CITY OF ST. MATTHEWS
Council Meeting Minutes
January 14, 2020
The regular meeting of the St. Matthews City Council was held on Tuesday, January 14, 2020. The meeting was called to order at 7:00 p.m. The meeting was held at St. Matthews City Hall, 3940 Grandview Avenue. The following people were present:
Richard J. Tonini
Councilmember Bernie Bowling Councilmember Stuart Monohan
Councilmember Cathi Clark Councilmember Mary Jo Nay
Coucilmember Frank Flynn Councilmember Amy Olson
Councilmember Tim Holland Councilmember Tony Weiter
John Singler – St. Matthews Attorney
Barry Wilkerson – Major, St. Matthews Police Department
Jack Ruf – St. Matthews Planning and Zoning Officer
Susan Clark – St. Matthews City Clerk/Treasurer
Gary Major – Resident
Pat Chapman – Resident
Carolyn Clark – Resident
Ken and Debbie Bass – Residents
Various Unidentified Residents/People
Tony Clemons – Property Owner
Virginia Hart – President of Chamber of St. Matthews
Elizabeth Cleary – Chamber of St. Matthews
Josh Suiter – Chamber of St. Matthews
Don Lawson – Stephens & Lawson, CPA’s
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was accomplished followed by the roll call vote of attendance.
A motion was made by Councilmember Nay to approve the minutes from the December 10, 2019 regular meeting. The motion was seconded by Councilmembers Clark and Olson.
Upon Voice Vote: (8-0) the motion carried.
Mayor Tonini started the meeting indicating time would be allowed for those present to speak concerning group houses located in neighborhoods in St. Matthews for those recovering from alcohol and drug addiction. Several residents spoke about apprehensions of having group homes close to their residences. Questions about the possibility of people living in these group homes that may have past criminal records, number of adult residents residing in each home, and the number of automobiles for each home were discussed. Chief Barry Wilkerson stated law enforcement is prohibited from completing background checks on any individual without an open case against them. If automobiles are parked illegally, please call 893-9000 to report and an officer can investigate. Cars parked in the yard itself should be reported to Jack Ruf, Planning and Zoning Officer for the City of St. Matthews. Mr. Ruf interjected he does complete inspections outside of office hours on any number of diverse complaints if it is warranted. The number of vehicles allowed is based on the square footage of the lot. John Singler, attorney for the City of St. Matthews, spoke to the legality of these type of group houses. They do fall squarely within the protection of the federal Fair Housing Act and numerous challenges have not been successful. This federal law strips the ability of local municipalities to take any type of adverse action in this type of situation. Mr. Singler reiterated he only represents the City of St. Matthews and in no way represents Oxford House, the lessor of properties in question. A representative of Oxford House was invited to attend but the council meeting time was not workable with their schedule. Among questions asked was do these type of group houses need a conditional use permit? It was learned from Mr. Singler that a conditional use permit is not applicable in this situation. A question arose about the possibility of sex offenders living in the homes and the proximity to bus stops and schools. Chief Wilkerson said that information is public and is found on the web. Councilmember Monohan mentioned a group home was next door to him and his family for a few years. The residents of that house did not cause significant problems for the neighborhood and any yard care issues where taken care of when the owner of the property was notified. Councilmember Flynn inquired if the number of group homes could be limited. Mr. Singler replied at this time they could not. An unidentified woman said Louisville Metro Council President David James is working on the issue of group homes in neighborhoods. Jack Ruf mentioned that in his 40 plus years of working in planning and zoning, the definition of family has been debated. Currently any one group of people living in a single house as a household unit could be viewed as family. Mayor Tonini concluded the discussion time indicating city representatives will continue to research this issue.
Next, resident Kathy Emmons asked for relief from past due property tax bills including penalties and interest that are past due. It is her opinion she should not be penalized if the St. Matthews tax bills for 2016 and 2017 were not received. It is the position of City Clerk/Treasurer Susan Clark her bill was mailed at the same time as the rest of the property owners. The tax bills addressed to Ms. Emmons were not returned to City Hall as undeliverable. When questioned, Ms. Emmons responded that she did receive her 2016 and 2017 tax bill for Jefferson County. However, that did not remind her that the St. Matthews tax bill would have been due around the same time. An additional notification would have been mailed in December of 2016 and December of 2017 that her tax bill was soon to move to a penalty phase. Neither of those notices were returned to City Hall as undeliverable. Ms. Emmons says those were never received by her either. Mr. Singler explained that annual reminder notices will be mailed starting in 2020. Mayor Tonini said this matter will be taken under advisement and no decision was made at the time.
The last of the public comments were made by Josh Suiter, Membership Director of the Chamber of St. Matthews. Light-Up St. Matthews had one electrical problem at an inconvenient time, but the rest of the program ran smoothly. The annual dinner meeting of the Chamber of St. Matthews will be January 16, 2020 with a roaring 20’s theme. Mr. Suiter will be out of the office the entire month of February 2020 on paternity leave.
PENDING BUSINESS DISCUSSION ON TRINITY HILLS SUBDIVISION DRAINAGE ISSUE – Tabled
No discussion took place due to the topic being tabled.
ORDINANCE 19-10 GOLF CART ALLOWANCE – Tabled
No discussion took place due to topic being tabled.
NEW BUSINESS 2018-2019 AUDIT REVIEW DON LAWSON, CPA
Don Lawson, lead auditor for the 2018-2019 fiscal year mandatory review, stated the audit was a clean audit meaning no misuse of public funds were found. The audit team did not encounter any problems and the city is in solid position financially. Councilmember Mary Jo Nay made a motion defer a vote accepting the audit to the January 28, 2020 meeting. The motion was seconded by Councilmember Bowling.
Upon Voice Vote: (8-0) the motion carried.
ORDINANCE 20-01 REPEAL OF CRIMINAL OFFENSES JOHN SINGLER, ATTORNEY 1st Reading
Attorney John Singler summarized a review of Chapters 130 to 139 were found to be out-of-date and do not necessarily reflect current criminal law guidelines. Much contained in these chapters addressed procedures when St. Matthews had their own Criminal Court. Councilmember Monohan made a motion to introduce and accept this as 1st reading of Ordinance 20-01. The motion was seconded by Councilmember Weiter.
Upon Voice Vote: (8-0) the motion carried, and this served as 1st reading of Ordinance 20-01.
ORDINANCE 20-02 CLOSING OF HYCLIFFE AVE ALLEY JOHN SINGLER, ATTORNEY 1st Reading
A resident has requested that a dead-end alley be closed and that the dedicated roadway is declared private property. Mayor Tonini mentioned that the law does not allow for the sale of this type of property and the city would be required to gift the land to the neighboring property owners. Councilmembers reviewed the materials. Councilmember Nay made a motion to accept this as 1st reading of Ordinance 20-02. The motion was seconded by Councilmember Bowling.
Upon Voice Vote: (8-0) the motion carried, and this served as the 1st Reading of Ordinance 20-02.
REVIEW OF PROGRAM SUPPORT REQUESTS
Requests for program support are reviewed quarterly for acceptance or denial. The Kentucky Derby Festival has requested $6,500 for sponsorship of the Champions Float. The city will have no further involvement with any aspect of the float and it will be handled in totality by the KDF. Councilmember Nay made a motion to approve the request from the Kentucky Derby Festival for $6,500. The motion was seconded by Councilmember Bowling.
Upon Voice Vote: (8-0) the motion carried.
Shakespeare in the Park has been offered to residents of St. Matthews for the last 2 years. Once again, representatives of Shakespeare in the Park are requesting funding in order to offer this to the community. The date selected if approved is May 16. Location has not been determined at this time. Councilmember Nay made a motion to approve this request. The motion was seconded by Councilmember Olson.
Upon Voice Vote: (8-0) the motion carried.
Councilmember Bowling made a motion to approve the expenditures listed and have checks drawn on the city’s treasury in the total of $407,507.11. The motion was seconded by Councilmember Nay.
Upon Roll Call Vote: (8-0) the motion carried. Yes Votes: Councilmembers Clark, Holland, Weiter, Monohan, Bowling, Nay, Flynn and Olson. No Votes: None.
· Councilmember Bowling deferred to Chief Wilkerson for a report from the Police Department. He reported violent crimes are down as are robberies and car thefts. Shop-lifting is up. Officers are working with local retailers to address this problem. Additionally, the police department will purchase 6 new cars, 5 from the regular budget and 1 from the Forfeiture Account.
· Councilmember Nay relayed the next newsletter is expected to be in homes by early February. She and Councilmember Holland attended the January 13th celebration of Trinity High School’s 26th state-wide championship football win.
· Councilmember Olson mentioned wall decorations for the Council Chambers have been put on hold until which time the council work station furnishings can be determined. An oil mural for the hallway describing the history of STM is proposed for the hallway.
CITY ATTORNEY’S REPORT
Mr. Singler stated communication continues with the nearby shopping center regarding parking at the Community Center Park and the vicinity. An amendment to the usage agreement has been proposed.
MAYOR’S REPORT Mayor Tonini gave the following report: · The roof at the old city hall at 201 Thierman Lane is being replaced. It is believed to be in the vicinity of 40+ years old. The roof of the shed and garage are also being replaced.
· The brush in the City of Richlawn but next to St. Matthews has been trimmed to discourage homeless from sheltering there.
· It was learned recently that Louisville Metro is no longer issuing solicitation permits. The St. Matthews solicitation permitting process was built with approvals from Louisville Metro being in place. St. Matthews rules will need to reviewed and revised.
· No action has been taken regarding the development of a Code Enforcement Board or a Criminal Board but discussion will continue.
· The Jefferson County PVA’s office has officially notified the City of St. Matthews that a large portion of properties will be reassessed in the spring of 2020. The city will host a question and answer session for property owners regarding the PVA appeals process. The information program held Thursday, March 12 at 6:30 p.m. at the Community Center.
Councilmember Weiter made a motion to adjourn. The motion was seconded by Councilmember Nay.
Upon Voice Vote: (8-0) the motion carried, and the meeting adjourned at 9:10 p.m.
Susan Clark, City Clerk Richard Tonini, Mayor
|JANUARY 14, 2020|
|BE IT RESOLVED THAT THE MAYOR DRAW WARRANTS on the City Treasury,|
|counter-signed by the City Clerk authorizing payment of the below listed invoices:|
|301 Interactive Marketing||Admin. – Annual Fee for Website||$450.00|
|A+ Paper Shredding||Admin. – Document Destruction||$55.00|
|Air Quality Systems, Inc.||Works – HVAC Filters||$945.72|
|All Occasions Event Rental||Admin. – Event Materials||$811.80|
|Anthem||All – Health Insurance||$71,092.06|
|Archive Social||Police – FB Caputuring||$995.00|
|AT&T||City Hall/Comm. Center – Phones||$2,199.80|
|Baptist Health Occupational Medicine||Police/Works – Random Drug Testing||$245.00|
|BMS, LLC||All – Health Insurance Administration||$339.75|
|Bob Hook Chevrolet, Inc.||Police – Vehicle Repair||$4,834.75|
|Celina Tents, Inc.||Comm. Center – Tables||$2,584.94|
|Chamber of St. Matthews||Admin. – Program Support||$18,500.00|
|Charles Guelda & Sons Plumbing||Works – Rental Property Repairs||$1,137.50|
|Delta Dental of KY||All – Dental Insurance||$5,016.82|
|Entemann – Rovin||Police – Badges (Forfeiture $405.50)||$737.00|
|Fesco||Police – Fire Extinguishers for Vehicles||$987.75|
|Flynn Brothers Contracting, Inc. (MAPS)||Works – Cold Patch for Potholes||$163.90|
|Galls||Police – Uniforms||$2,913.43|
|Goodyear||Police – Vehicle Repair||$2,169.07|
|Guardian Insurance Company||All – Short/Long/Life Insurance||$8,318.76|
|HDS White Cap Supply||Works – Supplies and Materials||$110.28|
|Home Depot||Works – Supplies and Materials||$225.45|
|Huber Tire||Works – Flat Repair||$48.00|
|John Reid & Associates (Forfeiture Account)||Police – Training Session for (2)||$1,150.00|
|KEMI||All – Workers Comp Insurance||$14,791.63|
|Kentucky League of Cities||Admin. – Annual Dues||$5,116.00|
|Kentucky Municipal Clerk’s Association||Admin. – Annual Dues||$45.00|
|Kentucky Uniforms||Police – Uniform Part||$69.89|
|Kiesler’s Police Supply||Police – Supplies||$317.00|
|KY Assocation of Chiefs of Police||Police – Annual Dues (3)||$285.00|
|Leonard Brush & Chemical||Comm. Center – Products||$360.69|
|Lexis Nexis||Police – Investigative Tool||$118.00|
|Louisville Armory||Police – Range Time||$12.99|
|Louisville Gas & Electric||Works – Electric/Street Lights||$34,512.53|
|Lowe’s||Works – Supplies and Materials||$178.80|
|Manning Equipment||Works – Snowdogg Supplies||$300.00|
|Marlin Business Bank||Admin. – Copy Machine Rental||$136.00|
|Mobile Forensic Solutions||Police – Investigative Tool||$758.00|
|Motorola Solutions||Police – Radio’s||$20,567.00|
|NAPA Auto Parts||Works – Supplies and Materials||$761.37|
|Office Depot||Works/Police – Office Supplies||$192.48|
|Oxmoor Ford||Works – PW Truck||$43,111.20|
|PNC Bank||All – Supplies and Materials||$9,187.41|
|Quality Inn||Police – Police Training Expense||$286.00|
|R & R of Louisville||Comm. Park – Unit for Concession Stand||$10,100.00|
|RCS Communications||Police – Radio Service Plan||$291.00|
|Rumpke||Works/Parks – Garbage & Portalet||$92,907.30|
|S & D Coffee, Inc.||Works – Coffee||$347.88|
|Saf-Ti-Co||Works – Signs||$90.19|
|Security Pro’s||City Hall – Monitoring||$1,161.89|
|Security Systems||Police/Works – Monitoring||$74.00|
|Senior Care Experts||Admin. – Program Support||$9,000.00|
|Singler & Ritsert||Admin. – City Attorney Fees||$4,140.00|
|Sparkle Brite Car Wash||Police – Vehicle Wash||$288.00|
|Spectrum||Works – Internet||$254.97|
|St. Matthews Area Ministries||Admin. – Program Support||$4,375.00|
|St. Matthews Exterminating||City Hall – Pest Control||$85.00|
|Staples||Admin. – Office Supplies||$400.20|
|The Courier Journal||Admin. – Legal Notices||$2,032.35|
|Thomson Reuters||Police – Criminal Law Reference Book||$276.66|
|Total Office Products||Police – Office Supplies||$674.20|
|Towne Post Network, Inc.||Admin. – Magazine Space||$850.00|
|Valvoline||All – Vehicle Maintenance||$434.65|
|Verizon Wireless||All – Cell Phones & MDT Connectivity||$2,681.52|
|Victoria’s Catering||Admin. – Catering||$1,700.00|
|Welders Supply Company||Works – Compressed Air||$32.40|
|Wex Bank||All – Fuel for Vehicles||$14,458.38|
|Willis Klein||Works – Supplies and Materials||$170.08|
|Library City Hall|
|Burdorf’s||Library/City Hall – Furnishing||$2,645.20|
|Reimbursements and Payments|
|Armstrong, Troy||Police – Travel Food Expenses||$50.98|
|Kaufmann, L. Wayne||Police – K9 Expenses||$96.49|
|Sanders, John||Police – CID Reimbursement||$750.00|