Music Thank you. You can dress him as mayor tonight. Good evening. Welcome everybody. May 5th, 2022. At least my colleagues on council are all smiling at me because I can't speak. Meeting of the Urban County Government, Thursday, May 5th, 2022. And the first item on our agenda is a roll call vote. Madam Clerk, when you're ready. Yes, sir. Vice Mayor Kaye. Here. Mr. Koiber. Yes, ma'am. Ms. Lamb. Here. Ms. Legree. Here. Mr. McKern. Yes, ma'am. Mr. Maloney. Yes, ma'am. Ms. Plowman. Yes. Ms. Reynolds? Here. Ms. Sheehan? Here. Mr. Worley? Yes, ma'am. Ms. Baxter? Yes, ma'am. Ms. Bledsoe? Yes, ma'am. Mr. Fred Brown? Here. Mr. James Brown? Here. And Mr. Ellinger? Yes, ma'am. Thank you. Thank you. Next, I want to welcome Pastor Keith Taylor, Tyler, excuse me, the senior pastor of Antioch Missionary Baptist Church to give us an invocation. Welcome. Let us pray. Thank you dear God for this day, this hour, for this meeting. Thank you for this agenda. We realize that all agendas come under the sovereign will of the providential God. We thank you for every person that is present, the respective areas and constituency of Lexington. They represent the families, the hardworking, taxpaying citizens of this beloved community. And we pray for their families individually as well. Father God we ask if you would incline your ear to our supplication and look upon us with an eye of pity and remember that we are your children may all things be done decently and in order and whatever good comes out of this session we give you the glory it's in the wonderful consoling caressing marvelous majestic mighty name of Jesus the Christ I pray and ask that all forgive us of our sins and they all said amen Amen. Amen. Thank you. Next is the minutes of the previous meetings, April 28th. Is there a motion to approve? So moved. Second. A motion and a second. Any discussion on the motion? Seeing none, all in favor please say aye. Aye. Any opposed? That motion carries. Okay. Next will be a couple of presentations, and I need to go to the podium to make these presentations. Okay, so we have two presentations to make. The first is about the Marquis de Lafayette day. I want to welcome to the podium Dale Hensley Henley from the Lexington chapter of the Sons of the American Revolution so if you come forward please and I think I first want to read yes go right ahead I want to read the proclamation and give Mr. Henley an opportunity to address the council and the public So we have the Marquis with us in spirit. This is the proclamation Marquis de Lafayette Day. Whereas on June 30, 1780, in the midst of the American Revolution, Fayette County was created by the Virginia legislature and named for the Marquis de Lafayette. And whereas Lexington, which had been established in 1775, was designated as the county seat. And whereas Lafayette, still in his early 20s, and a major general in the Continental Army, the Continental Army had already established himself as the most legendary for his bravery, popularity, and devotion to the American cause of liberty. And whereas Lafayette's contributions to American independence cannot be overstated, and whereas on May 16 through 17, 1825, Lafayette visited Lexington as part of his grand tour of all 21 states. And whereas Lexington, I'm sorry, as whereas Lafayette ranks fourth right after Washington, Jefferson, and Franklin in terms of towns, cities, and counties named for figures of the American Revolution with Fayette County, Kentucky being the first county to be named for him. And whereas Lexington recognized Lafayette as one of the most important figures of the American Revolution named Lafayette High School in 1939 with the generals as its mascot. Now, therefore I, on behalf of Linda Gordon, mayor, do hereby declare May 16th, 2022, Marquis de Lafayette Day in Fayette County. Now. Thank you, sir. Thank you. And I'll invite Mr. Henley to the podium for remarks. Emory, would you come up here quickly? Thank you. Dr. Emory Wilson, a past president of the Lafayette Chapter, Sons of the American Revolution. Thank you very much, Vice Mayor. I'm Dale Henley, President of the Lafayette Chapter Sons of the American Revolution here in Lexington. The Lafayette Chapter was established in 1960 and selected as its namesake the Marquis de Lafayette for all the good reasons set forth in the proclamation. This portrait of Lafayette was painted when he was 35 years old and a lieutenant general in the French Army. As many of you know, Lafayette came to America at the age of 19 on his own dollar and at personal risk to his own safety. He was appointed a major general of the Continental Army and was a member of General Washington's personal staff. The relationship between these two men was a bond deeply forged. You see, Lafayette had lost his father in a battle against the English when he was only two years of age, and Washington had no children. So for Lafayette, Washington was the father he never had, and for Washington, the son he never had. The Lafayette chapter, like all Sons of the American Revolution chapters throughout the country, seeks to remind everyone of the reasons for, the sacrifices made, and the government created for a new nation unlike any other in the world's history. I proudly wear this lapel pin, a symbol of my membership in the Sons of the American Revolution, with the colors blue and buff, the same colors of the uniform which General Washington wore as commander of the Continental Army. I also find it very interesting this evening that this building was once known as the Lafayette Hotel. So thank you very much. Thank you, Vice Mayor and Council members, for the honor and privilege of receiving this proclamation on behalf of the Lafayette Chapter. Yes, yes, yes, yes. Yes, we have a picture with the Council. Thank you. Thank you. Thank you. Okay. Okay. Next, I'd like to invite to the podium, Ms. Marcy Ainsley, Executive Director of the Hearing and Speech Center in Lexington. Welcome. And we have a proclamation that is about Better Hearing and Speech Month. So I'll read the proclamation then if you'd like to say a few words. Thank you. So, whereas approximately 48 million Americans experience hearing loss, and whereas it's important to identify problems at an earlier stage to allow for remedial therapy, and whereas the Hearing and Speech Center is a private nonprofit agency with over 50 years of experience working with children with hearing loss and or speech language impairments, And whereas the mission of the Hearing and Speech Center is to teach children with hearing, speech and language impairments to listen and talk through highly, high quality educational, clinical and family support services. And whereas the Hearing and Speech Center was founded in 1960 by a group of parents who sought help from Jimmy and Edie Frankel who dedicated their lives to active community participation for the hearing impaired. And whereas, thanks to Temple Adath Israel, which provided early support for the center, originally called the Lexington Deaf Oral School. And whereas, today, the Hearing and Speech Center provides support to individuals and families from over 70 Kentucky counties. Now, therefore, on behalf of Linda Gorton, Mayor of Lexington, I do hereby declare May 2022 Bitter Hearing and Speech Month. Thank you so much, Vice Mayor, and thank you, Council, for letting me be here today. It is Better Hearing and Speech Month, and I am a mom first. My son's 21, and we have received services there for 21 years. So not only do I get to lead an amazing organization that provides essential communication services to both kids and adults, So we call it twinkle to wrinkle. So just a reminder, even though we're in an old school, if you're a wrinkle or maybe a wrinkle, you can come see us. So just want to thank you for giving us an opportunity to talk about the importance of good high quality hearing and speech services for everyone. We are here to make sure that everyone has access to these critical skills that provide educational, social, and vocational foundations for every Kentuckian. So thank you. Thank you for your time today and for recognizing how important this is for our community. And we would not have done it without Lexington. So thank you very much. Thank you. Okay, the next item on our agenda is the public hearing for the mayor's proposed budget. Just one second. Again, this is the mayor's proposed budget hearing, and it's an opportunity for public comment on the mayor's proposed budget. Is there anybody present who wishes to speak on this issue? If you would come to the podium and give us your name and council district, you'll have three minutes for comments. James Woodhead, I was in the third district. My neighborhood was recently moved to the 10th district. The mayor's proposed budget was released a week after on the table conversations took place across the city to provide public input for Lexington's comprehensive plan and future. At the conversations I attended, participants stressed the urgent need to address the city's affordable housing crisis and fight gentrification. During the past year, rent for a one-bedroom apartment in Lexington has risen by nearly 35%, surpassing the 22% increase seen on average nationwide. The mayor said her budget prioritizes investments in public safety. Apparently, this means a budget that allocates two and a half times more money for replacing police vehicles than funding affordable housing. It hands out as much money, public money, to horse farm owners through the PDR program as it does to affordable housing. Furthermore, it gives away the equivalent of nearly half the money devoted to affordable housing to replace the city's fleet of golf carts. $10 million was previously devoted to affordable housing by city council. However, this one-time funding was less than 10% of the federal ARPA money given to Lexington, which was intended to help those most impacted by the pandemic. Yet in the proposed budget, it means allocating a recurring cost of hundreds of thousands of dollars to quadruple recently introduced surveillance cameras that lack accountability and transparency and are being disproportionately placed in over-policed, marginalized neighborhoods. The mayor views these as another tool for the police to use. Yet looking at how license plate reader cameras have been used elsewhere, the NYPD utilized this tool to abusively surveil mosques. Last year in Colorado, these cameras caused a lawsuit after they mistakenly led to a black woman and four children being held at gunpoint. The proposed budget does little to address the growing economic disparities that are at the root of much of the violence in our city. Meanwhile, this week, the staff of the Fayette County Detention Center issued a vote of no confidence in leadership. Nearly 1,000 people are currently incarcerated at the detention center, many of whom have not been convicted of a crime but can't afford cash bill. Issues at the detention center where four people have died this past year are reportedly so unsafe that some have requested the help of the Kentucky National Guard. Actual public safety would be a budget that prioritizes investing in the basic needs of all citizens, not knocking down barriers for developers that have historically displaced marginalized neighborhoods, while contributing the bare minimum to affordable housing in record amounts to perpetuate systems of harm. Regarding the proposed CBA for police lieutenants and the savings clause that was questioned at Tuesday's work session, it would be alarming and a slap in the face to many in the community if state legislation allowed Lexington to have an external civilian police review board, which has been requested in Lexington for decades, only to discover that the CBA could possibly prevent it from existing until 2025 or beyond. Yet this could be a very real possibility, as despite what was recently claimed by the mayor, a state senator was willing and ready to present legislation to allow it to happen. Thank you. Another gentleman, or I'm sorry, not a gentleman, a lady person. You come to the podium, give your name and your council district. April Taylor, 1st District. I'm here to address the way both our ARPA funding has been spent and some of the things that I see coming up in the mayor's proposed budget. and I want to start out by talking about the fact that we have an issue with affordable housing here in Lexington. We know this and the efforts that you all are putting forth are not enough and the way we know this is not enough is that you all may have seen a news story that ran recently highlighting a person who currently has a housing voucher for section eight who received eviction notice not because they didn't pay or because they did anything wrong just because that homeowner wants to sell that home and we are seeing that happen in terms of people being evicted and being given a notice of 30 days to move out at a rate higher than we've seen since 2008 so it's like getting worse if you thought the issue was already there and I'm here to ask you all to consider doing something that's a little bit new not really but because there are so many people falling through the cracks we need a different approach than what we have now and what several community members have been working on that we talked about during our on the table conversation is the idea of housing cooperatives and land trust you all should be familiar with with what a community land trust is because Lexington has the first one, the only one to exist, well, the first one to exist in the state of Kentucky and that's Davis Bottom. If you know the history of Davis Bottom, then you know that it is one of 12 or around 12, around a dozen black enclaves, the hamlets that were established after the civil war. So there's a history in that place as well as these neighborhoods where people are being pushed out before the area that's now known as Nolai was so rudely renamed, it was known as Brewstown, which was also a black hamlet that was established after the Civil War. And so cooperatives are a way that more than half of the world's population meets their basic needs. So we're not asking you to do something new or innovative in that sense. People have been doing it all over the world for a very long time. Housing is a basic need, a basic human right, not something that should be hoarded as a commodity and a tool used to build wealth to the extent that people are left without places to live. We see all kinds of statistics and markers and socioeconomic indicators get worse when people don't have access to housing, including their health and the way children are able to show up at school, all kinds of things. One of the issues with the avenues that we have in place right now, like the Affordable Housing Trust Fund, is that I and many other people feel that there's a lack of accountability, a lack of transparency and a profound lack of public input about how the money that goes into that fund is spent. So yeah, I'm asking you all to, sorry, I just noticed I'm asking you all to please consider setting aside money for the community to explore establishing more community land trusts and establishing housing cooperatives so that we can better address this issue. Thank you. Thank you. Reverend Wilson, did you also want to speak to the mayor's proposed budget? Yes, in the record. No, I'm sorry, but this is a hearing on the mayor's proposed budget. If you're here to speak to the budget. It will, definitely. Thank you. Welcome. Your name and your council district please. My name is Michael Wilson. I live at 317 Wilson Street. I know it's traditional when you're on the council for eight years or better, whatever you get the street named after you, that's not the case. I'm just lucky. Okay, I live on Wilson Street, I'm Michael Wilson. I'm here, of course, in relationship to the mayor's budget, I have to give you some historical as to why I stand here as chairman of the Central Kentucky Housing and Homelessness Initiative. Okay, so thereby, we are keenly aware of the mayor's budget, what has been proposed as far as dollars, and hopefully some of those dollars will be allocated to Opportunity Village. I know that that's already in the works, it's before the RFP committee and et cetera and that sort of thing. We hope that that will take place. We hope that those dollars that have been set aside, I think somebody told me it was like $7 million for rental assistance will take place as well. The thing that makes me keenly aware of the fact that we need to do some of those things is something that has happened in our community very recently. I'm sure all of you are quite aware of the fact that there was, unfortunately, a mother who has allegedly killed her two children. and I'm sure all of us were just like I was when I heard it. I thought, oh my God, how can that happen? How can a mother come to that point that that can take place that she would kill her two children, 13 and 5 years old? Maybe what is really something that we need to consider, you as a governing body, as a community, is the things that we can do to prevent things like this from happening. This mother was in our system, in our system in that she was going to be assisted and helped, and maybe there were some things that had happened to her benefit, helped with rental assistance, as you all know, the monies that we got from the federal government that we, you all, I'm not putting it on myself, you all sat around on for seven months and did not dispense any of these monies for seven months. This government did not dispense the monies. But this mother and so many other persons in our community needed assistance, rental assistance. I'm very aware of the fact that she was in our system because at that time Catholic Action Center who you all have worked with and et cetera know Jenny Ramsey they had they had come they had been helping the city trying to get people in the system so they could assist persons and they had they have a verified email that they sent that the young lady sent them an email and then And she sent information to this government that was trying to do, never did anything in that seven months. Reverend Wilson, I'm sorry. Is there a time limit? Yes, sir. I'm not aware. You didn't say, Steve. I'm not aware and I need the rest of my time. Nobody else here was given a time limit. How much longer do you need? Council, no, please. I'm going to make a motion to give it more time. Please. Let me. Are you not going to make a motion so I can speak? Come on, tell me. We know each other. I just want to clarify something. Okay, please. I did speak at the beginning about a three minute limit, and that's what I've been limiting people to. But I'm happy to entertain a motion to give you three more minutes. I'll make a motion to give him three more minutes. Thank you. Is there a second? Second. I have a motion and a second. Discussion on the motion? All in favor, please say aye. Aye. Any opposed? You have three more minutes. was supposed. Okay, thank you. Thank you, thank you, Steve. I mean, thank you, Chuck. And remember your dad, his memory, working with him on this council. I appreciate so very much your offering that motion. Thank you. I'll try my best to do this three-minute thing. Maybe we could entertain another motion, since there's no limit. All motions. But anyhow, so, and what really took place, took place, and can you still hear me on this away from it? Good, okay. Took place is that this city didn't do what it should do. And I think that's because, unfortunately, what seems to permeate this city is denial that there's a problem and kick the can on down the road and et cetera. But you see what can happen. A mother tried to commit suicide and two children are dead because this city did not do what it ought to do. Then, of course, now, you all probably get an award pretty soon for spending all your money on the program. But then you really didn't. You just said to the community actors, here, take the money, and you all knew. You didn't spend all the money. You gave it to another nonprofit to do the job because you all couldn't do the job. But so, and what we have here is a situation where you all need to really think about the fact that anything you do in this council, it affects the people of this community so very much so. And that what has happened as a result, because the city didn't do it like it should have when it got it, And then, of course, now they gave it a community action. They've been working with this woman. This woman is basically in a situation where she has killed her children because she just felt frustrated. What had happened is that this system was so flawed and so many other things that have taken place that what happened to her is that she was finally given monies to help with her situation. And the landlord had waited so long for the money. He said, no, I just want you out. I want you out, I want your children out. She had, in June, he was basically going to forfeit her lease and basically put her and her two children out. This woman was so depressed and down and worried and concerned that basically what she did is she killed her children. You know, sometimes, and it's been said and certified that she had mental problems, and so thereby sometimes some people that are not where they should be do the things that they should not do. And in an effort to even protect the children from going through what she would have to go through, maybe that's why she did what she did. So it's important that you all think through some of the things that are happening in this community, opportunity to workshop, other things. If that was actually there and on ground, maybe she could have gone there into the field. I got to check out, and I'm not going to leave my children behind to go through this bull that you have to go through in the society. You know, a lot of things have happened during this pandemic that we really need to understand that there are some things we need to do. There's time we need to give people that when we think we're out of town so they can at least dialogue with people and let them know we've got problems. If you don't do it, you are not doing your job, and if you're up for election, you need not be elected. Reverend Wilson. I'm no longer going to be elected. Reverend Wilson. I'm sitting here. I'm finished. Thank you so very much. Thank you, council. Thank you Chuck, thank you so very much for all of you. James, good to see you always. Thank you. Is there anyone else who wishes to speak to the mayor's proposed budget? Vice Mayor, you might also want to remind the public that this is their opportunity, although I don't think anyone has shown up for this, to speak about the appropriation of the state municipal aid program. I was going to that next. Okay, all right. thank you uh unless since there's nobody else who wishes to speak i'll first close the hearing on the mayor's proposed budget and secondly we're holding a public hearing on the proposed 2023 municipal aid program as well as coal and mineral severance budgets copies of these proposed budgets are available on the city website lexingtonky.gov the urban county council clerk's office the the county clerk's office and the Lexington Public Library's central branch. The public hearing is now in session. Is there anybody who wishes to speak concerning the municipal aid program? Seeing none, that public hearing is now closed and we can go on to the next item on our agenda. Which I believe is ordinances for second reading. Madam Clerk, when you're ready. Thank you. Yes, sir. Item 1, an ordinance changing the zone from a light industrial I1 zone to a Lexington Center business B2B zone for 9.23 net, 12.73 gross acres for a two family residential R2 zone to a Lexington center business B2B zone for zero net, 0.08 gross acres from a light industrial I1 zone to a two family residential R2 zone for zero net, 0.13 gross acres for a portion of properties at 131 and 150 Tucker Street, Town Branch, Park, Park Incorporated Council District 11, Item 2. In order to change the zone from an agricultural AR zone to an expansion area residential one EAR1 zone for 21.616 net 22.085 gross acres for portion of property at 2179 Bahama Road, Hart Family Enterprises LLC Council District 12, Item 3. In order to change the zone from interchange service business B5P zone to a plain neighborhood residential R3 zone for 6.022 net 15.204 gross acres for a portion of property at 2143 North Broadway. A conditional use for an assisted living facility has also been requested for the zone change. Propco North Broadway, Lexington, Kentucky, LLC, Council District 6. Item 4. An ordinance amending certain of the budget of the Lexington Fair Urban County Government to reflect current requirements for municipal expenditures and appropriate re-proping funds. Fiscal year 2022, Schedule number 37. Item 5. An ordinance of any certain of the budgets of the licensing for urban county government for council appropriations for various projects from American Rescue Plan Act, ARPA, state and local recovery funds. As approved February 17, 2022, and reappropriating funds, Schedule number 38. And item six, an ordinance creating section 1211 of the code of ordinances related to housing repair financial assistance to find qualified owner. Creating section 1212 of the code of ordinances related to housing repair financial assistance to state the purpose of the program. Creating section 1213 of the code of ordinances related to housing repair financial assistance to establish the housing assistance grant program. Creating section 1214 of the code of ordinances related to housing repair financial assistance to assign administration of the program to the commissioner of the department of housing advocacy and community development. Thank you. Thank you. Is there a motion? Move to approve. Second. Motion and a second to approve. Any discussion on the motion? Seeing none, all in favor please say aye. Aye. Sir, that's a roll call vote. Thank you, roll call vote is called for. Thank you, Vice Mayor Kay? Yes. Mr. Clover? Yes, ma'am. Ms. Lamb? Yes, ma'am. Ms. Legree? Yes. Mr. McKern? Yes, ma'am. Mr. Maloney? Yes. Ms. Plowman? Yes. Ms. Reynolds? Yes. Ms. Sheehan? Yes. Mr. Worley? Yes. Ms. Baxter? Yes, ma'am. Ms. Bledsoe? Yes. Mr. Fred Brown? Yes. Mr. James Brown? Yes. Mr. Ellinger? Yes, ma'am. Thank you. Thank you. That vote reflects the passage of the motion. Allow us to move on to ordinances for first reading. Item seven, an ordinance amending certain of the budgets of the licensing of the urban county government for council appropriation for various projects from the American Rescue Plan Act, ARPA State and Local Recovery Funds as approved February 17, 2022, and appropriating reappropriate funds, Schedule number 41. Item 8, an ordinance pending certain of the budgets of the license to fit urban county government to reflect current requirements for municipal expenditures and appropriate and reappropriating funds, fiscal year 2022, schedule number 40. Thank you. Thank you. Are there any walk-ons? Any motions to suspend the rules? We can't do that. In that case, we're ready to move on to resolutions for second reading. Item one, a resolution authorizing and directly on behalf of the county government to execute a renewal agreement with the Kentucky Transportation Cabinet, KYTC, delegating responsibility for operation and maintenance costs for traffic signals and electronic traffic control devices on the state primary road system in Fayette County, which shall be reimbursed by KYTC up to $396,000. Item two, a resolution authorizing and directly on behalf of the county government to execute a professional service agreement along with any other necessary agreements or documents For the Tide Center to retain Cities United, a project of the Tide Center in consultation role for One Lexington in order to develop a strategic plan for the reduction of violence and gun related homicides. And it costs $100,000. Item three, a resolution authorizing and directly on behalf of the government to execute a purchase of service agreement with Hope Center Incorporated for the detention center recovery program. And it costs $181,000. Item four, a resolution authorizing the mayor on behalf of the government to execute an agreement with Honkamp, Krueger and Company for quality assessment services for the office of internal audit. At a cost not to exceed $9,800. Item five, a resolution authorizing on behalf of the government to execute a memorandum of understanding with Bluegrass Community Technical College for fire personnel to earn college credit at a cost not to exceed $60,000. Item six, a resolution amending resolution 72 2020 which established price contracts for multiple bidders for mowing for the division of parks and recreation to remove Shalner lawn care and landscaping LLC and cancel its price contract and to add costs in group and accept and approve its bid and establish a price contract with it. Item seven. A resolution authorizing and directly mayor on behalf of urban county government to execute an agreement with Commonwealth Kentucky Department of Community-Based Services for certification of the Family Care Center as a vendor with the state-funded child care assistance program at new cost to the urban county government. Item 8. A resolution authorizing and directly mayor on behalf of urban county government to execute a letter of understanding with the Center of Public Safety Excellence for accreditation process at a cost enough to exceed $10,300. Item 9. A resolution authorizing the division of traffic engineering to install six speed tables on Marymont Drive between Bryan Station Road and Brookmead Drive. Per the guidelines of the neighborhood traffic management program at a cost of $18,000. Item 10. A resolution authorizing the mayor on behalf of the county government to execute change order number one to the grant award agreement with the Lansdowne Merrick Neighborhood Association Incorporated. First remote equity project decreasing the grant award by the sum of $50 from $7,800 to $7,750. Item 11. A resolution authorizing and directing the mayor on behalf of the county government to execute a memorandum of understanding with the Federal Bureau of Investigation Joint Terrorism Test Force for Cooperation in Terrorism Investigations, Item 12. A resolution authorizing and directing the mayor on behalf of the county government to accept an award of $10,000 in federal funds from the USDA Natural Resource Conservation Service through the American Farmland Trust, AFT, Soil Health Stewards Program Grant for the Purchase of Development Rights, PDR Program, the exception of which does not obligate the urban county government to the expenditure of funds and authorizing the mayor to transfer out of funds within the grant budget, Item 13. A resolution authorizing the mayor on behalf of the government to execute a security agreement between Ergo Metrics Incorporated for testing applicants applying for the community correction sergeant promotional process at a cost to exceed $1,650. Item 14. A resolution authorizing and direct the mayor on behalf of the government to accept an award of $3,000 from the National Recreation and Park Association for supporting healthy aging for the support of the Fit and Strong program in the Division of Parks and Recreation, the exception which does not obligate the urban county government to the expenditure funds and authorizing the mayor to transfer undercover funds within the grant budget. Item 15. A resolution authorizing and direct the mayor on behalf of your McKinney government to execute an amendment to an agreement with the Oasis at Kearney Creek LLLP under the Home Investment Partnership Program extending the period of performance through June 30, 2022. Item 16. A resolution authorizing and direct the mayor on behalf of your McKinney government to execute and submit a grant application to Kentucky Justice and Public Safety Cabinet to provide any additional information requested in connection with this grant application and to accept this grant if the application is approved, which grant funds are on the amount of $54,622 in federal funds under the Victims Assistance Formula Grant funded by the Victims of Crime Act VOCA for the support of a bilingual victim's advocate in the Division of Police, the acceptance of which obligates the urban county government to the expenditure of $13,646 as a local match and authorizing the man to transfer out of cover funds within the grant budget. Item 17, a resolution authorizing and direct the mayor on behalf of the urban county government to execute and submit a grant application to the Kentucky Justice and Public Safety Tabinet to provide any additional information requested in connection with this grant application and to accept this grant if the application is approved, which grant funds are on the amount of $100,000 federal funds under the Victims Assistance Formula Grant, funded by the Victim of Crime Act, VOCA, for the implementation of the underserved minority victims advocacy program in the Department of Social Services, the exception which obligates the urban county government to the expenditure of $57,644 of the local match, and authorizing the mayor to transfer undercarver funds within the grant budget. Item 18, a resolution authorizing on Director Mayor on behalf of urban county government to execute agreements with Lexington and Ravens Youth Basketball, 1200, Arts Connect, Care of Lex Arts, 2000, Friends of Lexington and Senior Center, 2450, Lafayette High School Track and Field Booster Club, 1900. Trees Lexington, 500. Castlegate Homeowners Association, 1000. Chenault Road Neighborhood Association, 1000. Fairway Neighborhood Association, 1000. Our Neighborhoods Alliance, 500. Lakeshore Village, 1000. And Lakeview Island Security and Maintenance Association, $1,000 for the Office of the Urban County Council and a cost not to see the sum stated. Item 19, a resolution of Green Dream International, LLC, Lexington Query Company and Vulcan Material Company establishing price contract for ROC for the Division of Streets and Roads. Item 20, a resolution of Seagree, fire apparatus LLC establishing price contract for triple combination pumpers for the division of fire and emergency services item 21 a resolution ratifying the permanent classified civil service appointments of Christopher Garnett equipment operator grade 510 and 17.7 fire three hourly in the division of streets and roads effective April 4 2022 Chastity Klein administrative specialist grade 513 and 20.002 hourly in the division of facilities and fleet management effective April 11 2022 Clarence Miller jr. fleet part specialist grade 510 and 17.279 hourly in the division of Facilities and Fleet Management, effective April 25, 2022. Claude Lewis, custodial worker, grade 505N, 15.001. Hourly in the Division of Facilities and Fleet Management, effective April 25, 2022. And Mary de Cobb, recreation assistant, grade 514N, 19.799. Hourly in the Division of Aging and Disability Services, effective March 20, 2022. And ratifying the permits for an apartments of General Burnett, police lieutenant, grade 317E, 3,346.88. Bi-weekly in the Division of Police, effective March 27, 2022. Jeremiah Davis, police lieutenant, grade 317E, 3,346.88. Bi-weekly in the Division of Police, effective March 27, 2022. Brian Martin, police lieutenant, grade 317E, 3,346.88 biweekly in the division of police, effective March 27, 2022. Brian Baker, police sergeant, grade 315N, 35.576, hourly in the division of police, effective March 27, 2022. Ross Collins, police sergeant, grade 315N, 35.576, hourly in the division of police, effective March 27, 2022. Byron Creekmore, police sergeant, grade 315N, 35.576, hourly in the division of police, effective March 27, 2022. Robert Holland, Police Sergeant, 35.576, Hourly Individual Police, effective March 27, 2022. James McCullough, Police Sergeant, Grade 315, 35.576, Hourly Individual Police, effective March 27, 2022. Daniel Raleigh, Police Sergeant, Grade 315, 35.576, Hourly Individual Police, effective March 27, 2022. Item 22. A resolution authorizing Strothman & Company certified public accounts and advisors to conduct a financial audit of all Lexington Fiat Urban County Government funds for fiscal year 2022 for an amount not to exceed $164,000 fiscal year 2023. An authorizing director of the mayor or the commissioner of finance on behalf of the Urban County Government to execute a letter of agreement and any other necessary documents with Strothman and Company related to the audit. Item 23. A resolution authorizing director of the mayor or the commissioner of finance on behalf of the Urban County Government to execute a letter of agreement and any other necessary documents with Strothman and Company, certified public accountants and auditors for the preparation of the sheriff's settlement for the 2021 property tax year at a cost of receipt $8,700 fiscal year 2023. Item 24. A resolution authorizing and direct the mayor on behalf of the urban county government to execute a price supplement and pricing sheet with transunion risk and alternative data solutions incorporated for use of data source and it costs $10,500. Item 25. A resolution authorizing the payment in the amount of $40,500 to the Commonwealth of Kentucky, Kentucky State Treasurer and $40,500 to the United States Department of Justice as stipulated penalties under the consent decree and authorizing the mayor on behalf of the Lexington-Fed urban county government to execute any necessary documents related to the payment. item 26 of resolution authorizing and direct the mayor on behalf of your mechanic government to execute a contract with pyro technico fireworks incorporated for fireworks display on July 4 2022 or the postponement day of July 5 2022 item 27 resolution authorizing and direct the mayor on behalf of your mechanic um takes you can submit the 2022 consolidated plan grant application to the United States Department of Housing and Urban Development HUD and to provide any additional information requested in condition with this grant application and to accept the grant if the application is approved which grant funds are on the amount of three million $989,536 in federal funds and offer the fiscal year 2023 community development block grant CDBG program, $2,444,132, home program, $1,342,387, and emergency solutions grant ESG program, $207,017, for the acceptance of which obligates the urban county government to the expenditure of $360,471 from various funding sources as a local match and $154,309 as an in-kind match and authorizing mayor to execute agreements for the approved plan and authorizing the mayor to transfer undercover funds within the grant budget. Item 28, resolution authorizing mayor on behalf of your mechanic government to execute contract modification number three with Strain Associates Incorporated for the town branch trail phase six project raising the contract price by $67,500 using funds of the American Rescue Plan Act increasing the total contract price to $1,140,374 and authorizing mayor to execute any other necessary amendments to the agreement with strain associate and corporate related to the modification item 29 a resolution authorizing director mayor on behalf of the government to execute an agreement with the kentucky transportation cabinet to accept a grant of 120 000 in federal funds from the kentucky transportation cabinet service transportation program slx for the design phase phase of the lane allen sidewalk project the extent of which obligates the urban county government to the expenditure of 30 000 as a local match and authorizing the man to transfer undercover funds within the grant budget item 30. a resolution authorizing and director mayor on behalf of the urban county government to to submit a grant application to Kentucky Office of Homeland Security to provide any additional information requested in connection with this grant application, which grant funds are the amount of $861,312 federal funds under the State Homeland Security Grant Program for the Division of Police to purchase vehicles and assorted equipment for the hazardous device unit and the air support unit in Item 31. A resolution authorizing and direct the mayor on behalf of the American government to execute an amendment to an agreement with the Kentucky Emergency Management Agency under the Hazard Mitigation Grant Program extending the period of performance through June 30, 2024 for the Fayette County Weather Radios Project. Thank you. Thank you. Move to approve. Second. I have a motion to approve by Council Member Ellinger, second by Council Member McCurn. Is there any discussion on the motion? Council Member Ellinger. Thank you, Mayor. I just want to let people know that the NDF is number 18, just FYI. Thank you. Thank you. Madam Clerk, if you're ready, call a roll, please. Vice Mayor Kaye? Yes. Mr. Koiber? Yes on all recuse 18. Ms. Lamb? Yes on all. Ms. LeGree? Yes on all. Mr. McKern? Yes ma'am. Mr. Maloney? recuse myself on 18 no on 28 and yes on the rest thank you Ms. Blumman? Ms. Reynolds? Ms. Sheehan? Recuse on 18 yes on the rest Mr. Worley? Yes. Ms. Baxter? Yes, ma'am. Ms. Bledsoe? Yes, ma'am. Mr. Fred Brown? Yes. Mr. James Brown? I recuse on 18, yes on the rest. And Mr. Ellinger? Recuse on 18, yes on the rest. Thank you. That vote reflects passage of the motion. That would bring us to resolutions for first reading. Item 32. A resolution ratified the employment classified civil service appointments of Charlene Potasnik, administrative special senior, grade 5, 16, and 20.736 hourly in the division of revenue, effective April 25, 2022. Gerald Walkins, public service supervisor, grade 5, 14, and 25.206 hourly in the division of streets and roads, effective May 8, 2022. Matthew Mattiola, heavy equipment technician, grade 5, 18, and 22.861 hourly in the facilities and fleet management, effective April 11, 2022, item 33. A resolution and authorizing the Director of the Mayor on behalf of the Urbany County Government to execute and submit a grant application to the Kentucky Department of Juvenile Justice to provide any additional information requested in connection with this grant application and to execute an agreement subject to final approval from the Department of Law and the Division of Grants and Special Programs in order to accept this grant if the grant is awarded, which grant funds are in the amount of $200,000 in state funding for fiscal year 2023 and 2024 collectively and offer the provision of day treatment services within the division of youth services. The exception of which obligates the urban county government to the expenditure of $456,706 in funds for fiscal year 2023 and authorizing the mayor to transfer funds within the grant budget. Item 34. A resolution authorizing the mayor on behalf of the urban county government to execute certificates of consideration and other necessary documents and to accept deeds for property interest needed for the Campbell Lane stormwater improvement project at a cost not received $1,500. Item 35. A resolution establishing thermal service LLC FKA thermal equipment service incorporated as a sole provider for the purchase of service of HVAC equipment item 36. A resolution authorizing the mayor on behalf of the government to execute a partial release of easement releasing a utility easement on the property located at 3677 Borwood Lane item 37. A resolution authorizing and directing the mayor on behalf of the government to execute an amendment to purchase a service agreement with Community Action Council for Lexington, Fayette, Bourbon, Harrison and Nicholas Counties Incorporated to extend the period of performance under the original agreement awarded pursuant to resolution number 456 2021 through June 30, 2023 at no additional cost to the urban county government item 38. A resolution authorizing and directly mayor on behalf of the urban county government to execute the premises use agreement with RJ Corman Railroad Company, Central Kentucky Lines LLC for the setup and execution of Lexington's 4th of July fireworks at railroad Lexington Yard, item 39. A resolution authorizing the mayor on behalf of the urban county government to execute a lease agreement with naami lexington for approximately 795 square feet of space at the black and williams neighborhood neighborhood center located at 498 georgetown street in consideration of anticipated revenue in the amount of 7 830 and 75 cents item 40 a resolution authorizing the mayor on behalf of every county government executed a lease agreement with west end community empowerment project of lexington incorporated for approximately 2 510 square feet of space in the black and williams neighborhood center located at 498 georgetown street in consideration of anticipated revenue in the amount of $24,723.50, item 41. A resolution authorizing the mayor on behalf of Urban County Government to accept a donation from GALS of various items to assist with recruiting for the use of the Division of Police at no cost to the Urban County Government, item 42. A resolution authorizing the mayor on behalf of Urban County Government to execute a professional services agreement award pursuant to RFP number 17, 2022 with Tetra Tech Incorporated for services related to former Jack's Creek Pipe Landfill Improvement Project at Raven Run Nature Sanctuary, and it costs an offer to receive $37,000, item 43. A resolution authorizing on behalf of the American government to execute a letter of agreement with the United States Department of Army for the amendment of easements on the property located at 1051 Russell Cave Road for the construction of the Lexmark Trunk A&B Sanitary Sewer Project and remedial measures project required by the consent decree and it costs not to receive $4,000. Item 44, a resolution amending resolution 457-2020 as amended by resolution number 162-2022 authorizing the acceptance of deeds for property interest needed for the new circle road trunk sewers A and B project, a remedial measures project required by the consent decree, increasing the cost of acquisition of easements by the sum of $41,413.27 from $91,000 to $132,413.27. item 45 a resolution authorizing and director mayor on behalf of urban county government to accept a donation from the citizens police academy alumni association of various items for use of the division of police at no cost to the urban county government item 46 a resolution authorizing and director mayor on behalf of urban county government to execute a statement of work with trust trusted sec llc for incident response and forensic analysis services for the division of computer services at a cost not to exceed $16,000 in fiscal year 2022 and authorizing the chief information officer to execute future renewals and change orders at a total cost not to exceed an additional $16,000 per year subject to the budget of sufficient funds in future fiscal years item 47 a resolution authorizing director the mayor on behalf of the government to execute an amendment to the supplemental agreement number one to Kentucky Transportation cabinet in order to incorporate amendment number three to the tiger grant agreement and pass through federal funds to the urban county government for the town branch Commons project item 48 a resolution authorizing and directly on behalf of your regarding government to execute an amendment to an agreement with Alexa with the fit park homeowners association incorporated under the neighborhood action match program extending the pro the project to May 31, 2023 item 49 a resolution accepting the collective bargaining agreement by in between the Lexington urban county government and bluegrass returnal order of police lodge number four on behalf of lieutenants in the division of police and authorizing mayor to execute a related agreement with for retroactive pay item 50 a resolution authorizing and directly mayor on behalf of your regarding government to execute agreements with Lexington Housing for the Handicapped Incorporated 1000, Lexington History Museum Incorporated 1000, Arbor Youth Services Incorporated 1000, and Georgetown Street Area Neighborhood Association Incorporated 900 for the Office of the Urban County Council. It accounts not to see this stated. Item 51, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an amendment to the grant agreement with Bluegrass Community Foundation to increase the grant amount received by the Urban County Government for the design and construction of a water play area in Charles Young Park called Splash for $900,000. to $1,050,000, the exception of which does not obligate the urban county government to the expenditure of funds, and authorizing the mayor to transfer undergar funds within the grant budget. Item 52, a resolution accepting a bid of PACE contracting LLC, awarded pursuant to RFP number 2822 in the amount of $1,249,200 for the design and construction of a water play area in Charles Young Park called Splash, and authorizing the mayor on behalf of the urban county government to execute an agreement with the PACE contracting LLC related to the bid. And item 53, a resolution requesting the administration to reach out and work with local businesses to develop a policy for return or retrieval of abandoned shopping carts. Thank you. Thank you. Are there any walk-ons? Council Member Baxter? No. I see nobody for walk-ons out of suspensions of the rules. Council Member Baxter. Thank you, Vice Mayor. I move to suspend the rules and give second reading to number 49, denying accepting the CBA agreement with our lieutenants. So moved. Second. Motion and a second. Any discussion on the motion? All in favor, please say aye. Aye. Any opposed? That motion carries. Thank you. Council Member Bledsoe. Thank you, Vice Mayor. I move to suspend the rules and give second item to item number 36, which is the partial release of an easement to get that construction moving more quickly. So moved. Motion and a second. Any discussion on the motion? Seeing none, all in favor, please say aye. Aye. Any opposed? That motion carries. I have one more. I'm just to suspend the rolls and give a second reading to item number 50, which is for our NDS. Is that 50? 50. So moved. Motion and a second on number 50. Discussion on the motion? Seeing none, all in favor, please say aye. Any opposed? That motion carries. I need to recuse along with the others. You need to recuse on? On number 50. On 50? Okay. Council members Ellinger, Maloney, Brown, Sheehan. Is that the list? Just a point of clarification. this is just to suspend the rules on on this that's what the vote is for and we are required to recuse on this as well i think you're required to recuse on any motion anything related to that item if you're if okay well i will recuse but um i don't know that we're going to have the votes to we will all right fair enough Actually, I think we need a count. If there are five recusals, we do not have... We need ten. We need ten votes. We lost one. We lost... We're absent one. Oh, I can't have that. Okay. Okay, I'll... I'll receive my motion for the NDF, and that's unfortunate. Thank you. Actually, procedurally, I'm not sure. I think where we are in the middle of a vote is that with that recusal, we only have nine votes to suspend the rules on that one item. Just the one. On that one, just on 50, that's the only one we have all these recusals on. Yeah, so I mean, Vice Mayor, I don't think that you're wrong in that probably best practice is to recuse on every aspect of something related to an item. However, from a procedural perspective, I may ask the law department. This is a procedural vote to suspend the rules. there'll still be a substantive vote on the actual item itself. So I don't know that as a parliamentarian I can make that judgment. This is based on the council rules. They're your rules, so we normally defer to the parliamentarian on how you all interpret your rules. But the point is that the procedural stuff normally does not carry the same weight as a substantive vote. So if you were to ask me, I'd be inclined to say that on a procedural matter, it doesn't matter whether you vote on it or not. It's the substantive matter that you'd have to recuse yourself from. But it's you all's rules to interpret. I think in this particular case, I'll agree with the sentiment and allow people to not recuse on the procedural motion. In other instances, I might be inclined to share the role differently. I'll just say that. So if you don't feel it's necessary to recuse and you'd like to vote. I would like to withdraw my recusal and vote yes. Thank you. that vote reflects passage of the motion. So 50 is to be given a second reading. Are there any other suspensions? If not, I'm sorry. Council Member James Brown. Thank you, Vice Mayor. I'd like to make a motion to suspend the rules and give second reading to number 51. This is in regards to the donation for a splash. So moved. Second. I have a motion and a second. Discussion on the motion? Seeing none, all in favor, please say aye. Aye. Any opposed? That motion carries. And then, Vice Mayor, I'd also like to make a motion to suspend the rules and give second reading to number 52. This is awarding the contract for the bid on the same project. So moved. Second. I have a motion and a second. Any discussion on the motion? Seeing none, all in favor, please say aye. Aye. Any opposed? That motion carries. Are there any further suspensions? If not, Madam Clerk, I think I've got 36, 49, 50, 52, 53. I have 51 and 52. 51. Okay. Item 36. A resolution authorizing the mayor on behalf of urban county government to execute a partial release of easement releasing a utility easement on the property located at 3677 Barrowwood Lane. Item 49. A resolution accepting the collective bargaining agreement by in between the Lexington Fair Urban County Government and Bluegrass Fraternal Order of Police Lodge number four on behalf of lieutenants in the division of police and authorizing the mayor to execute a related agreement for retroactive pay. Item 50, a resolution authorizing and directing the mayor on behalf of urban county government to execute agreements with Lexington Housing and Handicap Incorporated, 1000, Lexington History Museum Incorporated, 1000, Arbor Youth Services Incorporated, 1000, and Georgetown Street Area Neighborhood Association Incorporated, $900 for the office of the urban county council at a cost-needed seat, the sum stated. Item 51, a resolution authorizing and directing the mayor on behalf of urban county government to execute an amendment to the grant agreement with the Bluegrass Community Foundation to increase the grant amount received by urban county government for the design and construction of a water play area in Charles Young Park called Splash from $900,000 to $1,050,000, the exception of which does not obligate the urban county government for the expenditure funds and authorizing the mayor to transfer adequate funds within the grant budget. Item 52, a resolution accepting the bid of PACE contracting LLC awarded pursuant to RFP number 2822 in the amount of $1,249,200 for the design and construction of a water play area in Charles Young Park called Splash and authorizing the mayor on behalf of the urban County government to execute an agreement with Pace Contracting LLC related to the bid. Thank you. Thank you. I have a motion to approve and a second. Any discussion on the motion? Seeing none, Madam Clerk, please call the roll. Vice Mayor Kay? Yes. Mr. Kloiber? Recuse on 50. Yes on the rest. Ms. Lamb? Yes, ma'am. Ms. Lagree? Mr. McCurn? Yes, ma'am. Mr. Maloney? Recuse on 50, yes, on the rest. Ms. Plowman? Yes. Ms. Reynolds? Yes. Ms. Sheehan? Recuse on 50, yes, on the rest. Mr. Worley? Ms. Baxter? Yes, ma'am. Ms. Bledsoe? Yes. Mr. Fred Brown? Yes. Mr. James Brown? Yes. And Mr. Ellinger? Council Member Brown, you might want to recuse on 50. Recuse on 50, yes on the rest. Thank you. That vote reflects passage of the motion. Brings us to the Mayor's report for information only. Communications from the Mayor. Councilmember James Brown. Thank you, Vice Mayor. I have a walk-on on behalf of the administration. This is an appointment to the Civil Service Commission for Ms. Susan Green. So moved. This is an addition for information only to that Mayor's report. Is that correct? That's correct. Thank you. Yeah, that'd be a mayor's. So do I need to make that in the... I'm sorry, what is the issue? This is a walk-on appointment to the Civil Service Commission. That's not part of the mayor's... It is not for information only. That requires action, sir. Yes. So this, I think you need to wait until announcements. Do you want to make a motion? Thank you. I think that brings us no discipline tonight. That would bring us to announcements. Council members, want to log in? Council Member Sheehan. Thank you, Vice Mayor. I just wanted to say thank you to Parks and Rec for holding the May the 4th celebration for Star Wars last night. It was just such a fun event. So I just want to say congratulations to them and thank you for doing that for our community. Thank you, Vice Mayor. Thank you. Council Member Baxter. Thank you, Vice Mayor. Well, in true Derby weekend fashion, Mother Nature has not been our friend, and so I have had to cancel two events this weekend. So my event that I was very much so looking forward to, my food truck Friday has been canceled. And we are hoping to schedule a rain date at a later time. But we are still on for next Friday, the 13th at Chilleteau Park. And then my labyrinth dedication at Wellington Park on Saturday has also been canceled. And it has been rescheduled for next Saturday at 1 p.m. So I hope everybody can adjust your calendars accordingly and I'll see you in the night. Thank you, Vice Mayor. Thank you. Council Member Bledsoe. Thank you, Vice Mayor. Colleagues, I just wanted to remind you when you go through the links process in the next month, to be mindful of any items in the mayor proposed budget that are in the budget allocations, in the budget stabilization accounts, in the entire $41 million that we held. Make sure in your links you're looking at and approving any item that's in your link but has a different funding source. In the email from the budget analyst, Mr. Denning, he provided all of that analysis, so it's there. Just make sure when you're going through it, you're aware so that when you come to link recommendations, those items have had some discussion in your link prior to the link report out in our budget meetings. Headshanking, yes? Okay. Just because if we don't take those into consideration, the mayor's budget is built on all those funding sources. So if they're not all approved and reviewed, it won't work. Okay. Thank you. Thank you. Council Member James Brown. Thank you, Vice Mayor, and thank you, Council. I appreciate your patience. On behalf of the administration, I move to add to the docket for May 5, 2022, Council meeting a mayor's report regarding the appointment of Susan Green to the Civil Service Commission. So move. Second. A motion and a second. Is there a discussion on the motion? Seeing none, all in favor, please say aye. Aye. Any opposed? That motion carries. Thank you. Thank you, Vice Mayor. and I also so now she's got so that is is a part of a mayor's report that is not for information only yeah so you all need to take an action on it so we need to take action on that we need to I need a motion to approve the mayor's report as now added to the docket a motion in a second any discussion on the motion Seeing none, all in favor please say aye. Aye. Any opposed? That motion carries. Thank you, Vice Mayor. I'd also like to add, I'd like to make a motion to add to the Planning and Public Safety Committee the issue of identifying a dedicated funding source for the Affordable Housing Fund. So moved. Second. Second. We have a motion and a second. Any discussion on the motion? Seeing none, all in favor please say aye. Aye. Any opposed? That motion carries. And Vice Mayor, to conclude, I'd just like to wish all the mothers a happy Mother's Day this coming Sunday. I know everybody's all wrapped up in Derby, Derby weekend and everything going on, but I think Mother's Day is the day that means the most this weekend, so thank you. Thank you. I see no one else signed in and I believe unless, is there anybody else signed up for public comment? I don't believe there is. Entertain a motion to adjourn. So moved. Without objection, we stand adjourned. I'm going to go to the next video.