CITY OF PROSPECT
CITY COUNCIL MEETING
MINUTES
September 20, 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, Mike Scott, Alan Simon and Sandy Tucci; City Attorney Grover Potts; City Administrator Ann Simms; Police Chief Marvin Wilson; Recording Secretary Debra Skaggs; 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 August 16, 2010; Council Member Stuart Miles seconded; passed unanimously.

MAYOR'S REPORT:

Mayor Todd Eberle reported that financial reports through mid September have been distributed to the Council as well as made available to those in attendance at the meeting and the general public.   The city's current fiscal year financial records reflect $531,800 in revenues and $476,600 in expenses.   Property tax receipts are continuing to be received.   Payments are due on or before Friday, October 1 to avoid penalties.   The annual audit for the 2009-2010 fiscal year is scheduled to begin the week of September 20th.    

Prospect has not heard from Louisville Metro Planning and Design Services regarding the possible inclusion of the Prospect Mobility Study in the Louisville Metro Development Code.   It is hoped that the study can be incorporated by reference or as an appendix to the Mobility Standards portion of the Metro Land Development Code.         

City Administrator Ann Simms noted that she is progressing in her efforts for a Homeland Security Grant to fund an emergency generator system for City Hall.   The Kentucky Division of Emergency Management is the state agency administrating the grant application and award process.  

Mayor Eberle announced that private fundraising has reached its stated goal for the woodland loop trail bridge at Putney Pond and Woodlands.   Work on the bridge will begin in the next few weeks.   The bridge will be unveiled at Prospect's 3 rd Annual Arborfest on the morning of Saturday, October 30 th .   Putney Pond and Woodlands Advisory Committee members will provide personalized tours.   The Mayor called on Committee Chair Linda Wardell and Council Liaison to the Committee Stuart Miles for additional updates.   Ms. Wardell expressed appreciation to everyone who had contributed financially to the bridge project.   She noted further that the Putney Pond and Woodlands Science Fair Initiative for local middle and high school students is underway.   Prospect resident David Wicks is coordinating the effort and thirty-eight students attended the recent organizational meeting on September 13 th at City Hall.   Nineteen students have already committed to conducting their school science projects at Putney Pond and Woodlands.   Mentors for the students will be registering through the individual schools.   As projects are completed, students will be invited to present their findings to City Council.   Copies of the written reports will be placed in the Prospect Library for public access.   Ms. Wardell also advised the Council that several Eagle Scout Projects are being proposed for the Putney Pond and Woodlands Natural Area.   Council Member Stuart Miles noted Eagle Scout Projects proposed to date include several small foot bridges, benches for outdoor classrooms, and kiosks at entrance areas for display of maps and to provide general information.  

The Prospect Forestation Board recently conducted a re-inventory of ash trees in public areas to assure that ash trees on city lands be treated to prevent infestation by the emerald ash borer.   The Kentucky Division of Forestry's Urban Forester Peter Barber assisted Forestation Board Chair Lee Tucci, Board Member Greg Huelsman, and Prospect resident Randall Holub in the reassessment process.   Mayor Eberle asked Board Chair Lee Tucci to report on other recent activities.   Mr. Tucci noted that several ash trees were identified as having significant damage from wind or lightning and the advice of a local professional arborist was being sought to determine the need for possible removal.   He also encouraged all residents to attend the Saturday, October 30 th Arborfest at City Hall where information on the emerald ash borer will be provided along with an opportunity to consult with personnel from the Kentucky Division of Forestry on a variety of tree-related issues.   The event will coincide with Mayor's Beautiful Day with distribution of free daffodil bulbs; the last day of the Prospect Library Book Sale; and guided tours of the trails at Putney Pond and Woodlands.   

Finally, Mayor Eberle encouraged all residents to attend the city's 13 th Annual Pun'kin Paint'n Celebration on Sunday, October 24 th from 2:30-5:00 p.m. at Cowley Park Open Space.             

GUEST CANDIDATES FOR PUBLIC OFFICE:

Several candidates for political office appeared before the City Council to present their qualifications for the general election on Tuesday, November 2, 2010.

Kentucky State Senate Candidate John Black introduced himself to the members of the Council.   He is running as a candidate for the 26 th Kentucky Senatorial District, and has served in the past as Mayor of LaGrange, Kentucky.  

Jefferson District Court Judge Katie King introduced herself to the members of the Council.   She is running for re-election to Jefferson District Court, Division 16.

City Council Candidate Francis Fulcher introduced himself to the members of the Council.   He is running as an at-large candidate for a seat on Prospect City Council.

POLICE REPORT:

Police Chief Marvin Wilson presented his monthly police report and statistics to the Council.   Recent arrests involved a forgery case where the defendant was convicted and received a two year sentence.   Another case involved a father and son team stealing lawn equipment from lawn service vehicles.   They were each convicted and received suspended sentences of three years.  

The Police Department's Self-Defense Class for Women was held at City Hall on Tuesday, September 14 th .   Police Officers Mike Thomas and Pat Timmons conducted the class.   Twenty-one women attended and all expressed appreciation for a high-quality instructional experience.   

Officer Mike Thomas recently completed a special training on "Financial Crime Investigations" offered by the National Crime Prevention Institute at the University of Louisville.   This will assist the Department in the efficient handling of financial crime investigations, relatively common in the Prospect area.    

The Louisville Ironman Triathlon, a portion of which was routed through Prospect, went very smoothly this year.   Prospect Police distributed street closing information to residents' homes in portions of the city most significantly affected.       

On Friday, September 24 th the Department will participate in a "Transportation Day" event for pre-school children at St. Francis in the Fields Episcopal Church where representatives of various public agencies will have vehicles on display.   Officer Elgin Price will represent the Department and display one of Prospect's new Ford Escape Hybrid police patrol cars.  

Council Member Alan Simon inquired about the presence of banners at a local business which appear to violate the Prospect sign ordinance.   Police Chief Wilson advised that the Department would look into the matter.

NEW BUSINESS:

Council Member Alan Simon gave first reading to an amended version of 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 that the ordinance relates to accounting treatment of funds on deposit with the city received in conjunction with the issuance of permits.   The ordinance had received a first reading at the August 2010 City Council Meeting where several concerns were expressed about specific wording.   The current version of the ordinance is amended to address those concerns.   Discussion ensued with several Council Members offering comments and questions.   Deputy City Clerk for Finance Debra Skaggs provided information regarding the process of permit application, deposits made, and returns of deposited funds.   Mayor Eberle noted that additional changes may yet need to be made to the proposed ordinance and it should be discussed further at the October 18, 2010 City Council Meeting.  

Mayor Eberle referred Council Members to ordinances he provided in rough format which address the parking of vehicles on front yards of residential properties, and the parking of vehicles displaying for-sale signs.   The drafts were developed in response to a citizen's comment from the August City Council Meeting. Discussion followed.   Mayor Eberle asked members of the Council to provide him with additional comments on the draft ordinances.  

Council Member Mike Scott expressed appreciation for the financial information provided by the City which he stated was presented in a clear and understandable format.   

UNFINISHED BUSINESS:

Mayor Eberle noted that the Prospect Ethics Commission met on August 23 rd to consider possible conflicts of interest regarding bids to paint the roof of the city's salt structure.   The Commission issued a written advisory opinion which was distributed to members of the Council.   The opinion noted no conflict of interest problems.   The city will now reassess all bids in light of the opinion and proceed with painting.  

EXECUTIVE SESSION:

Mayor Todd Eberle and City Attorney Grover Potts indicated a need for an executive session to discuss negotiations for the sale and purchase of real estate.   Council Member Alan Simon made a motion to remove to executive session; Council Member Loretta Ertel seconded. The motion was passed unanimously on a voice vote.   The Council removed to Executive Session at 8:05 p.m.   

ADOPTION OF RECOMMENDATIONS FROM EXECUTIVE SESSION:

Upon return from Executive Session, City Attorney Grover Potts stated that discussions had occurred regarding the purchase of real estate to provide land for a short access roadway from Timber Ridge Drive to the city-owned Putney Pond and Woodlands natural area and, after the receipt of independent appraisals, the Council is prepared to recommend that a specific proposal be made.   The recommendation was stated by City Attorney Grover Potts that the City of Prospect purchase land from Bruce Smith and Sally Ann Greenfield to allow for the construction of an access roadway to the city-owned Putney Pond and Woodlands natural area for the established appraisal amount of $47,370 and that documents concerning acquisition of the property would provide that all trees six inches or more in diameter removed from the real estate during the construction of the access roadway would remain in the ownership of the sellers and be placed on their land adjoining the purchased property.   A motion to adopt the recommendation as stated was made and seconded.   Mayor Eberle asked for discussion or comments.   The motion to adopt the recommendation as stated was adopted unanimously on a roll call vote.    

ADJOURNMENT:

There being no further action to come before the Council, Council Member Sandra Leonard moved to adjourn.   Council Member Loretta Ertel seconded.   Motion passed unanimously on a voice vote.   Mayor Eberle declared the meeting adjourned at 8:39 p.m.  

Respectfully submitted,
Debra Skaggs
Recording Secretary

Approved:
Todd B. Eberle
Mayor

ATTEST:
Ann R. Simms
City Clerk