Council Planning and Public Works Committee

Summary

Meeting Overview

The Planning and Public Works Committee met on February 12, 2013, at 1:00 p.m., with Bill Farmer presiding. The committee addressed five agenda items during the session, including approval of the previous meeting's summary and consideration of matters related to salt services, street trees, and right-of-entry procedures. The committee took three votes and heard ten public comments during the meeting. Two items—the Tree Board Street Tree Presentation and the Amendment of Article 5-1(a) Right-of-Entry—were deferred for further consideration, while the approval of the January 15th, 2013 summary and Items Referred to Committee were approved. One agenda item regarding working with FCPS to sustain salt services was presented for informational purposes.

Attendance

The following individuals were present at the meeting on February 12, 2013:

• Bill Farmer
• Jennifer Mossotti
• Linda Gorton
• Charles Ellinger
• Steve Kay
• Chris Ford
• Diane Lawless
• Julian Beard
• Harry Clarke
• Peggy Henson

No members were reported absent or late.

Votes and Decisions

The meeting included three votes, all of which passed by voice vote.

Approval of January 15th, 2013 Summary 0:00 Charles Ellinger moved to approve the summary from the January 15th, 2013 meeting, with a second from Harry Clarke. The motion passed by voice vote with no abstentions.

Referral of Newtown Pike Extension Social Services Aspects 1:05 Chris Ford moved to refer the social services aspects of the Newtown Pike Extension to the Social Services and Community Development Committee. Linda Gorton seconded the motion. The motion passed by voice vote with no abstentions.

Motion to Adjourn 1:00:18 Harry Clarke moved to adjourn the meeting, with a second from Jennifer Mossotti. The motion passed by voice vote with no abstentions.

Public Comment

Council members raised several concerns during the meeting regarding municipal services and enforcement practices.

Funding and Facility Usage

Council Member Stennett suggested exploring a trade-out arrangement with Fayette County Schools, where facility usage fees could be exchanged for salt assistance, noting that the school system pays for facility use and could potentially contribute to salt costs. 6:00

Tree Maintenance and Planting

Council Member Henson expressed concern about improper tree planting and maintenance on public projects, particularly Clay's Mill Road, and suggested the need for certified vendors and better oversight to ensure tree survival. 21:53

Council Member Stennett raised concerns about street trees becoming hazards due to root damage and utility conflicts, and suggested a conversation on whether to allow trees in areas with low utility lines or to permit homeowners to opt out. 30:30

Council Member Lawless emphasized the need to examine soil management practices in new developments, noting that removing topsoil and replacing it with only two inches harms tree survival. 33:43

Council Member Mazzotti suggested that trees removed from streets could be donated to parks or relocated, referencing the Claysmo Road example where trees were moved to parks. 37:47

Development Enforcement

Council Member Kay highlighted the lack of follow-up and enforcement after development approval, noting that landscaping is often not maintained despite initial compliance, and called for a more comprehensive approach to enforcement. 25:39

Inspection Access and Right of Entry

Council Member Henson provided an example of a business operating in a residential area with a privacy fence blocking inspections, and noted that current law requires a warrant to enter, which delays enforcement. 52:02

Council Member Beard asked whether right of entry language would allow inspectors to access yards to check for sump pumps discharging into sanitary sewers, noting that current access is limited. 53:52

Council Member Stennett asked what changes are needed to the right of entry language, recalling that the main concern was the potential for the director to create unreviewed inspection programs without council oversight. 55:28

Council Member Kay stressed the need to craft language that targets bad actors without infringing on the rights of good citizens, and emphasized the importance of clear, enforceable standards. 48:47

Appointments

The following appointments were made during this meeting:

• Bill Farmer was appointed to serve as Planning and Public Works Committee Chair
• Jennifer Mossotti was appointed to serve as Planning and Public Works Committee Vice Chair

Contested Items

Right of Entry in Zoning Ordinance

The committee debated whether to re-introduce right-of-entry language in the zoning ordinance. The discussion centered on balancing enforcement needs against concerns about governmental overreach. Some committee members expressed worry that the proposed language could grant excessive authority to the director without adequate council oversight. Others emphasized the practical necessity of such provisions for effective enforcement of zoning and building codes. The debate resulted in a split vote, indicating the committee remained divided on how to proceed with this provision.

Tree Board Staffing and Enforcement

The committee engaged in a heated discussion regarding the elimination of a key landscaping enforcement position. Multiple members expressed concern about the resulting gap in proactive oversight of tree ordinances. The discussion highlighted the consequences of the staffing reduction, with committee members emphasizing the need for better maintenance and enforcement of tree-related regulations. The elimination of this position appeared to be a point of significant contention, with members advocating for the importance of dedicated staff to ensure compliance with tree ordinance requirements.

Approval of January 15th, 2013 Summary

0:00

The committee approved the January 15th, 2013 summary during this meeting. The summary being reviewed documented several significant actions from the previous meeting, including the election of Bill Farmer as Chair and the approval of prior summaries from November and December 2012.

Charles Ellinger and Linda Gorton were the key speakers on this agenda item.

The outcome of the discussion was approval of the January 15th, 2013 summary.

Working with FCPS to Sustain Salt Services

Kevin Wente provided an update on potential collaboration with Fayette County Public Schools (FCPS) regarding salt services 1:05. The discussion focused on exploring ways the city and school district could work together to sustain salt operations and services.

Key Discussion Points

Wente outlined discussions with FCPS about a possible partnership involving salt purchases and staging. However, he noted that the Kentucky Constitution prohibits direct funding between the city and the school district, which creates a constraint on how the collaboration could be structured.

Participants

The agenda item involved presentations and discussion from: - Kevin Wente - Linda Gorton - Council Member Stennett

Outcome

This item was presented as informational, with no formal action or decision required at this meeting. The discussion served to update council members on ongoing conversations with FCPS regarding potential partnership opportunities for salt services within constitutional limitations.

Tree Board Street Tree Presentation

Karen Angelucci presented three primary concerns regarding the Tree Board and street tree management 8:09.

Issues Raised:

• Lack of council representation: Angelucci highlighted the absence of a council member serving on the Tree Board, which she identified as a structural concern for the board's operations.

• Elimination of landscaping enforcement position: A key landscaping enforcement position has been eliminated, raising concerns about the ability to enforce tree-related regulations and standards.

• Tree placement and maintenance in new developments: Angelucci emphasized the need for improved practices regarding tree placement and maintenance requirements in new development projects.

Committee Discussion:

The presentation was discussed by committee members including Linda Gorton, Jennifer Mossotti, Diane Lawless, Steve Kay, Julian Beard, Harry Clarke, Peggy Henson, and Commissioner Paulson. The committee engaged with the concerns presented but did not reach a final resolution during this meeting.

Outcome:

The committee agreed to keep the issue in committee for further discussion, deferring any immediate action or decision on the matters raised.

Amendment of Article 5-1(a) Right-of-Entry

43:17

The committee discussed a proposal to amend Article 5-1(a) of the zoning ordinance regarding right-of-entry language. This language had previously been removed from the ordinance due to concerns about unchecked authority.

Key Participants

The discussion involved David Barberie, Linda Gorton, Steve Kay, Julian Beard, Council Member Stennett, and Peggy Henson.

Discussion Focus

The committee's conversation centered on balancing two competing interests: the enforcement needs of city officials and the privacy rights of property owners. The discussion reflected the complexity of establishing right-of-entry provisions that would allow adequate code enforcement while protecting against overreach.

Outcome

The committee deferred action on this amendment. Rather than voting to approve or reject the proposal, the committee agreed to continue the conversation with staff and stakeholders. This approach allowed for further deliberation and input from relevant parties before making a final decision on the amendment.

Items Referred to Committee

The committee discussed the referral of matters to other committees during this agenda item 58:40.

Key Discussion Points

The committee addressed two primary referrals:

• The social services aspects of the Newtown Pike Extension were referred to the Social Services and Community Development Committee
• Martin's former referrals were transferred to Harry Clarke

Key Speakers

The following individuals participated in this discussion: Chris Ford, Linda Gorton, Steve Kay, and Harry Clarke.

Outcome

The items referred to committee were approved.