and and first on our agenda is the roll call and I'll ask our clerk if you'll please Please call the roll. Madam Clerk. Yes, sir. Mr. Kay. Here. Mr. Lane. Here. Ms. Lawless. Here. Mr. Martin. Here. Mr. McCord. Here. Mr. Myers. Here. Mr. Stinnett. Yes, ma'am. Mr. Beard. Present. Mr. Blues. Here. Ms. Crosby. Mr. Ellinger. Here. Mr. Farmer. Yes, ma'am. Mr. Ford. Here. Ms. Gorton. Here. Ms. Henson. Here. Thank you. Thank you, Madam Clerk. And next on our agenda is the invocation, and I will share with everyone that Councilmember Farmer will be doing the introduction of our guest, the invocation tonight, Reverend Ron Edmondson. And he has reminded me three times that he wants to do this introduction, and you should. Councilmember Farmer, thank you, sir. Vice Mayor, members of the Council Emmanuel Baptist Church has a rich 106 year history and tradition in our city. I'm blessed to have been part of about half that amount of time. We've not had that many fine pastors. We have not had that many pastors over 106 years. We have a brand new one right now. Ron Edmondson comes to us from the Grace Community Church in Clarksville and he's actually preaching his third sermon on Sunday And I would encourage you all to watch on Channel 18 at 1030 or come as my guest or his guest. But he is also a member of the new Leadership Lexington class. I think he'll play a vital role in our city, and he's here to start Upper Cities with him vacation. Thank you. Let me just say that I've served where you're serving, an elected office in a previous life, and I realize what a thankless job it can be. and I thank you for the warm welcome this city has provided to my family. God, we are here gathered as a people called Lexington, and what a friendly community this is. God, I thank you for minds and for government and for structure that allows us to do commerce in this city. And I pray that everything that takes place today would be done in an orderly way, that you as Supreme God would bring peace and prosperity to this community. And I pray for the men and women who are elected here that, Lord, they would shine through, that you would shine through them and that they would do your work. And we pray all these things in Jesus' name. Amen. Thank you, Reverend Ron. and thank you, Council Member Farmer, for your enthusiasm. Thank you, sir. Yes, sir. Thank you, sir. All right. Next on our agenda are presentations, and tonight we are honored to have a group from Winburn Middle School students here, and they are here for us so we can recognize their achievements on National History Day. Now, first we will watch a very short video about National History Day and then Council Member Chris Ford and Kent Whitworth and Cheryl Caskey will join me at the podium. I've been around National History Day for probably 15 years. What moves me every year is to see students fall in love with the topic, and therefore fall in love with history. It starts off as a school competition, but since there's an opportunity to go forward, I think it's great that you can meet new people and just compete and see how you do. I love the different things you've learned. I had no idea how much I was going to really gain from what I've done. I thought I would learn a little bit, but not anywhere near as much as I've learned this year. The skills that they're getting, skills to be able to interview, be able to defend a position with research are applicable in all areas of study, not just in historical study. I'm a native of Kentucky, so it does my heart good to see Kentucky students from all over the commonwealth go to a national stage and more than hold their own. Sort of take their rightful place as the next generation of leaders. I'm definitely prepared to continue studying history as a college student. I'm going to be a history major at UK. So I want to get into the research and hopefully have a teaching career. I want to continue encouraging the next generation. I do reenacting, and the research has allowed me to further my reenacting skills and to make my impressions more periodical. It gives them an avenue to kind of go beyond the classroom and kind of extend those boundaries. At the Historical Society, we're all about 21st century skills now, the four C's, creativity, creative thinking, collaboration, and communication. Kentucky history standards are going away, and KHS is trying to find a home base for educational programming. and quite frankly we think we found a lifeline in 21st century skills and that lifeline aligns perfectly with National History Day. When you think about critical thinking and problem solving that's at the heart of the historical process and the beauty of National History Day is it goes straight to the analysis and then the interpretation of a topic not just memorization and sort of the regurgitation of it but really as I said rolling up your sleeves and getting your head and your heart and your hand on a topic to the point where it really means something to you. And once you've been through that process, you've equipped yourself with skills that are going to serve you well for life. All right. Let's give a hand for that video. Thank you. So, first things first after the video, I want to welcome students and teachers, Teresa Buczyk and Michelle Kaysen. And before that, I will ask Kent Whitworth, who was part of the video. Kent is director of the Kentucky Historical Society, and he's going to tell us a little bit more about the program. And then I'll ask Cheryl to join us along with Councilmember Chris Ford. So Kent, here we are. I apologize. You all get a heavy dose of me in the video and in here tonight. Before I make a few remarks, I want to publicly thank Mayor Gray for his involvement over the years with the Kentucky Historical Society, and in particular, the construction of the Thomas D. Clark Center for Kentucky History. He played a key role in the private sector fundraising and other projects. projects, and so we thank you for what you did a number of years ago, and that is a very dynamic place for Kentucky history to live for the years to come. I also would be remiss if I didn't recognize Councilman Farmer and have the privilege of working with him on the Mary Todd Lincoln House Board, and thank you for your leadership there. I've got to ask a quick question. Did any of you participate in Kentucky Junior Historical Society when you were a student? Any former KJHSers in the group? Early on, it was called Kentucky Young Historians. I don't know if any of you go back to the days of Kentucky Young Historians, but anyway. Well, I think you all would be pleased to know that we just celebrated the 50th anniversary of the Kentucky Junior Historical Society. And I would like to add my congratulations to our teachers and our parents and the students from Winburn for their hard work and their persistence. This is not something you throw together the weekend before Kentucky History Day. This is a year-long commitment and lots of research and refinement of projects. And as the video said, we at the Kentucky Historical Society feel very strongly that National History Day is a very valuable program. Not only do kids fall in love with their history, but more importantly, the tools that you develop through the historical process, we think, equip you for a lifetime. And the 21st century skills, critical thinking, creativity, communication, collaboration, are all really embedded in the historical process. And these are the skills that NHD, National History Day, really celebrates and really challenges students to develop. And so without further ado, it's my pleasure to introduce Cheryl Caskey, who is the program manager for the Kentucky Junior Historical Society and National History Day. Cheryl? Thank you, Kent, and thank you all for letting us speak here real briefly tonight. Before we introduce our students, I just want to give you a little bit of information about what they do throughout the year that has allowed them to accomplish this and be here tonight. First of all, National History Day is a year-long academic competition in which the students conduct original research utilizing those 21st century skills. And they use this research to create original projects, either an exhibit, a documentary, a performance, or a website. And then they take this research and these projects and compete at school levels, district levels, and the state level within Kentucky, which then allows them to compete for the opportunity to be at the national level, where they go to Washington, D.C. in the summer. And this year they competed against 2,800 students from across the globe. Because it's not just a National History Day. We have students who come from international schools in Singapore, Shanghai, Guam, and Puerto Rico. So they have the opportunity to meet a lot of different people. And so we have five of our six medalists this year who came from Lexington. And they all came from Winburn Middle School here in Lexington, which has really been a leader in this program in Kentucky. And it is not an exaggeration to say that it really sets the standard for excellence for this program. In no small part due to our two teachers here, Teresa Buczek and Michelle Kazon. And so their students are the achievers and the leaders and the innovators of tomorrow. And we are very proud of them and look forward to what they are going to accomplish in the future. So thank you. And with that, we're ready. Thank you, Cheryl, and thank you, Kent. To Vice Mayor Gray, to, excuse me, to Mayor Gray, Vice Mayor Gordon, and members of the council, I want to applaud the achievements of our young folks, particularly our students over at Winburn Middle School, for the accomplishments that they've had thus far. We hope that it will spark and continue in their development. and for representing Lexington on the national stage. And without further ado, I would ask that the young folks, the students would join the mayor and I up front, and then Kent will properly introduce them. I'll be introducing you. And let's ask the council members so we can get the pictures and all that good stuff. Y'all, you know the drill. Come on. Get my order. I have Neha Kadambi. Manachi Singhal, who actually just moved to California, so is not here tonight. Joanna Sluzarowicz, who is at camp, but her father is here to represent her tonight. Paul in our audience back here. And Darren Smith. And Jamie Smith. Thank you. Thank you. Thank you. Well, events like that, council members know that that's often the best part of our meetings. Oh, not that it's everything else isn't good, too. It's just having the kids here is great, always. All right, next on our agenda are ordinances requiring a second reading. and before the clerk gives the second reading, I believe we have some citizens here to speak on item number one, and according to Council Member Chris Ford, and also I'll recognize Council Member Diane Lawless on item number one, on ordinance number one. Council Member Lawless. Thank you. I would like to put forth an amendment to this item, which is number five, underlined, If a negative balance is maintained and a subsequent deposit is made to an inmate's account by a third party other than the inmate, no more than 50% of the deposit shall be used to offset the negative balance. And what that means is if a family member or friend comes in and makes a deposit in the commissary account and they have a negative balance due to the fees, the medical fees, et cetera, only 50% of that will be used to offset that. And I would also like to add number seven to that, and that is any inmate that is acquitted of any of the charges for which they were incarcerated, they get their $35 booking fee returned. I have spoken with Detective, sorry, Director Ballard, and he says this is a common practice, and he is okay with that if he's here and wants to say anything. So that's my, so I move to make that amendment to this legislation. All right. So, Council Member Lawless has made a motion. Is there a second to the motion? Is there a second? Second. All right. Council Member Kaye has given a second. All right. The floor is available now for discussion on the motion. If you'll just sign up, please. I will recognize council members for discussion on the motion. All right. Vice Mayor Gordon. Thank you, Mayor. Can you please repeat what number seven should say since we do not have that? Yes, and I'm sorry that that was left off. And I may have handed my copy, too. Any inmate that is acquitted of the charges for which they were arrested and incarcerated will have their $35 booking fee refunded. And that is a common practice around the state. And the other amendment about the 50% deposit is also a common practice. and Director Ballard, if you're here and would like to speak to that or give your nod of approval. While I'm still on the clock, I have another question and then I really would like to hear from Mr. Ballard about this. Is that the only change, number seven and number five? Are those the only changes to what is on the docket? Yes, ma'am. So, and I would like to hear from Mr. Ballard. So, yeah, Director Ballard, I think it would be appropriate for the questions for Councilmember, for Vice Mayor Gordon. And did you also have a question for Director, Councilmember Lawless? No? No. All right. Okay. We've had a discussion about this. He may want to elaborate on that. So, Vice Mayor. Thank you, Mayor. Those were my questions, and I wanted to hear from Mr. Ballard about his perspective on these two changes. Industry standards across the Commonwealth of Kentucky is when the loved ones put money on a loved one's books in many county jails, that the jailway takes 50 percent of that money. There's only a handful of jails that do a complete refund of the $35 if the inmate is acquitted. So you said a handful. It's probably not fair to ask you off the top of your head, but do some of them then give partial refund based on a formula or something? No, ma'am. I think the industry position is that the institution incurs a cost, even if the person is found not guilty. So the booking of an inmate would incur cost to the detention center. And so from what you said, most of them do not refund it? That's probably a fair statement, but I will tell you the largest jurisdiction, Jefferson County, does refund. Okay. Do they fund the entire booking fee? Yes, ma'am. All right. Thank you. Thank you, Vice Mayor. Council Member Kaye, did you have, you decided, okay. All right. All right. Council Member Stennett. Thank you, Mayor. Director, do we refund it now? No, sir. So the $20 we currently keep regardless of what happens? Yes, sir. And so why wouldn't we just do it now anyway? I mean, why is it taking the fee increase to want to support this? I mean, is there an advantage? My point is, is there an advantage either way? I mean, what are we trying to accomplish by this? I guess that's more what Councilman Lawless. I guess the increase in the fee was is just offset our general cost for operating the institution. Right. And to help offset it. It will require a little more additional paperwork for those to prove they were found not guilty in bringing that paperwork back to us. But if that's what Council chooses, we're prepared to do that. And do you know why Goval does that currently? No, sir. You mentioned they're the ones that you remembered that refund it completely. No, sir. All right. Councilman Liles, do you have any, I mean, I guess we've been doing it all these years. Are you saying because it's increasing, then that cost is a burden we should refund at that point? No, it's not because of the increase. It's because while we're doing this, it seems that that is an appropriate thing to do, and we probably should have been doing it all along. You know, not everybody that gets arrested is guilty. And while there may be a cost to us, and Director Ballard said that there wouldn't be a large number of people that would probably be getting the refund, there's a huge cost to being arrested. And you used the word acquitted. I assume if the case is dismissed, that's the same thing we're going to use as being acquitted? I believe I would be correct, yes, sir. Yeah. Okay. Dismissed, sir. I would just think it's a little bit different topic than combined with this change in the ordinance. I appreciate that the 50% issue, but adding number seven, I'm not comfortable with, so I won't support that piece. I think that's a whole other discussion. and to see the financial impact of that because there's still work that has to be done out there any time we process someone. So if that's a discussion we want to have, I'm all for it. I just don't like combining it with this change tonight on the medical cost because this strictly deals with that cost and the booking fee. I don't necessarily want to get into that conversation right now without the appropriate counties and seeing why other people do it and don't do it. Thank you, though. Thank you, Council Member Stendet. Council Member Hanson. Thank you, Mayor. Rodney, so currently if a person, no matter how long they're at the detention center, they're charged a booking fee, is that correct? Yes, ma'am. Even if they bond out within just a few hours of coming into the detention center? Yes, sir. Yes, ma'am, because we incur that cost when they show up. We still have to do all the paperwork. We have to put them into the database, verify their bonds. So there's a lot of work we have to do on the front end before they're even considered for the bond. So in this ordinance, I see the point of if I were arrested and found not guilty, so it cost me $35. I guess I see the point as just that it's being the right thing to do to reimburse that person. that cost, but especially I can see if they were in there to stand trial and they were there for several months because they couldn't bond out or for whatever reason couldn't be released. But when they're in there just for a few hours they pay the $35 and it's gone. Do you think it's appropriate to be in this ordinance? Well, it's sort of like the record driver that tows the car from the DUI. If the person gets found not guilty in the DUI, he doesn't get his record bill back. Nor does the defense attorney give him his money back because he's acquitted. The purpose of the fee is to offset the cost of operating a facility. Whether a person's found guilty or not guilty is not the issue. It's the cost that government incurs when they're presented to us to take them into custody. So in your opinion, is it you think the fee should remain like it is currently? I would prefer it that way, but again, I can go either way. And if the council wants me to do it either way, I'll be glad to do it. Okay. I would rather, I guess, see it further studied, and I won't support it tonight in this. But, you know, I see your point as far as if I unnecessarily get my car towed, then I still have to pay the toll bill. So, but I do think it's something maybe we could look at. Could it be changed? Does it have to be changed by ordinance? Or is that something you could change just within the procedures of the detention center? I think because this ordinance is required by KRS to change the policy, I think you'd have to change the ordinance. Will you say that again? I'm sorry. The Kentucky Revised Statute requires government to have an ordinance before you today. So I think if we change the way we're doing business, I think you'd have to change the ordinance to be in compliance with the KRS. Okay, thank you. Council Member Blues. As I understand it, number seven, which we don't have in writing, refers to a refund if the charge is acquittal and dismissed. Is that right? It's not very clear since we have nothing in writing here. I think both those words are interchangeable. if the case is dismissed because of lack of prosecution or found not guilty. I believe those are the means. But there is a difference. I mean, to be pretty just to be not guilty. And that's different than being amended, too. I mean, a person could be charged with the original crime and then been amended to something else that wouldn't include that. Well, I think the lack of clarity here is, in addition to the fact that we were just handed this minutes before the council meeting and asked to take it up on the verge of a second read over an issue that needs, I think, some further consideration. So I would hope that we would set this aside for tonight and maybe take it up at some future date if it seems appropriate. So I'm not inclined to support this amendment. Thank you. All right. Council Member Lawless. I am happy to withdraw the number seven and put it in committee. But I would also like to say that the people who are most likely not to be able to get to be bonded or bailed out are the most indigent. in most cases. And a lot of people, you know, if you're arrested and you spend a month in jail waiting trial because you can't afford to pay the bail or the bond, your life has been extremely altered. Your reputation may have lost your job. Your family's impacted. But I will withdraw number seven. and just make number five amendment, and I will be glad to withdraw that if Council Member Kaye, who seconded it, is okay with that. Council Member Kaye, would you wish to speak to the... I guess I'm not clear about procedures. You're withdrawing number seven, but you're leaving number five on. So that would be a, is that a, we've got two pieces, but they were moved in one motion. So I'm not clear how to. So do I need to make a new motion? I'm sorry. Why don't you try that? Okay. I'll withdraw the first motion. And make a second motion. All right. Council Member Kaye has agreed to withdraw his second. And now, Council Member Lawless. If a negative balance is maintained and a subsequent deposit is made to the inmate's account by a third party other than the inmate, no more than 50% of the deposit shall be used to offset the negative balance. So moved. I'll second. Motion by Council Member Lawless, second by Council Member Kaye. Is there any discussion? Vice Mayor Gordon. Yes, thank you, Mayor. So I'd like to know what exactly the impact of this would be from your perspective, Mr. Ballard, since we just got this. It sounds like it means a negative balance could still be maintained. I'm not sure. The scenario would be that the inmate owed us $100, as an example, and the loved one came in and put $50 on the commissary account. Our current practice is to take 100%. Okay. Under the proposal Ms. Lawless has today, the same scenario, they gave us $50. We would take $25, put it towards a negative balance, and then the loved one would get $25 to spend on the commissary. And each time money was put on the inmate's account, again, 50% would go to the negative balance until it was paid in full. Is that your interpretation? So one could continue to have a negative balance while having money to spend? Is that the intention? That is correct, that if a loved one comes in and puts money in their account, 50% of it would be to offset any negative balance they had. and 50% would be used by them for whatever, like underwear or shower shoes or a candy bar if they wanted. Is there a reason that you wouldn't want to put this with the number 7 to be discussed together? Well, what I'm hearing is people aren't comfortable with number 7, and I apologize that it was not written out for you. So if it's, you know, if we can just move forward and put number 7 in committee, then that would be okay. Thank you. Thank you, Vice Mayor. Council Member Stennett. Thank you, Mayor. Director, do we have the computer software to flag this kind of transaction? I assume we currently keep our database in-house on the commissary account, but we can flag this. It's not an extra cost. That's correct. So we have the technology? Yes, sir. Okay, very good. Thank you. Thank you. All right. I don't have anyone else who signed on to speak, so we can vote on the motion. All in favor of the motion, please indicate by saying aye. Aye. Opposed, no. No. All right, let's do the electronic vote then, please. All in favor, please vote electronically, yea, and opposed, no. All right. Motion fails. All right. There are several people here to speak. I was going to do that next. There are several of our guests. Excuse me, Mayor. I voted no, but it didn't show up on the screen there. Did you? You get that, Susan. Council Member Lane. All right. There are several guest citizens who have signed up to speak on this issue tonight. And I'll start with, if you have signed up for this issue, then please come to the podium when I call your name. If it's for another issue later, then you can just let me know when I call your name. Is Mr. Edwards, Russell Edwards? Another issue. Another issue, all right. Corey Dunn. How's it going? You know, you've got three minutes. Corey, are somebody else going to give you some of that time? I'm sure I've probably got about 12 minutes, truthfully, but I won't be long. No, no, I mean, I just was asking if someone else had maybe given you their time. I did get your time right and his time, so I've got nine minutes, but trust me, I won't take that long. Thank you, sir. You're familiar with the procedure. Cory Dunn. Thank you, sir. The 3185 Pimlico Parkway. I had this big, long, drawn-out speech for y'all, but y'all have heard it all before. And based on the conversation at hand, I don't think it's really going to make a difference one way or another. I was talking to a friend of mine. I was like, hey, y'all need to come down to the meeting. We need to talk about the jail fees, this, that, and the other. and they said, government does not care about the people except for when it's election time. I said, you know, I totally disagree. I said, I know the council members. I've spoken to several of them, and they're good people. They have the best interest of the people that they are representing at heart. So I said, you know, I believe you're mistaken. I talked to another person. He said, city council only cares about money. And I said, I totally disagree because, you know, their job is to make sure that the budget works and that everything within the city is structured properly. And I know that you guys do have to worry about money. But I was like, you know, $200,000 isn't that much money based on Lexington's budget. So I don't think that city council would pass this ordinance because I know for a fact that $200 isn't that much money. And if they want to save money, instead of offsetting the cost of incarceration, they would do things like the federal system does, which is let almost anybody who gets a charge out on a $10,000 unsecured signature bond, and then they put them on home confinement, which you could actually charge the person for the crime $3.25 a day, which is not very expensive, and it would save us as taxpayers, all of us out here. And y'all too, because y'all pay taxes. It would save us about, what, $50 to $80 a day that I believe it costs to incarcerate somebody. So I was like, you know, money definitely can't be the issue. I mean, it's not like that. Then I said, we'll talk to somebody else because I've been on Facebook all day trying to get people to come down here and rally, you know, about the jail, this, that, and the other. and this person told me that city council already has their minds made up so we aren't wasting our times because it is a lost cause. And I said, ain't no way it's a lost cause because all the people on city council are elected officials and those elected officials are there to serve the people in their communities. So you have people like Mr. Ford who's in the 1st District. It's a high crime area. So this is also a very, very impoverished area. I believe it's the poorest district in the city, if I'm not mistaken, right? Or close. You have Mr. Myers, you're in the 8th district, where I now reside. You have a lot of crime in that area as well. And as such, a lot of people in that area are going to get incarcerated. So it's going to affect your community. It's going to affect the Cardinal Valleys. it's going to affect the city as a whole. So, you know, I was like, these people are representatives of the people. So I know that city council is not going to pass this ordinance because they have hearts just like everybody else. They care about the people that they represent, and I know that they wouldn't pass an ordinance that's going to not hurt the criminal but the family of the criminal. And I was like, you know, with everybody up here being educated, I'm pretty sure that city council can see that. And then I came in today, and I noticed a motion was made. to change the ordinance, which was voted down. But that just let me know pretty much that the people that I talked to may have been right. I would like for you guys and ladies and gentlemen, I guess, to not pass this ordinance. It's no disrespect to Mr. Ballard. I've actually been talking to him. He's a very nice guy, and I know he means well. But, you know, right is right. Wrong is wrong. So when you ask questions like, how come we shouldn't give the money back if they're found not guilty because every other city doesn't do it? Well, I don't think Lexington is like every other city. We the home of the Wildcats. I mean, we have the best of everything around here. We compete with Louisville and they might have a bigger population, but I still like Lexington. I mean, we got the top this, the top that we ranked in all kind of categories for education, for jobs, for this, that and other. So why compare ourselves to people who are not quite on our level yet? Why not lead the race in doing what's right? Why not be the ones who take the lead and take that first initiative and say, you know what, let's try something different. But, I mean, it's up to you guys. I'm sorry for rambling on. I'm going to have a seat now. But I would appreciate it if you, ladies and gentlemen, could not pass this ordinance simply because it's not going to affect the criminal. It is going to affect the family of the criminal. And the potential to make $200,000, it's cool, but I mean, I can tell you several different ways to make $200,000 without taxing the families of the people who did not commit the crime. So that's all I have to say, and please do the right thing. Thank you, Mr. Dunn. All right. Thanks, Corey. I have Mr. Mason, James. Mr. James Mason. Mr. Mason. You're going to give your name. We have this protocol of giving the name and address before we start speaking. I didn't mean to interrupt you. I just wanted to let you know that that's the procedure. If you'll just give your name, Mr. Mason, and address. All right. Home address. Thank you, sir. My name is James Lewis Thunderbolt Mason, Jr. Yeah. All right. And my address is P.O. Box 297, Lexington, Kentucky. The zip code there is 40588-0297. First of all, I would like to ask each council member, the last time I spoke, I wanted y'all to visit the jail individually. to go around and talk to the inmates and find out for yourself, not anybody else, what they are really going through at the jail. Because a lot of times we have people that go to jail and it's a whole lot of people out here quite bluntly don't give a damn but I'm saying that y'all should because for this simple reason y'all might have I mean there's been only one perfect person on this planet. And that was Jesus Christ. And he was a Jew. And many of his people have been prosecuted. And on top of that, y'all might have in the near future loved ones that go to jail, penitentiary. And y'all are going to want them to be treated right, to be treated like decent human being. And in the near future, the men of action are going to these jails to speak to the prisoners, the jailer. And we have our heartfelt feeling for them because if nothing else, they're human. They've made mistakes. We all have made mistakes. And it's like this. If y'all pass this, then we are the ones that's going to have to pay it. If we don't pay it, the taxpayers are going to have to pay it. So I am asking you, each one of you, to please not pass this ordinance. And at this time, that's all I have to say. But the only other thing I have to say is I want each one of you to put your heart and souls into it. Thank you. Thank you, Mr. Mason. and I may pronounce this name incorrectly. You all forgive me if I do. Mr. Eide? Yeah, Michael. I have friends in Japan whose name is spelled the same way, and it's Ide, as you probably know. So, Michael, if you'll give your name and address, and the protocol is the three minutes, as you probably know. Thank you so much. Thank you, Mr. Mayor. Ms. Vice Mayor of Council, my name is Michael Eide. I live at 128 Devonia Avenue in Lexington, Kentucky. Last month, I came to you and I gave you my impression as a sociologist that increasing these fees could lead to increased violence within the jail. We know that violence among prisoners is often related to both the formal and the informal economies. As we increase inequality in the jail by increasing these fees, it is my very strong impression that this will lead to increased violence. which will hurt not only our incarcerated brothers and sisters, but also people that have to deal with that violence, jailkeepers and the like. I've looked it up. There have been no official sociological studies on this, but I think it's a pretty well-grounded impression. Further, I would like to back up what Mr. Dunn said, that this will create strain on families and loved ones of incarcerated people. We know that when people get out of prison, they need their loved ones to be a support network if they're going to be reintroduced into the civilian population. Increased strain, I think, will lead to higher rates of recidivism. People will be going back to jails in higher numbers because their families and loved ones will find it more difficult to support them. This is bad for everyone in our community. Other states, notably Rhode Island and Texas, actually garner people's wages. They go after them. We already know that it's hard enough to find a job when you get out of jail. When you start having creditors calling and saying, oh, you know, they have this fine that they need to pay, that can only hurt them more. We currently don't do that in Lexington, is my understanding. But it will become financially more important to do that if people are leaving with larger and larger fines. I think it only is logical that we could start sending creditors after people, making it just incredibly hard to come back into the community as productive citizens. I would like you to keep the fates of these people in mind, not only the tax or the city budget. I think that Council Member Lawless's motions definitely were in line with that and keeping the impact of individuals first and foremost when you very soon pass your vote. Mr. Dunn also asked me to mention a website. It's mycarepack.com, that's M-Y-C-A-R-E-P-A-C-K dot C-O-M, where people can send money in case this motion is passed to help to support these individuals. Thank you. Thank you, Michael. Shea Semanek, did I pronounce that? I know you corrected me on that pronunciation once before. It's Samonic. Samonic, thank you. My name is Shay Samonic. I live at 400 Aylesford Place in this lawless district. Last time I spoke in front of you about something I knew very well, which was the safety of bicyclists in downtown Lexington. I currently have very... If I could, I'm sorry to interrupt you. What we're doing right now is the discussion is on the corrections fees. I'm going to speak on that. Oh, you are? Okay. All right, then forgive me. Thank you. I know very little about the detention center. I have no experience with that. but so last time I was here I did not want to voice my opinion because I did not want to feel I didn't want to come off naive and as a fool or anything but a few weeks ago I was here when Mr. Dunn was speaking and he mentioned that he had when he was incarcerated you know if he had the choice between paying his medical fees or calling his children he would call his children And I've been thinking about that for a while, and I don't think somebody should have to make that decision. I believe that those are two very necessary things, being able to keep your health and being able to keep in touch with your loved ones. And if these medical fees are raised, I think the chances people will stop taking advantage of the health care and people will just continue to get ill. I know I'm very close with my family, and I can't go a single day without calling my parents or my brother, even though I moved out several years ago. And I have been known to go find my brother if I can't get a hold of him. And if I couldn't do that, it would devastate me. And if that meant I had to stop, if I had to pay to go find him or to go talk to my family, in exchange for not being able to have medical care, I would do it in a heartbeat. A few months ago, I had to have my wisdom teeth removed, and that was a very costly procedure, and I, at the time, had to choose between that or paying my rent. And thankfully, my mother was very generous and paid for my medical bills. But, I mean, I really hope that you will take into consideration the amount of money that these inmates have and vote down this ordinance. That was all I have to say. Thank you very much. Thank you. Thank you. Mr. Duncan, are you here to speak to the... All right. Thank you, Drew. My name is Drew Duncan. I live at 152 Wendland Avenue. I came today to speak against the proposed ordinance. I really don't have anything to add to the long list of complaints that were voiced today and at the last council meeting. I just wanted to add a couple things. It seems to me that this creates a situation where inmates may avoid seeking medical attention when they need it, and I think that creates the possibility for a dangerous situation, which could be much more costly than the money that this ordinance might save. and that it seems to me it creates a punishment through legislation that at no point a judge or jury has any say in deciding whether or not a person can afford these. And I guess that's all I have to say. I'm opposed to it, and I wanted to also speak in favor of Council Member Lawless's amendments. Thank you, Mr. Duncan. And is Janet Tucker here to speak on the same? Oh, you had given your time? Yeah, thank you. All right. Thank you. Thank you, Janet. All right. Thanks to everyone who's come tonight to speak to this issue. And now I will ask the clerk if she will read the ordinances, please. Thank you. and 99 cents to include a booking fee of $35 and to provide that any fees received shall be used to help offset the cost of operating the detention center. Number two, an ordinance change in the zone from a single-family residential R1C zone to a neighborhood business B1 zone for 0.225 net, 0.273 gross acre for property located at 763 Lane Allen Road, Sable Holdings, LLC. Number three, an ordinance amending Articles 13-4 and 13-9 of the zoning ordinance to update membership provisions of the Historic Preservation Commission and references to codes for properties within the Historic Overlay Zone. Number four, an ordinance amending Article 8-20B of the zoning ordinance to add retail sales of automotive parts with storage and distribution of inventory to other local establishments under the same ownership in the Highway Service Business B-3 Zone. Number five, an ordinance amending subsections 16-16.2, subsection C, and 16-64, subsection C, and 16-404, subsection 4 of the Code of Ordinances of the Lexington-Faylor County Government to provide for a penalty for unpaid bills after 15 days in interest at a statutory rate, creating section 16-16.4, 16-64.1, and 16-404.1 of the code to provide for a two-year period effective August 1, 2012, within which to file a claim for refund in a claims process, creating subsection 16-59B3 of the code to provide for billing credits, amending section 16-63 of the code to provide for monthly billings and billing adjustments within two years, Amending Section 16-64A of the Code to provide for assessment of fees or expenses incurred as a result of discontinuing water service and amending Section 16-408, Subsection 2 of the Code relating to the membership of the Water Quality Fees Board, all effective August 1, 2012. Number 6, an ordinance pursuant to Sections 3.02, Subsection 24, and 6.12 of the Charter of the Lexington-Fade-Irban County Government, transferring the Division of Engineering and the incumbents in all authorized positions, as well as all vacant positions from the Department of Environmental Quality and Public Works to the Department of Planning, Preservation, and Development at their current job classification, pay grade, and salary. and number seven, an ordinance amending certain of the budgets of the Lexington-Fadurban County Government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds. Schedule number one. Thank you, Madam Clerk. Council Member Ford. Thank you, Mayor. Mayor, I make a motion that we separate ordinance number one and vote on it separately. So move. Second. Motion by Council Member Ford. Second by Council Member Beard. Is there any discussion on the motion? Separation? Hearing none, we can take a vote then. All in favor, please say aye. Aye. Opposed, no. Motion carries. Is there a motion to approve second reading of ordinances? Motion by Council Member Farmer, second by Council Member, is there a second? Second. Second by Vice Mayor Gordon. All right, is there any discussion on the motion? All right, Council Member Ford. Thank you, Mayor. Is this the appropriate time for us to discuss ordinance number one, the original ordinance that's on the docket? I'm going to be voting no against ordinance because is it It passed. Yeah, okay. I'm going to be voting no against ordinance number one in large part due to some concerns that have been raised by our citizens as it pertains to the medical fee. I personally don't have as much heartburn with the increase to the booking fee as I do to the copay for the medical insurance for all the items that were mentioned before. I do applaud Mr. Ballard and the folks out of Corrections for making themselves available to meet with us as a council and offer that workshop. and I understand that their job is trying to defray costs, but again I think it'll have a negative impact upon the population of citizens that we are charged with housing in our correctional system from time to time. I personally feel that this is good committee work. This is an item that was brought to us from the administration, from Mr. Ballard. But the council, I think, there's too many unanswered questions. the impacts that it will have, at least for me, still leaves much to be desired. I think that we collectively stand to learn a lot more and could really examine this issue a little bit more. But as it stands right now, the upper down vote on this ordinance is I'll be voting no against it. I look forward to working to help improve it if it does fail. But I'll ask my fellow council members to vote it down at this time as well. Thank you, Mayor. Thank you, Council Member Ford. Council Member Kay. Thank you, Mayor. I'm going to agree with Council Member Ford. I have too many questions about the ways in which the fees that are assessed will be used within the system. I have concerns about the impact that it will have on the inmates themselves. I have concerns about the impact it will have on their families. These, for the most part, are people who have limited means, and to assess additional fees for them at this time I think is inappropriate. So I'll also vote no. Thank you, Mayor. Thank you, Council Member Kaye. Council Member Lawless. I, too, will be voting no. I feel like the amendment that was offered did give some opportunity to raise the fees, but also gave an opportunity for inmates to have money to spend on those items that for some are very essential. and without that amendment, I think we do not have any idea what the financial impact is. We know there's going to be a change in status that the haves and the have-nots do create situations often in jails. This was something that I spoke with Director Ballard about and he was okay with, and I'm not sure why he kind of wavered a little bit when he got to the mic, but without the amendment, I would like to see this go into the Public Safety Committee rather than be voted on tonight. But so I can't support it without at least the amendment that gives an opportunity for people to have loved ones give them money and half of it be used. So would this be an appropriate time to make a motion to put this in committee? Well, I think a motion can be made at any time. Council Member Henson has signed on to speak as well. Do you want to hear what Council Member Henson says and then consider that motion? Thank you. Council Member Lawless. Council Member Henson. Thank you, Mayor. I had another question for Mr. Ballard, if he's still here. He's here. Thank you, Rodney. I talked to you earlier, and you were inclined to the 50% rule where if money is placed in the commissary fund for the inmate, you would only take 50% anyway. That's something you can do without ordinance. Is that correct? Yes, ma'am. So in that, and you had told me you intended on doing that? Yes, ma'am. Okay. I'm going to support the ordinance, and as I had said before, I'm not opposed to the increases. like Council Member Ford, I do have some concerns about the uses of the money, the reimbursement of the booking fee once you're found not guilty and so forth. And I think it would be appropriate to put that in committee and examine that further, but I will support the ordinance tonight. Thank you. Do you understand the fees we collect, we turn back over to the government. We don't keep them there at the jail. Pardon? The money we would collect, we don't keep there. Those are fees we turn back over to finance. So I don't have the ability to spend that money on other things. I turn that money back into the government. To reimburse an inmate if they're found not guilty? Is that what you're... No, I'm talking about the money we collect. Those fees that I collect, we don't keep at the detention center. Okay. We give that money to finance to give back to the government. And it doesn't go toward the operation of the detention center? Yes, ma'am. Okay. Thank you. Thank you, Council Member Hanson. Council Member Stennett. Thank you, Mayor. Director Ballard, while you're up here, go back, and I want to be clear on something, because I think there's been some misstatements tonight made. If an inmate does not have these fees, whether it be $5 or $15, do they still get medical treatment? Yes, sir. U.S. Constitution requires that. Okay, so whether they pay or not, they still get treatment? That's correct. And then on the negative balance, who pays that negative balance if the inmate cannot? It just remains, it just stays in a negative balance, and the law says we can continue to show a negative balance in the event he returns back to custody. So it doesn't prohibit them from getting released if they've served their time. It doesn't go on their credit file or credit report as a negative balance, or do we file that with the credit bureaus? No, we do not file it. So you don't file with the credit bureaus. It doesn't file or prohibit them from leaving. Do we bill their families for it? No, sir. So it just stays a negative balance, which the taxpayers then pick up, the rest of the taxpayers in the community pick up, correct? Yes, sir. Very good. Thank you. Thank you, Council Member Stennett. Thank you. Thank you, Mr. Ballard. Council Member Lawless, do you wish to make a motion? Thank you. We have to vote first on the, we need to vote first on this motion. Is there any further discussion? It's a motion to approve. And we're separated. What? All right. So, Madam Clerk will vote on a roll call. It's appropriate then for a roll call vote on number one first. Okay. That's what I was going to ask for clarification purposes. This vote is just for number one? Just for number one. Okay. Okay. Okay. Excuse me. Mr. K? No. Mr. Lane? Yes. Ms. Lawnless? No. Mr. Martin? Yes. Mr. McCord? Yes. Mr. Myers? Yes. Mr. Stenet? Mr. Beard? Mr. Blues? Mr. Blues? Yes. Thank you. I think we heard two. Did you get the votes? Yes. The vote is correct in the system. Mr. Beard was a no. Mr. Blues was a yes. Right. Okay. Sorry. And you all are recording your votes as you speak. Yeah, okay. So we're good. On your screen. Thank you. Mr. Ellinger? Yes. Mr. Farmer? Yes, ma'am. Mr. Ford? No. Ms. Gorton? Aye. And Ms. Henson? Yes. Thank you. Thank you, Madam Clerk. The vote reflects passage of the motion on number one. All right. So, Madam Clerk, when you're ready, you can call the roll on the remaining ordinances. Okay. Let me recapture the... Okay. Now this is for ordinances two through seven. Mr. Kay? Yes. Mr. Lane? Yes. Ms. Lawless? Yes. Mr. Martin? Yes. Mr. McCord? Yes. Mr. Myers? Yes. Mr. Stennett? Yes, ma'am. Mr. Beard? Yes. Mr. Beard? Yes. Mr. Blues? Yes. Mr. Ellinger? Yes. Mr. Farmer? Aye. Mr. Ford? Yes. Ms. Gorton? Aye. And Ms. Henson? Yes. Thank you. Thank you, Madam Clerk. The vote reflects passage of the motion. All right. Next on our agenda are ordinances requiring first reading. And when you're ready, Madam Clerk, please give us first reading. Ordinance number eight. An ordinance amending Section 2-243, subsection 2 of the Code of Ordinances, related to the Raven-run Citizens Advisory Board to include the word ecological as a purpose, amending Section 2-244 of the Code of Ordinances related to the Raven-run Citizens Advisory Board to delete Garden Club of Lexington and the phrase selected from the Fayette County School System and replace them with a Lexington Garden Club and a current or former educator from a Fayette County school. Number nine, an ordinance submitting Section 21-52 of the Code of Ordinances abolishing one position of skilled trades worker, grade 111N, and one position of public service worker, grade 106N, and creating one position of administrative specialist, grade 110N, and the Division of Parks and Recreation appropriating funds pursuant to Schedule number two and effective upon passage of council. Number 10, an ordinance amending section 21-52 of the Code of Ordinances abolishing two position of public service worker grade 106N and creating one position of operations manager grade 116E in the Division of Waste Management appropriating funds pursuant to schedule number three effective upon passage of council. Number 11, an ordinance amending sections 21-25, 22-22, 22.5, 22.53.2, and 23.28 of the Code of Ordinances, providing a 2% structure movement to the salary schedules applicable to classified civil service employees, unclassified civil service employees, including council staff and traffic school guards, and a 2% increase to the maximum of the pay range of program assistance part-time, providing that all classified and unclassified civil service employees accept seasonal employees in Account 332 who receive satisfactory scoring on their performance evaluation pursuant to Sections 21-29D and 22-26-5 of the Code of Ordinances shall receive a 2.5% pay increase if their salary is less than $39,700 and a 2% pay increase if their salary is greater than $39,700. Amending Section 23-32D of the Code of Ordinances, modifying the existing step structure for the positions of police chief grade 324E and fire chief grade 324E, increasing the salary by 2% of one position of friend of the court grade 000 within the office of the circuit judges, one position of ABC administrator part-time grade 000 within the office of alcohol beverage control, three positions of law clerk part-time grade 000 within the department of law, three positions of skilled trades worker part-time grade 000 within the division of community corrections one position of park patrol coordinator part-time within the division of parks and recreation and 229 positions of program assistant part-time within the division of parks and recreation all to become effective if retroactive to july 2 2012 and number 12 an ordinance amending certain of the budgets of the lexon and vadova county government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds schedule number four. Thank you, Madam Clerk. Are there any motions for walk-ons or suspensions of the rules for secondary? Council Member Stennett? Yes, Mayor. Thank you. I move the place on the docket an ordinance changing the zone from an AU zone to a planned neighborhood residential R3 zone for the property located at 3435 McFarland Lane, subject to certain use restrictions imposed as conditions of granting the zone change. So moved. Second. It's a motion by Council Member Stenet, second by Council Member McCord. Is there any discussion on the motion? All right. Hearing none, then we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Thank you, Mayor. Thank you, sir. Madam Clerk. Now, it would be appropriate at this time to have a motion to hear this with or without a public hearing. Yeah. Councilman, understand it? I placed it on without a hearing. You placed it on without. Okay. So it was already in the motion. Yes, sir. I apologize. I missed that. Without a public hearing. All right. Thank you very much. Thanks. So it's already part of the motion. Never mind. Okay. I'll give it first reading. Sorry about that. Thank you, ma'am. I missed that one. It is ordinance number 13, an ordinance changing the zone from an agricultural urban AU zone to a planned neighborhood residential R3 zone for 18.23 net and gross acres for property located at 3435 McFarland Lane, subject to certain use restrictions imposed as conditions of granting the zone change, the fairways at Andover LLC. Thanks. Thank you, Madam Clerk. All right. All right, I don't have anyone signed up for any additional walk-on or suspension. So we can move on to resolutions that need a second reading. When you're ready, Madam Clerk. Resolution number one, a resolution accepting the bid of Universal Environmental Services establishing a price contract for used oil recycling for the Division of Facilities and Fleet Management. Number two, a resolution accepting the bid of Ecolab Incorporated, establishing a price contract for laundry dispensing system and supplies for the Division of Community Corrections. Number three, a resolution accepting the bid of Bluegrass Mailing Data and Fulfillment Services, establishing a price contract for print and mailing services, sewer, landfill, and water quality fees for the Division of Revenue. Number four, a resolution accepting the bids of Commercial Services Incorporated, doing business as signs now, Roe Call Incorporated and Safety Co. Incorporated, establishing price contracts for sanitary sewer overflow signs for the Division of Water Quality and authorizing the mayor to execute any related agreements. Number five, a resolution ratifying the probationary civil service appointment of Alicia Smith, Administrative Specialist Senior, Grade 112N, 18.194 hourly in the Division of Human Resources, effective June 18, 2012. Number six, a resolution authorizing the mayor on behalf of the urban county government to execute seven release of easements, releasing various streetlights, sanitary sewer storm, and drainage easements on various properties located on Weston Park. Number seven, a resolution authorizing and directing the mayor on behalf of the urban county government to execute an agreement with the Kentucky Department of Military Affairs, Division of Emergency Management for extension of the South Bend, Lone Oak Drive, Lafayette Parkway flood mitigation project through September 14, 2012, at no cost to the urban county government. Number eight, a resolution authorizing and directing the mayor on behalf of the urban county government to execute an agreement with Blue Gratch Regional Mental Health Mental Retardation Board, Incorporated, doing business as Comprehensive Care Center for Mental Health Services for Inmates at the Detention Center at a cost not to exceed $881,265. Number nine, a resolution authorizing the mayor on behalf of the urban county government to execute a contract with central business systems for mail equipment and maintenance at a cost not to exceed $3,107.28. Number ten, a resolution authorizing and directing the mayor on behalf of the urban county government to execute a lease agreement with Lexington Fayette County NAACP branch for lease of space at the Black and Williams Neighborhood Center located at 498 Georgetown Street. Number 11, a resolution authorizing the mayor on behalf of the urban county government to execute a lease agreement with the Urban League of Lexington Fayette County for lease of space at Black and Williams Neighborhood Center at 498 Georgetown Street. Number 12, a resolution authorizing the mayor on behalf of the urban county government to execute an agreement with the Lexington Bay Urban County Human Rights Commission for the purchase of services for FY 2013 at a cost not to exceed $200,260. Number 13, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute and submit a grant application to the Kentucky Department of Education, Division of School and Community Nutrition to provide any additional information requested in connection with this grant application and to accept this grant if the application is approved, which grant funds are in the amount of $79,000 federal funds are for participation in the child care food program at the Family Care Center, the acceptance of 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. Number 14, a resolution authorizing the mayor on behalf of the urban county government to execute an amendment to sublease in a management agreement contract number 4730 with Lexington Arts and Cultural Council, Inc., for management and operation of the Downtown Arts Center. Number 15, a resolution authorizing the mayor on behalf of the Urban County Government to execute a letter of agreement with Dean Norton Allen Ford, PLLC, for preparation of the sheriff's settlement for the 2011 property tax year at a cost not to exceed $15,000 in FY 2013. Number 16, a resolution authorizing the mayor on behalf of the Urban County Government to accept a donation from Petal to Planet, Incorporated, of three fix-it stations for use at Legacy Trail at no cost to the urban county government. Number 17, a resolution I'm ending at Section 1 of Resolution No. 333-2006, which authorized and directed the mayor on behalf of the urban county government to execute a certificate of consideration and accept a deed conveying permanent storm sewer and temporary construction easements from David Freeman for property located at 695 Woodward Lane for the Wilderness Road-Woodward Lane sanitary sewer project, changing the cost from no cost to the Urban County Government to $1,796.85 plus usual and appropriate closing costs. Number 18, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a certificate of consideration and accept a deed, conveying permanent sanitary sewer and temporary construction easements from Sheldon T. and Janadel Reynolds for the property located at 683 Woodward Lane for the Wilderness Road Woodward Lane Sanitary Sewer Project and authorizing payment in the amount of $849.90 plus usual and appropriate closing costs. Number 19, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a certificate of consideration and accept the conveying permanent sanitary sewer and temporary construction easements from Ronald and Rose Crim for the property located at 679 Woodward Lane for the Wilderness Road-Woodward Lane Sanitary Sewer Project, an authorizing payment in the amount of $261.90 plus usual and appropriate closing costs. Twenty. A resolution change in the street names and property address numbers of 1400 Corona Drive, 24513 Clubhouse Drive, 2980 Mahalud Lane, 23048 Drexel Pass, 772 A. 1⁄2 Shelby Avenue to 913 Highland Drive, 454 East Maxwell Street to 304 Transylvania Park, 101076 Wyndham Hills Drive to 3964 Wyndham Ridge. Changing the property address numbers of 1360, 1403, 1404, 1405, 1406, 1407, 1408, 1409, 1410, 1411, 1414, 1413, 1416, 1415, 1416.5, 1417, 1418, 1420, 1426, 1428, 1430, 1432, 1434, 1436, 1437, 1438, 1438, 1438, 1438, 1438, 1438, 1438, 1438, 1438, 1438, 1438, 1438, 1438, 1438, 1438, 1438, 1438, 1438, 1438, 1438, 1438, 1438, 1438, 1438, 1438, 1438, 1438, 1438, 1438, 1438, 1438, 1438, 1438, 1438, 1438, 1438, 1438, 1438, 1438, 1438, 1438, 1438, 1438, 1438, 1438, 1438, 1438 1441 through 1443, 1440, 1442, 1447 through 1449, 1450, 1453, and 1457 through 1459. Elizabeth Street 2. 1351, 1484, 1485, 1488, 1489, 1492, 1493, 1496, 1497, 1500, 1505, 1506, 1509, 1512, 1513, 1516, 1516. 17, 1521, 1525, 1529, 1533, 1537, 1541, 1545, 1546, 1549, 1550, 1557, 1561, 1562, 1565, 1570, and 1574 Elizabeth Street. 4986 Newtown Pike to 4980 Newtown Pike. 3200 Nicholsville Road to 3220 Nicholsville Road. 570 through 576 Quinn Shearer Court to 576 Quinn Shearer Court and 2051 Richmond Road to 2041 Richmond Road. And changing the street names of 336, 338, 340, 342, 344, 346, and 348 Campsie Place to 336, 338, 340, 342, 344, 346, and 348 Campsie Court. All effective 30 days from passage. Take a deep breath. Good job, Susan. Take a breath so that Council Member Lawless has something to say. Council Member Lawless. Could you read that again? Is Mr. Lucas or Mr. Hockensmith here? Mr. Lucas, could you come up to the podium, please, sir? Thank you. Yes, ma'am. I'm just curious about this whole process because in the third district right now, there were two plats. One had an address of Ashland Terrace, and the other one had an address of 425 Maxwell. and they've gotten a building permit to it had previously been used as one lot, but it is two lots. And they went to the post office and requested that the Ashland Terrace address be changed to 421 Hollywood, which skips a number between 425. So can people just go to the post office and ask for their address to be changed? When they go to the post office for one of those requests, it actually goes back to the addressing committee. Actually, the post office representative on the committee would bring that to the committee for review. So you all reviewed that? Yes, we do. Okay. And so why is there a skip in the number? Because that's one of your rules. At that area, it sounds like it went from 421 to 425. Is that correct? We tried to put spacing in case of future growth in the area. In the older neighborhoods, most of them go by twos, but when we can, we try to put another spacing in there in case someone condos it or puts a carriage house in the back. So if we can, we put in more spaces for numbers. Okay, I was just curious about the process because it seems not always followed the same. It might not all get to the committee in the same way, but once it does, it follows the same path. And the numbering and all that seems... Well, thank you so much. Okay. Continue on. Thank you. Madam Clerk, please continue. Thank you. Resolution number 21, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute and submit a grant application to the U.S. Department of Justice and to provide any additional information requested in connection with this grant application, which grant funds are in the amount of $129,533 federal funds dollars under the state criminal alien assistance program and are for reimbursement of costs related to the incarceration of undocumented criminal aliens. 22. A resolution authorizing Dean Dorton, Alan Ford, PLLC, to conduct a financial audit of all Lexington-Faylor County government funds for fiscal year 2012 for an amount not to exceed $124,000, and authorizing the mayor on behalf of the Urban County Government to execute any necessary agreement or documents with the Norton Allen Ford PLLC related to the Audit 23, a resolution authorizing the mayor on behalf of the Urban County Government to execute the AFY 2013 purchase of service for remote Lexington Children's Museum, Incorporated, doing business as Explorium of Lexington to provide education and cultural experience for children and their caregivers. and a cost not to exceed $169,000 subject to sufficient funds being appropriated. Number 24, a resolution authorizing the mayor on behalf of the urban county government to execute a release of easement releasing a portion of a sanitary sewer easement on property located at 4101 Tates Creek Road. Number 25, a resolution authorizing and directing the mayor on behalf of the urban county government to execute and submit a grant application to the Bluegrass Workforce Investment Board to provide any additional information requested in connection with this grant application and to accept this grant if the application is approved, which grant funds are in the amount of $115,000 federal funds, and are for a Workforce Investment Act project for the Division of Youth Services, the acceptance of which obligates the urban county government for the expenditure of $33,940 as a local match and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 26, 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 $2,721,700 federal funds are for the Legacy Trail Phase 3, the acceptance of which obligates the urban county government for the expenditure of $680,425 as a local match and authorizing the mayor to transfer unencumbered funds within the grant budget. 27, a resolution authorizing the mayor on behalf of the urban county government to execute an agreement with RCC Consultants, Incorporated, a sole source provider for technical systems reviews, services at a cost not to exceed $35,820. 28, a resolution authorizing the mayor on behalf of the urban county government to execute an engineering services agreement with CDP Engineers Incorporated for the Loudoun Avenue Sidewell Project for the Division of Engineering at a cost not to exceed $44,652. 29, a resolution authorizing and directing the mayor on behalf of the urban county government to execute an agreement with the Kentucky Department of Military Affairs, Division of Emergency Management, for extension of the Comprehensive Hazard Mitigation Plan Update Project through June 30, 2014 at no cost to the urban county government. Number 30, a resolution authorizing and directing the mayor on behalf of the urban county government to execute modification number three to the Neighborhood Stabilization Program Funding Agreement with the Kentucky Department for Local Government for $27,072 in additional federal funds for unanticipated program costs. 31, a resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute an amendment to agreement with the University of Louisville Research Foundation for extension of the agreement for hazard mitigation planning services through June 30, 2013. Number 32, a resolution authorizing the Division of Emergency Management 911 on behalf of the Irvin County Government to purchase Zumro non-ambulatory roller systems on carts with accessories under the Metropolitan Medical Response System Project and the Chemical Stockpile Emergency Preparedness Program from Advanced Ecosystems, Incorporated, a sole source provider, at a cost not to exceed $48,000. Number 33, a resolution authorizing the mayor on behalf of the Urban County Government to execute change order number 5 to the contract with the Woodall Construction Company, Incorporated for the Construction of Clay's Mill Road Improvement Project, increasing the contract price by the sum of $76,318.31 from $3,674,372.29 to $3,750,690.60. 34. A resolution authorizing the mayor on behalf of the urban county government to execute an engineering services agreement with M2D design group for the Gaines Way Trail Project for the Division of Engineering at a cost not to exceed $43,825. Number 35, a resolution authorizing and directing the mayor on behalf of the urban county government to accept a grant from the Kentucky Division of Forestry, which grant funds are in the amount of $10,000 federal funds, are for the treatment of ash trees on publicly managed lands, the acceptance of 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. Number 36, a resolution authorizing the mayor on behalf of the urban county government to execute a new case document amendment to plan management agreement and amendment to group stop loss policy extension with Humana Insurance Company for the administration of health care claims for the period of January 1, 2012 through December 31, 2012. and number 37, a resolution approving the communication of the Chief Administrative Officer relating to the petition for recognition of the American Federation of State, County, and Municipal Employees, Council 62, for the purpose of meeting and conferring. Thank you. Thank you. Thank you, Madam Clerk. Council Member Martin. Thank you, Mayor. I have to recuse on item 23, which is the Lexington Children's Museum contract, as my wife is currently the director. Thank you, Mayor. Thank you, sir. Is there a motion to approve the second reading? Second. Motion by Council Member Ellinger, second by Council Member Myers. Is there any discussion on the motion? Oh, yes. The Vice Mayor reminded me that Richard Walker is here, and Richard's here if there are any questions regarding item number 37. All right. Thank you. Thanks, Vice Mayor. Is there any discussion? All right, then. We can take a vote by roll call. Madam Clerk, please call the roll. Mr. Kay? Yes. Mr. Lane? Yes. Ms. Lawless? Yes. Mr. Martin? Yes. Recusing on 23. Yes, sir. Mr. McCord? Yes. Mr. Myers? Yes. Mr. Stenet? Yes, ma'am. Mr. Beard? Aye. Mr. Blues? Yes. Mr. Ellinger? Yes. Mr. Farmer? Aye. Mr. Ford? Yes. Ms. Gorton? Aye. And Ms. Henson? Yes. Thank you. Thank you, Madam Clerk. The vote reflects passage of the motion. Next on our agenda is the first reading of resolutions whenever you are ready. Resolution number 38, a resolution authorizing the mayor on behalf of the Irvin County Government to execute purchase of service agreements for FY 2013 with Commerce Lexington, $457,000. Downtown Lexington Corporation, $42,710. Kentucky World Trade Center, $110,000. Lexington Chapter of Score, $5,540. Lyric Theater and Cultural Arts Center Incorporated, $150,000. Bluegrass Area Development District, $75,110. And Lexington Downtown Development Authority Incorporated, $211,230, at a cost not to exceed $1,051,590. Number 39, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a grant agreement with the University of Kentucky Research Foundation for acceptance of $10,000 for implementation of a collision reporting quality control project. Number 40, a resolution authorizing the mayor on behalf of the Urban County Government to execute a facility encroachment agreement with CSX Transportation Incorporated for the Wolf Run Pump Station Expansion and Relocation Project for the Division of Water Quality at a cost not to exceed $4,250. Number 41, a resolution authorizing and directing the mayor on behalf of the Irvin County Government to execute certificates of consideration and other necessary documents and to accept deeds for property interest needed for the Shadeland East-Ecton Park Sanitary Sewer Improvements Project at a cost not to exceed $73,267.50. Number 42, a resolution authorizing and directing the mayor on behalf of the urban county government to execute a concession donation agreement with Fayette County Cooperative Extension District Board for the Fayette County Cooperative Extension District Board's donation and use of a livestock barn at Masterson Station Park Fairgrounds. Number 43, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a statement of work and master services agreement with Protivita Incorporated for a comprehensive audit of the PeopleSoft system at a cost not to exceed $110,766. Number 44. Center, $21,000. Center for Women, Children, and Families, $80,000. Chrysalis House, $103,700. Community Action Council, $147,975. Hope Center, $666,000. Kentucky Pink Connection, $24,375. Kentucky Refugee Ministries, $31,519. MASH Services of the Bluegrass, $120,870. Mission Lexington Incorporated $24,961. Movable Feast Lexington $24,700. Nursing Home Ombudsman Program $33,750. Prevent Child Abuse Kentucky $10,756. Salvation Army $224,400. Sunflower Kids $14,157. Urban League of Lexington County $63,375. and YMCA of Central Kentucky $15,000 to provide services to the public at a cost not to exceed $1,758,378. Number 45. A resolution authorizing the mayor on behalf of the Irvin County Government to execute an education and outreach contract with Bluegrass Pride for recycling, waste management, energy efficiency, and water public education programs for the Division of Environmental Policy at a cost not to exceed $599,980. 46, a resolution authorizing and directing the mayor on behalf of the urban county government to execute and submit a grant application to the Kentucky Clean Fuels Coalition and to provide any additional information requested in connection with this grant application, which grant funds are on the amount of $22,517 from Kentucky Utilities. and are for the purchase of an electricity-powered vehicle. Number 47, a resolution approving the renewal of the Engineering Services Agreement with Tetra Tech, Incorporated to provide annual program management services for consent decree implementation and MS4 permit compliance at a cost not to exceed $816,000. Number 48, a resolution approving the selection of AU Associates as the developer for the South End Park Village Housing Development as part of the Newtown Pike Extension Project. Number 49, a resolution authorizing the Division of Emergency Management 911 to obtain support services for its emergency notification system for Dialogic Communications Association Corporation, dealing business as Kassidian Communications, a sole source provider at a cost not to exceed $36,551.20 and authorizing the mayor to execute any necessary documents. Number 50, a resolution authorizing the mayor or his designee on behalf of the urban county government and in order to expedite the initial completion of the public safety radio system to execute any necessary documents with the Federal Communications Commission. Number 51, a resolution authorizing the mayor on behalf of the urban county government and in order to expedite the initial completion of the public safety radio system to execute up to six agreements and or leases and any other necessary related documents for use of radio tower sites for the system contingent upon agreements or leases containing appropriate provisions as determined by the Departments of Public Safety and Law and not exceeding a cumulative annual amount of $60,000. Number 52, a resolution authorizing and directing the Mayor on behalf of the Irvin County Government to execute and submit a grant application to the U.S. Department of Justice and to provide any additional information requested in connection with this grant application, which grant funds are in the amount of $248,624 federal funds and are for the Violent Gang and Gun Crime Reduction Project Safe Neighborhoods Program. Number 53, a resolution approving and authorizing an assistance agreement between the Lexington Fayette-Urban County Government and the Kentucky Infrastructure Authority to provide $10,500,000 of loan funds for wastewater system improvements. 54. A resolution authorizing and directing the mayor on behalf of the urban county government to execute and submit seven grant applications to the Kentucky Office of Homeland Security and to provide any additional information requested in connection with these grant applications, which grant funds are in the amount of $1,923,968 federal funds under the 2012 State Homeland Security Grant Program for the purchase of search and rescue equipment for the Division of Fire and Emergency Services, $94,920. Structural collapse technician certification training, $53,788. A mobile data computer project for the Division of Police, $709,660. The purchase of narrowband capable mobile radio units, $900,000. An emergency response unit equipment project, $23,000. hazardous devices unit training $55,000 and a hazardous devices unit equipment project $87,600. Number 55, a resolution initiating various zoning ordinance text amendments to authorize moving enforcement of Article 17 that sign ordinance from the Division of Building Inspection to the Division of Planning. Number 56, a resolution authorizing and directing the Department of Law to institute condemnation proceedings in Fayette Circuit Court to obtain permanent sanitary sewer and temporary construction easements at 2280 Hume Road for the expansion area 2A pump station and force main project. 57. A resolution authorizing the mayor on behalf of the Irvin County Government to execute an agreement with Winburn Neighborhood Association Incorporated $500 for the office of the Irvin County Council at a cost not to exceed the sums stated. Number 58. A resolution authorizing the mayor on behalf of the Irvin County Government to execute agreements with YMCA of Central Kentucky $250, Smithtown Community Neighborhood Association $500, Dunbar Advisory Council $800, and Common Goods $750 for the Office of the Urban County Council at a cost not to exceed the sums stated. Thank you. Thank you, Madam Clerk. Are there any motions? I'll call for motions for walk-ons. Council Member Kaye. Thank you, Mayor. I have two. The first, I move to place on the docket under first reading resolutions a resolution authorizing the Division of Human Resources to make conditional offers. So move. Motion by Council Member Kaye, second by Council Member Farmer. Is there any discussion on the motion? Could you explain that? Council members should have received that in your mail. This is conditional offers to two different personnel. Okay. Mayor? Yeah, I'm sorry. Yes, ma'am. It's the standard conditional offer personnel resolution that we put on for employees after the council authorizes human resources to make the conditional offer. Then we can send the employees to have their physicals done. So it's the routine resolution that we do every meeting. But this meeting we're walking it on. That's fine. I just wondered if it had anything to do with the recruit class for the police training, but two didn't seem like enough. So thank you. Thank you. So is there any other discussion on the motion? All right. Then we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. And the second motion, I move to place on the docket under first reading resolutions a personnel resolution ratifying probationary civil service appointments, unclassified civil service appointment, probationary sworn appointments, Council leave and the unclassified civil service pay increases in the office of the Urban County Council. So moved. Motion by Council Member Kay, seconded by Council Member Blues. Is there any discussion on the motion? Hearing none, we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Madam Clerk, you want to give a first read? Thanks. Number 59. Number 59, a resolution authorizing the Division of Human Resources to make a conditional offer to the following probationary civil service appointment. Drew Hale, Financial Coordinator, Grade 112N, 16.023 hourly in the Division of Grants and Special Programs, effective upon passage of counsel, authorizing the Division of Human Resources to make a conditional offer to the following unclassified civil service appointment of Carrie Allen, Staff Assistant Senior, Grade 108N, 11.655 hourly in the Department of Social Services, effective upon passage of counsel. And number 60, a resolution ratifying the probationary civil service appointments of Tim Jackson, public service worker, grade 106N, 11.676, hourly in the Division of Parks and Recreation, effective June 25, 2012. 2012. Guy Stone, Public Service Supervisor, Grade 111N, 19.942 hourly in the Division of Parks and Recreation, effective July 16, 2012. Ashley Kaye, Seaman Resources Manager, Grade 119E, 2142-96 biweekly in the Division of Human Resources, effective July 2, 2012. Sheila Lewis Collins, Engineering Technician Senior, Grade 113E, 1046.88, biweekly, in the Division of Water Quality, effective July 9, 2012, and Tanya Walters, Administrative Specialist, Grade 110N, 14.443, hourly in the Division of Revenue, effective July 9, 2012, ratifying the unclassified civil service appointment of Gerald Florence, Microcomputer Specialist Senior, Grade 113N, 20.990 Hourly in the Division of Police, effective July 2, 2012. Ratifying the probationary sworn appointments of John Walters, Fire Captain, Grade 316N, 23.039 Hourly in the Division of Fire and Emergency Services, effective June 1, 2012. And Gregory Beck, Fire Captain, Grade 316N, 23.039 Hourly in the Division of Fire and Emergency Services, effective June 1, 2012. ratifying the approved Council Lee for Delroy Bryant Administrative Specialist Senior Grade 112N in the Division of Building Inspection beginning June 17, 2012 through July 17, 2012, and unclassified civil service pay increases for in the Office of the Urban County Council, Dean of Melvin, admit aid to Council Grade 000E, increased from 1,986-96 biweekly to 2,115-38 biweekly, effective July 2, 2012. Thank you, Madam Clerk. Thank you. Are there any suspensions? Is that next? Yeah. No suspensions? No takers? Okay. All right. Then we're done. Does the administration have any? No, the administration doesn't have any. Right? None. None. None. Is there a motion? Yep. Okay. We can move on then. Communications. Is there approval? Is there a motion? There is a motion. Council Member Ellinger, thank you for the motion. Is there a second? Is there a second? Thank you, Council Member Henson. There is a second. Is there any discussion on the motion? All right. Then we can take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. The next issue is FYI. Are there any announcements? The floor is open to Council for announcements. Council Member Blues. Thank you, Mayor. It's not news that the fireworks issue has once again emerged, And I think almost all citizens are very pleased with the very sensible and prudent ban on consumer fireworks and common fireworks, which is still in effect. However, we also know, just by keeping our ears open and by reading our e-mails, that we've had too numerous to count citizen complaints about the noise, the hazards of the exploding of fireworks, especially the truly dangerous loud fireworks that were permitted by the legislature a year ago and which caused the strengthening of our own fireworks ordinance, limiting the times and the place and the very persons who could ignite fireworks. There's a question, however, as to whether that's sufficient, I think. And so I would like to make a motion here to refer the question of fireworks to the Public Safety Committee. And I would specifically ask that the Public Safety Committee consider the banning of the sale and the igniting of consumer fireworks and to take up also the question of enforcement of the prohibition if that were to be a recommendation from the Public Safety Committee. So moved. A motion and there's a Covey of seconds. A motion by Council Member Blues, second by Council Member Martin. Is there any discussion on the motion? Discussion on the motion? No discussion on the motion. All right. All in favor of the motion, please indicate by saying aye. Aye. Opposed, no. Motion carries. Councilor Lawless. First of all, I'd like to thank all the... Thank you, Mr. President. very hot days. So thank you very much to everybody for keeping people safe and sticking it out through all that. The other thing is I have a question. There's supposed to be a new police class starting in mid-August before we get back. And we haven't seen a list of, so I want to know, is that class going to go forward and where will we have the names of the recruits that are going to be in the class for the last meeting before council break? Thank you. Commissioner Mason? Yes, ma'am. We are working on getting that list to you for next week. Okay. So we should have it next week so we can vote on it so the class can go on and start. Okay, great. That's just wonderful. Thank you. All right. Thank you, Council Member Lawless. Council Member Ford. Thank you, Mayor and members of Council. I wanted to just offer congratulations to our new Fire Chief, Keith Jackson, for his appointment. And, Mayor, I want to applaud your administration for working with Chief Jackson and the men and women in our Division of Fire and Emergency Services. I attended the ceremony last week as is Council Member Henson. Very touching and very appropriate ceremony. I think that Chief Jackson's appointment definitely is historic, as he serves now as our first African-American chief of fire. But it's definitely a win for all of Fayette County. Chief Jackson's leadership over the last, what, 18, 16 months or so definitely demonstrates that he's the right man for the job. And so as a son of the community, his family ties very strong here. I'm just excited. And, Mayor, I know your administration and the council looks forward to supporting Chief and the folks over at the fire department. So congrats to all. Thanks, Mayor. Thank you, Council Member Ford. I know Chief Jackson appreciates it, what you just had to say, and he certainly is demonstrating leadership in every dimension. Thank you. Council Member Martin, are you signed up? Is that from the past, or is that? It just seems to be floating out there, Mayor. I'm just trying to ignore it. Okay. Thank you, sir. All right. All right. No one else signed on, then? Okay. Then we can move on. Thank you all. The floor is available for public comments. We did have someone who had signed. Mr. Capillo? Greg? Yep. And I believe Russell Edwards. Is Mr. Edwards still here? Okay. All right. All right. Mr. Capillo. Good evening, Council. My name is Greg Capillo. I'm from 144 North Hanover, and I wanted to speak about the issue with the copay in the prisons, if I may. Not to keep you all here too much longer, but I want to thank the folks that voted against it. And I want to say that I'm concerned by how the vote went, because to me it's not a question of necessarily the specifics of the bill as much as it is a general value question and who we are as a city and how we do business and how we conduct ourselves as a city. You know, y'all are in a spot where, you know better than I, where the city is going to be changing really drastically in the next several years. We're being asked to participate in a really large vision of either specifically downtown, but of the city as a whole. And there are certain values that we as a constituency hold that you all know about. As Lexingtonians, I think we value justice, and we value integrity, and we value creativity and vision. And I don't see a lot of that in this bill, to be honest. In fact, I see the opposite of several of those. And so when we're being asked about spending millions of dollars to, quote-unquote, renovate neighborhoods and shift population around in really large, meaningful ways, we're going to be paying attention to where those values take place in those decisions. And so, obviously, we'll just be a larger part of the conversation in the future in order to make sure that we as citizens see these values carried out in the administration of the city. Thank you all for voting against it, and I look forward to communicating more with all of you about these things in the future. Thank you, Mr. Cabello. Is there a motion? Is there any further business to come before the council? All right, hearing none. Motion to adjourn by Council Member Stennett, second by Vice Mayor Gordon. Is there any discussion? All in favor, please say aye. Opposed, no. Motion carries. We are adjourned.