CITY OF PROSPECT
CITY COUNCIL MEETING
MINUTES
August 16, 2010

(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, Alan Simon and Sandy Tucci; City Attorney Grover Potts; City Administrator Ann Simms; Police Chief Marvin Wilson; Recording Secretary Ann Melton; Court Reporter Rose Mary Kithcart. 

Absent:  Council Member Mike Scott

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 June 21, 2010; Council Member Loretta Ertel seconded; passed unanimously.

MAYOR'S REPORT:

Mayor Todd Eberle noted he was extremely happy to announce that the Harrods Creek Bridge had its ribbon cutting ceremony earlier today and the bridge is officially open. One lane may be closed during non-peak travel times for work on a water main that will be attached to the bridge.   Joining Mayor Eberle for the ribbon cutting were Louisville Metro Mayor Jerry Abramson, Metro Councilman Kelly Downard, State Representative Bob DeWeese, State Senator Ernie Harris, Prospect City Administrator Ann Simms, and Prospect City Council Members Loretta Ertel and Sandra Leonard.   The bridge will be open for the Louisville Ironman Triathlon on Sunday, August 29, 2010.   This will lessen traffic problems and street closures in Prospect for that annual event.   The Sutherland and Innisbrook neighborhoods will still be affected, particularly during the morning hours.   Council Member Loretta Ertel suggested that a City Mail e-mail alert giving detailed information on street closings and times for Sutherland and Innisbrook residents.   Mayor Eberle said that would be done and that the Prospect Police Department will also be delivering informational fliers to all addresses in the areas most affected.  

Mayor Todd Eberle noted that financial reports for the first month of operations in the 2010-2011 fiscal year have been received.   Financial documents have been distributed to Council Members as well as made available to the general public and those in attendance at the meeting.   The first month's figures reflect $101,680 in revenues and $276,100 in expenses.   Property tax receipts have begun to come in recently.   Payments are due on or before Friday, October 1 to avoid late payment penalties.   The annual audit for the 2009-2010 fiscal year will begin in the last week of September.  

During the last regular legislative session, the state legislature passed a bill which required every city to submit a listing of all residential parcel addresses in order to verify voter registration lists.   City Administrator Ann Simms has sent in the lists and accompanying maps for both Jefferson County and Oldham County residential addresses.   Prospect was one of the first cities in the state to comply with the new state law.

The Prospect Mobility Study finalized in February of this year, and later officially adopted by the Prospect City Council, has been submitted to Louisville Metro Planning and Design Services for possible incorporation into the Louisville Metro Land Development Code.   Prospect City Attorney Grover Potts suggested that the Study be incorporated by reference or as an appendix to the Mobility Standards portion of the Metro Land Development Code.   Prospect is awaiting a response from Louisville Metro Planning and Design Services.       

The City has been notified by the Kentucky Transportation Cabinet that no federal funds for Congestion Mitigation/Air Quality (CMAQ) Grants will be released this year.   Therefore, Prospect's application for a CMAQ grant to construct a pedestrian/bicycle shared-use path from the Fox Harbor neighborhood entrance area to City Hall will not be granted.   Mayor Eberle noted that he received notice in time to complete a notice of intent to apply for an alternate source of funding via a state Transportation Enhancement Grant.   The City will continue to pursue funding for the shared-use path under both grant resources over the next year.  

City Administrator Ann Simms continues work on Homeland Security Grant applications.   The mitigation grant request to resolve erosion issues near the Little Hunting Creek culvert area under Timber Ridge Drive has been withdrawn.   Ms. Simms determined that the city is required to document three problematic incidents regarding the area, but her research revealed only two incidents which were able to be documented.   Therefore, the city has dropped its request for the erosion mediation grant.   She remains working on the grant application to fund an emergency generator for City Hall and has recently received a Division of Emergency Management request for additional information in that regard.  

Mayor Eberle noted that private fundraising efforts for the woodland trail bridge at Putney Pond and Woodlands natural area have come within $2,345 of the goal.   He called on Council Member Stuart Miles, Council Liaison to the Putney Pond and Woodlands (PP&W) Advisory Committee, for an update of activities.   Mr. Miles noted that the goal is to wrap up the fundraising by the end of August, in order to start building the bridge and have it completed by October 30 th for the city's Arborfest celebration.   He also noted that volunteers assisted this past weekend with PP&W trail maintenance and improvements.   He was joined in the volunteer effort by Prospect residents Nick Nicholson, Scott McClinton and Scott's sons Matthew and Andrew McClinton.   Mr. Miles acknowledged Putney Pond and Woodlands Advisory Committee Chair Linda Wardell and asked her to give an update on other activities concerning the natural area.   She noted that Prospect resident David Wicks had been working with the Committee and local schools conducting science fair projects to establish a Putney Pond Scientific Research Initiative.   The effort will promote Putney Pond and Woodlands as an area where scientific study can be conducted by local students interested in natural science projects.   An informational meeting will be held on Monday, September 13 at 6:30 p.m. at City Hall for those interested.   A tour of the natural area will be conducted immediately after the meeting.   Council Member Miles also noted that PP&W Advisory Committee member Lynn Granger is working with local Boy Scouts who are interested in Eagle Scout projects involving improvements to Putney Pond and Woodlands.   Three Eagle project proposals are now under consideration by the Committee.

Mayor Eberle acknowledged the presence of Prospect Forestation Board Chair Lee Tucci.   The Forestation Board met last week and began shifting their efforts from public tree wind and ice storm remediation over the past year, to plans for tree plantings in several public areas of the city.   The Board continues to assess needs for treatment of ash trees in public areas to prevent their destruction by the emerald ash borer.   Finally, the Board's third annual Arborfest celebration will be held on the morning of Saturday, October 30 th .   It will include tours of the Putney Pond and Woodlands natural area as well as co-incide with distribution of free flower bulbs on Mayor's Beautiful Day and the last day of the Prospect Library's Fall Book Sale.  

The Prospect Library was featured as the lead article in a recent Neighborhood section of the Louisville Courier-Journal.   Council Member Sandra Leonard, Liaison to the Library Committee, noted that the article increased awareness of our library services as evidenced by the issuance of between 40 and 50 new library cards over the past few weeks.   Mayor Eberle also noted that new "library" signage at the front entrance to city hall had resulted in many residents commenting that they had only recently become aware the Prospect provided library services.        

SPECIAL ORDER:

Mayor Eberle recognized and introduced Kevin Tyler, the new Fire Chief of the Harrod's Creek Fire Department. Chief Tyler was accompanied by current Fire Department Board of Trustees Chair Fred Simon.   Mayor Eberle noted that Chief Tyler was appointed on July 27, 2010 replacing retired Fire Chief Chris Aponte.   Chief Tyler has been in the fire service for 25 years.   He came to Harrods Creek Fire Department initially as a part-time firefighter in Prospect in 2001, was promoted to captain in 2003, and later promoted to division chief of administrative operations.   Chief Tyler thanked Mayor Eberle for the introduction and expressed his appreciation to former Fire Chief Christopher Aponte for his longtime leadership of the Department.   He emphasized the valuable contributions of volunteer fire fighters who assist the operations of the full-time Department staff.   Chief Tyler expressed a desire to make a formal presentation concerning the structure and operations of the Fire Department at a later date.   

POLICE REPORT:

Police Chief Marvin Wilson presented the monthly police report to the Council.   He noted a recent increase in incidents of thefts from entries through open garages both in Prospect and in surrounding areas.   He emphasized that residents should keep garage doors down whenever possible.   Prospect Police have several suspects in the recent garage thefts and hope to make an arrest soon.  

The Prospect Police Department has distributed literature and provided information to residents concerning street closures and traffic interruptions which will occur during the August 29, 2010 Louisville Ironman Triathlon, a segment of which will proceed through the city.   Traffic control for the event will be provided by Louisville Metro Police and the Jefferson County Sheriff's Department.   If residents have questions, they may call the Prospect Police administrative line at 228-1150.

Chief Wilson reminded those in attendance about the Self-Defense Class for Women scheduled for 7:00 p.m., Tuesday, September 14 th at City Hall.   He indicated this would be the seventh time the class was conducted and emphasized the huge success it has been over the years.

COMMENTS FROM CITIZENS:

Prospect resident Roger Hoffman addressed the Council with concern over the parking of vehicles in front yards of residential areas, particularly the parking of vehicles "for sale."   He noted that the city had no ordinance controlling such activity and suggested that the City Council consider enacting an ordinance to prevent it.   Mayor Eberle noted that the current parking ordinance could be amended.   Discussion followed with all Council Members present participating.   Mayor Eberle noted that he will research lawn parking ordinances from other cities and prepare a discussion draft of an ordinance proposal for the next Council Meeting.  

Prospect resident Tina Phillips addressed the Council concerning painting the roof of the city's salt storage structure located at the maintenance area of Hunting Creek Country Club to make the roof less visible to adjacent landowners.   Mayor Eberle advised that bids from commercial painting companies have been obtained to paint the roof of the structure.   He also noted that Hunting Creek Country Club was painting the roofs of their buildings at the maintenance area for the same reason and that the city would try to coordinate painting the salt storage structure with that of the Country Club buildings.     

NEW BUSINESS:

Council Member Alan Simon gave first reading to City Of Prospect Ordinance No. 508, Series 2010:   AN ORDINANCE AMENDING CHAPTER 33 OF THE CODE OF ORDINANCES OF THE CITY OF PROSPECT RELATING TO DEPOSITS.    Mayor Eberle noted the proposed ordinance would allow the city to change the accounting treatment of monies on deposit with the city to secure permit inspections which, for one reason or another, are unable to be returned.   The ordinance was reviewed by the city's accounting firm as well as the city's audit firm.   Both have indicated that no accounting problems would result from enactment of the ordinance.   Inquiries were made by several Council Members requesting clarification regarding the operation of the proposed ordinance.   Discussion followed between Council Members, City Administrator Ann Simms, City Attorney Grover Potts, and Mayor Eberle.    

UNFINISHED BUSINESS:

Mayor Eberle noted that the city had sent three bid requests which resulted in two bids from companies able to paint the fabric top of the city salt structure.   One of the bids received was from a company owned by a neighboring landowner who had asked that the roof be painted.   To protect all persons involved from any concern with possible conflicts of interest, the mayor requested an advisory opinion from the Prospect Ethics Commission as to whether the city should entertain the bid which was received from the company owned by the complainant landowner.   The Ethics Commission has received the request, will meet later in August, and should have a written opinion issued in September.

EXECUTIVE SESSION:

Mayor Todd Eberle and City Attorney Grover Potts indicated the need for an executive session to discuss negotiations for the sale and purchase of real estate.   Council Member Sandra Tucci made a motion to remove to executive session; Council Member Alan Simon seconded. Passed unanimously on a voice vote.   The Council went into Executive Session at 8:13 p.m.   

ADJOURNMENT:

Upon return from Executive Session, Mayor Eberle noted 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 Loretta Ertel seconded; passed unanimously on a voice vote.  

Mayor Eberle declared the meeting adjourned at 9:12 p.m.  

Respectfully submitted,
Ann Melton
Recording Secretary

Approved:
Todd B. Eberle
Mayor

ATTEST:
Ann R. Simms
City Clerk