Council Public Safety Committee

Summary

Meeting Overview

The Public Safety Committee met on February 5, 2013, at 1:00 p.m., with Peggy Henson presiding. The committee addressed five agenda items during the meeting, taking four votes and hearing two public comments. The committee approved the meeting summary, the Hazardous Materials Ordinance, the Public Nuisance Ordinance, and Items Referred to Committee. The Nuisance Abatement Forms Update was postponed for further consideration at a future meeting.

Attendance

The following individuals were present at the meeting on February 3, 2013:

• Peggy Henson
• Kevin Stinnett
• Chuck Ellinger
• Chris Ford
• Shevawn Akers
• Diane Lawless
• Bill Farmer
• Jenny Scutchfield
• Jennifer Mossotti
• Harry Clarke

No absences or late arrivals were recorded.

Votes and Decisions

Approval of January 15, 2013 Public Safety Committee Meeting Summary 7:00

A motion by Peggy Henson, seconded by Chuck Ellinger, to approve the summary of the January 15, 2013 Public Safety Committee meeting passed by voice vote.

Revised 24-Hour Nuisance Abatement Form 32:28

A motion by David Jarvis to approve the revised 24-hour nuisance abatement form was postponed. Committee members recommended revisions to the wording and clarification of language, particularly regarding the 24-hour abatement process and appeal procedures. These recommendations are to be addressed before the form is resubmitted for approval.

Amendment to Chapter 16A of the Code of Ordinances Regarding Hazardous Materials 39:12

A motion by Diane Lawless, seconded by Shevawn Akers, to approve an amendment to Chapter 16A of the Code of Ordinances regarding Hazardous Materials passed by voice vote.

Public Nuisance Ordinance Amendment 1:21:48

A motion by Shevawn Akers, seconded by Diane Lawless, to approve an amendment to the current public nuisance ordinance passed by voice vote. The amendment expands coverage to include commercial properties and adds additional crimes to the ordinance, including assault, sexual offenses, weapons violations, and felonies.

Public Comment

Two speakers provided public comment during the meeting.

Stephen Marshall 1:06:21 addressed concerns about the scope and enforcement of the proposed public nuisance ordinance. He argued that the current problem is limited to a small number of properties and cautioned that expanding the ordinance could unfairly burden responsible property owners. Marshall raised several specific concerns:

• Lack of funding for implementation
• Administrative burden on police departments
• Potential for abuse of discretion by the chief of police
• Issues with the safe harbor provision in landlord-tenant law
• The need for final adjudication before penalties are imposed

Craig Harden 1:14:06 spoke on behalf of the Greater Lexington Apartment Association. He expressed support for the committee's efforts while emphasizing the importance of open communication. Harden raised concerns that the ordinance could negatively impact affordable housing by discouraging development due to increased liability, particularly for low-income housing providers.

Contested Items

Public Nuisance Ordinance Expansion

Public commenters raised significant concerns about the proposed expansion of the public nuisance ordinance. The primary objection centered on the ordinance's potential to unfairly target affordable housing developments. Commenters also worried that the expansion would increase liability for property owners without providing corresponding funding or enforcement resources to help them comply. Additionally, community members questioned the fairness of imposing broad liability based on unproven allegations, arguing instead that final adjudication should occur before any penalties are imposed.

Language Clarity in Nuisance Abatement Form

A heated discussion emerged among multiple council members regarding the wording of the 24-hour abatement form. The specific point of contention was the use of the word "or" between the options for abatement and appeal. Council members expressed confusion about this phrasing, noting that it could mislead property owners into believing they have a choice between the two options when the intent may have been different. This ambiguity raised concerns about whether property owners would properly understand their rights and obligations under the form.

Outcome

In response to the language clarity issue, the committee agreed to revise the wording of the 24-hour abatement form to eliminate confusion and ensure that property owners receive clear guidance about their options.

Approval of Summary

The committee reviewed and approved the summary of the January 15, 2013 Public Safety Committee meeting. 7:00

The summary that was approved documented the election of Peggy Henson as Chair and Kevin Stinnett as Vice Chair from the previous meeting.

Outcome: The summary was approved.

Nuisance Abatement Forms Update

8:07

David Jarvis presented a revised 24-hour nuisance abatement form designed to clarify the abatement timeline and appeal process for council consideration.

Presentation and Concerns

Multiple council members raised concerns about the form's language during discussion. Council Member Lane, Council Member Akers, and Council Member Clark all identified confusing elements, particularly regarding two key aspects:

• The 24-hour deadline language
• The right to appeal procedures

The council members indicated that the current wording could create confusion for residents and staff attempting to understand the abatement process and their available options.

Outcome

The committee agreed to postpone action on the revised form to allow time for revisions to address the identified concerns. No vote was taken at this time.

Hazardous Materials Ordinance

Clay Mason introduced an updated hazardous materials ordinance designed to reflect the current operations of the Division of Fire and Emergency Services 33:03. The revised ordinance addressed several key areas:

Changes and Updates

The ordinance removes outdated provisions from the existing regulations and clarifies definitions to better align with current standards. The updated language brings the local ordinance into alignment with OSHA and EPA standards, ensuring consistency with federal requirements.

Key Speakers

Clay Mason presented the ordinance, with Battalion Chief Greg Baer also participating in the discussion.

Outcome

The committee unanimously approved the ordinance for referral to the full council.

Public Nuisance Ordinance

Leah Boggs and Lieutenant Michelle Young presented an amendment to expand the city's public nuisance ordinance 39:47. The proposed changes would extend the ordinance beyond its current application to residential properties to include commercial properties as well.

The amendment broadens the types of criminal activity covered under the ordinance to encompass assault, sexual offenses, weapons violations, and felonies, in addition to crimes already addressed. A key provision of the amendment excludes crimes where the owner or occupant is a victim and had no control over the criminal activity, protecting property owners from liability in situations beyond their responsibility.

Chief and Council Member Lawless participated in the discussion of the amendment. The committee reviewed the proposed changes and their implications for both residential and commercial property owners across the jurisdiction.

The committee approved the amendment and voted to refer it to the full council for further consideration and potential adoption.

Items Referred to Committee

No discussion occurred on items referred to the committee during this meeting 1:22:19. Chair Peggy Henson moved to adjourn, and the motion passed without dissent.