Water Quality Fees Board (Virtual meeting)

Summary

Meeting Overview

The Water Quality Fees Board met on August 13, 2020, at 9:00 a.m., with George Woolwine presiding. The meeting was held via Zoom web conferencing platform. The board addressed two agenda items: the FY2021 Class A Neighborhood Grant Selection, which was approved, and an Incentive Grant Status Update presented for informational purposes. During the meeting, the board took 9 motions to a vote and heard 8 public comments from members of the community.

Attendance

The following individuals were present at the meeting on August 13, 2020:

• George Woolwine
• Harry Clarke
• George Ely
• Donna Fogle
• David Lowe
• Charles Martin
• Jennifer Carey
• Frank Mabson
• Denice Bullock
• Michael Cravens
• Cathy DiMarco
• Tricia Coakley
• Ken Cooke
• Jerry Weisenfluh
• Charles Goggin
• Kris Goggin
• Charles (Chartorn) Renfro
• Susan Spalding

Donna Fogle arrived late to the meeting. No attendees were absent.

Votes and Decisions

Nine grant-related motions were voted on during this meeting, all of which passed unanimously by roll-call vote with 4 ayes, 0 nays, and 0 abstentions.

Cumberland Hill Neighborhood Association, Inc. Grant 21:17 Motion by Harry Clarke, seconded by George Ely. Approved the Director's Recommendation for the grant application. Votes for: Harry Clarke, George Ely, Donna Fogle, George Woolwine. The applicant must obtain written approval prior to work on properties not owned by the applicant and cannot proceed with fieldwork until written approval is obtained from the Grant Administrator or Director of Water Quality.

The Ellerslie at Delong Homeowners Association, Inc. Grant 26:18 Motion by George Ely, seconded by Harry Clarke. Accepted the Director's Recommendation. Votes for: Harry Clarke, George Ely, Donna Fogle, George Woolwine. The applicant must verify the need and ensure all permits are received prior to streambank stabilization work.

Friends of Wolf Run, Inc. Partial Grant 45:20 Motion by Harry Clarke, seconded by George Ely. Approved the Director's Recommendation. Votes for: Harry Clarke, George Ely, Donna Fogle, George Woolwine. Multiple conditions apply including coordination of tree plantings with utilities and restrictions on project sites #2, #4, #6, #9, #10, #11, #12, and #13. Project site #13 is not eligible for funding.

Griffin Gate Community Association, Inc. Grant 46:30 Motion by George Ely, seconded by David Lowe. Accepted the Director's Recommendation. Votes for: Harry Clarke, George Ely, Donna Fogle, David Lowe.

Hartland Homeowners Association, Inc. Partial Grant 47:38 Motion by David Lowe, seconded by George Ely. Approved the Director's Recommendation. Votes for: Harry Clarke, George Ely, Donna Fogle, David Lowe.

Hickman Creek Conservancy, Inc. Feasibility Grant 50:25 Motion by George Woolwine, seconded by Harry Clarke. Accepted the Director's Recommendation. Votes for: Harry Clarke, George Ely, Donna Fogle, George Woolwine. Budget shall reflect the 20.1% cost share offered in the application.

Lakes Edge Condominium Association, Inc. Grant 54:10 Motion by George Woolwine, seconded by David Lowe. Accepted the Director's Recommendation. Votes for: Harry Clarke, George Ely, Donna Fogle, David Lowe. Budget shall reflect the 20.2% cost share offered in the application.

Neighbors United for South Elkhorn Creek Inc. Grant 55:20 Motion by Harry Clarke, seconded by George Ely. Accepted the Director's Recommendation. Votes for: Harry Clarke, George Ely, Donna Fogle, David Lowe. Budget shall reflect the 28.4% cost share offered in the application.

Walnut Hill Club at Chilesburg Owners Association, Inc. Grant 56:29 Motion by David Lowe, seconded by Harry Clarke. Accepted the Director's Recommendation. Votes for: Harry Clarke, George Ely, Donna Fogle, David Lowe. Budget shall reflect the 20.3% cost share offered in the application.

Budget and Financial Actions

The meeting included action on the following financial item:

FY2021 Class A Neighborhood Grant Selection - Amount: $269,268.38 - Type: Grant

This grant selection for fiscal year 2021 was presented for the Class A Neighborhood Grant program.

Public Comment

The meeting included eight public comments addressing drainage concerns, project site eligibility, and program implementation details.

Drainage and Infrastructure Issues

Cathy DiMarco raised concerns about serious drainage problems at Ellerslie at Delong Homeowners Association, noting slow drainage behind homes and at the subdivision entrance following heavy rains. She requested partial funding to address the issue 22:28. Charles Martin indicated interest in following up with DiMarco to investigate potential maintenance issues related to the subdivision's development 25:11.

Project Site Eligibility and Funding

Ken Cooke expressed concerns about deferring certain project sites, warning that doing so could result in loss of community buy-in. He requested clarification on RMP conflicts and encroachment agreements 28:01. Tricia Coakley similarly expressed concern that eliminating funding for the Elam Park Greenway project would undermine neighborhood buy-in and volunteer efforts built over years 30:13.

Project-Specific Feedback

Charles Goggin, representing the Gardenside Neighborhood Stream Restoration Group, confirmed agreement with restricting work to the Holly Springs side of the creek at Gardenside Park due to RMP construction 37:32.

Program Implementation Questions

Ken Cooke questioned the prohibition on planting trees in utility rights-of-way, noting past successful collaboration with Kentucky Utilities' Right Tree in the Right Place program 39:11.

Technical Clarifications

Charles Martin clarified that a tributary discussed in the Hickman Creek Conservancy feasibility study flows through Lansdowne and Merrick Park before joining West Hickman Creek upstream of New Circle Road 48:47. He also explained that the $125/hour grant management fee for Lakes Edge Condominium Association is typical for consultant work and reflects the rate paid by the firm 51:48.

Contested Items

The meeting included three areas of disagreement among participants:

Elam Park Greenway Project Site Eligibility

Tricia Coakley raised concerns about eliminating funding for the Elam Park Greenway project. She expressed that doing so would undermine years of community investment and volunteer efforts, despite the existence of Resource Management Plan (RMP) conflicts at the site. This represented a tension between procedural requirements and community commitment to the project.

Encroachment Agreements for Allendale Greenway Nursery Plant Dispersal

Ken Cooke questioned the lack of an encroachment agreement for the Allendale site. Staff clarified that the Lexington-Fayette Urban County Government (LFUCG) is not currently issuing encroachment agreements to the steward managing that location. This procedural dispute centered on whether such an agreement was necessary or standard practice for the site's operations.

Tree Planting in Utility Rights-of-Way

Ken Cooke challenged what he characterized as a blanket prohibition on tree planting within utility rights-of-way. He referenced past successful collaboration with Kentucky Utilities' Right Tree in the Right Place program as evidence that tree planting in these areas could be managed appropriately. Staff acknowledged that the issue warranted a more nuanced discussion rather than a categorical restriction, indicating openness to reconsidering the policy's application.

FY2021 Class A Neighborhood Grant Selection

The Board reviewed nine applications submitted for FY2021 Class A Neighborhood Grants 0:00. The Director presented recommendations for full or partial funding of each application, based on evaluation scores, project elements, and available budget.

Funding Overview

The total amount requested across all nine applications was $424,021.10, while $269,268.38 was available for distribution. This funding gap necessitated careful prioritization and selective award decisions.

Key Participants

The discussion involved Charles Martin, Jennifer Carey, and Frank Mabson, who reviewed the applications and funding recommendations.

Process and Recommendations

The Director's recommendations took into account multiple factors including application scores and the specific elements of each proposed project. Rather than approving all requests in full, the Director recommended a combination of full and partial funding awards to maximize impact within the available budget constraints.

Outcome

The Board approved the FY2021 Class A Neighborhood Grant Selection as presented.

Incentive Grant Status Update

57:01

Frank Mabson provided an update on the status of past grant projects, covering completion progress, extensions, and pending final reports.

Key Points:

• Several projects were nearing completion
• Some projects experienced delays due to COVID-19 impacts
• Infrastructure conflicts caused delays for certain initiatives
• Extensions were granted for affected projects
• Final reports remain pending for some grants

Speakers:

Frank Mabson and Jennifer Carey addressed the status update.

Outcome:

This was an informational presentation with no action items requiring a vote or decision.