# Urban County Council Meeting - March 12, 2009 > Auto-transcribed civic record · Council · March 12, 2009 - **Permalink**: https://meetings.lexingtonky.news/meeting/809 - **Source video**: https://lfucg.granicus.com/player/clip/809?view_id=14&redirect=true - **Date**: 2009-03-12 - **Body**: Council - **Last revised**: June 17, 2026 - **Length**: 24,923 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 convened on March 12, 2009, at 7:00 PM in Lexington, Kentucky, with Mayor Jim Newberry presiding. The meeting covered three agenda items, including a presentation, second readings of ordinances, and second readings of resolutions. The council recognized a school through the Cans for Cash Contest presentation, which was informational in nature, and proceeded to approve both the ordinances and resolutions brought forward for their second readings. Over the course of the meeting, three votes were taken, three public comments were heard, and one presentation was given. ## Attendance The following 14 members were present at the March 12, 2009 Council meeting: Henson, James, Lane, Lawless, Martin, Myers, Stinnett, Beard, Blues, Crosbie, Ellinger, Feigel, Gorton, and Gray. - **Absent:** McChord - **Late arrivals:** None ## Votes and Decisions Three roll call votes were taken during the March 12, 2009 Council meeting. - **Approval of Ordinances Given Second Reading** [timestamp: 0:21:43]: Motioned by Gorton and seconded by Henson, this vote passed unanimously, 14–0. All members voted in favor: Henson, James, Lane, Lawless, Martin, Myers, Stinnett, Beard, Blues, Crosbie, Ellinger, Feigel, Gorton, and Gray. - **Resolution on Reimbursement of Temporary Advances for Capital Expenditures** [timestamp: 1:52:29]: Motioned by Blues and seconded by Stinnett, this resolution passed 11–3. Voting in favor were Henson, James, Lawless, Martin, Myers, Stinnett, Beard, Blues, Ellinger, Gorton, and Gray. Voting against were Lane, Crosbie, and Feigel. - **Resolution for Temporary Construction Easement from Unitarian Universalist Church of Lexington** [timestamp: 1:52:29]: Also motioned by Blues and seconded by Stinnett, this resolution passed 12–2. Voting in favor were Henson, James, Lane, Lawless, Martin, Myers, Stinnett, Beard, Blues, Crosbie, Ellinger, and Feigel. Voting against were Gorton and Gray. ## Budget and Financial Actions The Council approved several financial actions at the March 12, 2009 meeting, covering capital improvements, environmental planning, and public education initiatives. - **Passenger Elevator at the Carver Community Center:** The Council approved a contract with Jarboe Construction, Inc. in the amount of **$124,990** for the installation of a passenger elevator at the Carver Community Center. No resolution identifier was provided in the meeting record. - **Master Plan Recycling Program:** The Council approved an amendment to an existing agreement with Gershman, Brickner & Bratton, Inc. valued at **$17,965** related to the Master Plan Recycling Program. No resolution identifier was provided in the meeting record. - **Environmental Public Education:** The Council approved an amendment to an existing agreement with Bluegrass PRIDE in the amount of **$80,000** for environmental public education efforts. No resolution identifier was provided in the meeting record. In total, the three financial actions approved at this meeting represent approximately **$222,955** in contracted or amended expenditures. No timestamps or resolution numbers were included in the available meeting data for these items. ## Public Comment Three members of the public addressed the Council during the public comment period, all focusing on the Lyric Theatre project. - **Joe Graves** [timestamp: 28:53] commended the Council for taking time to discuss the financial ramifications of the Lyric Theatre project. He suggested that a feasibility study be conducted before the Council moves forward with the project. - **Freda Merriweather** [timestamp: 31:04] spoke to the importance of the Lyric Theatre to the broader community and urged the Council to fulfill their commitment to the project. - **Jim Clark** [timestamp: 32:07] discussed potential synergies between the Lyric Theatre and other cultural facilities in the area, suggesting that partnerships could be explored as a means of reducing the project's projected deficits. Taken together, the comments reflected both enthusiasm for the Lyric Theatre's community value and concern about its financial sustainability. While Merriweather pressed the Council to honor its existing commitments to the project, Graves and Clark each offered approaches — a formal feasibility study and inter-facility partnerships, respectively — that could help address the financial uncertainties surrounding it. ## Appointments The Council took action on two appointments during the March 12, 2009 meeting. - **Diana Caldwell** was appointed to the position of Social Worker Sr. within the Department of Social Services. - **Angela Williams** was appointed to the position of Social Worker Sr. within the Division of Youth Services. Both individuals were appointed to senior social worker roles, with Caldwell's appointment placing her in the Department of Social Services and Williams' appointment placing her in the Division of Youth Services. ## Contested Items - **Lyric Theatre Project**: The Lyric Theatre project generated significant discussion during the meeting, with debate centering on the financial feasibility of the project and the level of commitment required to move it forward. Concerns were raised about costs and the need for a viable business plan before proceeding. The structured data does not identify specific individuals by name as parties to the disagreement, nor does it record a definitive outcome from the discussion. ## Cans for Cash Contest School Recognition Presentation [timestamp: 11:11] Cheryl Taylor presented awards and certificates to schools participating in the Cans for Cash Program, a recycling initiative recognizing schools for their collection of aluminum cans. The presentation was informational in nature, with no votes or formal action taken by the Council. The recognition honored schools for their involvement in the aluminum can recycling contest, with awards and certificates distributed as part of the program's acknowledgment of participant efforts. No additional details regarding specific schools recognized, award categories, or collection totals were provided in the record. ## Ordinances Second Reading [timestamp: 20:08] The Council took up the second reading of ordinances during this portion of the meeting. The items before the Council included amendments to the Code of Ordinances as well as the issuance of Taxable General Obligation Pension Funding Bonds. Key speakers during this agenda item were Gorton and Henson. The ordinances were presented for their second and final reading before the Council, following the procedural requirement that ordinances receive two readings prior to adoption. The Council approved the ordinances as presented. ## Resolutions Second Reading [timestamp: 1:59:44] The Council took up the second reading of resolutions covering the acceptance of bids for various projects as well as agreements with organizations. Council members Blues and Stinnett were the key speakers during this portion of the meeting. The resolutions presented at second reading addressed multiple items, including bid acceptances for unspecified projects and formal agreements with outside organizations. No specific concerns or debate are recorded in the available meeting data for this agenda item. The Council approved the resolutions at second reading. --- ## Decisions - **Motion** — passed (14-0): Approval of ordinances given second reading - **Motion** — passed (11-3): Resolution on reimbursement of temporary advances for capital expenditures - **Motion** — passed (12-2): Resolution for temporary construction easement from Unitarian Universalist Church of Lexington --- ## Full transcript Let's call the meeting to order, if we could please. Madam Clerk, if you would, uh, call the roll. Miss Henson. Here. Miss James. Here. Mr. Lane. Here. Miss Lawless. Here. Mr. Martin. Here. Mr. McCord. Mr. Myers. Here. Mr. Stennett. Here. Mr. Beard. Present. Mr. Blues. Here. Miss Crosby. Here. Mr. Ellinger. Here. Miss Beigel. Here. Miss Gordon. Here. Mr. Gray. Here. Thank you. Thank you very much. We have a quorum. It's my pleasure to welcome Reverend Kyle Brown from, uh, the Maxwell Street Presbyterian Church to the podium for our invocation this evening. If you'd please stand. Let us pray. Oh, God and source of all authority, we give you thanks for the gift of leadership, and the call you have placed on these leaders to use this gift. We ask that you stir them to restlessness, awaken in this council the wisdom to make decisions that instill hope within your people and our city. Use these men and women, we pray, as agents of change, to break down the walls of hostility, to bind the wounds that yet fester in this city, and to nurture the good that yet flows naturally here in Lexington. Where there is conflicting ideals and overpowering egos, give the members of this council grace to see with each other's eyes, and the conviction to vote with courage that is kind. May the actions of this council be ever vigilant until hunger, oppression, discrimination, pollution, and violence have been eradicated from our streets. This is a daunting task for any one person or council, so we ask, oh God, that you unite all persons of goodwill as we work together toward a better Lexington and a better world. We pray that your kingdom come and that your will be done here on earth, and we pray that we may be given the grace to participate a little bit in its coming. When the meeting is over and the choices have been made, give the members of this council satisfaction and faithfulness, or the will to make change when faithfulness has failed, and the courage to believe you have heard this prayer. We pray in the spirit of the one God, who has guided this city in ages past and will continue to guide this city for years to come. Amen. Amen. Thank you, Reverend Brown. We have a, um, couple of presentations this evening. And let me reverse the order, if you, if you don't mind, and begin by asking Gary Lamb, who I understand is here this evening, to, uh, come to the podium and tell us a little background about some of our scouts who are here with us tonight. Good evening, Mr. Mayor, Mr. Vice Mayor, members of the Urban County Council, and citizens of our community. My name is Gary Lamb, and I'm the Cub Scout Master for Pack 93 at Christ the King Cathedral. This evening, myself and my co-leader, Mr. Rick Bullock, are honored to bring before you the Webelos One den of Pack 93. These 12 young men have successfully completed scouting's requirements to earn the citizenship pin. At this time, I'd like to present their pins if you would be so kind. When I call your name, please step forward to receive your pin, and remain standing until all of our scouts' names have been called. Garrett Amato. William Bullock. Luke Cowan. Jim Dare. Myles Hammill. Garrett Kirby. Wesley Lamb. Conor O'Brien. Trey Tucker. And I'd like to recognize three of our scouts that couldn't be here this evening, Lane Sadler, Cole Skinner, and Peter Whitman. Congratulations, gentlemen, and best wishes in all of your future endeavors. Thanks so much. Uh, it's always a privilege to have Scouts visiting with us, and particularly when they're receiving awards. And I always try to say, uh, to the Scout leaders who come with them, thank you very much. It is a very significant commitment of time and energy that you have to devote to serving as a Scoutmaster or a den leader, and, uh, I appreciate very much the meaningful impact you have on, on Scouts' lives. Now I believe we have a presentation, uh, on our Council Member Courtney. Thank you, Mayor. I just wanted to welcome Dr. Pat Whitlow and her class of, there are about 15 of you here tonight from the University of Kentucky. Glad you could be with us. Why don't you stand so everybody can see where you are here? Thanks. All right. And we also have a presentation on our Cans for Cash program. Uh, Commissioner Taylor, I'll let you lead the conversation here. For the third straight year, the City of Lexington has participated in the US Conference of Mayors Cans for Cash Aluminum Beverage Can Recycling Contest. This contest runs from, uh, October 1st through October 31st, and it challenges cities across the country to collect and recycle aluminum beverage cans. The US Conference of Mayors has presented our community with a $5,000 award for winning the most innovative ideas category for the 2008 contest. The award is given to the community having the most innovative ideas to promote aluminum can beverage recycling during the contest. Lexington competed in the category of cities having a population of 250,000 or more, so we com- competed against some of the larger cities in the United States. This is the second time in three years that Lexington has won this award. Um, our contest efforts were coordinated by the Bluegrass Partnership For A Green Community, which was created by the University of Kentucky, Fayette County Public Schools, and the Lexington-Fayette Urban County Government, with help from Bluegrass Pride and other community partners such as the Tracy Farmer Center. Over 133,000 pounds of aluminum cans were collected during the 2008 contest, so in one month, that's 133,000 pounds and that's equal to 4,200,000 aluminum cans, so it's a lot of beverage drinking. Um, 19 public and private Fayette County schools participated in this contest. Wise Recycling, Baker Iron and Metal, Gordon Scrap and Iron, and the Southeast Center For Aluminum Technology provided monetary prizes to the nine local schools that collected and recycled the highest number of cans per student in their respective size category. Altogether, these 19 schools in one month recycled over 117,000 aluminum beverage cans. Recycling conserves natural resources and energy as we all know, and we applaud these schools' hard work. It's a pleasure to be able to recognize the participating schools that are present today to show our appreciation. Maxine Rutter with Bluegrass Pride and Gary Hoover with the Fayette County Public Schools will now read the names of the participating schools that are present. And I did have one thing to say. Tom didn't know if everyone would be interested but I did wanna show you the board that these certificates are presented on. Uh, in keeping with the need to promote recycling, these plaques that the schools are receiving are a little bit unique, and they're made from recycled sunflower hulls, and they have a plastic cover on them that's made from post-consumer recycled plastic. They were shipped using corn-based protective wrap and they, and recycled content corrugated boxes, plus they were made in the USA so it's a winner on all counts. So Mayor, uh, if you could please come forward, we'd like to present this with you. Oh, thanks. Good evening. Um, Mayor, I would like to, uh, recognize, uh, Athens Charles Burrell E- uh, Elementary School for, um, uh, receiving a certificate today. I, I would also like to recognize, but they're not present this evening, the following schools: Tates Cr- Tates Creek Middle School, Henry Clay High School, uh, Max, uh, Maxwell, uh, Spanish Immersion Magnet Elementary School, Northern Elementary School, Dixie Elementary School, and Leestown Middle School. They all received certificates, uh, this evening. Excuse me, and I also, uh, missed, uh, the two other, um, uh, public schools, James Lane Allen Elementary School, and um- We also had two private schools that participated and will be receiving certificates later, Lexington Christian Academy Junior High and Providence Montessori School. Also this evening, um, the top nine schools who received monetariat, monetary awards, uh, would like to be recognized with certificates and a big check. Uh, the first school I'd like to recognize is Tates Creek High School. This is a check for $750. We had two private schools that participated in the same category as Tates Creek High School, Lexington Universal Academy is here. They also receive a check for $750. And Christ The King School who's not here and they will receive a check for $750. I would also like, like to recognize Cassidy Elementary School that will receive a check for $1000. Also, um, Lafayette High School will receive a check for $1000. And a private school that participated at this category was Montessori Middle School and they will receive a check for $1000. I would like to recognize also, um, Ashland Elementary School, they will receive a check for $1250. And I also would like to recognize Lexington Day Treatment, they will receive a check for $1250. Our last school that will be receiving a check is Sayre School, and it's also for $1,250. Thank you to everyone who participated. Thank you very much. And, um, I think we'll have a few seats freeing up now so that some of you in the back will be able to sit down and, uh, and, uh, perhaps feel a little more comfortable. Madam Clerk, we're ready for the, uh, reading of the ordinances entitled, uh, Second Reading. Number one. An ordinance amending section 21-52 of the Code of Ordinances abolishing one position of administrative specialist, grade 110N in the Division of Accounting and creating one position of administrative specialist, grade 110N in the Division of Human Resources, transferring the incumbent, a- appropriating funds pursuant to budget schedule number 115. Number two. An ordinance of the Lexington-Fayette Urban County Government authorizing the issuance of taxable general obligation pension funding bonds series 2009B in the aggregate principal amount of $70 million, which amount may be increased or decreased by an amount of up to 10% for the purpose of financing the costs of funding unfunded liabilities of the Lexington-Fayette Urban County Government, approving the form of the series 2009B bonds, authorizing designated officers to execute and deliver the series 2009B bonds, authorizing and directing the filing of notice with the state local debt officer, providing for the payment and security of the series 2009B bonds, creating bond payment funds, maintaining the heretofore established sinking fund, authorizing acceptance of the bid of the bond purchaser for the purchase of the series 2009B bonds and repealing inconsistent ordinances. Number three. 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 116. Thank you very much. Is there a motion to approve those ordinances? Move approval. Second. I have a motion by Councilmember Gordon and a second by Councilmember Henderson, uh, Hanson to approve those ordinances. Any discussion? Seeing none. We'll proceed to vote. Those in favor of approving those ordinances, please indicate by voting aye electronically. Those opposed vote nay electronically. And Madam Clerk, please call the roll. Ms. Henson. Yes. Miss James. Yes. Mr. Lane. Yes. Ms. Lawless. Yes. Mr. Martin. Yes. Mr. Myers. Yes. Mr. Stennett. Yes. Mr. Beard. Aye. Mr. Blues. Yes. Ms. Crosby. Yes. Mr. Ellinger. Yes. Ms. Feigel. Aye. Ms. Gordon. Aye. And Mr. Gray. Yes. Thank you. Those ordinances are approved. Madam Clerk, if you give the first reading to the ordinances entitled to first reading. Number four. An ordinance changing the zone from a light industrial I-1 zone to a highway service business B-3 zone for a 2.82 net 3.70 gross acres for property located at 3695 Nicholasville Road, subject to certain use restrictions imposed as conditions of granting the zone change. Number five. An ordinance relating to stormwater discharges creating Section 16-1F of the Code of Ordinances defining terms and creating Article 10 of Chapter 16 of the Code of Ordinances to ensure compliance with the Urban County Government's MS4 permit and reduce impacts to public health, welfare and the environment due to stormwater runoff, incorporating the stormwater manual by reference, expressing intent to ensure adequate maintenance of stormwater control devices on private property, providing that in residential areas where a public easement for a stormwater control device exists, the private property owner is responsible for non-structural maintenance of any stormwater control device, providing that in residential areas where a public easement for a stormwater control device exists, the Urban County Government is responsible for all structural repairs necessary to maintain the stormwater detention function of the stormwater control device, but the government shall not undertake any action to maintain the stormwater control device as a retention facility that permanently contains water, providing that in a residential area where no public easement exists, the property owner is responsible for all non-structural maintenance and structural maintenance of the stormwater control device, providing that no trees, structures, equipment, unsafe conditions or conditions that adversely affect control of water quantity or water quality shall be permitted in stormwater control devices in residential areas, providing that all maintenance and repair of stormwater control devices in commercial and industrial areas is the responsibility of the owner or manager of the property, providing for notice of any maintenance or repair problems, providing that where a stormwater control device is con- located fully or partially underground, the owner or manager shall cause an annual inspection to be performed and reported to the Division of Water Quality, and providing that no strees- trees, structures, equipment, unsafe conditions, conditions that adversely affect control of water quantity or water quality shall be permitted in stormwater control devices in commercial and industrial areas. Number six, an ordinance authorizing and directing the mayor on behalf of the Urban County Government to accept a grant from the Environmental Protection Agency, which grant funds are in the amount of $20,000 federal funds are for health education and outreach to the underserved Medicaid pediatric population in Fayette, Bourbon, Clark, Jessamine and Madison Counties regarding exposure to lead-based paint poisoning. The acceptance of which does not obligate the Urban County Government for the expenditure of funds, appropriating funds pursuant to Schedule Number 118 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 117. Number eight, an ordinance amending Section 22-53.1 of the Code of Ordinances, deleting the requirement that the Division of Police conduct at least two police academy classes per year. Providing that upon request, the Urban County Council may extend a police eligibility list from 12 months to 24 months, and deleting the requirement for quarterly oral and written examinations. Thank you very much. Are there any motions with regard to those ordinances? I see none. So Madam Clerk, if you'll proceed to the reading of the rel- I believe there was a motion to walk on an ordinance. Does anyone have a motion? I move approval. Sorry. We're going on. All right. If, we'll proceed with the reading of the resolutions entitled a second reading. Number one, a resolution accepting the bids of 2MC Lawn Care, LLC, A+ Lawn & Landscape, Incorporated, BJ Mowing, Central Kentucky Turf Incorporated, Cut Above LLC, G&G Lawn Care LLC, Gainesway Services, Gault's Lawn Care, Happy's General Contracting and Maintenance, Hunter's Lawn Service, J&S Turf Mowing, K&M Mowing LLC, Landscape Supply and Design, Lexington Turf Maintenance LLC, McGee Springs Incorporated, Robertson Mowing Service LLC, Wright's Farm Services Incorporated, Wright's Home Improvement and Mowing LLC, and ZKB Construction Services and Maintenance, establishing price contracts for mowing city areas, medians, nuisance and downtown parks for the Division of Parks and Recreation. Number two, a resolution accepting the bid of MADRAX, doing business as TriLari Incorporated, establishing a price contract for trail bollards for the Division of Parks and Recreation. Number three, a resolution accepting the bids of Insight Pipe Contracting Incorporated, Insituform Technologies Incorporated, Leak Eliminators LLC, Pipe Eyes LLC, Reynolds Inliner Incorporated, Sanitary Management and Engineering Company Incorporated, Tobacco Rose Farm Construction and Development Services, Triton Services Incorporated, Underground Technologies Incorporated, and Woodall Construction, establishing price contracts for sanitary sewer system rehabilitation for the Division of Water Quality. Number four, a resolution accepting the bid of Jarbo Construction Incorporated in the amount of $124,990 for the passenger elevator at the Carver Community Center for the Division of Parks and Recreation and authorizing and directing the mayor on behalf of the Urban County Government to execute an agreement with Jarbo Construction Incorporated related to the bid. Let me interject at this point. I am advised that we have about eight or ten folks who have indicated a desire to speak on item number five, and I'd asked the, uh, council if there's any objection to hearing those individuals now or whether you'd rather wait till later. Um, all right. There's no objection. We'll proceed down the list as it has been provided to me. What I'd asked that you do is when I call your name, if you would step to the podium, give us your full name and address, and you'll have, uh, three minutes to address the council. And there'll be a clock, I think, on the screen here, or, uh, just over the, the, uh, clock on the wall there. And, uh, we'll just go through them in the order they appear on the list. The first individual who I have is Joe Graves. Mr. Graves, if you would, uh, step to the podium. And the next person I have scheduled to speak is Harrison Madison. Mr. Madison, if you're here. It's Mr.- Okay, you're close by, so we're in good shape. Uh, Mr. Graves. I'm Joe Graves, 1306 Fincastle Road. I just wanna k-command the mayor and council for discussing the financial ramifications of the Lyric Theater and African American Museum proposal. I think that's really an appropriate thing to do and a great use of your time. I just have this one suggestion, and that is that I hope you'll really reconsider and take action to get a feasibility and viability study. I think when you try to sell bonds next year or when you do sell bonds next year to recover the six million that you're thinking about advancing, I believe the people who issue those bonds will require such a study. And I would like to see you have that study in hand before you vote, uh, to, uh, to move forward on this. Thank you very much. Thank you. Mr. Madison, if you'd step to the podium. And the next person I have is John Young. Mr. Young. Mr. Young. Excuse me. You Mr. Madison or, and Mr. Young's right there with you. I didn't, didn't recognize him. If I may be permitted to pass my minutes on to Brother George Brown. That would be- Is that acceptable? That would be very appropriate, yes. Would you mind doing Mr. Brown? Oh my goodness. I don't know whether or not we can allow George Brown nine minutes to speak tonight. We're tempting fate here. That- that is quite all right. Uh, Freda Merriweather. Freda, if you'd step to the podium, and then... Thank you, Mayor. Uh, my name is Freda Merriweather. I am a task force member of the Lyric Theatre. I have been before you before. Just want to come back again and reiterate the importance of the Lyric Theatre. Uh, in October 2006, the current, not the council now, but the council then approved the conceptual design at 5.8 million and 29,000 square feet. Whatever you were thinking of, the 13 was years ago. Let's get past that. Let's go 2006 on. Let's not keep going back. Um, many of you sit here now that were there then that approved that unanimously. Um, the community was given hope. They were given a commitment by the Lexington-Fayette Urban County Government, and they expect this commitment to be fulfilled. Please do the right thing by Lyric Theatre. The people in the first district love and care about their community and growth of their neighborhood the same as you do in yours, whether it be on the south end, uh, wherever it is, they care about their community, and we need to g- be able to have that community to grow. The Lyric would do that. I urge you to believe. Please vote yes. Let's move this forward. Let's get the Lyric open next year, 2010. Thank you. Thank you very much, Ms. Merriweather. The next speaker is Jim Clark, and following Mr. Clark will be Mr. Brown. Good evening. I'm Jim Clark, President and CEO of LexArts at 161 North Mill Street, and I'm a resident of the first district. What I, uh, would like to talk about tonight is how this project relates to the other facilities, cultural facilities, um, that LFUC- LFUCG owns and operates, because I think there's a real opportunity here to create synergies, and that's where I think a working group could facilitate this discussion of how we can bring down the projected, um, deficit that is, um, or the, that has been presented in the A- AMS, um, consultants report to a reasonable level. I believe that there are real opportunities here to examine, um, partnerships with the University of Kentucky, with other colleges and universities in the area, as well as local arts organizations that have a shared interest in promoting the arts and cultural heritage of this community. LexArts stands prepared to work to find a way to reduce the projected deficits, um, that would be required under the, um, proposed plan as presented by AMS. Arts Place, which is owned by LFUCG, does not require any facility subsidies from LFUCG. Downtown Arts Center, which is owned by LFUC- LFUCG but operated by LexArts, recei- we receive a $115,000 management fee to operate the building. In return, though, we return 100% of the rental fees collected. Last year, we returned $30,000 so the total, um, subsidy from LFUCG to LexArts was 85,000. We are looking for ways that the Lyric, if it is to move forward, can bring those projected deficits within line with the other LFUCG-owned buildings that are benefiting the arts and cultural sector. So I ask you to think about that in terms of the working group, of finding a way to create a better business plan than- than what was presented by AMS. Thank you. Thank you, Mr. Clark. It's now a pleasure welcoming to the podium former council member George Brown, and I noted on my list that the next speaker, Joseph Smith, wished to yield his time to Mr. Brown as well. Is that, is that correct? So... Sit back, relax. Got- got 12 minutes, Mr. Brown. Good evening, Mayor, members of the council. It is a pleasure to stand before you. Um, about the Lyric Theatre. The timeline on the Lyric Theatre, we've heard, has been approximately 21 years in the making. The Lyric Theatre was, um, closed in 1963, opened in 1948, uh, primarily to serve the African American community in the northeast side of Lexington. It is important to understand that this facility provided entertainment, outlets, and- and a center point for the citizens, for the African American citizens of Lexington, Fayette County. As we have, uh, come forward, um, to the start or the timeline for the Lyric Theatre and the MOU that- that occurred with the State of Kentucky as a result of a default by this government, the Lexington-Fayette Urban County Government, on a- a deal that was consummated to build a cultural center on the old Ben Snyder block, which is located about a block from where we sit. It is important to understand that an agreement was made or reached in, um, probably 2004 that said that this government, once it attained ownership of the Lyric Theatre, would refurbish the theater and move forward to make a- an African American cultural center on the site of the Lyric Theatre. In October of 2006, then-mayor Teresa Isaac formed the task force that has been working diligently since then to bring this project to fruition and bring it forward. We have brought forth a project that is sensitive, considerate, and very well thought out. At the direction of a former, the former council, we were asked to go do a study, a, um, feasibility study, if you will, to, um, decide and come up with the, um, the facts pertaining to the operation of the Lyric Theatre, um, once it was constructed or, or once it was refurbished, and then the new building constructed. We did that. The task force was not favorable and/or pleased with the product that we received. The, uh, AMS study was far less than we desired, and we brought it to you, being open and transparent in the process. Um, the product that you have seen in terms of the, the refurbishing of the Lyric Theatre and the building of the additional building, the museum and the public space, is solid and it's exactly what the former council saw in 2006. There ha- there has been very little difference, some schematics and this kind of thing, but, um, every day we wait, every day we delay, there is, uh, additional costs that will be accrued and accumulated for the construction or the refurbishing of the Lyric Theatre and the building of the new facility. It's difficult. It's difficult work, and, and students, you all are sitting here probably studying political science at the University of Kentucky. It is a difficult task that these men and women face, being elected officials and having to sit in judgment and to make decisions based on fiscal responsibility and the direction that this community must take. I think that it is beyond what we see now, but what we see 20 years from now, 50 years from now. It has got to be forward-thinking and it cannot be just related to what we see right here, right now. It is bigger than that. And, and it is about commitments and following through with those commitments. If you say you're gonna do something, then do it. The people of this community deserve no less. In, in, in the campaign that I was in in 2006 and running for a council at-large seat, I said that we need leaders in this community. We don't need followers in this community, we need leaders in this community. We need leaders who will step up and do the things that need to be done, even when they're not popular. It is important that, that we have leaders that step up and that they have brains, that they have heart, and that they have courage to do the right thing, even when it's difficult. It is important to note that it is never, there is never, there is never enough money. For those of you that have been here very, a very short period of time, I've never known it that we had so much money that we just didn't know what to do with it. Just doesn't happen. It is, though, a matter of as you decide and as you sit and deliberate and as you do the five things that are necessary for the legislative body of the urban county government to, to perform, one is to, is to pass ordinances and resolutions, which is to set policy for this government, three is to set budgets, four is to spend money, and five is to levy taxes. And as you deliberate on that, it is, it is, in my opinion, your responsibility, your responsibility to do the right thing, and it's about establishing the priorities that are necessary to move this community forward. There have been promises made. Maybe you did not make them, but I think, no, I, I, I know it is now your responsibility to fulfill the promise because you have the vote. You have the vote now. It's not the former council, it's you. Understand that there is a, there's an agreement called the MOU that is in place that says that this government has agreed to satisfy once it attained ownership to spend money to refurbish the Lyric Theatre and to build the African American Museum at the site of the Lyric Theatre. That building is supposed to be completed by January 27th, 2010. It's less than 12 months away. I know some of you have said, and I've heard that you've said that you don't appreciate the threats. It's not a threat. It's a reality. It's a reality. If the Lyric Theatre is not opened by January 27th, 2010, the state government will, will sanction this government at the rate of $500 a day, $182,000 a year, for not fulfilling its promise. On behalf of the citizens of Lexington, Fayette County in general, and the first district in particular, I ask you, on this issue, vote in the affirmative and vote to approve the monies in lieu of a bond so that the Lyric Theatre can be refurbished and that the buildings, the African American Museum can be built. Thank you for your time, and I pray that you do the right thing in this issue. Thank you. Thank you, Mr. Brown. Chris Ford is our next speaker. Mr. Ford, if you'll come forward, and David Cozart. Mr. Cozart, if you will stand by over here. Good evening, Mayor and members of the council. My name is Chris Ford. My address is 2129 Santa Anita Drive, uh, here in Lexington. I'm here in support of the continuous process of refinish-- refurbishing and renovating the Lyric Theatre. I'm familiar to many of you, and glad to see you, uh, based on my work in affordable housing. But I'm here this evening, uh, first and foremost, as a concerned citizen and also as a member of the Human Rights Commission here in Lexington-Fayette. And I have just a few points I would like to share with you in my support of the Lyric. One is an issue of fairness, and, and my concern is that the issue of fairness, or lack thereof, uh, is possibly, uh, at play here in regards to, uh, goin' through with the Lyric. The fact of the matter is that the Lyric remains the only project that we committed to under the memorandum of agreement that has yet to be fulfilled. All other projects, all other cultural or arts activities that were pledged to be, uh, done, the pledge that we made to the state, all of those have been completed. We do understand that there were reasons for the time delay, the process for the government to acquire the property, but nonetheless, the delays that we've faced thus far, uh, are unfair, but may be warranted. But nonetheless, the question about the feasibility and the possibility of even continuin' on, even that conversation, I believe, to be unfair. I do would like to say, uh, respectfully, that we all know that we're facin' a recession. There are tough economic times all, all over, and you, uh, the council, uh, and, and the mayor, as the public stewards of the government's funds, we understand that you have a responsibility to examine and review and make sure that we are doin' the best that we can with our funds. However, the Lyric represents something special to this community, and particularly to the African American community and the community of the First District. As you examine the financial projections and feasibilities of this process, there may be some things that may not clearly present itself on, uh, on, on the tablets and figures that you study, and thus, will not allow you to clearly pencil out the project. The cost of the lack of investment, not only to the Lyric, but to that immediate area in the East End of Lexington. The cost of the opportunity lost for that lack of investment over years past that has seen this neighborhood be one that, uh, has not had its fair share, uh, that other parts of our community have had with growth and development. And then lastly, the cost and the sacrifices of the community at large, the immediate neighborhood, and the many community members that have sacrificed their times, their talents, and their resources to participate in activities such as the task force and other planning efforts to keep this process going. Uh, in closing, I just would like to remind the, the, the community and the council that, as Mr. Brown stated, we have an obligation. Uh, we have a commitment that we've made to the state, and we also have a commitment that we've made to the community. And in closing, I'd just like to say that, uh, I came to Lexington 15 years ago, uh, as a football player at the University of Kentucky, and our community has changed a whole lot since then. Unfortunately, the Lyric has not. And I played in some very lean times, uh, in regards to the time I played. One of the very important lessons that I learned that I believe can apply here to us is that, uh, Mayor, if I just a few more seconds, if I could. Your time, your time has expired. My position, Coach, Coach Rick Smith, and his instruction to us as young men and football players instructed us and gave us this a- this advice. "Do what you're supposed to do, when you're supposed to do it, and how you're supposed to do it, without excuse for doin' otherwise." That's the advice and the encouragement I'd like to share with this council and our community. We have an obligation, and I'm confident that we can do what we're supposed to do, how we're supposed to do it, and when we're supposed to do it in concern to the Lyric. Thank you, Mr. Ford. Mayor, thank you, and Council, thank you for your consideration. Mr. Cozart, if you'd step to the podium. Next speaker is Abdul Muhammad. Mr. Muhammad, if you'd stand by, please. Good evening, Mayor, Council. Thank you for the opportunity. I come tonight representing the Urban League of Lexington-Fayette County, uh, as well as the Fayette County Local Development Corporation, who is the, uh, designated - for Lexington-Fayette Urban County Government. Just want to add to the all- already well-prepared and very passionate and poignant comments. Outside the comments, uh, before that this body has made a commitment to this, and outside the acknowledgement that there are citizens that are, uh, expecting and deserving of these actions, uh, around Lyric Theatre, I wanted to add some things from the Urban League perspective. Um, I know some folks think some of the things that are, or reasons for this are somewhat anecdotal and qualitative. We wanted to add some very quantitative and, uh, very literally concrete reasons for, uh, the Lyric, Lyric Theatre, uh, moving forward. With the assistance of many fine partners, the Urban League has worked in the East End area, uh, building housing, doing advocacy, this, this council, this administration and municipality being one of those fine partners. Uh, the Urban League has houses on Chestnut Street, Corral Street, uh, newest, new units on Rand Avenue. Uh, the Urban League has done advocacy for business inclusion and workforce development in the East End area. Um, the Urban League has additionally originated the proposal that became the Third Street Revitalization, uh, Project that is a legacy project for the World Equestrian Games, which I know this body, uh, wishes to see, uh, become successful. But probably the most significant, uh, is our properties contiguous to, uh, the Lyric Theater, the Elm Tree Lane Apartments for senior citizens, over 20 units. That's an over $3 million investment. Uh, and when doing this, and when you own the vanguard of development in the area with the expectations that things are going to come behind it and develop, uh, we consider the Lyric Theater absolutely, uh, critical to, uh, continued success of those properties. Additionally, the Urban League just wants to, uh, continue its advocacy for the East End area. We consider this part of the calvary that is coming to that area. Uh, it's difficult being on the front end of development again, so we would ask that, uh, this body, uh, and given its due diligence, and we appreciate that very much so, but we would ask that this body would vote in the affirmative of moving forward this project that is very important to citizens, African American and beyond and in Lexington and beyond. Thank you for, uh, your right vote. Thank you, Mr. Cozart. Mr. Muhammad, if you'll step forward, and Dee Mitchell, if you would stand by, please. Uh, good evening, um, Mayor, Council. My name is Abdul Muhammad. Address is 3308 Higgins Court. Um, wow, you know, I'm pr- this is pretty exciting. Um, I'm born and raised in Chicago, Illinois. Spent 12 years in Northern Kentucky before moving here two and a half years ago, and dove into this community head, head and feet first. And, uh, as I look around, what's so exciting about tonight, as I look back and see these young Boy Scouts out here, you gotta see, I understand, I grew up in the Boy Scouts, and so I know these young men will someday be up here running this city. I know that these young men will be out here in this, sitting out here as they get older one day, and they'll also have to make hard decisions. And I know that this East End out here in Lexington, Kentucky deserves just as much as any other part of this city. I might stay out in the Beaumont area, but I work and live in Lexington, Kentucky. And every time I drive from my office at Fifth Third Bank out on Winchester Road, and I come down to this big tower down here and, and downtown, and I come down Third Street, and I drive by, and I go, "Wow, what missed opportunity." Because then I get on a bus, and again, I get to the airport, and every year, I go with the l- Commerce Lexington on the trip, like we did to Austin, Texas last year, and I get to see opportunities where Austin stepped up to the plate and took areas like that and, and really brought it back to life. We have to step up right now. This is our time to step up. We have to make sure that we do the right thing. If I've been here two and a half years, and I have to get my wife in the car and I have to drive to Louisville to go to venues up there and spend my hard-earned monies that I make right here in Lexington, you know what? That's not right. I shouldn't have to get in my car and drive back up to Northern Kentucky to go to a venue up there when we have opportunities where I can spend my money right here. That it drives money back to my community right here. 'Cause I got money right here in my pocket that I wanna go and spend right now. But if I wanna do that with my wife, I gotta get and get somewhere down the road. Gas money, food, and everything. That shouldn't be like that. Well, if we do something about that Lyric right there, and we revitalize that Lyric, we'll bring people here. Yeah. We will bring people here. They'll drive from Louisville to Lexington. They'll drive from Northern Kentucky to Lexington. You have about 15 seconds- They'll drive from Bowling Green to Lexington. We need to make that spot happen. Young man, that's leadership. Thank you. Thank you. Mr. Mitchell, and the last speaker I have is Louis Cobb. Mr. Cobb, if you'd come around and stand by, please. Good evening. My name is Dee Mitchell, and I'm with National Diversity Solutions. Uh, thank you, Mr. Mayor, and, and council for the time. Uh, to me, it's, it's, it's quite simple. Um, I was at home and flipping through some channels probably about three, four months ago, and I happened to flip past and, and, uh, saw a documentary on KET, and the documentary was about the Lyric Theater. And I stopped and, and I took notice to that because obviously being concerned about Lexington and, and things that are going on here and wanting to know a little bit more about the history of the Lyric and what it represented to the people of Lexington. Well, the documentary to me, if we were able to show that, it would not be a question about the vote, because the documentary showed the pride that was taken in that community by having that venue where they were able to come and share. Uh, they talked about some of the Negro League baseball players that had come through town that weren't able to play in the Major Leagues. They were, had Major League talent but couldn't play. Well, when they came through, the Lyric was one of the meeting places where they would all go and have a good time. Uh, and they showed a lot of images and pictures, and all you saw in those images and pictures were people smiling and people, you know, congregating and having a good time. And I think to have a symbol like that at the entrance of that, of that area of the city would be a tremendous benefit, uh, to that community. I think it shows, um, leadership to, to understand the importance of a positive image like that leading into an area where we know we have some challenges, and we need to do some things to revitalize that area. And I think the Lyric could, could be a, uh, image that would catapult that neighborhood into a, a, a different type of environment where people are, have that pride again, and we can all congregate and, and have a good venue and a good place to enjoy some, uh, theater and, and other acts that come to town, which I think it would bring acts to town. But... ... more importantly, what it means to the people in that community. I mean, if you, if you build it the right way, with the right people, it creates jobs. It creates, you know, a sense of hope in that community. If you get some young, uh, people on the job site that can help do some, some small jobs, and you have the right people that are working there, it shows an image that I think is, is needed in that community, where you see some African-American leadership and you see some minority participation and things like that. And it would, it would be a great, um, uh, visual image for young people to see that this is something that we can take pride in, and it's not just for African-Americans, but it has a special place in African-Americans' heart. And, and that show that I saw on KET really showed that. It, it showed the importance of that, of that theater to the Lexington community, and as minorities pass through Lexington, that was a place that they were able to go and feel comfortable and feel welcomed and really enjoy themselves. And I think we need to have that back, and it would be very important to the community. Thanks for the time. Thank you very much, Mr. Mitchell. Mr. Cobb, if you would step forward. Does anyone else wish to address the Council on this issue? All right, then Mr. Cobb will be our last speaker this evening. First, give an honor to God. Mayor, Vice Mayor, the whole entire Council, the Honorable George Brown, my brother, Israel. I wrote a poem the other day, and I want to dedicate it to Andrea James for the spirit that she showed me, inspired me to be a better man. "This defining moment in history, peace and love to all. Change has come to the world. Change has come to me. Change has come to you. Change has come to Lexington, shining bright as the sun, joined together everyone. Can't stop the shine, can't silence the spirits at the Lyric. Ask yourself a question: Can you hear it?" Thank you for this opportunity. God bless everybody. Thank you very much. That concludes our, our public discussion of this issue. I see where Council Member Lawless wishes to speak, and perhaps others do as well. First of all, it feels really great to see this room filled with people. Um, sometimes it feels pretty lonely up here, and it's like, "Does anybody know or care what we're doing?" So thank you all for being here. My questions are mostly directed at the architect, Susan Hill. Yes, ma'am. Okay. First of all, I'd like to say I support the renovation of the Lyric Theater. It's been too long in coming. Um, we do have an obligation as a city, and also the legal and financial ramifications of not meeting that, as well as the moral and cu- cultural. So I'm, I'm saying that. I have a, um... document here that, um, came back from the state, um, after we sent them the proposal and the original that they received putting this in place after we purchased the Lyric Theater. And it says, "October of '06, project estimates show the total project cost at $5.8 million, approximately. A July 2007 project estimate shows a total project cost, uh, at $8.9 million." And I understand that that was, that you were part of that second budget being provided, and I'd like for you to address that, um, and what the difference is and what we can expect. I, I hope I can very kind of succinctly and clearly. Um- Lord, I do too. When- When, when working on a project, and, uh, since my portion of it is related to the construction cost specifically, I often do find that the other related owners' costs, um, don't kind of stay on the page. I think it's really important that the cost estimate, uh, include not only the construction costs but the total project cost. So that includes fees, it includes site surveys, it includes building purchases. A lot of these are items that, in fact, the city has already incurred. These are costs that have already come and gone. About how much of those costs have already come and gone? Approximate- approximately a million of it. Okay. Um, so that, that was my effort at that time, was to make certain that we kept everything on that sheet, so there wouldn't be, uh, things that were lost in the shuffle, uh, in any kind of a way. Um, but the construction costs are really where my primary focus were, and that, that is that $5.8 million. So, what you're saying is that the total project cost beyond just the bricks and mortar, you expect to be 7.9 million more than... I mean, uh, uh, 8.9, a million of that already spent? That, that includes such things as movable furnishings, tables and chairs, things that wouldn't be part of the general contractor's cost of putting the building up together, um, and other things that I've already mentioned, but that's correct. Um, I think one of the... Things that is worrisome, because I believe this needs to be out of the ballpark fabulous. I think this needs to be a beacon, like, for our community, for the first district, for the minority and the majority community. And the last thing I want to see is us going forward thinking that the total project cost is six million, and that we have an empty building, because the Lyric has been empty way too long. Right. So how can we address that? 'Cause I want this to move forward, I want to put the bids out, but I don't want an empty building. I mean, ah, you submitted the, you're the one that submitted the, the larger tab on the total project cost. Um, I mean, my part of the charge of it is the, to get the bill, is the building components and the construction of the building. I th- What you're asking probably has to do with, uh, the actual programming and operation of the building? Um- Well, that's what I want to know, is that about programming? 'Cause- Yes, it is. ... programming isn't lights and chairs. It, any lights that are installed in the building, that's part of the general construction cost. Okay. Any moveable chair, it, it's as of the Downtown Art Center. Uh, furnishings that are moveable, that may be expanded or subtracted, that's not part of the general contract, there's building of the building itself. Uh, any of those elements that are attached and fixed in the building, it absolutely is the building itself. Okay, so what you're saying is the lighting and fixtures, fixed furniture like seats that are bolted to the floor or whatever. I'm not in the construction business, I'm just trying to think of what- Absolutely. Lighting, electrical, finishes. Electrical fixtures. It's a building you walk into and it's ready- Those things would not exceed six million dollars? That's, that's- I mean, that's- ... that's the projected estimate. We are submitting to an outfitted building with lights and seats and stages and those kinds of things, with a cap of six million dollar and that's the way you're, you're designing it? That's correct. All the other costs, the additional costs would be moveable tables and chairs, um, artwork that, or something like that? But- Future, um, museum exhibits that are designed and displayed, those kinds of things- So that wouldn't be a, in my mind- ... are non-construction. ... a project cost. Those, those would be part of the programming and the operation of the building. That's correct. So the, the bid going forward would include fixtures and fixed furnishings. Yes, ma'am. For instance, in the theater, the theater seats. Yes, ma'am. Stage, whatever else goes with that. So that when you walk in to the building, you're ready to begin programming it and- So we will be- ... finishing it out. Finishing it out. We will be sending out bids for a furnished building, not an empty building? Furnished other than, uh, table and chairs here and there that get folded up and put away? Uh, in, in the way that the Downtown Art Center, when it was, when the construction was finished and ready to be occupied and programmed, yes, ma'am. Okay. And so that, that will be what the RFP includes? That's correct. Okay, thank you very much. I hope that we can get this passed tonight, and I look forward to the Lyric Theater being really, uh, something we can all celebrate and be proud of. Thank you. Council member Lane. Thank you Mayor. Uh, you know, I, I feel very much like council member Lawless, I think we have a definite obligation to build the Lyric Theater, and I've voted on it, I've been on the council, this is my fifth year. Each time that's come up for vote, I've supported it. However, I was the council member who asked for the business plan to operate the Lyric Theater, because there's cost other than just building the building. There's a cost of utilities, maintenance, insurance, programming, um, there, management. And when we, uh, build a building, we not only take on that cost, but there's gonna be additional cost that go to the government. Um, I, and I would like to call the architect back up, 'cause I do have a couple of questions, uh, in that regard. Okay, I, I, I'm trying to figure the difference between the six million and the 8.9 million number. Are you telling me that the six million dollar cost is just to build a building, but it doesn't include any fees, land acquisition, soft cost, or- That's correct. ... any other expenses? So we need to add the land back, uh, the architectural- No. ... fee. Those, those have already been, uh, encumbered or incurred. Right. And so the list that, um, the list of that cost breakout, which includes those fees which are already encumbered. Uh, things like site survey, geotechnical survey, those have already been, uh, incurred. Uh, land purchase for the historic building itself, the additional purchases, um, that were made for the new additions, those are all expenses that have been incurred. All right. Well, the declaration of official intent with respect to reimbursement of temporary advances made for capital expenditures to be made from subsequent borrowings- I don't know what that means, but to me that means we, we would put the bond in place, then we would reimburse the city for the land, for the architectural fees, and for, uh, the consultant fees for the, um, you know, the business plan for the property. So I'm, uh, th- that's why I'm confused. Um, so it's actually the six million is just the construction of the building, and then we have to add the other costs for the land, fees, soft costs. Um- Those costs have already been incurred, is my understanding. I, I, I wouldn't... My understanding was that the 5.8 was for actual construction costs. That's correct. Okay. Um, all right. Uh, uh, the other issue that I have, because I want this project to be very successful, is the lack of parking. And under the billing code, the code requires for each five seats in a theater, you need to have one parking space and for each 1,000 square feet of non-theater space, like for the museum and the community room, two and a half spaces per thousand, which that the minimum code requirement would be 150, uh, parking spaces. And we do not have parking on site. And, you know, unfortunately, I'm in the real estate business, I've been doing this a long time, the number one problem you have in a development is when you don't have adequate parking so that when people come to an event, there's no place to park. And 3rd Street is a two-lane street, so there's really not any on-street parking on 3rd. Now there are some vacant lots. I know we've talked about that. This is just another, um, point though is that I feel if we're going to spend this much money in developing the, the property, that we need to make sure that the parking is adequate so that when people do come from Louisville or Cincinnati or Bowling Green or wherever they're coming from, they'll be able to park without any hassle. And, uh, if you... That is not included in the, um, you know, in the business plan, a parking, uh, parking information. My, my primary concern is that we do not have a business plan that works, uh, that is a viable business plan. And before we move forward too quickly, I think that we need to get people from the community involved. I like to see Lexarchs, Lexpark, you know, the task force, the architect, and to try to get all these loose ends and get a business plan that is, uh, affordable because based on the, you know, preliminary calculations that we have based on the current plan, you know, the, uh, the obligation that would be signing up tonight is not just six million. It would be the money we've already invested plus the operating cost in over a 20-year period, that could run 18 to $20 million. And then if we have additional costs that... And that was another issue, there was no mention of additional cost in the business plan for tables and chairs and movable fixtures and putting up the museum. And so to me that business plan was deficient and then it didn't include all those costs either. And I know you're not responsible for that, but th- these are the problems that I have. And y- you know, I represent taxpayers, hopefully every taxpayer in the community and, you know, I feel that we need to have, uh, good due diligence before we go and build a building 'cause once we build it, we own it, and we gotta operate it and maintain it. And I think the business plan and making sure that all these details are covered are critical. Um, do you have any, you know, closing comment you would like to make, uh, before I stop talking here? When we were hired to undertake the design services for the building, which has been our primary furc- focus in working with the task force and, um, and working through the program that the task force had developed with the community. Right. Um, the, the intent was to keep the bar high on this building and um, to, uh, honor the program that had been developed and to, um, make certain that the project had every opportunity for a chance for success. Right. Okay. So t- you're saying you tried to design the building that we have today to meet the needs of the programs that we're projecting for the property? Absolutely. Okay. Thank you very much. I appreciate your comment. Thank you. Thank you, Mayor. Thank you. Council Member James. Thank you, Mayor. I'll keep my comments very, um, non-emotional and not passionate, but just, um, purely factual. Um, East End Small Area Plan, Central Sector Small Area Plan, Downtown Entertainment Task Force, Legacy Initiative, Downtown Master Plan, Lexmark Toyota Diversity Initiative, the default of building the culture facility years ago and the memorandum of understanding, those are all factual reasons why the Lyric should be completed. All of those things I've mentioned all include the Lyric or component of the Lyric in each of them. Tonight's vote will, will allow us to be able to put this out for bid. We can talk all day long about how much we think something's gonna cost, but we have to make sure that we understand we will see this again on council. We will have to vote on the acceptance of a bid. There will be a work group that will work with the components of the business plan that Council Member Lane and Council member, previous Council member DeCamp advocated for very strongly. So we will be able to work through that faulty business plan and create an effective business plan thanks to all the people that we have on board now. I'm glad that lots of folks are on board with this and ready to proceed with champions and partners that we didn't have previously, and I'm proud of that fact that we're now working together. ... um, significant taxpayer expenditures have already, um, been put forth all the time with the knowledge that this would move forward. As the council voted on property to acquire for parking and for the adjacent building, we knew that this was moving forward and we all voted on that. We voted on the reimburse... We voted on the bond issuance in 2007, $6 million. We put that in the CIP. The 2016 council voted on the reimbursement resolution or voted, yeah, on the re- on the resolution to move forward with the $5.8 million design. We knew that was moving forward at that time. Timing is critical. I've heard, "Let's wait, we need more understanding." I'm a bit concerned with that comment. Um, I'll just keep it there. I'm a bit concerned with that comment. Um, parking has been addressed previously and will continue to be addressed as the business plan committee moves forward and Council Member Lane, you and I can work together to come on some, come up with some solutions to the parking issue. Third Street will be revitalized and there is parking on Third Street at this time, even though it is two lanes and Elm Tree is right beside the Lyric and it is four lanes, so we could look at potential for parking in that location as well. To close, some of the things, um, I was watching, flipping through and I'm, I'm always looking for financial help at this time and, and advice of, of what to do, and one of the things I thought that was very similar to what's going on with the Lyric right now is that one of the financial experts said things, um, when people look at your credit report, um, they're looking at your commitments. They're looking at whether you fulfilled your commitments, not necessarily how much money you've expended or spent out or even how much money you've borrowed. They're looking to make sure you fulfill your commitments and I would ask that this council realize that in tough economic times, just like a credit report, your rating will be based on commitment and the way that we serve our community should be based on commitment and we just need to... The, no matter how you vote tonight and no hot, no matter how you vote in the future when it comes to the Lyric things, because you will have more things coming before you, um, please keep, just keep that in mind that sometimes it's not always based on the dollar amount, um, but on the commitment which people are looking for and your consistency there. Thank you, Mayor. Thank you. Council Member Beard. Thank you, Mayor. I hate to ask, ask you to come back up again, if, but if you could for just a second. Did I just run everybody off? Go ahead and bring him back up. Just, just, um, a couple of things. You, you mentioned in, um, this included the lighting. Um, is that the basic lighting, the lighting that people would find thes- themselves around a theater in? Yes. Does it include projectors? Does it include, uh, spotlights? Does it include the other types of lighting that you would have on a performing stage? It, it does include, um, in working with Steve Woodring at the Kentucky Center for the Arts, we do have, um, a more than just a basic element of theatrical lighting. Theatrical lighting can always be added to and expanded and extended, but there will be, um, a full array of theatrical lighting to be able to, uh, use the stage, yes. And at least two projectors for a movie theater, I assume, and I, I doubt if that is, was included. That's not part of the general construction cost, no. No, I understand. But, but the design for the layout and the accommodation of it, that, that all is part of it and the infrastructure, the electrical infrastructure and sound infrastructure to support it, that is part of it, yes. The sound mixer board and all that, is it not included? No. That's- What about the dressing rooms? The dressing rooms, um, are both fully furnished, um, but obviously not with any kind of costumes or, uh, other mobile kinds of furnishings, but the dressing rooms with all the tables and the lightings, the required restrooms that are related to that, all of that is in the project, yes. Is, is in the project? Yes. I just want to get clear- Yeah. ... e- exactly what we were talking about. Anything that's, you know, built in as part of the building itself, all of that, all of that is there. Anything that, um, would be part of that infrastructure of the building will be fully there, yes. Well, I was, I was trying to do a little math and I was coming up with the $2 million that we haven't talked about if we get up to close to eight and, um, I assumed that some of that, w- some of these items that I mentioned. Well, and I think, um, on the cost estimate itself, there was a line item under, uh, owner's cost, uh, for, uh, miscellaneous furnishings and equipment that are loose items, not, not part of the infrastructure of the building, but loose items. That was actually a line item. I mean, that's a budget item, um, that could certainly end up being lower than that, but it, it was put in there as a placeholder basically, yes. And these are things that, uh, the task force, I assume, uh, Council Member James, would look at? At the work group? Yes, the work group. Yes. I'm sorry. Yeah, I would hope. We have so many names for all these various and sundry entities, but... I would hope so. Okay. Thank you very much. Thank you. Thank you, Mayor. Vice Mayor Gray. Th- thank you, Mayor. Um- You know, a lot of people tonight have spoken very eloquently, emotionally, passionately about this project, significance of it, spiritual significance of it, emotional significance. It's considered almost, if not sacred space, really close to it. What's disturbing and what's disappointing is that we can't look at a project without looking at the finances of the project. And tonight, at least for myself, only this afternoon did I hear that we're not talking about a six million dollar project, but we're talking about a nine million dollar project. Now, the, the, the difficulty of that is that the project, this deal, the Lyric must succeed. It's got... You got... you know, y'all's heart's in this. We know that. The community wants this to succeed and I don't... and I mean, the community and the community. So my question is... really has to do with how did we miss three million dollars? Now, Shay, I don't know who's gonna answer me on this, but help me. Susan, I understand I talked to you an hour and a half ago about this. But we're not talking about a six million dollar project. Let's be real. Let's be honest to everybody about this. How can we move with credibility forward if we're not? And I'm for moving, let me say, just... and then I want to let you answer, I'm for moving forward with the bids, but we need to know what the budget is. Vice Mayor Gray, anytime we put a project on the CIP, it's capital. So of course we're gonna have to pay for desk and other ancillary costs. Two million dollars worth of desks? Wait a minute. What are... what's in the two million between six and eight? Okay. Let's take a step back- Absolutely. ... and realize that the construction cost was estimated to be 5.8 million dollars. We put into the budget, which this council approved, six million for the capital project. We've already spent a million dollars on top of that over the past two, three years. Many of us weren't even here at that time. So that's seven. That makes it seven. So depending on the other kinds of costs that are associated with this- The stage lighting- What kind of lighting we do- ... sound. Stage lighting, sound. So those things have been identified, right? Actual cost? Those items. I think it absolutely- Somewhere they're in a budget, otherwise I don't think we'd have a budget of 8.9 million. Susan, you are shaking your head favorably, so they're- They're- Those items are identified as line items in a budget, right? My understanding is it depends on what we actually purchase. I don't think we're committing to a certain type of lighting- Right. ... or a certain style of chair. And we want a museum, right? We want a museum that people are gonna go to. Doesn't all of us, don't we want a museum that people are gonna go to? So we've got to have equip... it equipped, right? Absolutely we do. Part of that, right? I'm, I'm not... I don't think anybody's arguing on that point. Okay. We're asking approval of six million dollars for a capital project for construction. Right. Now, any other cost on top of that, could be operating costs, whatever it might be. Mm-hmm. To think that we're gonna build a building and not furnish it- But so far we have talking... Let's just... Correct me. If I'm wrong, I'm happily corrected, Shay. But the consultant's study was dealing with the operating costs, and we had those identified. Operating and maintenance costs. Operating and maintenance costs. So we've been processing and evaluating and examining how that's going to fit. And we've been processing and examining the bond issue, the debt associated with that, and that number was six million. Correct. Okay. This is the first time we've heard about the other stuff, tonight, this afternoon. Which other stuff? All the oth... the, the two mill... the 1.9 million between five... or rather two million between 5.8 and 7.8 million, the equipment. So, that's... We don't know what that represents? I'm not sure exactly how to answer you, other than saying we're asking for six million dollars for construction, and any other additional costs that are associated with the project either have to be covered through a subsidy by Irvin County Government or through other sources from revenue, from the programming, from fundraising, from membership, from sponsorships. I'm t- I'm trying to understand what the total project budget for capital costs and equipment that someone created at some point in time, which added up to 8.9 million dollars. I think that Susan can speak to that. As you know, Charlie Bolin was, um, the lead on this project. He retired in December of 2008. So I'm not aware of all those other costs except for the approximately a million dollars that we've already spent with council approval over the past sever- several years. So I'm gonna ask Susan to come back up here and tell you specifically what those costs... ... were, and I know, just from glancing at the list earlier today, that they're just estimates. We're not gonna know how much anything's gonna cost until we go to bid, until we include things that we want associated with it. Now, I know you're the construction expert. Well, I know that a control budget is real important. And I agree with that. And when we're off for- and when we're off 40%, that's significant. And we have been believing that we're- How do you suggest we move forward? ... we have been believing that we were operating with a $6 million capital cost, and now... Well, help, Susan. Help explain it. And, and my understanding is, it is a $6 million capital cost. I, I, I would agree, Jim, that, uh, that's what we're operating under also, that it's, um, that we're at a maximum of a $6 million, um- So what was the difference between- ... cap- construction cost here. Okay, so what was the difference between six and, between six and 7.9 after the million? Do you understand what... You have a budget that included another two, was that the theater equipment? Uh, lighting, sound? Um, all of these things that are gonna be necessary for- And- ... the building to function. And I do know- And I think that the Council, you know, if... At this point in time, we need to have some sense of credibility in these numbers. So, you know, I mean, c- we, we... That two million is what we're trying to identify. Um. Some of it's furniture for the 15,000 square foot edition. It is, and, um, I, I really- Maybe half a million in furniture? Half million is exactly the line item that was in the budget- For furniture? ... for furnishing. For the 15,000 square feet beyond the existing Lyric, right? That's, that's correct. Okay. And then there's maybe sound, additional sound equipment, uh, theater equipment. There is. There, and- All the things that are gonna make a theater work, right? But there are also the other kind of fee-related costs: the purchase of the land, the, uh, the fees for both the design work, the fees for the, um, site surveys for the geotechnical work. That's in the million though, isn't it? Isn't that the million that you say? That, that is- Okay, I'm- That, that is correct, but it's also, it's also in the big number, Jim. It's not in addition to that number. Okay. Uh, it's, it's inclusive in that. I think, doing the math, we're s- we're, we're still trying to fill in the gap between the million that has been already committed, okay? The six million that is budgeted for the construction, and the 8.9 million that is showing on the budget that Diane mentioned earlier. Okay. Okay? So the, the gap between that is what we're trying to understand. And I think you said part of it is, 500,000 of it was a line item for furniture, right? That's exactly right, yes. So then- I, I, there's certainly no intent in any way- Oh, I see. ... to mislead the Council in any way. I'm, um, trying to figure out- Okay, so I appreciate very much- ... how to explain this fully to- ... you know, and I, I think in, you know... The an- the, um... If I can describe, you know, maybe the tension or the anxiety that we all feel is, again, because there is such a sense of aspirations embedded in this project. Absolutely. And why then getting it right is really, as so many of y'all said tonight, you know, doing the right thing and getting it right, all of that is important, and our... I think so. As someone said earlier, you know, the responsibility that we have, the financial responsibilities that we have, the accountability that we have for the numbers being right, is a big deal too. So thanks very much. Okay. Councilmember Crosby. Thank you, Mayor. Um, while I believe, uh, that this is very important to our community, I, uh, do have, uh, just a few concerns, and I wish that we were hearing this discussion after we got your proposed budget, because obviously, we're dealing with some numbers when it comes to programming and, and issues, um, that are gonna be in FY10 that we really have no idea what the costs are going to be, um, to operate this. And, and right now, when we're sitting through the mayor's budget hearings, um, you know, I'm hearing about some of our basic services being cut. I'm hearing police, fire, streets, roads, 15% sometimes across the board. Entire units of our police department, clear unit, things like that, might have to be cut, because we may not have the money to fund these programs. And so it's a little scary to me that we are, um, looking at funding something with the unknown with our budget, so I guess my question might be for the administration and possibly Shay, if possibly you all have built this into the FY10 budget, and are we guaranteed that we're gonna be able to keep our basic services at the same level that they're at now with this built in? Or has it been built in? Um- And have we looked at projections maybe for two and five years out on how this is gonna affect our general fund? I mean, I have the projections with what it's gonna cost our general fund, but how it's actually gonna affect our basic services. Well, as it relates to 2010, what we've determined, and I, we've, we've addressed this, but under- I understand you were not able to be here and so I'm happy to, to repeat it. Because we've delayed construction, um, as far as we had, we had, uh, you know, in- included it in the FY09 project. We've already, um- ... approve the other capital projects except the Lyric. Because we don't anticipate starting construction until later this summer, spring, probably summertime, we will not need to sell bonds until after the first of next calendar year, 2010. Because of that, we will not incur any debt service or owe any debt service until fiscal year '11. So that takes off the debt service problem. If there's not a building to maintain because it's not still under construction -- because it's still under construction, then we won't have to pay that until fiscal year '11. And then, uh, operating costs, there'll be minimal operating costs 'cause again, there won't be a facility until fiscal year '11. So we might have half a year of operating costs. If it open- if it were to go forward and it were to open, I'm not really ca- talking about the debt service, I understood that's, uh, FY 211. I was talking more about your general operating cost of programming, electricity those types of things. Has, have those been built into the budget for perhaps half a year? Um, I don't think it's going to have to be half a year, because the project will ... the construction, according to the architect, who's the expert, not me- Will be- ... will take a year to complete. Okay. Thank you. So the time that we're actually going to have to incur those costs would be fiscal year '11. We might have some cost associated with some, you know, beginning programming, solicitation of, um, per- um, performers to come down and so forth. I don't know what that beat would be. I certainly would hope that the business plan committee could, could work towards that, but I think the FY '10 costs are minimal to zero. Thank you. Council member Ellinger. Thank you, Mayor. I just wanna follow up on some of the questions that the Vice Mayor had, and I think Miss Hill or Shea, maybe either one of you all, but I just w- wanna know, I guess from the numbers standpoint, wh- what our commitment will be. We've, we've put in a million, a million two, I think, so far. We're, we're asking now to, for $6 million reimbursement for the bond here, and it's come back at 5.8, but we're gonna see what that comes back. What will, once we get that done, that still won't be, is, will that be a turnkey operation? At that point, will we be able to open the doors and say, "We can begin operating," or will we have to come back at the difference of the 8.9, which would come around $2 million, give or take? Do we, will we still have to come back something down the road and still have to come up with the $2 million? And I guess that's where I'm trying to come up with determination, 'cause this is for the $6 million. When we get that done, will we have to have something to make the difference and come back, and you're gonna say, "Now we need two more million to outfit it." Because with, with the 5.8, that really will not be a turnkey that we can open the doors and start having people come to the facility. Is that correct or not? I think I understand what you're saying and I understand the confusion. Um, I, I think a lot of it's gonna depend on what we actually end up programming in the facility and what equipment we ultimately need to start the facility. Much like any other, um, organization, arts organization, you can add to it. So if we can't afford, we being either the city subsidy or fundraising can't afford certain features, then they m- move it off to another year. I think the best course of action is to allow us to move forward, to go to bid with construction, with as much of the capital, eh, w- with as much as the, of the furnishings that we can build in as possible. Let us see what the numbers come back, and because we know that construction costs are lower right now, hopefully it'll be less than the $6 million, which could help us make up any of those additional add-ons we might choose to do along the way. We're n- right, we can argue back and forth about what it's actually gonna, what it's gonna cost, and none of us can actually say for sure, understand nee- the need for a budget. But I think the best course of action would be for us to move forward, to go to bid w- for construction and see how much it actually comes back, and then see how much more we might need or more money we might have to, to play with. I guess I have a little problem with that, is we're gonna see if this works, and if it doesn't, then we'll come back and ask for $2 million. I think I would just like to know pretty much a ballpark. And I think it's a big difference, and I, I don't know if it's 40% like the vice mayor said, but it's, it's a big range there that we're looking at. A- we're, we're I guess committing to 7 million and could be 8.9. An- and that's I guess where we're having that discrepancy, is that correct? I think you're correct. Um, the six point million, again, is for the capital project, the construction, and as Susan said, any of the permanent fixtures. And I guess, can I ask if we'll, at that point, if we decide that's all we're gonna spend, will that be able to have it turnkey? Will we be able to have programs and be able to have it up and running? Or, or if we do that, will we still not be able to open the doors at that point? I think we're still gonna n- have more expenses, because we're gonna have to furnish it. So, so we're guaranteed that 7 million won't get it open? I guess I'm- I don't think so. Okay. I mean, because we have to pay for desks, we have to pay for tables. I mean, there's gonna be costs associated with any building we ever construct, other than just the capital funds that y'all approve. And I understand, I think what you're saying is how much is that gonna be? I just, you know, you just like to know when you're building something- Right. ... what it's gonna cost. Right. And I don't, and I mean I think we got a big discrepancy there between 6 million t- or 7 million, I guess, because we've already spent a million, we've, we're asking for six, and then we're looking at 8.9, and I think that's a big ... I mean that's like a change order, you know, you expect it to be 10 million then you get, well we, it's gonna cost another million, now it's becomes 11. And I just, I guess from our perspective, I, we'd just like to know what is going ... 'cause we want it to be successful. We want it to work, we just wanna know what, what is it gonna cost. ... and I think we're, we're, we're kind of doing it, it piecemeal. Let's have the whole thing. Yeah. Let me see if I can help here at all. Thank you. Um, a, a turnkey operation is, um, kind of not real appropriate to a general construction project, but, um, but being able to, uh, come into that building, to set up one's office, to move tables and chairs in, get your staff all ready, um, be able to program it and have the public into the building, the building most definitely will be ready. In exactly the way that the Downtown Art Center, um, when Lexarts moved into it, the Actor's Guild move into it, the building was ready. At what, what price? Is that the $7 million price or the 8.9 million? That's at the $6 million capital construction price. Okay. Um, there are things like museum exhibits that are not done by a general contractor that those would a- as programming is developed, as the business plan begins to take form, those will be additional costs. That's not part of the building general construction, the capital construction cost. Would the building be ready to be occupied? Most definitely will. I mean, loose furniture is, is a fairly minor piece of the cost as opposed to the general construction. So I, I don't want there to be a sense- But that was a half a million I think, wasn't it? Isn't that what you told everybody- We, we did have a half a million dollars in there, but that also includes such things as potential museum exhibits. Um, and so perhaps that's very misleading. I, I don't want there to be a s- I just think there's a big gap between 7 million and 8.9. And I, and I think that's, that's kind of, has some... Council members just want to know. We want it to work, so we just want to make sure we know what we're going to... I don't, I don't know. Why don't we just say let's spend 8.9 million and then... Or se- instead of making six, let's make it 7.9 and then we've got it all paid for 'cause I guess that's... I think that's a more realistic number. 'Cause we, we, if we come back and it comes back and we, we agree with the s- the 5.8 or whatever it comes back- Mm-hmm. ... I still don't know if that's still gonna get us to where we want to be, that we're ready to open and, and have it up and running. And I guess that's my concern. Thank you. Council member Feigl. Thank you, Mayor. Uh, I, I think I probably have some questions to ask you too if you'd come back. I'm not sure that you could answer these. Um, uh, were you a part of the, um, the, um, business plan group? Um, n- no, I'm not. Oh, you were just the architect. I mean, not just the architect, but you were the architect. That's correct. Okay. I was just flipping through the pages here in our business plan, and I think what I'm reading and maybe, I don't know if you can clarify it or not, but it says, "The Lyric Theater will require certain technical capabilities in order to host rentals by commercial promoters and to present a full range of touring artists, professional sound, light and rigging systems and a capable, uh, staff to operate these systems." And then for prospective commercial rentals, it says, "Broadcast quality sound and a lighting grid, multiple power sources, high-speed internet connections," et cetera. Um, I realize those are not part of the, the building. Part, part of them are. Part of the infrastructure for such things as the internet cabling, that is part of the infrastructure of the building. Um, the, uh, lighting grids, um, and the infrastructure to support all of that most definitely is part of the building. That's, that's fixed and part of the construction aspect to the building, yes. Um- And the broadcr- broadcast quality sound and, and lighting grid? Is that- A, a lot of that is- I'm just reading from the- A lot of that is things- Mm-hmm. ... like mixing boards that are movable pieces of equipment that are plugged into the infrastructure of the building. So those would not be considered part of the, the capital construction part of the building. Okay, 'cause I know a lot of the assumptions that we're making in order for this facility to be successful is that it will be a good rental facility for other groups and, um, I don't know. Ah, maybe these other groups provide their own, um, sound systems and things. I don't know. Uh- Some do and some probably do not. That's all the questions I had. Council member Lawless. Okay, sorry. So what I'm understanding is the RFP will go out for a f- a fully fitted facility such as theater seats, lighting, um, internet cable, um, staging, all that. Not movable furniture, such as desks, et cetera. And that programming would be able to take place with that, and that we are committing to a $6 million, no more than a $6 million project that will be able to have programming when it opens, even if the staff doesn't have a desk. I didn't when I started on council. And, uh... So, um, and that by making, by passing this motion, we are okaying the RFP for the construction and fitting out of the building that will make it program ready. ... and that other things that you have in your, like your half million dollars for furniture and art exhibits, that's something that- That- ... we can deal with later. But that's what we're committing to. We'll see what the bids are when they come back in. Is that correct? That, that half million is for such things as art exhibits, for loose things such as sound boards that are, uh, factory ready, plug-in kind of equipment that are also removable, that are not permanently part of the- The theater will have seats. That's correct. There will be lights. That's correct. It'll be painted. That, that's correct. It will have finished floors- It may not have paintings, but it will be painted. Is that correct? That's correct. And that will all be included in the RFP? That's correct. Yes. And the architectural fees? Those, uh, have been encumbered as part of the previous million dollars- Okay. ... that, um, had been approved. So, that's what we're voting on tonight, is to release this spending, uh, so that we can go on and get the bids. If the bids come in under, that's really a wonderful thing. If they come in over, we take a step back and relook at it. Is that correct? Shea? Somebody? That, that certainly is the normal procedure as- Is that, is, is, is that what I'm understanding? Yes. Okay. Thank you. I certainly hope we can pass this through tonight. Council Member Blues. I, I think my question will be for Shea. Uh, I realize that, that the, that the discussion of the difference between six million and eight million or nine million, uh, that, that these numbers are, are not insignificant. They are important. To me, though, what's more important is, is not so much what we, what we, what we bond, what we spend for the project, but whether we are paying for a project that is a success for this community. And what I'm concerned about is that the working group that we are, we are forming to provide a reliable business plan, a feasibility study that looks at all of the factors that would indicate the extent to which the project as currently defined can be successful. What if the working group comes back to us in 50 days, 60 days, um, and says, "We don't think that the project as, as currently, as currently described, can be successful. That what would make this success, a success is, let's say, a theater only, or a museum only, or some other combination of, uh, you know, of, of, uh, of community, uh, uh, you know, community activities, uh, theater, whatever it might, it might be." Eh, what are our options at that point? If we're going forward with an RFP now, or as soon as this, this, this reimbursement resolution is approved, if it's approved, if we go forward with an RFP for the, for the project as it has been presented to us, what are the options for over the next, you know, over the next two months or so to look at, at the results of the, uh, of the working group, its recommendations, its advice, and the, uh, and let's say, the bids that we get? In other words, do we have flexibility here, or are we committing ourselves to building a facility and then being rigidly adherent to it? To answer the question, I think we have to go back several years, and I know we've touched on this a little bit this evening, but through engagement of the community, through the task force, and through the work of the architect in taking the information for the various things that the, the community said they wanted to use this for, and there is a huge list, and meeting with other, uh, facilities around the country and determining that a standalone, uh, museum was not the best revenue generator, that just a theater alone would not be successful, that having multi-purpose space would allow for another source of revenue generation, the history has been that the architect working with the task force presented the design, the conceptual design that had all of those components... ... to the Irving County Council in 2006, and that design was approved. So I kinda see two different things going on. What we're trying to do is get, um, permission from the council to move forward with construction of the design that the council in 2006 approved and the design that was submitted to the state. The other component is the business plan, and that deals with the operating, what kind of programming, how many shows you have, um, the stuff that I'm not an expert on, but people that were engaged on the business plan are, and others that will be a part of the working group, such as Jim Clark and others are. So if they come back, what- what they should be focusing on is how to make the existing design work so as to minimize the, um, the subsidy that may be required from Irving County government. Their charge, the way I understand it, is not to change the design. Now, if Irving County Council wants to not approve the construction moving forward of the design as it, as it exists, we'll fi- have to figure out where we go from there. But I don't think the business plan group, the working group, is charged with changing the design. In our opinion, the design was already approved by the Irving County Council in 2006. And that is why we are, we put the money in to complete the construction in this current year's budget, and now we're asking to move forward with spending those construction dollars. Council member Blues, let me elaborate on that just a little bit. I agree with everything that, that Shay has said, but I would also suggest to you that if at the end of a 60-day period or so we have a bid in, in response to the RFP that we find to be outrageously expensive that blows any hope of a workable solution, uh, given all of the history of this project, then we can reevaluate. On the other hand, if the bid comes in much lower, we can reevaluate as well. So what we are suggesting is that we move forward with an effort to get a, a firm price on what it would cost to construct the facility, and then if the work group concludes that facility just cannot fit within the broad scheme of things given that price tag on that building, we'll have to go back to the drawing board. But given all of the, the, uh, lengthy commitment that a lot of folks in the community have made to this project in the past, we felt it was appropriate to get this issue out on the table. And I think that will give that, that sequence of events, you know, 30 to 60 days to get a response to our RFP and some period of time after that for the council to consider whatever the bids are, um, would give us some time to address some of the issues you're raising. I think that's, um, that's an important clarification. And, and, and especially for me, the, the, uh, uh, the confidence that, that, that there will still be a drawing board in case we, we need it. Uh, part of our, our, our uncertainty here, certainly part of my uncertainty, is the fact that we, that, uh, that the, that the plan we were presented with had that disclaimer that said we, you know, we weren't asked to, to discuss the, the viability of this, you know, this proposal. So I, I, uh, uh, I am, uh, you know, feeling better that- Sure. ... we, we, we may indeed have, have more information, a better analysis, a better basis for then evaluating the, uh, uh, the bid that we get, not only in terms of the money, but of the proposal. I, I would suggest to you tonight you're not going across the point of no return. Now, the next step when w- we come to you with a, a proposal to build a building for X dollars from, from a particular construction company, uh, if we accept that, that's when we're at a point of no return. Yes. But not tonight. Understand. Thank you, Shay. Thank you, Mayor. Your welcome. I'm sorry. I apologize. Council Member Myers. Thank you, Mayor. Eh, my question was really answered by, um, uh, um, another council member asked the questions about the $6 million again and the fact that we're committed to a $6 million project, and that all the conversation about the 8.9 and all the rest of that stuff is irrelevant because today we're voting on a $6 million project. If it goes over $6 million when we get the bids back, then we, just like the mayor just said, we go back to the drawing board. So, um, I hope that everybody... It's been great discussion. Um, I'm glad to see all that, but I hope everybody will go ahead and vote this through and continue moving forward. Thank you, Mayor. Council Member Martin. Thank you, Mayor. I support this project even though many questions remain. Um, the points made by my colleagues are, are valid and real. There are many concerns about how much this project will ultimately cost and who will pay for that. Uh, I too am very concerned about the parking situation, and those questions need to be answered because this project needs to succeed. We don't wanna build it and it not work. We want it to work. In voting to approve the r- reimbursement resolution, I'm relying on the fact that the council will have to approve the bids when they come in- And that this is not a point of no return. If it comes in high, we'll have to reexamine it. But I also expect that all possible and conceivable efforts will be made to engage a professional, so identify and apply for a wide range of grants that are available for projects that are worthy, just such as this. I think there's a lot of money that could be tapped and, and, and sought after to fund a number of these things. And I expect that the task force will explore the creation perhaps of a foundation or other mechanism to apply for grants and to undertake a vigorous fundraising effort to reduce the burden of the project on the taxpayer and to ensure funds for the vibrancy and success of the project. I think there's a lot of, of efforts that still need to be made on, on finding funds for this. And it, that will help pay for the sound boards, and that will help pay for the lights. Uh, but the project will not be successful without it, and so, um, and so this, this has to happen. So uh, I, I, in, in voting to, to support this, w- we all, I think, expect that those efforts will be made because the project will not be a success without it. Thank you, Mayor. Councilman Beard. Thank you, Mayor. Um, you know, we've talked about the six million, we've talked about the previous one million, we've talked about the 500,000 and we're still short the mysterious one million four that, uh, we haven't specifically identified. I would hope that we would not come back with a bid of six million dollars and go forward with construction without knowing exactly what we have to spend to make this thing a viable entity. The worst thing we can do is put together a nice-looking building and then have the insides of it slipshod and unable to be able to do the things that we dreamed that it w- might be able to do. Um, so I would suggest that we also g- get some preliminary bids from vendors on the types of equipment we've talked about, the sound boards and the projectors and the theatrical lighting and things of that sort, so that we can have a number that we can count on and go forward with. And I would suggest that, um, I mean, that's, that's just critical. It may not be a million for it, it may be something less. And then again, it may be something more. Um, but I in no way, shape, or form can we get the bid back at six million dollars and go forward with the construction without knowing what the whole package is, in my opinion. Thank you. Thank you. Does any other council member wish to speak to the issue? Madam Clerk. Number five, declaration of official intent with respect to reimbursement of temporary advances made for capital expenditures to be made from subsequent borrowings. Number six, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute agreements with Bluegrass Irish Society Incorporated $400, and Oscars Gala Incorporated, $700 for the Office of the Urban County Council at a cost not to exceed the sum stated. Number seven, a resolution approving pursuant to KRS 62.055 and Section 22-55.1 of the Code of Ordinances, the bond with surety of Donald W. Blevins, Jr., Fayette County Clerk, in the amount of $400,000 and directing the Department of Law to record the bond with surety along with the certified copy of this resolution in the office of the Fayette County Clerk. Number eight, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute change order number one to the contract with Gershman, Brickner, & Bratton Incorporated for master plan recycling program, increasing the contract price by the sum of $17,965 from $253,601 to $271,566. Number nine, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute change order number two to the contract with Bluegrass Pride for environmental public education, increasing the contract price by the sum of $80,000 from $257,475 to $337,475. Number 10, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a certificate of consideration and accepted deed conveying a temporary construction easement from Stonewall Wesleyan Methodist Church for the property located at 3353 Clays Mill Road for the Clays Mill Road Improvement Project and authorizing payment in the amount of $1,300 plus usual and appropriate closing costs. Number 11, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a certificate of consideration and accepted deed conveying a temporary construction easement from Joseph and Margaret Fox for the property located at 3432 Clays Mill Road for the Clays Mill Road Improvement Project and authorizing payment in the amount of $1,000 plus usual and appropriate closing costs. Number 12, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a certificate of consideration and accepted deed conveying a temporary construction easement from Gretschel and Jane Hignight for the property located at 3433 Clays Mill Road for the Clays Mill Road Improvement Project and authorizing payment in the amount of $1,375 plus usual and appropriate closing costs. Number 13, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a certificate of consideration and accepted deed conveying a temporary construction easement from Helen Latham for the property located at 3436 Clays Mill Road for the Clays Mill Road Improvement Project and authorizing payment in the amount of $675 plus usual and appropriate closing costs. Number 14, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a certificate of consideration and accepted deed conveying a temporary construction easement from Donna Rowsey for the property located at 3444 Clays Mill Road for the Clays Mill Road Improvement Project and authorizing payment in the amount of $975 plus usual and appropriate closing costs. Number 15. A resolution authorizing and directing the mayor on behalf of the Irvin County government to execute a certificate of consideration and accept a deed conveying a temporary construction easement from David Noise for the property located at 3445 Clays Mill Road for the Clays Mill Road Improvement Project and authorizing payment in the amount of $350 plus usual and appropriate closing costs. Number 16. A resolution authorizing and directing the mayor on behalf of the Irvin County government to execute a certificate of consideration and accept a deed conveying a temporary construction easement from Joseph Moore for the property located at 3448 Clays Mill Road for the Clays Mill Road Improvement Project and authorizing payment in the amount of $725 plus usual and appropriate closing costs. Number 17. A resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute a certificate of consideration and accept a deed conveying a temporary construction easement from Sterling and Rebecca Welch, the property located at 3449 Clays Mill Road for the Clays Mill Road Improvement Project and authorizing payment in the amount of $1,650 plus usual and appropriate closing costs. Number 18. A resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute a certificate of consideration and accept a deed conveying a temporary construction easement from Mary Ann Terry for the property located at 3452 Clays Mill Road for the Clays Mill Road Improvement Project and authorizing payment in the amount of $850 plus usual and appropriate closing costs. Number 19. A resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute a certificate of consideration and accept a deed conveying a temporary construction easement from Cameron and Mary Peck for the property located at 3453 Clays Mill Road for the Clays Mill Road Improvement Project and authorizing payment in the amount of $1,500 plus usual and appropriate closing costs. Number 20. A resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute a certificate of consideration and accept a deed conveying a temporary construction easement from Claudia Johnson and Janet Carter for the property located at 3456 Clays Mill Road for the Clays Mill Road Improvement Project and authorizing payment in the amount of $825 plus usual and appropriate closing costs. Number 21. A resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute a certificate of consideration and accept a deed conveying a temporary construction easement from Jack C. Rooker Junior for the property located at 3457 Clays Mill Road for the Clays Mill Road Improvement Project and authorizing payment in the amount of $2,250 plus usual and appropriate closing costs. Number 22. A resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute a certificate of consideration and accept a deed conveying a temporary construction easement from Roger F. Owens for the property located at 3460 Clays Mill Road for the Clays Mill Road Improvement Project and authorizing payment in the amount of $675 plus usual and appropriate closing costs. Number 23. A resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute a certificate of consideration and accept a deed conveying a temporary construction easement from Roy Prater for the property located at 3464 Clays Mill Road for the Clays Mill Road Improvement Project and authorizing payment in the amount of $600 plus usual and appropriate closing costs. Number 24. A resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute a certificate of consideration and accept a deed conveying a temporary construction easement from John J. Riley for the property located at 3465 Clays Mill Road for the Clays Mill Road Improvement Project and authorizing payment in the amount of $1,550 plus usual and appropriate closing costs. Number 25. A resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute a certificate of consideration and accept a deed conveying a temporary construction easement from Diane and John Gerstal for the property located at 3468 Clays Mill Road for the Clays Mill Road Improvement Project and authorizing payment in the amount of $650 plus usual and appropriate closing costs. Number 26. A resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute a certificate of consideration and accept a deed conveying a temporary construction easement from Zach and Linda Carter for the property located at 3469 Clays Mill Road for the Clays Mill Road Improvement Project and authorizing payment in the amount of $3,125 plus usual and appropriate closing costs. Excuse me just a moment. If I could ask you just to try to hold it down a little bit. It's getting kinda hard to, to hear the clerk, and if- if you do have a conversation, a protracted conversation, if you could step out into the hall, it would help us to move along. Madam Clerk. Number 27. A resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute a certificate of consideration and accept a deed conveying a temporary construction easement from Damien and Kathleen Moore for the property located at 3470 Clays Mill Road for the Clays Mill Road Improvement Project and authorizing payment in the amount of $600 plus usual and appropriate closing costs. Number 28. A resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute a certificate of consideration and accept a deed conveying a temporary construction easement from Evelyn Napier for the property located at 3473 Clays Mill Road for the Clays Mill Road Improvement Project and authorizing payment in the amount of $1,575 plus usual and appropriate closing costs. Number 29. A resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute a certificate of con- certificate of consideration and accept a deed conveying a temporary construction easement from Chris R. and Rebecca A. Chancellor for the property located at 3506 Clays Mill Road for the Clays Mill Road Improvement Project and authorizing payment in the amount of $1,050 plus usual and appropriate closing costs. Number 30. A resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute a certificate of consideration and accept a deed conveying a temporary construction easement from Maurice and Debra Read for the property located at 3510 Clays Mill Road for the Clays Mill Road Improvement Project and authorizing payment in the amount of $3,975 plus usual and appropriate closing costs. Number 31. A resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute a certificate of consideration and accept a deed conveying a temporary construction easement from Rose Grider for the property located at 3514 Clays Mill Road for the Clays Mill Road Improvement Project and authorizing payment in the amount of $1,400 plus usual and appropriate closing costs. Number 32. A resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute a certificate of consideration and accept a deed conveying a temporary construction easement from David and Sandra Evans for the property located at 3561 Clays Mill Road for the Clays Mill Road Improvement Project and authorizing payment in the amount of $575 plus usual and appropriate closing costs. Number 33. I- ... a resolution ratifying the probationary civil service appointments of Diana Caldwell, Social Worker Senior, grade 113E, 1282.24 biweekly in the Department of Social Services, effective November 24, 2008. Angela Williams, Social Worker Senior, grade 113E, 1580.96 biweekly in the Division of Youth Services, effective March 2, 2009. Christopher Cooperrider, Deputy Director of Parks and Recreation, grade 120E, 3299.44 biweekly in the Division of Parks and Recreation, effective March 2, 2009. Leticia Chancellor, Telecommunicator Senior, grade 113N, 16.961 hourly in the Division of Emergency Management 911, effective March 2, 2009. Thomas Webb, Program Manager Senior, grade 120E, 2919.93 biweekly in the Division of Environmental Policy, effective March 2, 2009. Monica Taylor, te- Telecommunicator Senior, grade 113N, 17.036 hourly in the Division of Emergency Management 911, effective March 16, 2009. Sandra Stonebuye, grade 112E, 1595.12 biweekly in the Division of Purchasing, effective March 2, 2009. Jenny Cord, Telecommunicator Senior, grade 113N, 19.098 hourly in the Division of Emergency Management 911, effective March 2, 2009. Ratifying the permanent civil service appointments of Thad Scott, Engineering Technician, grade 111N in the Division of Water Quality, effective February 18, 2009. Byron Mitchell, Engineering Technician, grade 111N in the Division of Water Quality, effective February 4, 2009. Amanda Williamson, Customer Service Specialist, grade 110N in the Division of Government Communications, effective February 19, 2009. Ratifying the permanent sworn appointments of Reed Bowles, James Boyd, William Deep, David Fetko, Aaron Greenleaf, Anthony Guidely, Joseph Holland, Brian McCalister, Jervis Middleton, Joshua Mitchell, Adam Ray, Justin Rowland, Derek Smith, Gary Thurman, Jason Wallace, Police Officer, grade 311N in the Division of Police, effective January 9, 2009. Ratifying the probationary Community Corrections Officer Appointments of Mackenzie Moses, Christopher Lane, Community Crushions Officer, grade 110N in the Division of Community Corrections, effective February 18, 2009. Ratifying the permanent Community Corrections Officer Appointments of Stanley Anderson, David Bryan, Christopher Canter, Stephanie Doss, Paul Gaines, John Girardi, James Harmon, Adam Hires, Michelle Hunt, Daniel Keeling, Kevin Lawson, Bane McCracken, Daniel Pedago, Anne Schultz, Rochelle Walker, Community Corrections Officer, grade 110N in the Division of Community Corrections, effective March 1, 2009. Number 34, a resolution authorizing and directing the mayor on behalf of the Urban County government to execute Oracle License and Service Agreement and any other related documents with Oracle and/or MetaFormers Incorporated for acquisition of PeopleSoft Enterprise, Real Estate Management, and Enterprise Transaction Billing Processor licenses, updates, and support at a cost not to exceed $43,422.86. Number 35, a resolution authorizing and directing the mayor on behalf of the Urban County government to execute change order number one, final to the contract with Meyer Midwest Incorporated for the Elizabeth Street Drainage Improvements Project, increasing the contract price by the sum of $10,609.24, from $296,835.50 to $307,444.74. Number 36, a resolution authorizing and directing the mayor on behalf of the Urban County government to execute a contract with the Lexington Legends Professional Baseball Club for public education about stormwater and household waste management required by the Stormwater Quality Management Program at a cost not to exceed $37,500. I believe there's a motion on number 37. Mayor. Mayor. There's a motion. I'm sorry, Councilmember James. I have an amendment to resolution number 37. Um, I move that resolution number 37 under si- second reading resolutions be amended by substituting the term most likely for significantly in the second recital on page two of the resolution, and by amending, um, the second, the section three to provide that the council should advocate for law enforcement agencies to provide data to work with the Administrative Office of the Courts to aggregate data related to the arrest of, and release of juveniles. This is a non-material change and does not require a new first reading. So moved. Second. I have a motion by Councilmember James and a second by Councilmember Gordon to amend item 37 as specified. Is there any discussion? Uh, Councilmember Blues. Just, uh, a bit of a explanation, or- Oh, sure. Gladly. ... on this. Um, you may recall that at the time that, um, this was enter- or added to the docket, which was, um, not this past Tuesday, but the Tuesday before last, um, I asked that it be added to the docket after review of the law department, um, for language, and this was after the workshop we had on the previous Thursday, um, and at that time, law department had not had ch- had a chance to review. Um, since that time, since the time of the first reading, the law department, um, myself, the Commissioner of Public Safety, and the Commissioner of Social Services, as well as a representative of DMC, have been able to sit down and, um, work out any, um, d- language details, um, that needed to be cleared up for, um, as far as the law department and those two divisions of government are concerned. Thank you. You're welcome. Any further discussion? All in favor of the amendment, please let it be known by saying aye. Aye. Opposed, no. Motion carries. Thank you, Mayor. Madam Clerk. Resolution number 37 as amended, a resolution recognizing the disproportionate confinement of juvenile members of minority groups and stating the Urban County Council's supportive efforts to reduce disproportionate minority confinement, the collection and aggregation of data by law enforcement agencies and the Administrative Office of the Courts, and the continued funding of delinquency and crime prevention programs and alternatives to secure detention. Number 38, a resolution authorizing the division of human resources to internally advertise for an administrative specialist principle position in the Division of Police. Number 39, a resolution authorizing and directing the mayor on behalf of the Urban County government to execute a certificate of consideration and accept a deed conveying a permanent sidewalk easement and a temporary construction easement from Jeffrey and Ingrid Grimes for the property located at 325 Roosevelt Boulevard, the Georgetown Street Sidewalk Project, and authorizing payment in the amount of $150 plus usual and appropriate closing costs. Number 40, 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 Brian A. and Kelly R. Miller for the property located at 3440 Clays Mill Road for the Clays Mill Road Improvement Project, and authorizing payment in the amount of $725 plus usual and appropriate closing costs. Number 41, 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 Unitarian Universalist Church of Lexington for the property located at 3564 Clays Mill Road for the Clays Mill Road Improvement Project, and authorizing payment in the amount of $8,850 plus usual and appropriate closing costs. Number 42, 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 Robert and Rita Shara for the property located at 664 Cromwell Way for the Clays Mill Road Improvement Project, and authorizing payment in the amount of $4,575 plus usual and appropriate closing costs. Number 43, 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 Charles Watson and Catherine Prater for the property located at 665 Cromwell Way for the Clays Mill Road Improvement Project, and authorizing payment in the amount of $2,025 plus usual and appropriate closing costs. Number 44, a resolution amending Section E of the engineering services contract with Kinzelman, Klein & Gosman LLC for the Downtown Streetscape Master Plan to include two additional traffic engineering services, increasing the contract price by the sum of $88,000. Thank you very emote- much. Is there a motion to approve those resolutions? Move to approve, second. Have a motion by Council Member Blues and a second by Council Member Stennet to approve the resolutions that have received second reading. Any discussion? Seeing none, we'll proceed to vote. Those in favor of approving those resolutions, please indicate by voting aye. Those opposed vote no, e- electronically. And, uh, Madam Clerk, please call the roll. Ms. Henson. Yes. Ms. James. Yes. Mr. Lane. Yes, no on five. Ms. Lawless. Yes. Mr. Martin. Yes, to all recused and number four due to prior representation. Mr. Myers. Yes. Mr. Stennet. Mr. Beard. Aye. Mr. Blues. Yes. Ms. Crosby. A yes, no on five. Mr. Ellinger. Yes. Ms. Figel. Um, yes, no on five. Ms. Gordon. I'm voting no on number 41 and yes on all the rest. And Mr. Gray. Uh, yes. 41 is the easement for the Unitarian church property. No on that. We have everything noted. Voted no on 41, Vice Mayor Gray. Okay, I know there were two no votes on number 41. And was it three no votes on number five? So all of those resolutions are approved unanimously with exception of number five where there were three dissenting votes and number 41 where there were two. All right. And note Council Member Martin's abstention on number four. Farewell. Thank you. Those resolutions are all approved. Um, Madam Clerk. Number 45, a resolution accepting the bids of Quality Cleaning Service Incorporated and Advance Construction of Kentucky LLC establishing price contracts for cleaning services for flooding for the Division of Water Quality. Number 46, a resolution accepting the bid of J&R Construction Services Incorporated establishing a price contract for roof repairs and maintenance for the Division of Facilities and Fleet Management. Number 47, a resolution accepting the bid of Roehrig Pacific Company establishing a price contract for universal refuse recycling carts for the Division of Waste Management. Number 48, a resolution accepting the bid of Basler Farms establishing a price contract for land for lease at Blue Grass Station, for the Division of Parks and Recreation and authorizing and directing the mayor on behalf of the Urban County government to execute an agreement with Basler Farms related to the bid. Excuse me just a minute. Once again, if you would, please, uh, try to control the noise level just a little bit. And if you do have a conversation that you need to undertake, I certainly understand, but I'd appreciate you just stepping outside the door, please. Madam Clerk. Number 49, a resolution accepting the bid of Fritz Farms establishing a price contract for land for lease at Cardinal Run Park for the Division of Parks and Recreation and authorizing and directing the mayor on behalf of the Urban County government to execute an agreement with Fritz Farms related to the bid. Number 50, a resolution accepting the bid of France Incorporated in the amount of $120,290 for the HVAC upgrade to Police Technical Services Unit Building for the Division of Police, and authorizing and directing the mayor on behalf of the Urban County government to execute an agreement with France Incorporated related to the bid. Number 51, a resolution accepting the bid of Klonj Construction LLC in the amount of $254,357.15 for the Radcliff Road storm water improvements for the Division of Water Quality and authorizing and directing the mayor on behalf of the Urban County government to execute an agreement with Klonj Construction LLC related to the bid. Number 52. A resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an agreement with the Salvation Army for use of grant funds for a program to provide essential services and homelessness prevention services to families and individuals who are homeless or at risk of becoming homeless at a cost not to exceed $9,000. Number 53. A resolution authorizing and directing the mayor on behalf of the Urban County Government to execute and submit seven grant applications to the Kentucky Transportation Cabinet, and to provide any additional information requested in connection with these grant applications, which grant funds are in the amount of $8,866,340 federal funds from the Transportation Enhancement Program and are for the Loudoun Avenue Sidewalk Project, $240,000, the Georgian Way Pedestrian Bridge, $505,880, phases two and three of the Legacy Trail, $5,002,500, the Southland Drive Bike-Pedestrian Improvements Project, $240,000, the Town Branch Trail Crossing, $408,720, the South Limestone Sc- Streetscape Improvements Project, $2,000,000, and the third phase of the Pope Villa Construct Rees- Restoration, $469,240. Number 54. A resolution authorizing and directing the mayor on behalf of the Urban County Government to execute change order number three to the contract with CDP Engineers Incorporated for design services for the South Elkhorn Pump Station and Force Main Improvement Project, increasing the contract price by the sum of $47,000 from $487,500 to $534,500. Number 55. A resolution authorizing and directing the mayor on behalf of the Urban County Government to execute change order number one to the contract with CMH of Kentucky Incorporated, doing business as Love Homes number 853 for temporary housing for the Newtown Pike Extension Project, increasing the contract price by the sum of $11,337 from $706,906.76 to $718,243.76. Number 56. A resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a certificate of consideration and accept a deed conveying a permanent sidewalk easement and a temporary construction easement from Martin Watts for the property located at four hu- 429 Georgetown Street for the Georgetown Street Sidewalk Project, and authorizing payment in the amount of $100 plus usual and appropriate closing costs. Number 57. A resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a certificate of consideration and accept a deed conveying a permanent sidewalk easement and a temporary construction easement from Martin Watts for the property located at 431 Georgetown Street for the Georgetown Street Sidewalk Project and authorizing payment in the amount of $100 plus usual and appropriate closing costs. Number 58. A resolution authorizing and directing the mayor on behalf of the Urban County Government to execute agreements with Bluegrass Council of Boy Scouts of America Incorporated, $1,275, and Citizens Fire Academy Alumni Association of Lexington Incorporated, $1,125, the Office of the Urban County Council, at a cost not to exceed the sum stated. Number 59. A resolution ratifying the probationary civil service appointments of Brian Bottom, Program Manager Senior Grade 120E2700 biweekly in the Division of Environmental Policy, effective March 2nd, 2009. Mark York, Program Manager Senior Grade 120E3100 biweekly in the Division of Environmental Policy, effective March 2nd, 2009. Kevin Wagner, Engineering Technician Senior Grade 113E1468.96 biweekly in the Division of Water Quality, effective March 16th, 2009. Ratifying the probationary sworn appointments of Anne Gutierrez, Police Sergeant Grade 315N27.013 hourly in the Division of Police, effective March 2nd- March 16th, 2009. Christopher Van Brackel, Police Lieutenant Grade 317E2827.44 biweekly in the Division of Police, effective March 16, 2009. Approving the unclassified civil service appointment of Krista Greathouse, Administrative Aide to the Mayor, Grade 118E2653.85 biweekly in the Office of the Mayor, effective February 28, 2009. Number 60. A resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a partner agreement with the University of Kentucky Bluegrass Health Marriage Initiative for the establishment of a cooperative partnership to increase child wellbeing and family stability in Central Kentucky for the Division of Family Services at no cost to the Urban County Government. 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 Environmental Protection Agency and to provide any additional information requested in connection with this grant application, which grant funds are in the amount of $100,000 federal funds and are for a community action for renewed environment pro- program project. Number 62. A resolution authorizing and directing the Di- Division of Traffic Engineering pursuant to Code of Ordinances Section 18-78 and 18-113 to mark a center turn lane and erect signs restricting parking on the 1300 block of Alexandria Drive. Number 63. A resolution authorizing and directing the mayor on behalf of the Urban County Government to accept a donation from Ms. Judy Craft of a treadmill for use at the Division of Police at no cost to the Urban County Government. Number 64. A resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an engineering services agreement with CDP Engineers Incorporated for Appomatics LOMR submission and Sherwood Drive drainage improvements at a cost not to exceed $32,700. Number 65. A resolution authorizing and directing the mayor on behalf of the Urban County Government to execute change order number one to the contract with Spectrum Contracting for the Gainesway Pond and Educational Trail System Project, increasing the contract price by the sum of $29,151.37 from $828,520 to $857,671.37. Number 66. A resolution amending resolution number 273-2003 previously amended by resolution number 173-2004, resolution number 366-2007, and resolution number 469-2007 to change the name of the approved company which was granted an inducement pursuant to the Kentucky Jobs Development Act from Tempur World LLC to Tempur-Pedic Management Incorporated, and to change the name of the approved affiliate, Tempur-Pedic North America Incorporated, to Tempur-Pedic North America LLC- And to recognize Tempur-Pedic Management Incorporated and Tempur-Pedic North America, LLC as approved companies for the economic development project, effective retroactive to July 1, 2008. Number 67. A resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a professional services agreement with L. LeAnn McBride as a sexual assault nurse examiner to provide on-call forensic examinations under the Sexual Assault Nurse Examiner Program at a cost not to exceed $40 for each scheduled on-call period, $230 for each completed forensic examination, $50 per case for professional testimony in court, and the reasonable cost of medical liability insurance. Number 68. A resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a professional services agreement with Jessica Collins as the sexual assault nurse examiner to provide on-call forensic examinations under the Sexual Assault Nurse Examiner Program at a cost not to exceed $40 for each scheduled on-call period, $230 for each completed forensic examination, $50 per case for professional testimony in court, and the reasonable cost of medical liability insurance. Number 69. A resolution 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, and to provide any additional information requested in connection with this grant application which grant funds are in the amount of $75,000 Commonwealth of Kentucky funds from the law enforcement service fee program and are for police officer overtime hours for traffic alcohol patrol program. Number 70. A resolution 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, and to provide any additional information requested in connection with this grant application, which grant funds are in the amount of $227,500 federal funds and are for continuation of the Street Sales Drug Enforcement Project. Number 71. A resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a certificate of consideration and accept a deed conveying a permanent sidewalk easement and a temporary construction easement from Morris Saeed for the property located at 457 Georgetown Street for the Georgetown Street Sidewalk Project and authorizing payment in the amount of $100 plus usual and appropriate closing costs. Number 72. A resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a certificate of consideration and accept a deed conveying a permanent sidewalk easement and a temporary construction easement from Leon and Betty Underwood for the property located at 560 Georgetown Street for the Georgetown Street Sidewalk Project and authorizing payment in the amount of $100 plus usual and appropriate closing costs. Number 73. 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 Springdale Baptist Church Incorporated for the property located at 1380 Higbee Mill Road for the Clays Mill Road Improvement Project and authorizing payment in the amount of $13,725 plus usual and appropriate closing costs. Number 74. 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 Windstream Kentucky East LLC for the property located at 1401 Higbee Mill Road for the Clays Mill Road Improvement Project, and authorizing payment in the amount of $2,375 plus usual and appropriate closing costs. Number 75. A resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a certificate of consideration and to accept a deed for property located at 138 Northwood Drive from Cecil and Linda Cooper for the Northwood Drive Stormwater Project and authorizing payment in the amount of $113,700 plus usual and appropriate closing costs. Number 76. A resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a certificate of consideration and accept a deed conveying permanent sanitary sewer and temporary construction easements from BBBBP&S LLC for the property located at 172 South Forbes Road for the North Elkhorn Force Main Project, and authorizing payment in the amount of $5,875 plus usual and appropriate closing costs. Number 77. A resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a certificate of consideration and accept a deed conveying permanent sanitary sewer and temporary construction easements from Linda Johnson for the property located at 1214 Liggett Street for the North Elkhorn Force Main Project, and authorizing payment in the amount of $1,375 plus usual and appropriate closing costs. Number 78. A resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a certificate of consideration and accept a deed conveying a temporary construction easement from Autumn Park Apartments for the property located at 3361 Holwen Road for the Clays Mill Road Improvement Project, and authorizing payment in the amount of $8,425 plus usual and appropriate closing costs. Number 79. 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 Donald and Peggy Adkins for the property located at 3433 Holwen Road for the Clays Mill Road Improvement Project, and authorizing payment in the amount of $550 plus usual and appropriate closing costs. Number 80. 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 Southern Heights Baptist Church for the property located at 3437 Holwen Road for the Clays Mill Road Improvement Project, and authorizing payment in the amount of $900 plus usual and appropriate closing costs. Number 81. 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 Lura Gulley Living Trust for the property located at 651 Gravis Court for the Clays Mill Road Improvement Project, and authorizing payment in the amount of $925 plus usual and appropriate closing costs. 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 William and Betty Hall for the property located at 3343 Keithshire Way for the Clays Mill Road Improvement Project, and authorizing payment in the amount of $2,100 plus usual and appropriate closing costs. Number 83. 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 Joyce Adams for the property located at 3344 Keithshire Way for the Clays Mill Road Improvement Project, and authorizing payment in the amount of $1,350 plus usual and appropriate closing costs. Number 84, resolution authorizing and directing the mayor on behalf of the Urban County Government to apply for any available funds arising from the American Recovery and Reinvestment Act and t- to execute and submit all grant applications and any other documentation necessary to obtain these federal stimulus funds. Number 85, a resolution authorizing and directing the Department of Law on behalf of the Urban County Government to execute a letter engaging Terry Sellers to provide legal services in acquiring the Blue Sky Wastewater Treatment Plant and providing sewage treatment to the area currently served by the plant. Number 86, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute agreements with Bluegrass Area Chapter of the American Red Cross, $1,150, and Lexington Humane Society, $525 for the office of the Urban County Council at a cost not to exceed the sum stated. Number 87, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a service agreement with Devomi Corporation for software support for licensed software at a cost not to exceed $5,900. Thank you very much. Council member Gordon. Uh, thank you, Mayor. Uh, council members, you will remember that, uh, we voted, um, on a resolution for ice storm cleanup in the parks, and this, uh, motion that I am going to make, um, corrects that resolution. I move to place on the docket under first reading of resolutions, a resolution amending resolution number 149-2009 to correct the amount of the bid and payment due to Schwartz Mowing Inc. by $1,350 for a sum not to exceed the amount of $29,600. Second. Second. I have a motion and second to add that item to the docket for first reading. Is there any discussion? All in favor, please say aye. Aye. Opposed, no? Motion carries. Madam Clerk. Number 88, a resolution amending resolution number 149-2009 to increase the amount of the bid and the amount to be paid to Schwartz Mowing Incorporated pursuant to the bid and the agreement by $1,350 for a total not to exceed amount of $29,600, effective retroactive to February 26th, 2009. Thank you. Uh, Council Member Meyers, I've got you on the list. Thank you, Mayor. I move to suspend the rules and give second reading to number 53, and the reason is because, um, there are grant applications that need to be submitted in a timely fashion. So moved. Mr. Harris, I have a second, um, motion by Council Member Meyers and a second by Council Member Lane to suspend the rules and give second reading to item 53. Are there others? Counsel, uh, all right. Um, I wanna just go down the list here. Council Member Lane. Thank you, Mayor. Uh, I move to suspend the rules and ask for a second read on resolution 84. This would allow the mayor to immediately sign, uh, grant requests from the American Recovery and Investment Act. So moved. Second. We'll add that by way of a friendly amendment if there's no objection to that way, and we'll just try to catch 'em all here at one time. Um, Council Member, um, Lane? Or are you, m- let's see. We just got Council Member Lane. Council Member Hinson. Mayor, I'd like to, uh, suspend the rules and give second reading to number 62 so this project could move forward. Thank you. Uh, Council Member Blues? I'd like to add 61, please. Council Member James. Mayor, um, I have four to add, and these are all affiliated with the Georgetown Street sidewalk, um, project and has to do with accessibility and also timing on a bond. Um, number 56, 57, 71, and 72. Thank you. Council Member Gordon. Thank you, Mayor. Uh, number 67 and 68, these are the same nurses who need to be paid, and number 88, which is the walk-on that I just read, and this, uh, Schwartz also needs to be paid. A- any others? All right. My notes reflect that we have a motion to suspend the rules to grant second reading to the following items, number 53, 56, 57, 61, 62, 67, 68, 71, 72, 84, and 88. Did I miss any? All right, those in favor of suspending the rules to grant second reading to those items, please indicate by saying aye. Aye. Opposed, no. No. Uh, Council Member Senate, Stennett, uh, uh, dissents. All others vote in affirmative, and that the, uh, motion is approved. Madam Clerk. Number 53, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute and submit seven grant applications to the Kentucky Transportation Cabinet and to provide any additional information requested in connection with these grant applications, which grant funds are in the amount of $8,866,340 federal funds from the Transportation Enhancement Program and are for the Loudoun Avenue Sidewalk Project, $240,000, the G- Georgian Way Pedestrian Bridge, $505,880, phases two and three of the Legacy Trail, $5,002,500, the Southland Drive Bike-Pedestrian Improvements Project, $240,000, the Town Branch Trail Crossing, $408,720, the South Limestone Streetscape Improvements Project, $2 million, and the third phase of the Pope Villa Restoration, $469,240. Number 56. A resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a certificate of consideration and accept a deed conveying a permanent sidewalk easement and a temporary construction easement from Martin Watts for the property located at 429 Georgetown Street for the Georgetown Street Sidewalk Project and authorizing payment in the amount of $100 plus usual and appropriate closing costs. Number 57. A resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a certificate of consideration and accept a deed conveying a permanent sidewalk easement and a temporary construction easement from Martin Watts for the property located at 431 Georgetown Street for the Georgetown Street Sidewalk Project and authorizing payment in the amount of $100 plus usual and appropriate closing costs. 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 Environmental Protection Agency and to provide any additional information requested in connection with this grant application, which grant funds are in the amount of $100,000 federal funds and are for a community action for a renewed environment program project. Number 62. A resolution authorizing and directing the division of traffic engineering pursuant to Code of Ordinances section 18-78 and 18-113 to mark a center turn lane and erect signs restricting parking on the 1300 block of Alexandria Drive. Number 67. A resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a professional services agreement with Jessica Collins as a sexual assault nurse examiner to provide on-call forensic examinations under the Sexual Assault Nurse Examiner Program at a cost not to exceed $40 for each scheduled on-call period, $230 for each completed forensic examination, $50 per case for professional testimony in court, and the reasonable cost of medical liability insurance. Number 68. A resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a professional services agreement with Jessica Collins as a sexual assault nurse examiner to provide on-call forensic examinations under the Sexual Assault Nurse Examiner Program at a cost not to exceed $40 for each scheduled on-call period, $230 for each completed forensic examination, $50 per case for professional testimony in court, and the reasonable cost of medical liability insurance. Number 71. A resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a certificate of consideration and accept a deed conveying a permanent sidewalk easement and a temporary construction easement from Morris Saeed for the property located at 457 Georgetown Street for the Georgetown Street Sidewalk Project and authorizing payment in the amount of $100 plus usual and appropriate closing costs. Number 72. A resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a certificate of consideration and accept a deed conveying a permanent sidewalk easement and a temporary construction easement from Leon and Betty Underwood for the property located at 560 Georgetown Street for the Georgetown Street Sidewalk Project and authorizing payment in the amount of $100 plus usual and appropriate closing costs. Number 84. A resolution authorizing and directing the mayor on behalf of the Urban County Government 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 number 88. A resolution amending resolution number 149-2009 to increase the amount of the bid and the amount to be paid to Schwartz Mowing Incorporated pursuant to the bid and the agreement by $1,350 for a total not to exceed amount of $29,600 effective retroactive to February 26th, 2009. Thank you very much. Is there a motion to approve those resolutions? So moved. Councilmember Lane has moved to approve those items. Councilmember Lawless has seconded. Is there any discussion? Seeing none, we will proceed to vote. All in favor, please vote aye electronically. All opposed vote nay electronically. And Madam Clerk, please call the roll. Miss Henson. Yes. Miss James. Yes. Mr. Lane. Yes. Miss Lawless. Yes. Mr. Martin. Yes. Mr. Myers. Yes. Mr. Stennett. Yes ma'am. Mr. Beard. Aye. Mr. Blues. Yes. Ms. Crosby. Yes. Mr. Ellinger. Yes. Ms. Figel. Yes. Ms. Gordon. Aye. And Mr. Gray. Yes. Thank you. You have, um, under item eight some communications. Is there a motion to approve? So moved. Thank you. Councilmember Beard has moved to approve those items. Is there a second? Second. We have a second with Councilmember Stennett. Any discussion? All in favor of approving those communications then, please vote aye. Aye. Opposed, no. The motion is approved. The, uh, ninth item on the agenda are communications for information purposes only. That leads us down to item 10, announcements. Are there any? I see none. I would just remind everybody that we, uh, have a tee-off time tomorrow morning at 9:00 at, uh, Taege Creek Country Club for our council and administration retreat. So, uh, we will look forward to seeing everybody there. Can we bring the golf carts back? No golf carts are permitted, I understand, but that is in the planning committee, I think, or- Services. Services committee. Congru- well, we, we'll see. Does anyone wish to address the council and offer public comment? I see none. Is there a motion to adjourn? So moved. Councilmember Stennett has moved to adjourn. Councilmember Beard... Blues has seconded. All in favor, please say aye. Aye. Opposed, no. The motion carries. Thank you very much. This moment is ours, baby. This moment is ours. And with the love we make. And with the stars above. We could set the night to music. We could set the night to music. We could do what we want to. Do what takes me and you. To set the night to music. To music. Set the night. Set the night to music. Music. Set the night to music. Set the night. Set the night to music. To music. Set the night to music. Set the night. Set the night to music. To music. Set the night to music. We could make it, love. Love. We could make it, love. Set the night to music. We could make it, love. Set the night to music. Yes, we could. Oh, we could make it, love. Set the night to music. Night to music. Oh. Oh. Waking up every day. Trying to find a positive way. To live here in this place. Gettin' by. Making it through each day. Love is the only way. To make the most of your day. 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