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Commission Meeting

Tuesday, August 11, 2015
August 11, 2015




August 11, 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

                                                                        Lois Wagner, Commissioner


Others              John Singler, City Attorney

Present:            Bill Bennett, City Treasurer

Faye Tanner, Recording Secretary 

 The Pledge of Allegiance was led by Mayor Schneider.




Mr. Ron Petaja with Petaja Builders was present to request from the Commission a variance to construct a garage for Mr. and Mrs. Charles Warner of 8007 Laughton Lane.  The request is for the proposed garage to move approximately fifteen feet inside the property setback line.  The owner has gained consent from his neighbors, and the plans were submitted to B.O.S.A. which had ruled to allow the variance.  The proposed garage appeared to meet Hurstbourne requirements.  After discussion, Commissioner Wagner made the motion to approve the variance conditional on the applicant (its successors and assigns) maintaining the landscape buffer on the west side of the property or replace said buffer, if it dies, with landscaping material of similar size and density.  Her motion was seconded by Commissioner Hubbuch; motion carried.


Mr. Del O’Rourk of 914 Abemarle Court, a former City Commissioner, said he had heard about the Commission’s discussions to redefine the administrative assistant position, which would reduce the pay for the individual currently in that position.  He gave some of the history of the City, and emphasized that the employee at that time was part-time and on many occasions there was no one covering the office.  He said prior Commissions learned the lesson that it is important to have a qualified person in that position.  He noted that Hurstbourne is an up-scale community that is working with a large surplus and the residents deserve quality personnel.  He also emphasized that the individual in this position must be able to handle


day-to-day operations when the C.A.O. is not present, and Mrs. Lemke is qualified to do that.  He urged the Commission to reconsider their decision.


Mr. Sam Salvo of 9420 Wessex Place and Mr. Norb Hancock of 9503 Wessex Place asked the Commission for clarification as to the requirements for the completion of the fence between their condominium complex and Panera Bread.  There was also the question about their reimbursement for the wooden fence which they have had erected.  Attorney Singler and City Engineer Chris Crumpton spoke to some of these issues.  Attorney Singler said he would research the file and the Binding Elements for the Vinings project and would get that information to C.A.O. Leidgen who will contact them.




Attorney Singler stated that the Commission had agreed to continue the Employee Hearing in order to receive additional evidence.  That evidence has been provided to them by C.A.O. Leidgen.  Attorney Singler emphasized that the Commission can go into Executive Session only for deliberations, but any   decisions must occur in open session.  Commissioner Jackson made the motion that the Commission go into closed session based on KRS 61.810(1)(j) for the specific purpose of deliberation of judicial or quasi-judicial bodies.  His motion was seconded by Commissioner Hubbuch; Motion carried


On their return from closed session, Commissioner Jackson made the motion that the Commission return from executive session and go back into regular session.  His motion was seconded by Commissioner Hubbuch; motion carried. 




Commissioner Jackson made the motion that effective September 1, 2015 the hours for City Hall shall be 8:30 a.m. – 5:00 p.m. The Administrative Assistant shall take an hour for lunch and be compensated at a rate of $20 per hour.  His motion was seconded by Commissioner Wells; motion carried.

Addendum to minutes




Commissioner Wells made the motion to approve the Minutes of the July 23, 2015, Special Commission Meeting (MSD).  His motion was seconded by Commissioner Jackson; motion carried.


Commissioner Wells asked that several changes be made in the Minutes of the July 28, 2015 Regular Meeting and Employee Hearing.  Commissioner Hubbuch then made the motion that those minutes be approved as modified by Commissioner Wells.  His motion was seconded by Mayor Schneider; motion carried.


Commissioner Wells made the motion to approve the Minutes of the July 30, 2015 Ad Hoc Committee Meeting (HSWAC).  His motion was seconded by Mayor Schneider; motion carried.


TREASURER’S REPORT – Treasurer Bennett

No report.





ATTORNEY’S REPORT – Attorney Singler


Attorney Singler presented a license agreement to be signed by the City as well as by officials of the Church of Jesus Christ of Latter-Day Saints, which would allow the City to install and maintain an

eight foot fence.  The agreement also requires the encroached property is covered under commercial general liability insurance for the amount of one million dollars listing the Church as an additional insured.  Engineer Crumpton stated this agreement would be used instead of an easement.  After discussion, Commissioner Wagner made the motion that the Commission move ahead with the License Agreement and on the two entrances as shown on the Engineer’s drawings.  Her motion was seconded by Mayor Schneider.  Motion carried with Commissioner Hubbuch voting nay and Commissioner Jackson abstaining.


CITY ENGINEER’S REPORT – Engineer Crumpton


Lawrence & Associates will begin Phase 5 of the City wide ADA sidewalk project within a few days. The project also includes the sidewalk extension at Lowe Elementary School. After a discussion regarding ADA sidewalks at the new City Hall building, Commissioner Hubbuch made the motion to also authorize Lawrence & Associates to install ADA sidewalks at the new City Hall building as drawn by Engineer Crumpton.  His motion was seconded by Commissioner Wells; motion carried.


The advertisement for the City’s paving contract will be placed in the newspaper, and opening of the bids is scheduled for August 28.


Pictures and videos regarding the recent rainstorm and major flooding event were forwarded to MSD, and they have been using some of that information as examples to their internal staff.  The City has not yet heard from MSD regarding any proposals they may have.




C.A.O. Leidgen reported he has contacted a number of elevator companies about the possible construction of an elevator in the new City Hall building, and he made clear that this could be a very costly venture.  After discussion it was decided that Mr. Leidgen should contact those companies again to get more definitive estimates and report back by the next Commission meeting.


C.A.O. Leidgen reported he has called and sent letters regarding the Hess property and he is getting no response. He and John Singler will take additional needed steps in an effort to bring the property into compliance.


Mr. Leidgen also reported that sixteen individuals have agreed to participate in the Ad Hoc Committee (HSWAC) and reminded the Commission of the upcoming August 18th Committee meeting.


MAYOR’S REPORT – Mayor Schneider


She stated that in the Hurstbourne Herald residents were asked to notify the City if they want additional street lighting for safety reasons. One resident responded accordingly. After several weeks passed by, the individual asked about the status of his request.  C.A.O. Leidgen said there is an issue because the location requested by the resident may not be the best location and would be more costly to install.  After discussion, Commissioner Wagner made the motion to install the light on the east side of the resident’s property as requested by the resident.  Her motion was seconded by Commissioner Jackson; motion carried with Commissioner Hubbuch voting Nay.   


PUBLIC WORKS REPORT – Commissioner Wells


Commissioner Wells reported on upcoming events. The City picnic will be held on Sunday, September 20th from 5:00 to 8:00 p.m. This year it will be at Lowe Elementary School. The Picnic will include food and band music. In conjunction with the picnic, Lowe will host a health and wellness fair from 4:00 to 6:00 p.m. A 5K walk-run event on Saturday, September 19th at 8:30 a.m. will kick off the weekend.


To a question from Commissioner Wells, Engineer Crumpton reported on the progress of the preliminary plans for storm water management that will include regional drainage improvements and water retention.


The refurbishing of certain entrance lights is almost complete and installation should start in about a week.   


PUBLIC SAFETY REPORT – Commissioner Hubbuch


Commissioner Hubbuch expressed his concern about a public safety issue at the intersection of Colonel Anderson Parkway at S. Lyndon Lane.  He urged that this intersection could be very dangerous during heavy rain, snow or ice events. There is possible risk where a vehicle could slide into the creek. Commissioner Hubbuch further stated that the MSD Flume design creates a public safety hazard. Engineer Crumpton and C.A.O. Leidgen agreed that it is more dangerous than it was before the modifications were made. It was decided that Mr. Crumpton would consult with Contractor Lawrence and Associates to come up with recommendations on how to correct the problem.




No report.




Commissioner Jackson asked the Commission to read the information he had sent to them pertaining to the job description for the C.A.O. position and to get back to him with any suggestions.  This will be discussed at the next Commission meeting.


To a question from Commissioner Jackson, C.A.O. Leidgen asked for ideas regarding the upcoming Hurstbourne Herald. Commissioner Jackson offered article topics – residents to be reminded to keep their catch basins and gutters clean, and Metro 311 services and its uses are better clarified for residents. 




At 7:00 p.m. Commissioner Hubbuch made the motion to adjourn.  His motion was seconded by Commissioner Wagner; motion carried.