# Urban County Council Meeting - April 9, 2009 > Auto-transcribed civic record · Council · April 9, 2009 - **Permalink**: https://meetings.lexingtonky.news/meeting/836 - **Source video**: https://lfucg.granicus.com/player/clip/836?view_id=14&redirect=true - **Date**: 2009-04-09 - **Body**: Council - **Last revised**: June 18, 2026 - **Length**: 5,927 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 April 9, 2009, at 7:00 P.M. in Lexington, Kentucky, with Mayor Jim Newberry presiding. The meeting covered 11 agenda items, all of which were approved, spanning a range of municipal matters including zoning changes, personnel actions, grant acceptances, and contractual agreements. Over the course of the meeting, the Council took 5 votes and heard 1 public comment. No presentations were recorded for this session. Among the items approved were two zoning ordinances — one changing the designation at 852 Campbell Lane from R-1D to R-4, and another changing 550 and 560 Stone Road from R-1B to I-1 — along with an agreement with Remotec, Inc., personnel actions affecting the Division of Water Quality and Division of Human Resources, and a reclassification for Donald Bowman. The Council also approved grants from the Kentucky Department of Military Affairs for the Chemical Stockpile Emergency Preparedness Program (CSEPP) and from the Kentucky Transportation Cabinet for an ITS/CMS Traffic Improvement Project, as well as a modification to an agreement with the Kentucky Office of Homeland Security, a bid from Elza Construction, LLC for demolition and site preparation, and an amendment to the municipal budgets. ## Attendance The following members were present at the April 9, 2009 Council meeting: - Mayor Jim Newberry - Lane - Martin - McChord - Myers - Stinnett - Beard - Blues - Ellinger - Feigel - Gorton - Gray - Henson - James **Absent:** Crosbie, Lawless No members were recorded as late. ## Votes and Decisions The Council took five votes during the April 9, 2009 meeting, all of which passed. - **Approval of Minutes** [timestamp: 0:09:13]: Gorton moved and James seconded approval of the minutes from previous meetings. The motion passed by voice vote. - **Approval of Ordinances (Second Reading)** [timestamp: 0:14:00]: Beard moved and Gorton seconded approval of ordinances given second reading. The motion passed by roll call vote, 13–0, with all members voting in favor: Lane, Martin, McChord, Myers, Stinnett, Beard, Blues, Ellinger, Feigel, Gorton, Gray, Henson, and James. No members voted against. - **Approval of Resolutions (Second Reading)** [timestamp: 0:28:33]: Blues moved and Gorton seconded approval of resolutions given second reading. The motion passed by roll call vote, 13–0, with all members voting in favor: Lane, Martin, McChord, Myers, Stinnett, Beard, Blues, Ellinger, Feigel, Gorton, Gray, Henson, and James. No members voted against. - **Disciplinary Action for Firefighter Robert Smith** [timestamp: 0:41:28]: Ellinger moved and Myers seconded approval of disciplinary action for Firefighter Robert Smith. The motion passed by voice vote. - **Disciplinary Action for Officer David Loy Lunsford** [timestamp: 0:42:30]: Myers moved and Lane seconded approval of disciplinary action for Officer David Loy Lunsford. The motion passed by voice vote. ## Budget and Financial Actions The Council addressed several financial items at the April 9, 2009 meeting, covering contracts and grants across multiple departments. **Contracts:** - The Council approved an agreement with **Remotec, Inc.** for a hybrid radio assembly and foldable video antenna assembly in the amount of **$55,307.00**. - The bid of **Elza Construction, LLC** was accepted for demolition and site preparation at a cost of **$540,335.25**. **Grants:** - The Council accepted a grant of **$372,300.00** from the **Kentucky Department of Military Affairs** in support of the Chemical Stockpile Emergency Preparedness Program. - A grant of **$324,000.00** was accepted from the **Kentucky Transportation Cabinet** for the ITS/CMS Traffic Improvement Project. No resolution numbers were recorded in the available meeting data for these items. Timestamps were not available for individual financial agenda items. ## Public Comment One member of the public addressed the Council during the public comment period. - **Mr. McCarthy** spoke on the topics of downtown traffic and retail. [timestamp: 35:25] He expressed concerns about a proposal to convert downtown streets from one-way to two-way traffic, arguing that such a change would not benefit retail businesses in the area. Mr. McCarthy contended that the decline of downtown retail was driven by competition from malls and by limited store hours, rather than by the current street configurations. In his view, altering the direction of traffic flow would not address the underlying causes of downtown retail struggles. ## Appointments The Council took action on several appointments to county boards and commissions during the April 9, 2009 meeting. - **Mary H. Witt** was appointed to the **Agricultural Extension District Board**. - **Karla R. Groves**, **Yavaletta K. Cooper**, and **James Templin** were each appointed to **Court Appointed Special Advocates (CASA)**. Additionally, **Jane H. Bennington** was reappointed to CASA. - **Guadalupe A. Mejia** was appointed to the **Environmental Commission**. - **Arthur Wrobel** was appointed to the **Greenspace Commission**. - **Karen W. Angelucci** was reappointed to the **Tree Board**. In total, the Council confirmed six new appointments and two reappointments across six separate boards and commissions. ## Ordinance changing zone from R-1D to R-4 at 852 Campbell Ln. [timestamp: 09:13] The Council considered an ordinance to rezone the property at 852 Campbell Ln. from R-1D (Single Family Residential) to R-4 (High Density Apartment), subject to certain use restrictions. Key speakers on this item were Beard and Gorton. The ordinance proposed changing the zoning designation to allow for high-density apartment use at the property, while incorporating specific restrictions on how the property could be used under the new zoning classification. The Council reviewed and discussed the proposed change before moving to a vote. The ordinance was approved by the Council. ## Ordinance changing zone from R-1B to I-1 at 550 and 560 Stone Rd. [timestamp: 09:13] The Council took up an ordinance to rezone the properties at 550 and 560 Stone Road from R-1B (Single Family Residential) to I-1 (Light Industrial). The rezoning came with certain use restrictions attached to the change in designation. Key speakers on this item included Beard and Gorton, who participated in the discussion. The ordinance was ultimately **approved** by the Council. *Note: The available structured data for this item does not include detailed information on the specific arguments presented, concerns raised, or the nature of the use restrictions attached to the rezoning. Readers seeking a full account of the debate and conditions applied are encouraged to consult the meeting transcript or recording directly, beginning at approximately the 9:13 mark.* ## Agreement with Remotec, Inc. [timestamp: 09:13] The Council took up an ordinance authorizing the Mayor to execute an agreement with Remotec, Inc. for hybrid radio assembly and foldable video antenna assembly. Key speakers on this item were Beard and Gorton. The ordinance was approved by the Council. *Note: The available record for this agenda item is limited. Specific details of the presentation, any debate, and concerns raised during discussion are not available in the provided data.* ## Amendment to create temporary positions in Div. of Water Quality [timestamp: 09:13] The Council considered an ordinance to amend the Code of Ordinances to create two temporary positions of Staff Assistant Sr. in the Division of Water Quality. Key speakers on this item included **Beard** and **Gorton**. The ordinance was presented to the Council for consideration and discussion before a vote was taken. The item was ultimately **approved** by the Council. ## Reclassification of Donald Bowman [timestamp: 09:13] The Council considered an ordinance to reclassify Donald Bowman from Treatment Plant Operator-Apprentice to Treatment Plant Operator in the Division of Water Quality. Key speakers on this item included Beard and Gorton. The ordinance was presented to the Council for consideration and approval. The Council approved the reclassification ordinance. ## Amendment to abolish and create positions in Div. of Human Resources [timestamp: 09:13] The Council considered an ordinance to amend the Code of Ordinances by abolishing one position of Human Resources Analyst and creating one position of Total Rewards Assistant within the Division of Human Resources. Key speakers on this item included **Beard** and **Gorton**. The ordinance represented a straightforward personnel restructuring within the division, replacing one classified position with another of a different title and function. The item was approved by the Council. ## Grant from Ky. Dept. of Military Affairs for CSEPP [timestamp: 09:13] The Council considered an ordinance authorizing the Mayor to accept a grant from the Kentucky Department of Military Affairs for the continuation of the Chemical Stockpile Emergency Preparedness Program (CSEPP). The item was presented as a continuation of an existing program rather than a new initiative. Key speakers on this item included Beard and Gorton. The ordinance was brought forward to ensure the city could formally receive the grant funding necessary to maintain CSEPP operations. No significant concerns or debate were recorded in the available data for this agenda item. The ordinance was approved by the Council. ## Bid of Elza Construction, LLC for Demolition and Site Preparation [timestamp: 09:13] The Council considered an ordinance accepting the bid of Elza Construction, LLC for demolition and site preparation work in connection with the construction of single family homes. This item was brought forward as Agenda Item 8. Key speakers on this item included Beard and Gorton, who participated in the discussion. The ordinance was presented for Council consideration and action. The Council approved the ordinance accepting Elza Construction, LLC's bid for the demolition and site preparation work. No additional details regarding the bid amount, specific site locations, or the nature of any debate or concerns raised are available in the record for this item. ## Amendment to Municipal Budgets [timestamp: 09:13] The Council took up Agenda Item 9, an ordinance amending certain budgets of the Lexington-Fayette Urban County Government to reflect current requirements for municipal expenditures. Key speakers on this item included **Beard** and **Gorton**. The ordinance was presented as a budget amendment measure intended to align existing municipal budgets with current operational and expenditure needs of the Lexington-Fayette Urban County Government. The Council approved the ordinance. ## Grant from Ky. Transportation Cabinet for ITS/CMS Traffic Improvement Project [timestamp: 09:13] The Council considered an ordinance authorizing the Mayor to accept a grant from the Kentucky Transportation Cabinet for the Intelligent Transportation System/Congestion Management System (ITS/CMS) Traffic Improvement Project. Key speakers on this item were Beard and Gorton. The ordinance was approved by the Council. *Note: The available record identifies this as Agenda Item 10 and confirms the speakers and outcome, but does not include detailed information about the specific grant amount, project scope, or the substance of any debate or concerns raised during discussion.* ## Modification to Agreement with Ky. Office of Homeland Security [timestamp: 09:13] The Council considered an ordinance authorizing the Mayor to execute a modification to an existing agreement with the Kentucky Office of Homeland Security for the purchase of equipment related to a Total Containment Vessel. Key speakers on this item included **Beard** and **Gorton**, who addressed the Council regarding the proposed modification. The ordinance sought to amend the terms of the prior agreement to accommodate the equipment purchase associated with the Total Containment Vessel, though no specific dollar amounts or detailed terms were recorded in the available meeting data. The Council ultimately **approved** the ordinance. --- ## Decisions - **Motion** — passed (0-0): Approval of minutes from previous meetings - **Motion** — passed (13-0): Approval of ordinances given second reading - **Motion** — passed (13-0): Approval of resolutions given second reading - **Motion** — passed (0-0): Approval of disciplinary action for Firefighter Robert Smith - **Motion** — passed (0-0): Approval of disciplinary action for Officer David Loy Lunsford --- ## Full transcript We're virtually self-sufficient, whereas everything we make goes back into play for our chemicals, our supplies, which in turn also saves the taxpayers money. This is the Community Alternative Program, the Drug Court Department. We are an alternative sentencing program sent to us as a result of not going to prison or to jail. They are sent to us, they have a drug problem, or they've committed a crime as a result of being on drugs, or they may have a drug crime as well. With offenders who have an addiction problem, drug testing is extremely important. While we try to help them with different forms of treatment, urine screen testing is the most important aspect of our program. With urine screen testing, it's six days a week, it's a random program, and that's extremely important. The fact that they have to drop, but have the chance is important. Also the fact that they test for so many different drugs, from alcohol, marijuana, cocaine, amphetamines, opiates, Oxycontin, and they are always trying to improve on education and trying to figure out ways to better serve our people. As most addicts do, they try to, and the CAPS office is always on top of their game, by making sure that they stay educated and continue to test for. They actually provide the calendar for us, they do all of the testing schedule, they also test the drugs here at this office, therefore... Madam Clerk, please call the roll. Mr. Lane? Here. Ms. Lawless? Here. Mr. Martin? Here. Mr. McCord? Here. Mr. Myers? Here. Mr. Stennett? Here. Mr. Beard? Present. Mr. Blues? Here. Ms. Crosby? Here. Mr. Ellinger? Here. Ms. Feigl? Here. Ms. Gorton? Here. Mr. Gray? Here. Mr. Hanson? Here. And Ms. James? Thank you. We have a quorum, so we're prepared to proceed. It's my pleasure to welcome Pastor Chad Mondragon from the Providence Community Baptist Church to the podium. Pastor, welcome. Please stand. Let's pray. Sovereign God, maker and sustainer of all things, day and night are yours, heaven and earth declare your glory. But we, creatures of your power, imperfect and limited by our humanity, yet we live in an age of hope. Deliver us from our worldly thoughts, give us wisdom beyond our years, so that this city, this state, may receive your blessing, grace, and peace. Let us never slumber, never lose assurance, never fail to stand strong when the enemy presses against us. Grant us, for every scene and circumstance, keep our minds upon you and turn our trials into blessings, that they may draw out our gratitude and praise to you. Let us never undervalue or neglect any part of your revealed will. Sanctify us in every relation, office, transgression, and condition of life, that if we prosper, we may not be unduly exalted. If we suffer, we may not be over-sorrowful. Balance our minds in all varying circumstances and help us to cultivate a disposition that renders every duty a spiritual privilege. May we be content, be a glory to you, and allow the miracle of the death of Jesus Christ to take hold of this world to bring peace. May we, in that name, the name above every name, Jesus the Christ, we pray, amen. Thank you very much for being with us, Pastor. We have five sets of minutes from previous meetings that have been distributed for consideration this evening. Are there any additions or corrections? Move approval. Second. I have a motion by Councilmember Gorton, a second by Councilmember James to approve those minutes. If there's no discussion, we'll proceed to vote. All in favor of approving all five sets of minutes, please indicate by saying aye. Opposed, no. Motion carries. Madam Clerk, if you'll give second reading to the ordinances and title the second reading, please. Ordinance number one, an ordinance changing the zone from a single-family residential R1D zone to a high-density apartment R4 zone for 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 0.35 net, 0.40 gross acres for property located at 852 Campbell Lane subject to certain use restrictions imposed as conditions of granting the zone change RML construction RLLP amended. Number two, 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 the 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 three, 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 unfoldable video antenna assembly at a cost not to exceed $55,307 in appropriating funds pursuant to Schedule 119. Number four, an ordinance amending section 22-52 of the Code of Ordinances creating two temporary positions of staff assistant senior grade 108 in 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 five, an ordinance reclassifying Donald Bowman from treatment plan operator apprentice grade 107 in to treatment plan operator grade 113 in in the Division of Water Quality to become effective retroactive to December 22, 2008 and pursuant to Ordinance 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 22, 2008 and appropriating funds pursuant to budget schedule number 121. Number six, an ordinance amending section 21-52 of the Code of Ordinances abolishing one position of human resources analyst grade 115E and creating one position of total rewards assistant grade 112 in in the Division of Human Resources and appropriating funds pursuant to schedule number 122. Number seven, 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 the 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 eight, 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 nine, an ordinance amending certain of the budgets of the Lexington-Fayette-Urban County Government to reflect current requirements for municipal expenditures in appropriating and reappropriating funds schedule number 126. Number ten, 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. Number eleven, 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 in appropriating funds pursuant to schedule number 123. Thank you very much. That concludes the reading of the ordinances entitled to their second reading. Is there a motion to approve? Second. Council Member Beard has moved approval of those ordinances. Council Member Gordon has seconded it. Is there any discussion? Seeing none, we'll proceed to vote. Those in favor of those ordinances, please indicate by voting aye electronically. Those opposed, vote nay electronically. Madam Clerk, please call the roll. Mr. Lane? Yes. Mr. Martin? Yes. Mr. McCord? Yes. Mr. Myers? Yes. Mr. Stennett? Yes. Mr. Beard? Aye. Mr. Blues? Yes. Mr. Ellinger? Yes. Ms. Feigl? Aye. Ms. Gorton? Aye. Thank you. And Ms. James? Thank you. Thank you. Those ordinances are approved. Madam Clerk, if you'll give reading to the ordinances entitled to the first reading. Ordinance number 12. An ordinance authorizing and directing the Mayor on behalf of the Urban County Government to execute and submit the 2009 Consolidated Plan grant application to the U.S. Department of Housing and Urban Development to provide any additional information requested in connection with this grant application and to accept the grant if the application is approved, which grant funds are on the amount of $3,508,440 federal funds, are for the FY 2010 Community Development Block Grant Program, $2,045,837 Home Program, $1,357,050 Emergency Shelter Grant Program, $91,091,408, and the American Dream Down Payment Initiative, $14,145, acceptance of which obligates the Urban County Government for the expenditure of $319,337 from various funding sources as local cash match and $67,408 in kind match, appropriating funds pursuant to FY 2010 Schedule No. 1 and authorizing the Mayor to transfer unencumbered funds within the grant budget and authorizing the Mayor to execute agreements for the approved plan. Number 13. An ordinance amending certain of the budgets of the Lexington State Urban County Government to reflect current requirements for municipal expenditures in appropriating and reappropriating funds, Schedule No. 128. Number 14. An ordinance authorizing and directing the Mayor on behalf of the Urban County Government to accept a grant from the Kentucky Office of Homeland Security, which grant funds are on the amount of $337,000 federal funds, are for the purchase of explosive device mitigation and remediation equipment for the Division of Police's Bomb Squad, acceptance of which does not obligate the Urban County Government for the expenditure of funds appropriating funds pursuant to Schedule No. 129 and authorizing the expenditure and authorizing the Mayor to transfer unencumbered funds within the grant budget. Number 15. An ordinance authorizing and directing the Mayor on behalf of the Urban County Government to execute an amendment to the agreement with the Kentucky Transportation Cabinet for acceptance of additional federal funds in the amount of $156,000 for the Air Quality Planning Project, $54,000, and the Mobility Coordination Project, $102,000, acceptance of which obligates the Urban County Government for the expenditure of $39,000 as a local match and extending the projects through June 30, 2010 and appropriating funds pursuant to FY 2010 Schedule No. 2. Number 16. An ordinance authorizing and directing the Mayor on behalf of the Urban County Government to accept a grant from the Kentucky Board of Emergency Medical Services, which grant funds are on the amount of $10,169.49 Commonwealth of Kentucky funds, are for the purchase of a Gilderscope Ranger intubation device for the Division of Fire and Emergency Services, the acceptance of which does not obligate the Urban County Government for the expenditure of funds appropriating funds pursuant to FY 2010 Schedule No. 3 and authorizing the Mayor to transfer unencumbered funds within the grant budget. Thank you very much. If there are no motions with regard to those ordinances, we'll proceed, Madam Clerk, with reading of the resolutions. I understand that Council Member Henson may have a motion. Thank you, Mayor. I move to amend item number 12 under second reading of resolutions to change the sworn appointments from ratifying probationary sworn appointments to ratifying permanent sworn appointments. This is a material change and requires a new first reading. So moved. I have a motion and second. Is there any discussion? All in favor of the end, please say aye. Aye. Opposed, no. The motion carries. Madam Clerk, would it be appropriate to give first reading to that motion at this time or that resolution rather? I'll be glad to do that. Resolution number 12 as amended for first reading. A resolution ratifying the probationary civil service appointments of Darryl Clay, Public Service Supervisor, Senior, Grade 114E-1605-44, biweekly in the Division of Waste Management, effective March 30th, 2009. Bill Warren, Jr., Engineering Technician, Senior, Grade 113E-1981-20, biweekly in the Division of Water Quality, effective April 13th, 2009. James Wharton, Jr., Plant Operations Supervisor, Senior, Grade 118E-2182-80, biweekly in the Division of Water Quality, effective March 30th, 2009. Ratifying the permanent civil service appointment of Jill Wilson, Recreation Specialist, Grade 113E in the Division of Parks and Recreation, effective February 27th, 2009. Ratifying the permanent sworn appointments of Christopher Sweat, Fire Captain, Grade 316N in the Division of Fire and Emergency Services, effective February 13th, 2009. Christian Ulrich, Fire Lieutenant, Grade 315N in the Division of Fire and Emergency Services, effective February 13th, 2009. Mark Brown, Fire Captain, Grade 316N in the Division of Fire and Emergency Services, effective March 10th, 2009. Chris Bartley, Fire Lieutenant, Grade 315N in the Division of Fire and Emergency Services, effective March 10th, 2009. Approving the unclassified civil service appointments of Adam Clary, Deputy Coroner, Grade 112E-114.554, hourly in the Office of the Coroner, effective March 30th, 2009. Connie Hay, Staff Assistant Senior, Grade 108N, $13 hourly in the Office of the Coroner, effective March 30th, 2009. Thank you very much. A motion to give a second reading to number 12 would be appropriate? Has it been the rules to give second reading to number 12? I believe that it would just be appropriate to go ahead and just call for the second reading of the resolutions and then at that time there would be a motion to approve all of them as I. All right. Farewell. Madam Clerk, if you'll give second reading to those resolutions. Thank you. Resolution number one for second reading. A resolution accepting the bid of Chemco, establishing a price contract for custodial services at the Operation Adjustment Center for the Division of Facilities and Fleet Management. Number two. A resolution accepting the bid of KOI Auto Parts, establishing a price contract for truck and automobile batteries for the Division of Facilities and Fleet Management. Number three. 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 four. 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 five. 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 six. 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 seven. 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 of the sexual assault nurse examiner program at a cost not to exceed $40 for each sex scheduled on-call period, $230 for each completed forensic examination, $50 per case for professional testimony in court, and the reasonable cost of a medical liability insurance. Number eight. 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 nine. 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 ten. 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 sums stated. Number eleven. 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 for Eric Miller for the Derby Drive Stormwater Improvement Project and authorizing payment in the amount of $118,300 plus usual and appropriate closing costs. And number twelve for second reading. A resolution ratifying the probationary civil service appointments of Daryl Clay, Public Service Supervisor Senior, Grade 114E-1605-44 biweekly in the Division of Waste Management effective March 30, 2009, Bill Warren, Jr., Engineering Technician Senior, Grade 113E-10981-20 biweekly in the Division of Water Quality effective April 13, 2009, James Wharton, Jr., Plant Operations Supervisor Senior, 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 Senior, Grade 113E in the Division of Parks and Recreation effective February 27, 2009. Ratifying the permanent 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 112N-112E-14.554 hourly in the Office of the Coroner effective March 30, 2009, Connie Hayes, Staff Assistant Senior, Grade 108N, $13 hourly in the Office of the Coroner effective March 30, 2009. No. 13, a Resolution Authorizing and Directing the Mayor on behalf of the Urban County Government to execute a Facility Usage Contract with Fayette County Board of Education for use of Sandersville Elementary Gym at no cost to the Government. No. 14, a Resolution Authorizing and Directing the Mayor on behalf of the Urban County Government to execute a Facility Usage Contract with Fayette County Board of Education for use of the Cardinal Valley Elementary Gym at no cost to the Government, No. 15, 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. No. 16, a Resolution Authorizing and Directing the Mayor on behalf of the Urban County Government to execute a Designation of Applicants Agent Resolution designating Acting Commissioner of Finance William O'Mara as the Urban County Government's authorized agent for the purchase of obtaining certain federal financial assistance under the Disaster Relief Act or the President's Disaster Relief Fund. No. 17, 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. No. 18, 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. Lexington and Fayette Urban County Government, from the provisions of Article 17 of the Zoning Ordinance and establishing guidelines for use by the Lexington and Fayette Urban County Government in determining whether such a decoration or display by a business is exempt. No. 19, 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 Bluegrass Pride for promotion of recycling at no cost to the government. No. 20, 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. No. 21, a Resolution Authorizing and Directing the Mayor on behalf of the Urban County Government to execute a Contract Modification No. 1 to the Engineering Services Agreement with Strand Associates Incorporated for design of the Salt Barn at 5680 8th and Spoonsboro Road at a cost not to exceed $15,000. No. 22, a Resolution Authorizing and Directing the Mayor on behalf of the Urban County Government to execute a Certificate of Consideration and Accept a D, 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 an amount of $1,050 plus usual and appropriate closing costs. No. 23, a Resolution Authorizing and Directing the Mayor on behalf of the Urban County Government to execute a Certificate of Consideration and Accept a D, conveying a permanent sidewalk easement from Lones 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. No. 24, a Resolution Authorizing and Directing the Mayor on behalf of the Urban County Government to execute a Certificate of Consideration and Accept a D, conveying permanent cemetery sewer and temporary construction easements from Merv 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. Is there a motion to approve those resolutions? Second. Council Member Blues has moved the approval of those resolutions. Council Member Gordon has seconded that motion. Is there any discussion? Seeing none, we'll proceed to vote. All in favor of those resolutions being approved, please indicate by voting aye electronically. Those opposed, vote nay electronically. Madam Clerk, please call the roll. Mr. Lane? Yes. Mr. Martin? Yes. Mr. McCord? Yes. Mr. Myers? Yes. Mr. Williams? Aye. Mr. Blues? Yes. Mr. Ellinger? Yes. Ms. Feigl? Aye. Ms. Gorton? Aye. Mr. Gray? Yes. Okay. Ms. Henson? Yes. And Ms. James? Aye. Thank you. Thank you very much. Those resolutions are approved. Now ready for the resolutions entitled to first reading. Madam Clerk, you'll proceed, please. Resolution number 25, a resolution accepting the bid of A and B Industrial Sheet Metal in the amount of $19,915 for rooftop makeup, air unit replacement in the Division of Water Quality. 26, a resolution accepting the bid of Jack Doheny Supplies Incorporated in the amount of $319,400 for a 15 cubic yard combination sewer cleaner for the Division of Water Quality. 27, a resolution accepting the bid of Jack Doheny Supplies Incorporated in the amount of $224,200 for three cubic yard combination sewer cleaner for the Division of Water Quality. 28, a resolution accepting the bid of Spectrum Contracting Services in an amount of $129,444 for the Castlewood Parks Picnic Shelter and Restroom Building 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 Spectrum Contracting Services related to the bid. 29, a resolution accepting the bid of Borger LLC in the amount of $34,422 for secondary digester transfer pumps for the Division of Water Quality. Number 30, a resolution ratifying the probationary civil service appointments of Dolores Couch, eligibility counselor, grade 110E-10235-52, bi-weekly in the Division of Adult Services effective April 20th, 2009, Stacey Jacobs, computer analyst, grade 115E-1009-7384, bi-weekly in the Division of Computer Services effective April 6th, 2009, John Angel, public service supervisor, grade 111N-19.104, hourly in the Division of Water Quality effective April 13th, 2009, Lai Yvonne, sensible social worker senior grade 113E-1006-1328, bi-weekly in the Division of Youth Services effective April 13th, 2009, ratifying the permanent civil service appointment of Sean Gatewood, public service worker senior grade 107N in the Division of Streets, Roads and Forestry effective April 6th, 2009, ratifying the unclassified civil service appointment of Gary Gardner, construction supervisor, grade 118E-2008-9848, bi-weekly in the Division of Waste Management effective March 23rd, 2009, approving the unclassified civil service appointment of the Office of the Urban County Council, Diana Queen, aide to council, grade 000E-2038-47, bi-weekly in the Office of the Urban County Council effective April 1st, 2009. Number 31, a resolution authorizing and directing the mayor on behalf of the Urban County Government to accept a donation from Kentucky's Division of Emergency Management of 20, suction quick draw with rechargeable batteries for use at the Division of Fire and Emergency Services at no cost to the Urban County Government. Number 32, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an amendment to agreement with the Kentucky Transportation Cabinet for the extension of the South Limestone Multimodal Traffic Study Project through June 30th, 2010, at no cost to the Urban County Government. Number 33, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a certificate of consideration and accept the convenient greenway from Boston Road Development LLC for property located at 3881 Dillon Place at no cost to the Urban County Government. Number 34, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an amendment to agreement with the Kentucky Transportation Cabinet for extension of the traffic signals upgrades and traffic control projects through June 30th, 2010, at no cost to the Urban County Government. Number 35, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a rental agreement with the Lexington Center Corporation for the celebration of Disabilities Expo at a cost not to exceed $950. Number 36, a resolution ratifying the Department of Law's execution on behalf of the Urban County Government of a settlement agreement stipulation and recommendation and any other necessary settlement documents in Kentucky Public Service Commission Case Number 2008-00427 pertaining to the rates of Kentucky American Water Company. Number 37, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a memorandum of understanding with Windstream Kentucky East LLC for the downtown Lexington streetscape project at a cost not to exceed $41,918. Number 38, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute certificates of consideration and other necessary documents for property interests for the Sugar Mill Mitigation Project at a cost not to exceed $411,520. Number 39, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute agreements with Lafayette High School Baseball Boosters Incorporated, $200, Black Church Coalition of the Bluegrass Incorporated, $1,450, and Inglesia Nueve Incorporated, $500 for the Office of the Urban County Council at a cost not to exceed the sums stated. Thank you very much. Are there any motions? I see none. So we'll proceed. You have some communications from the mayor, a motion to approve. Those would be in order. Move approval. Councilmember Gordon has moved approval of the mayor's recommendations. Councilmember Henson has seconded the motion. Is there any discussion? All in favor of approving those communications, please indicate by saying aye. Opposed, no. The motion carries. Item nine is for information purposes only. That brings us down to announcements. I have one which is a repeat of one made earlier, and that is we'll have the Neighborhood Leaders Forum next Thursday evening, April 16th, over at the Phoenix Building in the third floor community room. It will start at 5.30 with a tour of the Traffic Management Center, and then the program will begin from 6 until 9 that evening, and we'll have a light snack supper, so I hope folks involved with our neighborhood associations or homeowners associations will come join us next Thursday evening. Councilmember Gordon. Yes. Thank you, Mayor. Councilmembers, I know some of you may not have had time to check your mailboxes, but the binder, which includes the Stormwater Fee Task Force report to Council, is in your mailboxes, and it will go on the Urban County Government website tomorrow for the public. Thank you. Any other announcements? Seeing none, we'll proceed with public comment. Mr. McCarthy, I presume that's why you're here this evening? Mayor, there is a police and fire disciplinary that needs to be. You are correct. I had a note to that effect, and I appreciate you're here. And also, Mr. Gardner, behind you has another. Your Honor and members of the Council, previously I've pointed out why I think that changing our downtown one-way streets to two-way will cause an absolute disaster from a traffic standpoint. Tonight, I would like to point out why I think it will not help resurrect downtown, because one-way streets are not what killed the retail businesses we used to have downtown. They died because they refused to put forth the effort to compete against all the new malls that had been developed over the years. Malls offered free parking to their customers. In other words, going a step farther toward accommodating automobiles rather than trying to suppress them, where downtown still charges people for a parking space. But a much bigger factor is that the stores that used to exist downtown were only open during the hours when most of the population has to be at work at their own jobs. If a store is only open when I have to be at work, I can't do business with that store. If I have to burn vacation time to go shopping, I will be doing my shopping a thousand miles away in the place where I'd be going on vacation anyhow, not anywhere close to home. And I think a lot of other people felt that way, too. Plus, the stores that we had in downtown were stuck on the old model of us being a nation mostly of families in which only one member of the family worked while at least one other adult was available to go out and spend the money during the day. And now we have more recently become a nation predominantly of individuals in which pretty much every adult has to work in order to survive. And while you've got a few people who work weird shifts that might be able to shop in the daytime, those of us that work in the daytime are only free to shop during evenings or weekends. And because the stores that used to exist downtown would not make the effort to accommodate the needs of the customers, the customers all went to the malls. And no matter how much you subsidize businesses to come back into downtown, if they operate the same way they did and close promptly at 5 every evening, they will all be dead again in short order. Thank you, Mr. McCarthy. Mr. Gardner called my attention to the fact that Resolution No. 35 is a time-sensitive issue and I think Councilmember James may be prepared to make a motion in that regard. Mayor, thank you. I was over here jaw-jacking a little bit and neglected to ask for a second reading, a suspension of the rules and give second reading to No. 35. This is the rental agreement with Lexington Center for the Celebration of Disabilities Expo, which is tomorrow. And there was some delay in the processing, so I just move for suspension of the rules to give second reading. Second. Thank you. I have a motion and a second to suspend the rules to give second reading to No. 35. Councilmember James, I assure you we have all been guilty of jaw-jacking from time to time up here, so no problem at all. Any discussion? All in favor, then, of suspending the rules to give second reading to Item No. 35, please indicate by saying aye. Aye. Opposed, no. Motion carries. Sorry, I put the wrong kind of vote on there. I'll fix that real quick. And I wasn't jaw-jacking. I was not paying attention. Resolution No. 35 for second reading, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute rental agreement with Lexington Center Corporation for the Celebration of Disabilities Expo at a cost not to exceed $950. Thank you. Motion to approve. Second. Councilmember Blues has moved. Councilmember Myers has seconded that the Resolution No. 35 be approved. Any discussion? Seeing none, we'll proceed to vote. All in favor, please indicate by voting aye electronically. All opposed, vote nay electronically. Madam Clerk, please call the roll. Mr. Lane? Yes. Mr. Martin? Yes. Mr. McCord? Yes. Mr. Myers? Yes. Mr. Stennett? Yes. Mr. Ellinger? Yes. Ms. Feigl? Yes. Ms. Gorton? Aye. Mr. Gray? Yes. Ms. Henson? Yes. And Ms. James? Yes. Thank you. Thank you very much. That resolution is approved. We do also have two disciplinary actions tonight, one from the Police Department, one from the Fire Department. Chief Hendricks, if you'll step forward, we'll take care of the fire item first. Yes, thank you, Mayor. In the matter of Firefighter Robert Smith, a second offense of being absent without leave has resulted in the recommendation of the Administration of a 72-hour suspension without pay and mandatory completion of counseling through the EAP. Firefighter Smith has signed his concurrence, and we recommend that. We have a motion by Councilmember Ellinger and a second by Councilmember Myers to approve the recommended discipline. Any discussion? All in favor, please say aye. Opposed, no. Motion carries. Thank you, Chief. Thank you, sir. And Captain, I understand we have one from Police as well. Thank you, Mr. Mayor. In the matter of Officer David Loy Lunsford, employee number 42214, he has committed the offense of failure to report for duty and failure to make proper notification to supervise or violation of KRS 95-450 and General Order 73-2, Section H-108, Reporting for Duty. He has concurred with an 80-hour suspension without pay, which has also been agreed to by the Chief of Police, Ronny Bastin. We have a motion by Councilmember Myers to approve the recommended discipline. Councilmember Lane has seconded that motion. Any discussion? All in favor, please say aye. Opposed, no. Motion carries. Thank you, Captain. Is there any further public comment for the Council? Seeing none, a motion to adjourn would be in order. Councilmember Stennett has moved to adjourn. Councilmember Henson has seconded. All in favor of the motion, please indicate by saying aye. Opposed, no. The motion carries. Thank you very much.