Services Committee

Summary

Meeting Overview

The Services Committee met on December 2, 2008, at 1:00 P.M., with CM Ellinger presiding. The committee considered four agenda items during the meeting. Three motions were voted on, and the committee heard 17 public comments. The meeting included one informational presentation on items in committee. Of the substantive agenda items, three were deferred: the Dog Tethering Ordinance, the Solid Waste Fee Structure, and Man O War Truck Restrictions.

Attendance

Present: - CM Ellinger - CM Beard - CM Crosbie - CM DeCamp - Dr. Stevens - CM Gorton - CM James - CM Stinnett - Pam Rogers - Mary Ann Fugate - Janet Cowan - Kim Stewart - Pat Harris - Nancy Carey - Dianne Servis - Shirley Powell - Susan Malcomb - Commissioner Taylor - Paul Schoninger - Lt. Pape - Mr. McCord - Mr. Stinnett

Absent: - CM Henson - CM Lane

Votes and Decisions

Three motions were passed during the meeting, all by voice vote.

Dog Tethering Ordinance Subcommittee 44:12 CM Crosbie moved to create a subcommittee to study a dog tethering ordinance and report back within 60 days. CM DeCamp seconded the motion. The motion passed by voice vote.

Solid Waste Fee Structure Referral 59:28 CM DeCamp moved to remove the solid waste fee structure issue from the Services Committee and refer it to the Budget and Finance Committee. CM Stinnett seconded the motion. The motion passed by voice vote.

Manowar Truck Restrictions Enforcement Report 1:16:33 Dr. Stevens moved to have the Police Department report back to the Services Committee in 60 days with findings on enforcement of Manowar truck restrictions. Dr. Blues seconded the motion. The motion passed by voice vote.

Public Comment

The meeting included public comment on two primary topics: an anti-tethering ordinance for dogs and solid waste fee structure.

Anti-Tethering Ordinance

Multiple speakers addressed dog tethering practices in Lexington:

• Pam Rogers [0:04:04] from the Humane Society of the United States presented a PowerPoint on the dangers of dog tethering, citing physical and psychological harm to dogs and increased risk of bites, and advocated for a complete ban on unaccompanied chaining based on successful enforcement models from Louisville.

• Mary Ann Fugate [0:21:51] from SOAR emphasized that Lexington lacks standards for humane dog confinement and advocated for a complete ban on unaccompanied chaining, highlighting SOAR's efforts to help low-income owners with fencing and behavioral training.

• Janet Cowan [0:29:07] from Friends of the Dog Park supported humane treatment of dogs but argued against a total ban, recommending a task force and public education campaign before enforcement.

• Kim Stewart [0:32:19] urged the committee to act decisively, citing widespread tethering in Lexington and calling on the city to be a role model for humane animal treatment.

• Pat Harris [0:35:06] supported a total ban, arguing that time-limited tethering is unenforceable and that a complete ban simplifies enforcement.

• Nancy Carey [0:37:57], Dianne Servis [0:39:09], and Shirley Powell [0:41:16] also spoke in support of a ban, with Servis sharing personal experiences as a city letter carrier of seeing chained dogs daily.

• Susan Malcomb [0:42:29] supported forming a task force to ensure inclusive dialogue among stakeholders.

Solid Waste Fee Structure

• Paul Schoninger [0:48:36] presented data on user fees, noting that 60% of communities use them, and highlighted the need for foundational improvements before fee changes.

• Commissioner Taylor [0:50:42] confirmed staff openness to studying fee options and emphasized the need for updated data and infrastructure readiness.

• Mr. Stinnett [0:56:37], Ms. Gordon [1:00:02], Ms. James [1:01:12], and Mr. McCord [1:06:13] offered additional perspectives on fee structures, recycling incentives, service quality, and capacity planning.

Private Haulers and Manowar Truck Restrictions

• Commissioner Taylor [1:08:20] explained that private haulers operate via subscription contracts without city licensing.

• Mr. McCord [1:17:03] criticized the city's lack of long-term planning regarding Manowar, which now bears heavy commercial traffic despite being designed as a neighborhood connector.

Contested Items

Dog Tethering Ordinance

The council engaged in a heated discussion regarding a proposed dog tethering ordinance. The central disagreement centered on enforceability and fairness of the proposed regulations. Some speakers advocated for allowing time-limited tethering as a compromise approach, while others insisted on a complete ban, citing public safety concerns and animal welfare considerations. The debate reflected differing views on how to balance pet owner flexibility with community protection and animal welfare standards.

Solid Waste Fee Structure

Council members were divided on the procedural handling of the solid waste fee structure issue. The disagreement focused on whether the matter should remain under the Services Committee's jurisdiction or be transferred to the Budget and Finance Committee. Underlying this procedural split were substantive concerns about fairness of the proposed fee structure, the readiness of infrastructure to support any changes, and the financial impact on residents and businesses. The split vote indicated that council members held different priorities regarding how to evaluate and advance this issue.

Dog Tethering Ordinance

1:17

The committee discussed a proposed ordinance to ban unaccompanied dog tethering in Lexington. Presenters from the Humane Society, SOAR, and community members addressed the issue, highlighting multiple concerns related to public safety, animal welfare, and implementation challenges.

Key Speakers and Presentations

The following individuals participated in the discussion: Pam Rogers, Mary Ann Fugate, Janet Cowan, Kim Stewart, Pat Harris, Nancy Carey, Dianne Servis, Shirley Powell, and Susan Malcomb.

Issues Raised

Presenters emphasized public safety risks associated with unaccompanied tethered dogs, as well as animal welfare concerns. The discussion also addressed practical enforcement challenges that would need to be resolved in any ordinance implementation.

Recommendation

The committee recommended establishing a task force to develop a consensus-based ordinance that would address the concerns raised during the discussion.

Outcome

The matter was deferred for further consideration.

Solid Waste Fee Structure

The committee discussed concerns regarding the fairness of the current solid waste fee system, which is based on ad valorem taxation. 45:13

Presentation and Findings

Staff presented findings from a 2006 study examining the existing trash fee structure. The presentation highlighted the need for infrastructure upgrades before the committee could consider implementing user fees as an alternative to the current system.

Key Participants

The discussion involved CM DeCamp, Paul Schoninger, Commissioner Taylor, Mr. Stinnett, Ms. Gordon, and Ms. James.

Concerns Raised

Committee members raised concerns about the fairness of the ad valorem tax-based approach to determining trash fees, indicating that the current method may not equitably distribute costs among users.

Outcome

The committee deferred further action on this matter and referred the issue to the Budget and Finance Committee for additional review and analysis.

Man O War Truck Restrictions

1:10:57

The committee discussed complaints regarding noise and traffic from trucks using Manowar Road. The discussion centered on the challenges of enforcing existing ordinances against heavy truck traffic in the area.

Key Concerns Raised

The primary issues identified were noise disturbances and traffic congestion caused by trucks on Manowar Road. These complaints prompted the committee to examine what enforcement mechanisms were available.

Enforcement Challenges

Lt. Pape indicated that enforcement of existing ordinances is difficult due to two main factors: the route flexibility available to truck drivers and the lack of surveillance infrastructure in the area. These limitations make it challenging for police to monitor and enforce restrictions effectively.

Committee Action

The committee passed a motion directing the police department to develop a comprehensive response to the truck traffic problem. Police were tasked with reporting back to the committee within 60 days with a proposed surveillance and enforcement plan to address the issues on Manowar Road.

Speakers

The discussion involved Dr. Stevens, Lt. Pape, and Mr. McCord.

Outcome

The matter was deferred pending the police department's 60-day report on surveillance and enforcement options.

Items in Committee

This agenda item was presented for informational purposes only. No formal discussion or action occurred during this portion of the meeting.