# Urban County Council Meeting - July 7, 2009 > Auto-transcribed civic record · Council · July 7, 2009 - **Permalink**: https://meetings.lexingtonky.news/meeting/972 - **Source video**: https://lfucg.granicus.com/player/clip/972?view_id=14&redirect=true - **Date**: 2009-07-07 - **Body**: Council - **Last revised**: June 18, 2026 - **Length**: 15,702 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 July 7, 2009, at 6:00 PM in Lexington, Kentucky, with Mayor Jim Newberry presiding. The meeting addressed two agenda items, both of which were approved: an ordinance creating Article IV, Sections 7-39 through 7-43, and the Lexington Streetscape Phase I Improvements. A total of 2 votes were taken during the session. No public comments were heard, and no presentations were recorded for this meeting. ## Attendance The following members were present at the July 7, 2009 Council meeting: - Jim Newberry - Ellinger - Feigel - Gorton - Gray - James - Lane - Lawless - Martin - Stinnett - Beard - Blues - Crosbie The following members were absent: - Henson - McChord - Myers No members were recorded as late. ## Votes and Decisions Two formal votes were taken during the July 7, 2009 Council meeting. - **Amendment to Delete Bargaining Unit Employee References** [timestamp: 0:04:57]: A motion was made by Martin and seconded by Ellinger to amend an ordinance to delete all references to bargaining unit employees. The motion passed unanimously, 12–0. All members voted in favor: Ellinger, Feigel, Gorton, Gray, James, Lane, Lawless, Martin, Stinnett, Beard, Blues, and Crosbie. No members voted against, and there were no abstentions. - **Ordinance for Lexington Streetscape Phase I Improvements** [timestamp: 1:06:05]: A motion was made by Lane and seconded by Feigel to approve an ordinance for the Lexington Streetscape Phase I Improvements. The motion passed on a roll call vote of 11–1. Voting in favor were Ellinger, Feigel, Gorton, James, Lane, Lawless, Martin, Stinnett, Beard, Blues, and Crosbie. Gray cast the sole vote against the ordinance. There were no abstentions. ## Budget and Financial Actions The Council addressed two financial items during the July 7, 2009 meeting, covering a major infrastructure contract and a federal grant award. - **Lexington Streetscape Phase I Improvements – South Limestone St.:** The Council considered a contract valued at **$13,146,557.19** with **L-M Asphalt Partners, LTD d/b/a ATS Construction** for the Lexington Streetscape Phase I Improvements along South Limestone Street. This represents a significant capital expenditure for streetscape infrastructure in the South Limestone corridor. - **Project Safe Neighborhoods Program:** The Council took action on a **$86,168.00** grant from the **U.S. Attorney's Office for the Eastern District of Kentucky** in connection with the Project Safe Neighborhoods Program. This federally administered program provides funding to support public safety initiatives at the local level. No resolution numbers were available in the source materials for either item. Transcript timestamps were not provided for these agenda items. ## Appointments The Council took action on two personnel appointments during the July 7, 2009 meeting. - **Dan Dettman** was appointed to the role of **Environmental Compliance Coordinator**. - **Gregory Sheffer** was appointed to the role of **Public Service Worker**. Both individuals were formally appointed by the Council as part of the meeting's official business. ## Contested Items - **Lexington Streetscape Phase I Improvements**: This item drew opposition during the meeting, with concerns raised over process, priority, and price. The debate centered on whether the project was being handled appropriately in terms of how it was being advanced, whether it represented the right use of resources at that time, and whether the cost was justified. The item ultimately passed but not without dissent — Council Member Gray voted against it, making it a split vote rather than a unanimous decision. [timestamp: not available] ## Ordinance creating Article IV, Sections 7-39 through 7-43 [timestamp: 02:12] The Council took up an ordinance creating Article IV, Sections 7-39 through 7-43 of the municipal code. The ordinance establishes an abandoned urban property classification for ad valorem taxation purposes. No key speakers were recorded in connection with this agenda item. The ordinance was approved by the Council. ## Lexington Streetscape Phase I Improvements [timestamp: 1:06:05] The Council took up Agenda Item 14, an ordinance to approve the bid for streetscape improvements on South Limestone Street as part of the Lexington Streetscape Phase I Improvements project. Key speakers during the discussion included Lawless, Webb, Beard, and Gray. The item was presented as a bid approval for the streetscape work, though the structured record does not detail the specific bid amount, contractor, or the particular scope of improvements beyond their location on South Limestone Street. The ordinance was ultimately **approved** by the Council. *Note: Additional details regarding the specific concerns raised, the nature of the debate, and the precise vote count are not available in the source data for this agenda item.* --- ## Decisions - **Motion** — passed (12-0): Amend ordinance to delete all references to bargaining unit employees - **Motion** — passed (11-1): Approve ordinance for Lexington Streetscape Phase I Improvements --- ## Full transcript Uh, Madam Clerk, if you'll call the role. Mr. Ellinger? Here. Ms. Figal? Here. Ms. Gorton? Here. Mr. Gray? Here. Ms. Henson? I'm here. Ms. James? Here. Mr. Lane? Here. Ms. Lawless? Mr. Martin? Yes. Mr. McCord? Mr. Meyers? Mr. Stennet? Yes, ma'am. Mr. Beard? Present. Mr. Blues? Here. And Ms. Crosby? Here. Thank you. We have a quorum present. We'll call the meeting to order. The first item on the agenda is invocation, and it is, uh, my pleasure to welcome one of our own, Chaplain Gerard Hale from, uh, the Division of Community Corrections. Please rise. Let us bow together in prayer. Great one, creator of the heavens and the earth, one who governs the sun by day and the stars by night, who created humanity, male and female, ever present in the grass that grows and the air we breathe, to you we turn this evening in a spirit of celebration. We celebrate our liberty this evening, not with bursting fireworks or the blast of band instruments, not with, with the fanfare of a 5K successfully run or in colors of red, white, and blue. Rather, we celebrate our liberty with this deliberate... del- deliberating body of council representatives, elected by and serving the people of Fayette County. Bless the dreams that are merging, bless the deliberate action that are necessary in a downturn economy. Bless the lives that benefit or feel the pinch of the decisions. And bless the citizens of this county, as we invest ourselves not only in individual liberty, but also in community building. To you, holy one, we give ourselves, one with humanity and one with you. Amen. Thank you, Chaplain Hale. Madam Clerk, if you would give, uh, second reading to the ordinances entitled a second reading. Ordinance number one, an ordinance creating article 4 sections 7-39 through 7-43 of the Code of Ordinances Lexington-Fayette Urban County Government to establish an abandoned urban property classification for the purpose of ad valorem taxation, which rate is to be set by the urban county government at a rate which does not exceed the maximum rate allowable by law and which is based upon each $100 of the January 1 assessment value of the property, and providing for a determination by the Vacant Property Review Commission of each such property with a list to be provided to the Division of Revenue and the Office of the Fayette County Property Valuation Administrator by January 1 of each year, the removal of properties from the list upon a showing that the property no longer meets the criteria, an annual notice of determination mailed to owners or other interested parties, an appeal within 30 days of... and the Vacant Property Review Commission to establish policies and procedures and amending section 12-82 of the Code of Ordinances to provide for fulfillment of duties by the Vacant Property R- Review Commission. Number two, an ordinance amending subsections 18C-2 subsection 1 of the Code of Ordinances to the... uh, the Lexington-Fayette Urban County Government to eliminate the registration requirement, amending section 18C-3 of the Code of Ordinances to provide for the maintenance of the insurance as required by law, amending subsection 18C-4 subsection 1 of the Code of Ordinances to add that the ambulance service provider be apparent- appropriately authorized by the Commonwealth of Kentucky to provide service within Fayette County, repealing and deleting from sec- section 18C-8 of the Code of Ordinances pertaining to permit, registration in its entirety, amending section 18C-9 to add Fayette County and the Kentucky Board of Emergency Medical Services or any other state agency tasked with regulating these services, and renumbering the sections of 18- chapters 18C of the Code of Ordinances accordingly, all effective upon date of passage. Number three, an ordinance amending section 21-52 of the Code of Ordinances abolishing one position of administrative officer grade 118E and creating one position of human resources generalist grade 118E, all in the division of human resources. Madam Clerk, if you would, uh, hold on for just a moment. Council Member Martin? Mayor, I have a motion at the rec... administration's request. I move to amend item number four under second reading ordinances to delete all references to bargaining unit employees. Pay increases for bargaining unit employees are covered under their respective collective bargaining agreements. This is not a material change and does not require a new first reading. So moved. Second. We have a motion by Council Member Martin and a second by Council Member Ellinger to, uh, amend item number four as specified. Any discussion? Seeing none. All in favor, please say aye. Aye. Oppose, no. Motion carries. Madam Clerk. Ordinance number 4, as amended, an ordinance amending sections 21-25, 20-22, 22-52, 22-53.2 and 23-28 of the Code of Ordinances providing a 1% structure movement to the salary schedules applicable to classified civil service employees, unclassified civil service employees, including council staff and traffic school cards, and a 1% increase to the maximum of the pay range of program assistant, part-time, providing that all classified and unclassified civil service employees, except seasonal employees in account 332 and Division of Parks and Recreation employees in accounts 333 and 334, who receive a satisfactory score on their performance evaluation, pursuant to sections 21-29D and 22-26(5) of the Code of Ordinances, shall receive a 1% pay increase. Amending Section 23-32D of the Code of Ordinances modifying the existing step structure for the positions of Police Chief, grade 324E, and Fire Chief, grade 324E, increasing the salary by 1% of one position of Friend of the Court, grade 000, within the Office of the Circuit Judges, one position of ABC Administrator Part-time, grade 000, within the Office of Alcoholic Beverage Control, three positions of Law Clerk Part-time, grade 000, within the Department of Law, and three positions of Skilled Trades Worker Part-time, grade 000, within the Division of Community Corrections, all to become effective retroactive to June 22, 2009. Number five. An ordinance relating to stormwater discharges from high-risk industrial and high-risk commercial facilities amending Subsections 16-1F2, 16-1F3, 16-1F9, 16-1F15, and 16-1F16 of the Code of Ordinances to redefine terms, creating Subsections 16-1F16 and Subsections 16-1F18 through 16-1F48 of the Code of Ordinances. Defining Terms. Creating subarticle of Article 10 of Chapter 16 of the Code of Ordinances Sections 16-89 through 16.91 to ensure adequate control of stormwater where high-risk industrial and high-risk commercial facilities are located. Requiring a high-risk industrial facility to submit a copy of its KPDES permit and Stormwater Pollution Prevention Plan to the Division of Water Quality. Requiring other industrial facilities to resubmit a Stormwater Pollution Prevention Plan to the division and specifying requirements thereof, re-requiring submission of monitoring program results to the division and allowing the, uh, urban county government to require monitoring programs as part of the Stormwater Pollution Prevention Plan. Requiring high-risk commercial facilities to develop a Stormwater prevention- Pollution Prevention Plan within 90 days of it noticed by the division, specifying the requirements thereof and authorizing the urban county government to require monitoring programs as part of a Stormwater Pollution Prevention Plan. Authorizing the urban county government develop, to develop general permits for industrial and commercial facilities that are not required to be covered under the KPDES permit. Authorizing the division to require best management practices or stormwater controls for indu- any industrial, commercial, or institutional activity, operation, or facility that may contribute to pollution of stormwater. Creating subarticle D of Article 10 of Chapter 16 of the Code of Ordinances, Section 16-92 through 16-98 relating to illicit connections and illicit discharges, prohibiting illicit discharges to the MS4, with certain exceptions prohibiting l- illicit connections to the MS4, authorizing suspension of access to the MS4 when such action is necessary to s- to stop a discharge which presents or may present imminent and substantial danger to the environment an- or persons or to the MS4. Requiring remedial plans to el- eliminate an illicit connection or illicit discharge requiring persons to maintain watercourses free of pollution, contamination, or unreasonable obstruction, and requiring notification to the division of release of materials which are resulting in or may result in illicit discharges. Madam Clerk, I think the system's back up now. Yes, sir, it is. I'll get- If everyone hits the agenda- ... on board here and we'll go to that. ... the agenda button, it should pop up. Okay, number six. Now let me get on task with switching goals. Okay, ordinance number six. An ordinance relating to solid waste collection, solid waste disposal, sanitary sewers, and stormwater amending Section 16-1C and 16-1G of the Code of Ordinances defining terms. Amending Section 16-2 of the Code of Ordinances to replace the Commissioner of Public Works with the Commissioner of Public Environmental Quality. Replacing- repealing Sections 16-3.1 and 16-3.2 of the Code of Ordinances amending Section 16-4 of the Code of Ordinances to replace the Commissioner of Public Works with the Commissioner of Environmental Quality. Replace the Division Director of Solid Waste with the Director of Waste Management and clarifying enforcement actions amending Section 16-4.1 of the Code of Ordinances to replace the Director of Solid Waste with the Director of Waste Management to provide that dumpsters or screening placed without a permit shall be removed within 48 hours unless a permit is immediately obtained. Settlement- set- setting the fee for such permit at 100 dollars, providing that no permitted dumpster shall be removed without notifying the Division of Waste Management at least 48 hours before and clarifying enforcement actions. Amending Section 16-8 of the Code of Ordinances to- to clarify enforcement actions, amending Section 16-10 of the Code of Ordinances to replace the Director of Solid Waste with the Director of Waste Management, replace the Commissioner of Public Works with the Commissioner of Environmental Quality, and clarify enforcement actions repealing Sections 16-18 through 16-28 inclusive of the Code of Ordinances, recreating Sections 16-18 and 16-19 of the Code of Ordinances to require persons disposing of or managing solid waste within Fayette County to obtain permit, required permits and comply with permit terms. Amending Section 16-40 of the Code of Ordinances to clarify enforcement actions, amending Section 16-44 of the Code of Ordinances relating to grease and oil interceptors to add requirements that a site map, design documents, and as-built drawings be submitted to the Division of Water Quality, clarify permit provisions, and transfer approval authority to the Division of Water Quality, amending Section 16-44.1 of the Code of Ordinances relating to special grease and oil interceptors- ... to replace the Director of Sanitary Sewers with the Director of Water, Water Quality and clarify enforcement actions; and amending section 16-46 of the Code of Ordinances to replace the Director of Sanitary Sewers with the Director of Water Quality and clarifying enforcement actions; amending section 16-49 of the Code of Ordinances to replace the Director of Sanitary Sewers with the Director of Water Quality, repealing sections 16-53, 16-73, dash, 16-74, and 16-75 of the Code of Ordinances; amending section 16-74.1 of the Code of Ordinances by renumbering it as section 16-94.1; creating article 12 of chapter 16 of the Code of Ordinances relating to civil fines and enforcement to provide enforcement responses action, response actions of informal notice, notice of violation, civil citations, and administrative orders, including an order to appear before the Director of Waste Management or Water Quality and a compliance order or a cease and desist order; providing specific requirements for issuance of notices of violations, NOVs; and providing that an NOV shall precede issuance of a civil citation except in cases of serious threats to the public or environment, potential imperilable effects, or repeat offenders; providing specific requirements for issuance of civil citations; and providing a right to a hearing before environmental or infrastructure hearing board of the citation is contes- if the citation is contested within seven days; providing for service of NOVs, administrative orders, and citation by personal service or regular mail; and providing for a copy to be sent to the property owner; providing that civil fines may be issued for failure to perform duties under or violation of chapter 16; providing that the maximum civil fine be, may, that may be imposed is $15,000; and each day in violation shall be a separate offense; providing that a citation shall bes- specify the amount of the fine and that two-thirds of the fine specified will be imposed if the violator does not contest the citation and has compe- complied with applicable administrative orders; providing that persons who hold a permit under chapter 16 may be issued a stop work order for violation of the permit or the provisions of chapter 16 where there is an, a threat to the public or property; and providing for appeal to Fayette District Court, specifying the rights of appeal of civil citations and providing that failure to appeal shall represent a determination that a violation has been committed and finally adjudicated; providing for appeal to the Fayette Dis- District Court of decisions of the Administrative Hearing Boards; providing that violators shall become liable to the Irvin County Government for its expense, expenses occasioned by the violation; and that violators shall be responsible for repairing or restoring any facility, natural outlet, or stream that is damaged by the violation; providing that the Irvin County Government may pursue equitable relief in court when necessary and may abate the conditions and change the violator an administrative... charge the violator an administrative fee of $250 and the cost of abatement; providing that the authorized enforcement agency may enter i- on private property if necessary to abate a violation; providing for filing of a lien of, for the Irvin County Government costs; providing that the Irvin County Government may enter and inspect construction sites and facilities due, subject to regulation under chapter 16 to, to, to determine compliance; providing that legal action may be instituted by the Irvin County Government for the recovery of penalties and costs, including attorneys fees and court costs; providing that the violations of chapter 16 are a public nuisance; providing that knowing or wanton violators may be subject to criminal prosecution; providing that no building permit wi- will be granted to a person adjudicated in violation of chapter 16 unless an appropriate consent order and compliance schedule has been entered into with the Division of Environmental Policies; creating subsection 5-88of the Code of Ordinances, providing that a contractor must cert- certify that i- it has not been adjudicated in violation of chapter 16 before being registered to act as a contractor within Ir- Fayette County; creating subsection 5-90of the Code of Ordinances, providing that before renewal of registration, contractors must certify that all information provided remains accurate; and creating subsection 5-98(6) of the Code of Ordinances, providing that the registration of a contractor may be suspended or revoked for violation of any chapter, any provision of chapter 16. Number seven, an ordinance amending section 14-10of the Code of Ordinances to clarify citation authority for enforcement of chapter 16 of the Code of Ordinances. Number eight, an ordinance authorizing and directing the mayor on behalf of the Irvin County Government to execute and submit a grant application to the US Department of Justice to provide any inf- 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 $86,168 federal funds are for the Project Safe Neighborhoods program for the US Attorney's Office for the Eastern District of Kentucky, the acceptance of which does not obligate the Irvin County Government for the expenditure of funds, appropriating funds pursuant to schedule number 23 and authorizing the mayor to transfer unencumbered funds within the grant budget. Madam Clerk, I think Council Member Lawless wished to address item number nine. I'm sorry. Um, Mayor, thank you. It's number 14 I wanted to address. Okay. All right. I read it wrong. Sorry. Num- Ordinance number nine, an ordinance authorizing and directing the mayor on behalf of the Irvin County Government to execute and sub- submit a grant application to the US Department of Justice to provide any inf- 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 $1,394,105 federal funds under the 2009 Recovery Act Edward Bryan Memorial Justice Grant Assistance Program for the purchase and installation of various types of equipment for the Division of Police to establish a full... ... time, three years, civilian unclassified position for the Computer Information Systems Unit of the Division of Police, a full-time social worker unclassified position for the Offender Re-entry Program at the Division of Community Corrections, an assistant prosecutor position in the Fayette County Commonwealth Attorney's Office, a gang coordinator position in the Fayette County Com- County Attorney's Office, and an extradition coordinator in the Fayette County Sheriff's Office. The acceptance of which does not obligate the Irvin County Government for the expenditure of funds, appropriating funds pursuant to Schedule number 24 and authorizing the Mayor to transfer unencumbered funds within the grant budget. Number 10. An ordinance authorizing and directing the Mayor on behalf of the Irvin County Government to accept a grant from the Kentucky Transportation Cabinet, which grant funds are in the amount of $15,000 federal funds are for participation in Blue Lights Across the Bluegrass for the Division of Police, the acceptance of which does not obligate the Irvin County Government for the expenditure of funds, appropriating funds pursuant to Schedule number 25 and authorizing the Mayor to transfer unencumbered funds within the grant budget. Number 11. An ordinance authorizing and directing the Mayor on behalf of the Irvin County Government to execute and submit a grant application to the Kentucky Department of Education, Division of School and Community Nutrition 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 $62,000 federal funds, are for participation in the Child Care Food Program for the operation of the nutrition program at the Family Care Centers... in... Center in FY 2010, the acceptance of which does not obligate the Irvin County Government for the expenditure of funds, appropriating funds pursuant to Schedule number 26, 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 Irvin County Government to execute and submit a grant application to the Kentucky Department of Education 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 $35,500 in Federal Funds and Commonwealth of Kentucky Funds, are for the National School Lunch Program 2010, the acceptance of which does not obligate the Irvin County Government for the expenditure of funds, appropriating funds pursuant to Schedule number 27 and authorizing the Mayor to transfer unencumbered funds within the grant budget. Number 13. A... 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 28. Council member Lawless. Um, thank you, Mayor. This is, um, about the, um, South Limestone streetscape, um, construction bid authorizing the Mayor to sign that. Um, it's receiving second reading tonight. And, um, I was wondering, can I ask a question? Uh, Commissioner Webb or somebody? Um, Mr. Milligan, is it? While he's coming up, let me address one thing that- Okay. ... uh, you mentioned. Earlier this afternoon, you had expressed some concern about the, uh, communication with the folks in the area. This afternoon, I assigned an executive order that's gonna create a commission of folks who have businesses along the South Limestone Corridor to work with us during the course of the construction, assuming tonight goes well, so that we'll try to keep the communications issues to a minimum. Okay. Because w- I've been getting a lot of calls, and nobody from the city has talked to the individual business owners, and so they don't know when things are gonna start, when their section's gonna be done. Lots of frustration because of the way this whole trans- thing transpired. So, um, when are they going to start talking with them individually, and when are they going to have a schedule of, "This section's gonna be closed approximately from here to, you know, this date to this date," et cetera? We... we are preparing to send out a notice based on how the vote goes tonight. Uh, we'll walk the corridor tomorrow, probably late in the day, with notices of a meeting. We're gonna provide two times on Friday. Uh, I believe it's 1:00 or 1:30 and 5:00 and 5:30 over at the Phoenix Building. So we will walk those through the corridor and do the very best job we can getting ahold of the property owners. We have some email addresses. We have some phone numbers. But to get this first meeting off the ground, we may miss some of the property owners because we... we just can't reach 'em. But we'll be providing information, uh, to those folks at those meetings. Wanted to give 'em two opportunities to attend those meetings. Uh, we are working with the... uh, we had a preliminary meeting with the transportation cabinet this morning, uh, to discuss the en- encroachment permits that are required for each of the intersections and getting that work to them and what we would need to do in order to go ahead and close those intersections. So, if everything works like properly, we would be able to... to discuss when the closure could happen on Friday. So, could you email me and let me know when those meetings are gonna be? Yes, ma'am. Thank you. Uh- Like for you to attend. Huh? We'd like for you to attend. Okay. Um- And also, if I could, just in the... in the communications plan, contractor has committed to a weekly meeting with any s- any stakeholders on the block that are willing to attend. And I really appreciate the effort of getting together a dedicated commission. ... to be a part of that communication. Uh, that helps... Folks that, uh, don't have an opportunity may miss a meeting, or may think that there's something not going on. It will help us get the word out, and to address issues. So- Okay. ... I think that'll work very well. Um, the other question I had was this 13 million and change for this. Does this... This doesn't include the wiring, the utility wi- wiring. Is that correct? There, yes, th- that's correct. There's some additional cost in the utilities wiring up the conduit. And that, like, over a million dollars, if I remember correctly? Uh, e- that's what the estimate is currently. And then on top of that is the streetscape, benches, and whatnot. There is an, uh, is an amenities package that was not bid as part of this contract. And, uh, that we were actually eligible for a TE grant for that, which would be aw- if we qualify, would be award- awarded in the fall for that. Um, I still have really grave concerns, both about... And I hope that moving forward on other projects, um, that the council will know before the public knows. And that, um, you know, I had, I've had several calls about Mill Street closing, and I said, they said, "Well, you know, where is it?" And I said, "Well, I don't know." And they said, "Well, you'll know about it before." And I said, "Well, I don't know." So, um, once again- Thank you. ... my concerns are, are cost, and if there has been enough done on the front end, and the lack of involvement. And I know this hadn't been... This, um, this isn't directed at you, Commissioner Webb, at all, but the lack of communication, both with the public and with the council before this went out for bid, and fast-tracked in. So, um, those are my comments, and thank you very much. And again, it wasn't directed at you at all. Thank you. On the Mill Street issue, keep in mind, there is nothing within Irvin County government focused on Mill Street right now. That's all issues that have been raised by private individuals. So, to the extent constituents have questions about that, you can direct them to the individuals. Councilman Beard? Uh, uh, Mike, if I might, um, w- why are the two numbers different? We have 13,000,146 and one- and 14,000,261 roughly. That, uh, uh, if I could d- defer to Bill O'Mara, but I believe that is, that is indi- that is a difference in the total budget and money that, that is already available in, uh, a reimbursement resolution for streetscape projects. And here comes Bill, so... But don't go away, 'cause I haven't really got to the question I wanna ask you yet. Okay. I've just come up to confirm. I believe that is correct. We, we're talking about, uh, the total budget versus the amount of this actual, um, um, purchase order. And I did not, uh- Okay. Well, you know what? When we were looking at this, we were talking about approving the bid and the 13 million, and then it, all of a sudden, it's escalated now another 9%. So... What we're trying to make sure is that the budget was approved to cover this bid. And so we made sure that the budget was authorized equal to or greater than, uh, the amount- The 14 million? ... of, of the purchase, uh, purchase order. Yes, sir. Okay. Was that done some time ago, or- Yeah. 'Cause I, all I remember seeing is the 13 million recently. I would defer to Elizabeth on memory, but I... It came before council. I don't remember the date. I don't believe I have the specific information with me in my file, but part of it was, um, previously approved in prior fiscal years. I believe part of it is in the 2010 bond package that you all approved as part of the budget. But I have that listing, and I can, I can provide it to you. But- Well, it just looked strange when you had- Yeah, p- ... two different numbers going to the same person and, uh. Well, the, the budget amendment is for the project as a whole. This 13 million amount is just for this portion of the bid. Um, and this way, when we accept other bids related to the same project, we don't have to do a budget amendment every time. Okay, kind of like a change order- Corr- I mean, you'll have to ma- ... on the, on the front end, rather th- the tail end. You'll have to appro- approve how the money is spent, you know, i- if we do a change order or accept a bid for another company. But the money, at that point, would be in place. Okay, fine. Thank you. Mike? Yes, sir? Um, back to this communication question. Have you talked to anybody from Bank of the Bluegrass? Yes, we have. You have? 'Cause at one point, nobody had. Yeah. We... Uh, actually, one of the aboveground structures for the, for KU will be on their property, and we have been working with them on that. Well, the, you know, the big concern, I think, probably, is their drive-in windows. Yes. And, and they're, you know, they're at 101 High Street, so they got no notice. I, I can't stand here and tell you that that's, that's not correct. I'm... That you're correct there. Yeah. Well, it's just what I was told. Yeah. ... I mean, I, I could see how that could happen, technically could happen, but, uh- In, in the discussions that we've had with them concerning the construction and the placement of a transformer on their property- Mm-hmm. ... they've been very supportive. And I don't know when, when the notices that they didn't get versus the communications we've had as we worked through the transformer issues with the property owners. We had a physical meeting with the president, Mr. Allen, and Mrs. Jet ... Well, go ahead and tell him. Councilman Beard, we had a physical meeting with the, the president and Mrs. Jet approximately a week and a half ago. Okay. Uh, we did discuss, uh, the lane closure down there and the fact that... and have basically agreed on a plan to keep at least one of their drive-through lanes open at all times. Uh, part of it is the, the transformer that's gonna serve them is actually gonna sit on their property on the backside. And we've also discussed with them some other, uh, safety precautions because of, uh, uh, they have a tendency to attract vehicles into the front of their building. Mm-hmm. And, uh, some... putting in some safety bollards to protect that part of the building. Okay. Very good. Thank you. Thanks, George. Thank you, Mayor. Thank you. Council- uh, Vice Mayor Gray. Thank you, Mayor. Um, I've d- I've discovered in the last, uh, two and a half years why... What was first, uh, puzzling to me, why we have a first and second reading. And, uh, one of those reasons is that it gives you time to reflect and think about things, especially significant projects and significant undertakings like this. Um, you know, what I've also discovered is that we bring our experience to these roles. We bring our head to these roles. And over the weekend, we had the 4th of July celebration downtown, which caused me to think about this project. And it caused me to disabuse myself of the notion that I was gonna be able to vote for it tonight. And why is that? My head tells me that there's three things that aren't right about the project, the process, the priority, and the price. The process and the priority lead to the price. And in my view, the price, the system that we're using, the structure that we're using is not appropriate, and that we're shoehorning ourselves into this project. We've learned in the... Since I've been on the council anyway, we've learned that, um... Or my experience since being on the council is that the council's role is to advise and consent. And the word council and C-O-U-N-C-I-L and C-O-U-N-S-E-L, it's pronounced the same, but sometimes doesn't occur. And earlier I said that there are three, three things that I can't reconcile. One is the process. And earlier I talked about that, my own experience that this is a very unusual contracting method for an underground utilities project, design build. And so that, I struggled with that. And I struggle with the priority. How did this project, it was first estimated at $9 million, is now 13 million and arguably gonna be 15 or 16 million, how did that become the first priority? And what effect is that going to have on the critical mass of work that has been identified as critically important to the downtown? That is especially the area around Cheapside, around the Old Courthouse and Main and Vine. And how does that relate? And how was that priority established? Now, there's something that occurred last week in that, in our Economic Development Task Force. There was a lot of free-flowing conversation about tough issues. All of these issues, even though they may look fat, flat-footed and pedestrian to outsiders, we realize that they become tough issues, the economic development issues that we're addressing are. And in my view, this one is too, because we're putting a lot at stake here. If this project creeps, the budget on it continues to become greater, then we risk cannibalizing the other projects and compromising the credibility. Now, the only thing that is still puzzling to me, not the only thing, but one of the things that's still tr- puzzling to me is why this was established as the priority. Now, the only rumor that I have heard is that some time ago, Mayor, that you had a meeting, a Council on Mayors or Urban... the, um, Mayor's Institute on Urban Planning, where this was an exercise. And I think that it is appropriate, if that became the priority and it occurred then, to share that with us, if that's when the connection from the university to the downtown became the priority, is that when it occurred. Yeah. I am delighted to have the opportunity to talk about this 'cause there has been so much misinformation generated that you gotta only conclude that it is, uh... ... uh, to the point of being intentional. I mean, we have talked about College Town in this community since 2002 when a lot of money was spent on the Ayers Saint Gra- Gross proposal, suggesting that we needed to tie downtown to the campus much more aggressively than what they have. Well, that's why we hired CLEET and KKG a year and a half, two years ago. They came out with a whole proposal. That's why in February we talked about phase one, all of the parts of phase one needing to be implemented ASAP. That included Limestone, that included Main Street, that included Vine Street, and it included the Cheapside area. Now, when you got those four pieces, how you gonna get it done? The most complicated piece is the one we've been talking about tonight, by far and away. So if we're gonna get it done in a timely fashion, we gotta get started with the most complicated piece first. That's why it is a priority. Yes, I talked about the need to more closely link the University of Kentucky campus with downtown in, uh, uh, a meeting in, in nine- in 2007. But that was hardly a novel idea. How long have we been talking about that in this community? I don't think there was any news arising from that. So when you talk about the priority, yeah, this is the first priority in the phase one project that was identified in February when you were there, and we had all kinds of positive feedback from everybody all over the place about how important it was for us to move forward with these streetscapes. There was no debate. We all went to Madison. How many times did we hear people say, "We gotta quit talking and start doing"? Well, now we get to the point where we're ready to start doing, and we have all these concerns about priority. Now, I'm not gonna say that there couldn't have been a better job communicating with people along the way. But I will say this, communication is a two-way street. And folks have an obligation to show up and inquire when we start talking about putting new improvements in front of their, their, uh, business. And, uh, many did, and many liked it. And, you know, tonight when we look out, uh, I don't see a vast array of folks from the South Limestone Street corridor, uh, present to complain about how we are proposing to move forward. I think a lot of it had to do with the fact that until June 19th, I believe it was, when we opened the bids, we didn't have a specific proposal about when we're gonna start, how long it's gonna take, whether or not we would even be able to do the project, whether or not there'd be any qualified bidders. Now, we got a couple of folks that submitted bids. They were within 70, $75,000 of each other. One of the reasons the bid was markedly higher than estimated is because we told the contractors, "We want to compress the period of time here. We don't want to have Limestone Street blocked indefinitely." We wanna get in. We wanna get out. We want the businesses to have the opportunity to get back to normal operating conditions as promptly as possible. We are paying a premium. I think in talking with the contractors, Mike, correct me if I'm wrong, but that's about a million, million and a half, in a premium that- I think Jim Gray got ahold of them also. So we, we are paying extra dollars to get this project done faster. If the council thinks we need to extend it, and I think they said over two building seasons, uh, construction seasons. Yeah, I, I actually went, uh, went to engineering. They typically set a timeframe for this type of construction, road construction and sewer projects. And sat down, had a good conversation with them about what would the normal time limit for a project like this be with this mu- much construction underground. And what they told me was two construction seasons, or basically two years. That doesn't include the water line going in, which we have a commitment to get that in too. So, we asked the contractors when we, when we put the bid out on the street, to compress the timeframe so that we would get in and out of the area as promptly as we could so that motorists wouldn't have their access to Limestone Street impaired. And we're paying a premium. I think that's an appropriate premium to minimize the inconvenience for everybody that's involved. Now, yeah, we can go back and we can rebid it, and, um, uh, we can have more detailed engineering drawings. And, and I think we went back and talked with the engineers, and that would probably save us 3 or $400,000 maybe. Um, it's gonna add some additional engineering costs, but the point of it is we can get in, we can get out. We can find a way to do some things people in this community have been talking about forever, like replacing sanitary sewers, like replacing storm sewers, like burying aerial utilities, like creating a more pedestrian-friendly thoroughfare,- ... like installing bike lanes, like finding a way to bring the university and the downtown area closer together. For me, that's a pretty high priority in this community, and I think we have a, a, a ... by your own admission, a first-class contractor capable of getting it done in a timely fashion with experienced people who, uh, have been involved not only in, in similar urban projects like this, but specifically in dealing with streetscape access issues. And, um, I agree with, with what we heard in Madison. I think it is time for us to, uh, stop talking and start doing. Uh, let me ... Is this okay if I comment? Uh, first, I'd like to say that this, uh ... I'm, um, encouraged by the conversation because it's really the first conversation about this significant project in a meaningful way that we've really had. Now, I understand when you say that we've talked about it, but we have not had the conversation about the priorities, which still exist, and a budget. That issue still exists. Now, all I've said, or what I've said, is that, and what I've thought about over the weekend, is simply, would I do this if it were my business? And I wouldn't, for the reasons that I've expressed. Now, others may, and that's fully okay. But with the experience that I have in my own work and translating that into this job, I don't see it that way. I don't see it as that we have this either/or proposition, and I've ... very uncomfortable that we only had two bids, and that they're so much higher than our estimate. And that's just really a matter of point of view, and I don't ... You know, I've seen lots of projects where it's like, "Oh, do or die, we've gotta start immediately." And somehow or another, we muddle through in a better-than-muddle-through way because we do planning better. And, you know, this does take us back to ... more than two and a half years ago when we were talk ... had been the discussion about project management, about these issues that keep coming up and that we need to address. But on this project, as it stands today, I simply think we could do better and that there's a lot at stake, and that's why we're having this conversation. Thank you. Council Member Lawless. Thank you, Mayor. Um, I, too, appreciate the dialogue. Um, I'm all for paying a premium to get it done as quickly as possible, um, but what I know is the business owners ... There was a meeting on June 3rd, and it was, the notice was, "We need to find out about your utility needs," and that's, that ... There was nothing on there about streetscape, and what I've found over and over, if you're talking about putting in a stop sign, or you're talking about H1 or Center Point or anything else, open dialogue, communication, engaging the public, engaging the council and the stakeholders beforehand is the way to do it well. And I hope, if this goes forward, and again, I am 100% for the streetscape improvements. I'm for this project. What I'm not ... What I'm hoping is that we, uh, however this falls out today, that ... people are engaged in a transparent and open way very early on, and they weren't in the ... The business owners weren't in this case. And how would you know if you got a, a notice, a flyer that says, "We're gonna have a meeting assessing your utility needs," that that meant, "Oh, and we're tearing up the street for a year." So, you know, they weren't engaged, and it was ... Whenever the bid went out, it was the day after the bid went out that a constituent, who doesn't own the property but owns the business, called me, and I didn't know anything about it. And we just need to do better about engaging people early on in this process, because that ... It will make or break the community will to move forward, and their buy-in and their engagement. And so, um, you know, and misinformation though, they were being told there'll be a, a, one lane of traffic opened, and Harold Tate said that to me, he said it to them, he said it in writing, and then, oh, well, to emergency vehicles. Well, if you raise expectations, then, you know, you get in trouble. And the reason that they're not here tonight is because they're working. You know, these are very small businesses, and they're working, and they're scared to death that their entire livelihood is gonna go down the tubes. So, we need to support these businesses. ... everybody out there, we need to get up on website what they are, how to get to 'em. You know, they're, we're paying a premium for traffic management, but I just wish that whenever, January, February, or whenever it was decided this was gonna be done and start digging two weeks later, that, um, we had engaged everybody in that and brought everybody up to speed. Um, I think it would have gone a lot smoother and people would feel a lot better about it. So thank you very much. Council member Crosby. Uh, thank you, Mayor. I just, uh, have a m- comment maybe more so, um, I wished the Seventh District were part of the Streetscape Plan when it came to, uh, the utility work. Um, I'd invite everybody maybe to drive out, uh, to Maple Leaf. Um, we had some sewer work done out there, I think it ended early April, and I would just like for maybe everybody to take note that just today, I noticed them working on the sidewalks that, um, had been torn up, and there's, uh, still fences that are torn up from that work. So, um, that's just my concern is that, you know, we, we say we have a timeline and that things are gonna get done, but, you know, being outside, um, not in the downtown area or part of a Streetscape Plan that oftentimes we say that we're gonna be able to get things done in a timely manner that really might affect the business or in our case, people who, um, have town homes along this area. And even though it was wonderful you got the road open and repaved, and that looks wonderful, the actual corner is a disaster. It's a mess. It, it looks pretty horrible when you look at it. That's how I pull out of my neighborhood every day. And, and you look at that corner and it's, um, still pretty much a mess from where they had it torn up for several weeks. So that's just my main concern, but, you know, on the other side of it, I do understand that we need to be doing these projects and, um, upgrading our utilities. So that's where I just get very torn when I see projects like this and how it affects people in our community. Thank you. Council member Beard. Thank you, Mayor. And, um, I'm probably gonna continue the conversation you started concerning and the, uh, College Town Plan, because Limestone is the western boundary of the university, and if we're talking about targeting the majority of where the students live and where most of the activity is, that linkage ought to happen along Rose Street, not Limestone. Uh, actually, the easiest way to do it at all would be to go m- Martin Luther King as a linkage because of, uh, of, of, uh, very little impediments along those, uh, that corridor. Um, you know, and, you know, everybody's got their own ideas about those types of things. Uh, hopefully someday we'll, we'll have all three quarters, uh, busy with, uh, UK students and faculty, uh, coming to downtown. But, um, this situation, again, uh, I have to go along with what, uh, Council Member Lawless says, uh, th- those folks can't stand one month of downtime, let alone four months of downtime, or four and a half, whatever the number is now. Um, so I, I don't know what we'll have to do. Hopefully we can marshal some help, as you suggest, Council Member Lawless, but, um, uh, from the public and, and what we can do to keep, uh, some business flowing their way. But, uh, uh, we, we must do something 'cause it would be a, it would be pretty silly to have this beautiful streetscape and nothing but empty buildings along it. Thank you, Mayor. Council Member Fico. Thank you, Mayor. Um, I just would like to say that sitting in this seat has got to be very difficult for, well, all of us. Um, I'm sitting here tonight hearing some of the same, uh, statements that I tried to make, but Vice Mayor Gray made them far more eloquently, uh, talking about, um, process, priority, and price. And those were the very issues that I brought up about the sidewalks on Tates Creek Road. Those were the very concerns, much smaller project, but if in fact we do have a problem, a systemic problem with, uh, communicating with the folks in our community, then we need to do something about that. Um, I really feel like that this is, this project needs to go forward. Um, I think that it's going to inconvenience businesses, no matter if it's gonna be on Limestone, or on Vine, or Main, or wherever. It's going to be an inconvenience to the visitors, I mean, to the businesses. And it will be the same inconveni- inconvenience to these particular business owners whether we do this project first or whether we do it last. The one good thing that I see in this project at this point is that we do have a deadline, and I think that deadline will help us, uh, move this project forward in a very effective way. And without the deadline, it probably would drag on forever and ever, and those businesses would probably be hurt far worse than they might be hurt this time. So I don't know that, uh, moving this project to a different location is going to make any difference at all. I just feel like that we need to start and, and, uh, work within the deadline that we have for the 2010 games. ... and follow through on this college town approach. So I'm in support of this project be- just because I feel like it, uh, it really isn't gonna be any easier to do it later than it is now. So, thank you. Council member Ellinger. Thank you, Mayor. Commissioner, um, commiss- um, Council Member Lawless had made a statement about only one lane being for emergency vehicles. Is, uh, is there gonna be... I'm confused. I thought there'd be one lane open for access for traffic, uh, for everybody, or is it just gonna be open for just emergency vehicles? During the, during the first phase of the project, and that's during the undergrounding of the utilities, there... It will be closed to all but local traffic. Deliveries will be able to get through. Uh, we'll, we'll keep a dedicated lane for the hospital. We actually met with the hospital, uh, yesterday. Uh, we knew that early on that we would need to do that from meetings that we had with stakeholders on the corridor, but it will not have a through lane of traffic during the undergrounding, uh, the sewer work and the conduit work. And how long will that be? That, uh, approximately till November 15th, I believe, is the target for that. And if this ordinance doesn't pass tonight, then what? When we... What's our fallback plan here? It... If this ordinance doesn't pass tonight, I think, because of the break that you all have, we probably lose the opportunity to do the project before July and have it complete by July of next year. Okay, thank you. We, we asked for detailed chart, charting of the different construction pieces and information on how it would be done. Project will actually start from both ends and work towards the middle. That's how sewer projects were done. And, uh, uh, I would remind folks that whenever we first started meeting with, with people on the corridor, we did... We were not aware that we would have to do this type of sew- sewer work. So they're very well could have been communicated that, yeah, they'll do one side, the sidewalk improvements, and then the other. We, we did not know that we had this level of construction with our first meetings. Council member Lawless. Um, this is probably the hardest decision I've had to make since I've been on council. And, again, tremendous support for the streetscape and for this particular project. I, I've waffled back and forth every day several times on how I'm gonna vote on it, and I think after this conversation, I'm gonna vote yes. And the reason I'm gonna vote yes is because if, if we stop this, the council's gonna be blamed for it not going forward. Um, and the mayor has expressed great confidence that it will be done as painlessly as possible. He has stated that it will be done by July 1, and that he is confident that he will get the money for the other streetscape projects in phase one by July of 2010 before the games. So I'm going to trust his commitment and his confidence in that, and I'm gonna vote yes. But I'm also gonna request that when these things start being planned and bid documents going out, that the council be informed and the stakeholders be informed before any more projects like this... I just don't want another situation where I either read about it in the paper or I find out from a constituent and that people feel left out of the process. So on your commitment, Mayor Newberry, and giving full faith and credit to your confidence that you will be able to secure the money for this and the other phase one projects, and that they will all be done by July of 2010, I am gonna vote yes. Thank you. Vice Mayor Gray. Let me ask a question . Let me ask a question. Does that include the pavilion? It is my understanding from Thursday- On, on Church... Cheapside, like, like around the courthouse? ... that the pavilion on Cheapside was part of phase one, and the pictures we saw and that was part of the commitment. Is that right, Mayor? Well, ex- a pavilion, yes. Whether it looks like that, not necessarily- Right, we understood those were- ... conceptual drawings. Right. I'm good with that. Right. Okay, thank you. And we'll also be having our wayfind, way-finder project, so that's pretty exciting too. Anything further? Madam Clerk. Ordinance number 14. An ordinance accepting the bid of LM Asphalt Partners Limited, doing business as ATS Construction in the amount of $13,146,557.19 for the Lexington Streetscape Phase 1 Improvement South Limestone Street for the Department of Public Works and Development, authorizing and directing the mayor on behalf of the Irving County government to execute an agreement with LM Asphalt Partners Limited, doing business as ATS Construction, related to the bid and appropriating funds purs- in the amount of $14,260,916 pursuant to Schedule Number 29. Number 15. ... an ordinance authorizing and directing the Mayor on behalf of the Irvin County government to accept the grant from the Kentucky Energy and Environment Camp- Cabinet, which grant funds are in the amount of $14,035 Commonwealth of Kentucky funds under the Kentucky Recycling and Household Hazardous Waste Grant Program, offer support of a partnership with Lexington Habitat for Humanity to establish a program to collect bulk and resell leftover latex-based paint to gener- generate revenue and reduce hazardous landfill bound waste. Acceptance which obligates the Irvin County Government for the expenditure of $4,678 as a local match to be provided in kind by the L- Lexington Habitat for Humanity, appropriating funds pursuant to Schedule Number 30 and authorizing the Mayor to transfer unencumbered funds within the grant budget. Number 16, an ordinance authorizing and directing the Mayor on behalf of the Irvin County Government to accept a grant from the Kentucky Energy and Environment Cabinet, which ga- grant funds are in the amount of, uh, $113,154 Commonwealth of Kentucky Funds under the Kentucky Household Hazardous Waste Managemen Grant Program are for the support of a one-day household hazardous waste recycling event, the acceptance of which obligates the Irvin County Government for the expenditure of $29,481 as a local match appropriating funds pursuant to Schedule Number 31 and authorizing the Mayor to transfer unencumbered funds within the grant budget. All right. Oh, sorry about that. Did you read Number 17? Wishful thinking, I guess. I was thinking it would be ... Sorry. Number 17 in ordinance, amending certain of the budgets of the Lexington Fayette Irvin County Government to reflect current requirements for funds in the amount of $12,000 for animal control and appropriating and reappropriating funding Schedule Number 32. Thank you. Uh, Council Member Lane. Uh, Mayor, I'd like to request that we vote on Ordinance Number 14 separately from the balance of the ordinances. All right, I'll take that as a motion to approve Item Number 14. Do I hear a second? Second. I have a second by Council Member Feigl. Uh, any further discussion? Council Member Martin. I just wanna say briefly, I, I don't know whether all these projects can get done by next summer or not, but I'm voting in favor of this because I think this project- Oh, oh. ... stands on its own. You can't explain your vote during the, the vote. He's already made a motion. This is a motion to approve and second it. Yeah. Yeah, and it's during- You can't ... Oh, we were voting on the s- the- She's already read 'em. That's what the rules say. All right. That's what the rule... I'm just ... We've already violated the rules, like, 10 times tonight, so I mean, if you ... Go ahead. I mean, I'm just trying to move it forward. We read ordinances all the time and, and have ... Okay. Just, just a minute. This is just a motion to vote. So moved. I thought- It was, it was read as a motion to approve the- Motion is to vote yes or no. The motion is to approve Item Number 14. Separate. From the other one. Separately. Sep- ... All right. Which requires a roll call vote. That's the point. So this is a mot- motion to bifurcate. Is that right, Mayor? Yes. Okay. All right. I'll hold my comment until we vote on it then. Thank you. Okay. My understanding was we had the motion to approve one item, that being Number 14 that was on the floor right now. No. There's 14 and 21 is separate. Ah. One is separate. 14 is separate. All right. So you wanna vote on Items 1 through 13 and 15 through 17 now? No. First, we have to separate them. 14 alone. All right. Then preference is to move to separate the vote. No. All right. He's just saying. So the vo- the motion is to separate the vote. Any further discussion on that? Those then in favor of separating the vote, please indicate by saying, "Aye." Aye. Opposed, "No." No. All right, let's vote, uh, electronically. Madam Clerk, the motion, the question on the floor is to bifurcate so as to vote separately on, uh, Number 14. I see, uh, the motion carries by a vote of eight to four. Now we're prepared to vote separately, and we'll take Number 14 separately, and we're prepared to vote. Correct? All right, Madam Clerk, or Council Member, uh, Martin. I have a short statement, Mayor. Uh, I, I was just gonna say I, I, I don't know whether all these projects can get done. There's enormous, uh, number of things that can happen between now and next summer on all the projects. But I think this project stands on its own. I think it's gonna be a good thing for the Limestone Corridor. And, and clearly there have been an enormous number of attentio- meetings and attention to this project. And, uh, I think it's, it's, it, it, it will be a, a, a waste of all this effort to put this off. Uh, we'll have to reset and do it again. So, I, I, I, I just wanna say that I, I support this on its own, and, and I guess we'll hit the other ones when they come across. Thank you, Mayor. All right. If there's no, uh, further debate, we'll proceed to vote on Number 14. Those in favor of Number ... Of approving Ordinance Number 14, please indicate by voting "Aye" electronically. Those opposed vote "Nay" electronically. Madam Clerk. I'm sorry. I didn't get who made the motion to approve Ordinance Number 14. Who's in favor of Moving Ordinance Number 14? All right. I second. I have a motion by Council Member Feigl, second by Council Member Ehlinger to approve Item Number 14. Thank you. I think we're ready to vote, if you can set the, um, machine for us. Those in favor, please vote "Aye" electronically. Those opposed vote "Nay" electronically. And Madam Clerk, please call the roll. Mr. Ehlinger? Yes. Ms. Feigl? Yes. Miss Gorton? I. Mr. Gray? No. Ms. James? Mr. Lane? Yes. Ms. Lawless? Mr. Martin? Yes. Mr. Stennett? Yes, ma'am. Mr. Beard? A reluctant yes. Mr. Blues? Yes. And Miss Crosby? Yes. Thank you. That motion is approved by a vote of 11 to 1. The floor is ... Um, Mr. Parliamentarian, uh, Congressman Gregg wants to know if he can ex- explain his vote now. All right. Is there a motion to approve items 1 through 13 and- Move to approve. Vote. All right. I have a motion by Councilmember Lane and a second by a cast of thousands, I, I think it's Councilmember Martin. He don't get away with much. Uh, those ... Any discussion on those issues? Then those in favor of approving items 1 through 13 and 15 through 17, please indicate by voting aye, uh, electronically. Those opposed vote nay electronically. And Madam Clerk, please call the roll. Mr. Ellinger? Yes. Miss Feigel? Yes. Miss Gordon? Aye. Mr. Gray? Yes. Miss James? Yes. Mr. Lane? Yes. Miss Lawless? Yes. Mr. Martin? Yes. Mr. Stennett? Yes. Mr. Beard? Aye. Mr. Blues? Yes. Miss Crosby? Aye. Thank you. Thank you. Those ordinances are approved unanimously. Madam Clerk, we're ready for the ordinances entitled a First Reading. Ordinance Number 18, an ordinance amending Articles 27-6D and 27-7 of the zoning ordinance to delay the issuance of demolition permits in the courthouse design area overlay zone and to stay all work once an appeal to the Planning Commission has been filed until after the hearing before the Planning Commission. Number 19, an ordinance amending Se- Section 21-52 of the Code of Ordinances of reallocating one position of Director of Streets, Roads, and Forestry from grade 121E to grade 123E in the Division of Streets, Roads, and Forestry and appropriating funds pursuant to Schedule Number 33. Number 20, an ordinance closing a portion of Leader La- Leader Avenue determining that all property owners abutting the portion of the street to be closed have been identified, provided with written notice of the proposed closing and consented thereto in writing and auth- authorizing and directing the mayor on behalf of the county government to execute a quitclaim deed, transferring the former right of way to the abutting owner subject to the reservation of easements for access and maintenance of existing utilities in the former right of way. 21, an ordinance amending certain of the budgets of Lexington-Fayette Urban County Government to establish a $6 million in bond but fund budget for the Lyric Theater Project as approved at the Lexington-Fayette Urban County Council Meeting on July 2nd, 2009, and by reimbursement resolution on Re- March 12th, 2009, and appropriating and reappropriating funds Schedule Number 34. 22, an ordinance amending certain of the budgets of Lexington-Fayette Urban County Government to provide funds for purchase orders rolling from FY2009 into FY2010 and appropriating and reappropriating funds Schedule Number 35. Number 23, an ordinance amending certain of the budgets of Lexington-Fayette Urban County Government to reflect current requirements for funds in the amount of $400 for the Division of Parks and Recreation from neighborhood development funds for the ST Roach basketballs, cheerleaders, T-shirts, and appropriating and reappropriating funds Schedule Number 36. And Number 24, an ordinance amending certain of the budgets of Lexington-Fayette Urban County Government to reflect current requirements in, for municipal expenditures in appropriating and reappropriating funds Schedule Number 37. Thank you very much. Councilmember Blues. Thank you, Mayor. I move to add an ordinance for a budget amendment that we appropriate $6,000 for a copier for the Division of Youth Services. These funds were approved by ordinance 08-2009 in May 2009. And due to miscommunication, the division did not purchase the copier before the end of FY2009. A motion to add that ordinance to the, to the docket. Yes, it is. So moved. First reading. Do I hear a second? I'll second. I have a second by Councilmember Gordon. Uh, motion is ... Councilmember Lawless. That is a second reading. Okay. Uh, hang on for just a second. Let's add that. Any discussion on the motion to add that item to the docket for a first reading? Seeing none, we'll proceed to vote. Those in favor of adding that item, please indicate by voting aye. Aye. Opposed no. Motion carries. Madam Clerk. Number 25, an ordinance amending certain of the budgets of Lexington-Fayette Urban County Government to reflect current requirements for funds in the amount of $6,000 for a copier for the Division of Youth Services and appropriating and reappropriating funds Schedule Number 38. Thank you. Uh, now Councilmember Lawless. Yes, I'd like to move to suspend the rules and have a second reading on Number 20, uh, closing a portion of Leader Avenue. Um, this is part of a project University of Kentucky's doing, and they need to get that done before we get back from break. Thank you. Um, is there a second to that motion? I'll second that. Councilmember Stennett has seconded the motion. Are there others? Councilmember Gordon? Uh, Number 18, please, Mayor. Thank you. There's no objection. We'll amend the ordinance accordingly, the, uh, motion accordingly. I believe all the rest of them are precluded, but, uh, we'll proceed to vote on those. To those in favor of suspending the rules for purposes of giving a second reading to Items 18 and 20, please indicate by saying aye. Aye. Opposed no. Motion carries. Madam Clerk. Ordinance number 18 for second reading and ordinance admitting articles 27-6D and 27-7 of the zoning ordinance to delay the issuance of demolition permits in the courthouse area... design area overlay zone, and to stay all work once an appeal to the Planning Commission has been filed until after the hearing before the Planning Commission. And number 20, an ordinance closing a portion of Leader Avenue determining that all property owners abutting the portion of the street to be closed have been identified, provided with written notice of the proposed closing and consensus there, thereto in writing, and authorizing and directing the mayor on behalf of the Urban County government to execute a quitclaim deed, transferring the former right of way to the abutting owner subject to the reservation of easements for access and maintenance of existing utilities in the former right of way. Is there a motion to approve items 18 and 20? So moved. Have a motion by Council Member Beard and a second by Council Member Blues, I think, to, uh, um, approve items 18 and 20. Any discussion? Seeing none, we'll proceed to vote. Uh, those in favor, please indicate by voting aye electronically. Those opposed, vote nay electronically. And Madam Clerk, please call the roll. Mr. Ellinger? Ms. Feigel? Ms. Gorton? Aye. Mr. Gray? Yes. Miss James? Yes. Mr. Lane? Yes. Miss Lawless? Yes. Mr. Martin? Yes. Mr. Stennett? Mr. Beard? Aye. Mr. Blue? Yes. And Miss Crosby? Yes. Thank you. Those ordinances are approved. We're now ready for resolutions entitled A Second Reading. Madam Clerk. Resolution number one, a resolution accepting the bid of ZKB Construction Services, LLC in the amount of $17,350 for the roof installation at Tates Creek Community Center for the Division of Parks and Recreation, and authorizing and directing the mayor on behalf of the Urban County government to execute an agreement with ZKB Construction Services, LLC related to the bid. Number two, a resolution accepting the bid of Allen Brothers Construction Incorporated in the amount of $19,200 for roof replacement Jordan Building for the Division of Fire and Emergency Services. And there's a motion. Excuse... Thank you, Madam Clerk. Uh, Council Member Beard. Thank you, Mayor. Uh, I move to amend item number three under second reading of resolutions to provide that a Donna Angel requests a 54-day council approved leave without pay from June 29th, 2009 to August 21st, 2009. This is not a material change as it does not require a new first reading. Do I hear a second? Second. Council Member Feigal, I believe it was, second Council Member Beard's motion. Any discussion? All in favor then of modifying, uh, item number three as specified, please indicate by saying aye. Aye. Opposed, no. Motion carries. Madam Clerk. Number three, a resolution as amended. A resolution ratifying the probationary civil service appointments of Dan Dietman, Environmental Compliance Coordinator, grade 119E22028928 bi-weekly in the Division of Environmental Policy, effective July 6, 2009; Gregory Schaffer, Public Service Worker, grade 106N13.287 hourly in the Division of Water Quality, effective July 6, 2009; approving leaves of absence for Pamela Moses, Personnel Records Supervisor, grade 114E in the Division of Police, requests a 54-day council approved leave without pay f-... I'm sorry, requests a 90-day council approved leave without pay from June 17, 2009 to September 14, 2009; or Donna Angel, Telecommunicator Senior, grade 113E in, in the Division of Emer- Emergency Management 911, request a 54-day council approved leave without pay from June 29, 2009 through August 21, 2009; approving the unclassified civil service appointment of Anthony Snowden, a security officer, grade 106N11.161 hourly in the Department of General Services effective Jan- June 29, 2009. Number four, resolution authorizing and directing the mayor, the fire chief, and the divi- director of Division of Emergency Management 911 on behalf of the Irvin County government and pursuant to KRS Chapter 39F to execute a statement of affiliation pertaining to the establishment and designation of the Irvin County government's Division of Fire and Emergency Services Special Operations Technical Rescue Team as the recognized rescue squad for the Fayette County at a no cost to the Irvin County government; number five, a resolution authorizing and directing the mayor on behalf of the Irvin County government to execute an agreement with the Board of Trustees of the Lexington Public Library to provide a part-time staff position to serve as a community development coordinator at Gainesway Community Center at no cost to the Irvin County government; number six, a resolution pursuant to section 21-16B of the Code of Ordinances approving the cont- continuation of the acting assignment pay increase of greater than 10% for Mary Fister, Director of Accounting, who will also be serving as the Acting Director of Budgeting effective July 1, 2009; number seven, a resolution authorizing and directing the mayor on behalf of the Irvin County government to execute an agreement with Kentucky American Water Company for the billing, accounting, and collecting of the water quality management fee at a cost not to exceed 36.23 cents per month e- for each account billed to be adjusted by the CPI-U on July 1, 2011; number eight, a resolution authorizing and directing the mayor on behalf of the Irvin County government to execute and submit a grant application to the Kentucky Division of Em- Emergency Management and to provide any additional information requested- We've lost our quorum. We need 10, do, do we not? We've got nine here. I so move. One, two, three, four, five, six, seven, eight, nine. We need somebody back in the room. That makes nine. We need 10, I do believe. Thank you. Okay, number eight, a res- ... uh, I'm gonna start over again because I forgot where I was. A resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute and submit a grant application to the Kentucky Division of Emergency Management and to provide any additional information requested in connection with this grant application, which grant funds are in the amount of $775,968.75 federal funds and $124,155 Commonwealth of Kentucky funds under the Federal Emergency Management Agency's Hazard Mitigation G- Grant Program, and are for the acquisition and demolition of seven residential properties in the Fort Sumpter/Gail Drive area and the Parkside/Shandon Cabot Drive area. Number nine, a resolution accepting the bid of Schroeder Construction Incorporated in the amount of $356,416 for the Haley Pike Landfill Leachate Pump Station Upgrade for the Division of Waste Management and authorizing and directing the Mayor on behalf of the Urban County Government to execute a contract agreement with Schroeder Construction Incorporated related to the bid. Number 10, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a Certificate of Consideration and to accept a deed for the property located at 142 Northwood Drive from James and Pamela Hopkins for the Northwood Drive Storm Water Project and authorize the payment in the amount of $114,200 plus usual and appropriate closing costs. Number 11, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a Mutual Aid Agreement with Lexington-Fayette Urban County Airport Board for a mutual aid at no cost to the Urban County Government. Number 12, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to accept a Re- accept Remotec Incorporated as a sole source provider for Andros Hazardous Duty Robot Systems, including radio systems, related upgrades, accessories, part t- parts, training, refurbishments, and services. Number 13, a resolution au- authorizing and directing the Mayor on behalf of the Urban County Government to execute an authorization with SELCO Partnership for a site survey at Castlewood Park at no cost to the Urban County Government. Number 14, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a Purchase of Service Agreement with Urban League of Lexington-Fayette County for support of initiatives designed to enable African Americans and disadvantageous citizens to achieve social and economic equality at a cost not to exceed $66,500. Number 15, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a Purchase of Service Agreement with Road to Homeownership Incorporated for the provision of educational programs to economically disadvantaged and low-to-moderate income families at a cost not to exceed $32,060. Number 16, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an agreement with the Lexington-Fayette Human County, Lexington-Fayette Urban County Human Rights Commission for a purchase of services for FY2010 at a cost not to exceed $180,500. And number 17, a resolution authorizing and directing the Mayor on behalf of the Urban County, directing the Department of Law to institute condemnation proceedings in Fayette Circuit Court to obtain permanent sanitary sewer and temporary construction easements at 168 Beverly Avenue for the Beverly Avenue Sanitary Sewer Project. Thank you, Madam Clerk. Is there a motion to approve? Move approval, Mayor. Second. Thank you very much. Council Member Stennett's moved approval of those resolutions. Council Member Lane has seconded it. Is there any discussion? Seeing none, we'll proceed to vote. All those in favor of approving those resolutions, please indicate by voting aye electronically. Those opposed, vote nay. Madam Clerk, please call the roll. Mr. Ellinger? Yes. Miss Figal? Yes. Miss Gorton? Aye. Mr. Gray? Yes. Miss James? Yes. Mr. Lane? Yes. Miss Lawless? Yes. Mr. Martin? Yes. Mr. Stennett? Yes. Mr. Beard? Aye. Mr. Blues? Yes. And Miss Crosby? Yes. Thank you. Thank you. Those resolutions are approved. Madam Clerk, if you would give first reading to the resolutions entitled A First Reading. Resolution number 18, a resolution accepting the bo- the bid of Bluegrass Mailing Services, establishing a price contract for mailing services for various departments and divisions of the Urban County Government. Number 19, a resolution accepting the bid of R&L Cleaning Services, establishing a price contract for custodial services, Coleman House, for the Division of Facilities and Fleet Management. Number 20, a resolution ratifying the probationary civil service appointments of Charles Taylor, Equipment Operator Senior Grade 109N $12.815 hourly in the Division of Water Quality, effective July 20, 2009; Jamshid Farhadi, Deputy Director of Building Maintenance Grade 121E $6- $3,600 bi-weekly in the Division of Facilities and Fleet Management, effective July 13, 2009; approving the probationary community corrections officer appointment of Angela Mullins, Probation Officer Grade 110N $16.062 hourly in the Division of Community Corrections, effective July 20, 2009. 21, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a service agreement with the Lexington-Fayette County Health Department for health data surva- surveillance at no cost to the Urban County Government. Number 22, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a service agreement with West Government Services for database access at a cost not to exceed $4,500. 23, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a sixth, the sixth amendment to the professional services agreement with Patricia K. Howard to serve as the Emergency Medical Services Training Coordinator for the Division of Fire and Emergency Services at a cost not to exceed $11,850. 24, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute and submit a grant application to the Kentucky Department of Juvenile Justice and to provide any additional information requested in connection with this grant application, which grant funds are in the amount of $18,000 federal funds under the Juvenile Accountability Block Grant Program and are for programs designed to promote greater accountability in the juvenile justice system. 25, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an amendment to agreement with the Kentucky Office of Homeland Security for extension of the Metropolitan Medical Response Systems project through December 31, 2009 at no cost to the Urban County Government. ... 26, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an amendment to agreement with the Kentucky Office of Homeland Security for extension of the World Equestrian Games All Hazard... Hazards Mi... Disaster Preparedness Plan project through November 30th, 2009, at no cost to the Irvine County Government. 27, a resolution authorizing and directing the Mayor on behalf of the Irvine County Government to execute Purchase of Service Agreements with Baby Health Services, $18,000, Blue Big Brothers Big Sisters, $10,290, Bluegrass Community Action Council, $30,000, Bluegrass Domestic Violence Program Incorporated, $75,000, Bluegrass Rape Crisis Center, $75,000, Bluegrass Technology Center Incorporated, $3,000, Center for Women, Children, and Families, $50,000, Chrysalis House Incorporated, $40,000- So moved. ... Bluegrass Comprehensive Care Center, $314,750, Community Action Council, $180,000, Hope Center Incorporated, $740,000, Mash Services of the Bluegrass Incorporated, $158,000, Moveable Feast Lexington, $40,000, Nursing Home Ombudsman Agency of the Bluegrass Incorporated, $50,000, Salvation Army, $200,000, and Sunflower Kids, $25,000, to provide services to the public at a cost not to exceed two th- two million, nine thousand fo- and forty dollars. Number 28, a resolution authorizing and directing the Mayor on behalf of the Urban Co- the Lexington-Fayette Urban County Government and the Lexington-Fayette Urban County Government Public Facilities Corporation to execute a deed and any other necessary documents to transfer property located at 125 Cisco Road, also known as 1135 Red Mile R- Place, Lexington, Kentucky from the Public Facilities Corporation to the Lexington-Fayette Urban County Government. 29, a resolution authorizing and directing the Mayor on behalf of the Irvine County Government to execute an agreement with Port Royal Neighborhood Association Incorporated, $500 for the Office of the Irvine County Council at a cost not to exceed the sum stated. Number 30, a resolution authorizing and directing the Mayor on behalf of the Irvine County Government to execute a s- and submit an application to the Kentucky Infrastruation, Infrastructure Authority and to provide any additional information requested in connection with this application and the amount of $14,600,000 for low-interest loans to facilitate the Lower Cane Pu- Run Pump Station and Expansion Area 1 projects. Thank you very much. Councilmember Stennet? Thank you, Mayor. There was a, a motion that needed to be made e- earlier today to walk on, uh, to the docket a resolution authorizing and directing the Mayor on behalf of the Irvine County Government to execute and submit a grant application to the Environmental Protection Agency, EPA, Climate Showcase Communities, and to provide any additional information requested in connection with this application for upgrading aeration blowers and controls at the West Hickman and Town Branch wastewater treatment plants. So moved. Second. Second. I have a motion by Councilmember Stennet and a second by Councilmember Gordon to walk that item onto the agenda for tonight. Is there, uh, any discussion? All in favor, please indicate by saying, "Aye." Oppose, "No." Madame Clerk? There's, yeah, there's... Do you wanna do both walk-ons? Then that way I can- Uh, we'll go ahead and do 'em all then. Councilmember Blues? Thank you, Mayor. I move to place on the docket for the Tuesday, July 7, 2009 council meeting, a resolution authorizing the Mayor to execute an option to purchase agreement with Hudson Circ II LLC for property located at 1975 Russell Cave Pike. So moved. Second. I have a motion and second to add that item to the docket. Any discussion? All in favor, please vote aye. Oppose, "No." Motion carries. Councilmember Lawless, I think it was. Yes. Um, a resolution authorizing and directing the Mayor on behalf of the Irvine County Government to execute an agreement with Kentucky Classical Theatre Conservatory for $10,000 for Summerfest, which starts tomorrow night. Um, and it was approved in the FY10 budget. I have a motion and second to add that item to the docket. Any discussion? Seeing none. Those in favor, please vote aye. Those that oppose, "No." Motion carries. I, uh, we don't have that resolution, or I do not have it. Do you have a copy of it or anything? Okay. Well- It might be best if- We'll, we'll let Dr. Barberry do his, uh, his magic there real quick. I can go ahead and read the other two while you're- Yeah. If you would like to- Yes, please, and we'll, we'll take the short version tonight. All right, Madame Clerk? Okay, resolution number 31- Coun- Excuse me, Councilmember Lawless, you might get with Mr. Barberry and try to work something out. Counsi- Uh, Madame Clerk? Resolution number 31, a resolution authorizing and directing the Mayor on behalf of the Irvine County Government to execute and submit a grant application to the Environmental Protection Agency, Climate Showcase Communities, and to provide any additional information requested in connection with this application for upgrading aeration blowers and controls at the West Hickman and Town Branch wastewater treatment plants. And number 32, a resolution authorizing and directing the Mayor on behalf of the Irvine County Government to execute a 100-day option to purchase agreement renewable for an additional thir- 60-day period with Hudson Circ II LLC for a property located at 1975 Russell Cave Pike at a cost not to exceed $5,000 for the initial 100-day period of the option to purchase and an additional $5,000 if the option to purchase is renewed. And I need to go back and get the motion. You made the motion, and who seconded the motion? I'm, I'm sitting here- ... Councilmember Boyd. Seconded it to... Okay, thank you. You know, I think we may have a motion to give second reading to all those items. I would expect so. So how about if we go ahead and do that, and then we'll come back and take care of the Councilmember Lawless's item? I'd be most happy to do that. Councilmember Ehlinger? Thank you, Mayor. I, um, make a motion to spin the reels and give second read to all. Second. I have a motion and second to give second reading to all the items on the docket that received first reading. Any discussion? All in favor, please say aye. Aye. Opposed, no? The motion carries. Resolution number 18, for second reading, a resolution accepting the bid of Bluegrass Mailing Services, establishing a price contract for mailing services for various departments and divisions of the Urban County Government. Number 19, a resolution accepting the bid of R&L Cleaning Services, establishing a price contract for custodial services, Coleman House, for the Division of Facilities and Fleet Management. Number 20, a resolution ratifying the probationary civil service appointments of Charles Taylor, equipment operator, senior, grade 109N 12.815 hourly in the Division of Water Quality, effective July 20, 2009. Jamshid Baradar, deputy director of Building Maintenance, grade 121E $3,600 biweekly in the Division of Facilities and Fleet Management, effective July 13, 2009; approving the probationary community corrections officer appointment of Angela Mullins, probation officer, grade 110N 16.062 hourly in the Division of Community Corrections, effective July 20, 2009. 21, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a service agreement with the Lexington-Fayette County Health Department for health data surveillance at no cost to the Urban County Government. 22, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a service agreement with West Government Services for database access at a cost not to exceed $4,500. 23, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute the Sixth Amendment to the professional services agreement with Patricia K. Howard to serve as the emergency medical services training coordinator for the Division of Fire and Emergency Services at a cost not to exceed $11,850. 24, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute and submit a grant application to the Kentucky Department of Juvenile Justice and to provide any additional information requested in connection with this grant application, which grant funds are in the amount of $18,000 federal funds under the Juvenile Accountability Block Grant Program and are for programs designed to promote greater accountability in the juvenile justice center system. 25, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an amendment to agreement with the Kentucky Office of Homeland Security for extension of the Metropolitan Medical Response Systems project through December 31, 2009, at no cost to the Urban County Government. 26, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an amendment to agreement with the Kentucky Office of Homeland Security for extension of the World Equestrian Games All-Hazards Hazards Disasters Preparedness Plan Project through November 30, 2009, at no cost to the Urban County Government. 27, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute the purchase of service agreements with Baby Health Services, $18,000; Big Brothers Big Sisters, $10,290; Bluegrass Community Action Council, $30,000; Bluegrass Domestic Violence Program Incorporated, $75,000; Bluegrass Rape Crisis Center, $75,000; Bluegrass Technology Center Incorporated, $3,000; Center for Women, Children, and Families, $50,000; Chrysalis House Incorporated, $40,000; Bluegrass Comprehensive Care Center, $314,750; Community Action Council, $180,000; Hope Center Incorporated, $740,000; Mash Services of the Bluegrass Incorporated, $158,000; Moveable Feast Lexington, $40,000; Nursing Home Ombudsman Agency of the Bluegrass Incorporated, $50,000; Salvation Army, $2,000; and Sunflower Kids, $25,000, ser- to provide services to the public at a cost not to exceed $2,009,040. 28, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute, uh, on behalf of the Lexington-Fayette Urban County Government and the Lexington-Fayette Urban County Government Public Facilities Corporation to execute a deed and any other necessary documents to transfer property located at 125 Cisco Road, also known as 1135 Red Mile Road, Red Mile Place, Lexington, Kentucky, from the Pas- Public Facilities Corporation to the Lexington-Fayette Urban County Government. 29, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an agreement with Port Royal Neighborhood Association Incorporated, $500 for the Office of the Urban County Council at a cost not to exceed the sum stated. Number 30, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute and submit a grant application to the Kentucky Infrastructure and Authority, and to provide any additional information requested in connection with this grant application in the amount of $14,600,000 for low-interest loans to facilitate the Lower Cane Run Pump Station and Expansion Area One projects. 31, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute and submit a grant application to the Con- Environmental Protection Agency Climate Showcase Communities and to provide any additional information requested in connection with this application for upgrading aeration blowers and controllers, controls at the West Hickman Town Branch Waste Water Treatment Plants. Number 32, a res- ... a resolution authorizing and directing the mayor on behalf of the Irvin County government to execute a 100-day option to purchase agreement renewable for an additional 60-day period with Hudson Circ II LLC for a property located at 1975 Russell Cave Pike at a cost not to exceed $5,000 for the initial 100-day period to, for the option to purchase, and an additional $5,000 if the option to purchase is renewed. Do you, do you have Council Member Lawless's resolution now? I, I have a, a heading. Um, I have a heading that I can give first reading and then do you want to put a, have another motion for it to get second, or do you w- did this- Well- ... want to be- Well- ... did it wanna be included in the other motion? Let's, um ... Sure. Let's, uh, let's give it ... Let's just wait a minute. We'll take care of what's on the table right now. A motion to approve items one through 32 would be in order. Second. Have a motion by Council Member Stennet, second by Council Member Crosby to approve items one through 32. Any discussion? Let's proceed to vote then. Those in favor, please vote aye electronically. Those opposed, vote nay electronically. And Madam Clerk, please call the roll. Mr. Ellinger. Yes. Miss Feigl. Yes. Miss Gorton. Aye. Mr. Gray. Yes. Miss James. Yes. Mr. Lane. Yes. Miss Lawless. Yes. Mr. Martin. Yes. Mr. Stennet. Yes, ma'am. Mr. Beard. Aye. Mr. Blues. Yes. And Miss Crosby. Not yet. Thank you. Thank you very much. Those resolutions are approved. Now we, I think, need to give first reading to Council Member Lawless's, uh, resolution number 33. Resolution Number 33, a resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute an agreement with the Kentucky Classical Theater Conservancy for Summerfest at a cost not to exceed $10,000. Do I hear a motion to suspend the rules for purposes given that second reading? So moved. So moved. Have a motion by Council Member Wallace, second by Council Member Beard. Uh, any discussion? Those in favor of giving second reading to that item, please indicate by saying, "Aye." Aye. Opposed, "No." Motion carries. Madam Clerk. Resolution number 32 for second reading. A resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute an agreement with the Kentucky Classical Theater Conservancy for Summerfest at a cost not to exceed $10,000. Thank you. Um, do I hear a motion to approve that item? So moved. Yeah. Council Member Law-... uh, Lane has moved to approve that item. Council Member Crosby has seconded it. Any discussion? Seeing none, let's vote. Those in favor of the resolution, please indicate by voting aye electronically. Those opposed, vote nay electronically. And Madam Clerk, please call the roll. Mr. Ellinger. Yes. Miss Feigl. Yes. Miss Gorton. Aye. Mr. Gray. Yes. Miss James. Yes. Mr. Lane. Yes. Miss Lawless. Yes. Mr. Martin. Yes. Mr. Stennet. Yes, ma'am. Mr. Beard. Aye. Mr. Blues. Yes. And Miss Crosby. Not yet. Thank you. Thank you. Those, that resolution is unanimously approved. The next item on the agenda is, uh, the communications from the mayor. Is there a motion to approve? So moved. Second. Council, Council Member Elling-... uh, Crosby has moved to approve. Vice Mayor Gray has seconded the motion. Any discussion? Oh, Council Member Beard. I, I really don't remember what, what we decided to do about the one individual from... Are we going to head, are we going ahead and approve it or? Correct. We voted on it and, uh- I know we talked, bounced around a little bit. Uh, we voted on it, and the motion to amend it was, uh, uh, defeated. Okay. Any further discussion? Those in favor then of approving the communications from the mayor, please indicate by saying, "Aye." Aye. Opposed, "No." Motion carries. There's some communications from the mayor for information only. Uh, that takes us down to announcements. Are there any? Mayor. Yes, sir. I don't know if I have an announcement, but I, I know we've had some confusion up here tonight about when we can and can't explain our votes, and I know the parliamentarian was trying to explain that if, if we could ask him possibly between now and we come back from the, um, our council break, just to give us, uh, his ruling on what we can and can't do so we can kind of keep it consistent up here, I would appreciate that. Be glad to. As long as everybody reads it and abides by it. Be glad to. thank you. 'Cause I hate to be the bad guy every time. And anyone can enforce the rules. It does not just have to be me. Well, a- a- and, and that's a valid point. I mean, the, nobody wants to be the bad guy in terms of enforcing the rules, but if the rules aren't working effectively, then let's change them. And if they are working effectively, then let's enforce them. So, uh, I appreciate parliamentarian's dilemma, but we need, we all need to do a better job, myself included, in enforcing them uniformly. Now, I think ƒ100 had a, a cricket stick he concluded might do better. That would probably work more effectively. Yeah. Any announcements? Uh, further announcements? Any comment? Anyone wish to address the council? Do I hear a motion we adjourn? So moved. Second. Council Member Stennet's moved we adjourn. Council Member Crosby has, uh, seconded the motion. All in favor, please say, "Aye." Aye. All opposed, "No." Motion carries. Thank you.