October 27, 2015
4:30 PM
Mayor Mary Schneider called the meeting to order.
C.A.O. Leidgen conducted the roll call.  A quorum of the Commission was present.
Present:Mary Schneider, Mayor
Earl Hubbuch, Commissioner
Ben Jackson, Commissioner
Rusty Wells, Commissioner
Others John Singler, City Attorney
Present: Bill Bennett, City Treasurer
Faye Tanner, Recording Secretary
The Pledge of Allegiance was led by Mayor Schneider.
Phil Stone of 9110 Nottingham Parkway referred to a crew that recently dug up his yard in order to install a street light on the other side of the street.  He said they dug up his yard just to please the individual in that house who didn’t want his yard torn up.  The crew from Fischel Company had to go to a lot of time and expense to go under the street when there were already two lights at that location.  They also tore up his sprinkler system and didn’t report it to him.  They have agreed to pay to have this repaired, but Mr. Stone was more concerned that this was done without any notification to him. Mayor Schneider responded that she had approved the light installation and had been at the site during construction.  She apologized to Mr. Stone that she had not contacted him, but said she had not received a notice from City Hall to contact him.  She also understood that the neighbors had been contacted before the installation began.  Commissioner Wells asked that Mr. Stone notify them if the bill for the repair is not paid.  He also said he went to the site after dark and felt the need was there for more light.  Mr. Stone was not concerned about the payment from Fischel and said the bigger issue is that this ever happened.
Joe Magana of 308 South Lyndon Lane referred to a letter he sent to the Commission dated October 12, 2015 in which he requested that the Commission discuss and vote for removal of the speed humps on South Lyndon Lane.  He felt the process that took place in 2007 to install the speed humps was flawed in that any vote or petition did not include all residents of the City who are affected by those speed humps.  He provided documentation as to why he felt the process of using 70% resident approval is flawed since there are no guidelines about what area the 70% would encompass.  He also thought the petition did not completely follow the Louisville Metro “Speed Hump Installation Policy.”  During this discussion, Mr. Magana also brought up that the Commission minutes do not reflect how the Commissioners vote on an issue unless it is a roll call vote (such as adoption of City ordinances) and felt that all votes that are not unanimous should be recorded in the minutes indicating how each Commissioner voted.  C.A.O. Leidgen stated that he agreed with Mr. Magana and recommended the same. Attorney Singler stated that the chair can always call for a roll call vote on any issue, and it was decided that future minutes should indicate how Commissioners vote, rather than simply stating that a motion passed or failed.  Commissioner Hubbuch also referred to the fact that the City doesn’t have a well-defined policy regarding speed humps.  Attorney Singler reminded the Commission that speed humps are very controversial, whether they are being installed or are being taken out.  C.A.O. Leidgen suggested that he, Commissioners Hubbuch and Wells will get together to try to come up with speed hump policy guidelines going into the future.  Commissioner Wells said that at this time he could not support a motion to take out the existing speed humps on South Lyndon Lane because it would require a petition from at least 70 to 75% of the residents in support of their removal.  Mr. Magana again stated that for speed humps on a major thoroughfare he thought the vote should be from the entire community with all of the specifics regarding the installation declared.
Judy Clark of 300 South Lyndon Lane was also in favor of removing those speed humps.
Scott Zimmerman of Frank Otte Nursery was present to ask for approval of a landscaping and security plan for property at 8918 Cromwell Hill Road.  This plan included a 7’ tall fence and columns with security camera.  After looking at those detailed plans, Commissioner Jackson stated that the construction as presented could not be approved since some of the proposals would be in violation of current City ordinances.  Mr. Zimmerman will go back to his client, and may come back to the commission depending on the final plans.
Commissioner Hubbuch made the motion to approve the minutes of the regular meeting of October 13, 2015; his motion was seconded by Commissioner Jackson.  Motion carried.
Commissioner Hubbuch made the motion to approve the minutes of the October 13, 2015 meeting of the Hurstbourne Storm Water Advisory Committee after a minor correction is made.  His motion was seconded by Mayor Schneider.  Motion carried.
TREASURER’S REPORT – Treasurer Bennett
Treasurer Bill Bennett presented financial statements for the three months through September 2015.  He went through the Balance Sheet, referred to the Certificates of Deposit held by the City and the Insurance Premium Tax.  Mr. Leidgen will check on the City’s Dental and Life Insurance policies.
Municipal Order 15-33 Relating to Check Register Approvals for September 2015.  Commissioner Jackson made the motion to approve MO 15-33; his motion was seconded by Commissioner Hubbuch.  Motion carried unanimously.
ATTORNEY’S REPORT – Attorney Singler
Attorney Singler reported that the Code Enforcement Board had met regarding the 517 Leicester Circle case. There will be another meeting of the Board on October 29 to approve the minutes of that meeting.  To a question from Commissioner Hubbuch, Attorney Singler distributed pictures of current violations at this property.
CITY ENGINEER’S REPORT – Engineer Crumpton
In Engineer Crumpton’s absence, C.A.O. Leidgen presented photographs of the test area on the sidewalk on Bedfordshire done by Precision Concrete Cutting.  While the cut portion is lighter than the rest of the sidewalk, Mr. Leidgen thought there might be a way to keep the cut area from being so obvious, such as using a sealant product.  He will look into this matter further.
C.A.O. Leidgen presented the City’s Call Log.  There was discussion regarding the fact that some of the contacts may not be reported on the Call Log – such as Mr. Stone’s request that the Mayor contact him.  Mr. Leidgen said he would make a conscious effort to make certain all contacts, whether by phone, email, text or someone coming into the office, are recorded on the Call Log.  Mayor Schneider also expressed her concern that so many of the contacts are complaints about trash pickup and whether residents may be putting trash out after the truck has run.  She suggested that the next Hurstbourne Herald include information about this matter.
C.A.O. Leidgen presented an updated spreadsheet regarding the expenses for the move to the new City Hall building.  The move is scheduled for Friday, October 30, and Monday, November 2. He also stated that City Hall would be closed that Monday and Tuesday. However, all phone messages would be attended to during and after the move.
MAYOR’S REPORT – Mayor Schneider
Mayor Schneider reported that the Jefferson County League of Cities will be celebrating their 60th anniversary on November 19 and encouraged all of the Commissioners to attend.
Mayor Schneider also expressed her appreciation to Attorney Singler and C.A.O. Leidgen for all of the preparation required for the Code Enforcement Hearing.
PUBLIC WORKS REPORT – Commissioner Wells
Commissioner Wells referred to the sidewalk “shaving” done by Precision Concrete Cutting.  He noted that the color difference is noticeable if you’re right on top of the shaved part, but removing a complete slab would be much more expensive.
There will be preliminary meeting with representatives from MSD this Wednesday, and they will be at the November 10 Commission meeting with specific recommendations for the City of Hurstbourne.  Work will begin soon on cleaning out some of the City’s waterways, and the City will try to get on MSD’s schedule for help with those issues.
Commissioner Wells said he does not yet have pricing for the masonry work to be done on Linn Station Road.
There was further discussion about making certain that all contacts to the City are placed on the City’s Call Log.  C.A.O. Leidgen recommended to the Commission that Victoria in the City Office be notified when they are contacted by a resident so that contact can also be placed on the Call Log.
The dumpster pad at the new building will be installed in the future.
Commissioner Wells presented a quote from Triarc Custom Welding for handicap ramp handrails and step rails at the new City Hall building.  He will proceed with this since the funds are in his budget.
Several dead and hazard trees have been removed. Commissioner Wells presented a list from MSD of service calls since July 12, 2015 from Hurstbourne residents.
PUBLIC SAFETY REPORT – Commissioner Hubbuch
No report:
Commissioner Jackson stated he has reached out to several banks within the City to determine which one(s) will give better rates and/or be better suited for Hurstbourne’s needs. He will come back to the Commission with recommendations.
Commissioner Jackson has been in discussion with C.A.O. Leidgen about financial decision making, and thought there should be a certain amount that the C.A.O. could be authorized to spend out of a department without having to receive approval from the Commissioner in charge of that department.  He will come back to the next meeting with a municipal order which will specify those amounts.
Commissioner Jackson stated he has received calls from Mike Degrella about the sound barrier wall which was approved for construction a year and a half ago.  Mr. Degrella said he has sent a letter and made phone calls to Representative Julie Raque Adams about this matter but has received no response.  Mayor Schneider said she understood the problem was with funding.  Commissioner Jackson asked C.A.O. Leidgen to contact Ms. Adams to check on the status of getting the funding back in the budget and also to ask her if she did receive the letter and phone calls from Mr. Degrella.
This will be looked into.
It was suggested that the City conduct a ribbon-cutting ceremony for the new City Hall building at 4:00 p.m. (prior to the Commission meeting) on November 24.
No report: Commissioner Lois Wagner, in her absence from this meeting, requested that C.A.O. Leidgen distribute an October 27, 2015 email from her expressing statements, opinions and requests regarding speed humps if the matter came up for discussion. (C.A.O. Leidgen distributed such email – copy attached).
At 6:35 p.m. Commissioner Hubbuch made the motion to adjourn.  His motion was seconded by Commissioner Jackson; motion carried unanimously.