# Urban County Council - October 22, 2020 > Auto-transcribed civic record · October 22, 2020 - **Permalink**: https://meetings.lexingtonky.news/meeting/5238 - **Source video**: https://lfucg.granicus.com/player/clip/5238?view_id=14&redirect=true - **Date**: 2020-10-22 - **Last revised**: October 22, 2020 - **Length**: 17,521 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 held a virtual meeting on October 22, 2020, at 6:00 PM, presided over by Mayor Gorton. The council addressed five agenda items during the session, taking four motions to a vote. No public comments were heard during the meeting. All items brought before the council received approval. The meeting began with approval of the minutes from the October 8, 2020 Council Meeting. The council then approved two budget amendments: one for Municipal Expenditures and another for Parks and Recreation. The council also approved the repeal of Article XI of Chapter 2. Finally, the council approved a bid for a rearloader. ## Attendance The following individuals were present at the meeting on October 22, 2020: * Mayor Gorton * Ellinger * Farmer * Higgins-Hord * Kay * Lamb * McCurn * Moloney * Mossotti * Plomin * Reynolds * Swanson * Worley * Bledsoe * F. Brown * J. Brown No members were absent or late. ## Votes and Decisions Four measures were voted on and passed unanimously during this meeting. **Ordinance 0991-20** — Amending budgets for municipal expenditures, FY 2021 Schedule No. 16. Motion by McCurn, seconded by Ellinger. Passed by roll call vote 15-0. All members voted in favor: Ellinger, Farmer, Higgins-Hord, Kay, Lamb, McCurn, Moloney, Mossotti, Plomin, Reynolds, Swanson, Worley, Bledsoe, F. Brown, and J. Brown. [timestamp: 6:00:00] **Ordinance 0993-20** — Amending budgets for $15,000 for a water fountain at Cardinal Run Park, Schedule No. 17. Motion by McCurn, seconded by Ellinger. Passed by roll call vote 15-0. All members voted in favor: Ellinger, Farmer, Higgins-Hord, Kay, Lamb, McCurn, Moloney, Mossotti, Plomin, Reynolds, Swanson, Worley, Bledsoe, F. Brown, and J. Brown. [timestamp: 6:00:00] **Ordinance 0975-20** — Repealing Article XI of Chapter 2 of the Code of Ordinances; removing the Keep Lexington Beautiful Commission from littering civil penalties. Motion by McCurn, seconded by Ellinger. Passed by roll call vote 15-0. All members voted in favor: Ellinger, Farmer, Higgins-Hord, Kay, Lamb, McCurn, Moloney, Mossotti, Plomin, Reynolds, Swanson, Worley, Bledsoe, F. Brown, and J. Brown. [timestamp: 6:00:00] **Resolution 0929-20** — Accepting bid of Worldwide Equipment, Inc. for Rearloader (Rebid). Motion by F. Brown, seconded by Reynolds. Passed by roll call vote 15-0. All members voted in favor: Ellinger, Farmer, Higgins-Hord, Kay, Lamb, McCurn, Moloney, Mossotti, Plomin, Reynolds, Swanson, Worley, Bledsoe, F. Brown, and J. Brown. [timestamp: 6:00:00] ## Budget and Financial Actions The meeting included approval of five financial actions totaling $352,623.18: **Catering Services Contract** Resolution 0750-20 approved a contract with Bateman Community Living, LLC, d/b/a TRIO Community Meals for catering services at the Family Care Center in the amount of $158,737.50. **Southland Drive Sidewalk Project Amendments** Two change orders were approved for the Southland Drive Sidewalk Project: - Resolution 0900-20 approved Change Order No. 2-Final with Palmer Engineering, Inc. for $4,300 - Resolution 0908-20 approved Change Order No. 3-Final with Bluegrass Contracting Corporation for $36,185.68 **Mobile Application Contract** Resolution 0905-20 approved a contract with QuickSeries for development of an iOS/Android BeReadyLexington mobile app in the amount of $4,800. **Professional Services Agreement** Resolution 0989-20 approved a Professional Services Agreement with Gresham Smith for work related to the Coldstream Industrial Park Site in the amount of $148,500. ## Appointments Harold Byrne was appointed to the position of Director of Community Corrections. ## Contested Items The October 22, 2020 meeting included two significant areas of disagreement among participants. **Public Comment Protocol** A heated discussion took place regarding the reinstatement of public comment during virtual meetings. The disagreement centered on balancing competing concerns about safety and inclusivity. Participants debated how to allow public participation while addressing safety considerations in the virtual meeting format. **Police Discipline Recommendations** A motion to amend the resolution regarding police discipline recommendations resulted in a split vote. The contentious nature of this item reflected concerns about transparency and timing. Disagreement arose over how the resolution should be structured and when it should be addressed, with participants divided on the appropriate approach to police discipline recommendations. ## Minutes of the October 8, 2020 Council Meeting The minutes from the October 8, 2020 Council Meeting were presented for approval. Key speakers on this agenda item included Farmer and Plomin. The minutes were approved unanimously by the council. [timestamp: 00:04:01] ## Amending Budgets for Municipal Expenditures The council considered ordinance 0991-20, which proposed amending certain budgets to reflect current requirements for municipal expenditures under FY 2021 Schedule No. 16. [timestamp: 6:00:00] Key speakers on this item included McCurn and Ellinger. The ordinance was presented and discussed by the council, with the outcome being approval. ## Amending Budgets for Parks and Recreation **Ordinance 0993-20** proposed amending budgets to provide $15,000 for a water fountain at Cardinal Run Park, Schedule No. 17. [timestamp: 6:00:00] The agenda item was discussed by McCurn and Ellinger. The ordinance was approved. ## Repealing Article XI of Chapter 2 **Ordinance 0975-20** proposed repealing Article XI of Chapter 2 of the Code of Ordinances, which would remove the Keep Lexington Beautiful Commission from littering civil penalties. Key speakers on this agenda item included McCurn and Ellinger [timestamp: 6:00:00]. The ordinance was approved. ## Bid for Rearloader **Identifier:** 0929-20 A resolution was presented to accept the bid of Worldwide Equipment, Inc. for a Rearloader (Rebid) for the Division of Facilities and Fleet Management. [timestamp: 6:00:00] The discussion involved key speakers F. Brown and Reynolds. The resolution was approved. --- ## Decisions - **Ordinance 0991-20** — passed (15-0): Amending budgets for municipal expenditures, FY 2021 Schedule No. 16 - **Ordinance 0993-20** — passed (15-0): Amending budgets for $15,000 for a water fountain at Cardinal Run Park, Schedule No. 17 - **Ordinance 0975-20** — passed (15-0): Repealing Article XI of Chapter 2 of the Code of Ordinances; removing the Keep Lexington Beautiful Commission from littering civil penalties - **Resolution 0929-20** — passed (15-0): Accepting bid of Worldwide Equipment, Inc. for Rearloader (Rebid) --- ## Full transcript Thank you. You can go right ahead, Mayor. All right. Thank you very much. Welcome, everyone, to the Urban County Council meeting of October 22, 2020. And I'll go ahead and start with our COVID statement. Due to the COVID-19 pandemic and state of emergency, this meeting is being held via live video teleconference pursuant to 2020 Senate Bill 150 and in accordance with KRS 61.826 because it is not feasible to offer a primary physical location for this meeting. And welcome everyone. I'd like to ask our clerk to go ahead and call the roll. Yes, ma'am. Mr. Ellinger? Mr. Farmer? Yes, ma'am. Ms. Higgins-Horde? Yes, ma'am. Vice Mayor Kay? Here. Ms. Lamb? Here. Mr. McCurn? Yes, ma'am. Mr. Maloney? Yes. Ms. Massadi? Here. Ms. Plowman? Here. Ms. Reynolds? Here. Mr. Swanson? Here. Mr. Worley? Yes, ma'am. Ms. Bledsoe? Yes, ma'am. Mr. Fred Brown? Here. Mr. James Brown? Here. Thank you. Thank you. Mayor, I'm here. Yes. I think the clerk's got you. Thank you. Council Member Ellinger, did you get him? Yes. Thank you very much. No worries. we have a quorum so I'd like to go ahead and ask council member Fred Brown to give our invocation thank you it's due to the COVID this virus and everything it's pretty difficult to line up a preacher in advance and you know we didn't have a whole lot of time so just bear with me I'd like to read a verse from 2 Chronicles To give you a little bit of background This was King Solomon, the son of David This was his time in the Old Testament That he was talking to God about the people And some of the things that they were involved in and he was praying on behalf of the people for the Lord to have mercy on them to some extent. And I want to read a scripture here and then I'll have a short prayer. All right. And my people who are called by my name, humble themselves, pray and seek my face and turn from their evil ways. Then I will hear from heaven, forgive their sin and heal their land. And if you would pray with me. Father God, I pray for our city of Lexington. I pray for physical healing for our community. I pray for healing a divided community. I pray for this body of elected officials that we make the best decisions for a healthy community and a united community. I pray that we all acknowledge that you, Father God, are in control of all things. These things we ask in Jesus' name. Amen. Thank you very much, Council Member Brown. Next, I would like a motion to approve the October 8th Council meeting minutes, please. So moved. Second. All right. Council Member Farmer moved and Council Member Plumman seconded. Are there any questions? Okay. All those in favor, will you please raise your hand? All right. that is a unanimous vote yes now at this time i have asked vice mayor kay if he will bring a motion forward which will alter the docket tonight vice mayor k yes i move that we place at the beginning of our agenda a discussion of reinstating public comment so move there a second Second. Is there any question or comment? All right. All those in favor, please raise your hand. Okay. That motion is passed. I guess I should ask, are there any no votes? A couple of you, I didn't see your hand. So just give you a chance to vote no. All right, that motion passes. Now, at this time, as you know, I asked CAO Hamilton to go ahead and work with employees to stand up a beginning, first step, public comment for the Zoom meetings. And so she is going to give you kind of an overview of how this will work. CAO Hamilton. And then after that, Council Member Reynolds will have a motion. Thank you, Mayor and Council. What we did in the last 48 hours is we assembled some staff to think about how we could accommodate the citizens and protect their health and protect the health of anybody in the chamber. also whether that was one citizen or if we had a crowd of 50. I think we've got a very good proposal that Jennifer wants to that Jennifer is going to share with you in a minute. It's going to go up on the website tomorrow morning. It will be ready for meetings starting on Tuesday and I think it should accommodate all of our needs for in-person public comment. Remember we did not deal with public hearings as far as planning or anything like that. I think there's been another group dealing with that. So if I may, I'll have Jennifer sort of take you through it. We'll take you just a minute. Hey, everybody. How are you? Oh, you're all muted, but I think you're saying hello hello well welcome i could see the little red lines so i like sally said this has been a whirlwind of 48 hours for us um i got a text on tuesday night and i knew right away it was from cao hamilton that said we have something to do and we need to get it done by thursday so here we are um i do want to say thank you to the various folks from all across government who have sat on multiple Zooms with us, email back and forth, including two of your staff members, your core staff, Hillary and Kendra, who have been extremely helpful as we've developed these protocols. So at this time, I think if LexTV doesn't mind, we'll go ahead and put up the draft protocols that I'd like to present to you today for your consideration. okay so this is sort of twofold um we thought that it would definitely be best to have a form online that provides our citizens um in our residence here in lexington an opportunity to go ahead and submit electronically a request to come and speak to you and we also wanted to present a phone number. This phone number will go right to Melissa McCart-Smith. She is there normal business hours Monday through Friday. The form stack is going up tomorrow morning. It's actually ready and we have a mock-up website to show you here in just a minute. We did as a group decide that no later than noon the day prior to the meeting is appropriate so we have adequate numbers and can prepare in advance should we expect or anticipate a large crowd we would just like to know that an example that we talked about yesterday was the fact that the budget finance meeting will start this coming Tuesday at 10 a.m so we certainly don't want to be scrambling at 9 a.m wondering how many folks we're going to have down here if any so we want we hope that you'll consider the noon the day before to give us adequate notice so the one of the great things and I'll show you here in just a second, but with the form stack, as you know, this sort of dumps into a spreadsheet. So that spreadsheet will be provided to, there's going to be a core group of folks that are members of the administration and also core staff that will get that list to get it to the appropriate chair for whichever meeting it's applicable to. I think at this time, if we don't mind, LexTV, if you'll go ahead and put up the mock website so we can show what the form stack looks like. Okay, so if you will scroll down to the bottom, please. Okay, so it's going to be really simple, really easy. CAO Hamilton kept telling us over the last 48 hours, just keep it very simple. So we are essentially going to ask the public for their name, their address, and a phone number and Nick Brock in the PIO's office, who is also in the waiting room, if you have specific technology questions for him, but the dropdown for the date of the meeting, and also he has pre-populated which committee meeting they want to speak to. So those are all here. Now, if you're wondering why we are suggesting adding a phone number, this will really be for contact tracing. Should there ever be an incident that somebody has come up positive that was checking folks in or was in the building, this gives us an easy way to contact them and let them know that that has happened. Okay, we can go back to the protocols now. Okay, so we have also for suggestion that only those have signed up to speak in advance and had hit this deadline right here, they will be able to provide public comment. So we have worked with Monica's group in general services to make sure that we've got six feet apart spacing marked on the floor coming in the doorway off of Main Street, the doorway closest to our office. That leads right up into the security desk. This is something that folks will have seen all over town many times if they've been out. This is essentially just to make sure that we keep that social distancing that's required. Masks will be required, waiting in line, entering the building, and throughout the entirety of their visit. And this is going to be exactly what we've done as LFUCG employees, council members, appointed officials. That same thing will apply for anybody who comes in the building. We've also worked with Monica's group and with Ken Armstrong's group to make sure that the LFUCG security personnel will remain behind plexiglass while they do the screening and checking in. So essentially, we will have one security personnel taking temperatures that will not be reported. This is just going to be a temperature check. And we'll have COVID screening questions very similar to what we have implemented as a city government, many employers based on the CDC guidelines. They will check in once they pass their security screening, they'll approach the next security personnel, and they will check in with the normal process, getting a badge, getting their photo, so we know who is in our building. We are going to mark our stairwells. As you know, there's one on each side of the lobby. So one will be to enter the mezzanine, and one will be to come down, and we'll get to that in just a second. However, if you are not comfortable or not able to take the stairs, you can take the elevator, and we will ask that two people are on the elevator at one time, and that is it. That way they can maintain six feet of distance in the elevator. The order of speaking will be determined by the order of registration. So when people register via the phone or via online, they will populate into the spreadsheet that will be given to the chairs in advance of the meeting. That will be the order. We do anticipate there may be somebody who registers that cannot get down here, cannot make it. And of course, the chair will just move on to the next person in line like we do normal business here when we are all down at the city building. The podiums and chairs will be cleaned by a general services custodian between each speaker. And I did want to say we have got currently, if you were down here today, Glenn worked to get 15 chairs spaced six feet apart on the mezzanine with a TV so that people can watch and hear when the chair calls their name to come in. So it'll sort of be a one in, one out here in the chamber. If for any reason there's more than 15 people in their space six feet apart to come upstairs, that's when we'll have somebody come in, clean that seat completely, and allow another speaker to come and take that seat. Of course, each speaker must state their name and address for the record, and each speaker will be given three minutes. We did have a lengthy discussion, and of course Mayor Gorton chirped into, and she may want to again, But we had decided to keep this simple and to keep it in an orderly fashion that speakers would not be permitted to yield their time to others. As soon as a speaker is done with their maximum of three minutes, they would check out with security and exit down the other staircase across the mezzanine from where they came up. so just to recap essentially what our group worked on was being able to provide an opportunity for public comment while keeping everything very safe and what we wanted to do was truly very clearly follow the healthy at work guidelines that our own employees are following so at this time mayor i'm happy to take any questions that is fine we'll take questions and see what's on people's minds all right council member ellinger thank you mayor and i appreciate this because that's one reason why i've been wanting to get back into the council chambers so we could have public comment i guess um i'll be debbie downer here what about the people who don't feel comfortable um coming out in public and we have people on the council who don't feel like feel comfortable and won't do it. So should we require the public to do this too? And if not, then are we going to have any opportunity for people who don't feel comfortable be out in public to give public comment? If you recall, we were just working on the section right now that the public coming into the building would comment. Aldona and the CIO group were working on the section where somebody wants to comment on zoom and give their public comment there but they're not ready with that piece yet so are you talking about when she was talking about the ashville scenario yes yes so this is just concentrating what we could get up and do right now and know that we could do securely was having people come into the building And I think it's a good start, but I'm not sure if it's fair to the people who aren't willing to come into public to give public comment and just be honest. Thank you. Thank you. And of course, that's your decision. We thought the first step was the, you know, this is incremental. Councilmember McCurn. Thank you, Mayor. I think this is a great start in trying to get us back to some sort of normality. So thank you all for your efforts in putting this forward. I agree with Councilmember Ellinger to an extent of, yeah, it's not fair to some, but it's a step forward in progress. And I'm excited to take this next step. My only concern is what happens if somebody comes up with an issue the day of a meeting and wants to come down to chambers and speak? Is there no way at that point in time for them to get in front of us? You know, and I'm going to say this in my own fashion. I think we started out with a set of rules, you know, or a set of procedures, let me say, and protocols, and to try to encourage everybody to do this early so you would know as the chair how many people to expect or not expect. I think there always comes a point when you have to use your head, you know, and not let the rule, not let the procedures always dictate. So if we had some crucial issue or so, you know, that somebody needed to talk about, I think we just have to look at those circumstances. What we intend to do is that there will only be probably three of us in this chamber. and that is for the first part and that is because we have our commissioners on zoom it would be ken armstrong glenn brown and myself because if we if we get several people we want to make it an orderly we want to we try this out we want to make this sort of an orderly thing so we felt that the three of us needed to be here in case we had a larger crowd sure and i I appreciate that too. Thank you. I understand we have to start somewhere and this, I think this is a great place to start. My last question is, will security be wearing a mask when they take temperatures of everybody and talking with members going in? Yes, that's an excellent question, council member, that I should have actually addressed when I was going through my protocols. Not only will they wear shields and masks, but we are also going to have a sanitizing station when folks come in and masks available. Now, of course, we're going to encourage folks to bring their own mask and wear their own mask. But if for any reason anybody got downtown and did not have one and they had registered, of course, they won't be denied access. So we're going to not only be protected as employees of the government, but we're also going to provide some of that if needed to our citizens. And I apologize for not addressing that during my protocol. No, that's okay. Thank you for clarifying on that. Thank you. Thank you, Mayor. Thank you. Council Member Maloney. Thank you, Mayor. I appreciate what you all are doing. And you know, the question about people not coming down, let's forget about the pandemic. Let's go back to 2019. We didn't have this problem. We had a few people come in for council report. There were people that didn't want to come down here. They emailed us. I don't understand why we don't go back to what's emailed. When zone changes came, there were a lot of people did not want to come down here and sit for four or five hours, so they emailed us. So I don't have a problem when you're all thinking that we're not going to let people in here. There's a lot of people who never did come. They always emailed us. So I think you're on the right track. We're getting close to back where we are. I think it's real close to where we were before, other than the council not being in the chambers. I think the public hearing is going to be about as close as we've done before. So to sit here and say we're not being fair to people, I look back before the pandemic, we had tons of emails where people did not want to sit here for four hours and listen. And so I'm glad we're doing this. So I support this. I commend you. I just get tired of people saying we're letting people out. I disagree with that. That's just me. I'm trying to get back to the closer reality we could before the pandemic. And I think this is about as close as we're going again. So just email your problems like we did before. Thank you. Thank you. Councilmember Lamb. Thank you, Mayor. And thank you, Jennifer and Sally, for bringing this forward. I think that I know that several of my colleagues have been really wanting to have this, and I do think it's good. I am concerned. You know, I want us to make sure that we protect our employees and the people that come into the building and it sounds like that you all have got a good methodology for doing that. My question actually revolves on when this starts. I thought I recalled seeing something about it starting at work session but I maybe I saw in your presentation Jennifer that it would start at BFED committee and yes I think we are going to be prepared council member to start at 10 o'clock on Tuesday, if that's the desire of the council and of the mayor, we'll have our website live first thing in the morning. So we, right now, they would be able to select the date next Tuesday and the budget and finance committee should they want to come and give comment at that committee. So it's, of course, at your all's pleasure, but we are ready to go live tomorrow morning. and if i might break in i think that's totally up to the council if you want to start with budget and finance and economic development or if you want to wait till work session whichever you want well i i will say i think we all know that there is a strong um potential that there could be a lot of people that are going to be here at 10 o'clock on Monday or Tuesday morning. And I always think about things when you're starting something brand new. Do you start where it's the, you're going to get the most bang for your buck or do you start simple and then go to the, I mean, so I will just say that, and I'm not saying this to eliminate anybody from the public to speak during the budget finance economic development we've gotten emails and over emails uh from concerns and and their and their points and which i really appreciate and value but i will say that um you know that um you know that could be an uh for an interesting more interesting meeting i will just say it that way and i'll let there's other colleagues that want speak. So, so thank you. Thank you. Council Member Plowman. Thank you, Mayor. And also thanks to the folks that worked on this. That's a quick turnaround. And I guess you're getting used to quick turnarounds these days. So thank you. I guess my question, maybe you said something about this, the council members that elect to come down that day, is there any, is there any challenge or problem with the number that are going to come in that day or will we have to let folks know who's coming in who's staying at home are you talking about coming into the chambers are you talking about tuesday i'm just talking ongoing because right now we've got that option right to stay not come in and no tuesday is a zoom meeting until you all you all wanted on the last meeting wanted a test of everybody sitting there zooming totally forgot that that there was a date out there in november that we were going to i was thinking we were starting everything on tuesday clarification mayor that's all thank you okay vice mayor k thank you mayor um this is um an interesting situation because i got a note while i was sitting here that there were people in front of my house with signs saying bring back public comment and I asked the note bearer to go back and tell people that we were presently discussing that and they said thank you so in case anybody is has any doubts that there are people who care deeply about having public comment come back. They definitely do. And when we, when I expect when we open it up, that we're going to get a significant number of people coming to speak on a variety of issues. So I think it's all good. And I'm assuming that we're in favor of doing this step, and then continuing to work on ways to make it more comprehensive. So I'll support the motion. Thank you, Mayor. Thank you. And one of the, I'll just, one of the reasons for the early sign-in is exactly what you just said. We think there could be a hundred people. We think there could be more. And we felt it was important for the staff to understand how many people were coming so that we can be sure the COVID protocols can be in place for that number of people. So it could be a lot of people. So I signed off, but if I can, I just got another note that I misspoke. There are still people in front of my house. So when we start the reading, I'm going to briefly absent myself and say hello to the folks in front of my house. Council Member Bledsoe. Thank you. As chair of that BFED committee, I would just, I am all for what we're doing. So first off, I think it's great. I agree with the council members who have spoken already. People can email, they can leave voicemails. They do all of those things. So we are not, I'm glad that we're having an in-person opportunity and I applaud the staff and everyone for doing so. I'm just not sure that's the best entry point for that conversation. Personally, if you all would like me to do it in that way, I will chair to the best of my ability and we'll do so. I think it might be more appropriate for that to happen at the work session rather than a committee meeting where we have lots to do, lots to discuss, and we've gotten a lot of public input actually on those issues so far. That is my only, it starts at 10. We've got limited time to get all through that. Again, that's my preference, but I will leave it up to this body to decide how would you like to do that. I'm willing. I just, I'm not sure that's the best entry point for that conversation is my only concern. Thank you. Councilmember Maloney and then Councilmember Lamb. I want to echo what Councilmember Blessoe said. I think we just need to work. We've got a system now. Let's do it and it works because I agree nobody's going to be able to speak from 10 o'clock to 12 because it's really going to be a council learning process and I really think it's better when we get back after the three o'clock meeting to do the first one. And then, so if we need a motion, I make a motion that we start at the first work session Tuesday because I agree with you. There's going to be people very frustrated if they don't get to speak. And to me, this is a new system. I'd rather see it tried on something like a regular work session and then go to the council for the Thursday night. So I make a motion that we do a start on reverse first work session. So move. I am sorry to interrupt, but council member Reynolds has the legal terminology. Okay. It actually includes starting with the work session. Yeah. And if we can get council member lamb and then Reynolds and Nick Brock is on here. Hey, Nick, if you have questions about the website part of it, he's awesome. So council member lamb. Council Member Lamb. I'm sorry. I'm sorry. I scrolled over it and it said mute. I just received an email from a constituent and I'm going to go ahead and ask on her behalf. How do you account for requiring a person to identify himself or herself to attend a public meeting? Do all persons attending need to sign in? And I'm saying based on the presentation that you all have just given, everybody has to sign in on the website prior to. And if you don't mind, Jennifer, just in case this constituent didn't hear that, if you don't mind to repeat, please. Sure. Two things. First, I did want to quickly just interject that we are hoping and would suggest that public comment comes at the beginning of meetings so that folks can get their comments in and then not, you know, have to sit out in the lobby for multiple hours. Some of the meetings go that long. um secondly yes they will have to register online council member but if they do not have internet access or are not comfortable doing that they can call the phone number and the staff member will be entering that into the form stack on their behalf so it all populates so we're trying to give folks sort of two different ways to get registered to come down and provide public comment okay well and then I'm reading on down here and it's saying that I think she's questioning because in the Senate bill 150 it's referring to some and again I'm just reading this quickly but no person should be required to identify himself or herself to attend a public meeting so I think this is something we might need to check into but not to speak Council Member Lamb maybe again I you know I'm sorry, I'm just reading this and I typically don't do this right off the cuff. But while we're discussing it, I want to make sure that we think about everything because I mean, I'm in favor of it. I am I am hopeful that it will work out. I do think we will have large crowds and I do support fully that we started at work session selfishly. So then the be fed because I've been waiting for this is the third committee that I've been hoping that we want to get to that one item to discuss. And I pray that we get to it Tuesday. So anything that we can do to help with that, I am in favor. And our legal team was in all these meetings. And Sally can tell you more about who all was in there. We had a full complement of law. We had public safety. We had the CAO, the chief of staff, Jennifer, Glenn. We had people from all over government. Nick is involved. So Sally, do you want to talk about the legal part that you discussed? I just want to make a distinction. We are talking about people who want to make public comment. Yes. We are not open to opening this chamber for anybody just to attend a meeting because we're still under those rules. So we are just doing public comment. And when you made public comment when we didn't have COVID, if you remember, you have to sign the book, and then the chair has to call out the name, and you have to give your name and address. We are doing nothing else differently. We're not talking about attending the meeting. We're talking about just making a comment. and and if you remember jennifer said as soon as someone's done commenting they will be escorted out of the building okay they cannot stay but it's a good question i think yeah i'll forward this email on to sally and jennifer so they can look at it too but i do appreciate it again this just came through and i took the opportunity to um to share the the note on it so looks like keith is down there. Keith Horn. If I'm being called on, CAO Hamilton said it exactly correct. There's a distinction between attending a meeting and speaking at a meeting. And this is designed only for to let people come in and speak, not attend a meeting. But it is correct that in the normal world of open meetings, people do not have to identify themselves to attend. But this isn't about attending a meeting. It's about making public comment during a meeting. Perfect. That's perfect clarification. And I believe that does touch just exactly what that was the concern. And thank you so much. I appreciate it. Thank you, Mayor. Thank you. Council Member Rettles, did you have a question? I just wanted a quick comment. Okay. I just wanted to say thank you to all the staff. When I originally was talking to staff about this, we thought it might take a few weeks to get up and running and you all turned it around in a day. And that's really amazing. So I just want to say thank you. I think that this is very important. And I think the public thinks it's very important. So I'm glad that we're doing it. And just a quick comment that the motion that I do have already has legally the language to start at work session. Does anyone have a question for Nick Brock? We're not going to make him stay on here for hours and hours. You know, he does all your web work. He's awesome. Any questions for Nick? Okay. Any other questions at all for the team, Sally or Jen or? Keith Horn. Okay, Council Member Worley. Thank you, Mayor. Just a question, Jennifer. You mentioned having all of the speakers prior to the business of the meeting speak. Are you envisioning that for those who want to speak for items on the agenda and off the agenda, or are we only talking about items on the agenda at this time? Council member what we had discussed in our meetings that that would be any item that they would like to speak on. And so not necessarily an item on the agenda. As you know, now one comes right as the meeting begins and one is right at the tail end of the meeting. I think items on the agenda is first. So we envision that those folks would be given an opportunity and then be able to exit the building as to not sit in the building for an extended period of time. That was our suggestion. Okay. Just wanted that clarification. I've got my thoughts on it, but don't know that I'm going to go down that rabbit hole right now. Thank you. Okay. You're welcome. There's always time later. Council Member Ellinger. I thank you. And thanks again for doing this. Are we going to set a limit on how many people? Is there a 50-person rule involved with the executive order, or is that something we are not going to be concerned about? I think the way we had intended to do it and what we had discussed in our working group was that we would allow 15 people to be up on the mezzanine, and then there could always be an opportunity that people are spaced sort of out the door and down the sidewalk six feet apart. I would have to defer to Keith about that, but I'm certain that we would be able to allow a number of folks in line as long as they were social distanced and we had a certain amount in the building safely, council members. So if Keith is still on and wants to comment, that would probably be helpful. because i can see with the commission's report coming out this week and then also with the budget issues that we could have quite a few people that have been wanting to speak to us will want to come down and if we're going to allow for both items on the agenda and then also at the end for i could see a huge turnout possibly so i think we need to be prepared for that just in face. Thank you. Sure. Keith, do you want to support or deny my comments? Well, we had talked a little bit about the fact that you're only going to be able to let so many people into the building and that depending on the number that show up, you may have them lining up outside. I think we discussed that. That's not to say that if you want to set a limit, that I don't think that you can't set a limit. But I think that the initial thought as this begins was, we'll let the number of people in who can safely under the guidelines be in. And that's why they come in and leave so that other people can come in as they leave if you have more than the building will accommodate. And I guess we should know because they have to sign in 24 hours in advance. So we should have a pretty good indication how many people are going to be coming. And that's the other reason for having the registration and the timeline. Because if you imagine people just showing up to give public comment with no notice, hopefully you'll run into fewer problems with people registering. So you'll know, you'll have an idea by theoretically noon of the day before how many people you can expect to show up for public comment. Well, once again, thanks for doing this. And it's a good start. Thanks. Thank you. So Jennifer, I need to ask based on something that just was said, we have one public entrance. That's correct. So we will not be able to have people lined up at that entrance and stairway into the lobby and have people leaving right next to them. Correct? Yeah, so we talked about the fact that the vestibule in the front of the building was currently being worked on. So we will have a security member at that door to ensure social distancing. But I think at this point, because that's the one point of egress and ingress to this building for the public, that we're just going to have to ensure that people are spaced out. If somebody has to walk out of the building, security is going to have to help us make sure we're maintaining that six foot distance at all times. It's certainly a challenge, but it is something that we have discussed. Okay. And Sally has anything else, but yes, they will have to assist to ensure that spacing. Okay, great. The nice thing about this is that we have all of our personnel available to try to handle this. You know, if we run into a problem, we've got all the security that can help us. We've got, we've just got access to everybody. So I think we'll just have to sort of see if we run into a major problem, we can reverse and change something. Yes. Any other questions? Well, before Council Member Reynolds makes her motion, I want to thank CAO Hamilton, Jennifer, our law department, Tyler Scott, Nick. There are many more people who worked on this for this time. So thank you very much. I appreciate it very much. And I know the council has expressed that too. Thank you. And then I'll call on council member Reynolds. I move that beginning with work session on October 27th, 2020, we permit public comment at council work sessions, council meetings, and council committee meetings. Public comment will be in person and be at the beginning of the meeting in accordance with LFUCG protocols, which will be posted on the LFUCG website. Second. Second. Council Member Higgins Ward seconded. Are there any questions about the motion? And Keith, are you, I don't know if you're still on, I'm presuming this is going on the docket as a resolution. Is that correct or not? It doesn't need to. Is it just simply a motion? Yes. Okay. Thank you. All right. I see no questions. So all those in favor, please raise your hand. All right. that motion passes unanimously all right thank you very much everybody and um we'll proceed on with our meeting and next up is i'll ask the clerk to give second reading to the ordinances ordinance number one an ordinance admitting certain of the budgets of the licks and fair urban county government reflect current requirements from municipal expenditures and appropriating and re-appropriating funds fiscal year 2021 schedule number 16 item 2 an ordinance amending certain of the budgets of lexington urban county government reflect current requirements for funds in the amount of fifteen thousand dollars to provide funds for council projects in the division of parks and recreation for a water fountain at cardinal run park and appropriating re-appropriating funds schedule number 17 and item 3 an ordinance of repealing article 411 of chapter 2 of the ordinances removing the keep lexington beautiful commission from the collection of littering civil penalties and providing for the distribution of the funds raised by Keith Lexington Beautiful Commission to the nonprofit organization created by the members of the commission. Thank you. Thank you. Is there a motion to approve? Move for approval. Second. All right. I'm sorry, who made the motion? Ellinger. I'm going to turn. And Council Member Ellinger seconded. All right. If you'll take a roll call vote, please, when you're ready. Mr. Ellinger? Yes, ma'am. Mr. Farmer? Yes, ma'am. Ms. Higgins-Hort? Yes, ma'am. Vice Mayor Kay? Yes. Ms. Lamb? Yes, ma'am. Mr. McCurn? Yes, ma'am. Mr. Maloney? Yes. Ms. Massadi? Yes. Ms. Plowman? Yes. Ms. Reynolds? Yes. Mr. Swanson? Yes. Mr. Worley? Yes, ma'am. Ms. Bledsoe? Yes, ma'am. Mr. Fred Brown? Yes. And Mr. James Brown? Yes. Could you repeat that? I'm sorry. Yes. Thank you. Thank you. Thank you. Those all pass. and then we're ready for first reading of ordinances. Ordinance number four, an ordinance changing the zone from a two-family residential R2 zone to a high-rise apartment R5 zone for 0.655 net, 0.717 gross acre for property located 325, 329, and 333 Blackburn Avenue, Blackburn Development LLC, Council District number two. Item five, an ordinance amending article one of zoning ordinance to replace the term and definition of tenant home with the term dwelling unit, farm employee, in definition, and to replace the term tenant home in Articles 8 and 10 of the zoning ordinance with the new term as defined, Item 6. An ordinance amending and restating Ordinance 42-2020 as amended and restated by Ordinance No. 54-2020 and Ordinance No. 80-2020, which pertains to the suspension of certain ordinances to allow for expanded restaurant, bar, and retail business abuses to extend the deadline through May 2, 2021, to temporarily suspend the zoning ordinance requirement for a conditional use permit for tents or temporary structures, to include requirements for the use of heating devices within tents or temporary structures, and to include additional clarifications effective upon passage of Council, Item 7. An ordinance amending certain of the budgets of Lexington Fayette, Urban County Government to reflect current requirements for municipal expenditures in appropriating and reappropriating funds of fiscal year 2020, Schedule Number 18, Item 8. An ordinance amending Article 15 of Chapter 2 of the Code of Ordinances related to the picnic with the Pops Commission to remove reference to the Kentucky Horse Park Amphitheater, reduce the membership of the commission from 13 to 11, provide for the mayor to select a designee, add gender-neutral language, correct punctuation, and make other corresponding changes. In item nine, an ordinance amending authorized strength by creating one unclassified position of financial coordinator grade 516N for a term of three years in the division of grants and special programs effective upon passage of counsel. Thank you. Thank you. Are there any walk-ons? uh council member farmer do you have a walk on just a question whenever you're ready okay is this the question about one of the items or number eight okay i i if there's walk i don't want to get in front of anybody i just go and do a question wherever you're ready now it's good now it's fine i just i read over this the other day so why are we making this commission smaller taking it from 13 to 11 just i was just interested let me see if i don't know if heather is on we've made things bigger i don't remember making one smaller i don't have a problem and she can just send me an email later there's no reason i have to answer it right now there were some pretty good reasons um he's got all of that and um the fine yeah you know the commissioner did a great follow-up from the question on tuesday about the refinancing which was a great answer by the way if i would just like a little background here that's all i didn't see it in the packet yes and you'll find when she gives it to you that this was all at the suggestion of the commission very good excellent thank you ma'am some efficiencies um council member lamb do you have a walk-on i don't have a walk-on but i do have a um suspension okay does anybody have a walk-on i was thinking there was one but maybe it is with the resolutions it's a resolution i've got it thank you um all right council member lamb you have a suspension to give second reading Yes, ma'am. I would like to, on behalf of the administration, ask for suspension of ordinance number six, which is the one that's allowing, accommodating the outdoor seating for restaurants, bars, and retail businesses uses, and I so move. Is there a second? Council Member McCurron seconds. Is there any discussion? All right. All those in favor of giving number six a second reading, please raise your hand. Okay, that is unanimous, although Vice Mayor Kate is not in the meeting, just to note. All right, does anyone else have? Council Member Massadi, a suspension. Thank you, Mayor. I'd like to suspend the rules on number five in ordinance amending article one of the zoning ordinance to replace the term and definition of tenant home with the term dwelling unit, farm employee, and definition, and to replace the term tenant home in Articles 8 and 10 of the zoning ordinance that the new term is defined. So moved. Second. All right. Council Member Plowman seconds. Are there any questions? All those in favor, please show me your hand. All right. That has 14 yes votes. Vice Mayor Kay is absent for the vote. Are there any other suspensions? All right, I do not see any. So that's number five and number six, if you'll give those second reading, please. Ordinance number five. Ordinance amending Article 1 of the zoning ordinance to replace the term and definition of tenant home with the term dwelling unit from employee in definition and to replace the term tenant home in Articles 8 and 10 of the zoning ordinance with a new term as defined. Item 6. council. Thank you. Thank you. Somebody jumped on it. Council Member Ellinger? Yes. All right. Who's my second? I'll second. Thank you, Council Member Plumman. All right. Now, when you're ready, please take a roll call vote. Mr. Ellinger? Yes, ma'am. Mr. Farmer? Yes, ma'am. Ms. Higgins-Hord? Yes, ma'am. Vice Mayor Kay? Ms. Lamb? Yes, ma'am. Mr. McCurn? Yes, ma'am. Mr. Maloney? Yes. Ms. Massadi? Yes. Ms. Plowman? Yes. Ms. Reynolds? Yes. Mr. Swanson? Yes. Mr. Worley? Yes, ma'am. Ms. Bledsoe? Yes, ma'am. Mr. Fred Brown? Yes. And Mr. James Brown? Yes. Thank you. All right, those items both pass. Now we're ready for a second reading of resolutions. bids of Stella Product Incorporated, Osborne Associates Incorporated, and Litley Enterprises of Ohio, LLC, establishing price contracts for traffic signs for the Division of Traffic Engineering, Item 5. A resolution accepting the bid of 9-1-1 Fleet and Fire Equipment Holdings, LLC, and Finley Fire Equipment Holdings, establishing price contracts for self-contained breathing apparatus equipment for the Division of Fire and Emergency Services, Item 6. A resolution accepting the bid of Finley Fire Equipment Company, an America's bravest equipment company establishing price contracts requiring helmets for the division of fire and emergency services item seven a resolution accepting the bids of general parts distribution llc dba advanced auto parts bachman auto group incorporated fleet pride incorporated worldwide equipment incorporated knap auto parts kentucky anna auto and truck supply llc and like section truck sales incorporated establishing price contracts for filters for the division of facilities and fleet management item eight resolution accepting the bids of dukes a and w Enterprises, LLC, General Parts Distribution, LLC, DBA, Advanced Auto Parts, Fleet, Pride Incorporated, Bartman Auto Group Incorporated, Kentucky Auto and Truck Supply, LLC, Worldwide Equipment Incorporated, Smith Auto Automotive, establishing price contracts for light duty automotive parts, the Division of Facilities and Fleet Management, Item 9. A resolution excepting the bids of Core and Main LP, Hayes, Pipe Supply Incorporated, and CI Thornburg Company, establishing price contract for sanitary sewer repair material for the Division of Water Quality, Item 10. A resolution accepting the bid of hydro controls incorporated in the amount of $36,516 for stainless steel slide gates for town branch wastewater treatment plant for the Division of Water Quality. Item 11. I'm sorry to interrupt you, Abby. Council Member Lamb has a motion. At the request of the administration, I move to remove from tonight's docket item number 11 under resolutions, second reading, which is the resolution accepting the bid of Family Guy Cleaning, LLC, establishing a price contract for sanitary sewer overflow cleanup. These services will be rebid. So move. Thank you. Is there a second? Council Member Bledsoe? Seconds? All right. I believe there's, let's see, if you have questions, Well, we have Commissioner Albright, if you have any questions about the motion. Are there any questions about the motion? All right. All those in favor, please raise your hand. All right. That motion passes to remove 11 from the docket. Thank you. Thank you, Madam Clerk. item 12 a resolution ratifying the probationary classified civil service appointments of joel raglan equipment operator senior grade 512 n 23.614 hourly in the division of streets and roads effective october 12 2020 brandon copton treatment plant operator grade 515 n 19.723 hourly in the division of water quality effective october 26 2020 and jayla stone administrative special senior grade 516 n 19.737 hourly in the department of law effective october 26 2020 and ratifying the Classified Civil Service, Permanent Appliaments of Mary Park, Paralegal, Grade 517 and 23.142, hourly in the Department of Law, effective September 2nd, 2020, J. Small Administrative Specialist, Grade 513 and 18.413, hourly in the Division of Parks and Recreation, effective September 16, 2020, and Robert Clay, Public Service Worker, Grade 507 and 12.962, hourly in the Division of Parks and Recreation, effective September 23, 2020, and ratifying the Unclassified Civil Service Appliaments of Donald Randolph, treatment plant operator apprentice class one grade five ten and fifteen point five one zero hourly in the division of water quality effective september 14th of 2020 item 13 resolution authorizing directly may on behalf of your bank and government to execute a renewal catering contract the bateman community living llc dda trio community meals for catering services for the family care center at a cost not to exceed 158 737 dollars and 50 cents item 14 a resolution authorizing the mayor behalf of your bank and government to execute change Order number two, final to the agreement with Palmer Engineering Incorporated for the Southland Drive Sidewalk Project, increasing the contract price by the sum of $4,300 from $217,200 to $221,500. Item 15, a resolution authorizing and directly near on behalf of the Irving Kennedy Government to execute an agreement with QuickSeries for the iOS Android Be Ready Lexington Mobile app at a cost mark to exceed $4,800. item 16 a resolution establishing burdon security group is a sole source provider for installing and performing repairs on security systems for the lfucg owned buildings for the division of facilities and fleet management and authorizing the mayor or her designee on behalf of the urban county government to execute any necessary agreements with the burdon security group related to the procurement of these goods and services item 17 a resolution authorized on the on behalf of your beginning government to execute change number number three final to the agreement bluegrass contract incorporation for the southland drive sidewalk project increasing the contract price by the sum of $36,185.68, from $2,071,764.94 to $2,107,950.52. Item 18, a resolution authorizing on direct command on behalf of the Irving County Government to execute an agreement with the Drug Enforcement Administration for participation in the Tactical Diversion Squad Task Force. Item 19, a resolution authorizing on direct command on behalf of the Irving County Government to execute an agreement with the Drug Enforcement Administration for participation in the program-funded state and local task force. Item 20, a resolution. directing and authorizing me on behalf of the American Government to execute an agreement with the Central Business Systems Incorporated on behalf of the Quadiant formerly Neopost and Hasler and Commonwealth of Kentucky for fossil arm unit mailing equipment, supplies and maintenance and authorizing Quadiant as a sole source provider at a cost marked $162.74 per month. Item 21. A resolution authorizing me on behalf of the American Government to execute certificates of consideration and other necessary documents and to accept deeds for property and interest needed for the Upper Cane Run wet weather storage project and remedial measure project required by the consent decree at a cost not to exceed $10,600. Item 22. A resolution authorizing the mayor on behalf of the Irving County Government to execute certificates of consideration and other necessary documents and to accept deeds for property interest needed for the Southland Area Stormwater Improvement Project at a cost not to exceed $5,000. Item 23. A resolution authorizing the mayor on behalf of the Irving County Government to execute a renewal agreement with the Anthem Health Plans of Kentucky Incorporated for administrative services rates and fees within the agreement the period beginning january 1 21 through december 31 2021 and item 24 a resolution authorizing and directing may be happier beginning to execute agreements with stonewall equestrian neighborhood association 500 and kentucky distinguished young women's scholarship program 500 for the office of the urban county council edicott's not the seat this i'm stated thank you thank you is there a motion to approve council move around second council member reynolds seconded. All right, when you're ready, if you'll please take a roll call vote. Mr. Ellinger? Yes, ma'am. Mr. Farmer? Yes, ma'am. Ms. Higgins-Hord? Yes, ma'am. Vice Mayor Kay? Yes. Ms. Lamb? Yes, ma'am. Mr. McCurran? Yes, ma'am. Mr. Maloney? Yes. Ms. Massadi? Yes. Ms. Cloman? Yes. Ms. Reynolds? Yes. Mr. Swanson? Yes. Mr. Worley? Yes, ma'am. Ms. Bledsoe? Yes, ma'am. Mr. Fred Brown? Yes. And Mr. James Brown? Yes. Thank you. Thank you. Those all passed. Now, when you're ready, Madam Clerk, first reading of resolutions. Item 25, a resolution accepting the bid of Level 3 Communications LLC in accordance with the provisions of Ordinance No. 69, 2016, creating an offering for sale and franchise for the operation of a non-exclusive telecommunications telecommunications or related non-cable system in Fayette County and authorizing the mayor on behalf of your mechanic over to execute a franchise agreement with Level 3 Communications LLC incorporating the terms and conditions of Order 69-2016, Item 26. A resolution accepting the bid of Central Indiana Truck Equipment Corporation and Jay Enninger & Son Incorporated establishing price contracts for refuse body repairs for the Division of Facilities and Fleet Management, Item 27. A resolution accepting the bid of Riley Oil Company establishing price contract for synthetic transmission fluid for the division of facilities and fleet management item 28. A resolution accepting the bid of Alton Blakely Ford Bachman Auto Group Incorporated Bluegrass International Lexington Truck Sales Incorporated and Worldwide Equipment Incorporated establishing price contracts for automotive and truck parts OEM for the division of facilities and fleet management item 29. A resolution accepting the bid of Employment Solutions Incorporated establishing a price contract for temporary labor for general services for the division of facilities and fleet management Item 30. A resolution ratifying the probationary classified civil service appointments of Ashley Isom, Staff Assistant Senior, Grade 510N, 15.757 Hourly in the Division of Accounting, effective October 26, 2020. Hillary Morgan, Revenue Supervisor, Grade 520E, 2,287.20 biweekly in the Division of Revenue, effective October 26, 2020. Andre Ingram, Public Service Worker Senior, Grade 509N, 15.125 Ireland, the Division of Water Quality, effective October 26, 2020. Mark Sanders, Engineering Section Manager, Grade 527E, 3,363.44 biweekly in the Division of Water Quality, effective November 16, 2020. Stephan Brown, Operations Manager, Grade 520E, 2392, biweekly in the Division of Waste Management, effective October 26, 2020. Ratifying the permanent classified civil service appointments of Emily Epperson, Municipal Engineer, Senior, Grade 525E, 2769.24, biweekly in the Division of Water Quality, effective September 16, 2020. William Gahapier, Engineering Technician, Senior, Grade 516N, 22.40, hourly in the Division of Water Quality, effective October 27, 2020. Whitney Johnson, telecommunicator, grade 514 and 17.992, hourly in the Division of Enhanced N11, effective October 13, 2020. Sean Swanner, skilled trades worker, grade 515 and 20.990, hourly in the Division of Facilities and Fleet Management, effective October 20, 2020. And Sarah Byrd, administrative specialist, grade 515 and 18.420, hourly in the Division of Engineering, effective September 30, 2020, item 31. A resolution authorizing the Division of Human Resources to make a conditional offer to the following unclassified civil service appointments of Marcus Brown, juvenile probation officer, grade 515 and 18.891, hourly in the Division of Youth Services, effective November 9, 2020, item 32. For resolution authorizing the mayor on behalf of the urban county government to execute an assignment of agreement assigning the agreement with Smith Management Group incorporated for the audit of the wastewater treatment plant safety program and post audit implementation services to ALL4LLT at no cost to the urban county government, item 33. A resolution authorizing and directly on behalf of the urban county government to execute an agreement with untold content LLC to develop, implement, and manage the communication strategy for the Latino and Fiat urban county government's Homelessness Prevention and Intervention Board, Continuum of Care Board, and the Office of Homelessness Prevention and Intervention at a cost of $233,763. item 34 for resolution authorizing directly may be happy urban kind of go to execute an agreement with emergency services with healing community study incorporated for receipt and distribution of max alone item 35 a resolution authorizing directly may be happy urban kind of go to execute a contract with bluegrass tours incorporated for travel to washington dc at a cost not conceded five thousand four hundred ninety five dollars item 36 a resolution authorizing and drinking man be happy i'm going to go to execute an agreement with central baptist hospital for clinical paramedic training item 37 a resolution authorizing directly may be happy or urban county government to accept a donation from lexington police foundation of various items for use at the police canine unit at no cost to the urban county government item 38 the resolution authorizing your family on behalf of the urban county government to accept a grant from the united states department of justice under the edward burn memorial justice assistance grant program the fiscal year 2021 which grant funds are in the amount of 135,250 dollars in federal funds for the purchase of equipment for the division of police the acceptance of which does not obligate the urban county government for the expenditure of funds and authorizing them to transfer to undercomer funds within the grant budget item 39 a resolution authorizing and directing the mayor on behalf of the urb beginning government to execute an agreement with the university of pindy research foundation for the provision of evaluation services for year three of the first responders and community partners overdose prevention project at a cost knocked up seat 101 786 dollars item 40. a resolution authorizing and directing the mayor on behalf of urb beginning government to execute an agreement with the lexington county health department for the first responders and community partners overdose prevention project funded under the the U.S. Department of Health and Human Services First Responders Comprehensive Addiction and Recovery Act grant program at a cost not to exceed $261,000, item 41. A resolution authorizing directly on behalf of the Urban County Government to accept additional federal funds in the amount of $40,000 from the Kentucky Department of Military Affairs Division of Emergency Management under the Fiscal Year 2020 Chemical Stockpile Emergency Preparedness Program, item 42. A resolution authorizing directly on behalf of the Urban County Government to execute change return number one to the agreement with the PACE Contracting LLC for the 4th Street Corridor enhancement and legacy trail phase three projects increasing the contract price by the sum of $12,570 from $3,900,727 to $3,913,297 item 43 a resolution authorizing directly on behalf of the Urbany government to accept additional federal funds in the amount of $40,000 from the Kentucky Department of Military Affairs Division of Emergency Management under the fiscal year 2019 Chemical Spockpile Emergency Preparedness Program for the purchase of the Zumro tent and decon system for the support of continued emergency preparedness activities in Fayette County, the acceptance of which does not obligate the Urban County Government for the expenditure of funds, item 44. A resolution authorizing directly on behalf of the Urban County Government to execute the First Amendment to the Memorandum of Understanding Between the Lake St. Fayette Urban County Government and the Administrative Offices of the Courts for appellate renovations at the Fayette County Courthouse. The addendum will revise the construction cost cap from $800,000 to $396,700 per contract, 18-2020, Resolution 164-2020, and revise the date from June 30, 2020 to June 30, 2021, as the date in which AOC Fund's appropriation ends. Item 45, a resolution authorizing Drinking Mayor on behalf of your mechanical professional service agreement awarded pursuant to RFP number 11-2020 with Gresham Smith, the site evaluation development of the master plan and related services for the 200-acre Coldstream Industrial Park site at a cost that exceeds $148,500. Item 46, a resolution amending various sections of index a rules and procedures of legs and fair urban county council to better align with the robert rules of order item 47. excuse me excuse me i'm sorry to interrupt you but i believe vice mayor k do you have a motion for 47. i do mayor thank you i want to explain a little bit and then i'll make the motion i introduced this motion at a work session and asked to have it put on the docket so that we could quickly regularize what I think has been a confusing process for the public, if not for council itself. I then sent out a revised version of that, which I thought kind of strengthened the language. I think everybody had a chance to look at that. And then Council Member Bledsoe further suggested changes to the language that I had amended. So I'm interested in moving this forward with the language that Council Member Bledsoe has suggested. And if it's useful, I think I can put that up on the screen. Everybody should have seen it. I just want to say a word or two about what the original intention was and what I'm hoping we can achieve by adding these to the council rules. And the short story on that is I think it's been difficult for the public to understand what information council does and does not have when we're trying to make a decision about police discipline. And I think the reason for that is that by state statute, the recommendation that comes forward to us is not public until we take action. And what we are presented with at the podium when an officer or the chief comes to present the discipline to us is a very much abbreviated version of what is in the agreement that's been formed between the chief and the particular officer. we are able to view all of that information before we have to take action, but it cannot be spoken publicly until we take action. Once we take action, then that information becomes public. And that's, again, given the open records law. So what I hope to achieve was to regularize that process and to make it clearer that what we are seeking is sufficient information on the agreement to allow us to make a judgment about whether we think the discipline is reasonable or not. That information cannot be read to us in public because of the way for law So I think the presumption on the part of the public has been you didn't get any information and then you made a decision and that's not the case. So this essentially attempts to remedy that. So I'm going to move that we adopt the language that Councilmember Bledsoe circulated with the exception. and well with the exception of leaving item number five which has to do with a discussion of any items before it comes to council leave that as is and that's the motion i so move member blood so did you second no you wanted to speak who's who seconds is there a second I'll second Councilmember James Brown seconds all right let's have some discussion if you want to discuss please log in Councilmember Swanson thank you Mayor well I appreciate the Vice Mayor and Councilmember Bledsoe's efforts to provide some clarity to this very confusing situation this strikes me as really bad timing with the mayor's commission report coming out tomorrow and public comments starting next week to make a decision of this magnitude of this level of interest in the community without waiting for those sources of input makes very little sense to me. So I'm not going to be able to support this motion at this time. Thank you. Thank you very much. Council Member Lamb. Thank you, Mayor. You know, I agree with what Council Member Swanson said. You know, at first I was going to support this, but then after I started thinking about it and once I heard the part about us, you know, affecting our ability to become more knowledgeable before we make a decision based on what the chief of police chooses to professionally share with us, which he understands that his limitations. I just think that this could potentially have unintentional consequences, and I always try to sway away from things that could lead to that. And I also totally agree that we are getting ready to receive the report tomorrow, and I really would like to listen to that. And I just think that we need to kind of be patient right now while we wait. And I appreciate the efforts and what you bring it forward and the reason for it. But I just I can't support it at this point. I can't support the motion, nor will I support the resolution. Thank you. Thank you. Councilmember Worley. Thank you, Mayor. And Vice Mayor, I appreciate what you were trying to do here, and I understand your intentions fully. I think my concern is that even with the best of intentions, some of the immediate reaction from the public was misunderstanding of what you were attempting to do. I think you're looking to try and make the procedure within the law as transparent as possible and give us as council members as much information as possible. But I still see that there is risk here of public misperception of what we're trying to do. And I could pick apart language. I know others could. For instance, the language here, it shall provide sufficient detail about the nature of the offense for which the officer is being disciplined to enable council to form a judgment about the adequacy of the proposed discipline. I know what you mean by that, Vice Mayor, because I know you and I know the work that you've put into this. that is a not a that's no there's not much definition to that what is sufficient detail for one council or any particular uh one council member or any particular council as that changes may be different i know council member swanson has been uh nearly apoplectic about the insufficiency in his opinion of uh of the detail that we receive while others of us may be find what we receive now to be somewhat sufficient. And so I just think that this, while I like what you're trying to do, and I would like to see it done, I think that perhaps this is maybe a committee item to get this worked through the right way. I think Council Member James Brown has the police disciplinary procedures in the Planning and Public Safety Committee now, if I'm not mistaken. And Council Member Lamb has just recently gone through a large council rules review and general gov. So I think either one of those committees might be a decent place to put this. I'm not ready to make that motion now. We'll hear what others have to say, but I just think there's a lot of differing opinions here, and I still see a lot of misperceptions here, and I think it'd be better to do this while you all hear me all the time say, let's not slow roll things. Let's move. Let's take action. This is one that I'm not ready yet, and I think would be better served if we spend a little more time with it. Thank you, Mayor. Thank you. Council Member Reynolds. Thank you, Mayor. Am I allowed to ask a question to Ken Armstrong if he's there? Sure. Is Commissioner Armstrong in the chamber? He is. Good evening, Commissioner. Thank you so much. Good evening. I wanted to ask a question for the public more than anything. When a discipline comes before us and it is read out at a meeting for us to vote on, up until now, we haven't really been given answers if we ask them about the specific discipline. we that's not something that is currently allowed correct you can't go into more detail about about the discipline in the council meeting yes ma'am just to clarify as you know i only have administrative responsibilities as it applies to any type of discipline where we policed or fired but you are correct in that statement the information that's brought in front of the council and read is a preliminary review of that information and it does not go into specific details just outlines that an offense had occurred that the officer he or she has taken responsibility for it and the amount of punishment that has been agreed upon with the chief of police if we're specifically talking about police discipline right so i think that some of the public's perception of what's happening here is is is they're a little confused because as it is right now we're not allowed to get more information in the council meeting we're not allowed to ask and all this is doing is saying that it's saying we're going to try to have as much information ahead of time as we can but we're still not allowed to to get that more public information um well as you know ma'am the council is allowed to look at the letter of conformity if i'm not mistaken if the if the if the law department needs to chime in to regards to that so there is a little more information that the council provided but whenever before you make the final decision specific questions about it I think is not allowed by state law I'm not sure if someone from law is on here to clarify that to make sure I'm correct in my statement or not yes is there someone that could answer that question. Keith Horn is on, ma'am. Oh, there you are, Keith. I was looking for you in the waiting room. So when it comes before us, it's in council meeting. We're not allowed to get additional information at that point from the podium. I'm going to say that's primarily correct. I missed part of that meeting as I was being put into the queue here. But yes, you have access as council members to the agreement of conformity, which has more detail in it than is actually presented in front of the council. But as we've talked before, there is a state law prohibition against public comments about police discipline until they are final. And until the council approves the conformity, it's not final. But once you do, if you do, it is final. So I just wanted to confirm that what is legally allowed is what's being said here. This is what the vice mayor has put forward. Not putting something forward that is additional restrictions on us. So thank you. Okay. Thank you. council member Bledsoe um thank you mayor and I appreciate and vice mayor Kay and I have talked several times this week on this issue and I think both of us are trying to provide some transparency and um at least outline the process a little more efficiently sometimes we come at different angles but I think the intent is is the same and I'm not going to lay the case out that I did on Tuesday um but I still think item number five is not necessary and I would if this moves forward I would like to prefer it do so without that support so i'll make a motion to amend um the motion on the table to remove item number five from the proposed resolutions second okay council member james brown seconds so now we'll discuss the amendment which is strictly about removing number five so is there anyone who wishes to speak to the this motion council member massadi Thank you, Mayor. Would you read number five, please, or what you're going to remove? Yes, ma'am. Item number five specifically says, other than procedural issues, council members shall not discuss an agreement of conformity with anyone prior to the disciplinary recommendation being presented to the council. Thank you. Mayor, I think I've been pretty consistent on this since I was on the law enforcement and accountability committee that you had put together that, and I can't support this at this time until we get some feedback from your, I guess tomorrow, your press conference will give us some indication of how we're going to move forward on a lot of these items. Thank you. Thank you. Councilmember James Brown, are you on to speak to the amendment? Yes, ma'am. I can speak to the amendment. Thank you, Mayor. Yeah, I'm in support because I understand the intent of Vice Mayor Kay's original motion. I think there has been some confusion out in the public about what the intent is. I think he's trying to standardize the process and make it more transparent and more standard. So council members are all playing on the same level playing field. But I think the removal of number five gives us the opportunity to get additional information that we can't ask or get clarification on in public. So that's why I would support it, because it allows council members to continue to to do additional research, not get any information that can't legally be shared, but any additional information that can't be shared with the public. And I know we have the commission report coming tomorrow, and I know there are other efforts towards police accountability, towards improving the discipline process, but this is continuous improvement. So every step that we can take moving forward to make improvements to this process, I think we should, and I think this is another opportunity. So I'll support it. Thank you. Thank you. Council Member Plumman to the amendment. Thank you, Mayor. And Council Member Bledsoe, I was just interested in your rationale on why deleting five. And then I noticed that on the other one, you came back and you did leave it in or you left it in, but it talks about the public. Can you comment on that or differentiate on those? Sure. I think what I kind of said on Tuesday was sometimes we want to ask additional questions. And I know myself well enough to know that I will ask additional questions. And I'm used to being told no. So with the current language, I wouldn't be able to, nor could any of us, get further clarification from our own law department or from police if necessary. And I think that's something that I still want to have open. I have to respect and I do respect the answers with which our law department and police may say not to compromise any potential hearing and any officer. Sometimes it's a matter of asking the right questions and getting more clarity. So my own education has nothing maybe to do too much on how to vote. And so my thought was there to remove that. The second amendment that I did put on there in the email was if we did move forward with it to say not talk with anyone of the public, which would allow us to still then talk to our law commissioners if we needed to or the police chief if necessary. That was my intent with the second language. But I think that might be confusing to some. So removing it was the easier option. But I'm open. But that was my rationale. now. Thank you because I when I saw the second one with the public I kind of got it more than I did just taking the whole thing out but you just think it you think it simplifies it more just not to even go there. Okay thank you Councilmember Bledsoe. Thank you Mayor. Thank you Vice Mayor Kay. Thank you Mayor. Yes and I understand the concern about number five but my perspective on it and then I'm to ask Mr. Horn to weigh in with respect from the legal department. My concern is that we not taint the process and allow someone to claim that the process has been tainted and to throw out an entire disciplinary procedure. When I talked about this before, I compared it to the zone change hearings where commission members our caution not to talk to anybody about a zone change that's coming before them and to only take into account the evidence that's presented at the zone change hearing. And I believe that's respected. So I think this is comparable. We are not supposed to basically have information and it's not, well let me make a distinction between the procedure and the substance. So procedurally, if people have questions about what's supposed to be happening, they want to talk to law, this would not apply. It's about the details of the actual offense that I believe it's improper to, for council members to have additional information that's not going to be made public ever. So that was the intent. And I've talked to law about it a number of times and I'm going to ask Keith if he would simply provide his perspective or the perspective of the law department on this. Mr. Horn. I think that that's consistent with what counsel has been advised by the law department for years and years even before I was here that since you're the ultimate decision maker if you have a hearing as in zone changes and that's the same sort of advice you get on that, that you need to limit your exposure or discussion of the actual facts or particular application before you. And I don't want to speak for Councilmember Bledsoe, but I think what she's saying is there may be things not necessarily directly related to a particular discipline, but maybe questions about policy or other things that you may want to educate yourself on in order to make a better decision about what you're looking at. But again, I don't want to speak for Council Member Bledsoe. But as I said, generally, and you've heard us say it so many times, the information you're given on the specific discipline before you is in the agreement of conformity, and you have to limit the amount of information you collect related to the specific facts of any particular discipline action. Does that help, Vice Mayor? I think it does. And again, in working on this, I've tried to think about what will make the whole process as fair and effective and as transparent as possible. I think this is a key part. It's not in my mind if people don't see it that way and they want to strike that it's okay. I'd like to see the whole thing go forward with that but you know I understand that there are different ways of thinking about this. So thank you Mayor. Thank you. Council Member Maloney. Thank you Mayor. I appreciate I think it should be in the committee and I think it should have been put back into Councilman Mazzotti's. And I agree tomorrow we're coming out with a brief discussion about the committee. And I think it should be in the committee. And I agree tomorrow we're coming out with a brief discussion about the committee. And I think it should be in the committee. Councilman Mazzotti's and and I agreed tomorrow we're coming out with some other rules come on but I understand the law I've been I've been here for many years I understand how it is but I think to me this is something that we should have put and have more discussion on it because because you're real close to it and this is an issue that I think we have to have an overwhelmed support from the council and I don't think just I don't feel that right now I feel like there's Some are going to be forced to move them. I think that I'm not going to support this tonight. I would support if you put it back in the committee, I'm going to support what the law is right now. I've always supported the law, what the law says and what we can do, what we can't do. But I just think we're having, this is a bad time to be discussion on a Thursday night when this should have been in a committee. So I'm not going to support this tonight. Thank you. Thank you. Council member James Brown. Thank you, mayor. I just wanted to make the comment that the feedback that I heard in the emails that I received, the concerns were in regard to number five of the recommendation. So if we remove that, I think that that's easy to explain and to clear up some of the misconceptions that's out there in the community. So I would support it moving forward if we remove number five. But if we don't remove number five, then I think it is kind of complex and hard to make people understand what we're trying to do as a council. So I wouldn't support it going forward. So thank you. Thank you. Councilmember Ellinger. Thank you, Mayor. I just I want to clarify this is actually not for secondary. This is on for first reading is my understanding. Is that not correct? So that's correct. We don't have to vote tonight on this. we have two weeks unless it is. There are 10 votes to suspend the rules, but it doesn't have to be voted on tonight. And I'm not sure if you'll have 10 votes. I'm just FYI. Thanks, Mayor. Thank you. Does anyone else wish to speak to the amendment? All right. Let's take a vote on the amendment. All those in favor of the amendment, please raise your hand. okay um madam clerk does it help if i read the names out or can you see everybody voting okay so we've got one eight those opposed to the amendment seven. So that passes eight to seven. Now up for discussion is the motion on the floor. Vice Mary Kay, do you want to, this essentially changes the resolution. So it's getting first reading anyway. So the new, if this passes, the new language would be what is read. That's correct. And it would be what Council Member Bledsoe circulated absent number five. Yes. Yep. All right. Council Member, Council Member Worley. Thank you, Mayor. And while I think we've made this a little bit better with the removal of five stories, I supported it. I still have really a struggle with some of the language, the fluidity of some of the language. And I understand, again, what we're what we're trying to do here. But I still think that this is may be better suited to go to a committee. And we I know some of our committees, I serve planning and public safety. We have room for it. We could get it heard and moved quickly. And I wonder if I'd ask Vice Mayor if given the discussion today, if you don't think it would be best to have this studied a bit further. Well, I was interested in moving this forward so that we could show that we are actually getting something done. People have raised the question of what's coming from the Mayor's Commission. I think I've watched enough of what they're brought forward that this would not be either it's not going to be talked about by their recommendations as I understand it this particular piece so this is only first read we've got three weeks if in three weeks people still have concerns questions comments you want to fix the language which we've tried to fix twice so far there's time to do that I'm I'm interested in having this in place so that the public understands fully what our procedure is and the next time we have a disciplinary action they understand why there's limited information so I would prefer to have it done tonight obviously if that's not the will of the council people need more time just a reminder We're talking about amending the language. And so we would still have to go back. I mean, that would end this discussion and you would have to vote up or down when we. No, you wouldn't, unless there's unless there's a motion to at that point to move it into committee, it would stay on the docket. Yeah, I just I had a question as we move forward into the end of the amendment, because particularly since a piece of your amendment that you wanted failed, if you still saw that this was the, but you still want to move forward with with this amended question. So that that was really the nature of my question. I see. Well, unless one of the people who voted against, I mean, unless one of the people who voted for that amendment changes his or her mind, I'm satisfied that we've talked it through. Majority in council thinks that that's not necessary. And I still would like to see this go forward. Thank you. Thank you. Council Member Massadi. Thank you, Mayor. I was just looking at the calendar. The second read would be November 12th, and I can put it in planning and public safety on November 17th. So we're talking, you know, three or four days difference if we want to have a thorough discussion. I'll be glad to put it forward in that committee at that time. That's all, Mayor. Thank you. Councilmember Maloney. Thank you, Mayor. Like I said, I'm going back to what I said. I understand Councilmember Blasso's motion. I understand that it's all in the law, what you said. I have a problem with some of my colleagues are not on board yet because they need more education on this. And to me, I don't know what the rush is. It's still the law. Nothing you put in there is changing that law. I think it's more of an education part. And to me, I don't think I said I told you that vote was going to be real close. And I just think on something like this, we need to be behind 100 percent or not on not 100 percent, but close to better than what this number. So when I see a numbers like that, there's confusion going on. And this is it should have been in a committee. And I think it would have come out more cleaner, clearer what everybody would be voting on. I don't feel that we're there. there. So I support what you're doing, but I cannot support it now because I don't think we, the council, we represent the public too. We're not all on board on this. Until we all get on board and send the message, then I would, I think it'd be a lot clearer going through your committee in the 17th. And I don't see, we're not, I think it's still plenty, it's quick enough still. So I will not support this tonight. So thank you. Thank you. Does anyone else wish to speak to the motion on the floor which amends the language of 47 council member bledsoe i just want to make sure the clarity if the motion fails the current language is on the docket today that's correct for first reading and if it if the motion passes that means that new language will be put in for first reading. The language will be changed. Okay, Council Member Maloney. I'm going to go ahead and do it and say I did. I want to make a motion that we put this in the committee on the 17th and then come back with a clear answer. So moved. Second. Council Member Lamb seconded and you are... I'm sorry Mayor, point of order. We have a motion on the floor. Well, that was my question to Council Member Maloney. Your motion is to put the language in the motion. Mayor, if I... I don't think that's... If I'm out ordered, that's fine. I wanted to say what I said, but it's fairly legal. I think, Council Member Maloney, if you'll just wait until after this vote, then it will be your privilege. But I think we do need to have this vote first. Okay, thank you. Yes, and that was your point, Vice Mayor. We have a motion on the floor. Does anyone else wish to speak to this motion? I see no one. So if you are in favor of the motion, please show your hand. And this is for the amended language. One. Seven. All those opposed? Eight. That motion fails. So, Council Member Maloney. I make a motion that we put this language in the planning and safety, public safety committee on the 17th and so moved. Second. Second. Chuck Ellinger. Okay. Thank you, Council Member Ellinger. Your motion is to place number 47 into committee, correct? Yes, ma'am. And, Mayor, could I ask a question? Yes. Council Member, do you mean not just place the issue in committee, but to remove from the docket and place the item in committee? Yes, that's correct. Thank you. I forgot to add that in there. Thank you. Thank you. There's a motion on the floor. all those in favor i mean all those who wish to speak about it um please log in but i see councilmember blood so i think your blue hand still doesn't work it does i'm sorry um don't worry appreciate um councilman maloney your motion and i will support it because i cannot support it moving on without the recommended language and changes that i proposed so thank you okay thank Anyone else wish to speak to the motion to remove 47 from the docket and put it in committee planning and public safety. All right. I see no one. If you are supportive of this motion, please vote by raising your hand. that motion passes unanimously so 47 madam clerk comes off the docket righty now when you're ready to proceed with 48 yes ma'am item 48 of resolution authorizing the mayor on behalf of your big kind of government to execute contract modification number one to the agreement with chronic home and auto business solutions usa incorporated to release to increase the number of hard copy files to be scanned and electronically electronically archived and for the division of engineering increase increasing contract price by the sum of 18,246 dollars from 55,225 to 73,471 dollars item 49 a resolution authorizing the division of water quality to purchase replacement parts and services for the rebuild of three centrifuges at the Town Branch Wastewater Treatment Plant from Flotweg Separation Technology Incorporated, a sole source provider, and authorizing the mayor on behalf of the urban county government to execute any necessary agreement with Flotweg Separation Technology Incorporated related to the procurement at a cost estimated not to exceed $100,000, item 50. A resolution authorizing the mayor on behalf of the urban county government to execute a service site agreement between Lexington and Fair urban county government and the Kentucky Environmental Education Leadership Corps, an AmeriCorps program of the Kentucky Environmental Education Council for the placement of an AmeriCorps member for the Division of Parks and Recreation through August 31, 2021, and it cost not to exceed $6,000, item 51. Resolution authorizing the approval of customer service amendment to the agreement with Windstream as sole source provider for the SDWAN and Internet Services for E911, and it cost not to exceed $23,591.40, item 52. It was a resolution authorizing the Director of the American Behavioral Government to accept a grant from the Community Action Council for Lexington, Bourbon, Harrison, and Nicholas Counties, which grant funds on the amount of $31,000, $92 in federal funds, for the provision and support of the early childhood care and education services under the Head Start Program at the Family Care Center for fiscal year 2021, the acceptance of which obligates the urban county government for the expenditure of $8,000 as a local match, and authorizing the mayor to transfer to undercover funds within the grant budget, item 43. A resolution authorizing directly on my behalf of the urban county government to execute agreement with Lexington and Citizens and Police Academy Alumni Association, incorporated 1650 and Stonewall Community Association $500 for the office of the Urban County Council at a cross-mult receive this on stated item 54. A resolution condemning the tree removal practices of Kentucky utilities demanding reconsideration thereof requesting Kentucky utilities practices be proportioned to the actual threat posed upon the company's electrical service requesting that Kentucky utilities enter into meaningful collaborative and cooperative dialogue with the link to the urban county government and other financially invested civil organizations and directing the council clerk to mail this resolution to David Freibart, the vice president of Kentucky utilities, Terry Snow, senior transmission line engineer and Kent Chandler, executive director of the Kentucky public service commission. Thank you. Thank you very much. Are there any walk-ons? Council member Farmer, did you have a walk-on? Yes, ma'am. I do. This was circulated earlier today. We had a very successful bid for the opportunity to repave the entire length of Euclid Avenue that has not been banked already. So to that end, I moved to place on the docket for the October 22nd, 2020 Council Meeting resolution accepting the bid of LM Asphalt Partners doing business as ATS Construction in the amount of $799,376.86 for the Avenue of Champions and Euclid Avenue Multimodal Improvements Project contingent upon approval of the award by the Kentucky Transportation Cabinet and authorizing the mayor on behalf government execute an agreement with LM Asphalt Partners Limited doing business ATS construction related to the bid so moved. Second. Council Member Lamb seconded. Are there any questions? All those in favor please show me your hand. Anyone opposed? That motion passes. Thank you Mayor. I will be seeking suspension on this one when we get there. Thank you. All right. Is there any other walk-on? I do not see one. Are there, let's see, I'll ask the clerk then to go ahead and give first reading to number 55. Yes, ma'am. Item 55, a resolution accepting the bid of LM Asphalt Partners, LTD, DBA, ATS Construction in the amount of $799,376.86 for the Avenue of Champions in new Glid Avenue multimodal improvement project contingent upon approval of the award by the Kentucky Transportation Cognitive and authorizing the mayor on behalf of the Airbnb County Government to execute an agreement with LM Asphalt Partners, LTD, DBA, ATS, Construction, and related to the bid. Thank you. Thank you. Now are there suspensions for second reading? Please log in. Council Member Farmer. Thank you, Mayor, for purposes of moving this along as quickly as possible for the consuming public who ride to work and go home. I'd like to give a second or anything to number 55. So moved. Is there a second? Council Member Plowman seconds. Are there any questions? All those in favor, please raise your hand. All right. That motion passes unanimously. Thank you, Council Member Fred Brown. No, you're a no. Okay. Hang on a second. Your hand went up when we were counting the yes votes. are you a yes vote or a no vote okay all those in favor of the motion please raise your hand keep it up just a minute all right thank you all those opposed all right one no vote madam clerk council member fred brown all right are there Just a clarification, that's just to suspend the rule. Yes, that's right. Thank you. Good clarification. All right. Are there any other suspensions to give second reading? Council Member James Brown? Yes, ma'am. This is Council Member Brown. Yes, ma'am. I lost count, but I wanted to suspend the rules and give second reading to the conditional offers. What number is that? 30 or 31? Hang on a second here. I'm asking the clerk. That's number 30, isn't it, Madam Clerk? Probationary appointments. Is that the one? The conditional offer was 31 and the probationary was 30. okay yeah let me do 31 i'd like to spend the rules and give second reading to number 31 so move thank you is there a second second in seconds is there any discussion that's number 31 all right all those in favor of suspending the rules to give second reading to 31 please raise your hand. Keep it up just a second longer. All right, that's that is unanimous. Thank you. Are there other motions to suspend the rules? Okay, so we have number 55 and number 31. And Madam Clerk, if you'll give those second reading, please. Item 31, a resolution authorizing the Division of Human Resources to make a conditional offer to the following unclassified civil service appointment. Marcus Brown, juvenile probation officer, grade 515 and 18.891 hourly in the Division of Youth Services effective November 9th, 2020 and 55. A resolution accepting the bid of LM Asphold Partners, LTD, DBA, ATS construction in the amount of $799,376.86 for the Avenue of Champions and Euclid Avenue multimodal improvement project contingent upon our approval of the award by the Kentucky Transportation Cabinet and authorizing the mayor on behalf of the every county government to execute an agreement with LMS, co-partners, LTD, DBA, ATS, construction related to the bid. Thank you. Thank you very much. All right. Council Member Ellinger moves approval. Is there a second? Second. Vice Mayor Kay seconds. I heard you, but I wasn't looking at you. Thank you. When you're ready, Madam Clerk, if you'll take a roll call vote. Mr. Ellinger yes ma'am Mr. Farmer yes ma'am Ms. Higgins-Hort yes ma'am Vice Mayor Kay yes Ms. Lamb yes ma'am Mr. McCurn yes ma'am Mr. Maloney yes Ms. Massadi yes Ms. Plowman yes Ms. Reynolds yes Mr. Swanson yes Mr. Worley yes ma'am Ms. Bledsoe yes ma'am Mr. Fred Brown yes and Mr. James Brown yes thank you Thank you very much. Those both passed. You can see council members communications from the mayor for information only. And then there is no fire or police discipline tonight. And then we're ready for any announcements council that you have. If you'll log in. Council member Masati. Thank you, Mayor. I just want to thank you and all my colleagues for wearing purple tonight. This is October 22nd, and this is, thank you, Domestic Violence Prevention Month, and I appreciate your support, as does Domestic Violence Greenhouse 17. Thank you. Thank you. Councilmember Plowman. Thank you, Mayor. And thank you, Council Member Massadi, for bringing that to our attention. I actually went out and bought a purple shirt, just in honor of the day and worn it all day. But what I wanted to mention tonight, and I thought I was too late, I meant to mention it on Tuesday. tomorrow's the last Friday of the second to last day of the Keeneland meet and tomorrow is the Keeneland College scholarship day which is pretty cool there's going to be $30,000 in scholarships and over 35 prizes that will be given away during the race tomorrow and winners will be randomly selected and the scholarships are eligible to all full-time students in the United States and then the other prizes will also be given to those in the state of Kentucky in addition to the scholarships. So I thought it was too late but you can actually go to Keeneland's website right now students and you can sign up sign in and then tomorrow randomly during the day you may be called to win that scholarship money for the upcoming year at the University of Kentucky. So thank you Keeneland and students get poised. Thank you Mayor. That's great thank you. Councilmember Lamb Thank you, Mayor. Just wanted to update my colleagues that Councilmember McCurron and I, I have to search the, there he is, there you are. We had a great meeting yesterday morning about the zone change public hearing process. and we planning the staff they have they have it all mapped out it's amazing how they've got it all written out so I think it's going to be pretty simple for us to be able to to replicate that I think there will be some questions that we will bring forward that will need to be decided on amongst the entire group of us but I just wanted you to know that we I felt like we had a good meeting yesterday and I think that there's really good path forward and I know that our council administrator is working on pulling stuff together and I'm hoping that we can maybe even show you all that information next week so we could have a test run so so for council member McCurn's upcoming zone change hearing so thank you very good thank you any other council members who wish to give an announcement. Okay, if I might, I'd like to line out tomorrow for not only the council, but for the public. So tomorrow is Friday, October 23rd. And at 1130, Dr. Gerald Smith and Ms. Roz Akins, who co-chaired the Mayor's Commission on Racial Justice and Equality, will brief me on the highlights of the report. Council members are invited to sit in the Zoom and hear the report. And the vice mayor and I have had some conversations and he has agreed to convene a committee of the whole for you to discuss the report and ask questions. Tomorrow, this briefing will all be by Zoom, and the public will be able to watch either live stream on our LexingtonKY.gov website or on GTV 185 on TV. It'll be streamed live and shown live. And then at 1.30 tomorrow, Dr. Smith and Mrs. Akins will join me to hold a press conference regarding the report. and joining us will be the council members the four council members who served on the commission who are able to be there and the um commissioner Chris Ford who led a an internal team of Lexington Fayette Urban County Government employees who gave all of the administrative support to the commission and with that i do want to thank commissioner ford his folks worked long hours on that as did the subcommittees the vice chairs and the co-chairs of the commission so that is how tomorrow will play out and i welcome council members who want to hear the report to join in on the Zoom. And with that, I'll ask for a motion to adjourn. So move. Thank you, Vice Mayor. Is there a second? Second. There are several seconds. So all those in favor. Thank you. We are adjourned. Thank you.