CITY OF PROSPECT
CITY COUNCIL MEETING
MINUTES
June 15, 2009

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

PRESENT:

Mayor Todd Eberle; Council Members Loretta Ertel, Sandra Leonard, Mike Scott, Alan Simon, and Sandra Tucci; City Attorney Grover Potts; City Administrator Ann Simms; Chief Marvin Wilson;   Recording Secretary Ann Melton; Court Reporter Bruce Handy.  

Absent:     Council Member Stuart Miles

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 May 18, 2009; Council Member Loretta Ertel seconded; passed unanimously.

MAYOR'S REPORT:

Mayor Eberle noted the accountant's report for the past month was included in the packets distributed to the Council.   Property tax collections continued to reflect a shortage for the year; though the efforts of Deputy City Clerk for Finance, Debra Skaggs, in sending timely delinquency notices and filing liens has seen collections increase over the past two months.   Interest income continues to reflect shortages.   Insurance premium tax proceeds will depend on the fourth quarter payments and final results will be reflected after the 2008-2009 fiscal year audit.   Storm damage expenses will be partially reimbursed by the Federal Emergency Management Agency (FEMA).   Those monies will also be reflected in the 2008-2009 audit.   He noted that City Administrator Ann Simms had worked many hours on our FEMA reimbursement request and Prospect was one of the first three cities in the region to file a claim.   Being one of the first cities to file should suggest that we will be among the first in line for reimbursement.

The Ad Hoc Committee on Fence Regulations and Enforcements has met several times in recent weeks.   They have developed two proposed ordinances for consideration by the Council and the public.   Mayor Eberle commended the Committee for their work on identifying problem areas and suggesting proposals to remedy various issues.   He thanked Council Members Loretta Ertel and Mike Scott, City Administrator Ann Simms, Police Chief Marvin Wilson and Director of Maintenance Ron Cundiff for their work on the Committee.  

Mayor Eberle noted that the city has finalized nearly all arrangements for the city's Sixteenth Annual 4 th of July Celebration.   Council Member Alan Simon is once again serving ably as chair of the event.   The financial support of our three prime sponsors: Republic Bank, the Businesses of Prospect Point, and Dairy Queen in addition to fifteen supporting sponsorships from other local businesses have guaranteed that the event will contain all the features of last year.   He noted many other cities in the region had scaled back Independence Day celebrations, but the generosity of our local sponsors prevented cutbacks for Prospect.  

The Prospect Forestation Board along with a group of volunteers recently concluded a re-inventory of public trees updating the information collected last summer.   A re-inventory was necessary in order to assess the damage from the September wind storm and the January ice storm.   The information will be used to set priorities for the coming year in the care and management of trees in the city.  

POLICE REPORT:

Police Chief Marvin Wilson presented the Council with the monthly police report.   He noted recent car break-ins around the Gunpowder Lane, Cannonade Court and Fox Harbor Road areas.   He again suggested that all residents make a concerted effort to keep vehicles garaged if at all possible, to remove valuables from autos, and keep all vehicles locked when they are not able to be garaged.   Chief Wilson noted success in apprehending a suspect who was engaged in the theft and fraudulent use of credit cards.   He commended Officer Mike Thomas and Elgin Price for their work on the investigation of that offense.  

COMMENTS FROM CITIZENS:

Resident owners of property adjacent to Putney Pond and Woodlands Bruce Smith and Sally Ann Greenfield addressed the Council to convey concerns over the proposed access road to Putney Pond and Woodlands.   The proposed road would cross one end of their property.   They noted that they had met on several occasions with the Mayor as well as the engineering firm working on the design of the road.   Several alternative plans have been discussed, but the property owners are not in agreement with alternatives proposed to date.   Discussion followed among several landowners and members of the Council.   Councilmember Sandra Leonard noted that she had walked the area and discussed the plans with landowners as well as representatives of the engineering firm.   Mayor Eberle stated that the city would continue to work with the landowners and the engineering firm to reach agreement as to a specific location for the access road.   Once the access road is completed, the one-lane road leading into the property from U.S. Highway 42 would be closed to vehicular traffic.   That road would become a pedestrian-bicycle path which would run across the earthen dam and the pond spillway.   The Putney Pond and Woodlands Advisory Committee are also reviewing access road alternatives as well as several other issues regarding the area.   

Prospect resident Robert Westerman addressed the Council concerning proposed Ordinance 497, Series 2009 regarding fences. He also noted that he had been cited under the current fence ordinance regarding the need for a fence permit, the location of a fence on his property and the material used to construct the fence.   Discussion followed.   It was noted that the ordinance violation was pending and would come before the Prospect Code Enforcement Board at their meeting on June 24 th .   It was also indicated that Mr. Westerman's concerns would be noted in the discussion and consideration of proposed Ordinance 497, Series 2009 which is to be placed on the agenda for second reading at the July 20 th City Council Meeting.  

UNFINISHED BUSINESS:

Council Member Alan Simon gave SECOND READING to ORDINANCE 494, SERIES 2009:   AN ORDINANCE ESTABLISHING A BUDGET FOR THE GENERAL FUND OF THE CITY OF PROSPECT FOR THE FISCAL YEAR BEGINNING JULY 1, 2009 AND ENDING JUNE 30, 2010.   Council Member Sandra Tucci seconded.   Mayor Eberle noted the ordinance reflected a balanced budget for the coming fiscal year in the amount of $2,832,276 and that approximately $85,000 was included on the revenue side as a transfer from reserves.   The ordinance was approved 5 to 0 on a roll call vote.

Council Member Sandra Tucci gave SECOND READING to ORDINANCE 495, SERIES 2009:   AN ORDINANCE ESTABLISHING A BUDGET FOR THE MUNICIPAL ROAD AID FUND OF THE CITY OF PROSPECT FOR THE FISCAL YEAR BEGINNING JULY 1, 2009 AND ENDING JUNE 30, 2010.   Council Member Loretta Ertel seconded.   Mayor Eberle noted the ordinance anticipated $100,000 in expenditures for road construction and paving for the coming fiscal year with an anticipated ending balance of $131,890.   The ordinance was approved 5 to 0 on a roll call vote.

Council Member Alan Simon gave SECOND READING to ORDINANCE 496, SERIES 2009:   AN ORDINANCE LEVYING AN VALOREM TAX RATE FOR THE CITY OF PROSPECT.   Council Member Loretta Ertel seconded.   Mayor Eberle noted the tax rate of 21.25 cents per $100 of assessed property valuation would remain the same as in past years. The ordinance was approved 5 to 0 on a roll call vote.

NEW BUSINESS:

Council Member Loretta Ertel gave FIRST READING to ORDINANCE 497, SERIES 2009: AN ORDINANCE AMENDING CHAPTER 152 OF THE CODE OF ORDINANCES OF THE CITY OF PROSPECT RELATING TO STANDARDS APPLYING TO FENCES.

Council Member Loretta Ertel gave FIRST READING to ORDINANCE 498, SERIES 2009: AN ORDINANCE AMENDING CHAPTER 90 OF THE CODE OF ORDINANCES OF THE CITY OF PROSPECT RELATING TO DEER.

            Councilmember Mike Scott inquired about turn lane lighting at entrances to several subdivisions as well as trees and shrubbery encroaching upon roadways in various parts of the city.   Mayor Eberle noted that maintenance personnel or night shift police officers could check on outages for turn lane lighting.   Landowners could be contacted regarding trees and shrubs along roadways and for public areas.   The city's contract landscaping company along with the Prospect Forestation Board could also address trees and shrubs extending into the roadway.   It would help to facilitate the process if specific addresses or locations can be identified.  

ADJOURNMENT:

Council Member Alan Simon moved to adjourn; Council Member Sandra Leonard seconded; passed unanimously.

Mayor Eberle declared the meeting adjourned at 8:15 p.m.

Respectfully submitted,

Ann Melton
Recording Secretary

Approved:
Todd B. Eberle
Mayor

ATTEST:
Ann R. Simms
City Clerk