CITY OF DAYTON
COUNCIL MEETING
July 18, 2017

A regular meeting of Dayton City Council was held on Tuesday, July 18, 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:

Ken Henson, 119 Fourth Avenue, asked when the developers are going to fix his property. City Adm. Giffen noted the original offer from the developer is still on the table. Mr. Henson said he has black mold, his drains are stopped up and he feels the road by his house is causing the problems. City Adm. Giffen reported Mr. Henson’s downspout is broken. Mr. Henson also noted at times water is a foot high in his basement. This has damaged his furnace. City Adm. Giffen advised the developers are at the meeting tonight and Mr. Henson can talk with them later.

Lara Stansbury, 213 Lindsey Street, requested approval to close the street in front of the First Baptist Church, Third Avenue, on August 13 from 4:30 p.m. – 7:00 p.m. The First Baptist Church would like to block off the street in front of the church for a block party. Motion by Member Burns, seconded by Member Baker to approve this request. Motion carried-so ordered.

Jim Reed, Architect, and Brendon Sullivan, Developer, addressed council asking for 20’ behind the lots that are known as the transitional site. There was always a plan to expand further back to accommodate the river flats. They will work with the city to spear head access to a trail. This would be permanent. Mr. Sullivan said they would also help with the grading issues. City Adm. Giffen said the city would still have plenty of room for the trail. KZF has seen the design and they would also have to assure the city that there is room for the trail. The engineer for KZF and the engineer for the developer would work together. Mr. Sullivan feels this will really enhance this site. This will include public parking. It will be really good for the community. Motion by Member Volter, seconded by Member Burns, to grant the additional 20’ to the developer contingent on the fact that we get it in writing from their engineer and KZF’s engineer that the trail will work in that configuration. Comments: Mr. Reed would like to add that they have permission to join the lots. There are five lots involved. We are going to change the lot boundary lines. They won’t be the same parcel numbers that they are right now. This will also allow for more of a retaining wall. This will be paid for by the developer as well as the retaining wall.

Member Haas Aye Member Burns Aye
Member Lynn Aye Member Neary Aye
Member Volter Aye Member Baker Aye

Motion carried—so ordered.

Motion by Member Volter, seconded by Member Neary that we grant the consolidation of the five lots to one configuration. Comments: Mr. Sullivan said there are actually seven lots involved, lots 1 -7. Member Volter amended his motion from five lots to seven lots and Member Neary agreed to amend his second. Motion carried—so ordered.

Member Volter would like the developers to send a brief summary to council and administration on a quarterly basis.

Mr. Sullivan thanked Mayor Boruske and City Adm. Giffen for all of their help. A lot of this would not have happened without their help. It will be about three months before all of our financing is approved. Member Volter asked for assistance with playground equipment at the Vine Street Park. Mr. Sullivan agreed he will help with the playground equipment.

Motion by Member Baker, seconded by Member Haas to approve the minutes as received from the June 6, 2017 and June 20, 2017 meeting. Motion carried—so ordered.

CITY OF DAYTON, KENTUCKY
RESOLUTION NO. 2017-8R

A RESOLUTION TO ADOPT THE NORTHERN KENTUCKY REGIONAL HAZARD MITIGATION PLAN

WHEREAS, certain areas of the City of Dayton, Kentucky are subject to periodic natural hazards, such as flooding, landslides, tornados, thunderstorms, and winter storms that have potential to cause damages to people and properties within the area;

WHEREAS, the City of Dayton desires to prepare and mitigate for such natural hazards;

WHEREAS, under the Disaster Mitigation Act of 2000, the United States Federal Emergency Management Agency (FEMA) requires that local jurisdictions have in place a FEMA-approved Hazard Mitigation Action Plan as a condition of receipt of certain future Federal mitigation funding after November 1, 2004;

WHEREAS, the Northern Kentucky Regional Hazard Mitigation Plan was developed in accordance with the regulations of the Disaster Mitigation Act of 2000 and the guidance provided by the Federal Emergency Management Agency; and

WHEREAS, to assist cities and counties in meeting this requirement, the Northern Kentucky Area Development District has facilitated the development of a multi-jurisdictional Hazard Mitigation Plan covering member jurisdictions including the City of Dayton;

WHEREAS, the City of Dayton has signed a Memorandum of Agreement that states the city’s cooperation and participation in the planning process; and

WHEREAS, the City of Dayton or its designated representative, has participated in the Hazard Mitigation Planning process:

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

Section I

That the City adopts the Northern Kentucky Regional Hazard Mitigation Plan as the official Hazard Mitigation Plan of the City of Dayton, Kentucky; and

Section II

That the City vests the Campbell County Office of Emergency Management with the responsibility, authority, and the means to: (a) inform all concerned parties of this action; and (b) develop an addendum to this Hazard Mitigation Plan if the jurisdiction’s unique situation warrants such an addendum.

Section III

That the City appoints Northern Kentucky Area Development District Regional Mitigation Committee to assure that the Hazard Mitigation Plan be reviewed according to the Plan Maintenance Procedures and that any needed adjustment to the Plan be developed and presented to the Campbell County Mitigation Committee and to the City of Dayton City Council for consideration.

Section IV

That the City agrees to consider any other official actions as may be reasonably necessary to carry out the objectives of the Northern Kentucky Regional Hazard Mitigation Action Plan for the City of Dayton, Kentucky.

Section V

That this Resolution shall be signed by the Mayor, attested by the City Clerk/Treasurer, and placed of record in the official City’s records.

So Adopted this 18th Day of July, 2017.
_____________________________
MAYOR VIRGIL L. BORUSKE

ATTEST:

________________________
DONNA LEGER
CITY CLERK/TREASURER

Motion by Member Volter, seconded by Member Lynn to approve 2017#8R as read.

ROLL CALL:

Member Haas Aye Member Burns Aye
Member Lynn Aye Member Neary Aye
Member Volter Aye Member Baker Aye

Motion carried—so ordered.

First 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

City Administrator’s Report:

Special Event Application from Dayton Eagles for their annual Battle of the Bands Event. This will be held on Saturday, July 22, from 3:00 p.m. until 12:00 a.m. The Eagles would like to close off Berry Street between Fifth & Sixth Avenue. Motion by Member Haas, seconded by Member Neary to approve the request. Motion carried—so ordered. Member Burns suggested they be considerate of St. Bernard’s Church Mass from 4:00 p.m. – 5:00 p.m.

The city advertised four items as surplus property. One bid was received. The bid was from Archie Pearson for the Cushman Dump Cart for $525.00. Motion by Member Burns, seconded by Member Neary to accept the $525.00 bid. Motion carried—so ordered.

Three bids received for demolition of 501, 503, and 505 Berry Avenue and 701 Sixth Avenue. The lowest was AFM Demolition for $38,347.00, Springs Demolition for $44,000 and O’Rourke Construction for $54,000. Motion by Member Burns, seconded by Member Haas to accept the bid from AFM Demolition for $38,347.00. Motion carried—so ordered. Member Neary wanted to make sure the lowest bidder was fully bonded. City Adm. Giffen said yes, he is confident with this company. In the past they have done work in the city. The site will be compacted to 95%. Member Baker would like to keep any items from the homes that are historical and give the residents of Dayton a chance to purchase these items. AFM Demolition will be asked if the city can salvage the historical items. Mayor Boruske noted that once a bid is accept the building and items belong to the approved bidder.

ROLL CALL:

Member Volter Aye Member Baker Nay
Member Burns Aye Member Haas Aye
Member Neary Nay Member Lynn Aye

Motion carried—so ordered.

Department Head’s Report:

Bob Yoder, Main Street Manager, passed out an updated CCAP report. Body of Art Tattoo has applied for a sign permit and will receive the rental abatement next month. The city has had four ribbon cuttings so far this year, and two food truck Thursday events at the Town Center. The next food truck will be Dayton’s own Street Chef Brigade. The city passed the RIJJ zoning ordinance change. Several business owners are moving forward on planning, etc. We have two projects up for the Duke Energy Planning Grant. Three Nano grants were award, Dayton High School Band will have a concert at the Town Center, a concert will be held at The Lodge, and Lincoln School will put a mural on their foundation facing the park. The next Main Street Meeting is Aug. 25 at 7:00 p.m.

Lt. Boyers, FDBD, reported everyone should have a copy of Chief Auteri’s report. The FDBD has been awarded a $456,191 FEMA grant for the purchase of a new pumper truck to replace its current 1996 Ferrara pumper. The Fire Department is blessed to have Karen Strickley on staff. Each city (Dayton/Bellevue) will need to pay around $11,400.00 to complete the cost of the new truck. Dayton had a structure fire on June 19 at 635 Brooklyn Ave. The house was a total loss. We would like to commend the Police for all of their help. Member Burns thanked Karen Strickley for a fantastic job in securing this grant. The extra money for the truck will come from the Fire Department equipment fund.

David Halfhill, Police Chief, submitted a copy of his report. Chief Halfhill also thanked Karen Strickley for her help with grants in the Police Department. Thanks to Bob Yoder, Main Street Manager, for his help with the Homeland Security Camera Grant.

Bob Yoder, Main Street Manager, submitted a copy of his report.

Rich McAllister, Director of Codes, did not have anything to report. Member Baker asked about couches on porches. If you have an upholstered chair on a covered porch you may be cited. Mr. McAllister said the person was cited $250.00. Member Lynn asked about 705 Boone Street. The property has been condemned. Mr. McAllister will continue to issue citations. Member Lynn asked if the property could be taken down. Mayor Boruske advised that council can ask for a foreclosure on the property because of unpaid fines or taxes.

Unfinished Business:

Member Haas asked about the Grant Park situation concerning flooding. City Adm. Giffen did receive a report on the cracks in the road on Grant Park Drive. The soil conditions are softer than they should be. City Adm. Giffen & City Att. Edge have been taking about what the next step should be. We still need information from the county. Who’s at fault, how do you fix this and who has to pay? We should have an update in a few weeks.

Member Haas also reported, when the budget was passed this year, it was said that the city had raised property taxes. This is not true. The budget increase in the tax revenue was determined by a projected increase in property values. At no point did we discuss increasing the tax rate.

Member Neary commended the Public Works Department for their work on the floodwall. Member Neary also asked about the Jamestown Pike Park. City Adm. Giffen said the conversion has been approved but they are not lifting the restriction just yet. Bob Yoder, Main Street Manager, said this was approved over a month ago. We need the approval letter.

New Business:

Member Volter received a request from the residents of Riverpointe. The HOA is paying for the street lights. This is a dedicated city street. They feel the city should be paying for the street lights. There are 13 poles and the total cost for electricity is $250.00 per month. City Adm. Giffen said the street lights are part of the deed. It was never meant to be dedicated back to the city. Mayor Boruske formed a committee to review this issue. Member Volter, Member Haas and Member Lynn will report back to council at the next meeting.

Adjournment:

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

Respectfully submitted,

Donna Leger
Clerk/Treas.

ATTEST:

Virgil L. Boruske
Mayor