Council Environmental Quality Committee Meeting

Summary

Meeting Overview

The Environmental Quality Committee met on May 15, 2012, at 11:00 AM under the presiding leadership of Blues. The committee addressed six agenda items during the session, including approval of the committee summary, updates on sanitary sewer and environmental management programs, and an informational presentation on the Emerald Ash Borer. The committee took four motions to a vote and heard one public comment during the meeting. One item was referred and deferred for future consideration.

Attendance

The following individuals were present at the meeting on May 15, 2012:

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

No absences or late arrivals were recorded.

Votes and Decisions

Request to Form a Capacity Assurance Program Task Force 11:00

A motion was made by Stinnett and seconded by Kay to form a Capacity Assurance Program Task Force. The motion passed by voice vote with no abstentions.

Recommendation to Approve the Empower Lexington Resolution 13:58

A motion was made by Martin and seconded by Henson to approve the Empower Lexington resolution. The motion passed by roll call vote with 6 ayes and 2 nays.

Voting in favor: Blues, Stinnett, Gorton, Farmer, McChord, Lane

Voting against: Crosbie, Myers

Recommendation to Amend the Empower Lexington Resolution—Annual Reporting by Department of Environmental Quality 13:58

A motion was made by Gorton and seconded by Kay to amend the Empower Lexington resolution to include annual reporting by the Department of Environmental Quality. The motion passed by roll call vote with 7 ayes and 2 nays.

Voting in favor: Blues, Stinnett, Gorton, Farmer, McChord, Martin, Lane

Voting against: Crosbie, Myers

Recommendation to Amend the Empower Lexington Resolution—Annual Report on Energy Cost Reduction Efforts 13:58

A motion was made by Lane and seconded by McChord to amend the Empower Lexington resolution to include an annual report from the Urban County Government on energy cost reduction efforts. The motion passed by voice vote with no abstentions.

Public Comment

Edward Kusche addressed the board regarding water quality management fee exemptions 1:48:54. He challenged the LFUCG's practice of granting large exemptions from the water quality management fee to certain properties. Kusche argued that this practice is discriminatory and unfair, and called for greater transparency regarding the criteria used to determine which entities receive exemptions while others do not.

Contested Items

Water Quality Management Fee Exemptions

A public speaker raised concerns about inequities in how the water quality management fee was being applied. The speaker accused the Lexington-Fayette Urban County Government (LFUCG) of discriminatory practices, specifically pointing out that certain properties were receiving large exemptions from the fee without clear public explanation for the differential treatment.

The nature of the disagreement centered on transparency and fairness in fee administration. The speaker's opposition suggested that the exemption process lacked adequate justification or consistent criteria that the public could understand or verify.

No outcome or resolution to this concern was documented in the available meeting materials.

Environmental Quality Committee Summary (1-3)

The committee reviewed the March 13, 2012 summary during this agenda item. 12:09

Key Discussion Points

A correction was made to clarify the final motion from the previous meeting. The motion included two specific reporting requirements:

• The Department of Environmental Quality must report annually to the Council
• The Urban County Government must report on energy cost reduction efforts

Speakers

The discussion involved Blues, Gorton, and Lane.

Outcome

The summary was approved.

Sanitary Sewer Capacity Assurance Program Update (4-12)

Charlie Martin presented an update on the Sanitary Sewer Capacity Assurance Program (CAP) 15:35. The presentation outlined the program's requirements under the EPA Consent Decree.

Program Requirements

The CAP establishes several key requirements:

• Capacity certification procedures
• Credit use protocols
• Exceptions for essential services

Implementation Timeline

Martin emphasized the importance of timely submission of the plan to the EPA, with a deadline of January 2013.

Recommended Next Steps

Martin recommended forming a task force to guide the implementation of the Capacity Assurance Program. This task force would help ensure the program meets EPA requirements and is executed effectively.

Outcome

This agenda item was presented for informational purposes, providing the body with an overview of the program's framework and the steps needed to meet regulatory obligations.

Update on Capacity, Management, Operations & Maintenance (CMOM) Plan

43:55

Charlie Martin presented an overview of the CMOM program, which encompasses 150 implementation elements designed to improve the management and operations of the wastewater system.

Program Components

The CMOM plan addresses several key operational areas:

• Sewer overflow response procedures
• FOG (fats, oils, and grease) management
• Pump station operations
• Gravity line maintenance

Program Significance

Martin emphasized that while the CMOM program has a low financial impact on the budget, it carries high operational significance for the department. The program requires careful coordination across multiple departments to ensure effective implementation and ongoing compliance.

Key Takeaway

The presentation was informational in nature, providing the governing body with an understanding of the scope and complexity of the CMOM program's 150 implementation elements and the interdepartmental coordination necessary for successful execution.

Emerald Ash Borer Update (13-39)

John Saylor presented an update on the Emerald Ash Borer infestation affecting Fayette County 1:14:00. The presentation covered the pest's impact on ash trees, methods for identifying infested trees, and current mitigation strategies being employed in the region.

Key Topics Covered:

• Impact of Emerald Ash Borer on ash tree populations in Fayette County
• Identification methods for detecting infestation
• Treatment options available for affected trees
• The importance of maintaining tree diversity to reduce vulnerability to pest outbreaks
• Biological control efforts using parasitic wasps as a natural management tool

The presentation emphasized both immediate response measures and longer-term ecological approaches to managing the infestation. Saylor discussed how parasitic wasps could play a role in controlling Emerald Ash Borer populations naturally, while also addressing the need for property owners and land managers to consider treatment options for valuable ash trees.

Outcome:

This agenda item was informational in nature, providing the meeting attendees with current data and strategies related to the Emerald Ash Borer situation in the county.

Public Comment

Edward Kusche addressed the board during the public comment period, raising concerns about the LFUCG's administration of water quality management fees. 1:48:54

Kusche criticized the practice of granting special exemptions from the water quality management fee to certain properties. He characterized this approach as discriminatory and called for greater transparency and fairness in how fees are allocated across the community.

The outcome of this agenda item was informational, meaning no formal action was taken in response to the public comment at this time.

Items Referred (40)

During this agenda item, which appeared approximately 1 hour and 52 minutes into the meeting, no recommendations were made for referral of items to other bodies. The matter was deferred without further action or discussion being recorded.