Mayor Boruske Present Member Gifford Present

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 Present Member Gifford Present Member Neary Present Member Lynn Present Member Burns Present City Adm. Giffen Present Member Tucker Present City Att. Edge Present Member Baker 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 Aye Member Burns Aye Member Lynn Aye Member Tucker Aye Member Neary Aye Member Baker 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