Services Committee

Summary

Meeting Overview

The Services Committee met on October 7, 2008, at 1:00 p.m., with CM Ellinger presiding. During the meeting, the committee took 13 motions and votes, heard 5 public comments, and addressed 5 agenda items.

The committee approved several measures, including a smoking ban proposed by Stevens and an on-street parking proposal for Transylvania Park brought by Ellinger. The committee also approved items in committee. However, not all items moved forward: a proposal regarding traffic safety issues on streets adjacent to Christ the King Church, presented by Stevens, was tabled, and a virtual speed humps item brought by Ellinger was deferred to a later date.

Attendance

The following individuals were present at the meeting on October 7, 2008:

• Dr. Stevens
• CM Lane
• CM Crosbie
• CM McChord
• CM Blevins
• CM DeCamp
• CM Henson
• CM Myers
• CM Beard
• CM Ellinger
• Mike Sanner
• Peggy Miller
• Mike Gobb
• Bernie Lovely
• John Sloan
• Luke Matheson
• Gary Means
• Craig Hardin
• Jimmy Emmons
• Ashley Sells
• Dr. Ellen Hahn

No members were absent or late.

Votes and Decisions

Ordinance 2008: Smoking Ban Ordinance 1:56:19 The council adopted the smoking ban ordinance as amended and scheduled a public forum for October 23, 2008, at 8:00 p.m. This motion was made by CM Myers and seconded by CM Beard. The roll call vote passed 9-1, with CM Blues voting against. Those voting in favor were CM Myers, CM Lane, CM Crosbie, CM McChord, CM Blevins, CM DeCamp, CM Henson, CM Beard, and CM Ellinger.

Amendment to Remove "Temporarily" 1:00:02 A motion to remove the word "temporarily" from Section 3(1) of the smoking ban ordinance, made by CM Crosbie and seconded by CM Lane, failed 2-8. Only CM Crosbie and CM Lane voted in favor. CM Myers, CM McChord, CM Blevins, CM DeCamp, CM Henson, CM Beard, CM Ellinger, and CM Blues voted against.

Amendment to Add "Leased" 1:08:57 A motion by CM Lane, seconded by CM Crosbie, to add "leased" after "owned" in Section 4(1)(a) of the smoking ban ordinance passed by voice vote.

Amendment to Change "Facilities" to "Buildings" 1:14:34 A motion by CM Blevins, seconded by CM Crosbie, to change "facilities" to "buildings" in Section 4(1) of the smoking ban ordinance passed by voice vote.

Amendment to Delete Paragraph E 1:16:09 A motion by CM Lane, seconded by CM Crosbie, to delete paragraph E of Section 4 of the smoking ban ordinance failed 2-6. CM Lane and CM DeCamp voted in favor, while CM Myers, CM McChord, CM Blevins, CM Henson, CM Beard, and CM Ellinger voted against.

Amendment to Include Examples of Establishments 1:18:55 A motion by CM Myers, seconded by CM Beard, to amend Section 3(1) to include examples of establishments (banks, laundromats, retail stores, professional offices, restaurants, bars, gaming facilities, and childcare facilities) passed by voice vote.

Amendment to Add "But Not Limited To" 1:22:47 A motion by CM Blevins, seconded by CM Myers, to amend the previous motion to include "but not limited to" for clarity passed by voice vote.

Transylvania Park Parking Recommendation 1:38:18 A motion by CM Ellinger, seconded by CM Crosbie, to accept Recommendation No. 1 from the Parking Authority for Transylvania Park on-street parking passed 9-1. CM Blues voted against. The motion included a condition to reconsider if the Board of Architectural Review denies two additional parking spaces.

Amendment to Parking Motion 1:42:43 A motion by CM Ellinger, seconded by CM Myers, to amend the previous motion to allow one additional parking space in the back and three residential permits instead of two additional spaces and two permits passed 9-1, with CM Blues voting against. The applicant must apply to the Board of Architectural Review and Board of Adjustment for additional parking.

Agenda Items Removed or Tabled Motions to table traffic safety issues adjacent to Christ the King Church 1:49:13, remove Cambridge Drive parking from the agenda 1:54:06, remove private swimming pool safety regulations 1:54:38, and remove the Par 3 Golf Course issue 1:55:49 all passed by voice vote.

Public Comment

Five speakers addressed the council during the public comment period, presenting perspectives on a proposed smoking ban and its potential impacts.

Mike Gobb, Executive Director of Bluegrass Airport 9:00, expressed concern that the smoking ban would negatively impact the airport's competitiveness, particularly with business travelers who value access to smoking lounges. He noted that the airport has invested heavily in secure, ventilated smoking rooms and warned that removing this amenity could drive customers away.

Dr. Ellen Hahn from the University of Kentucky College of Nursing 28:45 countered that enclosed smoking rooms do not effectively prevent secondhand smoke exposure. She stated that workers who clean these rooms remain at risk and cited the 2006 Surgeon General's report to support her position that such enclosures are insufficient.

CM DeCamp 50:16 argued that the airport's restricted access area justifies an exemption from the smoking ban. He reasoned that passengers and employees cannot easily leave the secure area to smoke, unlike in other public spaces, making the airport's situation unique.

CM Blevins 46:16 emphasized that the ordinance is fundamentally a public health initiative. He warned against setting a precedent by granting exemptions, particularly to government buildings, cautioning that such exceptions could lead to widespread exemptions undermining the ordinance's purpose.

CM Lane 1:01:07 raised a clarification question about the ordinance's language regarding "temporarily enclosed" spaces. He expressed concern that the definition could allow restaurants to permit smoking in patio areas when tent flaps are down, and he requested clearer language to prevent confusion and unintended loopholes.

Contested Items

The October 7, 2008 meeting included three significant areas of disagreement among council members:

Airport Smoking Exemption

The committee was divided on whether to exempt the airport from a proposed smoking ban. Some members supported granting an exemption, citing security and competitiveness concerns. Others opposed the exemption, arguing that it would establish a dangerous precedent and violate legal principles governing uniform application of smoking policies across government facilities.

Definition of "Temporarily Enclosed"

Council members engaged in heated discussion over the meaning and implications of the word "temporarily" as used in the ordinance language. The central concern was that an unclear definition could create loopholes allowing restaurants to permit smoking in patio areas when tent flaps or temporary coverings were lowered, potentially undermining the intent of the smoking restrictions.

Legal Precedent for Exemptions

A procedural dispute arose regarding the council's legal authority to grant an exemption to the airport without violating KRS 61.165, a state statute that prohibits local governments from selectively applying smoking policies to different government buildings. Council members debated whether exempting the airport would constitute impermissible "picking and choosing" among government facilities, thereby violating state law requirements for uniform treatment.

Smoking Ban - Stevens (1-14)

The committee discussed amendments to the smoking ban ordinance during this meeting. 0:00

Key Participants

The discussion involved Dr. Stevens, Mike Sanner, Peggy Miller, Mike Gobb, and Dr. Ellen Hahn.

Main Discussion Points

The committee addressed several specific amendments to the smoking ban ordinance:

• The addition of the word "temporarily" in the definition of enclosed structures
• The impact of the smoking ban on the airport
• Questions regarding the legality of exemptions under the ordinance

Outcome

The committee passed a motion to adopt the ordinance. A public forum has been scheduled for October 23, 2008, to allow for additional community input before final implementation.

Transylvania Park On Street Parking - Ellinger (15-21)

The committee reviewed recommendations from the Parking Authority regarding on-street parking accommodations for a duplex located on Transylvania Park 1:26:34.

Key Participants

The discussion involved Gary Means, Craig Hardin, and Jimmy Emmons.

Committee Action

The committee approved a motion that allows for three additional residential parking permits for the property. The approval also grants the property owner the opportunity to apply for one additional parking space in the back, contingent upon approval from the Board of Architectural Review.

Traffic Safety Issues: Streets Adjacent to Christ the King Church - Stevens (22+47)

The committee discussed traffic safety concerns affecting streets adjacent to Christ the King Church. 1:49:13

Key Participants

The discussion involved Dr. Stevens, CM Blevins, and CM Myers.

Outcome

A motion to table the issue was made and seconded. The committee passed the motion, deferring the matter until the next meeting.

Virtual Speed Humps - Ellinger ( )

Ashley Sells of Traffic Engineering presented information on virtual speed humps to the committee 1:50:17.

The committee acknowledged the concept of virtual speed humps during the discussion. However, rather than making an immediate decision, the committee determined that further research on the topic was warranted. The committee decided to defer action and revisit this item at a future meeting to allow for additional study and consideration of the proposal.

Outcome: Deferred

Items in Committee (48-49)

1:54:06

The committee discussed the removal of several items from the agenda due to lack of progress or resolution.

Items Removed from Agenda:

• Cambridge Drive parking
• Private swimming pool safety regulations
• Par 3 Golf Course

Key Speakers:

• CM Henson
• CM Blues
• CM Beard

Outcome:

The committee approved the removal of these items from the agenda.