Stormwater Stakeholder Advisory Committee

Summary

Meeting Overview

The Stormwater Stakeholder Advisory Committee met on December 2, 2022, from 9:00 a.m. to 11:00 a.m. at the Phoenix Building – 3rd Floor Conference Room, with Amy Sohner presiding. The meeting covered 8 agenda items spanning a range of stormwater and watershed management topics. The committee took 2 votes during the session, approving the minutes from the September 9, 2022 meeting and approving meeting dates for 2023, while tabling one item — "Infill and Development: The Area versus the Practice" — for future consideration. Members also heard 2 public comments and received 4 informational presentations covering Kentucky's Nutrient Reduction Strategy, low-cost strategies for watershed-scale stream restoration, the role of the Floodplain Appeals Committee in Lexington's floodplain management, and an update on an expiring Watershed At-Large Seat.

Attendance

The following 32 members were present at the December 2, 2022 Committee meeting:

• Eileen Burk, Doug Burton, Jennifer Carey, Jim Conner, Ken Cooke, Steve Evans, Stephen Garland, Amanda Gumbert, Don Hill, Greg Lubeck, Tom Martin, Mary Murray, Amy Sohner, Clay Turner, Russ Turpin, Jerry Weisenfluh, Denice Bullock, Jeffinisha Cobb, Sarah Donaldson, Becky Irwin, Demetria Kimball Mehlhorn, Jennifer Myatt, Lindsie Nicholas, Abby Terry, Richard Walker, Amy Clark, Josiah Frey, Bob Hawley, Ken Johnson, Brad Lee, Malissa McAlister, and Steve Vogel.

No members were recorded as absent or late.

Votes and Decisions

Two motions were brought before the Committee during the December 2, 2022 meeting, both of which passed unanimously.

• Approval of the September 9, 2022, Meeting Minutes 0:32: A motion to approve the minutes from the September 9, 2022 meeting was made by Ken Cooke and seconded by Eileen Burk. The motion passed unanimously. No roll call vote was recorded.

• Approval of Meeting Dates for 2023: A motion to approve the Committee's meeting dates for the 2023 calendar year was made by Ken Cooke and seconded by Steve Vogel. The motion passed unanimously. No roll call vote was recorded.

Public Comment

Two members of the public provided comments during the December 2, 2022 committee meeting.

• Melissa McAlister 23:28 spoke in support of expanded assistance for wastewater treatment. She expressed appreciation for the increased assistance being provided in this area, and noted that watershed watch sampling frequently identifies elevated nutrient concentrations that can be traced back to effluent from treatment facilities. Her comments underscored the connection between treatment facility outputs and downstream water quality concerns.

• Ken Cooke 24:32 raised a question regarding the use of Farm Bill funds for nutrient reduction efforts. Specifically, he inquired about how Farm Bill funds are being utilized for nutrient reduction in comparison to 319 funds, pointing to the notably larger scale of funding available through the Farm Bill. His comment suggested interest in ensuring that the larger funding source is being effectively leveraged alongside existing grant mechanisms.

Both comments centered on nutrient reduction and water quality themes, reflecting broader public interest in the funding and operational approaches being used to address nutrient concentrations in local waterways.

Contested Items

Floodplain Appeals Committee Notification Process 1:45:13

The meeting included a procedural dispute regarding how the public is notified about hearings before the Floodplain Appeals Committee. Ken Cooke raised concerns that the current notification process lacks sufficient transparency, arguing that it should more closely mirror the notification procedures used by the Board of Adjustment. Cooke's position was that bringing the Floodplain Appeals Committee's process in line with the Board of Adjustment's approach would better inform affected parties and the broader public about upcoming hearings.

No outcome from this dispute is available in the provided record.

Approval of 9/9/2022 Minutes

0:32

The committee took up the approval of minutes from its September 9, 2022 meeting. Amy Sohner led this portion of the agenda, during which members were given the opportunity to offer any additions or corrections to the previously circulated minutes.

No concerns, amendments, or corrections were raised by any committee members. The minutes from the September 9, 2022 meeting were approved as presented.

Kentucky's Nutrient Reduction Strategy Update

1:04

Josiah Frey from the Kentucky Division of Water delivered a presentation providing an update on Kentucky's Nutrient Reduction Strategy. The presentation was informational in nature, with Frey outlining the state's efforts to reduce nitrogen and phosphorus levels in waterways.

The core focus of the strategy centers on reducing nutrient pollution — specifically nitrogen and phosphorus — that enters Kentucky's waterways. A key element of the discussion addressed the downstream impact of these nutrients, including their contribution to water quality degradation in the Gulf of Mexico. Excess nitrogen and phosphorus from inland states like Kentucky can travel through river systems and ultimately contribute to hypoxic zones and other ecological problems in the Gulf.

No formal action was taken as a result of this presentation, which served as an informational update for the Committee.

Low-Cost, High-Benefit Strategies for Facilitating Watershed-Scale Stream Restor

35:12

Bob Hawley delivered a presentation on low-cost, high-benefit strategies for facilitating watershed-scale stream restoration. The presentation was informational in nature, providing the committee with an overview of approaches and techniques applicable to stream restoration efforts at the watershed scale.

Hawley highlighted successful projects as part of the discussion, with the Gunpowder Creek restoration cited as a notable example of effective watershed-scale stream restoration work. The presentation focused on strategies that maximize restoration outcomes while minimizing costs, offering the committee insight into practical methods that can be applied across broader watershed areas.

The item was received as an informational presentation, with no recorded vote or formal action taken by the committee as a result of the discussion.

The Floodplain Appeals Committee: It's Role in Lexington's Floodplain Management

1:13:31

Thomas Martin presented an overview of the Floodplain Appeals Committee and its function within Lexington's broader floodplain management framework. The presentation was informational in nature, covering the committee's role in handling appeals and variances related to floodplain regulations.

Martin explained the process by which appeals and variances are considered, outlining how the committee operates as a mechanism for property owners and other affected parties to seek relief or reconsideration of decisions made under Lexington's floodplain management rules. The presentation provided context for how the committee fits into the overall regulatory structure governing floodplain areas within the jurisdiction.

No specific outcome or action was taken as a result of this agenda item, as it served primarily as an informational briefing for those in attendance.

Infill and Development: The Area versus the Practice

Agenda Item 5 was scheduled to feature a presentation by Thomas Martin on the topic of infill and development, specifically examining the distinction between infill as a geographic area and infill as a planning practice. However, the item did not proceed as planned at the December 2, 2022 Committee meeting — no presentation was delivered, no discussion took place, and no concerns were raised on the record.

The item was tabled and deferred to a future meeting. No additional details regarding the reason for the deferral are available from the meeting record.

Thomas Martin is expected to present on this topic at the next scheduled meeting.

Expiring Watershed At-Large Seat

The committee received information regarding an expiring Watershed At-Large Seat for Boone Creek. The seat is set to expire on March 6, 2023.

Amy Sohner was the key speaker on this agenda item. The discussion was informational in nature, providing the committee with notice of the upcoming vacancy so that appropriate steps could be taken in advance of the expiration date.

No specific outcome or action was recorded beyond the informational presentation of this item.

Approval of Meeting Dates for 2023

The committee took up the matter of scheduling its meetings for the coming year. The proposed dates presented for 2023 were:

• March 3
• June 2
• September 8
• December 1

Ken Cooke and Steve Vogel were the key speakers during this agenda item. The committee reviewed the proposed schedule and moved to approve the four meeting dates as presented. The item was approved.

Potential Topics for Next Meeting

The committee discussed potential topics to be taken up at its next meeting. Ken Cooke and Russ Turpin were the key speakers during this portion of the discussion.

The primary topic identified for the next meeting was a discussion on the MS4 permit. No additional topics were recorded as part of this agenda item.

The item was informational in nature, and no formal action or vote was taken.