CITY OF PROSPECT
CITY COUNCIL MEETING
MINUTES
May 18, 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 Sandra Leonard, Stuart Miles, 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 Loretta Ertel

Mayor Eberle called the meeting to order at 7:03 p.m.  

APPROVAL OF MINUTES:

Council Member Sandra Leonard moved approval of the minutes for the regular City Council Meeting of April 20, 2009; Council Member Alan Simon seconded; passed unanimously.

MAYOR'S REPORT:

     Mayor Eberle noted that his 2009-2010 Fiscal Year Budget proposal has been completed.   He expressed thanks to Council Members Loretta Ertel, Alan Simon and Sandra Tucci who made up the 2009-2010 Budget Committee, as well as City Administrator Ann Simms, Police Chief Marvin Wilson and Deputy City Clerk for Finance Debra Skaggs for their additional assistance with the numerous drafts.   Referencing the current 2008-2009 fiscal year budget, he noted that national economic difficulties have had an effect on governmental revenue at every level and that Prospect is no exception.   Property taxes, Prospect's primary source of revenue, have experienced significant decline in the City for the second consecutive year.   He also noted that the City is experiencing lower than anticipated revenues from interest income and insurance premium tax proceeds.   While our operational costs have increased, the City has made cuts which will keep operating expenditures in line with overall figures set out in the 2008-2009 Budget.   In short; expenditures have been held in check through "belt tightening," but revenues have been in decline.   To address that situation, the new 2009-2010 budget includes a budgeted transfer of $85,000 from reserve funds to balance the shortfall in revenues.   On the expense side, there are twenty-two categories set out in the budget.   For the 2009-2010 Budget, six of those categories were increased, thirteen were decreased and three remained unchanged.   Mayor Eberle noted that he was not able to anticipate significant improvement in our economy over the coming year.   To address that possibility, he is proposing a raise in the insurance premium tax rate for enactment later in the next fiscal year.   The current insurance premium tax rate was last increased nineteen years ago.   If an increase is adopted by the Council, it must be certified to the Kentucky Department of Insurance early in 2010 in order to be communicated to insurance companies in time for the beginning of the 2010-2011 fiscal year.     Thus, if it is felt that an increase is necessary, it would become effective in July of 2010.   Mayor Eberle further noted that there is no proposal to increase the current Prospect ad valorem property tax rate.

The Mayor advised the Council that during a recent five-day period Prospect experienced three major speed- related, multi-car, injury accidents; one of which was a fatality.   This prompted him to renew his request to the Kentucky Department of Transportation for a reduction of the speed limit on U.S. 42 from 45 miles per hour to 35 miles per hour, especially in the   "village center" portion of the road from the Harrods Creek Bridge to Covered Bridge Road (Route 329).   The Department of Transportation declined the request, but the Mayor is continuing his efforts to obtain a reduction.   Council Members Leonard, Simon and Tucci expressed support for the reduced speed limits and suggested increased police patrols to alert drivers of the City's concern for excess speed.  

Mayor Eberle stated that progress has been made on plans for the new access road to the Putney Pond and Woodland property.   Meetings have been held with landowners and a rough survey of the road has been completed.   He also noted that the geotechnical engineer on contract with the city, Construction Solutions, LLC, had recommended that the front concrete portions of the Putney Pond spillway should be repaired.   An estimate has been obtained from T & C Contracting, Inc. of Louisville, the source recommended by the engineering firm.   The estimate for repairs came in at roughly $19,900 and a copy of the proposal was distributed.   Council Member Mike Scott suggested that the engineering firm be asked for any additional recommended sources to conduct the work, and that T & C Contracting be asked for additional breakdowns as to time, expense and material costs.   Mayor Eberle agreed to contact the engineering firm as well as T & C Contracting to obtain further information.   He also noted that the Putney Pond and Woodlands Advisory Committee consisting of Barbara Donoghue, Sharon Dueffert, Lynn Granger, Eric Lehmann, Scott McClinton, Mike Powers, Catherine Wallace, Linda Wardell (chair), and Stuart Miles (Council Liaison) would also be reviewing the proposal.  

POLICE REPORT:

     Police Chief Marvin Wilson presented the Council with the monthly police report.   He noted a fatal accident at The Overlook Condominiums where a resident fell from a third story window.   The incident continues to be investigated.   He commended Officers Haverlin, Price and Thomas for their handling of the incident.   Chief Wilson also commented briefly on a case which had been before the Code Enforcement Board on two occasions.   It was noted that the decision of the Code Enforcement Board in the case had been the subject of a Jefferson District Court filing.   Council Member Leonard noted that she had recently received compliments from new residents regarding police-facilitated neighborhood watch programs as well as the City's e-mail alerts concerning law enforcement and other critical issues affecting residents.  

COMMENTS FROM CITIZENS:

     A resident of the Hunting Creek neighborhood addressed the Council with concerns over increased damage to flowers and gardens caused by deer, and over the feeding of the city's deer populations by many residents.   She also expressed concern over excessive speed by those traveling on Deep Creek Drive.   Mayor Eberle noted that the City would contact the Kentucky Department of Fish and Wildlife to inquire regarding programs or information they may have to help with control of deer populations.   He also noted that increased police patrols and portable speed indicators could be placed along the lower portion of Deep Creek to address speeding.     

NEW BUSINESS:

Council Member Alan Simon gave First 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 gave First 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 Alan Simon gave First Reading to, Ordinance 496, Series 2009:   An Ordinance Levying an Ad Valorem Tax Rate for the City of Prospect.

UNFINISHED BUSINESS:

Mayor Eberle and Council Member Mike Scott gave an update on activities of the Ad Hoc Committee to Review Fence Regulations and Enforcements.   The group is scheduled to meet again in the next week to discuss possible proposed changes to the city's fence ordinance and may have proposals ready for the June City Council Meeting.  

EXECUTIVE SESSION:

Mayor Eberle indicated a need for an Executive Session to discuss possible litigation.   Council Member Alan Simon made the motion to go into executive session; Council Member Sandra Leonard seconded; passed unanimously.   The Council went into Executive Session at 8:09 p.m.

ADJOURNMENT:

Upon return from Executive Session, Mayor Eberle stated that discussions had transpired but no specific decisions had been made by the City Council during the session.    Council Member Alan Simon moved to adjourn; Council Member Sandy Tucci seconded; passed unanimously.  

Mayor Eberle declared the meeting adjourned at 9:00   p.m.

Respectfully submitted,

Ann Melton
Recording Secretary

Approved:
Todd B. Eberle
Mayor

ATTEST:
Ann R. Simms
City Clerk