CITY OF DAYTON
COUNCIL MEETING
August 4, 2015
A regular meeting of Dayton City Council was held on Tuesday, August 4, 2015 in the board
meeting room of the Dayton Independent Schools Administration Building, Third & Clay Street.
Dayton, KY.
ROLL CALL:
Mayor Boruske
Member Neary
Member Burns
Member Tucker
Member Baker
Present
Present
Present
Present
Present
Member Gifford
Member Lynn
City Adm. Giffen
City Att. Edge
Present
Present
Present
Present
Mayor’s Report:
Tina Neyer, Tharp Dayton Heritage Museum, spoke in May with Anthony Cadle, Main Street
Manager and Tom Edge, City Attorney, about the Museum Board becoming a board of the City.
This would allow the board to become a 501c-3 and apply for certain grants. Motion by
Member Neary, seconded by Member Gifford to draw up an ordinance to have the Museum
Board an official board of the City. Motion carried—so ordered.
City Administrator’s Report:
Handicap parking request from Mary Jo Fuchs, 704 Fifth Avenue. The applicant meets all the
requirements. I recommend approval of this request. Motion by Member Lynn, seconded by
Member Gifford to allow a handicap parking space for Mary Jo Fuchs at 704 Fifth Avenue.
Motion carried—so ordered.
Special event application from Brian Spradlin of Infiltrate Ministries, for a Back to School Block
Party on August 8, 2015. This event will be held at the very bottom of Clay Street and all of the
alley off of Green Devil Lane. The event will be over at 3:00 p.m. Jay Brewer, Supt. of DHS,
supports the event. Motion by Member Gifford, seconded by Member Lynn to approve the
event. Motion carried—so ordered.
Update on KZF Pier & Riverfront Front Commons. City Council approved funding for this project
back in the fall. This is taking a little longer than anticipated, they could only get so far before
they needed more information from the Corp of Engineers. With the wet spring and summer
the Corp has been busy with flooding all over the region. Thanks to Southbank the cost is fully
funded, $21,000. The plan is about 50% completed. Hopefully, it will be wrapped up within the
next few months. There will be a Public Hearing soon.
A lot of work has been done on Dayton Pike within the last few weeks. This is due to a water
main replacement. Monday, weather permitting, Dayton Pike will be closed for a day or a day
and a half. The closing will be posted.
City Attorney’s Report:
Everyone received a MOA (memorandum of agreement) between the cities and Northern
Kentucky Area Development District Regional Hazard Mitigation Plan. This contract was sent to
every Northern Kentucky City and government in the area. The NKADD received a grant from
the Federal Emergency Management Agency to prepare a multi-jurisdictional hazard mitigation
plan. Motion by Member Burns, seconded by Member Tucker to approve. Motion carried—so
ordered.
Consent Agenda:
Motion by Member Gifford, seconded by Member Lynn to approve the minutes from the July 7,
2015 council meeting as received. Comments: Member Neary would like his traffic study from
the July 7, 2015 council meeting noted as a matter of public record. Motion carried—so
ordered.
Ordinances & Orders:
Second Reading:
CITY OF DAYTON, KENTUCKY
2015- #7
AN
ORDINANCE
CORRECTING
TWO
UNINTENTIONAL CLERICAL ERRORS ON THE
AMOUNTS CHARGED UNDER DAYTON CODE OF
ORDINANCES 110.13.
This ordinance amends Dayton Code of Ordinance 110.13(B), which sets the rates for rental
property license tax to a corrected amount of .01 times gross receipts or $50.00 per year, whichever
is greater. This change is being made as a result of a clerical error in drafting Ordinance 2014-11.
I, Tom Edge, an attorney licensed to practice law in the Commonwealth of Kentucky, acting
as attorney for the City of Dayton, Kentucky, do hereby certify that this summary was prepared by
me at the direction of the Council of the City of Dayton, and that said summary is a true and
accurate summary of the contents of the ordinance.
_________________________
TOM EDGE
Motion by Member Burns, seconded by Member Baker to approve 2015#7 as read.
ROLL CALL:
Member Gifford
Member Lynn
Member Neary
Aye
Aye
Aye
Member Burns
Member Tucker
Member Baker
Aye
Aye
Aye
Motion carried-so ordered.
Department Head’s Report:
Donna Leger, Clerk/Treas., submitted a copy of the financial report. Tiffany Myers, Asst.
Clerk/Treas., has completed her first year of schooling at the Northern Kentucky Clerk’s
Academy.
Annie Wuestefeld, Code Enforcement Officer, submitted a copy of her report. Member Baker
asked about 307 Walnut Street. Annie said, she has issued an order to repair. The owner is
currently working on the property. Most of the work is cosmetic. Member Neary asked about
the burnt out house on upper Seventh Avenue. Annie reported they have purchased a permit
through the county as far as repairs are concerned. Member Baker asked about the burnt
house on Ervin Terrace. The process has started to tear down the structure. Mayor Boruske
said the city is working with the county on this property. We are waiting for a letter from the
county and then the city can take it down.
Mike Auteri, Fire Chief, submitted a copy of his report. The next Fire Board meeting will be
Wednesday, August 19 at the Fire Station, 6:00 p.m. The new defibulators/monitors were
placed in service on Thursday, July 24th. One is on the medic unit and one on the fire engine.
FDBD Firefighters and Fireman Joe assisted with Lincoln School’s Camp Program on July 15 and
29. The Fire Department hosted the Cincinnati Area Maritime Committee meeting on July 23 at
the Holiday Inn Express in Bellevue. On July 24 the FDBD Fire Boat was dispatched to the Ohio
River for a 35’ boat that began to sink at the 462 mile marker area. The FDBD Fire Boat 225
rescued 2 boaters as did the Cincinnati Fire Department’s Fire Boat 14.
Anthony Cadle, Main Street Manager, submitted a copy of his report. Richard (Rick) Zumwalde
will be opening the Purple Poulet restaurant at 603 Sixth Avenue. The restaurant will seat 60
people and have a small bar. Mr. Zumwalde hopes to open by the end of September. Kate’s
Catering will open next week. Member Lynn asked what business was completed on the CCAP
report. Anthony Cadle said the signage for Kate’s Catering.
Standing Committee Reports:
Parks & Real Estate (Member Tucker):
Baseball is completed for the year at Gil Lynn Park. Kim Townsley’s event went very well.
Football is up and running. The concession is open. The teams practice from 6:00 p.m. to 8:00
p.m., Tuesday-Thursday. The next meeting of the Park Board is August 17, 2015 at 6:00 p.m.
Personnel, Law & Printing (Member Neary):
Member Neary has something for executive session in reference to personnel issues, and asked
for an update on the on-line code forms. City Att. Edge is working with Member Baker on this
issue.
Petitions:
Member Baker asked about progress on Ervin Terrace. City Adm. Giffen reported that Duke
Energy has done a lot of repairs on Ervin Terrace. These repairs have fallen in. City Adm. Giffen
met with Duke and they are going to review the damage and see what it will cost to fix. This is
a top priority. They should be getting back with us very soon. Mayor Boruske thinks this may
take months because Duke might have to replace the lines. City Adm. Giffen expects the city to
pay nothing for the work. Member Burns feels the city needs to monitor the work the water
company is doing. There is equipment and sand all over town.
Member Neary asked about 194 Dayton Pike, this is where the Water Company is storing all
their equipment. This is a residential zone and should never have been permitted. City Adm.
Giffen said, the Water Company went through Campbell County for a permit. This is for a
public cause so Campbell County granted a short term permit. The benefit to the public is that
Duke will get in and out as soon as possible. It helps that Duke can have their equipment
staged close to the project. It’s a public benefit to have the street paved as soon as possible.
Campbell County Planning & Zoning is an extension of our office.
Member Neary wants the city and residents to spruce up the City for Home fest. Are there any
plans to put up flags along Sixth Avenue, or to have any open houses in the city? Anthony
Cadle, Main Street Manager, is currently in contact with a person at Manhattan Harbour.
Anthony wants to have an open house day in the City. The VFW will be contacted to see if the
city can put up their flags.
Member Burns reported an area on O’Fallon Avenue that has been concreted. They now have
mulch and it looks tacky. Mayor Boruske said this will be addressed by the developers before
the Home Fest. The tree area also needs work.
Member Neary wanted City Att. Edge to clarify the guidelines for executive session. City
Attorney Edge read KRS 61.810. Member Neary asked what can or can’t he discuss from
executive session. City Att. Edge said, executive session is held in secret. Nothing discussed in
executive session is open for public discussion.
Audience:
Jeff Volter asked City Adm. Giffen about the Safe School Sidewalk Grant. City Adm. Giffen is in
close contact with the Dept. of Transportation about the grant and sees no danger of losing the
project. City Adm. Giffen has also reached out to the Department of Local Government
concerning the Park on Dayton Pike. Mr. Volter noted looking at the budget it appears the
expenditures outweigh the revenues right now. Is there any new revenue council is aware of?
At this time there is very few means of new revenue coming into the General Fund, except for
the extra revenue on the Riverfront, of which we only get a portion.
Samantha Nellis a resident of Dayton for 17 year would like to bring adult activities back into Gil
Lynn Park. These activities would include volleyball, softball and even basketball. The adults
would like to have alcohol at these events. Sales would be limited to certain activities and
certain days. What is the next step to bring alcohol sales back into Gil Lynn Park?
City Adm. Giffen noted that certain organizations are allowed to have beer sales at the park. It
is allowed but only under certain conditions. Mayor Boruske advised that right now the city
ordinances says no beer sales. In the past the council voted to not allow beer at Gil Lynn Park.
Council would have to change the ordinance and council would own the beer license.
A resident from 1116 Sixth Avenue addressed council concerned the alley behind his house.
The alley is rutted and has erosion. He has lived there for two years and is concerned about
the water run-off. His property is at the lowest point. He has talked to City Adm. Giffen about
this issue and would like it addressed. Mayor Boruske said this access is for emergency
vehicles. Give us a month to look at the alley. City Adm. Giffen said the alley was just cleared.
Unfinished Business:
The next Planning & Zoning Meeting is Sept. 2, 7:00 p.m. here. Manhattan Harbour will be
discussed.
New Business:
City Clerk/Treas., Donna Leger asked council and department heads if they would like to
purchase an ad in the Dayton High School All Sports Program. The cost is about $7.00 per
person. Council agreed.
Member Neary noted that currently council gets a budget report each month. All this is, is a
recap. All things considered I’d like to formorally request that all members of council also
receive a complete ledger of all checks issued in the previous month as part of the City Clerk’s
Report. I think knowing this at the time the checks were issued could be a real time saver down
the road. Mayor Boruske advised that from now on all the council reports, etc. will be sent to
council via e-mail.
At this time would anyone like to make a motion to go into executive session? Motion by
Member Neary. City Att. Edge asked that Member Neary clarify why he wants to go into
executive session. City Att. Edge advised council will go into executive session for © litigation
tonight. If you want to go into executive session for personnel it must be for one of these
reasons KRS 61.810 (f) discussions of hearings which might lead to the appointment, discipline,
or dismissal of an individual employee, without restricting that employee’s right to a public
hearing if requested. Member Neary said his point would not qualify and he would not need to
go into executive session.
Member Neary asked if the Main Street Manager is now working in the Codes Department 50%
of his time and in the Main Street 50% of his time. Is the payroll also split 50/50 between the
departments? By ordinance council sets positions and job duties as well as the budget payroll
for each department. Mayor Boruske noted from the beginning, this job was 50% in Main
Street and 50% in Codes, that’s the way this job was originally setup. The Main Street Manager
took care of all the code violations on the Main Street. Mayor Boruske said, Anthony Cadle,
Main Street Manager, will not be doing codes for Main Street because he is trying to build up
Main Street. Annie will be doing the code violations for the Main Street and Anthony will help
take care of other parts of the City. Member Neary is concerned with CCAP. Will this impact
the success of the Main Street? Mayor Boruske said, the office has a small staff and we need to
utilize what we have. The Main Street will come first for Anthony.
Executive Session:
Mayor Boruske entertained a motion to go into executive session to discuss KRS 61.810 ©
Discussions of proposed or pending litigation against or on behalf of the public agency. Motion
by Member Gifford, seconded by Member Burns to go into executive session. Motion carried—
so ordered.
Motion by Member Baker, seconded by Member Lynn to go back into regular session. Motion
carried—so ordered.
Motion by Member Burns, seconded by Member Tucker to adjourn. Motion carried—so
ordered.
Respectfully submitted,
Donna Leger
Clerk/Treas.
ATTEST:
Virgil L. Boruske
Mayor