CITY OF PROSPECT
CITY COUNCIL MEETING
MINUTES
June 20, 2011

(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 Holly Clark; Court Reporter Carola Strijek.    

Mayor Eberle called the meeting to order at 7:01 p.m. 

APPROVAL OF MINUTES:

Council Member Alan Simon moved approval of the minutes of the regular City Council Meeting of May 16,   2011; Council Member Sandy Tucci seconded; passed unanimously.

MAYOR'S REPORT:  

Mayor Eberle noted our current fiscal year financial records reflect 88.4% of budgeted revenues collected and 90.0% of budgeted expenses disbursed, 92% of the way through the calendar of the fiscal year.

The Prospect Parks and Recreation Advisory Committee is working with several Eagle Scout candidates on projects relating to city parks.   One involves the construction and installation of picnic tables in Little Hunting Creek Park.   The tables should be in place by this fall.

On Saturday, June 25 th from 9:00 a.m. until 12:00 noon the Prospect Forestation Board is joining forces with the Parks and Recreation Advisory Committee for a volunteer work day to remove vines which are harming city trees along Timber Ridge Drive near the entrance to The Landings.   Anyone interested in volunteering should contact Parks and Recreation Committee Chair Linda Wardell or Forestation Board Chair Lee Tucci.  

Mayor Eberle asked Council Member Sandra Leonard for an update on Library Committee activities. She reported that financial results from the spring book sale were up from a year ago and the Committee is in the process of putting together a list of Kentucky books, local authors and children's books to be purchased with the proceeds.

Mayor Eberle advised that the resolution of the log jam at the Harrods Creek / U.S. 42 bridge was an excellent example of various levels of government coming together to find a solution to a difficult problem.   The log jam has been removed.   Prospect did not have allocated funds to assist in that effort.   However, the Mayor contacted various other governmental agencies and officials, and through their efforts funding was found through the U.S. Department of Agriculture's Emergency Watershed Protection Program to resolve the situation.   Matching funds for the Department of Agriculture grant were provided through Metro Councilman Kelly Downard's discretionary funds.   The Mayor expressed his appreciation to Metro Councilman Kelly Downard, State representative Bob DeWeese, Congressman, John Yarmuth, and Ted Pullen of Metro Public Works for their combined assistance in resolving the problem.  

Recent changes have been made by the Metro Louisville Council to the Metro Louisville Land Development Code concerning conditional use permits in Jefferson County.   Prospect will need to determine whether they wish to adopt the changes affecting the types of activities which can be conducted in given land use form districts or zoning categories.   Mayor Eberle will be meeting with City Attorney Grover Potts in the near future to prepare a draft ordinance for the Prospect City Council to consider.   It should be ready for first reading and Council review by late summer.

Prospect has recently published a request for bids to provide the City with a four-year contract for waste removal and recycling.   Bid packets were requested by two waste removal/ recycling companies.   Only one of the companies picking up a packet ultimately submitted a bid.   That bid came from the current holder of the contract, Rumpke of Kentucky, Inc.   Mayor Eberle then opened the sealed bid.   Rumpke representative Michael Sweeten was present and stated he was pleased to advise the Council that Rumpke's per-unit bid was lower than the bid from their previous four-year contract with the City.  

POLICE REPORT:

Police Chief Marvin Wilson presented the monthly police report to the Council.   He called attention to an incident where a vehicle had been driven through the rear gate of the Bridgepointe subdivision causing damage to gate arm.   A photo of the car and its license plate was obtained and the case is under investigation.  

Chief Wilson also noted that last year's incident where several individuals were detained by Prospect police regarding a "casing" of Prospect Jewelers.   The City assisted the Federal Bureau of Investigation as well as Tennessee law enforcement authorities and the joint effort resulted in the arrest of an individual who recently pled guilty to several charges.   He has now been sentenced to a ten-year prison term.

Chief Wilson noted that the Prospect Police Department has again received commitments from the Jefferson County Sheriff Office and the Louisville Metro Police Department for assistance with traffic, parking and security for Prospect's 4 th of July Celebration.

COMMENTS FROM CITIZENS:

Mayor Eberle opened the meeting to citizen comments.   A written petition urging the City to reinstate a fireworks display on the 4 th of July was presented to the Council.   Mayor Eberle expressed appreciation for the petition and noted that it could be used as a base of support when planning begins for the 4 th of July 2012.   It was noted that loss of sponsorships and new added costs had brought the estimated expense total for the 2011 fireworks display to around $27,700.   It is hoped that a better financial situation in the coming year will allow for the return of fireworks in 2012.

Additional comments from citizens concerned the schedule for widening of U.S. Highway 42 through the center of Prospect, the desirability of having a five year budget plan, the difficulty of making accurate budgetary predictions, and the status of the City's payment obligations to the Metropolitan Sewer District.  

NEW BUSINESS:

MUNICIPAL ORDER NO.3, SERIES 2011, AN ORDER CONSENTING TO THE NOMINATION OF THE MAYOR FOR A CITIZEN OF THE CITY TO SERVE ON THE CITY OF PROSPECT CODE ENFORCEMENT BOARD.   Mayor Eberle noted that Prospect resident C. Dennis Riggs has accepted nomination to become an Alternate Member of the Prospect Code Enforcement Board.   A Municipal Order has been prepared for Council approval of the nomination.   Motion for approval was made by Council Member Loretta Ertel and seconded by Council Member Alan Simon.   Motion passed unanimously on a voice vote.

UNFINISHED BUSINESS:

The agenda includes Ordinances No. 513, 514 and 515, Series 2011 dealing respectively with the 2011-2012 fiscal year operating budget, the municipal road aid fund, and the ad valorem property tax rate.   They were presented and discussed at two previous City Council Meetings and are now scheduled for second and final reading.  

Council Member Alan Simon gave second reading to: ORDINANCE NO. 513, SERIES 2011: AN ORDINANCE ESTABLISHING A BUDGET FOR THE GENERAL FUND OF THE CITY OF PROSPECT FOR THE FISCAL YEAR BEGINNING JULY 1, 2011 AND ENDING JUNE 30, 2012.   Council Member Loretta Ertel seconded. Discussion followed among all City Council Members.  

Council Member Mike Scott moved the following amendments to Ordinance No. 513.

• Motion to reduce the amount of revenues for Community Events Contributions from $9,000 to $500, reducing the total revenue appropriation from 2,876,200 to $2,867,700.   Seconded by Council Member Sandra Leonard.   Discussion followed.   The motion for amendment was not adopted.   Voting in favor: Sandra Leonard and Mike Scott. Opposed: Loretta Ertel, Stuart Miles, Alan Simon and Sandy Tucci.     
• Motion to delete a redundant reference in revenues to City Property Use Payments which appears listed as a revenue line for $2,000 and later listed as a revenue line for $450.   Discussion followed.   It was noted that the $2,000 revenue listing should be referenced as revenue from Tax Records Requests.   City Attorney Grover Potts noted that this could be clarified and corrected as a typographical error and that the total revenue appropriation of $2,876,200 would not be affected.   It was agreed that the change could be made administratively without amending the budget amounts.   The motion was not seconded and not adopted.    
• Motion to delete the $47,000 revenue line for Sale of Property and Interests in Property

reducing the total revenue appropriation from 2,876,200 to $2,829,200.   Seconded by Council Member Sandra Leonard.   Discussion followed regarding the sources of the anticipated revenues from sale of real estate or interests in real estate.   The anticipated revenues would be subject to negotiations for sale of real estate or interests in real estate.   Discussion followed concerning the likelihood of purchase and sale and the exact amounts which could be anticipated.   The motion for amendment was not adopted.   Voting in favor: Sandra Leonard and Mike Scott.   Opposed: Loretta Ertel, Stuart Miles, Alan Simon and Sandy Tucci.

• Motion to reduce the amount of anticipated revenue for Sale of Property and Interests in Property from $47,000 to $42,000 reducing the total revenue appropriation from $2,876,200 to $2,871,200.   Seconded by Council Member Sandra Leonard.   No discussion followed.   The motion for amendment was not adopted.   Voting in favor: Sandra Leonard and Mike Scott. Opposed: Loretta Ertel, Stuart Miles, Alan Simon and Sandy Tucci.     

Council Member Sandra Leonard moved the following amendment to Ordinance No. 513.

• Motion to increase the expense line for Transfer To Unallocated Reserves from

$50,417 to $100,000 increasing the total expense appropriation from $2,876,200 to $2,925,783, to identify replacement of spent reserves as a significant priority, and to require that income and expenses be reviewed in January 2012 to ensure that a $100,000 transfer can be made.   Seconded by Council Member Mike Scott.   Discussion followed regarding the appropriate amount of reserve funds to be held by the city.   The motion for amendment was not adopted.   Voting in favor: Sandra Leonard and Mike Scott.   Opposed: Loretta Ertel, Stuart Miles, Alan Simon and Sandy Tucci.     

Council Member Sandra Leonard called for the vote on the original motion to adopt Ordinance No. 513, Series 2011 being the General Fund Operating Budget for the City of Prospect for the fiscal year 2011-2012.   The ordinance was adopted on a roll call vote.   Voting in favor: Loretta Ertel, Stuart Miles, Alan Simon and Sandy Tucci.   Opposed: Sandra Leonard and Mike Scott.      

Council Member Alan Simon gave second reading to: ORDINANCE NO. 514, SERIES 2011: AN ORDINANCE ESTABLISHING A BUDGET FOR THE MUNICIPAL ROAD AID FUND OF THE CITY OF PROSPECT FOR THE FISCAL YEAR BEGINNING JULY 1, 2011 AND ENDING JUNE 30, 2012.   Council Member Sandy Tucci seconded. Discussion followed.   The ordinance was adopted unanimously on a roll call vote.  

Council Member Alan Simon gave second reading to: ORDINANCE NO. 515, SERIES 2011: AN ORDINANCE ESTABLISHING AN AD VALOREM TAX RATE FOR THE CITY OF PROSPECT.   Council Member Loretta Ertel seconded. Discussion followed and it was noted that the ordinance does not change the current ad valorem property tax rate for the city.   The ordinance was adopted unanimously on a roll call vote.  

Prospect Police Officer Mike Thomas asked permission to address the City Council and others present.   Referencing the dedication and difficult work on the part of Prospect police officers as well as other city employees, he expressed appreciation for the one and one-half per cent employee raise included in the 2011-2012 fiscal year operating budget which was adopted earlier in the meeting.      

ADJOURNMENT:

There being no further action to come before the Council, Council Member Alan Simon moved to adjourn.   Council Member Loretta Ertel seconded.   Motion passed unanimously on a voice vote.   Mayor Eberle declared the meeting adjourned at 9:05 p.m.  

Respectfully submitted,

Holly Clark
Recording Secretary

Approved:
Todd B. Eberle
Mayor

ATTEST:
Ann R. Simms
City Clerk