Water Quality Fees Board (Virtual meeting)

Summary

Meeting Overview

The Water Quality Fees Board met on October 8, 2020, at 9:00 a.m. via Zoom web conferencing, with George Woolwine presiding. The board addressed six agenda items, taking 13 votes and hearing 3 public comments during the meeting. The board approved funding for multiple infrastructure and grant initiatives, including the OPPORTUNITY FOR WORK AND LEARNING (OWL) FY2019 Class B Infrastructure Grant, the FY2021 Class B Infrastructure Grant Selection, and the FY2021 Class A Neighborhood Grant Selection following a revisit due to remaining FY2021 funds. The board also approved a recommendation regarding remaining funds and established meeting dates for 2021. An informational update on Incentive Grant status was also provided to the board.

Attendance

The following individuals were present at the meeting on October 8, 2020:

• Harry Clarke
• George Ely
• Donna Fogle
• David Lowe
• George Woolwine
• Charles Martin
• Jennifer Carey
• Frank Mabson
• Denice Bullock
• Amad Al-Humadi
• Michael Cravens
• Erin Hathaway
• Scott Southall
• Denise O'Meara

No absences or late arrivals were recorded.

Votes and Decisions

All votes during this meeting passed unanimously with no opposing votes or abstentions.

FY2019 Class B Infrastructure Grant - OWL Project Location Change 18:15 Motion by George Woolwine, seconded by David Lowe. The board accepted a change to the project location for the FY2019 Class B Infrastructure Grant for OWL at 636, 650, 673, 676, 692, and 698 Kennedy Road. All five board members voted in favor. The applicant must submit a revised budget and map showing the new location for signage, with the revised budget to be reviewed by staff.

FY2021 Grant Applications - Class B Infrastructure The board voted on nine FY2021 Class B Infrastructure Grant applications:

• Beaumont Residential Association, Inc. 49:23 - Motion by Harry Clarke, seconded by George Ely. The board supported the Director's recommendation with the understanding that alternate solutions are pursued. The project was not approved due to eligibility and maintenance concerns.

• Manley Farm, LLC 53:23 - Motion by David Lowe, seconded by Harry Clarke. The project was not eligible due to Class A property classification; alternative submission as a Class A Neighborhood grant was recommended.

• Paladin, Inc. 57:53 - Motion by Harry Clarke, seconded by George Ely. The project does not meet program goals despite eligibility and was not recommended for funding.

• Lexington Center Corporation 58:24 - Motion by David Lowe, seconded by George Ely. Full funding approved as the project meets eligibility and goals.

• Andover Neighborhood Association, Inc. 1:00:06 - Motion by George Woolwine, seconded by Harry Clarke. Full funding approved.

• Huber Realestate, LLC #1 1:02:14 - Motion by David Lowe, seconded by George Ely. Full funding approved.

• North Lexington Holdings II, LLC 1:11:09 - Motion by David Lowe, seconded by Harry Clarke. Partial funding approved with a revised budget omitting bike racks ($1,500) and bench ($3,000), with cost share adjusted to $11,313.75.

• United Landscape (James W. McFarland) 1:13:53 - Motion by Harry Clarke, seconded by George Ely. Full funding approved.

• Wesley United Methodist Church of Lexington, KY., Inc. 1:14:26 - Motion by George Woolwine, seconded by Donna Fogle. Full funding approved.

FY2021 Class A Neighborhood Grant Applications 1:28:07 Motion by David Lowe, seconded by Donna Fogle. The board approved updated recommendations for three applications: Ellerslie at DeLong HOA, Griffin Gate Community Association, and Heartland Homeowners Association. Funding was approved for all three projects.

FY2021 to FY2022 Fund Carryover 1:37:44 Motion by George Woolwine, seconded by David Lowe. The board accepted the recommendation to move unallocated funds of $550,178.15 from FY2021 to FY2022, to be proportionally allocated across grant classes.

2021 Meeting Dates 2:02:57 Motion by George Woolwine, seconded by David Lowe. The board approved meeting dates for 2021: January 14, April 8, July 8, and October 14.

Budget and Financial Actions

The meeting included approval of multiple grants totaling $876,265.46 across Class A and Class B Infrastructure Grant programs.

Class B Infrastructure Grants:

• Opportunity for Work and Learning (OWL): $158,701.13 for FY2019 grant covering infrastructure at 636, 650, 673, 676, 692, and 698 Kennedy Road, with a revised project location
• Andover Neighborhood Association, Inc.: $158,701.13 for FY2021 Class B Infrastructure Grant
• Lexington Center Corporation: $234,400.00 for FY2021 Class B Infrastructure Grant
• North Lexington Holdings II, LLC: $48,255.00 for FY2021 Class B Infrastructure Grant
• Huber Realestate, LLC #1: $12,000.00 for FY2021 Class B Infrastructure Grant
• United Landscape (James W. McFarland): $26,000.00 for FY2021 Class B Infrastructure Grant
• Wesley United Methodist Church of Lexington, KY., Inc.: $24,000.00 for FY2021 Class B Infrastructure Grant

Class A Neighborhood Grants:

• Ellerslie at DeLong Homeowners Association: $100,000.00 for FY2021 Class A Neighborhood Grant
• Heartland Homeowners Association: $99,915.00 for FY2021 Class A Neighborhood Grant
• Griffin Gate Community Association: $10,293.20 for FY2021 Class A Neighborhood Grant

Public Comment

Three speakers addressed the meeting with updates and clarifications on various projects.

OWL Project Location Change

Scott Southall presented information about a leadership change that prompted a reevaluation of the OWL Project 2:33. He proposed relocating the parking lot from 650 to 691 Kennedy Road to consolidate operations under one roof. The relocation would increase the facility's square footage from 9,000 to 12,000 square feet.

Paladin, Inc. Reverse Vending Machine Project

Scott Southall also addressed the Paladin, Inc. Reverse Vending Machine Project 56:41. He clarified that the project's purpose was to start conversations about bottle recycling and prevent pollution before it enters waterways, rather than to implement a city-wide program.

Sign and Bench Costs

Aaron Hathaway provided details about signage and bench expenses 1:09:00. He confirmed that one sign was requested at $3,000 and a bench at $3,000. Hathaway noted that signs typically cost between $2,000 and $3,000 when constructed from durable, weather-resistant materials.

Contested Items

The October 8, 2020 meeting included three projects that generated significant discussion and disagreement among board members.

Beaumont Residential Association, Inc. Project Eligibility

This project faced a split vote and was ultimately denied. The primary concerns centered on the use of Class A properties that were not owned by the HOA, questions about the feasibility of maintaining the project, and the absence of sign-off from property owners. Despite the division, the board ultimately supported the staff recommendation and approved a motion to pursue alternate solutions for the project.

Manley Farm, LLC Project Eligibility

The board voted to deny this project due to a fundamental eligibility issue: it was proposed on a Class A farm but sought Class B funding. The project did not qualify under the funding category applied for. However, the outcome was not entirely negative—staff recommended that the applicant reapply as a Class A grant instead, and the board approved this recommendation, allowing the project a path forward through the appropriate funding mechanism.

Paladin, Inc. Reverse Vending Machine Project

This project sparked a heated discussion between staff and board members regarding whether it aligned with the grant program's core objectives of improving water quality and reducing stormwater runoff. The debate centered on the project's scope and relevance to the program's stated goals. While board members acknowledged the project's merit, they ultimately agreed that it fell outside the program's intended scope and voted against approval.

OPPORTUNITY FOR WORK AND LEARNING (OWL) - FY2019 Class B Infrastructure Grant

2:33

The Opportunity for Work and Learning (OWL) organization requested approval for a significant modification to its FY2019 Class B Infrastructure Grant project. The primary change involved relocating the project from multiple addresses—636, 650, 673, 676, 692, and 698 Kennedy Road—to a single location at 691 Kennedy Road.

OWL attributed the project relocation to two operational factors: a leadership change within the organization and the need for operational consolidation. The new consolidated location at 691 Kennedy Road would serve as the centralized site for the infrastructure improvements.

The modified project scope includes an expansion of the permeable paver area. Under the original plan, the project encompassed 9,000 square feet of permeable pavers. The revised proposal increases this to 12,000 square feet, representing a 33 percent expansion of the permeable paver component.

Key speakers in the discussion included Scott Southall, Frank Mabson, George Woolwine, and Amad Al-Humadi.

Staff reviewed the proposed changes and recommended approval, contingent upon two specific conditions:

• Submission of a revised budget reflecting the expanded scope and new project location
• Confirmation of an appropriate signage location for the project site

The meeting resulted in approval of the OWL FY2019 Class B Infrastructure Grant modification, allowing the organization to proceed with the consolidated project at 691 Kennedy Road with the expanded permeable paver area, subject to staff's conditions regarding budget revision and signage placement.

FY2021 Class B Infrastructure Grant Selection

The Board reviewed nine applications for FY2021 Class B Infrastructure Grants, which collectively requested $1,139,576.63 in funding. 18:49

Applications Reviewed

The Board considered applications from nine entities. Three applications—from Beaumont, Manley Farm, and Paladin—were not recommended for funding due to eligibility issues or misalignment with program goals.

Approved Applications

Six applications were approved, though with conditions attached to the awards. These conditions included requirements for cost share contributions, permit acquisition, and measures to avoid conflicts with future Lexington-Fayette Urban County Government (LFUCG) projects.

Key Participants

The discussion involved Jennifer Carey, Frank Mabson, George Woolwine, and Harry Clarke.

Outcome

The Board approved the six eligible applications with the specified conditions. The three ineligible applications were not recommended for funding.

FY2021 Class A Neighborhood Grant Selection – Revisit Due to FY2021 Funds Remaining

1:16:06

Due to unallocated funds remaining from Class B grants, staff recommended revisiting three previously partially funded or unfunded Class A grant applications to maximize the use of available FY2021 resources.

Key Speakers and Presentations

Jennifer Carey, Frank Mabson, George Woolwine, and Harry Clarke participated in the discussion of this agenda item.

Outcome

All three Class A applications under review were approved with updated funding recommendations:

• Ellerslie – Approved for full funding
• Heartland – Approved for full funding
• Griffin Gate – Approved for partial funding

The approval allowed the body to allocate the remaining Class B grant funds to Class A applications that had previously received incomplete or no funding, ensuring more efficient use of the available FY2021 neighborhood grant budget.

Remaining Funds Recommendation / Discussion

Staff presented a recommendation to carry forward $550,178.15 in unallocated FY2021 funds to the FY2022 grant program. The proposed approach involved proportionally allocating these remaining funds across classes to ensure equitable distribution.

Key speakers in this discussion included Frank Mabson, George Woolwine, and Harry Clarke. 1:33:30

The Board approved the staff recommendation. This decision was made to ensure continued funding availability for future projects, allowing the unallocated funds to support ongoing grant program activities in the subsequent fiscal year rather than returning them or allowing them to lapse.

Incentive Grant Status Update

Staff provided a comprehensive status update on more than 20 incentive grants during this agenda item. 1:38:15

Key Speakers and Presentation

Denice Bullock, Frank Mabson, and Scott Southall led the discussion on the various grant projects and their current status.

Project Updates

The update covered multiple grant projects at different stages of completion. Several projects have been completed, while others experienced delays attributed to COVID-19 impacts. Staff also reported on pending final reports from grantees.

Notable Items

Two projects received specific attention during the discussion:

• Beaumont: Requested approval to change the project location
• North Lexington Holdings: Demonstrated progress on construction activities

Outcome

This agenda item was informational in nature, with staff providing updates to the board on the status of the incentive grant portfolio without requiring a formal vote or decision.

Set 2021 Meeting Dates

2:01:22

The board reviewed and approved a new schedule of meeting dates for 2021. George Woolwine and Harry Clarke led the discussion on this agenda item.

The board established the following meeting dates for 2021: - January 14 - April 8 - July 8 - October 14

The change to these dates was necessitated by initial date conflicts with the previously proposed schedule. The board determined that the revised dates would better accommodate the board's availability and operational needs.

Outcome: The 2021 meeting dates were approved.