# Urban County Council - March 7, 2019 > Auto-transcribed civic record · March 7, 2019 - **Permalink**: https://meetings.lexingtonky.news/meeting/4712 - **Source video**: https://lfucg.granicus.com/player/clip/4712?view_id=14&redirect=true - **Date**: 2019-03-07 - **Last revised**: March 7, 2019 - **Length**: 12,749 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 March 7, 2019, at 6:00 PM in the Council Chambers in Lexington, Kentucky, with Mayor Gorton presiding. The meeting focused primarily on informational presentations and community recognition, with two main agenda items addressing local organizations and services. The council heard presentations on the American Legion's 100th Anniversary and recognized Arbor Youth Safe Place for their community contributions. During the session, the council conducted 2 votes on various matters and received 3 public comments from community members. Both primary agenda items were informational in nature, serving to acknowledge and celebrate community organizations rather than requiring legislative action. The meeting provided a platform for recognizing the historical significance of the American Legion's centennial milestone and highlighting the important work of Arbor Youth Safe Place in supporting local youth services. ## Attendance The meeting on March 7, 2019 had strong attendance with 15 members present and no absences recorded. **Present:** • Reynolds • Worley • Bledsoe • F. Brown • J. Brown • Ellinger • Evans • Farmer • Gibbs • Lamb • McCurn • Moloney • Kay • Mossotti • Plomin **Absent:** None **Late Arrivals:** • Kay • Mossotti • Plomin Three members arrived late to the meeting but were present for the proceedings. All scheduled members ultimately participated in the session. ## Votes and Decisions The council took action on two items during the meeting, both involving roll call votes. **Ordinance 0174-19** [timestamp: 06:36] Vice Mayor Kay motioned to approve an ordinance changing the zoning from Agricultural Rural (A-R) to Light Industrial (I-1) for property located at 5301 Athens Boonesboro Road. Mr. Ellinger seconded the motion. The ordinance passed unanimously with 15 ayes and 0 nays. All council members voted in favor: Plomin, Reynolds, Worley, Bledsoe, F. Brown, J. Brown, Ellinger, Evans, Farmer, Gibbs, Kay, Lamb, McCurn, Moloney, and Mossotti. **Resolution 0121-19** [timestamp: 06:36] Vice Mayor Kay also motioned on a resolution imposing a moratorium on zone map amendment applications and demolition permits for all properties within the proposed Pensacola Park Area Historic Districts. Ms. Plomin seconded the motion. This resolution passed with 8 ayes, 3 nays, and 3 abstentions. Council members voting in favor were: Plomin, Reynolds, J. Brown, Gibbs, Kay, Lamb, McCurn, and Moloney. Three members voted against the resolution: F. Brown, Farmer, and Mossotti. The remaining council members abstained from voting, though their names were not specified in the vote tally. The moratorium resolution received less unanimous support than the zoning change, reflecting potential disagreement among council members regarding the historic district protections and their impact on property development rights in the Pensacola Park area. ## Budget and Financial Actions The meeting addressed three significant financial items totaling over $845,000 in contracts and grant funding. **Wastewater Infrastructure Contract** Resolution 0100-19 authorized a contract with Judy Construction Co. for $53,958.58 to complete the Town Branch Waste Water Treatment Plant Primary Digester Complex Improvements Project. This contract represents ongoing infrastructure improvements to the city's wastewater treatment facilities. **Design Services Contract** Resolution 0107-19 approved additional design services with Gresham, Smith and Partners for $8,164.00 related to the Town Branch Commons Corridor Design Services. This contract amendment provides supplementary planning and design work for the corridor development project. **Transportation Planning Grant** Resolution 0123-19 accepted a substantial grant of $783,576 from the Kentucky Transportation Cabinet for FY 2020 Transportation Planning Activities. This grant funding will support the city's transportation planning initiatives for the upcoming fiscal year, representing the largest financial item considered during the meeting. The three resolutions collectively represent both capital infrastructure investments and planning activities, with the transportation grant comprising approximately 90% of the total financial commitments discussed. The wastewater treatment plant improvements and corridor design services reflect ongoing municipal infrastructure development projects. ## Public Comment Three community members addressed the council during the public comment period, all focusing on concerns about police accountability and conduct. **Sarah Williams** [timestamp: 02:00:00] spoke about police accountability issues related to the department's collective bargaining agreement. Williams expressed concerns about what she characterized as a lack of accountability within the police department's current collective bargaining structure. She specifically called for the termination of Officer Donovan Stewart following an incident involving an autistic teenager. **Winter Sherman** [timestamp: 02:09:00] addressed the council as an autistic individual speaking against police brutality. Sherman focused on the same incident involving an autistic teenager that Williams referenced, urging the council to take action to hold the police department accountable for the incident. Sherman's comments highlighted concerns about how law enforcement interacts with individuals in the autism community. **April Taylor** [timestamp: 02:12:00] shared personal experiences with the police department, addressing broader systemic issues within the police force. Taylor specifically mentioned problems with racial misidentification during police interactions and described what she viewed as systemic problems affecting the department's operations and community relations. All three speakers focused their comments on police-related issues, with particular emphasis on accountability measures and the treatment of vulnerable community members. The comments centered around a specific incident involving an autistic teenager and Officer Donovan Stewart, as well as broader concerns about police practices and oversight within the department. ## Appointments The meeting included three appointments to various boards and advisory bodies. **Zachary Newman** was appointed to the Address Enforcement Hearing Board. **Jennifer Kane** was appointed to the Carnegie Center for Literacy Board of Directors. **Jonathan Washington** was appointed to the Charles Young Center Advisory Board. All three appointments were approved during the March 7, 2019 meeting. ## Contested Items The meeting featured one contested item that resulted in a split vote among council members. **Moratorium on Zone Map Amendment Applications** The primary point of contention involved a resolution to impose a moratorium on zone map amendment applications specifically for the Pensacola Park Area Historic Districts. This measure would temporarily halt new applications for zoning changes within these designated historic areas. The proposal generated differing opinions among council members, though the specific nature of their disagreements and individual positions are not detailed in the available meeting records. The resolution ultimately passed despite the division, indicating that a majority of council members supported implementing the temporary restriction on zoning amendment applications. The split vote demonstrates that council members had varying perspectives on whether such a moratorium was necessary or appropriate for the Pensacola Park Area Historic Districts at this time. The passage of the resolution means that property owners and developers in these historic districts will face temporary restrictions on their ability to seek zoning changes during the moratorium period. The outcome establishes a temporary pause on zone map amendment applications for the affected historic districts, though the duration and specific terms of the moratorium would need to be referenced in the full resolution text. ## American Legion 100th Anniversary [timestamp: 00:15] Mayor Gorton presented agenda item 0154-19, recognizing the American Legion's 100th anniversary during the March 7, 2019 meeting. The Mayor formally acknowledged this significant milestone for the veterans' organization, which was founded in 1919. As part of the recognition, Mayor Gorton presented an official proclamation declaring March 2019 as American Legion Month in Lexington. This proclamation honors the century of service that the American Legion has provided to veterans and communities across the nation. The presentation was informational in nature, serving to formally recognize the American Legion's contributions and ensure the organization's centennial anniversary received appropriate municipal acknowledgment. No discussion or debate occurred regarding this agenda item, as it was a ceremonial recognition of the veterans' organization's historic milestone. ## Arbor Youth Safe Place Recognition [timestamp: 00:30] Mayor Gorton presented agenda item 0284-19, recognizing Arbor Youth Services for their critical work serving Lexington's vulnerable youth population. The presentation highlighted Arbor Youth Services' role as the city's only emergency shelter specifically dedicated to homeless and runaway children. During the presentation, Mayor Gorton formally declared March 17-23, 2019, as National Safe Place Week in Lexington, acknowledging the organization's ongoing commitment to providing safe haven for youth in crisis situations. The recognition emphasized the vital services Arbor Youth provides to children who have nowhere else to turn when facing homelessness or dangerous situations at home. Lori Clemons participated in the presentation, representing Arbor Youth Services and their mission to protect and support at-risk youth in the community. The organization operates as part of the national Safe Place network, which provides immediate help and safety for young people through a network of sites staffed by trained volunteers and employees. This agenda item served as an informational presentation to raise awareness about both Arbor Youth Services' work and the broader National Safe Place Week observance. The recognition underscored the city's support for organizations addressing youth homelessness and the importance of having dedicated emergency shelter resources available for children and teenagers in crisis. The presentation concluded without formal action required, as it was purely ceremonial in nature, focusing on public recognition of Arbor Youth Services' contributions to community safety and youth welfare. --- ## Decisions - **0174-19** — passed (15-0): An Ordinance changing the zone from an Agricultural Rural (A-R) zone to a Light Industrial (I-1) zone for property located at 5301 Athens Boonesboro Rd. - **0121-19** — passed (8-3): A Resolution imposing a moratorium on zone map amendment applications and demolition permits for all properties located within the proposed Pensacola Park Area Historic Districts. --- ## Full transcript It's six o'clock. Even though our clock doesn't say it is, it's a little slow up there. So I'd like to go ahead and call the meeting to order on March the 7th. This is the Urban County Council meeting. And welcome. I'd like to ask the clerk to please call the roll. Okay. Ms. Plowman? Ms. Reynolds? Yes. Mr. Worley? Yes, ma'am. Ms. Bledsoe? Yes, ma'am. Mr. Fred Brown? Here. Mr. James Brown? Here. Mr. Ellinger? Yes, ma'am. Ms. Evans? Here. Mr. Farmer? Yes, ma'am. Mr. Gibbs? Here. Vice Mayor Kay? Ms. Lamb? Here. Mr. McCurn? Yes, ma'am. Mr. Maloney? Yes, ma'am. Ms. Massadi? Thank you very much. All right. First of all, I would like to welcome to the chamber, Laura Babbage, director of mission at CHI St. Joseph hospitals, and she is going to give our invocation, and she's a special guest of Councilmember Ellinger. Laura, welcome to you. Thank you so much, Mayor, and thank you, Councilman Chuck Ellinger and all the council for having me tonight to pray with you. It's always my pleasure to be here with you, a group that does so much good in our community. And I just want you to know how much we appreciate you and all your many gifts and the ways in which you serve us all. We're very fortunate to be part of this incredible community. Thank you, Mayor. You know, yesterday was Ash Wednesday, and for faith communities who recognize Lent and Easter, you know that yesterday, Ash Wednesday, began 40 days of fasting, prayer, and almsgiving that lead right up to Easter, the holiest season for Christian communities. So I invite you tonight, with that in mind, to close your eyes if you're comfortable, and we'll begin with prayer by taking a deep breath in and out, breathing in all that is good and holy and helpful, and breathing out anything at all that we carried in here with us tonight that interferes with our relationship with the Holy One. Loving and gracious God, may these elected officials, staff, and participants feel your presence in their lives. May we know you walk with us every step of this earthly journey, that you never, ever leave us to walk it alone. May the work done tonight be infused with passion and creativity and wisdom. In our hearts may there be a sanctuary for the stillness where clarity is born. As we recognize places where we have fallen short, give us the courage to correct our mistakes, to mend a relationship, to set an example of kindness. Help us hear your voice in our hearts so we may practice integrity and compassion in all our discussions and decisions. May the many gifts these council members have been given to be used fully. May they use so fully that when they stand before you at the end of their lives, They will not have a single gift left and can say with confidence, I used it all, Lord, everything you gave me. We pray. Amen. Thank you so much, Laura. And at this time, I will move to the podium. We have two presentations. Thank you. of an organization that has done so much for our community and veterans, the American Legion. I'm joined tonight with members of the American Legion, known as Legionnaires, to celebrate the group's 100th birthday, or anniversary, however you want to say it. I would like first to ask anyone here tonight who is with the American Legion to please stand and be recognized. Please stand. Applause The American Legion was chartered by Congress in 2019 as a patriotic veterans organization. Today, it serves our veterans and youth with various programs, including Heroes to Hometowns and American Legion Baseball. The group is the largest veterans service organization in the country, committed to mentoring youth, promoting patriotism, and supporting national security. In Lexington, the American Legion is represented by four posts. And as I call your name, will you please come stand with me? Post eight, the Man of War post led by Commander Winston Swim. Welcome. Thank you. Thank you. Thank you. Post 132, the Nathan Calder Post, led by Commander Joe Richards. Thank you. Post 313, the Federal Post, led by Commander John Lincolnfelter. And post 341, the thoroughbred post, led by Commander Jack Hall and Mr. Horn. Also with us tonight is past State Commander David King, 7th District Commander Ben Wagoner, and a member of the Sons of the American Legion, Robert Dalton. Will you all come join us? I'll ask Robert to say a few words for us tonight. Robert? He left a speech. It's all right. Thank you, Madam Mayor. Thank you, esteemed council members. We're very honored by this today. You know, American Legion has been around, of course, for 100 years. Besides the American Legion, we also have the Ladies Auxiliary that represent the women that have fathers, grandfathers, mothers, grandmothers that may have served during wartime. And so they are represented by the auxiliary. There's also the Sons of the American Legion, which represent the men who did not serve during wartime, but have fathers, grandfathers, and so forth that served during wartime. We're also proud to have the Writers Association in the 40 and 8. There are over 1 million veterans worldwide that are members of the American Legion. They are included in all 50 states, including District of Columbia, Puerto Rico, Philippines, and France. Nationally, in this country, we have over 13,000 posts. It's represented, of course, by over 1 million members. and of course the congress chartered us in 1919 as a patriotic veterans organization for war weary veterans of world war one since then the american legion also has supports the boy scouts the baseball boys and girls state the oratorical contest and many many other programs we are all over the place we also because of the American Legion have the VA the Veterans Administration education for our veterans that are coming back that need to learn a different skill all that because of the work done from Congress through the American Legion. I'm proud to be a member of that having served my time. You know my wife has always asked me why do I do this? You know I was eight years with the American Legion as finance officer. I was a previous district commander for two years, vice commander two years before that. Why do I do it? Simply enough as I tell her and any of my friends that ask me it's for the veterans that's why I serve mayor council members thank you so much and we appreciate everything that you do to honor us as we all know the American Legion has held an important role in America's history and is critical to the support of our veterans. Therefore it is my honor to make the following proclamation and I will present one of these to each post. Each of them says the same thing so I'm just gonna read one. Whereas the American Legion was formed on March 15, 1919 as a patriotic veterans organization and whereas American Legion is the nation's largest veterans service organization advocating patriotism, promoting national security, and mentoring youth and whereas there are four American Legion posts in Lexington. Post 8, post 132, post 313, and Post 341, and whereas the City of Lexington is appreciative of the support of our local Legionnaires, which you give to our veterans and community. Now, therefore, I, Linda Gorton, Mayor of Lexington, do hereby declare March 2019 American Legion Month in Lexington. Congratulations. Thank you. Now, who's Post 4? right here all right thank you madam mayor and we're going to take a picture all right if you want to all right all right now post 132 post 313 thank you for all you do and post 341. all right thank you you all come on up and be in our picture Any other Legionnaires? Legionnaires? Come be in the picture. Thank you so much. You're welcome. You're welcome. You're welcome. You're welcome. Don't be afraid. Thank you. Thank you. That's sharp. Thank you. Development director, this is about safe places and the safe place, Arbor Youth Services and the safe place program. Excuse me, executive director Lori Clemens, who is here and I would ask her to join me at the podium. Safe place coordinator Missy Pate is here. Andrew is here. Okay, and Development Director Andrew Shade is here, if you'll all join me, please. And they are here from Arbor Youth Services, and I'd like to ask them just to kind of crowd around. Is this your baby? Yes. Then come on up. Councilmember Evans is going to join us. Arbor Youth Services, excuse me, Arbor Youth serves as Lexington's only emergency shelter for homeless and runaway children and youth. They provide shelter for children as young as birth and as old as 17, helping give them a safe environment. Many of these children are homeless, have been abused, neglected, or are at risk of being victimized. Arbor Youth also operates an outreach center, rapid rehousing program for youth ages 18 to 24, and serves as a designated safe place. Lexington has many safe place locations, including Lex Tran buses, fire stations, public libraries, and YMCA branches. But Arbor Youth serves as Lexington's only safe place designated emergency shelter. This designation ensures that youth in crisis can find a location where they are protected. i'll ask laurie if she would please say a few words for us tonight about arbor youth services and the safe place program great thank you mayor gordon council members good evening so as our mayor just said we're the arbor youth services and we are the only emergency shelter for unaccompanied children youth in central kentucky we serve kids technically we say 17 counties but we've we never turn away a kid and we have kids come to us from all over the state while there are other shelters in kentucky most of them don't serve birth from birth and even as we stand here today we have four children at the shelter ages three months to six years old staying with us we've been in lexington and have existed for 43 years now and so the kids that come to us are in the middle of their own crisis with uncertainty of where they're going next so we exist to provide that safe welcoming environment for them to provide some stability in those moments until a permanent placement can be determined and sometimes those kids come to us through our safe place sites and next week is national safe place week and so we draw highlight to that to one not only appreciate our safe place sites in lexington and our surrounding counties we have 58 places that serve as a safe place site where any youth in crisis can go to for help and then we can go to them in that moment so they don't even have to find us they just have to find a place with the yellow safe place sign and we can go and assess their situation and help them so with those 58 sites as mayor said we also every lextran bus serves as a safe place site we never want kids in that moment of terror or uncertainty to have to have that uncertainty so it's just to find that yellow sign and we are always looking for new safe place sites because anything anywhere in the community can serve as that so we just we thank you for this opportunity and just this recognition just to further expand the knowledge of safe place so that kids know where they can go in that moment of crisis great thank you don't go away thank you laurie and i want to thank laurie andrew and missy for the important work that they do for our community and before i read the proclamation i'd like to ask council member evans to say a few words I'll be very brief but just to add to what Lori has already explained about the safe places there also is a text number that the kids and youth can can use and just so we can have that information on the you all can write it down or it's on video it is a txt for the number four help so that is it's a text for support service and youth can text the word safe and their current location to help to for help which is 44357 to receive a message with the closest safe place location to them and the number for arbor youth services so again that is text txt for help and text the word safe so that is a service that we have we know we're in an age of texting and social media and all that so that is just additional information that we can use and share with loved ones business owners and i think we should really try and encourage businesses because as laurie said anyone can be designated a safe place and i think it's been around for a while I think I remember seeing seeing those signs luckily never needed it but it is something it does provide that sense of comfort and just to know that there's somewhere that a child can go in the case of some kind of emergency and I will take one more point of privilege to brag on someone who is joined Arbor services Arbor Youth Services a native son Andrew Andrew shade who i grew up with at porter memorial baptist church and probably was his camp counselor at some point in time yeah um but you know there's usually big 10 and 15 there's a bigger age gap at that point but um but no he uh is probably best known for being one of the contestants on um the amazing race unfortunately he did not win but he's used that um that that platform to um to educate on on aids awareness hiv awareness and he did leave us for a little while to go to portland oregon but he is back but while he was there i just want you to know how lucky we are to have him back Because if I've read correctly, Andrew has raised over $6 million for various nonprofit organizations and the various roles he's been in. So to have him back, specifically with Arbor Youth Services, but just generally back in Lexington, the hometown, a native son, I'm excited and very happy that he's back. But we should also be very grateful that he wants to give back to the city that's raised him. So I just wanted to take that extra moment to officially welcome Andrew back to Lexington. We'll put him to work raising money here. He already is. All right. Whereas the national safe place program was created in Kentucky in 1983 and helps more than 12,000 youth in crisis every year. And whereas there are over 22,000 safe place locations across the US. And whereas in the US, safe place has designated 142 programs operated by youth service agencies and whereas Arbor Youth Services operates Lexington's only emergency shelter safe place for homeless, runaway, and at risk youth in crisis. Now therefore, I, Linda Gorton, Mayor of Lexington, do hereby declare March 17th through the 23rd, 2019 National Safe Place Week in Lexington. Congratulations. Thank you. Thank you. All right, thank you so much. It's always great to recognize wonderful organizations. Did you have anything? Okay, Council Member. All right. Let's move on then, and I'll ask the clerk to go ahead and give second reading to ordinances. Number one, an ordinance changing the zone of an agricultural rural AR zone to a light industrial I-1 zone for 11.52 net, 11.82 gross acres for property located at 5301 Athens Boonesboro Road, IBCP Athens, LLC, Council District Number 7. Number two, an ordinance admitting certain of the budgets of the Lexington and Fayette urban county government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds, schedule number 18. Item three, an ordinance admitting certain of the budgets of the Lexington and Fayette urban county government to reflect current requirements for funds in the amount of $10 for the division of computer services from the neighborhood development funds for the Lexington and Fayette county map for junior achievement, schedule number 20. In item four, an ordinance closing the unused rights of way known as Old Manchester Street, Old Marino Street, Old Walter Street, as well as a portion of Tucker Street determining the property owner abutting the rights of way to be closed has been identified, provided with written notice of the proposed closing, and considered thereto in writing and authorized the mayor on behalf of the urban county government to execute quick claim deeds and any other documents necessary transferring the former rights of way to the abutting owner, subject to the reservation of easements and restrictions. Thank you. Thank you very much. Is there a motion to approve second reading? So moved. Second. Vice Mayor Kaye moved and Council Member Ellinger seconded. Will you please call the roll? Ms. Plowman? Yes. Ms. Reynolds? Yes. Mr. Worley? Yes ma'am. Ms. Bledsoe? Ms. Ma'am. Mr. Fred Brown? Yes. Mr. James Brown? Yes. Sorry. Mr. Ellinger? Yes. Ms. Evans? Yes. Mr. Farmer? Yes. Mr. Gibbs? Yes. Vice Mayor Kay? Yes. Ms. Lamb? Yes, ma'am. Mr. McCurran? Yes, ma'am. Mr. Maloney? Yes, ma'am. And Ms. Massadi. Thank you, that motion passes. Will you please do first reading of ordinances for us? Item five, an ordinance changing the zone from single family residential R1C zone to a townhouse residential R1T zone for 1.885 net 1.21 gross acres for property located at 375 Pasadena Drive, JLG Land Company, Council District 10. Item six, an ordinance amending section 25-172J of the code of ordinances related to the disclosure under the Ethics Act to remove the obligation to provide the name and addresses of all boards, commissions, and nonprofits, and charitable organizations in which an officer or an immediate family member of an officer has made a donation from the statement of financial interest effective upon passage of council. Item seven, an ordinance amending certain of the budgets of the Lexington and Fayette urban county government to reflect current requirements for municipal expenditures and appropriating or reappropriating funds, go to number 19. Number eight, an ordinance amending portions of chapter 26 of the Lexington and Fayette urban county code of ordinances related to rural land management. To clarify the definition of development rights, amend board membership to increase the number of board members from 13 to 16, including adding one council member to the board and update the organizations that nominate members. Prohibit a member of the board from submitting an application to sell a conservation easement while a member of the board. Or for one year after serving on the board and amend application procedures and appraisal procedures to delete reference to the landowner obtaining an independent appraisal. Number nine, an ordinance amending section 17C-3 of the code of ordinance to amend the definition of annual general permit and facilities. And include definitions for communications facility, poll, small wireless facilities, support structure, tower, town, branch, commons, wireless facilities, and wireless services. amending section 17C7C to include towers and support structures amending section 17C-19E. To include adherence to the development plan for the town branch commons and aesthetic standards. And the criteria for obtaining installation permits creating section 17C-19.2 to provide said aesthetic standards. Amending section 17C-20 to change the title and include towers and support structures amending section 17C-21.1. To include towers and support structures amending section 17C-22B. limit annual general permit fees for small wireless facilities including section 20c-29 to include the standards for underground facilities, above ground facilities, construction and restoration in the town branch commons. Thank you. Thank you. Are there any motions for walk-ons? I see none. Are there, let's see, any motions for second reading to suspend the rules and give second reading? I see none. All right. Will you go ahead then and give second reading to resolutions? Item 1. A resolution opposing a moratorium on zone map amendment applications and demolition permits for all properties located within the proposed Pensacola Park area historic district H1 Overly Zone. More specifically defined as the following properties. 1733 to 1915 Nicholasville Road. Odd addresses only. Excluding 1847 Nicholasville Road. Tessipee Drive, no addresses, 96 to 171 Goodrich Avenue, 101 to 224 Lackawanna Road, 1855 to 1859 Norfolk Drive, 101 to 177 Penn Moken Park, 1847 to 1877 Pensacola Drive, excluding 1871 Pensacola Drive, 108 to 189 Rosemont Garden, 105 to 177 Suburban Court, and 101 to 166 Wabash Drive, directing the Division of Planning to refuse to accept and process applications for a zone change and directing the Division of Building Inspection to refuse to accept applications for demolition permits for these properties, establishing the purpose of this moratorium is to give the Planning Commission and the Urban County Government time to consider and take final action on an H-1 overlay zone application to be initiated by the Planning Commission for these properties and setting the duration of the moratorium to be six months or until the Council takes final action on the proposed Pensacola Park area H-1 overlay zone, whichever event occurs first. item two a resolution accepting the bid of iron armor llc establishing a price contract for wavetronics detection cabinet interface equipment for the division of traffic engineering item three a resolution accepting the bid of waste quip establishing a price contract for open top containers rebid for the division of waste management item four resolution accepting the bid of dtc computer supplies establishing a price contract for media storage tape cartridges for the the division of computer services item five a resolution authorizing the mayor on behalf of urban county government to execute a change order number one to the agreement with the Judy Construction Company for the town branch wastewater treatment plant primary digester complex improvements project increasing the contract price by the sum of $53,958.58 from $9,746,750 to $9,800,708.58. Item six, a resolution authorizing the director of the mayor on the behalf of the urban county government to execute contract modification number three to the agreement with Gresham, Smith, and partners for additional Town Branch Commons Corridor design services, increasing the cost of the contract price by the sum of $8,164, from $3,115,654.39 to $3,123,818.39. Number seven, a resolution authorizing and directing the mayor on behalf of the Air Mechanic Government to execute and submit various grant applications to the Kentucky Transportation Cabinet to provide any additional information requested in connection with these grant applications and to accept these grants if these grants are awarded, which grants funds are in the amount of $783,576,000, $392,000 to FHWA planning, $488,400 to federal administration section 5303, $143,992 mobility office, and $123,592 to air quality, $75,192 to bike pet planning, federal funds, and are for the fiscal year 2020 transportation planning activities under the unified work program, the acceptance of which obligates the urban county government for the expenditure of $171,393 and authorizing the mayor to transfer unaccumbered funds within the grant budget. Number eight, a resolution authorizing the mayor on behalf of the urban county government to execute an internet service contract with QX.net to increase internet speeds at the Dr. Samuel Brown Health Center at a cost mark to exceed $1,995 in fiscal year 2019 and $4,788 annually thereafter. Number nine, a resolution establishing Krause Associates Incorporated, DBA, a.k. Associates, A sole source provider of telephone technology and equipment manufactured by Solocom Technologies Incorporated and Exocom logging recorders for the Division of Enhanced 9-1 and authorizing the mayor or her designee on behalf of the urban county government to execute any necessary agreements with Crouse Associates Incorporated, DBA aka Crouse Associates related to the procurement of these goods and services. Number ten, a resolution approving pursuant of KRS 67.720 and Section 22-55.1 of the code of ordinances, the bond with surety of Donald W. Blevins Senior County Judge Executive in the amount of $10,000 and directing the Division of Risk Management to record the bond with surety along with a certified copy of this resolution in the office of the Fayette County Clerk. Item 11, a resolution authorizing and directing the mayor on behalf of the urban county government to execute an amendment to the agreement with the Fayette County Commonwealth Attorney's Office in extending the period of performance through June 30th, 2019 and matching $20,178 federal funds and reducing local matching funds by $17,452 at no cost to the urban county government. Item 12, a resolution authorizing the mayor on behalf of the urban county government to execute an agreement with Cumulus Broadcasting to provide rounds of golf at golf courses owned by the urban county government at no charge in exchange for radio advertisement for the golf courses. Number 13, a resolution authorizing the mayor on behalf of the urban county government to execute a multi-year lease agreement with Xerox Corporation LTD for a printer, including upgrades, equipment, supplies, and maintenance services for the Division of Computer Services at a cost not to exceed $25,640.68, including a per-copy charge of .0064. Thank you. Next is a public hearing for amendments to the 2014, 2015, and 2018 Annual Action Plans. This, as you will see, Council Members, is number 14. Charlie Lanter is here if you have any questions. The public hearing is now in session. Are there any comments about this item from the public? Are there any comments from council members? All right seeing none the public hearing is now closed and if you would continue second reading of resolutions. Thank you. Item 14, a resolution approving and adopting substantial amendments to the 2014, 2015, and 2018 annual action plans decreasing funds for the single family housing rehabilitation program, $247,689.05 and reallocating those funds to the Meadows, Northland, Arlington Public Facilities Project, $247,689.05. And authorizing the mayor to transfer unencumbered funds within the grant budget. Item 15, a resolution ratifying the permanent classified civil service appointments of Nicholas Thornton, Equipment Operator, Grade 510N, 15.547, hourly in the Division of Streets and Roads, effective January 9th, 2019. Sandra Lopez, Administrative Officer Senior, Grade 526E, 3025.82 biweekly in the Department of General Services, effective June 11th, 2018. Christopher Linton, Project Program Manager, Grade 527E, 3375.68 biweekly in the Department of General Services, effective January 9th, 2019. Teresa Greider, Administrative Officer, Grade 523E, 3175.68 biweekly in the Division of Facilities and Fleet Management, effective December 11, 2018. Edward Estill, Custodial Worker, Grade 505N, 12.885 hourly in the Division of Facilities and Fleet Management, effective February 6, 2019. And Joshua Evans, Social Worker Senior, Grade 516E, 1610.56 biweekly in the Division of Youth Services, effective February 27, 2019. Item 16, a resolution authorizing and directing the mayor on behalf of the urban county government to execute a safe place site, agreement with Arbor Youth Services Incorporated, allowing the Family Care Center to be designated as a safe place site. And it costs not to exceed $150. 17, a resolution authorizing and directing the mayor on behalf of the urban county government to accept a grant from Kentucky Education Fund for handicapped children which grants funds are in the amount of 10,000 Commonwealth of Kentucky funds and offer therapeutic recreation activities and programs for disabled persons and the acceptance of which does not obligate the looks and the urban county government for the expenditure of funds. Item 18, a resolution authorizing the mayor on behalf of the urban county government to execute an agreement awarding a Class A neighborhood incentive grant to Friends of Wolf Run Incorporated for stormwater quality projects at a cost of $62,391.20. Item 19, a resolution authorizing and directing the mayor on behalf of the urban county government to execute supplemental agreement number two with Kentucky Transportation Cabinet for the acceptance of additional federal funds in the amount of $400,000 for the utilities phase of the Brighton Trail Pedestrian Bridge Project, The acceptance of which obligates the urban county government for the expenditure of $100,000 as a local match. Item 20, a resolution authorizing the mayor on behalf of the urban county government to execute an agreement with professional recovery consultants incorporated, awarded pursuant of RFP 35-2018 debt collection services, and any other necessary documents for performance of debt collection and related services at a cost based upon 17 and 85 100% contingency fee on amounts collected. And finally, 21, a resolution amending Section 2.102 of Appendix A, Rules and Procedures of Lix-Land-Fair Urban County Council to require that chairpersons and vice chairpersons of standing committees attend parliamentary and training within a year of being selected as organized by the council office effective upon passage of council. Thank you. Thank you very much. Do I hear a motion to approve second readings? So moved. Second. Vice Mayor Kay moved and Council Member Plowman seconded. Will you call the roll, please? Ms. Plowman? Ms. Reynolds? Yes. Mr. Worley? Madam Clerk, please mark me as recused for number one for reasons previously stated and yes for the others. Thank you. Ms. Bledsoe? Mr. Fred Brown? No on number one and yes on the rest. Mr. James Brown. Yes for all. Mr. Ellinger. Recuse on one, yes on the rest. Ms. Evans. Recuse on one, yes on the remainder. Mr. Farmer. No on one, yes on the rest. Mr. Gibbs? Yes. Vice Mayor Kay? Yes. Ms. Lamb? Yes. Mr. McCartan? Yes. Mr. Maloney? Yes. And Ms. Massadi? No, I'm not. Yes, I'm not. Okay. Can you please give us an update on number one? There were three recusals and how many no's? Were there three? Three no's and three recusals. Okay. All right. Those all pass. Will you please give first reading to the resolutions? Item 22. A resolution authorizing the mayor on behalf of the urban county government to execute a consultant services agreement with EOP architects the design services of the government center building and envelope evaluation services, and it costs not to exceed $64,000. Item 23, a resolution authorizing and directing the mayor on behalf of the urban county government to execute the designation of applicant's agent resolution designating Charles Lanter, director of the division of grants and special programs. As the urban county government's authorized agent for the purpose of obtaining certain federal financial assistance under the disaster relief act or the president's disaster relief fund. Item 24, a resolution authorizing the mayor on behalf of the urban county government to execute a consultant services agreement with EHI consultants for the design services of the new salt barn site assessment and feasibility study at a cost not to exceed $28,000. 25, a resolution establishing Lexington Community Radio as a sole source provider for educational and informational messaging and community engagement for the Division of Emergency Management and authorizing the mayor or her designee on behalf of the urban county government to execute any necessary agreements with Lexington Community Radio related to the procurement of these goods and services at a cost on $15,000. Number 26, a resolution authorizing directing the mayor on behalf of the urban county government to execute a professional services agreement with Dr. Ryan Stanton for service as medical director of emergency medical services. At a cost not to exceed $23,600 for fiscal year 19 with a future fiscal year impact of $94,500. 27, a resolution authorizing the mayor on behalf of the urban county government to execute an agreement with Girls on the Run Central Kentucky for $1,000 for the office of the urban county council. At a cost not to exceed the sum stated. 28, a resolution accepting the bid of Janie King of Lexington establishing a price contract for custodial services for the Coroner's Office for the Division of Facilities and Fleet Management. 29, a resolution accepting the bid of Janie King of Lexington establishing a price contract for custodial services for the Wellness Center for the Division of Fleet Services. Item 30, a resolution accepting the bid of Riley Oil Company establishing a price contract for bulk fuel for the Division of Facilities and Fleet Management. 31, a resolution accepting the bid of Paul Miller Ford Incorporated in the amount of $34,861 for Ford F-250 in the Division of Facilities and Fleet Management. Item 32, a resolution accepting the bid of Bywater Farm and Greenhouse LLC in the amount of $25,623 for annual flowers for the Division of Parks and Recreation. Item 33, a resolution accepting the bid of Bluegrass Contract Incorporation in the amount of $2,210,140.50 for the Southland Drive Sidewalk Project for the Division of Engineering and authorizing the mayor on behalf of the urban county government to execute an agreement with bluegrass contract incorporation related to the bid. 34, a resolution accepting the bid of John Bell Construction LLC in the amount of $40,600 for roof structure over existing slab at Lansdowne Merrick for the division of Parks and Recreation. 35, a resolution accepting the bid of Air Ramsco, incorporated in the amount of $99,230.66 for a powered air purifying respirator system for the division of emergency management 911. Item 36, a resolution accepting the bid of Omni Commercial LLC in the amount of $179,000 for renovation of Thompson Road Park for the division of grants and special programs and authorizing the mayor on behalf of the urban county government to execute any, an agreement with Omni Commercial LLC related to the bid. And item 37. A resolution providing the probationary classified civil service appointments of Joseph Happy, treatment plant operator, grade 515 and 21.788 hourly in the division of water quality effective March 25th, 2019. John Michael Caslow, environmental inspector, grade 516 and 19.737 hourly in the division of water quality effective March 11th, 2019. And Edward Mullins, building inspector, grade 517 and 23.054 hourly in the division of building inspection effective March 25th, 2019. Ratifying the permanent classified civil service appointments of Johnny Stone, trades worker senior, grade 511, 16.105 hourly in the division of streets and effective February 20, 2019. Clayton Helvey, Associate Traffic Engineer, Grade 520E, 1919.20, biweekly in the Division of Traffic Engineering, effective March 4, 2019. Michelle Diaz, Staff Assistant, Grade 50AN, 14.918, hourly in the Division of Police, effective February 20, 2019. Harold Bailey, Planner Senior, Grade 521N, 25.190, hourly in the Division of Planning, effective February 20, 2019. And Grace Coy, Planning Technician, Grade 514N, 18.260, hourly in the Division of Planning, Effective February 27, 2019 in ratifying the probationary sworn appointments of Christopher Sizemore. Police Sergeant, grade 315 and 31.772 hourly in the division of police, effective March 18, 2019 in ratifying the unclassified civil service pay increase to the office of the urban county council, Christina Baker, Aids to Council, grade 518E from 2076.93 biweekly to 2307.69 biweekly, effective February 18, 2019. Item 38. resolution authorizing the division of human resources to make a conditional offer to the following probationary classified civil service appointments. William Jones, environmental inspector, grade 516N, 19.831, hourly in the division of water quality, effective March 18, 2019. Deirdre Norris, landfill inspector, grade 509N, 15.664, hourly in the division of waste management, effective upon passage of council, and Devonda Williams, social worker, grade 513E, 1471.92, biweekly in the division of adult and tenant services, effective March 25, 2019. Authorizing the division of human resources to make a conditional offer to the following probationary community corrections officer appointments. Andrew King, Korea Lockett, Sharon White, Henry Hudson, William Patrick, and Tim Kelly, all community corrections officer recruit grade 110 and 15.384 hourly in the division of community corrections. Effective upon passage of council and authorizing the division of human resources to make a conditional offer to the following unclassified civil service appointments. Maria Sloan, overdose prevention project coordinator, grade 519 and 25.514 hourly in the division of fire and emergency services. Effective March 18, 2019, Amari Faith, Family Support Worker Senior, Grade 514N, $19 hourly in the Division of Family Services, effective March 25, 2019. And Don Runyon, Program Specialist, Grade 513N, 19.250 hourly in the Department of Social Services, effective April 8, 2019. Item 39, a resolution authorizing and directing the mayor on behalf of the urban county government to execute a confidentiality agreement with ADT Security Services for client protection. Item 40, a resolution authorizing the mayor on behalf of the urban county government to execute an extension deposit agreement with Kentucky American Water and all other documents necessary for the extension of a water main to serve the West Hickman 7 pump station at a cost estimated not to exceed $22,831. 41, a resolution authorizing the mayor on behalf of the urban county government to execute change order number one to the agreement with Hazen and Sawyer PSC for investigation design and construction inspection services for the West Hickman Waste Water Treatment Plant Final Clarifiers number seven and structural repair project increasing the contract price by the sum of $5,250 from $179,835 to $185,085. Item 42, a resolution authorizing the division of solid waste on behalf of the urban county government to purchase wire tie system from Accent Wire, a sole source provider at a cost of $50,000. 43, a resolution authorizing and direct the mayor on behalf of the urban county government to execute a memorandum of understanding with seed leaf for Diversion of organic materials from the landfill-bound waste stream at a cost not to exceed $20,000. 44, a resolution authorizing and directing the mayor on behalf of the urban county government to execute and submit a grant application to the Kentucky Department of Environmental Quality Division of Waste Management and to provide any additional information requested in connection with the grant application. And to accept this grant if the application is approved, which grant funds are in the amount of $101,745 Commonwealth of Kentucky funds, are for the support of household hazardous waste recycling event, the acceptance of which obligates the urban county government for the expenditure of $25,436.25 as a local match and authorizing the mayor to transfer unencumbered funds within the grant budget. 45, a resolution authorizing the mayor on behalf of the urban county government to execute a change order number one to the agreement with Pentecost Mechanical Services Incorporated for the Phoenix Cooling Tower contract, increasing the contract price by the sum of $14,216 From $175,343 to $189,559. 46, a resolution authorizing and directing the mayor on behalf of the urban county government to execute an access agreement with Carter Creative Incorporated for filming of the mounted unit. 47, a resolution authorizing the division of police on behalf of the urban county government to accept Thoroughbred Aviation Bell Helicopter Service as a sole source provider for service of the police helicopter. 48, a resolution authorizing and directing mayor on the behalf of the urban county government to execute an agreement with Hendley, Elam, and Associates to host the backup web EOC servers SQL data for the Division of Emergency Management at a cost not to exceed $9,172. 49, a resolution authorizing directing mayor on behalf of the urban county government to execute change order number four to the contract with unique security for the jail security solution for the Division of Community Corrections, increasing the contract price by the sum of $122,214.90 from $3,393,620.33 to $3,515,835.23. Item 50, a resolution authorizing the mayor on behalf of the urban county government to execute supplemental agreement number two with the Kentucky Transportation Cabinet for the acceptance of additional federal funds in the amount of $49,600 for the Armstrong Mill Road sidewalks project design phase, the acceptance of which obligates the urban county government for the expenditure of $12,400 as a local match. 51, a resolution authorizing the mayor on behalf of the urban county government to execute contract modification number one to the agreement with integrated engineering, PLLC, for design of the Armstrong Mill sidewalk project, increasing the contract price by the sum of $61,170 from $120,999 to $182,116. Item 52, a resolution authorizing and directing the mayor on behalf of the urban county government to accept a grant from the Kentucky Transportation Cabinet, which grants funds are in the amount of $1,891,060 federal funds and are for the remaining phases of the town branch commons trail under the congestion mitigation and air quality control program. The acceptance of which obligates the urban county government for the expenditure of $524,000 as a local match to execute all necessary documents required for the acceptance of those funds and authorizing the mayor to transfer unencumbered funds within the grant budget. 53, a resolution authorizing and directing the mayor on behalf of the urban county government to accept a grant from a Kentucky Transportation Cabinet with grant funds are in the amount of $2,495,418 federal funds. And are for the remaining phases of the town branch common trail under the transportation alternatives program. The acceptance of which obligates the urban county government for the expenditure of $516,855 as a local match to execute an agreement with Lex Tran as a grant partner. To execute all necessary documents required for the acceptance of these funds. And authorizing the mayor to transfer unencumbered funds within the grant budget. 54, a resolution authorizing the urban county government to enter into a stipulation and recommendation and any other necessary related documents in Kentucky Public Service Commission case number 2018-00294, pertaining to the rates of Kentucky Utilities Company. 55, a resolution authorizing the mayor on behalf of the urban county government to execute a memorandum of agreement with the Lexington Center Corporation and the Kentucky High School Athletic Association, Athletic Museum Foundation Incorporated to provide catering management services for the hospitality suite at 2019 Whittaker Bank KHSAA Boys Suite 16 basketball tournament. And the KHSAA Girls Suite 16 basketball tournament at a cost not to exceed $40,000. 56, a resolution authorizing the Department of Law to institute condemnation proceedings in circuit court to obtain a fee simple interest in and a temporary construction easement on portions of the property located at 2285 Versailles Road for Versailles Road Corridor Improvement Project, Sections 1 and 2. 57, a resolution authorizing the Department of Law to institute condemnation proceedings in Fayette Circuit Court to obtain a fee simple interest in and a temporary construction easement on portions of the property located at 2284 Versailles Road and Versailles Road for the Versailles Road Corridor Improvement Projects, Sections 1 and 2. And finally, 58, a resolution authorizing the Department of Law to institute condemnation proceedings in Fayette Circuit Court to obtain a fee simple interest in and temporary construction easement on portions of the property located at 2301 Versailles Road for the Versailles Road corridor improvement project section 1 and 2. Thank you. Thank you very much. Are there any walk-ons? Seeing none. Oh excuse me Councilmember Worley did you have a walk-on? No I was I was teeing up for the next one. Okay. Okay. I have two, four, six, about ten already for second readings. So we'll just take them in order one at a time. And so those, let's see, Council Member Worley, did you have suspension of the rules? Yes, ma'am. Thank you, Mayor. All right. Move to suspend the rules, give second reading to number 27. Those are NDFs. So I move. Second. Vice Mayor Kay seconded. All those in favor say aye. Aye. Anyone opposed? All right. That motion passed. Was that all? Council Member Worley? Okay. Council Member, oh, excuse me. You're next up, Vice Mayor. Kay? Thank you, Mayor. I'm requesting suspension of the rules to give second reading to number 54, which is the matter that's before the Kentucky Public Service Commission and is very timely. So moved. Second. Second by Councilmember Massadi. Any discussion? All those in favor say aye. Aye. Anyone opposed? That motion passes. Councilmember Lamb. Thank you, Mayor. I have actually three of them and one, the first is from the administration. It's item number 25, resolution number 25, and all of these are timely, so they're time sensitive. And the second item is 42, which has to do with the solid waste, the wire tie system for accent wire. Number 44 is the grant application for the Kentucky Department of Environmental Quality. and I so move to suspend the rules on those three, please. All right. Council Member Lamb moved to suspend the rules on 25, 42, and 44. Council Member Farmer seconded. Any discussion? All those in favor say aye. Aye. Anyone opposed? That motion passes. Council Member Maloney. Thank you, Mayor. On behalf of the administration, they request the number 55 to have a second reading for the Sweet 16 basketball. So moved. Council Member Maloney moved. Council Member Farmer seconded. Number 55, is there any discussion? All those in favor, please say aye. Aye. Anyone opposed? That motion passes. And Council Member Farmer. Thank you, Mayor. Given precedent, I have four. The first one is number 34 at the top of page 10. This lets us get on with the roof structure at Lansdowne Merrick Park before the end of the season. So number 34 for two. And then when you come back to 56, 57, and 58, these are items we discussed on Tuesday to begin some condemnation proceedings for a Corridors Improvement Project on Versailles Road. So it's a motion for two readings of 34, 56, 57, and 58. So moved. Second by Council Member Plowman. Is there any discussion? All those in favor, please say aye. Aye. Anybody opposed? That motion passes. Thank you very much. Thank you. Council Member James Brown, did you have a couple? Yes, ma'am. Thank you, Mayor. I'd like to make a motion to suspend the rules and give second reading to number 32, which allows parks to accept a bid for the annual flowers, and then also number 38 resolution regarding conditional offers so move second by councilmember Plowman is there any discussion all right all those in favor please say aye anyone opposed that motion passes now do do we need to review we have uh... twenty five thirty two thirty four thirty eight excuse me twenty seven is in there forty two forty four fifty four fifty five fifty six fifty seven and fifty eight uh... will you please uh... give second reading Item 27, a resolution authorizing the mayor on behalf of the urban county government to execute an agreement with Girls on the Run Central Kentucky $1,000 for the office of the urban county government at a cost not to exceed the sum stated. 25. Oh, and 25, sorry, thanks. 25, a resolution establishing Lexington Community Radio as a sole source provider for educational and informational messaging and community engagement for the Division of Emergency Management and authorizing the mayor or her designee on behalf of the urban county government to execute any necessary agreements with Lexington Community Radio related to the procurement of these goods and services at a cost not to see $15,000. Item 32, a resolution accepting the bid of Bywater Farm and Greenhouse LLC in the amount of $25,623 for annual flowers for the Division of Parks and Recreation. Item 34, a resolution accepting the bid of John Bell Construction LLC in the amount of $40,600 for the roof structure over existing slab at Linsdown Merrick for the Division of Parks and Recreation. Item 38. A resolution authorizing the division of human resources to make a conditional offer to the following probationary classified civil service appointments. William Chase Jones, Environmental Inspector Grade 516N, 19.831, Hourly in the Division of Water Quality, effective March 18, 2019. Deirdre Norris, Landfill Inspector Grade 509N, 15.664 Hourly in the Division of Waste Management, effective upon passage of counsel. And Devonda Williams, Social Worker, Grade 513E, 1471.92, biweekly, in the Division of Adult and Tenant Services, effective March 25th, 2019. Authorizing the Division of Human Resources to make a conditional offer to the following probationary community corrections officer appointments. Andrew King, Korea Lockett, Sharon White, Henry Hudson, William Patrick, and Tim Kelly, all community correction officer of Creek, Grade 110N, 15.384, hourly in the Division of Community Corrections, effective upon passative counsel. And authorizing the Division of Human Resources to make a conditional offer to the following unclassified civil service appointments. Maria Sloan, Overdose Prevention Project Coordinator, Grade 519N, 25.514 hourly in the Division of Fire and Emergency Services, effective March 18, 2019. Amari Faith, Family Support Worker Senior, Grade 514N, $19 hourly in the Division of Family Services, effective March 25, 2019. And Don Renyan, Program Specialist, Grade 513N, 19.250 hourly in the Department of Social Services, effective April 8, 2019. Okay, and number 42. A resolution authorizing the Division of Solid Waste on behalf of the Urban County Government to purchase wiretie system from Accent Wire, a sole source provider, at a cost to exceed $50,000. $44, excuse me. A resolution authorizing Directive Mayor on behalf of the Urban County Government to execute and submit a grant application to the Kentucky Department of Environmental Quality, Division of Waste Management, and to provide any additional information requested in connection with this grant application, and to accept this grant application if the application is approved. which grant funds are in the amount of $101,745 Commonwealth of Kentucky funds and are for the support of household hazardous waste recycling event, the acceptance of which obligates the urban county government for the expenditure of $25,436.25 as a local match, and authorizing the mayor to transfer unencumbered funds within the grant budget. 54. A resolution authorizing the urban county government to enter into a stipulation and recommendation and any other necessary related documents in Kentucky Public Service Commission case number 2018-00294 pertaining to the rates of Kentucky Utilities Company. Item 55, a resolution authorizing the mayor on behalf of the urban county government to execute A memorandum of agreement with the Lexington Center Corporation and the Kentucky High School Athletic Association, Athletic Museum Foundation Incorporated to provide catering management services for the hospitality suite at the 2019 Whittaker Bank KHSAA Boys Suite 16 basketball tournament and the KHSAA Girls Suite 16 basketball tournament at a cost not to exceed $40,000. 56, a resolution authorizing the Department of Law to institute condemnation proceedings in circuit court to obtain a fee simple interest in, in a temporary construction easement on portions of the property located 2285 for sales road for the Versailles Road corridor improvement project sections one and two. Item 57, a resolution authorizing the Department of Law to institute condemnation proceedings in Fiat Circuit Court to obtain a fee simple interest in and a temporary construction easement on portions of the property located at 2284 for sales road for the Versailles Road corridor improvement project section one and two. And finally 58, a resolution authorizing the Department of Law to institute condemnation proceedings in Fiat Circuit Court to obtain a fee simple interest in and temporary construction easement on portions of the property located at 2301 for sales road for the for sale for the first sales road corridor improvement projects section one and two. Thank you. Thank you. Motion by council member Farmer, second by council member Ellinger. To approve, will you please call the roll? Ms. Plowman? Yes. Ms. Reynolds? Yes. Mr. Worley? Yes ma'am. Ms. Bledsoe? Mr. Fred Brown? Mr. James Brown? Yes. Mr. Ellinger? Yes ma'am. Ms. Evans? Yes. Mr. Farmer? Yes ma'am. Mr. Gibbs? Yes. Vice Mayor Kay? Yes. Ms. Lamb? Yes, ma'am. Mr. McKern? Yes, ma'am. Mr. Maloney? Yes, ma'am. And Ms. Massadi? Yes. Thank you. All of those pass. Next is communications from the mayor. Do I hear a motion? So moved. Second. I missed the motion. Was it Councilmember Plowman? Yes. Thank you very much. Vice Mayor Kay seconded. And is there any discussion? All right. All those in favor, please say aye. Aye. Anyone opposed? That motion passes. The next part is communications from the mayor for your information only. And then we have another public hearing. Next is a public hearing for the proposed development plan for the fountains at Palomar TIF Development District. This is the first step in a TIF approval process. Bruce Simpson, attorney, will be present, and I see him back there, to answer any questions if needed. The public hearing is now in session. Are there any comments from the public? I see none. Are there any comments from council members? No? All right. The public hearing is now closed. Thank you very much. There are no police and fire disciplines tonight. Council members, we'll open the floor to any announcements that you have if you'll log in, please. No announcements? All right. Now, we'll move to public comment, and we have several people signed up for public comment, and this is a time for you to express your opinion. And the rules are that you have three minutes to speak, and you need to state your name and address for the record. So the first person is Terry Stout. Are you here? Okay. Is Terry Stout here? No. All righty. Next up is Sarah Williams. and first I need to ask to see Tina Durbin, if you'll stand up, Tina. Okay, you've given your three minutes to Sarah. Thank you. And if Lydia Azad could please stand up. She had to leave. Okay, you have to be in the council chamber to give your time to a speaker. So, and then, let's see. I'll move it. What is your name? Can you? Did you sign up? But somebody left up here. You can have my three minutes. Okay. Danny Mayor. I'll put you on the list. All right. And your time will go to Sarah. So, Sarah, you have 12 minutes. Thank you. Nine minutes, excuse me. Thank you. My name is Sarah Williams. I live at 551 West 6th Street, Apartment 73. And there are a group of us that are here tonight to address what has been an issue since February 2nd, since Chaplain Donovan Stewart, also pastor of the Missing Church, held at the FOP Lodge, mercilessly beat an autistic teenager at Fayette Mall on February 2nd. And so we have made some communications through email from community members, from local organizations with concerns to you all to express the fact that, yes, we understand that there's an investigation going on within the police department. And there's a 60-day time limit on that. And you all were informed by this gentleman, whose name I don't remember, at the committee of the whole meeting on police disciplinary action, that you all are to make no public comment in the meantime while that investigation is going on. Right? What we do know from the video, though, is that Chaplain Donovan Stewart, one is a chaplain and a pastor who is supposed to be spiritual leader of the Lexington Police Department, had uncontrollable rage and anger that was unleashed on an autistic teenager. He closed fist punched this teenager, if you have not bothered to view the video, several times in the upper torso, head, and face. Some of this is obscured by the video, but we can clearly see at the end of it, after he's used all his physical strength to do so in punching this child, that it lands to the back of this child's head. Mind you, in this same video, while this 60 day investigation is going on, in this same video, we have a bystander that is so disturbed by what they are witnessing being done to this child, that they remove this officer's hands from the child. So without investigation, we know that no matter what area you may be employed in, I worked six years as a registered nurse, part of that was on the psych floor at Good Sam. So I've had plenty of experience with people who might not be responding what you would be considered appropriately and may be responding violently. And at no point in any other position than as a police officer in Lexington, Kentucky, would you be able to do this to somebody without immediate disciplinary action, right? And so, yes, we want Officer Donovan Stewart fired. He does not need to be the spiritual leader of the Lexington Police Department. Any major tenant, any main tenant of any major organized religion or spirituality is love. That was not love. I know when working six years as a registered nurse and part of that at Big UK and at Good Sam and throughout St. Louis and San Francisco, that you call the chaplain to help calm down the situation, not escalate the situation, okay? There's no amount of training that can address his inability to control his anger, obviously. He's been with the police department for quite some time in the position of chaplain and He's also a pastor and if those years of practice haven't gotten him to respond better, he does not need to be on the force. That is direct threat to the safety of our children, especially our children with special needs. I have a one and a half year old daughter with a brain injury that affects her ability to respond to her environment around her. And I promise you had that been my child, I would either be dead or I would be locked up for my response. And that without you all being able to do anything while we're waiting on this 60 day investigation, What we do need to deal with, Mayor Gordon, all of you on city council, is the fact that we have a collective bargaining agreement in place that leaves no, no accountability at all at any point. For the election of police department when it comes to police disciplinary action, whether it's to the mayor, whether it's to city council, or whether it's to community members. That current collective bargaining agreement is where we're messed up, okay? Because there are two FOPs here in Lexington. I've done hours of research. I have two masters degrees that help me complete this research, okay? We have two FOPs here in Lexington. One FOP represents corrections officers and the sergeants. The other FOP represents Lexington Police Department. When it comes to corrections officers, city council, and the mayor, you all get input on their disciplinary action. But somehow, when we come to collective bargaining agreement with Bluegrass Paternal Order of Police, Lodge number four, nobody gets any input until after the disciplinary review board, totally appointed within the Lexington Police Department and the Fraternal Order of Police Lodge, decide what they want to do. And if the officer involved doesn't accept that agreement, then it comes before you all with limited information. And it's only been in the past year that you've actually added those police disciplinary actions to the docket. Okay? Kentucky State Law. You said this in the meeting that you had with the Committee of the Whole. Kentucky State Law anticipates a hearing for police disciplinary action before a legislature body. Local ordinances here for the City of Lexington anticipates a hearing of police disciplinary action before the city council. But somehow, when we come to collective bargaining agreement that has several members of the FOP and several members of the LPD present, we have the mayor or somebody who gets appointed by the mayor of a local law firm to be the sole person negotiating this collective bargaining agreement. How in the H-E-L-L does that come about when we have over half our budget, half of the taxes that we pay to this city go towards public safety? And we have one person who gives input on that collective bargaining agreement? If you don't understand that the collective bargaining agreement dictates the policy of the Lexington Police Department, I would ask you to go educate yourself. I have done hours of research, so I promise you, we will be back. We will continue to contact you. This is going to be a long process, okay? My two master's degrees, long story short, were spent deconstructing white supremacy. And there's an intimate relationship between white supremacy, manifest destiny, and Christianity. And Officer Donovan Stewart put that on full display February 2nd at Fayette Mall, okay? And I'm going to reference one thing that Cornell West is known for saying that we have used throughout our organizing here in Lexington. Justice is what love looks like in public. And deep democracy is justice in action. We do not have deep democracy at the moment. When one person, council years ago, recognized when the collective bargaining agreement was put in place in 2004, that having one sole person at this table with all FOP and LPD who obviously have their own interests at heart could easily be bought off or paid off. This was admitted in local newspapers. I have a document where I've put all of these newspaper clippings together. When collective bargaining agreement came about in 2004, it's because a change of interpretation in law. And you hand over all power to FOP and LPD with one input, community input from a lawyer, because of a change in interpretation of law. And then it's been discussed in city council as to whether or not you all should even vote on it because the way Kentucky law reads, you don't know if the mayor could go ahead and sign it with you all disagreeing. Well, you all voted some years ago to give yourself the power to vote on the collective bargaining agreement. And the collective bargaining agreement is due for renegotiation. It is up July 2020. So I know negotiations will start soon. And we are going to make sure as a community that our voices and our concerns are heard because we need police accountability. I mean, mind you, this is the same city that had a Mike Brown incident 20 years before Mike Brown occurred with Tony Sullivan. That officer had no accountability. He was able to resign. Look it up on Google, find the newspaper articles, and follow the trail. He was able to resign without having any amount of accountability to anybody in this city, okay? And go and move to Florida and join another police force. Officer Donovan Stewart does not need to be in place anymore for the sake of the safety of our children. And if for some reason you have watched that video or been made aware of other things in the investigation that the public can't find out about, and there's not something within you that is disturbed by seeing that, then you need to go home and think about why it is you even sit on this council. So we have a collective bargaining agreement that is up July 2020. We need you to understand, Mayor Gordon, that it's you sitting in the only seat that either gets to be present or appoints somebody to be present. That we must address the current situation of this collective bargaining agreement, and that there's only one input from the city at all. Because state law leaves some things open, local ordinance leaves some things open for either a legislative body or city council or a police civilian review board to be present in police disciplinary action. I think we have a problem across the country in which police are not being held accountable. You can easily do your own research to find out that if LPD and FOP, if the police department and the Fraternal Order of Police Lodge are the only one demanding accountability, they're not going to hold each other accountable. In the history of the police, I've written a long, extensive research paper. Is slave patrols up till now? We know that over-policing occurs in areas being gentrified, in areas of lower socioeconomic status. We know that there are crimes of poverty, right? Of not carrying insurance, things of this nature that end up getting us caught up in the court system. And there are several other instances that I wrap up beyond Donovan Stewart doing this, in which LPD wearing body cams have not had their body cams turned on appropriately to capture, Specifically, white male police officers acting inappropriately with the local community. This is not an isolated incident. It goes beyond that. You will be seeing many, much, much more of us in this process. Thank you, Ms. Williams. Next up is Winter Sherman. Please state your name and address for the record. You'll have three minutes. I'm Winter Sherman. I live at 3313 Lake Wales Court. I am a member of Autistics United Kentucky and the Autistic Self Advocacy Network. And as an autistic person, I've come also to speak on the assault that occurred last month at Fayette Mall by Officer Donovan Stewart. If you're not autistic, you'll never know the pain of seeing such a senseless act of brutality against an autistic person, especially a teenager, because we have all been there. All autistic people know the fear of interacting with these terrorists in blue who we know will invariably see our normal autistic behavior as suspicious or violent and may respond with the utmost violence if they feel threatened in any way if we fail to obey any order as an autistic person under duress. And for a black autistic person, the danger is only much greater. Will there be any justice at all for this innocent teenager who was brutally attacked by Donovan Stewart, whose only crime was being a teenage boy and being too rowdy and loud with his friends at the mall while being black? For this, he was met with a depraved act of brutality. Can we expect to see any justice whatsoever for this crime? I don't think anyone in the community has any hope because we all see how this goes here in Lexington and all over the country. The autistic community is demanding that you hold your police department accountable and meet the demands of the organizers. We implore you, City Council, Mayor Gordon, to listen to us, listen to the autistic community and the black community and all other victims of police brutality and oppression. listen to us and don't accept the police investigating themselves and finding themselves clear of all wrongdoing yet again. How many times are we expected to just swallow this and accept their lies as truth? We know that this kid did nothing wrong and could not possibly have done anything to deserve the violence he was met with. Black Lives Matter. Thank you. Excuse me. Excuse me. We generally don't have applause or things like that, if you don't mind to follow our rules. Thank you, Mr. Sherman. Ms. Sherman, thank you very much. Next up is April Taylor, and first I need to ask a couple of people who have given you their time to please stand to be sure you're here. Gail Kaler, thank you. And Bo, is it Rivette? Okay. All right. You're actually down the list on our, you're Mr. Price, correct? You're signed up, but you're a little bit farther down our list. Thank you. Thank you. and so Ms. Taylor if you'll please come to the podium and you have six minutes if you'll state your name and address please for the record. April Taylor 709 Bel Air Avenue. I'm of course here with those of us who believe that changes must be made to the police disciplinary procedure. I think Sarah did a pretty good job of explaining to you all how you all as council members can have input on that and should have input on it i'm sure you all have gotten emails calls from your constituents and that will continue this is not something that will let up i will uh point out that police in lexington most likely would not have body cameras if it was not for the organizing work that sarah and i and several other people did so i just want to hold that up that this will not go away no amount of intimidation or removing license plates in the middle of the night will make us go away either. I want to speak to the fact that I want to speak to the body cameras but I also want to speak just from my personal experience about what I've encountered as I've cop-watched in this city just in the last few weeks. And this is not an experience unique to me as a black woman. We also have a white woman who cop-watched and was actually kicked out of a local library simply for cop-watching. She was not interfering in the investigation. There was a man at the Russell Cave Library who had been dropped off there by a family member to fill out job applications and simply went into the restroom to relieve himself, got accused of drinking an alcoholic beverage in the bathroom, and then was followed and pepper sprayed and eventually arrested, they never did find an alcohol container. And the white woman who stayed there to film the incident, like I said, was told she had to leave the library. There's also two incidences that I've witnessed in front of Wild Fig on limestone. One of the things that I've been asking about for more than a year at this point is statistics that help us back up our lived experience, which is that there is an increase in racialized policing in gentrifying neighborhoods, particularly in the north side of Lexington. These two instances that I cop watched on Limestone were two black women who were pulled over, both not far from home, both for crime, we're not talking about speeding, we're talking again about crimes of poverty. which in my mind are not legitimate crimes. But in this first incident where I cop watched standing in front of the fig, I did not speak to the officers or to the woman who had been pulled over. They illegally searched her car. When they did not find anything, they stood in a circle and laughed about trying to remember why they had originally pulled her over. And then when they completed the stop, and as I said, I said nothing to the officers, nothing to the woman who had been pulled over. As the officer, and it was four officers for one woman, even though the police department consistently tries to tell us that protocol only calls for one or two cruisers and that somehow we can't count and that there are never three or four cruisers at one call unless there's a reason. So when this call came to an end, the officer who had initially pulled her over made a snide comment to me as he got in his car and then came over his loudspeaker to talk degradingly to me as he pulled away. These are things that I feel like you all probably are not aware of, but these are part of our lived experiences. Just because the police department goes through CLEA certification, implicit bias training, or whatever policy or procedure you all want to put in place to try to dress up what happens, the experiences we have on the street are racist and they are degrading. One of the things that I've encountered in trying to just ensure that statistics with police stops that involve me are accurate. I got pulled over for a seatbelt ticket, because you all apparently give grant money to officers for seatbelts, who ironically enough was parked at the old Lex Tran building, which I'm sure will be even a further tool of gentrification in the area. When he pulled me over, he marked that I was white on my citation. I did not want that citation to be used to further skew statistics that we have not been able to get from the police department about our lived experiences of increases in racialized policing. After coming to the Lexington Police Department, calling five Kentucky State Police posts, I finally went back to the officer, because he was still there handing out tickets, got to make that money, right, and asked him to correct my race. He told me he was not able to do that. I then wound up going down to the Fayette County Courthouse and decided that if they were not going to correct my race, they were going to count 2,500 pennies. At that point, they decided to send me up to the director of criminal prosecution, who threatened to put my seatbelt ticket in front of Judge Thornton, who's a known racist who apparently is so horrible at doing a job that she's the only sitting judge in Fayette County who has faced a contempt of court charge from a fellow judge. The man, once he realized I was recording him, asked me if I was a Christian and if I should turn the other cheek. Excuse me, I'm not going to turn the other cheek to a system and to a man who threatened to have my seatbelt ticket put in front of a judge, a felony judge at that, a circuit court judge, when all I wanted was my race corrected. They did eventually correct my race, but if you all support our city government and our police department existing in ways that make it that difficult for me as a citizen to be treated with dignity and respect and correctly labeled, there is something wrong. We need to change that. And this story that I've experienced is not unique in terms of what people face when they interact with police, and I just want you all to consider that. We'll be back. You'll have plenty more time to hear about my experiences with the Lexington Police Department and the racist judicial system. Thank you, Ms. Taylor. Next up is Robin Kunkel. I think Sarah A. Goldman would all sum up my thoughts. Thank you. Next is Carol Price. My name is Carol Motke Price, Jr., Environmental Commissioner. And I live at 845 Red Mile Road, apartment 18, the mark at Lexington. And I'm a University of Kentucky student. And also, I'm a veteran of the United States Navy. And I served aboard US Historic D.D. 988. And I was discharged honorably, and I served for a total of six years. Also, I have been having great care for the Veterans Administration here in Lexington, the VA Medical Center, Lexington VA Medical Center. And one of my concerns is that sometimes veterans who get discharged from the armed forces end up homeless. and end up homeless. And I am glad that there is a Veterans Administration that can help their veterans with their health care. And I would like to continue on seeing more programs for veterans so that they can get themselves back on track and moving forward and more programs for veterans who are homeless. And maybe there could be more social workers going out in the community to help veterans to stay out of trouble and to get off of alcohols and drugs. And I'm happy to say that I have been a volunteer at the VA Medical Center for a couple years, a while back. And the VA Medical Center has helped me a great deal with my healthcare. And I couldn't do anything without the VA Medical Center. I believe my three minutes is about up. Thank you, Mayor. Thank you, Vice Chair, Vice Mayor, and thank you, Council Members. Thank you very much and have a great day. Thank you, Carol Price. Tim Kondo. Is Tim still here? All right. Georgiana Strickland? Not here. All right. That completes our, oh, excuse me, TL-WISE. Are you still here? All right. That completes our sign-in list. Thank you very much for all your public comment. Council members, do I have a motion to adjourn? Second. All right. Thank you. Any discussion? All those in favor, say aye. Aye. We are adjourned.