# Urban County Council - August 30, 2016 > Auto-transcribed civic record · August 30, 2016 - **Permalink**: https://meetings.lexingtonky.news/meeting/4050 - **Source video**: https://lfucg.granicus.com/player/clip/4050?view_id=14&redirect=true - **Date**: 2016-08-30 - **Last revised**: August 30, 2016 - **Length**: 11,951 words > ⚠️ **Auto-generated content.** Audio from the official Granicus video was auto-transcribed with OpenAI's open-source Whisper large-v3-turbo model, run locally by The Lexington Times. Structured facts were extracted with GPT-4o; the narrative summary was written by Anthropic Claude. Verbatim wording may contain errors. See [methodology](https://meetings.lexingtonky.news/about/methodology) or [report a correction](mailto:editor@lexingtonky.news). --- ## Meeting Overview The Urban County Council convened on August 30, 2016, at 5:02 PM in the Council Chambers in Lexington, Kentucky, with Mayor Gray presiding over the session. The meeting focused on second readings of legislative items, with the council addressing two main agenda items: ordinances and resolutions, both of which were approved. During the course of the meeting, the council conducted four votes on various matters before them. One member of the public provided comments during the designated public comment period. The meeting successfully concluded with the approval of both agenda items that were brought forward for second reading consideration. ## Attendance The following members were present at the August 30, 2016 meeting: **Present:** • Evans • Farmer • Gibbs • Hensley • Henson • Kay • Lamb • Moloney • Mossotti • Scutchfield • Stinnett • Bledsoe • F. Brown • J. Brown **Absent:** • Akers **Late:** • None A total of 14 members were present and 1 member was absent. No members arrived late to the meeting. ## Votes and Decisions The council voted on four tax levy ordinances during the meeting, with all items passing by roll call vote. **Ordinance 0952-16** [timestamp: 05:09] - An Ordinance levying ad valorem taxes for municipal purposes for the fiscal year July 1, 2016 through June 30, 2017 was motioned by Henson and seconded by Kay. The ordinance passed unanimously with 14 ayes and 0 nays. All council members voted in favor: Evans, Farmer, Gibbs, Hensley, Henson, Kay, Lamb, Moloney, Mossotti, Scutchfield, Stinnett, Bledsoe, F. Brown, and J. Brown. **Ordinance 0953-16** [timestamp: 05:10] - An Ordinance levying ad valorem taxes for purposes of support of the Agricultural Extension Office for the fiscal year July 1, 2016 through June 30, 2017 was motioned by Henson and seconded by Kay. This ordinance also passed unanimously with 14 ayes and 0 nays, with the same council members voting in favor. **Ordinance 0954-16** [timestamp: 05:12] - An Ordinance adopting the request of the Lexington Fayette County Health Dept. under KRS 212.755 and levying a special ad valorem public health tax for the fiscal year July 1, 2016 through June 30, 2017 was motioned by Henson and seconded by Kay. The ordinance passed unanimously with 14 ayes and 0 nays, with all council members voting in favor. **Ordinance 0955-16** [timestamp: 05:13] - An Ordinance levying ad valorem taxes for purposes of support of the Soil and Water Conservation District for the Fiscal Year July 1, 2016 through June 30, 2017 was motioned by Henson and seconded by Kay. This ordinance passed with 11 ayes and 3 nays. Voting in favor were Evans, Farmer, Gibbs, Hensley, Henson, Kay, Lamb, Moloney, Mossotti, Stinnett, and J. Brown. Voting against were Scutchfield, Bledsoe, and F. Brown. ## Budget and Financial Actions The meeting addressed several contract approvals totaling $89,317.18 across multiple municipal projects and services. The largest expenditure was Resolution 0873-16, authorizing a $37,621 contract with T.E.M. Group, Inc. for emergency generator electrical connections. This represents the most significant single financial commitment discussed during the session. Resolution 0877-16 approved a $24,536.18 contract with Johnstone Supply, Inc. for natural gas boiler and cast iron radiators, specifically covering parts only for this heating system project. Two additional contracts focused on professional services and facility improvements. Resolution 0868-16 authorized $16,810 for architectural and engineering services for Bell House, to be provided by Fitzsimmons Office of Architecture, Inc. Resolution 0869-16 approved $10,350 for the Kenwick Community Center Window Replacement Project, with services provided by W.R. Cole and Associates, Inc. These four resolutions collectively demonstrate the municipality's investment in infrastructure maintenance, emergency preparedness, and facility improvements. The contracts span essential services including emergency power systems, heating infrastructure, architectural planning, and building renovations across multiple municipal properties. ## Public Comment During the public comment period, one speaker addressed the council. Jason Rotherman, President of the local Fraternal Order of Police, spoke about police disciplinary procedures and investigations [timestamp: 10:00]. Rotherman expressed gratitude for the strong relationships that exist between Lexington-Fayette Urban County Government leaders and the Division of Police. His comments focused on the current state of police disciplinary procedures within the department. No other members of the public provided comments during this portion of the meeting. ## Appointments The meeting included several appointments and reappointments to various city boards and commissions. **New Appointments:** • Demario Anderson was appointed to Bluegrass Crime Stoppers • Sherelle Pierre was appointed to the Board of Health • Stephanie Theakston was appointed to the Community Action Council • Jordan Parker was appointed to the Courthouse Area Design Review Board • James Gitzinger was appointed to the Senior Services Commission **Reappointments:** • Neena Khanna was reappointed to the Senior Services Commission These appointments fill positions across multiple municipal boards and commissions that serve various functions in city governance, from public health oversight to community development and senior citizen services. ## Contested Items The meeting featured one contested item that resulted in a split vote among council members. **Ad Valorem Tax for Soil and Water Conservation District** The council considered an ordinance to levy ad valorem taxes for the Soil and Water Conservation District, which generated significant disagreement among members. The proposal faced opposition from three council members who voted against the measure. Despite the opposition, the ordinance ultimately passed, indicating that a majority of council members supported implementing the tax levy for the Soil and Water Conservation District. The split vote demonstrates the divisive nature of this taxation issue, with council members holding differing views on the necessity and appropriateness of levying additional taxes for soil and water conservation purposes. The specific reasons for the opposition and the arguments made by both sides of the debate are not detailed in the available information, but the split vote clearly indicates this was a contentious issue that did not have unanimous support from the governing body. *Note: Specific transcript timestamps are not available for this contested item.* ## Ordinances – Second Reading [timestamp: 05:09] The council conducted second readings for several municipal ordinances during this agenda item. Mayor Gray, Henson, and Kay participated in the proceedings for these ordinances, which covered various municipal tax and administrative matters. The ordinances presented for second reading included: • An ordinance establishing ad valorem taxes for municipal purposes • An ordinance related to the Agricultural Extension Office • An ordinance concerning the Public Health Tax • An ordinance regarding the Soil and Water Conservation District These ordinances represent routine municipal tax levies and administrative measures necessary for ongoing city operations and services. The ad valorem tax ordinance establishes property tax rates for general municipal purposes, while the other ordinances address specific departmental and district funding requirements. The Agricultural Extension Office ordinance relates to the city's support for agricultural education and outreach services. The Public Health Tax ordinance establishes funding mechanisms for public health services and programs. The Soil and Water Conservation District ordinance addresses the city's participation in environmental conservation efforts and related funding obligations. All ordinances presented for second reading were approved by the council. Second reading represents the final step in the ordinance adoption process, following the initial first reading and any required public notice periods. The approval of these ordinances ensures continued funding and operation of essential municipal services and the city's participation in regional programs for agricultural extension, public health, and environmental conservation. ## Resolutions – Second Reading [timestamp: 11:00] The council conducted second readings of multiple resolutions during this portion of the meeting. The resolutions covered various municipal contracts and services requiring formal approval. Key speakers during this agenda item included Farmer and Kay, who presented the resolutions for consideration. The resolutions addressed several operational needs for the municipality: • **Emergency Generator Electrical Connections** - A resolution authorizing a contract for electrical work related to emergency generator systems • **Natural Gas Boiler Parts** - A resolution approving the procurement of replacement parts for natural gas boiler equipment • **Architectural Services** - A resolution authorizing a contract for professional architectural services The second reading process allows council members to review the resolutions after their initial presentation and ask any final questions before voting. This procedural step ensures proper deliberation on municipal contracts and expenditures. All resolutions presented during the second reading were **approved** by the council. The specific vote counts and any discussion details were not provided in the available materials, but the resolutions successfully passed this stage of the approval process. These resolutions represent routine municipal business involving infrastructure maintenance, equipment procurement, and professional services necessary for ongoing city operations. The approval of these items allows the municipality to proceed with the contracted work and services outlined in each resolution. --- ## Decisions - **Ordinance 0952-16** — passed (14-0): An Ordinance levying ad valorem taxes for municipal purposes for the fiscal year July 1, 2016 through June 30, 2017 - **Ordinance 0953-16** — passed (14-0): An Ordinance levying ad valorem taxes for purposes of support of the Agricultural Extension Office for the fiscal year July 1, 2016 through June 30, 2017 - **Ordinance 0954-16** — passed (14-0): An Ordinance adopting the request of the Lexington Fayette County Health Dept. under KRS 212.755 and levying a special ad valorem public health tax for the fiscal year July 1, 2016 through June 30, 2017 - **Ordinance 0955-16** — passed (11-3): An Ordinance levying ad valorem taxes for purposes of support of the Soil and Water Conservation District for the Fiscal Year July 1, 2016 through June 30, 2017 --- ## Full transcript Thank you. Thank you. The End Thank you. Thank you. Thank you. Thank you. Thank you. I'm out. Thank you. Thank you. The End Oh, my God. Thank you. Thank you. All right. Good evening, everybody. Welcome to the meeting of the Council. And tonight we'll begin with the roll call, as usual. Madam Clerk, will you please call the roll? Ms. Evans? Here. Mr. Farmer? Yes, ma'am. Mr. Gibbs? Here. Mr. Hensley? Here. Ms. Henson? Here. Mr. Kay? Here. Ms. Lamb? Here. Mr. Maloney? Yes, ma'am. Ms. Masati? Here. Ms. Gutchfield? Here. Mr. Stinnett? Yes, ma'am. Ms. Akers? Ms. Bledsoe? Yes. Mr. Fred Brown? Here. And Mr. James Brown. Here. Thank you. Thank you, Madam Clerk. All right, this evening, Council Member Fred Brown will deliver our invocation. Our Heavenly Father, we thank you for this day, and we thank you for the privilege to come out and do the work of the city. We pray especially for our nation, our state, and our community. We thank you for the blessings that you've given us and these governmental agencies. Lord, we just pray that we can make decisions that will be fitting for this community, would be in best interest. We pray especially, Lord, for our public safety officers throughout this community. We want to recognize them and that they may stay safe. and we just pray that you'll continue to watch over them and watch over this city as we make these decisions and do the things that will be pleasing to you. For these things we ask in Jesus' name. Amen. Amen. All right. Thank you, Council Member Brown. There are no minutes of previous meetings tonight, no presentations tonight, which allows us to move straight into ordinances for a second reading. Madam Clerk, if you'll please conduct the second reading of ordinances, and we'll pause for public hearings regarding the ad valorem taxes. Yes, sir. Ordinance number one, an ordinance adding a neighborhood design character overlay, ND1 zone, for 23.33 net, 29.81 gross acres to preserve existing neighborhood character for properties located at 201 through 540 Clinton Road, Irving County Planning Commission, Council District 5. Number two, an ordinance changing the zone from a single-family residential R1C zone to a neighborhood business B1 zone for 0.34 net, 0.40 gross acres, including a dimensional variance for property located at 151 Pasadena Drive, Dennis R. Anderson, Council District 10. Number three, an ordinance amending certain of the budgets of the Lexington Fair Durbin County Government to reflect current requirements for funds in the amount of $20,000 in the Division of Facilities and Fleet Management from the Council Projects Funds for fabrication, installation of a new street sign at the LFUCG Versailles Road Campus and appropriating and reappropriating funds. Schedule number four. Number four. An ordinance amending certain of the budgets of the Lexington-Fayette-Urbing County Government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds. Schedule number five. Number five. An ordinance amending certain of the budgets of the Lexington-Fayette-Urbing County Government to reflect current requirements in the Division of Parks and Recreation for funds the amount of $250 from Neighborhood Development Funds for Jacobson Park Tree Planting and Appropriating and Reappropriating Funds. Schedule number eight. Number six. An ordinance closing a portion of Wilson Street, determining that the property owners abutting the portion of the street to be closed have been identified, provided with written notice of the proposed closing, and consented thereto in writing and authorizing the mayor on behalf of the Irving County Government to execute a quitclaim deed and any other documents necessary to transfer the former right of way to the abutting owners subject to reservation of easements. Number seven, an ordinance amending the authorized strength by abolishing one classified civil service position of equipment operator senior, grade 512N, and creating one classified civil service position of administrative specialist principal, grade 518N, in the Division of Streets and Roads, effective upon passative counsel. Number eight, An ordinance amending the authorized strength by abolishing one classified civil service position of technical specialist, grade 515N, and creating one classified civil service position of digital content administrator, grade 520E, in the Division of Fire and Emergency Services, effective upon passage of counsel, number 9. And ordinance amending the classified civil service authorized strength by abolishing one position of administrative specialist, grade 513N, and one position of social worker senior, grade 516E, and creating one position of administrative specialist senior, grade 516N, and one position of case management coordinator, grade 520E, reclassifying the incumbents in the division of adult and tenant services effective upon passage of counsel, number 10. An ordinance amending the classified civil service authorized strength by abolishing one position of municipal engineer senior grade 525E and creating one position of plant engineering manager grade 531E, reclassifying the incumbent in the division of water quality effective upon pass of counsel. Number 11. An ordinance of the Lexington Fayette-Irban County Government authorizing the issuance of its various purpose general obligation bonds, Series 2016-C, in one or more sub-series in an aggregate principal amount of $40,085,000, which amount may be increased or decreased by an amount of up to 10%, approving a form of Series 2016-C bonds, authorizing designated officers to execute and deliver the Series 2016-C bonds, authorizing and directing the filing of notice with the state local debt officer, providing for the payment and security of the Series 2016-C bonds, 2016C bonds, creating a sinking fund, creating a bond payment fund for the Series 2016C bonds, authorizing acceptance of the bids of the bond purchaser of the Series 2016C bonds, and repealing inconsistent ordinances. Number 12. An ordinance of the Lexington Fayette-Irving County Government authorizing the issuance of Lexington Fayette-Irving County Government Various Purpose General Obligation Refunding Bonds Series 2016D in one or more subseries in an aggregate principal amount of $30,265,000, which amount may be increased or decreased by an amount of up to 10% for the purpose of refunding all of the outstanding principal amount of Lexington Fayette Urban County Government General Obligation Bonds Public Projects Refunding Bonds Series 2006-D, approving a form of bond authorizing designated officers to execute and deliver the bonds, providing for the payment and security of the bonds, creating a bond payment fund and escrow funds, maintaining the heretofore established sinking fund, authorizing a certificate of award for the acceptance of the bid of the bond purchaser for the purchase of the Series 2016-D bonds authorizing an escrow trust agreement and repealing inconsistent ordinances. And number 13, an ordinance of the Lexington-Fayette-Irving County Government directing the Lexington-Fayette-Irving County Government Public Facilities Corporation to take certain formal actions as the agency and instrumentality and as the constituted authority of the Lexington-Fayette-Irving County Government specifically directing the issuance of authorizing and approving the corporation's mortgage revenue refunding bonds. Court Facilities Project, Series 2016. Thank you, Madam Clerk. We have now the ad valorem issues. House Bill 44 of the 1979 Special Legislative Session requires the urban county government to provide an opportunity for citizens to make comments about the ad valorem tax rates for the upcoming fiscal year if the proposed rates exceed the compensating rates. The compensating rate is a rate that produces approximately the same amount of revenue as that produced in the preceding year, excluding new property and personal property. A summary of last year's rates, the compensating rates, and the proposed rates for fiscal 2017 were published in the Lexington Herald-Leader on August 19 and August 22, 2016. Copies of the summary are on the table at the back of this room. The Council will now hold a public hearing on ad valorem taxes for municipal purposes. The public hearing is now in session. Are there any comments from the public? Are there any comments from Council members? All right. If not, then the public hearing is closed. Madam Clerk, you may continue. Number 14. An ordinance levying ad valorem taxes for municipal purposes for the fiscal year July 1, 2016, through June 30, 2017 on the assessed value of the taxable property within the taxing jurisdictions of the Lexington Fayette, Urban County Government, all taxes on each $100 of assessed valuation as of the January 1, 2016 assessment date as follows. General Services District .0800 on real property, including real property of the public service companies, .0915 on personal property, including personal property of public service companies, non-commercial aircraft and non-commercial watercraft, .1500 on insurance capital, .0150 on tobacco in storage, and .0450 on agricultural products in storage. Full urban or partial urban services districts based on urban services available on real property, including real property of public service companies, .1431 for refuse collection, .0210 for street lights, .0097 for street cleaning, .0920 on insurance capital, .0150 on tobacco in storage, .0450 on agricultural products in storage, abandoned urban property, $1, and levying an ad valorem tax for municipal purposes at the rate of .0880 on each $100 of assessed value on all motor vehicles and watercraft within the taxing jurisdiction of the Lexington-Veitre-Irban County Government as of the January 1, 2017 assessment date. Thank you, Madam Clerk. The Council will now hold a public hearing on ad valorem taxes for the Agricultural Extension Office. Public hearing is now in session. Are there any comments from the public? Are there any comments from Council members? All right, then the public hearing is declared closed. Madam Clerk, please continue. Number 15, an ordinance levying ad valorem taxes for purposes of support of the Agricultural Extension Office for the fiscal year July 1, 2016 through June 30, 2017 on the assessed value of all taxable real and personal property within the taxing jurisdiction of the Lexington Fayette Irving County Government. All taxes on each $100 of assessed valuation as of the January 1, 2016 assessment date as follows. .0035 on all taxable real property, including real property of public service companies. .0038 on taxable personal property, including personal property of public service companies, non-commercial aircraft, and non-commercial watercraft, and excluding inventory and transit. insurance capital, tobacco in storage, and agricultural products in storage, and levying an ad valorem tax for purposes of support of the Agricultural Extension Office at the rate of .0032 on each $100 of assessed value on all motor vehicles and watercraft within the taxing jurisdiction of the Lexington Fayette Urban County Government as of the January 1, 2017 assessment date. All right. Thank you, Madam Clerk. The Council will now hold a public hearing on ad valorem taxes for the public health tax. Public hearing is now in session. Are there any comments from the public? Are there any comments from council members? All right. The public hearing is now closed. Madam Clerk, please continue. Number 16, an ordinance adopting the request of the Lexington Fayette County Health Department under KRS 212.755 and levying a special ad valorem public health tax for the fiscal year July 1, 2016 through June 30, 2017 on the assessed value of all taxable real and personal property within the taxing jurisdiction of the Lexington-Fayette-Irban County Government, including real and personal property of public service companies, non-commercial aircraft, non-commercial watercraft, and inventory and transit, and excluding insurance capital, tobacco and storage, and agricultural products and storage at the rate of .028 on each $100 of assessed value as of the January 1, 2016 assessment date, and levying a special ad valorem public health tax at the rate of .028 on each $100 of assessed value on all motor vehicles and watercraft within the taxing jurisdiction of the Lexington-Fayette Irving County Government as of the January 1, 2017 assessment date. Council will now hold a public hearing on ad valorem taxes for the Soil and Water Conservation District. The public hearing is now in session. Are there any comments from the public? Are there any comments from Council members? All right, then the public hearing. Council Member Henson. I remember this coming up, and I was just wondering if there's anyone here from the Soil and Water Conservation District that I have a—I want to make sure I understand the revenue. Looks like there is someone here. Mr. James, thank you, sir. Hi, John James. I serve on the Board of Supervisors for the Conservation District. I remember when we had a discussion on this, and this was a very, very small amount for the average property and it would only increase a property by like 16 cents, I believe, or something. On a $150,000 home, it's 15 cents. $200,000 assessment, it's 20 cents. And tell me again about your revenue. Currently, your revenue is how much annually? The previous year, the 2015-16 fiscal year, we received $114,210. And this would increase it to? The estimate is an increase to $145,000, so it's roughly a $30,000 increase. And you're finding, I guess I'm just thinking about the principle of this, not that you can have my 16 cents, but I just think when we're raising taxes that there's a principle involved too. Sure. So if you find that your revenue is short somewhat. lot? Yes, we come up very tight every year to make things meet. We operate a fleet of equipment to rent to landowners so that they can improve their property for soil conservation purposes, and we need to update that fleet. It's very tired, and we simply don't have the funds to do that. Okay. So you would have additional revenue, though, with this increase because we have to do a full point. We can't do a part of one. Right, because the tax computer that the LFCCG maintains only goes to the fourth decimal point. And our current rate is 000512, I think. Correct. And so we're looking to, you know, I know that the percentage increase that we're looking for sounds like a lot, but when you consider that it's actually just the fourth decimal point, it's minuscule. Right. So is there plans? this will increase your revenue by a pretty high percentage. Yes. So is there plans for the use of that money since we don't see a budget or anything like that? We have plenty of ideas of what we can use it for. I mean, it's endless. We would like to implement an in-county cost share program for landowners to participate for farm entrance improvement. If there's only a mud road existing into the farm in the wintertime, that gets chopped up and then mud and gravel ends up in the road. And we'd like to try to help mitigate that. We're looking at, we're currently participating in a multiple county program. which this is kind of beside the point, but we'd like to implement our own in-county program for watershed stream bank improvement. Okay. Okay, I hate to, I'm sorry to drill you, but I just felt like, you know, I know you were trying to get it in increments, and we were passing that, so this was a big jump. Yes, it was going to take another several years to reach the point that it actually kicked over to the next. Right. And in the meantime, you would be in a deficit or it would be a struggle. Right. Okay. Thank you very much. You're welcome. All right. Thank you, Mr. James. Thank you, Councilman Henson. Is there anyone else who wants to speak? No, I can do that. All right. If not, then public hearing is closed. Madam Clerk, you may continue with item number 17, ordinance number 17. Number 17, an ordinance levying ad valorem taxes for purposes of support of the Soil and Water Conservation District for the fiscal year July 1, 2016 through June 30, 2017, on the assessed value of all taxable real property within the taxing jurisdiction of the Lexington Bayer-Bee County Government, including real property of public service companies at a rate of .0006 on each $100 of assessed valuation as of the January 1, 2016 assessment date. Thank you, ma'am. Is there a motion to approve second reading of ordinances? So moved. Motion by Council Member Henson, seconded by Vice Mayor Kaye. Is there any discussion on the motion? All right. If not, then, Madam Clerk, please call the roll. Ms. Evans? Yes. Mr. Farmer? Yes, I have. Mr. Gibbs? Yes. Mr. Hensley? Yay. Ms. Henson? Yes. Vice Mayor Kaye? Yes. Ms. Lamb? Yes. Mr. Maloney? Yes, ma'am. Ms. Massadi? Yes. Ms. Gutschfield? Yes. All that's 17. Thank you. Mr. Stinnett? Yes, ma'am. Ms. Bledsoe? Yes, no on 17. Mr. Fred Brown? Yes, no on 17. And Mr. James Brown? Yes. Thank you. All right, thank you, Madam Clerk. The vote reflects passage of motion. Allows us to move on to ordinances for a first reading. Whenever you're ready. Thank you. Thank you. outstanding prior bonds issued by the board, number 20. An ordinance amending the classified civil service authorized strength by abolishing one position of video specialist, grade 518E, and creating one position of video production supervisor, grade 522E, reclassifying the incumbent in the Division of Government Communications, effective upon passage of counsel, number 21. An ordinance amending the classified civil service authorized strength by abolishing two positions of engineering tech senior, grade 516E, and creating two positions of engineering tech senior, grade 516N, and abolishing seven positions of engineering tech principal, grade 518E, and creating seven positions of engineering tech principal grade 518N in the division of engineering, abolishing 14 positions of engineering tech senior grade 516E, and creating 14 positions of engineering tech senior grade 516N, and abolishing five positions of engineering tech principal grade 518E, and creating five positions of engineering tech principal grade 518N in the division of water quality, abolishing one position of engineering tech senior grade 516E, and creating one position of engineering tech Senior Grade 516N in the Division of Traffic Engineering, abolishing one position of Fleet Operations Supervisor Grade 519E and creating one position of Fleet Operations Supervisor Grade 519N in the Division of Facilities and Fleet Management, abolishing three positions of Planner Grade 517E and creating three positions of Planner Grade 517N and abolishing 14 positions of Planner Senior Grade 521E and creating 14 positions of Planner Senior Grade 521N in the Division of Planning and abolishing one position of Planner Senior grade 521e and creating one position of planer senior grade 521n in the division of environmental services transferring the incumbents from exempt to non-exempt positions and converting their bi-weekly salaries to hourly excuse me hourly rates of pay effective upon passage of council number 22. an ordinance creating section 16 2.1 of the code of ordinances to require any person engaged in the design review construction repair and or inspection of infrastructure in the lexington fayette in lexington fayette county to comply with the lfucg engineering manuals and to provide that that a failure to comply with the engineering manuals is classified as a violation subject to civil enforcement, amending Section 16-201A of the Code to authorize civil enforcements for such violations consistent with the procedures set forth in Chapter 16, Article 12 of the Code and amending Subsection 1410F5 of the Code to designate citation officers having authority to enforce the engineering manuals. Number 23, an ordinance amending the classified civil service authorized strength by abolishing one position of trades worker, Grade 509N, and creating one position of skilled trades worker senior grade 517N in the Division of Parks and Recreation effective upon passage of council number 24. An ordinance to amend ordinance number 114-2016 to include conditional zoning restrictions which were inadvertently omitted from the final report from the Planning Commission in the ordinance and to add a new section 2 and renumber existing sections 2 and 3 to sections 3 and 4 to correct the omission number 25. An ordinance amending the authorized strength by creating one classified civil service position of public service supervisor Grade 514N in abolishing one classified civil service position of public service worker senior. Grade 509N in the Division of Streets and Roads. Creating one classified civil service position of body-worn camera administrator. Grade 517N in the Division of Police. Creating one classified civil service position of administrative specialist. Grade 513N in the Division of Fire and Emergency Services. And creating one unclassified civil service position of officer of diversity and inclusion. Creating, excuse me, Grade 523E in the office of the chief administrative officer effective upon passage of counsel. And number 26, an ordinance amending certain of the budgets of the Lexington Fayette-Urban County Government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds. Schedule number 7. Thank you, Madam Clerk. Are there any motions for walk-ons or suspensions for second reading? Council Member Stennett. Thank you, Mayor. And if there's someone here to speak, I would like to pause, too, and allow them to speak before we do it. But I've been asked by the administration to advise that we need to have second reading on item 21. All right. There's a motion on 21. Yes, sir. All right. Is there a second? Second. Got a motion. Got a second. Council Member Sadi gives us a second. Is there any discussion on the motion? All right. If not, then we can vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Madam Clerk, if you'll give us a second read on 21. We have another one. All right. We've got another one. Hold on just a second. Council Member Hensley? I would like to get a second reading on number 19, please. All right. It's a motion on 19. Is there a second? Motion. We have a second. Council Member Evans just gives us a second. Is there any discussion on the motion? All in favor, please say aye. Aye. Opposed, no. Motion carries. All right. Any further motions? Mayor. All right. We normally advise against giving second reading the ordinances with a bond because of the charter. Which one is that? We talked to bond counsel before the meeting to make sure there wasn't going to be a timing issue with this. That's 19. All right. I thought we cleared that with Commissioner Omara that that wasn't an issue, though. Well, you have an issue with under your charter, you're not supposed to do matters of finance at the same meeting. You're not supposed to be able to suspend the rules to do that. technically we're issuing the bond with the or with or for the airport so i don't want you all to get in a charter issue as a result of giving this the second reading tonight so my advice would be after consulting with our bond council would be that it can wait they can go ahead and afford to wait till the next meeting give it the second reading it's not going to cause any any detrimental impact to do that okay all right so withdraw the motion withdrawal motion all right we got a withdrawal on the motion. So we've got, what is that then? We've just got number 21? Alright, Madam Clerk, if you'll give us a second read on 21, please. Thank you. Number 21. In ordinance amending, we classified civil service authorized strength by abolishing two positions of engineering tech senior grade 516E and creating two positions of engineering tech senior grade 516N and abolishing seven positions of engineering tech principal grade 518E and creating seven positions of Engineering Tech Principal, grade 518N, in the Division of Engineering, abolishing 14 positions of Engineering Tech Senior, grade 516E, and creating 14 positions of Engineering Tech Senior, grade 516N, and abolishing five positions of Engineering Tech Principal, grade 518E, and creating five positions of Engineering Tech Principal, grade 518N, in the Division of Water Quality, abolishing one position of Engineering Tech Senior, grade 516E, and creating one position of Engineering Tech Senior, grade 516N, in the Division of Traffic Engineering, Abolishing one position of Fleet Operations Supervisor, Grade 519E, and creating one position of Fleet Operations Supervisor, Grade 519N, in the Division of Facilities and Fleet Management. abolishing three positions of planar grade 517e and creating three positions of planar grade 517n and abolishing 14 positions of planar senior grade 521e and creating 14 positions of planar senior grade 521n in the division of planning and abolishing one position of planar senior grade, excuse me, grade 521e and creating one position of planar senior grade 521n in the division of environmental services, transferring the incumbents from exempt to non-exempt positions and converting their biweekly salaries to hourly rates of pay effective upon passage of counsel. Thank you, Madam Clerk. Is there a motion to approve? So moved. Motion by Council Member Farmer. Is there a second? Second by Council Member Hensley. Is there any discussion? Pardon? Maybe someone signed up. Signed up for this one? Yes. Has anybody signed up? Is that what? Oh, okay. Jimmy. Mayor and members of the Urban County Council, I'm speaking on behalf of the senior planners in the divisions of planning and environmental services. Once again, thank you for the opportunity to speak to you about an item on your agenda that's very important to us. We're concerned about the change in the employment status from exempt to non-exempt for the senior planner classification. With only a few minutes to speak, I will highlight our main points. When last we spoke, we asked for additional time to more fully research this matter. We have done that. Urban planning is a complicated field. utilizing the expertise of several related disciplines to achieve the balance necessary for carrying out our duties in the strategic planning for our city. We still believe that our jobs do qualify as exempt positions, specifically the administrative professional exemption, as defined by the Department of Labor. The FLSA guidance documents even state that urban planners may qualify under this provision, and recently the American Planning Association, on our behalf, asked our colleagues from around the nation how they were classified either as exempt or overtime-protected employees. Eighty-eight percent of those respondents classified their planners as exempt. We've been told that the recommended change in our status is not due to our salaries, but rather our job duties, which have not changed. The laws governing this decision have not changed. Therefore, the only thing that must have changed is the interpretation of those laws. This has been presented to us that this change is a mandatory change because our job duties do not meet the criteria for an exemption. If that were true, we should be entitled to the back pay that is owed us for the cop time that we have utilized over the past two to three years while being misclassified. If there is room for interpretation, and this is a voluntary decision that LFUCG is making, we would like the acknowledgement that we do qualify as exempt professional or administrative employees, but are being reclassified to move us into a more protected category of employment. Planning staff's primary concern about this change is the loss of comp time. That is a benefit that's been offered to your employees for decades. Last time we highlighted the benefits to both the city and to the staff. In the event that you do concur with the divisions of human resources and the Department of Law, we would like to focus our attention on developing a comp time policy for overtime-protected employees as allowed by the Department of Labor. The cop time option allows you, the employer, the flexibility to design a program that would allow overtime-protected employees to generate cop time. We understand that this might not be desirable from a management standpoint. Therefore, we would like to work with the Division of Human Resources and the Department of Law to craft a policy that would be beneficial to both the government and its employees. As a starting point, we suggest that employees that meet the minimum wage threshold but are determined not to meet the job duties would be allowed a comp time option in lieu of a cash overtime payment. Please understand that no matter what decision you make today, you can expect the same level of professional service coming from your senior planners as you have always got. Thank you so much for your time, and we will be available if you have any further questions. Thank you, Jimmy. Vice Mayor Kay. Thank you. Thank you, Mayor, and thank you, Jim, for bringing us additional information. I just want to be clear that I will not, and other council members can make their own decision, but I will not be commenting or asking questions about this because this may not be appropriate in a public setting. Thank you. Thank you, Mayor. Thank you, Vice Mayor. All right. Is there any further discussion on the motion? All right, if not, then we can, I'll ask the clerk to please call the roll. Ms. Evans? Yes. Mr. Farmer? Yes, ma'am. Mr. Gibbs? Yes. Mr. Hensley? Yes. Ms. Henson? Yes. Mr. Kay? Yes. Ms. Lamb? Yes, ma'am. Mr. Maloney? Yes. Ms. Massadi? Yes. Ms. Gutchfield? Yes. Mr. Stinnett? Yes, ma'am. Ms. Bledsoe? Yes. Mr. Fred Brown? Yes. And Mr. James Brown? Yes. Thank you. Thank you, Madam Clerk. The vote reflects passage of the motion. Before we go on to resolutions for a second reading, I'm going to ask the Council if they'll allow for an adjustment in our schedule. We have two members of the General Assembly honored us with their presence tonight, Representative Stan Lee, Representative Robert Benvenuti, and I think they are here to support the comments that Jason Rotherman may have. So we can, let's just go ahead. We've got 42 resolutions on the agenda tonight. I would move to suspend the rules and allow public comment at this time. All right. Motion by Vice Mayor Kay to suspend the rules for public comment, second by Council Member Scutchfield. Unless there's objection, we'll suspend the rules. And Jason, you up? All right, sir. Thank you. Well, thank you. I appreciate that, sir. First off, for those of you that don't know me, my name is Jason Rotherman, and I'm a sergeant with the Lexington Police Department here. And I'm also serving in my second term as president of our local FOP lodge. I'm here today along with several other members of our community, and I'd like to thank them for being here today, both members of our department, our executive board members, and obviously the aforementioned guests, Stanley and Robert Benvenuti, who have been strong supporters of the police. Last week, I attended a council work session, and during that session, the topic of transparency and the police disciplinary process came up by Council Member Lamb. I had the opportunity to clarify the intent of that with Council Member Ma'am, and I definitely appreciate that clarification. However, I feel that with that topic being brought up, I feel it's necessary for me to stand in front of you and to address the overall topic of police disciplinary procedures, particularly here in Lexington. As you know, our process for investigating police disciplinary processes and matters in terms of determining the final discipline is a multi-level process that is locally overseen by you all on the City Council. This process is outlined in state legislation, city ordinance, and our current collective bargaining agreement, which this council recently ratified. Each level of this process, including our current collective bargaining agreement, represents a large amount of time, thought, discussion, and collaboration. I believe that all the discussions, thoughts, and collaboration is only made possible by having good, working relationships between city leaders, state officers, and leaders in both our police department and our FOP. I want to publicly thank Mayor Jim Gray and his staff, as well as the council members, for enabling such a productive and positive working relationship, particularly with our local FOP and the police officers that I represent. So thank you all for that. This type of leadership, these types of relationships, these current processes that we have, they're a big reason why Lexington doesn't have the problems that we see across the country. Because of the efforts of the leaders that I mentioned, coupled with having some of the most responsible, actually one of the most responsible and accountable police agencies in our nation, as well as the finest police officers in the nation, continue to keep Lexington a safe place to live. I'm here today to say that I'm honored to represent members of the Lexington Police Department. I'm thankful for the support of our community. As I stand before you, and as I've said before, I'm here today with many representatives from across the state, and I want you to know that we stand unified in front of you as representatives of our police officers. I guess what I just want to say is, while I appreciate the clarification of the motion, I feel it's necessary to stand in front of you and, as president of our local FOP, be extremely clear and concise in my message. and that is that the FOP here cannot and will not endorse discussions of suggestions of change on matters currently covered under our collective bargaining agreement outside the confines of collective bargaining, particularly regarding police disciplinary matters and particularly those discussions that are driven by third-party entities with political agendas. At the end of the day, you, the members of this City Council, serve as representatives of the citizens of Lexington and provide the ultimate citizen oversight at the local level on these matters. As police officers, we will continue to serve this community in a manner that makes all Lexingtonians proud to support their police. I want to say publicly that I appreciate each one of you and the service that you provide to the community. However, I feel that having these types of open discussions regarding these particular matters is something that we need to continuously work on, and I don't feel that we have current issues here. And so I appreciate you all's time. It's a brief comment, but I wanted to make sure that you all understand exactly where we stand on this matter. I look forward to working with you all in the future, And I know, unfortunately, this is the first time I've had the pleasure of addressing some of you. But I appreciate your time, and I thank you for the support of our guests and our police officers here. Thanks. Jason, thank you. Thank you. All right. That allows us, then, to move on to resolutions for a second reading. Madam Clerk, whenever you're ready. Thanks. Thank you. Resolution number one, a resolution accepting the bid of Stringfellow Incorporated, establishing a price contract for hook lift vehicle for the Division of Facilities and Fleet Management. Number two, a resolution accepting the bids of C.I. Thornburg Company, Hayes Pipe Supply Incorporated, and HD Supply Water Works Limited, establishing price contracts for sanitary sewer repair materials for the Division of Water Quality. Number three, a resolution accepting the bid of TEM Group Incorporated in the amount of $37,621 for emergency generator electrical connections for the Division of Water Quality. Number four, a resolution accepting the bid of Johnstone Supply Incorporated in the amount of $24,536.18 for natural gas, boiler, and cast iron radiators, parts only for the Division of Water Quality. Number five, a resolution accepting the responses of Bluegrass Valuation Group, LLC, and Paul Moore Appraisal Services, LLC, to provide appraisal services for the Agricultural Land Easement Program pursuant to RFP No. 17, 2016, and establishing price contracts, and authorizing the mayor on behalf of the Irving County Government to execute any additional necessary agreements with the vendors related to the RFP. Number six, a resolution accepting the bid of Fused Solutions, LLC, establishing a price contract for outdoor warning siren and AM radio sign maintenance for the Division of Emergency Management 911. Number seven, a resolution accepting the bids of B&H Environmental Services and Gullet Sanitation Services, Inc., establishing price contracts for pump station wet well cleaning services for the Division of Water Quality. Number eight, a resolution ratifying the probationary classified civil service appointments of Timothy Lee Maintenance Mechanic, Grade 515N, 18.428 hourly in the Division of Water Quality, and Casey Codger, Traffic Engineer Manager, Grade 527E, 2008-71.04, biweekly, in the Division of Traffic Engineering, both effective August 22, 2016. Fred Stokely, Building Inspection Supervisor, Grade 521E, 2,247.04, biweekly, in the Division of Building Inspection, effective September 5, 2016. Rhonda Hatfield, Administrative Specialist, Grade 513N, 22.557, hourly, in the Division of Police, effective August 22, 2016. Robert Royalty, Vehicle and Equipment Technician, Grade 514N, 17.551, hourly in the Division of Facilities and Fleet Management. Gary Burroughs, 22.497, hourly, and Gordon Gilliam, 21.839, hourly, both Public Service Supervisor, Grade 514N, in the Division of Parks and Recreation, effective August 22, 2016. Ratifying the permanent civil service appointments of Caleb Hubbard, Customer Service Specialist, Grade 510N, 14.835, hourly, and Anna Burroughs, Information Officer, Grade 518E, 10805.36 biweekly, both in the Division of Government Communications. Effective July 25, 2016. Wesley Holbrook, Administrative Officer Senior. Grade 526E, 200960.08 biweekly in the Department of Finance. Effective July 25, 2016. Barry Brown, Public Service Worker Senior. Grade 509N, 14.478 hourly in the Division of Streets and Roads. Effective July 11, 2016. Wanda Wallen, Engineering Technician Senior. Grade 516E, 10897.44 biweekly. Effective June 14, 2016. Catherine Cobb, Program Specialist. Grade 513E, 1,438.72 biweekly, effective August 8, 2016. David Fender, public service supervisor senior, Grade 517N. 23.130 hourly, effective May 30, 2016. And Frank Parnass, public service supervisor senior, Grade 517N. 21.464 hourly, effective July 25, 2016. All in the Division of Water Quality. Angela Poe, program manager senior, Grade 524E. 2007-11.53 biweekly in the Division of Environmental Services, effective January 27, 2016. Tammy Jones, Property and Evidence Technician, Grade 513 and 22.557 Hourly, effective July 25, 2016. And Brenna Angel, Public Information Officer, Grade 523E, 2007-91.36 Bi-Weekly, effective June 28, 2016. Both in the Division of Police and Stephanie Theakston, Program Coordinator, Grade 525E, 2005-23.13 Bi-Weekly in the Department of Social Services, effective May 2, 2016. ratifying the permanent sworn appointments of Randall Combs, 29.309 hourly, effective June 14, 2016, and Amal Terry and Jervis Middleton, both 30.538 hourly, effective July 25, 2016, all police sergeant, grade 315N in the Division of Police, ratifying the probationary sworn appointment of John Walters, fire major, grade 318N, 3774.08 biweekly in the Division of Fire and Emergency Services, effective July 26, 2016. Number 9, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an agreement with Sonar Systems LLC, a sole source provider for electronic vehicle inspection reporting software, hardware, and data services at a cost not to exceed $30,000. Number 10, a resolution authorizing the mayor on behalf of the urban county government to execute a lease agreement with the Board of Education of Fayette County, Kentucky for Meadowbrook Golf Course and no cost to the urban county government. Number 11, a resolution approving the Fayette County Sheriff's Settlement 2015 taxes for taxes collected as of April 15, 2016 and granting the sheriff a quietus. Number 12, a resolution authorizing the mayor on behalf of the urban county Government to execute a memorandum of agreement with the Commonwealth of Kentucky Justice and Public Safety Cabinet, Kentucky State Police, for the acceptance of federal funds in the amount of $40,000 under the Ticketing Aggressive Cars and Trucks grant program, the acceptance of which obligates the Urban County Government for the expenditure of $10,000 as a local match. Number 13, a resolution authorizing the Mayor on behalf of the Urban County Government to execute a lease agreement with Lovewell Incorporated for approximately 863 square feet of space at the Black and Williams Neighborhood Center, generating an annual revenue of $8,457.40 for the Urban County Government. Number 14. A resolution authorizing the Division of Fire and Emergency Services on behalf of the Irving County Government to purchase a Lucas 2 CPR assist device from Physio Control Inc. and Socials Provider at a cost not to exceed $22,399.99. Number 15. A resolution authorizing and directing the mayor on behalf of the Irving County Government to execute and submit a grant application to the Kentucky Department of Agriculture and to provide any additional information requested in connection with this grant application, which grant funds are the amount of $1,000 Commonwealth of Kentucky Fund Center for the operation of the Lexington Humane Society's Spays the Way program for the Lexington Fayette Animal Care and Control. Number 16. A resolution authorizing the mayor on behalf of the urban county government to execute a multi-year agreement with Service Express Incorporated for maintenance and repair of IT equipment at an estimated cost not to exceed $23,280 with future fiscal years subject to sufficient appropriation of funds. Number 17. A resolution authorizing the mayor on behalf of the urban county government to execute a memorandum of understanding with the planter for provision of an AmeriCorps VISTA member for support and services of the Office of Multicultural Affairs and the Lexington Global Engagement Center Global at a cost not to exceed $5,500. Number 18, a resolution authorizing the mayor on behalf of the Urban County Government to execute change order number one to the contract with Fitzsimmons Office of Architecture, Incorporated for Architectural and Engineering Services for Bell House, increasing the contract price by the sum of $16,810 from $14,000 to $30,810. Number 19, a resolution authorizing the mayor on behalf of the Urban County Government to execute change order number one to the contract with W.R. Cole and Associates, Incorporated for the Kenwick Community Center Window Replacement Project, increasing the contract price by the sum of $10,350 from $37,600 to $47,950. Number 20, a resolution authorizing and directing the mayor on behalf of the urban county government to execute an accreditation agreement with the Council on Accreditation for re-accreditation of the Department of Social Services at a cost not to exceed $26,595. Number 21, a resolution authorizing and directing the mayor on behalf of the urban county government to accept a certified local scholarship grant from the Kentucky Heritage Council, which grant funds are in the amount of $1,500 Commonwealth of Kentucky funds for the Amelia Armstrong Historic Preservation Specialist to attend the National Alliance of Preservation Commission's forum, 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 22, a resolution authorizing the mayor on behalf of the urban county government to execute a renewal agreement with Omnisource Integrated Supply LLC for WebEOC coordinator services at a cost not to exceed $99,000. Number 23, a resolution authorizing and directing the mayor on behalf of the urban county government to accept a donation of a junked automobile for use of the Division of Fire and Emergency Services for training at no cost to the urban county government. Number 24. A resolution authorizing the mayor on behalf of the urban county government to execute an engineering services agreement with Palmer Engineering Incorporated for design of the West Loudoun Avenue streetscape project at a cost not to exceed $96,600. Number 25. A resolution authorizing the mayor on behalf of the urban county government to execute an engineering services agreement with Carmen for the design of the Squires Road sidewalk project at a cost not to exceed $25,935. Number 26. A resolution authorizing the mayor on behalf of the urban county government to execute change order number one to the contract with Environmental Demolition Group, LLC, for the historic courthouse environmental hazard abatement project, increasing the contract price by the sum of $14,625 from $365,000 to $374,625, number 27. A resolution authorizing and directing the mayor on behalf of the Irving County Government to execute a two-year agreement with smart systems for dishwashing chemicals for the child care food program at the Family Care Center at a cost not to exceed $4,800, number 28. A resolution authorizing the mayor on behalf of the Irving County Government to execute certificates of consideration and any other necessary documents and to accept deeds for properties located at 134, 135, and 137 Elam Park. And for the Elam Park Stormwater Priority Project, it costs none to exceed $525,000, number 29. A resolution authorizing the mayor on behalf of the urban county government to execute change order number 2 to the agreement with Solid Rock Construction Services, LLC, for the Cardinal Lane Stormwater Improvements Project, Phase 1 and Phase 3, increasing the contract price by the sum of $20,000 from $241,874.24 to $261,874.24 and extending the date of completion by 90 calendar days to September 26, 2016. Number 30, a resolution authorizing and directing the mayor on behalf of the Irvin County government. Let's give the clerk her time. It's getting a little noisy, so thank you, Madam Clerk. Thank you all. To execute an accreditation agreement with the Commission on Accreditation for Law Enforcement Agencies Incorporated for the initial process for public safety communications accreditation for the Division of Enhanced 911 at a cost not to exceed $3,470.60 for fiscal year 2017. Number 31. A resolution authorizing and directing the mayor on behalf of the urban county government to execute and submit a grant application to the Kentucky Emergency Management Agency and to provide any additional information requested in connection with this grant application and to accept this grant if the application is approved, which grant funds are in the amount of $76,125 federal funds, $12,180 Commonwealth of Kentucky funds under the Hazard Mitigation Grant Program or for the updating of the Lexington Fayette Hazard Mitigation Plan, the acceptance of which obligates the urban county government for the expenditure of $13,195 as a local match and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 32, a resolution authorizing the mayor on behalf of the urban county government to execute a multi-year agreement with Thomson Reuters West Publishing Corporation for a subscription to the Clear Government Background Investigation Database and Services for the Division of Revenue at a cost estimated not to exceed $4,392 in fiscal year 2017. Number 33, a resolution authorizing the mayor on behalf of the urban county government to execute a group contract with the Kentucky Department of Parks for use of Barron River State Park facilities and services for the Division of Parks and Recreation's therapeutic recreation program at no cost to the Irving County Government. Number 34. A resolution authorizing the mayor on behalf of the Irving County Government to execute an agreement awarding a Class B infrastructure instead of grant to train U.S. Incorporated for stormwater quality projects at a cost not to exceed $317,756. Number 35. A resolution authorizing and directing the mayor on behalf of the Irving County Government to execute and submit applications to the Kentucky Infrastructure Authority and to provide any additional information requested in connection with these applications for low-interest state revolving fund loans in the following amounts to facilitate the following sanitary sewer-related projects. $9,969,585 for the Town Branch Commons Phase 1 Midland Avenue Trunk Sewer Replacement Project, $2,355,600 for the Lower Griffin Gate Trunk Sewer Project, and $16,888,634 for the Expansion Area 3 Sanitary Sewer Infrastructure Project, No. 36. A resolution authorizing the mayor on behalf of the Irving County Government to execute a three-year service agreement with Time Warner Cable Enterprises LLC for Wi-Fi services at the Black and Williams Neighborhood Center at a cost not to exceed $2,792.96. Number 37. A resolution authorizing the mayor on behalf of the Irving County Government is the collaborative applicant to execute and submit the 2016 Continuum of Care Grant application to the United States Department of Housing and Urban Development to provide any additional information requested in connection with this grant application. Which grant funds are in the amount of? $1,663,899 federal funds, or for the operation of programs by community nonprofit organizations to reduce homelessness in Lexington Fayette County and to accept $45,714 of the grant funds if the application is approved for project planning expenses related to monitoring all programs funded by the grant, the acceptance of which obligates the urban county government for the expenditure of $12,000 as a local match and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 38, a resolution authorizing the mayor on behalf of the urban county government to execute an amended agreement with International Business Machines Corporation to extend disaster recovery and business continuity services through December 31, 2018 at an estimated cost not to exceed $136,020. Number 39, a resolution authorizing the mayor on behalf of the urban county government to execute an agreement awarding a Class B infrastructure incentive grant to the Board of Education of Fayette County, Kentucky for stormwater quality projects at a cost not to exceed $35,000. Number 40, a resolution establishing Duffling Incorporated as a sole source provider for the accessible hazard alert system and authorizing the mayor or his designee on behalf of the Urban County Government to execute any necessary agreements with DefLink Incorporated related to the procurement of these goods and services at a cost not to exceed $33,750 for fiscal year 2017. Number 41, a resolution approving the consent agreement and final order with the United States Environmental Protection Agency and authorizing the mayor on behalf of the Urban County Government to execute the consent agreement and final order at a cost not to exceed $16,800. And number 42, a resolution authorizing the mayor on behalf of the Urban County Government to execute agreements with Food Chain, $500, Lexington Humane Society, $500, Medu-Thorpe Neighborhood Association, Inc., $500, Police Athletic Activities League of Lexington, Inc., $1,000, LexArcs, Inc., $400, Vineyard Neighborhood Corporation, $1,165, and Lafayette Band Association, $500 for the office of the Irving County Council at a cost not to exceed some stated. Thank you, Madam Clerk. Motion to approve by Council Member Farmer. Is there a second? Second by Vice Mayor Kay. Is there any discussion on the motion? All right. Then, Madam Clerk, when you're ready, please call the roll. Ms. Evans? Yes. Mr. Farmer? Yes, ma'am. Mr. Gibbs? Yes. Mr. Hensley? Yay. Ms. Henson? Yes. Mr. Kay? Yes. Ms. Lamb? Yes. Mr. Maloney? Yes. Ms. Massadi? Yes. Ms. Gutchfield? Yes. Mr. Stinnett? Yes. Ms. Bledsoe? Yes. Mr. Fred Brown? Yes. and mr james brown yes thank you thank you madam clerk the vote reflects passage of the motion allows us to move on to resolutions for first reading and i'll ask the vice mayor to take over the chair thank you vice mayor thank you madam clerk when you're ready yes sir number 43 a resolution accepting the bid of amk services llc in the amount of 279 $9,270.50 for the radio communication system for PSOC for the Department of Public Safety and authorizing the mayor on behalf of the urban county government to execute an agreement with AMK Services, LLC related to the bid, number 44. A resolution accepting bid of Alpha Omega Industries, LLC, doing business as 911 fleet and fire equipment, establishing a price contract for SCBA parts for the Division of Fire and Emergency Services, number 45. A resolution authorizing the Division of Human Resources to make a conditional offer to the following probationary civil service appointments. Matthew Adalci, Technical Specialist, Grade 515N, 19.142 hourly, effective September 6, 2016. Davey Middleton, Public Service Worker Senior, Grade 509N, 15.356 hourly, effective upon passage of counsel, both in the Division of Water Quality. Nancy Hines, Security Officer, Grade 507N, 13.155 hourly, effective upon passage of counsel. Alexander Johnston, Security Officer, Grade 507N, 12.783 hourly, effective September 5, 2016. Both in the Department of Public Safety. Christopher Bronchick, Planner, Grade 517E, 1,730.77 biweekly. Autumn Midyett, Planner Senior, Grade 521E, 2,046.48 biweekly, both in the Division of Planning, effective October 3, 2016. Justin Carey, Project Manager, Grade 517E, 1,018.72 biweekly, in the Division of Parks and Recreation, effective September 6, 2016. Authorizing the Division of Human Resources to make a conditional offer to the following unclassified civil service appointments. Kendra Thompson, Council Staff Specialist, Grade 510N, $18 hourly, in the Office of the Urban County Council, effective September 12, 2016. And Stephen Carter, Project Engineering Coordinator, grade 525E-20401.52, biweekly in the Division of Water Quality, effective upon passage of council, number 46. A resolution ratifying the probationary classified civil service appointments of Daryl Boone, OSP, Network Supervisor, grade 521N, 32.669, hourly, in the Division of Traffic Engineering, effective September 19, 2016. Jonathan McCoy, Skilled Trades Worker, grade 515N, 19.137, hourly, in the Division of Facilities and Fleet Management, effective September 5, 2016, ratifying the permanent civil service appointments of Lori Jackson, Administrative Specialist, Senior, Grade 5, 16, N, 21.733, hourly, in the Division of Accounting, effective August 22, 2016. Haley Atwood, Staff Assistant, Grade 508, N, 13.6, 74, hourly, in the Division of Grants and Special Programs, effective August 22, 2016. And Micah Stallard, Engineering Technician, Grade 514, N, 19.886, hourly, in the Division of Traffic Engineering, effective August 8, 2016. Number 47, a resolution authorizing and directing the mayor on behalf of the Irving County Government to execute a memorandum of agreement with Kentucky River Watershed Watch to provide services related to water quality monitoring in the Cane Run watershed at a cost not to exceed $5,000. Number 48, a resolution authorizing the mayor on behalf of the Irving County Government to execute an agreement with the Matrix Group for the Green Space Survey at a cost not to exceed $19,700. Number 49, a resolution authorizing and directing the mayor on behalf of the Irving County Government to execute an agreement with Information Station Specialists, Inc. for streamcast services for the broadcast of public service announcements at a cost not to exceed $359.40 for fiscal year 2017. Number 50. A resolution authorizing the mayor on behalf of the urban county government to execute change order number two final to the contract with Grants Excavating Incorporated for the Blue Sky Pump Station and Force Main Contract 1 project decreasing the contract price by the sum of $17,500 from $621,00 to $603,505. Number 51. A resolution authorizing and directing the mayor on behalf of the urban county government to execute a purchase of service agreement with Children's Advocacy Center of the Bluegrass to assist with forensic interviews at a cost not to exceed $50,000. Number 52. Association Incorporated, $750 for the Office of the Urban County Council at a cost not to exceed the sum stated, number 53. A resolution authorizing the Mayor on behalf of the Urban County Government to execute a release of easement, releasing utility easements on the property located at 2020 Harrodsburg Road, number 54. A resolution authorizing the Mayor on behalf of the Urban County Government to execute a memorandum of understanding with Fayette County Public Schools for the transportation services for the Family Care Center's students and their children for the 2016-2017 school year at a cost not to exceed $76,106.46, number 55. A resolution authorizing the Mayor on behalf of the Lexington Fayette Urban County Government to execute a deed and any other documents necessary to transfer a portion of the property located at 800 Neville Avenue to the Kentucky Transportation Cabinet for Phase 2 of the Newtown Pike Extension Project, No. 56. A resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a contract with Fayette County Public Schools for the operation of preschool classrooms for the 2016-2017 academic year at the Family Care Center at no cost to the Urban County Government, No. 57. A resolution authorizing and directing the mayor on behalf of the urban county government to execute and submit eight grant applications to the Kentucky Transportation Cabinet and to provide any additional information requested in connection with these grant applications, which grant funds are in the amount of $4,425,680 federal funds under the 2016 Congestion Mitigation Air Quality Program and are for the Armstrong Mill Sidewalks Project $1,062,400, the Mercer Road and Greendell Road Turn Lanes Project $793,840, the Mount Tabor Road Widening Project $1,093,000. $6,000. The South Forbes Road at West Main Street Project, $184,800. The Bike and Pedestrian Awareness Marketing and Safety Campaign, $240,000. The Legacy Trail Connection Coldstream Station Project, $321,600. The Wilson Downing Sidewalk Connections Project, $663,680. And the Oxford Circle Sidewalk Connections Project, $63,360. Number 58, a resolution authorizing the Division of Government Communications to procure two digital program switchers from Northeast Projections Incorporated doing business as NPI Audiovisual Solutions, a sole source provider at a cost not to exceed $151,340 and authorizing the mayor on behalf of the urban county government to sign any necessary agreements related to the procurement. Number 59, a resolution authorizing and directing the mayor on behalf of the urban county government to execute a memorandum of understanding with Lexington Humane Society, Lexington Fayette Animal Care and Control, Lexington Lions Club, and Fayette County Extension District Board for care of animals in disasters and emergencies. Number 60. A resolution authorizing and directing the mayor on behalf of the Irving County Government to accept a donation of $4,295 from the family and in memory of Ms. Louise Kidd for the purchase of a four-person golf cart for use of the Lexington Senior Center. Number 61. A resolution authorizing and directing the mayor on behalf of the Irving County Government to execute a memorandum of understanding with the Bluegrass Community Foundation Incorporated, the Lexington Center Corporation, in the downtown Lexington Management District formalizing the commitment of the parties to the Town Branch Commons Project at no cost to the urban county government number 62. A resolution authorizing and directing the mayor on behalf of the urban county government to execute change order number one to the contract with Red River Ranch LLC for the Haley Pike compost pad section replacement, increasing the contract price by the sum of $11,636.35 from $743,360.57 to $754,996.92. Number 63. A resolution authorizing and directing the mayor on behalf of the urban county government to execute addendums to existing agreements with Lexington Convention Center Facility Rental Agreement and Hyatt Regency catering contract for the date change for the Police Awards Banquet. Number 64, a resolution authorized in the Division of Traffic Engineering to procure professional services from Pathmaster Incorporated, a sole source provider for technical support and maintenance of the Centrax Advanced Transportation Management System, and a cost not to exceed $22,670 in authorizing the mayor on behalf of the urban county government to sign any necessary agreements related to the procurement. Number 65, a resolution authorizing and directing the mayor on behalf of the urban county government to execute contract modification. Number one, the agreement with ACOM Technical Services Incorporated doing business as ACOM for additional professional services related to the Town Branch Commons Project at an estimated cost not to exceed $1,688,441.50. Number 66, a resolution authorizing and directing the mayor on behalf of the urban county government to execute and submit six grant applications to the Kentucky Transportation Cabinet and to the Lexington Area Metropolitan Planning Organization and to provide any additional information requested in connection with these grant applications, which grant funds are in the amount of $3,391,840 federal funds. under the Transportation Alternatives Program and are for the Armstrong Mill Sidewalks Project, $1,062,400, the Mount Tabor Road Widening Project, $1,096,000, the South Forbes Road at West Main Street Project, $184,800, the Legacy Trail Connection Coldstream Station Project, $321,600, the Wilson Downing Sidewalk Connections Project, $63,680, and the Oxford Circle Sidewalk Connections Project, $63,360. 67. A resolution authorizing the mayor on behalf of the urban county government to execute a partial release of easement, releasing utility easements on the property located at 2151 Georgetown Road. 68. A resolution authorizing and directing the mayor on behalf of the urban county government to execute a release of claims agreement with Officer James B. Burnett for care of retired canine Garrick. Number 69, a resolution authorizing the mayor on behalf of the Irving County government to execute agreements with Bluegrass Families First, $1,150. Tates Creek High School PTSA Incorporated, $1,000. The Autism Society of the Bluegrass, $775. Bryan Station High School Academy of Information Technology, $1,375. Henry Clay Golf Boosters Incorporated, $825. For the office of the Irving County Council at a cost not to exceed the sum stated, number 70. A resolution amending and approving the number of jobs eligible for the 1% occupational license fee tax credit granted to Delta T Corp. Doing business as big as fans, pursuant to the Kentucky Business Investment Act KRS subchapter 154.32. And Resolution 696-2012 from 150 to 562 and taking other related actions. Number 71. A resolution accepting the bid of Rydell Construction Incorporated in an amount not to exceed $325,000 for general services building roof replacement for the Division of Facilities and Fleet Management. and authorizing the Mayor on behalf of the Urban County Government to execute an agreement with Rydell Construction Incorporated related to the bid. And number 72, a resolution accepting the bid of Fristow and Reynolds Incorporated doing business as comfort and process solutions in the amount of $114,500 for the HVAC Duck Work and Lighting for Coroner's Office and authorizing the Mayor on behalf of the Urban County Government to execute an agreement with Fristow and Reynolds Incorporated doing business as comfort and process solutions related to the bid. Thank you. Are there any motions for walk-ons? council member stinnett um anybody for walk on seeing none request for suspension council members stinnett thank you vice mayor i'd like to suspend the rules and give second reading to number 61 this is to move this agreement forward so that each party can take it back to their board of directors so moved motion in a second discussion on the motion all in favor please say aye Any opposed? That motion carries. And then number 70, Vice Mayor, this is the walk-on from right there for the 1% occupational tax fee credit for Big Ass Van Company. This is due by tomorrow, so we need to get this done. Thank you. Second. I have a motion and a second. Any discussion? Seeing none, all in favor, please say aye. Aye. Any opposed? That motion carries. Thank you, Vice Mayor. Thank you. Council Member Hanson. Thank you, Vice Mayor. I move to spin the rules and give second reading number 45 at the requested administration. This is our conditional offers for employment. We have a motion and a second. Discussion on the motion? Seeing none, all in favor, please say aye. Aye. Any opposed? That motion carries. Thank you. And thank you. Council Member Masotti. Thank you, Vice Mayor. I would ask for a second reading. On resolution number 43, this is on behalf of the administration. This is for the PSOC, Public Safety Operations Radio Request, and also on number 48 as far as the survey for the Green Space Commission. So moved. The motion, do I have a second? We'll take number 43 first. Second on number 43. I have a motion and a second. Discussion on the motion? Seeing none, all in favor, please say aye. Any opposed? That motion carries. And then number 48, I have a motion. Is there a second? I have a motion and a second. Discussion? Seeing none, all in favor, please say aye. Any opposed? That motion carries. And Council Member Lamb. At the request of the administration, I'd like to suspend the rules on resolution number 71, and if there are any questions, I would ask that the administration provide a response. Motion on number 71. Is there a second? Second. Motion and a second. Discussion on the motion? Seeing none, all in favor, please say aye. Aye. Any opposed? That motion carries. Council Member Maloney. Thank you. On behalf of the Council Administrator, they would like to have two reasons. I have two of them. First one is number 52, and that's for NDF. So moved. Second. I have a motion and a second on number 52. Discussion on the motion? Seeing none, all in favor, please say aye. Aye. Any opposed? That motion carries. and I have one more, the same region, number 69 for the additional NNDF. So moved. Thank you. Motion and a second. Discussion on the motion? All in favor, please say aye. Any opposed? That motion carries. Vice Mayor, I'm on your list too. Council Member Farmer, down there. Thank you, sir. Mine is a motion to give a second reading number 53. to allow for this development to go forward on Harrisburg Road. So moved. Second. Motion to second on number 53. Discussion? Seeing none, all in favor, please say aye. Aye. Any opposed? Motion carries. Council Member Hensley. Thank you. Thank you, Vice Mayor. Has anybody made a motion for 68? I've lost count on them. I don't believe they have, but okay, I'd like to make a motion. I'd like to make a motion to make a second read for number 68. I'm sorry, could you? Number 68. Thank you. Motion and a second on number 68. Discussion? Seeing none, all in favor, please say aye. Any opposed? The motion carries. There's nobody else signed up for suspension, so Madam Clerk, when you're ready, if you read those, Give those second reading. Number 43. A resolution accepting the bid of AMK Services, LLC, in the amount of $279,270.50 for the radio communication system for PSOC, for the Department of Public Safety, and authorizing the mayor on behalf of the urban county government to execute an agreement with AMK Services, LLC, 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. Thank you. the Urban County Council, effective September 12, 2016, and Stephen Carter, Project Engineering Coordinator, Grade 525E-20040, 1.52, biweekly, in the Division of Water Quality, effective upon Pastoral Council. Number 48. A resolution authorizing the Mayor on behalf of the Urban County Government to execute an agreement with the Matrix Group for the Green Space Survey at a cost not to exceed $19,700. Number 52. A resolution authorizing the Mayor on behalf of the Urban County Government to execute agreements with bryant station high school academy of it advisory one thousand dollars winburn neighborhood association incorporated 150 dollars east end community development corporation incorporated 200 kentucky dream chasers incorporated 200 edith j hayes ptsa 725 african american forum 1475 dunbar advisory council incorporated 1000 miss kentucky scholarship 400 bryant station high school athletic committee incorporated 500 kentucky chinese american association incorporated 750 for the office of the urban county council at a cost not to exceed the sum stated. Number 53, a resolution authorizing the mayor on behalf of the urban county government to execute a release of easement releasing utility easements on the property located at 2020 Harrodsburg Road. Number 61, a resolution authorizing and directing the mayor on behalf of the urban county government to execute a memorandum of understanding with the Bluegrass Community Foundation Incorporated with the Lexington Center Corporation and the downtown Lexington Management District formalizing the commitment of the parties to the town branch commons project at no cost to the urban county government. Number 68, A resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a release of claims agreement with Officer James B. Burnett for care of retired canine Garrick. Number 69. A resolution authorizing the mayor on behalf of the urban county government to execute agreements with Bluegrass Families First, $1,150. Tate's Creek High School PTSA Incorporated, $1,000. The Autism Society of the Bluegrass, $775. Bryan Station High School Academy of Information Technology, $1,375. Henry Clay Golf Boosters Incorporated, $825. For the office of the urban county council, it costs not to exceed the sum stated number 70. A resolution amending and approving the number of jobs eligible for the 1% occupational license fee tax credit granted to Delta T Corporation doing business as big-ass fans pursuant to the Kentucky Business Investment Act, KRS Subchapter 154.32, and Resolution No. 696-2012 from 150 to 562 and taking other related action, and No. 71. A resolution accepting the bid of Rydell Construction Incorporated in an amount not to exceed $325,000 for General Services Building roof replacement for the Division of Facilities and Fleet Management and authorizing the mayor on behalf of the urban county government to execute an agreement with Rydell Construction Incorporated related to the bid. Thank you. I have a motion to approve. Is there a second? I have a motion and a second. Any discussion on the motion? Seeing none, Madam Clerk, call the roll, please. Thank you. Ms. Evans? Mr. Farmer? Mr. Gibbs? Yes. Mr. Hensley? Yay. Ms. Henson? Yes. Mr. Kay? Yes. Ms. Lamb? Mr. Maloney? Yes. Ms. Massadi? Yes. Ms. Gutchfield? Yes. Mr. Stinnett? Yes, ma'am. Ms. Bledsoe? Yes. Mr. Fred Brown? Yes. And Mr. James Brown? Yes. Thank you. Thank you. that vote reflects approval allows us to move on to the next item on the agenda communications from the mayor is there a motion to approve motion second to approve the mayor's report discussion on the motion seeing none all in favor please say aye any opposed now that motion carries that would bring us down to announcements i'll open the floor if council members have announcements Seeing none, that allows us to move to public comments. I believe that the people who were signed up, are there any additional people here for public comment? Seeing none, we have one. The next item on the agenda, we have a disciplinary matter. I believe Commander Brian Maynard is here to present. Commander. Good evening. On Tuesday, June 28, 2016, an allegation was made that Officer Ray S. Wilson, badge number 41240, violated General Order 1973-02I, Disciplinary Procedures, Appendix B, Operation Rules Section 1.11, Unsatisfactory Performance. Officer Ray Wilson failed to conform to established work standards and expectations while responding to calls for service on June 16, when he was dispatched as a backup unit to an officer responding to a disorder with a knife call. Officer Wilson delayed his response approximately 10 minutes before attempting to respond to the call, which placed the primary officer dispatched to the priority call at an unnecessary risk. Conclusion of this investigation, employee met with Chief Barnard and has accepted 80 hours suspension without pay. Thank you. Is there a motion to approve? So moved. Second. Motion and a second. Discussion on the motion? Seeing none. all those in favor please say aye aye any opposed that motion carries that would then allow for a motion to adjourn motion and a second without objection we stand adjourned Thank you. We'll be right back. Rolling Stone Who says you can't go home Who says you can't go back In all round the world And as a matter of fact There's only one place left I wanna go Who says you can't go home It doesn't matter where you are It doesn't matter where you go It's a million miles away Or just a mile up the road Take it in Take it with you when you go Who says you can't go home? Who says you can't go back? Been all around the world And as a matter of fact