Council Environmental Quality Committee

Summary

Meeting Overview

The Environmental Quality Committee met on May 3, 2011, at 3:00 p.m. at Lexington-Fayette Urban County Government, with Chairman Blues presiding. The committee addressed five agenda items during the meeting, including constituent comments, environmental remediation planning, property authority issues, and grant program considerations. The committee took three votes and heard one public comment from constituent Ed Kusche. Two items—the Remedial Measures Plan regarding $SO Baseline Recommendations and the discussion of Private Property Issues concerning Responsibilities & Authority—were deferred for further consideration. The committee approved the Acute Problem Grant Program and voted to schedule a special meeting for June 2011.

Attendance

Present: Blues, Stinnett, Gorton, Farmer, Martin, Henson, Lane

Absent: Kaye

Late: None

Votes and Decisions

The meeting included three motions, all of which passed by voice vote with no dissenting votes.

Pilot Grant Program for Sewer Backups 2:06:45

A motion by Martin, seconded by Gorton, to recommend establishing a $100,000 pilot grant program in the 2012 budget to address chronic sewer backups in homes passed unanimously. All seven members voted in favor: Blues, Stinnett, Gorton, Farmer, Martin, Henson, and Lane. The Environmental Department and Legal Department will develop eligibility criteria for the program, with funding to come from the Sanitary Sewer Fund.

Special Meeting on SSO Baseline Recommendations 2:07:23

A motion by Lane, seconded by Blues, to schedule a special meeting on June 21, 2011, at 11:00 AM to make a recommendation on SSO baseline recommendations passed unanimously with all seven members voting in favor. An amendment was added to the motion to include an opportunity to place other items on the agenda for that meeting.

Work Group on Private Property Access Policies 1:25:36

A motion by Farmer, seconded by Blues, to form a work group to recommend policies on private property access to reduce inflow and infiltration into the sanitary sewer system passed unanimously with all seven members voting in favor. Vice Mayor Gorton will lead the task, which will include expertise from the Planning Committee and the consulting team.

Budget and Financial Actions

The meeting included approval of a pilot grant program totaling $100,000 to address chronic sewer backups in homes. This grant program is intended to provide financial assistance to homeowners in need of sewer backup mitigation.

Public Comment

0:00

Ed Kusche, representing Hillcrest Cemetery, addressed the council regarding the water quality management fee. He expressed concern that the $3,000 annual fee places an unfair and unsustainable burden on small businesses. Kusche urged the council to explore alternative funding sources for water quality management and to enforce the fee more equitably across all affected entities.

Contested Items

The May 3, 2011 meeting featured two significant areas of disagreement among council members regarding sewer infrastructure and financing.

Equity in Sewer Fee Burden

Council members engaged in a heated discussion about whether all residents, including rural property owners, should bear the cost of sewer improvements. The debate centered on fairness concerns, particularly regarding the impact on low-income and small business taxpayers. Members disagreed about the appropriate distribution of costs across different segments of the community and whether rural residents should contribute equally to improvements that may not directly serve their properties.

Funding Mechanism for Large-Scale Sewer Projects

A second point of contention involved how to finance a $500–$800 million sewer project. Council members were split on whether to implement flat-rate fees or usage-based charges. Proponents of different approaches raised concerns about equity and affordability, with particular worry about the ability of residents to absorb increased costs under either funding model. The split vote indicated that council members could not reach consensus on which mechanism would be most fair and sustainable for the community.

Constituent Comments: Ed Kusche

Ed Kusche, representing Hillcrest Cemetery, addressed the meeting to express opposition to the water quality management fee 0:00.

Key Concerns Raised

Kusche highlighted the disproportionate impact of the proposed water quality management fee on small businesses. He argued that the fee structure created an inequitable burden for smaller operations compared to larger entities.

Requests and Recommendations

Kusche called for two primary actions:

• Equitable enforcement of the water quality management fee across all affected parties
• Consideration of alternative funding mechanisms that would distribute costs more fairly

Outcome

This agenda item was informational in nature, with no formal action taken during the meeting.

Remedial Measures Plan - $SO Baseline Recommendations

5:34

Charlie presented a draft remedial measures plan outlining cost estimates for addressing sanitary sewer overflows (SSOs) based on different storm event scenarios. The presentation included projections for two-, five-, and ten-year storm events.

Key Discussion Points

The discussion centered on several critical aspects of the plan:

• Cost Breakdowns: Participants reviewed detailed cost estimates associated with each storm event scenario to understand the financial scope of remedial measures.

• Financing Options: The group explored various financing mechanisms and approaches to fund the proposed remedial measures.

• Inflow and Infiltration: Speakers emphasized the importance of addressing inflow and infiltration from private property as a strategy to reduce long-term expenses. This focus reflected recognition that reducing water entering the system from private sources could decrease overall remedial costs.

Speakers Involved

The agenda item involved input from multiple participants: Charlie (presenter), Martin, Lane, Farmer, and Gorton.

Outcome

The matter was deferred, indicating that the group did not reach a final decision or approval on the remedial measures plan at this meeting. Further discussion or additional information was needed before proceeding.

Private Property Issues - Responsibilities & Authority

1:10:34

The committee discussed challenges related to accessing private property to address illicit connections and inflow/infiltration issues.

Key Discussion Points

The primary focus was on the difficulties the committee faces in gaining access to private properties to identify and remediate unauthorized connections to the sewer system and water infiltration problems. These issues can significantly impact system performance and water quality.

Work Group Formation

In response to these challenges, the committee formed a work group tasked with developing recommendations for improved access and enforcement policies. The work group's mandate includes examining potential policy mechanisms to facilitate property inspections and remediation efforts.

Potential Policy Approaches

One approach under consideration is the implementation of mandatory inspections during property transfers. This would create a mechanism to ensure properties are evaluated for illicit connections and infiltration issues at key transition points in property ownership.

Speakers

The discussion involved multiple committee members, including Charlie, Farmer, Lane, Martin, and Gorton.

Outcome

The agenda item was deferred, indicating that further work by the newly formed work group is needed before the committee takes final action on recommendations regarding private property access and enforcement policies.

Acute Problem Grant Program

The committee discussed the establishment of a pilot grant program designed to address chronic sewer backup issues affecting homeowners. 1:38:44

Program Overview

The proposed program would allocate $100,000 to provide financial assistance to homeowners experiencing chronic sewer backups. Eligible solutions under the program would include infrastructure improvements such as grinder pumps or basement capping.

Key Participants

The discussion involved committee members Martin, Gorton, Lane, and Henson.

Development Process

The committee determined that specific program criteria would be developed collaboratively by the Environmental and Legal Departments. This approach ensured that both environmental standards and legal requirements would be incorporated into the program's framework before implementation.

Outcome

The Acute Problem Grant Program was approved by the committee.

June 2011 Special Meeting

The committee approved scheduling a special meeting for June 21, 2011, at 11:00 AM 2:07:23. The purpose of this meeting is to finalize recommendations on the SSO baseline plan and prepare a report for the full council.

Key speakers on this agenda item included Lane and Blues. The committee voted to approve the special meeting date and time as proposed.