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Code Enforcement Board

Meeting Minutes
Meeting date: 
Wednesday, December 15, 2021
City of Prospect Code Enforcement Board
December 15, 2021, 7:00PM
Prospect City Hall Council Chambers
Case No. 21-11-1: Violation of Nuisance Ordinance 92.03(g)
For property at 7513 Rockingham Road, Prospect KY

 

Board Members Present: Al Binsfield, John Clark, Lynne Dowling, Paul Mc Daniel (Alternate for Dennis Riggs), Rande Swann
City Personnel Present: Councilwoman Sandra Leonard; Councilman Frank Fulcher (Council liaison to CEB), Police Chief Jeff Sherrard, Prospect City Attorney Chris Gorman, and Code Enforcement Officer Rick Wilson
Cited Resident: Jacquelyn H. McGrail
Those signing in and addressing the Board: Susan Siroji, 7605 Rockingham Rd.; Howard Harding, 6209 Deep Creek Dr.; and Bill Laise, 7604 Rockingham Rd. in support of the City’s citation. Richard and Christy Geddes, 6415 Deep Creek Dr., in support of McGrail’s appeal.

  • The meeting began at 7 PM. Board members introduced themselves and the neighborhoods in which they live. A motion was made by John Clark, seconded by Paul McDaniel and Rande Swann was unanimously elected as the Chair.
  • Swann noted that an official secretary must either be elected for each Board meeting or for a year’s term. Swann asked Lynn Dowling if she would be willing to scribe tonight’s session. Dowling consented. A motion was made by Clark, seconded by Al Binsfield, and Lynn Dowling was unanimously elected Secretary.
  • A motion was made by Clark, seconded by Dowling, and Paul McDaniel (designated Board Alternate) was unanimously elected to serve as alternate for absent member Dennis Riggs for the evening’s meeting.
  • Declaration of Quorum was made by Swann as Chair.
  • A motion was made by Dowling, seconded by Clark, and unanimously passed to approve the summary notes from the Code Enforcement Board Orientation session held on December 10, 2021 from 10:00 a.m. – 11:35 a.m. at Prospect City Hall.
  • Swann stated the intent of the hearing was to ensure the code citation No. 21-11-1: Violation of Nuisance Ordinance 92.03(G) Case for property at 7513 Rockingham Road, Prospect KY was issued in compliance with the City’s Codes and Commonwealth of Kentucky laws. Swann noted the Code Enforcement Board may not issue a finding at tonight’s Public Hearing.
  • Chris Gorman introduced himself as the Prospect City Attorney and explained Kentucky statutes also apply to Prospect City proceedings, and as such, the Code Enforcement Board needs to provide due process and not pre-judge. Since the City initiated the citation, he suggested its representatives present first.
  • Chief Sherrard, the supervisor of the Prospect Code Enforcement Officer, was sworn in and presented the City’s case. He reviewed the City of Prospect Ordinance Chapter 92.03: Nuisances, and read germane sections identified as applicable to the Nuisance citation, and further noted the Prospect ordinances comply with KY Statute KRS 411.550. He reviewed the action leading to the hearing tonight and submitted Exhibits to the Board related to tonight’s hearing.
  • McDaniel asked that Jacquelyn McGrail be given copies of the Exhibits just referenced. Sherrard did at that time. The Chief commented that his impression of the property was that it was untidy, full of overgrown plantings, grasses, and weeds in violation of the City Code(s).
  • A local real estate professional, Mr. David Yunker, who resides in Prospect, viewed the photos and informed the Chief that the condition of the McGrail property could negatively impact adjacent property values.
  • Letters were introduced that were received both for and against the citation.
  • Swann requested a show of hands from Board members who had viewed the property recently. Several raised their hands.
  • Gorman commented: Let the Minutes show items that have been put into evidence during this portion of the meeting (identified below).
  • Swann asked the Chief if McGrail indicated hardship imposed by the timeline for compliance, and he responded he had given her more than 2 weeks to comply, during which time she did not indicate hardship. Sherrard then concluded his presentation.
  • Gorman asked that a full listing of Exhibits offered tonight to be included in the minutes from tonight’s meeting. Swann asked if there were any further questions for Sherrard from the Board. There being none at this time, McGrail was sworn in.
  • McGrail began her presentation with a review of her Curriculum Vitae. She noted that she attained Master Gardener Certification in 1994; worked as a landscape consultant in Maryland and Kentucky in 1995; and volunteers at Yew Dell Botanical Gardens, Creasy Mahan Nature Preserve, and the City of Prospect Parks Department. She alleges none of her yard plants were weeds as they “were intentionally planted by her.” She indicated that she plants items that attract pollinators and provide over-winter refuge for small animals and birds. She said she is concerned about the sustainability of the planet and protecting native species of wildlife.
  • McGrail introduced an article that appeared in the Courier-Journal written by Mr. Paul Capiello, executive director of Yew Dell Botanical Gardens. Gorman asked for a copy of the article to be entered into evidence. (It was.) Gorman asked Ms. McGrail if she had any photos of her front yard plants in bloom. She provided a packet of photos (in Exhibits) of her plants in bloom and identified the plants in her garden. She also provided photograph packages of the grounds in winter at Yew Dell Botanical Gardens and winter yards and letters from some of her neighbors. These letters and photos were placed into evidence.
  • McGrail then introduced information about natural and native gardening. At the conclusion of McGrail’s presentation, McGrail responded to Board members' questions. At their conclusion, Swann proceeded to call upon those in attendance who had signed up to address the Board in the order in which they signed in.
  • The following Prospect residents spoke at this time in the proceedings:
  1. Susan Siroji indicated that contrary to what Ms. McGrail said, she does not have a vendetta against McGrail, only a complaint about the overgrowth and appearance of her front yard. She said she had never seen her yard in bloom.
  2. Richard Geddes said he is grateful to Ms. McGrail for her natural gardens, and she has inspired his children with an appreciation for gardening.
  3. Christie Geddes said Ms.McGrail’s garden lends beauty to the neighborhood and inspires others.
  4. Howard Harding spoke about residential gardens.
  5. Bill Laise indicated that McGrail’s front garden upsets him.
  • As there were no further speakers, Clark moved, Dowling seconded, and a motion passed to resume consideration of this appeal at another meeting of the CEB in 2022. There being no more business before the Board, Clark moved, McDaniel seconded and a motion passed to adjourn at 8:40 PM.
  • Exhibits Provided in Support of City Citation:

A. 1. List of Events
A. 2. ClickFix.com page capture
A. 3. Email from McGrail to Rick Wilson 9/26/21
A. 4. Email from Steve Gerlach to Rick Wilson 10/1/21
A. 5. Photo of McGrail front yard
A. 6. Photo of McGrail front yard
A. 7. Photo of McGrail front yard
A. 8 Capture from minutes of 10/18/21 Prospect City Council Meeting New Business and Citizen Comments regarding McGrail citation
A. 9. a. Letter from Wilson to McGrail 10/28/21 re Code violation
A. 9. b. Page 1 of 2 attachment of Prospect General Regulations Chapter 92.03 Nuisance Section G – Weeds or grass
A. 9. c. Page 2 of 2 attachment of Prospect General Regulations Chapter 92.03 Nuisance Section G – Weeds or grass
A. 9. d. USPS Postage and Certified Mail Receipt from Wilson to McGrail for Exhibits
A. 10. a. Email from McGrail to Wilson 11/1/21 @ 9:18 am
A. 10. b. Emails from Wilson to McGrail 11/1/21 @ 2:03 pm and from McGrail to Wilson 11/1/21 at 4:21 pm
A. 11. Copy of Ordinance Violation Citation CEB Base # 21-11-1
A. 12. a. Email from Jill Vidito to the C.E.Board, John Carter (City Clerk), Rick Wilson (Code Enforcement Officer), regarding Code Enforcement meeting on 12/15/21 to hear Case # 21-11-1
A. 12. B. Email from McGrail to Rick Wilson and Mayor Evans dated 12/6/21 at 8:02 pm
A. 13. Email from Yonker to Sherrard regarding property values
A. 14. Two photos of the nearby property at 7509
A. 15. Two photos of the nearby property at 7511
A. 16. Two photos of the nearby property at 7515
A. 17. Two photos of the nearby property at 7517
A. 18. Two photos of the nearby property at 7514
A. 19. Two photos of the nearby property at 7512
A. 20. Two photos of the nearby property at 7510

 

  • Exhibits Provided in Support of the Appeal:

B. 1. Letter from David and Fife Wicks
B. 2. Letter from Jo Bishop
B. 3. Letter from Jesse Segreti
B. 4. Letter from Tavia Cathcart Brown
B. 5. Letter from Erin James
B. 6. Letter from Thaddeus E. Frey
B. 7. Twenty-one color photos provided by McGrail of various individual plants on other properties that are the same or similar to plants on her property
B. 8. Approximately 33 color photos were provided by McGrail behind a Cover Sheet Entitled “Yew dell” of its Botanical Gardens
B. 9. Eleven color photos provided by McGrail of various year-round signs and various decorations in her yard behind a Cover Sheet Entitled “Gar”.
B. 10. Approximately 53 color photos were provided by McGrail behind a Cover Sheet Entitled “my” which she testified were plants in bloom in her yard at various times of the year
B. 11. Courier-Journal article from 11/14/21 by contributing writer Paul Cappiello, Yew Dell Botanical Gardens, entitled “4 Tips for a Healthier Garden” and referenced in her presentation

  • Miscellaneous Exhibits:

C. C.E.B. Board Meeting – December 15, 2021, Witness/Speaker Sign-in Sheet