# Urban County Council Meeting - May 14, 2009 > Auto-transcribed civic record · Council · May 14, 2009 - **Permalink**: https://meetings.lexingtonky.news/meeting/916 - **Source video**: https://lfucg.granicus.com/player/clip/916?view_id=14&redirect=true - **Date**: 2009-05-14 - **Body**: Council - **Last revised**: June 17, 2026 - **Length**: 17,691 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 May 14, 2009, at 7:00 P.M. in Lexington, Kentucky, with Mayor Jim Newberry presiding. The meeting included two agenda items: an informational presentation on Girls on the Run and consideration of an ordinance related to Water Quality Management Fees. Over the course of the meeting, the Council took 2 votes and heard 2 public comments. The ordinance on Water Quality Management Fees was approved, while the Girls on the Run item served as an informational presentation with no vote required. ## Attendance All members were present for the Council meeting on 2009-05-14. No members were recorded as absent or late. **Present (16):** - Jim Newberry - Myers - Stinnett - Beard - Blues - Crosbie - Ellinger - Feigel - Gorton - Gray - Henson - James - Lane - Lawless - Martin - McChord ## Votes and Decisions Two ordinances came to a roll call vote during the May 14, 2009 Council meeting. - **Ordinance 59-2009** — This ordinance proposed amending Article 6-4(c) to authorize the Planning Commission to review variances and conditional use permits. The motion was made by Martin and seconded by Stinnett. The ordinance **passed unanimously, 15–0**. [timestamp: 56:09] All fifteen members voted in favor: Myers, Stinnett, Beard, Blues, Crosbie, Ellinger, Feigel, Gorton, Gray, Henson, James, Lane, Lawless, Martin, and McChord. No members voted against or abstained. - **Ordinance 60-2009** — This ordinance proposed creating Article XIV of Chapter 16 to establish a system of water quality management fees. The motion was made by Gorton and seconded by Stinnett. The ordinance **passed, 13–2**. [timestamp: 56:39] Voting in favor were: Myers, Stinnett, Beard, Blues, Feigel, Gorton, Gray, Henson, James, Lane, Lawless, Martin, and McChord. Crosbie and Ellinger voted against. No members abstained. ## Budget and Financial Actions The Council addressed two grant-related financial items at the May 14, 2009 meeting, both directed to the Urban County Government. - **Ordinance 61-2009** accepted a grant of **$922.50** from the Kentucky League of Cities to fund the purchase of personal protective safety jackets. [timestamp: not available] - **Ordinance 62-2009** accepted a grant of **$15,000.00** from the Kentucky Office of Highway Safety to support the **Click It or Ticket Safety Belt Enforcement** program. [timestamp: not available] Both ordinances directed grant funds to the Urban County Government. Combined, the two grants totaled **$15,922.50** in outside funding secured for public safety purposes, covering both officer protective equipment and traffic safety enforcement initiatives. ## Public Comment Two residents addressed the Council during the public comment period. - **Bernard McCarthy** [timestamp: 14:43] raised concerns about the Municipal Aid fund, arguing that insufficient funds were being directed toward it. He also proposed that developers be taxed for infill and redevelopment projects as a potential revenue mechanism. - **Artie Clifford** [timestamp: 17:35] spoke in the context of the Budget Content Public Hearing, focusing on the Small Area Plan for the Central Sector. He requested that budget funds be allocated toward establishing a Community Development Corporation. ## Appointments The Council took action on the following appointments during the May 14, 2009 meeting: - **James Bush** was appointed to the role of **Environmental Program Manager**. - **Robert Smith** was appointed to the role of **Maintenance Supervisor**. ## Contested Items - **Water Quality Management Fees:** The council considered an ordinance related to water quality management fees, which generated enough opposition to produce a split vote. The measure ultimately passed by a vote of 13-2, indicating that while a strong majority of council members supported the ordinance, two members voted against it. The specific nature of the disagreement — such as concerns about fee levels, implementation, or impact on residents — is not detailed in the available record. [timestamp: not available] ## Girls on the Run Presentation [timestamp: 04:59] Council Member Crosbie introduced a presentation on the Girls on the Run program, highlighting its impact on young girls in the community. Cathy Stichnoh also participated as a key speaker during this portion of the meeting. The presentation was informational in nature, with Council Member Crosbie recognizing the coaches and participants involved in the Girls on the Run program. The item served to bring awareness to the Council and the public about the program's work and its positive effects on young girls. No debate or opposing concerns were raised during this agenda item. The presentation concluded as an informational item with no formal vote or action taken by the Council. ## Ordinance on Water Quality Management Fees [timestamp: 56:09] The Council took up agenda item VI.2, an ordinance establishing a system of water quality management fees. The ordinance set out provisions governing billing procedures, discount structures, and the creation of a review board to oversee the fee program. Key speakers on this item included Myers, James, and Gorton, who participated in the presentation and discussion of the ordinance. The measure was designed to formalize the framework under which water quality management fees would be assessed and administered. The ordinance was ultimately **approved** by the Council. --- ## Decisions - **Ordinance 59-2009** — passed (15-0): Amending Article 6-4(c) to authorize the Planning Commission to review variances and conditional use permits - **Ordinance 60-2009** — passed (13-2): Creating Article XIV of Chapter 16 to establish a system of water quality management fees --- ## Full transcript Thank you very much. Council Member Crosby. Thank you Mayor, members of the council. It is my distinct pleasure to be here with you tonight and introduce you to some fine young ladies that I've had the privilege to work with over the past 12 weeks. Um, you'll see up on the screen some pictures of a program from Girls on the Run. Um, we have a board member here with us tonight who's gonna talk to you a little bit about the program. But, uh, it's a running program that these girls participated in, and it was a 12-week program. And I was privileged enough to work with these girls at Christ the King School. Um, what was nice about it was not all the girls were students at Christ the King School. We had, um, at our location, girls from various different schools, and they all bonded together, as you can see, and became great friends. And before I introduce the board member, I'd like to recognize the two other coaches that I worked with. Um, Coach Dana Corbett, if she could please stand. ... and also Coach Victoria Carling. Let's hear it for our coaches. Many of y'all know that, um, a, a, a lot of moms, uh -- b- all three of us, in fact, work, work jobs and, uh, volunteer a lot of time with our kids' programs. And I have to say that this has been one of the most fulfilling things that I have done personally. And, um, after the board member, uh, eh, tells us a little bit about the program, I'm gonna ask each one of the girls to come up and say their names, and we'll line up, and we'll have our picture made with the mayor. So at this time, I'd like to introduce Cathy Stichnoh, if she'll please come up, and she's a member of the Girls on the Run board. Thank you. Thank you. Um, my name is Cathy Stichnoh, as Casey said, and, um, on behalf of Girls on the Run, we would like to thank you for your generous contribution. Girls on the Run is an after-school program for third, fourth, and fifth grade girls that prep- that prepares them for a lifetime of self-respect and healthy lifestyle through running. Our curriculum addresses their physical, emotional, mental, social, and spiritual wellbeing. It also teaches them the importance of their community. During this 12-week program, the girls will vote and participate in a community project. At the end of the 12-week program, we end with a 5K run/walk event. In fact, last weekend, May 9th, we held our first 5K race. We had over 300 runners, 100 volunteers, and 63 girls from our program completed the race. In fact, I believe Jay McCord participated. Thank you. Um, it was a great success. I truly believe in this program. I have three adult daughters, and I just wish we had something, eh, like this when my children were growing up. In the fall, we started with two sites. We have grown to six. We have a site at Cassidy Elementary, Northern Elementary, Veterans Park, Providence, Christ the King, and Seaton School. And I just wanna thank you again for your contribution and your continued support. At this time, if I could have the girls just nicely come line up, I'll have, um, them each say their name and their age, or their grade, whichever they prefer. Um, and then we'll have them just come to the front. If we could ask Mayor Newberry to please come down, and we're gonna have our picture made with you. Um, girls, come on. Oh, thank you. We'll do the handheld one. That might be easier. Is it on? Yes. Yep. Elizabeth Thompson. Oh, wait. How old are you and what grade? I'm 10, and I'm in fourth grade. Caroline Mahan. I'm 10, and I'm in fourth grade. Meriwether Carling. I'm 10, and I'm in fourth grade. Sarah Thompson. I'm 10, and I'm in fourth grade. Kirby Crosby, and I'm 10, and I'm in fourth grade. Catherine Eagleson. I am 10, and I'm in fourth grade. Hayden, Kayden Cole. I'm, uh, I'm nine, and I'm in fourth grade. Gabriela Vargas in third grade. N- and I'm nine. Molly Williamson, and I'm eight, and I'm in third grade. Kate Whitman, I'm mi- and I'm eight, and I'm in third grade. Sarah Simon-Patches. I'm eight, and I'm in third grade. I'm Cassie Corbett, and I'm, I'm 10, and I'm in fourth grade. I'm Isabella Baldacci, and I'm 10 and in fourth grade. Um, I'd just like- And I'd just like to say, these girls, again, you all were such a pleasure to work with, and they, uh, started out, a lot of 'em, as you can see, some 'em are still in soccer cleats and shin guards. A lot of 'em are involved in other sports and activities, but their dedication to show up twice a week for 12 weeks and train to either walk or run, uh, in a 5K at their age is truly tremendous. I don't think I could've done it, and I barely made it with them on Saturday. I was running with one who even had a pulled muscle in her back, and I could barely keep up with her. But I think, um, I'm sure that our entire group, they all finished, and, uh, they just did a phenomenal job. So with that, congratulations, and we're looking forward to having y'all back next year. Thank you. Ah, thank you. Okay. Then we're gonna have the mayor take a picture of us all together. There we go. Look at that. One more time. There you go. Now smile. Beautiful. All right. Thank you very much. Thanks, Councilmember Crosby, for having the group here tonight. We're delighted to have you all. You're welcome to stay as long as you wish. If you need to head out, we'll certainly understand, though. We, we do a lot... We take a lot of pictures around here, and I wanna tell you, Ed Roller does a wonderful job in these sorts of settings, getting everybody to line up and do their thing in the right way. And Ed, I really appreciate it. You do a great job. Appreciate your help. Okay. We have a couple of public hearings that we are supposed to hold tonight, and, um, I have a couple of statements that I am supposed to read in connection with those. So if you'll bear with me for just a moment, the first one is, uh, in connection with the Municipal Aid Program public hearing. Tonight, we're holding a public hearing on the proposed 2009-2010 Municipal Aid Program. As required by KRS 174.100, the hearing will include all proposed projects for which $5,830,800 is estimated to be available during fiscal year 2010. These funds may be used for supervising, inspecting, building, and all expenditures incidental to the construction, reconstruction, or maintenance of a road or street, including planning, locating, surveying and mapping or preparing roadway plans, acquisition of rights of way, relocation of utilities, lighting, and the elimination of other hazards. During the hearing, any person may speak with regard to any project which he or she feels should be built or done, which has not been proposed, priorities for completion of projects, and any other matter related to road or bridge projects. Irving County Council shall not be bound by the testimony heard at the hearing, but shall give due consideration to it. A list of proposed eligible projects for the Fiscal Year 2010 Municipal Aid Program is attached. I believe copies have been available, made available in the, in the back of the room if, if they, if you have not seen them. We are recommending that the estimated available funds be used for, one, our annual street resurfacing effort, two, eligible labor costs in the Division of Streets, Roads and Forestry, three, video detection for resurface streets, four, major road improvements, five, eligible labor costs in the Division of Engineering, and six, pavement management, uh, program. A representative from the Department of Public Works and Development is here to answer any questions the council or public may have. With that being said, the public hearing on the Municipal Aid Program is now in session. Are there any comments from the public? Mr. McCarthy. Your Honor and members of the council, first off, whatever you're spending, it's probably not enough. We definitely need more road improvements. I would like to see you tax developers, charge them an impact fee in the old parts of the urban service boundary, just like you do in the expanded areas. And that should apply even to infill and redevelopment if it raises density over what was there, because they create the need for more capacity. Also, I would like to suggest, while I have seen a few cases where someone has done a little bit of spot chip sealing by hand, I would like to suggest that that is something the city should try more of. That if you seal a cracked area, you prevent future potholes next winter, for one thing, and maybe postpone having to resurface the whole road. And I would like to suggest that, uh, perhaps in some cases you might help keep dirt out of the storm sewers by adding more pavement. Just walking down here tonight, I noticed right at the corner of Fifth and Harry, all these vehicles that can't make the tight turn turning the corner have run over the corner of someone's yard, gouging a hole in the ground and tracking lots of mud all over the pavement, thereby increasing the odds that some of it will find its way into our storm sewers. If you guys would, even if you have to buy a little more right of way, increase the turn radius at some of these intersections where it's especially tight, you cut down on vehicles running over the dirt and off the pavement and cut down the amount of dirt that's tracked onto the pavement and wash down our storm drains. And I also think that you should extend Fifth Street through the area occupied by Eastern State Hospital and extend Jefferson Street northward to Russ Kay. Thank you, Mr. McCarthy. Does anyone else wish to address the council on the Municipal Aid Program? Seeing none, the public hearing is now closed. The next, uh, public hearing is in connection with the proposed budget. And again, I have a, a brief statement to, uh, read it in connection with that hearing. In compliance with the Irving County Government's charter, we are providing an opportunity for residents to make comments about the budget for the upcoming fiscal year. A summary of the mayor's proposed budget is on the table in the back of the room. And with that being said, the public hearing is now in session. Does anyone wish to, uh, comment? Uh, Mr. Clifford. Sorry, this is, uh, I'm Marty Clifford. I'm president of the North Limestone Neighborhood Association and, uh, part-time coordinator for the Central Sector Neighborhood Coalitions, which make up about eight neighborhoods. This is the first time I've ever been to a budget hearing and addressed you guys. I, I'm not sure if I'm doing it in the right order, but I figured if you hear it, then we're there. Uh, the, uh, I wanted to thank you for, uh, the small area plan that was done for the central sector. It, it, it went really well. It's a great plan. Uh, then the, uh, uh, passing, uh, couple weeks ago through planning commission, thank you very much. The, uh, it could be the greatest plan in the world, but, uh, if we don't have someone... ... initiating the plan, uh, effectively, it- it- it won't do anything. So, uh, uh, why I'm coming here tonight is to ask you to, uh, leave in your room... uh, leave room in the budget somewhere for a CDC, which is a Community Development Corporation. Uh, Andrea's much more up-to-date and, uh, on that than- than- uh, and- and- and what she says we trust 100%, and we hope that you will follow her lead in what she asks for in a budget for that. Uh, eh, we talk a lot in that, in the central sector, and- and- uh, I- I'm thinking maybe there might be questions on how it will benefit the whole of Lexington. It's not just the north side or the central sector that this is benefiting. It will benefit the whole of Lexington, and I just wanted to hit a... about six things on how that will do it. Uh, a burden will be lifted from the city management in trying to meet the unique needs of the central sector. The CDC is more nimble, innovative, and brings new ideas to Lexington and the north Side. Focus on the central sector problems can be proactive. Uh, staff would be cheaper. Uh, when successful, the central sector's improvements will reflect positively on the whole of Lexington and its tourist trade. Less resources to bandage current problems. CDC will fix the problems and can then contribute the resources to the whole of Lexington. Uh, so we're asking that you, uh... I- I don't have a dollar amount in mind. After Andreas- after Andrea's working on that, but we're asking that you keep the room in your budget to offer seed money to get the CD- c- c- started, and what I understand so far is that we'll need the seed mon- seed money to get started, and then gradually it will become self-sufficient. So, over the years, it'll be less and less and less till finally it will be on its own and managing the problems of the north side on its own. And, uh, I wanna thank you very much for listening. Thank you. Thank you. For, uh, someone that hasn't been here before, you did quite nicely. Thank you. Mr. McCarthy, I had you on the list to talk about the budget. Did you wish to address that or just the municipal aid program? Well, I will- I will say at least whether this falls under one or the other, I'm not sure which or maybe both, but I will say you also oughta put back the funding for the Tates Creek sidewalks and go ahead and build them despite the opposition from various Nimby groups. Thank you, Mr. McCarthy. Does anyone else wish to address the Council in regard to the proposed budget? Seeing, uh, no further comment, that public hearing is now closed. Thank you. Madam Clerk, we're ready to give second reading to ordinances entitled to a second reading. Number one, an ordinance amending Article 6-4C to authorize the Planning Commission to review variances and conditional use permits associated with zone changes at the zone change public hearings. Excuse me. Uh, Council Member Myers, please. Thank you, Mayor. Council Members, um, y'all have a copy of the motion that I circulated on Tuesday and ran that through law for the proper vetting through Commissioner Taylor, uh, Charlie Martin, and, uh, the mayor's office. I think everybody we could think of, all the council members, all their aides. It's not new. It's something that I think, um, Councilman... Member Crosby had in her litany of motions that she was trying to make last week. I was trying to, at one point, awkwardly separate out a couple of issues, and I was trying to separate this one out so we could deal with it on its own- on its own merit. Um, for the public, the... I guess it's up... No, you don't have that. Do you want a copy of that motion? I have it. You have it? Can you put it up on the screen so people at home can see, please? The motion is simple in that, um, a part of this ordinance would require or facilitate an automatic CPI, uh, CPI index increase to the water quality fee every year, um, and that would be automatic. And, you know, this is Dr. Hackbart was here on Tuesday, and he talked about the need for changing the way that we set up enterprise funds. And, you know, if you were watching, I had several questions for him on that- on that front. But he talked about setting things up different on the front end. This ordinance, the way it's written, does the exact opposite of what Dr. Hackbart was saying in that not only does it not have a provision to reallocate some of those funds on the front end if we, um, have too much money in that fund at some point, but it does even worse in my opinion by giving it an automatic increase without regard to necessary need. And also, I think that that prohibits transparency in government where the group that would be responsible, which would be one of those committees that's set up in the ordinance, would come back to the Council and present the need for the increase. And so, um, I fully support the need for that ordinance in terms of, uh, the water quality fee, fully support that. I just do not support the aspect of the ordinance that requires to have an automatic increase based on the CPI. There's an audit that's gonna come, um, on the third year. I think you're gonna hear some people speak about that audit and that that's the opportunity to go back then and look at whether or not we need an increase. I agree with that. I think that's an exact opportune time to do that. The problem is, the way the ordinance is written is you have the audit, but on the other hand, you've got a automatic increase that's there in spite of the audit. So my motion is I move to amend item number two on the docket under Ordinances Second Reading as follows, by adding the following words to the end of 16-403(2)(c)): This section shall terminate on June 30th, 2014 unless amended or extended by action of the County Council. What that does is instead of making it automatic, it gives the Council an opportunity to, based on that audit, go ahead and extend it. And then by adding subsection 16-4032D to be as follows. D, beginning in 2014 and in every even number year thereafter, the Water Quality Fee Board shall recommend to the Irving County Council any necessary adjustments to the base fee. The recommendations shall be based upon the actual cost of the water quality management program, the water quality management, um, fees collected, fee adjustments pursuant to section 16-405 of this chapter, and other relevant data. So moved. And if I could say one more thing- Well, do we have a second? Okay. Do we have a second? Second. Councilmember Andrew James has seconded the motion. Councilmember Myers? Thank you. Um, the second thing I wanna say is that there's been concern about delaying this ordinance and that if we do this as a substantive change, which means we have to give it another first reading, which means we can't do second reading today. I wish that were different. I wish we could do that differently. But what I would propose to the council is that on the 26th of this month, we would automatically today schedule a special meeting to go ahead and wrap this up. Or we could actually do it Thursday when we get back from the chamber trip. Um, that would require people coming in at a time that's not regularly scheduled, as opposed to on the 26th coming in for work session. But I would be more than happy to make the motion to either schedule a public, or special meeting for Thursday, th- the minute we get back from the chamber trip, or that following Tuesday. Because my intent is not to hold this up any longer than we have to. My intent is simply to remove the automatic CPI index increase. Thank you, Mayor. Thank you. Further discussion? Councilmember Beard? Um, I- I- I'm gonna support this motion, um, primarily because I- I don't believe the, um, CPI is... While it applies to the l- labor force involved, it does not necessarily apply to the materials and such that, uh, w- we have to do to, uh, to- to implement, uh, uh, stormwater, uh, remediation. Um, those supplies seem to bounce all over the place, the cost of steel, the cost of concrete, and things of that sort. But that doesn't necessarily relate to the cost of lettuce and the cost of Tide detergent and some of the other things that... It's just not indexed properly. Now, that does apply, again, to the labor force, but it does not apply to the materials. So, uh, a- as long as we're gonna review this and have an opportunity to, to, uh, to look at this every two years, I- I think that, uh, should be adequate enough, if in fact we even have enough cushion. The first couple of years, we, uh, were probably gonna be flying blind somewhat anyway as to whether we've got the exact, uh, uh, numbers and everything works as we anticipate it will. So, uh, that, that will be appropriate. And the audit, of course, is, uh, is probably is, uh, gonna be valid also. So anyway, I just wanted to get that said. Thank you. Further discussion? Um, I don't see any speakers coming up on my screen. Okay. Councilmember McCord? Thank you, Mayor. And I- I- I wanna ask Councilmember Gordon or Councilmember Stennet to maybe speak to this to help me clarify a little bit about this. Uh, but one of the things that, that I, I see that's problematic about, um, not including a CPI and, and, or, or putting it in a situation where that's in jeopardy is that we found ourselves 150 million in the hole with sanitary sewers. We, you know, had, had... Someone had enough, uh, foresight to put it on so we could address our sanitary sewer problem. But over time, there wasn't anything to keep it up, uh, to, to current levels. We got ourselves behind and that was part of the, the EPA situation. And I know, Councilmember Meyers, that, that, uh, in your motion, we- we've got a CPI on in what you're... The spirit of what you are trying to do is to say, uh, like we saw with Dr. Hackbarth the other day, that if you've got an overfunded fund that you don't find yourself in that situation. Um, so I understand that. But is, is there anything, Councilmember Gordon or Stennet, that, uh, that you can speak to? The way the ordinance is currently written as it relates to this motion, how is, how is what you ha- have proposed and what we've read first, um, does this address this? Is there something similar? Uh, because again, it's, it's one of these things where it's an educational curve for everyone. Go ahead. Sure, sure. I'll go first. You know, and I'll be honest with people, I voted against the CPI addition d- during the task force work. And, uh, since then though, um, just a couple of things. One, to address this motion, uh, and particularly, it says to redo it every two years, look at it every two years, whether or not we increase or not increase it. The problem with that is, though, we just voted last week to amend this, to review this after the third year and every five years thereafter. So it's very inconsistent and adds yet another layer of this board has to juggle two things now, a five-year audit now every two years to determine the rate. So that, that doesn't match. So I can't support it just for that reason alone. But second of all, after this third year, it's an easy decision. You do the audit. Do we keep the CPI? Do we need it? Then you can vote it out. It's a lot easier to do that and vote it and take it away and reduce the tax then. That's what we need to be doing on every single tax revenue we have. And you are correct that, uh, we can start looking at that. And this needs to be added to everything, the audit, the procedure, looking at all of our funds. If we have a fund balance, reduce the tax. Stop hoarding this money in, in accounts we can't use anywhere. But I will not support this tonight, one, because of the timing. Second, because of the wording in there every two years is not consistent with what this council approved last Tuesday unanimously almost, um, to move forward. Thank you. And if I might add, Kevin said a lot of what I was going to say, but we purposely, in the task force, wanted to make... ... make ourselves accountable to the public. As you all know, this is the first dedicated fee that requires an audit. And our thinking was, that when the audit came forward, that would be the time for the council that was seated at the time to lower the fee or take a look at what the revenues are and take an action. Having been here a while, I can tell you, it is much more difficult for a council to raise any fee. Look, look how long this has taken. Even if it's a CPI, it will be, it will be very easy to look at the numbers on the audit in the third year and say, "We have enough, we don't have enough, we need, you know, we need to take the CPI out." Or whatever the determination is. I would like, I'm, I'm going to vote against the motion. I want us to have an ordinance that's on the books, which I think this one is, which can be successful and be simple and be fair, and I think we've got that. And George, I really appreciate your intent because I, I understand your intent. I really do. And, um, but I think we've got the opportunity very soon to look at what you want to look at. Council member McCord? All right, Council member Meyers. Thank you, mayor. Some great comments made. I want to clarify first, uh, councilman McCord kind of, I think mischaracterized, um, what I was talking about when you asked about, um ... Let me go back to that one because I forgot exactly what you said. Um, I was writing down other things. Um, when we talk about transparency and we talk about the opportunity that that audit brings, um, and we talk about whether or not a council will do the right thing in the future, I think that's the whole beauty of this. And, and again, I think all, everything that was said today really makes my argument. When people say, "Look how long this took." We can look at it from per- from that perspective, but the reality is, Don Blevins came on this council and in one short term, he looked at an issue, he said, "There's a problem. What's the solution?" And he went to the administration and he put together five different options for a solution. And then he worked that through the council and came up with one, and that's why we're here today. It doesn't take 10 years to take care of these issues. It doesn't take a lot of fortitude and testing of fortitude for a council to do that. We're stepping out right now to put in the m- the biggest tax increase, probably that this city's ever had. And, and you've got 13 out of 15 people doing that without any trouble. I don't think that there's going to be that much of a difficulty for the future councils to then say, "Let's keep up with what we need to do." When we go back to enterprise funds, councilman, um, council member you said that we need to do , excuse me, we need to put together, um, a fee and a fund that can be successful. But once again, this is the only fee or fund in our government that has an automatic increase to it without transparency and going back. What other ones have an automatic increase? Well, I'm glad you brought that up too, because that's the other thing that I said on Tuesday when Dr. Hagbart was here, was that I would be bringing a motion forward to attach an audit to every one of our enterprise funds. And that's a great idea, but that's what we need to do. We don't need to build in an automatic increase and then say, "Let's vote the automatic increase out." That's what's actually duplicity because you've got an audit that you're relying on to inform you on what to do next. But then you also, at the same time you're putting in an ordinance that you're going to do this audit, you're putting it in the ordinance that we're going to have an automatic increase regards what the audit says. Why not take the automatic increase out, whatever the audit says, that's what we do? So, um, you know, I think that, once again, it took one person to come in with a vision to fix this problem, and that's why we're here today. We can do what we need to do without attaching the automatic privilege to this fund. And we see what it's done in the other fund that has that. It's $35 million sitting there with no plan on how to spend that money. And now we're talking about putting together something where we can roll that tax back. So, you know, I hope you guys will support me on this and just moving forward with the fee, but taking off this automatic increase to it. Thank you. Mayor. Council member ******. I can't, I can't log in here. Thank you, mayor. Um, having served on the task force as well, I, I know that, uh, this is an issue that we did struggle with. Um, but I believe that because we have kind of, um, worked this over quite a bit over the last two, two, uh, meetings. And, and believe me, we, we worked it over very, very, um, thoroughly before we brought it to the council. But certainly we came back and we expected some re- other recommendations. Um, but because we have made the change that will require the audit to be at the third year now, I am inclined to, um, to go along with this motion because I feel like that if we don't build in the CPI, then whatever council happens to be sitting here in that third year will, um, I think, look more thoroughly at, uh, the funds that are there. And, uh, you know, w- it will be a harder decision and I think it will be a, a more well thought out decision, uh, if we don't have the CPI built into it. So I would be inclined to go along with that. Now, I'm a little bit puzzled about the other part of it, in, in terms of the, uh, you know, every two years versus what we had already talked about doing every, on the third year and then every five years. So that, that does get to be a little bit confusing. I would -- I would welcome a friendly amendment to amend it to do that. And if you remember on Tuesday, one of the things that I said was I wanted to support your motion to put this into committee so that we could fully vet these things. Other people said, "No, let's just vote things up and down that night," and that's why we're here the way we are today. But, so if you want to change that, I think maybe that might help Councilman Stennet vote for it too, if we change that to, um, reflect what we've already done in the ordinance. So if you wanna make that motion, I'd be happy to accept that. Um, I'm -- I'm trying to think how we would restructure that. Um... I -- I think, if I understood your comments correctly, Councilmember Feigl, you were thinking we oughta review it every third year. Is that accurate? Well, the first -- I think the first audit was gonna be at three years- Right. ... if I'm not mistaken. Right. And then after that, it would be every five years, correct? Correct? Okay. That's what the, uh, the current ordinance says. Well, how about- You're suggesting that it be every two years. And -- and my thinking on that was with an audit being spread out every five years, then that means five years before you take a look -- take a look at an increase, where if you came, um, back every two years, then if there was a need, then they could present that need, and like you say, be more thoughtful about coming up to that full need rather than just what the CPI does, when it really doesn't address what the real need would be, because it doesn't take in -- into account, uh, construction cost. The only reason that I -- I think I might be a little bit more reluctant to do every two years is because I wouldn't want this to just become, um, uh, you know, just routine, where it would not be as thoughtfully considered. So I -- I -- I probably would be more inclined to go with, um, if three years, if they're looking for consistency, you know, that, that, you know, three years would make it consistent, but I don't have a problem with five. So I -- I really don't have an amendment, I guess. All right. Then the motion on the floor is as proposed by Councilmember Meyers, at least for the moment. Further discussion? Councilmember Lawless. Thank you. Um, first of all, um, Councilmember Meyers, I really do appreciate and I understand your intent, but for the reasons expressed around here, um, I too am reluctant to put something else on that board, and we do have the transparency with the audit in three years. And I'd also like to clarify that when you said there was 35 million in the sanitary sewer fee- It's not sanitary sewer. Uh, right. It's not sanitary sewer. R- right. You -- I think you misspoke. You're s- I mean, you -- I think you said one thing, and I just want everybody out there to know, we don't have $35 million sitting around doing nothing while we're not fixing the sanitary sewers. Thank you. I see now that our screens are working again, so Councilmember Lane. Uh, thank you. Uh, you know, my thought, uh, and I appreciate you bringing this too, because I believe in fiscal responsibility, but, um, my thought process is 36 months out is not very much time. The scope of this project is very large. You have to do a great deal of analysis and investigation to do plans and then do remediation and do construction. I don't think we'll be that far down the pike, uh, in 36 months, relative to the total scope of the work to be done. So I think it'll be very difficult to really evaluate what our financial needs would be. So I think you need to look at -- I mean, I'm -- I'm for looking at it end of, uh, two or three years, but I don't think we can just automatically terminate any increases in the fees. And then I -- the second, uh, point I wanted to make, and I -- and I appreciate if, uh, Councilmember Gordon would reconfirm this, but I was under the impression that you could change the fee at any time with the, uh, oversight, uh, board's, uh, v- voter and approval. I guess they have to bring it to council for final approval. The -- the council will have the ability to lower the CPI at any time, to change the fee at any time. It's like any ordinance we have in place. We can change it whenever we feel that we need to. Thank you, uh, Mrs. Gordon. Thank- thank you. Councilmember Beard. Um, th- thank you, Mayor. Um, you know, we're -- we're trying to rightsize this, and I don't know whether there's any perfect, um, uh, w- way to do that. I would agree with, uh, Councilmember Lane that, uh, the three years, maybe the last year of the three years would be more representative of the first couple of years is gonna be, uh, um, getting our act together, and, uh, the third year might be more representative of what, uh, uh, monies we do need. Um, I really have a problem with the, uh, the ongoing five-year audits. If it makes sense to do three years initially, I think it makes sense to do three years f- uh, for audits all the time, ad infinitum. Um, and, uh, you know, the stormwater, uh, uh, committee folks can, uh, maybe comment on that, but, uh, it -- it is something to give thought to, and, uh, that -- that would give us a opportunity to, uh, uh, and we've got time, of course, to change the th- the five to three. Uh, it doesn't have to hap- have to happen tonight, but, uh, at the same time, I'd be interested in seeing what the reaction to that might be. Thank you, Mayor. Thank you. Councilmember Meyers. Thank you, Mayor. Um, what I'd like to do now is just amend my original motion to strike the second part, which is, uh, D. That's where the heartburn seems to be about the difference in audit years and review years by the committee. So that, uh, if we just strike that and, and my second, if they could follow me on that, then really what we're doing today is, um, basically removing the automatic nature of the increase. And then however the audits are set up, if they're three years, five years, whatever going forward, that's the opportune time. Or on an off year of an audit, if, you know, the administration or those that are in, in charge are looking at this fee and the fund and what they need to do with it, would come back and say, "We need to increase the fee today or this year for these reasons," then we're free to do that. So really all I wanna do, this is what I was really trying to do originally, but I was trying to help out those who thought we had to have some type of increase automatic. So I'll go ahead and strike section D so that at the end of the day all we're doing is just removing the automatic nature of the CPI index increase. The motion is to amend the earlier motion by deleting everything from and by adding subsection 16-403(2)). All right. Right. And I heard a second from Council Member, um, James, who I think seconded the motion originally. So if there's no objection, we'll treat that as a friendly amendment and now deal with the motion that's on the table. Any further debate? Council Member James. Thanks, Mayor. I just wanted to, um, to say that I do support Council Member Myers' motion. And, um, it's quite interesting because some of the folks, um, that are speaking today, um, I've learned from. You know, I brought a proposal forward, it's probably, it's been a few months, um, related to, um, it was affordable housing and, um, relocation funds, um, for folks. Um, and I was told there's no reason to obligate council to do anything year after year, that we can budget every year. Uh, my colleague right beside me was one of the main people, um, saying that. And, and so it's quite interesting today, um, that it's okay that we can vote something down, um, at any point. But that argument back then was, no, we only need to budget annually, um, for each thing. So I, I just think, you know, we need consistency as well as transparency. Um, so thank you, Mayor. Any further discussion? Council Member Mc- Just a point of clarification, Council Member Meyers. If you don't mind just restating your motion. Basically, I, I, I think what you're saying is you're trying to get it to line up with the timeframe that's in the ordinance that, that... Is that how... Just rephrase your motion. Let's start there. How's that? Okay. Is that- Yeah. Okay. Mayor, thank you. Um, I move to amend item two on the docket under ordinances second reading as follows, by adding the following words to the end of 16-403(2)(c)): This section shall be t- this section shall terminate on June 30, 2004 unless amended or extended by action of the Urban County Council. So moved. 2014, right? I'm sorry. That's, that's what it says. I don't know what I said. I think you said 2004, but 2014. All right. That, that's the one that's on, on the floor right now. I don't have anyone else indicating a desire to speak. Are we ready to vote? All right, those in favor of Council Member Meyers' resolution, please indicate by voting aye electronically. If we can get it. Those opposed, vote nay electronically. Motion fails by a vote of nine to six. Any further matters with regard to item number two that we should address now? Seeing none, Madam Clerk, if you'll please proceed. Number two, an ordinance creating Article 14 of Chapter 16 of the Code of Ordinances to establish a system of water quality management fees, defining terms relating to the water quality management fees, imposing a water quality management fee on every parcel of land in Fayette County, except undeveloped parcels, railroad tracks, state and federal roads, urban county government streets and roads, and private streets used exclusively for access to single family residential properties, providing that class A properties, single family and farm properties shall pay $4.32 per month for each parcel, and that the charge for class B properties, all other parcels shall be based on the amount of impervious surface expressed in equivalent residential units, ERUs, determined to be 2,500 square feet of impervious surface multiplied by $4.32 per month. But in no event shall any parcel pay less than $4.32 per month, providing that water quality management fees shall be adjusted annually each fiscal year beginning July 1, 2011, in accordance with the consumer price index for all urban consumers, providing for monthly billing and providing that the owner, tenant, or person responsible for payment of water service and or sew- sewer service charges is also responsible for payment of the water quality management fees, providing for allocation of fees among multiple occupants for shopping centers, apartments, condominiums, et cetera, with the owner remaining fully responsible for payment of all water quality management fees, providing for collection of fees, including establishing a penalty of 10% and interest of 1% per calendar month on bills remaining unpaid for more than 30 days, and authorizing and directing the Department of Law to institute legal proceeding for collection of fees, establishing a 30% discount program for qualifying senior citizens and disabled citizens, to establish a grant program providing for qualifying customers to receive a 50% adjustment to their bill for water quality management fees, providing that all monies collected through water quality management fees shall be separately identified and accounted for, and all expenses relating to the Urban County Government Stormwater Program shall be separately identified and administered, providing an appeal process for persons who consider that fees applied are inaccurate- Establishing a water quality fees board to review denials of request for adjustment of sanitary sewer user fees and decisions on applications for adjustment to water quality management fees, providing that the board shall be composed of five citizens appointed by the mayor and an ex officio member from the Department of Law and providing that no two citizen members may reside in the same council district, providing that a formal review and audit of the water quality management fees shall be performed on or before January 31, 2015. And every five years thereafter and providing that at least one public hearing shall be held every time the review and audit is performed. Establishing a storm water quality projects incentive grant program to provide cost sharing assistance for eligible projects that improve water quality to be funded annually and in an amount not less than 10% of the total revenue generated by the fees, providing that the fees will not be implemented before January 1, 2010, and repealing section 16-63C relating to the sanitary sewer user fee appeals board. Number three, an ordinance authorizing and directing the Mayor on behalf of the Urban County Government to accept a grant from the Kentucky League of Cities which grant funds are in the amount of $922.50 under the 2009 Safety and Liability Grant Program are for the purchase of personal protective safety jackets for traffic technicians, the acceptance of which obligates the Urban County Government for the expenditure of $922.50 as a local match appropriating funds pursuant to schedule number 137 and authorizing the mayor to transfer unencumbered funds within the grant budget. Number four, an ordinance authorizing and directing the mayor on behalf of the Urban County Government to execute and submit a grant application to the Governor's Highway Safety Program in the Kentucky Transportation Cabinet to provide any additional information requested in connection with this grant application and to accept this grant if the application is approved, which grant funds are in the amount of $65,000 federal funds are for continuation of the traffic safety program for fiscal year 2010, the acceptance of which obligates the Urban County Government for the expenditure of $65,000 as a local match, appropriating funds pursuant to fiscal year 2010 schedule number six, and authorizing the mayor to transfer unencumbered funds within the grant budget. Number five, 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 138. Number six, an ordinance authorizing and directing the mayor on behalf of the Urban County Government to accept a grant from the Kentucky Office of Highway Safety, which grant funds are in the amount of $15,000 federal funds are for participation in the May 2009 Click It or Ticket Safety Belt Enforcement Mobilization Program. The acceptance of which does not obligate the Urban County Government for the expenditure of funds, appropriating funds pursuant to schedule number 139 and authorizing the mayor to transfer unencumbered funds within the grant budget. Number seven, an orth- ordinance authorizing and directing the mayor on behalf of the Urban County Government to execute an amendment to contract with Meta Formers Incorporated for additional services related to the implementation of PeopleSoft at a cost not to exceed $1,343,168 and appropriating funds pursuant to schedule number 140. Number eight, an ordinance amending certain of the budgets of the Lexington-Fayette Urban County Government to reflect current requirements for funds in the amount of $2,800 in the Division of Parks and Recreation from the Council Capital Funds for installation of trees in Martin Luther King Park and appropriating and reappropriating funds schedule number 142. Number nine, an ordinance amending certain of the budgets of the Lexington-Fayette Urban County Government to reflect current requirements for funds in the amount of $10,000 in the Division of Parks and Recreation from the Council Capital Funds for playground equipment and trail construction in Masterson Station Park and appropriating and reappropriating funds schedule number 143. Number ten, an ordinance amending certain of the budgets of the Lexington-Fayette Urban County Government to reflect current requirements for funds in the amount of $975 from neighborhood development funds in the division of Streets, Roads, and Forestry for the purchase and installation of trees in the Bella Woods Park and appropriating and reappropriating funds schedule number 144. Number 11, an ordinance authorizing and directing the mayor on behalf of the Urban County Government to accept a grant from the Kentucky Department of Juvenile Justice, which grant funds are in the amount of $241,845 Commonwealth of Kentucky funds are for operation of the day treatment program for the Division of Youth Services. The acceptance of which does not obligate the Urban County Government for the expenditure of funds appropriating funds pursuant to fiscal year 2010 schedule number seven, and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 12, an ordinance authorizing and directing the mayor on behalf of the Urban County Government to execute and submit a grant application into the Bluegrass Area Development District to provide any additional information requested in connection with this grant application and to accept this grant if the application is approved, which grant funds are in the amount of $84,660 federal funds are for operation of the Senior Citizen Center in fiscal year 2010. The acceptance of which obligates the Urban County Government for the expenditure of $151,910 as a local match, appropriating funds pursuant to fiscal year 2010 schedule number eight and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 13, an ordinance approving and adopting a substantial amendment to the 2008 consolidated plan for use of funds from the Homelessness Prevention and Rapid Re-Housing Program and authorizing and directing the mayor on behalf of the Urban County Government to execute and submit a grant application to the US Department of Housing and Urban Development and to provide any additional information requested in connection with this grant application and to accept this grant if the application is approved, which grant funds are in the amount of $849,668 federal funds are for operation of the Homelessness Prevention and Rapid Re-Housing Program. The acceptance of which does not obligate the Urban County Government for the expenditure of funds appropriating funds pursuant to fiscal year 2010 schedule number nine and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 14, an ordinance amending certain of the budgets of the Lexington-Fayette Urban County Government to reflect current requirements for funds in the amount of $50,000 for the Street Sales Program and appropriating and reappropriating funds schedule number 149. Thank you very much. Um, normally I would ask for a motion to approve all of these resolutions simultaneously. I think it might be appropriate for us to segregate out number two given the amount of debate that it's had. So let me, um, let me ask for a motion to prove, um- Items number one and three through ... Four-- 14. So moved. Second. 'Kay. Um ... I have a -- have a motion and a second. The motion was by Council Member Ellinger, I think. Is that right? I'm sorry. Council Member Martin, and second by Council Member Stennet. Um, any discussion? Then those in favor, please indicate by voting "Aye" electronically. Those opposed, vote "Nay" electronically. And Madam Clerk, please call the role. Mr. Myers. Yes. Mr. Stennet. Yes, ma'am. Mr. Beard. Aye. Mr. Blues. Yes. Ms. Crosby. Yes. Mr. Ellinger. Yes. Ms. Figal. Aye. Ms. Gordon. Aye. Mr. Gray. Yes. Ms. Henson. Yes. Ms. James. Yes. Mr. Lane. Yes. Ms. Lawless. Yes. Mr. Martin. Yes. And Mr. McCord. Yes. Thank you very much. Those resolu-- those ordinances are approved. Floor is now open for a motion to approve item, uh, number two. Move approval. Second. Council Member Gordon's moved adoption of, uh, ordinance number two. Council Member Stennet has seconded that motion. Is there any further discussion? Seeing none, let's proceed to vote. Those in favor, please vote "Aye" electronically. Those opposed, vote "Nay" electronically. Madam Clerk, please call the roll. Mr. Myers. Yes. Mr. Stennet. Yes, ma'am. Mr. Beard. Aye. Mr. Blues. Yes. Ms. Crosby. No. Mr. Ellinger. No. Ms. Figal. Yes. Ms. Gordon. Aye. Mr. Gray. Yes. Ms. Henson. Yes. Ms. James. Yes. Mr. Lane. Yes. Ms. Lawless. Yes. Mr. Martin. Yes. Mr. McCord. Yes. Thank you very much. That ordinance is adopted by a vote of 13 to 2. Coun-- uh, Council Member Beard. Thank you, Mayor. Um, I made a motion on the May 7th at the S-- May 7th meeting to, uh ... Well, let me just read the motion that I made. I-I move that ordinance, uh, number ... At that time, we didn't know what that number was. On the docket concerning budget amendments, Schedule 134 be amended to remove budget journal 32490 in the amount of $7100. Traffic Engineering has -- no longer has sufficient funds to cover this change as proposed. This amendment is not a material change, and the ordinance as amended may be given a second reading. Um, there was a question about this motion, and, um, uh, there was no one, uh, present in the, uh, chambers to be able to explain, uh, wh- why this was happening, so it was tabled. And I would like to move to take that off the table so that we may, uh, vote. There are people here who can speak to this sub- subject, if still desired. Right. Have a motion to take that, uh, ordinance from the table, to give it second reading this evening. Uh, that motion is non-debatable. Those in favor of taking that item from the table, please indicate by saying "Aye." Aye. Opposed, "No." Motion carries. Now, uh, Mr. Beard- A- an- and then I'm, I'm, I'm moved that they said r- mo- motion be, uh, given a second reading. I, I think the, um ... What happened last week was we had the motion to amend that- It wa- it was an a- it was an amendment of an ordinance. It, it was never voted on, so I think if you could make that motion again, and we could make that amendment again, then we'd be ready for the second reading, and, um, can roll forward. Okay. Well, again, I move that, uh, or- or- ordinance number blank, at this point, I guess it's going to be, um, 15 on the docket concerning budget amendments Schedule 134 be amended to remove budget journal 32490 in the amount of $7100. Traffic Engineering no longer has sufficient funds to cover this change as proposed. The amendment is not a material change, and the ordinance as amended may be given a second reading. So moved. Second. Have a motion by Council Member Beard, second by Council Member Myers. Any discussion? Then those in favor of adopting that amendment, please let it be known by saying "Aye." Aye. Opposed, "No." Motion carries. Now we're ready to give that ordinance second reading. Madam Clerk, if, uh, if you could do so. Number 15 for second reading as amended, 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 134. Thank you. Is there a motion to prove that i- item number 15? I move to approve. Is there ... Do I hear a second? Council Member Lawless has moved adoption of, uh, item number 15. Council Member Ellinger second the motion. Any further discussion on that issue? Then those in favor of approving that ordinance, please indicate by voting "Aye" electronically. Tho- those opposed, vote "Nay" electronically. Madam Clerk, please call the roll. Mr. Myers. Yes. Mr. Stennet. Yes, ma'am. Mr. Beard. Aye. Mr. Blues. Yes. Ms. Crosby. Yes. Mr. Ellinger. Yes. Ms. Figal. Yes. Ms. Gordon. Aye. Mr. Gray. Yes. Ms. Henson. Yes. Ms. James. Yes. Mr. Lane. Yes. Ms. Lawless. Yes. Mr. Martin. Yes. And Mr. McCord. Yes. All right. Uh, let's ... Council Member Lawless. Um, I have a- Question for the mayor or our parliamentarian. Um, I plan to make a motion to put back on the table an ordinance that was read and tabled at our last meeting. Um, does that mean it would, like this ordinance, because it was read, it did get a first reading and was tabled? Well, the ordinance in question is the one dealing with the sidewalk- The sidewalks on Tates Creek Road. ... on H Creek Road. I can't re- I can't recall, uh, what the status of that one was, whether it got first reading or not. It has to have a motion to place it on the docket tonight. That's it. You're right. If you want to take it off the table- That was a work session. ... and place it on the docket, it would be a welcome one. You're right. Of course. Okay, thank you. All right, so we'll take that up after the ordinances receiving first reading tonight. Madam Clerk, to give, uh, first reading to the ordinances entitled a first reading. 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 141. 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 $320,000 federal funds under the Congestion Mitigation Air Quality Program are for the fiber optic cable installation project, the acceptance of which obligates the Urban County Government for the expenditure of $80,000 as a local match, appropriating funds pursuant to Schedule Number 145 and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 17, 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 $64,000 federal funds under the Congestion Mitigation Air Quality Program are for the Share the Road campaign, the acceptance of which obligates the Urban County Government for the expenditure of $16,000 as a local match, appropriating funds pursuant to Schedule Number 147 and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 18, an ordinance authorizing and directing the mayor on behalf of the Urban County Government to execute a purchase agreement and any other necessary closing documents with Frankfort Court, LLC, for the purchase of lots three through nine of the property located at 2401 Old Frankfort Pike at a cost not to exceed $1,665,950 and appropriating funds pursuant to Schedule Number 148. Number 19, an ordinance of the Lexington-Fayette Urban County Government authorizing the issuance of its refunding revenue bonds to Lexington School Incorporated Project in a principal amount of not more than $8,445,000 and the loan of the proceeds thereof to the Lexington School Incorporated, the borrower, for the purpose of refunding outstanding revenue bonds issued by the Urban County Government for the benefit of the borrower, authorizing the execution and delivery on behalf of the Urban County Government of a loan agreement among the Urban County Government, the borrower, and the bond holder, providing for loan payments from the borrower sufficient to pay the principal of and interest on the bonds as they become due and a bond purchase agreement providing for the private sale of the bonds on a negotiated basis and taking other related action. Number 20, an ordinance of the Lexington-Fayette Urban County Government authorizing the issuance of its refunding revenue bond series 2009B Transylvania University Project in the maximum aggregate principal amount of $10,700,000 and the loan of the proceeds thereof to Transylvania University for the purpose of refunding outstanding revenue bonds issued by the Urban County Government for the benefit of the university; two, a loan agreement between the Urban County Government as lender and Transylvania University as borrower providing for loan repayments sufficient to pay the principal of and interest on the refunding bonds as the same become due; three, a bond purchase agreement providing for the sale of the refunding bonds on a negotiated basis; and four, an official statement relating to the refunding bonds and taking other related action. Number 21, an ordinance amending sections 21-14B and 22-6A4 of the Code of Ordinances to provide that a pre-employment physical shall only be required for employees being appointed to positions which require a pre-employment physical as determined by the Director of Human Resources. Number 22, an ordinance amending Section 22-5 of the Code of Ordinances creating one position of client assessment counselor, grade 112E in the Division of Adult and Tenant Services. Thank you, that concludes the reading of the ordinances entitled to first reading. Uh, Council Member Wallace, I think you have a motion. Thank you very much. Um, I would, uh, this is concerning the sidewalks on Tates Creek Road, and, um, I feel like this is a huge opportunity for our community, and I'd like for it to have the opportunity to be debated in the light of day. So I move to remove from the table the ordinance authorizing the acceptance of an award from the Kentucky Transportation Cabinet for the Tates Creek Road Sidewalk Improvements Project and place the same on the May 14th docket for a first reading. Second. Have a motion by Council Member Wallace and a second by Council Member McCord. Uh, motion is to take from the table. It's non-debatable. So those in favor, please indicate by voting aye electronically. Those opposed vote nay electronically. I don't- Madam Clerk? Mr. Myers? No. Sorry. Uh, we don't, uh, we don't have to have a roll call on this one. The motion to take from the table carries by a vote of nine, nine to six, I think. Yes. So, uh, Madam Clerk, would you give first reading to, uh, that ordinance? 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 $811,360 federal funds under the Congestion Mitigation Air Quality Program are for the Tates Creek Road Sidewalk and Transit Improvements Project, the acceptance of which obligates the Urban County Government for the expenditure of $202,840 as a local match, appropriating funds pursuant to Schedule Number 146 and authorizing the mayor to transfer unencumbered funds within the grant budget. Thank you. Are there any motions with regard to those ordinances? Seeing none, we'll proceed. Uh, Madam Clerk, would you give second reading to the resolutions entitled a second reading? Number one- Pardon me. Pardon, pardon me just a moment. Council Member Myers. I'm sorry. I was not paying attention. Was that the opportunity to give second, suspend the rules and give second reading? Yes, on the ordinances. Okay. I want to suspend the rules and give second reading to number 19 and number 20. The motion is to suspend the rules for purposes of giving second reading to items 19 and 20. Is there a second? Do I hear a second? Second. Second. Council Member James has seconded the motion. Any discussion? If- Mayor. Council Member James. I just wondered if Council Member Myers would explain a little bit about the reason for the second. Yes. Um, one of these ordinances, um, the project here, both of these are refinances, and these are, these goes back to the, go back to the, um, industrial revenue bonds that we're not on the hook for, we're not liable for non-payment if that were to happen. But one of these in particular will save the entity $6,000 a week in refinancing. And so we've passed these before. There's no impact, no negative impact to our government for not passing it, so there's no reason why it's not gonna go through. If we wait another two or three weeks, it's another 12, $18,000 down the drain. So, and then my thinking was if we're gonna do one, we might as well do both of them, because it's, it's the same circumstance. One has more financial impact than the other does. All right. Yeah. Um, Council Member Martin. Mayor, I'm gonna recuse from the vote on item 20. Uh, I represent Transylva- you know, Transylvania University in the past. That's fair. Well, any, uh, further discussion? Then those in favor of Council Member Myers's, um, motion to suspend the rules for purposes of giving second reading to Ordinances Number 19 and 20, please indicate by voting aye. Aye. Just, just vote- Aye. Orally, orally, aye. Those opposed vote nay. The motion carries. All right. Thank you, Mayor. Now, Madam Clerk, if you'll give a second reading to those ordinances. Number 19. An ordinance of the Lexington-Fayette Urban County Government authorizing the issuance of its refunding revenue bonds, the Lexington School Incorporated Project, in a principal amount of not more than $8,445,000 and the loan of the proceeds thereof to the Lexington School Incorporated, the borrower, for the purpose of refunding outstanding revenue bonds issued by the Urban County Government for the benefit of the borrower; authorizing the execution and delivery on behalf of the Urban County Government of a loan agreement among the Urban County Government, the borrower, and the bond holder, providing for loan payments from the borrower sufficient to pay the principal of and interest on the bonds as they become due, and a bond purchase agreement providing for the private sale of the bonds on a negotiated basis and taking other related action. Number 20. An ordinance of the Lexington-Fayette Urban County Government authorizing the issuance of its refunding revenue bond Series 2009B Transylvania University Project in the maximum aggregate per- principal amount of $10,700,000 and the loan of the proceeds thereof to Transylvania University for the purpose of refunding outstanding revenue bonds issued by the Urban County Government for the benefit of the university; two, a loan agreement between the Urban County Government as lender and Transylvania University as borrower, providing for loan repayments sufficient to pay the principal of and interest on the refunding bonds as the same become due; three, a bond purchase agreement providing for the sale of the refunding bonds on a negotiated basis; and four, an official statement relating to the refunding bonds and taking other related action. Is there a motion to prove, uh, Ordinances 19 and 20? So moved. So moved. Councilme- Council Member Myers has moved the adoption of items 19 and 20. Council Member Martin has seconded. Uh, wait a minute. Council Member McCord has, uh, seconded that motion. And Council Member Martins recusal on number 20- Thank you, Mayor. ... is, is duly noted. Any, uh, further discussion? Now we're ready to vote electronically, Madam Clerk. Yeah. So council members, those in favor, please vote electronically aye. Those opposed, vote electronically no. And, uh, Madam Clerk, please call the roll. Mr. Myers. Yes. Mr. Stennett. Yes. Mr. Beard. Aye. Mr. Blues. Yes. Ms. Crosby. Yes. Mr. Ellinger. Yes. Ms. Feigel. Ms. Gordon. Mr. Gray. Yes. Ms. Hanson. Yes. Ms. James. Mr. Lane. Yes. Ms. Lawless. Yes. Mr. Martin. Yes. Mr. McCord. Yes. Thank you. Those ordinances are adopted. Madam Clerk, would you give, uh, second reading to the resolutions entitled a second reading. Number one. A resolution accepting the bid of Galls establishing a price contract for soft body armor for the Division of Police. Number two. A resolution accepting the bid of Tactical Medical Solutions establishing a price contract for gunshot trauma kits for the Divisions of Community Development and Police. Number three. A resolution accepting the bid of Independent Concrete Pipe Company Incorporated in the amount of $319,000 for Vaughn's Branch Flood Hazard Mitigation Project, materials only, for the Divisions of Community Development and Water Quality. Number four. A resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a memorandum of agreement with Blackburn Correctional Complex for the d- provision of emergency response assistance to Blackburn Correctional Complex at no cost to the Urban County Government. Number five. A resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an agreement with Prevostar Incorporated for software application services at a cost not to exceed $2,500. Number six, uh, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a professional services agreement with Susan Knoll 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- forensic examination, $50 per case for professional testimony in court, and the reasonable cost of medical liability insurance. Number seven, a resolution changing the street name and property address number of 459 and 457 Beltline Avenue to 600 and 602 West Fifth Street, of 5886, 55840, and 5888 Jacks Creek Pike to 3785 thr- 3885 and 3990 Raven Run Way, of 3229 Ironworks Pike to 3401 Sports Horse Lane and 3677 Newtown Pike to 3232 Spy Coast Lane, changing the property address numbers of 447 Campbell Street to 449 Campbell Street, of 743 through 745 Charles Avenue to 745 Charles Avenue, of 372 Glen Arvin Avenue to 370 Glen Arvin Avenue, of 1588 Hillview Place to 1586 Hillview Place, of 214 through 230 Jefferson Street to 218 Jefferson Street, of 1800 Mason Headley Road to 975 Mason Headley Road, of 505 through 507 Newtown Pike to 505 Newtown Pike, of 712 to 714 West Third Street to 714 West Third Street, of 540 Toner Street to 539 Toner Street, of 130 West Vine Street to 108 West Vine Street, and of 134 through 166 West Vine Street to 110 West Vine Street, and changing the street name of 209 Todds Road Units 10101, 10102, 10103, 10104, 10105, 10106, 10107, 11101, 11102, 3103, 4102, 7106, 8101, 8102, 8103, 8104, 8105, 9101, 9102, 9103, 9104, 9105, 9106, 9107, and 9108 to 209 Old Todds Road, Units 10101, 10102, 10103, 10104, 10105, 10106, 10107, 11101, 11102, 3103, 4102, 7106, 8101, 8102, 8103, 8104, 8105, 9101, 9102, 9103, 9104, 9105, 9106, 9107, and 9108, all effective 30 days from passage. Number eight, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an amendment to agreement with the Fayette County Commonwealth Attorney's Office for reduction of the funding for a fast track prosecutor for the Street Sales Drug Enforcement Project from $49,331 to $31,331. Number nine, a resolution acknowledging the work of the Destination 2040 project participants in expressing the Urban County Council Support and Adoption of the Value Statements derived from the work of Destination 2040 Visioning Process. Number 10, a resolution ratifying the probationary civil service appointments of James Bush, Environmental Program Manager, grade 117E, 2208.72 biweekly in the Division of Environmental Policy, effective May 18th, 2009, Robert Smith, Maintenance Supervisor, grade 115E, 2381.84 biweekly in the Division of Water Quality, effective April 27th, 2009, ratifying the leave of absence of Lori Rowland Suzanka, Telecommunicator, grade 111N, request 37-day council approved leave without pay from April 18, 2009 to May 24, 2009 in the Division of Emergency Management 911, approving the unclassified civil service appointments of Elizabeth McKenney, Probation Officer, grade 110N, 17.195 hourly in the Division of Community Corrections, effective April 27, 2009, Charles Morton, Public Service Worker, grade 106N, 12.182 hourly in the Division of Waste Management, effective April 28, 2009. Number 11, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to ch- execute change order number one to the contract with GRW Engineers Incorporated for the investigation and design of the expansion area 2A pumping station and force main, increasing the contract price by the sum of $45,000, from $380,000 to $425,000. Number 12, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an agreement for services with Wallace, Roberts, and Todd, LLC, for the Complete Streets Manual Project at a cost not to exceed $150,000. Number 13, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute change order number one to the contract with Kentucky Utilities Company for town branch treatment plant redundant power, increasing the contract price by the sum of $60,356.61 from $275,160 to $335,516.61. Number 14, a resolution authorizing and directing the Division of Traffic Engineering pursuant to Code of Ordinances Section 18-86 to install multi-way stop controls at Beaumont Center Lane and Roswell Drive, Malone Drive. Number 15, a resolution authorizing and directing the Division of Traffic Engineering pursuant to Code of Ordinances Section 18-86 to install multi-way stop controls at Providence Lane and Colony Boulevard. Number 16, a resolution pursuant to Code of Ordinances Section 18-66 designating the speed limit on Kiddville Lane as 35 miles per hour and authorizing and directing the Division of Traffic Engineering to install proper and appropriate signs in accordance with the designation. Number 17, a resolution authorizing and approving the transfer by the Lexington Center Corporation of property- a portion of property along Cocke Street to the Commonwealth of Kentucky and declaring a surplus property and authorizing and directing the Mayor on behalf of the Urban County Government to execute a deed and certificate of consideration transferring the property located at 906 West High Street to the Commonwealth of Kentucky for the Newtown Pike Extension Project. Number 18, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute change order number one to the contract with Herrick Company Incorporated for the Town Branch Wastewater Treatment Plant chlorination equipment replacement, increasing the contract price by the sum of $9,843 from $248,500 to $258,343. A resolution authorizing and directing the mayor on behalf of the Irvin County government to execute change order number two to the contract with Arnold, Duggan, & Myers for the West Hickman Wastewater Treatment Plant Aerated Sludge Holding Tank improvements, increasing the contract price by the sum of $60,829, from $600,462 to $661,291. Thank you, Madam Clerk. Is there a motion to approve those resolutions? So moved. Second. I have a motion by Council Member Ellinger, second by Council Member Crosby. Is there any discussion? Seeing none. We're prepared to vote, electronically. Madam Clerk, if you will, uh, prepare the screen, and Council Members, please vote electronically aye if you're in favor, please vote no electronically if you're opposed. And Madam Clerk, please call the roll. Mr. Myers? Yes. Mr. Stennett? Yes, ma'am. Mr. Beard? Aye. Mr. Bluez? Yes. Ms. Crosby? Yes. Mr. Ellinger? Yes. Ms. Beigel? Aye. Ms. Gordon? Aye. Mr. Gray? Yes. Ms. Henson? Yes. Ms. James? Yes. Mr. Lane? Yes. Ms. Lawless? Yes. Mr. Martin? Yep. Mr. McCord? Yes. Thank you, those r- resolutions are unanimously approved. Madam Clerk, if you'd give, uh, first reading to the resolutions entitled the first reading. Number 20, a resolution accepting the bids of XpedX Saalfeld and Bauman Paper Company establishing price contracts for toilet tissue and paper towels for the Division of Facilities and Fleet Management. Number 21, a resolution accepting the bid of G&J Pepsi-Cola Bottling Incorporated, establishing a price contract for beverage products for the Division of Parks and Recreation. Number 22, a resolution accepting the bid of Clyde Armory Incorporated, establishing a price contract for patrol rifles for the Division of Police. Number 23, a resolution accepting the bid of Express Vending Incorporated, establishing a price contract for vending for the Division of Parks and Recreation. Number 24, a resolution accepting the bids of Hack Company and Alpha Controls, establishing price contracts for sludge blanket level probe, probe controllers, and related hardware for the Division of Water Quality. Number 25, a resolution ratifying the permanent Civil Service Appointments of Brent Claborn, resolu- Recreation Specialist Senior, Grade 113E in the Division of Parks and Recreation, effective May 24, 2009. Meredith Nelson, Deputy Council Clerk, Grade 116E in the Office of the Council Clerk, effective April 28, 2009. Pat Loney, Staff Assistant Senior, Grade 108N in the Division of Revenue, effective May 24, 2009. Number 26, a resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute an agreement with the Board of Education of Fayette County, Kentucky, for preparation and delivery of meals for the 2009 Summer Food Service Program, at a cost not to exceed $2.50 for each lunch, $1.55 for each breakfast, and 67 cents for each snack. Number 27, a resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute a five-year addendum to its Master License Agreement with Computer Sciences Incorporation for the RiskMaster MESA software licenses and related maintenance services, which are used in the handling of claims against the government, effective July 1, 2009, subject to sufficient funds being appropriated in future fiscal years, at a cost not to exceed $19,000, 600- $19,660.20 in Fiscal Year 2010. Number 28, a resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute a Professional Services Agreement with Keri Barnett 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 dol- $230 for each completed forensic examination, $50 per case for professional testimony in court, and the reasonable cost of medical liability insurance. Number 29, a resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute a Professional Services Agreement with Sharon McCart 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 30, a resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute Change Order Number One to the contract with Huffman Const- Construction for additional ice storm cleanup services on golf courses for the Division of Parks and Recreation, increasing the contract price by the sum of $4,205 from $50,000 to $54,205. Number 31, a resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute Change Order Number One to the contract with Stewart Contracting for additional ice storm cleanup services for the Division of Parks and Recreation, increasing the contract price by the sum of $4,200 from $39,390 to $43,590. Number 32, a resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute an agreement with Landsdowne Neighborhood Association Incorporated for the Landsdowne Median Beautification Project Neighborhood Development Bond Funds at a cost not to exceed $4,605. Number 33, a resolution approving the following neighborhood development and/or redevelopment bond issue projects, increased defunded amount of the Art in Motion Project, Green Acres Park, installation of electric line, Glendover Tennis Courts Practice Board, and Dogwood Park picnic shelter and tables. Number 34, a resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute contracts with Martin Luther King Neighborhood Association, $1,800, Northside Neighborhood Association, $1,130, William Welles Brown Neighborhood, $2,500, Gratz Park Neighborhood Association, $1,600, Historic Western Suburb Neighborhood, 1350, Winburn Neighborhood Association, $2,500, Meadow Thorpe Neighborhood, $2,500, McConnell Trace Neighborhood Association, $1,150, Columbia Heights Neighborhood Association, $2,280, Mintel Neighborhood Association, $2,500, Seven Parks Neighborhood Association, $2,500, Aylesford Place Neighborhood Association, $2,475, Landsdowne Neighborhood Association, $1,232, Chevy Chase Neighborhood Association, $2,500, Fairway Neighborhood Association, $600, Shriners Neighborhood Association, $2,383, Hamburg Homeowners Association, $2,500, Eastland Parkway Neighborhood Association, $2,500, U- ... Neighborhood Association, $1,500; Beaumont Residential Association, $2,500; Spicewood Neighborhood Association, $2,500; Port Royal Neighborhood Association, $2,500; Glen Eagles Homeowners Association, $2,500; and Spindle Top Community Association, $2,500 under the Neighborhood and Community Sustainability Grant Program for environmental projects at a cost not to exceed $50,000. Number 35, a resolution authorizing and directing the mayor on behalf of the Urban County government to execute agreements with Lansdowne Neighborhood and S- Association Incorporated, $625; Bluegrass Community Foundation Incorporated, $1,500; Bellawood Neighborhood Association Incorporated, $675; and Sandale Neighborhood Association Incorporated, $725; Manchester Center Incorporated, $400; Greenacres Hollow Creek Breckenridge Neighborhood Association Incorporated, $500; Radcliff Marlborough Neighborhood Association Incorporated, $500; and Spiegel Heights Neighborhood Association Incorporated, $850 for the Office of the Urban County Council at a cost not to exceed the sum stated. Number 36, a resolution authorizing and directing the mayor on behalf of the Urban County government to execute various facility usage agreements with various baseball leagues for league practices and games at no cost to the government. Number 37, a resolution authorizing and directing the mayor on behalf of the Urban County government to execute an equipment rental agreement with Flix Incorporated for rental of video equipment at a cost not to exceed $6,999.33. Number 38, a resolution authorizing and directing the mayor on behalf of the Urban County government to execute change order number one to the contract with Jarbo Construction Incorporated for the Carver Elevator project, increasing the contract price by the sum of $3,335 from $124,999 to $128,325. Number 39, a resolution authorizing and directing the mayor on behalf of the Urban County government to execute change order number one to the contract with Tennis Technology for additional crack seal for the Woodland Park tennis courts, increasing the contract price by the sum of $5,000 from $18,418 to $23,418. Number 40, a resolution authorizing and directing the mayor on behalf of the Urban County government to execute a commercial services agreement with Insight Business for internet service at the William Wells Brown Community Center at a cost not to exceed $350. Number 41, a resolution authorizing and directing the mayor on behalf of the Urban County government to execute a trail design agreement with Carmen for design of the car- Cardinal Run Park North Trail at a cost not to exceed $35,400. Number 42, a resolution authorizing and directing the mayor on behalf of the Urban County government to execute a trail design agreement with M2D Design Group PLLC for design of Jacobson Park Trail at a cost not to exceed $29,100. 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 US Department of Homeland Security and to provide any additional information requested in connection with this grant application, which grant funds are in the amount of $139,200 federal funds and are for the purchase of a computer-simulated full immersion training, LEXFIT, for the Division of Fire and Emergency Services. Number 44- ... a resolution authorizing and directing the mayor on behalf of the Urban County government to execute and submit six grant applications 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 $1,845,127 federal funds and are for the purchase of an AreaRay wireless multi-channel transportable real-time air quality monitoring equipment system, $106,000- ... and training for rescue personnel and purchase of rescue equipment for the Technical Rescue Program, $210,000 for the Division of Fire and Emergency Services, the purchase and installation of mobile data computers for the Division of Police, Transylvania University Police, Kentucky Horse Park Police, Bluegrass Airport Public Safety, and Fayette County School Security, $864,627, and the purchase of equipment for the Hazardous Devices Unit, $151,600, the purchase of a total containment vessel for the transport of hazardous devices and two total containment vessel gas tight upgrade, uh, $340,000, and the Communications Infrastructure Project, $172,900 for the Division of Police. Couple of the buses in there. Number 45- ... a resolution authorizing and directing the mayor on behalf of the Urban County government to execute a release of easement releasing a sanitary sewer easement on property located at 1201 Four Pines Court. Number 46, a resolution authorizing and directing the mayor on behalf of the Urban County government to execute a partial release of easement, releasing a portion of an access and utility easement on property located at 3228 Summit Square Place. Number 47, a resolution authorizing and directing the mayor on behalf of the Urban County government to execute a partial release of easement, releasing a portion of a utility easement on property located at 6400, 6401, and 6409 through 6413 Polo Club Lane. And number 48, a resolution authorizing and directing the mayor on behalf of the Urban County government to execute an agreement- That's not- ... with Northern Cal Ripken Incorporated for the Office of the Urban County Council at a cost not to exceed the sum stated. Thank you very much. Are there any motions with regard to those resolutions, Councilmember, well, James, Lane, and then Blues? Mayor, I actually have a correction on, uh, resolution number 33. Instead of reading, uh, Glendover Tennis Courts Practice Board, it should read, Meadowbrook Park Benches. There was an original one that was changed before it was even read onto the docket. So I don't know if you need to do a, a new first reading or if I can just substitute, um, Glendover Tennis Courts for Meadowbrook Park Benches. Uh, uh- I can substitute it. It need- it needs a new first reading. Okay. All right, let's, let's entertain a motion to amend item number 33 to delete Glendover Tennis Courts Practice Board and insert, if you could give me the language again. Meadowbrook Park Benches. Meadowbrook- ... park benches. Thank you, Mayor. I second that. Uh -- ... Council Member Meyers has seconded that motion. Um, any discussion? Those in favor of adopting Council Member James' motion to amend item number 33, please indicate by saying, "Aye." Aye. Opposed, "No." Motion carries. And Madam Clerk, if you would give it first reading now. Number 33, as amended, a resolution approving the following neighborhood development and/or redevelopment bond issue projects, increase to funded amount of the Art in Motion Project, Green Acres Park, installation of electric line, Meadowbrook park benches, and Dogwood Park picnic shelter and tables. Now I see it, yeah. Thank you. Council Member Lane. Thank you, Mayor. I ask we, uh, suspend the rules for a second reading on number 47. Uh, this is a release of easement that is needed to complete a legal transaction, and the next council meeting is on June 11th, and would further delay the, the transaction's completion. Thank you. Is there here's a second to that motion? Second. Have a second by Council Member McCord. Are there other, uh, similar motions? Council Member McCord. Thank you, Mayor. I ask that we suspend the rules on number 25, uh, for the reason that one of, uh ... In one of these situations, this position has been pending for over a year to get recognized- ... status as permanent. Uh, also, I'm asking for 41 and 42. In these cases, uh, it is moving this forward a, a month, uh, may get us closer to a, um, construction schedule that, uh, may drift into next year. We certainly wanna avoid that. And number 44, which, uh, obligates -- does not obligate us to any matching monies, but allows for this grant to go through, so moved. Thank you. Others? Okay, um, um, let me get back to the board here. Council Member Blues. Thank you, Mayor. I'd like to add number 38, uh, so that we can move the, uh, Carver Center Elevator Project forward. Thank you. Council Member Gordon. Thank you, Mayor. Um, number 26, which this program starts June 8th, before our next council meeting, number 28 and 29, which are the same nurses, which we need to get them on board working. Uh, I'm sorry, you said, uh, Council Member- 26. 26. 26, 20- 28 and 29. Okay. Council Member Stinnet. Thank you, Mayor. I think- Excuse me. ... Council Member James was ahead of me. Uh, uh, you're right. Um, apologetic- Thanks, Mayor. Thanks, Council Member Stinnet. Um, I'd like to suspend the rules for number 32 and 33, both for the same reason. This is that neighborhood development bond fund that's been around since 2005. We've gotta get these projects complete and get that bond completed. Thank you, Mayor. Thank you. Council Member Stinnet, now. Thank you, Mayor. Uh, number 48, so we can complete the project and, uh, final, final payment to the contractors. Thank you. Council Member Wallace. Uh, yes, number 34. These are neighborhood, uh, bond fu- or the sustainability grants, and I think some of them are NDF funds. But a lot of them are garden-type projects and need to kinda get on with it, if that's okay. Thank you. Council Member Meyers. I'd just ... Thank you, Mayor. I'd like to suspend the rules and give second reading to number 43, which is like number 44, allows us to submit that grant, but does not bind us in any way. Thank you. Council Member Martin. Thank you, Mayor. I need to recuse from items 38 and 41. I've represented the principals of these two companies on various small matters in the past. Thank you, Mayor. Thank you. Anything further? Council Member Beard? Um, uh, I was talking for a minute there. I v- I don't know whether anybody else has mentioned, I would like number 34 and 35 to go, uh, for second reading. Is it done? Is 34 done? Or- We've got 34 already, but we'll add 35. Do 35 also, then please. All right. Did I hear someone suggest we read them all? Nope. All right, I didn't hear that formally then, so. All right, uh, I have a motion to suspend the rules for purposes of giving second reading to the following resolutions, number 25, number 26, numbers 28, 29, 32, 33, 34, 35, 38, 41, 42, 43, 44, 47, and 48. I meant to ... 43 was on the list, I think. Should've been anyway. All right. If that list is complete, then those in favor of suspending the rules for purposes of giving second reading to those resolutions, please indicate by saying, "Aye." Aye. Opposed, "No." Motion carries. Madam Clerk. Number 25, a resolution ratifying the permanent civil service appointments of Brent Claybourne, resi- Recreation Specialist Senior, grade 113E in the Division of Parks and Recreation, effective May 24, 2009. Meredith Nelson, Deputy Council Clerk, grade 116E in the Office of the Council Clerk, effective April 28, 2009. Pat Loney, Staff Assistant Senior, grade 108N in the Division of Revenue, effective May 24, 2009. Number 26, a resolution authorizing and directing the mayor on behalf of the Urban County government to execute an agreement with the Board of Education of Fayette County, Kentucky for preparation and delivery of meals for the 2009 Summer Food Service Program at a cost not to exceed $2.50 for each lunch, $1.55 for each breakfast, and $0.67 for each snack. Number 28, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a professional services agreement with Carrie Barnett 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 29, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a professional services agreement with Sharon McCart 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 32, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an agreement with Lansdowne Neighborhood Association Incorporated for the Lansdowne Median Beautification Project, Neighborhood Development Bond Funds at a cost not to exceed $4,605. Just under. Just under. Number 33- Legal service. A resolution approving the following neighborhood development and/or redevelopment bond issue- I'll second that. ... projects, increase to funded amount at the Art in Motion Project, Green Acres Park, installation of electric line, Meadowbrook Park benches, and Dogwood Park picnic shelter and tables. On the way, a little boy --- Number 34, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute contracts with Martin Luther King Neighborhood Association, $1,800, Northside Neighborhood Association, $1,130, William Wells Brown Neighborhood, two, $2,500, Gratz Park Neighborhood Association, $1,600, Historic Western Suburb Neighborhood, $1,350, Winburn Neighborhood Association, $2,500, Meadowthorpe Neighborhood, $2,500, McConnell Trace Neighborhood Association, $1,150, Columbia Heights Neighborhood Association, $2,280, Mintail Neighborhood Association, $2,500, Seven Parks Neighborhood Association, $2,500, Aylesford Place Neighborhood Association, $2,475- Second. ... Lansdowne Neighborhood Association, $1,232, Chevy Chase Neighborhood Association, $2,500, Fairway Neighborhood Association, $600, Shriners Neighborhood Association, $2,383, Hambrick Homeowners Association, $2,500, Eastland Parkway Neighborhood Association, $2,500, Picadome Neighborhood Association, w- $1,500, Beaumont Residential Association, $2,500, Spicewood Neighborhood Association, $2,500, Port Royal Neighborhood Association, $2,500, Glen Eagles Homeowners Association, $2,500, and Spindletop Community Association, $2,500, under the Neighborhood and Community Sustainability Grant Program for environmental projects at a cost not to exceed $50,000. Number 35, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute agreements with Lansdowne Neighborhood Association Incorporated, $625, Bluegrass Community Foundation Incorporated, $1,500, Bellewood Neighborhood Association Incorporated, $675, Sandale Neighborhood Association Incorporated, $725, Manchester Center Incorporated, $400, Greenacres Hollow Creek Breckenridge Neighborhood Association Incorporated, $500, Radcliff-Marlboro Neighborhood Association Incorporated, $500, and Spiegel Heights Neighborhood Association Incorporated, $850 for the Office of the Urban County Council at a cost not to exceed the sum stated. Number 38, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute change order number one to the contract with Jarbo Construction Incorporated for the Carver Elevator Project, increasing the contract price by the sum of $3,335 from $124,999 to $128,325. Number 41, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a trail design agreement with Carmen for design of the Cardinal Run Park North Trail at a cost not to exceed $35,400. Number 42, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a trail design agreement with M2D Design Group PLLC for design of the Jacobson Park Trail at a cost not to exceed $29,100. 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 US Department of Homeland Security and to provide any additional information requested in connection with this grant application, which grant funds are in the amount of $139,200 federal funds and are for the purchase of a computer-simulated full-immersion training LexFit for the Division of Fire and Emergency Services. Number 44, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute and submit six grant applications 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 $1,845,127 federal funds and are for the purchase of an Area Ray Wireless Multi-Channel Transportable Real-Time Air Quality Monitoring Equipment System, $106,000, and training for rescue personnel and purchase of rescue equipment for the Technical Rescue Program, $210,000 for the Division of Fire and Emergency Services, the purchase and installation of mobile data computers for the Division of Police, Transylvania University Police, Kentucky Horse Park Police, Bluegrass Airport Public Safety, and Fayette County School Security at $164,627, and the purchase of equipment for the Hazardous Devices Unit, $151,600, the purchase of a total containment vessel for the transport of hazardous devices and two total containment vessel gas type upgrade, $340,000, and the Communications Infrastructure Project, $172,900 for the Division of Police. Number 47, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a partial release of easement, releasing a portion of a utility easement on property located at 6400, 6401, and 6409 through 6413 Polo Club Lane. Number 48, a resolution authorizing and directing the mayor on behalf of the Urban County government to execute an agreement with Northern Cal Ripken Incorporated, $4,360 for the Office of the Urban County Council at a cost not to exceed the sum stated. Thank- thank you, Madam Clerk. Is there a motion to adopt those resolutions? So moved. Second. Council Member McCord has moved the adoption of those resolutions. Can -- Council Member Myers has seconded that motion. Any discussion? Council Member Martin? Mayor, again, I need to recuse from items 38 and 41 due to prior representation. Thank you, Mayor. Duly noted. There's nothing further. We'll proceed to vote electronically. All those, um, in favor, please indicate by voting aye electronically. Those opposed, vote nay electronically. Madam Clerk, please call the roll. Mr. Myers. Yes. Mr. Stennett. Yes with all. Mr. Beard. Aye. Mr. Blues. Yes. Ms. Crosby. Yes. Mr. Ellinger. Yes. Miss Feigel. Yes. Miss Gordon. Aye. Mr. Gray. Yes. Miss Henson. Yes. Miss James. Yes. Mr. Lane. Yes. Miss Lawless. Yes. Mr. Martin, with recusals. Yes. Mr. McCord. Thank you, those resolutions are unanimously approved. And that takes us down to item 10 on the agenda, communications, which are for information purposes only. Item 11 are announcements. Let me, uh, share with you a little feedback from the Police Officers and Firefighters Pension Fund meeting yesterday. Several members of that board expressed their gratitude to the council, uh, for your assistance in, uh, arranging for 70, slightly in excess of $70 million to be deposited to the pension fund's, uh, account on Monday of this week. Um, at the same time, we settled the previously pending litigation with certain, uh, beneficiaries of the pension. So that litigation is now resolved, and the Police Officers and Firefighters Pension Fund is now, uh, dealing with a substantially smaller unfunded liability. And so, uh, I wanted to relay the gratitude of the members of the board and my personal gratitude for your help in dealing with that. When you factor in that event occurring this week, um, and, and the action tonight, coupled with the, um, approval of the Eastern State financing not too long ago and the F- Family Care Center restructuring with UK, uh, all within the last month, you would be hard-pressed to find another council that's accomplished as much in the last month as this one has, in, in any, in any 30-day period as this one has. And you deserve a lot of credit for what you have achieved, and I'm, I'm very grateful for that. Also, I'd, I'd say to Vice Mayor Gray and Council Members, uh, Lawless and Blues, thanks for coming out Tuesday night for the historic preservation, um, discussion. And hopefully we'll make a little movement on that front. But it, it's been a busy but productive week, and I appreciate all that you all have done. Anything else in the announcement category? Public comments? Mr. Dalton, if you'll, uh, step to the podium and give us your name, you'll have three minutes . Robert Dalton, 520 Douglas Avenue. Uh, thank you, Mayor, Council Members. I know most of you. There's a few new faces. I'm here on a business, uh, or professional matter. As the local Veterans Employment Representative for the Office of Employment and Training in Richmond and Winchester, I'm working in conjunction with the Lexington Central Kentucky Job Center, the veterans representative there, Mr. Tom Harding. And we're going to be conducting a regional v- veterans career fair, which will be next Friday, May 22nd, from 11:00 to 3:00 at the Madison County Fairgrounds in Richmond, which is on Highway 52 between Richmond and Irving. Uh, Mr. Harding and I have been working very hard. We have some very impressive employers that are going to be participating, including the Blue Grass Army Depot, Bechtel Parsons, and just today I talked with the Federal Bureau of Prisons, who are, have an interest in being there. Uh, this is also not just employers, but also an opportunity for the veterans who may want to expand, you know, learn more things, uh, use this, uh, economic time to expand their education. So we've also included Konstek- Kentucky State University, National College, Sullivan University, and perhaps Eastern Kentucky University. And if any of the veterans out there may have a need to speak with the Kentucky Department of Veterans Affairs, they will also be in attendance. We're especially interested in this career fair because we're in, doing it in conjunction with the Kentucky Veterans Celebration, which will be going on also on that Friday and Saturday. We will be starting our job fair at, uh, at, or ending it at 3:00. And then the celebration will be starting at 3:00 and be continuing on, on Saturday. Friday we're going to be having an Elvis impersonator, so come out and see our own Elvis. We're going to be have honoring the veterans. Uh, we're going to be mainly focusing on the Iraq and Afghanistan soldiers who've, uh, sacrificed so much in these past six, seven years. I also think it's important thing to remember the families who have sacrificed because we've got the National Guard and, uh, uh, the part timers who have been called up active duty and their families have been worried and concerned about them, not sure if they're going to be coming back even though they've only supposed to be spending, you know, one weekend a month. They're spending extended time overseas, you know, some perhaps not even coming home. So we need to remember them and the sacrifices they've made. We'll be continuing Saturday with a fireworks display. We'll be having a car show on Friday night from 5:00 to 9:00. And also, they are, um, uh, have a lot of, uh, local performers from our region. They'll be showing up, so it'll be a great time for everybody. Uh, on a second note, I'd also like to thank, uh, a couple of special people. Mayor's office, uh, the Chief of Staff, Shay Raybould, and also your Economic Development Director, Anthony Wright, were able to meet with Mr., uh, uh, Harding and myself last week, and be able to provide us some good information. We're very thankful, Mayor, and also for Council Member Hanson for her time last week. Thank you. Thank you. Council Member Feigl, I understand, wishes to, uh, comment as well. My name's Cheryl Feigl, and I live at 301 Colony Boulevard in Lexington, and I come to you tonight as a citizen of the 5th District, and I come with all respect for what you do as a council. I know how hard that work is, and I know how hard it is to get things done when you're trying to do things in the public eye. And I know we hear a lot about transparency and doing things in full view of the public with full disclosure, but tonight, I feel like that we slighted the public. We dealt with an issue that was not on our agenda, and I feel like that whether you were in favor of that issue or not, there should have been an opportunity for the public to address this council and speak their opinions about how they felt about that issue. Because it was not on the agenda, the public did not get that opportunity to speak before it had its first reading. And I'm not really talking about this particular issue as much as I'm talking about the process. It could've been a rezoning or it could've been a sidewalk. Nonetheless, I believe that it's very important that we be cognizant of the public's right to come and address issues that are of concern to them, and I think, um, I would really hate to see this be a precedent for future, uh, issues to be dealt with. I mean, if we took a lesson from this particular issue tonight, we could say, "Well, anytime there's a controversial issue and we have a group of citizens who are very opposed or very adamant about what they want the council to do, all we need to do is table it at work session and they'll stand down, and then we can deal with it at the next council meeting without them being present." And I don't mean to be condescending, but this is something that is, is troubling to me, that we can deal with issues that not, that are not on our agenda and slight the public their opportunity to come and speak to this council on the issue. And I, and I say this with respect, and I hope that I have your mutual respect for my feelings on this issue. Thank you very much. Thank you. Is there anyone else who wishes to address the council this evening? Seeing none, I'll entertain a motion to adjourn. So moved. Second. I have a motion by Council Member Stennet and second by Council Member Crosby. All in favor of adjourning, indicate by saying aye. Aye. Oppose, no. The motion carries. Thank you.