Aug 06, 2025 Ad Hoc Committee on Efficiency of Boards and Commissions

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DO.

TESTING. TESTING. TESTING. TESTING.

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[Call to Order]

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[Roll Call]

[2. O-085-25     AN ORDINANCE AMENDING THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT CODE OF ORDINANCES (“LMCO”) SECTION 40.45 TO ADDRESS BOARD MEMBER CONFLICTS OF INTEREST.  7/23/25 Ad Hoc Committee on Efficiency of Boards and Commissions Held 6/4/25   Ad Hoc Committee on Efficiency of Boards and Commissions Held 5/7/25   Ad Hoc Committee on Efficiency of Boards and Commissions Held 4/16/25 Ad Hoc Committee on Efficiency of Boards and Commissions Held Action Required By  September 27, 2025 Sponsors: Donna L. Purvis (D-5) ]

THE REASON FOR THIS LEGISLATION IS TO MAKE SURE THAT INDIVIDUALS THAT ARE BEING APPOINTED TO BOARDS ARE NOT THERE FOR THE INTENDED PURPOSES OF BENEFITING FROM THESE AGENCIES THAT THEY ARE BEING APPOINTED TO, TO SERVE AS BOARD MEMBERS. SO THIS IS TO A THIS IS TO AVOID ANY CONFLICT OF INTEREST WHILE SERVING ON THESE PARTICULAR BOARDS. DOES ANYONE HAVE ANY QUESTIONS? COUNCILMAN KRAMER THANK YOU. COUNCILWOMAN. IS IT YOUR HOPE TO PASS THIS OUT TODAY, OR WERE YOU HOPING TO DISCUSS IT TODAY? I KNOW IT'S BEEN BEFORE. IT'S BEEN ON THE AGENDA FOR A WHILE. YES.

AND THANK YOU ALL FOR BEING PATIENT WITH ME. WHY? IT'S BEEN HELD. IT IS MY I WOULD LIKE TO GET IT PASSED OUT OF COMMITTEE TODAY. UNLESS YOU WANT TO TALK TO ME ABOUT IT MORE. NO, NOT NECESSARILY MA'AM. MY UNDERSTANDING WAS THAT WE WERE HOPING TO FINISH THE WORK OF THIS COMMITTEE AND THEN HAVE A MORE COMPREHENSIVE LOOK AT RULES AND REGULATIONS AROUND BOARDS AND COMMISSIONS, AND THAT THIS WOULD CERTAINLY BE A PART OF THAT CONVERSATION. AND THIS ALL STARTED A WHILE BACK WHERE THERE WAS AN INDIVIDUAL, RIGHT, THAT HAD BEEN NOMINATED TO SIT ON A BOARD AND LOOKING AT THEIR LINE OF BUSINESS. I DID QUESTION THEM ABOUT BEING ON THAT BOARD. WILL THEY BE SEEKING FUNDING FROM THIS PARTICULAR BOARD THAT THEY WERE LOOKING TO SERVE ON? AND THEIR ANSWER WAS YES. AND SO. OTHERS, ALONG WITH ME, WE FELT LIKE THAT WAS A CONFLICT OF INTEREST. AND WE REALLY WOULD LIKE FOR PEOPLE TO SERVE ON THE BOARD WITH THE PURPOSE OF, OF GIVING TO AND ADDING SOMETHING TO THE BOARD FOR THE AGENCY, INSTEAD OF LOOKING FOR LOOKING FOR SOMETHING IN RETURN FOR SERVING ON THESE BOARDS. COUNCILMAN REED, THANK YOU, MADAM CHAIR. AND COUNCILMAN PURVIS, JUST LOOKING AT THIS, IT LOOKS AS THOUGH IT'S ADDRESSING ONE SPECIFIC BOARD. BUT I'M NOT SEEING ANYTHING RELATIVE TO ANY OF THE OTHER BOARDS. IS THAT BY DESIGN, IS IT ONLY ADDRESSING THE AFFORDABLE HOUSING TRUST FUND BOARD? YES. OKAY. WELL, YEAH. THERE YOU HAVE IT. OKAY. WE LIKE I SAID, WE DO HAVE PEOPLE OR HAVE PEOPLE THAT WERE

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ANY OTHER QUESTIONS? NO. THANK YOU. THANK YOU. COUNCILWOMAN, DO YOU KNOW ONCE IF THIS IS PASSED AT THE COUNCIL LEVEL, HOW WILL THIS IMPACT, IF AT ALL, THE CURRENT MAKEUP OF THE AFFORDABLE HOUSING TRUST FUND? TO MY KNOWLEDGE, THAT WAS THE ONLY PERSON THERE. AND THIS IS ONE OF THE REASONS WHY I WOULD EITHER PROBABLY ASK YOU TO SEND THIS TO OLD BUSINESS IF IT'S PASSED, SO THAT THERE COULD BE MORE DISCUSSION AROUND IT. THAT WOULD BE AMENDABLE. COUNCILMAN KRAMER YES, I REMEMBER THE CONVERSATION THAT COUNCILMAN THAT YOU'RE REFERRING TO, AND AS I RECALL, THAT PERSON EITHER WITHDREW OR WAS HELD TO THE POINT THAT IT WAS HELD IN COMMITTEE TO THE POINT THAT THE MAYOR WITHDREW THAT NAME, BUT THAT THAT PERSON IS NOT CURRENTLY SERVING. I ALSO REMEMBER THERE WAS A LOT OF CONVERSATION AROUND, AGAIN, THAT WE HAD FORMED THIS COMMITTEE AND THAT THIS COMMITTEE WAS GOING TO BE LOOKING AT ALL OF THE BOARDS AND COMMISSIONS AND THE KINDS OF RESTRICTIONS THAT YOU'RE PROPOSING HERE WOULD SEEM REASONABLE FOR MORE THAN JUST THE AFFORDABLE HOUSING TRUST FUND. AND I THINK YOU'RE ABSOLUTELY RIGHT. I DON'T THINK WE SHOULD. I DO THINK IT'S A CONFLICT OF INTEREST WHEN A PERSON LOOKS FOR OPPORTUNITIES TO SERVE ON BOARDS AND COMMISSIONS, WHERE THOSE BOARDS AND COMMISSIONS HAVE A DIRECT IMPACT ON THE ON ON THEIR DAY TO DAY TO DAY PROFESSION, RATHER THAT'S, YOU KNOW, DIRECTING MONEY TOWARDS THEIR, THEIR BUSINESS OR BEING IN A POSITION TO INFLUENCE REGULATIONS THAT WOULD, YOU KNOW, HAVE A MONETARY IMPACT ON THEIR BUSINESS. SO I THINK IT'S A BIGGER CONVERSATION TO BE HAD. I'M NOT NECESSARILY OPPOSED TO THE LANGUAGE THAT'S HERE. IT'S JUST I'M HESITANT TO PUT FORWARD AN ORDINANCE THAT DEALS WITH ONLY ONE BOARD OR COMMISSION TO DEAL WITH A SITUATION THAT HAS ACTUALLY ALREADY RESOLVED ITSELF. AND I COME BACK LATER AND HAVE TO CHANGE THE OVERALL ORDINANCE, IF THAT MAKES SENSE. AND I AGREE WITH YOU. I WAS I WAS HOPING THAT WE WOULD JUST DO THIS. ALL AS AS ONE PIECE, BUT SAYING THAT WE'RE NOT MOVING IN THAT DIRECTION, I THOUGHT THAT MAYBE I OUGHT TO JUST GO AHEAD AND ADDRESS THIS ONE SINGLE HANDEDLY IN HOPES OF US LOOKING AT, YOU KNOW, ALL OF THE BOARDS AND LOOKING AT THE LANGUAGE AND MAKING SURE THAT THE PEOPLE THAT ARE BEING APPOINTED TO THESE BOARDS, THAT IT WON'T BE FOR THEIR BENEFITS, THAT THEY WON'T BE INTERESTED IN SERVING ON THESE BOARDS WITH THEIR OWN HIDDEN AGENDAS. TO ME, MY HOPE IS THAT WE ARE MOVING TOWARDS THAT. IS THERE A REASON? WOULD YOU SUGGEST THAT YOU WANT TO MOVE IT NOW, BECAUSE YOU GET THE SENSE THAT WE MIGHT NOT BE MOVING IN THAT DIRECTION WITH WITH ALL THE BOARDS AND COMMISSIONS. I WASN'T AWARE THAT ANYTHING HAD CHANGED. IT'S STILL MY INTENTION TO LOOK AT REGULATIONS THAT WOULD APPLY TO ALL THE BOARDS AND COMMISSIONS, WHICH WOULD INCLUDE SOME OF THE LANGUAGE THAT YOU HAVE IN HERE.

I, I WOULDN'T KNOW WHERE WE CHANGE OUR MIND ON THAT. YEAH, I DON'T KNOW. AND I WOULD AGREE WITH YOU. I WOULD LIKE TO ADDRESS ADDRESS THIS LIKE GLOBALLY. BUT LIKE I SAID SAYING THAT WE IT DOESN'T SEEM THAT WE'VE MOVED IN THAT DIRECTION. THIS IS WHY I WANTED TO GO AHEAD AND ADDRESS THIS PARTICULAR BOARD. AND, COUNCILMAN, I AGREE WITH YOU THAT WE WERE HOPING TO HAVE A GOOD ACTION PLAN COMING OUT OF THIS, AND I THINK THAT THAT'S SOMETHING THAT'S WORTH A BIG DISCUSSION FOR US. AND LIKE YOU WERE SAYING, WHAT'S IN THIS LEGISLATION? I DON'T THINK THAT I DISAGREE WITH IT, AND I'M GLAD FOR THE DISCUSSION. BUT ALSO, MAYBE I'M CHALLENGING YOU AS A COLLEAGUE TO HELP WHEN WE CREATE THAT PLAN. HOW MANY OTHER BOARDS AND COMMISSIONS, YOU KNOW, WILL THAT APPLY TO? BECAUSE, YOU KNOW, I'M SAYING THIS SPEAKING FOR MYSELF, THIS IS A REALLY BIG BEAST THAT WE'RE WRESTLING RIGHT NOW, AND I HOPE THAT WE COME UP WITH A REALLY FRUITFUL AND ACTIONABLE PLAN. YES. IF I IF I MAY, THEN, COUNCILWOMAN, AGAIN, I APPRECIATE THAT THAT YOU'VE GOTTEN THIS BEFORE US. IT'S ABSOLUTELY A FLAG IN THE GROUND THAT SAYS WE'RE GOING TO THIS IS GOING TO COME BEFORE US. MY PREFERENCE WOULD BE THAT WE WOULD KEEP THE FLAG EXACTLY

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ABSOLUTELY. I WOULD LOVE TO JOIN FORCES WITH YOU AND WORK ON MAKING THIS ACROSS THE BOARD LEGISLATION, AND I RESPECT YOU. IF YOU WANTED TO MAKE A MOTION TO TABLE THIS UNTIL WE CA INCLUDE EVERYTHING, ALL OF THE BOARDS AND COMMISSIONS IN THIS LEGISLATION. TO MY UNDERSTANDING, ACTION IS REQUIRED ON THIS BY SEPTEMBER 27TH. AND SO IT CAN'T BE HELD ANY LONGER. SO IT WOULD NEED TO BE WITHDRAWN COMPLETELY AND THEN REINTRODUCED AT ANOTHER TIME. AM I UNDERSTANDING CORRECTLY? I'M SORRY. THIS IS SONYA HARWOOD, THE CLERK. I DON'T HAVE MY COMPUTER UP ALL THE WAY, SO WE STILL HAVE TIME TO ACT ON THIS, BUT WE CAN JUST REINTRODUCE IT AND IT CAN. IT CAN REMAIN ON THE AGENDA. WE CAN PUT IT BACK ON NEW BUSINESS AND REINTRODUCE IT ONE MORE TIME, BUT A FEW MORE TIMES, IF NECESSARY. MADAM CLERK, CAN WE CAN WE REINTRODUCE IT TODAY, OR DO WE HAVE TO WAIT TILL THE 27TH? NO, WE CAN ACTUALLY GO AHEAD AND REINTRODUCE IT NEXT THURSDAY BECAUSE IT GOES BACK ON TO NEW BUSINESS. AND DOES THE REINTRODUCTION HAVE TO BE MADE BY THE BY THE PRIMARY SPONSOR, OR CAN A MEMBER OF THIS COMMITTEE MAKE A MOTION AT THE MEETING THURSDAY TO REINTRODUCE IT? I THINK I DO NOT THINK THAT OUR, OUR RULES SPEAK TO THAT. I THINK THAT THAT WOULD BE UP TO YOU ALL AND ACTUALLY WE WOULD DO IT. I WOULD HAVE IT ON THE AGENDA ON MONDAY WHEN I INTRODUCE THE TENTATIVE AGENDA.

WELL, IF COUNCILWOMAN PURVIS WOULD PERMIT ME, I WOULD LIKE TO MAKE SURE THAT IT GETS REINTRODUCED ON THURSDAY. AND AT THAT POINT, I'D LIKE TO ADD MY NAME AS A AS A SPONSOR AGAIN WITH COUNCILWOMAN PURVIS'S. I DON'T KNOW IF PERMISSION IS THE RIGHT LANGUAGE, BUT I CERTAINLY WOULD APPRECIATE HER APPROVAL. ABSOLUTELY. OKAY, THIS IS THE CLERK AGAIN, AND I'LL GET THAT ADDED NOW. THANK YOU. GREAT. THANKS. SO I'D MAKE A MOTION THEN THAT WE REINTRODUCE THIS AT THURSDAY NIGHT'S MEETING BEFORE WE MAKE ANY MOTIONS, IF YOU DON'T MIND HOLDING IT, BECAUSE COUNCILMAN LEIDIGER WAS IN THE QUEUE AND I JUST. AND ALSO, COUNCILMAN REED, I'M SORRY. THIS IS SONYA HARWOOD ONE MORE TIME. I'M GOING TO LEAVE SOON. THERE IS NO MOTION NEEDED FOR THAT.

YOU'LL JUST TABLE IT, OKAY? YOU'LL MAKE THE MOTION TO TABLE WHEN YOU'RE DONE. ALRIGHTY.

WELL, COUNCILMAN, THE FLOOR IS YOURS. YES. THANK YOU. AND I JUST HAD A COUPLE OF NUTS AND BOLTS QUESTIONS, ESPECIALLY AS WE, YOU KNOW, THINK ABOUT THESE SORTS OF THINGS. SO WE'RE LOOKING AT THE TRUNCATED 4045 TO TALK ABOUT CONFLICTS OF INTEREST. IS THERE ANY DEFINITION ELSEWHERE THAT SPEAKS TO DEFINING WHAT IS A CONSULTANT OR CONTRACTOR IN THIS SUBSECTION? AND FURTHER, DO WE HAVE ANY LANGUAGE? I GUESS THAT I A THAT WE WANT TO THINK ABOUT IN TERMS OF COOL DOWN, SIMILAR TO, YOU KNOW, NON LOBBYING PROVISIONS TO EX MEMBERS OF THE BODY. YOU KNOW, HOW LONG CAN SOMEONE HAVE NOT BEEN, YOU KNOW, A CONTRACTOR BEFORE THEY NO LONGER HAVE A FIDUCIARY RESPONSIBILITY TO THE FIRMS THAT THEY'VE REPRESENTED OR WORKED WITH OR PERHAPS HAVE, YOU KNOW, INTIMATED THAT THEY WOULD LIKE TO HELP THEM ON THE BOARD? COUNCILMAN KRAMER, TO MY KNOWLEDGE, THE WAY OUR POLICIES ARE CURRENTLY WRITTEN, THERE'S NOTHING THAT SAYS THAT YOU HAVE TO HAVE BEEN OUT OF THAT FOR X AMOUNT OF TIME IN THE CONVERSATIONS THAT WE'VE HAD SO FAR, THAT HAS BEEN A PIECE OF THE CONVERSATION. AND VERY MUCH

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THANK YOU. THANK YOU SO VERY MUCH FOR BEING HERE. ALL RIGHT. TODAY WE HAVE SPEAKERS FROM THE LANDMARKS COMMISSION, CODE ENFORCEMENT BOARD, PLANNING COMMISSION AND BOARD OF ZONING ADJUSTMENT. THANK YOU ALL FOR BEING HERE. AND BECAUSE WE HAD THAT LEGISLATION, I FEEL BAD FOR KEEPING YOU HERE AND EVERYONE HERE A LITTLE BIT LONGER. BUT YOU'RE ALL LOUISVILLE METRO EMPLOYEES, SO I FEEL LESS BAD ABOUT IT. SO. ALL RIGHT, I JUST WANT TO REMIND EVERYONE THE GOALS OF THIS COMMITTEE. WE'RE JUST TRYING TO LEARN MORE ABOUT YOUR COMMITTEES AND TRYING TO UNDERSTAND WHAT YOU'RE UP TO. THIS IS NOT IN ANY SORT OF WAY THAT WE'RE TRYING TO PUNISH YOU.

YOU'RE NOT HERE BECAUSE YOU, YOU KNOW, CAME UP WITH A RED FLAG AND WE SAID, WE'VE GOT TO FIGURE THAT OUT. SO JUST WANT TO LET YOU KNOW THAT WE WANT TO LEARN MORE ABOUT YOU. I THINK WE'VE GOT SOME PRESENTATIONS. I'M GOING TO SET A TIMER FOR 15 MINUTES. BEST TO DO IS PRESENT FOR ABOUT 6 TO 7 MINUTES MAX, AND THEN LEAVE A LITTLE ROOM FOR FOLKS TO ASK QUESTIONS. SO WE'LL JUMP INTO IT. AND I'M GOING TO START WITH THE LANDMARKS COMMISSION. SO MR. HELLO. THANK YOU. SAVANNAH. I'M THE HISTORIC PRESERVATION OFFICER, AND I'M IN THE OFFICE OF PLANNING. AND THEN, CHERYL, I DO HAVE A POWERPOINT. OKAY. THERE IT IS. SO I JUST WANTED TO START WITH A LITTLE BIT OF BACKGROUND. OUR LANDMARKS COMMISSION WAS ESTABLISHED IN 1973 SPECIFICALLY FOR THE CITY GOVERNMENT. AND THEN IN 1980, A SEPARATE COMMISSION WAS ESTABLISHED FOR THE COUNTY GOVERNMENT. AND THEN, OF COURSE, IN 2003, WITH THE MERGER, THOSE TWO COMMISSIONS WERE COMBINED INTO ONE LANDMARKS COMMISSION AND LMCO 32.25 REGULATES THE COMMISSION AND ITS PROCESSES. AND THEN FOR MEMBERSHIP THERE ARE 13 TOTAL MEMBERS. TEN MEMBERS ARE APPOINTED BY THE MAYOR AND REVIEWED BY METRO COUNCIL, AND I'VE INCLUDED THOSE HERE. WE HAVE ONE ARCHITECT, ONE ARCHITECT OR LANDSCAPE ARCHITECT. WE HAVE A HISTORIAN, AN ATTORNEY, A REAL ESTATE BROKER, A REPRESENTATIVE, AN ARCHEOLOGIST, AND THREE AT LARGE POSITIONS. WE ALSO HAVE ONE MEMBER THAT IS APPOINTED BY THE METRO COUNCIL PRESIDENT. WE HAVE ONE MEMBER THAT IS THE DIRECTOR OF PLANNING AND ONE MEMBER THAT IS THE DIRECTOR OF CODES AND REGS. AND OUR MEMBERS SERVE WITHOUT COMPENSATION. AND THEN I JUST KIND OF WANTED TO GO OVER SOME HIGH LEVEL DUTIES OF THE LANDMARKS COMMISSION. PER THEIR ORDINANCE, THEY ARE THERE TO PROMOTE PRESERVATION OF THE CITY AND COUNTY'S HERITAGE. THEY ADVISE LOCAL GOVERNMENT ON POLICIES THAT AFFECT HISTORIC PROPERTIES. THEY CARRY OUT POLICY, AS I MENTIONED, SET FORTH IN THEIR ORDINANCE, AND THEY REVIEW CASES. AND THESE ARE SOME OF THEIR CASE TYPES. THEY REVIEW APPEALS OF STAFF OR COMMITTEE DECISIONS ON CERTIFICATES OF APPROPRIATENESS CALLED COAS. THOSE ARE KIND OF OUR TEAM SORT OF PERMITS, IF YOU WILL, WE THEY REVIEW ECONOMIC HARDSHIP EXEMPTIONS. SO FOR EXAMPLE, IF A CASE FOR DEMOLITION IS DENIED, AN OWNER CAN APPLY FOR AN ECONOMIC HARDSHIP EXEMPTION. THEY ALSO REVIEW LOCAL DESIGNATIONS, WHICH MOST OF YOU ALL ARE FAMILIAR WITH, WHETHER THOSE ARE INDIVIDUAL LANDMARKS OR PRESERVATION DISTRICTS. AND LASTLY, OUR COMMISSIONERS DO SERVE ON OUR ARCHITECTURAL REVIEW COMMITTEES OR ARCS. THERE IS AN ARC FOR EVERY PRESERVATION DISTRICT. SO THERE'S SEVEN OF THOSE, AND THEN THERE'S ONE FOR ALL OF OUR INDIVIDUAL LANDMARKS. AND THOSE COMMITTEES DO REVIEW THOSE CERTIFICATES OF APPROPRIATENESS THAT I MENTIONED. SO OUR LANDMARKS COMMISSIONERS ALSO SERVE ON THOSE COMMITTEES. THERE ARE OTHER SUBCOMMITTEES OF THE

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IT'S KIND OF JUST A RECOMMENDATION, IF YOU WILL. SURE. AND I BELIEVE WE JUST VOTED ON THAT CHICKASAW PLAN. IF I'M CORRECT, IT'S GOING TO PLANNING AND ZONING COMMITTEE.

YEAH. OKAY. IN A COUPLE WEEKS. COUNCILMAN REED. THANK YOU, MADAM CHAIR. HI, SAVANNAH.

QUESTION. HELP ME THROUGH THE PROCESS HERE. WHEN A PROPERTY HAS BEEN LANDMARKED PROPERLY.

WHO FOLLOWS UP WITH THAT? THE PROPERTY OWNER, TO MAKE SURE THAT IT'S BEING MAINTAINED TO WHATEVER SPECIFIC, SPECIFIC GUIDELINES AS REQUIRED, EITHER AT THE LOCAL LEVEL OR THE STATE LEVEL. IS THAT SOMEBODY ON YOUR STAFF OR IS IT SOMEBODY IN CODES AND REGS, AND HOW OFTEN DOES IT HAPPEN? SO WE DO HAVE ZONING ENFORCEMENT OFFICERS THAT SPECIFICALLY REVIEW FOR VIOLATIONS OF OUR LANDMARKS ORDINANCE. AND THAT'S USUALLY COMPLAINT BASED. SO 311 COMPLAINTS TO GET OUR ZONING ENFORCEMENT OFFICERS OUT THERE TO REVIEW THAT PROPERTY. I MENTIONED THAT WE HIRED A CONSULTANT TO LOOK AT OUR REGULATIONS, AND WE DON'T CURRENTLY HAVE REGULATIONS THAT REQUIRE SOMEONE TO UPKEEP A PROPERTY TO A CERTAIN LEVEL.

THAT'S REALLY CODES AND REGULATIONS, PROPERTY MAINTENANCE REGULATIONS, BUT SOMETHING WE'VE BEEN HEARING A LOT ABOUT ARE REQUESTS FROM THE PUBLIC FOR US TO LOOK INTO POSSIBLY CREATING GUIDELINES OF WHAT WE CALL DEMOLITION BY NEGLECT. SO SOMEBODY IS LETTING THEIR PROPERTY GO FOR SO LONG THAT IT BECOMES A DEMOLITION JUST BECAUSE OF YEARS OF NEGLECT. AND SO THOSE ARE SOME OF THOSE REGULATIONS AND RECOMMENDATIONS WE'VE BEEN LOOKING AT FROM A CONSULTANT WHO DID NATIONWIDE RESEARCH. SO WE DON'T CURRENTLY HAVE STANDARDS THAT A PROPERTY OWNER HAS TO MAINTAIN THEIR PROPERTY TOWARD. THEY GENERALLY COME TO US IF THEY ARE REQUESTING TO MAKE CHANGES TO THEIR PROPERTY. SO SAY THEY WANT TO REPLACE THEIR WINDOWS OR THEIR SIDING. THEN THEY COME TO US AND WE HAVE A SET GUIDELINES THAT WE REVIEW THAT WITH. OKAY. WHAT ABOUT THE STATE? DOES THE STATE HAVE A SIMILAR OVERSIGHT AUTHORITY OR.

IT DEPENDS. SO IF THE PROPERTY IS ALSO LISTED IN THE NATIONAL REGISTER, THE STATE CAN HAVE SOME SAY IN WHAT HAPPENS THERE. BUT IF IT'S JUST LOCALLY DESIGNATED THEN IT JUST GOES. SO ON A NATIONAL REGISTER IS THAT THE FEDERAL GOVERNMENT THAT WOULD DO THE INSPECTION AND IS THAT COMMON OR NOT? NOT VERY COMMON. THEY WILL DO THAT WITH NATIONAL HISTORIC LANDMARKS, BUT JUST PROPERTIES THAT ARE ON THE NATIONAL REGISTER. THEY TEND TO DELEGATE MOST AUTHORITY TO THE STATE LEVEL. OKAY, I'M NOT ADVOCATING FOR, YOU KNOW, THE LONG ARM OF THE OF THE LOCAL GOVERNMENT TO MAKE SURE THAT SOMEBODY IS DOING SOMETHING THAT VERY COSTLY AND EXPENSIVE AND PUTTING AN ONUS ON ON PROPERTY OWNERS. BUT AT THE SAME TIME, I DO THINK THAT THERE'S A THERE'S A FINE LINE IN THERE TO WHERE IF SOMEBODY IS ALLOWING A PROPERTY THAT'S BEEN LANDMARKED TO FALL INTO DISREPAIR, THAT WE SHOULD HAVE SOME SORT OF RECOURSE. AND THAT'S A LOT OF WHAT WE'VE BEEN HEARING, AND I'M HAPPY TO SHARE THOSE FINDINGS FROM THAT. TERRACON IF YOU WOULD LIKE, ON WHAT THEY FOUND NATIONWIDE ABOUT THOSE SORTS OF POLICIES. THANK YOU. COUNCILMAN HENNINGER, AS I REPRESENT TWO HISTORIC PRESERVATION DISTRICTS, LET ME SAY THAT I DISAGREE WITH COUNCILMAN REED. I DO WANT THE LONG ARM OF LOCAL GOVERNMENT TO BE ABLE TO STEP IN WHEN PROPERTIES ARE NOT BEING HELD UP TO THE HISTORIC PRESERVATION STANDARDS. YOU KNOW, WE SAY IN OLD LOUISVILLE, YOU KNOW, NOBODY LIVES HERE BY ACCIDENT. WE LIVE HERE BECAUSE WE LOVE THE

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AND WE, MY DAD WOULD DRAG ME TO THESE HISTORICAL PRESERVATION GROUPS AROUND TOWN. AND I DIDN'T APPRECIATE IT THEN, BUT I SURE DO NOW. AND I WISH THAT I PAID MORE ATTENTION. AND IT'S JUST, YOU KNOW, IT'S OUR HISTORY IS SO IMPORTANT TO NOT JUST TEAR IT DOWN AND BUILD THE NEXT BUILDING. SO WHAT'S WHAT WOULD YOU SAY THE LAST NOT TO GET, YOU KNOW, DEEP IN IT NOT TO BE NEGATIVE. WHAT WAS YOUR LAST? CONFRONTATION IN YOUR IN YOUR GROUP? I WILL SAY THAT INDIVIDUAL LANDMARK DESIGNATIONS CAN BE PRETTY CONTENTIOUS. WE HAVE AN ORDINANCE THAT ALLOWS FOR THE CITIZENS TO COME TOGETHER WITH A PETITION PROCESS, TO REQUEST THAT SOMETHING BE DESIGNATED AS A LANDMARK, AND SOMETIMES THAT IS, AGAINST THE OWNER'S WISHES, BECAUSE THE CURRENT OWNER IS WANTING TO TEAR IT DOWN OR WHATEVER THEIR PLANS MAY BE. AND SO THOSE CAN GET PRETTY CONTENTIOUS FOR US. AND BACK IN 2019, METRO COUNCIL ASKED US TO LOOK AT OUR ORDINANCE AND DO NATIONWIDE RESEARCH AND A LOT OF PROGRAMS LIKE OURS ACROSS THE COUNTRY HAVE THAT PROVISION SO THAT CITIZENS HAVE A SAY IN THEIR HISTORY AND THEIR PRESERVATION. GREAT. YEAH. WELL, THANK YOU VERY MUCH. COULD YOU TALK ABOUT THE 109, 103 BOARD, 100 SOMETHING COMMISSION? IS THAT THE MEETING WE HAD THE OTHER NIGHT? YES. OKAY. AND HOW THAT RELATES TO YOUR WORK AND ANYTHING WITH THE LANDMARKS COMMISSION, BECAUSE IF MY COLLEAGUES CHECK THEIR EMAILS, THIS SHOULD KIND OF SPARK SOMETHING FOR THEM. RIGHT? OKAY.

I'M GOING TO GET REALLY HIGH LEVEL. AND YOU ALL HERE. SO THERE'S THE NATIONAL HISTORIC PRESERVATION ACT THAT WAS DONE IN THE 1960S. AND AS PART OF THAT, IT REGULATES THE FEDERAL GOVERNMENT. AND WHEN THE FEDERAL GOVERNMENT SPENDS THEIR MONEY, THERE IS A REVIEW THAT HAS TO BE DONE. THAT'S CALLED SECTION 106. THE SECTION 106 REVIEW BASICALLY LOOKS AT A FEDERAL UNDERTAKING, WHICH IS WHAT THEY CALLED IF THEY'RE SPENDING THEIR MONEY IN THEIR CULTURAL RESOURCES THAT ARE GOING TO BE IMPACTED. AND THAT INCLUDES ABOVE GROUND. SO BUILDINGS, NEIGHBORHOODS, ETC, AND THAT ALSO INCLUDES BELOW GROUND, SO ARCHEOLOGICAL SITES AND LOUISVILLE METRO IS A CERTIFIED LOCAL GOVERNMENT. AND THAT IS A DESIGNATION FROM THE FEDERAL GOVERNMENT. WE HAVE A LANDMARKS COMMISSION, WE HAVE LANDMARKS ORDINANCE. AND WE FOLLOW THESE REGULATIONS SET FORTH BY THE FEDERAL GOVERNMENT. SO WE ARE CALLED A CERTIFIED LOCAL GOVERNMENT OR A CLG. AND SO WHEN YOU HAVE A CLG ON STAFF AND YOU HAVE A TRAINED PROFESSIONAL, ME AND SOME OF MY TEAM MEMBERS WHO TAKE THE 106 TRAINING FROM THE FEDERAL GOVERNMENT, WE DO THOSE REVIEWS IN-HOUSE. SO, FOR EXAMPLE, THE OFFICE OF HOUSING GETS A LOT OF HUD FUNDS EVERY YEAR THAT THEY THEN GRANT BACK OUT AGAIN THROUGH THEIR VARIOUS PROGRAMS. AND SO WE HAVE AN INTERNAL REVIEW PROCESS TO LOOK AT THOSE. IS THIS CHANGE THAT SOMEONE IS MAKING TO THIS HOUSE? IS THIS NEW DEVELOPMENT THAT HOUSING IS GIVING FUNDING OUT FOR, ETC, GOING TO IMPACT THOSE CULTURAL RESOURCES AND WHAT WE CALL THAT DOCUMENT, THAT GUIDING DOCUMENT THAT DRIVES US THROUGH THIS PROCESS IS CALLED A PROGRAMMATIC AGREEMENT. AND IT LAYS OUT BASICALLY THE PROCESS WE HAVE TO FOLLOW FROM APPLICATION TO END STAGE. AND YOU ALL ALL GOT AN EMAIL FROM ME BACK IN JUNE ABOUT A PROGRAMMATIC AGREEMENT IS BEING UPDATED. IT'S UPDATED EVERY FIVE YEARS NOW WITH THIS KENTUCKY HERITAGE COUNCIL. AND SO IT WAS AN INVITATION FOR YOU ALL TO BECOME CONSULTING PARTIE.

IF YOU WISHED TO DO THAT. IT IS NOT A REQUIREMENT. IT IS JUST AN INVITATION. THIS DOCUMENT GOVERNS METRO WIDE BECAUSE ANYONE, AS LONG AS THEY MEET THE OFFICE OF HOUSING'S PROGRAM REQUIREMENTS, CAN RECEIVE THEIR FUNDING. AND SO THAT'S WHY IT'S A VERY BROAD GROUP AND ALL

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I THINK YOU DID A REALLY GREAT JOB. YOU DID A FANTASTIC JOB ON THAT. BUT I UNDERSTAND IF SOME PEOPLE ARE LIKE, WHY DID SHE JUST ASK THAT QUESTION? AND WHAT IS SHE TALKING ABOUT? COUNCILMAN REED, VERY QUICKLY, HOW OFTEN DO YOU MEET THE LANDMARKS COMMISSION? YES, MEETS ONCE A MONTH ON THE THIRD THURSDAY. OKAY. DO YOU NORMALLY HAVE A QUORUM? MOST MONTHS. SUMMERS CAN BE A LITTLE TRICKY, BUT. YEAH. YEAH. OKAY. THAT'S ALL. THANK YOU VERY MUCH. ANY OTHER QUESTIONS? OH, COUNCILMAN KRAMER, THANK YOU. LENGTH OF TERM. IT'S STANDARD. ALTHEA TAKES CARE OF THAT. IT'S. IT'S THE STANDARD THAT FOLLOWS THE ORDINANCE AT THREE YEARS. OKAY, I WAS YEAH, THAT'S WHAT I WAS ASKING. IS WHAT DOES THE ORDINANCE SAY? YEAH. OKAY. SO AND ARE YOU STAGGERED OR IS EVERYBODY UP AT THE SAME TIME? IT'S STAGGERED. OKAY, GOOD.

THERE WAS A CASE IT'S BEEN A COUPLE YEARS BACK WHERE A PERSON HAD A PROPERTY THAT THEY DECIDED IT WAS HISTORIC, AND THEY DELIBERATELY. SO THAT WOULD THAT WAS AN ISSUE. AND BUT THERE'S A FINE LINE I TO I THINK HISTORIC PRESERVATION IS IMPORTANT. THAT'S WHERE MY DEGREE IS, IS IN HISTORY. BUT I ALSO APPRECIATE THAT WE'RE IN A, IN A STATE THAT RECOGNIZES AND APPRECIATES PEOPLE HAVE RIGHTS TO THEIR PROPERTY. WE ALSO RECOGNIZE AND APPRECIATE THAT PROPERTIES CAN HAVE BEEN PASSED DOWN FROM GENERATION TO GENERATION, AND THE GENERATIONS WHO BUILT THE PROPERTY AND STARTED TAKING CARE OF IT HAD THE RESOURCES, AND THAT THE CURRENT GENERATION MAY NOT. AND WE JUST WOULD WANT TO. AGAIN, THERE'S A FINE LINE THERE BETWEEN SOMEONE IS DELIBERATELY LETTING IT GO AND SOMEONE IS DOING THE BEST THEY CAN. THEY JUST CAN'T AFFORD IT BECAUSE IT'S AN OLD HOUSE AND IT IS A IT IS A TAKING OF SOMEBODY'S PROPERTY. IF THE GOVERNMENT STEPS IN AND SAYS YOU CAN'T SELL IT IN ANY WAY EXCEPT AS THIS PIECE OF PROPERTY, WHICH IS THE VALUE OF IS, IS SEVERELY DIMINISHED BECAUSE THE SHAPE OF THE PROPERTY. SO AGAIN, I KNOW THAT'S ONE OF THE THINGS THAT YOU GUYS ARE LOOKING AT. I'M SURE WHEN YOU COME OUT WITH YOUR POLICY THAT THAT WE WILL SEE SOME INDICATION THAT THAT WAS A PART OF THE CONVERSATION. SO ABSOLUTELY. THANK YOU FOR YOUR WORK. AND WITH THAT. AND GREAT JOB. WELL, THANK YOU SO VERY MUCH. YOU ALL DO IMPORTANT WORK. AND COUNCILMAN BRADSHAW, IT'S NOT ONLY CONTENTIOUS AT THE COMMISSION BUT ALSO HERE ON COUNCIL SOMETIMES. BUT THANK YOU FOR ALL YOU DO. AND WE'LL LOOK ON IN OUR EMAILS FOR THAT 106 BOARD. YES. THANK YOU. ALL RIGHT. NEXT UP WE'RE GOING TO HAVE THE CODE ENFORCEMENT BOARD. SORRY, BRIAN. AND WE'RE GOING TO HAVE THE ASSISTANT DIRECTOR, ODELL HENDERSON FROM CODE ENFORCEMENT. AND I'M SO SORRY I DID NOT GIVE MY LITTLE STATS FROM THE LAST ONE, BUT THIS IS THIS IS A BOARD THAT IS UNDER STATUTORY AUTHORITY WITH THE STATE AS WELL AS LOUISVILLE METRO. THEY MEET EVERY FRIDAY, AND THIS BOARD RECEIVES $79,900 FROM THE BUDGET. THEY DON'T GENERATE ANY REVENUE, AND THEY HAVE A MAXIMUM OF FIVE MEMBERS.

AND I DON'T BELIEVE THEY HAVE ANY VACANCIES. SO I'M GOING TO HAND IT OVER TO YOU. GOOD AFTERNOON. HOW ARE YOU DOING? MY NAME IS ODELL HENDERSON. I'M ASSISTANT DIRECTOR OF CODE AND REGULATIONS. I'M. I OVERSEE THE CODE BOARD IN LOUISVILLE METRO GOVERNMENT. AND THE CODE BOARD WAS IMPLEMENTED IN JANUARY. APPROXIMATELY 2006. BECAME A FULL BOARD IN DECEMBER 2ND, 2016. WE HEAR VARIOUS APPEALS FROM CONSTITUENTS IN THE COMMUNITY CONCERNING HIGH GRASS, ILLEGAL PARKED CARS, STREET RACING, THINGS OF THAT NATURE. THAT'S WHAT OUR BOARD HEARS APPEALS FROM DEALING WITH THAT. WE MEET EVERY FRIDAY AT 830, EXCEPT FOR FRIDAYS BEFORE HOLIDAYS AND DURING DERBY WEEK. WE'RE APPROXIMATELY FIVE BOARD MEMBERS. THIRD TERM STAGGERS AND HIS THREE YEAR TERM AS WELL. AND WE IN OUR DEPARTMENT, WE HAVE CODE ENFORCEMENT OFFICERS THAT ARE IN THE COMMUNITY, AND THEY CITE OUR CITIZENS IN THE CITY AND LET THEM KNOW WHAT

[00:45:02]

THAT IS CORRECT. I'M NOT FAMILIAR WITH THAT BOARD. I DON'T OVERSEE THAT BOARD. BUT YOU ARE CORRECT. WHAT YOU JUST SAID ABOUT DIRECTOR PRICE SAYING THAT. SURE. IT JUST SEEMS LIKE EXPANDING THE CAPACITY OF THIS BOARD AND THEN ALSO MAYBE DISSOLVING THAT ONE. BUT, YOU KNOW, MAYBE THAT'S A TO DO LIST ITEM FOR US. CAN YOU SPEAK TO HOW MANY APPEALS YOU'VE HAD IN THE LAST YEAR FOR IT VARIES, MA'AM. I DON'T HAVE THAT EXACT NUMBER, BUT I'LL BE MORE THAN GLAD TO GET THAT NUMBER AND SEND IT TO THE COMMITTEE. HOW MANY APPEALS WE HAD IN THE LAST FISCAL YEAR? SURE. YEAH, MAYBE EVEN THE LAST FEW, IF POSSIBLE, JUST SO WE CAN KIND OF SEE WHERE THE TREND IS GOING. COUNCILMAN REED. THANK YOU, MADAM CHAIR. AND THAT WAS GOING TO BE THE QUESTION THAT I ASKED. WHAT? WHAT YOUR BACKLOG. ARE YOU BACKLOGGED? DO YOU HAVE YOU HAVE YOU MEET WEEKLY? SO I'M ASSUMING THAT THERE'S A GOOD REASON TO BE MEETING WEEKLY. SO DO YOU HAVE MULTIPLE CASES THAT YOU THAT YOU LISTEN TO ON A WEEKLY BASIS? DO YOU HAVE ENOUGH PEOPLE ON YOUR BOARD TO LISTEN TO THESE VARIOUS APPEALS? OUR AVERAGE DOCKET RIGHT NOW IS APPROXIMATELY ABOUT ABOUT 125 CASES ON OUR DOCKET PER WEEK. THOSE VARY BECAUSE BEFORE THE BOARD STARTS, WE HAVE A PRE CONFERENCE HEARING THAT PEOPLE CAN COME IN AND BELIEVE THAT THEY HAVE MET THE CRITERIA, THAT THEY HAVE MADE, THE REPAIRS OF THEIR HOMES. SO THEY COME IN AND TALK WITH THE CODE ENFORCEMENT OFFICERS AND THEY BRING THEIR EVIDENCE TO THE CODE BOARD. AND IF THE EVIDENCE SHOWS THAT THEY HAVE ARE IN COMPLIANCE, THEN IT'S CONDITIONALLY DISCHARGED AND THAT CASE GOES AWAY. SO OUR CASE MAY PUT ON 125 CASES ON THE DOCKET. WE COULD POSSIBLY CONDITIONALLY DISCHARGE 50 OF THOSE BEFORE THE HEARING EVEN STARTS. WE STARTED AT 830 BECAUSE WE WANTED TO GET MORE CASES ON OUR DOCKET, BECAUSE WE WANTED TO DECREASE THAT TIME. A PERSON HAD TO WAIT FROM THE TIME THEY RECEIVED THE CITATION BEFORE THEY COULD APPEAL IT. AND YES, WE DO HAVE ENOUGH PERSONS ON OUR BOARD TO HEAR THOSE COMPLAINTS, TO HEAR THOSE CASES AS WELL. YES, SIR. OKAY. YEAH. I WOULD BE INTERESTED IN KNOWING HOW MANY CASES YOU'VE LOOKED AT.

AS COUNCILMAN CHAPPELL SAID A MINUTE AGO OVER THE PAST YEAR. OKAY. WELL, PRIOR FISCAL YEAR, I WROTE DOWN FIVE YEARS. YOU WANT JUST THE FISCAL YEAR, FIVE LAST FIVE YEARS. OKAY, I CAN DO THAT.

SURE. PLEASE. THANK YOU. SIR, DID I JUST HEAR YOU CORRECTLY IN SAYING 125 CASES A WEEK? YES, MA'AM. HOW LONG ARE YOU ALL THERE? OH, WERE THERE FROM 830, MAYBE TILL 12:00. IT VARIES. WE GO AS LONG AS WE HAVE TO GO TO GET THE CASES DONE. SO IT LOOKS LIKE THE EACH PERSON GETS $500 PER MEETING. AND I'M NOT CRUNCHING THAT. SO THAT ABOUT $80,000 THAT THIS BOARD GETS IN OUR BUDGET, THAT'S PROBABLY ALL TOWARDS THEIR COMPENSATION. NO, MA'AM. IT'S THE CITATIONS VARY IN COST. OKAY. THERE'S NOT A STANDARD COST TO THIS. THIS ALL CITATIONS ARE $500. THEY VARY IN COST. SO IF A PERSON IS FINED $500 LET'S USE THAT NUMBER. AND THEY COME IN AND THE BOARD SEES THAT THEY HAVE MADE EFFORTS TO MAKE THE REPAIRS, THEY COULD CONDITIONALLY DISCHARGE $250 OF

[00:50:02]

THAT'S WHAT OUR BOARD DEALS WITH. WELL, YOUR WEBSITE SAYS ELECTRICAL, HVAC, BUILDING FALSE ALARM SIGNS, SMOKING SOLID WASTE BOOKING FEES. I SEE THAT, SIR. BUT THE CODE BOARD THAT I'M I OVERSEE, WE DEAL WITH ANIMAL CONTROL. WE DEAL WITH CHAPTER 156 VIOLATIONS AND SPEED RACING.

IF I MAY. WELL, LET ME ASK YOU THIS. SO ANIMAL CONTROL SAY SO. SAY THERE'S A DOG THAT'S BOTHERING THE NEIGHBORHOOD. AND. YES, SIR. AND THE CODE ENFORCEMENT OFFICER WRITES THEM UP. THE OWNER OF THE DOG, ANIMAL CONTROL OFFICER WILL. SIR? YES, ANIMAL CONTROL OFFICER. AND THEN THE PERSON SAYS, WELL, HE'S THAT DOG'S NOT DOING THAT BLAH, BLAH, BLAH COMES TO YOUR BOARD AND SAYS, THIS IS WHY I SHOULD NOT HAVE TO PAY THIS. FINE. AND THEN YOU DECIDE YES OR NO. THE HEARING. YES, SIR. THE HEARING OFFICER DECIDES. YES, SIR. THAT'S PRETTY WILD. YOU LEARN SOMETHING NEW EVERY DAY. YOU HAVE TO BRING THE EVIDENCE THAT SAY AN ANIMAL CONTROL CASE COMES IN. A PERSON HAS COMPLAINED THAT THE DOG HAS BEEN LOOSE. THAT OWNER HAS. THAT PERSON HAS TO SHOW THAT ON CERTAIN CERTAIN DATE THIS HAPPENED. WAS A DOG LOOSE OR NOT? DO YOU HAVE EVIDENCE THAT SAYS THE DOG WAS LOOSE OR THE DOG WAS WASN'T LOOSE? BASED UPON THE EVIDENCE, A RULING IS MADE ON THAT CASE BY THE HEARING OFFICER. BUT JUST TO BE CLEAR ONE MORE TIME. YES, SIR. IF THERE'S AN HVAC PROBLEM. YES, SIR. WITH. I GUESS YOU'RE PUTTING IN AN HVAC AND YOU HAVE TOO MANY ANGLES. I THINK THERE'S A LIMIT OF 90 DEGREE ANGLES OR ANGLES OR WHATNOT. YOU WOULD NOT COME TO YOUR BOARD, CORRECT, SIR. IT WOULD GO TO WHAT BOARD? THE BUILDING CODE BOARD THAT YOU JUST SPOKE OF. WITH THAT, WE DON'T NOT DEAL WITH HVAC. OKAY. ALL RIGHT. THANK YOU, COUNCILMAN KRAMER. THANK YOU. SO EARLY IN THE DISCUSSION, YOU ASKED IF THERE WAS A DIFFERENCE BETWEEN THIS BOARD AND A DIFFERENT BOARD. RIGHT. AND NOW WE'RE TALKING ABOUT THE CODE ENFORCEMENT BOARD. YES, SIR. THE CODE ENFORCEMENT BOARD DEALS WITH A WIDE RANGE OF THINGS. SO ARE WE TALKING ABOUT THE BOARD THAT WE'RE TALKING ABOUT RIGHT NOW? IS THIS THE CODE ENFORCEMENT BOARD OR IS THIS A BOARD THAT DEALS WITH SPECIFICALLY THINGS THAT GO THROUGH CODES AND REGULATIONS? BECAUSE, FOR EXAMPLE, THE CODE ENFORCEMENT BOARD DEALS WITH NOISE ORDINANCE. A PERSON CAN CAN, YOU KNOW, SAY, YOU KNOW, I DIDN'T I DIDN'T VIOLATE THE

[00:55:05]

THAT'S IT. IT'S NOT IT'S NOT THAT KIND OF LIMITED. AND SO I'M CURIOUS I WANT TO MAKE SURE AS WE'RE TALKING ABOUT THIS, WE KEEP THROWING THAT TERM CODE ENFORCEMENT BOARD. THAT'S A DIFFERENT ANIMAL. UNLESS IT'S NOT. NO. AND IF IT'S NOT A DIFFERENT ANIMALHEN I NEEDO KNOW WHAT WE'RE WHAT WHAT WE'RE ING. BECAUSE I THINK IT'S A FFERENT THING. OKAY. LET ME EXPLAIN. I'VE BEEN ALIN WITH THIS CODE BRD F THE LT YE AS SPO THA A CODE B. YEA ANHEODE BOARDHAT VE BEENVERSEEING ANDEEN TENDING EVERY FRIDAY, WE'VE ONLY DEALT WITH ANIMAL CONTROL CASES, SPEED RACING AND PROPERTY MAINTENANCE. CHAPTER 156 CODE ENFORCEMENT. THAT'S WHAT I'VE BEEN DEALING WITH FOR THE LAST 12 MONTHS ON THE CODE BOARD. SO I DON'T KNOW WHO. I DON'T KNOW WHICH AGENCY THE CODE ENFORCEMENT BOARD FALLS UNDER. IT WAS MY UNDERSTANDING THAT THE OTHER BOARD YOU SPOKE OF, MA'AM, HAS NOT MET IN A WHILE BECAUSE, AS YOU SAID, NO ONE HAS APPEALED THAT WE DON'T DO THE SAME WORK THAT THE BOARD JUST TALKED ABOUT. BUILDING CODE BOARD. WE DON'T DO THAT SAME WORK. RIGHT.

AND I DON'T BELIEVE THEY'VE MET. NO, SIR, THEY HAVE NOT MET. THERE'S SOME CONSTERNATION AMONG SOME OF US BECAUSE WE KNOW THERE ARE ORDINANCES THAT SHOULD BE ENFORCED AND WE'RE NOT ENFORCING THEM, AND THEY'RE NOT GOING BEFORE THE CODE ENFORCEMENT BOARD AT ALL. OKAY. AND AGAIN, I'LL SPEAK SPECIFICALLY TO THE NOISE ORDINANCE. THE NOISE ORDINANCE VIOLATIONS WERE DESIGNED. WE WROTE THE ORDINANCE SO THAT NOISE ORDINANCE VIOLATIONS WOULD GO TO THE CODE ENFORCEMENT BOARD INSTEAD OF GOING INTO THE COURTS. WE DID THAT BECAUSE THE COURTS NOTORIOUSLY DON'T SEE VIOLATIONS OF THAT KIND OF ORDINANCE AS SOMETHING WORTHY OF THEIR ATTENTION. SO WE WOULD SEND THOSE WE SENT THOSE TO THE CODE ENFORCEMENT BOARD. THE POLICE THEN HAVE TO CITE SOMEONE FOR NOISE VIOLATION. THAT PERSON CAN EITHER PAY THE FINE OR INSTEAD OF GOING TO COURT, THEY WOULD GO TO THE CODE ENFORCEMENT BOARD. WHAT WE'RE FINDING IS THAT PEOPLE ARE NOT GOING TO CODE ENFORCEMENT BOARD, AND THAT'S LARGELY BECAUSE THEY'RE NOT BEING FOUND. BUT I THINK IT'S A DIFFERENT BOARD THAN THE ONE YOU'RE TALKING ABOUT. I CAN ONLY SPEAK ON THE BOARD THAT DEALS WITH ANIMAL CONTROL, SPEED RACING AND CHAPTER 156 MAINTENANCE CODE. THAT'S WHAT I OVERSEE. THE CODE YOU WOULD THINK WOULD BE THE SAME. THAT'S.

SO I JUST WANT TO BE VERY CLEAR. TODAY WE'RE TALKING ABOUT THE CODE ENFORCEMENT BOARD.

LOUISVILLE METRO SHALL HAVE A CODE ENFORCEMENT BOARD, WHICH SHALL BE COMPRISED OF NO FEWER THAN FIVE MEMBERS, BLAH, BLAH, BLAH. LIKE I HAVE IT ALL WRITTEN HERE RIGHT NOW. WE ARE TALKING ABOUT THE CODE ENFORCEMENT BOARD. YEAH. THEN THIS BOARD IS BROADER THAN THE WAY YOU'RE DESCRIBING IT. IT WAS ASSISTANT DIRECTOR. WE. ARE YOU HERE TO SPEAK ABOUT THE CODE ENFORCEMENT BOARD? NO, I'M HERE TO SPEAK ABOUT THE CODE BOARD THAT THAT DEALS WITH ANIMAL CONTROL. YEAH.

WE NEED SPEED RACING. AND CHAPTER 156 MAINTENANCE VIOLATIONS. I DON'T AS I SAID, MA'AM, I DON'T I HAVE NOT BEEN INVOLVED WITH THE LIST THAT YOU SPOKE OF ON THE THIS ON THE WEBSITE. I'M LOOKING AT IT RIGHT NOW ANIMAL ELECTRIC HVAC. I'VE ONLY DEALT WITH ANIMAL CONTROL, SPEED RACING AND CHAPTER 156 VIOLATIONS. THAT'S ALL I CAN SPEAK ON WITH THAT. THE SIGNS I HAVE A SIGN. THERE WAS RECENTLY A BLINKING SIGN IN MY DISTRICT FROM A BUSINESS, AND SOMEONE FROM CODES AND REGS WENT OUT IN THE EVENING AND THEY LOOKED AT IT. THAT WAS ALL FINE AND DANDY, BUT SAY THEY WERE ISSUED A CITATION AND THAT PERSON WANTED TO APPEAL THAT CITATION. WHO ARE THEY GOING IN FRONT OF? PER THIS WEBSITE? IT'S YOU. IT WOULD BE THE CODE ENFORCEMENT BOARD. BUT NONE OF THOSE CASES HAVE BEEN BROUGHT TO THE BOARD THAT I OVERSEE. YEAH, WE'LL HAVE TO DO SOME DIGGING. SO I THINK THAT WE FOUND GLAD TO ADDRESS IT. BUT IN OUR CODE BOARD WE HAVE NOT HAD ANYTHING OTHER THAN, AS I SPOKE OF THE THREE ITEMS THAT WERE IN THE LAST 12 MONTHS. SURE. YEAH.

YOU'RE YOU'RE DOING YOUR JOB. I THINK THAT WE'RE JUST. WHAT? THANK YOU, MADAM CHAIR, FOR BRINGING THIS TO LIGHT. I THINK WE NEED TO GET THE COUNTY ATTORNEY TO WEIGH IN ON THIS. I MEAN, THERE'S CLEARLY THERE IS A DISCONNECT BETWEEN WHAT'S ACCOMPLISH. AND SO THE CODE ENFORCEMENT BOARD IS NOT FUNCTIONING THE WAY THAT WE ORIGINALLY INTENDED. THAT'S NOT TO SAY THAT IT'S ANYTHING YOU'VE DONE. IT'S I MEAN, MR. HENDERSON, I'M SORRY. THAT'S NOT TO SAY IT'S THE YOU KNOW, YOU'RE YOU'RE DOING IT WRONG. IT'S JUST TO SAY WHEN WE CREATED THIS X NUMBER OF YEARS AGO, WE HAD A VISION FOR WHAT THIS WOULD DO. AND IT'S NOT DOING WHAT THE

[01:00:06]

I, I COULD NOT TELL YOU, BUT WHAT I'VE BEEN INVOLVED WITH SINCE, AS I STATED, ARE THE THREE TYPES OF CASES THAT ARE BROUGHT TO THE BOARD THAT I OVERSEE AND I ATTEND EVERY FRIDAY. ABSOLUTELY. AND WE'LL WE'LL LOOK INTO IT. BUT I, I JUST WHEN I PULLED YOU UP HERE, I WAS LIKE, THIS IS DEJA VU. DID WE MAKE A MISTAKE IN INVITING YOU ALL TWICE. AND SO I JUST THINK THAT WE FOUND A LITTLE BIT OF A REDUNDANCY HERE. SO. IT'S EXACTLY WHY WE'RE DOING THIS. SO THANK YOU SO MUCH FOR BEING HERE TODAY. YOU'RE WELCOME. I DON'T KNOW IF I'VE BEEN ANY HELP OR CAUSED MORE PROBLEMS, SO YEAH. YEAH, I CAN ONLY SPEAK ON WHAT I KNOW. SURE. YOU YOU'VE DONE NOTHING WRONG. YOU'VE DONE NOTHING WRONG. YEAH, YEAH. OKAY. ALL RIGHT. THANK YOU VERY MUCH FOR YOUR TIME. THANK YOU. AND NEXT, WE'LL JUST HAVE MR. BRIAN DAVIS COME UP IN A FAMILIAR SEAT, AND YOU WILL BE SPEAKING ON THE PLANNING COMMISSION AND THE BOARD OF ZONING ADJUSTMENT.

I KNOW THAT THESE ARE TWO HOT BOARDS. COMMITTEE MEMBERS. DO WE HAVE A PREFERENCE ON WHICH ONE THEY START WITH? OKAY. WELL, WE'RE GOING TO START WITH THE PLANNING COMMISSION. AND THIS IS UNDER KENTUCKY AND LOUISVILLE AUTHORITY. THEY ARE REQUIRED TO MEET SIX TIMES A YEAR. THEY ARE COMPENSATED $100 PER HEARING. AND THEY RECEIVE FEES FROM APPLICATIONS. SO THEY DO GENERATE REVENUE. THERE'S A MAXIMUM OF 1010 MEMBERS. AND I WILL HAND IT OVER TO DIRECTOR DAVIS. ALL RIGHT. GOOD AFTERNOON, BRIAN DAVIS, LOUISVILLE METRO OFFICE OF PLANNING. YEAH. HERE TO TALK A LITTLE BIT ABOUT THE PLANNING COMMISSION AND ANSWER ANY QUESTIONS THAT YOU MAY HAVE. AS AS STATED, THE MEMBERSHIP OF THE PLANNING COMMISSION IS DRIVEN BY SECTION 100.137, ITEM TWO, IN THAT IT SAYS THAT WE SHOULD HAVE TEN TOTAL MEMBERS. THAT MEMBERSHIP CONSISTS OF THE MAYOR OF THE CONSOLIDATED LOCAL GOVERNMENT OR THEIR DESIGNEE, THE DIRECTOR OF PUBLIC WORKS OF THE CONSOLIDATED LOCAL GOVERNMENT OR DESIGNEE, AND THEN EIGHT MEMBERS THAT ARE APPOINTED BY THE BY THE MAYOR. AND THEN, AS YOU ALL KNOW, YOU SEE THOSE APPOINTMENTS COME OVER TO YOU PRIOR TO THEIR BEING ACTIVATED. THERE IS A CAVEAT IN THERE ABOUT THE EIGHT MEMBERS. IT SAYS NO MORE THAN FOUR OF THE EIGHT SHALL HAVE A DIRECT FINANCIAL INTEREST IN THE LAND DEVELOPMENT AND CONSTRUCTION INDUSTRY THAT IS WRITTEN INTO THE LANGUAGE IN KRS 100. THEY DO SERVE THREE YEAR TERMS. MEMBERS MUST MEET CONTINUING EDUCATION REQUIREMENTS, WHICH IS ACTUALLY JUST CHANGED. IT'S NOW EIGHT HOURS EVERY FOUR YEARS. AND IF YOU'RE WONDERING WHY THE DIFFERENCE BETWEEN FOUR YEARS AND THREE YEARS, THE OTHER 119 COUNTIES IN THE STATE, THEIR COMMISSIONERS SERVE FOUR YEAR TERMS. BUT FOR WHATEVER REASON IN KRS 100 HOUR SERVE THREE. AND SO THEY DID NOT MAKE THAT DISTINCTION IN THE NEW TRAINING REQUIREMENTS. BUT WE'RE GOING TO HOLD OUR PEOPLE TO EIGHT HOURS EVERY THREE YEARS. AS YOU STATED PREVIOUSLY STATED, THEY ARE COMPENSATED $100 PER PUBLIC HEARING THAT IS ESTABLISHED IN THE LOUISVILLE METRO CODE OF ORDINANCES. THIS DOES NOT INCLUDE SUBCOMMITTEE MEETINGS.

AND SO THE OF THE TEN MEMBERS, THE PLANNING COMMISSION HAS THESE SUBCOMMITTEES EACH YEAR, THE CHAIR OF THE PLANNING COMMISSION ELECTS A CHAIR, AND THEN THE CHAIR DESIGNATES PEOPLE TO BE ON THE DIFFERENT SUBCOMMITTEES. AND SO THE COMMISSION INCLUDE THE DEVELOPMENT REVIEW COMMITTEE, THE LAND DEVELOPMENT TRANSPORTATION COMMITTEE, THE PLANNING COMMITTEE, AND THEN THE POLICY AND PROCEDURES COMMITTEE. AND I'M HAPPY TO ANSWER ANY QUESTIONS ABOUT THOSE LATER ON. IF YOU HAVE ANY QUESTIONS. AS FAR AS THE DUTIES OF THE PLANNING COMMISSION, AGAIN, THESE ARE LAID OUT IN IN KRS 100. THE PLANNING COMMISSION IS RESPONSIBLE FOR PREPARING AND UPDATING AND ADOPTING THE COMPREHENSIVE PLAN. THEY MAKE RECOMMENDATIONS TO LEGISLATIVE BODIES WITH ZONING AUTHORITY ON THE LAND USE REGULATIONS. SO WHEN YOU THINK ABOUT THE LAND DEVELOPMENT CODE AND THE RULES THAT WE APPLY TO THE DIFFERENT DEVELOPMENT PLANS THAT WE REVIEW, THE PLANNING COMMISSION REVIEWS THOSE RECOMMENDED CHANGES FOR THOSE, AND THEN THE LEGISLATIVE BODIES HAVE FINAL AUTHORITY OVER THOSE. THE PLANNING COMMISSION DOES HAVE FINAL SAY OVER LAND SUBDIVISION REGULATIONS. SO CHAPTER SEVEN OF THE LAND DEVELOPMENT CODE IS OUR SUBDIVISION SECTION. ANY CHANGES THAT ARE MADE TO THAT SECTION? THOSE THOSE ARE FINAL AT THE PLANNING COMMISSION LEVEL. THOSE DO NOT GO ON TO THE LEGISLATIVE BODIES. SOME OF YOU ARE VERY FAMILIAR WITH THE FACT THAT THE PLANNING COMMISSION MAKES RECOMMENDATIONS TO LEGISLATIVE BODIES ON ZONING MAP AMENDMENTS. SO WHEN THOSE COME THROUGH, PLANNING COMMISSION CONDUCTS A PUBLIC HEARING, THEY MAKE A RECOMMENDATION TO THE LEGISLATIVE BODY WITH ZONING AUTHORITY WHO HAS FINAL SAY OVER THOSE. AND THEN THE PLANNING COMMISSION ALSO APPROVES OR DENIES OTHER APPLICATIONS, SUCH AS WAIVERS, DEVELOPMENT PLANS AND THINGS LIKE THAT. TYPICALLY, THE PLANNING COMMISSION MEETS ON THE FIRST AND THIRD THURSDAYS OF

[01:05:01]

AND SO, YOU KNOW, I THINK IT IS IMPORTANT TO TRY AND FIND AN APPROPRIATE BALANCE BETWEEN YOUR SUBURBAN AND THE URBAN AREAS AND, YOU KNOW, THE RACIAL MIX AND MALE AND FEMALE AND EVERYTHING ELSE. AND SO THAT IS SOMETHING THAT IS TAKEN INTO CONSIDERATION WHENEVER APPOINTMENTS ARE BEING MADE TO THE PLANNING COMMISSION AND THE BOARD OF ZONING ADJUSTMENTS AS WELL. YEAH, I THINK THAT ESPECIALLY I MEAN, OFTENTIMES THAT KIND OF SUBURBAN URBAN DISCONNECT REALLY COMES INTO PLAY. COUNCILMAN REED, THANK YOU, MADAM CHAIR. AND THANKS FOR COMING. BRIAN. QUESTION. YOU HEAR A LOT FROM PEOPLE THAT ARE TRYING TO LOCATE HERE DEVELOPERS, ETCETERA, PEOPLE WANTING TO START A BUSINESS THAT LOUISVILLE HAS TOO MUCH RED TAPE. I'VE NEVER BEEN IN THAT POSITION WHERE I'VE HAD TO TRY TO START A NEW BUSINESS HERE, BUT I HEAR THAT A LOT. SO I'M WONDERING, DOES THE PLANNING COMMISSION PROACTIVELY MAKE RECOMMENDATIONS TO YOUR GROUP IN PLANNING AND DESIGN FOR POTENTIAL CHANGES THAT WOULD MAKE THE PROCESS THEIR PROCESS A LITTLE BIT QUICKER? SO. SO THE POLICY AND PROCEDURES COMMITTEE, WHICH IS ONE OF THE SUBCOMMITTEES OF THE PLANNING COMMISSION, FROM TIME TO TIME, THEY'LL EXPLORE THINGS LIKE, LIKE LIKE, YOU KNOW, MEETING TIME LIMITS OR TALK ABOUT THE PROCESS LIKE, YOU KNOW, FOR INSTANCE, BOTH THE LAND DEVELOPMENT CODE AND OUR POLICY AND THE PLANNING COMMISSION POLICIES TALK ABOUT DIFFERENT THINGS AS FAR AS, LIKE WHAT THE WHAT PROCESS AND APPLICATION HAS TO GO THROUGH IN ORDER TO GET TO, YOU KNOW, SOME SORT OF DECISION. SO YES, THEY YOU KNOW, FROM LIKE I SAID, THEY WILL HAVE SOME RECOMMENDATIONS. AND SO THE PLANNING COMMISSION MAY PASS A RESOLUTION SIMILAR TO LIKE WHAT METRO COUNCIL DOES, ASKING US TO EXPLORE A CERTAIN TOPIC. AND SO WE WILL DIVE INTO THAT AND COME BACK TO THEM, YOU KNOW, VERY SIMILAR TO, TO HOW YOU ALL, IF YOU KNOW, YOU SEE THERE'S A NEED IN THE LAND DEVELOPMENT CODE OR A CERTAIN PROCESS, WE'LL EXPLORE AND SEE WHAT OTHER CITIES AROUND THE STATE AND THE NATION DO AND

[01:10:02]

YEAH A CASE DOCKET WHATEVER. YEAH, YEAH. SO IF A CASE IS PASSED BY PLANNING COMMISSION, WHAT IS THE MINIMUM? YES VOTES. IT NEEDS A MAJORITY OF THOSE PRESENT TO THAT THAT VOTE AND YES, YES. THE QUESTION THE OTHER DAY AND I, WE HAD MOVED ON TO ANOTHER TOPIC BEFORE I COULD STATE SOMETHING IN THEORY, IF THERE WAS AN ITEM AND YOU HAD ONE VOTE, ONE YES VOTE AND NINE ABSTENTIONS, THEN THE 1 TO 0 WOULD WIN. YOU KNOW, IT WOULD PASS. AND YOU KNOW, WE THE ONLY TIMES WE REALLY SEE ANYTHING LIKE THAT IS IF LIKE IF YOU HAVE SUBCOMMITTEE MINUTES GO TO THAT HAVE TO GO TO PLANNING COMMISSION FOR APPROVAL, THEN USUALLY THE FIVE WHO ARE ON THE ON THE COMMITTEE WILL ABSTAIN FROM THAT VOTE. AND THEN IF ONE OF THE COMMITTEE MEMBERS WAS ABSENT, THEN YOU MAY GET SOME WEIRD VOTES THAT WAY. BUT OTHERWISE WITH WITH A WITH ANY TYPE OF CASE, IT'S JUST A MAJORITY OF THE PEOPLE WHO VOTE LANDMARKS COMMISSION ON SOME TYPES OF DESIGNATIONS IS DIFFERENT. YOU ACTUALLY HAVE TO HAVE A MAJORITY OF THE NUMBER OF MEMBERS THAT YOU HAVE ON THE LANDMARKS COMMISSION, BECAUSE WE'VE HAD CASES THERE BEFORE WHERE 13 MEMBERS. RIGHT? YEAH, I'M ONE OF THE MEMBERS. YOU THINK I KNOW. SO IT'S LIKE LANDMARKS HAS 13 MEMBERS AND WE HAD A CASE AND THE FINAL VOTE WAS 6 TO 2. BUT BECAUSE THEY DIDN'T HAVE SEVEN VOTES, IT DID NOT PASS BECAUSE THEIR BYLAWS STATE THAT. BUT WITH ZONING MATTERS, IT'S ZONING MATTERS AT PLANNING COMMISSION IN THAT IT'S NOT THE SAME WAY. IT'S JUST A MAJORITY OF THE PEOPLE THAT ARE VOTING. WHERE IS THAT WRITTEN DOWN? I WOULD HAVE TO CHECK AND SEE IF THAT IS CASES OR IF IT'S IN THE POLICIES. I'D HAVE TO CHECK ON THAT. SO IT DOES SAY HERE THAT FIVE MEMBERS OF THE COMMISSION SHALL CONSTITUTE A QUORUM FOR THE TRANSACTION OF BUSINESS. SO WHAT YOU'RE SAYING IS IF FIVE PEOPLE SHOWED UP, IT WOULD ONLY TAKE A MAJORITY OF THOSE FIVE. SO IT WOULD ONLY TAKE THREE TO PASS ANY LEGISLATION. THREE OUT OF TEN MEMBERS, OUT OF TEN MEMBERS. BUT YEAH, FIVE ARE PRESENT. WE HAVE A QUORUM. AND THREE. TWO WOULD BE SOMETHING. AND I, I KNOW THIS YEAR WE'VE HAD SOMETHING COME OVER WITH A32 VOTE. SO IT IT

[01:15:05]

THERE'S TEN MEMBERS. CAN ALL TEN VOTE YES OR NO? YEAH. YES. ON, ON OR ABSTAIN OR VOTE PRESENT.

SO NOW GOING BACK TO WHAT THE CHAIRWOMAN SAID, FIVE MEMBERS SHOWS UP HYPOTHETICALLY. I GUESS THAT'S THE WORD HYPOTHETICALLY FIVE SHOW UP FOUR ABSTAIN ONE VOTES. YES. IT PASSES. YEAH.

HYPOTHETICALLY, YES. CRAZY. OUR TIME IS. BUT ANYBODY HAVE ANY QUESTIONS? I SAW YOUR FINGER GOING. I HAD A COUPLE QUESTIONS. SURE. GO AHEAD, COUNCILMAN KRAMER. AS LONG AS YOU ALL ARE FINE. COUNCILMAN BRADSHAW, TO YOUR POINT, WORST CASE SCENARIO, YOU HAVE THE FOUR GUYS OR FOUR PERSONS WHO ARE FROM THE REAL ESTATE WORLD SHOW UP WITH A FIFTH PERSON. THE ONE PERSON WHO'S NOT IN THE REAL ESTATE WORLD ABSTAINS. YOU HAVE FOUR REAL ESTATE PEOPLE MAKING A DECISION ABOUT A REAL ESTATE DEVELOPMENT. NOT SAYING THAT HAPPENS, BUT THAT IS A PIECE OF IT. SO MY QUESTION YOU MENTIONED A COUPLE TIMES NOW THAT THE STATE SAYS THERE CAN BE NO MORE THAN FOUR FROM THE FROM THE REAL ESTATE INDUSTRY, CAN MUNICIPALITIES CHANGE THAT NUMBER? WE CAN'T MAKE IT GO UP BECAUSE THE STATE SAYS IT CAN'T BE MORE THAN FOUR. BUT DOES IT HAVE TO BE FOUR? CAN WE SAY TWO? IT JUST SAYS NO MORE THAN FOUR OF THE EIGHT CITIZEN MEMBERS.

SO. RIGHT. YOU KNOW, AT TIMES IF WE APPOINT THEM SO WE MAY OR MAY NOT APPOINT THEM. RIGHT? I GET THAT CORRECT. BUT CAN WE CHANGE? CAN WE SAY IN IN OUR POLICIES, NOT JUST WHEN IT COMES BEFORE US, WE WE'RE GOING TO VOTE, BUT CAN WE SAY IN OUR POLICIES THAT THE MAYOR WILL ONLY SEND OVER TWO? I HAVE TO GET CLARIFICATION FROM IF YOU IF YOU DON'T MIND, CHECK ON THAT FOR ME. THANK YOU.

I'D APPRECIATE IT. MY SECOND QUESTION IS, YOU KNOW, PLANNING COMMISSION IS PLANNING VERSUS RESPONDING. I, I AM BECOMING MORE AND MORE AWARE OF THE WAY THAT DEVELOPMENT IS PLANNED IN METRO LOUISVILLE. I'VE MY DISTRICT HAS SHIFTED AND SO I'M SEEING DEVELOPMENT IN WAYS I HADN'T BEFORE. WHEN A DEVELOPER COMES IN AND SAYS, I WANT TO DEVELOP THIS PIECE OF PROPERTY, THEY COME IN WITH A PLAN AND THAT'S WHAT GETS APPROVED. ANOTHER DEVELOPER COMES IN AND SAYS, I WANT TO DEVELOP THIS PIECE OF PROPERTY WHICH MAY OR MAY NOT BE CONTIGUOUS, AND THAT GETS APPROVED. THERE MAY OR MAY NOT BE A AN APPROPRIATE OR BEST TRAFFIC PATTERN, BUT WE DON'T LOOK AT TRAFFIC PATTERNS AT ALL. WE JUST LOOK AT THIS DEVELOPER WANTS TO DO THIS. WE APPROVED IT. THIS DEVELOPER WANTS TO DO THIS. WE APPROVED IT. WHEN DO WE EVER HAVE A CHANCE TO STEP BACK AND SAY, HERE IS THE MOST APPROPRIATE TRAFFIC PATTERN IN THIS PARTICULAR AREA AS IT CONTINUES TO GROW AND DEVELOP. SO WHEN DO WE DO THAT? AND WHEN DOES A CITIZEN HAVE AN OPPORTUNITY TO GO IN AND SAY, I WANT TO HAVE SOME INFLUENCE OVER HOW THE HOW THE TRANSPORTATION IS BEING DONE? BECAUSE IT'S NOT IT'S NOT BEING PLANNED. RIGHT, AS I UNDERSTAND IT. CORRECT ME IF I'M WRONG, BUT IT'S NOT BEING PLANNED. WE'RE NOT SITTING DOWN AS A CITY SAYING THIS IS HOW THE ROADS SHOULD GO. WE'RE SIMPLY A DEVELOPER SAYS, I WANT TO PUT THIS HERE AND WE SAY, OKAY, ANOTHER DEVELOPER, AND THE NEXT THING YOU KNOW, WE'VE GOT ROADS THAT WE MAY OR MAY NOT HAVE INTENDED, RIGHT? SO ANYTIME THE DEVELOPMENT PLAN IS FILED, IT GETS REVIEWED BY PUBLIC WORKS. I GUESS IF IT'S A ON OR NEAR A STATE ROAD IN KYTC WILL REVIEW THAT. WE ALSO GET INPUT FROM THE FIRE DEPARTMENTS AROUND THE COMMUNITY BECAUSE, YOU KNOW, THEY'RE CONCERNED ABOUT THE LOAD CAPACITY AND THE WIDTH AND THINGS LIKE THAT FOR THE FOR THE STREETS. SO AS FAR AS LIKE TRAFFIC PATTERNS AND THINGS LIKE THAT, DEPENDING ON THE, ON THE, ON THE PROJECTED NUMBER OF TRIPS DURING PEAK HOURS THAT THE PROPOSAL IS PRODUCING, IT MAY REQUIRE A TRAFFIC STUDY. SO WHEN THEY'RE REQUIRED TO DO A TRAFFIC STUDY, PUBLIC WORKS WILL DETERMINE, OKAY, THIS IS THE LOCATION WE'RE CONCERNED ABOUT, YOU KNOW, THESE INTERSECTIONS OR THESE STRETCHES OF ROADS. AND SO THE ENGINEERS AT PUBLIC WORK MAKE THAT PUBLIC WORKS, MAKE THAT DETERMINATION TO LOOK AND SEE WHERE THEY FEEL THAT THE TRAFFIC IS GOING TO GO. AND SO I DON'T MEAN TO CUT YOU SHORT, BUT AGAIN, EVERYTHING YOU'RE DESCRIBING IS SPECIFIC TO A PARCEL OR A DEVELOPMENT THAT A DEVELOPER IS BRINGING FORWARD. BUT I'M TALKING ABOUT A BIG PIECE OF PROPERTY THAT MAY HAVE 5 OR 6 DIFFERENT DEVELOPERS THAT THAT THERE IS. FROM A PLANNING PERSPECTIVE, IT WOULD MAKE MORE

[01:20:05]

[01:25:06]

YEAH. SO THE DUTIES OF THE BOARD OF ZONING ADJUSTMENTS IS LAID OUT IN CRS 100 CALORIES, 100 SPECIFICALLY KEEPS PLANNING COMMISSIONS AND BOARD OF ZONING ADJUSTMENTS SEPARATE. SO YOU CAN'T HAVE A GROUP OF PEOPLE WHO SERVE AS BOTH. YOU CAN HAVE TWO MEMBERS WHO CAN SERVE ON BOTH, BUT YOU CAN'T HAVE ONE BODY THAT SERVES ALL THAT DOES ALL THE FUNCTIONS. AND SO THE BOARD OF ZONING ADJUSTMENTS, THEY'RE TASKED WITH THE CONDITIONAL USE PERMITS, WHICH SOME EXAMPLES OF A CONDITIONAL USE PERMIT, LIKE A SHORT TERM RENTAL WHERE THE OWNER DOESN'T LIVE IN THE PROPERTY, THEY WOULD BE REQUIRED TO OBTAIN A CONDITIONAL USE PERMIT FROM THE BOARD OF ZONING ADJUSTMENTS. A SALVAGE YARD IN LIKE AN M3 DISTRICT MINI WAREHOUSE AND A C2. I MEAN, THERE'S A LOT OF THEM. SO THOSE ARE EXAMPLES OF CONDITIONAL USE PERMITS VARIANCES SO DIMENSIONAL VARIANCES. SO LIKE A FROM A LIKE A SETBACK OR A HEIGHT. THOSE GO BEFORE THE BOARD OF ZONING ADJUSTMENTS. AND THEN AN ADMINISTRATIVE REVIEWS WHICH IF A IF A CITIZEN FEELS LIKE A, AN OFFICIAL HAS MADE A WRONGFUL DETERMINATION ABOUT AN LIKE A INTERPRETATION OR AN APPLICATION OR SOMETHING RELATED TO THE TO THE LAND DEVELOPMENT CODE, THEY CAN ACTUALLY APPEAL THAT INTERPRETATION OR WHATEVER TO THE BOARD OF ZONING ADJUSTMENTS. AND THEY HAVE THE AUTHORITY TO CONDUCT THE HEARING TO DETERMINE WHETHER OR NOT THAT YOU KNOW, WHO WAS RIGHT IN THAT SITUATION.

THE TYPICALLY, WOULD THEY BE APPEALING? I'M SO SORRY. ARE THEY APPEALING LIKE APPEAL A DECISION. YEAH LIKE BUT THEY'RE BUT THE HEARING IS ABOUT THE DECISION THAT THEY MADE RIGHT.

YEAH. CORRECT. SO LIKE TYPICALLY SO LIKE YOU'RE APPEALING TO THE PERSON THAT MADE THE DECISION AND SAYING YOU'RE WRONG. WELL WELL WE HANDLE THE APPLICATION. BUT THE BOARD HANDLES THAT HEARING. AND SO LIKE IF THERE WAS AN APPEAL AGAINST THE DIRECTOR'S INTERPRETATION, I WOULD HAVE TO SHOW UP AND EXPLAIN WHY I MADE THAT INTERPRETATION. THE PEOPLE WOULD EXPLAIN WHY, YOU KNOW, THAT INTERPRETATION IS INCORRECT. AND THEN BOWS WOULD HAVE THE FINAL SAY, GOTCHA. YEAH. SORRY FOR INTERRUPTING. NO. IT'S OKAY. SO BOZO TYPICALLY MEETS THE FIRST AND THIRD MONDAY OF THE MONTH. IN 2004, THEIR AVERAGE MEETING LASTED FOUR HOURS AND 33 MINUTES. THEY USUALLY HAVE BETWEEN 10 AND 15 CASES ON ANY GIVEN AGENDA. AND UNLIKE THE OH, WELL, YOU KNOW, MOST PLANNING COMMISSIONS, YOU KNOW, THEY THEY MAKE RECOMMENDATIONS IN TERMS OF LIKE ZONING MAP AMENDMENTS, ALL DECISIONS ARE FINAL WITH THE BOARD OF ZONING ADJUSTMENTS. AND SO THEY DON'T THEY DON'T MAKE RECOMMENDATIONS TO LEGISLATIVE BODIES. THE DECISION IS FINAL.

THOSE THOSE DECISIONS CAN BE APPEALED TO COURT. BUT YOU KNOW, AS FAR AS LIKE THE PROCESS AND WHO REVIEWS THOSE, THEY ARE FINAL AT THE BOARD OF ZONING ADJUSTMENTS. AND I FORGOT TO MENTION, YEAH, THE BOARD OF ZONING ADJUSTMENT MEMBERS, THEY ARE APPOINTED BY THE MAYOR. AND THOSE APPOINTMENTS COME TO METRO COUNCIL FOR FINAL, YOU KNOW, READING AS WELL. AND THEY'RE ALL CITIZEN MEMBERS. THERE ARE NO LIKE DE FACTO MEMBERS LIKE ON THE PLANNING COMMISSION. THEY ARE ALL CITIZEN APPOINTEES. THAT'S ALL THAT I HAVE. UNLESS YOU HAVE ANY QUESTIONS.

COUNCILMAN REED. THANK YOU, MADAM CHAIR. SO WHEN SOMEBODY IS ASKING FOR A CUP, LET'S SAY, FOR EXAMPLE, MAYBE IT'S A BUSINESS THAT WANTS TO OPERATE IN A RESIDENTIAL OR FOR AREA OR SOMETHING LIKE THAT. THEY WANT A CONDITIONAL USE PERMIT. DO THEY? IS THERE'S ACTUALLY A HEARING WHERE THEY COME AND THEY MAKE A PRESENTATION. WHAT IS THAT PROCESS. SO WHEN SOMEONE FILES A

[01:30:01]

[1. ID 25-0438     BOARDS AND COMMISSIONS OVERVIEW Landmarks Commission  Planning Commission Board of Zoning Adjustments (BOZA) Code Board]