Council Public Safety Public Works Development Committee

Summary

Meeting Overview

The Public Safety & Public Works Committee met on May 10, 2011, at 1:00 p.m., with Lawless presiding. The committee addressed 20 agenda items covering a range of public safety and infrastructure matters. One motion was voted on during the meeting, and the committee heard 15 public comments.

The committee's actions on agenda items varied in outcome. Several items were deferred for future consideration, including updates on Fire Organization, Corrections Reviews Including Sheriff Review, E911 Review, Taxicab Ordinance, Itinerant Merchant, and Emergency Snow Plan. Three items were removed from consideration: Fire Disciplinary Process, Residential Parking Permits, and Horse Cruelty. One item—Review & Sign Off of Collective Bargaining Agreements—was withdrawn. The Paramedic Training: Emergency Medical Advisory Board (EMAB) item received a first reading.

Multiple items were presented for informational purposes, including Items Referred to Committee, Re-paving Program, Todds Rd Widening Project Phase II, Newtown Pike Project, Erecting Large Utility Poles on Right-of-Way, Re-Paving List, and Loading & Unloading Zones in Downtown. One item, Sidewalk Specifications, was retained for further committee consideration.

The Charitable Solicitation within Public Right of Way agenda item resulted in a failed outcome.

Attendance

Present: Lawless, Martin, Ellinger, Farmer, Crosbie, McChord, Henson, Stinnett

Absent: Gorton, Beard

Late: None

Votes and Decisions

Charitable Solicitation Ordinance - First Reading

A motion was made to move the charitable solicitation ordinance to the docket for first reading on Thursday. The motion was made by Crosbie and seconded by Ellinger. 41:25

The motion failed by voice vote. Four members voted in favor: Crosbie, Ellinger, Farmer, and Martin. Three members voted against: Henson, McChord, and Stinnett.

The ordinance was pending changes by the law department at the time of the vote.

Public Comment

The meeting included public comment and council discussion on several topics, with the charitable solicitation ordinance receiving the most attention.

Charitable Solicitation Ordinance

Three speakers presented in support of the ordinance. Darlene Thomas [00:05:20] spoke on behalf of the Bluegrass Domestic Violence Program and Bluegrass Rape Crisis Center, emphasizing community awareness, public safety collaboration, and the need for alternative funding streams. She highlighted Louisville's success with similar programs and requested support for the ordinance. Rhonda Henry [00:08:36] seconded Thomas's remarks, noting the long-standing success of similar programs in Louisville and the importance of community engagement and safety coordination. Matthew Stinnett [00:09:38] presented the vision for a partnership between law enforcement and nonprofits to raise funds through intersection solicitation, emphasizing volunteer participation and safety protocols.

Council members raised several concerns about the proposal. Council Member Martin [00:11:45] expressed concern about the council administrator serving as the administrative body and recommended transferring the process to the mayor's office for special events. Council Member Crosby [00:18:57] asked about verification of nonprofit standing with the Secretary of State and questioned the need for police presence, noting that some events are reimbursed. Council Member Ellinger [00:22:50] expressed hesitation about changing Lexington's norms, citing concerns over public safety and the precedent of allowing solicitation in intersections. Commissioner Mason [00:23:59] raised public safety concerns, including traffic risks and staffing limitations, and stated opposition due to the potential for uncontrolled intersections and increased workload. Council Member Henson [00:26:43] expressed concern about relying on police enforcement and suggested alternative locations like storefronts. Vice Mayor Gorton [00:34:15] raised concerns about public safety and public sentiment, noting that the primary motivation may be fundraising potential, and questioned whether the city should assume the burden of enforcement.

Other Topics

Council Member Farmer [00:44:18] moved for a council member to be included in collective bargaining meetings to ensure transparency and informed voting on budgetary impacts. Council Members Martin [00:49:18] and Henson [00:51:27] requested a review of repaving practices and road conditions. Council Members Crosby [00:57:42] and Farmer [00:55:18] discussed sidewalk specifications, with differing views on whether the item should remain on the agenda. Council Member Martin [00:58:46] expressed concern about the visual impact of utility poles on scenic corridors.

Contested Items

The May 10, 2011 meeting included three items that generated significant disagreement among council members.

Charitable Solicitation Ordinance

The council considered a motion to place a charitable solicitation ordinance on the docket. The motion failed due to a split vote. Council members raised concerns about public safety, enforcement mechanisms, and the administrative role of the council administrator in implementing the ordinance. These unresolved questions prevented the measure from advancing.

Sidewalk Specifications

Council Members Farmer and Crosby engaged in a heated discussion over sidewalk specifications. The disagreement centered on whether the item should be removed from consideration. Crosby argued for retaining the item, citing inconsistent enforcement of existing standards and the significant impact such specifications would have on homeowners. Farmer took the opposing position, though the specific rationale was not detailed in the available record.

Erecting Large Utility Poles

Council Member Martin expressed strong concern about a proposal involving the erection of large utility poles. Martin focused on the visual impact these structures would have on scenic corridors within the community. He characterized efforts to preserve community aesthetics in the face of such development as a "shouting in the wilderness" effort, indicating his view that concerns about visual impact were being overlooked or undervalued in the decision-making process.

Charitable Solicitation within Public Right of Way

The committee discussed a proposed ordinance that would permit charitable organizations to solicit donations within public right-of-way areas, subject to registration, insurance, and safety requirements.

Key Speakers and Discussion

The agenda item involved input from Darlene Thomas, Rhonda Henry, Matthew Stinnett, Council Member Martin, Council Member Ellinger, Commissioner Mason, and Council Member Henson.

Concerns Raised

Several concerns emerged during the discussion:

• Public Safety: Committee members raised questions about how the ordinance would protect public safety during solicitation activities in right-of-way areas.
• Enforcement: There were concerns about how the proposed regulations would be enforced and monitored.
• Administrative Oversight: Questions arose regarding the administrative structure and oversight mechanisms for the program.
• Processing Authority: Committee members questioned whether the council administrator was the appropriate body to process and manage charitable solicitation applications and compliance.

Outcome

The motion to place the ordinance on the docket failed. The proposal did not advance to further consideration at this time.

2:32

Items Referred to Committee

43:39

The committee reviewed a list of items that had been referred for further discussion and analysis. During this review, several items were removed from the agenda because they had already been presented to the full council or were awaiting reports from pending task forces.

The committee retained a number of items for continued discussion, including:

• Repaving projects
• Utility poles
• Sidewalk specifications
• Emergency snow plans

Council Members Farmer, Crosby, Martin, and Henson participated in the discussion of these referred items. The outcome of this agenda item was informational in nature, with no formal action taken at this time.

Review & Sign Off of Collective Bargaining Agreements

Council Member Farmer raised a proposal regarding the review and sign-off process for collective bargaining agreements. Farmer proposed that a council member be included in collective bargaining meetings to ensure transparency in the process.

The proposal was not pursued further during the meeting. The item was determined to be outside the committee's purview, and no additional discussion took place regarding the merits or implementation of the proposed change.

The agenda item was ultimately withdrawn.

Update on Fire Organization

Council Member Crosby presented an update on fire organization matters. 45:56

The update was deferred to the full council due to budgetary implications, as requested by the fire department. This deferral allows for more comprehensive discussion of the financial aspects of the fire organization with the complete council membership.

Update on Corrections Reviews Including Sheriff Review

45:56

This agenda item regarding an update on corrections reviews, including a sheriff review, was deferred during the committee meeting. Council Member Crosby was the key speaker on this matter.

Due to the budgetary significance of the topic, the update was not discussed in detail at this committee meeting. Instead, it was determined that the matter should be brought before the full council for consideration and discussion.

Outcome: The item was deferred to the full council.

Update on E911 Review

The update on the E911 Review was deferred during this committee meeting. Council Member Crosby was the key speaker on this agenda item 45:56.

The update was not discussed in detail at this committee meeting due to budgetary implications associated with the review. Instead of proceeding with the presentation, the matter was deferred to the full council for consideration.

Outcome: Deferred to full council

Paramedic Training: Emergency Medical Advisory Board (EMAB)

Vice Mayor Gorton presented information regarding paramedic training and the Emergency Medical Advisory Board (EMAB) 46:59.

A presentation was delivered on this agenda item. Following the presentation, a task force was formed to follow up on the matters discussed and to advance the work of the Emergency Medical Advisory Board.

The outcome of this agenda item was classified as a first reading, indicating that this matter will remain on the agenda for future review and continued discussion.

Fire Disciplinary Process

Council Member Lawless moved to remove the Fire Disciplinary Process item from the agenda. The motion was seconded and approved by the council.

Outcome: The item was removed from the agenda.

47:32

Re-paving Program

49:18

Council Members Martin and Crosby raised concerns about the municipality's current paving practices during this discussion. The primary issues identified included the lack of crack and seal procedures, inadequate preparation work prior to paving, and questions about the overall quality and durability of paving projects.

Council Member Martin and Council Member Crosby advocated for a comprehensive review of national best practices in road paving to ensure the municipality is following industry standards. They also emphasized the importance of examining contractor warranties to better protect the municipality's investment in infrastructure improvements.

Council Member Henson participated in the discussion, contributing to the examination of these paving program concerns.

The outcome of this agenda item was informational, with no formal decision or action item recorded. The discussion served to document the council's concerns about current paving practices and the need for further review of best practices and contractor terms.

Todds Rd Widening Project Phase II

Council Member Stinnett provided a quarterly update on the Todds Rd Widening Project Phase II 52:39. This agenda item was presented for informational purposes and remains on the agenda for ongoing review.

The discussion focused on the current status of the project as part of the council's regular quarterly reporting cycle. No specific concerns or debates were documented during this presentation. The item was treated as an informational update rather than a decision point requiring council action.

The outcome of this agenda item was informational in nature, with the project continuing under review by the council.

Newtown Pike Project

Council Member Stinnett provided a quarterly update on the Newtown Pike Project 52:39. The presentation was informational in nature, with the item remaining on the agenda for ongoing review.

No additional details regarding specific project components, timelines, budget information, or substantive discussion points were documented in the available meeting materials.

Taxicab Ordinance

The Taxicab Ordinance was presented as a discussion item but was not ready for full presentation at this meeting. 53:43

Council Member Martin indicated that the ordinance could be placed on the agenda for the next committee meeting scheduled in July.

Outcome: The item was deferred to a future committee meeting.

Itinerant Merchant

The Council addressed the Itinerant Merchant agenda item during the meeting 54:15. Council Member Crosby was the key speaker on this matter.

The item was deferred pending a report from the task force. No further discussion took place at this time.

Outcome: The matter was deferred until the task force reports.

Residential Parking Permits

Council Member Lawless moved to remove the Residential Parking Permits item from the agenda. The motion was seconded and approved, resulting in the item being removed from consideration 54:15.

No discussion or debate on the merits of residential parking permits was recorded, as the item did not proceed to substantive review.

Sidewalk Specifications

Council Member Farmer moved to remove the Sidewalk Specifications item from the agenda. However, this motion was withdrawn after Council Member Crosby argued for its retention.

Council Member Crosby raised concerns about inconsistent enforcement of sidewalk specifications and issues affecting homeowners. These concerns were sufficient to convince Council Member Farmer to withdraw the removal motion, and the item remained on the agenda for discussion.

55:18

Erecting Large Utility Poles on Right-of-Way

58:46

Council Member Martin raised concerns about the visual impact of utility poles on scenic corridors during this discussion. Martin urged the committee to take action to prevent industrial-style infrastructure from damaging the community's aesthetic.

The discussion focused on the placement of large utility poles on right-of-way areas and their effect on the visual character of the community, particularly in scenic corridors. Council Member Martin emphasized the importance of addressing this issue proactively to protect the community's appearance and character.

Outcome: This item was presented for informational purposes.

Re-Paving List

1:01:29

The Re-Paving List was discussed as part of the broader repaving program discussion. Council Member Martin addressed this agenda item.

Rather than being treated as a separate matter, the Re-Paving List was incorporated into the larger repaving program conversation. No independent vote was taken on this item.

The discussion served an informational purpose for the council.

Emergency Snow Plan

Council Member James addressed the Emergency Snow Plan during the meeting. James noted that the plan could be addressed in the fall, suggesting that immediate action was not necessary at the time of the meeting. 1:02:03

Based on this assessment, the council determined that further discussion and action on the Emergency Snow Plan would be deferred. The item was scheduled to be revisited in August.

Loading & Unloading Zones in Downtown

1:02:33

Council Member James addressed the topic of loading and unloading zones in the downtown area. The discussion focused on this ongoing matter, which remains under study.

Outcome

The item was retained for future review. No immediate action was taken at this meeting, as a study of the loading and unloading zones issue is currently underway. The council indicated it will revisit this topic once the study is complete.

Horse Cruelty

1:03:07

Council Member McCord moved to remove the Horse Cruelty item from the agenda. The motion was seconded and approved. The item was subsequently removed from the agenda and was not discussed.