Council Environmental Quality Committee

Summary

Meeting Overview

The Environmental Quality Committee met on March 13, 2012, at 11:00 A.M., with Blues presiding. The committee addressed five agenda items during the session, taking four votes and hearing one public comment.

The committee approved two substantive items: the Sanitary Sewer Capacity Assurance Program and the Empower Lexington Plan Resolution. The committee also received an informational presentation on Division of Water Quality Projects. In addition to these items, the committee heard public comment and reviewed items referred to the committee for consideration.

Attendance

The following individuals were present at the meeting on March 13, 2012:

• Blues
• Stinnett
• Gorton
• Farmer
• Crosbie
• Myers
• McChord
• Martin
• Henson
• Lane

No absences or late arrivals were recorded.

Votes and Decisions

Motion to Form Capacity Assurance Task Force 1:02:26

A motion to form the Capacity Assurance Task Force to guide the development of the Sanitary Sewer Capacity Assurance Program was made by Blues and seconded by Martin. The motion passed by voice vote with no opposition. All ten members voted in favor: Blues, Stinnett, Gorton, Farmer, Crosbie, Myers, McChord, Martin, Henson, and Lane.

Amendment to Empower Lexington Energy Plan Resolution – Annual Reporting Requirement 1:42:58

An amendment to the Empower Lexington Energy Plan Resolution was proposed by Cordon and seconded by Martin. The amendment requires the Department of Environmental Quality to report annually on progress toward energy reduction goals. The amendment passed by voice vote with no opposition. All ten members voted in favor: Blues, Stinnett, Gorton, Farmer, Crosbie, Myers, McChord, Martin, Henson, and Lane.

Amendment to Empower Lexington Energy Plan Resolution – Government Actions Reporting 1:49:14

A second amendment to the Empower Lexington Energy Plan Resolution was made by Lane and seconded by McCord. This amendment requires the annual report to include actions taken by urban county government to reduce energy consumption. The amendment passed by voice vote with no opposition. All ten members voted in favor: Blues, Stinnett, Gorton, Farmer, Crosbie, Myers, McChord, Martin, Henson, and Lane.

Adoption of Empower Lexington Energy Plan Resolution as Amended 1:50:17

A motion to adopt the Empower Lexington Energy Plan Resolution as amended was made by Martin and seconded by Cordon. The motion passed by voice vote with no opposition. All ten members voted in favor: Blues, Stinnett, Gorton, Farmer, Crosbie, Myers, McChord, Martin, Henson, and Lane.

Public Comment

Edward Cushy addressed the council regarding LFUCG's regulation of agricultural pollution in South Elkhorn Creek 1:51:27. Mr. Cushy criticized the local government for exempting large livestock properties from water quality management fees. He expressed concern that despite these exemptions, such properties contribute significantly to pollution of South Elkhorn Creek through manure runoff and direct animal waste.

Mr. Cushy called for accountability and enforcement of the consent decree, indicating that current regulatory practices do not adequately address agricultural pollution sources in the waterway.

Contested Items

Energy Reduction Goal of 1% Annually

Council members debated the proposed energy reduction goal of 1% annually. The disagreement centered on whether this target was sufficiently ambitious and whether adequate accountability mechanisms were in place.

Several council members expressed concern that the 1% annual reduction goal was too modest. They argued that the target lacked sufficient accountability measures to ensure compliance and progress toward the stated objective.

In response to these concerns, multiple amendments were proposed to strengthen the proposal. These amendments focused on two key areas:

• Enhanced reporting requirements to provide greater transparency and oversight of energy reduction efforts
• Clarification of long-term objectives to establish a more comprehensive framework beyond the annual targets

The item resulted in a split vote among council members, indicating that consensus was not reached on the original proposal as presented. The amendments reflected an effort by some members to address the perceived weaknesses in accountability and long-term planning before moving forward with the energy reduction initiative.

Sanitary Sewer Capacity Assurance Program (1-15)

Director Charlie Martin presented the Sanitary Sewer Capacity Assurance Program (CAP), a consent decree requirement designed to ensure that new sewer connections do not overload the system. 4:53

Program Components

The presentation outlined four key components of the program:

• Capacity determination — establishing available sewer capacity
• Credit banking — tracking and allocating capacity credits
• Essential service exceptions — provisions for critical infrastructure connections
• Database development — creating a robust system to manage program data

Implementation Focus

Martin emphasized the need for a comprehensive database to support the program's operations and ensure effective capacity management across the system.

Committee Action

The committee approved the formation of a Capacity Assurance Task Force to guide the program's implementation. This task force will oversee the development and execution of the CAP framework.

Outcome

The agenda item was approved.

Empower Lexington Plan Resolution (16-17)

The committee discussed and amended a resolution supporting the Empower Lexington Energy Plan 1:14:04. The plan aims to reduce Fayette County's energy use by 1% annually through voluntary actions.

Key Speakers and Discussion

Susan Bush, Tom Webb, and Mark York participated in the discussion of this agenda item.

Amendments Adopted

The committee adopted amendments to the resolution that strengthened its requirements:

• Annual reports on progress toward energy reduction goals
• Documentation of government energy reduction efforts

Outcome

The resolution passed with unanimous support from the committee.

Division of Water Quality Projects (18-20)

Director Charlie Martin presented an update on the Division of Water Quality's ongoing and upcoming projects 1:04:06.

Current Projects

Martin reported that two major pump station projects are progressing on schedule:

• Deep Springs Pump Station
• Dixie Pump Stations

Upcoming Projects

The division is planning additional infrastructure improvements, including:

• Wolf Run Pump Station
• Stormwater improvements

Key Coordination Efforts

Martin emphasized the importance of coordinating with the Streets and Roads division to avoid repeated pavement damage during construction and maintenance activities. This coordination is intended to streamline project implementation and reduce disruption to roadways.

Outcome

This item was presented for informational purposes, with no action required.

Public Comment

Edward Cushy addressed the committee during the public comment period, raising concerns about agricultural pollution affecting South Elkhorn Creek. 1:50:49

Cushy specifically highlighted unregulated agricultural pollution from livestock manure runoff as a significant water quality issue. He questioned the current regulatory framework, noting that agricultural polluters appear to be exempt from water quality management fees despite the existence of a consent decree that governs pollution control measures.

The comment was informational in nature, with no formal action or decision required from the committee as a result of the remarks presented.

Items Referred

During this agenda item, the committee reviewed referred matters without making any changes to the existing referrals. No recommendations were made to add or remove items from the referral list. 1:53:42

Following this review, the committee proceeded to adjourn the meeting.