January 10, 2012
4:30 PM


Mayor Bob English called the meeting to order.

C.A.O. Jim Leidgen conducted the roll call. Present were: Mayor Bob English; Commissioners Ed Dahlem, Dick Hays, Earl Hubbuch, and Lois Wagner; Attorney John Singler; and Treasurer Bill Bennett. Mr. Leidgen determined that a quorum was present.

The Pledge of Allegiance was led by Mayor English.

– City Auditor Don Lawson, Jr. who spoke later in the meeting (under Business Items).

– City Engineer Chris Crumpton who spoke later in the meeting.

– Louisville Metro Police Detective James Rice who spoke later in the meeting (under the Public Safety Report) about criminal activity in the City.

– City residents Diane Justice of 8314 Nottingham and Lisa McClure of 114 S. Whipps Mill Road spoke
of their concern about recent home break-ins. Ms. McClure, whose home was burglarized, on November 25th presented a petition with 36 signatures which suggested that (1) The City allocate funding to create and maintain a full time 24/7 Police Department. (2) The city provides easy and quick ways to inform all of the families that are interested in learning about any crimes in the neighborhood. Ms. McClure stated that she did not enroll to receive the existing Public Safety Alert e-mails until after she was burglarized. She also thought the City should have a separate meeting to discuss this matter. Ms. Justice said she is concerned for children and elderly residents who may encounter individuals who try to rob or otherwise do them harm. Mrs. Justice is on the City’s e-mail list prior to Ms. McClure’s burglary, however, she did not receive the public safety alert of Ms. McClure’s burglary. This issue was discussed further during the Public Safety Report

Commissioner Hays made a motion to approve the minutes of the December 13, 2011 regular meeting of the City Commission; his motion was seconded by Commissioner Dahlem. Motion carried.


– Don Lawson, Jr., Managing Director of Stephens & Lawson, CPA’s, presented to the Commission a copy of the City’s audit for the fiscal year ending June 30, 2011. He reported that the City had a clean audit. From 2010 to 2011, assets of the City went up about $204,000 and liabilities were down. Revenues of the City went down a small amount, partly due to a reassessment by the PVA on a piece of commercial property. The amount received from the insurance premium tax is up a little, but has slowed down over the third and fourth quarter. Overall, there was more revenue than expenditures. He also stated that if the City decides to budget expenditures in the Road Fund greater than budgeted road aid revenue for the year, the budget should not reflect a deficit but rather show sufficient funds transfer from City surplus accounts. He asked the Commissioners to call him with questions after they have had time to review the audit.

– Municipal Order 12-01 Relating to Check Register Approvals for November & December 2011. Commissioner Hays moved approval of MO 12-01; his motion was seconded by Commissioner Dahlem. Motion carried.

– Municipal Order 12-02 Relating to Appointing the Superintendents for City Departments. It was decided to continue with the same individuals and to include those names in MO 12-02: General Government – Commissioner Dahlem; Public Safety – Commissioner Hubbuch; Public Works – Commissioner Wagner; and Sanitation/Code Enforcement – Commissioner Hays. Mayor English moved approval of MO 12-02; his motion was seconded by Commissioner Hays. Motion carried.

– Municipal Order 12-03 Relating to Designating a Mayor Pro-Tem. It was decided that Commissioner Hays should continue in this position. Commissioner Dahlem moved approval of MO 12-03; his motion was seconded by Mayor English. Motion carried.

– Municipal Order 12-04 Relating to Re-Appointing the City Administrative Officer/City Clerk/Alcoholic Beverage Control Officer. This MO re-appoints C.A.O. Leidgen to this position. Commissioner Dahlem moved approval of MO 12-04; his motion was seconded by Mayor English. Motion carried.

– Municipal Order 12-05 Relating to Re-Appointing the City Engineer. This MO re-appoints Integrated Engineering PLLC to this position. Commissioner Hubbuch moved approval of MO 12-05; his motion was seconded by Commissioner Wagner. Motion carried.

– Municipal Order 12-06 Relating to Re-Appointing the Attorney for the City. This MO re-appoints John Singler, of Hodge & Singler, to this position. Commissioner Dahlem moved approval of MO 12-06; his motion was seconded by Commissioner Hubbuch. Motion carried.

– Municipal Order 12-07 Relating to Re-Appointing the City Treasurer. This MO re-appoints William H. Bennett, Jr. to this position. Mayor English moved approval of MO 12-07; his motion was seconded by Commissioner Hubbuch. Motion carried.

ATTORNEY’S REPORT – Attorney Singler
– Attorney Singler reported that the City is working with American Legal Publication on the codification of ordinances.

– Pertaining to the Schrodt v. Hurstbourne, et al case, Attorney Singler presented a copy of a letter from Phillips Parker Orberson & Arnett and said this lawsuit is now over. MSD corrected this drainage problem at no cost to the City.

– Pertaining to the Hadrotes Property CPC No. 5, LLC and Oxmoor Woods Residents Association case, Attorney Singler said the parties have reached a complete resolution on all issues and that case has now been dismissed.

– Attorney Singler reminded the Commission that the City’s franchise with Insight Communications expired at the end of 2011. There have been negotiations between Metro Louisville and the Jefferson County League of Cities Cable Commission about extending the contract with Insight and Time Warner, who will be taking over Insight. The Jefferson County League of Cities Cable Commission and Insight agreed on a one-year extension in order to have enough time for the Time Warner arrangement to be finalized and to give the parties time to negotiate a longer term. Insight has also agreed to the one-year extension for the City of Hurstbourne. Attorney Singler presented Resolution No. 12-01 Relating to a Cable Franchise Extension which accepts the City’s Franchise Extension Agreement and extends the City’s contract with Insight/Time Warner through 2012. Commissioner Dahlem made the motion to approve Resolution No. 12-01; his motion was seconded by Commissioner Hubbuch. Motion carried.

– Attorney Singler presented a letter from the new owners of the Vinings Development, JHS Vinings, LLC, which included a demolition and construction plan for the properties they own in Williamsburg Plaza. The letter states that Hurstbourne will be supplied with copies of all permits and demolition plans submitted to Louisville Metro Inspections, Permits, and Licenses, and with copies of confirmation from utility companies for utility shut offs, capping and/or removal. The letter also states that the City of Hurstbourne may inspect the properties after demolition. City Engineer Chris Crumpton said that by receiving all of the documentation the City can follow that process closely.

– There had been previous discussions about repealing and replacing the City’s ordinances relating to
license fees for alcoholic beverages. Attorney Singler presented a draft of “An Ordinance Repealing and Replacing Codified Section 111.03 of the City of Hurstbourne Codified Ordinances Pertaining to License Fees. He will be looking at the City’s existing ordinances before first reading is given to this ordinance.

– Attorney Singler presented a draft of “An Ordinance to Amend the Code of Ordinances of the City of Hurstbourne to Provide for the Registration and Permitting of Rental Properties. This ordinance defines the operation of rental properties in the City as a business which the City is entitled to regulate and permit under KRS 92.20. It requires the registration of rental dwellings, sets the conditions for compliance with the City’s ordinances, provides for the issuance of a permit, and sets the penalties for violation of the ordinance. This will be discussed further at future Commission meetings.

– Discussion of the Karla Davis lawsuit will be held at a future time.

TREASURER’S REPORT – Treasurer Bennett
– Treasurer Bill Bennett referred to the financial statements for the five months ended November 30, 2011 which had been distributed to the Commission. He has been sending employees from his office to help while the City is without a financial assistant.

– C.A.O. Leidgen referred to the City’s “Service Request/Call Traffic Log” for the month of December. There were a number of calls regarding on-street parking, but most of those were because of additional visitors during the holidays.

– Mr. Leidgen has received resumes from several candidates for the financial assistant position. The position has also been posted on LouisvilleWorks.com and the resumes will be screened before interviews are scheduled.

– C.A.O. Leidgen presented a “State of the City” outline which highlights some of the activities in the City during 2011.

“Actions by Ordinance”
changing the zoning to C2 on the Vinings Property (Williamsburg Plaza); keeping the property tax rate the same for the 10th consecutive year; the creation of a Bank Deposit Tax and a Business License Fee; and amending the City’s parking ordinance.

“Internal Operations”
The City has: implemented important upgrades to computer hardware and software; implemented an on-site deposit scanning system; and updated the document scanning system which allows for the first time on-site PDF capabilities.

“Financial Highlights”
The City: showed a surplus of $214,601 for the fiscal year ending June 30, 2011; and created $74,000 in new revenues with the Bank Deposit Tax and $4,000 in Business License Fees. Under “City Improvements and Services” the City: implemented ADA ramps and sidewalks; improved signage, street markings and city entrances along Shelbyville Road; and implemented a “courtesy reminder” system to notify residents when they are not in compliance with city ordinances.

“Other 2011 Highlights”
The creation of digital copies of ordinances and municipal orders, and the posting of key ordinances to the City’s website. Mr. Leidgen presented several goals for 2012 and specifically mentioned his plan for an interactive website. This would allow two-way communication in a secure manner without a lot of expense. He would like to move forward on this project and present options to the Commission at later meeting. He congratulated the Commission on doing an outstanding job in managing the City.

MAYOR’S REPORT – Mayor English
– No report.

PUBLIC WORKS REPORT – Commissioner Wagner
– Commissioner Wagner reported that the ADA ramps and sidewalks project is underway and approximately half finished. City Engineer Crumpton emphasized that they are using concrete mix that will closely match the existing colors.

– No report.

PUBLIC SAFETY REPORT – Commissioner Hubbuch
– Commissioner Hubbuch thanked Ms. Justice and Ms. McClure for attending the meeting and expressing
their public safety concerns. He stated that the City hires on a per-hour basis a qualified detective from the Metro Louisville Police Department who provides the City with various reports of incidents in the City. In addition to the detective, Hurstbourne also pays off-duty Metro police officers to patrol the City at various times of the day. Commissioner Hubbuch stressed that the City will double check to make certain that Ms. Justice and Ms. McClure are on the e-mail list to receive public safety alerts.

Commissioner Hubbuch asked Detective Rice to give his 2011 year-ending totals for the City of Hurstbourne. Some of these various categories had decreased from 2010 to 2011 while others had increased. To a question from Commissioner Dahlem about a neighborhood watch, Detective Rice agreed it would be helpful since it takes everyone working together to solve the problems. Detective Rice also pointed out that upon research of adjoining Cities crime statistics, that the City of Hurstbourne had a better safety record when compared to these other Cities.

When Commissioner Dahlem asked Ms. McClure what she would recommend that the City do, she stated she would like the City to reallocate some of their funds to hire a person(s) to patrol the City. Commissioner Hubbuch stated that the City has determined it is a better solution to hire well-qualified officers through Louisville Metro. Mayor English also asked that all of the residents who signed the petition sign up to receive all of the public safety alerts.

Ms. McClure also complained that her street does not get snow removal and asked if the city will look into this matter.

At 6:20 p.m. Commissioner Hays made the motion to adjourn; his motion was seconded by Commissioner Hubbuch. Motion carried.