# Urban County Council - September 14, 2023 > Auto-transcribed civic record · September 14, 2023 - **Permalink**: https://meetings.lexingtonky.news/meeting/5911 - **Source video**: https://lfucg.granicus.com/player/clip/5911?view_id=14&redirect=true - **Date**: 2023-09-14 - **Last revised**: September 14, 2023 - **Length**: 7,130 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 September 14, 2023, at 6:00 PM in the Council Chambers in Lexington, Kentucky, with Mayor Gorton presiding. The meeting addressed two main agenda items, both of which were approved by the council. The session included two formal votes and heard one public comment from community members. The council successfully approved a proclamation for Altrusa Awareness Day and a zone change for Flora Fina Street, completing all items on the agenda for the evening. ## Attendance **Present:** Wu, F. Brown, J. Brown, Ellinger, LeGris, Lynch, Monarrez, Plomin, Reynolds, Sevigny, Sheehan, Worley **Absent:** Elliott, Baxter, Fogle, Gray **Late:** Worley Twelve members were present for the September 14, 2023 meeting, with four members absent and one member arriving late. ## Votes and Decisions The council took action on two items during the September 14, 2023 meeting, with both measures passing unanimously. **Ordinance 0848-23** [timestamp: 01:00] The council voted on an ordinance changing the zoning from Professional Office (P-1) to Commercial Center (B-6P) for property located at 2717 Flora Fina Street. Council member Ellinger made the motion, which was seconded by Sevigny. The ordinance passed by roll call vote with 12 ayes and 0 nays. All council members voted in favor: Wu, F. Brown, J. Brown, Ellinger, LeGris, Lynch, Monarrez, Plomin, Reynolds, Sevigny, Sheehan, and Worley. **Resolution 0828-23** [timestamp: 03:00] The council considered a resolution accepting the bid from Pro Air Midwest, LLC for a breathing air compressor for mobile use. Wu made the motion, with LeGris providing the second. The resolution passed unanimously by roll call vote with 12 ayes and 0 nays. The same twelve council members voted in favor: Wu, F. Brown, J. Brown, Ellinger, LeGris, Lynch, Monarrez, Plomin, Reynolds, Sevigny, Sheehan, and Worley. Both votes demonstrated unanimous support from all present council members, with no abstentions recorded for either item. ## Budget and Financial Actions The meeting addressed two significant contract approvals totaling $175,536 in expenditures. **Emergency Equipment Purchase** The council approved Resolution 0828-23, authorizing a $57,000 contract with Pro Air Midwest, LLC for a breathing air compressor designed for mobile use. This equipment purchase represents a substantial investment in emergency response capabilities. **Environmental Monitoring Services** Resolution 0796-23 was approved, establishing a $118,536 contract with ADS Environmental Services (ADS, LLC) for sewer overflow monitoring and reporting services. This contract represents the larger of the two financial commitments and focuses on environmental compliance and infrastructure monitoring. The combined financial impact of these two resolutions totals $175,536 in new contractual obligations for the municipality. ## Public Comment During the public comment period, one resident addressed the council regarding a zoning matter. **Scarlet Divine** spoke in support of Ordinance 0910-23, which appears to involve amending a zoning ordinance [timestamp: 06:00]. Divine emphasized that the neighborhood supports the proposed changes and noted that an old fence mentioned in the ordinance is no longer relevant due to the installation of a new sound barrier in the area. No other members of the public provided comments during this portion of the meeting. ## Appointments The meeting included one appointment action during the proceedings. Clarence McCoy was appointed to the position of Public Service Worker Sr. The appointment was processed as part of the meeting's personnel actions. No additional details regarding the appointment terms, duration, or specific responsibilities were provided in the available meeting materials. ## Contested Items The meeting featured one contested item that generated community opposition and discussion among attendees. **Zoning Ordinance 0910-23 - Fencing Amendment** The primary point of contention during the meeting centered on Zoning Ordinance 0910-23, which involved an amendment to existing zoning regulations related to fencing requirements. The disagreement arose from community members who opposed specific provisions within the ordinance that would result in the removal of existing fencing. Several homeowners attended the meeting to voice their concerns about the proposed changes to the fencing ordinance. The opposition focused specifically on provisions that would require the removal of certain fences, which residents argued would negatively impact their properties. Community members expressed disagreement with the municipality's approach to fence regulation and the potential mandate to remove existing structures. The nature of the opposition appeared to stem from property owners' concerns about how the zoning changes would affect their individual properties and neighborhoods. Residents who spoke against the ordinance indicated that the fence removal requirements would create hardships or unwanted changes to their current property configurations. The extracted data does not indicate the final outcome or resolution of this contested item, suggesting that the matter may have required additional discussion, been tabled for future consideration, or remained unresolved at the conclusion of this particular meeting session. This zoning ordinance represented the sole contentious issue identified during the September 14, 2023 meeting, with community opposition being the primary form of resistance to the proposed municipal action. ## Altrusa Awareness Day [timestamp: 02:00] Mayor Gorton proclaimed September 19, 2023, as Altrusa Awareness Day in Lexington through agenda item 0911-23. The proclamation recognized Altrusa International's centennial milestone of 100 years of service to communities. Valerie Dutcher participated in the presentation alongside Mayor Gorton to accept the proclamation on behalf of the organization. The proclamation highlighted Altrusa's century-long commitment to community service and civic engagement. The proclamation was approved without discussion or opposition from the council. ## Zone Change for Flora Fina St. The council considered Ordinance 0848-23, which proposed changing the zoning designation for property located at 2717 Flora Fina St. from a Professional Office zone to a Commercial Center zone [timestamp: 01:00]. The ordinance was presented to allow for expanded commercial uses at the Flora Fina Street location. The current Professional Office zoning limits the types of businesses and activities permitted on the property, while the proposed Commercial Center designation would provide greater flexibility for retail and commercial operations. Key speakers during the discussion included council members Ellinger and Sevigny, who addressed various aspects of the zoning change proposal. The speakers discussed the implications of transitioning from the more restrictive Professional Office classification to the broader Commercial Center zoning category. The council ultimately approved Ordinance 0848-23, authorizing the zone change for 2717 Flora Fina St. This approval will allow the property owner to pursue commercial development opportunities that align with the Commercial Center zoning requirements and permitted uses. The zoning change represents a shift in the intended use character for this particular area, moving from office-focused development to a more diverse commercial environment that could accommodate retail establishments and other commercial enterprises permitted under Commercial Center zoning regulations. --- ## Decisions - **Ordinance 0848-23** — passed (12-0): An Ordinance changing the zone from a Professional Office (P-1) zone to a Commercial Center (B-6P) zone, for property located at 2717 Flora Fina St. - **Resolution 0828-23** — passed (12-0): A Resolution accepting the bid of Pro Air Midwest, LLC, for Breathing Air Compressor for mobile use. --- ## Full transcript Vice Mayor Wu? Here. Councilmember Fred Brown? Here. Councilmember James Brown? Here. Councilmember Ellinger? Yes, ma'am. Councilmember Baxter? Councilmember Fogel? Councilmember Gray? Councilmember Gray? Councilmember Legree? Here. Councilmember Lynch? Present. Councilmember Menares? Here. Councilmember Plowman? Here. Councilmember Reynolds? Here. Councilmember Sevigny? Here. Councilmember Sheehan? Here. And Councilmember Worley? All right, thank you. We do have a quorum. So, Council Member Fred Brown has asked to introduce our major, who's going to give our invocation tonight. Council Member Brown. Thank you, Mayor. Yes, it's my pleasure to introduce our new officers at the Salvation Army, fairly new, Major Asit George and his wife, Sinatra if you all will come to the podium there and I would like for you at least tell us something about the Salvation Army I think most of the council members already know that but what the goal is and the Salvation Army is a big part of Lexington has been for years and years and they're very viable in this community and helping a lot of underprivileged people so major welcome Thank you, Councilmember Brown, Mayor Gorton, Councilmembers, ladies and gentlemen, Boy Scouts. It's so great to see you all. It's our privilege to be here, Major Sunetra and myself. We've been officers in the Salvation Army for 33 years, having served in several states in the eastern part of our country. We've also served abroad on behalf of the Salvation Army in the USA. We were recently in Myanmar until we were kicked out because of the military coup. And we were then stationed in Singapore for a couple of years, but there was a greater need in Lexington, Kentucky. So we've been here now for six months and enjoying the hospitality and the beauty of this part of the world and this country. The Savetian Army in Lexington has been here for more than 100 years. and we're grateful for the blessings of the Lord our God as well as the support of the community. You will know that our church is located on 736 West Main Street. And on that location, we have a boys and girls club that this past summer had 60 children, boys and girls, who were taken care of. We also have a daycare center for 40 children, infants, six weeks to three years. If there are people in the lodge, the women at the lodge who are given residency over there for as long as they want to, and they have an interview or they have an outing they need to go to, their children are kept at the daycare. But also people from the community can keep their children at the daycare. We have 156 women plus children at the lodge at present. And as I told you, we have the other programs as well. In addition, during Thanksgiving, we will be serving at least 800 plus dinners on Thanksgiving day at least. And then during Christmas, we will serve 4,000 children with toys, clothing, bicycle, and many other things. and we will simultaneously be helping at least a thousand families with vouchers for food etc we're grateful by god's grace to have music programs in our church for all ages in case anybody's interested in learning brass band music you're more than welcome to join us my wife is an alto horn player and so you're welcome to join our band band of omega 30 people and learn music it's for free we also have children's programs women's programs men's programs so these are the various things that take place at the salvation i mean once again on behalf of the army we're so very grateful to be here and to serve those in need as well as any others who are interested in coming let us pray Amen. Eternal God, our loving shepherd, we come in your presence and we bow down before you. We're grateful to acknowledge you in our lives and thankful for your grace and your mercies. We praise you for the blessings you give to us, both seen and unseen. We're grateful for our country. We're grateful for our community, our family and friends, and grateful for the freedoms that we have. As we have remembered the memory of 9-11, where many of us served, we are mindful of the freedom and the cost at which it comes to us. And we pray that we will celebrate and honor those who have died for the liberty of our country, those who continue to serve abroad as well as here. and we pray for their loved ones and their families that you bless each and every one of them as well. Bless our first responders. Bless our mayor, all our council members, and we pray that as citizens of Lexington, we will proudly serve in the various capacities we have as working people as well as retired people, as students and college students to work for the betterment of our society. We praise you for your kindness. We praise you for your blessings. And as we participate in dialoguing just now, as we discuss the issues that are relevant today, bless our discussion. We pray all of this in the mighty name of our Lord and Savior, Jesus our Christ. Amen. Thank you very much, Major George. At this time, we have one proclamation. I'll ask Valerie Dutcher to join me at the podium. I'll also ask Rebecca Mercier. Did I? I have other past presidents here as well. Oh, okay. How many do they have? The other four here. Okay, we seem to have some other past presidents of Altruso with us. Would you like to join us? Certainly, of course. Thank you. Okay. Altruza, the first community service organization in the world for professional women, is celebrating its 100th year of service this year in Lexington. I want to introduce Valerie Dutcher, the current president of Altruza of Lexington, and Rebecca Mercier, a past president and organizer of the Centennial Celebration, as well as several other former Altruza presidents. Thank you all for being here tonight. Altruza is all about serving the community. Members are dedicated to the betterment of women and children in our community. My grandmother was an altruza. Oh, that's wonderful. Yes. It was Eleanor Roosevelt. Oh, okay. The club dedicates its time and efforts to projects that meet the needs of our community. Altruza's motto is patriotism, efficiency, service. Valerie, I want to thank you and your entire team for your commitment and compassion. Many congratulations on the wonderful achievement of celebrating 100 years of service. And at this time, I would like to present you with a proclamation. And here's how it goes. Whereas Altruza, the first community service organization in the world for professional women, was established April 11, 1917. and whereas Altruza of Lexington was founded on September 19, 1923 and has served our community for 100 years, and whereas Altruza has worked for the betterment of women, children, and their communities here in Lexington and around the world, and whereas members of the Lexington Altruza Club and members of all other Altruza Clubs around the world are dedicated to fostering and providing varied opportunities to make their communities better places to live, and whereas Altruza's motto is patriotism, efficiency, service, Now, therefore, I, Linda Gorton, Mayor of Lexington, do hereby declare September 19, 2023, Altruza Awareness Day in Lexington. Thank you so much for your service. Thank you. Thank you. Thank you. Would you like to say a few words? Thank you so much. Yes. All right. Valerie? Good evening. Thank you for this opportunity. It's a great honor to be here. We are a service-based organization, and our focus is primarily on literacy and community service. We have 55 women who are equally committed and passionate about serving others in the community, and we range in the type of people we support in terms of age, from people at One Parent Scholar House, those families, to Breckenridge Elementary School, to our wonderful veterans at Thompson Hood, to the women at New Opportunity School for Women in Berea. Those are just some of the places that we work with and support through the year. The other thing that we did that I want to share tonight leading up to our 100th anniversary, and Becky, this was really her project, we offered 100 acts of kindness to local charities from January through September. So just a few of those examples to give you an idea. In January, when the Catholic Action Center needed food for the homeless during that cold snap, we brought 100 sandwiches. In February, we took 200 valentines and candies to the veterans at Thompson Hood. In March, we took 100 cookies to Sarah Christian for their bingo event with their seniors. And there were other months, but this month in particular, we went overboard because it was our anniversary month. We're taking 350 undergarments to Greenhouse 17 for victims of domestic abuse. So we've really taken this time to not only offer 100 acts of kindness on behalf of the club, but we had a poster where we also individually committed to 100 acts of individual kindness during this time. And I think we can all agree the world needs a lot of kindness right now. But we're very happy to do that. We're very proud and pleased of our 100 years, and we thank you for this opportunity. Thank you so much. Shall we get a photo? Sure. With the council. Bring your pardonation. That's wonderful. Thank you. Thank you. All right, now we are ready for second reading of ordinances. Number one, an ordinance changing the zone from professional office P1 zone to a commercial center B6P zone for 1.04 gross acres for property located at 2717 floor of Finest Street, a portion of floor investments, LSE, AMD, Council District 6. Number two, an ordinance changing the zone from an agricultural rural AR zone to an agricultural buffer AB zone for 50.10 net, 50.68 gross acres for property located at 300 Cane Break Drive, Sayer College, Council District 12. Number three, an ordinance amending certain of the budgets of the Lexington Fay Urban County government to provide funds for purchase orders rolling from fiscal year 2023 into fiscal year 2024 and appropriating reappropriating funds, schedule number eight. Number four, an ordinance amending certain of the budgets of the Lexington Fay Urban County government to reflect current requirements for municipal expenditures and appropriating reappropriating funds, fiscal year 2024, schedule number nine. Number five, an ordinance amending certain of the budgets of the Lexington Fay Urban County government to reflect current requirements for funds in the amount of $7,400 to provide funds for council capital projects in the division of traffic engineering and appropriating reappropriating funds, schedule number 11. And number six, an ordinance metting the authorized strength by creating one classified position of intelligence specialist, grade 515N, in the Division of Police, creating one classified position of an implementation coordinator, grade 520E, in the Department of Social Services, and creating one classified position of information officer, grade 518E, with a term date of December 31st, 2026 in the Office of the Urban County Council, all effective July 1st, 2023. Thank you. Thank you very much. Is there a motion to approve? Motion to approve. Council Member Ellinger moves, and Council Member Sevigny seconds. And when you're ready, if you'll take a roll call vote, please. Ms. Mayor Wu? Yes. Councilmember Fred Brown? Yes. Councilmember James Brown? Yes. Councilmember Ellinger? Yes, ma'am. Councilmember Legree? Yes. Councilmember Lynch? Yes. Councilmember Menares? Yes. Councilmember Plowman? Yes. Councilmember Reynolds? Yes. Councilmember Sevigny? Yes. Councilmember Sheehan? Yes. And Councilmember Worley? Yes, ma'am. Thank you. when you're ready if you'll do first reading of ordinances please number seven an ordinance changing the zone from highway service business b3 zone and agricultural rural ar zone to a community center cc zone for 8.36 net 11.95 gross acres for property located at 4075 old richmond road anderson communities inc council district 12. number eight an ordinance modifying the conditional zoning restrictions in a single resident family residential r1c zone relating to landscaping and fencing along new circle road for 37.21 net 65.48 gross acres for property located along 2500 to 2529 bridal court 2501 2537 dressage way 1200 to 1213 equine court 1304 to 1476 saddleway club and 1213 viley road number nine an ordinance amending section 3-23.25b of the code of ordinances related to alcoholic beverages to amend the definition of package liquor store to a retail establishment selling distilled spirits wine and or malt beverages number ten or an ordinance amending certain of the budget says electing to favor any government reflect current requirements for municipal expenditures and appropriate reprogram funds fiscal year 2024 schedule number 12. number 11 an ordinance amending certain of the budget says electing to favor any government to provide funds for purchase orders rolling from fiscal year 2023 into fiscal year 2024 appropriate reporting funds schedule number 10. number 12 an ordinance amending certain of the budget says electing to favor county government to reflect current requirements for funds in a minute of 31,000 $31,500 to provide funds for council capital projects and divisions of parks and recreation and traffic engineering and appropriating reprogram funds schedule number 13. number 13 or an ordinance amending to author the authorized strength by creating one unclassified position of associate traffic engineer grade 522e with a term date of june 30th 2025 in the division of traffic engineering effective upon passage of council number and number 14 an ordinance amending the authorized strength by creating one class classified civil service position of revenue compliance auditor grade 521n in the division of revenue and creating one classified civil service position of hmis data analyst grade 520 and in the division of grants and special programs all effective July 1st, 2023. Thank you. Thank you very much. Are there any walk-ons, Council Members? Are there any suspensions to give second reading? All right, I see none, so we'll go right ahead with second reading of resolutions. Number one, a resolution set in the bid of Pro Air Midwest LLC in the amount of $57,000 for breathing air compressor for mobile use for the division of fire and emergency services and authorizing the mayor on behalf of the urban county government to execute an agreement with pro air midwest LLC related to the bid. Number two, a resolution ratifying the permanent classified civil service appointment of Clarence McCoy, public service worker senior grade 510 and 18.362 hourly in the division of streets and roads effective August 20th, 2023. Number three, a resolution authorizing the mayor on behalf of the urban county government to execute a memorandum of agreement with Nami Lexington Inc. Related to the operation of the mental health court at a cost not to exceed $55,000 using funds allocated from the fiscal year 2024 general fund. Number four, resolution authorizing and directing the mayor on behalf of the urban county government to execute a partial release of easement, releasing a portion of sanitary sewer easement on the property located at 1821 Alley Sheba Way. Number five, a resolution authorizing and directing the mayor on behalf of the urban county government to execute the first renewal of a contract with ADS Environmental Services, ADS LLC, for sewer overflow monitoring reporting services for the vision of water quality at a cost not to exceed $118,536. Number six, a resolution authorizing the mayor on behalf of the urban county government to execute lease agreements for residential property with the following individuals for listed properties in consideration of the sums stated in monthly rent. Daniel Garcia for 3990 Raven Runway, $590 a month. Fred Williamson for 4051 Richmond Road, $885 a month. Teresa Gill Farmer for 3401 Shamrock Lane, $700 a month. And Brian Huddle for 3661 Shamrock Lane, $550 a month for a total annual revenue of $24,300. Number seven, a resolution authorized in the mayor on behalf of the Irving County Government to change order number three to the agreement with LAGCO Inc. For construction of the Meadow, Northland, Arlington Public Improvements Projects Phase 6B1 and 6B2, Increasing the contract price by $83,070.56, raising the total contract price to $2,855,950.20. Number eight, a resolution ratifying the permanent class, a resolution authorizing the mayor on behalf of the Irving County Government to execute facilities on permits and honorariums with the Fay County Board of Elections for the Division of Parks and Recreation for space to host the extended school program ESP and the recreational enrichment and learning program REAL for the 2023 summer camps that are costing $12,000. Number nine, a resolution authorizing and directing the mayor on behalf of the urban county government to accept additional award of $62,566.92 in federal funds in the American Rescue Plan Act, ARPA, from the Kentucky Cabinet for Health and Family Services, Department for Community-Based Services, in order to support the child care expenses for the extended school program at the Division of Parks and Recreation, the acceptance of which does not obligate the urban county government to see expenditure of funds and authorizing the mayor to transfer unencumbered funds within the grant budget. Number ten, a resolution authorizing and directing the mayor on behalf of the urban county government to execute and submit a grant application to the Kentucky Justice Cabinet under the Violence Against Women Act VAWA program. to provide any additional information requested in connection with this grant application and to accept this grant if the application is approved, which grant funds are in the amount of $65,000 in federal funds and $12,000 in Commonwealth Kentucky funds, and are for the continuation of the Sexual Assault Nurse Examiner SANE program for fiscal year 2024, the acceptance of which obligates the Lexington Fay Irving County government to the expenditure of $24,667 as a local match and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 11, a resolution authorizing and directing the mayor on behalf of the Irving County government to execute and submit a grant application to the U.S. Department of Transportation under the Reconnecting Communities and Neighborhoods, RCN, Discretionary Grants Program, and to provide any additional information requested in connection with this grant application, which seeks grant funds in an amount not to exceed $10 million in federal funds for the unifying US 60 project. Number 12, a resolution authorizing and directing the Division of Traffic Engineering to install three speed tables on Dallas Avenue between Liberty Road and Delaware Avenue per guidelines in the Neighborhood Traffic Management Program at a cost not to exceed $13,500. Number 13, a resolution authorizing and directing the mayor on behalf of the Irving Kennedy Government to execute a participating addendum. Cooperative purchasing master agreement with Saragon Networks Inc through NASPO Value Point, establishing a price contract for the purchase of radio equipment for the division of enhanced 911 at a cost not to exceed $420,000 in fiscal year 2024. And a further authorizing the director of procurement or his designee to execute any other necessary documents related to the price contract. Number 14, a resolution authorizing and directing the mayor on behalf of the Irving Kennedy Government to execute a partial release of easement, releasing a portion of utility easement on the property located at 3828 Real Quiet Lane. Number 15, a resolution accepting the bid of Crawford, Murphy, and Tilly, Inc. To RFP number 26-23 to verify and recalibrate traffic signal clearance interval systems wide. At a cost note to exceed $172,836 in authorizing the mayor on behalf of the urban county government to execute any necessary agreement with Crawford, Murphy, and Tilly, Inc. Related to the project. Number 16, a resolution authorizing and directing the mayor on behalf of the urban county government to execute amendment number two to the agreement with Bluegrass Area Development District to accept additional federal funds $46,675.34 for the operation of the Lexington Senior Center in fiscal year 2024. Number 17, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute amendment number two to the agreement with the Lexington Children's Museum, DBA Explorium of Lexington to extend the performance period through December 31st, 2023 and authorizing the mayor to execute any other necessary agreements or amendments with the Explorium of Lexington related to the use of these funds. Number 18, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a purchase of service agreement with Children's Advocacy Center, the Bluegrass for Forensic Interviews, at a cost to exceed $50,000. Number 19, a resolution authorizing and directing the mayor on behalf of the urban county government, actually an agreement and accept a grant from the Lexington Bay County Health Department of $469,418 in federal funds, including 89,811 in American Rescue Plan Act funds, and $241,734 in Commonwealth Kentucky funds for a total of $711,152. It was a home network project, also known as the Kentucky Health Access Nurturing Development Services, Hands for the Family Care Center for fiscal year 2024, the acceptance for which does not obligate the urban county government to expenditure of funds and authorizing the mayor to transfer unencumbered funds from the grant budget. Number 20, a resolution establishing O2X human performance as a sole source provider for the wellness and injury reduction training program for the division of fire and emergency services that will cost no to exceed $336,000 in fiscal year 2024. And authorizing the mayor on behalf of the urban county government to execute any necessary agreements with O2X human performance related to the procurement. Number 21, a resolution authorizing and directing the mayor on behalf of the urban county government to accept federal funds from the Kentucky Transportation Academy's Office of Highway Safety, which grant funds in the amount of $217,000 for the traffic safety program for the fiscal year 2024. The acceptance of which does not obligate the urban county government to the expenditure of funds and authorizing the mayor to transfer unincummed funds from the grant budget. Number 22, a resolution authorizing the mayor on behalf of the urban county government to execute an agreement with Thomson Reuters for law online legal research and publications for the department of law to cost not to exceed $25,924.64 in fiscal year 2024. And number 23, a resolution authorizing and directing the mayor on behalf of the urban county government to execute an order form with GoGov Inc. for a citizens request management CRM software subscription at a cost not to exceed $14,400 for fiscal year 2024 with annual increases not to exceed 7% in future fiscal years and further authorizing the mayor to execute any documents related to the future renewals of such order subject to sufficient funds being appropriated in future fiscal years thank you thank you is there a motion to approve so thank you vice mayor second council member lagree all right when you're ready if you'll take a roll call vote please vice mayor will yes council member fred brown yes council member james brown yes council member allinger yes ma'am am a council member legree yes council member lynch yes council member menares council member plowman council member reynolds yes council member civigny yes council member sheehan yes and council member worley yes ma'am all right thank you those all pass and next up we have first reading of resolutions Number 24, a resolution authorizing the mayor on behalf of the urban county government to execute and submit an application to the Kentucky Department of Education for provision of preschool education services at the Family Care Center for the 2023-2024 school year. Number 25, a resolution accepting the response of RMAC Correctional Services to RFP number 33-2023 in the amount of $11,750 fiscal year 2024 for the laundry services for multiple years for the Division of Community Corrections and authorizing the mayor to sign any necessary agreement related to the RFP and services and future fiscal years subject to the appropriation of sufficient funds. Number 26, a resolution authorizing and directing the mayor on behalf of the urban county government to execute a memorandum of understanding with the Fayette County Public Schools for transportation services with the family care center at a total cost not to exceed $92,521.44 for the 2023-2024 school year. Number 27, a resolution authorizing and directing the mayor on behalf of the urban county government to execute an amendment with the Seagrave Fire Apparatus LLC for a material cost increase for two custom fire apparatus units at a cost not to exceed $224,998. Number 28, a resolution amending the Lexington Bay or the county government procurement regulations to increase the amount of an expenditure for which the government is not required to legally advertise for bids from $30,000 to $40,000 to modify the appeals process for penalized vendors to provide requirements for using employees or companies that work for the government and to make changes consistent with the actual current operations of the government and improving, adopting, and restating the regulations to be effective as amended on October 1st, 2023. Number 29, a resolution authorizing the mayor on behalf of the Irving County Government to execute a master's agreement for the utility paving share with Kentucky American Water Company for coordination of paving restoration work in the public right of way at no cost to the Irving County Government. Number 30, a resolution authorizing and directing the mayor on behalf of the urban county government to execute an amendment with Seagrave Fire Apparatus LSE for materials cost increase. Contract number 22-22, or 222-2022 for custom fire apparatus truck at a cost not to exceed $82,692. Number 31, a resolution authorizing the mayor on behalf of the urban county government to execute a master agreement for utility paving share with Columbia Gas of Kentucky Inc. For coordination of paving restoration work in the public right of way at no cost to the urban county government. Number 32, a resolution authorizing and directing the mayor on behalf of the urban county government to exceed an amendment to the agreement with Station Automation Inc. DBAPS tracks to add the Controlled Substances Tracking Module at a cost not to exceed $6,600. Number 33, a resolution authorizing the mayor on behalf of the urban county government to exceed an agreement awarding a Class A neighborhood incentive grant to Ellerslie at DeLong Homeowners Association Inc. for the stormwater quality project at a cost not to exceed $64,210.99. Number 34, a resolution authorizing and directing the mayor on behalf of the urban county government to accept the donation of an air hockey table for the Tates Creek Community Center. Number 35, a resolution authorizing and directing the mayor on behalf of the urban county government to accept the donation in the amount of $297.54 from the Friends of Therapeutic Recreation, Inc. to purchase shirts for individuals that play baseball in the Miracle League. Number 36, a resolution authorizing and directing the mayor on behalf of the Lexington Fair 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 a fire safety and prevention project, 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 37, a resolution authorizing and directing the mayor on behalf of the urban county government to execute an agreement with Kentucky Division of Water for the acceptance of Commonwealth of Kentucky funds under the 2023 section 319H grant program, which grant funds on the amount of $320,000 for Wolf Run watershed project for the Division of Environmental Services, Environmental Quality, and Public Works, the acceptance of which obligates the urban county government to the expenditure of $300,000 as a local match and authorizing the mayor to transfer unencumber funds within the grant budget. Number 38, a resolution authorizing and directing the mayor on behalf of the urban county government to accept a grant from the United States Department of Health and Human Services. Which grant funds in the amount of $499,997 in federal funds under the First Responders Comprehensive Addiction and Recovery Support Services Act grant. To support year two continuation of the expanded first responders and community partners overdose prevention project. 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 39, a resolution establishing Emergent Devices Inc, formerly known as Adapt Pharma, as sole service provider of nasal Narcan spray for the United States Substance Abuse and Mental Health Services Administration, SAMHSA, fiscal year 2022, First Responders Comprehensive Addiction and Recovery Support Services Act, extended First Responders and Community Partners Overdose Prevention Project at a cost not to exceed, at a cost of $47.50 for the Department of Social Services and the Division of Fire and Emergency Services, and authorizing the Mayor on behalf of the Urban County Government to execute any necessary agreement with Emergent Devices Inc. related to the procurement. Number 40, a resolution authorizing and directing the mayor on behalf of the urban head of government to exceed an amendment to the agreement with Darby Ridge Townhomes Association under the Neighborhood Action Match Program, extending the project to December 31st, 2023 at no additional cost. Number 41, a resolution authorizing and directing the mayor on behalf of the urban head of government to amend an existing agreement with Management Registry Inc. In order to continue providing support staff for the Chemical Stockpile Emergency Preparedness Program, CSEPP, at a cost not to exceed $274,000 in fiscal year 2024. Number 42, a resolution establishing Everbridge Inc., a sole source provider for the alert notification system for the Division of Emergency Management authorizing the mayor or her designee on behalf of Lexington Bay or Irving County Government to execute any necessary agreement with Everbridge Inc. Related to the procurement of these goods at a cost not to exceed $118,427.79. Number 43, a resolution authorizing the mayor on behalf of the Irving County Government to execute a purchase of service agreement with Lord AX Sargent, awarded pursuant to RFP number 30-32-2023 to update the Greenway Management Plan for the Green Space Trust at a cost that exceeds $250,000. And number 44, a resolution authorizing and directing the mayor on behalf of the government to exceed an agreement related to neighborhood development funds with the Salvation Army $900. Lexington African American Sports Hall of Fame Incorporated $1,100. The Friends of the Parks and the Fayette County Inc, $1,600. Kentucky Distinguishing Women's Scholarship Program, $1,025. Ziva Project Incorporated, $550, and Tates Creek High School Football Boosters, Inc., $500 for the Office of the Urban County Council at a cost not to exceed the sum stated and authorizing the neighborhood development fund allocations to the Division of Parks and Recreation, $500 pending completion and approval of any necessary budget amendments. Thank you. Thank you very much. Are there any walk-ons? Did you have a walk-on? Okay. Do you have a suspension? All right. Council Member Sevigny. I move to suspend the rules and give second reading to item number 29 and 31. There's some time sensitive things in district 10. Thank you. All right. Thank you. I heard Vice Mayor Wu give a second. Any questions? Everyone who is in favor say aye. Aye. Is anyone opposed? All right. Those pass. Council Member Worley. Thank you, Mayor. I move to suspend the rules and give second reading to resolution number 33. This is a stormwater quality grant for the Ehlers-Lee neighborhood. Thank you. Okay, very good. Is there a second? Second. Council Member Sevigny seconds. Any questions, Council Members? All right, all those in favor say aye. Aye. Is anyone opposed? All right, that motion passes. Council Member Ellinger. Thank you, Mayor. I'd like to suspend the rules and give secondary to number 43 so we can move along with this plan. So moved. All right. Thank you. I heard, was it Kathy, was it Council Member Plumman? Okay. Thank you. Seconded. Any questions? All those in favor say aye. Aye. Is anyone opposed? All right. That passes. Does anyone else have a motion to suspend the rules? All right. we have 29 31 33 and 43 okay when you're ready if you'll give those second reading please number 29 a resolution authorizing the mayor on behalf of the urban county government to exceed a master agreement for the utility paving share the kentucky american water company for coordination of paving restoration work in the public right of way at no cost the urban county government number Number 31, a resolution authorizing the mayor on behalf of the urban county government to execute a master agreement with utility paving share with Columbia Gas of Kentucky, Inc., for coordination of paving restoration work in the public right of way at no cost to the urban county government. Number 33, a resolution authorizing the mayor on behalf of the urban county government to execute an agreement awarding a class A neighborhood incentive grant to Ellerslie at DeLong Homeowners Association, Inc., for a stormwater quality project at a cost not to exceed $64,210.99. And number 43, a resolution authorizing the mayor on behalf of the Urban County Government to exceed a purchase of service agreement with Lord Aix Sargent, awarded pursuant to RFP number 32-2023 to update the Greenway Management Plan for Greenspace Trust at cost not to exceed $250,000. Thank you. Thank you very much. Is there a motion to approve? Motion to approve. Council Member Ellinger moves. Is there a second? Second. All right. Vice Mayor Wu, when you're ready, if you'll take a roll call vote, please. Vice Mayor Wu? Yes. Council Member Fred Brown? Yes. Council Member James Brown? Yes. Council Member Ellinger? Yes, ma'am. Council Member Legree? Yes. Council Member Lynch? Yes. Council Member Menares? Yes. Council Member Plowman? Yes. Council Member Reynolds? Yes. Council Member Sevigny? Yes. Council Member Sheehan? Yes. And Council Member Worley? Yes, ma'am. Thank you. Those all pass. Now, we do have some communications from the mayor. The first is price contracts that need a motion. So moved. Thank you, Vice Mayor, and second by Councilmember Plowman. Are there any questions? All those in favor say aye. Aye. Is anyone opposed? All right, that passes. We have communications from the mayor for information only. And I am not going to steal Councilmember Savigny's thunder, but I am very happy to see a large group of Boy Scouts with us tonight. I may have mentioned to you, my son's an Eagle Scout, so we did a lot with Boy Scouts along the way, so welcome. All right, we have no fire discipline, no police discipline, so it's time for announcements. Councilmember Savigny. Thank you, Mayor. First, tomorrow I would like you to come celebrate all your favorite songs from the 90s at the Moondance Foundation Festival. This one actually does cost a little bit of money because we're trying to raise some money for the Moondance Foundation. Some of you may remember the 90s, some of you may not, but please come and we'll listen to the music together. This is an event that the whole family featuring bands, Rebel Without a Cause, Never Mind, and the March Madness Marching Band. There will be food trucks, a costume contest. You guys got to participate in that. Kids activities and more. Tickets for the fundraiser are $8 and can be purchased at lexingtonkentucky.gov slash moondance. I hope to see you between 630 and 930 for the last concert of that season. Then, we have some great guests in the audience tonight. If you guys could raise your hands or stand up, you're pretty obvious as to who you are, but you are Scout Troop 186 and 1186, I believe, and we have welcomed you. They are all here getting, I think it was, what was it, Communications of Government, right, badges. And we are so thrilled to have you here. You are fine examples of what District 10 has to offer to the rest of the world. And thank you so much for being here. And that's it. Okay, very good. Thank you. Council Member Plumman. Thank you, Mayor. I wanted to share part of our hamlet projects. We go out into the different hamlets, and we meet with the folks that have been residents or the families that have been residents. And we're going to have our third one, and we've already done Cadentown, Jimtown, and this will be the Uttinger Town on Tuesday, this upcoming Tuesday at 6 o'clock at the Uttinger Baptist Church. And it really is a neat thing to experience and listen to all this oral history. And they bring artifacts, and this is our journey to do this community outreach. So if anybody would like to join us, it would probably be about an hour, hour and a half. It's a refreshing conversation. Thank you, Mayor. Thank you. Council Member Lynch. Thank you, Mayor. There are many fun things going on this weekend, but I would like to highlight that the Kentucky Black Pride Festival will be going on this weekend. There's a lot of fun activities going on. On Friday, they're going to have a gala. On Saturday is the festival at Woodland Park. Myself and some of my other council colleagues will be speaking and participating in those festivities at the park on Saturday. And then there's an after party as well. So for more information, visit their website, KentuckyBlackPride.com, and come out, support, and have a good time. Thank you, Mayor. Thank you. Now, we do have a few people signed up for public comment. So the way this works for those of you who have signed up is I will call your name and ask you to come to the podium. And for the record, you need to state your name and your council district, and you'll have three minutes. So first up is a Stevia case drags, and you will be followed by Carol Rasmussen. So, Stevia? Is she coming back? Do you know? Yes? Okay. Is Carol here? You're giving your time to Scarlett. Okay. Is Scarlett Devine here? Okay. Okay. You're up. If you'll state your name and council district for the record, please, and you'll have three minutes. Six minutes, excuse me. Well, I hope I don't take six minutes. I'm Scarlett Devine. I'm from council district 11. I am here in support of ordinance 0910-23. It is the ordinance to amend a prior ordinance that I think you all have heard about a few times, including at your work session on Tuesday. Ms. Reynolds brought this request for a zoning restriction change before this council, and it was passed on to the Planning Commission. and the planning committee did their due diligence put in a lot of time and effort and research and made a recommendation to amend that ordinance and that recommendation passed unanimously with the planning commission last month one of the points that was made we thought pretty eloquently by mr crumb was that the point of a conditional zoning restriction is to protect the surrounding area of a development. It's not specific to the internal area and is not always intended to apply to the internal site. The installation of the very large concrete sound barrier along New Circle Road is a major physical change to our area and it really just made the fence irrelevant. and the fence is already gone. It's been gone for over a year. We had a couple of homeowners who weren't happy that the fence was gone, although the majority of our neighborhood certainly supported that and voted to not rebuild the fence when it became an issue. So when I watched Tuesday's meeting and saw that one of the questions that was brought before you or a point that a homeowner tried to make was that Tracy Jones, the attorney for the planning commission, had not been able to prove to her certain elements regarding easements. A couple of points came to mind that I wanted to make. Kentucky law regarding easement is very clear. It has been for a long time. I don't think there's been a lot of changes to those laws. And I believe those individuals counsel, Mr. Bruce Simpson, understands those laws as well. he's been around for a while. If those homeowners or their attorney could prove ownership of the fence that's long gone, then none of us would be here. They wouldn't have needed to dig up an old ordinance that was never followed and argue about that because they would have had a very simple cause of action regarding their personal property and they could have had that adjudicated in court here. They don't have that. Your planning committee representatives did a good job. Their recommendation, it just makes common sense. It makes financial sense. It aligns with the desires of our neighborhood. It's practical. Our neighborhood consists of 101 homes and our board has to represent all of those homes. I probably should have said at the beginning I'm vice president of our HOA and that's why me and two of my fellow board members are here. It's important for this council to know, I think, one detail that hasn't been mentioned and that is that those two neighbors were told about a year ago that if they wanted a white fence in their backyard, they were welcome to build it and we would approve it. Again, I'm just here to urge you to please follow the recommendation of the planning commission that was passed unanimously and to amend the ordinance without a need for a hearing or any further argument and discussion. We've been at this for a while and we're kind of tired of it and I'm sure you guys are too. That's all I have. Thank you very much. Next is Stevia Case-Drags. Okay, I do not see this person, so I think she's going to go look for her. This is the last item on our agenda, so we'll be we'll give her a second. Did you see her out there? Well, I am so sorry. Okay, very good. Thank you. Alright, well with that I'll entertain a motion to adjourn. Thank you. Is there a second? All those in favor, say aye. We are adjourned. Thank you very much.