usually, what I have found is with many of these i- is- is it's- it's a drainage channel. It was built in the floodplain to start with. And so if you're in the floodplain, you obviously- you have to go through a bunch of permitting process and actually increased your costs to build a detention basin. And as we move forward with the stormwater fee and we develop our modeling, if we find that some of our available properties are- are ideal locations for detention basins, clearly we'll- we'll, ah, chart that course. Okay. And do we maintain that property? Uh, right now, Parks and Recreation, I believe, does a lot of the mowing for us, and we do do some outsourced mowing. It's- i- i- it's not exactly where I would like it to be as far as a predictive type of situation, but yes, we are responsible. We're the property owners. We're responsible for maintaining it. And Parks does the maintenance on that? E- e- except, there- it's varying on greenways and some of these other passive uses. It's a little bit of- of Parks, it's a little bit of outsources. And- and I'm actually working with that group, trying to get everything predictable so where it's transparent for everybody about who's doing what. And what does the- the ... What we pay for that property, what fund does that come from? That would be c- ... Right now, it's coming from what is- is considered to be, ah, Fund 1140, which is a outshoot of the general fund, but it was given a unique fund number to be able to track consent decree costs and those type of things. But most of these things are actually bo- uh, bought through bond issuances that were made over the last several years. Council had authorized various bond issuances in order to fund stormwater projects. ... whatever the detail says in -- as far as in the accounting is which f-fund it's coming from, but it's one of those two. Well, the r- the reason I asked what, where the, who took care of it, who maintained it, is we just came from a meeting where the, the Parks Department was saying they're, they're sh-sh-shorthanded at, by about 12 people . So, we're, we're passing along more maintenance for them by using money from this dedicated fund, but we don't have any, um, authorization for maintenance. We don't have any authorization to use that fund for maintenance of those properties, then? I almost feel like you're trying to lead me into saying what I keep saying in the stormwater, uh, task force, is that we don't do a good job of maintaining the things that we have. And that would be my intention, is to maintain these type of things through that funding mechanism. But you're right, is that, that, um, um, it is a struggle to maintain these things. The, the trade-off is, is that we leave somebody and a property that has documented structural flooding. And it was the council's desire, and along with the staff's desire, is that we, we have those properties appraised, and if we can reach a mutual agreement as far as acquiring them and demo-ing them, is that's what we'll do. 'Kay. And that's what the action we're acting for, asking for today. And it is Fund 2522, as reflected on the memo, which is a bond fund. Okay. Thank you. Okay. Thank you. Council member James. Thank you, Mayor. My question's on item F. Um, Dr. Helm, if, um, I see your name listed here, as well as Ms. Hendricks. Just wondering t- wanting to ask a question. Thank you. I can answer for you. Um, just wondered, it looks like there's no fiscal impact to us, but I don't know what our role is going to be with Urban County Government. Can you explain what our role is? Certainly. We're primarily just coordinating this, offering space, the staff to coordinate, and then also we're focusing, we're beginning our focus with folks who are primarily in our facility, or receiving services through our facility . For example, um, starting with the young teen parents, um, some of the work, obviously they're in school there, and so- Mm-hmm. ... they're gonna be providing staff, and the initiative folks will be providing staff to us, to work along with our staff to provide information as part of their kind of elective classes. Okay. And some of the titles on some of the things are kind of interesting. Um, red flags in a relationship, or how not to hook up with a jerk. Okay. That kind of stuff. Um, we're also working through our Hands Our Home Network program with first-time parents. One of the big things is communication around, um, birth of your first child. The third part is what we call the Family Academy, something new that we're starting that is gonna be targeted- ... more at the public. We have a stakeholders task force right now that's identifying what they feel like are the key, um, points, things that they're interested in that they wanna cover. It's a grant through the University of Kentucky. Mm-hmm. It has about 18 more months, and they cover all costs for that. Okay. Can you, um, just keep me, uh, it looks like a great program. Can you keep me up on what happens? Maybe share with the council members how that project goes- Absolutely. ... and the outcomes of that? Mm-hmm. And I think it'll be interesting what the stakeholders come up with, what the folks in the community identify as their issues- Mm-hmm. ... in terms of families. Mm-hmm. Okay. Thank you. All right. Thank you. Thank you, Mayor. Thank you. Any further discussion of the items of new business? Then those in favor of, uh, approving the items of new business, please indicate by saying, "Aye." Aye. Opposed, "No." Motion carries. Council member Stinnet, I believe, uh, you had the Budget and Finance Committee report. Thank you, Mayor, and I appreciate the council's indulgence. Uh, we actually had two, uh, budget and finance meetings this month, so that was the, the reason for the delay in i-reporting that from last week. Uh, first of all, on our, uh, back on our February, or m- yeah, February the 24th meeting, our first item was the Equine Task Force. Uh, we've looked at that over the last year or so, and, uh, we reviewed the eight recommendations that Council Member Steven, uh, while he was chair, brought forward to us, uh, to consider in terms of the equine community. Uh, we also looked at, last meeting, a couple additional recommendations, which wa- one was working with the Fayette County Public School System, about education by the equine industry, as well as, uh, I know Council Member James specifically asked for the financial impact, uh, on our community from, uh, the equine community. So, uh, Council Member Ed Lane has graciously, uh, agreed to spearhead who will take ownership of each recommendation, and, uh, we'll be reporting out o- through over the next 12 months, um, based on those recommendations and the, uh, desired outcomes, and what outcomes, uh, each person has been tasked, uh, in regards to, uh, the task force. Second of all, we had our monthly financial report. We had a new reporting system, a new format, uh, for that report for the first time. Hopefully, council members, you found it a little bit easier to read than our past reports, with a little bit of additional information. I'm just gonna read some of the highlights from that report. Uh, our month- uh, or actually January year-to-date license fee and permit numbers were down. That's your employee withholdings, 1.16 million. Um, the monthly down for that number was 3.4 million, just for the month of January. So that's the, the amount of payroll checks that, that are down. So year-to-date, we're still down 1.1 million. Uh, total revenues, though, year-to-date, are, uh, right at $2 million ahead, uh, but this is due to, uh, the business licensing occupational, um, fee, as well as the business corporate taxes that were filed prior to year, year-end 2008. But the monthly budget for total revenues was down 5.8 million for the month of January. And we're expect to see a lot of those revenues trends, uh, to continue their downward spiral there, so, uh, the next month, um, let's hope the numbers still keep us ahead for the year. Uh, personnel expenses, one number that was actually up 3.7 million were the personnel expenses, uh, year-to-date. One reason of that is the number of retirees that, uh, have left our system, uh- Let's see. Next operating expenses. One good note is the actual operating expenses year to date were down 9.4 million, um, from what we had budgeted year to date. The monthly down was 6.5 million for just the month of January in terms of operating expenses. And then last but not least, the total expenses for LFUCG are down 16.6 million for the year to date through January and the monthly year to date, 15.3 million just for the month of January. So that kinda gives a quick synopsis of our overall financial picture. Um, I know the mayor will be working on the budget and, uh, considered a lot of those numbers heavily in his discussions. Next and last on our agenda was the Lyric Theater task force, um, report out. Or I'm sorry, the Lyric Theater business plan. We heard from several different people during our discussions of that business plan. Uh, we spoke with Susan Hill, the architect that designed the, uh, proposed building, as well as, uh, Juanita Peterson, the Lyric Theater task force chair. Um, our consultant from AMS who developed the business plan that was before us, Arthur Greenberg, also spoke, as well as Jim Clark, um, and Howard, uh, Stovall, who is with the Kentucky Theater, as well as we did have some, uh, little bit of public input at their last meeting. Um, of course, any public, uh, folks that are wishing to speak are free to come this Thursday night, uh, at that meeting and continue the public input session. Um, there was one motion that came out of the, um, Lyric Theater business plan discussion, and I'll bring that motion to the council today, and that was for the vice-mayor to form a taskforce to date, to develop a business plan, um, for the Lyric Theater. Correction. It wasn't a taskforce. What do we correct it to? Work group. Okay, yeah. Working group. Thank you. Uh, we develop a work group for, uh, the proposed business plan for the Lyric Theater. So moved. Have a motion by Council Member Stennet and a second by Council Member Hinson for the vice-mayor to form a work group for purposes of reviewing the Lyric business plan. Any discussion? All in favor of that motion then, please indicate by saying, "I." I. Opposed, no. Motion carries. Okay, and one last item on the agenda. As Council Member Lane and myself and Jerry Suthers are preparing the budget calendar and schedule, we noticed one item we need to change and needs, uh, uh, council approval, which we hope to blue sheet, uh, after today's meeting. But we need to change the mayor's budget address from April 7th to April 14th to give the extra printing time for the budget books and have extra preparation time, uh, to get that budget to us. So unless anyone has any objections or wants to have any discussion today, we're gonna bring that forward to, uh, the council to vote on just moving it one week back to allow additional time to prepare the budget. Is there any discussion on that tonight or t-... I'm sorry? Could you repeat the date? Uh, moving it from April the 7th, which we already advertised, to April the 14th, just a week later. Council Member Lane. Uh, Council Member Stennet, I noticed a couple of, uh, typographical errors in the Budget and Finance Committee report. Do you want me to make those now or do you want me to do it later? Uh, we can do it at the next meeting. Okay, thank you. And correct those. Uh, the mayor's budget addresses normally, um, before work session, y- on a Tuesday, uh, unless he'd like to choose an alternative location and do it somewhere special. I appreciate the invitation, but I'll pass. I, again, I just bring this for you today because we can't wait til the next budget and finance meeting to make this decision. We need to advertise as soon as possible. Okay, that ends my report. Thank you, Mayor. Thank you. Council Member Ellinger. Thank you, Mayor. The Services Committee met, met on March 3rd. All committee members were there. We had three items. The first item on the agenda was the Man-O-War truck restrictions. The police came and spoke to us, and they had consi- some consideration concerns because Dr. Stevens had brought this in committee about an issue that one of the constituents had brought forward that said that they were having issues with Man-O-War and the, and the noise issues. And the police came back to us and said that the considerations that we need to look at was the Man-O-War was constructed to accommodate truck traffic. Enforcement would be labor-intensive. Signage would be needed and, fourth, traffic would be pushed to higher volume corridors. The police recommended no enforcement or that we, um, reconsider the ordinance. And Dr. Stevens brought a, a resolution, um, to looking at this as potential solution as if we would, um, have a, the solution as restricting Jake brakes. The police said that they could do this and what is gonna happen is they're gonna look at putting this into the, the noise ordinance and enforce it countywide and with the signage. So they're gonna come back next council meeting and look at more information on the signage and the cost for that issue. Any questions on that one? Yes, Dr. Blues. Just, uh, just to follow up, the noise ordinance, uh, taskforce is considering the question of exhaust brakes. Thank you. Well, we were gonna ask you to do that, and we're glad to hear you're doing that. So we're ahead of you. Well, we, we like to hear that. Thank you. The second issue was the Alexandria Ward 13, Alexandria Road 1300 block, remove on-street parking and create center turn lanes. Uh, Brad Fraser with Traffic Engineering went over the plan for this area. A motion which I'll move forward by Council Member Hinson to proceed with the restricting parking on the 1300 block of Alexandria Drive as presented by the Traffic Eng- Engineer was second by Council Member Myers and passed unanimously. So moved. Second. Have a motion and a second to approve the recommendation that parking be restricted in the 1300 block of Alexandria. Any discussion? All in favor, please say, "I." I. Opposed, no. Motion carries. Thank you, Mayor. The third item on the agenda was the 2003 Public Utilities Task Force Ice Storm Report and Recommendations. Council Member Gordon put this in to see what we can -- can do better, what has been accomplished since 2003 and what still needs to be done. Dr. Stephens, who it was a busy day for, um, him, came back here and reported on what the overview of the 2003 recommendations were. Commissioner Webb commented, "The things that we learned from the 2003 ice storm," he stated that, "we were able to address things very quickly in this recent ice storm." And then we asked David Freiberg with the Kentucky Utilities, and he came and spoke to us on the overview of the 2003 ice storm recommendations in the most recent ice storm, as to how things went and -- and still what needs to be improved. He stated, "Communication's one of the areas that have made great strides since 2003, but still have a lot of work to be done." Mr. Freiberg stated, "Another area of improved since 2003 is vegetation management. Another area of great interest is the area is underground utilities." He stated, "Underground utilities, a big issue, and will be looked at statewide." Approximately 65% of the new developments statewide are going with underground utilities. We'll keep this in committee and, um, have to decide if we're gonna have to come up with a task force like we did for 2003 or if what we've done to this point is sufficient. At that point, we adjourned at two thous- or two o'clock, 2:51, Mayor. Thank you. Is that correct? Thank you. Any questions? Seeing none, we'll proceed. We're now ready for council reports, and I believe Council Member Gordon is first. Thank you, Mayor. Uh, two items. Um, Thursday night, um, we will have about 19, uh, UK juniors and seniors attending our council meeting. They're in Pat Whitlow's, uh, senior class, and they have been studying local government and they're interested in how policies move forward. And so, they'll be here to see, yes, to see the council in full bloom. And, um, we had a really, I had a really good discussion with them last week, and they are full of questions. And so they have studied. They've been on the internet, looked at our issues. They know what's been on new business, so they'll be here Thursday night to observe. And then the only other thing I have, which is, um, just awesome is to wish Ms. Catherine Duff of the Fairway Neighborhood 101st birthday, to wish her happy birthday this week. She's 101 years old, and, um, it's really something when you can get to be that age and have most of your faculties about you, which she does. So happy birthday, Catherine. Thank you. Council Member James. Thank you, Mayor. I wanted to make a couple announcements. On tonight, at the Living Arts and Science Center, the Martin Luther King Neighborhood Association will hold their monthly meeting. Begins at seven o'clock. Again, that's the Martin Luther King Neighborhood Association at seven o'clock. Um, they've got a pretty full agenda, but it looks really exciting, so I hope to see you there. Um, I also wanted to... It -- it's always noticed on our schedule of meetings, but, um, the Tree Board meets on Wednesday, um, on tomorrow, at 10:30 in the fifth floor conference room. And I just wanted to invite, um, council members or whomever, it's a public meeting, to sit in and, um, engage in conversation with us about trees on the Tree Board. We deal with a lot of interesting issues, and, um, you may be surprised at, um, how many tree issues actually exist here in Lexington, um, but I think after the ice storm and the storms that we've had, um, you should be interested. You should have, um... I circulated a picture couple weeks ago of a tree, um, asking, "Whose responsibility do you think this is?" And I'm interested in your feedback. I didn't put my name on there, um, but I am interested in your feedback if you have an opinion of whose responsibility that tree is that was in that right of way. Um, so offer your comments, and I'd be happy to take those to the Tree Board, or come join us for a discussion about that. I also wanted to, um, announce that, um, we're about wrapping up a couple of the small area plans. Um, one in the East End and one in Central Sector. And on Monday, March the 16th, at William Wells Brown Elementary, we will have the public meeting for the small area plan for East End. And I hope to see you there. It's from 6:30 to 8:00. Um, I've announced this before that, to - to the council members, that the small area plans can be a really good way to get a vision for your community, so I hope that you will come and - and get an idea of how this process works. We've had wonderful, wonderful participation, um, a very involved steering committee, um, and public meetings. And I think that the East End, as well as Central Sector, have been done very effectively, and I'm very proud of the work of the consultants and the residents in that area. So Monday, March 16th, at the William Wells Brown Elementary. The address of that school is 555 East 5th Street, um, and the time is from 6:30 to 8:00. Um, and the notice on here sa-- the little note on here says, "Remember, there's no community without you." And I will close on that. Thank you, Mayor. Thank you. Uh, Council Member Blues. Thank you, Mayor. Uh, the Meadow Thorpe Neighborhood Association meets tonight at 7:00 PM in the, uh, in the community center at the, at, at the Louis M-Meadow Thorpe Park. Look forward to seeing all the neighbors there. Wednesday night, March 11, uh, at five o'clock, the Noise Ordinance Task Force meets in the fifth floor, uh, conference room. We'll be taking up a number of issues relating to, uh... ... topic of noise. And then at 6:30, when that meeting concludes, I go to my granddaughter Lydia's birthday party. She'll be eight years old. And I'm glad to report that she's doing very well in school. On Monday, March 16th, Monday, March 16th, Winburn Neighborhood Association will hold its monthly meeting, 6:30 PM in Martin Luther King Park Community Center. Thank you, Mayor. That's my report. Thanks. Council Member Beard? Thank you, Mayor. I move approval of the March 10th Neighborhood Development Fund list. Second. Council Member McCourt has seconded Council Member Beard's motion to approve the NDF. Any discussion? All... All in favor, please say aye. Aye. Oppose no? Motion carries. Thank you, Mayor. Vice Mayor Gray. Thank you, Mayor. I'm so excited because it actually got all the way down to me and we've been talking about birthdays, and I never, ever remember to do birthdays. And I'm remembering today, it's Artie's birthday and Jeanette's birthday. << Happy birthday to you. >> Hey, all right. << Happy birthday to you. Happy birthday dear Artie, happy birthday to you. >> And Chuck wants to add something to it. Well, I think it was three of us that were going to wish her happy... Wish both of them a happy birthday, but I think they still have a long way to go they catch Ms. Duff at 101, so. And many more. Uh, I think it's safe to say that, uh, this group needs to be sure we keep our day jobs. But congratulations to both of you. Oh. All right. Uh, council member... Are you through, Vice Mayor Gray? Yes. All right. Council Member Martin. Thank you, Mayor. I just want to announce that the, uh, Beaumont Neighborhood Association's meeting this evening at 6:30 at the Beaumont Clubhouse next to the YMCA. And residents of Beaumont are encouraged to come out and take part in the decisions that affect their neighborhood. Thank you, Mayor. Thanks. Council Member Crosby? You know, Council Member Stennet mentioned this last week regarding the, um, sewer work that's being done on Todds Road. And I'd just like to remind everybody to be patient. I love to hear from the constituents, particularly early Saturday and Sunday mornings, regarding, um, the intersections in the 7th and... 7th District, particularly Maple Leaf Drive and Todds Road and Man O' War. But, um, we have called Traffic Engineering, we have asked them, they... Uh, uh, Kevin and I are fighting it every day, like you all, and we understand that the lights sometimes, only a few cars can get through. We have addressed this with Traffic Engineering. They're working on the synchronization of it and trying to do a little better, but they have to also make sure that Man O' War flows safely and efficiently as well. So it's a very, uh, fine process, so just be patient. It's only through, you know, till the end of this month. And, um, a l- a l- a little last reminder, and, and I'll say this because the police are mon- are monitoring it and I'd hate to see somebody get a ticket for doing this. But, um, at Maple Leaf, the right lane at the bank is not a left turn lane. And a lot of people are blocking that lane and turning left, and it's, um, causing a lot of issues for people who are in the left turn lane because they don't realize the cars in the right turn lane are turning left when they really shouldn't be turning left because it's illegal, and it's about ready to cause some accidents. So just be aware that you're not to turn left out of that right turn lane. Even though it may seem like it's quicker at eight o'clock in the morning and traffic's backed all the way up because you can't go straight, just be patient and be safe. So thank you very much. Thank you. Council Member Stennet? Thank you, Mayor. And to Council Member Crosby's note, that road will be reopened March the 26th. So three more weeks of it, and hopefully it'll, it'll improve that area greatly after we get through there with all the work. Um, one issue, uh, that many of you have probably read in the paper that was passed by our state legislators last year is to allow golf carts, uh, on our neighborhood streets if you live within five miles, uh, of a golf course. And there are, are people interested in Lexington in pursuing that issue, uh, for us to take a look at that ordinance. So I'll make a motion to put that issue into the services committee 'cause it is a public safety issue, and they'll have to have input on whether or not that we, we should allow and how we allow that given- Second. ... the, the state authority to do so. Second. I have a motion by Council Member Stennet and a second by Council Member Figal to refer the item of, um, ph- permitting golf carts on s- city streets to the services committee. Any discussion? Council Member Beard? Uh, Council Member Stennet, does that include Meadowbrook, which does not allow golf carts? It, it includes- It's a l- it's a long afternoon, I understand. Sure. But the state statute does not differentiate between any other golf courses, walking, driving, or whatever it may be in that case, Meadowbrook. Um, it just says within five miles of a golf course. That's, that's fine. That's easier that way. All right. Those in favor of the motion, please indicate by saying aye. Aye. Oppose no? Motion carries. Coun- Council Member Stennet? That's it today. Thank you, Mayor. Council Member McCord? Thank you, Mayor. Just real quickly. Uh, 5:30 to 7:30 tonight is the South Nicholasville Road Small Area Plan Steering Committee Meeting in the seventh floor of the Phoenix building. Uh, and from a, uh, I guess, more 30,000 foot view, e- we hear a lot of negative stuff, we see a lot of, um,, uh, microscopic decision-making that goes on in here. And, and, uh, I was part of something this morning that was, uh, was a really gratifying, uh, experience. We, we had a press conference this morning at 10 o'clock in the Capitol Rotunda, uh, announcing some very special legislation passed by the General Assembly along with a proclamation by the governor supporting, uh, Second Sunday, uh, an initiative to close roads all across the state of Kentucky on the second Sunday of October. Last year, we had, uh, 70 counties that, that did that simultaneously. No state has ever done that. Lexington led the way. ... ah, with 25 hundred folks coming out that day, and, and just a real watershed, ah, eh, day on October 12th last year. Ah, but today was the day where, ah, the legislature has passed a joint Senate and House resolution, uh, repre- Representative Tonya Pulliam from, uh, uh, Greenup County, Representative Susan Westrom from Lexington, uh, Senator Katie Stein sponsored the bill. Uh, Governor Beshear signed a proclamation announcing it, and what this does is it basically allows Kentucky to start leading again, uh, and, and leading in an area where, uh, we, we struggle mightily with our health issues, but also across the country. So, uh, we had hundreds of folks from around the state come today to, to celebrate that, and I just am very appreciative to those, uh, to those leaders at the state level, but also to the University of Kentucky Extension Office and, uh, look forward to October 11th, uh, this year doing that together, but also look forward to the opportunity to do it more frequently than just once a year. Thank you, Mayor. Thank you. Does any other council member wish to report? All right, ready to move on to the mayor's report, and there's one modification I would ask you to make. I had, um, nominated Bridget Collier to serve on the board with, uh, Dr. Blues. I subsequently learned she now no longer lives in Fayette County, so, uh, we would amend the Real Land Management Board, I believe it was, to, uh... I may, I may have my board confused, but in any event, Council, Council Member Blues, you and Bridget Collier were nominated for one board in particular. Do you remember that one? Mm-hmm. I, I do not. Well, let me just see here. This was nominated for what? There, there is in the packet, which I did not bring with me, uh, there we go. Thank you. Green Space Commission. It's Green Space Commission. I apologize. Wrong one. Um, Council Member Blues and, and Bridget Collier were nominated for the Green Space Commission. Ms. Collier has just recently moved away from Fayette County, so she's not eligible to serve, unfortunately. So I would ask for the approval of the mayor's report subject to the deletion of Ms. Collier. Is there a motion? Is there a motion to that effect? Seconded. I have a motion by Council Member Ellinger and a second by Council Member Crosby to approve the mayor's report with that modification. Any discussion? All in favor, please say aye. Opposed, no? Motion carries. Just a couple of other things, uh, very briefly. I mentioned earlier that the, uh, Commission on the American Recovery and Reinvestment Act will not be meeting this, uh, Friday afternoon at 3:00, but we will plan to resume as regularly scheduled on the, uh, afternoon of March 20th. So, uh, uh, and then we'll reschedule, figure out how to work through the, uh, Friday afternoon scheduling issue. And finally, uh, back last summer, I asked the Downtown Development Authority and the Historic Preservation Office to, uh, take a look at our historic buildings downtown to compile an inventory of those. I had originally asked that that work be completed by the, uh, first part of this month, but, um, I, I visited with Betty Kerr this afternoon, and we're gonna shoot for about six weeks from now, and we'll, uh, be bringing a report to the council in approximately that time. That's all I have, um, this afternoon. Is there anyone who wishes to comment to the council on issues that are not on the agenda? Seeing none, I'll entertain a motion. Second. Have a motion to adjourn by Council Member Lane, second by Council Member Crosby. All in favor, please say aye. Opposed, no? Motion carries.