CITY OF PROSPECT
CITY COUNCIL MEETING
MINUTES
February 16, 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 Loretta Ertel, Sandra Leonard, Stuart Miles, Mike Scott, and Alan Simon; City Attorney Grover Potts; City Administrator Ann Simms; Police Chief Marvin Wilson; Recording Secretary Debra Skaggs; Court Reporter Bruce Handy.   Absent:   Council Member Sandy Tucci.

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 January 12, 2009; Council Member Sandra Leonard seconded; passed unanimously.

MAYOR'S REPORT:

Mayor Eberle noted that the January 27 -28, 2009 ice storm posed many challenges to the entire region, but City Hall remained open through the storm and the recovery period.   Prospect's initial priorities were:   1) to open streets and roads for safe passage of citizens; 2) to assure access to emergency services for all citizens should they be needed; and 3) to restore electric power quickly for as many citizens as possible.   The emergency planning efforts resulted in Prospect being as well or better prepared than any small city in the region to handle the storm.   A large emergency generator was delivered to city hall immediately and the expense was picked up by the city's "continuous operations" insurance which the Kentucky League of Cities provides to members at no charge.   The City's back-up phone system allowed continual contacts between citizens and city government.   Mayor Eberle noted that he was pleased to be able to maintain immediate, executive level, cooperation and communications with emergency assistance resources including Louisville Gas & Electric, the city snow removal contractor, and the Harrods Creek Fire Department; all of whom worked around the clock to ease the difficulties brought on by the storm.   The Police Department and all city hall staff worked diligently to assist with the recovery process.   After the initial priorities were secured, the early cleanup efforts were conducted by the city's waste hauler who agreed to send in special trucks to pickup up storm debris which qualified under their contractual requirements for "yard waste."   The City also applied for and received two dumpsters from Louisville metro to which Prospect residents could bring debris.   The dumpsters were provided for a three day period.   One was located in the east city area in the city hall parking area and another was located in the west city area near the Bridgepointe subdivision clubhouse.   Later in the week Louisville Metro opened their Hubbards Lane Public Works Facility near Prospect for several days of debris drop off.   Long term efforts for debris pickup will be conducted by Louisville Metro crews over the coming weeks.   Metro has divided Jefferson County into quadrants and streets are assigned section numbers.   After the September 14 th windstorm, Metro started with the lowest section number and moved to the highest.   In fairness, Metro is reversing that schedule for this storm.   With most of Prospect in section E-3, we will be near the end of the final Metro pickups.   Prospect has completed a Request For Public Assistance filing with the Federal Emergency Management Agency (FEMA) to assist with the expense of storm recovery and restoration efforts.  

Residents and landowners of properties in the "Prospect Cove" area, which was the subject of the annexation lawsuit recently decided against the City were sent a letter on February 12, 2009 advising them that they will no long be receiving Prospect City services.   Landowners will no longer be assessed property taxes for that area.  

Mayor Eberle noted that the financial records for the city at the end of the second quarter indicate that 71% of budgeted revenues have been collected and 45% of budgeted expenses have been disbursed.   The city anticipates revenue shortfalls in both property tax income and interest income at the conclusion of the fiscal year.  

The City has received informal notice of its certification as a "Tree City USA" by the National Arbor Day Foundation and the National Association of State Foresters.   Formal recognition of the certification will be made in an award ceremony at the State Arbor Day Celebration in Shelbyville, Kentucky on April 3, 2009.   Prospect is the only new city in Kentucky which will receive Tree City certification in 2009.   Mayor Eberle thanked all those who worked so diligently over the past two years to attain this award.  

Mayor Eberle also noted that the certificate confirming the location of the State Champion Kentucky Coffee Tree in Prospect is now framed and proudly displayed in the lobby of city hall.  

Mayor Eberle noted that a "city permit review committee," comprised of City Administrator Ann Simms, Deputy City Clerk Debra Skaggs, Police Chief Marvin Wilson, and he, has been holding meetings to review the city permit process and the ordinances which support each of the city permits.   It is anticipated that an omnibus ordinance revision will be proposed to coordinate the permit process more effectively, as well as increase many permit fees, will be ready for City Council consideration this summer.  

COMMENTS FROM CITIZENS:

There were no comments from citizens or members of the public.

POLICE REPORT:

Police Chief Marvin Wilson presented the Council with the monthly police report.   Chief Wilson noted the d epartment is working on an alleged employee theft case for Circle K gas station and market.   Approximately one thousand dollars was stolen and the perpetrator is recorded on video camera.   The department is also working with the Secret Service and the Drug Enforcement Agency on a credit card scam case.   Two of the victims live in Prospect and another lives in Versailles, Kentucky.   A suspect has been charged with over four hundred counts of credit card theft.   He is being held in the Oldham County Jail.  

NEW BUSINESS:

Mayor Eberle noted that he has nominated three persons to serve on the Prospect Ethics Commission pursuant to Chapter 38 of the Code of Ordinances.   Nominations need to be confirmed by the Council by passage of CITY OF PROSPECT MUNICIPAL ORDER, NO.3, SERIES 2009.   Susan Nicholson has been nominated to serve as Chair with John Embry and Justice Martin Johnstone nominated to serve as Commission Members.   All are nominated for two-year terms to run from January 2009 to January 2011.   Council Member Loretta Ertel moved for passage and confirmation of those nominated, Council Member Alan Simon seconded; passed unanimously.

Mayor Eberle noted a commendation letter in the Council Member's materials received from a resident concerning excellent assistance provided by Police Officer Marianne Haverlin to residents during the January ice storm.  

UNFINISHED BUSINESS:

Prospect's Ad Hoc Committee on Commercial Entrance Lighting met and received notice of a change in the type of light fixtures proposed for the entrances to the Prospect Professional Center at 9217 U.S. Highway 42 by the owner of the shopping center, Dr. Phil Cochran.   City Administrator Ann Simms noted that she has viewed the fixtures now proposed for installation and has determined they are in compliance with the existing ordinance.   After some discussion, it was decided the primary reason for the formation of the Committee on Commercial Entrance Lighting was to address entrance lighting concerns at the Prospect Professional Center, and that the Committee could now be dissolved as the proposed lighting complies with the current lighting ordinance.        

Prospect's Ad Hoc Committee to Review Fencing Regulation and Enforcements met this past week and discussed a variety of issues.   A report suggesting recommended areas of concern for the City Council to consider to enact possible legislative changes or suggest enforcement priorities will be ready for the March 16 th City Council Meeting.

ADJOURNMENT:

Council Member Sandra Leonard moved to adjourn; Council Member Alan Simon seconded; passed unanimously.  

Mayor Eberle declared the meeting adjourned at 7:35 p.m.

Respectfully submitted,

Debra Skaggs
Recording Secretary

Approved:
Todd B. Eberle
Mayor

ATTEST:
Ann R. Simms
City Clerk