City of Barbourmeade
3409 Hillvale Road
Louisville, Kentucky 40241
Mayor
Kim Holsclaw
Monthly City Meeting
October 20, 2008
Mayor Holsclaw opened the meeting at 7:30 pm. All Commissioners were present with the exception of Commissioner Streit. All appointed City Officials were present.
ATTENDANCE
Residents of the City of Barbourmeade:
Tom Budniak (Ethics Committee Member) and Wynne Budniak of 3505 Barbour Lane, 425-0750
Misty Sprigg of 7905 Brownsboro Road, 339-9840
Jeana Tussey and Michael Banks of 7813 Brownsboro Road, 471-9234
Eugene Heimerdinger of 8201 Dinah Way, 426-4109
Other guests:
Katie King, Candidate for District Court Judge Div. 16
David Watson, Candidate for State Representative
SEPTEMBER MEETING MINUTES
Mayor Holsclaw made a motion to approve the September minutes. Commissioner Coomer seconded the motion. All were in favor.
TREASURER’S REPORT
City Treasurer Alvey presented the Treasurer’s report and reviewed it with the Commission. Mayor Holsclaw made a motion to approve the Treasurer’s report with approval pending audit. Commissioner Jay seconded the motion. All were in favor.
ORDINANCES - BILLS FOR PAYMENT
City Treasurer Alvey presented the bills for the month of September. Commissioner Jay noted that part of the $9,984 paid to Greenscapes included an amount for storm cleanup which she will address later in the meeting. City Treasurer Alvey stated that the amounts paid to residents Ross Rockey and Pat Neeley were for double payment of taxes. Mayor Holsclaw made a motion to approve the ordinance to pay the bills. Commissioner Jay seconded the motion. All were in favor.
MAYOR’S REPORT
Katie King, candidate for District Judge Div. 16, addressed the Commission. David Watson, candidate for State Representative, addressed the Commission.
Resident Jeana Tussey addressed the Commission regarding her concern over the enforcement of City Ordinance #13 regarding the parking restrictions of recreational vehicles within the City of Barbourmeade. Ms. Tussey feels that the ordinance is not being applied consistently and fairly to all residents and that the Commission should consider repealing the ordinance if it cannot be applied in this manner. Mayor Holsclaw acknowledged that this particular ordinance is difficult to apply consistently for several reasons. Meadow Vale police officers enforce the ordinance based on complaints from residents and/or visual inspection. If a complaint has not been made, or the offense is not observed by the officer over a 72 hour period (which can be the case since different officers work different days), there may not be an ordinance citation even if the ordinance is broken. Commissioner Jay noted that a list of complaints is given to the Meadow Vale Police on a regular basis so that the ordinance violation can be observed. Commissioner Coomer felt that the ordinance should not be repealed but recognized the enforcement problem and noted that the police use their discretion to cite people and that the Commissioners cannot act as vigilante enforcers.
Ms. Tussey also voiced her concern regarding the new striping on the Brownsboro Rd. access roads. She inquired whether the amendment to the parking ordinance #12 had been passed by the Commission since the first reading took place in the July 21st Commission meeting. Mayor Holsclaw replied that City Attorney Chauvin had prepared the amendment and that the second reading was to take place at the current meeting. Therefore, the amendment to the ordinance cannot yet be enforced. However, signs have already been ordered and put in place and the striping done because other orders were already being placed for these services in other parts of the City and it was more efficient to do it at the same time. Ms. Tussey expressed her concern that cars with two wheels parked in the grass looks “tacky”. She stated that she talked to the Worthington Fire Department and was told that they have never had an issue with access to these access roads and that their bigger concern was cars parking on court circles and cars parked on both sides of a street. Mayor Holsclaw responded that the Commission originally approved the amendment to the parking ordinance based on the reports of Commissioner Streit who stated that he was advised by the Worthington Fire Department that 12 ft. of access was needed on the road to allow emergency vehicles to pass. City Engineer Trautwein confirmed that 12 ft. was needed. Commissioner Streit had also previously reported to the Commission that he had talked to most of the residents living on Brownsboro Rd. and that they were in favor of the new parking ordinance. Resident Michael Banks replied that Commissioner Streit did talk to him but did not get back to him with details before the striping was done. Mayor Holsclaw stated that since Commissioner Streit was on vacation and not present, that the issue should be revisited in the November meeting when he is present. The residents concurred with this. City Attorney Chauvin stated that the ordinance will not be enforced until the amendment is officially passed. Commissioner Jay stated that she would tell the Meadow Vale police to not enforce the ordinance until further notice.
Resident Michael Banks addressed the Commission regarding his concerns over the reduction in the amount of times per week that garbage is picked up and the fact that the City uses tax money to contract for police services above what is already provided by Louisville Metro. Mayor Holsclaw responded that all contracted police officers go through the same training as a Louisville Metro officer. Also, Louisville Metro will not enforce the City’s ordinances and will not patrol on a regular basis. Therefore, the City contracts with Meadow Vale to perform these services. City Attorney Chauvin also stated that the Meadow Vale police were not a liability to the City since they are independent contractors and the City has no knowledge of previous misconduct of either police officer from Meadow Vale. Resident Eugene Heimerdinger also expressed his concern that the police were not consistently acting on ordinance violations. Mayor Holsclaw stated that she and Commissioner Streit will meet with the Meadow Vale Police and address these resident concerns with them. If they cannot follow through in a satisfactory manner, the City will consider hiring an additional independent contractor and reducing payments made to Meadow Vale accordingly. Mayor Holsclaw asked the residents to return to discuss this issue at the November meeting when Commissioner Streit is present.
Mayor Holsclaw stated that Kelly Downard’s office has called her regarding the sidewalk project on Barbour Lane. Downard’s office reported that several residents had called his office concerned that the construction would be taking place during the holidays. The project start date will now be after the holidays.
Mayor Holsclaw shared an email from resident James Coleman regarding his concern over the City’s disaster preparedness. He felt that the City should provide emergency shelters, dumpsters for spoiled food and that the City Engineer should take a more active role with directing LG&E which trees should be cut around power lines. Mayor Holsclaw pointed out that a free Disaster Preparedness Workshop was held by the City of Barbourmeade and the Red Cross in July and not one person attended. Also, the City Engineer is not responsible for telling LG&E which trees to cut. It is LG&E’s policy that no resident or independent contractor shall trim trees around power lines. This is the responsibility of LG&E. City Attorney Chauvin pointed out that the wind storm in September was unique and rare and that 5th and 6th class cities such as Barbourmeade are not designed to address these large scale emergencies. City Attorney Chauvin did suggest that Barbourmeade continue to give residents information on how to get in touch with LG&E and/or the Mayor of Louisville during emergencies. Commissioner Jay pointed out that previous newsletters have informed residents to call LG&E so that they can pinpoint grid problems and respond more quickly. City Attorney Chauvin will do research at the Kentucky League of Cities (KLC) and other sources to see how other small cities prepare for disasters.
Mayor Holsclaw asked the Commission for their RSVP’s regarding the Jefferson County League of Cities dinner on Monday, November 10th. Everyone will attend with the exception of City Clerk Sedgwick and City Attorney Chauvin. The Mayor’s Neighborhood Summit Workshop has been set for Saturday, November 15th. The charge is $25 per person for the whole day which is much cheaper than the KLC convention. Mayor Holsclaw stated that Commissioner Jay and Commissioner Streit would like to attend this workshop and therefore made a motion that the City approve them to attend at $25 each. Commissioner Coomer seconded the motion. All were in favor.
Mayor Holsclaw received a complaint about a dog that is barking excessively at 3503 Coronado Dr. City Attorney Chauvin will write them a letter.
SANITATION
Commissioner Crockett reported on the storm clean-up and that yard waste pickup has become much more manageable for Rumpke. They will now pick up more than 10 bags of yard waste since their trucks are not so full. The Brownsboro access road across from the Brownsboro Vista entrance was skipped by Rumpke again. Commissioner Crockett will talk to Rumpke. Most residents have now cleaned up their yards after the storm. Commissioner Crockett will check with Louisville Metro to make sure they plan to come into cities like Barbourmeade to clean up as there are two yards where debris has not been hauled away and it does not fulfill the requirements for Rumpke yard waste (chopped and bundled). City Engineer Trautwein suggested that Louisville Metro be given more time as he believes the clean up crews will come into subdivisions.
Resident Allan Dittmer sent Commissioner Jay some information regarding Waste Management’s recycling program for light bulbs and batteries for a small charge. Commissioner Jay passed this information on to Commissioner Crockett so that it can be put in the next newsletter.
ROADS & MAINTENANCE
Commissioner Coomer reported that Bluegrass Striping has been contacted about coming back to connect the white line on the Brownsboro access road where the car was parked when the original striping was done. LG&E fixed the light at the corner of Morningview and Alpena that was broken in the storm. The Morningview sign is also missing at this intersection (Mayor Holsclaw has ordered a new sign). The Dinah Way sign at the Morningview intersection blew off in the storm and needs new brackets to hold it (Mayor Holsclaw picked up the sign and gave it to the Eagle Sign Co. for reinstallation).
BEAUTIFICATION
Commissioner Jay asked about the progress on various signs in the City which are being handled by Eagle Sign Co. Mayor Holsclaw reported that all signs are not yet fixed that were on the project list (Crown Top and Hillvale are still pending). The signs with graffiti at Brownsboro and Coronado have been replaced.
Pansies were planted in the entrance islands on October 7th. Commissioner Jay warned that care should be taken by hired road crews not to salt these flowers.
The landscaped area across from the Church on Brownsboro Road was planted with the oakleaf hydrangeas from the Coronado island and with sea green junipers. Three crabapple trees were removed due to blight. Cherry trees that are immune to blight and are drought resistant replaced them. The area was also mulched.
Commissioner Jay drove through the neighborhood with Kevin from Greenscapes on October 1st. Commissioner Jay paid particular attention to the intersection of Nandina and Foxglove where a resident was concerned about the ornamental grass blocking the view of traffic. Another resident wrote to Commissioner Jay that he is concerned about the height of the grass blocking view of children waiting at a bus stop there. Commissioner Jay stated that the grass will be cut back in the spring. City Engineer Trautwein believes that there is still visibility at the intersection. If there is a bus stop issue, the City could contact JCPS. That intersection only has yield signs. Two other sections in Barbourmeade with similar intersections have stop signs. The Commission considered whether to put stop signs at Nandina and Foxglove to be consistent. Commissioner Jay will talk to the residents to see if the stop signs would ease their safety concerns. The Commission will revisit the issue next month and determine whether or not to remove the grass and/or put stop signs at the intersection.
Holiday décor will be put up after Thanksgiving. A deposit was made to Freda’s Fancy Florist (half of the bill is paid up front and the other half is paid after the décor is taken down).
A light on Easton and Goose Creek was fixed. The light at Brownsboro Road and Brownsboro Vista is still broken but has been reported to LG&E and has yellow tape on it.
Commissioner Jay reported that the resident at 3400 Coronado has still not cleaned up the debris on Coronado or the broken trees on the Brownsboro Rd. right of way belonging to the state (between the resident’s house and the sidewalk). The resident claims that the trees are in a state right of way and are therefore not his responsibility. Commissioner Jay called the State Hwy. Dept. and was told that they will not clean up the damaged trees in the right of way on Brownsboro Rd. as the property owner is obligated to maintain this. The state will only maintain the area up to 15 feet from the center of Brownsboro Rd. (essentially up to the utility poles). Commissioner Jay asked the Commission if a resolution should be sent to all residents informing them of their responsibilities to maintain the rights of ways on their properties (state or city). The resident at 3400 Coronado could then be cited for failure to maintain his property (City Ordinance #16). The Commission discussed whether the City of Barbourmeade should take over the maintenance of the right of way property with the broken trees between the sidewalk and the resident’s house. (Barbourmeade currently maintains the right of ways between Brownsboro Road and the access roads or sidewalk which runs straight across from the access road in the case of 3400 Coronado). If Greenscapes were to remove the broken trees, put in new plantings and mulch, this would cost the City $10-12,000. City Attorney Chauvin stated that the City could take over the maintenance of the right of way under agreement with the resident or the City may ultimately end up in court to determine what should be done about the property. The Commission expressed their concern that if the City takes over the maintenance of this property, it might have to do the same for other residents in a similar situation to be consistent. As for the debris pile, Commissioner Crockett will call Louisville Metro to see if they have established a schedule for pickup at this property (and a property on Morningview as well). The issue of cleanup of the property at 3400 Coronado will then be revisited at next month’s meeting. Other issues to discuss at this resident’s property include the trailer parked on the side yard and the improper blowing of leaves from the property into the Coronado Rd. island.