CITY OF PROSPECT
CITY COUNCIL MEETING
MINUTES
December 14, 2009

(A complete transcript of this meeting is available at City Hall and on the City's Web Site, http://www.prospectky.com )

ATTENDANCE:                                                                                                                    

Present: Mayor Todd Eberle; Council Members Loretta Ertel, Sandra Leonard, Stuart Miles, Mike Scott, Alan Simon, and Sandra Tucci; City Attorney Grover Potts; City Administrator Ann Simms; Police Chief Marvin Wilson; Recording Secretary Ann Melton; Court Reporter Rose Mary Kithcart.

Mayor Eberle called the meeting to order at 7:00 p.m.  

APPROVAL OF MINUTES:

Council Member Alan Simon moved approval of the minutes of the regular City Council Meeting of November 16, 2009; Council Member Loretta Ertel seconded; passed unanimously.

MAYOR'S REPORT:

Mayor Eberle noted that due to the early date of this month's Council Meeting, the city does not have the accountant's figures for the end of November.   The financial report distributed is based upon internal records of the city.   The percentage of budgeted revenues received is ahead of the percentage of budgeted expenses disbursed.   This is the result of real property taxes being due on October 1 st .   An updated financial report including any changes made by the accountant will be mailed to all Council Members later in December.

The Kentuckiana Regional Planning and Development Agency grant for the Prospect Comprehensive Transportation Study, also known as the Prospect Mobility Study, is near completion.   A draft study has been delivered to the city and a copy of the report (not including exhibits) has been distributed to all Council Members and City Hall Executive Staff.   Mayor Eberle encouraged Council Members to read the draft report and send any comments, corrections or observations to either Tom Springer or Doug Heberle at Qk4 Engineering in Louisville.  

Mayor Eberle stated that he was very pleased to announce the proposal for elimination of public transportation to the city of Prospect by The Transit Authority of the River City (TARC) has been rescinded.   He received notice on Friday, December 11 th from TARC Executive Director Barry Barker that both routes 59 and 68 Express will be left unchanged, though further study of those routes may occur in the future.   Mayor Eberle noted that Council Member Loretta Ertel and he attended the public hearing on route eliminations and presented the city's concern over the elimination of service.   A group of regular TARC riders from the Prospect area also presented a petition urging that the routes be retained.   Mayor Eberle expressed his appreciation to TARC for their response to the city's concerns and encouraged those who use TARC to and from Prospect to continue their ridership and express their appreciation for retaining public transportation service for Prospect, northeast Jefferson County and north Oldham County.  

Light Up Prospect 2009 was held on Friday, December 4 th at the Cowley Park Open Space.   Despite cold weather, it was very well received with "Frosty" arriving just in time to greet the children and hear about their plans for the holiday season.   Most everyone took advantage of horse drawn carriage rides and the opportunity to socialize.   Mayor Eberle thanked everyone who worked to make the event a clear success.

            The 2010 City of Prospect Calendar is now available and will be in the mail shortly.   It has improved each year and has grown in popularity as an informative and attractive resource to keep residents advised of events, official meetings, city deadlines, waste pickup alterations, city hall closings, holidays and special observances.   Mayor Eberle noted that it serves as an excellent communication tool between the city, its residents and its businesses.   He thanked Ann Simms who handled the photography, Ron Cundiff who did the layout and Ann Melton who confirmed dates and special events.       

Mayor Eberle noted that the Prospect Forestation Board met earlier this evening.   Discussion was had regarding the Bridgepointe neighborhood where the Homeowner's Association is working on changes to city medians and islands.   Application for Prospect's annual renewal of Tree City USA status has been completed and the Forestation Board is also submitting an entry for a possible Tree City Growth Award through the Kentucky Division of Forestry.  

The Putney Pond and Woodlands Advisory Committee has been very active.   City Council Liaison Stuart Miles along with several volunteers have worked extensively on improvement of the trails.   Estimates have been obtained for a possible bridge across a ravine along the trail near the Fox Valley Road entrance.   Stuart Miles is talking to several sources who may have an interest in contributing to funds for the bridge.   A boardwalk across the wetlands portion of the property is being investigated.   The necessary repairs to the spillway area on the pond dam have been completed and the area has been secured.       

POLICE REPORT:

Police Chief Marvin Wilson presented the Council with the monthly police report.   He noted that two Ford Escape Hybrid patrol cars have been delivered and the Department is in the process of moving patrol car equipment from the old Ford Crown Victorias to the new cars.   More efficient LED light bars are being used which will drawn less electric power and provide brighter, more visible patrol lights.   He noted that the Department was pleased to be the first Police Department in Kentucky to utilize hybrid vehicles as patrol cars.  

Chief Wilson noted that several individuals who were involved in November burglaries

and vandalism incidents have plead guilty.   The adult suspect has plead guilty and has been sentenced to six months in jail.   Efforts are underway to charge an additional juvenile in the case.   Restitution will be sought for all those charged concerning the burglaries, the damage to property and the vandalism.   He expressed his appreciation to Officers Marianne Haverlin and Heather Loeser for their investigation and pursuit of this case.

            Chief Wilson indicated that the Department is working with the Jeffersontown Police Department and federal Postal Inspectors in a series of theft and alteration of checks cases.   Cancelled checks were stolen, "washed" and rewritten.   Several were cashed and the Police Departments are working with the banking institutions concerning the investigation.     

            Council Member Simon inquired concerning several complaints he has received about speeding arrests.   Chief Wilson noted that the officers try to balance the number of arrests versus warnings which they issue and that their goal is to change behavior rather than pull drivers into court.  

            Council Member Miles inquired about recent destruction of mailboxes in the Fox Harbor Neighborhood.   Chief Wilson noted that they had investigated and felt that the vandalism was done by juveniles, possibly residents of the city.  

COMMENTS FROM CITIZENS:

There were no comments from citizens or members of the general public.

NEW BUSINESS:

Mayor Eberle noted that previous discussions about the need to retain the option of a change in the city's insurance license fees / insurance premium tax suggested that the Council consider a possible first reading of an ordinance addressing that issue.   Any action with regard to the insurance license fee / tax would have to be certified to the Kentucky Department of Insurance on or before March 19, 2010 in order to be effective in the 2010-2011 fiscal year.   If not addressed by that time, the next time to consider any change would come in March of 2011 to be effective in the 2011-2012 fiscal year.   An ordinance was distributed with a blank percentage change clause.   Mayor Eberle noted that the Prospect's current rate is five percent.   The rate in neighboring Oldham County (outside those residences situated in Prospect) is ten percent.   For discussion purposes Council Member Tucci proposed that the rate be increased by three percent, thus making the full rate eight percent, and gave first reading to ORDINANCE NO. 503, SERIES 2009: AN ORDINANCE AMENDING CHAPTER 113 OF THE CODE OF ORDINANCES OF THE CITY OF PROSPECT RELATING TO INSURANCE COMPANY LICENSE FEES AND ADMINISTRATIVE PROCEDURES.   Discussion followed with all Council Members participating.    

UNFINISHED BUSINESS:

Mayor Eberle stated that the agenda included notice of a second reading for ORDINANCE NO. 502, SERIES 2009: AN ORDINANCE AMENDING THE BUDGET FOR THE GENERAL FUND OF THE CITY OF PROSPECT FOR THE FISCAL YEAR BEGINNING JULY 1, 2008 AND ENDING JUNE 30, 2009 SO AS TO REFLECT THE RESULTS OF THE CITY'S ANNUAL INDEPENDENT AUDIT.   He observed that this ordinance is not required by law but has been traditionally introduced following receipt of the final audit for the previous fiscal year.   Discussion ensued with questions being raised about specific numbers and line item references.   It was decided to continue second reading of the proposed ordinance until a later Council Meeting after confirming final numbers through the city's independent auditors.    

ADJOURNMENT:

Council Member Alan Simon moved to adjourn; Council Member Loretta Ertel seconded; passed unanimously.   Mayor Eberle declared the meeting adjourned at 8:32 p.m.    

Respectfully submitted,
Ann Melton
Recording Secretary

Approved:
Todd B. Eberle
Mayor

ATTEST:
Ann R. Simms
City Clerk