Thank you all. Good evening. Greetings. I rarely get to use that gavel to call the meeting to order, but I thought with a good crowd like we have tonight, it'd be a good thing to do, worthwhile. Thank you and welcome. This is a meeting of our council. We have a good crowd here tonight, and we have a lot of issues on our agenda. we have a lot of we have a our routine issues and then we have other issues other matters i think that a good number of you are here tonight with um from council member myers district and the matter relating to Council Member Myers District will be addressed during the announcements portion of our meeting. That means that there's a lot of other things that we have to go through, regrettably, so we hope you all will be patient with us tonight so we can get through this, the whole meeting. We will also have a matter related to the Planning Commission that we would like to address. during the either mayor's report or announcements, if that's all right. Council's had a long day already and a lot of meetings, and we all appreciate that. All right. So what that amounted to was calling the meeting to order. We do have two proclamations to present tonight. and so if you all will allow me, I will walk around to the podium for those presentations. Oh, yes, that's a good idea. Oh, I was God ahead of myself, you all. Forgive me. We've got to do the roll call and we have an invocation. So, Madam Clerk, would you call the roll, please? Yes, sir. Mr. Sennett. Mr. Beard. Mr. Blues. Ms. Crosby. Mr. Ellinger. Mr. Farmer. Mr. Ford. Ms. Gorton. Ms. Henson. Mr. Kaye. Mr. Lane. Ms. Lawless. Mr. Martin. Mr. McCord. Mr. Myers. Thank you. Thank you. Thank you, Susan. Thank you, Madam Clerk. And next importantly on our agenda is our invocation. And it's a special privilege, as it is every week, to introduce a member of our local clergy. And representing our local clergy tonight is the president of the Lexington Theological Seminary, Charisse Gillette and many of you know the history of the Lexington Theological Seminary but if I can ask Charisse if you would share with us before your invocation just a little bit of that wonderful history thank you I'll warn you in another life I was an admissions counselor but I will make it brief. Lexington Seminary has been a part of this community for 150 years and our mission is to prepare faithful leaders for both church and society. We are in covenant with the Christian Church Disciples of Christ and we view our role as helping to train and educate both clergy and lay leaders so that at the end of the day we can help people care for their souls in the best of times and in the worst of times. I invite you to visit with me at Lexington Seminary. We're directly across the street from the University of Kentucky Law School for more information. So I'll ask everyone then to stand for the invocation. And if we could be in an attitude of prayer, please. This is a prayer and a blessing for the work of the urban county government. Good evening, Mr. Mayor and Council members. It is a privilege to be with you and offer these words of thanksgiving and blessing for the work and leadership of the Council. I offer these words for your leadership in this body and for the family, friends, and colleagues who support you in this worthy endeavor. Let us pray. For the gifts of conscience and purpose which compel your service, we give thanks. For the gifts of intellect and wisdom which strengthen and frame your deliberations, we give thanks. For the essential spirit of collaboration and compromise which make your work possible, we give thanks. For faithful support of family, friends, and colleagues, we give thanks. for your personal integrity and faith, which permits you to act honestly and with compassion for this community in all matters before this body. We give thanks. Mr. Mayor and Council, we wish you well in your deliberations this evening. And on behalf of our community, we give thanks, we give thanks, we give thanks for your leadership. grace and peace to each of you. Amen. Thank you. Thank you so much, Charisse. All right. Now, if you'll allow me to go around to the podium for the presentations, please. Thank you. Thank you, Hillary. All right, we have two proclamation presentations tonight, and the first of those two is recognizing a pair of public health heroes. Each year, the Lexington Fayette County Board of Health recognizes individuals who have demonstrated their dedication to improving the health of Lexington residents. The awards are given each April as part of National Public Health Week. That's April 2nd through the 8th. And this year the board has chosen two members of our community, and I'd also like to honor them with a proclamation on behalf of the city in recognition of their commitment to community wellness by declaring today, April 12th, 2012, as Public Health Heroes Day. And our first honoree is Vicki Blevins. Vicki is the program director of Kentucky Pink Connection, a nonprofit organization that helps link women to the screening, diagnosis, and treatment of breast cancer. Now in its fourth year, the program has helped more than 3,000 women. Vicki is active at health fairs and shares information about breast cancer options all around the community. She's also been part of a grassroots group developing a plan for a mobile mammography van for Central and Eastern Kentucky. So I'd like to invite Vicki up front, and while she's coming up front, let's give her a big hand. Thank you. Wow. This is great. Thank you. And now, after this, come right on up here. Yes, ma'am. Say a few. I just want to say a few. Well, on behalf of our board and our staff, we are so appreciative. I just wrapped up our annual report, and I'm glad to report we navigated 1,080 women this past year, 410 in our Fayette County. 300, we navigated to our health department. We have a great relationship with the health department, and we are so glad that we have a place to send women needing screenings. It's just been a wonderful relationship, and I thank Dr. Leach and the Fayette County Health Department for this award. Thank you. Thank you. Thank you. Thanks again, Vicki. Now, also here tonight from the Health Department is our Commissioner of Health, Dr. Rice Leach, and I'd like to invite Bryce up for a few words. Oh, there's another one first. I got ahead of myself. There we go. That's right. And this one is really important. So thanks for correcting me, Bryce. Our next public health hero is one of our very own Council Member Jay McCord. Now, so many of you know that Jay McCord, Council Member McCord, helped create, he was really the inspiration, the architect behind the Second Sunday Program, which encourages all forms of physical activity in an effort to promote better health. He's universally present on these issues. The event itself began in June 2008 with the participation of 70 counties, and it grew to 115 counties in 2010. Jay also created the Healthways Task Force to help Lexington and other communities understand how to build trails to achieve better health. And, of course, he's been an involved integral force behind more than 15 miles of trails in his time on the council and including the Legacy Trail. Let's give him a big hand and everybody on this one stand up, too, because we know this guy's worked real hard. Thank you. So, well, first off, I want to thank you for the honor from the Board of Health, but Council Member Henson, thank you for your nomination and Council Member Stenet for your advocacy for this. And, you know, you never do anything alone. There's no way this would have been done, any of this stuff would have been done without so many other folks. And they're represented at this time and this award. You know, I started every speech for the last eight years as it related to health, wellness, and building stuff with you never look down on a day of small beginnings. And we started with very small objectives and started moving to 30,000 feet pretty quick. And the sole task that I kind of set out to do was change the culture of this town. And you're looking, when we talk about heroes, and that's a funny word to have thrown around about you and so forth, I want to tell you who's my hero. And I want to tell you who's my inspiration. It's my daughter, Riley. And see, Riley was born right when I started council. And you can spend your life in this job answering barking dog complaints and patching potholes and not really ever accomplishing a whole heck of a lot. And so I set out to do something that she would be proud of and spend my energies on things that would make this city a little bit better. But every single day we pass one of the trails that we built over in Wellington Park. And I tell Riley, I ask her, why did we do this? Why did we do this? I'm going to let her tell you why we did what we did with Trails and with Second Sunday. Lean in with the mic if you don't mind. He did it for me, my friends, and people will never know just to be healthy. And the bottom line to it is, gang, that we all have a legacy. And there's an important part right now of what's your health legacy. What are you doing, council member colleagues, what are you doing to make people's lives healthier, your own life healthier? What are we doing as a community? And that's what all this is about is so that this generation and future generations have a healthier Lexington to live in, a healthier Kentucky, and a healthier nation. And we've got a lot of work to go. So, again, thank you, Board of Health, and thank you all for letting me have a little bit of time to explain why we do what we do. Thank you. Thank you. Thank you, Jay. Thank you, Councilman McCord and Riley. Now I get to introduce Commissioner of Health, Dr. Rice Leach. Most folks in this room, behind the council horseshoe, as we call it, know Dr. Leach really well. and I want to invite Rice up to share a little bit more about the significance of this week. Thank you very much, Mayor Gray and Council. I'm not going to take but a second, but how do you wrap up what these folks have done? And I decided I probably ought to tell you what some people think public health is because when I came back home from Surgeon General's office and said I'm Commissioner of Health for the state, My buddies in Louisville said, that's great, what the hell you do? A health problem becomes a public health responsibility if or when it is of such character or extent as to be amenable to solution only through systematized social action, like what these two representatives of the community have done. These things that they do wouldn't happen without them. So Vicki Blevins and the Pink Connection and Jay McCord and Second Sunday have been recognized because they're part of a group action that makes that kind of difference. Now the mayor told you about her involvement, but what you probably don't know is part of breast cancer screening means you got to get to the clinic. And I've seen her on Saturdays either arranging for taxis or driving people who would never get screened if they couldn't get to the place in the first place. That's just as important as the surgeon in this kind of process. And on this second Sunday in the Horse Park Trail, that helps scores of folks. And I want to remind you, there's a sign at the Y in Frankfort where I drag this old carcass to try to hang on to what's left. And it says, no matter how slow you are, you are lapping the couch potatoes. And when I drive home to Frankfurt every afternoon, I see a lot of people lapping couch potatoes. Some of them look like Spider-Man going 100 miles an hour on a bike, and some of them are dragging themselves along, but they're all doing what he wanted to have done. Quick comment about our community plan put together by businesses, health care, education, and service communities. They think the things that are the most important for health in Lexington are safe neighborhoods where you can exercise. Where you can play. Where you can play basketball instead of worshiping the goalposts. Unemployment. What can health do to reduce unemployment by getting people able to work in the first place and keeping them able to? And then obesity. And then the last thing I wanted to tell you is that the work these two have done and their organizations typifies something I learned when I worked for the American Indians. And that is, there is no such thing as your side of the canoe is leaking. These folks are helping us go forward, and I really appreciate it. Thank you. Thank you. We need to take a quick photo, Hillary says. So Vicki and Jay and Dr. Leach, come on over. Thank you. All right, our second presentation tonight, of two, is for National Animal Care and Control Officers Appreciation Week. These extraordinary men and women in animal care and control make our community a safer place and protect both our people and our pets from harm's way. Just as in our other public safety divisions, this can at times be a dangerous, a very dangerous job, as we're aware of on Tuesday when one of our own officers, Sergeant Ashley Browning, was injured when she was attacked trying to corral a stray dog. We're happy to report that Sergeant Browning has since been released from the hospital and is resting comfortably at home. That was good news. We have tonight with us from the Lexington Fayette Animal Care and Control, with us tonight Captain Tim Mitchell, Sergeant Jared McGuffey, Lieutenant Lee Agee, Officer Dustin Brown, and Technicians Diane Wolfolk, Dane Webb, and Tommy Herod. And we're proud to recognize our Animal Care and Control Officers with a proclamation declaring this week, Animal Care and Control Officers Week, and I'm going to present this proclamation to Captain Tim Mitchell. Tim, come on up here, buddy. Thank you, sir. Thank you. Now clap. Thank you. I really don't like speaking on microphones, so bear with me. Lexington Fed Animal Care and Control with the Lexington Marine Society, I humbly accept this proclamation on behalf of our Division Chief. Chief Bowling apologizes for not being able to attend. Such a nice presentation from the mayor and the LFUCG personnel. It is our goal to provide the best humane animal care and control services to our citizens and animals of the community. This would not be possible without the partnership between LFECG, the Lexington Humane Society, and the great community we live in. Thank you. Thank you. Thank you. Do I present this to Mr. Buffy? We'd also like to honor Sergeant Browning with an outstanding citizen award for her extraordinary courage displayed while protecting our community, and Sergeant Jared McGuffey will accept on her behalf and say a few words. So, Jared, come on up here, buddy. Yep, that sounds like you. They didn't tell me I had to talk. But I'm sure if she was here, she would appreciate this, and we appreciate everything you guys have done for us. Thank you. You're part of the COVID-19. Is there a number 48 or 80? It's a different world. If everybody wants to come up. Thank you. Thank you. that the Council is reviewing and considering for passing or not. So, Madam Clerk, would you please give us the second reading of ordinances? Thank you. Ordinance number one, an ordinance changing the zone from an agricultural rural AR zone to a planned neighborhood residential R3 zone for 1.56 net, 2.04 gross acres, with a conditional use permit for property located at 1420 Greendale Road, subject to certain use restrictions imposed as conditions of granting the zone change victory Apostolic Church. Number two, an ordinance amending section 2152 of the Code of Ordinances abolishing one position of Enterprise Systems Developer Senior, Grade 118E, and creating one position of HCM Manager Enterprise Solutions, Grade 119E, in the Division of Enterprise Solutions, appropriating funds pursuant to Schedule Number 61, effective upon passage of counsel. Number three, an ordinance amending section 235A of the Code of Ordinances abolishing one position of sworn police captain, grade 318E, and creating one position of sworn police lieutenant, grade 317E, in the Division of Police, and appropriating funds pursuant to Schedule No. 63. No. 4, an ordinance submitting Section 2252 of the Code of Ordinances, increasing the salary of the coroner by 2 and 9 tenths percent from 66,207.96 to 68,169.40, effective retroactive to January 2, 2012. Number five, an ordinance creating Section 13-54.1 of the Code of Ordinances related to regulated scrap material to define ferrous metal, HVAC, non-ferrous metal, plastics, regulated scrap material, scrap metal dealer, scrap metal seller, scrap metal dealer's license, scrap metal. I thought you were going to stop us. There are several motions on this one before she reads. All right. So I'll recognize Madam Clerk and I'll recognize Mr. Stennett. Thank you, sir. Bear with me. There are eight different motions, Council, to clean up what was passed out on Tuesday, and all the underlying sections have to be incorporated, which the majority of are from the state law, as well as what changes were made a month ago at the committee level, and you have a copy of all of it on Tuesday. Moving forward, again, this is a material change, so we'll also have to have a new first reading on this ordinance so there will not be a second reading tonight unless Council suspends the rules. I move to amend Section 4-4 of the scrap metal ordinance to replace the word third with the word second. This change is necessary to be consistent with the changes made to 4-1-A made by the General Government Committee, reducing the number of occurrences in a calendar year before a seller's license needs to be obtained from 3-2. I move to amend Section 5-2 of the scrap metal ordinance to replace the word third with the word second. This change is necessary to be consistent with the changes made to Section 401A made by the General Government Committee, reducing the number of occurrences in a calendar year before a seller's license needs to be obtained from 3 to 2. I move to amend Section 71D of the scrap metal ordinance to change the word 3rd to 2nd. This amendment is needed to be consistent with the changes made by the General Government Committee in Section 401A, reducing the number of occurrences in a calendar year before a seller's license is needed to be obtained from 3 to 2. I move to amend Section 6 heading of the scrap metal ordinance to add the words, Buy a scrap metal dealer at the end of the heading. This change is necessary to clarify the retention of regulated scrap materials under this section applies to only scrap metal dealers. I move to amend Section 8-2 of the scrap metal ordinance to delete the words, and no payment is made to the person from whom the material is collected by the person or agency collecting the material and replace it with the phrase from a manufacturing, industrial, or other commercial vendor that generates regular scrap materials in the ordinary course of business. This change is necessary to clarify that licensed waste haulers are not required to obtain a seller's license when hauling waste containing regulated scrap materials in the ordinary course of business. I move to amend Section 2.6 of the Scrap Metal Ordinance to create a definition for restricted metals. This change is necessary so the Scrap Metal Ordinance is not less restrictive than a state statute. I move to amend Section 5 of the scrap metal ordinance to create subsection 15 of the scrap metal ordinance to create a payment procedure for the purchase of restricted metals by scrap metal dealers. Again, this change is necessary so the scrap metal ordinance is not less restrictive than the state statute. And last but not least, I move to amend Section 9-1-D of the scrap metal ordinance to increase the maximum fine from $200 to $250. This change is necessary to the scrap metal ordinance so that it is not less restrictive than the state statute. So move. Thank you, Mayor. Second. Motion by Council Member Stennett, second by Council Member Henson. Is there any discussion on the motion? Council Member Martin. So for the clerk, do we have eight motions or one motion? I don't know that answer. Can we just consider that as all just one motion? That's what we were trying to do, unless you want to vote on each one of them separately, and that's fine. I mean, either way. No, I missed that conversation. So the answer to that is that that is? It is fine. I mean, as long as there's not, you know, is there a problem with any of the specific sections being removed? All right. So this is a motion to amend. And where does this take us in terms of the second read? It requires a new first reading, Mayor. It would require a new first read. Okay. I don't know if everybody understood you when you introduced that, Council Member Stenet. So I think all the council members understand the effect of the vote. If this motion passes, then what would typically happen is I would go ahead and just give it a new first reading since we're on this subject. and then it would appear at the next council meeting on the agenda again for second reading as amended. All right. Okay. So is there any further discussion on the amendment motion to amend? All right. Hearing none, we can take a vote, a voice vote. All in favor, please indicate by saying aye. Aye. Opposed, no. Motion carries. All right. Madam Clerk. Okay, number five, as amended for first reading. An ordinance creating section 13-54.1 of the Code of Ordinances related to regulated scrap material to define ferrous metal, HVAC, non-ferrous metal, plastics, regulated scrap metal, restricted metals, scrap metal dealer, scrap metal seller, scrap metal dealer's license, scrap metal seller's license, transport vehicle and vehicle, creating Section 13-54.2 of the Code of Ordinances related to regulated scrap material to create the application and review process for the scrap metal dealer's license, creating Section 13-54.3 of the Code of Ordinances related to regulated scrap material to create the license application and review process for scrap material seller's license, creating Section 13-54.4 of the Code of Ordinances related to regulated scrap material to define the administrative requirements of a scrap metal dealer, creating Section 13-54.5 of the Code of Ordinances related to regulated scrap material to create the retention requirements for purchased regulated scrap material, creating Section 13-54.6 of the Code of Ordinances related to regulated scrap material to define prohibited purchases by a scrap metal dealer, creating Section 13-54.7 of the Code of Ordinances related to regulated scrap material to provide for exemptions to the scrap metal seller's license requirement, creating Section 13-54.8 of the Code of Ordinances related to regulated scrap material to provide for penalties for violations of this section and to provide for any appeals process for anyone affected by this section. And this one will appear back on the docket for second reading at the next Council meeting. And now would you like for me to continue on with Number 6? Please continue, yes, ma'am. Thank you. Number six, an ordinance submitting certain of the budgets of the Lexington-Payton County Government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds, Schedule number 62. And we just need to make sure that we reflect that the motion for approval is for items one through four and six. Motion approved. All right. Thank you, ma'am. There's a motion by Council Member Ellinger to approve, a second by Council Member Blues. Is there any discussion on the motion? All right. Then I'll ask the clerk to please call the roll. Mr. Stennett? Yes, ma'am. Mr. Beard? Aye. Mr. Blues? Yes. Ms. Crosby? Yes. Mr. Ellinger? Yes. Mr. Farmer? Aye. Mr. Ford? Yes. Ms. Gorton? Aye. Ms. Henson? Yes. Mr. Kay? Yes. Ms. Lawless? Yes. Mr. Martin? Yes. Mr. McCord? Yes. And Mr. Myers? Yes. Thank you. Thank you, Susan. Thank you, Madam Clerk. The vote reflects passage of the ordinances. When it's convenient, when you're ready, when you're ready, Madam Clerk, Please continue with the first reading of ordinances. Ordinance number one, excuse me, seven. Sorry about that. An ordinance creating a neighborhood design character overlay ND1 for 113.87 plus or minus net 150.90 plus or minus gross acres to preserve existing neighborhood character for properties located at 200 through 368 Boiling Springs Drive, 207 through 291 Burke Road, 1443 through 1602 North Forbes Road, 216 through 352 Glendale Avenue, 212 through 353, 357 and 361 Hillsboro Avenue, 212 through 329 Larch Lane, 11519 through 1649 Old Leastown Road, Odd addresses only, 310 through 331 Leona Drive, 1456 through 1650 Meadowthorpe Avenue, 1541 and 1545 Penrod Drive, 215 through 267 Pepper Drive, 209 through 340 Taylor Drive, and 1442 through 1509 Townley Drive, Urban County Planning Commission. Number 8, an ordinance amending Section 2318 of the Code of Ordinances related to firefighter recruitment to delete the award preference points for EMT and paramedic certifications in Sections 1F4. Number 9, an ordinance amending Section 235A of the Code of Ordinances abolishing one position of sworn police captain, Grade 318E and creating one position of sworn police lieutenant Grade 317E in the Division of Police, appropriating funds pursuant to Schedule No. 65. No. 10, an ordinance granting a waiver to the Richmond Road Landscape Plan, Ordinance No. 213-83 for 2299, 2349, and 2399 Richmond Road. No. 11, an ordinance submitting Section 1 of Ordinance No. 13-2012 relating to discharges of surface or groundwater into the urban county sanitary sewer system to correctly identify the article of Chapter 16 of the Code of Ordinances within which sections, 16-111, 16-112, 16-113, 16-114, and 16-115, were created as Article 11, Number 12, an ordinance creating Section 1840 of the Code of Ordinances of Lexington-Fayette Urban County Government prohibiting the use or operation of any engine brake, compression brake, or mechanical exhaust device designed to aid in the braking and deceleration of any vehicle which results in a noise disturbance except on limited-access highways, and establishing a fine for an offense of not less than $50, no more than $500 for each offense, all effective on July 1, 2012. Number 13. And ordinance amending sections 18A1, 18A2, 18A3, 18A4, 18A5, 18A7, 18A8, 18A9, 18A10, 18A11, 18A13, 18A14, 18A15, 18A16, 18A17, 18A18, 18A20, 18A21, and 18A24. renumbering 18A25 as 18A26 and amending the same and creating 18A25 of the Code of Ordinances relating to vehicles for hire 2. Correct capitalization. Broaden what is included as compensation in the definition of taxicab. Define fare. Permit a designee of the Commissioner of Public Safety to hear appeals of denials of taxicab permits. Require that changes in the number of vehicles be reported, provided that renewal shall be done each fiscal year, increase the fee for a driver to transfer to another company to $15, require that the driver report the transfer within 10 calendar days and provide for suspension of the driver's permit if the driver fails to report the transfer, permit a designee of the Commissioner of Public Safety to accept applications for driver's permits, increase the application fee for a driver's permit to $25, Permit a designee of the Commissioner of Public Safety to hear an appeal if an application for a driver's permit is rejected and require that such a hearing be requested within 14 days of the rejection. Increase the number of days a driver's permit may be suspended by the Chief of Police to 365 days, 365, excuse me, and require that a hearing before the Commissioner of Public Safety or his designee concerning suspension or revocation of a driver's permit be requested within 14 days. Permit a designee of the Commissioner of Public Safety to suspend or revoke a driver's permit for failure to comply with urban county, state, or federal laws. Permit a designee of the Commissioner of Public Safety to establish random intervals for inspection of vehicles, providing for biannual inspections, provide that magnetic placards are not considered to be permanently affixed to a vehicle for identification purposes, and that a light shall be placed on top of a vehicle identifying it as a taxi. require that a vehicle not meeting the requirements for vehicle identification to be taken out of service until it is in compliance increase to seven days to the time by which a vehicle with a modified design for a special event must be returned to its original color scheme and insignia. Provide that during a traffic stop by law enforcement a fare shall not be assessed fees during the duration of the traffic stop. Require that the name of the driver appear on a receipt. Require the Division of Police to issue a citation upon discovering a violation of Chapter 18A. Permit law enforcement to conduct random compliance inspections on taxicabs when a taxicab is occupied only by the operator. Require the officer to issue a citation if violations are found. Require that the taxicab be placed out of service if the violations cannot be immediately remedied. Provide that only the Commissioner of Public Safety or a designee may place a taxicab back into service. require the driver to secure alternate transportation for a fare if a fare is present when a taxicab is taken out of service, and provide that a fare shall not be responsible for any fees incurred up to the point of the taxicab being placed out of service. Provide for service 365 days a year. Provide for the driver's picture identification to be visible in taxicabs, and increase the minimum fine to $100 and permit imprisonment for up to 30 days for violation of the provisions of Chapter 18A. Number 14. An ordinance amending Section 1 of Ordinance No. 158-2011, amending the schedule of meetings for the Lexington-Faylor-Urban County Council for the calendar year 2012 to change the date of the Planning and Public Works Committee meeting scheduled for June 12 to June 19 to change the date of the Budget and Finance Committee meeting scheduled for June 19 to June 12 at 9 a.m. to cancel the Social Services and Community Development Committee meeting scheduled for June 12 to add Committee of the Whole meetings on April 26 at 3.30 p.m., May 29 at 1 p.m., and June 7 at 3 p.m. and to change the time of the Quarterly Committee of the Whole meeting scheduled for May 17 to 3 p.m. Number 15, an ordinance amending certain of the budgets of the Lexington-Fadon County Government to reflect current requirements for municipal expenditures in appropriating and reappropriating funds. Schedule number 64. Thank you. Thank you. Thank you, Madam Clerk. Are there any motions? All right. If none, we can move on to a second read of the resolutions. Whenever you're ready. Resolution number one, a resolution accepting the bid of Clanch Construction on the amount of $184,000 for Green Acres Hollow Creek Stormwater Treatment Units for the Division of Water Quality and authorizing the mayor on behalf of the urban county government to execute an agreement with Clanch Construction related to the bid. Number two, a resolution accepting the bid of Hawk Company establishing a price contract for luminescent dissolved oxygen analyzer with digital controller for the Division of Water Quality and authorizing the mayor to execute any related agreement. Number three, a resolution accepting the bids of Kentucky Service Company, Inc., and Morgan Electric Motor Sales and Service, Inc., establishing price contracts for repair replacement of electrical motors, pumps, and submersible pumps for the Division of Water Quality and authorizing the mayor to execute any related agreements. Number four, a resolution ratifying the unclassified civil service appointment of Glenn Brown, administrative officer, grade 118E, 2008-84-62, biweekly in the office of the chief administrative officer, effective March 12, 2012. Number five, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a catering contract with the Hyatt Regency Lexington for catering services for the senior intern luncheon at a cost not to exceed $5,500. Number six, a resolution authorizing and directing the mayor on behalf of the urban county government to execute a professional services agreement with Victoria Nash as a sexual assault nurse examiner to provide on-call forensic examinations under the sexual assault nurse examiner program at a cost not to exceed $40 for each scheduled on-call period, $230 for each completed forensic examination, $50 per case for professional testimony in court, and the reasonable cost of medical liability insurance. Number seven, a resolution authorizing the mayor on behalf of the Irvin County Government to execute change order number four to the contract with Woodall Construction Company, Inc. for construction of the Clay's Mill Road Improvements Project, increasing the contract price by the sum of $18,487.72 from $3,655,884.57 to $3,674,372.29. Number eight, a resolution authorizing the mayor on behalf of the urban county government to execute a memorandum of understanding with the Knoxville Police Department for a ride-along program at no cost to the urban county government. Number nine, a resolution authorizing the mayor on behalf of the urban county government to accept a donation in the amount of $2,500 from the Lexington Convention and Visitors Bureau for the Sweet 16 basketball tournament to be held in Lexington, Kentucky, March 14-17, 2012. Number 10, a resolution authorizing the mayor on behalf of the Urban County Government to accept a donation in the amount of $2,000 from the Kentucky High School Athletic Association for the Sweet 16 basketball tournament to be held in Lexington, Kentucky, March 14-17, 2012. Number 11, a resolution approving the granting of an inducement to a great American brand doing business as A&W Restaurants, incorporated it pursuant to the Kentucky Business Investment Act, created by House Bill 3 of the 2009 Extraordinary Legislative Session, whereby Lexington-Payette Urban County Government agrees to forego the collection of 1% of the occupational license fees that would otherwise be due to it, which shall be retained by a Great American Brand Doing Business as A&W Restaurants Incorporated for a term of not longer than 10 years from the activation date established by the Kentucky Business Investment Program, subject of limitations contained in the Kentucky Business Investment Act and any agreement. A Great American Brand Doing Business as A&W Restaurants Incorporated has, with the Kentucky Economic Development Finance Authority, related to the project and taking other related action. Number 12, a resolution initiating a text amendment to Section 13-4B, four of the zoning ordinance to replace the member of the Historic Preservation Commission nominated by the Board of Land and Nature Trust with a member nominated by the Bluegrass Conservancy. Number 13, a resolution authorizing the mayor on behalf of the Irvin County Government to execute agreements with YMCA of Central Kentucky, $650, and Glendover Neighborhood Association, $300 for the office of the Irvin County Council at a cost not to exceed the sums stated. Number 14. A resolution authorizing the Mayor on behalf of the Urban County Government to execute Change Order No. 1 to the contract with Burdette Construction, Inc. for relocating and reassembling of the Warfield Playstone entrance wall, increasing the contract price by the sum of $7,395.20 from $59,730 to $67,125.20. Number 15, a resolution authorizing the mayor on behalf of the Irvin County Government to approve the renewal of an agreement with Omnisource Integrated Supply LLC for temporary employees at the Division of Emergency Management 911 at a cost not to exceed $30,000. Number 16, amending Resolution No. 92-2012 to change the name of the sole source entity from which the equipment is being acquired from Thermo Fisher Scientific to Ara Scientific. Number 17, a resolution authorizing a direct to the mayor on behalf of the urban county government to execute a memorandum of agreement with the University of Kentucky College of Social Work and Martin School of Public Policy and Administration for conducting a needs assessment for the partner agency funding process at a cost not to exceed $35,000, provided that funds are budgeted for FY 2013. Number 18, a resolution authorizing and directing the mayor on behalf of the urban county government to execute an amendment to agreement with the Kentucky Transportation Cabinet for extension of the Town Branch Trail Phase 3 project through June 30, 2013 at no cost to the urban county government. Number 19, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute supplemental agreement. Number one to the agreement with the Kentucky Transportation Cabinet for design and construction of the Isaac Murphy Memorial Garden to permit the Urban County Government to use $117,902.25 of the grant funds as the local match for the Legacy Trail Enhancements Project. Number 20, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an agreement with the Kentucky Transportation Cabinet for $589,511.25 for infrastructure improvements for the Legacy Trail Enhancements Project. 21. A resolution authorizing the Mayor on behalf of the Urban County Government to execute an addendum to the agreement granting additional responsibility pursuant to KRS 198B.060 Subsection 5 with the Commonwealth of Kentucky Department of Housing, Buildings, and Construction specifying the enforcement responsibilities within Lexington Fayette County at no cost to the urban county government. Twenty. A resolution authorizing and directing the mayor on behalf of the urban county government to accept a grant from the Kentucky Transportation Cabinet, which grant funds are in the amount of $335,200. FHWA Planning, $48,400. Federal Transit Administration, Section 5303. $102,000. Mobility Office, SLX. $54,000. Air Quality Planning, SLX. $67,200. Congestion Management SLX and $52,800 Bike Ped Planning SLX. Federal funds are for the Division of Planning Unified Work Program FY 2013, the acceptance of which obligates the Irvin County Government for the expenditure of $62,850 FHWA Planning, $12,100 Federal Transit Administration, $25,500 Mobility Office SLX, $13,500 Air Quality Planning SLX, $16,800 congestion management SLX, and $13,200 bike ped planning SLX as a local match, subject to sufficient funds being appropriated in FY 2013 and authorizing the mayor to transfer unencumbered funds within the grant budget. 23. A resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an agreement with Volunteers of America of Kentucky, Inc., for support of emergency housing for homeless families at a cost not to exceed $8,000. Twenty-four, a resolution authorizing and directing the mayor on behalf of the urban county government to accept a grant from the Kentucky Department of Military Affairs Division of Emergency Management, which grant funds are in the amount of $580,700 federal funds for continuation of the Chemical Stockpile Emergency Preparedness Program for FY2012, the acceptance which does not obligate the urban county government for the expenditure of funds and authorizing the mayor to transfer unencumbered funds within the grant budget. 20 and number 25, a resolution initiating zoning ordinance text amendments to authorize changes to the notice requirements for certain Board of Adjustment hearings and to include neighborhood or homeowners associations. Thank you, Madam Clerk. A motion to approve by Council Member Ellinger, second by Council Member Myers. Is there any discussion on the motion? All right. Hearing none, then I'll ask the clerk if she will please call the roll. Mr. Stennett? Yes, ma'am. Mr. Beard? Aye. Mr. Blues? Yes. Ms. Crosby? Yes. Mr. Ellinger? Yes. Mr. Farmer? Yes on all. Mr. Ford? Yes. Ms. Gorton? Aye. Ms. Henson? Yes. Mr. Kay? Yes. Ms. Lawless? Yes. Mr. Martin? Yes. Mr. McCord? Yes. And Mr. Myers? Yes. Thank you. Thank you, Madam Clerk. The vote reflects passage of the resolutions. and now we are ready for a first reading on resolutions and there is a motion to amend on number 28 I understand so at number 28 Council Member Blues will if you'll let him make a motion I'll be glad to stop right before that one so the motion can be made at the time if that's okay thank you thank you sir resolution number 26 a resolution accepting the bids of Kenway distributors Ballman Paper, Pyramid School Products, Expedix, Southfield, Unipack Corporation, Inner Borough, Packaging Corporation, AHP Products Corporation, and Southwest Jefferson Incorporated establishing price contracts for janitorial chemicals and supplies for various departments and divisions. Number 27. Hold on one second here. Come on, computer. 27, a resolution accepting the bid of Churchill-McGee, LLC, on the amount of $138,850 for structural repairs and exterior renovations to fire station number 5 for the Division of Fire and Emergency Services and authorizing the mayor on behalf of the Irvin County Government to execute any necessary agreement with Churchill-McGee. And number 28. Council Member Blues. Thank you, Mayor. I move to amend item number 28 under first reading resolutions resolutions pertaining to the bids and price contracts for mowing to substitute Wrights Farm Services, Inc., for J&S Turf Mowing, Inc. So moved. Motion by Council Member Blue, seconded by Council Member Farmer. Is there any discussion on the motion? Okay. Hearing none, we can take a vote. All in favor, please indicate by saying aye. Aye. Opposed, no. The motion carries. Resolution number 28, as amended for first reading. A resolution accepting the bids of B.J. Mowing, Central Kentucky Turf Incorporated, Gainesway Services, Galtz Lawn Care Incorporated, Happy General Contracting Maintenance, Wrights Farm Services Incorporated, Landscape Supply and Design, Lexington Turf Maintenance, Lex Lawn, LLC, Mow Edge Blow, SENA Lawn Care Services, LLC, Something Bloomin' Rights Home Improvement and Mowing, LLC, and ZKB Construction Services, LLC, establishing price contracts for mowing, city areas, medians, nuisance, and downtown parks for the Division of Parks and Recreation. Number 29. Okay. A resolution accepting the bid of Mitchell Construction Management, LLC, in the amount of $54,000 for exterior renovations up to fire station number 6 for the Division of Fire and Emergency Services and authorizing the mayor on behalf of the Urban County Government to execute any necessary agreement with Mitchell Construction Management, LLC. Number 30, a resolution accepting the bids of Apollo Oil Company and Elite Petroleum Incorporated establishing price contracts for 5W20 and 15W40 oil consumption for the Division of Facilities and Fleet Management. Number 31, a resolution accepting the bid of Truckers Lighthouse establishing a price contract for police emergency equipment lighting for the Division of Police. Number 32, a resolution accepting the bids of EMSCO doing business as OP Aquatics and Brintag Mid-South Incorporated establishing price contracts for swimming pool chemicals and for the Division of Parks and Recreation. Number 33, a resolution accepting the bid of Davis H. Elliott Construction Company, Inc., in the amount of $386,229.25 for fiber optic pathway and cable installation for the Division of Traffic Engineering and authorizing the mayor on behalf of the Irvin County Government to execute in the necessary agreement with Davis H. Elliott Construction Company, Inc. related to the bid. 34, a resolution accepting the bid of NTECH Building Services, Inc., establishing a price contract for custodial services, waste management for the Division of Facilities and Fleet Management. 35, a resolution accepting the bid of Republic Services of Kentucky LLC, establishing a price contract for crushed glass transport for the Division of Waste Management. Number 36, a resolution accepting the bid of uniforms, manufacturing, and incorporated established in price contract for rain suits for the Division of Waste Management. Number 37, a resolution accepting the bid of Safety Guard, International Incorporated established in price contract for disposable gloves for the Division of Community Corrections. Number 38, a resolution accepting the bid of hydro controls, incorporated established in price contract for fabricated stainless steel slide gates for the Division of Water Quality. Number 39, a resolution accepting the bid of Speedway LLC establishing a price contract for commercial fuel for the Division of Facilities and Fleet Management. Number 40, a resolution accepting the bid of Davis H. Elliott Construction Company Incorporated establishing a price contract for inductive loop vehicle detection and installation for the Division of Traffic Engineering. Number 41, a resolution accepting the bid of Accent Wire establishing a price contract for baling wire for the Division of Waste Management. Number 42, a resolution accepting the bid of Woodall Construction Company, Incorporated, in the amount of $422,020.08 for the Anniston-Wickland Capital Storm Sewer improvements, Phase 1 for the Division of Water Quality, and authorizing the mayor on behalf of the Irvin County Government to execute any necessary agreement with Woodall Construction Company, Incorporated. 43, a resolution accepting the bid of G&K Services, establishing a price contract for rental of entrance mats for the Division of Facilities and Fleet Management. 44. A resolution ratifying the probationary civil service appointments of Aaron Johnson, trades worker senior, grade 109 N, 15.605 hourly in the Division of Water Quality, effective April 9, 2012. Justin Mullenix, golf pro supervisor, grade 117 E, 1,972.64, bi-weekly in the Division of Parks and Recreation, effective April 9, 2012. Damon Griggs, Microcomputer Support Specialist, Grade 113N, 18.623L, in the Division of Waste Management, effective April 9, 2012. Mary Lyle, Human Resources Manager, Grade 119E, 2006-6415, biweekly in the Division of Human Resources, effective April 16, 2012. Ratifying the probationary sworn appointments of Christopher Toombs, Adam Moss, Jared Stump, Wesley West, Dwayne Tyree, Community Corrections Sergeant, Grade 112N, 23.190, Ireland, Division of Community Corrections, effective April 9, 2012, ratifying the permanent sworn appointments of Mark Brand, Police Lieutenant, Grade 317E, and the Division of Police, effective March 20, 2012, Thomas Perkins, Police Sergeant, Grade 315N, and the Division of Police, effective March 19, 2012, ratifying the unclassified civil service appointment of Mary Shea Raybold, administrative aid to the Mayor's senior, Grade 120E, 3192, 31, 1, biweekly in the Office of the Mayor, effective April 5, 2012. Number 45, a resolution authorizing the Division of Human Resources to make conditional offer to the following probationary civil service appointments. Raddy Danon, Equipment Operator Senior, Grade 109N, 14.836 hourly. In the Division of Waste Management, effective upon passage of counsel. Willie Meads, Equipment Operator Senior, Grade 109N, 18.851 hourly. in the Division of Waste Management, effective upon passage of counsel. Antoine Benton, Equipment Operator Senior, grade 109 N, 12.459 hourly in the Division of Waste Management, effective upon passage of counsel. James Stevens, Equipment Operator Senior, grade 109 N, 12.459 hourly in the Division of Waste Management, effective upon passage of counsel. Brad Pennington, Electrician, grade 114 N, 21.356 hourly in the Division of Water Quality, effective upon passage of counsel. Michael Smith, GIS specialist, grade 114 in, 18.844 hourly in the Division of Computer Services, effective upon passage of counsel. Authorizing the Division of Human Resources to make a conditional offer to the following unclassified civil service appointments. Stephanie Love, Child Care Program Aid Part-Time, grade 107 in, 10.691 hourly in the Division of Youth Services, effective upon passage of counsel. Authorizing the Division of Human Resources to make a conditional offer to the following unclassified civil service appointment of the Office of the Urban County Council. Mark Scott, Aid to Council, Grade 00E-000E-2089-60, biweekly in the office of the Urban County Council, effective upon passage of council. Number 46. A resolution authorizing the Mayor on behalf of the Urban County Council, excuse me, on behalf of the Urban County Government, to execute renewal leases with various Lexington-Vade Urban County Government employees for renewal of leases on parks-owned property for employees who perform security and maintenance duties. Number 47, a resolution approving pursuant to KRS 67.720 in Section 22-55.1 of the Code of Ordinance is the bond with surety of John Larson, county judge executive, in the amount of $10,000 in directing the Department of Law to record the bond with surety, along with a certified copy of this resolution in the Office of the Fayette County Clerk. Number 48, a resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute a supplemental agreement with Number 4 with the Kentucky Transportation Cabinet accepting the grant in the amount of $65,000 federal funds for the Loudoun Avenue Improvements Project. Excuse me. Approvement positive. The acceptance which does not obligate the urban county government for the expenditure of funds in authorizing the mayor to transfer unencumbered funds within the grant budget. Number 49. A resolution approving pursuant to KRS 62055 in Section 22-55.1 of the Code of Ordinances with Bond with Surety of Donald W. Blevins, Jr., County Clerk, $400,000, and directing the law to record the bond with surety along with a certified copy of this resolution in the Office of the Fayette County Clerk. Number 50, a resolution authorizing and directing the mayor on behalf of the urban county government to execute a billing agreement with Central Kentucky Interpreter Referral Incorporated for American Sign Language Interpreting Services for the Celebration of Disability Expo at a cost not to exceed $600. Number 51, a resolution authorizing the mayor on behalf of the urban county government to execute a grant award agreement awarding a Class A incentive grant for a stormwater quality project to the Friends of Wolf Rown, incorporated in the amount of $4,185. 52, a resolution authorizing the mayor on behalf of the urban county government to execute an agreement with Burlington Heights LLC for a land swap to relocate Burley Park. 53, a resolution authorizing and directing the mayor on behalf of the urban county government to execute and submit two grant applications to the Kentucky Transportation Cabinet to provide any additional information requested in connection with these grant applications and to accept the grants if the applications are approved, which grant funds are in the amount of $160,000 federal funds, offer the Traffic Safety Program $135,000 and the Speed Enforcement Project $25,000, the acceptance which does not obligate the Irvin County Government for the expenditures of funds and authorizing the Mayor to transfer unencumbered funds within the grant budget. Number 54, a resolution authorizing the mayor on behalf of the urban county government to execute a grant award agreement awarding a Class B education incentive grant for a stormwater quality project to UK Research Foundation in the amount of $17,514. Number 55, a resolution authorizing the mayor on behalf of the Urban County Government to execute agreements with awarding Class B infrastructure construction-only incentive grants for stormwater quality projects to the living arts and science center incorporated $60,440, $340, and the Community Montessori School Incorporated $360,160, and the Board of Education of Fayette County $320,400, and awarding Class B Infrastructure Feasibility Incentive Grants to the Board of Education of Fayette County $12,000, and Lexmark International Incorporated $34,000 at a cost not to exceed the sums stated. Number 56, a resolution authorizing and directing the Mayor on behalf of the Irwin County Government to execute and submit a grant application to the Kentucky Department for local government and to providing the additional information requested in connection with this grant application, which grant funds are in the amount of $75,000 federal funds and offer construction of a new trail at Raven Run Nature Sanctuary. Number 57, a resolution authorizing and directing the mayor on behalf of the urban county government to execute and submit the 2012 Consolidated Grant Plan grant application to the U.S. Department of Housing and Urban Development to provide any additional information requested in connection with this grant application and to accept the grant if the application is approved, which grant funds are in the amount of $3,103,820. Federal funds are for the FY2013 Community Development Block Grant Program, $1,993,717. Home Program $945,184 and Emergency Solutions Grant Program $164,919, the acceptance of which obligates the Irvin County Government for the expenditure of $268,636 from various funding sources as local cash match and $98,950 in-kind match, authorizing the Mayor to trans-fund and cumber funds within the grant budget and authorizing the Mayor to execute agreements for the approved plan. Number 58, a resolution authorizing and directing the mayor on behalf of the urban county government to execute a home agreement with National Housing Associates Incorporated for use of home funds for rehabilitation of Salem Village Apartments at a cost not to exceed $400,000. Number 59. match and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 60, a resolution authorizing and directing the mayor on behalf of the Erpen County government to execute an agreement with safe transportation training specialists for cargo tank emergency response training for hazmat units throughout the state at a cost not to exceed $23,800. 61, a resolution authorizing the mayor on behalf of the Erpen County government to execute to transfer agreement with Lexington and Fayette County Parking Authority for transfer of operations of various parking facilities and the Broadway shops. 62. A resolution on accepting the extension of the time of completion of the SSA Group Two-thirds Sewershed Field Activities, Raising Manholes, contract for with Tobacco Rose Farm Construction and Development Services to May 2012 at no additional cost to the urban county government. Number 63, a resolution authorizing the mayor on behalf of the urban county government to execute an engineering services agreement with CDP Engineers Incorporated for design of Town Branch Trail Phase 3 for the division of water quality at a cost not to exceed $71,450. Number 64, a resolution authorizing the mayor on behalf of the urban county government to accept a donation in the amount of $1,000 from the downtown development authority to purchase hanging flower baskets for Main Street. Number 65, a resolution authorizing the mayor on behalf of the urban county government to accept a donation in the amount of $2,000 from the DLC Foundation for Streetscape Beautification. Number 66, a resolution authorizing the mayor on behalf of the urban county government to execute agreements with Girls on the Run, $550. WGPL Neighborhood Association Incorporated, $650. The Southland Association Incorporated, $500. Vineyard Neighborhood Corporation, $500. Martin Luther King Neighborhood Association, $550. And Bluegrass Chapter of the American Red Cross, $575 for the office of the urban county council. what a cost not to exceed the sums stated. And number 67, a resolution authorizing the mayor on behalf of the Irvin County Government to execute an agreement with Farm and Garden Market Cooperative Association, Incorporated, doing business as Lexington Farmers Market, to provide fresh produce at the government center as part of a pilot program. Thank you, Madam Clerk. Are there any walk-ons? Are there any motions for walk-ons at this time? All right. There are none. All right. Any motions for suspensions of the rules for second read? Yes. A couple. All right. Vice Mayor Borton and then Councilman McCord and Myers. Thank you, Mayor. I move to suspend the rules and give second reading to number 45. And it's because some of those employees are getting ready to start before our next council meeting. All right. There's a motion on number 45 to suspend for a second read. Is there a second? Second. Second by Council Member Kaye. Is there any discussion? All right. Then we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Council Member McCord. Thank you, Mayor. Just requesting a second reading on 2, number 66, which are just the NDFs. I just want to move those along faster. And number 67, which is the agreement with the Farm and Garden Cooperative Extension, Lexington Farmers Market, to get fresh produce into this place. As the advocate for health, I'm just going to go ahead and move along with that. So 66 and 67. Okay. Is there a second? Second. Second by Councilman Martin. Any discussion? All right. Hearing none, we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Council Member Myers. Thank you, Mayor. I have a walk-on. We'll accept a walk-on. Okay. Thank you. I move to place on a docket a resolution authorizing the mayor and council members to sign a letter to be sent to the Bluegrass Area Development District expressing concerns about the program planned by the Bluegrass Area Development District for the property located at 1393 Trent Boulevard, directing that the letter, along with the petitions signed by concerned citizens, be sent to various people and agencies and requesting that the Bluegrass Area District enter into a memorandum of understanding with the urban county government related to the operation of the program. So moved. Motion and a second. Is there any discussion on the motion? Hearing none, we can take a vote. All in favor of the motion, please indicate by saying aye. Opposed, no. Motion carries. Thank you, Mayor, and then we'll come back to this in a minute. All right. Thank you. Council Member? Any other suspensions? Mayor, it would probably be good if I could go ahead and give 68 first reading. Thank you. And then we can continue. All right. Thank you. Yes, ma'am. Resolution number 68, a resolution authorizing the Mayor and Council Members to sign a letter to be sent to the Bluegrass Area Development District, expressing concerns about the program plan for BG Bluegrass Area Development District for the property located at 1393 Trent Boulevard, directing that the letter, along with the petition signed by concerned citizens, be sent to Bluegrass Area Development District, the Bluegrass Workforce Investment Board, the Kentucky Workforce Investment Board, the President of the Senate, and the Speaker of the House, and requesting that Bluegrass Area Development District enter into a memorandum of agreement, excuse me, Memorandum of Understanding with the Urban County Government related to operation of the program. Thank you. Thank you, Madam Clerk. All right, Council Member Stennett. Thank you, Mayor. I'd like to add number 28 to the items for second reading. This is our mowing contract, and I don't have to tell a lot of you if some of our land has not been mowed yet, and this will help get it going. So thank you. Motion by Council Member Stank. Second by Council Member Farmer. Is there any discussion on motion number 28? All right. Hearing none, we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Council Member Lawless. Thank you. I'd like to suspend the rules on number 64, the hanging baskets, flower baskets for Main Street by the DDA and number 65, $2,000 from the DLC Foundation for streetscape beautification so we can move that along as we bloom in spring. Motion by Council Member Lawless, second by Council Member Kaye on number 64. All right, is there any discussion on 64? 64 and 65. 64 and 65. They're similar. Okay. You've got a motion second on 64 and 65. Is there any discussion on 64 and 65? Okay. Hearing none, we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. All right. Anybody else? Council Member Myers? I've got a couple seconds. Oh, you've got? Okay. Administration? Okay. All right. Okay. Thank you. I have two of them. If you'd like me to do individually, or would you like me to do both of them at the same time, and then you make a motion? 33, I've asked for a second reading on that. That fund aspires at the end of August. And the state's been ready since March 16th, and we would like to get that program working right now. Number 33. Move approval to suspend the rules on 33 and give it a second reading. And the other one is number 38. Richard, hold on just a second. We've got a motion on 33 from Vice Mayor Gordon, second by Council Member Crosby. Thank you. Is there any discussion? All right. All in favor of the motion, please indicate by saying aye. Aye. Opposed, no. Motion carries. Mr. Maloney. And I have another one. Now, number 38, we have some steel gate, steel slide gates that are broken, and then we've got a few more to get ready to break, and it's going to take six to eight weeks to order these, so we would like to go ahead and start ordering these now. Then I have a question for a second reading on that one. All right. Okay. Is there a motion? Move to suspend the rules on 38. Give a second reading. Motion by Vice Mayor Borton. Is there a second? Second by Council Member Kaye. Is there any discussion on the motion? All right. Hearing none, we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries on 38. All right. So I'm going to go back to Council Member Myers. Council Member Myers. Thank you, Mayor. If Mr. Reid could come up for a second, Council Members and members of the audience, those watching at home. I'm going to ask in a second for our residents from the neighborhood associations that want to come up and speak to speak, but we wanted to kind of set the table so that the council members understand what we're talking about and how we got to where we are. And I don't want to go too far back and give too much history, but the Bluegrass Ad has purchased a property in the 8th District on Trent Boulevard. with the goal of putting some type of a program on that facility. And the mayor and I, the administration, heard about this at the point at which the McGrath's ad was going to sign for the property that day and purchase the property that day. And so I met with some people from the ad. They explained to me what they thought they were trying to do out there. I took that back to one of my neighborhood association presidents and spoke to them. or the leadership of that neighborhood association, went back to the ad and said, how quickly can you get before the citizens of the 8th District to talk about this issue? We scheduled a meeting. That meeting took place. It didn't go very well. And so consequently, things kind of ended up getting backed up at that point. And so the mayor's folks, Mr. Reed and I, many of the commissioners for the government, had a meeting with the Grass Area Development's board or several of their board members where we reached some agreements on some things, reached an agreement to look deeper into a couple of other things. One of those things was that they would create a steering committee. That steering committee would be comprised of the major stakeholders, that being residents of the district, people from the government with respect to social services, things like that, and any of the other stakeholders that we thought were relevant. and we haven't come to understand who that would be yet. The second major sticking point for us was that that group ought to be the ones to determine what's going to happen on that property. And then after that's determined, we wanted the ad to enter into an interlocal agreement with this government, which would mean that that document would be signed by the council or voted on and passed by the council, signed by the mayor. It would go through their board of directors and be voted on and approved. and then at that point if any changes were being made to what was going to happen on that property it would have to go back through that channel. That's one of the points that they didn't completely agree to but said they would look further into. The difficulty I think has arisen because that's been almost two months since we had that meeting and nothing's happened since then. In the absence of good communication on their end, we've had, I think, some misinformation gone out from the other end. And so residents have heard some things about a halfway house and different things that the ad says they never propose to do, although they do propose to do something on that site. So where we are today, in my view, and I want to let Mr. Reed add anything he'd like to add, and the thing that we just passed as a first reading, the resolution that we just read, is a letter that's going to go to the ads boards and the president of the Senate and the Speaker of the House asking them to really look at the concerns that we've raised and then do something to move forward, whether it's create this committee and let the committee start to look at what's going to happen there or whatever it is we're going to do or whatever they decide to do. The thing I want the citizens to understand, because part of that misinformation was that this council has either already voted on something, because I had people saying they want me to reconsider my vote, and other people have said, when you do vote on this, vote down. I need people to understand that this council, this government, has no vote in this project. The state owns the property. The state has the ability to do what they want to do without doing a variance, and that's why we're trying to work diplomatically with them to come to an agreement on something that everybody can live with. But please understand that this body does not get a vote. and what happens on that property. Right now I'm going to turn it over to Mr. Reed if he wants to plug in any holes. Just to confirm procedurally where we are, it's my understanding as Chair that Council Member Myers intends to ask for a second reading on this resolution. and then after that second reading motion, we will go back and collect all of the second readings. Madam Clerk, will that be okay? I just want to confirm so that we relieve the anxiety of what happened to those second readings. And we'll come right back to them. It may be a little while, however. All right. Mr. Reed. I think Councilman Myers summarized the situation that exists very well. I will say I certainly understand the neighbor's concern about this project. I know Councilman Myers and the mayor understand the concern about the project. Our options are limited legally as to what we can do. We decided the best course was to attempt to work with the members of the Bluegrass Area Development Executive Committee and attempt to reach some accommodation understanding. Had a good bit of communication that resulted in a meeting on March 14th with some of the executive members where we brought several of our commissioners, members of the police department, Councilman Myers, and I was there. Councilman Myers behaved much more diplomatically than I did during the meeting. It was a lively discussion. I think the board is sympathetic and understands what our concerns are. I think the communication with the neighbors and with local government here, I think they understand, was inadequate, was nonexistent in some respects, and has led to a good deal of confusion. And we have to get that confusion corrected, and I trust that the Bluegrass Area Development District Board is working with us to do that. I think Councilman Myers' resolution to move this process along and make clear how the Council feels as a whole on the issue and what we hope and expect to happen, and that the understandings in the March 14th meeting will be followed through upon, I think is a very important next step. But beyond that, I think Councilman Myers has certainly summed up what has occurred to this point quite well. I would like to add one other thing I left out, and that is that one of the outcomes, one of the positive outcomes of our meeting is that the project is on hold. So nothing's going to happen up there until they come back with us and put that steering committee together. That's the agreement that we made. So while we don't know yet what they plan to do, I think the positive is that they are supposed to put together a steering committee, which many of you will be able to be a part of, that will determine what that's going to be. Okay? Thank you, Mayor. All right. Thank you, Council Member Myers. Now let's go back and clean up the second reads, Madam Clerk, and then Council Member Myers will ask for a motion. He will offer a motion for a second read, and then we will ask for comments from members of the citizens who are here related to Council Member Myers' matter and his resolution. Okay? Okay. These are resolutions that have been suspended and approved, and it's resolution number 28, a resolution accepting the bids of B.J. Mowing, Central Kentucky Turf, Incorporated Gaines Way Services, Galtz Lown Care, Incorporated Happies General Contracting Maintenance Rights, Farm Services, Incorporated Linscape Supply and Design, Lexington Turf Maintenance, Lex Lawn, Mow Edge Blow, Sina Lawn Care Services, LLC, Something Bloomin', Rights Home Improvement and Mowing, LLC, and ZKB Construction Services, LLC, establishing price contracts for mowing city areas, medians, nuisance, and downtown parks for the Division of Parks and Recreation. Number 33. A resolution accepting the bid of Davis H. Elliott Construction, Inc., in the amount of $386,229.25 for fiber optic pathway and cable installation for the Division of Traffic Engineering, and authorizing the mayor on behalf of the Urban County Government to execute in the necessary agreement with Davis H. Elliott Construction, Inc., related to the bid. Number 45, a resolution authorizing the Division of Human Resources to make a conditional offer to the following probationary civil service appointments. Rhett Roddy Udonan, Equipment Operator Senior, Grade 109N, 14.836 hourly in the Division of Waste Management, effective upon passage of council. Willie Meads, Equipment Operator Senior, Grade 109N, 18.851 hourly in the Division of Waste Management, effective upon passage of council. Antoine Benton, Equipment Operator Senior, Grade 109N, 12.459 hourly in the Division of Waste Management, effective upon passage of council. James Stevens, Equipment Operator Senior, Grade 109N, 12.459 hourly in the Division of Waste Management, effective upon passage of counsel. Brad Pennington, electrician, grade 114 N, 21.356 hourly in the Division of Water Quality, effective upon passage of counsel. Michael Smith, GI Specialist, grade 114 N, 18.844 hourly in the Division of Computer Services, effective upon passage of counsel. Authorizing the Division of Human Resources to make a conditional offer to the following unclassified civil service appointment of Stephanie Love, Child Care Program Aid Part-Time, grade 107 N, 10.691 hourly in the Division of Youth Services, effective upon passage of council, authorized in the Division of Human Resources to make a conditional offer to the following unclassified civil service appointment to the Office of the Urban County Council. Mark Scott, Aid to Council, Grade 000E, 208960, biweekly in the Office of the Urban County Council, effective upon passage of council. Number 48. A resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute Supplemental Agreement. Number four, with the Kentucky Transportation Cabinet accepting a grant in the amount of $65,000 federal funds for the Loudoun Avenue improvements project, the acceptance of which does not obligate the urban county government for the expenditure of funds and authorizing the mayor to transfer and encumbered funds within the grant budget. Number 64. a resolution authorizing the mayor on behalf of the urban county government to accept a donation in the amount of $1,000 from the downtown development authority to purchase hanging flower baskets for Main Street, number 65, a resolution authorizing the mayor on behalf of the urban county government to accept a donation in the amount of $2,000 from the DLC Foundation for streetscape beautification. Number 66, a resolution authorizing the mayor on behalf of the Urban County Government to execute agreements with Girls on the Run, $550. WGPL Neighborhood Association Incorporated, $650. The Southland Association Incorporated, $500. Vineyard Neighborhood Corporation, $500. Martin Luther King Neighborhood Association, $550. And Bluegrass Chapter of the American Red Cross, $575. for the Office of the Urban County Council at a cost not to exceed the sums stated. And number 67, a resolution authorizing the mayor on behalf of the Urban County Government to execute an agreement with Farm and Garden Market Cooperative Association, Incorporated, doing business as Lexington Farmers Market, to provide fresh produce at the government center as part of a pilot program. Thank you. Motion to approve. Second. Motion by Councilman Ellinger, second by Councilman Myers. Is there any discussion on the motion? Hearing none, Madam Clerk. Mr. Stinnett? Yes, ma'am. Mr. Beard? Aye. Mr. Blues? Yes. Ms. Crosby? Yes. Mr. Ellinger? Yes. Mr. Farmer? Yes, ma'am. Mr. Ford? Yes. Ms. Gorton? Aye. Ms. Henson? Yes. Mr. Kay? Yes. Ms. Lawless? Yes. Mr. Martin? Yes. Mr. McCord? Yes. And Mr. Myers? Yes. Thank you. All right. Vote reflects passage of the resolutions. All right. Council Member Myers. Council Member Myers is going to ask that those who signed up to speak tonight on the issue in Councilmember Myers' district, it would be appropriate to do that now, unless there's objection by the Council, before Councilmember Myers asks for a second read on his resolution. And we have a number of citizens who have signed up. Some, it's my understanding, will be ceding their time to others. So if you do intend to give your time to someone else, and I call your name out and you want to come up to the podium and just let us know that you're giving your time to someone else. Is that correct? All right. So first on the sign-up that I have is Dwayne Hagan or Mr. Hogan. Yes, sir. Could I ask, are there leaders that, do you have designated folks that want to speak tonight? There is someone that wishes to speak for. Mr. Payne. Okay. Charles? Yeah, Charles Payne. Okay, Charles. If you'd just come up to the podium. And if you do wish to speak for others, you might let us know who you wish to speak for. The council rule is three minutes, and you probably know that, don't you? Yes, I do. Three minutes, unless you have someone that you have. Yeah, I believe we have a couple of guys. Clarence Walker, I think he's going to give me his three minutes. Okay. If I need it, then Mark Jeffers. Okay. Mr. Walkers and Mr. Jeffers, right? Mr. Walker, yeah, okay. And Mr. Payne, if you could just give your name again and your address so that our clerk has it on record. Thank you, sir. Okay, my name is Charles Payne. I live at 1528 Val Harbor Court in the 8th District, and I'm the president of the River Park Neighborhood Association. And we're here tonight to present you guys with a, first off, we appreciate the work that your office and Councilman Myers has done with regard to the issue currently facing our community. And I have a petition that we've been circulating for the last few weeks. I'd like to read the petition first. It states, We, the members of the 8th District Neighborhood Association, associations, I'm sorry, homeowners, residents, neighborhood businesses, business owners, and others in the surrounding area, are opposed to the housing of any persons involved with or in the criminal justice system past or present at the former Acceptacom property located at 1393 Trent Boulevard. Further, we are opposed to the property being incorporated or used in any early release program, employment program, reentry program, or deferment program, or any other programs for ex-offenders or those looking to avoid conviction, regardless of the nature of their offenses. We have, to date, 917 signatures from various homeowner associations and neighborhood associations in the 8th District. They include ours, Tatesbrook Neighborhood Association, the Southeastern Hills Park Place, the Heartland Homeowners Association is represented here, as well as various businesses and schools in the area, including the full board of the Bluegrass Baptist School, I believe. So Susan Westrom, the state representative, is also represented on here. and we would like to give that to you guys to pass on to the Bluegrass Area Development District. I'd like to touch a little bit on what we've been able to find out since January 31st. Up to that point, I never even knew what an area development district was. Since then, I've been able to learn quite a bit. But aside from the obvious concerns that the community has for housing up to 120 recently released ex-inmates as a component of an employment program, we have serious concerns about the nature or the process through which the Bluegrass Area Development District has proceeded in the acquisition and implementation of this program. First, as we began to dig, we learned that the BGADD consists of a full board of 75 members, 37 of those citizens from the 17-county area. The remaining 38 are all the mayors and judge executives whose offices hold positions on that board by default. They meet four times a year. The executive committee, on the other hand, is a 17-member committee which is charged with conducting business the other two-thirds of the year or the other eight months of the year. It takes nine members of that executive committee to constitute a quorum and therefore conduct business and a simple majority to pass anything. So, for example, the acquisition of this property, if timed correctly, Say, for example, I think they meet on the fourth Wednesday of every month. So if they met immediately after Christmas and nine members showed up of the executive committee to conduct business, it's theoretically possible that acquisition of this property to be purposed for a reentry program could have been passed and moved forward with just five votes from their executive committee. So this is a serious cause for concern on our part that not just the BGADD, but any area development district in the Commonwealth could move forward with business in this manner. Another thing that causes us, that we are concerned about, is the repeated attempts that they've used to, in our opinion, masquerade what we see and everybody else perceives as a reentry program as a housing component of an employment program, and we suspect that that's because they're funding sourced in some way. Another thing that we're concerned about is the fact that they have refused open records our initial open records request where we detailed some of these information that we wanted. And the reasons that they cited were not on the proper form and a lack of understanding. We have all this stuff posted on our webpage, and I would encourage all of you to go there. We have a lot of documentation there with regard to this. One of the things that we're not sure about either is the definition of their state authority. According to the Secretary of State's office, they're filed as a not-for-profit Kentucky corporation. To our knowledge, there is no Kentucky statute that gives them state authority to come in and purchase a piece of property and supersede municipal ordinances. And as far as we know, there's no legal precedence. I don't think they've ever been challenged in their history. So these are some of the concerns we have with regard to the BGADD. And we get the impression that they're continuing to move forward with the original project that they outlined to a communication, I believe it was to the Social Services Commission here dated January the 23rd from the chair of the Workforce Investment Board, where he clearly implies that the property is to be used specifically for a reentry program for persons that have been incarcerated for a long period of time and their attempts to reintegrate back into society. So some of the alternatives that we see for the property, well, a brief history of the property. When it was purposed, originally purposed out there, I mean, there was nothing out there, basically. There was a few subdivisions. They had cattle for neighbors. Over time, over the last 30, I believe that place was built in the mid-'70s, Since then, we've seen neighborhoods grow up. The man-at-war has gone in. You've got the heartland. You've got several different neighborhoods. You've got Park Place. You've got ours. The community has grown tremendously into a very densely populated residential neighborhood. We no longer feel it is practical to even consider a project of this scope and magnitude to house up to 120 individuals who are going to, in our opinion, according to statistics, we're going to see a rearrest rate somewhere around 20%. And that's if it's a successful program. So we're going to see crime go up in our neighborhood. And you're talking about a community that received 2,000. The police department received 2,000 calls, I believe, in the last year alone just in that area. So we've already got issues that we're facing. And one of the last things that we feel like we need is the potential for an increase in crime in our neighborhoods. A couple of the viable alternatives that we feel we have are for the property to be repurposed, to make it attractive to a developer and to build single-family dwellings there and then make those affordable housing options for individuals, to convert it into a municipal park to take our children off the streets. They play on the streets in the summertime until 10, 11 o'clock at 9. And if you absolutely have to house somebody there, we would much prefer to implement an employment program that would assist disabled American veterans instead of convicted felons. Mr. Payne, I have this unpopular role of being timekeeper. If you think that someone else would like to yield some of their time so you can finish this, it might be worthwhile. Somebody else that's signed up wished to yield some of your time. So, Mr. Payne? I want you to speak. So, no, that'll do it for me. Okay. All right. So I just encourage everybody to visit our website. All right. It's at riverparkassociation.wordpress.com, and we have a lot of the documents that we've been able to uncover on a timeline at that place. Thanks for your time. Thank you. Yes, sir. I have signed up Sean Tibbetts and Amanda Tibbetts. Do you all wish to speak? Sean, okay. On a separate issue? Separate issue. All right, okay. And Mr. Hogan, I think Greg Dixon, but I believe it's on a separate issue. David Vinson, Laura Cole. David, you wish to? Yes, sir. All righty. My name is Dave Vinson. I reside at 3663 Niagara Drive. I bought up to the property in question. I'm a veteran. I stood up for my country. Now I want you to stand up for me. I want you to say yes to funding a program for veterans on the newly acquired properties at 1393 Trent Boulevard and say no to housing up to 120 ex-inmates in my district. I want you to say yes and commit to finding jobs for veterans through workforce investment programs coordinated on the site. I want you to say yes to housing veterans on the site. I want you to say no to the Bluegrass Area Development District for their brilliant idea to house ex-inmates and those who have abdicated their responsibilities to their own children in my neighborhood. I want you to say yes to programs that benefit my neighborhood and my community. We didn't choose to be a part of Bluegrass Area Development District's planned social rehab experiment that they are trying to impose and import on us from the state of Texas. I want to live in a safe neighborhood just like you. I want you to say yes for the safety of me, my family, my neighborhood. I want you to say yes to me as I maintain my home and build value in my personal property. I don't like being told you can leave or move if you don't like our program, as Lenny Stoltz put it. Mayor Jim Gray, you have influence. You sit on the board of the Bluegrass Area Development District. I want you to stand up for me and get a special meeting of the full board called to stop this bad idea. I don't wish to be a part of a committee that would give me the same bad idea, just in a different wrapper. Just 15 yes votes out of 75 gets us that meeting. I want your council members to support our petition to end this injustice and non-representation being perpetrated on our community by the Bluegrass Area Development District. I believe your constituents be in favor of your support for us on this issue. Support us because it's the right thing to do. Oppose this bad idea for the River Park neighborhood because it's the right thing to do. I want you to use your influence and join with me and the other 900-plus constituents in the 8th district that have signed in opposition. We are growing in numbers every day in opposition to this ill-advised plan. Lenny Stoltz represents the interest of the Bluegrass Area Development District, not the interest of Fayette County, and not the interest of my neighborhood. I have an idea as a stakeholder from Fayette's 8th District. Mr. Stoltz lives in Jessamine County. I urge you to say yes to moving his project there and see how easy he can sell it to his neighborhood and their constituents. Scrap this bad idea, and let's move forward as a community. I believe that this body wields influence and can exert pressure to help us. We are just average people, and we've got over 900 people to agree to support opposition to this bad idea for our neighborhood. I appreciate you hearing me, and if my veteran's idea won't work, then repurchase the property, put it in the budget, support our children and make it into a park, or partner with a developer, and let's have a real economic development at this location. Thank you. Thank you, Mr. Vinson. Thank you, sir. All right. Thank you, Mr. Vinson. I have some other folks that signed up. Just let me know if you've signed up for this issue, for this matter. Laura Cole? Abby Jones. Okay, Ms. Cole. Ms. Cole, you wish to speak now, then. All right. All right. And then Abby Jones, is Ms. Jones? You wish to? Separate issue. Separate issue. All right. And Bruce Lane? Separate issue? Okay. All right, then. And Mr. Bush? How about Coleman? Separate? All right. Yes, sir. Coleman, thank you. All right. That's now. Ms. Cole, if you'll just give us your name and address for the record. Thank you. Thank you. My name is Laura Cole. I live at 1511 Fames Drive. And Mr. Mayor, Council Members, thank you for hearing us today. But as you can tell from my accent, I'm not from here originally. My husband and I moved to Lexington because we just thought it was such a wonderful place, and we really wanted to live here. I really like our neighborhood. It's got a nice diversity and a nice feel. But I think it is a fragile neighborhood, and I don't think it could absorb this kind of an organization, this kind of an entity within it. We already have some issues with people hanging about, and obviously jobs are hard to find. But I just think this would really overwhelm our neighborhood and reduce our quality of life in the neighborhood. Thank you. Thank you. Thank you, Ms. Cohen. Thank you. All right. If no one else wishes to speak then on this issue, I'll go back to Council Member Myers for the motion for second read. Thank you, Mayor. And before I make the motion, I just want to thank Mr. Payne and his work with the neighborhood association, the other neighborhood association leadership that's here, and all the residents that are here, and your work on this issue and continuing to work with us to bring about change. I also want to take some time to thank the mayor and his leadership, particularly Mr. Jeff Reed, Commissioner Janet Graham, for the work that they've done. It's been remarkable the work that the administration has done to help us get to where we are. And I know that for the neighborhood, they don't necessarily think we're where they want us to be, but we're making progress. And I just want to acknowledge their work and appreciate that. I also want to thank the council in advance for their first reading and hopefully the second reading that we get out of this. And right now make the motion to give second reading to the motion presented earlier. Motion by Council Member Meyer, second by Council Member Ellinger. Is there any discussion on the motion? Can I just ask a question, Mayor? Council Member Farmer, yes, sir. Is there anyone from the Bluegrass Ad who's here this evening? I don't know that there is anyone from the Bluegrass ad here this evening. And as is the opportunity to sit here during the meeting and go through the multiple input that we receive, I have the April-May issue of the Bluegrass ad advantage, which mentions nothing about this issue. So I think there's an opportunity for us to be better partners with the ad and for our neighbors. Thank you for this motion. Thank you. All right. Mr. Myers. Thank you, Mayor. And I forgot to think I was with Chatterton, my council aide, who's done a phenomenal job with this as well and done a really good job of communicating with our residents. And so I apologize for being remiss on that. Thank you. Thank you. All right, we have a motion and a second. And without further discussion, Madam Clerk, Did you do a motion on the suspension? I mean, did you do a vote on the suspension motion? Oh, okay. We need a vote on the suspension, right? I'm going to suspend the rules and give second reading to number 68. Right. Thank you. Motion by Council Member Meyers, second by Council Member Ellinger to suspend the rules and give a second read to number 68. Is there any discussion on the motion? All in favor, please indicate by saying aye. Aye. Opposed, no. Motion carries. Now, thank you. Now, I can give a second reading. Thanks, Susan, for leading me through that. Appreciate it. No problem. Resolution number 68, a resolution authorizing the Mayor and the Council members to sign a letter to be sent to the Bluegrass Area Development District, expressing concerns about the program plan for Bluegrass Area Development District for the property located at 1393 Trent Boulevard, directing that the letter, along with the petition signed by concerned citizens, be sent to Bluegrass Area Development District, the Bluegrass Workforce Investment Board, the Kentucky Workforce Investment Board, the President of the Senate, and the Speaker of the House, and requesting that the Bluegrass Area Development District enter into a memorandum of understanding with the Irwin County Government related to operation of the program. Motion by Council Member Blues to approve, second by Council Member Myers. Is there any discussion? All right. Hearing none. Chris Ford. Oh, Councilman Ford. All right. Sorry about that. It's okay. Thank you, Mayor. Yes, sir. Councilmember Myers, I appreciate your leadership on bringing this forward, and I appreciate your constituency for coming out and expressing their concerns. Those of us elected officials definitely understand and appreciate never to discount the concerns of those that send us here. I just have a couple of questions, though, for clarity for the council to consider and for those that are watching. And I'll disclose, I began my career at an area development district. Many of you guys know that up in Louisville, so I'm familiar with their structure as a subset of state government. And as we send this letter down to the General Assembly and to the leadership there. We hope it gets the attention that they can bring us there. I still have a concern, however, that it may not be enough. It's a great start. Don't get me wrong at all. It's a great start, Mr. Myers, and we'll support. I look forward to supporting it. But if I can ask Chris King to come, Mayor, can I ask him to come, please? Yeah, well, Chris does happen to be here, so if Chris can't address the question, then we'll try somebody else. I think he can. Just as I get an understanding around this, there's a complex of property that's being purchased by the Area Development District. And my understanding is that because of their jurisdiction as an entity, our local government, via this council and via the planning commission, has no authority over how they choose to use, how they choose to develop this. In this case, it happens to be for their proposed program. Is that correct? That is correct, Council Member Ford. Entities and instrumentalities of state and federal government are not subject to local zoning rules. And thank you, Chris, for sharing that with us. And to me, there lies the problem. There lies the problem. I think that we elected officials and those of us in the audience understand perhaps the need for the workforce for reentry. I contend that the Bluegrass ad does not have the capacity to carry out what they're proposing, but that's another subject. The issue at hand right now is that we have no recourse and lack little ability as it stands now to encourage and demand engagement with our constituency, the neighbors that live out in your district, George. That's a problem. There's one thing that I think that we should do very soon, going back to their lack of capacity, is that we need to enhance our capacity as an urban county government. And we need to begin our way to create our own workforce investment service area for Fayette County. And recapture what we surrendered to the Bluegrass Area Development District a few years ago. Money talks, and we provide approximately $35,000 in dues to the Bluegrass Area Development District. They understand that, and they need to understand that we're not required to do that, particularly if they cannot be respectful and responsive to our constituency and the political leadership that we share. So, Council Member Meyers, thank you for bringing this forward. I hope that it gets us started and we take very seriously those options that we have available to us yet. Thank you, sir. Thank you, Mayor. And thank you, Council Member Myers. Thank you, Council Member Myers. And I'm going to ask Council Member Myers, he wishes to respond. And to our audience, I've said earlier to our friends and citizens, I said earlier that I have the unpopular role as chair to be the timekeeper. I also have the unpopular role of sometimes enforcing the rules of the council, which does discourage the applause. And I know that you wish to do that, and it's a good indicator, but that's the sort of thing that in the chambers is discouraged. It's like if you were going to a court. It's the same sort of thing. So we've let it go. It's okay so far, but if I could, going forward, thank you all very much. Council Member Myers. Thank you, Mayor. Thank you, Council Member Ford, for your comments, and you're right on target. and that's one of the reasons why we're sending this letter to the Senate President and the Speaker of the House so that it gets to the appropriate committees so that we can begin having that discussion about how to change this legislation. But further to your point, I have a motion that I'm going to make after we get to council comments and that's going to be to put our relationship, LTCG's relationship with the Blue House Area District into a committee to look at whether or not we're getting our money's worth and whether or not this is a relationship that we want to continue. So I have that motion later on. So thank you very much for your comments. Thank you. Thank you, Mayor. Thank you, Council Member Myers. All right. Council Member Martin. Thank you, Mayor. I just want to say I appreciate the efforts of Council Member Myers and the administration. You know, we had a number of these issues in my district since I've been on council. We had a very unfortunate death at one of these institutions in my district within the last year or two. this is a state law just for the folks at home and for folks here this is a state law that's imposed upon us by the state legislature and i i've just made all kinds of phone calls on this issue when it happened in my district and and uh it is a it is a difficult thing and the source is the state legislature. And so we need our state representatives to help us and be our voice in this. I think the effort of the neighborhood is impressive. And the effort of the administration to deal with the Bluegrass ad is exemplary. And I appreciate their work on this. But like many other problems that we are facing, this is something that our state legislature needs to help us with. And so I hope that folks will support both this resolution, but also make your voice known to your state legislator that this is not something that you want in your neighborhood. And there are many things. It's a difficult thing dealing with ex-offenders, but having this be plopped down in the middle of your neighborhood is not the way it should be treated. So I think it's a complex issue, but this is not the solution for it. Thank you, Mayor. Thank you. Thank you, Council Member Martin. All right. I have no one else signed up for discussion on the motion, so at this time we can ask for a roll call vote by the clerk. Mr. Stenet. Mr. Beard. Aye. Mr. Blues. Yes. Ms. Crosby. Mr. Ellinger. Yes. Mr. Farmer? Aye. Mr. Ford? Yes. Ms. Gordon? Aye. Ms. Henson? Yes. Mr. Kay? Yes. Ms. Lawless? Yes. Mr. Martin? Yes. Mr. McCord? He's absent. And Mr. Myers? Yes. Thank you. All right. Thank you, Madam Clerk, and that vote, the vote does reflect unanimous passage of the second read of the resolution. So I want to thank the citizens who have participated tonight and for joining us. We can now go next on our communications from the mayor is next on our agenda. Again, thank you all for being with us tonight. Move approval. Motion by the Vice Mayor to approve, second by Council Member Stennett. Is there any discussion? Mayor. Council Member Farmer. Yes, sir. Communications from the Mayor for information purple. No, this is item 7. No, this is item 8. 7. 8. This is 8. No, I'll wait. Thank you. Okay. All right. If they're hearing none, then we can take a vote. All in favor of the motion, please indicate by saying aye. Aye. Opposed, no. Motion carries. Now we can move to Roman numeral number nine. Communications from the mayor for information only. Councilman Farmer, would you wish to speak? If I had a vote, I would vote no on number 10. Did so. Second. Oh, yes. Oh, yes. All right. Mayor, are we allowed to get an opinion from the legal department whether we can prohibit Mr. Reed from leaving employment and returning to higher? We all like that idea. Greener pastures? I'm sure he'll take a resolution to that effect, Council Member Martin. Yeah. I know he'd appreciate that a lot. Thank you. I move that the Council resolve to ask Mr. Reed to stick around. Is there a second? There you go. Got a second. I have a comment. Councilor Vice Mayor Gorton. Well, I do want to comment. Jeff Reed has been, I know, a frequent visitor to the fifth floor, and he has cared very much about all kind of items related to the council and the council interacting with the mayor's office. And I just want to personally thank him very much for all the work that he has done for his service in your office and his service to us as council members. Thank you, Vice Mayor. All right. Thank you. I will say that Jeff's work has been extraordinary in every respect, and I think through his whole career and every job he's done in public service has been with a full and total and complete commitment, and it's been that way for our city, and we appreciate it enormously. And we say that to him and to his whole family. I call the question. All right. All right. Yeah, yeah. Did we get a vote? We have a motion and a second. A motion and a second. Hey, we like this. Is there any further discussion? All in favor, then, of the motion, please say aye. Opposed, no. It's unanimous. Motion carries. And in the record. All right. Okay. Yeah. Okay, now we can move to Roman number nine, communications from the mayor. and the Council Member Farmer, do you wish to speak on the Planning Commission? I think the Vice Mayor indicated she was going to bring that up. I do have an announcement when we get to announcements, but thank you, Mayor. Vice Mayor. Thank you, Mayor. Actually, I have two issues and I'll dispense with the first because it's very short. I have received a letter from James Frazier, who chaired the Citizen Advocate Search Committee, and he notified me that they have completed their work. And so on Tuesday, I will be making a motion for a closed session. It will be held on Tuesday pursuant to KRS 61.810F for a discussion which might lead to the appointment of an employee. And I'll bring that motion on Tuesday. And then, Mayor, I wanted to bring up the issue of the Planning Commission nominee. As you know, on Tuesday, the Council made a motion, which passed, to refer the nominee to the Ethics Commission for a ruling on whether there might be a conflict of interest or not. and knowing that we have a state-set deadline of April 17th by which the council must make an appointment for this vacancy on the Planning Commission, I appreciate that you reached out to some council members, to myself, Council Member Farmer let me know some thoughts that he had in relation to this. And we all know that this is not an item which had anything to do with the nominee's qualifications or anything personal. It was an issue that related to a question of an ethics issue and a conflict of interest. So with that, Council Members, I put the e-mail at each of your places, which includes the e-mail from Jamie Emmons on behalf of the Mayor. And the nominee has agreed that if we are willing to confirm her, she will abide by the Ethics Commission ruling, which would come after their May 3rd meeting. They can't meet before May 3rd, which is after the 60-day deadline for appointing. And she also has agreed to recuse herself from any issues that come before the Planning Commission that involve the Downtown Development Authority, where her husband, Jeff Fugit, serves as the executive director. So in an effort for some compromise and also to allow the Council to go ahead and fulfill its authority to appoint a member to the Commission, I am recommending that we, and we'll need to make a motion to do this, hold a special meeting Tuesday at 3 o'clock right before the work session to have a first and second reading if we can hold a confirmation hearing before that to confirm her. And in my email, I suggested a couple of times for the confirmation hearing, one at 8 a.m. Tuesday, one Monday at 3.30 or 4. but I've had a good conversation with Councilmember Myers, and he feels that the Social Services Committee will not use all of its time on Tuesday and that we could set a confirmation hearing for 12-15 on Tuesday. And so just in order that we can have a discussion about this, I move that the Council hold a confirmation hearing on Tuesday, April 17th at 1215 for the Planning Commission nominee. And if this passes, I'll make the second motion. Second. Motion by Vice Mayor Gordon, second by Council Member Crosby. Is there any discussion on the motion? Hearing none, then we can take the Council Member Crosby. Can I just get clarification? Councilman Crosby. Can I just get clarification on you mentioned or in the letter that we received from Mr. Emmons that the applicant agreed to abide by whatever the Ethics Commission. Would this person start serving prior to, I mean, or would it be contingent on, I mean, would we approve or contingent on the ruling? I'm just confused. I'm just trying to clear. I don't understand. I actually, Mayor, had some input from Councilmembers who a couple of you said you would prefer that if we confirm her that she not start serving until after the Ethics Commission hearing, which is only a couple of weeks. So I think Councilmembers have expressed that desire. Yeah, I think that certainly makes sense. I was just curious, because when you mentioned that, I just didn't know if it was contingent on or if it was that the approval. This is how I think I understand it, and if I'm wrong, Mayor, let me know. Here's how it would go. We would hold a confirmation hearing. if she's confirmed, we would approve her first and second reading Tuesday at 3 o'clock. Then she would wait to serve until the Ethics Commission rules. And if the Ethics Commission rules no conflict, she would then be seated. If the Ethics Commission does rule that there's a conflict, she would not be seated. And we would again have a vacancy. Is that clarifying? Yeah, it just wasn't clarified with the motion, so I was just trying to understand. That's all. Thank you. Thank you, Council Member Crosby, for that clarification. All right, is there any further discussion on the motion? Then we can take a vote. All in favor, please say aye. All opposed, no. So with that, I'm sorry. With that, Mayor, I move that the Council set a special meeting Tuesday, April 17th at 3 o'clock just prior to work session for the purpose of having the readings on the nominee for Planning Commission. Motion by Vice Mayor Gordon, second by Council Member Crosby. Is there any discussion on this motion? Hearing none, then we can take a vote. All in favor, please say yes. Aye. All opposed, no. Motion carries. Thank you. I think there's any issue with Susan. The language that's being used is actually not a first and second reading. It's actually just a motion on confirmation just for clarification. So it's simply a motion to approve the appointment just for clarification. Thank you. Thank you. Thank you, Susan. Thank you, Mayor. Vice Mayor, thank you. I want to thank the council members who took time to work through this with the administration, and it reminds me of the invocation by Ms. Charissa Gillette when she talked about the value of collaboration and cooperation. So thank you very much. Thank all of you. All right. All right. We can move now to announcements. All right. So I'll open the floor to Council members for announcements. Are there any Council members who wish announcements? Council Member Farmer. Thank you, Mayor. Just quickly, I wanted to bring attention to the fact that on April 15th from 4.30 to 6.30 at Ashland Henry Clay Estate, they will celebrate the wedding of the decade with cake and champagne honoring Nanette McDowell's 1892 wedding to Dr. Thomas Bullock. Tickets are $10. Reservations are suggested. and then asking folks to return on Wednesday, April 18th from 6 to 8 p.m. for Art After Hours at Ashland. This is a free event and brings awareness of local art organizations to students, young professionals, and the young at heart. Hors d'oeuvres will be provided by South Van Events and a cash bar will be available. For Council members, for our Tuesday meeting of the Planning and Public Works Committee, The first item on the agenda is the 2012 Congress of Plan Goals and Objectives, which is a document that was forwarded to us by the Planning Commission, and we had a working group on it that concluded its work in March. So this is the goals and objectives as redrafted by that group for this group to take action on, consider, amend, or change. and I would just say we'll spend ample time on it on Tuesday and the Planning Commission took ample time sending it to us and we've taken more time to try to get it back to them. Don't want to forestall anyone's comments or any changes they may want to make to it but I would like to have everyone's attention for that meeting at that time because there is a certain time element in the background of all this in terms of getting the Planning Commission in a position to go ahead and draft the actual comprehensive plan update itself. And then just for all of us, I just think in the conversations, and the mayor is correct about being collaborative and congenial and sometimes even colloquial, we just need to be aware that 60 days starts running on a lot of things, and we need to be as proactive as we can as council members and help the administration where need may be to make sure that if we have people we want to nominate for these positions, let the administration know. Let them have a proper pool to pull from and to be accurate about it so that we don't deprive ourselves of the opportunity process. That's one of the main things that drives legislation. So I appreciate the fact that we had a back-and-forth today and worked out a fine compromise that service is all involved. Thank you. Thanks, Council Member Farmer. As a footnote and to confirm just what you said, I think any time we have issues like this that involve process and carry with them the opportunity for us to examine our process and to improve it, that's what we want to do. And I think that's exactly the message that comes through this. Thank you, sir. Councilman Myers. Thank you, Mayor. Again, I want to thank the mayor and administration and my colleagues for passing the first and second reading on the motion that we passed earlier. And to follow up with that, I move to place in a general government committee the study of the financial relationship between the Bluegrass Area Development District and the LFECG and the benefits arising therefrom. So moved. Second. Motion by Councilman Myers, second by Vice Mayor Gordon. Is there any discussion on the motion? Yes. Yes. Council Member Martin, Council Member Beard. Council Member Martin just repeated. Okay. I'm not hearing as well over here. I moved to place into a general government committee the study of the financial relationship between the Bluegrass Area Development District and the LFUCG and the benefits arising therefrom. So moved. Thank you. All right. Council Member Beard, I just want to mention to you, Council Member Myers, that you can open your budget book and see a line item with a very healthy five-figure number in it. And that doesn't necessarily tell us why it's there, but it does tell us what the amount is. As soon as we leave this place, I'm going to head upstairs and look for my budget book, and pin that number down. Thank you. All right. Thank you, Council Member Myers. Mayor. Council, I'm sorry. Yeah. Council Member Lawless, do you wish to speak on this issue or is it? Okay. Council Member Martin. Council Member Myers, is it possible to expand your motion to include an examination of the responsibilities of the Bluegrass ad in its districts? Because I wouldn't want to forestall understanding what they do. And that would be, I think, an appropriate part of the conversation. Would that be a friendly amendment? Absolutely. And we could even expand that to look at their use of state authority. What I don't know is whether they instigated this or they're a conduit, and I think they do a broad range of things, mapping and all kinds of things, and so maybe we could have someone from the Bluegrass Ed come in and sort of help us understand all the different things that they do as well. Okay, and I don't know if I mentioned it, but Jack Burt sent us an email that outlines some of the difficulties that he's finding with this as well, and I think that will really play into what we want to look at in this committee. Thank you very much. Can we consider that a friendly amendment? So moved. Motion by Council Member Myers, second by Vice Mayor Gordon. Is there any further discussion? All right. Okay. All right. Hearing none, then we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Thank you, Mayor. Yes, sir. Thank you. Councilman Lawless? We're still on announcements. Thank you. I just wanted to remind people that this weekend will be the farmer's market. We'll be moving to Cheapside Park, and there will be extended colt trolley routes on Saturdays and you can go to the Lex Tran website to see where it goes through Chevy Chase. It's also in the evening. And then the next week from tonight, I believe, is when Thursday Night Live starts up. So thank you. Thank you, Councilman Lawless. Okay, that's all I have signed up for announcements. We can move on then to public comments. I have several folks signed up for public comment, including Greg Dixon and Dwayne Hogan. So I know, Mr. Dixon, I know that you know our council rules. The three-minute rule. Yes, sir, that three-minute rule. Thank you, sir. Yes, sir. Greg Dixon, 4908, Stillwood Court here in Lexington. Today I'm proud to say that the state bill that we've talked about on metals theft, Bill 390, was signed into law, and that this bill was written by a consortium of police professional groups, which some of you are members in, utility companies, and scrap dealers from our industry. We believe this is the approach that we should follow, and tonight I brought with me some of the Baker on a Metal team, which I would like to ask for them to stand so that you can briefly meet them. Guys. Thank you. This team and the rest of our group, we handle over 200 separate customers each day through our facility, with less than 1% of them being an issue related to metals theft. I'm not sure why sometimes we want to impact 99% of our customers with some of the bill language that we're looking at. We process over 20,000 tons of steel every month. We also handle about 2.5 million pounds of aluminum, copper, and brass through our facility. With relationships with over 100 different manufacturing plants and a 100-mile radius, we support over 10,000 jobs throughout central Kentucky. The bill that you've been addressed for Fayette County, if passed, will have a very dramatic impact on our ability to continue to do business in that fashion in Fayette County in regards to buying from the general public. We are very interested in continuing to grow and expand in Fayette County. We just signed a lease on an office building down at the end of Bond Street that we're expanding offices into that area. So I just want to express to you how important we feel our relationship is with Fayette County, and we want to continue to foster that and grow it. I thank you for your time. I do believe there are two other gentlemen here who also want to speak on the Melstead bill, if that would be appropriate. All right. So I have the others that I have signed up to speak tonight, Greg, or Dwayne Hogan, Jeff Wiseman. Right? Okay. hello good afternoon my name is Dwayne Hogan I live at 240 Toronto Road I'm the owner of Slim's Torn and I just come to say that I feel like everyone needs to get a little bit of advice and opinions from the people that's actually in the recycling business so everybody knows exactly what's going on because some people don't know what's going on and me and some of my fellows we've all worked with the criminals and other people that are doing certain things with the local police and detectives a lot of them come to my lot and I give them a lot of information to help lead to certain things and let you all know I've been a victim to I've had one of my older cars stolen and three or four days later Lexa Police Department recovered it so it got back to me and basically I know how I feel to be a victim and all this will affect my business too. Thank you. Thank you, Mr. Hogan. All right. Next I have on our sign-up sheet is Mr. Wiseman. Weinman. Weirman. Yeah. Sorry. I pretty much do the same thing, you know. I sell to Bakers my name is Jeff Weyman I live at 533 Shelby Street and the laws that y'all are working on will affect me as far as as the 15 year thing where you have to produce the title whether our state states that that I don't get the title with the car if the person's junking it out it is the only one can take the title out of the system is whoever's name the vehicle's in. And what I do, I get a written receipt, the ID, the address, and so on. I've also been a victim. I've been conned by seniors and juniors on the title, you know, the junior. But I've also worked with the detectives. I've also returned a few vehicles where I've been lied to and cheated. but it will affect my business. It will affect the way I take care of my family because this is what I do for a living. And I just want you all to take that into consideration. Thank you. Thank you, Mr. Weyerman. Next on my sign-up sheet, we've got Abby Jones. Is Ms. Jones here? Yeah. Yes, ma'am. And then Bernard, is Bernard still here? Yep, Bernard's here. Bernard McCarthy. Good evening, Mayor and Council. Abby Jones, and I also have a business, Abby Jones Consulting, at 1022 Fontaine Road. Relatively new to the Lexington area, I think we probably are a good example of what you're hoping for in transplants. I've started a business, and my husband is a new faculty member at UK. I'm here tonight to challenge you, as I've heard some talk about parking rules changes, to not just do the bare minimum, but to actually look at a holistic concept of shared parking as an ordinance. Many other communities do that in other cities and states. I would be glad to share specific examples from those other cities and states that I'm aware of as an engineer and as a land surveyor that's practiced in other places. And the main points that I'm wanting to discuss as far as a holistic change include multimodal considerations and time of day considerations. And I don't believe that you have to recreate the wheel. Again, there's some very good and fine examples of this type of ordinance. Thank you. I was going to suggest, Ms. Jones, that in the back of the room is Richard Maloney, the Chief Administrative Officer, and I think Derek Paulson has already, Derek may have already left, Planning Commissioner. But before you leave, if you would please talk to Richard. He's on his machine there, but I know he's going to be alert here real quickly. Thanks for coming with that suggestion tonight. All right. Mr. Bernard McCarthy. Okay. For the record, my name is Bernard McCarthy. My address is 515 Harry Street. Several things occur to me. Number one, you guys are creating future budget problems for yourselves. every time that you bribe a business to move here by giving them a lower tax rate than what is being paid by existing businesses that are already here, luring another business in means more people, more traffic, more need for infrastructure, but giving them a tax break for coming here throws away any chance of this government having the revenue to build the infrastructure that you're creating the need for. I think if anything, instead of giving new businesses a tax break, you ought to charge new businesses an extra impact fee to cover the infrastructure that's made necessary by virtue of them coming here instead of staying put wherever they are. and I think that the proposal to tear down portions of the Civic Center and replace them with scattered new buildings would be a serious mistake in that it throws away perfectly good buildings that are structurally sound and function just fine the way they are. It throws away money paying for it, and especially if you borrow the money, I'd rather you pay off all the existing debt on the existing Civic Center and not run up any new debts. Get us out of debt. And the proposals that I've seen, as published in the Herald-Leader a few months back for what you intend to do to the Civic Center, also shows the disappearance of a few streets, namely part of Vine Street and part of Jefferson Street. This would be a serious mistake. We don't have near enough street capacity as is. We can't afford for you to be throwing away what we do have. And I mean, I fought very hard from fall of 1974 on down through recently to get Newtown Extension resurrected and built. And if you throw away the street capacity we already have inside of downtown, that means that whole battle was all for nothing. I mean, the squabble over that road drove not only my choices of where to live myself, but which non-profit organizations get how much of my time and energy. And I would hate for that all to be wasted. Thank you so much, Bernard. Mr. McCarthy. I have, is Bruce Lane still with Bruce? Yes, sir. Right. I have some materials to pass out, if I may, just informational. My name is Bruce Lane. I'm a resident of Fayette County, 304 Benton Bow Place. And you probably recall me being here two months ago talking to you about KRS 65.870 and how the city is not in compliance with state law. This is pertaining to the metal detector downstairs in front of the mayor's office. I won't go into all the details I covered last time, but there have been some changes that I think the city council needs to be aware of. Because so many local governments are violating 65.870, Kentucky's firearms preemption law. We went to the Kentucky legislature this year, and they passed House Bill 500. The mayor signed it yesterday, and it updates KRS 65.870, which I passed out the last time I'm here. And what was a simple one-sentence law is now two pages, but it adds penalties for violating that. The penalties basically are a Class A misdemeanor for official misconduct. It's up to a year in jail, $500 fine. The first page on the handout, though, is showdown at City Hall. It's an article from Kentucky Cities Magazine, the publication of the Kentucky League of Cities, and it explains pretty much exactly what I explained the last time I was here. The second page is just the new law. It's quite a bit longer. and then there are some pages on there that are just describing the penalties for violating this. And then it concludes with a very simple do and do not checklist again from the Kentucky League of Cities. So it's very easy to come into compliance with state law if you so choose. And I guess I'm not able to pick and choose which laws I obey and don't, and I don't think the Lexington-Faylor County government should do that either. There is one other aspect that changed in the law besides adding penalties. I think the previous law was really obvious, but it's gone out of the way now to make it absolutely obvious, the intent. And one of the things that it adds is corporations. Now it's also illegal to hire a corporation, such as the downtown Lexington Corporation, to run events for the city, such as the Fourth of July Parade, and they have a corporate policy, no firearms, at the Fourth of July Parade. But then that provision is enforced by Lexington police officers. So essentially it's a dodge getting around the Firearms Preemption Act. So no longer able to do that either. And I guess at this time I would just urge the city council in the strongest terms to please obey the state law. It's depriving people of our rights as guaranteed under the Constitution of Kentucky. So I hope that the city will take this up, consider this very seriously, and fix this problem. And if anyone has any questions, I'd be glad to answer them, provide any information. Thank you. Thank you. Thank you, Mr. Lane. And the last person I have signed up is Coleman. Mr. Coleman Bush. May I ask? Yes, sir. Yes, I'm only speaking. Thank you. Okay, well. You sure? You sure? I'm here. Okay. Okay. All right. I think I said I didn't want it. Okay. Okay. We appreciate your presence. We appreciate your presence. Thank you, sir. All right. There's a motion by Council Member Cosby to adjourn and a second by Vice Mayor Gordon. Is there any objection? All right. Hearing none, we are adjourned. Thank you all for being here tonight. Funny. Julie. Thank you.