Council Planning and Public Works Committee

Summary

Meeting Overview

The Planning and Public Works Committee met on February 12, 2013, at 1:03 p.m., with Bill Farmer presiding. The committee addressed eight agenda items during the meeting, including approval of the previous month's summary, several infrastructure updates, and items requiring further consideration. Two motions were voted on, and the committee heard nine public comments.

Of the eight agenda items, two were approved: the January 15th, 2013 summary and items in committee. Three items—working with FCPS to sustain salt services, the Tree Board street tree presentation, and right of entry—were deferred for future discussion. The remaining three items—updates on the Newtown Pike Extension, Todds Road, and paving—were presented as informational reports to the committee.

Attendance

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

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

No absences or late arrivals were recorded.

Votes and Decisions

Approval of January 15th, 2013 Summary

The meeting approved the summary from the January 15th, 2013 meeting. Charles Ellinger moved for approval, and Harry Clarke seconded the motion. The vote passed unanimously 2:31.

Motion to Adjourn

Peggy Henson moved to adjourn the meeting, with Julian Beard providing the second. The motion passed unanimously 2:31.

Public Comment

Nine speakers addressed the council on various topics during the public comment period.

Right of Entry

Linda Gorton [0:02:31] expressed concern about taxpayer dollars and the need for clear guidelines on who can request additional salt services, suggesting a review of the Facilities Usage Policy.

Peggy Henson [0:02:31] asked about the ability to enforce laws against illegal businesses operating from homes, emphasizing the need to balance rights with reasonable enforcement.

Julian Beard [0:02:31] asked about inspections for illegal sanitary sewer hookups, noting that inspectors can observe properties without entering structures.

Tree Board Street Tree Presentation

Steve Kay [0:02:31] suggested that the LFUCG should improve its tree design and maintenance processes, emphasizing the need for better enforcement of landscaping commitments.

Derek Paulsen [0:02:31] confirmed that street trees are currently part of the new development ordinance and committed to working with the Tree Board on related issues.

Newtown Pike Extension Update

Chris Ford [0:37:44] asked about the timeline and funding for Phase 2, seeking clarity on whether the project's financial and construction schedule is concrete.

Harry Clarke [0:43:22] expressed concern about traffic congestion at the Bolivar and Upper intersection due to the lack of improvements on Bolivar and the absence of pedestrian infrastructure.

Items in Committee

Steve Kay [0:58:01] suggested that the Design Excellence update be held until summer due to lack of substantive recommendations before then.

Peggy Henson [0:59:08] moved to remove the emergency preparedness item from the committee agenda, noting it was duplicated in another committee.

Contested Items

Right of Entry

A heated discussion arose regarding the term "right of entry" in the meeting materials. Committee members expressed concerns about the language as written, viewing it as potentially problematic for privacy and representing possible governmental overreach. The discussion centered on the need to clarify and limit the scope of this provision. To address these concerns, the committee agreed to revise the language to be more specific and less alarming, ensuring that the final version would better protect privacy interests while maintaining necessary governmental authority.

Tree Board Street Tree Presentation

A procedural dispute emerged regarding tree enforcement practices and staffing. The disagreement focused on two key issues: the absence of a dedicated tree enforcement position and the appropriate approach to enforcement activities. Committee members debated whether the current complaint-driven enforcement model was sufficient or whether the city should implement proactive inspections to identify tree-related issues before complaints were filed. The lack of dedicated personnel to handle tree enforcement was identified as a significant gap in the city's ability to manage street trees effectively.

Approval of January 15th, 2013 Summary

The committee voted to approve the summary from the January 15th, 2013 meeting without dissent 2:31. Charles Ellinger made the motion to approve, and Harry Clarke seconded it. The summary was approved unanimously.

Working with FCPS to Sustain Salt Services

Kevin Wente led a discussion on establishing a partnership with FCPS (Fayette County Public Schools) to sustain salt services. 2:31

Key Issues Presented

Wente emphasized the need for a partnership approach to secure lower salt prices and ensure responsible use of taxpayer funds. The discussion centered on how to maintain adequate salt supplies while controlling costs through coordinated procurement with the school system.

Concerns Raised

Participants raised questions about operational procedures, specifically: - Who is authorized to request additional salt - How funds are allocated for salt purchases and distribution

Participants

The discussion involved Kevin Wente, Linda Gorton, and Steve Stinnett.

Outcome

The agenda item was deferred, indicating that further discussion or additional information is needed before a decision can be made on this partnership proposal.

Tree Board Street Tree Presentation

Karen Angelucci presented on the challenges of tree maintenance and enforcement in the city 2:31. The presentation focused on operational difficulties within the city's tree management program.

Key Discussion Points

The committee discussed the need for a dedicated position within the Division of Building Inspection to address tree-related matters. Angelucci highlighted the challenges associated with current tree maintenance practices and the enforcement of tree-related regulations.

Participants

The following individuals participated in the discussion: - Karen Angelucci - Linda Gorton - Steve Kay - Julian Beard - Derek Paulsen

Outcome

The agenda item was deferred, indicating that further discussion or action on this matter was postponed to a future meeting.

Right of Entry

Chris King presented on the need for a legal framework that would allow the Division of Planning to enter private property to investigate zoning violations. 3:38

The discussion involved several council members, including Linda Gorton, Steve Kay, Peggy Henson, and Julian Beard, who raised concerns about the proposed framework. Privacy and potential government overreach emerged as key issues during the debate.

Due to these concerns, the council decided to revise the language of the proposal and reconvene to continue the discussion at a later date. The item was deferred rather than approved.

Newtown Pike Extension Update

Andrew Grunwald presented an update on the Newtown Pike Extension project 19:55, covering progress across multiple phases of development.

Project Status

Grunwald reported on Phase 1 progress and outlined the status of right-of-way acquisition efforts for Phase 2. He also discussed future plans for Phase 3 of the extension.

Key Participants

The discussion involved Andrew Grunwald as the primary presenter, with Chris Ford and Harry Clarke participating in the question and answer portion.

Topics Addressed

Questions from attendees focused on three main areas: project timelines, funding mechanisms, and anticipated traffic impacts from the extension.

Outcome

This agenda item was presented as informational, providing the board and public with an update on the project's current status and next steps.

Todds Road Update

Brad Frazier presented an update on the Todd Road widening project 46:43. The presentation covered the current status of the project, which is now structured as one unified phase.

Project Status

The project is currently in the right-of-way acquisition phase. Frazier detailed the ongoing utility relocation efforts required for the widening work to proceed.

Key Discussion Points

Steve Stinnett participated in the discussion alongside Frazier regarding the project details and timeline.

Outcome

This agenda item was informational in nature, providing the council with an update on the Todd Road widening project's progress and next steps.

Paving Update

Kevin Wente reported on the status of the paving program 52:08. He indicated that asphalt plants have opened and resurfacing work is currently underway.

Regarding the 2013 budget, Wente noted that approximately $500,000 remains available for paving projects. However, he raised a concern about incomplete participation from council members, reporting that only half of the council members have submitted their paving lists to date.

Steve Stinnett was also present during this discussion.

The item was presented as informational, with no formal action taken.

Items in Committee

The committee reviewed several items during this discussion, with key speakers including Linda Gorton, Steve Kay, Peggy Henson, and Derek Paulsen 56:25.

The committee addressed referrals from Doug Martin and updated committee assignments. Specific actions taken included:

• The B-1 ZODA item was untabled for further consideration
• Adult daycare centers were reassigned to Chris Ford
• An emergency preparedness item was removed from the committee's workload due to duplication

The outcome of this agenda item was approved.