CITY OF DAYTON

COUNCIL MEETING

August 1, 2017

 

 

 

A regular meeting of Dayton City Council was held on Tuesday, August 1, 7:00 p.m. in the board meeting room of the Dayton Independent Schools Administration Building, Third & Clay Street. Dayton, KY.

 

ROLL CALL:

 

Mayor Boruske                        Aye                  Member Haas             Aye

Member Volter                       Aye                  Member Lynn              Aye

Member Burns                        Aye                  City Adm. Giffen         Aye

Member Neary                       Aye                  City Att. Edge              Aye

Member Baker                        Aye

 

Audience:

 

Tammy Cornett, 225 Third Ave., reported the Kite Festival will be held on Sept. 30th at Gil Lynn Park, noon to 5:00 p.m.  Thanks to everyone who helped out with Music Fest.  Tammy addressed council about their plans to lease out the old YMCA Bldg. The Civic Club is in need of storage space and a place to hold fundraiser events. This way we won’t have to beg for another venue.  We’ve out grown the VFW for Light up Dayton and had plans to have Light up Dayton in the YMCA Bldg.  The building at 701 Sixth Avenue is moldy, not safe, and because of the mold it’s hard to breath in the building.  Council needs to look at the needs of the community/organizations before they lease out the property.  The city should not be in the landlord business.  Currently the Civic Club has three full rooms of items, plus tents, tables, carnival games, and Christmas decorations.  The YMCA Bldg. could be used as a community center until the new city building/community center is built.  City Adm. Giffen agreed the city does have a storage problem. The YMCA Building is in the Manhattan Harbour footprint.

 

Kris Gold, 419 Fairview Ave., turned in a petition from residents on Fairview Avenue.  This petition is asking for Children at Play Signs and speed bumps on their street.  The street is very narrow and the residents park on the sidewalk.  There are 12 houses and 15 kids on this block.  The kids play in the street.  Mayor Boruske will have City Adm. Giffen, the Fire Chief and Police Chief, review the situation and come back to council with their findings.   A discussion was held.  Motion by Member Neary, seconded by Member Baker to install Children at Play signs at both ends of the street, by Dayton Avenue and Locust St.  Motion carried—so ordered.

 

Beth Field, 1005 Lincoln Road, has lived in Dayton for about a year.  She heard about the demolition of 701 Sixth Avenue and is asking council to reconsider.  This is a historic home and the benefits of keeping this building outweigh the draw backs.

 

Karen Strickley, Clay Street, also heard about the demolition of 701 Sixth Avenue and reported she was at a Main Street Meeting several years ago and this building is not structurally sound.  The building is not historical.  It has not been kept up because the plans were to tear down the building.  I love Dayton and have lived here all my life.  This building is an eyesore and we need to carry out the purpose of this building, to take it down and build a new city building.

 

Beth Neyman, 625 Tenth Ave., advised the YMCA Building is a great location.  It has great parking and a great place for board meetings.  We need to do things for Dayton people.  If the building is leased the city will have to look for meeting options and storage places.  City Adm. Giffen reported leasing out the space was discussed at a public council meeting.  Member Baker reported a health related business is very interested in leasing the space and working with the city.  Council could use the rent funds for other issues.

 

Ms. Neyman feels the demolition of 701 Sixth Ave. is a terrible waste and terrible mistake.   This is a post card building.  It’s gorgeous and adds a lot of character.  Member Volter asked at what price?  The building is not structurally sound, and has foundation and roof problems.  It may cost up to $150,000 to fix.

 

 

Ordinances & Orders:

 

Second Reading:

 

CITY OF DAYTON, KENTUCKY

ORDINANCE NO. 2017-#15

 

AN ORDINANCE REPEALING AND REPLACING CHAPTER 50 OF THE CODE OF ORDINANCES RELATING TO GARBAGE.

 

NOW, THEREFORE BE IT ORDAINED BY THE CITY OF DAYTON, CAMPBELL COUNTY, KENTUCKY AS FOLLOWS:

 

Section I

 

That Chapter 50 of the City of Dayton Code of Ordinances is repealed and replaced with the following:

 

 

CHAPTER 50: GARBAGE

 

• 50.01 PURPOSE.

 

The purpose of this chapter is to regulate solid waste disposal in the city. It is intended to make all persons within the city responsible for contributing to the public cleanliness of the city to promote the public health, safety, and welfare, and to protect the economic interests of citizens against unsanitary and unsightly conditions. It is further the intent of this subchapter to protect citizens from a health and safety menace and the expense incident to solid waste removal.

 

 

• 50.02 DEFINITIONS.

 

For purposes of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

 

ASHES.  The residue resulting from the burning of wood, coal, coke, or other combustible material.

 

DISPOSAL.  The storage, collection, disposal, or handling of refuse or garbage.

 

GARBAGE.  All animal and vegetable wastes resulting from the handling, preparation, cooking or consumption of foods.

 

REFUSE.  All solid wastes, except body wastes and garbage, and shall include ashes and rubbish.

 

RUBBISH.  Glass, metal, paper, plant growth, wood or nonputrescible solid wastes.

 

 

• 50.03. OWNER TO BE RESPONSIBLE FOR REAL PROPERTY.

 

The owner or his agent, or the occupant, of any real property within the city shall be responsible for the sanitary condition of the premises occupied by him.  It shall be unlawful for any person to place, deposit, or allow to be placed or deposited on the real property any premises any refuse, garbage or rubbish, except as designated by the terms of this chapter.

 

 

 

• 50.04 CONTAINERS.

 

(A) All refuse and garbage shall be drained free of liquids before disposal.

 

(B) Garbage shall be wrapped in paper or similar material.

 

(C) All cans, bottles, or other food containers shall be rinsed free of food particles and drained before disposal.

 

(D) Rubbish shall be either placed in approved containers, or cut and baled, tied, bundled, stacked, or packaged so as not to exceed thirty-six (36) inches in length and thirty (30) pounds in weight.

 

(E) Private property owners and/or their tenants shall not place out for collection or otherwise place in the public right-of-way any rubbish, clothing, mattresses, box springs, cushions, carpets, or other items unless the items are completely encapsulated so as to cover and securely envelop item in plastic.

 

 

• 50.05 PREPARATION OF REFUSE AND GARBAGE.

 

(A) Garbage containers shall be made of durable, water-tight, rust-resistant material having a fly-tight lid and handles to facilitate collection.

 

(B) Refuse containers shall be made of durable water-tight, rust-resistant material having a fly-tight lid and handles to facilitate collection or if plastic bags are used, they shall be of heavy duty construction and securely tied.

 

(C) Refuse and garbage containers for a residence shall not be less than ten gallons, nor more than 90 gallons in capacity.  There shall be no more than three (3) containers set out for any residential property at any time.

 

(D) It shall be unlawful to permit the accumulation of residue of liquids, solids, or a combination of such material on the bottom or sides of containers, it being the intention of this provision that the interior of containers shall be kept clean by thorough rinsing and draining as often as necessary.

 

(E) Paper or wooden boxes may be used as containers for rubbish, provided such boxes when filled do not exceed thirty-two (32) pounds in weight.  Large stones and hot ashes will not be collected.

 

(F) Large containers to be handled by special equipment may be used if the contract collection has equipment to handle such containers.  The containers must have fly-tight lids, and be placed on the premises where the collector has ready access.

 

 

• 50.06 UNAUTHORIZED REFUSE AND GARBAGE.

 

It shall be unlawful to store or set out for collection the following types of garbage, refuse, rubbish or large items:

 

(A) Dangerous materials or substances such as poisons, acid, caustics, infected materials, and explosives;

 

(B) Materials resulting from the repair, excavation, or construction of buildings or structures, such as earth, plaster, mortar, concrete, roofing material, lumber, plumbing fixtures, and other similar materials;

 

(C) Materials that have not been prepared for collection in accordance with the provisions of City Ordinances;

 

(D) The solid waste resulting from industrial processes;

 

(E) Human or animal body wastes;

 

(F) Medical waste including, but not limited to, needles, syringes, blood, plasma, and bones;

 

(G) Tires; and

 

(H) Other waste as prohibited by federal, state, or local laws and regulations.

 

 

• 50.07 STORAGE OF REFUSE AND GARBAGE.

 

(A) Each householder having refuse and/or garbage shall provide himself or herself with approved refuse and garbage containers and shall place and keep all refuse and/or garbage therein.

 

(B) Containers shall not be placed on the street right-of-way prior to 6:00 p.m., local time, on the day before scheduled collections, and shall be removed to the rear of the premises before 11:30 a.m., local time, the day following scheduled collections.

 

(C) It shall be unlawful to place refuse or garbage in any street, alley, or any other public place, or upon private property, whether owned or not, unless the refuse or garbage is placed in an approved container.

 

(D) Garbage and refuse must fit inside the container to allow sufficient room for the lid of the container to close completely.

 

(E) Owners and/or their tenants shall encapsulate and securely wrap in plastic any upholstered furniture, mattresses, pillows, cushions, box springs and similar items stored outside of a completely enclosed structure or placed out for collection or otherwise placed in the public right-of-way.

 

 

• 50.08 COLLECTION PRACTICES.

 

(A) For the purpose of collection, refuse and garbage containers shall be placed at ground level, and be made readily accessible to the collector.  They shall be on the side of the street from which collection is to be made.

 

(B) Notwithstanding the provisions of division (A), above, householders, commercial establishments, or other persons may, by contract, with collectors, be permitted to place containers at agreed places upon their premises.

 

 

• 50.09 UNSCHEDULED SET OUT.

 

It shall be unlawful to set out garbage containers, other refuse, rubbish, or large items outside of the authorized schedule collection day unless special collection arrangements have been made in advance.  In no event, shall garbage, refuse, rubbish or other large items be set out for more than twenty-four (24) hours before the special collection arrangement time.

 

 

• 50.50 WASTE COLLECTION SERVICE FEE.

 

(A) For the purposes of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning:

 

(1) “OWNER OF IMPROVED REAL ESTATE.” The titleholder of record.

 

(2) “PERSON, FIRM, OR CORPORATION DOING BUSINESS IN THE CITY OF DAYTON. KENTUCKY.” The person, firm, or corporation in whose name the occupational license fee for said business is registered.

 

(3) “RESIDENTIAL UNIT.”  A principal residential space occupied or designed for occupancy for residential purposes.

 

(4) “COMMERCIAL UNIT.”  A principal non-residential building space of any size occupied or designed for occupancy by an individual non-residential business or public or private enterprise.

 

(B) There is hereby levied and imposed upon the owners of improved real estate in the City of Dayton, Kentucky and upon persons, firms, and corporations doing business in the City of Dayton, Kentucky, a waste collection service fee as follows:

 

(1) For each residential and commercial unit, the sum of one hundred twenty-eight dollars and sixteen cents ($128.16) payable as stated herein;

 

(2) For each business or commercial unit disposing of solid waste on average in excess of six (6) ninety (90) gallon containers per week shall contract directly with and pay directly a private waste collection service.

 

(C) The waste collection service fee provided by this section shall be added to the yearly ad valorem tax bill for the said property and shall be collected on or before the date due for such ad valorem taxes. All waste collection service fees remaining unpaid after such date shall be deemed delinquent and shall be subject to the same penalty as set for delinquent ad valorem taxes for the same year in addition to any other penalty provided under this chapter. Further, delinquent waste collection fees may be collected by the City Attorney in civil suit against the responsible party if all other methods of collection fail in any manner allowed by law.

 

(D) All proceeds collected under this section shall be paid into a separate fund to pay for the collection of waste, collection of debris, upkeep and cleanliness of the city and its properties and associated administrative costs.

 

 

• 50.51 DUMPSTER USER FEE.

 

(A) Each and every resident of the city having refuse materials created in the city of a nature and size not accepted by the city’s residential waste contractor, may have use of the city dumpster for the discharge of said materials provided that: (a) the materials do not include grass, weeds, trees or other biodegradable yard materials; (b) the materials are not of a toxic or hazardous nature; and (c) the materials will be accepted by the city’s trash hauler.

 

(B) Each such qualified person shall make written application in person at the city business office between 9:00 a.m. and 3:30 p.m. to the City Clerk/Treasurer stating his or her name and address, the address of the property at which he or she resides, the date and time that materials will be transported to the dumpster, that the refuse material was created in the city, the amount of the material and the kind of material proposed for discharge. The City Clerk/Treasurer may request proof of any of the information requested and may request verification by the City Inspector that the refuse materials were created in the city and are acceptable.

 

(C) Upon satisfaction that the user meets the requirement, the City Clerk/Treasurer shall charge zero dollars ($0.00) for the first ninety-six (96) cubic feet of materials, or portion thereof, per residence, and collect a fee of forty-five dollars ($45.00) for each additional ninety-six (96) cubic feet of materials or portion thereof. The City Clerk/Treasurer shall issue the user a receipt stating the amount of materials, type of materials, date and time of discharge, and amount paid.

 

(D) The resident shall take the receipt, along with the materials to the dumpster site and present the receipt to the Superintendent of Public Works or his or her designee who shall inspect the materials and certify that the type of materials are acceptable and that the amount of materials does not exceed that stated in the receipt. Upon such finding, the user may discharge the materials into the city dumpster.

 

(E) All funds collected by the city shall be placed in the special fund created under §50.50(D).

 

 

Section II

 

This ordinance shall be in full force and effect from and after its adoption, approval and publication as is required by law.

 

PASSED by City Council of the City of Dayton, Campbell County, Kentucky assembled in regular session.

 

First Reading:    7.18.17

Second Reading:  8.1.17

_____________________________

MAYOR VIRGIL L. BORUSKE

ATTEST:

 

________________________

DONNA LEGER

CITY CLERK/TREASURER

 

 

Motion by Member Burns, seconded by Member Haas to approve 2017#15 as read.

 

ROLL CALL:

 

Member Lynn              Aye                              Member Neary                       Aye

Member Volter           Aye                              Member Baker                        Aye

Member Burns            Aye                              Member Haas                         Aye

 

Motion carried—so ordered.

 

Member Neary would like to have this ordinance on the city web page and in the Community Newspaper.

 

 

 

 

 

 

 

CITY OF DAYTON, KENTUCKY

MUNICIPAL ORDER NO. 9R

 

A MUNICIPAL ORDER ADOPTING THE AMENDED GRANT AWARD POLICIES AND PROCEDURES FOR THE COMMERCIAL COMMUNITY ADVANTAGE PROGRAM.

 

BE IT HEREBY ORDERED BY THE CITY OF DAYTON, KENTUCKY AS FOLLOWS:

 

Section I

 

That the City has authorized a Commercial Community Advantage Program to award grants to businesses in the Community based on the amended Policies and Procedures as set forth and attached hereto.

 

Section II

 

That the City authorizes the Mayor to execute any contracts and agreements necessary to the execution of this program and to take necessary actions against any grant recipient in the event that the terms in these Policies or any additional conditions are breached.

 

 

Section III

 

That this Order shall be maintained and indexed in the Official Order Book by the City Clerk/Treasurer.

 

_____________________________

MAYOR VIRGIL L. BORUSKE

 

 

 

 

 

City of Dayton, Kentucky

514 Sixth Avenue, Dayton, Kentucky 41074

 

Commercial Community Advantage Program

Policies and Procedures 2017

 

 

1. PURPOSE AND POLICY.

 

The City of Dayton is committed to the promotion of high quality development in the City’s downtown Central Business District and to an ongoing improvement in the quality of life for its citizens by enacting the Commercial Community Advantage Program (“CCAP”).  The CCAP is split into three different types of grant awards which include: (1) rental abatement; (2) uniform signage; and (3) Façade and Structural Improvement.

 

The City desires to encourage superior businesses to locate, remain, and expand in the City.  Furthermore, the City seeks to enhance its economic development efforts to attract and retain high quality development and jobs by establishing these CCAP Policies and Procedures.

 

These Policies and Procedures are established in an effort to develop and expand the local economy by:

 

(a)        Promoting and encouraging economic and small business development and redevelopment projects that enhance the City’s economic base;

 

(b)        Diversifying and expanding job opportunities;

 

(c)        Promoting and encouraging projects that create additional revenue for the city without substantially increasing the demand on City services or infrastructure;

 

(d)        Reducing the number of blighted and/or vacant commercial properties; and

 

(e)        Promoting tourism and interstate commerce.

 

The ultimate goal and public purpose of programs established hereunder is to protect and enhance the City’s fiscal ability to provide municipal services for the safety, comfort, health, welfare, and enjoyment of Dayton residents.

 

In furtherance of these objectives, the City will, on a case-by-case basis, give consideration to providing economic incentives to applicants in accordance with these Policies and Procedures as amended from time to time pursuant to the City’s authority under KRS 82.082.

 

All applicants shall be considered on a case-by-case basis.  The city has the right to reject any and all applications for any reason.

 

The following is a list of policies for the City of Dayton, Kentucky and are applicable to Dayton’s Commercial Community Advantage Program (“CCAP”).  Decisions for granting the awards should meet these policies unless there are specific and demonstrable reasons for exemption, which would be the responsibility of the City Council to rule on.  Each section of the program has an individual purpose with corresponding requirements that are unique to said section.  Funding for this program runs on a fiscal year, and funding is limited for each program. CCAP is an evolving program and all policies and guidelines are subject to change as determined by Dayton City Council.  The CCAP is subject to review and can be modified based on effectiveness, use, and demand.  No incentive monies will be released until all requirements of these Policies and Procedures are met, the application is approved, and all requirements outlined in the specific sections are satisfied.

 

 

1. DEFINITIONS.

 

Applicant: The “Applicant” is defined as a person and/or business applying with the City of Dayton for grant funds under CCAP.

 

Award Term: The “Award Term” is defined as a three (3) year term starting from the date of the application approval by the City.

 

Arms Length Transaction:  No party to the Lease Agreement, including Tenant or the business (includes owners, agents, servants, employees or assigns) is a relative of, business associate of, or shares any business interest with Landlord or Landlord’s Agent(s) (if applicable).  Further, there shall be no hidden or implied terms or special understandings between the Tenant or the business and the Landlord which have not been made part of the written Lease Agreement.

 

Central Business District: The “Central Business District” is defined pursuant to City of Dayton Code of Ordinances 154.090 and as portrayed on the City of Dayton Zoning Map.

 

City: The “City” is defined as the City of Dayton, Kentucky.

 

Main Street Manager: The “Main Street Manager” is defined as the Main Street Manager in City of Dayton Code of Ordinances 31.65 and he or she shall be responsible for the administration of CCAP.

 

City Administrator:  The City Administrator shall be responsible for the administration of CCAP in the absence of the Main Street Manager.

 

Façade and Structural Improvement: A “Façade and Structural Improvement” is defined as an addition or alteration to real property that either:

• Substantially adds to the value of the real property, or appreciably prolongs the useful life of the real property.
• Becomes part of the real property or is permanently affixed to the real property so that removal would cause material damage to the property or article itself.
• Is intended to become a permanent installation.

 

 

 

 

 

 

III. GRANT AWARDS.

 

Grant Funds under CCAP are split into three different types which include: (1) rental abatement; (2) uniform signage; and (3) Façade and Structural Improvement.  Each type is explained in detail in the following sections:

 

1. RENTAL ABATEMENT.

 

1. Purpose.

 

The rental abatement grant is available to new business tenants to alleviate some of the leasing costs incurred by these new small businesses that are starting up or relocating to the City.  The rental abatement grant has a secondary benefit to property owners by reducing vacancies.

1. Eligibility.

 

This grant is only available to NEW commercial leases signed after March 7, 2017 for businesses opening or relocating in a commercial building in the Central Business District or within the R1-JJ Historic District (HD) Overlay Zone within one hundred (100) feet of an intersection with 6th Avenue.  Eligible businesses can only receive benefits under this particular program section once.  Businesses already located in the Central Business District are not eligible.  Subleases are not eligible.  No Applicant shall be eligible for a grant more than once.

 

iii. Funding.

 

The award grant may be up to 50% of the lease payment made by the business owner for 24 consecutive months and 25% for the remaining 12 months of the contract for a total incentive period of 36 months for any NEW business opening or relocating to a commercial building in Dayton’s CBD after March 7, 2107.  There is a maximum award of $5,000/year for the first twenty-four (24) months, and maximum award of $2,500 for the last twelve (12) months per business.  Funding for this grant is limited.  Applicants will be considered on a first come, first serve basis.  All grant funds are released on a reimbursement basis.  The rental abatement program awards Funds under this type will be reimbursed to the tenant on a monthly basis based on the terms and conditions of the signed contract.

 

1. Additional Requirements.

 

In addition to the General Requirements applicable to all Applicants for CCAP grant funds, Applicants of the Rental Abatement Grant must also adhere to the following:

 

1. Provide City with copy of Applicant’s lease which must include a locked in rental rate for thirty-six (36) consecutive months.
2. Complete Affidavit certifying that the proposed or agreed upon lease between the business and landlord is an Arm’s Length Transaction.
3. Business must be initial start-up or relocate into the Commercial Business District. Any business already located in the Commercial Business District is not eligible for this Grant.
4. Notify the City of Dayton, Attn: Main Street Manager, if any lease terms are modified during the term of the award grant.

 

 

1. UNIFORM SIGNAGE.
2. Purpose.

 

The Uniform Signage Grant is available to new businesses for the purpose of promoting these new and existing businesses while creating a uniform look to the City’s Central Business District.

 

1. Eligibility.

 

The Uniform Signage Grant incentive is available to any new or existing business located in a commercial building in the Central Business District or within the R1-JJ Historic District (HD) Overlay Zone within one hundred (100) feet of an intersection with 6th Avenue.  No Applicant shall be eligible for a grant more than once.   Where feasible, blade signage is highly encourage.

 

iii. Funding.

 

The City may award funds up to $1,500 per business to be used for the design, purchase, and installation of new decorative sign or awning.   Funding for this grant is limited.  Applicants will be considered on a first come, first serve basis.  All grant funds are released on a reimbursement basis.

 

1. Additional Requirements.

 

In addition to the General Requirements applicable to all Applicants for CCAP grant funds, Applicants of the Uniform Signage Grant must also adhere to the following:

 

1. Complete a Certificate of Appropriateness and submit their design to the Board of Architectural Review for approval.
2. Ensure the completed sign complies with Dayton Zoning Ordinances that address sign regulations.
3. Obtain sign permit for City through Campbell County Planning and Zoning Office (located at 1098 Monmouth Street Newport, Kentucky 41071).
4. Decorative blade signs are preferred, although other forms will be considered upon submission.
5. e. Signs are required to have external illumination and plans for such should be proposed in the initial submission of project details.
6. Ensure signs are kept at a consistent height with the signs on either side of the proposed property.

 

 

 

1. Facade and Structural Improvement Grant.
2. Purpose.

The Facade and Structural Improvement Grant is available to assist new businesses and investors relocating into the Central Business District who have purchased to improve their facilities to ensure compliance with City Ordinances.

 

1. Eligibility.

This grant is available to anyone who has purchased a commercial building since April 1, 2015 in the City’s Central Business District or within the R1-JJ Historic District (HD) Overlay Zone within one hundred (100) feet of an intersection with 6th Avenue, who is considering: (1) starting a new business; (2) relocating an existing business not currently located in the Central Business District or within the Historic District (HD) Overlay Zone within one hundred (100) feet of an intersection with 6th Avenue or who is considering, or (3) rehabbing or constructing a building with a first floor commercial space with the intended purpose of renting the space to a commercial business.

 

iii. Funding.

 

The City may reimburse up to thirty thousand dollars ($30,000) in matching funds for Approved Facade and Structural Improvement building costs for any commercial property purchased for the moving/opening of a new business in the Central Business District for expedited rehabilitation. Once an application and work to be performed is approved and a full report is submitted by the Applicant for work completed with supporting documentation, grant funds will be released to the Applicant within 60 days of the construction projected being closed out.  If the business leaves within the terms outlined in the grant contract the owner will owe to the city a percentage of the grant funds allocated for improvements as stated in said contract.  Applicants will be considered on a first come, first serve basis.  All grant funds are released on a reimbursement basis.

 

For building owners that will be locating their commercial business in the building the City will reimburse the building owner for 75% of the approved project costs up to a $30,000 maximum.

 

For building owners that are rehabbing the commercial building to rent or sell the City will reimburse the building owner 50% of the approved project costs up to a $30,000 maximum. Approved Costs may include but are not limited to:

 

1. Façade restoration and/or improvement*
2. Major structural/electrical/plumbing improvements in need of repair and identified on a certified building inspection report. Includes repair or total replacement of the roof.*
3. Additions/Expansion for commercial business use only*
4. Added handicap accessibility features
5. Mold Removal

 

*Requires a Certificate of Appropriateness permit and possibly other permits per the Dayton City Ordinance. 

 

Priority in determining approved costs for reimbursement shall be based on: (1) added value to property; (2) correcting/mitigating violations of City Ordinances; and (3) aesthetics in conformance with the Commercial Business District and Historic District.  Other factors may be considered as deemed necessary on a cases-by-case basis by the City Administration and City Council.

 

1. Additional Requirements.

 

In addition to the General Requirements applicable to all Applicants for CCAP grant funds, Applicants of the Business Occupancy Grant must also adhere to the following:

 

1. Submit a copy of all property purchase documents including but not limited to: (1) contract for sale; (2) deed; (3) Mortgage and Promissory Note; and (4) Closing Settlement Statement.
2. Appraisal completed by a licensed professional
3. Building Inspection completed by a licensed professional.
4. Obtain a Certificate of Appropriateness where necessary.
5. Obtain County building permits where necessary.

 

1. PROGRAM REQUIREMENTS.

 

All Applicants that are granted funds must comply with all program requirements during the entire Award Term.  Applicants are also encouraged to schedule quarterly meetings with the Main Street Manager to discuss expectations, progress, and program concerns.  The requirements of CCAP include:

 

1. A Completed Application, which shall include the following information:

 

1. Applicant and Co-Applicant Name, Address, Phone Number, and Email Address.
2. Employer Identification Number.

• Proposed Property Location of Business (address, and PIDN).

1. Business Name, Address, Phone Number, and Email Address.
2. Business’s Registered Agent or Contact Person Name, Address, Phone Number and Email Address.
3. Business Plan with the following sections: Executive summary, company description, market analysis, organization and management, service or product line, marketing and sales backup, and financial history and projections.

• Past Three Years Business Tax Filings.
• Business Owner and Applicant’s work and management history.

1. Supporting information to demonstrate financial stability. Statement regarding prior business incentives received.  It is a general policy to give a higher priority to applicants that have received no incentive previously.

 

1. A City of Dayton Occupational License.

 

1. No outstanding or unpaid fines, orders, taxes (including income and payroll taxes), or bills, for the Applicant either at this proposed business location or at other locations.

 

1. A Signed Grant Contract between the Applicant and the City.

 

1. Completed Initial and Final Building Inspections through the City, Bellevue Dayton Fire Department and County Planning and Zoning Office or any combination thereof as deemed necessary. Inspections will also be scheduled before and after an approved construction project has taken place. Inspections can also occur at any time while under Award Term.

 

1. Compliance with all City of Dayton Ordinances. This shall include compliance with all zoning/building/health/fire codes, air quality codes, plus any other applicable statues and regulations. Generally, there should NOT exist any code citations against any subject property under current ownership within the past 12 months from the application date

 

1. Status Reports. Applicants shall report information about the business to the Main Street Manager on a yearly basis following the approval of grant funds through the duration of the Award Term.

 

1. Provide detailed invoices AND receipts for work completed and/or documents submitted for proof of purchase and rental agreements.

 

1. Agree, in writing, that any grant of funds is conditioned upon the new business remaining in the operation in the City of Dayton for a term outlined in the specific contracts related to the awarded grant. The term begins on the date outlined in grant contract.

 

 

1. APPLICATION AND APPROVAL PROCESS.

 

1. APPLICATION SUBMISSION.

 

Every Applicant must complete a program application specifying which type(s) of the grant funds under CCAP the Applicant desires to pursue.  The applicant must attach all required documentation outlined within the application and as required in these Policies and Procedures for the different types of grants requested.  Each section of the CCAP will require specific supplemental documentation for the desired grant section. Both the application and supporting material should be submitted to the City of Dayton, Attn: Dayton Main Street Manager/City Administrator.  It is highly encouraged for all interested parties to meet with the Main Street Manager or City Administrator before filling out and submitting an application.

 

Applicant(s) should also be aware that upon submission of an application the parties involved become subject to a criminal and financial background checks.  Any work started before the approval of an application and a signed contract will not be reimbursed through the grant.

 

1. REVIEW OF APPLICATION.

 

Each application will be reviewed in the order in which they are received. All applications will be reviewed for compliance and accuracy by the Main Street Manager/City Administrator and approved, with or without conditions, or rejected.  During this process the applicant may be required to submit additional information for clarity.  The City Administration may deny a request for any reason.

 

 

1. POST-APPROVAL REQUIREMENTS.

 

If the grant of funds are approved, the Applicant(s) will be required to sign a grant contract with the City specific to their approved type of grant funds awarded.

 

Any work started before the approval of an application with a signed contract will not be eligible for the CCAP program.  If approved, funding will be released according to the contract for the designated program section.

 

After a grant has been approved and contract signed, Applicants are encouraged to submit proof of purchases and receipts as they are received.  However, an Applicant may not submit for reimbursement any costs not outlined in the program application and agreed contract between the applicant and the City.

 

 

 

VII. PROGRAM COMPLIANCE.

 

Applicants shall comply with all Program Requirements as administered by the Main Street Manager/City Administrator.  An Applicant is Non-Compliant if the Applicant fails, either through action or lack of action, during the application phase or Award Term, to abide by the CCAP Policies and Procedures or the terms of the signed contract.  The Main Street Manager/City Administrator shall make the determination of whether an Applicant is non-compliant.

 

If at any time, an Applicant is deemed Non-Compliant, the Applicant may have the grant award suspended and be liable to repay all funds under the grant.  Should repayment of grant award funds be required, the City may place a lien on any real or personnel property belonging to the Applicant.  The Applicant shall also pay all costs and expenses incidental to any action taken by the City, including attorney’s fees, as a result of the Applicant’s Non-Compliance.

 

An Applicant will not be penalized, however, if the Applicant can demonstrate that adverse and generally accepted negative economic conditions impacted the ability of the Applicant to complete the project. However, this should not include poor management or factors that could have been prevented or foreseen.

 

An Applicant may challenge the determination of non-compliance by the Main Street Manager by appeal to the City Council in writing within thirty (30) days of the initial determination by the Main Street Manager.

 

 

 

VIII. CCAP ADMINISTRATION.

 

1. REPORTING.

 

The Main Street Manager/City Administrator will on a quarterly basis review all CCAP grants and report to the City Council for the purpose of review and departmental oversight.

 

1. DISTRUBTION OF GRANT FUNDS.

 

Grant funds shall be distributed at different intervals depending on the type of the grant that has been approved for funding.  At a minimum these requirements must be met before any work or actions may begin and monies will be released, the Applicant shall provide detailed invoices AND receipts for work completed and/or legal documents submitted for proof of purchase and rental agreements.

 

 

 

 

 

 

Motion by Member Haas, seconded by Member Baker to approve Order 2017#9R as read.

Comments:  Member Neary asked if this include existing commercial buildings for the façade & structural repair.  City Att. Edge said yes, as long as they purchase commercial property. It also is for building owners that will be locating their commercial business in the building, they may be reimbursed up to 75% of the approved project cost, up to $30,000.  Bob Yoder, Main Street Manager, reported if you own the property and locate your business City’s match is 75% and if a property owner rents the property to a business City’s match 50%.  This is nothing new as it was in the previous CCAP ordinance. We took away the 10% reimbursement for purchasing a building in the CBD. Now the highest incentive is for buying a building, improving the building, and putting your business in the building.  If the owner receives funding and leaves before the time stated, the owner will reimburse the city for the grant funds allocated for improvements.  This is stated in each contract.

 

City Administrator’ Report:

 

Request for a handicap parking space for 626 Third Avenue.  She is currently not eligible. I spoke with the owner and more information is needed.

 

Request for a handicap parking space from Johnny Boshears, 825 Thornton Street.  All the paperwork has been received and Mr. Boshears is eligible for a parking space.  Motion by Member Baker, seconded by Member Volter to approve the handicap parking space for 825 Thornton Street.  Member Neary abstained.  Motion carried—so ordered.

 

City Adm. Giffen gave council a report concerning playground equipment and an estimated budget.  This is for the new Vine Street Park. The developers have agreed to pledge something and City Adm. Giffen will talk with the Park Board about funds.  Member Burns asked about the fencing.  Will this be three sided?   Mayor Boruske said yes, because of safety issues.  New sidewalks and curbs are also needed.  City Adm. Giffen reported we have the money but may need to amend the budget.  The developer paid $15,000 for two lots.

 

City Attorney’s Report:

 

City Att. Edge asked for a motion to start foreclosure proceedings on 1103 Third Avenue.  This property has over four years of delinquent taxes and owes more than $2,100.00.  Motion by Member Volter, seconded by Member Burns to approve the foreclosure.  Motion carried—so ordered.

 

Department Head’s Report:

 

Donna Leger, Clerk/Treas., reported that Asst. Clerk Treasurer, Tiffany Myers, is now a Certified Kentucky Municipal Clerk.  Congratulations to Tiffany for all her hard work in obtaining this certification.   Request to have the Senior Citizens Picnic on Thursday, Oct. 19^th at the VFW Hall.  Motion by Member Neary, seconded by Member Haas to approve this request.  Motion carried—so ordered.

 

Bob Yoder, Main Street Manager, thanked council for approving the amended CCAP order 9R. We have a lot of improvements going on along the Avenue.  There will be a block party on Vine next to The Lodge.  This is part of a Nano Grant. This will include a band, food trucks, etc.  We should hear back on the grant for Sargeant Park sometime in October or November.  The next food truck is Thursday, August 3, with Street Chef Brigade.   After lunch stop by Hansmans for and ice cream dessert.

 

David Halfhill, Police Chief, submitted a copy of his report.  The drug arrest are up, the police department is working towards the drug problem. We had a successful drug search on Friday.

 

Mike Auteri, Fire Chief, submitted a copy of his report.  We’re working on a project called “Stop the Bleed” with St. Elizabeth Hospital.  This is a national program designed by Homeland Security to better prepare the public to help save lives. In August we’ll be losing two Firefighter/Medics, Casey Krentz and J.P.Navin.  They are both going to other department for a higher salary.  We’ve already hired Jordan Ottaway from Erlanger Fire Dept. and Cord Trowbridge from Campbell County Fire District 1.  The new ladder truck will be put into service during the second week of August.  The next Fire Board meeting will be Wed., Aug. 16, 6:00 p.m. at the Fire Station.

 

Richard McAllister, Director of Codes, reported that since the last council meeting over 100 violation letter/citations have been written.

 

Unfinished Business:

 

Member Lynn reported, the committee of Member Haas, Member Volter and Member Lynn reviewed the request from the Riverpointe Condos in reference to street lighting.  Currently the HOA pays the electric bill for the street lights.  The committee agreed the city should pay the bill. This is a city owned street.  Member Haas said he did not realize Manhattan Harbour pays for their lights.  These are both decorative lights.  This could set a precedent.  Member Neary asked if the lights are metered separately.  Member Volter responded, the landscaping lights are metered, the street lights are metered and the structural lights are all metered separately.  Member Lynn said Manhattan Harbour now has 11 street lights but more will be installed as the development continues to grow.  Member Giffen said the Riverpointe HOA will pay for lights in the common areas.  Motion by Member Lynn to pay the Cinergy bills only and the HOA would be responsible for the fixtures of the street lights, seconded by Member Neary if the electric is metered separately.  Comments:  Member Baker questioned the cost of the monthly bills at Manhattan Harbour, we are setting a precedent here.  Member Haas said this could happen in Manhattan Harbour and any other development.  City Adm. Giffen was told by David Imboden he currently pays over $1,000 a month.  Member Lynn noted the city pays for street lights on every other street in the city. City Adm. Giffen said not in Manhattan Harbour. City Att. Edge recommended adding into the motion to make it reciprocal where it’s on approval of the HOA getting into a contract under these term with the city. Motion by Member Lynn, seconded by Member Neary to add to their motion reciprocal upon the HOA getting into a contract under these terms with the city.

 

ROLL CALL:

 

Member Neary                       Aye                              Member Lynn              Aye

Member Baker                        Aye                              Member Volter           Abstained

Member Haas                         Aye                              Member Burns            Aye

 

Motion carried-so ordered.

 

New Business:

 

Member Baker would like council to re-think the demolition of the buildings on Berry Ave/701 Sixth Avenue.   Can we exit out of this agreement until we have a clearer path?  Mayor Boruske noted the majority of people want a new city building.  This has been in the works for years. City Adm. Giffen noted, we need to get these building down and start on new drawings for the City Building.  These buildings are in bad shape.  They will cost the city more money now if we keep them and more money down the road.  City Adm. Giffen noted we will have extra greenspace.  He’s working on putting together a financial packet and it’s the first time in ten years that we are moving forward on the new city building.  The construction design can start now.  These buildings are nasty.  Be realistic we’ve been planning this for ten years. We finally have the buildings. We are tearing these down to move forward.   Motion by Member Baker to halt the demolition of the houses until a better plan is in place, to be determined.  Motion dies for a lack of second.

 

Member Neary announced school starts on August 16^th and the first football game is Friday, August 25^th.

 

Motion by Member Neary, seconded by Member Volter to install two speed bumps in the alley, 600 block of Sixth Avenue between Fifth & Sixth Avenue.  Comments:  City Adm. Giffen noted it will be impossible to plow.  Member Neary noted this was a request he received from a citizen.

 

ROLL CALL:

 

Member Baker                        Aye                              Member Volter           Aye

Member Haas                         Aye                              Member Burns            Nay

Member Lynn                          Aye                              Member Neary           Aye

 

Motion carried—so ordered.

 

Open house for Dayton Highs School is August 10^th from 6:00-8:00 p.m.

 

 

Adjournment:

 

Motion by Member Volter, seconded by Member Lynn to adjourn.  Motion carried—so ordered.

 

 

 

 

Respectfully submitted,

 

 

 

 

 

Donna Leger

Clerk/Treas.

 

ATTEST:

 

 

 

 

 

Virgil L. Boruske

Mayor