# Urban County Council - March 18, 2021 > Auto-transcribed civic record · March 18, 2021 - **Permalink**: https://meetings.lexingtonky.news/meeting/5320 - **Source video**: https://lfucg.granicus.com/player/clip/5320?view_id=14&redirect=true - **Date**: 2021-03-18 - **Last revised**: March 18, 2021 - **Length**: 14,354 words - **Speakers**: Mayor > ⚠️ **Auto-generated content.** Audio from the official Granicus video was auto-transcribed with OpenAI's open-source Whisper large-v3-turbo model, run locally by The Lexington Times. Structured facts were extracted with GPT-4o; the narrative summary was written by Anthropic Claude. Verbatim wording may contain errors. See [methodology](https://meetings.lexingtonky.news/about/methodology) or [report a correction](mailto:editor@lexingtonky.news). --- ## Meeting Overview The Urban County Council convened virtually on March 18, 2021, at 6:00 PM with Mayor Gorton presiding over the meeting. The council addressed 2 agenda items during the session, including a recognition ceremony and consideration of zoning ordinance amendments related to sign regulations. The meeting featured 2 public comments from community members and resulted in 3 formal votes by the council. The primary legislative action involved approval of changes to the zoning ordinance concerning sign regulations, while the council also conducted an informational recognition of Bill Enright for his service or contributions to the community. ## Attendance All members were present for the March 18, 2021 meeting. **Present:** • Mayor Gorton • Worley • Baxter • Bledsoe • F. Brown • J. Brown • Ellinger • Kay • Kloiber • Lamb • LeGris • McCurn • Moloney • Plomin • Reynolds • Sheehan **Absent:** None **Late:** None ## Votes and Decisions The council conducted three roll call votes during the March 18, 2021 meeting, with all three measures passing. **Ordinance 0135-21** [timestamp: 02:00] - An Ordinance amending Articles of the Zoning Ordinance relating to sign regulations was motioned by Mr. Ellinger and seconded by Mr. Worley. The measure passed with 14 ayes and 1 nay. Voting in favor were Worley, Baxter, Bledsoe, F. Brown, J. Brown, Ellinger, Kay, Kloiber, Lamb, LeGris, McCurn, Moloney, Reynolds, and Sheehan. Plomin cast the sole opposing vote. **Ordinance 0213-21** [timestamp: 03:00] - An Ordinance amending Section 2-490 of the Lexington-Fayette Urban County Government Code of Ordinances was motioned by Mr. Ellinger and seconded by Mr. Worley. This measure passed unanimously with 15 ayes and 0 nays. All council members voted in favor: Worley, Baxter, Bledsoe, F. Brown, J. Brown, Ellinger, Kay, Kloiber, Lamb, LeGris, McCurn, Moloney, Plomin, Reynolds, and Sheehan. **Resolution 0215-21** [timestamp: 05:00] - A Resolution amending Resolution 657-2019 for payment to Gresham Smith and Partners was motioned by Mr. Ellinger and seconded by Ms. Plomin. The resolution passed with 14 ayes and 1 nay. Voting in favor were Worley, Baxter, Bledsoe, F. Brown, J. Brown, Ellinger, Kay, Kloiber, Lamb, LeGris, McCurn, Plomin, Reynolds, and Sheehan. Moloney cast the dissenting vote. All three measures received majority support from the 15-member council, with Mr. Ellinger serving as the primary motioner for each item. ## Budget and Financial Actions The council addressed two significant financial matters during the March 18, 2021 meeting, totaling over $4 million in expenditures and grant acceptance. **Contract Amendment for Town Branch Commons** The council considered Resolution 0215-21, which authorizes a payment of $199,949 to Gresham Smith and Partners for services under Contract Modification No. 5 for the Town Branch Commons Corridor project. This amendment represents additional work required for the ongoing corridor development initiative. **Federal Grant Acceptance for Newtown Pike Extension** Resolution 0220-21 addressed the acceptance of additional federal funding totaling $3,855,000 for the Newtown Pike Extension Project. This substantial grant award will support the continued development of this major transportation infrastructure project, which aims to improve connectivity and traffic flow in the area. The two financial actions combined represent approximately $4.05 million in project funding, with the majority coming from federal grant sources for the Newtown Pike Extension. The Town Branch Commons payment reflects ongoing professional services costs for design and engineering work on that corridor improvement project. Both items required council approval as part of the city's standard budget amendment and grant acceptance procedures, ensuring proper oversight of significant financial commitments and federal funding acceptance. ## Public Comment Two residents addressed the council during the public comment period. **Amy Clark** spoke at [timestamp: 00:30] regarding the proposed Zoning Ordinance Text Amendment. Clark expressed concerns about the amendment's sign regulations and urged the council to seek balanced legal advice before adopting the ordinance. **Bill Farmer, Jr.** addressed the council at [timestamp: 01:30] on two topics. He commended Director Charlie Martin for his work that led to the city's release from the Environmental Protection Agency's Consent Decree. Farmer also encouraged the council to be bold in utilizing upcoming stimulus funds. ## Appointments The meeting included two appointments to city commissions. **New Appointments:** • Adam Smith was appointed to the Corridors Commission **Reappointments:** • Larry Isenhour was reappointed to the Environmental Commission The appointments were processed during the meeting, though specific transcript timestamps are not available for this portion of the proceedings. Both appointments involved volunteer positions on city advisory commissions that provide recommendations to the city council on matters within their respective areas of expertise. ## Contested Items Two significant issues generated debate and opposition during the March 18, 2021 meeting. **Zoning Ordinance Text Amendment** The proposed zoning ordinance text amendment faced community opposition, with resident Amy Clark voicing concerns during the public comment period. Clark urged the council to seek balanced legal advice before adopting the ordinance, suggesting that the current legal guidance may be insufficient or one-sided. Her intervention highlighted community unease with the proposed changes to zoning regulations, though the specific details of the ordinance and the nature of her legal concerns were not elaborated upon in the available meeting data. The outcome of this agenda item was not specified in the extracted information. **Return to In-Person Meetings** Council members engaged in heated discussion regarding the logistics and safety protocols for resuming in-person meetings. The debate revealed differing opinions among council members about the appropriate timing and conditions for transitioning away from virtual meetings, which had presumably been implemented due to COVID-19 pandemic restrictions. The discussion centered on balancing public health safety concerns with the desire to return to traditional meeting formats. Council members expressed varying levels of comfort with different safety measures and timelines for the transition. The specific positions taken by individual council members and the final decision reached were not detailed in the available meeting summary. Both contested items reflect broader community and governmental challenges during the pandemic period, involving questions of legal process, public participation, and public health considerations in municipal governance. ## Recognition of Bill Enright [timestamp: 02:30] Mayor Gorton presented agenda item 0268-21, a proclamation recognizing Bill Enright for his significant contributions to the Lexington community. The recognition highlighted Enright's dedicated service across multiple areas of civic engagement. The proclamation specifically acknowledged Enright's work organizing and supporting the annual St. Patrick's Day Parade, a community tradition that brings residents together each year. Mayor Gorton also recognized Enright's service on various city commissions, where he contributed his time and expertise to municipal governance and community planning efforts. During the presentation, Mayor Gorton outlined the various ways Enright has volunteered his time and energy to benefit Lexington residents. The recognition served as a formal acknowledgment of his ongoing commitment to community service and civic participation. Bill Enright was present to receive the recognition and briefly addressed the gathering. The proclamation was presented as an informational item, celebrating his contributions without requiring any formal action from the meeting body. This recognition represents the city's practice of formally acknowledging residents who demonstrate exceptional dedication to community service and civic engagement. The proclamation will serve as a permanent record of Enright's contributions to Lexington's civic life and community traditions. ## Zoning Ordinance relating to sign regulations [timestamp: 02:00] The council considered Ordinance 0135-21, which proposed amendments to the Zoning Ordinance relating to sign regulations. The discussion centered on ensuring content neutrality in sign regulations and bringing the ordinance into compliance with a Supreme Court decision. Key speakers during the discussion included Ms. Lamb and Traci Wade, who presented the proposed changes to the existing sign regulations. The amendments were designed to address legal requirements stemming from Supreme Court precedent regarding content-based restrictions on signage. The proposed ordinance focused on making the city's sign regulations content-neutral, which is a critical legal requirement following Supreme Court rulings that have limited municipalities' ability to regulate signs based on their message content. This type of regulatory update has become common for local governments seeking to ensure their sign ordinances comply with First Amendment protections. The council ultimately approved Ordinance 0135-21, indicating consensus that the proposed amendments were necessary to maintain legally compliant sign regulations while still allowing the city to manage signage within its jurisdiction effectively. --- ## Decisions - **0135-21** — passed (14-1): An Ordinance amending Articles of the Zoning Ordinance relating to sign regulations - **0213-21** — passed (15-0): An Ordinance amending Section 2-490 of the Lexington-Fayette Urban County Government Code of Ordinances - **0215-21** — passed (14-1): A Resolution amending Resolution 657-2019 for payment to Gresham Smith and Partners --- ## Full transcript Come on. Come on. Push the hips to the right. Two, three, to the left. Two, three, to the left. Right. And left. Last time. Come on, drop it. Almost there, come on. There you go. Nice job. Woo, get a drink. And we're going to slow it down. That was a good one. We're going to bring the heart rate down. Now we're going to do a bachata. Now the basic step in a bachata is step together, step touch. Step together, step touch. So we're going to do basic bachata with a step touch, step touch. So we're going to stay here. bachata, step touch, step touch we're going to come forward, same footwork step together, step touch lead with the shoulder if you don't have room, you can just do that in place, and then you walk back eight, then we're going to have bachata in place, same footwork, one, two, three with the lift, one, two three with the lift, when you lift give a little up with that hip, then we have regular basic bachata, step together step touch. We're going to take that basic bachata and face the right and then the left. Step together, step touch. Now make sure when you're turning, keep your face forward looking at me. That way you won't get dizzy. And then we have some sways in here and this is a nice slow bachata to how deep is your love. Nice and slow. We're going to hurry down. Remember, we're going to start with the basic bachata, with a step touch, step touch. Right and left. Ready, here we go. Step together, step and touch. Stay here, step touch. Bachata, step touch. Again. Step touch. We're going to bring it forward, same footwork. 1, 2, 3 with a touch Step, step, step If you don't have work, just do this in place Walk back or walk in place 8 Machada in place 1, 2, 3 with a lift 1, 2, 3 with a lift Again Now take Machada right and left To the left Keep going Nice and easy Make sure you use a nice hip. Back to the beginning. Pachata, step touch, step touch. Stay here. Looking good, keep going. Press those shoulders down. Come forward, lean for the shoulder. Left. Step together, step in touch. Walk it back. Bachata in place. Here we go. One, two, three, with the lift. Keep going. Bachata. Basic. Step together, step in touch. Keep going. Now basic bachata. One, two, three, with the touch. Turn. Double it up. side. One, two, three. Keep looking forward. You won't get dizzy. Step, step, step, step. Last one. Come forward. Here we jump. Make it pretty. Walk it back. In place. One, two, three. With a lift. Now we're going to hit. Big bachata. Step together. Step in touch. Keep going. Now sway here. Bachata in place. And one, two, three. Lift that leg. Basic bachata right and left. Your heart rate should be coming down. You did a great job today. Sway. Bachata and sway. One, two, three, with the lift. Let me see this. This is going on. Basic, right and left. Good posture always. Sway. And give me a pretty close at the end. Arms up. Good job. All right, we're going to stretch out and we'll be done. You did great today. I hope you had a good time I did. So give me a wide stance. Give me a big breath up. And blow it out. And again. Big breath, blow it out. Now shoulder rolls. Around, squeeze at the top. That should feel really good. Up and around. Now squeeze and release. Squeeze them up. Up, release. Now let's stretch. And up, stretch again. This time hold it. Get a good stretch. On the side of the body. Other side. If you have a bad shoulder or shoulder issue, just reach across. No problem. Hold it here. Good stretch. Move on up. Alright. Right heel down. Pull those toes back as far as you can. Nice and tall back. Now we're going to lean forward, hinge in the hip, get a stretch in the back of the leg. Now push the toes down if you can, and maybe lean them forward a little bit more. Keep your head up. Look at me so you don't get dizzy. Come on up. Let's do the other leg. Left heel down. pull those toes back, bum out to the back. Feel that stretch. Good job. Press the toes down if you can. Turn your wrists and your fingers. Give those a little stretch. Sometimes we neglect those. Now tap your shoulder. Now you're going to bring that elbow up to get a little stretch, but to your comfort level, okay? If this is the furthest you can get up, that's fine. If you can get up higher, that's good too. Don't ever force it. Just feel a nice little stretch. Other side. Arm comes across. Wiggle those fingers and wrists. And tap the shoulder. Come up. Feel your comfort level. Don't push it. Just get a nice stretch. And come back up. Now cross over. Right leg over. Left arm comes up. And get a stretch here too. Hold those abs in tight so you hold your balance. And let's switch it. Left leg crosses in front. Right arm comes up. Give me a stretch. Come on up now. Left ear to left shoulder nice and easy. Just hang out there. Take a nice deep breath. and the other side nice and gentle lean in just a little bit come on up and you shoulder roll shoulder roll again there you go give me a big breath up One more. Blow it out. One more. Blow it out. And give yourself a hand for working out today. I hope you had a great time I did. Stay healthy and I'll see you next time. Bye bye. Okay, we are on air. Thank you very much. Welcome, everyone, to the March 18, 2021 Council meeting, and I'll start us out 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. Welcome, everyone. And I'll ask our clerk to go ahead and call the roll. Yes, ma'am. Mr. Worley? Ms. Baxter? Yes, ma'am. Ms. Bledsoe? Yes, ma'am. Mr. Fred Brown? Here. Mr. James Brown? Here. Mr. Ellinger? Yes, ma'am. Vice Mayor Kay? Mr. Koiber? Yes, ma'am. Vice Mayor Kay is coming in now, Abby. Okay. All right. Ms. Lamb? Here. Thank you. Ms. LaGree? Here. Mr. McCurn? Yes, ma'am. Mr. Maloney? Yes, ma'am. Ms. Plomick? Yes. Ms. Reynolds? Here. Ms. Sheehan? Here. And is Vice Mayor K in yet? Here. I was trying to get connected. Thank you, ma'am. Thank you very much. With that, Stacey, if you could please let Jim Coleman in to the meeting. Excuse me, Mayor. Madam Clerk, I don't know if you may have missed me in the roll call, but I'm here. Thank you. Thank you, Mr. Worley. Welcome, Jim Coleman. Hello, Mayor and Council. It's great to see you all this evening. Thank you for having us. Great to see you. Jim is from Coleman Crest Farm, and Jim is going to offer our invocation tonight, and we really appreciate that. Thank you. very much, Mayor. Dear Lord, thank you for being the God that knows all of our needs. Thank you for protecting our city and our residents during this very difficult time over the last 12 months as we've all experienced the COVID pandemic. Thank you, Lord, for protecting all of our first responders who remain on the front lines in our hospitals and our streets, protecting our health, our families, and all of our neighborhoods. Thank you, Lord, for the incredible leadership of Mayor Linda Gordon and all of our council members, especially my council member, Kathy Plowman, who represents the hamlet of Uttinger Town, as well as Coleman Crest Farm. Thank you, Lord, for maintaining and protecting Lexington and Fayette County as one of America's best-kept secrets. For as you know, Lord, Lexington and Fayette County are not simply places to live, but rather a way of life. Please continue to bless our leaders, provide them the vision and innovative leadership they need to keep our city and county moving forward, where every resident who wants a good job can find a good job, and where every child is safe and secure and can read. In Jesus' holy name, amen. Jim, thank you so much for that. It's great to see you again. So much, Mary. Thank you. All right. Next up is public comment, and first is Amy Clark. And... Oh, I'm all alone. You don't look like Amy Clark. Thank you, Mayor. Ms. Clark, you know our rules. If you'll unmute yourself and give us your name and address for the record, and you'll have three minutes. Thank you. And hello, Bill Farmer. I am Amy Clark of 628 Castle Road in Lexington. I am here tonight to address different issues on the proposed ZODA than those I spoke of Tuesday afternoon. I ask you first and foremost to follow the old carpenter's maxim, measure twice and cut once. I do not believe this sign ordinance is ready for approval. How can it not be? It's been four years in the making. I'll say why in a minute, but first I want to warn you that if we approve it in haste, we will repent at leisure. That's because property rights, as valuable as permission for commercial signage, once awarded, will cost us dear if we change our mind and need to claw them back later on. In the case of billboards, not at issue tonight, buying out the lease on a sign if we change the regulations on where it may be located can even cost millions. but prohibiting or curtailing the rights for other signs, especially if they are many and well placed, along major highways, for example, can be expensive too. To give a case that is before you tonight, in 1983, we prohibited projecting signs, signs that stick out from a wall from our downtown business districts. They had product advertising. usually a beer or a soda or even a milk company would sponsor the sign for a lunch counter or a bar. Tonight's ZODA removes any prohibition on product advertising for these projecting signs, which are now a return to our downtown, but not as advertising signs. If the sign is permitted, it can advertise commercial products by the proposed ZODA. Now, it's been four years since we began the revision of our sign ordinance in response to the 2015 Supreme Court decision, Reed v. Gilbert. From the first, the guiding principle has been to achieve content neutrality. David Pike probably put it best and clearest when he addressed the Planning and Public Safety Committee in 2017. That was Valentine's Day. Since the Reed decision, said he roughly, if the government has to read a sign to regulate it, it's probably engaging in a sort of censorship. It's probably infringing on the First Amendment rights to free speech. The government may only do that if its purpose and its means of achieving that purpose can pass the very strictest scrutiny. I am not here to pretend to teach or even cite law to you. That would be ridiculous. I ask only that you as counsel seek the best and most balanced possible legal advice before adopting an entirely new sign ordinance on the utter content neutrality. Ms. Clark, your time is expired. Okay, I will ask for an additional two minutes and I'd be very grateful. There is a sentence I want to read to you. Council, what's your pleasure? So moved. Second. Who's second? Councilmember LaGree seconded. All right. Any questions? All those in favor, please raise your hand. Anyone opposed? That motion passes. You have three more minutes. That's super. follows an interpretation of the 2015 Reed v. Gilbert Supreme Court decision on these First Amendment rights that is markedly more permissive to commercial interests than our own current signage restrictions, which were, of course, composed before the Supreme Court decision of 2015, follows a markedly more permissive interpretation, reforming our entire ordinance on this principle without ever hearing from legal counsel on the other side of the question. And I'm thinking of someone like CNIC Kentucky who has worked for protecting landscape throughout the Commonwealth from signed nuisance. I will read you two sentences from a federal court decision filed less than a month ago on the Lion's Den billboard case in our own sixth district. That's billboards. I'm talking about signs more generally. We leave to another day, says the court, to consider whether after Reed, the 2015 decision, the Metro Media judgment, which was 1980 or so, still controls the validity of a billboard law. Of course, I'm thinking about signs generally, still controls the validity of a billboard law that regulates solely commercial speech and draws an on-site, off-site distinction. And they cite a 2020 Texas law case. I invite the council to consider an important question before your vote, and I believe it's the first thing you vote on tonight, the ZODA. May we regulate commercial speech differently from non-commercial, even after the 2015 decision? And may we, in the case of commercial speech, draw distinctions between advertising on-site and off? It's a huge, huge latitude in signage. And it seems to me the court says we leave to another day to consider whether after read the metromedia judgment controls the validity of a billboard law that regulates commercial speech. I would like to hear legal counsel addressing whether we can indeed handle commercial speech differently, commercial advertising. Thank you. Your time's expired. Thank you for your comments. Next up is Bill Farmer, Jr. And Ms. Clark, if you'll go ahead and take your video off, thank you. welcome Mr. Farmer if you'll state your name and address for the record and you'll have three minutes. Thank you Mayor. I'm trying to get in frame. Council thank you. Mayor Gorton, Vice Mayor Kay, members of the council good evening everyone. Thank you for giving the opportunity for public comment which is so so important. I come to you principally just in by way of compliment for Charlie Martin. The article in the paper that talked about us being released from the consent decree comes as great joy. Whether people know it or not, every pocketbook in the city has been benefited by the work he has done over the past several years to make projects less expensive, to use the least expensive money to do it with, and to get us out of the principal's office of the EPA. So I wanted to just give a comment to him for his professionalism. I mean, there was times where he was the director and he was the commissioner and the director and he did it all and does it all with great grace and has done a wonderful job for us. I wanted to thank him personally for that, having not been there to do so before this. In tangent, I just wanted to say that as we enter into the post-COVID year and noting that when my dad started his business in 1950, one of the things he would always talk about was you never have the opportunity and the money at the same time. Counsel and mayor, you're about to have the opportunity and the money at the same time. And I encourage you to be bold, to be bold in your opportunity, to be bold in your use your thought. There's great work that people have done over the last year, and there's ways for you to thank them for that through these funds, whether they were in corrections, police, fire, sanitation, sewer line maintenance, or even in the public arena, those who worked at nursing homes, those on the front line at every emergency room, those could benefit from this. But to step back further, you have the chance to use these funds to remake part of Lexington, any part of Lexington. And I would just ask you specifically to look out your own back door at the not historic parking structure that is behind your building. It's an opportunity to remove it, an opportunity to replace it. And I would just say to you that if you have been to Madrid, this is next to the train station. That's a parking structure. It looks architectural. It looks artistic. And by way of transition, uh-oh, there's public art, but my hand has moved it. So take the chance to be bold. Take the chance to clean up your own backyard. Remove the parking structure, which has had its better days and has little positive history to it. And when you remove it, look at what you can do beyond that and think about our public art public art is very important and will become more so in the days to come more than others i understand your commitment and the times you're spending there and more than others i appreciate it mayor council thank you very much thank you very much see you thank you mayor um now i believe that's all the public comment we have and next up is minutes of February 18th disciplinary hearing and March 11th council meeting. If I could have a motion to approve. So moved. Thank you, Councilman. Thank you, Vice Mayor Kay. Are there any questions? All those in favor, please raise your hand. All right, anyone opposed? same sign. Okay, that motion passes. Next up is recognition of Bill Enright. So if we can get Bill back in here, this is a very special recognition. Welcome back, Bill, and thank you for being here. I have several remarks and then I'm going to read a proclamation. And all of you know about Bill Enright, I believe. And so yesterday was St. Patrick's Day in Lexington and other places. And while we couldn't have our normal celebratory parade on Main Street, I thought we should celebrate the person I think of most when I think about St. Patrick's Day in Lexington, Bill Enright. Bill has made Lexington a more worldly and welcoming place by working to launch the ever-popular St. Patrick's Day Parade, by serving on our Sister Cities Commission and our Special Events Commission, and most recently by serving as one of the first members of the Mayor's International Affairs Advisory Commission, where he worked to address issues affecting foreign-born residents of Lexington. His membership on that commission epitomized his work in Lexington for so many years as a true force for good in Lexington's international community. And while he is stepping down from his position on the commission, we want to thank Bill for everything he has done in our community for so many years. Much of that in concert with his beloved wife, Carol. So now I have a proclamation. Bill, we will get it to you. It looks like this. And it says the following. Whereas William Bill Enright recently stepped down from the Mayor's International Affairs Advisory Commission. And whereas for many years, Bill has been a great ambassador for Lexington, working to actively engage and welcome all, especially other immigrant groups. And whereas Bill often invited immigrant groups to attend the St. Patrick's Day parade and festival. And whereas Bill and a small group of Lexington citizens founded the Bluegrass Irish Society in 1980, and that same year sponsored Lexington's first St. Patrick's Day parade, now the city's longest-running citywide civic event. And whereas Bill also served on the Lexington Special Events Commission and the Lexington Sister Cities Commission, among other organizations, and whereas we offer many thanks to Bill for his long and dedicated service to our community, Now, therefore, I, Linda Gordon, Mayor of Lexington, do hereby declare March 18, 2021, Bill Enright Day in Lexington. Thank you, Bill. Thank you, Mayor. Yes. Now, in a second, I want to ask you for remarks, but I want to know if Isabel Taylor of Global Lex was able to get on with us to make a few remarks. I do not see her in the list. Okay. I know she's traveling. So that means, Bill, we can go right to you and you have the floor. welcome thank you what can i say but thank you very much for taking the time to recognize something that i think all kinds of people do every day and that's participate in this in the life of this beautiful wonderful city um take the time to pay back a little bit for all all the things that happen carol and i came down here in 1970 with ibm on a two-year assignment and I kind of finagled my way through a little longer and ended up retiring here with after after my 30 years so or during that time so many wonderful things happened to my family and my friends I just felt like it was terribly important to to we all should pay back a little bit. Well, that has been evident throughout all of your years here in Lexington, and we so appreciate your dedication to our community and your contributions to the good of our community. So thank you so much and hope to see you soon. Maybe the next St. Patrick's Day parade and Festival, you'll be there right with us watching. Oh, yeah. And we're trying to have a halfway to St. Patrick's activity in September. So maybe we'll be able to do something then too as well. Yes. That's great. In the meantime, thanks for all the support. We could not do any of these citizen activities without the support of the council. Thank you. And I know over the years, many, many council members have enjoyed those parades and all the efforts that you have put in. So thank you again. You're very welcome. Yes. All right. Now, I believe Council Member Lamb has something before the second reading of number one. Thank you, Mayor. Yes, I oftentimes my colleagues know and are patient with me with this, I hope. But when there are lots of questions about an issue that's on the docket and there have been questions, but only one side has been given. I always like to allow both sides to speak. to speak and I had asked Wade if she would tonight to respond to some of the comments because I think that we as a council understand what's going on but the public oftentimes they don't see the the whole side and so I wanted to allow if you all would let her her opportunity to respond so thank you so much. Welcome Tracy. Good evening Mayor Gordon, members of the council glad to be here. I did listen to the work session on Tuesday afternoon where Ms. Clark attended and had some questions and comments about the adoption of the sign ordinance updates for Article 17 of the zoning ordinance and Susan was Susan Lamb was kind enough to forward me her written comments so I was able to put together some notes in response to those. One of her comments on Thursday or Tuesday was about a section that was missing. And I did double check that that is in the draft ordinance that you have in Legistar. So in converting our word document, the law department did correct the formatting error. And so that is not an issue for your ordinance tonight. It is complete. The second item she mentioned was the lack of information from our February or the planning and public safety committees meeting in February to March. And I was hoping that Ms. Maynard could share a few of our slides from that meeting. And I wanted to clarify the location we had talked about in terms of additional signage in our economic development zone. And so, Ms. Maynard, if you could go towards the end, I want to say it's maybe the third to the last slide. slide. When we talked in February, there were three areas of correction that the staff recommended be made prior to adoption. When there was a report out or minutes were being adopted at the March 2nd meeting, the attended that at that time and presented just some basic information about these three changes that were included in the packet which was available to the public on March 2nd that addressed these three changes. The subdivision entrance sign being corrected throughout the ordinance instead of using the words real estate sign that was changed to limited duration signs and then the last change had to do with the economic development zone where we addressed some conflicting references, made sure Baptist Health out at Hamburg had their regional medical signage. And then also there was a restriction the planning commission had recommended about signage near the interstate. And I guess to address those concerns, the last bit there, Ms. Clark mentioned concern about the economic development zone being updated by the Planning and Public Safety Committee and making a change. The planning commission did hear about that request from the property owners when they held their public hearing. So it is within the realm of a legislative update for the council to make a change and not have it go back to the planning commission. So the staff feels very comfortable with the changes that the committee recommended. and in forwarding the text onto the full council, we would just like to show a video, not a video, an aerial view of that, those two areas where we do have economic development zoning. So Ms. Maynard, if you could forward it to maybe two or three clicks to the maps. I think you're going backwards. There we go. So there are two places in our community where there is economic development zoning. One is in Expansion Area 3 between Newtown Pike, which appears on the left-hand side of this graphic, and Russell Cave Road to the right. And if you click, there'll be some animation. The shaded area represents a distance of 800 feet from the interstate. Within that area closest to the interstate, signs would be allowed to be larger and taller. So up to 356 square feet and also up to 90 feet tall. And that is what is already allowed in the area closest to Newtown Pike at Stanton Way and Coleman Court, where you see the label that says B5P. Those areas are already permitted to have that type of signage. There were also questions about how close those signs might be to residential areas. In this area where the blue arrow shows, that would be about 230 feet would be the closest a sign could appear from the ED side to the residential side on the other side of the interstate. Then there's another location in the bottom corner here, Ms. Maynard, if you click one more time, where the location would be as close as 150 feet, but still across Russell Cave Road from any residential uses. And the other area, if we do one more click forward, where our community has economic development zoning is in expansion area 2A. Again, along the interstate between Winchester Road and Manowar Boulevard. And again, the shading, if we click one more time, can animate. That's the 800 foot distance where you would be able to have those taller signs. And in this general vicinity, Caddy Corner on Executive Drive, there's that same zoning, B5P, and it also appears in the Hamburg area as well. And two more clicks for us, Ms. Maynard. Their distance in this area to residential is 850 feet, either on Hume Road or on Polo Club Boulevard, where there would be permitted residential in this area. I think that addresses some of the questions about where these signs might be located and their potential relationship to residential zoning in that vicinity. And also just wanted to note that the differences between what's allowed in our B5P zones, which is our interchange service business zone, and the billboards is a bit different. These signs are what you might see on the interstate as you're driving that would advertise gas or restaurants, and they are very tall and therefore very large because they need to be seen from a greater distance. So that explains why they're allowed to be taller and a bit larger than a normal sign. I'd be happy to address any other questions or concerns about the ordinance. I would just remind the council that the focus of this update is content neutrality and compliance with a Supreme Court decision from last in the last decade. Thank you very much, Ms. Wade. Are there any questions for her before she goes? Council Member James Brown. Thank you, Mayor. And Tracy, maybe you can answer a question. the signs in the ED zone that we were talking about, the distance of 800 feet, the examples that you showed in their proximity to the residential areas, does the ordinance dictate what direction the signs are facing or their intended audience? It does not. It gives a taller sign and the larger sign, and they get one per lot, and then at the local road height, they get a 50 square foot sign that can only be 20 feet in height. So it doesn't really indicate the direction it has to face. It just has to be on their lot. So the one ED track that you show, is it only allowed one sign or can they have multiple signs? Yes, as they start to subdivide that large tract of, I think it's about 350 acres between Newtown and Russell Cave, they will start to subdivide it into lots and then each lot would get one tall sign. The Planning Commission is able to require on a development and plan the location of signage. So they would be as that particular lot or those lots closest to Russell Cave come in. The planning commission could say, please put your sign in this location. Okay. Well, I appreciate you asking those questions. I was asking them in relation to an email that I received today. And if there is an opportunity to regulate those so they don't impact the residential areas, I think that's a conversation we may have have to have at a later date. Thank you. Thank you, Mayor. You're welcome. Any other questions? All right. Thank you so much. We appreciate your explanations and clarity. Thank you. Thank you. All right. With that, I think we are ready for second reading of ordinances. Yes, ma'am. Ordinance number one, an ordinance amending Article 17, 8-2104, 8-2405, 22B-6, Appendance 24B-61, 28-3H6, 28-4H5, and 28-55 of the zoning ordinance related to sign regulations. Item 2. An ordinance amending section 2-490 of the Lexington Fayette Urban County Government Code of Ordinances to remove the requirement that the Homelessness Prevention and Intervention Board submit annual reports and instead require that that board review and approve reports developed by the Office of Homelessness Prevention and Intervention on the activities of the Innovative and Sustainable Solutions to Homelessness Fund prior to submission to the Mayor, the Urban County Council, and the Community. Item 3. An ordinance amending certain of the budgets of the Lexington-Fayette-Urban County Government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds, fiscal year 2021, schedule number 36. Item 4. An ordinance amending and restating ordinance number 42-2020 as amended and restated by ordinance number 54-2020, ordinance number 80-2020, and ordinance number 103-2020, which pertains to the suspension of certain ordinances for expanded restaurant, bar, and retail business uses to extend the deadline through October 31, 2021 to remove temporary street closures to provide the procedure for requesting the use of on-street parking and adjacent parks to require current permit holders to reapply and to provide certain clarifications and other corresponding changes effective upon passage of counsel item 5. An ordinance admitting the authorized strength by creating one unclassified position of overdose prevention project coordinator grid 519n for a term of two years ending September 30, 2023 and also extending the current term of the existing unclassified overdose prevention project coordinator grid 519n for a term of two years ending September 30, 2023, in the Division of Fire and Emergency Services, effective upon passage of council. And item 6, an ordinance amending certain of the budgets of the Lexington Fair Urban County Government to reflect current requirements for funds in the amount of $3,000 to provide funds for council projects. In the Division of Environmental Services to assist with Green Space Commission's Cold Stream Park Native Area Enhancement Tree Planning Project, and appropriating and reprimand funds, Schedule number 38. Thank you. Thank you. Is there a motion to approve? No, it's a motion to approve. Okay, a second. I'm sorry, who seconded? Councilmember Worley seconded. All right, when you're ready, Madam Clerk, if you'll please take a roll call vote. Yes, ma'am. Mr. Worley? Yes, ma'am. Ms. Baxter? Yes, ma'am. Ms. Bledsoe? Yes, ma'am. Mr. Fred Brown? Yes. Mr. James Brown? Yes. Mr. Ellinger? Yes, ma'am. Vice Mayor Kay? Yes. Mr. Kuiber? Yes, ma'am. Ms. Lamb? Yes, ma'am. Ms. Legree? Yes. Mr. McCurran? Yes, ma'am. Mr. Maloney? Yes. Ms. Plowman? Yes to all. No to number one in regard to the large commercial signage in the ED zone and lack of public comment. Ms. Reynolds? Yes. And Ms. Sheehan? Yes. Thank you. Thank you. Those all pass. And now when you're ready, we'll have first reading of ordinances. Yes, ma'am. Number seven, an ordinance of the Lexington Fair Urban County Government establishing a schedule of fees to be charged by the Lexington Fair Urban County Government in connection with the issuance of revenue bonds pursuant to KRS 103.200 to 103.285, item eight. an ordinance amending certain of the budgets of the Lexington Fair Urban County Government to reflect current requirements for funds in the amount of $5,000 to provide funds for council projects in the Division of Community and Resident Services for the Reading Room at the Black and Williams Neighborhood Center and reappropriating funds, Schedule No. 40, Item 9, an ordinance amending certain of the budget of the Lexington Fair Urban County Government to reflect current requirements for funds in the amount of $1,373 to provide funds for council projects in the Department of Environmental Quality and Public Works for the installation of Distillery District Manchester Street signage and appropriating and re-appropriating funds Schedule number 41, item 10. An ordinance amending started the budget that the Lexington Fair Urban County Government reflect current requirements for funds in the amount of $6,600 to provide funds for council projects in the Division of Parks and Recreation for installation of a water source in Kirk-Levington Park and startup of the Fairlington Community Garden Project and appropriating and re-appropriating funds Schedule number 42, item 11. An ordinance amending started the budget that the Lexington Fair Urban County Government reflect current requirements for funds in the amount of $195 for neighborhood development funds for purchase and replacement of damaged right-of-way street right-of-way tree at the bellowwood neighborhood entrance schedule number 39 item 12 an ordinance amending certain of the budgets of the license and fair urban county government to reflect car requirements for municipal expenditures and appropriating repropriations fiscal year 2021 schedule number 37 and item 13 an ordinance amending the author of strength by abolishing one vacant classified position of sewer line maintenance assistant superintendent grade 520e one vacant classified position of maintenance mechanic, grade 515N, and creating one classified position of public service supervisor senior grades 517N and one classified position of engineering technician senior grade 516N in the division of water quality effective upon passative counsel. Thank you. Thank you. Are there any walk-ons? Okay. Are there any motions to suspend the rules? all right i see none so we'll move on to second reading of resolutions yes ma'am item number one a resolution authorizing the mayor on behalf of the urban county government to execute an agreement with audience view incorporated for ticket services for the pamela downtown art center at no cost to the government item two a resolution authorizing directly near on behalf of the urban county government to accept the donation from the city of manasas virginia for 34 scott air packs for use of the at the division of fire and emergency services at no cost to the urban county government item three a resolution amending resolution 657 2019 to revise account numbers for payment of 199,949 to gresham smith and partners for services under contract modification number five for the town branch commons corridor item four a resolution amending resolution 116-2020 to revise account numbers for payment of 94,000 to stand at consulting services incorporated for services under a professional service agreement related to the town branch commons town branch trail phase six and turn lane projects item five a resolution amending Resolution 126-2020 to revise account numbers for payment of $160,233 to a Culean Consulting for Services under a Professional Services Agreement related to the Sound Branch Commons Construction Project, Item 6. A resolution authorizing directly the Mayor to execute an agreement with Management Registry Incorporated to provide service support staff for Chemical Stockpile Emergency Preparedness Program at a cost not to exceed $184,033, Item 7. A resolution accepting the bid of Central Equipment Company and Wright Implement establishing price contract for tractor and mower parts for the Division of Facilities and Fleet Management, Item 8. A resolution accepting the bid of Waste Equipment Manufacturing Company, LLC, and TASA Supplies establishing price contracts for open-top containers for the Division of Waste Management, Item 9. A resolution accepting the bid of Old Glory Resources, Incorporated establishing a price contract for wood fiber safety surface for the Division of Parks and Recreation, I've been 10. A resolution ratifying the probation and classified civil service appointments of Nolan Sweet, technical specialist, grade 515 and 18.797 hourly in the division of computer services, effective March 22, 2021. Anthony Owens, public service supervisor senior, grade 517 and 23.352 hourly in the division of water quality, effective March 22, 2021, and ratifying the probationary support appointment of Timothy Groll, police sergeant, grade 315 and 32.408 hourly in the division of police, effective March 15, 2021, and ratifying the classified civil service voluntary demotion of Brenna Angel, Information Officer, Office Supervisor, Grade 522E, 2700.88 bi-weekly, in Division of Parks and Recreation, effective April 5, 2021, Item 11. A resolution authorizing and directly-maying on behalf of the urban county government to execute an amendment to an agreement with the Welcome House of Northern Kentucky in order to reduce the total contract price by $60,896 and extend the period of performance for fourth year and to provide an option to renew the contract for fifth year at a cost of $94,960, Item 12. A resolution authorizing the mayor on behalf of the urban county government to execute supplemental agreement number six with the Kentucky Transportation Cabinet for the acceptance of an additional federal funds in the amount of $3,855,000 for the Newtown Pike Extension Project, the acceptance of which obligates the urban county government up for the expenditure of $200,000 as a local match, and authorizing the mayor to transfer undergarment refunds within the grant budget, item 13. A resolution authorizes the mayor on behalf of the urban county government to execute second renewal of the agreement with Advanced Mulching Technologies and Purported TBA EcoGro for post-construction monitoring, reporting, and maintenance related to the Coldstream Park Stream Corridor Restoration and Preservation Project, a supplemental environmental project required by the consent decree, and a cost estimated not to exceed $133,810. Item 14, a resolution authorizing directing the Division of Traffic Engineering to install five-speed tables on Pine Bloom Drive between Alexandria Drive and Georgian Way for guidelines in the Neighborhood Traffic Management Program at a cost of $22,500. Item 15, a resolution authorizing and directing the mayor on behalf of the Urbany County Government to execute a memorandum of understanding with the University of Kentucky Army ROTC for the use of Heisel Farm Park for ROTC training at no cost to the government. Item 16, a resolution authorizing and directing the mayor on behalf of the University of Kentucky Army ROTC. Irving County Government to execute a purchase of service agreement with Children's Advocate Center of the Bluegrass for additional forensic interviews at a cost to exceed $50,000. Item 17. A resolution authorizing the mayor on behalf of Irving County Government to execute an agreement awarding a Class A neighborhood incentive grant to Walnut Hill Club at Childsburg Owner Association for stormwater quality projects at a cost to exceed $98,400. Item 18. A resolution authorizing the mayor on behalf of Irving County Government to execute an agreement awarding a Class B education incentive grant to Bluegrass Green Sports Incorporated for stormwater quality projects and it costs not to exceed $35,000. Item 19. A resolution authorizing the mayor on behalf of the urban county government to execute a railroad facility encroachment agreement with CSX Transportation Incorporated for the New Circle Road Trump's A&B sewer project, a remedial measures project required by the consent to create a cost not to exceed $8,600. Item 20. A resolution authorizing and direct to the mayor on behalf of the urban county government to execute master service agreement and related documents with Trusted Sec LLC for LFUCG Technical Infrastructure Security Assessment Services for the Chief Information Officer. at a cost not to exceed $12,000 and authorizing the Chief Information Officer to execute any necessary change orders for this project up to the cumulative amount not to exceed 20% of the contract price, item 21. A resolution approving and authorizing the Supplemental Assistance Agreement between the License and Fair Urban County Government and the Kentucky Infrastructure Authority to provide an additional $15,811,809 in loan funds for Phase 2 of the West Hitman Wood Weather Storage Tanks Project, item 22. A resolution authorizing and directing me on behalf of your mechanic government to execute a memorandum of understanding with the Commonwealth of Kentucky Educational Workforce Development Cabinet, Department of Workforce Investment, and a cost not to exceed $2,400, item 23. A resolution authorizing and directing me on behalf of your mechanic government to execute an agreement with Asset Works Risk Management Incorporated, a solicitor provider for professional property appraisal services for comprehensive property insurance appraisal services and supplemental property underwriting data at a cost not to exceed $33,000, item 24. A resolution authorizing and directing the mayor on behalf of the urban county government to execute and submit a grant application to the Kentucky Department of Environmental Protection Division of Waste Management and to provide any additional information or question in connection with this grant application and to accept this grant if the application is pleased with which grant funds are in the amount of $102,000 in Commonwealth of Kentucky funds and are for the support of a one-day household hazardous waste recycling event for Fiat County in fiscal year 2022. to the acceptance which obligates the urban county government for the expenditure of $25,500 as a local match and authorizing the mayor to transfer an unaccombed fund within the grant budget, item 25. A resolution authorizing directly may on behalf of the urban county government to execute and submit various grant applications to the Kentucky Transportation Cabinet to provide any additional information or requests in connection with these grant applications and to accept these grants if these grants are approved or awarded, which grant funds are in the amount of $792,176, 401,600 FHWA planning, 48,400 for Federal Transit Administration Section 5303, 343,176 for Surface Transportation Block Grant in federal funds, and offer fiscal year 2022 transportation planning activities under the Unified Planning Work Program, UPWP, the exempted which obligates the urban-cutting government expenditure of $172,194 as a local match, and authorizing the measure to transfer to under-cumbered funds within the grant budget, and item 26. A resolution dividing the extended social resource ESR program into two distinct and operational independent components, the community-based initiative program administered by the Department of Social Services, and the overnight emergency shelter program administered by the Office of Homeland Security Prevention and Intervention, setting a minimum budgetary funding goal of 1% of the general fund revenue collected from the last full fiscal year and establishing funding percentages for each component of the ESR program within the ESR program budget. Thank you. Thank you very much. Is there a motion to approve? Motion approved. Thank you. Is there a second? Second. Number five seconds. And if you'll take a roll call vote, please. Mr. Willie? Yes, ma'am. Ms. Baxter? Yes, ma'am. Ms. Bledsoe? Yes, ma'am. Mr. Fred Brown? Yes. Mr. James Brown? Yes. Mr. Ellinger? Yes, ma'am. Vice Mayor Kay? Yes. Mr. Koiber? Yes ma'am. Ms. Lamb? Yes ma'am. Ms. LeGree? Yes. Mr. McCurron? Yes ma'am. Mr. Maloney? No. On three, four, five, yes on the rest. Ms. Ploman? Yes. Ms. Reynolds? Yes. Ms. Sheehan? Yes. Thank you. Thank you very much. Those all pass. And when you are ready, if you will please give first reading to resolutions. Yes, ma'am. of Streets and Roads effective March 21, 2021, and Dennis Forbes Equipment Operator Senior Grade 5, 12, and 17.766 hourly in the Division of Streets and Roads effective March 8, 2021, and ratifying the permanence when appointments of Ron Moore, Police Sergeant Grade 315N, 32.408 hourly in the Division of Police effective February 28, 2021, and ratifying the Classified Civil Service Voluntary Demotion of Danny Stevens, Public Service Worker Grade 507N, 18.079 hourly in the Division of Parks and Recreation effective March 8, 2021, Item 28. A resolution on authorizing the Division of Human Resources to make a conditional offer to the following probation and classified civil service appointments. Alex Herring, Equipment Operator Senior, Grade 5, 12, N, 16.792, Ireland, Division of Streets and Roads, effective April 12, 2021. Melissa Turner, Social Worker, Grade 5, 13, E, 1,434.40, Bi-weekly, Division of Family Services, effective April 5, 2021. And authorizing the Division of Human Resources to make a conditional offer to the following probation and community correction officer appointments. Jacob Shearer and Wesley Preifels, both community correction officers who recruit grade 109N 15.384 hourly in the Division of Community Corrections, effective upon passage of counsel and authorizing the Division of Human Resources to make a conditional offer to the following unclassified civil service appointment. Felicia Johnson, Educational Program Aid Part-Time, grade 508N 14.918 hourly in the Division of Youth Services, effective March 22, 2021. Item 29. location services to the public at a total cost, knock to see $204,016, item 31. A resolution on behalf of the urban county government authorizing and directing the mayor to accept a direct allocation of federal grant funds from the United States Treasury under the American Rescue Plan Act of 2021, which grant funds are up to $9 million for the purpose of providing emergency rental assistance to residents of Fayette County, the acceptance of which does not obligate the urban county government for the expenditure of funds, and authorizing the mayor to try to undercrumber funds within the grant budget item 32 a resolution authorizing directly on the mayor behalf of your mechanic government to execute an agreement with wild health health incorporated and its subsidiaries c19 laboratories incorporated in order to provide testing for covid 19 item 33 a resolution authorizing the mayor behalf of your mechanic government to execute an agreement awarding a class a neighborhood incentive grant to group from the community association for product first from water quality projects at a cost doctor exceed 10 293 dollars and 20 cents item 34 A resolution authorizing directly on behalf of the Irving County Government to execute the environmental covenant with the Commonwealth of Kentucky Transportation Cabinet related to the Newtown Pike Extension Project at New Cross to the Irving County Government and Item 35. A resolution authorizing and directing mayor on behalf of the Urban County Government to accept a grant from the Kentucky Office of Homeland Security, which grant funds are in the amount of $201,500 in federal funds under the fiscal year 2020 state of Homeland Security for the purchase of a camera, searchlight, network, and associated support equipment and installation for the Division of Police, except into which does not obligate the Urban County Government for the expenditure for authorizing and undercurrent funds within the grant budget. Thank you. Thank you, Ms. Allen. Are there any walk-ons? Are there any motions to suspend the rules and give a second reading? Council Member Lamb. Thank you, Mayor, and thank you. I would like to, at the request of the administration, request number 29 and 30, because it's time sensitive, to suspend the rules on both 29 and 30, please. Thank you. Is there a second? Second. Thank you, Councilmember Worley. Any questions? All those in favor, please raise your hand. Anyone opposed? All right, that motion passes. Vice Mayor Kay. Thank you, Mayor. I would like to move to suspend the rules and give second reading to item number 31, which has to do with rental assistance funds related to the federal grant. So moved. Thank you. Is there a second? Second. Council Member Lamb seconds. Any questions? All those in favor, please raise your hand. Anyone opposed? All right. That motion passes. Council Member James Brown. Thank you, Mayor. I'd like to suspend the rules and give second reading to number 28. These are conditional offers of employment. So move. Is there a second? Second. Council Member Plumman seconds. Any questions? All right. All those in favor, please raise your hand. Anyone opposed? All right. Thank you. That passes. Council Member Sheehan. Thank you, Mayor. I would like to make a motion to suspend the rules and give second reading to number 32, which is a resolution for COVID testing. Thank you. Is there a second? Second. Whoa. Madam Clerk, we had about four different ones. I think I saw Council Member Kloiber's first, but we had several seconds. So any questions? All those in favor, please raise your hand. All right. Anyone opposed? All right. That passes. Any other motions to suspend the rules? All right. We have numbers 28, 29, 30, 31, and 32. And when you are ready, if you will give those second reading, please. Yes, ma'am. Item 28, a resolution authorizing the Division of Human Resources to make a conditional offer to the flying probation and classified civil service appointments. Alex Herring, Equipment Operator Senior, Grade 512N, 16.792 Hourly in the Division of Streets and Roads, effective April 12, 2021. Melissa Turner, Social Worker, Grade 513E, 1434.40 Bi-weekly in the Division of Family Services, effective April 5, 2021, and authorizing the Division of Human Resources to make a conditional offer to the following probation of Community Correction Officer appointments. Jacob Shearer and Wesley Creifels, both Community Correction Officer Recruit Grade 109N 15.384 hourly in the Division of Community Corrections, effective of administrative counsel, and authorizing the Division of Human Resources to make a conditional offer to the following unclassified civil service appointment. Felicia Johnson, Educational Program A, Part-Time Grade 508N 14.918 hourly in the Division of Youth Services, effective March 22, 2021, Item 29. a resolution authorizing and directing mayor on behalf of the urban county government to execute an amendment to the agreement with the u.s department of housing and urban development under the housing opportunity for persons with aids hoqua grant program extending the period of performance through april 30 2021 and shifting funds from one eligible activity to another item 30 a resolution authorizing the mayor on behalf of the urban county government to execute a purchase a service agreement with any necessary documents including including amendments that do not require the expenditure of additional funds with catholic charities of the diocese of lexington to provide additional relocation services to the public at a total cost not to receive $204,016. Item 31. A resolution on behalf of the urban county government authorizing and directing the mayor to accept a grant allocation of federal grant funds from the United States Treasury under the American Rescue Plan Act of 2021, which grant funds are up to $9 million for the purpose of providing emergency rental assistance to residents of Fiat County, the acceptance of which does not obligate the urban county government for the expenditure of funds and offerings in the mayor to transfer an unaccompanied front within the budget in item 32. A resident authorizing the enderating grant to execute an agreement with Wild Health Incorporated and its subsidiaries, C-19 Laboratories, in order to provide testing for COVID-19. Thank you. Thank you very much. And now, is there a motion to approve? So moved. Second. Council Member Plowman. And who did I hear? I'm sorry for the second. Council Member Baxter. Any questions? All right. As soon as you're ready, Madam Clerk, if you will take a roll call vote. Mr. Worley? Yes, ma'am. Ms. Baxter? Yes, ma'am. Ms. Bledsoe? Yes, ma'am. Mr. Fred Brown? Yes. Mr. James Brown? Yes. Mr. Ellinger? Yes, ma'am. Vice Mayor Kaye? Yes. Mr. Kloiber? Yes ma'am. Ms. Lamb? Yes ma'am. Ms. LeGree? Yes. Mr. McCurran? Yes ma'am. Mr. Maloney? Yes. Ms. Plumman? Yes. Ms. Reynolds? Yes. And Ms. Sheehan? Yes. Thank you. Thank you. Those all pass. Next, if I could have a motion, please, for communications from the mayor. Moved. Is that approval? Vice Mayor Kaye moves. Is there a second? Council Member Ellinger, thank you. Are there any questions? Okay. Okay, all those in favor, please raise your hand. Thank you. Anyone opposed? Same sign. Okay, that passes. There are no fire or police disciplines. And so next, council members, if you'll please sign up for announcements. Council member Reynolds. Thank you. The screen keeps moving on me. Thank you, Mayor. And well, tonight, I just wanted to bring something up that I've spoken with you all about, but we've discussed in the past about the need to meet back in person, and the importance of that for our job. And so after speaking with CAO Hamilton and law, I believe that we can do that now in a safe and effective way, including public comment. And so I believe that we can do this in a way that is helpful, but also safe and effective. So tonight, I would like to make a motion. I would like to make a motion that we move to meet in person for official council meetings after our council spring break, at which point we will all be fully vaccinated on Tuesday, April 6th. So moved. Is there a second? Second. Council Member Ellinger seconds. Is there any discussion? if you'll log in well council member brown you're on for a an announcement correct uh just if you have discussion of the motion um let me see your hand please uh councilman let's okay let's do lamb sheehan maloney ellinger mayor i think to help you let's move around hold your hand down thank you okay council member lamb thank you um thank you mayor and thank you uh council member reynolds for bringing this forward i do uh as we talked on the phone i do want to clarify some um you know cdc points and i don't know if mayor if there's anybody in the council chamber or if miss hamilton is available hamilton can uh answer questions and okay that sort of thing because i I do want to, you know, we still have, while I assume the large part of us are all vaccinated, I don't know about the staff. And I just, you know, I want to just clarify that information. So, please. Oh, there she is. And clarify the issues if there are any. um council member Reynolds asked me regarding the staff how what would be how would we would handle the staff if if we came back into the chamber and my comment to council member Reynolds was we'll work that out and what I meant about that and what I said was that if the the council and law is on here too and they can correct me when I misspeak but um the if we're working with a council chamber that has to be 60 percent capacity or so what we could always do if there was a problem we would rotate our staff in and out if if we got too crowded in the chamber we also would spread that staff out and and we have learned i think from the zoom experience that we don't need as many staff in that chamber is a lot of times that we put in and we would we would be very careful as to how many staff we put in. We also would be very cognizant of anybody that felt dubious about that. And we would try to work that out too. I have not gone around and asked, and I'm not supposed to, staff whether they have been vaccinated or not. But I have a very good feeling just from word of mouth that a lot of our senior staff have been. But our position would be that we would certainly work out whatever the council decides to do. And we would just make sure that we don't have too many people in that room. And we would be aware of anybody that was uncomfortable and work that out. And I guess, and I would ask this of Ms. Hamilton or law department, would we be required? I know that right now the CDC is saying that if you have a group of people that have all been vaccinated, that you may sit inside a room together and unmasked, but we won't know if there are unvaccinated people. So will that mean we have to stay masked? Well, I'm going to answer for, and I think law is on here, but I'm going to answer from a staff perspective, okay? Yes, ma'am. I would, in that chamber, I would probably stay, I will stay masked if there are other people, and I think our staff will stay masked. We do that now, just out of habit. We're just trying, even if there's a vaccination, we're trying to stay masked. so we would I'm not saying the council has to do that but I'm saying it on behalf of the staff we will stay masked okay all right thank you for that clarification and thank you mayor thank you councilmember Sheehan thank you mayor I have a question about what the legal responsibilities we have to the public um commissioner speckert i know you had mentioned before that if we are meeting fully in person then we need to be open to the public so i wanted to hear a little bit more about how we would manage that logistically um and what safety measures we would put in place because even if we are all vaccinated um we can still be carriers and if we have public coming in i have a safety concerned about that. Susan, do you want me to take, are you on here? You're on here. I am on here and Keith is on here. The legally what Council Member Sheehan has said is correct. The Attorney General has said if the legislative body is all back in person that then you have to reopen to the public. But I do think that we can put the safety restrictions in place with respect to capacity, social distancing, masking, and that sort of thing. Thank you. Thank you. Commissioner Specker, isn't the mask a mandate right now from the governor? Or is it? Mayor, it is a mask. It is a mandate. What I don't know is, well, the governor's orders are largely advisory for local government. And I don't know the answer to, let me say this. I think we could certainly have staff members mask, members of the public who are attending masks. With respect to how council deals with masking and unmasking when they're speaking and that kind of thing. I don't know the answer to that question. Okay, right. Thank you. Councilmember Maloney. Thank you. And I tried to come back last year and I got a lot of my questions answered. There were a couple of council members that did not want to come back and I've got a feeling we may have a couple of council members that may not want to come back. My concern is right now across America, one out of five people have gotten this shot. That's pretty good, but we haven't got, to me, I'd rather see five out of five get this shot. And I personally think the president says, and the mayor, you have your meetings every two weeks or whatever, that we hope to have everybody, adult, be able to have the shot after Matt. And mayor, I asked you this question earlier in your meetings and I don't, there's going to be a time if you go to Rep Arena or you get on an airplane or you go somewhere, you're going to have to have proof that you've had the vaccine. And I don't think we're set up to do any of that yet. And I don't know what in public places, in government places, are we going to have to allow that too, that we're going to have to show that you've had, that's something that's going to be asked later. I don't need to ask that now, but I'm just saying, I personally think I'm going back as soon as possible but I think to me we wait after summer break and I think to me that's going to clear things up it's going to have more people everybody should have been able to take the shot that gives you a chance Mayor and your staff to come back because I got a feeling University of Kentucky are going to look at the safety of people who do not take this shot that they have to have proof to come into their places. So there's a lot of unanswered questions here on when or how far are we going to go with this? I think the world's changing. I think the airports are doing it. I'm for going back ASAP. But I think to me, the better we go back after the summer break, I think it would be more people about everybody's had the opportunity to take the shots. And I think my colleagues are concerned about going back right now because they have concern. only one out of five people have gotten shot. So I would feel most comfortable, but whatever you all vote, I would do what you want. But I just, in common sense, I think that we get back with a plan, and by doing it this quick, this week, in two weeks, it's not a good plan. If we're going to do something, I think it's going to take months to find out what rules we're going to have, so I recommend that we wait until March, I mean until the summer break. That's just me. But y'all do what you want to do. Thank you. Councilmember Lagree. Thank you, Mayor. I have additional questions about the public comment setup. If we were to return in person, would we expect that anybody who wanted to engage with us would come into chambers? And I guess that goes for staff and for the public, or would they be provided with other options coming in virtually or some kind of hybrid setup? I feel as though until we get to a certain number of people who've been vaccinated in Fayette County, and we also have the verification for how long the vaccine lasts, that there may be a number of people who want to engage, either because they're professionally required because they're staff, and or who want to give public comment. So I'm curious about any kind of hybrid setup or options there. I think that Commissioner Speckert is probably the one to answer the question about if council fully comes back in person, what we do with the public. Because we've talked about that before and we've tried a hybrid meeting before. um mayor and council member i i do think that um according to the attorney general if the council all comes back then we do have to reopen to the public now i again i think that we can put the you know various safety restrictions into place um i think there there are going to be a lot of logistical questions that I'm not going to be able to answer as I sit here right now. You know, so we'll have to figure some of the logistics out. And there may be people who will want to give public comment through other kinds of means that we can try to accommodate that. But I think that we would be able, as CAO Hamilton said, if it's the will of council to come back, then I think what we would do is have to go back and figure out logistically how we would make all of this work. And we would certainly be able to do that. Does that help with your questions? So I think it's a beginning. Certainly. And and so just to clarify, if we were to be coming back, then all of those logistics would need to be laid out and figured out within the next two to three weeks. Is that accurate? Yes. Okay. And one other kind of logistical question, I suppose. I know we talked about wearing masks, but I just wanted to clarify. If people were to come into chambers and they were to engage, either if they're staff or if they are the public, would they wear the mask the whole time while they're speaking? Is that something that we would expect or would we expect them to take the mask off? Or is that something is that a logistic logistical issue that we would iron out in the next two weeks? I think that would need to be ironed out, don't you, Commissioner? I do. I think that what we've what we've sort of been doing is taking the mask off when you're speaking and cleaning the microphone. That's what we did during the disciplinary hearing. Okay. That's all. Thank you, Mayor. Thank you. Council Member Ellinger. Thank you, Mayor. I remember we discussed this back in the fall, and one of the big stumbling blocks was being in the red zone. And we were going to readdress this after the red zone. And it's my understanding we're out of that. I think we're at 3.23% right now. So the red zone is not the issue. and it's my understanding the state legislature they're meeting um in session and there's 100 representatives there and 38 centers there what's their protocols when it comes to how they're meeting because they're there are larger bodies than we are does anybody have the answer to that i don't think they've had any protocols quite honestly okay they've just been meeting and then when we do go back on april 6 that you're talking about all meetings um the committee meetings work sessions council meetings so we go back as we normally would all back in in chambers is that correct council member reynolds yes i i was thinking of those meetings that you just mentioned and then when i spoke with um with susan specker we weren't sure about if we could pick which ones we were back in person or not. Is that correct, Susan? And I didn't realize that. So I think that one of the questions was if there was a meeting and you felt like you wanted it to be done virtually, but you had other meetings, if you wanted to be there in person, could you sort of go back and forth? There's not going to be a clear answer to that. so I think we will give that some thought but and have to kind of work through that as we go along and I guess just to wrap up if we decide to go back I assume the red zone would still be the the line of demarcation that if we went above the red zone again that we would have to go back to not to meeting on zoom i guess is kind of the the numbers that we have to make the the change back to uh not in person again would that be true um councilman reynolds yeah i mean obviously if there was something like that that happened we would have to change our strategy um we wouldn't keep meeting if it wasn't safe thanks but i want to reinforce that I think that the state legislature, they're meeting, there's 100 in that body, and the Senate has 38, and they're capable of doing it. So I support this motion. Thank you. So I have a little extra input from Kevin Adkins. He says the General Assembly only invites the public in to testify. Otherwise, the public is not allowed in. Now, I don't know, Commissioner Speckert, if we're allowed to do that, but that's what the General Assembly is doing. yeah i think we need to then follow up with that because we do have to deal with the with the public and that has to be certainly part of going back into um into the chambers would you like me to address that mayor yes please i i think and and and mr horn if if you feel differently, I think Mr. Horn is on here. I think that we would have to provide a physical location for the public to come and gather to watch the meeting. So that could mean putting them in the area that we use as overflow and the mezzanine and having people walk in who want to make public comment. But I do think that under you know, pursuant to the attorney general opinion that we will have to provide a physical location for the public. Would you agree with that, Mr. Horn? I do. And if you, for example, Mayor, when you read that statement at the beginning of every meeting that we've been doing, it says that you can't provide a primary place for meeting. If the group is meeting in public, then it makes that statement not seem accurate. And as Susan said, the Attorney General has said, if you meet completely in public, then you have to permit the public. Now, I think that there can be some restrictions on capacity and like Commissioner Speckert mentioned, using the overflow area and things like that. But if you do come back in person, you're going to have to permit some public attendance and or participation. Okay, so we're under sort of different rules than the General Assembly, it sounds like. Okay, thank you. Councilmember Plowman. Thank you, Mayor. And I was just going to share a few thoughts I have. I know we all want to come back. I think in two weeks, a little abrupt. We're going to be doing other things in the next two weeks. And we've got to get the logistics down pat. And I just think we ought to give ourselves more of a buffer to make sure that that's all in place before just taking off for break. But also, you know, I'm sure all of us are kind of watching what's going on in Europe. You know, we're still in an unknown area. I don't want to wait till after summer break, but perhaps there's some time in early May when the president is saying that anybody that wants a vaccine could have had it by May. And I think it's a little safer. You know, you look at the amount of millions of people that are getting vaccinated every day. So to give us more of a cushion from just two, not just two weeks, but moving somewhere beyond that. I don't know what that magic date is, but I just think more towards the end of the month or end of May versus in two weeks. So those are my thoughts. Thank you, Mayor. Thank you. Vice Mayor Kay. Thank you, Mayor. I've been one of the people who have been resistant to coming back in person for a variety of reasons. they have to do with my own assessment of what the risk is. At this point, my sense personally is that I'd be comfortable coming back in person as has been proposed with this motion. But I believe I would want to honor one or more council members who are not comfortable their own risk assessment, what it makes sense to them and if there's even one i would not want to have the council come back as a body and ask that person to take on a risk that they don't think is reasonable so some questions have been raised about how quickly and you know when it's going to be safe um i guess what i'm saying is that unless unless we're all in agreement about when it makes sense to do that, I think we ought to wait until we all are in agreement. Even though, again, from a very personal perspective, I've been vaccinated, people around me have been vaccinated. I understand that by then all council members will have been vaccinated. I think the risk is relatively low, but that's just the way I look at it. Thank you, Mayor. Thank you. Council Member Reynolds. Thank you. After hearing everyone speak, the last thing I want to do is to do something that not everyone is comfortable with, especially in a time like this. So I want to make sure that if we come to a decision that it's something that we all agree on. CAO Hamilton, do you feel like when we come back, we have three weeks, not two weeks, but when we come back, do you feel like the administration could have a plan together to present to us and then we could decide if we're comfortable with it and if we want to move forward or not? I think that since law is on this Zoom also, that we can get together all the, as many of the answers to the questions that you all have asked. And some of this may be that you just have to make a judgment call. Like, for instance, on masks, you may decide if we tell you, you may decide you're going to have to make the call yourself. But I think we can get this outline as to give you enough information that there can be a process established and then people can decide if they're comfortable with that process. Okay, thank you. I appreciate that. So, you know, I didn't, I know this was a little rushed, or some people felt like it was rushed, and it wasn't my intention to, you know, make people feel uncomfortable, and I have to make a quick decision. So what I would like to do is to postpone my motion that I made tonight until we get back. And I can I postpone that till the 6? Can you just remove your motion and then make a new motion? sure I can it would be simpler yeah sure well then I would like to resend my motion uh to come back in person on the 6th of April thank you it makes it easier and then councilmember Brown do you want to resend your second where are you it was Ellinger oh I'm sorry councilmember Ellinger it was you is that okay then you can just make a new motion when you are ready okay thank you thank you councilmember lamb mayor point of order there was a part of that discussion and her withdrawing her motion that dealt with a plan coming back when we get back for us to evaluate so i want to make sure that councilmember reynolds if that was her intention to to whether that was an informal request or whether that was a formal request i think because that was part of her discussion of withdrawing her motion i want to make sure that was appropriately you know recorded i'm sorry was that part of your motion to bring back a plan i thought your motion wasn't it wasn't part of my motion but it was a request that that that on the 6th that we will get an update of of a plan that has been put together um uh cao hamilton has promised that did you want to put that in a form of a motion that that i did take mayor as we would make a presentation yes on the sex mayor i don't know that it needs to be form of emotion i just in the way that council member reynolds withdrew her motion i wanted to make sure that that was whether we need to do something formal or not didn't get lost in the shuffle yeah that's right thank you ma'am okay thank you okay um everybody clear on that um now council member lamb thanks uh i just have two things to follow up to all of this and i think it's been a really good conversation because this is new territory and somebody brought this to my attention earlier today and I hadn't thought about this nor had I heard it until today but there are the new strands new strains of COVID that even those that are vaccinated could potentially you know get that with the new with a new strain. I'm not a doctor, so I don't know the proper terminology. But, you know, that's concerning to me a little bit, knowing that that's in Kentucky now. So I'm hoping that maybe we can get more clarification on that, and I'll do my homework as well. But the other thing is that to what Council Member Maloney was talking about, how are we going to know that everybody is vaccinated if you can't ask somebody? I mean, how does that work? We won't know that. What we will know is the governor reports regularly on how many vaccines have been given in Kentucky, and we report regularly on how many vaccines have been given in Fayette County, which isn't Fayette County citizens, but it's a kind of a region, will have a sort of an idea of what percentage of our people have been vaccinated. But we can't even know how many of our government employees are vaccinated because we're not permitted to ask. We just keep encouraging. So we, you know, they'll someone either CDC or Dr. Humball or the governor will determine that we are have reached a certain level. okay I just hadn't even thought about that until Council Member Maloney said it I mean you know this is what happens when you have these conversations it's like wait a minute so all right well thank you for that information I do and I do look forward to getting back I miss everybody I miss in-person meetings but I also want to make sure that we're safe for not only us but our most importantly our staff and our government employees that have to work with us. So thank you so much. So do you all want CAO Hamilton's report back on your first work session back? Would that work? I'm seeing one head yes. Give a thumbs up or something. That sort of makes sense. So CAO Hamilton and maybe Commissioner Speckert and Keith can can give that at that first work session back. Okay. Any other questions on the topic while we're here? All right. Very good. Thank you. And are there any more? There were other announcements. Council Member James Brown. Thank you, Mayor. I've been hearing for a while from outside of government and inside of government questions about the city's makeup in regards as far as diversity throughout city government, and then also what opportunities exist in the promotional process. And I know when we hired the diversity and inclusion officer, one of the main tasks that we had talked about as a council that we wanted to get him or that person to look into was what the makeup was across government as far as our diversity at all levels and upper management and throughout the divisions. I know Mr. Lucas has been busy with diversity and inclusion initiatives, but I think at some point in the very near future, we need to get back to having that assessment. And for one reason, I think it might not be a pretty picture of what we may see across government. But I think in order to tell folks or to show some improvement, we got to know where we're starting at in regards to those efforts. And I think, you know, when we're talking about creating and increasing those opportunities for promotions and hiring for diverse candidates, I think you have to be focused and intentional with that. And I think we have, in regard we we've shown that we can do that in regards to our boards and commissions i think we've been we were real intentional about um assessing our diversity in those boards and commissions and the messaging and and and the recruiting efforts and i think we need to do that in regards to employment efforts as well so uh that doesn't really need a response maybe that's something that um that we can come back and have a conversation about when we come back from break And then also maybe an update in regards of where we're at in regards to that diversity training with an emphasis on implicit bias, because I think that ties into the same topic in regards to making sure that we're given every opportunity for folks to be successful and have promotional opportunities throughout city government. And I know we've done a lot of things and made a lot of efforts, but I think we got to start putting our money where our mouth is and being more strategic about how we get there. So that's all I have on that, Mayor. Okay. I appreciate that. I have been very hands-on with the boards and commissions and very intentional, and we have greatly increased our diversity. We might be able to pull some numbers on that piece. and I know that it will be real easy to tell you where we are in the implicit bias training RFP process so those those two I know firsthand we'll have to get other information from Arthur about government that you've asked for and and and I and I don't want to get the two confused I think I think, you know, I think we have been intentional and focused on boards and commissions. I think in regards to employment opportunities throughout the city, I think that's something completely separate. So I don't want to get a... Of course. Yeah. All right. Thank you. Thank you. Council Member Maloney. Thank you, Mayor. I want to echo on what Council Member Brown just said. I too have noticed a big difference in getting a lot of complaints about... You've got a tremendous job with the board and commission. That's a totally different animal from what I'm talking about. Mine is employment. As you all know, I walk through every Friday. I see who's here, who's what, who's the director. The problem is I don't see very many minorities in certain positions that have been coming up over the few years and the last 10 years that have not been promoted. And I want to go back to echo what Council Member Brown is. we have got to make some changes there because I just don't, I think especially as your task force that came back and you got all these recommendations and we're telling, we're going to be telling people outside in the community what to do. I think we need to clean up our own mess before we start telling people how it can be done. And, and I, I mean, we do, we do the best we can, But I still think we're still a long way from where I think we can do a heck of a lot better. So I agree with Council Member Brown. We need to look at this, and I look forward to working with the other folks and see how we can make this a lot better. Thank you, Mayor. Thank you. Are there any other comments for the announcements part? All right. Do I hear a motion to adjourn? Council Member Bledsoe. I saw you. Yes, so moved. Second. Second. Council Member Plowman seconds. Everybody in favor, show us your hand. I know no one's opposed, Council. I know you're going on a nice long break. Have a great time and we'll see you in April. Thank you. We are adjourned. Thank you, Mayor. Thank you.