# Urban County Council - January 31, 2023 > Auto-transcribed civic record · January 31, 2023 - **Permalink**: https://meetings.lexingtonky.news/meeting/5748 - **Source video**: https://lfucg.granicus.com/player/clip/5748?view_id=14&redirect=true - **Date**: 2023-01-31 - **Last revised**: January 31, 2023 - **Length**: 7,376 words - **Speakers**: Mayor > ⚠️ **Auto-generated content.** Audio from the official Granicus video was auto-transcribed with OpenAI's open-source Whisper large-v3-turbo model, run locally by The Lexington Times. Structured facts were extracted with GPT-4o; the narrative summary was written by Anthropic Claude. Verbatim wording may contain errors. See [methodology](https://meetings.lexingtonky.news/about/methodology) or [report a correction](mailto:editor@lexingtonky.news). --- ## Meeting Overview The Urban County Council convened on January 31, 2023, at 5:00 PM in the Council Chambers in Lexington, Kentucky, with Mayor Gorton presiding over the session. The council addressed three agenda items during the meeting, all of which were approved by the body. The meeting included consideration of zoning matters, with both a Zone Change Ordinance and a Zoning Ordinance Amendment receiving approval from the council members. Additionally, the council passed a Resolution for Toyota Sienna Vans, completing all items on the evening's agenda. Throughout the session, the council conducted three formal votes on motions, with all measures passing successfully. Two members of the public provided comments during the designated public comment period, offering community input on matters before the council. The meeting demonstrated efficient proceedings with Mayor Gorton guiding the council through all scheduled business items to completion. ## Attendance The following members were present at the January 31, 2023 meeting: **Present:** • Plomin • Reynolds • Sevigny • Sheehan • Worley • Wu • F. Brown • J. Brown • Ellinger • Elliott Baxter • Fogle • Gray LeGris • Lynch • Monarrez All 14 members were in attendance with no absences or late arrivals recorded. ## Votes and Decisions The council conducted three roll call votes during the January 31, 2023 meeting, with all measures passing unanimously. **Ordinance 0021-23** [timestamp: 00:00] - An ordinance changing the zone from a High Density Apartment (R-4) zone to a Professional Office (P-1) zone for property located at 203 E. Fourth St. was approved. Ellinger made the motion, seconded by Fogle. The measure passed 14-0 with the following members voting in favor: Plomin, Reynolds, Sevigny, Sheehan, Wu, F. Brown, J. Brown, Ellinger, Elliott Baxter, Fogle, Gray LeGris, Lynch, and Monarrez. **Ordinance 0024-23** [timestamp: 00:00] - An ordinance amending Articles 1-11 and others of the Zoning Ordinance to update and clarify open space standards received unanimous approval. Ellinger motioned for passage, with Fogle providing the second. The vote was 15-0 in favor, with all present members supporting the measure: Plomin, Reynolds, Sevigny, Sheehan, Worley, Wu, F. Brown, J. Brown, Ellinger, Elliott Baxter, Fogle, Gray LeGris, Lynch, and Monarrez. **Resolution 0001-23** [timestamp: 00:00] - A resolution accepting the bid of Frankfort Toyota for Toyota Sienna Vans for the Division of Fire & Emergency Services passed unanimously. Elliott Baxter made the motion, with Gray LeGris seconding. The final vote was 15-0, with the same members voting in favor as the previous ordinance. All three measures received strong support from the council with no opposition or abstentions recorded on any vote. ## Budget and Financial Actions The meeting addressed three significant financial items totaling $416,151 in expenditures and contracts. **Vehicle Purchase for Emergency Services** The council considered Resolution 0001-23 for the purchase of Toyota Sienna vans for the Division of Fire & Emergency Services. The $93,930 procurement from Frankfort Toyota will provide new vehicles to support emergency response operations. **Water Quality Monitoring Contract** Resolution 0005-23 authorized a $155,404 contract with Hydromax USA, LLC for capacity assurance temporary flow monitoring services for the Division of Water Quality. This contract will support ongoing water system monitoring and compliance requirements. **HVAC Equipment Purchase** The council reviewed another item numbered 0005-23 involving the purchase of HVAC York coils and fan boxes for the Division of Community Corrections. The $166,817 expenditure with Emergent Coils, LLC represents the largest single financial item considered, addressing heating and cooling system needs for correctional facilities. The financial actions span multiple city departments, including emergency services, water utilities, and corrections, reflecting diverse operational needs across municipal services. All three items represent significant capital expenditures requiring council approval due to their dollar amounts exceeding standard procurement thresholds. ## Public Comment Two community members addressed the council during the public comment period. **Dottie Bean** [timestamp: 00:00] raised concerns about recent changes to the public participation process. Bean expressed opposition to the elimination of public comments at committee meetings and criticized the new limitation restricting council members' comments to five minutes. She voiced concerns about how these policy changes might impact public engagement and council deliberations. **Josh Buckman** [timestamp: 00:00] spoke about transportation challenges facing dialysis patients in the community. Buckman outlined the difficulties patients encounter when trying to access transportation services and highlighted specific complications with the A.D.A. Rides process. He described how these transportation barriers create additional hardships for individuals who require regular dialysis treatment. Both speakers used their time to bring attention to issues affecting community access - Bean focusing on public access to government meetings and participation, while Buckman addressed physical access to essential medical services through transportation programs. ## Contested Items The meeting featured one primary area of contention regarding changes to public participation procedures. **Public Comment Policy Changes** Community members expressed opposition to proposed modifications to the public comment structure at government meetings. The disagreement centered on two specific policy changes: - The elimination of public comment periods at committee meetings - The implementation of a five-minute time limit for council members' comments during meetings The nature of the opposition was characterized as community-based, with residents raising concerns about reduced opportunities for public participation in the governmental process. The elimination of public comments at the committee level was particularly contentious, as this would remove a venue for citizen input during the preliminary stages of policy development. The five-minute limitation on council member comments also drew criticism, with concerns that this restriction could limit thorough discussion of complex issues and reduce the quality of deliberation among elected officials. The extracted data does not specify the identities of individual community members who voiced opposition, the exact number of speakers, or the final outcome of these concerns. Additionally, no transcript timestamps were provided in the source material to reference specific moments when these issues were discussed during the meeting. ## Zone Change Ordinance [timestamp: 00:00] The council considered Ordinance 0021-23, which proposed changing the zoning designation for property located at 203 E. Fourth Street from High Density Apartment (R-4) zone to Professional Office (P-1) zone. Key speakers during the discussion included Ellinger and Fogle, though specific details of their presentations and comments were not captured in the available transcript materials. The ordinance represents a shift from residential high-density housing use to professional office designation for the Fourth Street property. This type of zoning change typically involves considerations of land use compatibility, traffic impacts, parking requirements, and neighborhood character. The council approved Ordinance 0021-23, allowing the zone change to proceed from R-4 to P-1 for 203 E. Fourth Street. ## Zoning Ordinance Amendment The council considered Ordinance 0024-23, which proposed amendments to various articles of the Zoning Ordinance to update and clarify open space standards [timestamp: 00:00]. The ordinance focused on modernizing existing open space requirements within the city's zoning framework. Key speakers during the discussion included council members Ellinger and Fogle, who addressed the proposed changes and their implications for future development projects. The amendments aimed to provide clearer guidance for developers and city staff regarding open space calculations and requirements across different zoning districts. The updates were designed to eliminate ambiguities in the current ordinance language that had created confusion during the development review process. The council ultimately approved Ordinance 0024-23, allowing the zoning ordinance amendments to move forward. The approval will result in updated open space standards that provide more precise requirements for new development projects throughout the city. ## Resolution for Toyota Sienna Vans [timestamp: 00:00] The meeting addressed Resolution 0001-23, which proposed accepting a bid from Frankfort Toyota for Toyota Sienna vans intended for the Division of Fire & Emergency Services. Key speakers on this agenda item included Baxter and LeGris, who presented the resolution to the body for consideration. The resolution specifically dealt with the procurement of Toyota Sienna vehicles that would be utilized by the fire and emergency services division. The discussion centered on the bid acceptance process and the selection of Frankfort Toyota as the vendor for these specialized vehicles. The Toyota Sienna vans are intended to support the operational needs of the Division of Fire & Emergency Services, though specific details about the number of vehicles, total cost, or intended use were not detailed in the available materials. The resolution moved through the standard approval process during the meeting. Following the presentation and any discussion by the speakers, the body voted on the measure. **Outcome:** The resolution was approved, authorizing the acceptance of Frankfort Toyota's bid for the Toyota Sienna vans for the Division of Fire & Emergency Services. This approval allows the fire and emergency services division to proceed with acquiring the vehicles from the selected vendor, supporting their operational capacity and service delivery capabilities. --- ## Decisions - **0021-23** — passed (14-0): An Ordinance changing the zone from a High Density Apartment (R-4) zone to a Professional Office (P-1) zone, for property located at 203 E. Fourth St. - **0024-23** — passed (15-0): An Ordinance amending Articles 1-11 and others of the Zoning Ordinance to update and clarify open space standards. - **0001-23** — passed (15-0): A Resolution accepting the bid of Frankfort Toyota for Toyota Sienna Vans for the Division of Fire & Emergency Services. --- ## Full transcript Music Wait, I have a secret. Always. Thank you. Thank you. ¶¶ Thank you. Welcome, everyone. And call to order the Urban County Council meeting of January 31st, 2023. And if council will indulge for a moment, I'd like to go ahead and again open this official meeting with a moment of silence for Tyree Nichols. If we could do that. All right, we'll have just a quick moment of silence. Thank you. Now if you will please call the roll. Ms. Plumman? Ms. Reynolds? Mr. Savigny? Here. Thank you. Ms. Sheehan? Here. Mr. Worley? Yes ma'am. Vice Mayor Wu? Here. Mr. Fred Brown? Here. Mr. James Brown? Here. Mr. Ellinger? Yes, ma'am. Ms. Baxter? Here. Ms. Fogle? Present. Ms. Gray? Here. Ms. LeGree? Here. Ms. Lynch? Present. Ms. Menares? Here. Thank you. Thank you very much. We have a quorum. And so with that, I will welcome Pastor Ron Edmondson, who's from Manuel Baptist Church, and he will offer our invocation. Welcome. Thank you. Let's pray. God, we thank you for this city, Lexington, Kentucky, and for those who are elected or appointed or employed by the city to make life happen here. so much of the health and prosperity of the city depends on the actions that happen in this room. So I pray that you would bless these who serve and who serve well, keep us healthy and prosperous as a community and as a city, and we thank you with enthusiasm for what you're going to do even tonight. Amen. Thank you. Thank you very much. now council members first up if i could have a motion to approve the december 6th 2022 council meeting january 17th 2023 zone change hearing january 19th 2023 council meeting and the january 24th state of the city council address and i heard a motion from council member gray second Council member Ellinger seconds. Are there any questions? That's a lot of summaries, isn't it? All right. All those in favor, please say aye. Is anyone opposed? All right. That motion passes. And when you're ready, if you'll give second reading to ordinances, please. Yes, ma'am. ordinance number one an order changing the zone from a high density apartment our four zone to professional office p1 zone for 0.768 net 1.027 gross acres for property located 203 East 4th Street Elmwood Oz fund LLC council district 1 item 2 in ordinance amending articles 111 8 1k 8 2k 8 3k 4k 5k 8 6k 8 7k and 01, 8 8k and 01, 8 9k and 02, 8 10k and 8 11k and 04, 8 12k and 04 and 05, 8 13k, 8 14k, 8 15k and 01, 8 16k, 8 17k, 8 18k and M, 8 19k, 8 20k, 8 21k, 4 and k 5, 8 22k, 8 23k, 8 24k, and 0196 h and j 97c 10 8c 11 7 f 12 8 d 3 21 6 a 7 23 8 5 j 1 23 8 6 k 2 23 a 7 k 2 23 a 9 k 1 23 a 10 j 1 28 3 f 6 28 4 f 6 28 5 f 6 and h 6 deleting articles 8 10 0 3 and renumbering and amending article 810-04 deleting article 81502 deleting article 81602 and renumbering sections and creating article 20 open space standards of the zoning ordinance to update and clarify open space standards to more clearly align with the adopted comprehensive plan item three in ordinance amending articles 5157 768 7 and 8 76e and 7 8 of the zoning ordinance to update the zoning ordinance reflect organizational changes authorized by the urban county council related to to the zoning enforcement functions. Item four. In order to amend certain of the budget, the Lexingtonville Urban County Government to reflect current requirements for municipal expenditures and appropriating and re-preduring funds, fiscal year 2023, schedule number 27. Item five. In order to amend the unclassified civil service authorized by abolishing two unclassified positions of aid to council part-time, grade 518E, and creating one unclassified position to aid to council 518E in the office of the Urban County Council, effective upon passage of council. Item six. In order to amend the classified civil service authorized by abolishing one classified position one classified position of enforcement officer grade 516n and creating one classified position of environmental enforcement specialist grade 518 in the division of environmental services effective july 1 2022 and item 7 an article an ordinance amending the classified civil service authorized strength by abolishing one classified position of grants compliance officer grade 518n and creating one classified position of grains compliance officer senior grade 519 and the division of grants and special programs effective upon pass of council thank you thank you is there a motion to approve some over all right council member ellinger did i hear a second council member fogel all right when you're ready if you'll take a roll call vote please yes ma'am council member reynolds yes council member at civigny yes council member sheehan yes council member whirling madam clerk please have me reflected as recused on ordinance number one uh due to conflict of of interest from my law firm and yes on all the remaining. Vice Mayor Wu? Yes. Council Member Fred Brown? Yes. Council Member James Brown? Yes. Council Member Ellinger? Yes, ma'am. Council Member Baxter? Council Member Fogle? Yes. Council Member Gray? Yes. Council Member Legree? Yes. Council Member Lynch? Yes. And Council Member Menoros. Yes. Thank you. Thank you. Those items pass. And now when you're ready, if you'll do first reading of ordinances. Yes, ma'am. Please. An ordinance changing the zone from a high density apartment R4 zone to neighborhood business B1 zone and a light industrial I1 zone to industrial redevelopment planned unit development PUD3 zone for 27.087 net, 27.461 gross acres for property located at 125 Turner Commonsway and 1409 North Forbes Road, Turner Property for LLC Council District 11. Item nine. In ordinance amending certain of the budgets of Lexington Fair Urban County Government reflect current requirements for municipal expenditures and reappropriating funds fiscal year 2023, schedule number 28, and item 10. In ordinance amending article 43 of chapter two and section 2457 of the Lexington Fair Urban County Code of Ordinances to change the name of the commission provided therein to access Lexington Commission amending section 2458 of the code to increase the membership of the commission to 19 members by adding a member representing a public transportation agency and the director of building inspection or their designee and otherwise designating certain employees and officers of the urban county government as ex officio members amending section 2459 of the code to account for ex officio members in addition to council members and amending section 2463 to utilize more inclusive language all effective upon passage of council. Thank you. Thank you. Are there any walk-ons, council members? Are there any suspensions to give second reading to certain items? All right. I think we're ready to move on to second reading then of resolutions. Yes, ma'am. Item 1, a resolution accepted a bit of Frankfort Toyota in the item $93,930 for Toyota C in advance for the Division of Fire and Emergency Services and authorizing the mayor on behalf of the Airborne County Government to execute an agreement with Frankfurt Tour Eater related to the bid, item 2. A resolution accepting the bids of Abby Jones Consulting, PSC, GRW Engineers Incorporated and Fission Engineering LLC establishing price contracts for general surveying services for the Division of Water Quality, item 3. A resolution accepting the bid of HydroMax USA LLC in the amount of $155,404 for capacity assurance temporary flow monitoring for the Division of Water Quality and Authorizing the Mayor on behalf of the Airborne County Government to execute an agreement with HydroMax USA LLC related to the bid, item 4. A resolution exempted a bid of emergent coils LLC in the amount of $166,817 for HVAC York coils and fan boxes with the division of community corrections and authorizing mayor on behalf of Army Honeycomb to execute an agreement with emergent coils LLC related to the bid. Item 5. A resolution ratifying the permanent classified civil service appointments of Candace Long, administrative specialist, grade 5, 16, and 21.798 hourly in the division of revenue, effective January 11, 2023. Dana Miller, Staff Assistant Senior, Grade 511N, 18.067 Hourly in the Division of Revenue, effective January 18, 2023. Emily Bettram, Attorney, Grade 526E, 2761.25 Bi-weekly in the Department of Law, effective December 13, 2022. Jason Hernandez, Attorney, Grade 526E, 2761.25 Bi-weekly in the Department of Law, effective December 13, 2022. Sonia Blackburn, Paralegal, Grade 519N, 27.300 Hourly in the Department of Law, effective December 17, 2022. Abigail Kearns, Administrative Specialist Senior, Grade 518 and 25.725, Hourly in the Division of Parks and Recreation, effective December 6, 2022. Sarita Guy, Public Service Worker, Grade 508 and 15.861, Hourly in the Division of Parks and Recreation, effective November 9, 2022, and ratifying the unclassified civil service pay increase of the Office of the Urban County Council. Sarah Morales, Aid to Council, Grade 518E, from 2301.92 biweekly to 2384.61 biweekly, effective December 19, 2022. Item 6. A resolution authorizing, direct the mayor on behalf of urban county government to execute a volunteer income tax assistance, tax counseling for the elderly, partner sponsorship agreement, and any related documents for the provision of the 2023 VITATCE tax preparation assistance program at the Charles Young Center at a no cost to the urban county government. Item 7. A resolution authorizing, direct the mayor on behalf of urban county government to execute a contract with the Fayette County Public Schools for preschool education related services for the 2022-2023 academic school year at the Family Care Center at no cost to the urban county government. Item 8. A resolution authorizing the Mayor on behalf of our beginning to execute a memorandum of agreement with Bluegrass Community and Technical College for participation in the college courses at a cost not to exceed $60,000, item 9. A resolution authorizing the Mayor on behalf of our beginning to execute certificates of consideration and other necessary documents and to accept deeds for property interest needed for the Armstrong Mill Pump Station replacement, formerly known as the DeLong Road Pump Station, a remedial measures project required by the consent to create a cost not to exceed $651,200, item 10. A resolution authorizing the Director of the Mayor on behalf of Irving Kennegan to execute a release of utility easement releasing certain utility easements on property located at 2650-2660 Palumbo Drive, Item 11. A resolution authorizing the payment in the amount of $25,000 to the Commonwealth of Kentucky, Kentucky State Treasurer, and $25,000 to the U.S. Department of Justice as stipulated penalties under the consent decree. And the authorizing the Mayor on behalf of the Lexington Fair Irving Kennegan to execute any necessary documents related to the payment, Item 12. A resolution authorizing the division of emergency management to increase the contract with CavCom Incorporated, sole source provider, by $239.34 and authorizing the mayor on behalf of the urban county government to execute any necessary agreement with CavCom Incorporated related to the procurement. At the cost of the act that received $50,022.14, item 13. A resolution authorizing and direct the mayor on behalf of the Lexington Fit Urban County Government to accept a grant from the Consumer Product Safety Commission of $5,000 in federal funds in order to purchase supplies for fire safety and prevention project. The acceptance of which does not obligate the urban county government for the expenditure funds and authorizing to transfer funds within the grant budget. Item 14, a resolution of authorizing and directing the mayor on behalf of urban county government to execute a conditional commitment letter, an agreement with the Kentucky Infrastructure Authority to accept an award of $906,645 in federal funds under the Kentucky Cleaner Water Round 2, Grant American Rescue Plan Act funds for design and construction of water quality improvements on urban county government property and for a long drive. The exception of which does not obligate the urban county government to the expenditure funds and authorizing to transfer in the grant budget. Item 15, a resolution authorizing and directing mayor on behalf of every county government to execute a conditional commitment letter and agreement with the Kentucky Infrastructure Authority to accept an award of $1,345,000 in federal funds under the Kentucky Cleaner Water Round 2 Grant American Rescue Plan Act funds for design and construction of West Hickman Creek improvements on the urban county government's property at Veterans Park, the 7 which does not obligate the urban county government to the expenditure funds and authorizing mayor to transfer adequate funds within the grant budget. Item 16, a resolution authorizing and directing the mayor on behalf of Urban County to execute a conditional commitment letter in agreement with the Kentucky Infrastructure Authority to accept an award of $9,497,206 in federal funds under the Kentucky Cleaner Water Round 2 Grant American Rescue Plan Act funds for the consent decree project, the acceptance of 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 17, a resolution authorizing and directing the mayor on behalf of the urban county government to accept a grant of $21,025 in federal funds under the American Rescue Plan Act of 2021 awarded by the Kentucky Justice and Public Safety Cabinet for salary training and travel expenses for the Division of Police from November 1, 2022 through October 31, 2023. The exception to which does not allocate the urban county government to the expenditure funds and authorizing marriage transfer adequate funds within the Great Banjo. Item 18, a resolution authorizing and directing me on behalf of the Lexington-Fitt Urban County Government to execute professional services agreement with Miranda Beasley, Kristen Beers, Angela Begley, Anita Capillo, Megan Maxim, and Angela Wallace to serve as sexual assault nurse examiners on an on-call basis for the performance of forensic examinations in 2023 at a cost not to exceed $60,252. Item 19. A resolution authorizing and direct the mayor on behalf of every government to execute an institutional review board authorization agreement with the University of Kentucky Research Foundation related to the provision of evaluation services for the barrier-free re-entry and recovery initiative under the U.S. Department of Health and Human Services, Substance Abuse, and Mental Health Service Administration from the Consolidated Appropriations Act 2022, Item 20. A resolution authorizing and direct the mayor on behalf of every government to execute change order number one to the professional service agreement with Tetra Tech Incorporated for services related to the former Jack's Creek Park landfill improvement project at Raven Run Natural Sanctuary, increasing the contract price by the sum of $119,350 and raising the total car and truck price from $37,000 to $156,350, item 21. A resolution authorizing on behalf of Erwin Cuttingham to execute an agreement with Q-Free America by and through Traffic Control Product Incorporated, a sole source provider for the division of traffic engineering and authorizing for annual software maintenance of a computerized traffic control system at a cost that received $41,000, 10-22. A resolution authorizing the Director of the Mayor on behalf of the Urban County Government to accept a $500 grant from Kentucky American Waters Firefighting Support Grant Program for the purchase of personal protective equipment for the Division of Fire and Emergency Services, the exception which does not obligate the Urban County Government to the expenditure of funds, and authorizing the Mayor to transfer to undercover funds within the grant budget, item 23. A resolution authorizing the Director of the Mayor on behalf of the Urban County Government to execute an Amendment No. 1 to the agreement with the Kentucky Transportation Cabinet to accept additional terms and conditions of the FY23 for the FTA Section 5303 grant awarded for transportation planning activities under the Unified Planning Work Program, Item 24. I resolution authorizing Mayor to execute an agreement with the Cabinet for Health and Family Services accepting an additional $75,150 in federal funds for the Kentucky Opioid Response Effort, the acceptance of which does not obligate the Urban County Government to the expenditure of funds and authorizing Mayor to execute any necessary amendments related to the use of these funds and authorizing major change for undercover funds within the grant, with the grant budget established for this grant, item 25. Of resolution and authorizing the director of the mayor on behalf of Urban County to accept a grant for the Kentucky Energy and Environment Cabinet in the amount of $162,976.50 for the continuation of the litter abatement grant funding program for Fayette County, the exception which does not obligate the Urban County Government to the expenditure of funds and authorizing the mayor to execute any necessary agreement with the Kentucky Energy and Environment Cabinet related to this grant and further authorizing the mayor to transfer undercover funds within the grant budget. Item 26, a resolution and authorizing to direct the mayor on behalf of urban county government to execute an agreement with the Kentucky Transportation Cabinet to accept a grant of $25,120 in federal funds from the Kentucky Transportation Cabinet Service Transportation Alternative Program, TAP, for the right of way phase of the Citation Trail Phase 2 project, which obligates the urban county government to the expenditure of $6,280 for the local match and authorizing the mayor to transfer out of cover funds within the grant budget. Item 27, a resolution and authorizing the mayor on behalf of urban county government to execute all documents necessary for the purchase of temporary construction easements for the right-of-way phase of citation trail phase two project at a total cost not to exceed 31,400 item 28. I was just an authorizing director on behalf of Herb County Government to execute a grant application to Kentucky Divisional Water and to provide any additional information request in connection with its grant application which seeks 320,000 dollars in commonwealth of Kentucky funds under the 2023 section 319H grant program for the Wolf Run watershed project for the Division of Environmental Services, Environmental Quality and Public Works, item 29. A resolution authorizing director of the mayor on behalf of every county government to execute change order number five, the agreement with PACE contracting for the Town Bridge Commons Corridor Construction Project, increasing the contract price by $160,969.18 and raising the total contract price from $22,097,518.78 to $22,258,487.96, pending approval from the Kentucky Transportation Cabinet, item 30. A resolution authorizing director of the mayor on behalf of every county government to execute an amendment to the agreement with AVOL, Kentucky Incorporated under the Home Investment Partnership Program to extend the performance period through September 30, 2023. Item 31. A resolution authorizing the director of Mary on behalf of Urban County Government to execute and submit a grant application to the U.S. Department of Homeland Security to provide any additional information requested in connection with this grant application and to accept this grant if awarded, which grant funds are on the amount of $1 million in federal funds in the 2022 Assistance to Firefighters Grant Program to host a paramedic training course, the exception which obligates the Urban County Government to the expenditure of $100,000 as as a local match, and authorizing the way to transfer etiquette for funds within the grant budget. And item 32, a resolution authorizing and direct the mayor on behalf of the beginning to execute agreement related to neighborhood development funds for the 16th district PTA Incorporated care of Garrett Morgan Elementary School 250 and Bluegrass Tomorrow Incorporated $500 for the office of the Urban County Council at a cost match received as some stated. Thank you. Thank you. Could I have a motion to approve please? All right, who was the motioner? Council Member Baxter and second, Council Member Legree. When you're ready, if you'll take a roll call vote. Council Member Reynolds. Yes. Council Member Savigny. Yes. Council Member Sheehan. Yes. Council Member Worley. Yes, ma'am. Vice Mayor Wu. Yes. Council Member Fred Brown. Yes. Council member James Brown? Yes. Council member Ellinger? Yes, ma'am. Council member Baxter? Yes, ma'am. Council member Fogel? Yes. Council member Gray? Yes. Council member Legree? Yes. Council member Lynch? Yes. And council member Menares? Yes. Thank you. Thank you, those all pass. Now we're ready for first reading of resolutions. Okay. Item 33, a resolution authorizing mayor on behalf of Irving County to execute an agreement with Maveron Incorporated Vissal Social Provider for the Division of Facilities and Fleet Management for three pairs in our transport van inserts at a cost and our receipt $117,309.60. Item 34, a resolution authorizing director mayor on behalf of Irving County to donate three chainsaws and a walk behind concrete saw to Letcher County Road Department for rehabilitation from flood damage. Item 35, a resolution authorizing director mayor on behalf of Irving County to remit $21,460 to Lex Arts Incorporated. as reimbursement for costs related to the commission art panel installation at Isaac Murphy Memorial Art Garden, item 36. A resolution establishing Henry P. Thompson Company as a social provider for burger replacement pumps for the Division of Water Quality and Authorizing Mayor or her designated on behalf of the Urban County Government to execute you and a necessary agreement with Henry H.P. Thompson Company related to the procurement of these goods at a cost not to receive $46,243.14, item 37. A resolution authorizing Director Mayor on behalf of Urban County Government to accept a grant of $106,597.90 in federal funds from the Kentucky Department of Military Affairs, Division of Emergency Management under the FY 2023 Emergency Management Assistance Program for the Division of Emergency Management in order to support emergency preparedness activities in Fayette County. The exception which obligates the Urban County Government for the expenditure of $119,195 as a local match and authorizing marriage returns for out of comfort funds within the grant budget. Item 38. A resolution authorizing and direct demand on behalf of the government to execute an amendment to the agreement with new Vista of the Bluegrass to amend the budget and extend the performance period through April 1, 2023, and further authorizing the mayor to execute any other necessary amendment with new Vista of the Bluegrass related to this agreement, item 39. A resolution authorizing direct the mayor on behalf of the government to execute professional services agreement with Element Design PLLC for design services for the Oliver Lewis Way Bus Shelter at a cost of electricity $32,600, item 40. A resolution authorizing the director of the mayor on behalf of Irving County Government to execute an agreement with the Kentucky Transportation Cabinet in order to accept a grant from the Cabinet and the Lexington Area Metropolitan Planning Organization, MPO, which grant funds are in the amount of $120,000 in service transportation block grant Lexington STBGSLX. Federal funds for the Virginia Red Mile Forbes Trail Connectivity Safety Study as part of the MPO's FY 2021-2024 transportation improvement program. The section which obligates the urban county government to the expenditure of $30,000 as a local match and authorizing the mayor to execute an agreement with the University of Kentucky to contribute $15,000 towards this match requirement and authorizing the mayor to transfer etiquette refunds within the grant budget. Item 41, a resolution and authorizing the mayor on behalf of urban county government to execute an amendment to the agreement with Stonewall Terrace LLC under the Home Investment Partnership Program to provide Stonewall Terrace LLC may give a preference to low-income households who are living with HIV, AIDS, and further authorizing the mayor to execute any necessary amendment related to this agreement. Item 42. A resolution authorizing and directing me on behalf of urban county government to execute agreements related to neighborhood development funds with Pensacola Park Neighborhood Association LLC 1500 and a carrying place incorporated $500 for the office of the urban county council to cost not to receive the sum stated. Item 43. A resolution accepting memorandum of agreement between Lexington Fair urban county government and the fraternal order of police town branch lodge 83 representing the corrections officers sergeants and the division of community corrections to increase base pay and address retention issues. Item 44. A resolution accepting a bid of sealer instrument manufacturing company incorporated in the in the amount of $44,307.05 for FSU Trimble X7 scanner for the division of police. And authorizing the mayor on behalf of the Airbagian government to execute an agreement with the Steeler Instrument and Manufacturing Company Incorporated related to the bid, item 45. A resolution extended a bid of Todd Johnson Contracting Incorporated in the amount of $155,195.24 for the Dorode Street Main Hall Project for the Division of Water Quality and authorizing the mayor on behalf of the Airbagian government to execute an agreement with Todd Johnson Contracting Incorporated related to the bid, item 46. A resolution extending a bid of Seagrave Fire Apparitus LLC in the amount of $1,642,608 for a ladder truck for the Division of Fire and Emergency Management. And authorizing on behalf of the Urban County Government to execute an agreement with Seagrave Fire Apparitus LLC related to the bin. Item 47, a resolution ratifying the permanent classified civil service appointments of Michael Sexton, accounting's technician, grade 509 and 16.312, hourly in the Division of Accounting, affected January 18, 2023, Charles Serer, engineering technician, grade 15 and $21 hourly in the division of engineering, effective December 13, 2022. Eric Howard, Deputy Director of Human Resources, Grade 531E, 4332.32, biweekly division of human resources, effective February 1, 2023. Brian Estes, administrative specialist, Grade 516N, 22.211, hourly in the division of facilities and fleet management, effective February 1, 2023. William Wood, project manager, Grade 520N, 26.780, hourly in the division of facilities and fleet management, effective February 1, 2023. Rachel Lay, staff assistant senior grade 511 and 17.073 hourly in the division of planning effective January 18, 2023, item 48. Resolution authorizing the mayor on behalf of every county government to execute an addendum to the agreement with industrial organization solution incorporated to provide continued services for police sergeants and police lieutenants promotional processes. For the Lexington division of police at a cost of $75,953, item 49. Resolution authorizing the mayor on behalf of Eric Gennigam to accept settlement funds in the amount of $2,891,826.38, reflecting total disbursements from Johnson & Johnson, and the first disbursement from McKenson, Mayor Sorsbergen, and Cardinal Health, pursuant to the one Kentucky opioid settlement memorandum of understanding related to a multi-district opioid litigation, and further authorizing the mayor to execute any necessary documents related to the acceptance of these funds. Item 50. Resolution authorizing the mayor on behalf of Eric Gennigam to execute the fourth renewal of agreement with advanced mulching technologies incorporated via eco-growth for post construction monitoring reporting and maintenance related to the cold stream part stream corridor restoration preservation project a supplemental environmental project required by the consent decree and a cost not to receive $59,397.751. A resolution authorizing director on behalf of every county government to donate a 2004 Toro Z master mower in 2016-2017 still chainsaws to eastern Kentucky flood relief. Item 52. A resolution authorizing director on behalf of every county government to accept a a donation from Orange Theory Fitness of a free motion treadmill for use of the Division of Police at no cost to the Urban County Government, item 53. Resolution authorizing Director Mayer on behalf of Urban County Government to execute a professional services agreement or pursuant to RFP number 68-2022 with Gresham Smith to perform corridor typology, study, and strategic design guide for the Division of Environmental Services at a cost not to exceed $150,000, item 54. Resolution authorizing Director Mayer on behalf of Urban County Government to execute an agreement with the University of Kentucky in order to provide $500,000 for the expansion of the Visitor Center at the Arboretum, item 55. A resolution authorizing direct the man on behalf of the government to execute an agreement with the Kentucky Office of Homeland Security for the acceptance of grant in the amount of $447,898 in federal funds under the FY2022 State Homeland Security Grant Program for the Division of Police in order to purchase and install an MX10 thermal imaging camera system, the exception which doesn't obligate the Erbicone government to the expenditure funds and authorizing the man to transfer undercover funds within the grant budget. A resolution authorizing directly on behalf of the government to execute an agreement with the Kentucky Office of Homeland Security for acceptance of a grant in the amount of $164,422 in federal funds in the FY2022 state homeland security grant program for the division of police in order to purchase utility terrain vehicle and an explosive chemical analyzer, the extent of which does not obligate the urban county government to the expenditure funds and authorizing the mayor to transfer other group of funds within grant budget, item 57. A resolution authorizing directly on behalf of Irving County Government to execute an agreement with the Kentucky Office of Homeland Security for acceptance of a grant in the amount of $39,840 in federal funds and the FY2022 state homeland security program, grant program for the division of fire and emergency services in order to purchase a utility, terrain, vehicle, and trailer, the acceptance of which does not obligate the Irving County Government for the expenditure funds and authorizing major transfer out of cover funds within the grant budget, item 58. I was just an authorizing directly on behalf of the urban county government accepted a grant award of $50,000 from the Bluegrass Community Foundation for the installation of a permanent educational element for splash at Charles Young Park, the acceptance of which does not obligate the urban county government to the expenditure of funds and authorizing me to transfer undercover funds within the grant budget. Item 59, a resolution and authorizing and direct the mayor on behalf of Urban County Government to accept a grant award of $20,000 from Friends of Park of the Park of Fayette County, awarded by the American Water Charitable Fund in 2021 for the fabrication and installation of educational signs along Town Branch Commons educational walking trail, the acceptance of which does not obligate the Urban County Government to the expenditure of funds, and authorizing mayor to transfer undercourt funds within the grant budget. Item 60, resolution authorizing the mayor on behalf of the urban county government to execute an agreement with benefit insurance marketing to comply with the HIPAA regulations and security rules at no cost to the urban county government. Item 61, resolution authorizing the mayor on behalf of the urban county government to execute agreements related to the neighborhood development funds with Sisters Road to Freedom Incorporated, 675, Bluegrass Families First Incorporated, 1,225, 16th District PTA Incorporated, care of Brenda Cowan Elementary 1000 and East End Community Development Corporation $700 for the office of therapy and getting as a cost fund to receive the sum stated in item 62. A resolution authorizing and direct them to me on behalf of every county and government to execute any agreement related to the settlement of the national opioid litigation and related bankruptcy proceedings filed by the defendants to that litigation in order to receive funds arising from those proceedings and or to address any other matters related to the litigation. Thank you. Thank you very much. Are there any walk ons? Oh, you're fine. Council Member Reynolds, yours is not a walk-on, correct? Okay. All right. So then we'll go to suspensions for second reading. Council Member Reynolds. Thank you, Mayor. I move to suspend the rules and give second reading to item 43, a resolution accepting amendor of agreement between the Lexington Fay Urban County Government and the Fraternal the General Order of Police Town Branch Lodge number 83, representing the corrections officers and sergeants of the Division of Community Corrections to increase base pay and address retention issues. So moved. Is there a second? Council Member Worley seconds. Any questions? All those in favor of giving second reading, say aye. Aye. Is anyone opposed? All right. Did you have anything else? Okay, Council Member Savigny. Thank you, Mayor. Move to suspend the rules and give second reading to item number 42 on NDF funds. Second. All right, and Council Member Ellinger seconds. Presumably that is because you want them paid out pretty soon. Yes, ma'am. All right. Any questions? All those in favor say aye. Aye. Is anyone opposed? All right, that passes. and Vice Mayor Wu. Thank you, Mayor. I have two items. I move to suspend rules to give second reading to item number 61. That one also has to do with NDF funds so we can get folks paid in time. Okay. Is there a second? Second. Council Member James Brown, any questions? All those in favor, say aye. Aye. Is anyone opposed? All right, that passes. And then I have one more. I move to suspend rules and give second reading to item number 62. This is the item about executing agreements related to settlement of national opioid legislation, just so we can get moving on things since those payments are going to start coming fast and furious. Thank you. Is there a second? Second. Council Member Reynolds seconds. Any questions? All those in favor say aye. Aye. Is anyone opposed? All right, that passes. Are there any other motions to suspend the rules? All right, we have 42, 43, 61, and 62. Okay, when you are ready, if you'll give those second reading, please. Ma'am. Item 42, a resolution authorizing the mayor on behalf of your Brink-Onton government to execute agreements related to neighborhood development funds with Pensacola Park Neighborhood Association LLC $1500 and the Caring Place Incorporated $500 for the office of the Urban County Council at a cost that see this unstated. Item 43, a resolution accepting a memorandum of agreement between the Lexington Fair Urban County Government and the Fraternal Order of Police Town Branch Lodge 83 representing the Corrections Officers and Sergeants in the Division of Community Corrections to increase pay and address retention issues. Item 61, a resolution authorizing directing the Mayor on behalf of the urban county government to execute agreements related to neighborhood development funds with Sisters Road to Freedom Incorporated, 675 Bluegrass Families First Incorporated, 1,225-16 District PTA Incorporated, Carabin-Elementary, 1,000, and East End Community Development Corporation, $700 for the office of the urban county council at a cost not to exceed the sum stated. At item 62, a resolution authorizing and directing the mayor on behalf of the urban county government to execute any agreement related to the settlement of the national opioid litigation or related to bankruptcy proceedings filed by any defendants to that litigation in order to receive funds arising from those proceedings or to address any other matters related to the litigation. Thank you. Thank you. Is there a motion to approve? So moved. Council Member Worley moves. Council Member Gray seconds. And when you're ready, if you'll take a roll call vote, please. Council Member Reynolds? Yes. Council Member Savigny? Yes. Council Member Sheehan? Yes. Council Member Worley? Yes, ma'am. Vice Mayor Wu? Yes. Council Member Fred Brown? Yes. Council Member James Brown? Yes. Council Member Ellinger? Yes, ma'am. Council Member Baxter? Yes, ma'am. Council Member Fogle? Yes. Council Member Gray? Yes. Council Member Legree? Yes. Council Member Lynch? Yes. And Council Member Menares? Yes. Thank you. Thank you. Those all pass. Council members, you'll see the communications price contracts. I'll need a motion to approve. So moved. Council member Fogle moves and council member Sheehan seconds. Are there any questions? All those in favor, please say aye. Aye. Is anyone opposed? All right, that motion passes. The next item is for your information only, communications from the mayor, and these are personnel appointments, et cetera. And then the only other thing I'd like to say in my report is to offer a deep thanks and congratulations to our county clerk, Don Blevins, Jr. Today is his last day in office, and we were council members together and went through all the sewer stuff for the consent decree. It doesn't sound like a big deal, but it was. And so I just appreciate his service to the community. Thank you. We have no police or fire discipline, and so, Council Members, it's time for your announcements. If you'll log in, please. Council Member Fred Brown. Thank you, Mayor. Mayor, just have one announcement. We have a water quality stakeholder meeting regarding sewer construction project on Green Tree Road in the 8th District. That's Monday at February 6, 6 PM, and that'll be held at Tates Creek High School. Thank you. Thank you. Vice Mayor Wu. Thank you, Mayor. I just wanted to point some folks, I guess the public, to a resource that we have at our city government website. Lexingtonky.gov slash ARPA, A-R-P-A. As we've all known in the last couple of years, we allocated a whole bunch of money, about $121 million worth. And that's a great website and a resource to find out how things are going, basically, where our progress is. We are making some really good progress on a lot of these projects. So it's just a great place to find some stuff out about how we're spending all this federal money. Thank you. Thank you. Councilmember Sevigny. Thank you, Mayor. I just wanted to say we have a informational meeting with neighbors and planning staff about a proposed cell tower that is proposed to be on the corner of Fort Harrods and Manowar. And that will be on Thursday at 530. Councilmember Baxter and myself will be doing that with the planning staff. And it'll go for about an hour or so at the Beaumont Library. Thank you. Thank you. Councilmember Fogle. Thank you, Mayor. I love this part of the council meeting. Tomorrow starts Black History Month. And throughout the month of February, during our work session and council meeting, I will be announcing and I will be honored to call up students from the first district who will be honoring some of Lexington's black history pioneers. We will also be honoring teachers in our district. And I am honored to announce that the students and the staff at Veterans Park Elementary, on Friday I will be a presenter for the Black History Month, and that's in the 12th district. And I am so honored that they chose me to come out and present. So that's my announcement from the first district. Very nice. Councilmember Gray. Hello there everyone. I too will be at Veterans Park Elementary on Friday as a speaker on behalf of the month of Black History Month, February. Also this Saturday I will be presenting the award to Fayette County Public Schools and the American Water Science Fair, which is located at Frederick Douglass High School, which is located proudly in the 6th District. That is all. Very nice, thank you. Any other council announcements? All right, now it's time for public comment, and we have two people signed up, and the The way this works is that the council has a three minute limit for each person and they do not extend the time. And so when I call your name, you'll come to the podium and state your name and your council district for the record. And you'll have those three minutes. So first is Dottie Bean. Welcome. Council members, we have been informally told, I'm sorry, my name is Dottie Bean, 8th District. We have been informally told that you have decided not to take public comment at committee meetings anymore. That is the very place that conversations with the public about government programs, policies, and spending should originate. So, everyone's ideas and concerns can be heard. We now hear that denying public comment will be the policy in Councilmember James Brown's Budget Committee, and we have not confirmed whether all committees have agreed to eliminate this important function of their public jobs. We would like to add, ask, when all committees have decided this issue, that a vote of the full council be taken at a formal council meeting before any more public discussion is silenced in this way. We also do not like that our Council members are being limited to five minutes for their comments at regular meetings. This is a dangerous precedent to set and puts all the advantage of public disclosure in the hands of the administration and makes it easier to muffle dissenting voices. We would like to see the ideas of limiting council comment as well as silencing the public at all levels of this government put in a committee of the full council and advertised for public comment then brought forward for a full council vote and voted on in public with a roll call vote taken. It cannot, I cannot recall these kinds of limits on public comment being imposed by this government during the last 40 years. Thank you. Next on the list is Josh Buckman. Welcome. Yes, my name is Josh Buckman. I'm in Council District 6. I am a medical social worker for a dialysis provider. For those unfamiliar with dialysis, it is a treatment for end-stage renal disease, which occurs when the kidneys are no longer functioning on a permanent basis. Patients are typically required to do dialysis three times per week for four hours in a specific dialysis clinic. Because many of our patients aren't well enough to drive to treatment, many rely on Wheels Paratransit system operated by LexTran to take them to treatment, as well as sometimes doctor's visits and other necessary services. I have often had to set up my patients with wheels, and to do that you're supposed to go through wheels contracts, a third-party service called ADA Rides to process the ride service. ADA Rides has a 21-day process to review all applicants. And now, you know, if they don't have the dial, if they're not approved, you know, they have to have dialysis basically every other day. Now, wheels can arrange it so they can get dialysis or get transportation during that period while it's being reviewed by ADA rides. But if the person who is authorized to do that at wheels is not there, then it's kind of tough luck for my patient. They have to find another alternative. On top of that, maybe a patient had been registered for wheels in the past, but there's a one-year membership, and it has to be renewed. And if they didn't know they didn't renew it, then they have to go through a renewal process that is very complicated. I've talked to wheels about that, or ADA rides about that. and what they have to do, what ADA rides typically does is mail them a form, which that can take weeks. I've talked to ADA rides about what are they supposed to do, and I've had ADA rides tell me, well, they're not really sure what to do or that it's not really a big deal. And I have told them that if these patients don't come to dialysis, they they could die um sometimes and ada rides is not it's something that sometimes doesn't seem to they just don't seem to understand that i also work in winchester where kentucky river foothills takes them to dialysis they do not use ada rides they use they go through through Medicare services, and it is very easy for patients to arrange a ride that way. Thank you. Thank you very much. Okay. That brings us to the end of our agenda. If I could entertain a motion to adjourn, please. Thank you. There were several seconds. All those in favor, say aye. Aye. We are adjourned. And thank you very much to everyone. If you looked in my eyes, would you see what's inside? Would you even care?