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# Urban County Council - August 18, 2022

> Auto-transcribed civic record · August 18, 2022

- **Permalink**: https://meetings.lexingtonky.news/meeting/5629
- **Source video**: https://lfucg.granicus.com/player/clip/5629?view_id=14&redirect=true
- **Date**: 2022-08-18
- **Last revised**: August 18, 2022
- **Length**: 10,730 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).

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## Meeting Overview

The Urban County Council convened on August 18, 2022, at 6:00 PM in the Council Chambers in Lexington, Kentucky, with Mayor Gorton presiding. The meeting focused primarily on recognizing community contributions and public service, featuring two informational agenda items that honored local organizations and individuals. The council heard recognition of Kay Sargent and the Sister Cities Program, as well as honored the Division of Fire and Emergency Services for their response efforts in Eastern Kentucky. During the session, the council conducted 2 votes and received 3 public comments from community members.

## Attendance

The following members were present at the August 18, 2022 meeting:

**Present:**
• Mayor Gorton
• Sheehan
• Baxter
• F. Brown
• J. Brown
• Ellinger
• Kay
• Kloiber
• Lamb
• McCurn
• Moloney
• Plomin
• Reynolds

**Absent:**
• Bledsoe
• LeGris
• Worley

No members arrived late to the meeting. A total of 13 members were present and 3 members were absent.

## Votes and Decisions

The council took action on two items during the meeting, with both measures passing unanimously.

**Ordinance 0730-22** [timestamp: 02:21]
Council member Ellinger motioned to approve an ordinance amending certain budgets of the Lexington-Fayette Urban County Government to reflect current requirements for municipal expenditures, and appropriating and re-appropriating funds for FY 2023 Schedule No. 5. The motion was seconded by Kay. The measure passed by roll call vote with 12 ayes and 0 nays. All council members present voted in favor: Sheehan, Baxter, F. Brown, J. Brown, Ellinger, Kay, Kloiber, Lamb, McCurn, Moloney, Plomin, and Reynolds.

**Resolution 0724-22** [timestamp: 06:00]
Kay motioned to approve a resolution authorizing the Department of Law, on behalf of the Urban County Government, to enter into a Memorandum of Understanding with Kentucky Utilities Company related to its tree cutting practices. Baxter seconded the motion. The resolution passed unanimously by roll call vote with 12 ayes and 0 nays. The same twelve council members who voted on the previous item all voted in favor: Sheehan, Baxter, F. Brown, J. Brown, Ellinger, Kay, Kloiber, Lamb, McCurn, Moloney, Plomin, and Reynolds.

Both votes demonstrated unanimous support from all council members present, with no abstentions recorded on either measure.

## Budget and Financial Actions

The meeting addressed three significant financial items totaling over $19.4 million in expenditures and contracts.

**Equipment Purchase**
• Resolution 0752-22 authorized the purchase of a portable trash pump for the Division of Facilities and Fleet Services from Amco Pump Manufacturing, Inc. for $42,865

**Infrastructure Contracts**
• Resolution 0778-22 approved a $256,000 contract with Herrick Co., Inc. for the Hartland 2 Pump Station Replacement Project for the Division of Water Quality

• Resolution 0799-22 authorized the largest expenditure, a $19,155,655 contract with Tribute Contracting & Consultants LLC for the East Hickman Force Main project for the Division of Water Quality

The East Hickman Force Main contract represents the most substantial financial commitment, accounting for approximately 98% of the total approved spending. This major infrastructure project, combined with the Hartland 2 Pump Station replacement, demonstrates significant investment in water quality infrastructure improvements totaling over $19.4 million.

The equipment purchase for facilities and fleet services represents routine operational needs, while the two water quality projects indicate substantial capital improvements to municipal water infrastructure systems.

## Public Comment

Three residents addressed the council during the public comment period, focusing on two main issues: the Memorandum of Understanding with Kentucky Utilities and the police roll call center relocation.

**John Halton** [timestamp: 01:00] expressed concerns about the proposed Memorandum of Understanding with Kentucky Utilities. Halton specifically raised issues regarding tree height restrictions and potential impacts on property values in affected areas.

**Dottie Bean** [timestamp: 01:30] questioned the council's decision to relocate the police roll call center. Bean raised concerns about how this relocation might impact low-income neighborhoods, though specific details about the nature of these concerns were not elaborated in the summary.

**Matt Harrison** [timestamp: 02:00] also spoke regarding the Memorandum of Understanding with Kentucky Utilities, but took a different stance than the previous speaker. Harrison thanked both the council and Kentucky Utilities for their collaborative efforts in reaching what he characterized as a compromise on the MOU terms.

The public comments reflected mixed community sentiment on the Kentucky Utilities agreement, with one resident expressing concerns while another praised the negotiation process. The police roll call center relocation also drew attention from residents concerned about neighborhood impacts.

## Appointments

The council took action on three appointments during the August 18, 2022 meeting.

**New Appointments:**
• Clay Angelucci was appointed to the Airport Board

**Reappointments:**
• Jeffrey Meade was reappointed to Bluegrass Crime Stoppers
• Emily Elliott was reappointed to the Commission for People with Disabilities

These appointments represent the council's ongoing efforts to fill positions on various municipal boards and commissions that serve the community in advisory and oversight capacities.

## Contested Items

The meeting featured one primary contested item that drew community opposition.

**Memorandum of Understanding with Kentucky Utilities**

Community members raised significant concerns regarding the proposed Memorandum of Understanding with Kentucky Utilities. The opposition centered on two main issues: tree cutting practices and potential impacts on property values.

Residents expressed objections to Kentucky Utilities' tree cutting practices, though the specific details of these practices were not elaborated in the available materials. Additionally, community members voiced concerns about how the utility company's operations under the proposed MOU could negatively affect local property values.

The nature of the disagreement involved community members speaking against the utility agreement during what appears to have been a public comment or discussion period. However, the available materials do not specify the exact number of speakers, the detailed arguments presented, or the final outcome of this contested item.

The community opposition suggests that residents felt the proposed agreement with Kentucky Utilities did not adequately address their concerns about environmental impacts from tree removal and the potential economic effects on their neighborhood property values.

*Note: Specific transcript timestamps and detailed outcomes are not available in the provided materials for this contested item.*

## Recognition of Kay Sargent and the Sister Cities Program

[timestamp: 00:30]

Mayor Gorton presented agenda item 0765-22, recognizing Kay Sargent and the Sister Cities Commission for their contributions to promoting cultural exchange and international partnerships for the city.

During this presentation, Mayor Gorton acknowledged the work of Kay Sargent and the broader Sister Cities Commission in fostering relationships with international partner cities. The Sister Cities Program facilitates cultural, educational, and economic exchanges that benefit the community through international cooperation and understanding.

Kay Sargent was specifically recognized for her role in advancing the program's mission and supporting the various initiatives that connect the city with its sister city partnerships around the world.

This was an informational presentation with no action required by the council. The recognition served to highlight the ongoing efforts of volunteers and commission members who work to strengthen international ties and promote cultural exchange opportunities for residents.

## Honoring the Div. of Fire and Emergency Services' response to Eastern KY

[timestamp: 01:45]

Mayor Gorton presented agenda item 0772-22 to honor the Lexington Division of Fire and Emergency Services for their response efforts during the devastating floods in Eastern Kentucky. The presentation recognized the department's commitment to providing mutual aid during the natural disaster that impacted the region.

Chief Jason Wells was present to represent the Fire Department during the recognition. Mayor Gorton highlighted the department's efforts in deploying resources and personnel to assist communities affected by the flooding in Eastern Kentucky.

The agenda item served as an informational presentation to acknowledge the Fire Department's service beyond Lexington's city limits. The recognition emphasized the department's role in regional emergency response and their willingness to provide assistance to neighboring communities during times of crisis.

This was a ceremonial item with no action required from the council, serving to publicly recognize the Fire Department's dedication and service during the Eastern Kentucky flood response efforts.

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## Decisions

- **0730-22** — passed (12-0): An Ordinance amending certain of the Budgets of the Lexington-Fayette Urban County Government to reflect current requirements for municipal expenditures, and appropriating and re-appropriating funds, FY 2023 Schedule No. 5.
- **0724-22** — passed (12-0): A Resolution authorizing the Dept. of Law, on behalf of the Urban County Government, to enter into a Memorandum of Understanding with Ky. Utilities Co. related to its tree cutting practices.

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## Full transcript

The ¶¶ Thank you. Thank you. Thank you. Thank you. Thank you. Everyone, I'd like to go ahead and call to order the council meeting of August 18, 2022. And the first item on our business agenda is to have the roll call. Ms. Sheehan? Mr. Worley? Ms. Baxter? Yes, ma'am. Ms. Bledsoe? Mr. Fred Brown? Here. Mr. James Brown? Here. Mr. Ellinger? Yes, ma'am. Vice Mayor Kay? Here. Mr. Kloiber? Yes, ma'am. Ms. Lamb? Here. Ms. Legree? Mr. McCurn? Yes, ma'am. Mr. Maloney? Yes, ma'am. Ms. Plowman? Here. And Ms. Reynolds? Here. Thank you. We have a quorum, and at this point, I would like to invite Katie Simpson, to the podium to offer our invocation. She is from the Refuge for Women. Thank you very much. Absolutely. Will you pray with me? Heavenly Father, thank you so much for this evening. I just pray over each one of these men and women that are here tonight. Lord, I pray for unity and mutual respect. I pray for kindness and joy. Lord, I just thank you so much for this day, and I thank you for each person here. Amen. Thank you so much. Councilmember Sheehan. Thank you, Mayor. There are a few people here to speak on an item that is on our agenda under the resolution. So I would like to make the motion to move public comment, particularly for those items up to just after our public hearing. So moved. All right, Council Member McCurn seconds. Is there any discussion? All right, all those in favor, say aye. Aye. Is anyone opposed? All right, thank you. That passes, and we will hear public comment. I have four people signed up, and we'll hear it right after the public hearing. next up if I could have a motion please to approve the minutes of July 5th and July 7th all right council member Baxter moved approval and I believe I heard vice mayor case second are there any questions about either document All right, all those in favor, please say aye. Aye. Anyone opposed? All right, that motion passes. At this point, we have two recognitions presentations. At this time, I would like to ask K-Sergeant and any Sister Cities Commission members to please join me at the podium. Come join us. Hey, Glenn. Hi. Hi. Tonight, we are recognizing a wonderful organization. And this organization is entirely focused on cultural diversity and understanding. The Lexington Sister Cities Commission. I'm joined by Kay Sargent, Executive Director of the Lexington Sister Cities Commission, as well as some of our commission members. For 65 years, our Lexington Sister Cities Commission has been working on an important task, creation of a network to champion peace and prosperity through bonds between people from different communities around the world. In that time, four Sister City connections have been formed. Deauville, France in 1957, County Kildare, Ireland in 1984, Shinhodaka, Japan in 1988, and New Market, England in 2003. Sister Cities has numerous programs to help our community learn about other cultures, languages, and more. They work to provide student exchange programs with our sister cities. They assist other cities who have a sister cities commission. They assist the government in international trade relations and a lot more. Our sister cities program is very well known, has a very strong track record, and recently was honored. At the Sister Cities International annual business meeting in July, Lexington won the Sister Cities International Best Overall Award for a city of its size. I'm really proud of this group, and I know our entire city is as well. So tonight, I want to present a proclamation and then invite Kay Sargent to speak. Will you come stand beside me? Lexington Sister Cities Day. Whereas Lexington Sister Cities Commission was formed in 1957, and whereas since that time, Lexington has formed partnerships with four sister cities, Deauville, France, County Kildare, Ireland, Shin Hidaka, Japan, and Newmarket, England, whereas the organization helps our community learn about international relations, experience other cultures, gain exposure to new languages, art, music, and ideas, understand economics of world trade, enjoy tourism, and participate in cooperative community programs based on diversity. And whereas Lexington Sister Cities Commission Executive Director Kay Sargent has led this organization to great successes and admiration across the world, and whereas recently Lexington received the 2021 Sister Cities International Best Overall Award for a city its size, Now, therefore, I, Linda Gorton, Mayor of Lexington, do hereby declare August 18, 2022, Lexington Sister Cities Day in celebration of the organization's success in promoting cultural exchange and partnerships around the world. Congratulations to all of you. Thank you. Thank you. Would you like to sing? We're getting a standing ovation. Thank you. And thank you, Mayor. So let me just introduce quickly behind me. We have three commissioners here, Glenn Krebs, Dr. Melody Ryan, and Dr. Sue Roberts. So thank you all for being here today. It's been a challenge the last two years since COVID hit. So we had to come up, be really creative, and came up with some innovative ideas how to keep our programs going and how to keep the lines of communication open with all of our sister cities. And we couldn't do that without, or I could not do that without the help of our commissioners and our ambassadors and our volunteers. And we have some of those people here today. I'd like for you all to stand up if you would, our ambassadors and volunteers. Thank you. This is a program that one person can't do. You need a lot of help. So I appreciate all of you all, and I really appreciate this recognition. So thank you very much. Thank you. Thank you. Let's get a picture. Okay. Yeah. Sure. with the All right, one, two, three. Okay, got a couple. Can we get one of the ambassadors? Come on up. Don't be shocked. Come on. Come on. All right. One, two, three. All right. Good. Thank you. All right. Wow, you are a jack of all trades. Thank you. We're here for time. Take a picture of him. We don't want you. I'll never knock on my phone again. That's the key. Well, I'm just gonna move. I paid for camera for me. Now, I would like to ask Chief Wells, Assistant Chief Larkin, and a whole bunch of firefighters please to join me at the podium. You know who you are. We know who you are actually. Come on, fill in this space too, please. Have you ever known firefighters to be so shy? I mean, really. Tonight we get to honor some very special people, members of our Lexington Fire Department team. I'm joined by Chief Jason Wells, Assistant Chief Robert Larkin, as well as several of our firefighters who stepped up to assist our neighbors in eastern Kentucky. We all know our public safety teams, fire, police, corrections, E911, emergency management are critical to the operations of our city. And it's no surprise that when our fellow Kentuckians need help, our teams step up to the plate. The Lexington Fire Department is one of the best trained fire departments in the state, if not the nation. When the devastating floods hit eastern Kentucky, within hours, our fire rescue teams organized and went to some of the worst-hit areas. And our medical ambulance bus helped relocate patients from a Jackson hospital and nursing home residents from Pikeville Medical Center to other medical facilities. We had 54 firefighters deployed to the area. They helped rescue over 130 people and assessed over 4,500 structures. The deployed firefighters continued operations for eight days, conducting wide area searches, locating the missing, providing aid and evacuation to those in need, and providing command and control in the unified command. It is really amazing to watch these firefighters step up to help our neighbors. Far too many in eastern Kentucky lost everything. Without the rescue efforts of these folks, more people would have lost their lives. Recently, they were honored by Governor Andy Beshear and all of them became Kentucky Colonels. They are skilled, they're dedicated, they're courageous. You know, they run to the problems when everybody else is trying to run away. And I, as well as I know, council members are so very proud of you all. So today I have a special proclamation and then I'll invite Chief Wells to say a few words. Whereas catastrophic flooding devastated much of Eastern Kentucky in late July, and whereas within hours our Lexington Fire Department had 54 firefighters deployed to the area to assist in search and rescue operations, and whereas our firefighters continued operations for eight days, locating the missing, providing aid and evacuation to those in need. And whereas Lexington Fire Department paramedics used the medical ambulance bus to evacuate patients from a hospital and a nursing home, relocating them to surrounding facilities. and whereas working with their state and local partners over 130 people were rescued over two days and whereas three fire department personnel are still on the scene in hazard to continue operations with the incident management team now therefore i linda gorton mayor of lexington do hereby declare August 18, 2022, Lexington Fire Department Day here in Lexington, in appreciation of the heroic efforts taken by our firefighters to support residents in flooded areas in eastern Kentucky. Thank you all from the bottom of our hearts. Thank you, Mayor. If you think it's hard to get them to line up, it's equally hard to get them to accept recognition, and I'm so grateful. Mayor Gordon and members of the council, I want to thank you all, not only for this honor, but for supporting us and allowing us to help our neighbors. As I've said before, it's an honor and a privilege to serve the men and women of the Lexington Fire Department as their chief. Each and every day, they continue to impress me with their selflessness and service. The deployment to Eastern Kentucky is but one example of that service. I'm so proud of you all and our department. Thank you very much. Let's get a photo. You got it? Thank you. Thank you. Thank you all so much. At this point, we have a public hearing. And today, we are holding a public hearing on the fiscal year 2023 county road aid program. Copies of this budget are available on the city website, www.lexingtonky.gov, on the Urban County Council Clerk's Office, in the County Clerk's Office, and the Lexington Public Library's Central Branch. So I'd like to go ahead and declare the public hearing in session and ask if there are any comments from the public for this hearing. All right, seeing none, the public hearing is now closed. And at this point, we will have public comment, and I have four people signed up to comment. And the way this works is the council has a process where, as I call your name, you'll come to the podium and state your name and address for the record. And you'll have three minutes to speak. So first on the list is John Halton. Welcome. So my name is John Halton. I'm in District 5, Leah Sheehan, 1921 Lakes Edge Drive, 40502. Council and folks, Dr. Sheehan, thank you very much for your kind help over the last six or seven months. We really do appreciate it. So I want to talk to you about a timeline. The first vote on the MOU that KU is working on was July 5. The last one is tonight, I believe. So on July 7, I wrote to Kyle Burns and Kevin Montgomery asking several questions. July 14, Kyle responds, sorry for the delay, discussing internally, we'll be in touch next week. So anyway, on August 16, about a month later, I heard from Kyle, sorry for the delay in responding. We are planning to schedule time with the HOA, all affected property owners, after the vote on the MOU. That will give us the opportunity to speak in detail regarding the plan and the next steps. So that's good news. But still four of the five questions I asked remain. Five questions were detail on the wire buffer zone, calculation of mature tree height, liasimous catalog of trees. We cataloged each tree. And water issues the RES ignored. I want to talk about number five, the willow oak at 1933. Dave Leonard says this is max mature height. Question number five, appraised replacement value is $28,000. The depreciated value is $7,000. KUs offered $300. That's a wide gap between those two. Add the diminished property value for tree as cut. Extended root system raises water issues if cut. And this was not addressed by the RES study. So likely PPL Corp had some editorial participation. in Kyle's response of August 16, perhaps the reason for the delay. Number one question answered still waiting on number two through five. Can we trust that PPO will hold to this agreement to work the plan in good faith with the HOAs? We'll see. Remember, KU's Robert Trimble emailed an Ion Lason that was provided to you back in the fall in the book that we gave to you. We want to maintain 25 feet of vertical clearance from the conductor. This means a full growth tree can be at 30 feet in height. PPLKU's original fall of 2021 max height was 15 feet forgetting the 2007 agreement. Can we count on PPL this time to remember that a deal is a deal? And I think that's a Kentucky mantra, isn't it? be reasonable and fair? And will there be some give and take? And can you, can you really hold their feet to the fire? Thank you again, Council Member Sheehan, and particularly Kevin Montgomery and Kyle Burns who have been very helpful to us. Thank you very much, Mayor. Thank you. Next is Dottie Bean. welcome i'd like to get clarification on something i have two different matters two separate matters can i have i don't think i'll need three minutes on each can i you you have a total of three minutes according to the council rules all right you'll state your name and address for the record or your council district all right okay my name is dotty bean 1364 deer lake circle First of all, I want to compliment the firefighters and thank them as a citizen. They are a division in government that always does its job, and they do a great job. Before your recent break, I was here to question the decision you've made to move the police roll call center at Gaines Way Shopping Center to Veterans Park. Since then, I've continued to investigate as many aspects of the impact this could have on several low-income neighborhoods that have been receiving extra attention because they see they are being preyed upon by drug dealers and criminally minded people in and outside of the neighborhood. I asked if you could reconsider your decision to take the roll call center out of that area and move it to a much safer neighborhood in a more affluent area of Lexington. I concluded I needed to ask some of those questions of you all instead of the police or the bureaucrats running local government. First, have you any intention of restoring some of the money you have cut from the police budget this year? All right, two, are you going to hold a public meeting involving all neighborhoods in the area before you build that roll call center on Seren Drive? Three, will neighbors be notified if you do? Four, will you be diverting any of the police strength from Gaines Way to patrol the downtown area both now and during the Breeders' Cup? Four, how will you make sure neighbors are told about any plans you have to reduce police protection to their neighborhoods? I read with interest that today's story about plans the city has to address crime in the neighborhoods, and it seemed to be focused on young people in arts and recreational programs to keep them busy. That raises this question, what happened to Partners for Youth? I thought that was their job. The second thing that I would like to talk about, I'm going to go ahead and start. You can stop me if I'm going over my time. I recently attended a planning meeting here and learned of a very disturbing proposal to have a right turn in and a right turn out on Manowar at Park Hill Shopping Center. I don't know if you all have ever been out there, but I can tell you this is a very, very bad idea. The normal distance between entrances or access streets is 1,200 feet. I was told this one would be 400 feet, one third of what would be normally needed. Ma'am, I am so sorry to interrupt you, but your three minutes has ended. I'm sure they are. All right. How many minutes? Two minutes. Two minutes. There's a motion for two more minutes and a second. Any discussion? All those in favor, say aye. Aye. Anyone opposed? All right, you have two more minutes. All right. I would recommend that everybody drive out there and just imagine yourself trying to drive down Manowar and somebody stopping between that intersection and whatever, and 400 feet later, trying to turn into Park Hill Shopping Center. And both of these, I would like to request that you hold some public hearings on and let the neighborhoods know. And I think a better solution could come up on that. I also have some questions as to the crime rates in Lexington and what they are now and exactly where the homicides are occurring and the ages of both victims and suspects. I'm also hoping to hear about this before next Tuesday's council meeting. And I thank you all for your attention. Thank you. Thank you very much. Next is Rob Walker. Sorry, I did not contain it beyond that. Thank you, I just signed up for Mr. All right. All right, thank you very much. Matt Harrison. Welcome. Thank you. My name is Matt Harrison. I live at 2067 Norborn Drive. That's 02 in Lusheen's district. And, you know, just to have been involved in this KU process for a while, and I appreciate the opportunity to just make a couple of comments as maybe it's winding down. I know David's here. I believe you're the only KU person here tonight. He lives not far from me. I'm glad you're here. really I want to say thank you this is you know been a difficult process certainly we realized you had the legal right to do nothing different than you had planned and certainly I know I speak on behalf of some of my neighbors we hoped maybe you would do a little bit more but what we asked you to do when we spoke up was to listen and to come up with some compliments and really you did both of those things. So we're grateful for that. Again, you know, sure, we all would love to see more done, but we're grateful that there were some things done, and I want to acknowledge that. So thank you. Second thing I want to say is I've learned a lot about civic engagement through this process. I've never been a very political person, to be honest with you, and I know I speak on behalf of some other people that have been involved in this, and we've all said, boy, we've sure learned a lot, and the only thing I would add is I hope everybody has learned a lot through that. What happens when before things happen you engage with people and you listen and and that's been it's been a fun process for me in some ways and so just wanted to say that too and then uh to the mayor and to everybody in the council specifically but others i know you've spent a lot of time on this and we really do appreciate that you've listened you've worked hard and we've made some progress And so I think we have something better for Lexington than we did originally. And that's progress. And we're grateful for that. And you guys have played a big part in that. And so thank you for your service. I know it goes unsaid too often. Thank you. Thank you very much. We appreciate that. All right. Next on our agenda is second reading of ordinances. Number one, an ordinance meting certain of the budgets of the Lexington Fair urban county government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds fiscal year 2023, schedule number five. Thank you. Motion to approve. Thank you. Council Member Ellinger moved. Vice Mayor Kay seconded. And when you're ready, if you'll take a roll call vote, please. Ms. Sheehan? Yes. Ms. Baxter? 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. Mr. McCurn? Yes, ma'am. Mr. Maloney? Yes. Ms. Plowman? Yes. And Ms. Reynolds? Yes. Thank you. that item passes and now it's time for first reading of ordinances number two an ordinance changing the zone from a neighborhood business b1 zone to a highway service business b3 zone for 1.90 net 2.78 growth acres for property located at 3440 3450 3454 richmond road df lexington properties 2 llc council district 7. number three an ordinance creating creating Article 17-11I6 of the zoning ordinance to allow digital electronic message display marquee signs in the Lexington Center Business B2B Zone Big Picture Ventures LLC. Number four, an ordinance creating Section 8-20B31 of the zoning ordinance to permit banquet facilities in the highway service business B3 Zone. Number five, an ordinance cementing certain of the budgets of the Lexington Fair Urban County Government to reflect current requirements for municipal expenditures appropriating and reappropriating funds fiscal year 2023, Schedule number six. Number six, an ordinance amending certain of the budgets of the Lexington Fair urban county government to reflect current requirements for funds in the amount of $238.50 for the Division of Parks and Recreation from the Neighborhood Development Funds for Stage Setup at Hayes Middle School Schedule number 10. Number seven, an ordinance amending certain of the budgets of the Lexington Fair urban county government to provide funds prepaid expenses rolling from fiscal year 2022 into fiscal year 2023 and appropriating reappropriating funds to schedule number seven. Number eight, an ordinance amending certain of the budgets of the Lexington Fair urban county government to amend budget related to purchase orders rolled to fiscal year 2023 and expenses to fiscal year 2022 and appropriating reappropriating funds schedule number eight. Number nine, an ordinance adopting the request of the Lexington Fayette County Health Department under KRS 212.755 and levying a special ad valorem public health tax for fiscal year July 1st, 2022 through June 30th, 2023 on the assessed value of all taxable real and personal property within the taxing jurisdiction of the Lexington Fayette Urban County Government, Including real and personal property of public service companies, non-commercial aircraft, non-commercial watercraft, and inventory in transit, and excluding insurance capital, tobacco and storage, and agricultural products and storage at the rate of .026 cents on each $100 of assessed value as of the January 1st, 2022 assessment date, and levying a special ad valorem public health tax at the rate of .026 on each $100 of assessed value on all motor vehicles and watercraft within the taxing jurisdiction of the Lexington Fayette Urban County Government as of January 1st, 2023 assessment date. Number 10, an ordinance levying ad valorem taxes for purposes of support of the Soil and Water Conservation District for fiscal year July 1st, 2022 through June 30th, 2023 on the assessed value of all taxable real property within the taxing jurisdiction of the Lexington Fair or Mechanic Government, including real property of the public service companies, at a rate of .0006 cents on each $100 of assessed valuation as of the January 1st, 2022 assessment date. Number 11, an ordinance levying to add valorem taxes for the purpose of support of the Agriculture Extension Office for the fiscal year July 1st, 2022 through June 30th, 2023 on the assessed value of all real and taxable real and personal property within the tax and jurisdiction of the Lexington Fair Urban County Government, all taxes on each $100 of assessed valuation as of the January 1st, 2022 assessment date as follows. .004 cents on all taxable real property, including real property of public service companies, .0052 cents on taxable personal property, including personal property of public service companies, non-commercial aircraft, and non-commercial watercraft, and excluding inventory and transit insurance capital, tobacco and storage, and agricultural products and storage, and levying an ad valorem tax for purposes of support of the Agriculture Extension Office at the rate of .0032 cents on each $100 of assessed value on all motor vehicles and watercraft within the taxing jurisdiction of the Lexington Bay Urban County Government as of the January 1st, 2023 assessment date. Number 12, an ordinance levying ad valorem taxes for municipal purposes for the fiscal year July 1st, 2022 through June 30th, 2023, on the assessed value of all taxable property within the taxing jurisdiction of the Lexington Fair Urban County Government, all taxes on each $100 of assessed valuation as of the January 1st, 2022 assessment date as follows. General Services District, 0.078 cents on the real property, including real property of public service companies, .0880 on personal property, including personal property of public service companies, non-commercial aircraft and non-commercial watercraft, .1500 cents on insurance capital, .0150 on tobacco and storage, and .0450 on agricultural products and storage. Full urban or partial urban service districts based on urban services available on real property including real property of public service companies, .139 cents on refuse collection, .020 cents on streetlights, .009 cents. On street cleaning, 0.0920 on insurance capital, 0.0150 on tobacco and storage, 0.045 on agricultural products and storage. Abandoned urban property, $1 in living and ad valorem tax for municipal purposes at the rate of 0.0880 cents on each $100 of assessed value on all motor vehicles and watercraft within the taxing jurisdiction of the Lexington Fay Urban County Government as of January 1st, 2023 assessment date. Number 13, an ordinance amending section 6-49A of the code of ordinances relating to the election of retiring members to the board of trustees for the city employees pension fund to clarify election procedures and to authorize the mayor to appoint non-retiree beneficiaries or other interested individuals to fill vacancies in retiree positions unfilled by the election, subject to the approval of council as authorized by KRS 67A.320. Number 14, an ordinance creating section 6-53B7 of the code of ordinances relating to pensions other than police and firemen, specifically pensions on retirement to provide for an increase of 5% to each retiree's base annuity or the annuity paid to the retiree's widow or dependent children effective January 1st, 2023. Number 15, an ordinance amending the authorized strength by creating one classified position of information officer, grade 518E, in the division of government communications establishing one unclassified position of public service worker, part time, grade 507N, The Division of Facilities and Fleet Management and creating one classified position of Public Service Worker, Grade 507N, and the Division of Facilities and Fleet Management, all effective July 1st, 2022. Number 16, ordinance amending the authorized strength by transferring one classified position of Zoning Ordinance Officer Senior, Grade 518E, three classified positions of Zoning Enforcement Officer, Grade 516N, and one classified position of Staff Assistant, Grade 508N, along with the incumbents in the positions and the funds associated with those positions from the Division of Planning to the Division of Building Inspection, effective upon passage of council. Number 17, an ordinance meting the authorized strength by abolishing one classified position of maintenance supervisor grade 519E and creating one classified position of maintenance supervisor grade 519N in the division of waste management, thereby changing the Fair Labor Standards Act, FLSA, status in the position from exempt to non-exempt, transferring the incumbent to the non-exempt position and conveying the biweekly salary to an hourly rate of pay, effective the first payroll Monday following the passage of council. Number 18, an ordinance amending the authorized strength by transferring one classified position of technical specialist grade 515N along with the funds associated with the position from the Division of Parks and Recreation to the Division of Computer Services effective upon passage of council. Thank you. Thank you. Are there any walk-ons? All right. Are there any suspensions to have second reading? Any motions? All right. Thank you. Now it's time for second reading of resolutions. Number one, a resolution authorizing the Department of Law on behalf of the Urban County Government to enter into a memorandum of understanding with Kentucky Utilities Company related to its tree cutting practices to dismiss the government's injunction lawsuit against the company, Fayette Circuit Court Case Number 21CI-03574, and to take any other additional necessary related actions. Thank you. Thank you. Thank you. Vice Mayor moves approval. Is there a second? Council Member Baxter seconds. when you're ready. If you'll take a roll call vote, please. Ms. Sheehan? Yes. Ms. Baxter? Yes, ma'am. Mr. Fred Brown? Yes. Mr. James Brown? Yes. Mr. Ellinger? Yes, ma'am. Vice Mayor Kay? Yes. Mr. Kloiber? Yes, ma'am. Ms. Lamb? Yes, ma'am. Mr. McCurn? Yes, ma'am. Mr. Maloney? Yes. Ms. Plowman? Yes. And Ms. Reynolds? Yes. Thank you. That item passes, and for the public, that was the Memorandum of Understanding with Kentucky Utilities that passed. Now we're ready for first reading of resolutions. Number two, a resolution accepting the bid of WJ Brands LLC doing business as Manowar Harley-Davidson establishing a price contract for Motorcycles for Police for the Division of Facilities and Fleet Management. Number three, a resolution accepting the bid of Nugent Sand Company establishing a price contract for Sand for Golf Courses for the Division of Parks and Recreation. Number four, a resolution accepting the bid of Worldwide Equipment Inc. establishing a price contract for Heavy Duty Truck Repair Supplemental for the Division of Facilities and Fleet Management. Number five, a resolution accepting the bid of Worldwide Equipment, Inc., establishing a price contract for sideloader for the Division of Facilities and Fleet Management. Number six, a resolution accepting the bids of Central Indiana Truck Equipment Corporation and Municipal Equipment, Inc., establishing price contracts for refuse truck body parts for the Division of Facilities and Fleet Management. Number seven, a resolution accepting the bid of Paul Miller Ford, Inc., and Wright Lane, LLC, doing business as Amco Transmissions and Total Car Care, establishing price contracts for transmission repair rebid for the Division of Facilities and Fleet Management. Number eight, a resolution accepting the bid of CCM Contractors, LLC, doing business as Casey's Custom Mowing, establishing a price contract for nuisance abatement for the Division of Code Enforcement. Number nine, a resolution accepting the bid of Pathmaster, Inc., establishing a price contract for downtown street light equipment for the Division of Traffic Engineering. Number ten, a resolution accepting the bids of Advanced Turf Solutions, Inc., Harrell's LLC, Site One Landscape Supply, LLC, and the Hill Company, establishing a price contract for horticulture products for golf courses for the Division of Parks and Recreation. Number 11, a resolution accepting the bid of AMCO pump manufacturing in the amount of $42,865 for a portable trash pump for the Division of Facilities and Fleet Services, and authorizing the mayor on behalf of the urban county government to execute an agreement with AMCO pump manufacturing related to the bid. Number 12, a resolution accepting the bid of Herrick Company, Inc., awarded pursuant to RFP number 67-2022, in the amount of $256,000 for the Heartland II pump station replacement project for the Division of Water Quality, and authorize the mayor on behalf of the urban county government to execute an agreement with the herrick company, Inc. related to the bid. Number 13, a resolution accepting the bid of tribute contracting and consultants, LLC, in the amount of $19,155,655 for the East Hickman, Forest Main for the division of water quality and authorize the mayor on behalf of the urban county government to execute an agreement with tribute contracting and consultants, LLC, related to the bid. Number 14, a resolution accepting the bid of Botak, Inc. doing business as Botak Tactical, establishing a price contract for tactical headsets for the division of police. Number 15, a resolution accepting the bid of Crom LLC in the amount of $2,995,420 for the Town Branch Concrete Repairs for the Division of Water Quality and authorizing the mayor on behalf of the urban county government to execute an agreement with Crom LLC related to the bid. Number 16, a resolution accepting the bid of Vogelpole Fire Equipment, Inc., establishing a price contract for self-contained breathing apparatus for the Division of Fire and Emergency Services to be paid using funds awarded under the American Rescue Plan Act of 2021, ARPA. Number 17, a resolution accepting the bid of Gullet Sanitation Services, Inc., establishing a prize contract for wet well cleaning services for the Division of Water Quality. Number 18, a resolution ratifying the permanent classified civil service appointments of Derek Terry, Information Officer, Grade 518E, $2,019.28, bi-weekly in the Division of Government Communications, effective August 7, 2022. Brittany Jefferson, Administrative Specialist, Grade 513 and 19.385 hourly, in the Division of Streets and Roads, effective July 24, 2022. Joseph Zavala, Trades Worker Senior, Grade 511N, 22.145 hourly in the Division of Streets and Roads, effective May 22, 2022. Matthew McFarland, Public Service Worker Senior, Grade 509N, 16.326 hourly in the Division of Streets and Roads, effective July 18, 2022. Tamela Bradley, Administrative Specialist Principal, Grade 518E, $2,438.08, step biweekly in the Division of Community Corrections, effective June 6, 2022. Tracy Johnson, administrative specialist, grade 516 and 25.580 hourly in the Division of Community Corrections, effective July 31, 2022. Cody Dillon, skilled trades worker, grade 515 and 19.880 hourly in the Division of Parks and Recreation, effective April 25, 2022. Diane Fout, administrative specialist, grade 513 and 22.970 hourly in the Division of Parks and Recreation, effective August 14, 2022. Phoebe Kingsley, Administrative Specialist, Grade 513N, 19.575 Hourling, Division of Parks and Recreation, effective July 3rd, 2022. Lori Connor, Public Service Worker, Grade 507N, 15.050 Hourling, Division of Parks and Recreation, effective April 11th, 2022. Rufus Thomas, Public Service Worker, Grade 507N, 15.050 Hourling, Division of Parks and Recreation, effective April 25th, 2022. Deandra Webb, Public Service Worker, Grade 507N, 15.050 Hourling, Division of Parks and Recreation, effective April 11th, 2022. Number 19, a resolution authorizing and directing the mayor on behalf of the urban county government to execute a second amendment to the subrecipient agreement with the Community Action Council, CAC, in order to allocate $1,950,000 of federal emergency rental assistance grant funds awarded under Section 501A of Division N of the Consolidated Appropriations Act 2021 ERA 1 and $1,550,000 of federal emergency rental assistance grant funds awarded under Section 3201A of the American Rescue Plan Act of 2021 ERA 1. ERA 2 to CAC for the continued operation of the housing stabilization program authorizing the mayor on behalf to execute any other needed agreement or amendments with CAC related to the use of these funds. Number 20, a resolution of the Urban County Council expressing the opposition of the Urban County Council to the initial issuance of a Title V permit 5-22-018 for the operation of an air curtain incinerator by CNR Asphalt LLC at 1400 Cahill Road Drive and 415 Reedman Lane directly adjacent to McConnell Springs Park and requesting a public hearing and authorizing and directing the Urban County Council Clerk to provide this resolution to the Commonwealth of Kentucky Division for Air Quality. Number 21, a resolution authorizing the mayor on behalf of the Urban County Government to execute Change Order Number 2 to the contract with EOP Architects for Design Services of the Elevator Repairs in the Government Center increasing the contract price by the sum of $59,220 from $36,952.28 to $96,172.28. Number 22, a resolution authorizing the mayor on behalf of the urban county government to execute a contract extension agreement with Meridian Management Corporation to extend the term of agreement for facility management services at the Fayette County Courthouse from January 12, 2023 to June 30, 2023, at a cost not to exceed $524,867.37. Number 23, a resolution authorizing and directing the mayor on behalf of the urban county government to execute a purchase of service agreement and related lease agreement with the Lexington Fayette Animal Care and Control LLC for animal control services at a cost to exceed $1,671,880. Number 24, a resolution approving the Fayette County Sheriff's Settlement 2021 taxes for taxes collected as April 16, 2021 through April 18, 2022 and granting the sheriff acquitus. Number 25, a resolution authorizing the mayor on behalf of the urban county government to accept a donation from the Friends of Corrections for Reentry Program for the benefit of an inmate population. The donation is valued at $5,182.74. Number 26, a resolution authorizing and directing the mayor on behalf of the urban county government to execute amendment number one to the risk accelerator AWS SAS Access Agreement with the Computer Sciences Corporation, CSC, to extend the term of work order number eight for 36 months from October 1st, 2022 to September 30th, 2025 at a cost not to exceed $47,092 annually. Number 27, a resolution authorizing the mayor on behalf of the urban county government to pursue into the jobs fund program to execute a 10-year forgivable incentive agreement and related documents with Silver Fern Group Services, LLC, in an amount not to exceed $100,000 for the creation and retention of at least five new jobs with an average hourly wage of at least $49.60 exclusive of benefits. Number 28, a resolution authorizing and directing the mayor on behalf of the urban county government to accept a donation from Galt LLC of $10,000 for the Be the Change College Scholarship to be administered through One Lexington. Number 29, a resolution authorizing the Division of Waste Management to purchase electronic vehicle inspection, reporting software, hardware, data plans, and professional services from Zonair Systems LLC, a sole source provider, and authorizing the mayor on behalf of the Urban County Government to execute any necessary agreement with Zonair Systems LLC related to the procurement. Number 30, a resolution authorizing the Division of Waste Management to purchase hardware, software, and support services for scales from Mettler Toledo, a sole source provider, and authorizing the mayor on behalf of the Urban County Government to execute any necessary agreement with Mettler Toledo related to the procurement. Number 31, a resolution authorizing the Division of Waste Management to purchase hardware, software, professional services, cellular data plans, and or software maintenance support from Routeware Global, Inc., a sole source provider, and authorizing the mayor on behalf of the urban county government to execute any necessary agreement with Routeware Global, Inc. related to the procurement. Number 32, a resolution authorizing and directing the mayor on behalf of the urban county government to execute an agreement with Washington, Baltimore, high-intensity drug trafficking area for participation in the overdose detection mapping application program. Number 33, a resolution authorizing and directing the mayor on behalf of the urban county government to execute a federal equitable sharing agreement and certification with U.S. Department of Justice and Department of Treasury for participation in the federal equitable sharing program. Number 34, resolution authorizing and directing the mayor on behalf of the urban county government to execute a second amendment and extension to the existing health services agreement with CHSTX, Inc., doing business as Yes Care, successor by merger to the rights and obligations of Corizon, LLC, increasing the contract price by the sum of $417,076 from $5,151,303 to $5,568,379 in fiscal year 2023. Number 35, a resolution authorizing division of E911 to purchase software and support services from 911 data master, a sole source provider, and authorizing the mayor on behalf of the urban county government to execute an necessary agreement with 911 data master related to the procurement at a cost to exceed $46,732. Number 36, a resolution establishing Brown Equipment Company as a sole source provider for parts and materials for closed circus television trucks for the division of water quality and authorizing the mayor or her designee on behalf of the urban county government to execute any necessary agreement with Brown Equipment Company related to the procurement. 37, a resolution authorizing the vision of E911 to purchase telephone technology from Krause Associates, Inc., doing business as AK Associates, a sole source provider, and authorizing the mayor on behalf of the urban county government to execute unnecessary agreements with Krause Associates, Inc., doing business as AK Associates related to the procurement. Number 38, a resolution authorizing the mayor on behalf of the urban county government to execute purchase of service agreements with the following 29 extended social resource ESR programs, community-based initiative grantee agencies pursuant to RFP number 1-2022, Community Wellness and Safety, RFP 2-2021, Childhood and Youth Development, and RFP 3-2021, Food Insecurity and Nutritional Access. Arbor Youth Services, $98,000. Avall Kentucky, Inc., $96,600. Big Brothers Big Sisters of the Bluegrass, $54,000. Bluegrass Community Action Partnership, Inc., $25,250. Bluegrass Council of the Blind, $30,000. Bluegrass Rape Crisis Center, Inc. Joint Businesses Ampersand, $34,000. The Carnegie Center for Literacy and Learning, $110,000. Central Music Academy, $21,000. Children's Advocacy Center of the Bluegrass, $143,750. Crystal's House, Inc., $103,500. Common Good Community Development Corporation, $65,000. Food Chain, $53,000. Clean Kentucky, Inc., $30,000. God's Pantry Food Bank, $280,000. Greenhouse 17, $45,000. Lexington Hearing and Speech Center, doing business as the Hearing and Speech Center, $40,000. Lexington Leadership Foundation, $150,000. Lexington Gay Services Organization, Inc. Doing Businesses. Lexington Pride Center, $25,000. Lexington Rescue Mission, Inc., $117,900. The Living Arts and Sciences Center, Inc., $40,000. Mission Lexington, Inc. Doing Businesses. Mission Health, Lexington, $46,500. Movable Feast, Lexington, Inc., $36,500. New Beginnings Bluegrass, Inc., $64,200. Seedleaf, Inc., $19,000. Shepherd's House, Inc., $96,000. The Foster Care Council of Lexington, Kentucky, $22,000. The Nathaniel Mission, $78,000. The Ness Center for Women, Children, and Families, $188,550. Refuge Clinic, $115,000. Urban League of Lexington Fayette County Incorporated, $38,000. And Visually Impaired Preschool Services, VIPs, $38,000 to provide social services to the public at a cost not to exceed $2,303,750. Number 39, 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 from owners of record for property interest needed for the Lion Drive Stormwater Improvements Project at a cost not to exceed $13,200. Number 40, a resolution authorizing the mayor on behalf of the urban county government to execute a multi-year agreement with Krauss Associates doing business as AK Associates for on-site and remote maintenance services for the enhanced 911 system for the division of enhanced 911 at a cost not to exceed $276,156 in fiscal year 2023. Number 41, 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 from owners of record for property interest needed for the Parker's Mill Trunk Project or remedial measures project required by the consent to create a cost not to exceed $19,800. Number 42, a resolution authorizing the Division of Emergency Management to purchase outdoor warning sirens and all associated equipment from Federal Signal, a sole source provider, and authorizing the mayor on behalf of the urban county government to execute an necessary agreement with Federal Signal related to the procurement. Number 43, a resolution authorizing the division of Enhanced 911 to purchase new replacement equipment for the microwave hop between public safety radio towers from Motorola Solutions, Inc., a sole source provider, and authorizing and directing the mayor on behalf of the urban county government to execute an unnecessary agreement with Motorola Solutions, Inc. related to the procurement at a cost not to exceed $73,615. Number 44, a resolution authorizing the mayor on behalf of the urban county government to execute change order number three to the contract with C. Matthews for the Woodland Park restroom building, decreasing the contract price by the sum of $3,075 from $527,550 to $524,475. Number 45, a resolution authorizing and directing the mayor on behalf of the urban county government to execute an agreement with the Fayette Mall S-P-E-L-L-C to install a kiosk at the Fayette Mall for officer recruitment for the Division of Community Corrections at a cost not to exceed $5,080. Number 46, a resolution authorizing and direct the mayor on behalf of the urban county government to execute a memorandum of understanding with Center Meadows LLC, the urban county housing authority for the Lexington Police Department's use of 1317 Center Parkway Basement Office space at a cost not to exceed, at no cost to the urban county government. Number 47, a resolution authorizing and direct the mayor on behalf of the urban county government to execute an agreement with the Kentucky Infrastructure Authority to finalize acceptance of an award of $11,868,095 in the federal funds under the Cleaner Water grant for the replacement of chemical disinfection equipment at Town Branch and West Hickman wastewater treatment plants. Number 48, a resolution authorizing the mayor on behalf of the urban county government to accept a grant from the Commonwealth of Kentucky Cabinet for Health and Family Services, which grant funds in the amount of $10,000 in federal funds under the American Rescue Plan Act, ARPA, to fund repairs to the playground structure at the family care center, the acceptance of which does not obligate the urban county government to the expenditure of funds and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 49, a resolution authorizing and directing the mayor on behalf of the urban county government to execute an amendment to the grant agreement with Lexington Housing Authority for housing stabilization in order to amend the agreed budget and further authorizing the mayor to execute any other amendments related to this grant agreement. Number 50, a resolution authorizing the mayor on behalf of the urban county government to execute an agreement awarded pursuant to RFP number 30-2022 with Strand Associates, Inc. for work related to the town branch and West Hickman wastewater treatment disinfection process replacement project at a cost not to exceed $756,000 to be paid using funds awarded under the American Rescue Plan Act, ARPA. Number 51, a resolution establishing Adapt Farm as a sole source provider of nasal Narcan for the comprehensive opioid abuse site-based program in the Division of Fire and Emergency Services and authorizing the mayor or her designee on behalf of the urban county government to execute any necessary agreements with Adapt Farm or related to the procurement of these goods at a cost not to exceed $69,660. Number 52, a resolution authorizing the mayor on behalf of the urban county government to accept a grant from the Kentucky Department of Education, Division of School and Community Nutrition in the amount of $6,228.22 in federal funds for the provision of breakfast, lunch, and supplements at a free and reduced rates to infants and toddlers attending the family care centers, child care, and preschool programs, the acceptance of which does not obligate the Irving County government to the expenditure of funds and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 53, a resolution authorizing and directing the mayor on behalf of the Irving County government to accept an additional award of $89,857.30 in federal funds of the American Rescue Plan Act, ARPA, from the Kentucky Cabinet for Health and Family Services, Department for Community-Based Services, in order to support child care expenses in the extended school program at the Division of Parks and Recreation, the acceptance of which does not obligate the urban county government to expenditure of funds and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 54, a resolution authorizing and directing the mayor on behalf of the urban county government to execute an amendment to the agreement with Garden Meadows Homeowners Association, Inc., under the Neighborhood Action Match Program, extending the project to September 30, 2023. Number 55, a resolution authorizing and directing the mayor on behalf of the urban county government to execute an amendment to the agreement with the Cardin Council of North America, Inc., for the purchase of an optical sorter for the Division of Waste Management, extending the period of performance to March 31, 2027. Number 56, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an agreement with the Kentucky Transportation Cabinet for the Nicholasville Road Feasibility Study at a cost not to exceed $25,000. Number 57, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an amendment to a grant agreement with the Bluegrass Area Development District, Inc. to incorporate an increased award of $80 in Commonwealth Kentucky funds and $9,000 in federal funds for the Senior Citizens Center in fiscal year 2022 and authorizing the mayor to transfer unencumbered funds within the grant budget. And number 58, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an agreement with Friends of Lexington Senior Center, $500, the Salvation Army, $500, Clemens Heights Neighborhood Association, $500, Lafayette High School PTSA, $500, Ellerslie HOA, $140, 16th District PTA, Care of Brenda Cohen Elementary, $1,200, Bellow Wood Neighborhood Association, Inc., $185. LFUCG Parks and Recreation, $238.50 for the Office of the Urban County Council at a cost not to exceed the sum stated. Thank you. Thank you very much. I believe Council Member Reynolds has a walk-on. Yes. On behalf of the administration, I move to place on the docket for tonight's council meeting under resolutions, first reading, a resolution authorizing the mayor on behalf of the urban county government to execute a public acquisition, minor plat to accept deeds from owners of record and to execute any other documents necessary for the acquisition of property interest for the Mason-Hanley Road project at no cost to the urban county government. Is there a second? All right, Council Member Ellinger seconds. Any questions? All right, all those in favor of that walk on, please say aye. Aye. Anyone opposed? All right, are there other walk-ons? I do not see any. If you'll please go ahead and give that first reading. Number 59, a resolution authorizing the mayor on behalf of the urban county government to execute a public acquisition minor plat to accept deeds from the owners of record and to execute any other documents necessary for the acquisition of property interest for the Mason Healy Road project at no cost to the urban county government. Thank you. Thank you. are there any motions to suspend the rules council member lamb yes mayor i have two two motions or two items item number 19 on behalf of the administration it's the resolution that i walked on on tuesday second amendment to the sub recipient agreement with community action council uh for rental assistance i so move second all right council member mccern seconds any questions all those in favor say aye anyone opposed all right that motion passes and the second one is the grant from the commonwealth of kentucky cabinet for health and family services for grant funds for ten thousand dollars for the uh from the for the family care center um which number it's i'm sorry it's number 48 sorry i thought i said that all right thank Thank you very much. Did you get a chance to finish? Did I have what? Did you finish? Yes, ma'am. Okay. There's a second by Council Member Reynolds. Any discussion? All those in favor, please say aye. Aye. Anyone opposed? All right, that motion passes. Council Member Baxter. Thank you, Mayor. I move to suspend the rules and give second reading to item number 21, a resolution executing change order as it pertains to elevator repairs so moved thank you vice mayor case seconds any questions all those in favor please say aye is anyone opposed all right that motion passes councilmember Reynolds yes I would like to do a second reading on number 20 it was the resolution about the permit and the public hearing for the cnr asphalt that's a member mckern seconds any questions all right all those in favor please say aye anyone opposed all right that motion passes council member james brown i still have another one i'm sorry uh did we do the reading for the one that i just did yes then that i don't know what number it is but i would like to ask for a second rating 59. okay thank you i would like to ask for a second rating on 59 due to time constraints all right is there a second second council member ellinger seconds any questions all those in favor say aye aye all those in favor say aye aye okay anyone opposed no okay we have one no vote. Okay. Council Member James Brown. Thank you, Mayor. On behalf of the administration, I'd like to suspend the rules and give second reading to number 33. This is a resolution regarding the federal equitable sharing program. So moved. Thank you. Second by Council Member Plowman. Any questions? All those in favor say aye, please. Aye. Anyone opposed? All right. That motion passes. Are there any other motions to suspend the rules? Okay. It looks like we have 19, 20, 21, 33, 48, and 59. Okay. When you're ready, if you'll please give the second reading. Number 19, a resolution authorizing and directing the mayor on behalf of the urban county government to execute a second amendment to the subrecipient agreement with Community Action Council CAC in order to allocate $1,950,000 of federal emergency rental assistance grant funds awarded under Section 501A of the Division N of the Consolidated Appropriations Act, Section 2021, ERAA, and $1,550,000 of federal emergency rental assistance grant funds awarded under Section 3201A of the assistance grant funds of the American Rescue Plan Act of 2021 ERA2 for CAC for the continued operation of housing stabilization program and authorizing the mayor to execute any other needed agreements or amendments with CAC related to the use of these funds. Number 20, a resolution of the Urban County Council expressing the opposition of the Urban County Council to the initial issuance of a Title V permit 5-22018 for the operation of an air curtain incinerator by CNR Asphalt LLC at 1400 Cahill Drive and 415 Rebman Lane directly adjacent to McConnell Springs Park and requesting a public hearing and authorizing and directing the Urban County Council Clerk to provide this resolution to the Commonwealth of Kentucky Division for Air Quality. Number 21, a resolution authorizing the Mayor on behalf of the Urban County Government to execute Change Order No. 2 to the contract with EOP Architects for Design Services of the elevator repairs in the government center increasing the contract price by the sum of $59,220 from $36,952.28 to $96,172.28. Number 33, a resolution authorizing and directing the mayor on behalf of the urban county government to execute a federal equitable sharing agreement and certification with the US Department of Justice and Department of the Treasury for participation in the federal equitable sharing program. Number 48, a resolution authorizing the mayor on behalf of the urban county government to accept a grant from the Commonwealth of Kentucky Cabinet for Health and Family Services, which grant funds earn the amount of $10,000 in federal funds under the American Rescue Plan Act, ARPA, to fund repairs to the playground structure at the Family Care Center, the acceptance of which does not obligate the urban county government to the expenditure of funds, and authorizing the mayor to transfer unencumbered funds within the grant budget. And number 59, a resolution authorizing the mayor on behalf of the urban county government to execute a public acquisition, minor plat, to accept deeds from owners of record, and to execute any other documents necessary for the acquisition of property interest for the Mason-Headley Road project at no cost to the urban county government. Thank you. Is there a motion to approve? So. Thank you. Councilmember Plumman, a second? Second. Council member Sheehan and when you're ready if you'll take a roll call vote please. Ms. Sheehan? Yes. Ms. Baxter? 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. Yes, ma'am. Ms. Lamb. Yes, ma'am. Mr. McCurn. Yes, ma'am. Mr. Maloney. Yes. Ms. Plumman. Yes. And Ms. Reynolds. Yes. Thank you very much. Those all pass. Could I please have a motion to approve the communications from the mayor? Council Member Lamb moved. Council Member Plumman seconded. Are there any questions? All right. All those in favor, please say aye. Aye. Is anyone opposed? Okay, that motion passes. And you have a few pages of communications from the mayor for your information only. And that brings us to discipline. And Chief Weathers has one discipline to present tonight. Welcome. Good evening, everybody. I have a discipline recommendation for council approval. On April 25th, 2022, an internal formal complaint was made that officer Jonathan Cole violated General Order, 1973-02-K, Disciplinary Procedure of Sworn Officers, Appendix B, Operational Rule 1.35, violating any rules of the department. At the conclusion of the investigation, the employee met with me and has accepted a written reprimand and a two-week suspension of his home fleet privilege. On March 6, 2022, the Lexington Police Department received a complaint that Officer Jonathan Coyle, assigned vehicle, cut off a vehicle on the bypass in Richmond, Kentucky. This incident occurred at approximately 1647 hours, which is prior to the end of his shift at 1700 hours. Officer Coyle was counseled regarding this incident. On March 27, 2022, at approximately 1657 hours, Officer Quill's vehicle was observed again in Richmond, Kentucky. On this date, he was scheduled to work in West Sector Patrol until 1700 hours. At the conclusion of the investigation, it was determined that Officer Quill violated General Order 1973-03S, Operation and Maintenance of Department Vehicles, Section 5B2, which states, Officers assigned to the Bureau of Patrol are expected to remain in their assigned sectors until the actual end of their shifts. This is Officer Cole's first sustained formal complaint since he was employed on October 19, 2015. Thank you very much. Chief, are there any motions? Thank you, Councilmember McCurron. Councilmember Ellinger seconds. Any questions? Councilmember James Brown. Thank you, Mayor. Thank you, Chief. The second incident, how did notification, how was the department made aware of the second incident? We received, it just says we received notification. I suspect somebody saw him there that probably knew he shouldn't have been there. Okay, okay. All right, thank you. Thank you, Mayor. Okay, any other questions? All right, all those in favor, please say aye. Aye. Anyone opposed? All right, that motion passes. Thank you very much, Chief Weathers. Thank you all. Now it's time, Council, for announcements. If you'll log in, please. Any announcements? Council Member Lamb. I guess I must be hitting the screen in the wrong place because this is about the fourth time tonight that the thing went off on me. Thank you, Mayor. I just wanted to speak, actually, before the people that were here about the MOU left the room, but I didn't get quick enough on the snap. I just want to thank my colleagues, and I want to specifically thank Council Member Sheehan. I want to thank the Mayor, and I know a number of my colleagues have helped and been supportive. And I also want to thank KU, Mr. Frybert, and Kevin Montgomery, Mr. Montgomery. But I want to empower the community because I want the community to understand that their involvement in this really made a difference. and as a public servant now for 30-some years, elected official for almost eight, there's one thing that I want the community to be empowered with is the fact that you can get involved and you can help affect change. It doesn't always have to be the elected officials that you beg or fuss at or harangue or whatever word you want to use to make a difference. Together, the community and the elected officials, public servants, can make a difference together. And I have watched this. It took some time, but I want the community to hear that their involvement was integral in this process. and I just wish that they were all still sitting here in this chamber to hear and I hope that they will hear this, my message to them because the community is a strong voice and they can make changes big time and so I know it's been a long time coming I know that these changes are good and I feel like that over time we will see that this is going to make some improvements in the areas. I also hope that our levels of communication through this process, that we have learned the value of sitting down at the table early on so that we can make changes and talk about them. And so, again, I want to thank my colleagues, Special Councilmember Sheehan and the mayor, for their involvement and their commitment to continuing to make a difference in this. And it just means a lot to me. Thank you. Thank you. Thank you. It would be, I would be remiss not to thank my team. Commissioner Albright was heavily involved in our work. Jennifer Carey, Dave Barbary, and Law, our arborist. We had a full-on press with some of those folks, so I also thank them. Council Member Baxter. Thank you, Mayor. I just wanted to make the public aware the city has shared it, and I've shared it on Facebook as well, But there has been some updates to traffic, the flow of traffic, I guess, on Rosemont Garden. And while this is not my district, the majority of my high school students in my district attend Lafayette High School. And with all of the construction that's been going on in that area, I wanted to make sure that everyone was aware of the new turn lanes. So if you are on Rosemont Garden going away from Harrodsburg towards Nicholasville Road, the left-hand lane turning onto Lafayette Parkway is now a left turn only. So I just wanted to make everyone aware of that. That should help with the flow of traffic in that area. And then I also wanted to thank our division of EQPW for your work on that as well. I hope that will be very helpful to everybody. Thank you. Thank you. Any other comment, announcement, council members? All right. I believe Council Member Baxter has a motion for a closed session. Yes, ma'am. I move that we go into closed session pursuant to KRS 61.8101F for the purpose of discussions which might lead to the appointment, discipline, or dismissal of an individual employee. All right. Council Member McCurn seconds. Any questions? All those in favor, say aye. Aye. Anyone opposed? Thank you for voting. We're in closed session. We'll be back. Thank you. Thank you. We'll be right back. We'll be right back. Thank you. Thank you. We'll be right back. Thank you. We'll be right back. Thank you. Thank you. Is there a motion? A motion to come back into open session. Any discussion? All in favor, please say aye. Aye. Any opposed? That motion carries. Now I'll entertain a motion to adjourn. So moved. Without objection, we stand adjourned. Thank you.
