# Urban County Council Meeting - March 26, 2009 > Auto-transcribed civic record · Council · March 26, 2009 - **Permalink**: https://meetings.lexingtonky.news/meeting/826 - **Source video**: https://lfucg.granicus.com/player/clip/826?view_id=14&redirect=true - **Date**: 2009-03-26 - **Body**: Council - **Last revised**: June 18, 2026 - **Length**: 11,057 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 26, 2009, at 7:00 P.M. in Lexington, Kentucky, with Mayor Jim Newberry presiding. The meeting covered four agenda items, beginning with an invocation and proceeding through the approval of minutes, a second reading of ordinances, and a first reading of ordinances. Over the course of the meeting, the Council took 4 votes and heard 2 public comments. Both the minutes and the second reading of ordinances were approved, while the first reading of ordinances advanced to the next stage of the legislative process. ## Attendance The following members were present at the March 26, 2009 Council meeting: - James - Lane - Lawless - Martin - McChord - Myers - Stinnett - Blues - Crosbie - Ellinger - Feigel - Gorton - Gray - Henson **Absent:** Beard No members were recorded as late. ## Votes and Decisions Four votes were taken during the March 26, 2009 Council meeting, all of which passed unanimously. - **Approval of Meeting Minutes** [timestamp: 0:06]: Moved by Gorton, seconded by Stinnett, the Council approved the minutes from the September 9, September 18, October 2, and October 23, 2008 Council meetings. The motion passed by voice vote, 13–0. Voting in favor: James, Lane, Lawless, Martin, McChord, Stinnett, Blues, Crosbie, Ellinger, Feigel, Gorton, Gray, and Henson. - **Second Reading of Ordinances (Zone Change and Stormwater Discharges)** [timestamp: 10:02]: Moved by Crosbie, seconded by Blues, the Council approved the second reading of a package of ordinances including a zone change and provisions related to stormwater discharges. The motion passed by roll call vote, 13–0. Voting in favor: James, Lane, Lawless, Martin, McChord, Stinnett, Blues, Crosbie, Ellinger, Feigel, Gorton, Gray, and Henson. - **Approval of Resolutions (Cleaning Services Bids and Organizational Agreements)** [timestamp: 26:52]: Moved by Myers, seconded by James, the Council approved a set of resolutions covering bids for cleaning services and agreements with various organizations. The motion passed by roll call vote, 14–0. Voting in favor: James, Lane, Lawless, Martin, McChord, Myers, Stinnett, Blues, Crosbie, Ellinger, Feigel, Gorton, Gray, and Henson. - **Second Reading of Ordinance to Change Mayor's Budget Address Date** [timestamp: 28:57]: Moved by Lane, seconded by Henson, the Council approved the second reading of an ordinance to change the date of the Mayor's Budget Address. The motion passed by roll call vote, 14–0. Voting in favor: James, Lane, Lawless, Martin, McChord, Myers, Stinnett, Blues, Crosbie, Ellinger, Feigel, Gorton, Gray, and Henson. All four measures passed without opposition or abstention. The full 14-member Council was present for three of the four votes; 13 members participated in the first voice vote on the meeting minutes. ## Budget and Financial Actions The Council addressed three financial items at the March 26, 2009 meeting, covering a grant acceptance and two contracts. - **EPA Grant – $20,000:** The Council considered a $20,000 grant from the Environmental Protection Agency designated for health education and outreach. No resolution identifier was provided in the meeting record. - **Demolition and Site Preparation Contract – $540,335.25:** The Council took action on a contract award to Elza Construction, LLC in the amount of $540,335.25 for demolition and site preparation work associated with single family homes. No contract identifier was included in the meeting record. - **HVAC Upgrade Contract – $120,290:** The Council considered a contract with Frantz, Inc. in the amount of $120,290 for an HVAC upgrade to the Police Technical Services Unit Building. No contract identifier was included in the meeting record. Combined, the two contracts represent approximately $660,625.25 in expenditures, with the EPA grant providing an additional $20,000 in outside funding for public health programming. ## Public Comment Two members of the public addressed the Council during the public comment period of the March 26, 2009 meeting. - **Mr. McCarthy** spoke about the proposed conversion of one-way streets to two-way streets in the downtown area. [timestamp: 56:28] He expressed concerns that such a change would make downtown less accessible and would worsen traffic conditions, arguing against the proposal. - **Mr. Winkler** addressed the Council regarding the **Gainesway Pond Project**. [timestamp: 1:00:19] He was critical of how the project had been handled, focusing specifically on an oversight related to federal wage requirements. His comments suggested that proper procedures surrounding those requirements had not been adequately followed in connection with the project. ## Contested Items - **Funding for Lexington Distillery District Project** — The council was divided over the funding source for the Lexington Distillery District Project. The disagreement centered on whether to draw from the Council's Economic Development Fund to support the project. The item resulted in a split vote, indicating that council members were not in full agreement on the appropriate use of those funds for this purpose. No additional details are available in the record regarding the specific vote count, the names of members on each side, or the final outcome of the vote. ## Invocation [timestamp: 03:32] The meeting opened with an invocation delivered by Rev. Dr. C.B. Akins, Sr., Pastor of the First Baptist Church Bracktown. ## Approval of Minutes [timestamp: 06:16] The Council took up the approval of minutes from several previous meetings. The minutes presented for approval covered four prior sessions: those held on September 9, September 18, October 2, and October 23, 2008. Gorton and Stinnett were the key speakers during this portion of the meeting. The Council moved to approve the minutes, and the item was approved without recorded objection or significant debate. ## Second Reading of Ordinances [timestamp: 10:02] The Council conducted the second reading of ordinances related to zoning changes and stormwater discharges. Key speakers during this portion of the meeting included Crosbie and Blues. The ordinances were presented for their second reading, covering two subject areas: - **Zoning changes** — amendments to existing zoning regulations - **Stormwater discharges** — ordinance language addressing stormwater discharge requirements Following the second reading, the Council approved the ordinances. No additional details regarding specific debate, amendments, or concerns raised during this portion of the meeting are available in the record. ## First Reading of Ordinances [timestamp: 11:08] Several ordinances were given their first reading during this portion of the Council meeting. The ordinances covered a range of subjects, including zoning changes and budget amendments. Madam Clerk presided over the reading of these items. First readings represent the initial formal introduction of proposed ordinances before the full Council, allowing members and the public to become aware of pending legislative action prior to any vote. The ordinances presented at this stage would be subject to further consideration at a subsequent meeting before any final action could be taken. The specific ordinances read included measures related to zoning changes and budget amendments, though detailed discussion or debate on the individual items was not recorded at this stage of the proceedings. No final votes were taken on these ordinances, as the items remained at the first reading stage. --- ## Decisions - **Motion** — passed (13-0): Approval of minutes from September 9, 18, and October 2, 23, 2008 Council Meetings - **Motion** — passed (13-0): Second reading of ordinances including zone change and stormwater discharges - **Motion** — passed (14-0): Second reading of ordinance to change Mayor's Budget Address date - **Motion** — passed (14-0): Approval of resolutions including bids for cleaning services and agreements with various organizations --- ## Full transcript Metro Employees Credit Union is free to all employees of the Urban County Government and Partner Agencies. All that's required to join is a $25 deposit into a savings account. Our members experience the credit union difference with free checking and free online banking with BillPay. You can even use your ATM or debit card at over 90 ATM locations in the Lexington area with no fees. The Metro Employees Credit Union has two locations, downtown in the Phoenix Building and the newest location in the Versailles Road Government Campus. Each has convenient drive-thru lanes and Versailles Road has its own ATM. Looking for a better way to handle your finances? Then stop by either branch, check us out on the web, or give us a call so you can discover the credit union difference for yourself. Let's go ahead and call the meeting to order if we could. Madam Clerk, if you'll call the roll, we'll see if we have a quorum. Ms. James? Mr. Lane? Ms. Lawless? Mr. Martin? Mr. McCord? Mr. Myers? Mr. Stennett? Mr. Blues? Ms. Crosby? Mr. Beard? Mr. Ellinger? Ms. Feigl? Ms. Gordon? Mr. Gray? Ms. Henson? We do have a quorum, and so we shall proceed. Our first order of business is the invocation, which will be brought to us by a friend of several members of the Council, Dr. C. B. Aikens, who is the pastor at First Baptist Church Bracktown. Dr. Aikens? Good evening. Thank you. Let's pray. God, how we are grateful to you for your faithfulness to each of us, even when we are not always faithful either to you or to one another. We're so gracious that you are a loving and forgiving God, and that you're a God of not just a second chance, but another chance and another chance and another chance. We pray your forgiveness for the times that we have been insensitive and not as compassionate as we should be. And we come at this night, at this occasion, in this place, to ask a special blessing upon our leaders, leaders of the world, our president and all of those who lead us in Washington, and our governor and all of those that lead us in this Commonwealth, and for our mayor and for every member of this Council. And we pray that each of us in leadership would be conscious to do the right thing at the right time for the right reason, and to be sensitive enough to weigh the fact that if it's not good for all of us, is it really good for any of us? And so we pray that your guidance will be with us, and that we will have the moral tepidtude to do that which would be pleasing and acceptable in your sight. Forgive us for the times that we fall short, and we pray that in those times it will be in error of the head and not of the heart. I ask this tonight in the name of Jesus, amen. Thank you, Dr. Akins. We have four sets of minutes for approval tonight. Is there a motion to approve? Move approval. Council Member Gordon has moved to approve those minutes. Council Member Estenit has seconded that motion. Any discussion? All in favor, please say aye. All opposed, no. The motion carries. Madam Clerk, if you'll give reading to the ordinances entitled to second reading. Ordinance number one, an ordinance changing the zone from a light industrial I-1 zone to a highway service business B-3 zone for 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, Caller Properties, LLC. Ordinance number two, 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 MS-4 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 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 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 three. 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 No. 118 and authorizing the mayor to transfer unencumbered funds within the grant budget. Number four. 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 No. 117. Number five. 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. Pardon me. You've heard the ordinances that have received the second reading. Is there a motion to approve? Councilmember Crosby has moved, and I think I heard a second from Councilmember Blues there. Any discussion of any of those ordinances? Seeing none, we'll proceed to vote. Those in favor of those ordinances, please indicate by voting aye electronically. Those opposed, vote nay electronically. Madam Clerk, if you will set the electronic voting and call the roll, please. Ms. James? Yes. Mr. Lane? Yes. Ms. Lawless? Yes. Mr. Martin? Yes. Mr. McCord? Yes. Mr. Blues? Yes. Ms. Crosby? Yes. Mr. Ellinger? Yes. Ms. Feigl? Yes. Ms. Gordon? Aye. Mr. Gray? Aye. Ms. Henson? Yes. Thank you. Those ordinances are unanimously approved. That brings us now down to the ordinances entitled to first reading, so Madam Clerk, if you'll proceed. Number six, an ordinance changing the zone from a single family residential R1D zone to a high-density apartment R4 zone for a 0.08 net, 0.09 gross acre and from a planned neighborhood residential R3 zone with conditional zoning restrictions to a high-density apartment R4 zone for a 0.35 net, 0.40 gross acre for property located at 852 Campbell Lane subject to certain use restrictions imposed as conditions of granting the zone change, RML construction RLLP. Number seven, an ordinance changing the zone from a single family residential R1B zone to a light industrial I1 zone for 1.16 net, 1.26 gross acres for property located at 550 and 560 Stone Road subject to certain use restrictions imposed as conditions of granting the zone change, Property Partners LLC. Number eight, an ordinance amending section one of ordinance number 270-2008 amending the schedule of meetings for the Lexington Fayette Urban County Council for the calendar year 2009 to change the mayor's budget address from April 7th, 2009 to April 14th, 2009. Number nine, an ordinance authorizing and directing the mayor on behalf of the urban county government to execute an agreement with Remotec Incorporated, a sole source provider for hybrid radio assembly and foldable video antenna assembly at a cost not to exceed $55,307 and appropriating funds pursuant to schedule number 119. Number ten, an ordinance amending section 22-52 of the code of ordinances creating two temporary positions of staff assistant senior grade 108N for a term of three years beginning March 1st, 2009 and ending April 1st, 2012 in the Division of Water Quality and appropriating funds pursuant to budget schedule number 120. Number 11, an ordinance reclassifying Donald Bowman from treatment plant operator apprentice grade 107N to treatment plant operator grade 113N in the Division of Water Quality to become effective retroactive to December 22nd, 2008 and pursuant to ordinance number 197-2002 adjusting the salaries of three employees in the Division of Water Quality after review pursuant to the pay equity ordinance to become effective retroactive to December 22nd, 2008 and appropriating funds pursuant to budget schedule number 121. Number 12, an ordinance amending section 21-52 of the court of ordinances abolishing one position of human resources analyst grade 115E and creating one position of total rewards assistant grade 112N in the Division of Human Resources and appropriating funds pursuant to schedule number 122. Number 13, an ordinance authorizing and directing the mayor on behalf of the urban county government to accept a grant from the Kentucky Department of Military Affairs Division of Emergency Management which grant funds are in the amount of $372,300 federal funds are for continuation of the chemical stockpile emergency preparedness program the acceptance of which does not obligate the urban county government for the expenditure of funds appropriating funds pursuant to schedule number 124 and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 14, an ordinance accepting the bid of ELSA construction LLC in the amount of $540,335.25 for demolition and site preparation for the construction of single family homes for the office of the mayor and authorizing and directing the mayor on behalf of the urban county government to execute an agreement with ELSA construction LLC related to the bid and appropriating funds pursuant to schedule number 125. Number 15, an ordinance amending certain of the budgets of the Lexington-Fayette urban county government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds schedule number 126. Number 16, an ordinance authorizing and directing the mayor on behalf of the urban county government to accept a grant from the Kentucky Transportation Cabinet which grant funds are in the amount of $324,000 Commonwealth of Kentucky funds are for the intelligent transportation system congestion management system traffic improvement project, the acceptance of which obligates the urban county government for the expenditure of $81,000 as a local match appropriating funds pursuant to schedule number 127 and authorizing the mayor to transfer unencumbered funds within the grant budget. And number 17, an ordinance authorizing and directing the mayor on behalf of the urban county government to execute a modification to agreement with the Kentucky Office of Homeland Security for the purchase of related equipment for the total containment vessel at no cost to the urban county government and appropriating funds pursuant to schedule number 123. Thank you, Madam Clerk. If there are no motions, we will proceed to the reading of the resolutions entitled to second reading. Resolution number one, a resolution accepting the bids of Quality Cleaning Service Incorporated and Advanced Construction of Kentucky LLC establishing price contracts for cleaning services for flooding for the Division of Water Quality. Number two, 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. Resolution number three, a resolution accepting the bid of Rare Egg Pacific Company establishing a price contract for universal refuse recycling carts for the Division of Waste Management. Number four, 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. Number five, a resolution accepting the bid of Fritz Farms establishing a price contract for land for lease, 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 six, 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 seven, a resolution accepting the bid of Clonche Construction LLC in the amount of $254,357.15 for the Radcliffe Road Stormwater 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 Clonche Construction LLC related to the bid. Number eight, 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 nine, 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 ten, 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 11, a resolution authorizing and directing the mayor on behalf of the urban county government to execute agreements with Blue Grass Council of Boy Scouts of America Incorporated $1,275 and Citizens Fire Academy Alumni Association of Lexington Incorporated $1,125 for the office of the urban county council at a cost not to exceed the sum stated. Number 12, a resolution ratifying the probationary civil service appointments of Brian Bottom Program Manager Senior Grade 120E-2700 biweekly in the Division of Environmental Policy effective March 2nd, 2009, Mark York Program Manager Senior Grade 120E-3100 biweekly in the Division of Environmental Policy effective March 2nd, 2009, Kevin Wagner Engineering Technician Senior Grade 113E-1468.96 biweekly in the Division of Water Quality effective March 16th, 2009, ratifying the probationary sworn appointments of Ann Gutierrez Police Sergeant Grade 315N-27.013 hourly in the Division of Police effective March 16th, 2009, Christopher Van Brackle Police Lieutenant Grade 317E-2827.44 biweekly in the Division of Police effective March 16th, 2009, approving the unclassified civil service appointment of Krista Greathouse Administrative Aide to the Mayor Grade 118E-2653.85 biweekly in the Office of the Mayor effective February 28th, 2009. Number 13, a resolution authorizing and directing the mayor on behalf of the urban county government to execute a partner agreement with the University of Kentucky Blue Grass Healthy Marriage Initiative for the establishment of a cooperative partnership to increase child well-being and family stability in Central Kentucky for the Division of Family Services at no cost to the urban county government. Number 14, a resolution authorizing and directing the mayor on behalf of the urban county government to accept a donation from Ms. Judy Kraft of a treadmill for use at the Division of Police at no cost to the urban county government. Number 15, 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 Appomattox LOMR Submission and Sherwood Drive Drainage Improvements at a cost not to exceed $32,700. Number 16, 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 Gaines Way 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 17, 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 1st, 2008. Number 18, 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 B Program and are for police officer overtime hours for a traffic alcohol patrol program. Number 19, 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 20, 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 Clay's Mill Road Improvement Project and authorizing payment in the amount of $13,725 plus usual and appropriate closing costs. Number 21, 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 Windstream Kentucky East LLC for the property located at 1401 Higbee Mill Road for the Clay's Mill Road Improvement Project and authorizing payment in the amount of $2,375 plus usual and appropriate closing costs. Number 22, 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 the 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 23, 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 BBBP and SLLC 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 24, 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 25, 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 Holwin Road for the Clays Mill Road Improvement Project and authorizing payment in the amount of $8,425 plus usual and appropriate closing costs. Number 26, 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 Holwin Road for the Clays Mill Road Improvement Project and authorizing payment in the amount of $550 plus usual and appropriate closing costs. Number 27, a resolution authorizing and directing the mayor on behalf of the urban county government to execute a certificate of consideration and accept a deed conveying a temporary construction easement from Southern Heights Baptist Church for the property located at 3437 Holwin Road for the Clays Mill Road Improvement Project and authorizing payment in the amount of $900 plus usual and appropriate closing costs. Number 28, a resolution authorizing and directing the mayor on behalf of the urban county government to execute a certificate of consideration and accept a deed conveying a temporary construction easement from Lurid Gully 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. Number 29, 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 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 30, 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 31, 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 Blue Sky Wastewater Treatment Plant and providing sewage treatment to the area currently served by the plant. Number 32, a resolution authorizing and directing the mayor on behalf of the urban county government to execute agreements with Blue Grass 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 33, a resolution authorizing and directing the mayor on behalf of the urban county government to execute a service agreement with Devomni Corporation for software support for the licensed software at a cost not to exceed $5,900. Thank you very much. Is there a motion to approve those resolutions? Second. Council Member Myers has moved the approval of those resolutions. Council Member James has seconded the motion. Is there any discussion? I see none, so let's proceed to vote. All in favor of those resolutions, please indicate by voting aye electronically. Those opposed, vote nay electronically. And Madam Clerk, please call the roll. Ms. James? Yes. Mr. Lane? Yes. Ms. Lawless? Yes. Mr. Martin? Yes. Mr. McCord? Yes. Mr. Sennott? Yes. Mr. Blues? Yes. Mr. Williams? Yes. Mr. Blues? Yes. Ms. Crosby? Yes. I'm sorry, Mr. Myers? Did I? Thank you. Mr. Ellinger? Yes. Ms. Feigl? Aye. Ms. Gordon? Aye. Mr. Gray? Yes. Ms. Henson? Yes. Thank you. Thank you. Those resolutions are unanimously approved. I think Council Member James has a motion going back to our ordinances. I do, Mayor. It has come to my attention from the administration that under ordinances for first reading, number 8, it has no schedule or anything attached to it, but there needs to be a second reading of this because of the timing, so I would make a motion to give second read to number 8. Second. Thank you very much. Council Member Gordon has seconded Council Member James' motion. Any discussion? All in favor of suspending the rules for purposes of giving Ordinance Number 8 a second reading, please let it be known by saying aye. Aye. Opposed, no. Motion carries. Madam Clerk, if you could give second reading to Ordinance Number 8, please. Number 8, an ordinance amending Section 1 of Ordinance Number 270-2008, amending the schedule of meetings for the Lexington-Fayette Urban County Council for the calendar year 2009 to change the Mayor's Budget Address from April 7, 2009 to April 14, 2009. Thank you. Is there a motion to approve that ordinance? Council Member Lane has moved to approve Ordinance Number 8. Council Member Henson has seconded that motion. Any discussion? Seeing none, we'll proceed to vote. All in favor of approving that ordinance, please indicate by voting aye electronically. Those opposed, vote nay electronically. Madam Clerk, if you'll call the roll again, please. Ms. James? Yes. Mr. Lane? Yes. Ms. Lawless? Yes. Mr. Martin? Yes. Mr. McCord? Yes. Mr. Myers? Yes. Mr. Stennett? Yes. Mr. Blues? Yes. Ms. Crosby? Yes. Mr. Ellinger? Yes. Ms. Feigl? Aye. Ms. Gordon? Aye. Mr. Gray? Yes. Ms. Henson? Aye. The resolution is adopted. The reading of the resolution is entitled to first reading. Resolution Number 34, a resolution accepting the bid of Kimco, establishing a price contract for custodial services at the Operation Adjustment Center for the Division of Facilities and Fleet Management. Number 35, a resolution accepting the bids of Chester Pool Systems Incorporated in the amount of $96,083 and SwimPro Service in the amount of $3,310 for pool drain modifications for compliance with the Virginia Graham Baker Act for the Division of Parks and Recreation. Number 36, a resolution accepting the bid of KOI Auto Parks, establishing a price contract for truck and automobile batteries for the Division of Facilities and Fleet Management. Number 37, a resolution accepting the bid of Education Remedies Incorporated, establishing a price contract for custodial services police headquarters for the Division of Facilities and Fleet Management. Number 38, a resolution accepting the bid of Education Remedies Incorporated, establishing a price contract for custodial services Phoenix Building for the Division of Facilities and Fleet Management. Number 39, a resolution accepting the bid of Education Remedies Incorporated, establishing a price contract for custodial services streets, roads, and forestry for the Division of Facilities and Fleet Management. Number 40, a resolution accepting the bids of G&G Paving and Construction Incorporated in the amount of $37,100 and Asphalt Paving and Maintenance Incorporated in the amount of $5,750 for Valley Park parking renovation for the Division of Parks and Recreation and authorizing and directing the Mayor on behalf of the Urban County Government to execute agreements with G&G Paving Incorporated and Asphalt Paving and Maintenance Incorporated related to the bids. Number 41, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a professional services agreement with Sherry Giler 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 42, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an amendment to lease with Basler Farms to amend the lease for mowing at Haley Pike Landfill to also permit the planting of tobacco at no cost to the Urban County Government. Number 43, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute and submit a grant application to the Kentucky League of Cities and to provide any additional information requested in connection with this grant application, which grant funds are in the amount of $922.50 under the 2009 Safety and Liability Grant Program and are for the purchase of personal protective safety jackets for traffic technicians for the Division of Traffic Engineering. Number 44, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an agreement with Bluegrass Youth for Christ Incorporated, $360 for the Office of the Urban County Council at a cost not to exceed the sum stated. Number 45, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a certificate of consideration and accept a deed for the property located at 272 Derby Drive from Eric Miller for the Derby Drive Stormwater Improvement Project, an authorizing payment in the amount of $118,300 plus usual and appropriate closing costs. Number 46, a resolution ratifying the probationary civil service appointments of Daryl Clay, Public Service Supervisor, Sr., Grade 114E, 1605.44 biweekly in the Division of Waste Management, effective March 30, 2009, Bill Warren, Jr., Engineering Technician, Sr., Grade 113E, 1981.20 biweekly in the Division of Water Quality, effective April 13, 2009, James Wharton, Jr., Plant Operations Supervisor, Sr., Grade 118E, 2182.80 biweekly in the Division of Water Quality, effective March 30, 2009, ratifying the permanent civil service appointment of Jill Wilson, Recreation Specialist, Sr., Grade 113E in the Division of Parks and Recreation, effective February 27, 2009, ratifying the probationary sworn appointments of Christopher Sweat, Fire Captain, Grade 316N in the Division of Fire and Emergency Services, effective February 13, 2009, Christian Ulrich, Fire Lieutenant, Grade 315N in the Division of Fire and Emergency Services, effective February 13, 2009, Mark Brown, Fire Captain, Grade 316N in the Division of Fire and Emergency Services, effective March 10, 2009, Chris Bartley, Fire Lieutenant, Grade 315N in the Division of Fire and Emergency Services, effective March 10, 2009, approving the unclassified civil service appointments of Adam Clary, Deputy Coroner, Grade 112E, 14.554 hourly in the Office of the Coroner, effective March 30, 2009, Connie Hayes, Staff Assistant, Sr., Grade 108N, 13.000 hourly in the Office of the Coroner, effective March 30, 2009. Number 47, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a facility usage contract with the Fayette County Board of Education for use of the Sandersville Elementary Gym at no cost to the government. Number 48, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a facility usage contract with the Fayette County Board of Education for use of the Cardinal Valley Elementary Gym at no cost to the government. Number 49, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a purchase of service agreement with Farm and Garden Market Cooperative Association, Incorporated, doing business as Lexington Farmers Market for the management of the Lexington Farmers Market in downtown Lexington. Number 50, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute the designation of applicants agent resolution designating Acting Commissioner of Finance William O'Mara as the Urban County Government's authorized agent for the purpose of obtaining certain federal financial assistance under the Disaster Relief Act or the President's Disaster Relief Fund. Number 51, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a memorandum of agreement with the Kentucky Economic Development Finance Authority regarding entry into tax incentive agreement for the Phoenix Park Courthouse Signature Tax Increment Financing Project at no initial cost to the Urban County Government and a letter of agreement with the Centerpoint LLC regarding payment of the consulting fee in an amount up to $50,000. Number 52, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a memorandum of agreement with the Kentucky Economic Development Finance Authority regarding entry into tax incentive agreement for the Lexington Distillery District Mixed Use Redevelopment Tax Increment Financing Project at an initial cost not to exceed $47,000. Number 53, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a lease agreement with the Lexington and Fayette County Parking Authority for office space for the Parking Authority in the Phoenix Building at an annual rental rate of $4,500 to be paid by the Parking Authority to the Urban County Government. Number 54, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute and submit a grant application to the Kentucky Office of Homeland Security and to provide any additional information requested in connection with this grant application, which grant funds are in the amount of $72,277 Commonwealth of Kentucky funds from the Law Enforcement Protection Program and are for the purchase of police service weapons and ammunition. Number 55, a resolution recognizing the 2010 World Equestrian Games as a local celebration such that related decorations or displays are generally exempted pursuant to Section 17-2E of the Zoning Ordinance of the Lexington-Fayette Urban County Government from the provisions of Article 17 of the Zoning Ordinance and establishing guidelines for use by the Lexington-Fayette Urban County Government in determining whether such a decoration or display by a business is exempt. Number 56, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a commitment card to join the Waste Buster Recycling Program with Blue Grass Pride for promotion of recycling at no cost to the government. Number 57, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a state-funded Memorandum of Agreement with the Commonwealth of Kentucky Energy and Environment Cabinet for the Waste Tire Amnesty Program, providing for the reimbursement in an amount not to exceed $100,000 from the Waste Tire Trust Fund. Number 58, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a contract modification, number one, to the Engineering Services Agreement with Strand Associates, Incorporated for design of the salt barn at 5680 Athens Boonesboro Road at a cost not to exceed $15,000. Number 59, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute agreements with Beaumont Presbyterian Church of Lexington, Incorporated, $250. Beaumont Residential Association, Incorporated, $500. The Southland Association, Incorporated, $1,000. Faith in Action Elder Outreach, Incorporated, $575. Urban League of Lexington Fayette County, Incorporated, $2,000. Korean War Veterans Association, Incorporated, $600. Big Brothers Big Sisters of Blue Grass, Incorporated, $900. Friends of the Lexington Mounted Police, Incorporated, $975. And Girls on the Run of Lexington Corporation, $775 for the office of the Urban County Council at a cost not to exceed the sum stated. Number 60, 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 Douglas and Kathleen McCord for the property located at 3367 Clays Mill Road for the Clays Mill Road Improvement Project and authorizing payment in the amount of $325 plus usual and appropriate closing costs. Number 61, 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 Joanne Omvig for the property located at 3478 Clays Mill Road for the Clays Mill Road Improvement Project and authorizing payment in the amount of $3,000 plus usual and appropriate closing costs. Number 62, 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 drainage easement from Arthur and Linda Blanton for the property located at 404 Shawnee Avenue for Phase 3C of the Meadows-Northland-Arlington Neighborhood Improvement Project and authorizing payment in the amount of $1,050 plus usual and appropriate closing costs. Number 63, 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 from Lawnace and Marion Wells, Jr. for the property located at 462 Shawnee Avenue for Phase 3C of the Meadows-Northland-Arlington Neighborhood Improvement Project and authorizing payment in the amount of $100 plus usual and appropriate closing costs. Number 64, 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 Murf Properties, LLC for the property located at 1211 Manchester Street for the North Elkhorn Forest Main Project and authorizing payment in the amount of $9,625 plus usual and appropriate closing costs. Thank you very much. That concludes the reading of those resolutions. Council Member Blues. Thank you, Mayor. I move to suspend the rules so that we can give a second reading to number 35 and this comes at the request of the Division of Parks and Recreation. They're mandated by the federal government to provide these grates and the Division is anxious to be able to move forward and to get them installed by the time that the pools are open. And I would also add at the request of the Department of Law, 51 and 52, so that both of these applications can move forward on schedule. I would add that with reference to 52, if it does have a second reading this evening and is passed, the $47,000 would, I think, be taken out of the Council's Economic Development Fund. Okay. There are a bunch of motions there. Can I do all three at once? You can, but I think we'd probably be better off if we took these issues separately. First of all, how about if we deal with the amendment to item number 52 about the source of the funding? Fine. And if I understood correctly, you wanted to amend number 52 to add that the $47,000 would be taken from the Council's Economic Development Fund. Is that right? That was not my intention, but I see the suggestion and I would so move. Okay. I'm not trying to put... That's fine. Okay. I think that... Is there a second to that motion? I have a second by Council Member Hinson. Any discussion? Council Member James? I missed the first part. Do we know what the balance is in that account? The balance is $49,200, something like that. Okay. Thank you. Thank you, Mayor. Any further discussion? Council Member Myers? Yes. Thank you, Mayor. Councilman Sennett is the chair of that committee. Oh, it's the Vice Mayor is the chair? Okay. I'm sorry. Vice or co-chair. All right. Nobody wants to step up. At any rate, it's my understanding that the committee hasn't finished or the task force has not finished its work and we've got at least one more group of people that was scheduled to come in. So, I'd say it's kind of silly to take the money from this before we even finish our work and redirect it somewhere else. Well, we haven't spent anything so far, so I don't know, but I guess my question was if we can't get it out of somewhere else here, how can we get the $50,000 for 51 from nowhere? Where's it coming from? Next fiscal year. Okay. Because of the timing. I don't see Mr. Kelly right offhand, but I'm fairly confident that will be after July 1. We haven't spent anything so far this year, and this seems like a responsible investment. It may be a responsible investment, but I don't think that's the place to bring that investment from. And I think that since we voted unanimously to put that task force together, we ought to at least let it finish its work before we try to take the money out of there. Thank you, Mayor. All right. Council Member McCord. I'd like to spin the rules and give second reading. Well, wait just a second. We need to deal with this issue. I apologize. Council Member Gordon to speak on Council Member Blues' motion to amend item 52. Thank you. I have a question. Does your motion include anything to say that when that money is given back, when the tax increments are coming in, that it will go back into the council's development? I would accept that as a friendly amendment to my amendment. If it's all right with a second. Okay. All right. Thank you. Okay. The motion is now amended is to amend item 52 to specify that the $47,000 will be appropriated from the council's economic development fund and when reimbursed, the money will go back to the same fund. Council Member James. Mayor, is the $50,000 in number 51 already, is that going to be in your proposed budget? Hang on just a second and let me confirm that. I apologize. I misspoke a minute ago. The $50,000 referred to in number 51 is not the end fee. It is the initial fee of approximately $50,000 that the webs have already tendered to the state. Oh, okay. I misspoke in response to Vice Mayor Gray's question. Thank you. That clears it up. Thank you. All right. I think we're ready to vote on Council Member Blue's motion to amend item number 52 to spec. Council Member Martin. I think we have to vote first on the Council Member Gordon's motion to amend the amendment. There was a voluntary, a friendly amendment that they agreed to. Otherwise we would. All right. We're ready to vote on the motion to amend item 52 by adding that the $47,000 will come from the Council's Economic Development Fund and when reimbursed, those funds will be applied or deposited in the same fund. All in favor of that motion, please indicate by voting aye electronically. Those opposed, vote nay electronically. That motion is approved. If I could confirm with the Council, with our Council here tonight, that would be a material amendment? Yes, Your Honor. And so? I have just drafted a new title for the clerk to read, but it will require a new first reading. Are we ready to go with that now or do you need to? I need to consult just a minute. All right. Make sure she can read my writing. Then let's put that on hold for just a moment and if there are other matters we can deal with, fine. Otherwise, we'll just wait. Did you have any other matters, Council Member Blues? Okay. I think for expediency's purpose is here, it might make sense to wait until you all have some language. Okay. Great. Council Member Clark, if you could give now first reading to item number 52. Number 52, as amended, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a memorandum of agreement with the Kentucky Economic Development Finance Authority regarding entry into tax incentive agreement for the Lexington Distillery District mixed-use redevelopment tax increment financing project at an initial cost not to exceed $47,000 from the Urban County Council's Economic Development Fund to be reimbursed into the same fund. Thank you very much. Now, Council Member McCord. Thank you, Mayor. Just would like to suspend the rules and give second reading to number 54, to number 60 and 61. 54 is in relation to expediting the equipping of bullets to our police department and moving forward on that federal grant in 60 and 61 are moving forward on the construction easements for Clay's Mill Road. Thank you. And do I hear a second to that motion? All right. Council Member Blues has seconded. Council Member Blues, you had, I think, three items that you wanted to give second reading to. Numbers 35, 51, and 52, is that correct? Okay. We'll add those to the list. Any others? Council Member Martin. Mayor, thank you. I request a second reading of item 59. All right. Any others? Then what I have on my list is a motion to suspend the rules for purposes of giving second reading to items 35, 51, 52, as amended, 54, 59, 60, and 61. Any others? Those in favor, then, of suspending the rules to give second reading to those items, please indicate by saying aye. Aye. Opposed, no. Motion carries. Just a minute, how would we correct it? Number 35, a resolution accepting the bids of Chester Pool Systems Incorporated in the amount of $96,083 and SwimPro Service in the amount of $3,310 for pool drain modifications for compliance with the Virginia Graham Baker Act for the Division of Parks and Recreation. Number 51, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a memorandum of agreement with the Kentucky Economic Development Finance Authority regarding entry into tax incentive agreement for the Phoenix Park Courthouse Signature Tax Increment Financing Project at no initial cost to the Urban County Government and a letter of agreement with the Centerpoint LLC regarding payment of the consulting fee in an amount up to $50,000. Number 52, as amended, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a memorandum of agreement with the Kentucky Economic Development Finance Authority regarding entry into tax incentive agreement for the Lexington Distillery District Mixed-Use Redevelopment Tax Increment Financing Project at an initial cost not to exceed $47,000 from the Urban County Council's Economic Development Fund to be reimbursed into the same fund. Number 54, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute and submit a grant application to the Kentucky Office of Homeland Security and to provide any additional information requested in connection with this grant application which grant funds are in the amount of $72,277 Commonwealth of Kentucky funds from the Law Enforcement Protection Program and are for the purchase of police service weapons and ammunition. Number 59, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute agreements with Beaumont Presbyterian Church of Lexington Incorporated, $250, Beaumont Residential Association Incorporated, $500, the Southland Association Incorporated, $1,000, Faith in Action Elder Outreach Incorporated, $575, Urban League of Lexington Fayette County Incorporated, $2,000, Korean War Veterans Association Incorporated, $600, Big Brothers Big Sisters of the Bluegrass Incorporated, $900, Friends of the Lexington Mounted Police Incorporated, $975, and Girls on the Run of Lexington Corporations, $775 from the Office of the Urban County Council at a cost not to exceed the sum stated. Number 60, 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 Douglas and Kathleen McCord for the property located at 3367 Clays Mill Road for the Clays Mill Road Improvement Project, an authorizing payment in the amount of $325 plus usual and appropriate closing costs. And number 61, 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 Joanne Omvig for the property located at 3478 Clays Mill Road for the Clays Mill Road Improvement Project, an authorizing payment in the amount of $325 plus usual and appropriate closing costs. Thank you very much. Is there a motion to approve those items? So moved. Councilmember McCord has moved and Councilmember Blues has seconded that those items just receiving second reading be approved. Any discussion? All in favor of those items, please indicate by voting aye electronically. Those opposed, vote nay electronically. Madam Clerk, please call the roll. Ms. James? Yes. Mr. Lane? Yes on all except that I recuse on 51 and 52. Ms. Lawless? Yes. Mr. Martin? Yes, recuse on 51. Mr. McCord? Yes. Mr. Myers? Yes. Mr. Stennett? Yes. Mr. Blues? Yes. Ms. Crosby? Yes. Mr. Ellinger? Yes. Ms. Feigl? Yes. Ms. Gordon? Aye. Mr. Gray? Yes on all, no on 51. And Ms. Henson? Yes. Thank you very much. All of those resolutions are approved. We're now down to item 8 on the agenda, communications. They're all for information purposes only. That leads us now to number 9, the announcements. Does any Councilmember have an announcement this evening? Well, while he's coming, let me just observe. This is the first night I think you've flown solo, Madam Clerk, well done. Any announcements? All right. We're now to the public comment section. Mr. Blanton, I think you have one item for our attention. Mayor and Council, good afternoon. I'm Commander Mike Blanton with the Division of Police. I'm here tonight to present two agreements of conformity in reference to two formal discipline cases with two of our officers for the Division of Police. The first one, the first letter of conformity is an allegation against Officer John J. Boyle, employee number 44364. The offense is improper use of sick time. The recommended and agreed upon penalty is 20 hours suspension without pay. The second one, the second agreement of conformity, the allegation is against Officer Christopher Michael Flannery, employee number 44972. The offense, alleged offense, is refusal to obey supervisor's work-related order and failure to follow directions and instructions. The recommended and agreed upon penalty is written reprimand. Move approval of both, Mayor. Councilmember Gordon has moved and Councilmember Ellinger has seconded that both proposed disciplinary matters be approved. Is there any discussion? All in favor, please say aye. All opposed, no. Motion carries. Thank you. Thank you. Thank you, Mayor Blanton. I have a motion. Councilmember Fletcher. I move that we go. We have just a couple of folks who have signed up to speak this evening. The first is Mr. McCarthy. You'll step to the podium. You'll have three minutes. Your Honor and members of the Council, after seeing the article in yesterday's paper that indicates that most of you are still bound and determined to change our one-way streets into two-ways, I wish to point out that no matter how much you've repeated these goals about wanting to change downtown into a destination instead of something people drive through on their way somewhere else, nobody has explained how changing one-way streets to two-ways is going to actually make it anyone's destination. And my thought is if you make it harder to get through downtown, you also make it harder to get into it, and you make it less likely that anyone will voluntarily pick it as their destination. that merely building Newtown Extension would be, does not make up for the harm you would cause if you changed our one-way pairs to two ways. And if you, we already have some pretty snarled up traffic each day at rush hour, and if you change our one-way streets to two-way, thereby throwing away more capacity than what I think you gain by building Newtown Extension, and you then pack in more density into downtown on top of that, you make a nightmare. I realize there are other places with worse traffic than we currently have, and for them, for that matter, since the last time I saw any of you, I've driven through some of those, but I do not wish to be facing such traffic nightmares here at home. And yet, if we continue cramming more people in business into the same area without expanding the street capacity to accommodate it, we will get such a mess. I think that we really need to be widening our downtown streets as redevelopment takes place, number one. We need, number two, we need to go ahead and build Newtown Extension by all means, but we should keep the one-ways, and we should do other improvements that could siphon more traffic out of the middle as well, such as extending Fifth Street through Eastern State Hospital, and the upgrades of the old part of New Circle to add ramps and overpasses to match the new part. But I really do believe that if you make it harder to drive within downtown, instead of pulling people in, that's going to push people away. We already have several two-way streets, Broadway, Jefferson, Martin Luther King Boulevard, Rose, Elm Tree, that combination. Mr. McCarthy, you have about 10 seconds. And yet, do you see any more businesses locating along those streets than on the ones that are currently still one-way? Thank you. Masterful timing. The last person I have who signed up to speak tonight is Mr. Winkler. If you'd step to the podium, you'll have three minutes. What time is it? Exactly. 757.28. Okay. Really, I came to talk about the Water Gainesway Pond Project on number 16 on the docket tonight. They're trying to get ten thousand more dollars because evidently the engineering office, the Division of Water, the Commissioner didn't know that they were supposed to pay federal wages. And I think you should really look at it closely because sometimes you don't look closely, but it's sort of like this book. I'm going to stop about the water. I'm going to tell you about this book. Two hundred fifty years ago at Gratz Park, the Union Army camped out down there, and they recruited people to fight for some injustice that was happening. The same as this water problem. And they tried to divide the people. But anyway, if you want to find out who stuck their neck out, who was on the line, who signed this tailor's book to get their uniform, you talk to me about this. You don't want to talk to me about the water. If you really understand who cares about this city, you should care at least about this. But the reason they get, see they didn't include the federal wages on the bid. You know why? Because their bid becomes lower. The same as the first phase. He was the cheapest bid and he ended up being the highest bidder at the end. He got an extra hundred thousand on phase one. That's how they do it. They don't, your officer did not know that this is a federal project and they were supposed to include that in the specifications. Doesn't that make a citizen like me really, really comfortable? But really, I'm going to tie it all in because these people fought for a reason, for an injustice. The same as the water people. And you're rejecting to speak with the water people, the same as they did at that time. But if you want to know the cure, you know, they're selling slaves out there on cheap side. I heard a gentleman talking about that. It's not, that's not the whole truth. There are lots of people here who signed up for the North to free those slaves. And if you want to know their names, they feel like that they should at least their names be known. The same as I feel like I should, my boys should be known. And you're refusing for two years. I'd like to know why. What time is it? It's time for you to talk to me, I think. Thank you, Mr. Winkler. Does anyone else wish to address the council? All right, Councilmember Feigl. I thank you, Mayor. I move that we go into closed session pursuant to KRS 61.810.1c for purposes of discussing proposed litigation on behalf of Lexington Fayette-Urban County Government, which will also involve the discussion of information made confidential by KRS 67.7.790, KRS 131.190, and section 13 through 11 of the Code of Ordinances, and pursuant to KRS 61.810.1f for the purposes of discussions which might lead to appointment, discipline, or dismissal of individual employees. I have a motion by Councilmember Feigl and a second by Councilmember Gordon that we go into closed session. Any discussion? All in favor, please say aye. All opposed, no. Thank you. The motion carries and we'll recess momentarily before we go into closed session. Okay, we'll recess momentarily before we go into closed session. Okay, we'll recess momentarily before we go into closed session. Okay, we'll recess momentarily before we go into closed session. Okay, we'll recess momentarily before we go into closed session. 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Okay. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .