January 13, 2015
CITY OF HURSTBOURNE
304 WHITTINGTON PARKWAY / SUITE 100
Mayor Mary Schneider called the meeting to order.
C.A.O. Leidgen conducted the roll call. A quorum of the Commission was present.
Mary Schneider, Mayor
“Earl Hubbuch, Commissioner
Ben Jackson, Commissioner
Lois Wagner, Commissioner
Rusty Wells, Commissioner
Jim Leidgen, C.A.O.
John Singler, City Attorney
Chris Crumpton, City Engineer
Faye Tanner, Recording Secretary
The Pledge of Allegiance was led by Mayor Schneider.
RECOGNITION OF GUESTS
Former Hurstbourne Mayor Furman Wallace
Marybeth Kettle of 1234 Inverary Court
APPROVAL OF MINUTES
There were two corrections or additions to be made to the December 9, 2014 minutes. In the section pertaining to the City audit, a sentence will be added which states, “Commissioner Jackson suggested the Commission delay acting on the audit until the next meeting on January 13, 2015 in order that they have time to look it over.” Also, the first sentence in Commissioner Hubbuch’s report will now state, “Commissioner Hubbuch said there are no major crime issues in the City and he is pleased with the agreement with Kentuckiana Law Enforcement for police protection.” Commissioner Hubbuch then made the motion to approve the December 9, 2014 minutes as amended. His motion was seconded by Commissioner Jackson; motion carried.
TREASURER’S REPORT – Treasurer Bennett
In Treasurer Bill Bennett’s absence, C.A.O. Leidgen went over the City’s financial statements for the month of November. He explained that the number of delinquent taxes has already been reduced from the amount shown on the report.
Commissioner Jackson made the motion to accept the audited financial statements for the year ended June 30, 2014 as presented at the last Commission meeting. His motion was seconded by Commissioner Hubbuch. Motion carried.
Municipal Order 15-01 Relating to Designating a Mayor Pro-tem. Commissioner Wells made the motion to approve MO 15-01 designating Commissioner Hubbuch as Mayor Pro-tem. His motion was seconded by Commissioner Jackson; motion carried.
Municipal Order 15-02 Relating to Appointing the Superintendents for City Departments. Attorney Singler distributed copies of the City ordinance which defines the duties of the Commissioners in charge of the various departments.
After a discussion, Commissioner Jackson made the motion that Commissioner Wells be appointed as Superintendent of Public Works Department. His motion was seconded by Commissioner Hubbuch; Motion carried by a vote of 4 to 1 with Commissioner Wagner voting no.
Commissioner Hubbuch made the motion that Commissioner Jackson be appointed as Superintendent of General Government. His motion was seconded by Commissioner Wells; motion carried.
Commissioner Jackson made the motion that Commissioner Hubbuch be appointed as Superintendent of Public Safety. His motion was seconded by Commissioner Wells; motion carried.
Commissioner Jackson made the motion to appoint Commissioner Wagner as Superintendent of Sanitation/Code Enforcement. His motion was seconded by Commissioner Hubbuch; motion carried.
Commissioner Hubbuch then made the motion to approve MO 15-02 with these appointments. His motion was seconded by Commissioner Jackson; motion carried.
Municipal Order 15-03 Relating to Re-Appointment of the City Administrative Officer/City Clerk/Alcohol Beverage Control Officer/Code Enforcement Officer. This MO re-appoints Jim Leidgen to those positions. Commissioner Hubbuch made the motion to approve MO 15-03. His motion was seconded by Commissioner Wells; motion carried.
Municipal Order 15-04 Relating to Re-Appointing the Attorney for the City. This MO re-appoints John Singler, of the law firm of Hodge, Singler and Ritsert, to this position. Commissioner Jackson made the motion to approve MO 15-04. His motion was seconded by Commissioner Hubbuch; motion carried.
Municipal Order 15-05 Relating to Re-Appointing the City Treasurer. This MO re-appoints William H. Bennett, Jr. to this position. Commissioner Wagner made the motion to approve MO 15-05. Her motion was seconded by Commissioner Jackson; motion carried.
Municipal Order 15-06 Relating to Re-Appointment of City Engineer. This MO re-appoints Chris Crumpton, Principal Officer of Blue Stone Engineers, PLLC, to this position. Commissioner Hubbuch made the motion to approve MO 15-06. His motion was seconded by Commissioner Jackson; motion carried.
Municipal Order 15-07 Relating to the Appointment of a Member of the Board of Ethics of the City of Hurstbourne for a Term to Expire on December 31, 2016. This MO appoints Robert Rudd as a member of the Board of Ethics. Commissioner Hubbuch made the motion to approve MO 15-07. His motion was seconded by Commissioner Wagner; motion carried.
Municipal Order 15-08 Relating to Appointing Additional Commissioner to Finance Committee. Commissioner Hubbuch made the motion to add Commissioner Wells name in Section 1 appointing him as the “additional Commissioner” to serve on the Finance Committee. His motion was seconded by Commissioner Jackson; motion carried. Commissioner Hubbuch then made the motion to approve 15-08 with the inclusion of Commissioner Wells. His motion was seconded by Commissioner Jackson; motion carried.
Municipal Order 15-09 Relating to Appointing Members to the Code Enforcement Board. This MO appoints the following Members and terms that end in February 2016: Mike Bewley, Member and Chairperson; David Buchanan, Member; Mischell Hutto, Member; Norb Hancock, Alternate; and Julie Yeager-Cayot, Alternate. Commissioner Hubbuch made the motion to approve MO 15-09. His motion was seconded by Commissioner Jackson; motion carried.
Municipal Order 15-10 Relating to Check Register Approvals for November, 2014. Commissioner Jackson made the motion to approve MO 15-10. His motion was seconded by Commissioner Wagner; motion carried.
Commissioner Hubbuch stated that several citizens and members of the Commission of the City of Hurstbourne have requested that the City continue to distribute a copy of the Hurstbourne Herald (both hard copy and electronic copy) on a regularly scheduled basis. Based on this request, Commissioner Hubbuch made the following motion: 1) That the Hurstbourne Herald (both hard copy and electronic copy) be published and distributed by the United States Postal Service on a quarterly basis with publication to be prior to the end of the months of February, May, August and November; 2) That the Mayor and Commissioners are required to author articles on suggested subjects for the Hurstbourne Herald with no article being signed by the author(s); and 3) That the City Administrative Officer be appointed editor of the Hurstbourne Herald and that he is responsible for the final contents, printing, distribution, etc. Commissioner Hubbuch’s motion was seconded by Commissioner Wells; motion carried.
Commissioner Hubbuch reported that a new restaurant will soon be coming to the City.
ATTORNEY’S REPORT – Attorney Singler
Attorney Singler stated that he needs a decision from the Commission on the closure of a long-standing code violation case. C.A.O. Leidgen reported on the progress in getting the property cleaned up. Commissioner Jackson stated that the Commission needs to be assured that the property will not soon revert back to the previous state of disorder and disrepair. After a discussion, he then made the motion to conditionally discharge the fees and penalties for a period of two years based on no future violations and that the representing attorney is properly notified of this resolution. Commissioner Hubbuch seconded the motion; motion carried by a vote of 4-0-1 with Commissioner Wells casting the abstaining vote.
There was discussion about the Alcoholic Beverage
License issued to the Hurstbourne Country Club.
ADMINISTRATOR’S REPORT – C.A.O. Leidgen
C.A.O. Leidgen reported that all Commissioners have given him their signed Certificates of Receipt form acknowledging receipt of the distributed publications: “Your duty under the Law” and “Managing Public Records. He will send a Certificate of Distribution to the Kentucky Attorney General.
C.A.O. Leidgen reported that his office is reviewing, updating and cleaning all office and electronic files.
Mr. Leidgen asked each of the Commissioners to send him their ideas for articles in the Hurstbourne Herald. He will try to have those articles distributed by the next Commission meeting.
Mr. Leidgen said he has been prioritizing the Resident Call Log and frequent code violations. This helps in determining when a number of calls are being made about the same individual or residence.
Now that the new superintendents of departments have been selected, C.A.O. Leidgen said it would be a good time for him to meet individually with the Commissioners to establish general and departmental goals for 2015.
C.A.O. Leidgen and Engineer Chris Crumpton had met with Stoll Paving regarding asphalt, curb and gutter repairs.
Mr. Leidgen reminded the Commissioners of the upcoming conferences and events: 1) City Officials Academy January 21-23 in Lexington; 2) Kentucky City/County Management Association February 12-13 in Frankfort; City Day February 11 from 8:30 a.m.–4:30 p.m. in Frankfort; and City Night February 11 4:30 p.m.–7:30 p.m. in Frankfort. He asked Commissioners to let him know if they plan to attend.
C.A.O. Leidgen said he has received a proposal in letter form from Andrea Hanlon, who has served as the primary contact for MTA (Mark Timmons & Associates); the professional horticulturist for Hurstbourne for a number of years. In the letter, she outlined a change in the management of the company and included a Letter of Agreement. She is assuming the role of principal operator with the retirement of Timmons from this area. The proposed agreement calls for Hanlon to continue to serve as Hurstbourne’s horticulturist until 2017 at specified rates. Commissioner Wagner emphasized that the change would be seamless in that Ms. Hanlon will continue to provide the professional services to the City as she has for many years. She also stated there was no one in the Louisville area as qualified and she is well worth the rate that she charges. Commissioner Jackson said he would prefer that any contract contain an opt-out clause in case there is a lack of performance or for any other reason. He then expressed his objection to language that allows a contract to be automatically renewable for several reasons. C.A.O. Leidgen emphasized that there are no issues with Ms. Hanlon’s performance and she has spent countless hours in the City, but he also agreed that the contract should be better formalized. After discussion, Commissioner Wells made the motion to accept the Letter of Agreement and enter into a contract with Hanlon Horticultural Associates with the condition that the signed agreement allows for termination of the contract by executing a thirty-day written notice from either party. His motion was seconded by Commissioner Jackson; motion carried.
MAYOR’S REPORT – Mayor Schneider
Mayor Schneider stated she is looking forward to working with the Commissioners during the coming year. She said she would like to focus on the level of communication to residents and the level of technology used in the City. She and C.A.O. Leidgen will conduct research in this area and report back with recommendations to the Commission
PUBLIC SAFETY REPORT – Commissioner Hubbuch
GENERAL GOVERNMENT REPORT – Commissioner Jackson
Commissioner Jackson referred to the Proclamation that the City issued after the death of Mr. Sam Swope. He emphasized that this would be attached to the City’s minutes as part of the permanent records of the City.
Commissioner Jackson and C.A.O. Leidgen met with representatives from Rumpke to discuss recent service problems. Rumpke addressed those issues and pledged to correct the problems going forward. It was also communicated that the sanitation contract is up for bid in the near future.
Mr. Jackson stated that he was previously authorized by the Commission to investigate and report back his findings regarding the possibilities of ownership of a City Hall building. He then asked for renewal of such authority. After a discussion, Commissioner Hubbuch made the motion that the Commission form a special committee consisting of Mayor Schneider, C.A.O. Leidgen, Commissioner Jackson and Commissioner Wagner for the purpose of researching the feasibility of purchasing or construction of a new City Hall and to make a recommendation to the City Commission for any and all decisions or commitments. His motion was seconded by Commissioner Wells; motion carried.
CODE ENFORCEMENT/SANITATION REPORT – Commissioner Wagner
PUBLIC WORKS REPORT – Commissioner Wells
Commissioner Wells stated that he will do his best to serve the City of Hurstbourne and said he welcomes input from others.
At 6:05 p.m. Commissioner Jackson made the motion to adjourn; his motion was seconded by Commissioner Hubbuch. Motion carried.