CITY OF PROSPECT
CITY COUNCIL MEETING
MINUTES
October 19, 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 Lieutenant Dennis Wine; Recording Secretary Ann Melton; Court Reporter Carola Strijek.  

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 September 21, 2009; Council Member Loretta Ertel seconded; passed unanimously.

MAYOR'S REPORT:

Mayor Eberle noted distribution of the city accountant's end-of-first quarter report.   Real property taxes which were due on October 1 will offer a clearer picture of our financial condition for the current fiscal year, and revenue figures for the end of October will be available for the November City Council Meeting.   Mr. William Talley of Richardson, Pennington & Skinner is present for a review of the 2008-2009 annual audit.

Construction on the Harrods Creek Bridge over River Road has resumed after two lawsuits were dropped which had been holding up work on the bridge.   Appreciation was extended to the Louisville Metro Public Works Department for their continued communication and counsel during the period of interruption on bridge work.   Mayor Eberle also expressed relief that the Prospect business community would soon be able to benefit from the re-opening of the bridge.   Depending on weather conditions affecting the construction schedules, the city should be able to count on the bridge being reopened by late spring of 2010.  

A Public Meeting was held on Thursday, October 8 th at the Harrods Creek Fire Department's Prospect Station House.   The crowd of roughly 40 residents heard initial planning results from the Prospect Transportation/Mobility Study and was able to participate in the ranking of priorities for projects which affect connectivity within the city.   A final report on the Study should be released before the end of the year.

Mayor Eberle noted that he along with two members of the Putney Pond and Woodlands Advisory Committee, Linda Wardell and Barbara Donoghue, attended the Kentucky Heritage Land Conservation Fund workshop on October 12 th at Beargrass Creek State Nature Preserve in Louisville.   Guidelines and standards for trails, controls of invasive species, and other topics useful to the city's work on Putney Pond and Woodlands Natural Area were addressed.  

Mayor Eberle advised the Council of the City's purchase of two hybrid police patrol cars.   The Ford Escape hybrids have been delivered and are in the process of being painted and equipped.   Prospect is the first city in Kentucky to utilize hybrid vehicles as police patrol cars and one of the first cities in the nation to do so.   The new cars should reduce fuel consumption expense and contribute to a reduction of air pollution locally.  

Four community events are planned for the month of October.   The 12 th Annual Pun'kin Paint'in Celebration will be conducted at Cowley Park Open Space on Sunday, October 25, from 2:30 to 5:00 p.m.   The Falk Reading Center's Fall Book Sale starts this Thursday, October 29 at City Hall and runs through Saturday, October 31.   The Prospect Forestation Board's 2 nd Annual Arborfest and the City's annual Mayor's Beautiful Day will also be held on October 31 at the Little Hunting Creek Park area just north of the City Hall parking lot.   Arborfest will feature the planting of an historic gingko tree donated by Harry and Doris Hardin as well as distribution of the City's new Street Tree Selection and Care brochure and consultations on urban forestry conducted by Robert Bean, Chief Forester of the Central District for the State Division of Forestry.   Mayor's Beautiful Day will feature free distribution of alliums bulbs for fall planting and the announcement of the winner of the Prospect's First Annual City Beautification Awards.  

POLICE REPORT:

Police Lieutenant Dennis Wine presented the Council with the monthly police report and statistics.   He noted that the Police Department had one felony with entry to a pool house on Timber Ridge Drive.   He noted the efforts of the City and various homeowner associations to organize neighborhood block watches.   Several new such organizations are being developed including a recent block watch in the Innisbrook Subdivision.  

Discussion among the Council Members took place regarding comparative police statistics from this year to the past year including increases in radio dispatched runs and the number of house watches.   

SPECIAL ORDER - ANNUAL INDEPENDENT AUDIT:

Mayor Eberle introduced William Talley, CPA, of Richardson, Pennington & Skinner PSC.   Mr. Talley noted that the city's finances from the 2008-2009 fiscal year reflected reduced revenues, expenses in line with budget, no long term debt, a reduction in cash due to the purchase of the Putney Pond and Woodlands property, and an increase in net assets also resulting from the purchase of Putney Pond and Woodlands - which converted cash assets to property assets on the city's balance sheet.   The conversion of cash assets to real estate assets results in reduced flexibility, though with 97% ownership of assets the City is well positioned should it be necessary to incur debt.   He reported that reductions in property tax revenues and interest income revenues resulted in a net loss for the operating budget for 2008-2009, though the City still remains in a relatively strong financial position.   Discussion followed among Council members regarding the necessity to dip into reserve funds to cover either operating expenses or unbudgeted special expenses in the coming year.   In closing, Mr. Talley expressed specific thanks to Deputy City Clerk Deborah Skaggs and City Administrator Ann Simms for their promptness and overall professionalism in responding to requests made during the audit process.    

COMMENTS FROM CITIZENS:

No comments were received from citizens, though Mayor Eberle acknowledged the presence of Susan and Nick Nicholson who were attending as observer representatives of the Fox Harbor Neighborhood Association.

NEW BUSINESS:

Mayor Eberle explained that an observation of the Prospect Ethics Commission found that the Prospect Ethics Ordinance states conflict of interest disclosure forms required of city employees, appointed and elected officials, and candidates for local political office are not subject to disclosure.   It was noted that this is in conflict with the Commonwealth of Kentucky's statute addressing ethics commissions.   Therefore, the Prospect Ethics Commission is proposing an amendment to the existing Prospect ordinance.    

Council Member Alan Simon gave first reading to ORDINANCE 501, SERIES 2009: AN ORDINANCE AMENDING CHAPTER 38 OF THE CODE OF ORDINANCES TO THE CITY OF PROSPECT RELATING TO ETHIC DISCLOSURE FORMS.

UNFINISHED BUSINESS:

Council Member Loretta Ertel moved second reading for ORDINANCE 499, SERIES 2009:   AN ORDINANCE AMENDING CHAPTER 152 OF THE CODE OF ORDINANCES OF THE CITY OF PROSPECT RELATING TO STANDARDS APPLYING TO FENCES.   Seconded by Council Member Simon.   After discussion, it was suggested that the proposed ordinance be tabled for further consideration at a later time.   Council Member Sandy Tucci moved to table Ordinance 499; Council Member Stuart Miles seconded; passed unanimously.   Mayor Eberle noted that the Ad Hoc Committee to Review Fence Regulations and Enforcements would currently remain as appointed earlier in the year.      

EXECUTIVE SESSION:

Mayor Eberle and City Attorney Grover Potts indicated the need for an Executive Session to discuss possible litigation.   Council Member Alan Simon made a motion to remove to executive session; Council Member Sandra Leonard seconded; passed unanimously.   The Council went into Executive Session at 7:50 p.m.    

ADJOURNMENT:

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

Mayor Eberle declared the meeting adjourned at 8:23 p.m.  

Respectfully submitted,
Ann Melton
Recording Secretary

Approved:
Todd B. Eberle
Mayor

ATTEST:
Ann R. Simms
City Clerk