Parks and Sustainability Committee

Agenda

1. Call to Order

   Chair Fowler called the meeting to order at 3:02 p.m.

2. Roll Call

   Chair Fowler introduced the committee members and non-committee members present. A quorum was established. *NOTE: All committee members and non-committee members present attended in Chambers, except Committee Member Purvis, Committee Member Mulvihill, Committee Member Blackwell, Committee Member Parker, Committee Member Holton Stewart and Council Member Hollander, who attend virtually

3. Special Discussion
4. Pending Legislation

   [See the "Captioning Transcript of Parks and Sustainability Committee Meeting - December 8, 2022.pdf" attached hereto for additional information regarding discussion of each item.]

5. 1. AN ORDINANCE AMENDING SECTIONS 131.01, 131.02, AND 131.03 OF THE LOUISVILLE METRO CODE OF ORDINANCES (“LMCO”) RELATING TO CAMPING ON METRO PROPERTY, AND SECTIONS 42.31, 42.32, AND 42.99 OF THE LMCO RELATING TO CAMPING IN METRO PARKS, AND SECTIONS 97.072 AND 97.999 OF THE LMCO REGARDING OBSTRUCTION OF SIDEWALKS AND PUBLIC WAYS. (AMENDMENT BY SUBSTITUTION) (AS AMENDED)
   Ordinance
   Action: untabled

   A motion was made by Committee Member Holton Stewart, seconded by Vice Chair Peden, that this Ordinance be untabled.

6. 2. A RESOLUTION URGING THE IMPLEMENTATION OF THE PARKS FOR ALL ACTION PLAN RECOMMENDATIONS TO EQUITABLY INVEST IN AND ADVANCE THE LOUISVILLE METRO PUBLIC PARKS SYSTEM AND THE LOUISVILLE PARKS AND RECREATION DEPARTMENT. (AMENDMENT BY SUBSTITUTION)
   Resolution
   Action: recommended for approval
7. Adjournment

   Without objection, Chair Fowler adjourned the meeting at 4:22 p.m.

8. Note: Items sent to the Consent Calendar or Old Business will be heard before the full Council at the Metro Council meeting on December 15, 2022.
9. Clerk(s)

   Cheryl Woods, Assistant Clerk Olivia Bennett, Assistant Clerk

10. Non-Committee Member(s)

    Council Member Jecorey Arthur (D-4), Council President David James (D-6), Council Member Bill Hollander (D-9) and Council Member Nicole George (D-21)

11. 2. A RESOLUTION URGING THE IMPLEMENTATION OF THE PARKS FOR ALL ACTION PLAN RECOMMENDATIONS TO EQUITABLY INVEST IN AND ADVANCE THE LOUISVILLE METRO PUBLIC PARKS SYSTEM AND THE LOUISVILLE PARKS AND RECREATION DEPARTMENT. (AMENDMENT BY SUBSTITUTION)
    Resolution
    Action: amended

    A motion was made by Vice Chair Peden, seconded by Committee Member Blackwell that this Resolution be recommended for approval. A motion was made by Vice Chair Peden, seconded by Chair Fowler that this Resolution be amended by substitution by replacing Exhibit A with the attach document titled "R-189-22 Amended Exhibit A - Parks For All Action Plan.pdf." The motion to amend by substitution carried by a voice vote. Jayne Miller, for Parks Alliance, gave a presentation (see attached). The following spoke to this item: - Chair Fowler - Council Member Hollander - Jayne Miller - Brooke Pardue, Parks Alliance

12. 1. AN ORDINANCE AMENDING SECTIONS 131.01, 131.02, AND 131.03 OF THE LOUISVILLE METRO CODE OF ORDINANCES (“LMCO”) RELATING TO CAMPING ON METRO PROPERTY, AND SECTIONS 42.31, 42.32, AND 42.99 OF THE LMCO RELATING TO CAMPING IN METRO PARKS, AND SECTIONS 97.072 AND 97.999 OF THE LMCO REGARDING OBSTRUCTION OF SIDEWALKS AND PUBLIC WAYS. (AMENDMENT BY SUBSTITUTION) (AS AMENDED)
    Ordinance
    Action: amended

    Council Member Arthur read a proposed amendment to replace Section 42.99(c): "When 42.31(D) is violated and the violation is observed by Louisville Metro, the person camping at the facility is present when the violation is observed, Metro shall issue a verbal warning to the person camping, and if the person continues camping or preventing the shared use of park, facilities, and assets which are otherwise open to the public from being used for the facilities intended purpose, the person camping may be civilly fined not less than $1 nor more than $5 for each offense. A motion was made by Committee Member Purvis, that this Ordinance be amended as read into the record. Due to the lack of a second, the motion to amend failed.

13. 1. AN ORDINANCE AMENDING SECTIONS 131.01, 131.02, AND 131.03 OF THE LOUISVILLE METRO CODE OF ORDINANCES (“LMCO”) RELATING TO CAMPING ON METRO PROPERTY, AND SECTIONS 42.31, 42.32, AND 42.99 OF THE LMCO RELATING TO CAMPING IN METRO PARKS, AND SECTIONS 97.072 AND 97.999 OF THE LMCO REGARDING OBSTRUCTION OF SIDEWALKS AND PUBLIC WAYS. (AMENDMENT BY SUBSTITUTION) (AS AMENDED)
    Ordinance
    Action: recommended for approval Passed

    The motion to recommend for approval carried by the following vote and the amended Ordinance was sent to Old Business:

14. 2. A RESOLUTION URGING THE IMPLEMENTATION OF THE PARKS FOR ALL ACTION PLAN RECOMMENDATIONS TO EQUITABLY INVEST IN AND ADVANCE THE LOUISVILLE METRO PUBLIC PARKS SYSTEM AND THE LOUISVILLE PARKS AND RECREATION DEPARTMENT. (AMENDMENT BY SUBSTITUTION)
    Resolution
    Action: recommended for approval

    The motion carried by a voice vote and the amended Resolution was sent to Old Business.

15. Support Staff

    Hollie Hopkins, Jefferson County Attorney's Office Alice Lyon, Jefferson County Attorney's Office

16. page break
17. 1. AN ORDINANCE AMENDING SECTIONS 131.01, 131.02, AND 131.03 OF THE LOUISVILLE METRO CODE OF ORDINANCES (“LMCO”) RELATING TO CAMPING ON METRO PROPERTY, AND SECTIONS 42.31, 42.32, AND 42.99 OF THE LMCO RELATING TO CAMPING IN METRO PARKS, AND SECTIONS 97.072 AND 97.999 OF THE LMCO REGARDING OBSTRUCTION OF SIDEWALKS AND PUBLIC WAYS. (AMENDMENT BY SUBSTITUTION) (AS AMENDED)
    Ordinance
    Action: amended

    Council Member George proposed an amendment to Section 42.31(D)(2) to add "or assets" as follows: Facilities. Except when park facilities have been expressly reserved through the Parks Department, no person shall prevent the shared use of park facilities or assets which are otherwise open to the public from being used for the facility’s intended purpose. For the purposes of this subsection, “facilities” include athletic fields, athletic structures, lodges, restrooms, community rooms, picnic shelters, clubhouses, and other permanent structures. A motion was made by Vice Chair Peden, seconded by Committee Member Mulvihill, that this Ordinance be amended as read into the record. The motion to amend carried by a voice vote.

18. 1. AN ORDINANCE AMENDING SECTIONS 131.01, 131.02, AND 131.03 OF THE LOUISVILLE METRO CODE OF ORDINANCES (“LMCO”) RELATING TO CAMPING ON METRO PROPERTY, AND SECTIONS 42.31, 42.32, AND 42.99 OF THE LMCO RELATING TO CAMPING IN METRO PARKS, AND SECTIONS 97.072 AND 97.999 OF THE LMCO REGARDING OBSTRUCTION OF SIDEWALKS AND PUBLIC WAYS. (AMENDMENT BY SUBSTITUTION) (AS AMENDED)
    Ordinance
    Action: amended

    Committee Member Mulvihill proposed an amendment to delete SECTION VIII (Section 97.02) and SECTION Capital1X (Section 97.999). The following spoke to this item: - Vice Chair Peden - Council Member Arthur - Alice Lyon, Jefferson County Attorney's Office - Council Member George A motion was made by Committee Member Mulvihill, seconded by Committee Member Blackwell, that this Ordinance be amended to delete Sections 97.072 and 97.999. The motion to amend failed by a voice vote.

19. 1. AN ORDINANCE AMENDING SECTIONS 131.01, 131.02, AND 131.03 OF THE LOUISVILLE METRO CODE OF ORDINANCES (“LMCO”) RELATING TO CAMPING ON METRO PROPERTY, AND SECTIONS 42.31, 42.32, AND 42.99 OF THE LMCO RELATING TO CAMPING IN METRO PARKS, AND SECTIONS 97.072 AND 97.999 OF THE LMCO REGARDING OBSTRUCTION OF SIDEWALKS AND PUBLIC WAYS. (AMENDMENT BY SUBSTITUTION) (AS AMENDED)
    Ordinance
    Action: amended Passed

    Council Member George spoke to the item and read into the record a proposed amendment by substitution (see attached). The following spoke to this item: - Council Member Hollander - Alice Lyon, Jefferson County Attorney's Office - Council Member George - Chair Fowler - Vice Chair Peden - Council President James - Committee Member Mulvihill - Council Member Arthur - Committee Member Purvis A motion was made by Vice Chair Peden, seconded by Committee Member Mulvihill, that this Ordinance be amended by substitution with the attached document titled, "O-263-22 PROPOSED CABS 111722 Amend LMCO RE Camping and Obstruction of Public Ways.pdf." The motion to amend by substitution carried by the following vote.

20. ID 22-1780 Captioning Transcript of Parks and Sustainability Committee Meeting - December 8, 2022
    Discussion Item
21. 1. AN ORDINANCE AMENDING SECTIONS 131.01, 131.02, AND 131.03 OF THE LOUISVILLE METRO CODE OF ORDINANCES (“LMCO”) RELATING TO CAMPING ON METRO PROPERTY, AND SECTIONS 42.31, 42.32, AND 42.99 OF THE LMCO RELATING TO CAMPING IN METRO PARKS, AND SECTIONS 97.072 AND 97.999 OF THE LMCO REGARDING OBSTRUCTION OF SIDEWALKS AND PUBLIC WAYS. (AMENDMENT BY SUBSTITUTION) (AS AMENDED)
    Ordinance
    Action: amended

    Committee Member Mulvihill proposed an amendment to remove "occupation or" from the definition of "Camping" in Section 42.31(D)(1). The following spoke to this item: - Council Member George - Committee Member Mulvihill A motion was made by Committee Member Mulvihill, seconded by Committee Member Blackwell, that this Ordinance be amended to delete "occupation or" from the definition of "Camping" in Section 42.31(D)(1). The motion to amend carried by a voice vote.