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# Urban County Council - April 13, 2017

> Auto-transcribed civic record · April 13, 2017

- **Permalink**: https://meetings.lexingtonky.news/meeting/4226
- **Source video**: https://lfucg.granicus.com/player/clip/4226?view_id=14&redirect=true
- **Date**: 2017-04-13
- **Last revised**: April 13, 2017
- **Length**: 13,351 words
- **Speakers**: Mayor, Everett

> ⚠️ **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).

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## Meeting Overview

The Urban County Council convened on April 13, 2017, at 6:00 PM in the Council Chambers in Lexington, Kentucky, with Mayor Gray presiding over the session. The meeting addressed two agenda items, including a recognition ceremony for the Lexington Division of Police Explorers Post #357 and consideration of a curfew ordinance amendment. The council conducted two votes during the session, with the curfew ordinance amendment receiving approval. No public comments were heard during this meeting, and one informational presentation was given regarding the police explorers program.

## Attendance

The following members were present at the meeting on April 13, 2017:

• Higgins
• Kay
• Lamb
• Moloney
• Mossotti
• Plomin
• Scutchfield
• Stinnett
• Bledsoe
• F. Brown
• J. Brown
• Evans
• Gibbs
• Henson
• Farmer (arrived late)

No members were recorded as absent from the meeting. Farmer was noted as arriving late to the proceedings.

A total of 15 members were in attendance for this meeting.

## Votes and Decisions

The council conducted two roll call votes during the meeting.

**Motion 0131-17** [timestamp: 03:00] - Councilmember Stinnett moved to amend the curfew ordinance to change the curfew time to 12:00 a.m., with a second from Councilmember Moloney. The motion passed by a narrow margin with 8 ayes and 7 nays.

Voting in favor were:
• Higgins
• Lamb
• Moloney
• Scutchfield
• Stinnett
• Bledsoe
• F. Brown
• Henson

Voting against were:
• Kay
• Mossotti
• Plomin
• J. Brown
• Evans
• Farmer
• Gibbs

**Motion 0225-17** [timestamp: 04:00] - Councilmember Stinnett moved for a zone change for properties on Chair Ave and S. Broadway, with a second from Councilmember Plomin. The motion passed unanimously with 14 ayes and 0 nays.

All council members present voted in favor:
• Higgins
• Kay
• Lamb
• Moloney
• Mossotti
• Plomin
• Scutchfield
• Stinnett
• Bledsoe
• F. Brown
• J. Brown
• Farmer
• Gibbs
• Henson

Both motions were decided by roll call vote with no abstentions recorded for either item.

## Budget and Financial Actions

The meeting addressed two significant financial contracts totaling approximately $490,626.

**LFD Facilities Maintenance Building Phase II** - The board approved contract 0365-17 with Omni Commercial, LLC for $457,783. This contract covers the second phase of facilities maintenance building improvements for the LFD (Local Fire Department).

**Advanced Electronic IED Disablement Training and Equipment** - Contract 0404-17 was approved with Special Electronics, Inc. for $32,843.34. This contract provides specialized training and equipment for advanced electronic improvised explosive device (IED) disablement capabilities.

Both contracts represent investments in critical infrastructure and public safety capabilities, with the facilities maintenance project representing the larger financial commitment at nearly half a million dollars.

## Appointments

The meeting included several appointments to the Bluegrass Crime Stoppers organization.

**Reappointments:**
• Brian Burton was reappointed to Bluegrass Crime Stoppers

**New Appointments:**
• Manlus Burton was appointed to Bluegrass Crime Stoppers
• Mark Thomas was appointed to Bluegrass Crime Stoppers

These appointments reflect the ongoing commitment to maintaining active membership on the Bluegrass Crime Stoppers board, with one member continuing their service through reappointment and two new members joining the organization.

## Contested Items

The council faced one significant contested issue during the April 13, 2017 meeting that resulted in a divided vote among members.

**Curfew Ordinance Amendment**

The primary point of contention involved a proposed amendment to the existing curfew ordinance. Council members debated whether to move the curfew time earlier from 1:00 a.m. to 12:00 a.m. The discussion revealed a sharp division among the 15-member council regarding the appropriate curfew time for the community.

The debate centered on the merits of implementing a stricter curfew schedule, with supporters arguing for the earlier 12:00 a.m. cutoff time while opponents favored maintaining the current 1:00 a.m. curfew. The close nature of the vote reflected the genuine disagreement among council members about the best approach to curfew enforcement.

After deliberation, the council voted 8-7 in favor of adopting the amendment, making 12:00 a.m. the new curfew time. The narrow margin of victory—decided by just one vote—highlighted the contentious nature of this policy change and the difficulty the council faced in reaching consensus on this community safety issue.

The split vote demonstrates that nearly half of the council members had reservations about moving to the earlier curfew time, suggesting ongoing concerns about the impact and necessity of the stricter policy.

## Recognizing the Lexington Division of Police Explorers Post #357

[timestamp: 02:00]

Mayor Gray and Councilmember Mossotti presented agenda item 0411-17 to recognize the achievements of the Lexington Division of Police Explorers Post #357. The presentation resulted in the official declaration of April 13, 2017, as Police Explorer's Post #357 Day in Lexington.

The Police Explorers program provides young people with hands-on experience and education about law enforcement careers. Post #357 represents the local chapter of this national youth development program operated in partnership with the Lexington Division of Police.

During the presentation, Mayor Gray and Councilmember Mossotti highlighted the accomplishments and contributions of the Explorer post members. The recognition ceremony acknowledged the dedication and achievements of the young participants in the program.

The agenda item was informational in nature, serving as a formal acknowledgment of the Police Explorers' work in the community. No debate or concerns were raised during the presentation, as the item focused on celebrating the youth program's positive impact.

The declaration of Police Explorer's Post #357 Day provides official recognition of the program's value to both the participants and the broader Lexington community. This type of proclamation demonstrates the city's support for youth development programs that build connections between young people and public safety professionals.

## Curfew Ordinance Amendment

The council considered Ordinance 0131-17, which proposed amendments to the existing curfew regulations for minors [timestamp: 03:00]. The primary change under discussion involved adjusting the curfew time from 1:00 a.m. to 12:00 a.m.

During the discussion, several council members participated in the debate. Stinnett, Moloney, and Evans were among the key speakers who addressed various aspects of the proposed amendment. Chief Barnard also provided input during the proceedings, likely offering perspective from law enforcement regarding the practical implications of the curfew change.

The council deliberated on moving the curfew time one hour earlier, which would require minors to be off the streets by midnight rather than 1:00 a.m. A formal motion was made to implement this change to 12:00 a.m.

Following the discussion, the council proceeded to a roll call vote on the ordinance amendment. The measure was approved, meaning the new curfew time of 12:00 a.m. for minors will take effect as specified in the ordinance.

The passage of Ordinance 0131-17 represents a modification to the city's approach to juvenile curfew enforcement, establishing midnight as the new cutoff time for minors to be in public spaces without adult supervision.

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## Decisions

- **0131-17** — passed (8-7): Amend curfew ordinance to change curfew time to 12:00 a.m.
- **0225-17** — passed (14-0): Zone change for properties on Chair Ave and S. Broadway

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## Full transcript

And my passion rises high, you're loving me so easy, your wish is my command. Just hold me close and love me, tell me it won't end. Feel so right Feel so right Feel so right You feel so right, baby Thank you. I just won't look And I feel so hot Hot in love With you Oh, oh, I found out how good it feels to have your love. Oh, oh, say you will, will be mine. I'm forever and always Oh, oh, just one look And I knew that you You're my only one I thought I was dreaming But I was wrong But I'm gonna keep on scheming Till I can make you, make you my own So you see I really care Hey, without you, I'm nothing Oh, oh, just one look And I know, oh, oh, I'll get you Someday Oh, oh, oh, just one look That's all it took, hey Just one look That's all it took, wow Just one look That's all it took, baby Just one look That's all it took, baby Just one look That's all it took, just one look That's all it took Come on baby That's all it took She knows every move that a man could make She knows every trick in the book She knows how to give She knows how to take For so many times she's been taken a fool By those alibis and lying eyes And all the best lies Lord knows she's hurt them all She's been cheated on and pushed around and left alone Lord knows what I put through And boy, you can bet Yeah, from who can be made She knows how to make one And it's actually very hard to say And we're living here in Alatow Love will abide Take things in stride Sounds like good advice But there's no one in my side And time washes clean Love's wounds unseen That's what someone told me But I don't know what it means Cause I've done everything I know To try and make you mine And I think I'm gonna love you For a long, long time Caught in my fears Thinking about the tears I can't say you hurt me And you never let me nearer And I never drew One response from you All the world you felt All of the girls you never knew Because I've done everything I know To try and make you mine And I think it's gonna hurt me For a long, long time Thank you. Thank you. Thank you. Thank you. Thank you. We'll be right back. Thank you. Thank you. Good evening, everybody. I'll call the meeting to order, the meeting of the council. And we will begin tonight with, as we always do, with a roll call. Madam Clerk, please call the roll. Ms. Higgins. Vice Mayor Kaye. Here. Ms. Lamb. Yes, here. Mr. Maloney. Ms. Massadi. Here. Ms. Plowman. Here. Ms. Gutchfield. Here. Mr. Stennett. Yes, ma'am. Ms. Bledsoe. Yes, ma'am. Mr. Fred Brown? Here. Mr. James Brown? Here. Ms. Evans? Here. Mr. Farmer? Mr. Gibbs? Here. Ms. Henson? Here. Thank you, Madam Clerk. Our invocation tonight is being offered by Laura Babbage, who is chaplain at the University of Kentucky Medical Center and who is a real inspiration to all of us. and she is the guest who's been invited by Councilmember Plowman and Kathy asked if she could have a few words of introduction as well. So, Councilmember Plowman. Thank you, Mayor. It is our privilege tonight to have Chaplain Laura Babbage with us. Like the Mayor said, she is an inspiration. She's a very inspirational speaker because we've all heard her at different venues in our town. But one thing I wanted to add as to why it's such an opportunity to have her with us And about eight months ago, many of you know this in their community, Laura was in France, and she was on a bike trip with her youngest son, her and Bob's youngest son, Brian. And she had just a very, very serious accident. She was flown to Grenoble, where she stayed for a few weeks, a few days, and then we got her back. She came back to Lexington to the U.K. Medical Center. and is a result of a lot of prayers from thousands of our community members in the state, all over the country. But with her perseverance, her I can do it attitude, Laura is here with us today and she will share her inspiration with us. And thank you, Laura, for being here. Chaplain Laura Babbage. Thank you. Thank you so much, Mayor, Kathy, Council. I am honored to be here. Please join me in prayer as you are able. Let me begin by saying that I have prayed for each of you by name in the last several weeks. Each day in my prayer I have spoken your names aloud and prayed for you and your families that you will be inspired and strengthened to make good decisions for your families and our community. I know I have been the recipient of many of your good thoughts and prayers after my cycling accident and it has truly made a difference in my life I am here tonight in part to thank you and our amazing community for your prayers for my family and for me and so I say thank you I invite you now to close your eyes if you're comfortable and take a deep breath in and out, breathing in all that is good and holy and helpful. and breathing out the stress, anxiety, concerns, anything you brought here tonight that could cause an impediment between you and the holy. We know that our preparation for prayer is prayer itself, and so I invite you now to take another deep breath in and out. Loving and faithful God, thank you for our dedicated mayor, council members, staff, and all those here tonight. We know that you have endowed each with gifts and blessings. We ask now that you continue to strengthen all those who possess power and influence, that they may avoid the sin of indifference. embolden them even more to use their gifts and talents for the work that needs doing continue to fill their hands and hearts with every good gift we ask this in your holy name Amen Amen Thank you Thank you so much, Laura and Bob. Welcome to you as well, sir. I often say now when we have guests for invocation, we invite you to stay, but please don't fill the obligation. Thank you all. Next on our agenda is minutes of the previous meeting, and I'll ask for a motion to approve. Is there a motion to approve? Second. Motion by Council Member Scotchfield, second by Council Member Farmer. Is there any discussion on the motion? Council Member Lamb. Mayor, sorry about that. I was trying to keep mindful. I wanted to amend the motion to postpone the approval of the January 19, 2017 zone change meeting minutes until the 27th so that some corrections can be made on that. I so move. Second. All right, motion to postpone the, this is a motion to amend the original motion. All right, so a motion to amend by Council Member Lamb, second by Council Member Farmer. Is there any discussion on the motion to amend to remove the January 19th zone change meetings? Mayor. Council Member Stennett. Thank you, Mayor. I would just add, along with Council Member Lamb, in those minutes, I think a change in policy has occurred, and I'm not sure when it happened, but when we vote on electronic vote and someone doesn't push, a council member doesn't push yes or no, it's being recorded as we didn't vote. And I think that's very different from how we voted in the past. So we need to correct those minutes and go back and make sure we reflect whether the council member actually voted by how they voted orally because there's not a requirement to actually have to push yes or no. The clerk usually does it, and then during committee meetings, our administrator does it, and we don't need to call a vote until we make sure everyone's chimed in. if that's going to be the case. So if we can make sure we correct that going forward, that would be great. Clerk, you got that? I'll make a note of this comment and I'll discuss it with Martha. All right. Any further discussion on the motion to amend? All right. If not, then we can vote. All in favor, please say aye. Aye. Opposed, no. The motion carries. All right. Back to the original motion. Is there any further discussion on the original motion? All right. If not, then we can vote all in favor. Please indicate by saying aye. Aye. Opposed, no. Motion carries. Motion as amended carries. All right. Next we have a presentation and have a number of guests. I'm going to ask Council Member Massati to join me at the podium. How are you? Cheesecake, I see. That would have to fortify us with this. All right. Councilman Massadi and I, we want to invite all the explorers from Post 357 who are at the back of the chambers to come up front, to the front of the chambers, please. You can carry a stick that's similar, but they don't use it at the same time. Y'all are very impressive. Sorry. We have a lot of smiling members of our police department in the back, including the chief. Back in February, the Lexington Division of Police, explorers from Post 357 here in Lexington, and went to Gatlinburg, Tennessee to be a part of the world's largest competition for law enforcement and fire service explorers. These explorers competed and performed really well in several categories, making us all very proud. We're excited to announce tonight that they came back home with the first place award in the Class A uniform inspection and in the officer down scenario. That's a really big deal. Let's give them a big hand. So before I ask Council Member Massadi to offer some remarks, I want to congratulate all of these explorers, and we would like to honor them tonight with a proclamation which I'm going to read. It says, Whereas the Lexington Division of Police Explorers Post 357 recently attended the Boy Scouts, of America Winterfest, the largest gathering of Boy Scouts ages 14 and over in the United States, and whereas more than 3,000 young people participated in this weekend of fun and friendly competition, and whereas Post 357 earned first place in the officer down scenario and in the Class A uniform inspection, now therefore I, Jim Gray, as Mayor of Lexington, do hereby declare April 13, 2017, as Lexington Division of Police Explorers post 357 day in Lexington. Congratulations to you all. Now, thank you. Council Member Massadi. Thank you, Mayor. You can see why these young men and women got the award for the best Class A uniform inspection. You're a great-looking group, and congratulations. I know that you were very excited to win first place in both of those different events, We just want to say again congratulations to you. Great honor. Glad you're here. It's a terrific award and well deserved. Thank you. Alright, let's take some pictures. If you all will pull back toward the... Thank you. Thank you. Thank you all again for joining us. Is it working? Is it working? All right. I'm going to call on Council Member Stennett for a motion. Council Member Stennett. Thank you, Mayor. Council Members, as you know, tonight we had planned a public hearing in regards to the ED Zota text amendment at the request of the owners, and that was the reason why we were scheduling the public hearing so they can express concerns and or possible changes to the ordinance. The owners, planning staff, and other interested parties have been working diligently to come up with an agreeable solution that could also be presented to council in lieu of what's on our docket tonight. So in a spirit of giving them the opportunity to get that accomplished, we're not required to have a public hearing on this matter, So I'll make a motion to cancel tonight's public hearing and move the second reading of Ordinance 1081-16, an ordinance amending Article 23A-10 of the zoning ordinance to allow for new land uses within the expansion area, to the April 27th council meeting at 6 p.m. So moved. Motion by Council Member Stenet, seconded by Council Member Henson. Is there any discussion on the motion, Vice Mayor Kay? Thank you. Mayor, since some of us on council have not seen this motion, Council Member Stinnard, if you would explain what has changed. You made the original motion to have a hearing, and now you don't want to have a public hearing. Can you just kind of fill us in? Yeah, as I said in my comments, the owners of the land, of the two ED zones, the planning staff and other parties have been working behind the scenes to try to come up with something that they all could live with and present to council as it regards to the uses of the ED zone. So the owners are requesting postponement along with planning staff so they can continue that work and have something to council within the next couple weeks. The public hearing was in response to the owners of the land asking to comment to council as well as other folks in regards to what the Planning Commission approved. But they're working behind the scenes, and they ask for another couple weeks. Thank you, Mayor. Thank you. All right. Thank you, Vice Mayor. Any further discussion on the motion? All right. If not, then we can vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. Thank you, Mayor. All right. Thank you. We can now move on to ordinances for a second reading. Madam Clerk, if you'll please give us a second reading of ordinances. Ordinance number one, an ordinance amending the classified civil service authorized strength by abolishing two positions of project manager senior grade 519E and creating two positions of project manager... Madam Clerk, let me help. It's really hard to hear you. Can you... Is that better? Pull the microphone up closer. Thank you. I'll start that over. Thank you. 45Net, .79 gross acres for properties located at 411 Chair Avenue and 410 DeRude Street and 603, 607, 615, 617 and 619 South Broadway. Bernard Jeffrey and Patricia M. Queen amended Council District 3. Item 3, an ordinance amending Section 1437 of the Code of Ordinances of the Lexington Theater and County Government relating to curfew for minors amending definitions of minor, remain and allow, amending curfew time to 1 o'clock a.m. for all days and deleting exceptions for reasonable necessity, sidewalk adjacent residents inside a motor vehicle and homeless youth. Item 4, an ordinance changing the zone from a high-density apartment R4 is going to a high-rise up. Hold on, Mayor. This is on item 3. All right. Council Member Stenner. Thank you, Mayor. I know this is the curfew ordinance as it's being asked to amend all days of the week until 1 a.m. In this ordinance, as it's written, it allows for an hour at the end of curfew if a child is involved. Again, we're talking about folks under the age of 18. If they're involved in school activities or work, they still have an hour by the time they either are finished with that school activity or work to get home. So my concern is the 1 a.m. I don't think it's necessary in any child. We're talking 17 and under. Out on our public streets. It doesn't say they can't go to a friend's house. It just says public streets to 1 a.m. is just unacceptable and unreasonable. So I will make a motion to amend the 1 a.m. time for curfew to midnight, 12 a.m., I guess it would be in this case. So moved. Second. All right. A motion by Council Member Stennett to amend number three. And the second was by Council Member Maloney. All right. Is there any discussion on the motion? Yes. Council Member Evans? All right. Council Member. Council Member Hanson. Thank you, Mayor. So, Council Member Stennett, you said that if the curfew is at midnight and they're involved in an activity or work, they still have an hour? From the time that school activity ends or that their work ends, they would still have an hour to get home and not be involved in the curfew. Okay. Regardless of what we said at 1 a.m. I don't want to legislate the good kids, and I don't want to legislate parenting, because we could set perimeters around the age of a child, but I'll support your motion. Thank you. Councilman Maloney. Thank you. I support the motion even though I have a problem when you have 8 year olds, 9 year olds 10 year olds that can still stay out until 1 o'clock out there and personally I don't feel comfortable with them out at 12 o'clock but I will support this motion but just to realize everybody this is not for 17 year olds this is for 8, 9, 10 5, whatever if they're out there and you pass at the 1 o'clock and you're sitting with a 5-year-old or 6-7-year-old kid out there playing around or 9-year-old or 10-year-old, they're not breaking the law because their curfew don't until 1 o'clock. So I still think we, I'm still and I understand the work. I think what Council Member Stenner said about the work, I think it takes care of everybody's needs. But 1 o'clock is just ridiculous. So I'm going to support this motion too. Council Member Evans. I won't support the motion. Oh, heavens. This is loud. It's my understanding that on the weekend, we had a curfew or still have a curfew of 1 a.m. So that curfew is already on the books. so now we're going back to the problem that our own officers were talking about was switching or perhaps switching the days and now I don't understand I feel like this is going backwards when 1am was already on the books for a time so if we felt that it was a decent time for all these years it's been in place why we're backtracking it now and I think we've lost some common sense in this scenario I can't think of any police officer that would not at least go to a 9-year-old or a 10-year-old who's on the street at 10 a.m. by themselves and question what's going on. I mean, we have a police force that does care, and I just can't imagine that happening or not happening, that they wouldn't be concerned about a child that's just randomly out there. And again, 1 a.m. is what we've already had, so we're actually trying to make it easier for the officers to enforce that. And again, let's go back to this is just one tool in a toolbox that we have. This is not going to solve the problem. It's just one more thing that can be used to educate neighbors and parents as well. But when we had a committee that went through this and had those discussions and came out with, well, let's just at least make it easier for officers to have one time to enforce Monday through Sunday, I don't understand why we're trying to go backwards just because we think the bad kids are going to be out there. And I would all do respect, Council Member Henson, I kind of resent that term. that you don't know what kids are out there. Just because a kid is out past curfew does not make them a bad child. It doesn't mean that they're up to no good. You don't know why they're out there. So I think we're putting our own personal stereotypes into this, and I think 1 a.m. was the number, the time that came out of committee. I think we should keep it that way just for the sake of an equal enforcement every day of the week. Thank you. Thank you, Council Member Evans. Council Member Massadi. Thank you, Mayor. Chief Barnard, would you mind coming to the podium, please? Yes, sir. Yeah. That was the request. Yes, ma'am. Thank you. We had this discussion before, and I specifically asked you the questions about the different times. And you said consistency was an issue, and you felt you could support this, and now we're changing our minds here. So I want to hear what you have to say about this, your response. I appreciate that. Consistency is what we talked about. The ordinance previously had hours that were very difficult for the officers to go back and for the people in the public to understand. consistency, whatever time we're selecting is the hours that we're looking for. So it's not Monday night versus Saturday night versus a Sunday night. Because those nights sometimes aren't just on weekends, it could be spring break week. And so you might have the same events occurring that would happen on a Friday or Saturday night on a Monday night. I see this ordinance mostly being used as a tool. Something that we would go out and use as complaint driven. We are experiencing a high number of stolen vehicles now with juveniles in them where they are running from us. They let the vehicles roll off and strike a building or strike another vehicle. Then we end up getting in a foot pursuit. And this would be another way of documenting and allowing the county attorney's office to put someone in touch with that parent and saying your child was involved in some type of activity and was out past the curfew. So when I'm looking at the ordinance that you all are providing us, I look at it as a way, as another tool and a belt that the officers can use in helping identifying people that are out past the times that you all designate. Whether it's 12 or whether it's 1, the important thing for us is consistency. And quite honestly, between that hour that you all are discerning for us, most of the things happen usually after those times anyway, 11 o'clock. And I understand what Council Member Stinnett is saying, but 12 o'clock versus 1 o'clock, it may not be on a weekend. So if we have spring break or during the summer, kids are in school. And 1 o'clock in the morning at a school night is pretty late. But in the summertime, what we see with the activity when kids aren't in school and they're not at other activities, it is something they're out. So for us, whatever time you all select and go through, as long as it's consistent for us, consistent for the officers, we'll utilize it. The bait going back and forth on the time, I think everybody has. My parents always said nothing good happened after 12. Growing up in my career, most of that I've seen. But times change and kids are out later. But most of the young juvenile crime that we're encountering now is later on in the evening. And most of the things, I promise you, most of the things that we're encountering are probably at 2 o'clock, 4 o'clock in the morning. So it depends how you're framing this. If you want to frame it for the criminal activity that's really occurring or if you're using it for a deterrence for kids that may be going out later on. Like my kids, they'll yell at me for saying this, but they snuck out of the house too. So I use that as a deterrence against them. So that happens. So it depends how you want to frame the ordinance. Well, I don't dispute the necessity of the ordinance at all. But now we're changing times. And so I want your professional opinion on the peak time that you feel this ordinance would best serve. I mean, I know it's summer coming. The kids are going to be out later. There's no question about that. I think if I was being very conservative about it, I would pick 12, and that would give us some lead way. And being able to look at it if it's 12, 30, or 1 o'clock, that gives us the officer's lead way. Honestly, if it's 12 and we have someone with that time frame, that's a discretion to get hold of the parent. And if that child's involved in some type of criminal behavior, it allows us to take an action. So that would work for us either way. You're not helping me here. I'm just trying to think, as I said, with summer coming, and I'm thinking 1 o'clock because kids are out late, they work late. Is it more advantageous to have it a little bit later than rather earlier just because of summer months? I'm not going to get, you're not going to get council members in trouble. I'm just trying to, well, we've gone back and forth on this. I'm trying to be honest with you and say, if we have a young adult, 17 years old, leaving work, that is not, and the curfew is at 12, and we encounter that young adult at 17 and said, look, I'm leaving work right now. I'm working and trying to get home, and I've been earning a paycheck. That's not someone we want to introduce into criminal justice apparatus. Exactly. So I think our officers are good enough with that discretion that even if you make it at 12, we're going to understand that this ordinance is a deterrence to make sure that young people aren't out doing things they're not supposed to be doing. I think that's what you are looking at. I get it. I understand it completely. I'm just trying to determine, like everyone else is, what's the best time, what's the most effective time for you and your police officers, in your judgment? I would say if the ordinance, and I'm just trying to piece it together right now, it's kind of on the spot, but if you make it at 12, it gives us a lead way to say something's going on at 1 o'clock. They can use that discretion. If you make it 1 o'clock, I don't have any lead way to deal with that child that's 12 o'clock that's out doing something. So I don't know if I can provide better guidance on that. I can just give you the examples that we're looking at and what we're faced with. I just thought maybe based upon experience, there was a time that you'd say, this is a peak. And we get most of our, as you're saying, most of your problems are happening after 2 a.m. in the morning, not between 12 and 1. The criminal activity is after 2 in the morning. So is this, pardon me? All right. If this uses a deterrent. So I guess it's all a matter of interpretation. Yes. Yes. All right. Thank you. Council Member James Brown. Thank you, Mayor. I think I understand what Council Member Stenet's going for with the amendment to this ordinance, but I think that this topic of conversation has come up in several neighborhood meetings, and there's a lot of neighborhoods that are concerned about it, and we've talked through the scenarios, and they seem to think that 1 o'clock is a good definitive time to give our officers a tool or the opportunity to engage young people that could be out for whatever reason at that time of the night. I think if we roll it back to 12 and give some flexibility, I think that's where we could get into some situations where questionable enforcement across our city could be construed about this ordinance. So I would support keeping it at 1 o'clock as a time for one, you know, Council Member Brown and his work with the committee and the group that he convened to look at this issue, that's what they came up with. I know they worked through various scenarios, talked to law enforcement, and they suggested 1 a.m. So I'm in support of keeping it at 1 a.m. And Council Member Brown, do you have anything that you want to say say about the time that y'all chose and the reasons why. Well, I guess not. But I support their recommendation with keeping it at 1 a.m. All right. Okay. Thank you, Council Member Brown and Council Member Brown. Vice Mayor Kaye. Thank you, Mayor. I'm going to agree with Council Member James Brown. This was vetted extensively, and we had an extensive conversation about it in committee. I went back and forth on the time. I am concerned that we not create a situation where we're essentially saying to young people who are out there for good reasons, reasonable reasons, just outside, that they are subject to criminal prosecution for being out after midnight. I think it's too severe. The chief has said that if they're causing trouble, it's more often going to be even later than that. If they are causing trouble before then, they're subject to the law whether there's a curfew or not. The curfew sets kind of a minimum. And I think it kind of sends the wrong message, I think, to our young people. It says you're not responsible. and we have to kind of institute a more restrictive policy for young folks. So I kind of understand what the concerns are and why the amendment was offered, but I'm going to be voting no. Thank you, Mayor. Thank you, Vice Mayor. Before I call on Council Member Scotchfield, I've got an event that I need to attend on behalf of the city and I'll be turning the chair over to Vice Mayor. Council Member Scotchfield. Thank you, Mayor. The whole reason we brought up this issue was because of a rash of violence with our youth. Several of our youth being shot, killed, several incidences that affected our young people. I don't think we go far enough. Chief, if I can ask you a question real quick. I mean, all this does is you can pick them up and take them home, correct? Can we actually give them a citation and is there something with that? Actually, you can't cite the juvenile. You have to cite the parent. And so we'll have to take the child back to the parent and cite the parent because you can't criminalize the curfew because it's not a criminalization offense. So actually we would take the child back to the parent and then cite the parent. Okay, and I guess my biggest concern is I don't think we go far enough with this. We're trying to protect our youth, our 10-year-olds, our 12-year-olds, our 16-year-olds. And what we're doing is saying, oh, well, we want to be consistent. That's fine. 12 o'clock, 11 o'clock. I think there's nothing good that's going on later. and what we want to do is have the ability to tell our kids, we want you all to be safe. We didn't change this ordinance at all, really. What we've done is made it during the week 12 o'clock, and during the week 1 o'clock, we actually went later as it's done, and on the weekends stayed the same. So we can give ourselves a pat on the back and say we're doing things for our kids, but we haven't changed this. We haven't done anything. We're not protecting our kids. We're not taking it that extra step. I'll support the amendment because at least it's something. But the kids that have good parents are not the ones. The kids that have parents that are watching out for their kids and know where they are are not the ones. We have to protect the other kids that the parents aren't watching out for. Thank you. Thank you. Can I ask Councilman, is there anybody else signed in to speak to this amendment? Everybody else who signed in? You're waiting for another issue. Is that correct? I want to clear these out. I'm sorry. I've got... Okay. It's nobody else signed up to speak. then I'll call a vote to amend ordinance number three to change, as I understand it, the curfew time from 1 a.m. to midnight. And Madam Clerk, if you would call the roll, please. Ms. Higgins? Yes. Vice Mayor Kay? No. Ms. Lamb? Yes. Mr. Maloney? Yes. Ms. Massadi? No. I'm sorry, Ms. No. Ms. Plumman? No. Ms. Gutchfield? Yes. Mr. Sinnott? Yes, ma'am. Ms. Blensoe? Yes. Mr. Fred Brown? Yes. Mr. James Brown? No. Ms. Evans? No. Mr. Farmer? No, ma'am. Mr. Gibbs? No. And Ms. Henson? Yes. There are two votes not recorded. We have them all. That vote reflects passage of the amendment. That brings us back to the original motion. Any further discussion of the motion now as amended? I'm sorry, could you clear, when people have spoken, can you clear their names so that I know who is still waiting to speak? I can clear some of them. Let me just take a second here. It's not deleting. Okay. Does anybody wish to speak to the motion as amended? Vice Mayor, I'm not sure what you mean. Is the motion as amended? We just amended the ordinance that was on the docket. I'm sorry. The ordinance as amended. Okay. All right. Is there any further discussion? If not, then we don't need a vote at this time. Is that, we just. I guess we would need to ask the law department if that requires a new first reading. Changing the time to 12. No, sorry. No. That's not a material change. Not a material, so it can, it does not require a new first reading and stays on the docket as a second reading. Sorry. So she would just continue finishing the second readings and then we vote now. Thank you. Madam Clerk, begin with, resume with number four. Thank you. Yes, sir. Item four, an ordinance changing the zone from a high density apartment R4 zone to a high rise apartment R5 zone for 0.93 net 1.02 gross acres for property located at 238-3480 S. Maxwell Street, Kappa Kappa Gamma Incorporated, Council District 3. Item five, an ordinance changing the zone from a light industrial I1 zone to a professional office P1 zone for 25.50 net, 29.22 gross acres for property located at 740 West New Circle Road, a portion of and from an agricultural urban AU zone to a professional office P1 zone for 4.56 net and gross acres of property located at 1180 Newtown Pike, a portion of Lex Market International Incorporated Council District 1. I can read it. again. It has to happen at 12 o'clock time. Okay. At the direction of law, I'm going to reread ordinance number three. I would like a clarification. Should it say 12 o'clock a.m. or midnight? 12 o'clock a.m. 12 o'clock a.m.? Thank you. Ordinance number three in ordinance demanding section 1437 of the code of ordinances of the Lexington-Faderman County government relating to curfew for minors amending the definition of minor remain and allow, amending the curfew time to 12 o'clock a.m. for all days and deleting exceptions for reasonable necessity, sidewalk adjacent residents, inside a motor vehicle, and homeless youth. I don't remember if I read number five, so I'm going to read it again. I apologize. Number five, an ordinance changing the zone from a line industrial line 1 zone to a professional office P1 zone for 25.5 net, 29.22 gross acres, for property located at 740 West Newstir, Corridor, portion of it from an agricultural, urban, AU zone to professional office P1, zone for 4.56 net and gross acres of property located on 1180 Newtown Pike, portion of Lexington International Incorporated, Council District 1. Item 6, an ordinance of changing the zone from an expansionary residential EAR1, zone 2, and expansionary residential EAR2 zone for 12.32 net, 12.51 gross acres for property located at 425 Childsburg Road, Anderson Bridgewater, LLC, Council District 7. Item 7, an ordinance of ending certain of the budget selects and favor of the county government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds. Schedule number 42. Item 8, an ordinance demanding certain of the budget to the Lexington Bay and Irma County Government to reflect current requirements for funds in the amount of $30,000 in the Division of Parks and Recreation from the Council Projects Fund for improvements to Woodland Park and appropriating and reappropriating funds. Schedule number 43. Item 9, an ordinance demanding certain of the budget to the Lexington Bay and Irma County Government to reflect current requirements for funds in the amount of $1,684 in the Division of Family Services from the Council Projects Funds for signs, plant markers, events, and information holders for a butterfly garden and appropriating and reappropriating funds. Schedule number 44. Thank you, Madam Clerk. Is there a motion to approve? Second. I have a motion to approve and a second discussion on the motion. Councilman Behenson. Thank you, Vice Mayor. I move to separate the second reading of Ordinance 0131-17 from the rest of the ordinances for a separate reading. Second. I have a motion and a second to separate Ordinance No. 30131-17. Discussion on the motion? Seeing none, all in favor, please say aye. Aye. Any opposed? No. That motion carries. Clerk, call the roll for all but number three. We'll call the roll separately. Can I get the mover and seconder on the motion, please, sir? The motion was to separate... I'm sorry, yes, the motion to approve the ordinances. The motion by Council Member Hanson, second by Council Member Farmer. Thank you, sir. On all ordinances except item 3, Ms. Higgins. Vice Mayor Kay? Yes. Ms. Lamb? I would like to know clarification. Which one are we voting on right now? All but number three. Thank you for the clarification. Yes. Mr. Maloney? Yes. Ms. Massadi? Yes. Ms. Ploman? Yes. Ms. Gutchfield? Yes. Mr. Stinnett? Yes, ma'am. Ms. Bledsoe? Yes. Mr. Fred Brown? Yes. Mr. James Brown? Yes. Ms. Evans? Precuse on two, an employer represents the requester, and yes on the rest. Mr. Farmer? Yes, ma'am. Mr. Gibbs? Yes. And Ms. Henson? Yes. Thank you. That vote reflects passage of the motion. And now the vote if you will call the roll for item number three, ordinance number three. Ms. Higgins? Vice Mayor Kay? No. Ms. Lamb? Yes. Mr. Maloney? Yes. Ms. Massadi? No. Ms. Ploman? Yes. Ms. Gutchfield? Yes. Mr. Sinnott? Yes, I'm awesome. Ms. Bledsoe? Yes. Mr. Fred Brown? Yes. Mr. James Brown? Yes. Ms. Evans? No. Mr. Farmer? No. Mr. Gibbs? No. And Ms. Henson? Yes. Thank you. That vote reflects passage of the motion. That would allow us to move on to ordinances for a first read whenever you're ready, Madam Clerk. Ordinance number 10, an ordinance establishing a local economic development and infill incentive program to be known as the Public Infrastructure Program and providing for its purpose the creation of the Public Infrastructure Program Board Program Fund protections, priorities, limitations, criteria, and application process, administration by the Commissioner of Planning, Preservation, and Development and Program Fund, all effective upon date of passage. I understand there's a motion on item 11. Thank you. I believe we have a motion on number 11. Council Member Stenet. Thank you Vice Mayor. I move to amend ordinance number 11 under first reading of ordinances to add an additional budget amendment in the amount of $203,800.41 for the Eastland Roll Call Center furniture for the Division of Police, Schedule number 45. The funding is from a portion of the revenues received from the sale of the industrial or industry road property. So moved. The motion by Council Member Stinnett. Is there a second? Second. Second by Council Member Henson. Any discussion on the motion? Seeing none, all in favor please say aye. Any opposed? The motion carries. Then proceed with the reading of number 11 as amended. Ordinance number 11 as amended. funds in the amount of $65,796 in the Division of Parks and Recreation from the Council Projects Fund for foul ball protection shade at Shelltoe Park Baseball Fields and appropriating and reappropriating funds, Schedule No. 47. Item 14, an ordinance demanding certain of the budget selects and fade and recoding government to reflect current requirements for funds in the amount of $92,500 in the Division of Streets and Roads from the Council Projects Funds for curb replacement around the medians at Mentel Park and appropriating and reappropriating funds, Schedule No. 48. Item 15, an ordinance demanding subsections 2B9A of the Code of Ordinances of the Lexington-Banderman County Government to remove the word subsequent, amending subsections 1014.1E8 of the Code to reference Chapter 12 of the Code amending subsections 14105C and D of the Code to provide for an assigned hearing officer in the civil enforcement process as to run subcitations, administrative hearings, and appeals as provided in Chapter 2B of the Code, deleting subsections 14105E and F of the Code in their entirety, renumbering subsections 14105G and A to the Code to subsections 14105E and F of the Code and amending the civil fines for a first violation to $100, of a second violation of $250, and of a third or subsequent violation of $500 to reference the correct code sections amending subsection 168E and 168G of the code to reference state law. In chapters 12 and 2B of the code amending subsection 17148B of the code to provide for appeals with citations to an assigned hearing officer seven days to appeal, and to reference chapter 2B of the code amending subsection 17152C of the code to provide for the filing of a lien in seven days if not appealed and to reference chapter 2B of the code all effect upon date of passage. Item 16, an ordinance amending ordinance number 160-2014 relating to the Economic Development and Investment Board to allow the Chairman of the Urban County Council's Budget, Finance, and Economic Development Committee to designate a replacement from that committee to serve in his or her place, to reflect the current number of members appointed by the Mayor, and to remove members of the Lexington Industrial Foundation from consideration for Board membership. Item 17, an ordinance amending the classified civil service authorized by abolishing one vacant position of traffic engineer, grade 522E, and creating one position of ITS engineer, Grade 523E in the Division of Traffic Engineering, effective upon passage of counsel. Item 18, an ordinance in classified civil service authorized strength by abolishing one vacant position of electrical instrumentation technician, Grade 516N, one vacant position of landfill inspector, Grade 519N, one vacant position of operations manager, Grade 520E, and creating three positions of administrative specialist, Grade 513N, one position of public service worker, Grade 507N, and one position of staff assistant senior, Grade 510N, all in the Division of Waste Management, effective upon passage of counsel. Item 19, an ordinance amending section 1 of ordinance number 205-2016, which established the scheduled meetings for the Lexington Family and Family Council for the calendar year 2017 to add committee of the whole meetings on May 25th at 2 o'clock p.m. and June 6th at 9 o'clock a.m. and to change the time of the Budget, Finance and Economic Development Committee meeting on May 23rd from 1 o'clock p.m. to 10 o'clock a.m. Thank you. Are there any motions for walk-ons? Any motions for suspensions of the rules? Seeing none, that allows us to move to resolutions for first reading. Madam Clerk, as soon as you're ready. Yes, sir. Resolution number 1, resolution of Casey Burke, DBA, Casey's Custom Mowing, Edgington Mowing Services Incorporated, Green Solutions Land Care LLC, Judy Combs, DBA Landscape Supply and Design, McGee Springs Incorporated, Mow Edgeville Lawn Service LLC, Rides Home Improvement and Mowing LLC, and Simple Image LLC establishing price contracts for mowing for the Division of Environmental Services. Item 2, a resolution accepting the bid of Chemtree Incorporated Establishing Price Contract for manhole odor control chemicals and containment delivery systems for the Division of Water Quality. Item 3, a resolution accepting the bid of Bulk Plants Incorporated Establishing Price Contract for bulk fuel for the Division of Facilities and Fleet Management. Item 4, a resolution accepting the bid of Anderson Mulch and Soil LLC and Countryside Play Structures LLC Establishing Price Contracts for Wood Fiber Safety Service for the Division of Parks and Recreation. Item 5, a resolution accepting the bid of Omni Commercial LLC the amount of $457,783 for LFD facilities maintenance building phase 2 for the Division of Fire and Emergency Services. Item 6, a resolution accepting the bid of Ken Isaacs Interiors Incorporated establishing a price contract for flooring installation for the Division of Facilities and Fleet Management. Item 7, a resolution accepting the bid of Wesley Pruitt DBA Pruitt Farms in the amount of $2,000 per year for the leasing of farmland West Hickman Wastewater Treatment Plant. B, and hereby is accepted and approved by the Mayor on behalf of the Urban County Government. B, and hereby is authorized and directed to exceed any necessary agreement with Wesley Pruitt related to the bid. Item 8, a resolution accepting the bids of ICSGL Suppliers Incorporated and MTJ American LLC establishing price contracts for mattresses for the Division of Community Corrections. Item 9, a resolution accepting the bid of First Response Technologies LLC establishing price contract for vehicle equipment installation for the Division of Police. Item 10, a resolution accepting the bid of Trinity Services Group Incorporated establishing a price contract for commissary services for the Division of Community Corrections. Item 11, a resolution accepting the bid of Special Electronics Incorporated in the amount of $32,843.34 for advanced electronic IED Disablement Training and Related Equipment for the Division of Facilities and Fleet Management and also establishing a price contract for related equipment and services. Item 12, a resolution of modifying the probationary classified civil service appointments of Christopher Dorge, Systems Administrator, Enterprise Solutions, Grade 523E, 2618.88, biweekly. In the Division of Enterprise Solutions, Rodney Guy, 18.674, hourly. And Stephen Beatty, 16.715, hourly. Both resource recovery operator, Grade 513. And in the Division of Waste Management, all effective April 17, 2017, Ashley Cavendish, Telecommunicator Senior, Grade 517N, 20.747 hourly, in the Division of Emergency Management, 911. Effective May 1, 2017, Rose Jelly Public Service Supervisor, Grade 514N, 19.637 hourly, in the Division of Facilities and Fleet Management. Claire McBride, Telecommunicator Senior, Grade 517N, 20.318 hourly, in the Division of Emergency Management, 911. Both effective April 17, 2017, and Brian Travis, Life Skills Program Specialist, Grade 515N, 18.740 hourly, in the Division of Community Corrections. Effective April 24, 2017, ratifying the permanent civil service appointments of Richard Dugas, Environmental Program Manager, Energy, Grade 522E, 2269.20 bi-weekly in the Division of Environmental Services, effective March 6, 2017, Frank White II, Heavy Equipment Mechanic, Grade 516 and 21214, hourly, effective April 17, 2017, and Tamara Hernandez-Serrano, Public Service Worker, Grade 507N, 30.357, hourly, effective March 19, 2017, both in the Division of Facilities and Fleet Management, Christopher Bronschick, Planner, Grade 517N, 517N, and Autumn Midgett-Goderwiss, Planner Senior, Grade 521N, 25.581 hourly, both in the Division of Planning, effective April 3, 2017. And Michelle Franzetti, Special Events Service Manager, Grade 518E, 1845.31 bi-weekly, effective March 6, 2017. And Heath Jackson, Public Service Worker, Grade 507N, 30.68 hourly, effective April 10, 2017, both in the Division of Parks and Recreation, ratifying the probationary sworn appointments of Joseph Price, Chad Donahue, and Andrew Colgan, all corrections sergeants, Grade 112 2N, 23.937 hourly, Jacob Crawford and Melana Trowell, both corrections lieutenant, grade 114E, 2289.23Y weekly, all in the Division of Community Corrections at Brandon Helm, Police Sergeant, grade 315N, 30.538 hourly, in the Division of Police, all effective April 17, 2017, ratifying the unclassified civil service appointment of Kevin LeBest, Project Engineering Coordinator, grade 525E, 2401.52, biweekly, in the Division of Water Quality, effective March 20, 2017, ratifying the following unclassified civil service pay increase in the Office of the Urban County Council, Teresa Grider, Budget Analyst Senior, Grade 521E, from 2642.80 biweekly to 2774.94 biweekly in the Office of the Urban County Council, effective April 3, 2017, and ratifying the approved council leave of Destiny Rickman, Community Corrections Officer, Recruit, Grade 109N in the Division of Community Corrections, beginning April 5, 2017, through July 3, 2017. Item 13, a resolution authorized in the Division of Human Resources to make a conditional offer to the following probationary classified civil service appointments. Christopher Kirkland, Technical Specialist, Grade 515N, 19.150, hourly. in the Division of Computer Services, effective April 24, 2017. Joshua Dizarn, Municipal Engineer, Grade 525E, 2589.12 biweekly in the Division of Engineering, effective May 8, 2017. Clifton Stone, 18.665 hourly. William Rambord, 18.233 hourly. And Latonya McLean, 17.662 hourly, all resource recovery operator, Grade 513N in the Division of Waste Management. Scott Jeffries, treatment plant operator, Grade 515N, 20.578 hourly in the Division of Water Quality, all effective April 24, 2017. Gary Sennett, Technical Services Supervisor, Grade 521E, 2206. 16, biweekly in the Division of Police, effective upon patch of council, Alan Brady, 20.420, hourly, and Jordan Maynard, 21.537, hourly, both building inspector, grade 517N, in the Division of Building Inspection, effective April 24, 2017, and Matthew Burton, heavy equipment technician, grade 516N, 19.836, hourly in the Division of Facilities and Fleet Management, all effective April 24, 2017, authorizing the Division of Human Resources to make a conditional offer to the following unclassified civil service appointment. Melissa Martin, victims advocate, bilingual, grade 514N, 18.589 hourly in the Division of Police, effective upon passage of council. Item 14, a resolution authorized the Mayor on behalf of the County Government to execute agreements with the Lexington Community Radio $1,400. Lexington Leadership Foundation incorporated at $1,100. And on the move, Art Studio $1,350 for the Office of the County Council. And it costs them to exceed the sum stated. Item 15, a resolution authorized the Mayor on behalf of the County Government to execute purchase of service agreements with one, build inclusion incorporated, Kentucky Easter Seals Society incorporated, DBA Easter Seals Cardinal Hill and Down Syndrome Association of Central Kentucky Incorporated, $12,500. Building Industry Association of Central Kentucky, DBA Building Institute of Central Kentucky, $20,000. Food Chain Incorporated, $20,000. Hospice of the Bluegrass Incorporated, DBA Bluegrass Care Navigators, $20,000. Jubilee Jobs of Lexington Incorporated, $20,000. Opportunity Workshop of Lexington Incorporated, DBA Opportunity for Work and Learning Incorporated, $20,000. And Urban League of Lexington, Viett County Incorporated and Bluegrass Community and Technical College, $37,500. to provide workforce development, job training, and job placement services to the public at a cost not to exceed $150,000. Item 16, a resolution authorized and directed by the Mayor on behalf of the Attorney Government to exceed an engineering services agreement awarded pursuant to Kentucky Transportation Cabinet. Price contract MA 785-17-0000114 with Strand Associates Incorporated for design services on the turn lanes at the intersection of Manchester Street and South Forums Road. In coordination with the town branch, trail phase 6 project That costs not to exceed $71,418. Item 17, a resolution authorized by the Mayor and the Urban County Government to execute change order number 1 to the contract with the Brand Center, Carroll Incorporated for the Fire Station No. 24 design project. Increase the contract price for the sum of $9,850 from $384,111 to $393,961. Item 18, a resolution authorized by the Mayor and the Urban County Government to execute and submit a grant application to the Kentucky Fire Commission and to provide any additional information requested in connection with this grant application, which grant funds are in the amount of $90,000 Commonwealth of Kentucky funds under the 2017 Kentucky Fire Commission Fire Training Facility grant program and offer the purchase of two live fire vehicle fire simulation props. Item 19, a resolution authorizing direct the mayor on behalf of the urban county government to exceed any other necessary documents except a portion of 4.48 acres of the property located at 3097 Helmsdale Place from the Kentucky Utilities Company for the Brighton Rail Trail Phase 4 Project granted the Kentucky Utilities Company a permanent utility and access easement on the property at no cost to the urban county government. Item 20, a resolution authorizing direct the mayor on behalf of the urban county government to exceed an agreement with the University of Kentucky Albert B. Chandler Medical Center for the Provision of Space and the University of Kentucky Hospital Emergency Room for use as a clinical practice area for the Sexual Assault Nurse Examiner Program at a cost to exceed $3,000. Item 21, resolution authorizing direct to the Mayor and may have the Irving County Government to accept a grant from the Kentucky Transportation Cabinet which grant funds under the amount of $64,000 federal funds under the Transportation Alternatives Program and are for the design phase of the Armstrong Mill Road Sidewalks Project, the acceptance of which obligates the Irving County Government for the expenditure of $16,000 as a local match and authorizing the Mayor to transfer our unencumbered funds within the grant budget. Item 22, resolution authorizing direct to the Mayor and may have the Irving County Government to accept a grant from the Kentucky Transportation Cabinet which grant funds in the amount of $20,000 federal funds in the Transportation Alternatives Program and are for the design phase of the Beaumont YMCA Trail Project, the acceptance of which obligates the Urban County Government for the expenditure of $5,000 as a local match and authorizing the Mayor to transfer and encourage funds within the grant budget. Item 23, a resolution authorized by the Mayor on behalf of the Urban County Government to accept a grant from the Kentucky Transportation Cabinet which grant funds in the amount of $120,000 federal funds under the Transportation Alternatives Program and are for the design phase of the Citation Trail Project, the acceptance of which obligates the Urban County Government for the expenditure of $30,000 as a local match and authorizing the Mayor to transfer and encourage funds within the grant budget. Item 24, a resolution authorized and direct the mayor on behalf of the urban county government to accept a grant from the Kentucky Transportation Cabinet, which grant funds are the amount of $100,000 federal funds under the Transportation Alternatives Program in order for the design phase of the Elizabeth Street Sidewalks Project, the acceptance of which obligates the urban county government for the expenditure of $25,000 as a local mass and authorizing the mayor to transfer undercover funds within the grant budget. Item 25, a resolution authorized and direct the mayor on behalf of the urban county government to accept a grant from the Kentucky Transportation Cabinet, which grant funds are the amount of $20,000 federal funds under the Transportation Alternatives Program in order for the design phase of the Oxford Circle Sidewalks Project, the acceptance of which obligates the urban county government for the expenditure of $5,000 as a local match, and authorizing the mayor to transfer unencumbered funds within the grant budget, Item 26, a resolution authorizing directly to the mayor on behalf of the urban county government to accept a grant from the Kentucky Transportation Cabinet, which grant funds are the amount of $100,000 federal funds under the Transportation Alternatives Program in honor for the design phase of the Rosemont Garden Sidewalk Project, the acceptance of which obligates the urban county government for the expenditure of $25,000 as a local match, and authorizing the mayor to transfer unencumbered funds within the grant budget, Item 27, a resolution authorizing directly to the mayor on behalf of the urban county government to accept the grant from the Kentucky Transportation Cabinet, which grant funds in the amount of $60,000 federal funds under the Transportation Alternatives Program and offer the design phase of the South Elkhorn Trail Project, the acceptance of which obligates the urban county government, for the expenditure of $15,000 as a local match and authorizing the mayor to transfer funding funds within the grant budget. Item 28, a resolution authorized and directed the mayor on behalf of the county government to accept a grant from the Kentucky Transportation Cabinet, which grant funds in the amount of $80,000 federal funds under the Transportation Alternatives Program and offer the design phase of the Todd's Road Sidewalks Project, the acceptance of which obligates the urban county government with the expenditure of $20,000 as a local match, and authorize the mayor to transfer undercumber funds within the grant budget. Item 29, a resolution authorizes the mayor on behalf of the Urban County Government to accept a grant from the Kentucky Transportation Cabinet, which grant funds the amount of $80,000 federal funds under the Transportation Alternatives Program, and are for the design phase of the Wilson and Downey Soundwalk Project, the city of which obligates the Urban County Government for the expenditure of $20,000 as a local match, and authorize the mayor to transfer undercumber funds within the grant budget. Item 30, a resolution authorizes the mayor on behalf of the Urban County Government to execute a memorandum of agreement with Bluegrass Community and Technical College to provide services related to water quality monitoring in the Caneman watershed at no cost to the Urban County Government, item 31. A resolution authorizes the Mayor and the Urban County Government to execute an amendment to the service agreement with Windstream Communications for installation of redundant telephone fiber circuits for the 911 center located at the Public Safety Operations Center at no additional cost to the Urban County Government. Item 32, resolution amending Resolution 82-2017, which declared a moratorium on all applications for building permits for properties located along the north side of the Versailles Road corner from Halls Lane to Oxford Circle, more specifically defined as the following properties, 1411 to 1907, Versailles Road, odd numbered, and for properties located along the south side of the Versailles Road corridor. More specifically defined as the following properties, 1410 to 1824, Versailles Road, even numbered to release all properties in the moratorium except for 1501 to 1509, Versailles Road, odd numbered, to allow the Planning Commission and the Urban County Government sufficient time to consider the development needs of the Versailles Road corridor and the proper zoning and potential affordable housing in the area and setting the duration for the amended moratorium from April 13, 2017 through August 31, 2017. Item 33, a resolution authorized by the Mayor on behalf of the Urban County Government to execute a memorandum of agreement with Chris Lisshouse, Incorporated, for services provided by the Department of Social Services at no cost to the Urban County Government. Item 34, a resolution authorized by the Mayor on behalf of the Urban County Government to execute an amended summary plan description with Shard, Snyder, and Associates, Incorporated for the LFUCG Flexible Spending Benefits Plan, pursuant to Section 125 of the Internal Revenue Code for the period of January 1, 2017 through December 31, 2017. Item 35, a resolution authorizing the mayor on behalf of the urban county government to accept a donation in the amount of $500 from Glurass Families First Incorporated for support of the courtyard restoration and accessibility project at the Family Care Center. Item 36, a resolution authorizing and directing the mayor on behalf of the urban county government to execute a renewal of the software maintenance and end-user license agreement with Horizon Information Systems Incorporated for the representative payee software for the Department of Social Services at a cost amount to exceed $626.50. item 37 a resolution authorizing the mayor on behalf of the urban county government to execute supplemental agreement number 4 with the Kentucky Transportation Cabinet for the acceptance of additional federal funds in the amount of $32,000 for the Polo Club Boulevard design phase the acceptance of which obligates the urban county government for the expenditure of $8,000 as a local match item 38 a resolution authorizing the mayor on behalf of the urban county government to execute change order number 1 final to the agreement with Judy Construction Company for the Town Branch Wastewater Treatment Plant Headworks Improvements Project increasing the contract price for the sum of $19,880 from $968,000 to $987,880. Item 39. A resolution authorizes the Mayor and we have the Urban County Government to execute certificates of consideration and other necessary documents and to accept deeds for property interest needed for the Clay's Mill Road Stormwater Improvement Project at a cost not to exceed $10,000. Item 40. A resolution authorizes the Mayor and we have the Urban County Government to execute 2 and order number 1 to the contract with Murphy and Graves Archive SPLLC for the Emergency Operations Center renovation project increasing the contract price by the sum of $115,000 from $427,000 to $542,000. Item 41. Resolution authorizes and directs the mayor on behalf of the urban county government to accept a grant from the Commonwealth of Kentucky Office of Highway Safety, which grant funds in the amount of $25,000 federal funds or from Supplemental Police Traffic Services Enforcement for fiscal year 2017, the acceptance of which does not obligate the urban county government for the expenditure of funds and authorizes the mayor to transfer our own government funds within the grant budget. Item 42. A resolution authorized and direct the Mayor on behalf of the Urban County Government to exceed an amendment to agree with the Kentucky Transportation Cabinet to extend the period of performance for the Town Branch Trail Phase 3 project through June 30, 2018 at no cost to the Urban County Government. Item 43. A resolution authorized and direct the Mayor on behalf of the Urban County Government to exceed an amendment to agree with the Kentucky Transportation Cabinet to extend the period of performance for the Town Branch Trail Commons Midland section through June 30, 2019 at no cost to the Urban County Government. Item 44. A resolution authorized and direct the Mayor on behalf of the Urban County Government to exceed an amendment to agree with the Kentucky Transportation Cabinet to extend the period of performance for the Town Branch Trail Commons Midland section through June 30, 2019 at no cost to the Urban County Government. Item 44. A resolution authorized and direct the Mayor on behalf of the Urban County Government to exceed an amendment to agree with the Kentucky Transportation Cabinet to extend the period of performance for the Town Branch Trail Commons Midland section through June 30, 2019 at no cost to the for the Lexi Trail Phase 3 project through June 30, 2019, at no cost to the Urban County Government, Item 45. A resolution authorized and directed the Mayor on behalf of the Urban County Government to exceed an amendment to agreement with the Kentucky Transportation Cabinet to extend the period of performance for the Gainesway Park Trail project through December 31, 2018, at no cost to the Urban County Government. Item 46. A resolution authorized and directed the Mayor on behalf of the Urban County Government to exceed and submit the 2017 Consolidated Planned Grant application to the United States Department of Housing and Urban Development to provide any additional information requested in connection with this grant application and to accept the grant if the application is approved, which grant funds are in the amount of $3,223,052 federal funds or for the fiscal year 2018 Community Development Block Grant Program, $2,073,408 Home Program, $965,289. An Emergency Solutions Grant Program, $184,355, the acceptance of which obligates every county government for the expenditure of $291,545 from various funding sources as a local cash match. And $100,000 in-kind match authorizes the mayor to execute agreements for the approved plan and authorizing the mayor to transfer unencumbered funds within the grant budget. Item 47, a resolution authorizing the mayor on behalf of the Irvin County Government to exceed an agreement awarding a Class B infrastructure incentive grant to Linkville Construction Equipment Company, LP, LLLP for stormwater quality projects that cost not to exceed $44,000. Item 48, a resolution authorizing the mayor on behalf of the Irvin County Government to exceed an agreement awarding a Class B infrastructure incentive grant to 150 Northland Drive, LLC for stormwater quality projects that cost not to exceed $19,950. Item 49, a resolution authorizing the Mayor on behalf of the Urim County Government to execute change order number 2 to the contract with Tri-City Painting and Contracting for the Morton House Exterior Repairs Project, decreasing the contract price by the sum of $19,600 from $116,000 to $96,400. Item 50, a resolution authorized and direct the mayor on behalf of the Irving County Government to execute and submit a grant application to the Kentucky Department for the local government and to provide any additional information requesting in connection with this grant application, which grant funds in the amount of $60,626 under the Recreational Trails Grant Program and are for the legacy trail maintenance and repairs for fiscal year 2018. Item 51, a resolution renaming the Downtown Arts Center, the Pam Miller Downtown Arts Center in honor of former Lexington Mayor Pam Miller. and item 52, a resolution authorizing the mayor on behalf of the Irvin County Government to execute agreements with the Highlands Neighborhood Association incorporated $500, and the Andover Forest Homeowners Association incorporated $1,020, the Friends of the Parks and Fayette County incorporated $850, Lexington Sister Cities Program incorporated $1,350 and the Woodward Lander Homeowners Association $400 for the Office of the Irvin County Council, and it costs not to exceed the sum stated. Thank you. Second. It's a first reading. Sorry. No move. No move. Are there any motions for walk-ons? Are there any motions for suspension of the rules for second readings? Council Member Henson? Do you have a suspension request? A request for suspension of the rules? Yes. I have one to ask for a suspension perspective. Council Member Stinnett. Thank you, Vice Mayor. I move to suspend the rolls and give second rating to our NDS, number 14 and 52. Motion and second, numbers 14 and 52. All those in favor, please say aye. Aye. Any opposed? The motion carries. Thank you, Vice Mayor. Council Member Evans. I move to suspend the rules and give second reading to number 19. Do I need to read the whole thing? No? Okay. Thank you. I have a motion and a second on number 19. Discussion on the motion? Seeing none, all in favor, please say aye. Aye. Any opposed? That motion carries. Now, Council Member Henson. Thank you, Vice Mayor. I move to suspend the rules and give second reading to number 13. Second. Motion and a second. Number 13, any discussion on the motion? Seeing none, all in favor, please say aye. Aye. Any opposed? Yes. That motion carries. And I have a couple more. Please. So I move to suspend the rules and give second reading to number 32. I have a motion. Is there a second? Second. I have a motion and a second. Discussion on the motion? In all of them in favor, please say aye. Aye. Any opposed? That motion carries. Thank you. And I move to suspend the rules and give second reading to number 33. Second. Motion and a second on number 33. Any discussion on the motion? Seeing that, all in favor, please say aye. Aye. Any opposed? That motion carries. I see nobody else signed on. So, Madam Clerk, if you please give second reading. Sure. Let me just clarify. I have 13, 14, 19, 32, 33, and 52. Correct? All right. All right. I apologize for the delay. Item 13. A resolution authorized in the Division of Human Resources to make a conditional offer to the following probationary classified civil service appointments. Christopher Kirkland, Technical Specialist, Grade 515 and 19.150, hourly in the Division of Commuter Services, effective April 24, 2017, Joshua Dizarn, Municipal Engineer, Grade 525E, 2589.12, bi-weekly in the Division of Engineering, effective May 8, 2017, Clifton Stone, 18.685, hourly, William Rambert, 18.233, hourly, and Latonya McLean, 17.662, hourly, all-resource recovery operator, Grade 513N, in the Division of Waste Management, Scott Jeffries, Treatment Plant Operator, Grade 515N, 20.578 Hourly in the Division of Water Quality, all effective April 24, 2017. Gary Sennett, Technical Services Supervisor, Grade 521E, 2206.16 Bio Weekly in the Division of Police, effective upon patch of Council Allen Brady, 20.420 Hourly and Jordan Maynard, 21.537 Hourly, both Building Inspector, Grade 517N in the Division of Building Inspection, effective April 24, 2017. And Matthew Burton, Heavy Equipment Technician, Grade 516N, 19.836 Hourly in the Division of Facilities and Fleet Management, all effective April 24, 2017, authorizing the Division of Human Resources to make a conditional offer to the following unclassified civil service appointment. Melissa Martin, Victims Advocate, Bilingual, Grade 514N, 18.589 Hourly, and Division of Police, effective upon Patchdome Council. Item 14, a resolution authorizing the Mayor on behalf of the Irving County Government to execute agreements with the Lexington Community Radio, $1,400, Lexington Leadership Foundation Incorporated, $1,100, and on the move, Art Studio, $1,350 for the Office of the Irving County Council. not a cost net to exceed the sum stated. Item 19, a resolution authorized and directed to the Mayor on behalf of the Urban County Government to exceed deeds and any other necessary documents to accept a portion of 4.48 acres. The property located at 1397 Helmsdale Place from the Kentucky Utilities Company for the Brighton Rail Trail Phase 4 project, granting the Kentucky Utilities Company a permanent utility and access easement on the property at no cost to the Urban County Government. Item 32, a resolution amending resolution number 82-2017, which declared a moratorium on all applications for building permits for properties located along the north side of the Versailles Road corner from Halsland to Oxfordshire, for more specifically defined as the following properties, 1411 to 1907, Versailles Road odd-numbered, and for properties located along the south side of the Versailles Road corner, more specifically defined as the following properties, 1410 to 1824, Versailles Road even-numbered, to release all properties in the moratorium except for 1501 to 1509, Versailles Road odd-numbered, to allow the Planning Commission and the Urban County Government a sufficient time to consider the development needs of the Versailles Road corner and the proper zoning for potential affordable housing in the area and setting the duration for the amended moratorium from April 13, 2017 through August 31, 2017. Item 33, a resolution authorizing to direct the mayor on behalf of the urban county government to execute a memorandum of agreement with Crystalis House for services provided by the Department of Social Services at no cost to the urban county government. And finally, number 52, a resolution authorized the mayor on behalf of the urban county government to exceed agreements with Highlands Neighborhood Association, incorporated $500, and the Endover Forest Homeowners Association, $1,020. The Friends of the Parks and Fayette County incorporated $850. Lex and Sisters of these programs incorporated $1,350. And the Woodward Lander Homeowners Association, $400 for the Office of the Urban County Council, and it costs not to exceed the sum stated. Thank you. Do I have a motion to approve? So approved. Motion by Council Member Henson. Is there a second? Second. Second by Council Member Plowman. Any discussion on the motion? Seeing none, Madam Clerk, please call the roll. Ms. Higgins? Ms. Higgins. Vice Mayor Kay? Yes. Ms. Lamb? Yes, ma'am. Mr. Maloney? Yes. Ms. Massadi? Yes. Ms. Plowman? Yes. Ms. Gutchfield? Yes. Mr. Stennett? Yes. Ms. Bledsoe? Yes. Mr. Fred Brown? Yes. Mr. James Brown? Yes. Ms. Evans? Yes. Mr. Farmer? Yes, ma'am. Mr. Gibbs? Yes. And Ms. Henson? Yes. Thank you. That vote reflects passage. That allows us to move to communications from the mayor. Do I have a motion? A motion by Council Member Farmer? Second. Second by Council Member Plowman. Any discussion on the motion? Seeing none, all in favor, please say aye. Aye. Any opposed? That motion carries. Next is communications from the mayor for information only. And then I believe we have a public hearing. So this public hearing is for the change of use for 1530 Nicholasville Road. I'll call a public hearing to order. Are there any people who wish to make public comment? Any comment at all? Seeing none, I'll declare the hearing closed. It allows us to move to announcements. I'll open the floor to Councilmembers. Please sign in. Announcements. Councilmember James Brown. Thank you, Vice Mayor. Today is opening day for the Lexington Legends, and hopefully they have a good turnout. I think the weather's great. And then I just wanted to remind council members that we've been invited out to the Legends on this coming Saturday. They're actually going to raise the Lexington Pride flag before the opening pitch at 5.30. So I'd invite everybody to come out and extend the invitation to all the public to come out and enjoy the Legends this season. before anybody says anything about who's throwing out the opening pitch as I have a 14 year old son and he will be willing to work with me to get my pitch down so it makes it over the plate and hopefully I'll do better than Council Member Maloney did last year laughter laughter laughter laughter laughter I got more. And other announcements is I'm having a neighborhood leaders meeting next week, April the 19th at 6 p.m. at Transy. Transy is going to be our host at night. They're going to tell us about some improvements, some new dorms they have on campus and what they're doing to be more engaged with the community and actually giving us a tour of the campus. So we're looking forward to that next week. Thanks, Vice Mayor. Thank you. Council Member Plowman. Thank you, Vice Mayor. I was just going to mention that I think at the last meeting I mentioned we were going, many of us were going out to Keeneland yesterday, and it was a back stable visit. We were not out there bedding. We were out there. Well, I'm going to add that. But we really did learn a lot about Keeneland. President of the King, one of the key folks were there with us, but the icing on the cake was that Frank Penn, he's a member of our planning commission, was with us, and he hit a horse in the fifth race. It came in first. We all bet on it. And we were in the winning circle with pictures of all of us with the horse. So we'll share those with you. I also just wanted to mention, I have a big cheesecake that one of our fighter fighters made, strawberry cheesecake. And if the rest of our council members don't eat it all, which none of them have yet, I'm going to bring it out here if anybody wants a piece of really, really good cheesecake from one of our firefighters. Thank you, Vice Mayor. Thank you. That would bring us down to, we have two police and one fire disciplinary items. First, the police commander, Guy Green. Thank you. On Monday, February 6th, an allegation was made to Officer Nathan Barks, 49316, violated General Order 1973-2-1, or I, disciplinary procedures, at-fault collisions. The allegation to Officer Nathan Barks has been involved in three at-fault collisions within a 12-month period. The collisions occurred on December 18, 2016, December 19, 2016, and February 2, 2017. At the conclusion of the investigation, the employee met with Chief Mark Barnard and has accepted a written reprimand and 80 hours home fleet suspension. The recommended discipline has also been approved by Public Safety Commissioner Ronnie Bassett. Move approval. Motion by Council Member Fimer. Second by Council Member Hanson. Any discussion on the motion? Yes. Councilmember Evans. Just to be clear, that discipline was recommended straight from the police chief that was not sent to the panel, correct? Correct. Thank you. Any further discussion on the motion? Councilmember James Brown. Thank you, Vice Mayor. I guess my question is, I know when incidents, I guess when there's a trigger with internal investigations, I think if an officer has multiple incidences and violence takes place, I think when it gets to a certain amount, there's some remediation or some investigation that kicks in. Is there something similar to that with vehicle incidences in the police department? There is, and the next one kind of leads into that. Okay. With minor accidents, we start with literacy counseling and progress. And it's over a certain amount of time, and the accidents, how many, it progresses. With this one, it got past the letter of counseling, which would be training, and it got into the discipline range. Okay. So how many triggers the counseling? Is there a certain number or is it just the severity of the incident, the accident? Combination. It depends on the driving characteristics. Okay. All right. Well, that's my question. Thank you. Thank you, Mr. Mayor. Thank you. I see no further discussion on the motion. All in favor, please say aye. Aye. Any opposed? That motion carries. On Tuesday, February 13, 2017, an allegation was made that Officer Roman Sorrell, employee number 49219, violated General Order 1973-2I, disciplinary procedure, Appendix B, operational rules, operation of vehicles. So the allegation on Sunday, February 5, at 10.15 a.m., Officer Roman Sorrell was responding from West Sector Road call to an officer needs assistance call on Dewey Street. Officer Sorrell was traveling inbound on Old Frankfort Pike with his lights and sirens activated and was involved in a collision at the intersection of Old Frankfort Pike and South Forbes Road. After reviewing the incident, it was found Officer Sorrell failed to operate his issued department vehicle with due regard or in careful, prudent manner. At the conclusion of the investigation, the employee met with Chief Mark Barnard and has accepted 20-hour suspension without pay and emergency driver retraining. this recommended discipline has also been approved by Public Safety Commissioner Ronnie Bassett. Thank you. Have we a motion? Motion by Council Member Henson. Second. Second by Council Member Farmer. Any discussion on the motion? Seeing none. I'm sorry. Council Member Evans. Just the same question to clarify that this did not go before the panel. Okay. Thank you. Any further discussion? Seeing none all in favor, please say aye. Aye. Any opposed? That motion carries. Thank you, sir. Now, Chief Gosper. Good evening. On Thursday, February 22, 2016, firefighter Greg Schroer violated our Uniform Disciplinary Guideline 2.01, and that is conduct unbecoming a firefighter. At the conclusion of the investigation, the employee met with Chief Kristen Chilton and has accepted a written warning. This violation was, he broke the computer use policy, and this has been approved by Commissioner Bastin. Thank you. Is there a motion? So moved. Motion by Councilmember Farmer, second by Councilmember Plowman. Discussion on the motion? Seeing none, all in favor, please say aye. Any opposed? Motion carries. Thank you, sir. That would bring us to public comment. I don't have anybody signed up. That would allow us to entertain a motion to adjourn. I have a motion and a second without objection. We stand adjourned. Thank you.
