# Urban County Council - September 28, 2023 > Auto-transcribed civic record · September 28, 2023 - **Permalink**: https://meetings.lexingtonky.news/meeting/5922 - **Source video**: https://lfucg.granicus.com/player/clip/5922?view_id=14&redirect=true - **Date**: 2023-09-28 - **Last revised**: September 28, 2023 - **Length**: 17,216 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 28, 2023, at 6:00 PM in the Council Chambers in Lexington, Kentucky, with Mayor Gorton presiding over the session. The meeting focused on two ceremonial agenda items that were both approved by the council. The council took action on 2 motions and votes during the proceedings, addressing the designation of Frank Penn Day and providing recognition for Code Enforcement efforts in the community. Additionally, the meeting included 2 public comments from community members, allowing for citizen input on matters of local concern. ## Attendance The following members were present at the September 28, 2023 meeting: • F. Brown • J. Brown • Ellinger • Elliott Baxter • Fogle • Gray • LeGris • Lynch • Monarrez • Plomin • Reynolds • Sheehan • Wu **Absent:** • Sevigny • Worley No members arrived late to the meeting. A total of 13 members were present and 2 members were absent. ## Votes and Decisions The council took action on two items during the September 28, 2023 meeting, with both measures passing by wide margins. **Ordinance 0910-23** [timestamp: 01:30] Council member Ellinger motioned to approve an ordinance modifying the conditional zoning restrictions in a Single Family Residential (R-1C) zone, with Elliott Baxter providing the second. The measure passed unanimously on a roll call vote with 13 ayes and 0 nays. All council members voted in favor: F. Brown, J. Brown, Ellinger, Elliott Baxter, Fogle, Gray, LeGris, Lynch, Monarrez, Plomin, Reynolds, Sheehan, and Wu. **Resolution 0878-23** [timestamp: 05:45] Wu motioned to approve a resolution authorizing a Memorandum of Understanding with Fayette County Public Schools for transportation services, seconded by Sheehan. The resolution passed with 12 ayes, 0 nays, and 1 abstention. Council members voting in favor were: F. Brown, J. Brown, Ellinger, Elliott Baxter, Fogle, LeGris, Lynch, Monarrez, Plomin, Reynolds, Sheehan, and Wu. Gray abstained from the vote. Both items received strong support from the council, with the zoning ordinance achieving complete unanimity and the transportation services agreement passing with only one abstention. ## Budget and Financial Actions The meeting addressed two significant financial items requiring council approval. **Laundry Services Contract** The council considered Resolution 0875-23, authorizing a contract with Aramark Correctional Services for laundry services supporting the Division of Community Corrections. The multi-year contract is valued at $11,750 total. **Fire Apparatus Cost Amendment** Resolution 0879-23 addressed a substantial cost increase for fire department equipment. The amendment covers additional material costs of $224,998 for two custom fire apparatus units being manufactured by Seagrave Fire Apparatus, LLC. This represents a significant budget adjustment for the fire department's vehicle procurement program. The two resolutions combined represent $236,748 in financial commitments, with the fire apparatus amendment comprising the majority of the expenditure at approximately 95% of the total amount under consideration. ## Public Comment Two members of the public addressed the meeting during the public comment period. **Brittany Price** spoke at [timestamp: 180:00] and shared her personal history and service background. Price identified herself as a United States Navy veteran and discussed her experiences during her military service. **Emma** addressed the meeting at [timestamp: 185:00] to advocate for a ban on source of income discrimination. Emma presented studies and data to support the effectiveness of such policies in improving housing access for residents. She argued that implementing this ban would help address housing accessibility issues in the community. The public comment period focused on personal experiences and housing policy advocacy, with speakers drawing on both individual backgrounds and research-based evidence to support their positions. ## Appointments The meeting included two reappointments to local boards and organizations. **David Ashford** was reappointed to Bluegrass Crime Stoppers. Crime Stoppers organizations work with law enforcement to encourage community members to provide anonymous tips about criminal activity. **Paige Bensing** was reappointed to the Carnegie Center for Literacy Board of Directors. The Carnegie Center for Literacy is a nonprofit organization that provides literacy education and support services to adults in the community. Both appointments represent continuity in leadership for these community organizations that serve important public functions in crime prevention and adult education. ## Contested Items The meeting featured one primary contested item that generated significant community engagement and discussion. **Source of Income Discrimination Ban** The proposed ban on source of income discrimination emerged as the central point of contention during the meeting. However, rather than opposition, this item drew strong community support from residents who attended to advocate for its passage. Community members who spoke during public comment expressed overwhelming support for the discrimination ban, emphasizing its importance for improving housing accessibility. Supporters highlighted how the measure would benefit voucher holders and other residents who rely on alternative income sources, arguing that such discrimination creates barriers to securing adequate housing. The advocacy focused on the ban's potential to reduce housing discrimination and expand opportunities for vulnerable populations. Residents characterized the measure as a necessary step toward ensuring fair housing practices and preventing landlords from automatically rejecting tenants based solely on their income source, such as housing vouchers or disability benefits. While the extracted data indicates this as a "contested" item due to the level of community engagement and discussion it generated, the nature of the contest was primarily supportive advocacy rather than opposition. The community members present appeared unified in their support for the proposed ban, using the public comment period to urge officials to move forward with the measure. The outcome of this discussion and whether the governing body took action on the source of income discrimination ban was not specified in the available information, though the strong community support demonstrated clear public interest in advancing this housing policy initiative. ## Frank Penn Day [timestamp: 02:30] Mayor Gorton presented proclamation 0822-23, officially declaring September 28, 2023, as Frank Penn Day in Lexington. The proclamation recognized Frank Penn's significant contributions to the community and his dedicated service on the Planning Commission. During the presentation, Mayor Gorton highlighted Penn's commitment to civic engagement and his role in helping shape the city's development through his work on the Planning Commission. The proclamation acknowledged Penn's ongoing efforts to serve the residents of Lexington and his positive impact on community planning initiatives. Frank Penn was present at the meeting to receive the proclamation. The agenda item was presented as a ceremonial recognition without requiring formal council debate or discussion. The proclamation was approved, officially establishing September 28, 2023, as Frank Penn Day in the city of Lexington. ## Recognition of Code Enforcement [timestamp: 04:00] Mayor Gorton presented agenda item 0912-23, a proclamation recognizing October 2023 as Code Enforcement Month. The proclamation highlighted the significant achievements and contributions of the city's Code Enforcement Division to the community. During the presentation, Mayor Gorton emphasized the division's recent accreditation, marking a notable milestone for the department. The recognition acknowledged the important role code enforcement plays in maintaining community standards and ensuring public safety through the enforcement of municipal codes and regulations. Key speakers included Mayor Gorton, who delivered the proclamation, along with Alex Olszowy and Lee Steele, who participated in the recognition ceremony. The speakers highlighted the division's dedication to serving the community and their professional accomplishments that led to the recent accreditation. The proclamation served to formally acknowledge the work of code enforcement officers and staff members who contribute to maintaining the quality of life in the community through their enforcement activities. The recognition of October as Code Enforcement Month aligns with national efforts to highlight the importance of code enforcement in local government operations. The agenda item was approved without opposition, demonstrating unanimous support for recognizing the Code Enforcement Division's contributions to the community and their professional achievements, particularly the recent accreditation milestone. --- ## Decisions - **Ordinance 0910-23** — passed (13-0): An Ordinance modifying the conditional zoning restrictions in a Single Family Residential (R-1C) zone - **Resolution 0878-23** — passed (12-0): A Resolution authorizing a Memorandum of Understanding with Fayette County Public Schools for transportation services --- ## Full transcript Music Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Go ahead and call to order the Lexington Fayette Urban County Council meeting of September 28, 2023. And the first item is the roll call. Council Member Fred Brown. Here. Councilmember James Brown? Here. Councilmember Ellinger? Yes, ma'am. Councilmember Elliott Baxter? Yes. Councilmember Fogle? Yes. Councilmember Gray? Present. Councilmember Legree? Here. Councilmember Lynch? Present. Councilmember Minares? Councilmember Plowman? Councilmember Reynolds? Here. Councilmember Sevigny? Councilmember Sheehan? Here. Councilmember Worley? And Vice Mayor Wu. Yes. Thank you. All right, thank you. We have a quorum. And I would like to invite to the podium Bruce Carpenter, a parishioner from Tates Creek Christian Church. Welcome, he's going to do our invocation. Father God, it's always a blessing to talk to you. And I know you smile tonight, Father, Jesus, Holy Spirit, as we meet in this special place with a group of leaders who have a desire to build a city and a county that I've been blessed to be a part of for some 40 years. You look down and you smile because they want to start their discussions, their debates, their whatever it is they make decisions tonight. But they start asking for wisdom from you and what a blessing that is. Jesus, you're the master builder. You build people, but you're also building a tremendous city called the New Jerusalem, the greatest city ever built. But we're here today to build another city in another county, Fayette and Lexington. And these good leaders right here, they want to do that to the best of their ability and be led by you in special ways. Jesus, you were a servant leader. You served people. You made decisions to help people to be loved and be successful. That's what these leaders want to do also. So you bless them, anoint them, touch them, help them know that they're making decisions that affect people. And I know they want to make those that are spirit-led and of you. So they've got work to do tonight, Dad, Jesus, Holy Spirit. So let's turn them loose. What a blessing to talk to you. We love you. In your name, Jesus, we pray. Amen. Amen. Amen. Thank you very much. At this time, we have the minutes of August 17th, August 31st, and September 14th of 2023 council meetings. So I'll entertain a motion. Thank you, Council Member Sheehan, and then second by Council Member Plowman. Are there any questions? All right, all those in favor of approval say aye. Aye. Is anyone opposed? All right, that motion passes. And now it is time for presentations. This time I would like to invite Frank Penn to join me at the podium. I asked you to highlight it. This is it. Come over here a little closer. I, by my best calculations, figure I have known Frank for about 26 years. It could be, that's about right? It could be a little longer or a month shorter. Frank Penn, in my estimation, is one of a kind. And he is as honest as the day is long, so he will always tell you when he's looking at you exactly what he thinks. Right? Fair so far. Yep. And like many people, Frank's life has included moments of joy and moments that are very low. Tragedy, like many people. He is wise about relationships with people. He is savvy when it comes to the political landscape. He loves his family. He loves his home here in Fayette County. How long have you lived here? I was born here. All your life. All my life. You don't need to say how long. Not yet. Not yet. I haven't been here all my life. Okay. His dedication to the intentional planning and land use in Fayette County has been exceptional. Frank is the person you would want as your friend or your neighbor. He has a wonderful sense of humor. You never know when he'll spring it on you. And with that, I am really honored to present a proclamation in his honor. It's called Frank Penn Day. First for me. Whereas Frank Penn is faithfully represented and served Fayette County's rural community throughout his life. And whereas he was a critical advocate for the creation of the Purchase of Development Rights Program to preserve Lexington's prime soils and farmland and is a champion of its ongoing success. And whereas he helped found horse country, Kentucky horse farm tours, sharing the beautiful, beautiful Fayette County and horse capital of the world with visitors from around the globe, and growing Lexington's tourism industry. And whereas Frank is a lifelong, hardworking farmer who has done it all, cattle, tobacco, hemp, and maybe more. Frank is a horseman who has had a lifelong career in the thoroughbred industry. And whereas Frank has been an outstanding public servant, recently completing his 17th year of service on our Lexington Planning Commission and serving as a trustee of Georgetown College, his alma mater, and whereas Frank is retiring from the Planning Commission for now, but we're all quite sure he'll never quit. But Frank says, quote, you know the problem with life. By the time you know everything you need to know, you're too damn old to do anything about it, unquote. Now, therefore, I, Linda Gorton, mayor of Lexington, do hereby declare September 28, 2023, Frank Penn Day in Lexington. Thank you. Thank you. So let's let Ms. Rudy go. You want it? Yeah, I'll do that. Thank you. Would you like to say a few words? Then we'll have Council Member Plumman say a few words. All right. You want her to go first? You go ahead. All right. Thank you, Mayor, and thank you, Council. You know, I came down here when you did PDR because I had a passion for land. And Pam Miller said that if we're going to do PDR, you're going to serve on the Planning Commission. And I said, well, I didn't know it was a pre-pro-quo, but if that's what I have to do to get the money to make PDR work, that's what I'll do. And I found out that the Planning Commission is one of the few places in Lexington you can make a difference and not have to be elected. If you served much time at all in the planning commission, you couldn't get elected dog catcher. Because you make decisions every day that half the people in the audience think is right and half the people in the audience think it's wrong. But it's been a real honor to serve for four mayors and to be confirmed by the council for four different times. I have enjoyed my time there. I hope I've made a difference, and this is a spectacular for me, and thank you all very much. Thank you. Thank you very much. Don't go away. Frank lives in the 12th District, so I'd like to invite Councilmember Plowman to the podium. Thank you, ma'am. Thank you, dear. Over seven years ago, when I actually took over my position in the 12th District, I remember thinking to myself, you know, I love agriculture. I respect it. I really don't know a whole lot about it. So people were saying, call Frank Penn. Call Frank Penn. So I did. And we met over at, I guess it was Cracker Barrel, over on Newtown Pike, because he lives out on his farm in Mount Horv. And that was our first of many conversations that we had over the seven years. And I've learned so much from Frank. His knowledge, the depth of his knowledge, not just on the egg issues, but on land use, is just exceptional. exceptional, probably unmatched. He is so knowledgeable about that. And I've, over the years also, he's been a mentor for me and also a friend. And so congratulations, Frank. I will tell you that he actually, he turned out at the end of June, July 1, and we were going into the summer break. So I decided, our office decided to pause. And it was funny because we were thinking, How can we get him here in September? What will we tell him? And so I called Rita, and finally I talked to the mayor. We said, we've got to tell him. We won't get him here. So that's why he's here. But congratulations. Appreciate it. Otherwise he wouldn't come, right? Let's get a picture. And Rita, will you be in the picture too, please, with the council? Sort of go down here. We're going to put you right in the middle. Thank you. Thank you. Thank you. See ya. Now, if I could have Cash Olchevy and Lee Steele join me at the podium, please. Thanks so much for all the support. Thank you. Come on. October is National Code Enforcement Month, a time set aside to recognize and lift up all the good work our code enforcement officers are doing. It's great to have Cash and Lee here. Cash, as you know, is retiring. Where'd you go? As Director of Code Enforcement, and Lee is taking over. So congratulations to both of you. Code enforcement officers play a vital role in keeping Lexington clean, beautiful, and safe for our residents, community, business community, and visitors. In many ways, they serve as the eyes and ears of our community. Our code enforcement officers make many valuable contributions to our city, and we thank them for all their hard work. Our Division of Code Enforcement recently achieved accreditation from the International Accreditation Service, reflecting their high standards of performance and accountability. This was a rigorous process that examined our systems and policies and included a site visit. And this is what the certificate looks like. I have another copy. So one of the most exciting things about this is Lexington is the first city in Kentucky and the sixth city in the United States to achieve this status. This is a big deal. This has long been a goal for our outgoing director. So Cash, congratulations. Thank you for your hard work on this accreditation, but your years of service. Really appreciate it. And so at this time, it's my pleasure to present a proclamation. Whereas National Code Enforcement Month is a time set aside to recognize the hard work of our code enforcement officers who assure the safety and welfare of the residents of our community through the enforcement of local codes and ordinances. And whereas code enforcement officers often have a challenging role and often do not receive recognition for the job they do to improve living and working conditions for residents and businesses. And whereas code enforcement officers have a highly visible role in our city, and regularly interact with a variety of state officials, first responders, boards, commissions, and agencies, and whereas our code officers are expected to provide quality customer service and excellence to our residents and businesses, and whereas code enforcement works with property owners to bring their property into compliance with the International Property Maintenance Code and the Lexington Fayette Urban County Government Code of Ordinances to ensure both a safe and a beautiful Lexington. Now, therefore, I, Linda Gorton, Mayor of Lexington, do hereby declare October 2023 Code Enforcement Month in Lexington. And I want to congratulate both of you, Cash. I hope your retirement is a wonderful one. And Lee, I think it's all yours pretty soon, right? So congratulations. Yes. Thank you. Thank you. Thank you all. You know I've been in front of you before and probably not quite as steer circumstances as today, but I can say that tomorrow being my last day in the employment of the LFUCG, that I couldn't go out on a higher note. And I'd like to think I can go out with my chin up. And I hope that Lee, and I fully believe Lee, will continue to serve you all in the manner in which I've tried to mold code enforcement in the last five years I've been there. So thank you. Thank you so much for the recognition. Wonderful. Would you like to say a few words? Lee? Hi. I'm Lee Steele. I'll be taking over Monday. You see I've got some big shoes to fill here. The mayor mentioned the customer service. That's going to be the cornerstone of my service to you all. I have built a long history of service to this community in my own personal life. And I look forward to serving with each and every one of you all over the next few years. Customer service is going to be what you're going to think of when you hear the code enforcement in the future. That's it. I appreciate it. Thank you. Thank you and congratulations on your accreditation. This is an awesome achievement. Thank you. Now we're going to get a picture. All right. And Lee, would you hold the accreditation? Sure. That goes right in the hallway. No, they got to keep it now. Thank you. Thank you. Thank you so much. Now we are ready for second reading of ordinances. Item one, an ordinance modifying the conditional zoning restrictions in a single family residential R1C zone relating to landscaping and fencing along New Circle Road for 37.21 net, 65.48 gross acres for property located at 2,500 to 2,529, Bridal Court, 2501 through 2537, Dressage Way, 1,200 to 1,213, Equine Court, 1304 to 1476, Saddle Club Way, and 1,213, Viley Road. Item 2, an ordinance meeting section 323.25B of the Code of Ordinances related to alcoholic beverages to amend the definition of packaged liquor store to a retail establishment selling distilled spirits, wine, and or malt beverages. Item 3. In ordinance amending certain of the budgets of the Lexington Fair Urban County Government to reflect current requirements for municipal expenditures and appropriating reappropriating funds, FY 2024, Schedule number 12. Item 4. In ordinance amending certain of the budgets of the Lexington Fair Urban County Government to provide funds for purchase orders rolling from FY 2023 into FY 2024 and appropriating reappropriating funds, Schedule number 10. Item 5. An ordinance amending certain of the budgets of Lake St. Fairbanks County Government to reflect current requirements for funds in the amount of $31,500 to provide funds for council capital projects in the divisions of Parks and Recreation and Traffic Engineering and appropriating and re-appropriating funds, Schedule number 13. Item 6, an ordinance amending the authorized strength by creating one unclassified position of associate traffic engineer, grade 522E, with a term date of June 30, 2025, and the division of traffic engineering effective on palm passage of council. And item 7, in order submitting the authorized strength by creating one 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 520N in the Division of Grants and Special Programs, all effective July 1, 2023. Thank you. Thank you. Could I have a motion to approve? I approve. All right. Second by Council Member Baxter. And when you're ready, if you'll take a roll call vote, please. Council member Fred Brown? Yes. Council member James Brown? Yes. Council member Ellinger? Yes ma'am. Council member Elliott Baxter? Yes ma'am. Council member Fogle? Yes. Council member Gray? Yes. Council member Legree? Yes. Council member Lynch? Yes. Council member Plowman? Oh I'm sorry. Council member Menares? Yes. Thank you. Council member Plowman? Yes. Council member Reynolds? Yes. Council Member Sheehan? Yes. And Vice Mayor Wu? Yes. Thank you. Thank you. Those all pass. Now we're ready for first reading of ordinances, and we will have a pause before number nine. Item eight, an ordinance spending certain of the budgets of the Lexington Fair, Urban County Government, to reflux current requirements for funds in the amount of $86,283.75 to provide funds for council capital projects and the divisions of Parks and Recreation and Historic Preservation and Appropriating and Reproduiting Funds, Schedule No. 15. Thank you. I believe Council Member James Brown has a motion. Yes, ma'am. Thank you, Mayor. On behalf of the administration, I move that Item No. 9 on the docket under Ordinances, first reading, amending certain items of the budget of LFUCG and appropriating and reappropriating funds be amended as follows. Amending Schedule No. 14 to include budget amendments for three grants related to the fire training, FY 2023, Fire Administration, FY 2023, and Fire Training, FY 24, for the Division of Fire and Emergency Services. Amending Schedule 14 to include two budget amendments to transfer funds from Fund 1147 Neighborhood Housing Infrastructure Fund to Fund 1145 Affordable Housing and Homelessness Fund for the Division of Grants and Special Programs, Affordable Housing. and amend in Schedule 14 to include two budget amendments establishing Victims of Crime Act 2024 grant budgets for the Division of Police and for the Division of Social Services for the Division of Grants and Special Programs. So move. Council Member Reynolds seconds. Are there questions? Council Member Ellinger. Thank you, Mayor. Did we get an email or anything about this one? Because I don't remember seeing, and it seemed like a lot of stuff added to this. Normally, this is just going to be first reading, and since it's a schedule, we won't be able to do a second reading. So I guess in the interim, if we could get an email that has all the changes, that would be great. Commissioner Hensley will do that. Okay, thank you. Anything else? All those in favor say aye. Aye. Is anyone opposed? All right, that passes. So that's ready for a first reading as amended. Item 9. An ordinance admitting certain of the budgets eliciting to the urban county government to reflect current requirements through municipal expenditures and appropriating reproving funds fiscal year 2024 schedule number 14 as amended. Item 10. An ordinance cementing certain of the budgets of the Lexington-Faylor County Government to reflect current requirements for funds in the amount of $75,000 to provide funds for council capital projects in the divisions of Parks and Recreation and Traffic Engineering and Appropriating and Reproducing Funds is Schedule number 16. Item 11. An ordinance cementing the salary range for the positions of council administrator grade Z80, establishing a grade minimum of $2,769.52 biweekly and a grade maximum of $4,594.88 biweekly, effective September 18, 2023. Item 12. An ordinance ratifying the unclassified civil service pay increases of the secretaries of the Board of Trustees of the Police and Fire Pension Fund as follows. Susan Redman, Administrative Specialist Senior, Grade 518N, from 33.336 hourly to 35.679 hourly. And Tonya Walters, Administrative Specialist Senior, Grade 518N, from 26.332 hourly to 30.545 hourly in the Department of Finance, pursuant to a recommendation of the Board of Trustees of the Police and Fire Pension Fund, effective the next pay period following passage of counsel. Item 13. in the Division of Waste Management and creating one classified civil service position of Public Service Supervisor Grade 518 and in the Division of Waste Management, if all effective July 1, 2023. Thank you. Thank you. Are there any walk-ons? Vice Mayor Wu? Thank you, Mayor. I move to place on the docket for the September 28, 2023 Council meeting under Ordinance's First Readings, an ordinance amending Section 21-35A of the Code of Ordinances to authorize up to 10 days of bereavement leave in the case of a death in the immediate family of any probationary or permanent classified civil service employee, effective July 1, 2023. So moved. Is there a second? Council Member Plowman seconds. Are there any questions? All those in favor, please say aye. Aye. Is anyone opposed? All right, that motion passes. Councilmember Sheehan. Thank you. I move to place on tonight's docket an ordinance amending certain of the budgets of the urban county government for council appropriations for various projects from the American Rescue Plan Act, ARPA, state and local recovery funds as approved September 28, 2023, and appropriating and reappropriating funds for Schedule Number 0018. Thank you. Is there a second? Councilmember Fogle seconds. Are there any questions? All those in favor, please say aye. Aye. Is anyone opposed? All right, that motion passes. Are there any other walk-ons? Okay, if you will give those first reading, please. Ma'am. Item 15. An ordinance demanding section 2135A of the Code of Ordinances that the Lexington Fair Urban County Government to authorize up to 10 days of bereavement leave in the case of a death in the immediate family of any probationary or permanent classified civil service employee, effective July 1, 2023. And item 16, in ordinance meeting certain of the budgets of the Lexington Fair Urban County Government for council appropriations for various projects from American Rescue Plan Act, ARPA, state and local recovery funds as approved September 28, 2023, and appropriating re-propriating funds, schedule number 18. Thank you. Thank you. Are there any suspensions? Motions to suspend. Vice Mayor Wu? Thank you, Mayor. I move to suspend rules and give second reading to, I believe it is item 15, the ordinance on bereavement leave. Yes. Is there a second? Second. All right. All those in favor, say aye. Aye. Is anyone opposed? No. All right. We have one no vote. Council Member Fred Brown. Any other suspensions? No? All right. If you will give second reading to number 15, please. Item 15, an ordinance meeting section 2135A of the Code of Ordinances of the Lexington-Fat Urban County Government to authorize up to 10 days of bereavement leave in the case of a death in the immediate family of any probationary or permanent classified civil service employee effective July 1, 2023. Thank you. Thank you. Do I hear a motion to approve? Second. All right. When you're ready, if you'll do the roll call vote, please. Councilmember Fred Brown Yes Councilmember James Brown Yes Councilmember Ellinger Yes ma'am Councilmember Elliot Baxter Yes ma'am Councilmember Fogle Yes Councilmember Gray Yes Councilmember Legree Yes Councilmember Lynch Yes Councilmember Minares Yes Councilmember Plowman Yes Councilmember Reynolds Yes Councilmember Sheehan Yes And Vice Mayor Wu. Yes. Thank you. Thank you. That item passes. And now we're ready for second reading of resolutions. Item 1, a resolution authorizing the mayor on behalf of every county government to execute and submit an application to the Kentucky Department of Education to provide for provision of preschool education services at the Family Care Center for 21-23-2024 school year. Item 2, a resolution accepting that a response of Aramark Correctional Services to RFP No. 33-2023 in the amount of $11,750 FY2024 for 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 with future fiscal years subject to the appropriation of sufficient funds. Item 3. A resolution and authorizing the director of the mayor on behalf of our beginning to come to execute a memorandum of understanding with Fayette County Public Schools for Transportation Services with the Family Care Center at a total cost not to exceed $92,521.44 for 2023-2024 school year. Item 4. A resolution authorizing Director Mayor on behalf of Urban County County to execute an amendment with Seagray Fire Apparatus, LLC, for a material cost increase for two custom fire apparatus units at a cost of $224,998 item 5. A resolution amending the Lexington Fair Urban 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 and 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 approving and adopting and restating the regulations to be effective as amended on October 1, 2023. Item 6. A resolution authorizing direct the mayor on behalf of the Bicada government to execute an amendment with a C. Gray Fire Apparatus LLC for material cost increase, contract 222-2022, for a custom fire apparatus truck at a cost of $82,692. Item 7. A resolution authorizing direct the mayor on behalf of the Bicada government to execute an amendment to the agreement with Station Automation Incorporated DBA PS Tracks to add the Controlled Substances Tracking Module at a cost not to exceed $6,600. Item 8. A resolution authorizing Director of the Mayor on behalf of Rebecca to Government to accept a donation of an air hockey table for the Tates Creek Community Center. Item 9. A resolution authorizing Director of the Mayor on behalf of Rebecca to Government to accept a donation of the amount of $297.54 from Friends of Therapeutic Recreation Incorporated to purchase shirts for individuals that play baseball in the Miracle League. Item 10. A resolution authorizing the mayor and directing mayor on behalf of the 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 to the expenditure funds and authorizing the mayor to transfer undercover funds within the grant budget. Item 11. I resolution and authorizing and direct the mayor on behalf of the government to execute an agreement with the Kentucky Division of Water for the acceptance of Commonwealth and Kentucky funds under the 2023 Section 319H grant program for grant funds in the amount of $320,000 for the Wolf Run Watershed Project for the Division of Environmental Services, Environmental Quality, and Public Works, the exception of which obligates the urban government to the expenditure of $300,000 as a local match and authorizing the mayor to transfer undergar funds within the grant budget. Item 12. I resolution and authorizing and direct the mayor on behalf of urban county government to accept a grant from the United States Department of Health and Human Services, which grant funds are in the amount of $499,997 in federal funds under the First Responders Comprehensive Addiction and Recovery Support Services Act grant to support the 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 undercover funds within the grant budget. Item 13. A resolution establishing Emergent Devices Incorporated, FKA Adapt Pharma, as a sole source provider of nasal Narcan spray for the United States Substance Abuse and Mental Health Services Administration FY 2022 First Responders Comprehensive Addiction and Recovery Support Services Act Extended First Responders and Community Partners Overdose Prevention Project at a cost of $47.50 for the Department of Social Services and the Department of Fire and Emergency Services and authorizing the mayor on behalf of every county government to execute any necessary agreements with the emergent devices incorporated related to procurement. Item 14. A resolution authorizing the mayor on behalf of every county government to execute an amendment to the agreement with Darby Ridge Townhomes Association under the Neighborhood Act Match Program, extending the project to December 31, 2023, at no additional cost. Item 15, a resolution authorizing direct the mayor on behalf of Americanity to amend an existing agreement with Management Registry Incorporated in order to continue providing support for staff for the Chemical Stockpile Emergency Preparedness Program at a cost not to receive $274,000 in FY24. Item 16, a resolution establishing Everbridge Incorporated as a sole source provider for the alert notification system for the Division of Emergency Management and authorizing the mayor or her disignee on behalf of the election of the Irving County Government to execute any necessary agreement with Everbridge Incorporated related to the procurement of these goods at a cost not to exceed $118,427.79. And item 17, a resolution authorizing the director of the mayor on behalf of the Irving County Government to execute an agreement related to neighborhood development funds for the Salvation Army 900, election African American Sports Hall of Fame Incorporated, 1100, the Friends of the Parks and Fayette County Incorporated, 1600, Kentucky Distinguished Young Women Scholarship Program, 1025, Ziva Project Incorporated, $550, and Tates Creek High School Football Boosters Incorporated, $500, for the office of the Urban County Council at a cost-mecture scene that some stated, and authorizing approved neighborhood development funds allocations to the Department, to the Division of Parks and Recreation, $500 pending completion and approval of any necessary budget amendments. Thank you. Thank you. Is there a motion to approve? So moved. Thank you, Vice Mayor. Second by Council Member Sheehan. And when you're ready, if you'll take a roll call vote, please. Council Member Fred Brown. Yes. Council Member James Brown? Yes. Council Member Ellinger? Yes, ma'am. Council Member Elliot Baxter? Yes, ma'am. Council Member Fogle? Yes. Council Member Gray? I abstain, or excuse me, I've accused from number three because of my affiliation with Vaya County Public Schools, but otherwise, yes. Thank you. Council Member LeGree? Yes. Council Member Lynch? Yes. Council Member Minares? Yes. Council Member Plowman? Yes. Council Member Reynolds? Yes. Council Member Sheehan? Yes. And Vice Mayor Wu? Yes. Thank you. Thank you. Those all pass. When you're ready, if you'll give first reading to resolutions, please. Item 18, a resolution amending resolution number 42-2022 as previously amended by resolution number 163-2023 to increase cost of easement acquisition and other property rights necessary for the Wolf Run Trunk F Sanitary Sewer Project and remedial measures project required by the Consent Decree by $31,600 from $134,614 to $166,214, item 19. A resolution authorizing directly to the mayor on behalf of the Indiana Government as the collaborative applicant to execute and submit the 2023 Continuum of Care Grant Application to the United States Department of Housing and Urban Development HUD to provide any additional information requested in connection with this grant application which seeks up to $2,599,529 in federal funds for the operation of programs by community nonprofit organizations to reduce homelessness in Lexington and Fayette County, and to accept an amount up to $118,885 of the grant funds if the application is approved for project planning expenses related to monitoring programs funded by the grant, the extent of which obligates the urban county government for the expenditure of an amount up to $29,722 as a local match and authorizing the mayor to transfer other funds within the grant budget. Item 20. A resolution on authorizing direct the mayor and behavior of the mechanic government to execute an amendment with Medaware for amending the scope of work for the community paramedicine team. Item 21. A resolution on establishing Bird Dine Security Group as a sole social provider of electronic access systems for the Division of Facilities and Fleet Management and authorizing mayor or designee on behalf of the mechanic government to execute any necessary agreement with the Bird Dine Security Group related to the procurement of these goods and services. Item 22. A resolution authorizing directly to the mayor and behavior beginning to execute an agreement with 911 cellular for software license at a cost network seat $11,790. Item 23. A resolution authorizing directly to the mayor and behavior to execute change order number 8 to the agreement with ATS construction for the town branch trail phase 6, increasing the contract price by $468,463.62 and raising the total contract price to $5,692,528.37. Item 24. A resolution authorizing Dorothy Mayer on behalf of Rebekanig Government to execute contract modification number 9 to the agreement with Gresham, Smith, and Partners for Construction Administrative Services related to the Town Branch Commons Corridor Project at a cost not to exceed $100,404, item 25. A resolution authorizing Dorothy Mayer on behalf of Rebekanig Government to execute an agreement with Institute of Police Technology Management for 30 officers to attend four IPTM courses at a cost not to exceed $57,000, item 26. A resolution authorizing Dorothy Mayer on behalf of Urban County Government to execute amendment number two to the Public Transportation Grant Agreement to the Kentucky Transportation Cabinet to accept additional Commonwealth of Kentucky funds in the amount of $72,600, the extent to which obligates the Urban County Government to do the expenditure of $18,150 as a local match, and to extend the period of performance through June 30, 2024 for federal transit administrative section 5303 grant awarded for transportation planning activities under the Unified Planning Work Program and authorizing Mayer to transfer adequate funds within the grant budget. Item 27. A resolution authorizing to direct the mayor on behalf of the government to execute an agreement related to neighborhood development funds with Kentucky Conference of Community and Justice DBA, the Plantry 900, Natalie Sixth District Incorporated, 1350, 16th District PTA Incorporated, Mary Todd Elementary, PTA 1000, and the Lexington Striders Incorporated $500 for the Office of the Urban County Council. A resolution establishing a residential parking permit program for the 300 block of Marino Street, the 300 block of Madison Place, 700 and 800 blocks of West Maxwell Street, the 700 and 800 blocks of West High Street, and 628-630 West High Street, 24 hours per day, Monday through Sunday. Item 29. A resolution said that a bid of LACO Incorporated in the amount of $564,239 from Metathorpe Subdivision Stormwater Improvements for the Division of Water Quality and Authorizing Mayor on behalf of the Urbic County Government to execute an agreement with LACO Incorporated related to the bid. Item 30. A resolution said that a bid of a MAC construction and excavating incorporated in the amount of $3,570,000 for Parker Milk Trunk Sewer F for the Division of Water Quality and authorizing Mayor on behalf of the Airby County Government to execute an agreement with MEC Construction and Excavating Incorporated related to the bid, item 31. A resolution of something in a bid of Innovative Demolition Services LLC in the amount of $32,417 for Douglas Pool Demolition for the Division of Parks and Recreation and authorizing Mayor on behalf of the Airby County Government to execute an agreement with Innovative Demolition Services LLC related to the bid, item 32. A resolution of something in a bid of Tekton Construction LLC in the amount of $1,222,158.52 for Cardinal Run Park North restroom and maintenance buildings for the Division of Parks and Recreation and authorizing mayor on behalf of the Urban County Government to execute an agreement with Tecton Construction LLC related to the bid. Item 33. A resolution specifying the intention of the Urban County Council to expand and extend the full urban service district number one to provide street cleaning or street light street cleaning and garbage and refuse collection funding the need for the service in the area and finding the ability of the Urban County Government to provide the service in this area which areas defined as certain properties on the following streets Angus Trail, Ash Rapids, Barley's Pass, Bay Shoals Drive, Butterfield Way, Butter Milk Road, Calendula Road, Cravat Pass, Dockside Park, Eden Cove, Flying Ebony Drive, Harrison Trace, Haywood Cove, Holly Shock Drive, Huntley Place, Koa Park, Meadowlark Road, Night Heron Way, Peaks Mill Drive, Squirrel Nest Lane, Stolen Horse Trace, Twilight Shadow Drive, Wading Creek Trail, White Oak Trace, Wildflower Way, Versailles Road, and Wyndham Hills Drive. Item 34, a resolution specifying the intention of the urban county council to expand and extend partial urban service district number three to provide garbage and refuse collection, finding a need for the service in the area included in finding the ability of the urban county government to provide the service in the area which area is defined as certain properties on Liberty Road. Item 35, a resolution specifying the intention of the Urban County Council to expand and extend partial urban services district number five to provide street lighting, garbage, and refuse collection, finding a need for the service in the area, and finding the ability of the Urban County Government to provide the service in this area, which areas define as certain properties on the following street. Clemens Drive, Fox Basin Road, Langhorne Drive, Neal Drive, North Bay Drive, Quebec Way, Retrack Road, Sawyer Court, Shirley Drive, and Stillwater Road. Item 36, a resolution authorizing to direct the mayor on behalf of Urban County Government to execute an agreement. the final form of which is subject to the approval of the Department of Law and Division of Grants and Special Programs with Davis Park Station Limited Liability Limited Partnership under the Home Investment Partnership Program to allocate $950,000 of federal funds awarded under the American Rescue Plan Act, ARPA, to construct five units of housing and to provide housing and supportive services to individuals and households who are homeless, at risk of homelessness, or other vulnerable populations, and to further authorizing the merit to execute any amendments related to this agreement. Item 37. A resolution amending Resolution 457-2020 is previously amended by Resolution 162-2022 and 250-2022 to increase the cost of easement acquisition and other property rights necessary for the New Circle Road Trunk Sewers A and B Project, a remedial measure project required by the consent decree by $30,635 from $132,413.27 to $163,048.27, item 38. I resolution authorizing Director Mayor on behalf of our Mechanic Government to execute partial release of easement releasing a portion of sanitary sewer easement on the property located at 555 East 5th Street, Item 39. I resolution authorizing Director Mayor on behalf of our Mechanic Government to execute a purchase of service agreement with the Bluegrass Area Development District for FY 2024 local dues payment to support aging services, workforce development, and regional planning at a cost to receive $61,288.30, Item 40. A resolution authorizing and direct the mayor on behalf of her beginning to execute a purchase of service agreement with the Bluegrass Area Development District to provide a regional match to the state-funded home care program at a cost not to exceed $48,610. Item 41. A resolution authorizing and direct the mayor on behalf of her beginning to execute an agreement with LexisNexis Risk Solutions for sharing of crime data at a cost not to exceed $4,800. Item 42. A resolution authorizing Director of Mayor on behalf of Urban County Government to execute an agreement with Atlantic Emergency Solutions for full refurbishment of a 2003 Pierce-Ladder truck at a cost that would exceed $1,151,760. Item 43. A resolution authorizing Mayor on behalf of Urban County Government to execute an agreement with Kathy H. Witt, Sheriff of Fayette County, for the collection of ad valorem urban service district taxes for the 2023 property tax year at a cost that would exceed $350,000 with the payments to be treated as a commission and the Urban County Government to receive any related payment, $87,500. from the Commonwealth of Kentucky. Item 44. A resolution authorizing directly on behalf of the Attorney General to accept a donation from Kentucky Office of the Attorney General of 200 Deterra Drug Deactivation System Bags for use of the Community Pair Medicine Program at no cost to the Urban County Government. Item 45. A resolution authorizing the mayor on behalf of the Attorney General to execute change order number three to the contract with EOP Architects for Design Services of the Elevator Repairs for the Government Center, increasing the contract price by the sum of $9,740 from $96,172.28 to $105,912.28, item 46. A resolution authorizing the Director of the Mayor on behalf of the Urban Economic Government to execute an agreement with New Life Day Center Incorporated for operating costs and capital improvements at a cost note to see $154,959 and further authorizing the Mayor to execute any necessary amendments with New Life Day Center Incorporated related to these funds, item 47. A resolution authorizing the Director of the Mayor on behalf of Urban Economic Government to execute an agreement with the Kentucky Office of Homeland Security under the FY2021 State Homeland Security Grant Program for the Division of Police Air Support Unit, extending the period of performance through June 30, 2024, and further authorizing the mayor to execute any other necessary amendments related to this agreement. Item 48. I resolution authorizing the mayor on behalf of the mechanic of the neighborhood action match grant program contracts with Andover Forest Homeowners Association, 7,500, Andover Neighborhood Association, 7,500, Beaumont Residential Association, 7,500. Bent Tree Condominium Association, 7,500. Cumberland Hills Association, 1,782. Duff Creek Town Home Owners Association, 7,275. Glen Eagles Owners Association, 7,500. Gratz Park Neighborhood Association, 3,000. Heritage Place, 7,450. Lexington Court Town Home, 7,500. Maine and Rose Condo Association, 5,531. Palomar Hills, 7,450. Palomar Reserve, 7,500. Pensacola Park, 2,140. Pickett & Neighborhood Association $1,500, Pinnacle Homeowners Association $7,500, The Gardens at Heartland HOA $7,500, West Wind Homeowners Association $500, and Willow Oak Homeowners Association $2,491 for the purpose of carrying out various neighborhood activities and improvements for FY2024 at a cost of received $130,619, item 49. A resolution authorizing and direct the mayor on behalf of the American government to accept an award from Community Action Council for Lexington, Fayette, Bourbon, Harrison, and Nicholas Counties, Inc., in the amount of $48,309.12, in federal funds for the provision of early childhood care and education services under the Early Head Start Program of the Family Care Center for FY 2024, the extent to which obligates the American government to the expenditure of $12,077.28. This is a local match and authorizing the mayor to transfer and adequate funds within the grant budget. Item 50. A resolution authorizing and directing mayor on behalf of Urbany County Government to accept an award of an additional $264,402 in federal funds in the American Rescue Plan Act, ARPA, from the Kentucky Cabinet of Health and Family Services Department for Community-Based Services to support child care expenses at the Family Care Center, the extent to which it does not obligate the Urbany County Government to the expenditure funds and authorizing mayor to transfer to Ennecred funds from the grant budget. Item 51. A resolution authorizing and direct the mayor on behalf of the mechanical government to accept a grant from the Kentucky Board of Emergency Medical Services of $10,000 in Commonwealth Kentucky funds for the Division of Fire and Emergency Services for FY 2024, the extent of which does not obligate the urban county government to the expenditure funds and authorizing mayor to transfer undergrant funds within the grant budget. Item 52. A resolution authorizing and direct the mayor on behalf of the government to execute an agreement with the Kentucky Office of Homeland Security under FY 2021 State Homeland Security Grant Program for the Division of Police Hazardous Device Unit, extending the period of performance through June 30, 2024, and further authorizing the mayor to execute any other necessary amendments related to that agreement. Item 53. A resolution authorizing and direct the mayor on behalf of the government to accept a grant from Kentucky Justice and Public Safety Cabinet, which grants in the amount of $30,000 in federal funds for the continuation of the street sales Drug Enforcement Project for FY 2024, the acceptance of which obligates the urban county government for the expenditure of $13,684 as a local match and authorizing mayor to transfer unaccured funds in the grant budget, N-54. A resolution authorizing director of the mayor on behalf of urban county government to execute modification number 1, an agreement, 2, and an agreement with the Commonwealth of Kentucky Department of Military Affairs for the Division of Emergency Management for the Emergency Generator Project at the Division of Streets and Roads to include additional language to the agency terms and conditions, item 55. A resolution authorizing and directing mayor on behalf of American County to execute an agreement related to neighborhood development funds with Frankie's Corner Little Thoroughbred Crusade, Inc., Lafayette High School Cross Country Booster Club, Inc., 650, 16th District PTA, Inc., Yates Elementary PTA, 1000, and American Heart Association, Inc. $250 for the office of American County Council to cost not to see the sum stated item 56. A resolution amending Appendix A, Rules and Procedures, the Lexington Fair Urbany and Council as follows. Amending Section 4.106 related to public comment during meetings to set forth the process of public comment at council meetings and council work sessions and to adopt guidelines for public participation in council meetings and council work sessions. Amending Section 4.107 related to distribution of information materials by members of the public during meetings to provide for materials to be distributed to council by placement in a tray outside of council chambers. and amending Section 4.108 relating to public hearings and public forums and to delete a redundant provision related to public comment. Item 57. A resolution authorizing Director of Mayor on behalf of the Becadier Government to execute an amendment to the purchase of service agreement change order number one with Ernst & Young LLP to provide additional services related to the new City Hall procurement at a cost to exceed $34,000 for Task A RFP drafting services and estimated not to exceed $40,000 for Task B RFP response review services if needed. And item 58, a resolution condemning necessary permanent and temporary easements across the property located at 2710 Sullivan's Trace for the Spur Road and Dotson Pump Station Elimination Project and authorizing the Department of Law to institute condemnation proceedings in Fayette Circuit Court. Thank you. Thank you. Are there any walk-ons? Council Member Sheehan. Thank you, Mayor. Colleagues, I have a walk-on related to the email that we got from Commissioner Lanter earlier today. I move to place on tonight's docket a resolution authorizing the mayor to execute, one, a subrecipient agreement with the Hope Center, allocating $1,072,000 in funding under the American Rescue Plan Act for the operation of temporary warming shelters this winter, and two, a license and release agreement with the Hope Center and the YMCA authorizing access to the YMCA's property for the location of these warming shelters. So moved. Thank you. Council Member Fogle seconds. Any questions? Yeah. We'll do hands. Council Member Ellinger. Thank you, Mayor. Charlie, could you read in your email, where is the location? Was there 160 and they're going to be between the Hope Center and the Y? Is it on the Y property? Yes, so the location is the corner of Loudon Avenue and Setzer Way, which is the private drive that runs right across from the Hope Center. The land is actually so close you could throw a rock and hit the Hope Center. It's right across the street. The property is owned by the North Lexington YMCA. Their board has approved this. Their board has approved use of the land for this purpose. We're only using the corner, the very corner piece of the property. If you're familiar with that site, there's a practice field next to the building. Yeah, that's where that field is. Yeah, we're not using the practice field. If you go down the little slope there, it's just that corner. And that's what, from November 1st to March 31st? Yes, sir. Okay, thank you. Okay, any other questions? Council Member James Brown. Thank you, Mayor. And Charlie, thank you and your team for the work that y'all have done on this. We've had several conversations about it, and I think you told me y'all have been working since March of this year trying to look and find a location. My concern, and I'll just express them, and I've expressed them in the past, is just the concern of concentrating, to continue to concentrate services in an area that borders neighborhoods and then surrounding businesses. I'm just concerned of the impact that it's going to have on these neighborhoods that are in this area and these businesses if we don't do everything that we can to make sure that it stays safe and that we can provide services without negatively impacting the area. So I would just ask you and your team to continue to reach out and work with other partners that are in this space, that if there's a way to decentralize these services to do that, if there's a way to continue to partner to provide the best service that we can as we make sure that folks stay warmed in the winter to do that. And then I also received a letter today from one of the businesses in the area, and they shared some of the issues that they've been dealing with lately. And they also stated that they definitely believe that we need to provide services to folks that need it, and they're willing to even kick in and pay and to contribute to those efforts. They just want to make sure that we're doing everything to keep their employees safe, to keep the folks in that neighborhood and that area safe. So I just ask that we be as responsive as possible when we hear of issues and concerns that may arise going forward. So thank you for your work on this, and thank you, Mayor. Yes, thank you. Anyone else have questions? Council Member Gray. Thank you, Mayor. Commissioner Lanter. And in respect to what Council Member at Large, James Brown, said, what steps have you all, do you have planned to keep the individuals in the neighborhood safe? Because that is an ongoing issue. Yes. So part of the contract and the expenses that are budgeted will pay for this includes 24-7 security through a private security company that will have three individuals on site at all times. We were also agreed to construct a temporary fence. It's not necessarily going to be around all four sides of the project, but it will delineate between the project and the Wise property and the Legacy Trail as well. So it would direct any traffic not towards the Wise and Legacy Trail, but back towards the Hope Center. I mean, I believe that we must ensure that our residents are safe while ensuring that those seeking help have dignity in doing so. And I know that you're going to make sure that's on the forefront. Thank you. And thank you. Yes, thank you. Other questions? All right. All those in favor of walking that item on, please say aye. Aye. Is anyone opposed? All right, that motion passes. Council Member Reynolds. Thank you, Mayor. I have a walk-on. On behalf of the administration, I move to place on tonight's docket a resolution accepting the bid of Lagco, Inc. in the amount of $1,411,847 for the Main Street Baptist Church parking lot renovation, Jefferson Street Viaduct for the Department of Environmental Quality and Public Works, and authorizing the mayor to execute an agreement with LICO, Inc. related to the bid. So moved. Council Member James Brown seconds. Are there any questions? This is the project on the viaduct, which you all approved some time ago. So this is the bid. All right. All those in favor, say aye. Aye. Is anyone opposed? Thank you. That passes. Council Member James Brown. Oh, okay. All right. Thank you. Are there any other walk-ons? All right. If you will please give those first reading. Item 59, a resolution authorizing and directing the mayor on behalf of every county government to execute an agreement with the Hope Center Incorporated, allocating $1,072,000 in funding awarded into the American Rescue Plan Act, ARPA, to provide temporary warming shelters this winter, and also authorizing the mayor to execute an agreement with the Hope Center Incorporated and the Young Men's Christian Association of Central Kentucky Incorporated, YMCA, to locate these warming shelters on YMCA property and authorizing the mayor to execute any necessary amendments with the Hope Center and or YMCA related to this project. Item 60. A resolution accepting a bid of LACO Incorporated in the amount of $1,411,847 for the Main Street Baptist Church parking lot. Renovation Jefferson Street for the Department of Environmental Quality and Public Works and authorizing the mayor on behalf of the Army County Government to execute an agreement with LACO Incorporated related to the bid. Thank you. Thank you. Are there any motions to suspend the rules and give second reading? Council Member Fogle. Thank you, Mayor. On behalf of the administration, I move to suspend the rules for a second reading. It is my honor for the resolution for the demolition to start for Douglas Fu that has been standing since 1920. So moved. And that's number 31. Number 31. Thank you. Is there a second? All right. Any questions? All those in favor, say aye. Aye. Anyone opposed? All right. That motion passes. Council Member Sheehan. Thank you, Mayor. I have two. The first is item number 19. So I move to suspend the rules and give second reading to resolution number 19, which is to execute and submit the 2023 Continuum of Care Grant application to the United States Department of Housing and Urban Development. So moved. Is there a second? Vice Mayor Wu seconds. Are there questions? All those in favor say aye. Aye. Is anyone opposed? All right. That motion passes. Council Member Baxter. I still have one more, Mayor. I'm sorry. You didn't do your second one, did you? I make the motion to suspend the rules and give a second reading to resolution number 59, the one we just walked on for the warming shelters. All right. Is there a second? Second. All right. Council Member Fogle seconds. Any questions? All those in favor, say aye. Aye. Is anyone opposed? No. All right. We have one new vote. Council Member Fred Brown. Okay, thank you. Council Member Reynolds. Council Member Baxter, I'm sorry. Thank you, Mayor. On behalf of the administration, I move to suspend the rules and give a second reading to item number 22. And this is to execute an agreement with 911 Cellular. So moved. Okay, Council Member Plumman seconds. Are there questions? All right, all those in favor, please say aye. Aye. Is anyone opposed? All right. That motion passes. I have one more, too. Okay. I move to suspend the rules to give second reading to item number 57. This is in regards to our RFP for City Hall. Ernst & Young. For Ernst & Young. Yes. Thank you. All right. Is there a second? Second. Council Member Legree seconds. Are there questions? All those in favor, say aye. Aye. Is anyone opposed? All right, that motion passes. Now, Council Member Reynolds. Thank you, Mayor. I have two items. The first is 53. On behalf of the administration, I move to give second reading to item 53, which is to accept a grant from the Kentucky Justice of Public Safety Cabinet. And this is for street sales and drug enforcement project. Thank you. Is there a second? Council Member Lynch seconds. Any questions? All those in favor, say aye. Is anyone opposed? All right, that motion passes. The second item is number 60, what we just walked on about Main Street Baptist Church. So I move to suspend the rules and give second reading on item 60. Second. Thank you. Council Member Gray seconds. Are there any questions? All those in favor, say aye. Aye. Anyone opposed? No. All right. We have one no vote. Council Member Fred Brown. Council Member Plowman. Thank you, Mayor. I move to suspend the rules and give second reading to resolution number 32, and that is to accept the bid of Tektron construction for the maintenance buildings at the Cardinal Rent Park North. So moved. All right, Vice Mayor Wu seconds. Are there questions? All those in favor, say aye. Aye. Is anyone opposed? All right, that motion passes. Councilmember Plumman, did you have a second one? I did not. Oh, okay. So are there any other motions to suspend the rules? We have number 19, number 22, 31, 32, 53, 57, 59, and 60, correct? I do have another one. Oh, okay. Councilmember Plumman. Thank you, Mayor. Sorry about that. I move to suspend the rules and give second reading to number 46. And this has to do with the Life Day Center that we talked about the other day. So moved. All right. Second by Councilmember Fogle. All right. Any questions? All those in favor, say aye. Aye. Aye. Is anyone opposed? All right, that motion passes. Okay, I think I don't see any more motions, so I think we're ready for those second readings. Thanks. Item 19, a resolution of authorizing the Dersing Mayor on behalf of the American Government as the collaborative applicant to execute and submit the 2023 Continuum of Care grant application to the United States Department of Housing and Urban Development HUD to provide any additional information requested in connection with this grant application, which takes up to $2,599,529 in federal funds for the operation of programs by community nonprofit organizations to reduce homelessness and in Lexington Fayette County, and to accept an amount up to $118,885 of the grant funds if the application is approved. For the project planning expenses related to monitoring programs funded by the grant, the extent of which obligates the urban county government to the expenditure of an amount up to $29,722 as a local match, and authorizing the mayor to transfer out of funds within the grant budget. Item 22. A resolution of authorizing directing the mayor on behalf of urban county government to execute an agreement with 911 cellular for software license at a cost to receive $11,790. Item 31. I resolution accepting the bid of Innovative Demolition Services, LLC, in the amount of $32,417 for the Douglas Pool Demolition for the Division of Parks and Recreation and authorizing the mayor on behalf of every county government to execute an agreement with Innovative Demolition Services, LLC, related to the bid. Item 32. A resolution of Tecton Construction Incorporated in the amount of $1,222,158.52 for the Cardinal Run Park North Restroom and Maintenance Buildings for the Division of Parks and Recreation. Authorizing the Mayor on behalf of the Urban Mechanic Government to execute an agreement with Tecton Construction LLC related to the bid. Item 46. A resolution authorizing to direct the mayor on behalf of the county government to execute an agreement with New Life Day Center incorporated for operating costs and capital improvements at a cost to exceed $154,959 and further authorizing the mayor to execute any necessary amendments with a New Life Day Center incorporated related to these funds. Item 53. A resolution authorizing and direct the mayor on behalf of the urban county government to accept a grant from the Kentucky Justice and Public Safety Cabinet, which grant funds are in the amount of $30,000 in federal funds for the continuation of the street sales drug enforcement project for FY2024, the exception which obligates the urban county government to free the expenditure of $13,684 as a local match, authorizing the mayor to transfer adequate funds within the grant budget. Item 57. A resolution of authorizing and direct the mayor on behalf of Herbic County Government to execute an amendment to the purchase of service agreement change order number one with Ernst and Yen LLP to provide additional services related to the new city hall procurement at a cost not to exceed $34,000 for task A RFP drafting services and estimated not to exceed $40,000 for tax B RFP response services if needed. Item 59. A resolution authorizing the Director and Mayor on behalf of every county government to execute an agreement with the Hope Center Incorporated allocating $1,072,000 in federal funding awarded under the American Rescue Plan Act, ARPA, to provide temporary warming shelters this winter and also authorizing the Mayor to execute an agreement with the Hope Center Incorporated and the Young Men's Christian Association of Central Kentucky Incorporated, YMCA, to locate these warming shelters on YMCA property and further authorizing the Mayor to execute any necessary amendments with the Hope Center and or YMCA related to this project. In item 16, a resolution accepting the bid of Leco Incorporated in the amount of $1,411,847 for the Main Street Baptist Church parking lot renovation Jefferson Street Viaduct for the Department of Environmental Quality and Public Works and authorizing the mayor on behalf of the American government to execute an agreement with Leco Incorporated related to the bid. Thank you. Thank you very much. Now, is there a motion to approve? Motion approved. Second. Okay, Council Member Gray seconds. And when you're ready, if you'll take a roll call vote, please. Council Member Brown? Yes. Council Member James Brown? Yes. Thank you. Council Member Ellinger? Yes, ma'am. Council Member Elliott Baxter? Yes, ma'am. Council Member Fogle? Yes, ma'am. Council Member Gray? Yes. Council Member Legree? Yes. Council Member Lynch? Yes. Council Member Minares? Yes. Council Member Plowman? Yes. Council Member Reynolds? Yes. Council Member Sheehan? Yes. And Vice Mayor Wu? Yes. Thank you. All right. Thank you. Those all pass. Now, I'll entertain a motion to approve the communications from the mayor. So moved. Vice Mayor Wu and then Council Member Gray seconds. Are there any questions? All those in favor, say aye. Aye. Is anyone opposed? All right. That motion passes. Next, we have price contracts. If I could have a motion. I move. Council Member Plowman and second by Council Member Baxter. Are there any questions? All those in favor, please say aye. Aye. Is anyone opposed? All right, that passes. Council Members, you have communications from the mayor for your information only. And that leads us to disciplines, and I believe Chief Weathers has two. Welcome, Chief. Hello, Mayor, Council. I guess you all know by now I hate reading these, but it's part of my job, so I got to do it. First one on May 23rd, 2023, an internal formal complaint was made that Detective Sean Stafford violated General Order 1973-02K, Disciplinary Procedures of Sworn Officers, Appendix B, Operational Rule 1.25, Use of Alcohol, Illegal Drugs, and Legal Drugs on Duty. At the conclusion of the investigation, the employee met with me and has accepted a six-month suspension without pay, mandatory employee assistance program, and a fit-for-duty test prior to returning to the police department. Detective Sean Stafford was served with a letter of random drug and alcohol testing. Detective Stafford reported and completed the testing. On the same date, an administrative specialist with the Division of Human Resources notified the Chief's Office to remove Detective Stafford from the workplace and immediately, as his random drug test results were positive. Detective Stafford's test results were above the established minimum level and in violation of policy. This is Detective Stafford's only formal complaint since his hire December 10, 2007. Thank you. Do I hear a motion? Right. Council Member Baxter seconded. Council Members, do you have any questions for Chief Weathers? Council Member James Brown. Thank you, Mayor. Chief, you said how long has he been on the department? Fifteen years. Fifteen years, and this is his first offense? Yes, sir. Is there, so you met with this officer when you established a discipline. Is there any additional information that was shared in confidence that can't be shared with us in regards to how you made the decision on the discipline? Yes. Okay. All right, thank you, thank you, Chief. Thank you, Mayor. Thank you. Councilmember Fogle. Thank you chief. This is a hard one. Sworn to protect and to serve and I've sat in many of courtrooms on first offenders who received jail time, had good jobs, parents. And this is hard, but I trust you and your judgment right now. But I just want to just make that comment that I don't even really know what to say that I'm just disappointed. And somehow we have to balance this justice between officials and community. So, but I just want to make that statement and I hope he gets the treatment that he needs. Let me say this to you. You could have been sitting in the room when I was talking to that detective because that is almost verbatim what I said. I've been doing this for a long time. I've been a police supervisor for quite a while, and I've had incidents like this as I was assigned to then Internal Affairs, which is now Public Integrity and investigating situations just like this. What I've noticed is that when you're talking to these people, and I won't refer to them as officers because there are people, that oftentimes there's a revelation that occurs. Sometimes they're unaware of some other issues outside of the substance abuse or substance issues that they have. And I've found that often time can help overcome those. And from my standpoint, as much time as you can give or provide to help them overcome it, it's better. not just better for the officer or the person involved, but also better for the community and better for my police department. And talking to the people that I talk to, they have to make a commitment. They have to make a commitment that they're going to be worthy to have this badge. And I thank you for that comment. It's just that I received 10 years for it. And I understand that. Officer. I understand that. And I do realize that they're held to a higher standard. But my heart still goes out because I know that recovery signs you. So I thank you. And I've worked in the narcotics unit and I've sat there in court and I told the judge they do not need to go to jail because they deserve another chance. And if it's anything I can do to help somebody and they're willing to have that commitment, that's what being a leader is all about. Thank you for your compassionate heart. Thank you. Thank you, Council Member Gray, did you have a question? Thank you, Mayor. Police Chief Weathers. Yes, ma'am. So in the protocol for when an officer is basically on the street for this amount of time, is it also mandated treatment or anything else on top? For this one? I don't know if you can say. No, it's in here for this one. Okay. They are going to the employee assistance program. I couldn't hear you. They are going to the employee assistance program. That's part of them being able to come back. And when it's time for them to come back, there will be a fit for duty assessment. And what does that encompass? Mental, physical, whether or not they're prepared to come back to be a police officer. Thank you, sir. Thank you, ma'am. Thank you. Are there any other questions for Chief Weathers? All right, all those in favor of approving the discipline, please say aye. Aye. Is anyone opposed? All right, that motion passes. One more, bear with me. On May 19, 2023, an internal formal complaint was made that Officer Caleb Crony violated General Order 1973-02K, Disciplinary Procedures of Sworn Officers, Appendix B, Operational Rule 1.35, violating any rules of the department. General Order 2011-08F, Emergency Pursuit Driving, Operational Rule 1.04, Body-Worn Camera Procedures, and Operational Rule 1.13, Operational Vehicles. At the conclusion of the investigation, the employee met with me and has accepted two-week suspension without pay and 30-day suspension of home fleet. Officer Caleb initiated a pursuit with a vehicle that pointed a firearm at him while he was driving by. Officer Crony pursued the vehicle at high rates of speed the wrong way down one-way street while disregarding traffic control devices. The charges did not outweigh the danger of the pursuit, and Officer Crony did not self-terminate. Officer Crony did not start his body-worn camera upon initiating the pursuit. He had a late activation. Officer Crony was also not wearing a seatbelt during the incident. Officer Crony took full responsibility for the incident and his violation of policy. This is Officer Crony's first formal complaint since his employment in January of 2020. All right. I'll entertain a motion. Thank you. Council Member Reynolds. And who seconded? Council Member Baxter. All right. Do you have any questions for the chief? Vice Mayor Wu. Thank you, Mayor. Thank you, Chief. What is the LPD's policy generally when it comes to pursuits? If the danger of the pursuit outweighs what the charges are, putting other people's lives at risk when you're not trying to stop somebody who is actively involved in endangering somebody else's lives, we're to terminate. That includes driving down a one-way street in a populated area, driving the wrong way, getting in an opposing lane of traffic or anything like that. That's just way too dangerous. There's other methods we have now, and we try to impress that upon our officers. We know that they can get emotionally involved, but they have to separate themselves from that, and they have to think, and they have to be professional. So in these kind of instances, how do you balance sort of more set policy with specific scenarios, like in this case you do, in this case you don't, and how do you balance that with personal judgment of the officer in that moment? The supervisors, we try to have the supervisors monitor, and that means the officer has to be given good radio communication. If they're not, it's hard for the supervisors to make a decision on that. So the supervisors are there as a second stopgap for that. And then if there's a duty commander or another supervisor out there, they can also terminate the pursuit. The officer can terminate the pursuit at any time. But even if a supervisor doesn't step in, it's the officer's responsibility to recognize those dangers and act accordingly. If I understand correctly, there seem to be multiple violations of policy, not wearing the seatbelt, not turning on the camera, the body cam, and then the pursuit itself, right? Is there anything else besides those three that I'm thinking of? Seatbelt, I think that's it. Okay. When you look at that, so I'm sure you all have probably had instances where an officer has not worn a seatbelt and that's the only violation. Yes. Or not turned on the body cam and that's the only violation. Yes. When you consider three violations kind of put together, are you all looking at what the normal discipline would be for each of those and kind of adding on? How do you determine what the ultimate discipline is there? You look at, well, I personally, I look at past discipline and some of the things that are similar to that. And this discipline matches up with that. Maybe not the body camera. It may not be body camera, but it may be something else. So maybe I'll be seatbelt, but it may be something else. And this discipline matches up with that. Can you repeat what the discipline recommendation is? It is a two-week suspension without pay, and upon return to duty, a 30-day suspension from home fleet. That means they can't take their car home for 30 days? Yes. Is that right? Yes. Can you tell us what the discipline recommendation would be if an officer on a first offense just didn't wear a seatbelt, that by itself? It depends on what the circumstances are. That's why I talk to them. There's no set penalty. Some of them there are. I know for body camera it might be one day or written reprimand, but for seatbelts and stuff, it just depends on what the circumstances are. Would that be your same answer if I asked you about just not turning on a body cam, starting a pursuit? It's written. It's in policy about body cameras. sometimes and sometimes that open but it also depends on what the situation is because i can tell you right now if you don't turn it on for use of force it's going to be higher okay i i guess for me i'm i'm trying to um reconcile like what feels to me like the right amount of discipline and trying to base that on what your past kind of policies are and it feels harder to do for me if it is everything's kind of mixed in together and depending on the situation. Yeah, and I understand that. That's why it's hard to come before the council. You know, that's why I have to use my experience not just as a police chief, but as a police officer and a police supervisor, and I have to incorporate all of that in, and I have to look at past events so I can make a fair decision. Michael, since our parliamentarian isn't here, and I don't think we've run into this sort of in the past, If we, the council, were to want to, is this an up and down vote on police discipline or can we make recommendations or do we simply send it back if we disagree with it? I think you send it back. At this point, the agreement of conformity is being presented to you, so it's a take it or leave it proposition. And I think the council on occasion has sent a discipline back to the chief. I remember one in fire. So you're answering that it is an up and down vote, but we can't make an amendment, so to speak. You can't modify from the recommendation, but you can send it back. Gotcha. I would just reiterate that it's kind of a take your leave at this point. And that's the best I can give you in terms of guidance. That's fine. And one last question, Chief. Is there such thing for this level of offense or a combination of offenses? is there such thing as a cap or a maximum level of discipline that you would recommend? Or is it completely subjective? Again, every situation is different, and I have to look at the circumstances and what's involved. Obviously, it's going to be different if there was a collision or a fatality involved in it. It would be different. But these right here, if I can find something similar in the past, that's what I'll go by. And I also have to look at what the public might think about it as well. Yeah, I understand the point about if the outcome had been different, but there's a part of me that personally I don't like the idea of it being outcome driven just because we got lucky and nobody died or a worse situation didn't happen to me, it wouldn't seem like necessarily the discipline should be less than if somebody had died or if some larger thing that happened, but that's just my opinion. Yeah, and I know. Unfortunately, life is like that. Life is driven by outcomes. The decision I make is not just punitive. It's learning as well. So I have to take that into account, too. When I have an officer, with the time on that they have, I have to make sure I send a message that this is not acceptable. But I also have to make sure I send a message that they learn from it as well. Gotcha. Thank you, Chief. Thank you, Mayor. Thank you. Council Member LaGree. Thank you, Mayor. Thank you, Chief. I had a question just about the technical function of body-worn cameras. So typically, would the officer have to manually turn them on or are they linked at all to any other kind of technology in the car like the sirens or how does that work? Can you explain that to me? Right now, they have to manually activate it, but we are looking at technology. We're testing technology right now to where the camera comes on automatically when the lights and sirens, or when the lights are activated. Okay, I didn't know enough about- And again, when the body cameras, our policy requires as soon as you initiate the pursuit to activate it. Again, we're looking at this in technology because we realize people do get excited and maybe forget some things. So that's why we're looking at the new technology. Okay, thank you for sharing that. That's useful information. Thank you. That's it, Mayor. Thank you. Council Member Fogle. Thank you, Mayor. Just a quick question. On the onset, did you say that there was a gun involved and that's why they went down the one way? The officer was, I think maybe at a light or sitting somewhere parked and the car drove by him and they pointed a gun at the officer. But he didn't have his body cam on so the officer gave that report? At that time he didn't have his body camera on and he got on the radio and said they just pointed a gun at me and went after him. And when he went after him, he activated his lights and sirens. And then later after that, activated his body camera. And he called for backup? Well, yeah, on the radio, when you initiate a pursuit, backup will come for you. Okay. I just, thank you. You're welcome. All right. Are there any other questions for the chief? All those in favor of approving the discipline, say aye. Aye. Is anyone opposed? Aye. We have one no vote, Council Member Fogel. All right, that motion passes. Thank you, Chief Weathers. Thank you all. Thank you all very much. Now it's time for council announcements. Vice Mayor Wu. Thank you, Mayor. I think we've got some pictures. Had a fun week slash weekend of really interesting stuff that I would love to share with everybody. Started off about a week ago, I went to the CSEP exercise, which is Chemical Stockpile Emergency Preparedness Program. It's a federally mandated exercise because we have the Bluegrass Army Depot down in Richmond with the chemical stockpile. And so the whole point of this is to see if all of our emergency responders and all the different agencies are prepared for sort of a mass emergency situation. So I showed up as a volunteer. I was given or I chose to have a pet, a fake pet here, a stuffed animal. I had a diabetic cat. So that was a situation that I had to deal with with the first responders. And then I also chose myself to also not speak English. and I thought that was actually handled really well by the responders in that one set of folks ended up pulling up Google Translate, and we were able to communicate. I was speaking Mandarin, and another time they actually got me through the language line, which is great. This past weekend was the fourth annual Pride Run. They had their biggest turnout yet with 400 runners runners and raised almost $25,000, funds going towards LGBTQ scholarships, regional pride festivals, and more. So it was a super great day. We have a clip of just the beginning of the race. We had a little colorful smoke there, and this video is like about a tenth of the entire thing. I mean, just people just kept on coming. Super fun. I got to hand out some awards to some of the different winners here coming up, which was a fun privilege, different categories, men, women, and non-binary, and then, of course, we had drag kings and drag queens perform as it is Pride Run. Since our colleague Dave Zivigny is not here, I will represent for the 10th, the musical capital of Lexington. I went to the last Tall Sound concert of the year. It was a super fun show. There's an inflatable alligator somewhere there in the air, and it's such a great series going on there. And then lastly, I attended the CASA Fall Festival. For those who don't know, CASA stands for Court Appointed Special Advocate. It's a group of folks that basically represent and advocate for children in abuse, neglect, and dependency cases. There I am with my wife, Lauren, the executive director, Melinda, and then my volunteer supervisor, Liz. So it's a really good time. If anybody's ever interested in volunteering, they are so desperate for volunteers, particularly men and people of color. So you can always contact my office. That's all I got. Thank you, Mayor. Thank you. Council Member Fogle. Thank you, Mayor. Do I have the photos of the sneak preview? I have a sneak preview of the Dignity Station. We do not have the decals, but I would like for you all just to see what is up and coming. This is the Dignity Station. It is a mobile unit that will circle around the 1st District for the unhoused. It has two bathrooms, two showers, washer and dryer. The steps fold up into the door so that the unit can be transported. Our goal is I'm going to chase the St. Joe medical bus, and hopefully we sit down beside it. Folks will be able to clam on, take a shower, just give a little bit of dignity back to the people who are unhoused and who are living on the streets. And these are some really good photos. I'm excited about it. There's the washer and dryer. where hopefully we can get those wraparound services to come out and talk to some folks as they wait to get on board to wash their clothes. And there's myself and Miss Jenny, who I'm partnering with, with the Catholic Action Center. So I wanted to show you all that. And my next announcement is a big fat thank you to the mayor. Miss Sally Hamilton, who's on vacation. Commissioner Ford, you knocked it out, and Monica and Parks and Recreation, and Councilmember Lynch, as we sit in solidarity of that 1920 pool in Douglas Park, with the support of everyone sitting up here, thank you all. Thank you, thank you, thank you. I will not cry in front of you. I will wait till I walk out. And so I just want to say thanks to your office and the community in the West End and the North End and all around Lexington once they see this beautiful pool and this design and a long time coming. So I just thank you. Thank you. Thank you. That's my announcement. I can't thank you enough. Thank you, everybody. Thank you, all council members. That's a good one. Thank you. Thank you out there. So at this time, I will call on Council Member Shayla Lynch, but I need to also turn the chair over to the vice mayor. Thank you. Thank you, Mayor and Vice Mayor. This weekend marks a big celebration coming to town. Kentucky State University has chosen to celebrate their homecoming this weekend in Lexington, partially. And a lot of events will be occurring in the second district, and I'm very excited about that. Councilmember Gray and I had a meeting earlier this month with the Alumni Association, and we are very excited that they're going to be bringing many of their homecoming festivities to Lexington. Some will still be occurring in Frankfort at the school, but we will have several homecoming activities here in Lexington and in the second district. I'm very excited about that. So please visit the Kentucky State University's website, their social media pages. There will be plenty of celebrations, opportunities for fellowship. I think there's a vendor market as well, which is open to the community. So please come out and help Kentucky State University celebrate their homecoming festivities in Lexington this year. We're very excited to have them in the second district. It's going to be a great economic impact for our city, so I'm very excited about that as well. And we just want to say welcome to Lexington, and we hope you enjoy your homecoming weekend. Thank you, Vice Mayor. Thank you. Council Member Gray. Thank you, Vice Mayor. Okay. I don't know which photo we're starting with first. So, Haley. All righty. Well, I'll just kick it off myself. So first, I would like to say, oh, we're starting it off with, earlier today, I attended the Kentucky State University's 40 Under 40 event, which is the kickoff for K-State's homecoming. I would like to congratulate Lexington's own Erica Tilford on being awarded 40 under 40, who is actually a resident of the 4th District. Okay, we're going to that one. So earlier this week, Council Member James Brown and I met at Bryan Station Middle School, which is housed in the 6th District, to meet with the leadership to talk about how we can foster a partnership with the school and with the students. This is especially important to me because Bryan Station Middle School is the school that I attended, 6th through 8th grade. And so it's very important for us to be as involved as possible with the students in this school because as a student at Bryan Station Middle, we never had any individuals of leadership, especially people that look like me, who came and spoke to us. So it's very important that they see us and they know what's possible for them. Oh, this is a picture from earlier today at the 40 Under 40 event. It was a joy to spend time with Dr. Acapo, Chair of Kentucky State University's Board of Trustees, Tammy Dukes, and so many others. This is just the beginning for K-State, and we are, Council Member Lynch and I are, It's a joy to partner with Councilmember Lynch on this endeavor to support Kentucky State University here in Lexington. And lastly, I would like to say thank you to Lexmark for welcoming LFUCG to your facility today to learn more about your translation assist. I mentioned this earlier at a previous council meeting, and a sincere thank you to all divisions represented. A special thank you to my legislative aide, who I refer to as my chief of staff, who is my back, my front, my side. I couldn't do anything in my office without her. Tiffany Duncan, thank you if you're watching. This translation assist is going to be changing. This is going to change how LFECG communicates to underrepresented groups in the city of Lexington. Currently, we are not doing a good job in ensuring that we let all residents know of things that are going on, especially it was pivotal during COVID. It was very difficult to reach out to individuals who did not speak English as their first language. or it was even a struggle to reach Spanish speakers. So this right here is a game changer, and I'm so thankful for the growing partnership that we're forming with Let's Mark and reaching all residents of Lexington and not just the English speakers. And that is all. And have a great break to my colleagues. Make sure you get some rest and come back ready to get to work. Thank you very much. It is time for public comments. When I call your name, please come to the podium. Give your name and your district, and then you will have three minutes. We will start with Brittany Price, and then after, Brittany will be Jenny Zamora. Welcome. My name is Brittany C. Price, a.k.a. S.N. Seaman Carroll Montsch Price, Jr. United States Navy veteran. I live at 650 Tower Plaza, Lexington, Kentucky, 40508, resident of the 11th District. Many years ago, I enlisted in the United States Navy at 18 years old. I went to Navy boot camp at Great Lakes, Illinois Naval Base and went to the fleet. I became a plank owner and went through pre-commissioning at Norfolk Naval Base as part of the original crew on the mighty USS Thorne DD-988 and was home ported at Charleston Naval Base. I enlisted in the Navy on 14 June 1979 and and finished my active duty on 14 June 1983. Then I served in active Navy Reserves for two years at Grand Prairie Naval Air Station and finished my obligation to the Navy on 14 June 1985. I went to many places overseas during my two deployments and had many adventures on the high seas through my travels while serving in the Navy, embarking to our different protocols as a young sailor aboard an American warship, part of the 6th Fleet and a carrier task force. aboard this warship, a sports class destroyer. Thank you, Mayor. Thank you, Vice Mayor. And thank you, City Council, for allowing me to speak this evening. Thank you. Next up is Jenny Zamora, followed by Nikita Purimol. Nikita, or Jenny left? Okay. Nikita? Okay. I got you. Yeah, go ahead. Emma and then Lakin. Good evening, y'all. So the Kentucky tenants members here are actually commenting on something that's coming up in committee on the 10th. This is just our last opportunity to tell you what we think about it. I understand that you're about to go on break. Thank you for bearing with us. We'll be quick. Point of order. We do not have a quorum. Huh? We have nine people here. Oh. Who just left? Should I keep talking or not? No. Let me clarify with Michael. As we're at the end of the council meeting, do we require quorum to have a meeting at all or do we require quorum to make any sort of votes or decisions or motions? Because what we have left right now is just public comment, which we're not taking any action on. So are we able to, what's that? Generally, you need quorum to conduct the meeting. And so you could sit and receive comment, but it wouldn't be part of the meeting, if that makes sense. Okay, so just not be a part of the official record, but we can. I mean, essentially you've lost quorum, so typically under your rules, you would try to regain quorum so you can proceed with the meeting. Rather than proceed in lieu of having quorum. Would council be, I feel like we have sort of three options is we find one of our council members and bring them back to regain quorum. We entertain a motion to adjourn as we have lost quorum or we can adjourn and continue to hear the rest of the public comment as people have signed up. I'm okay with any of those options that you all are. Mr. Cravens, may I speak? May I ask a question? Please. For the sake of those who would like to give comment, I assume that they would want their comment on the record and incorporate it into the formal meeting. This would still be televised, I assume. Well, the meeting would effectively, unless you can regain quorum within a given time period, the meeting would effectively end. And so at that point, you're not really receiving public comment because you're no longer meeting. Okay. All right, looks like we are back in session then. Yeah. I mean, we're, okay. Okay. Yeah, if you want to. Okay, cool. We'll just go. We're talking about the source of income discrimination ban. It comes up in committee on the 10th. We just want, there's like a couple of points that I'll mention. One is that nationally, a 2021 study among those lucky enough to receive a housing voucher in America, some 40% of recipients end up losing the voucher because no landlord will rent to them. And that's after only a quarter of those eligible for Section 8 ever receive one. And then nationally, in the more than 17 states, 21 counties and 85 cities have passed this ban on source of income discrimination. The policy has been shown to substantially improve the ability of people using third party payments to access housing. According to the Center on Budget and Policy Priorities, public housing agencies and jurisdictions with laws banning source of income discrimination had voucher utilization rates 12% points higher than those without the laws. It's also, this narrative is going around that this will cause a rent increase. There's no data that that would happen. There's no concrete evidence that that is a trend that happens when you pass these bans. We have a lot of data that we'll send out to you all tomorrow with regression graphs and information that we've collected, But there's no evidence that this policy causes rent increases in all of the places that it has been passed. And I also wanted to thank Council Member Lynch and Council Member Civigni for supporting low-income families and putting this policy forward. It's really important to our members. That's why we showed up. Like, this matters. You're hearing that, like, this is really important to, like, it matters. a lot. So thank you for hearing us out. I appreciate you. Thanks. Thank you. Lakin Dillingham. And then Claire Hillbrook. I'll start saying my name is Lakin Dillingham. I live in the second district. So hello, Ms. Lynch. I've lived there since 2020. My partner Al, he's lived there for about 15 years. So I guess we'll just get going. The Housing Choice Voucher Program's entire purpose is to provide more opportunities for socioeconomic mobility for historically under-resourced and underserved people. We completely undermine the efficacy of this program by allowing property owners to underhandedly enforce discriminatory barriers, deepening the gap between classes, as well as reinforcing the deep roots of redlining in Lexington. And if none of you have already seen the exhibit over in Central Public Library right now for undesigning the red line. You should definitely do that before it's taken down. A 2020 report discussing neighborhood mobility for voucher recipients from the Urban Institute states that as of 2016, only one in five households eligible for vouchers could even receive them because of how extensive the divide already is. We do our community at present and for future generations no favors by allowing fears based based on no data whatsoever to prevent us from providing an existing effective and efficient program by evidence based measures to be utilized in Lexington. The Lexington Continuum of Care Homeless Management Information System data shows that since 2019, the average time it takes to find housing that accepts vouchers is 121 days. Voucher recipients are only given 120 days to find a place that accepts them. In communities with bans of source of income discrimination, this can be lowered and and make the program even more efficient at scale because it will be able to work as intended. I want to end by noting that I was a child who watched my single mom try to find housing to accept a voucher for my siblings and I down in Knox County after several years of being on a wait list. We had to stay with my mama and papa and uncle in the interim and we were fortunate for that. Some of my loved ones didn't have family who were able to take them in and had to depend on kind-hearted coworkers and strangers to stay off the streets. I can also speak to the long term impacts on children whose caretakers had no options for neighborhood and socioeconomic mobilization into resource rich areas as a person who later experienced houselessness and had to live out of my car during part of my undergrad studies, while actively working 40 to 60 hour work weeks, sometimes being able to sleep on people's couches. But it shouldn't be left to the poor to take care of the poor. Thank you. Thank you. Up next is Claire Hilbrek, followed by Ian Mooney. Hi, my name is Claire Hilbrecht. I am in District 4. So again, just to reiterate, there's absolutely no evidence that a ban on source of income discrimination would increase rent. In fact, studies show that in some cases, rent is actually lowered after the passage of this policy. Increases in rent are largely explained by national changes in rent, not by a passage of a ban on source of income discrimination. So the only real concern with this policy is whether or not we are choosing to support the members of our community who rely on vouchers to access safe and affordable housing. The Biden White House, dozen of U.S. Congress people, and over 17 state legislatures say that we need this ban. And I urge this government to follow their example. Thank you. Thank you. Ian Mooney, followed by Matt Heil. And don't forget to give your name and district number, please. Good evening. My name is Ian Mooney. I'm an instructor in the philosophy department at the University of Kentucky. So I'm relying on my colleagues here to provide the scientific material basis of our argument. I'm going to provide the practical, ethical dimension of this on the ban on source of income discrimination. Plato often ruminated on what qualities needed to be present in the stewards of the city in order that they be considered just and good. First among these qualities was that they placed compassion and care for their constituents over any desire for productivity and money. City stewardship is a matter of expertise. If we were to approach this issue philosophically then, we would want to know what kind of skills can best guide us towards a decision about source of income discrimination that is rooted in that necessary commitment to the people and their betterment. Well, we didn't wonder too hard about this. Almost half of this city is comprised of renters. We don't know, and we can't know because of record availability, what percentage is landlords, but nationally, landlords make only about 3% of the population, the majority of whom work for corporate conglomerations. So back to the matter of expertise, a landlord does not build housing, nor work to maintain them, nor contribute towards making them into lived spaces. They extract rents for profit. On the other hand, it's renters who make budgets, establish community, and make a place like an efficiency off of South Limestone into a home. By the way, I'm with the 11th District. The former group's expertise is in making money. The latter group's expertise is in making and maintaining homes. I am here as one of many such tenants asking that you all trust and rely on our expertise to pass this ban. Philosophically speaking, I believe it is the only logical choice. Thank you so much. Have a lovely evening. Thank you. Matt Heil and then finally Nick Lyle. good evening my name is matt heil and i just became a tenant in district three i've actually been a renter for all but two of the 20 years that i've lived in lexington and during that time i've been extraordinarily lucky in terms of the landlords that i've had one was happy to give me a substantial rent break when i dealt with the whole fancy of raccoons living in the attic when she couldn't find any animal control people closer than six weeks out. More importantly though, that same landlord was kind enough to let me pay rent as I could, when I could, when I was laid off in 2016 and I had no income whatsoever. Another gave me and my roommates a little leeway to pay late when it turned out one of our roommates had been stealing our rent checks. And I'm very lucky that despite working low-wage food service jobs most of my life and living check to check, I was able to get into Berea College and get my degree. That little bit of luck in turn enabled me to get a better job at UK, which helps me more or less comfortably afford the rent in Lexington, which I have watched not creep, but rather shoot ever upward over the last 20 years. Now, not everyone, and I would guess very few people, in fact, have my kind of luck, and we should be honest, some of my luck is down to skin color and gender and at one time my marital status and so on. Now, currently sitting in the Public Safety and Social Services Committee is a tool in the form of the source of income discrimination ban that will take all of the luck out of finding housing, or at least most of the luck anyway. You have an opportunity here to take most of the luck and the anxiety and the uncertainty out of finding a landlord who will take housing vouchers. You have the opportunity to make it a dead set certainty for anyone who has to live on a low income or who has a housing voucher that they can put a roof over their heads quickly and easily. And on that point alone, the ban on income discrimination would put a dent in homelessness in this city, an issue I know this council is struggling with right now. For those of you on the Public Safety and Social Services Committee, I urge you to pass the ban on source of income discrimination, and when that gets to the full council, I urge all of you to vote for it and make the city more fair, more equitable, and less discriminatory for the many thousands of people who have to rent here. Thank you. Thank you. And up next is Nick Lyle. Hi, I'm Nick Lyle. I'm District 5. I'm a homeowner and have also been a landlord in my duplex. And from that standpoint and the standpoint of a resident of Lexington who cares deeply about transparency and helping ensure that renters don't get unfairly taken advantage of, Like those before me, I strongly urge all the council members to support all aspects of the package of bills known as the Tenants' Bill of Rights, including the source of income discrimination ban. I think this, along with all the elements, are essential transparency measures and basic protections for tenants. They exist in many cities across the country and hopefully many more soon with all the support that they're getting. I think they will help make Lexington more fair and protect renters from the worst abuses of landlords. Good landlords should have nothing to fear from these basic protections. And I can't speak to any opposition that you might be hearing, but honestly, any resistance to these measures should speak for itself in terms of the potential for abuse. as others have suggested protecting the vast majority here of those renters with less power against the potential abuse of landlords in power i can't think of a more aligned cause for this council to champion at this moment of a housing crisis that we find ourselves in and so i urge the council and the public safety committee to expeditiously pass this and all aspects of the Tenants' Bill of Rights. Thank you. Thank you. We've reached the end of our agenda, so we stand adjourned. Thank you.