City of Dayton

CITY OF DAYTON

COUNCIL MEETING

May 5, 2015

A regularmeeting of Dayton City Council was held on Tuesday, May 5, 2015, in the board meeting room of the Dayton Independent Schools Administration Building, Third & Clay St., Dayton, Kentucky.

ROLL CALL:

Mayor BoruskeAyeMember GiffordAye

Member NearyAyeMember LynnAye

Member BurnsAyeCity Adm. GiffenAye

Member TuckerAyeCity Att. EdgeAye

Member BakerAye

Mayor Boruske opened the meeting with a moment of silent prayer and led the Pledge of Allegiance.

Tony Hayes, Pastor at Dayton Bellevue Christian Church, said he has been with the church for seven years and loves Dayton. The church would like to start a 100 men pledge. The goal is 100 men would make a pledge, meet regularly, form committees and help out the community with needs. Maybe someone needs their car started, snow shoveled, etc. This would be a Christian organization with traditional values. This is a way to come together and help out the community. For more information contact Pastor Hayes at

City Administrator’s Report:

Jay Brewer, Supt., reported on the success at Lincoln Elementary School. LES is now a Proficient School and in the top 30% in the state. Enrollment is up, total enrollment is 900 students. The middle school has the highest averages among the River Cities Piers in achievement. The High School still has more work to do. The school is now offering tuition free gateway dual credit, Microsoft office certification, online learning opportunities, ACT boot camp, YMCA after school programs, summer ignition programs and health & dental services. The Kindergarten Readiness Summit will be held on May 9th. The school also offers universal preschool and all-day kindergarten. Reports are listed on the school web page.

Planning & Zoning will meet tomorrow at 7:00 p.m. The Riverfront Development will be discussed including two new phases and the pattern book.

Consent Agenda:

Motion by Member Burns, seconded by Member Baker to approve the April 7, 2015 minutes as received. Member Gifford abstained. Motion carried—so ordered.

Orders & Ordinances:

Second Reading:

CITY OF DAYTON, KENTUCKY

2015 - #2

AN ORDINANCE RESCINDING ORDINANCE 2004-09, WHICH ESTABLISHED A REVOLVING LOAN FUND.

This ordinance rescinds ordinance 2004-09, which established a revolving loan fund and was codified as Section 35.30 et. seq. in the City of Dayton Code of Ordinances.

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 Neary, seconded by Member Burns to approve 2015#2 as read.

ROLL CALL:

Member BurnsAyeMember GiffordAye

Member TuckerAyeMember LynnAye

Member BakerAyeMember NearyAye

Motion carried—so ordered.

First Reading:

CITY OF DAYTON, KENTUCKY

ORDINANCE NO. 2015-#4

AN ORDINANCE ESTABLISHING A MAIN STREET BOARD AND MANAGER TO REVITALIZE, MAINTAIN AND PROMOTE THE HISTORIC DISTRICT.

WHEREAS, the City desires to revitalize, maintain and promote the City's Historic District while maintaining the character and integrity of the City's urban core as an attractive place to live, work and visit;

WHEREAS, to achieve this end, the City desires to establish a Main Street Board; and

WHEREAS, the Main Street Board will advance these objectives directly and in cooperation with public and private entities.

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

Section I

That the following sections shall be added to the Code of Ordinances for the City of Dayton:

§34.30 Establishment.

There is hereby established a Main Street Board. The Board shall consist of either five (5), seven (7), nine (9), or eleven (11) resident members or stakeholders in the community appointed by the Mayor.

§34.31 Members and Proceedings.

(A) Terms of Office. The terms of office for members of the Board shall be four (4) years, but the term of office of members first appointed shall be staggered so that a proportionate number serve two (2) and four (4) years, respectively, and later appointments or reappointments shall continue the staggered pattern.. Members may be reappointed for additional terms but may not serve more than two consecutive terms. The members shall serve without compensation.

(B) Vacancies. Any vacancy occurring by reason of death, resignation, or removal of any member, shall be filled for the unexpired term of the member.

(C) Organization. The Board shall organize within sixty (60) days after the appointment of its initial total membership. The Board shall annually elect a Chairman, Vice Chairman, and Secretary who shall be eligible for re-election at the Board's first meeting annually. The Chairman shall preside at the meetings of the Board and shall be the spokesperson for the Board. In the Chairman's absence, the Vice Chairman shall perform these duties. The Board shall meet monthly as needed, with the exact time and date of said meeting to be determined by the Board.

(D) Quorum. Fifty percent of the members shall constitute a quorum for the transaction of business.

§34.32 Powers and Duties.

The Board shall be responsible for revitalizing, maintaining and promoting the City's Historic District while maintaining its character and integrity. The Board shall primarily focus on the City's Central Business District within the Historic District. The Board shall exercise these duties through implementation of a Main Street Program. The Board may also be a corporation with power of perpetual succession and may contract in its corporate name and be contracted with, sue and be sued, and have and use a corporate seal which may be altered or renewed at its pleasure.

§34.33 Records.

The City Clerk/Treasurer shall, on behalf of the Board, keep a set of books showing the receipts and expenditures of the Board. The books shall be open at all times for examination by the Mayor or any member of the City Council. At the conclusion of each fiscal year, the Board shall make a full and detailed report of the acts of the Board for the preceding year with a complete and itemized accounting of all receipts and disbursements of money.

Section II

That the following sections shall be added to the Code of Ordinances for the City of Dayton:

§31.65 Main Street Manager.

(A) The City hereby establishes the position of Main Street Manager, who shall be appointed by the Mayor and who may be removed by the Mayor at will.

(B) The duties of the Main Street Manager shall include daily operations management for the City's Main Street Program. Additional duties of the Main Street Manager shall be those set forth in the current job classification system adopted by the City.

Section III

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: ______

Second Reading: ______

______

MAYOR VIRGIL L. BORUSKE

ATTEST:

______

DONNA LEGER

CITY CLERK/TREASURER

First Reading:

CITY OF DAYTON, KENTUCKY

ORDINANCE NO. 2015-#5

AN ORDINANCE ESTABLISHING A CITY CIVIC ACTIVITIES BOARD TO PARTICIPATE AND ORGANIZE PUBLIC SOCIAL AND CULTURAL EVENTS IN THE CITY.

WHEREAS, the City desires to encourage social and cultural events held within the City for the benefit of its citizens;

WHEREAS, to achieve this end, the City desires to establish a Civic Activities Board to participate on behalf of the City in these events and to organize additional events for the City and its citizens; and

WHEREAS, the Civic Activities Board will promote City involvement in these events, directly and in cooperation with public and private entities thereby promoting the City, its people and its many geographical cultural advantages.

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

Section I

That the following sections shall be added to the Code of Ordinances for the City of Dayton:

§34.20 Establishment.

There is hereby established a Civic Activities Board. The Board shall consist of five (5) resident members appointed by the Mayor.

§34.21 Members.

(A) Terms of Office. The terms of office for members of the Board shall be four (4) years but the term of office of members first appointed shall be staggered so that a proportionate number serve two (2) and four (4) years, respectively, and later appointments or reappointments shall continue the staggered pattern. Members may be reappointed for additional terms. The members shall serve without compensation.

(B) Vacancies. Any vacancy occurring by reason of death, resignation, or removal of any member, shall be filled for the unexpired term of the member.

(C) Organization. The Board shall organize within sixty (60) days after the appointment of its initial total membership. The Board shall annually elect a Chairman, Vice Chairman, and Secretary, who shall be eligible for re-election at the Board's first meeting annually. The Chairman shall preside at the meetings of the Board and shall be the spokesperson for the Board. In the Chairman's absence, the Vice Chairman shall perform these duties. The Board shall meet monthly as needed, with the exact time and date of said meeting to be determined by the Board.

§34.22 Powers and Duties.

The Board shall be responsible to participate in and organize different public social and cultural events within the City for the benefit of the City and its citizens. The Board may take any action necessary and appropriate to accomplish this purpose. These public social and cultural events may include, but are not limited to the following:

(A) Easter Egg Hunt

(B) Light up Dayton

§34.23 Records.

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: ______

Second Reading: ______

______

MAYOR VIRGIL L. BORUSKE

ATTEST:

______

DONNA LEGER

CITY CLERK/TREASURER

CITY OF DAYTON, KENTUCKY

MUNICIPAL ORDER NO. 2015-7R

A MUNICIPAL ORDER GRANTING A LICENSE FOR A LITTLE FREE LIBRARY AT 415 SIXTH AVENUE, 200 CLAY STREET, AND 136 GRANT PARK DRIVE.

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

Section I

That the City grants a license for a Little Free Library to the owner(s) of 415 Sixth Avenue. 200 Clay Street, and 136 Grant Park Drive.

Section II

That the City authorizes the Mayor to execute any documents necessary to effectuate the granted license(s).

Section III

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

______

MAYOR VIRGIL L. BORUSKE

ATTEST:

______

DONNA LEGER

CITY CLERK/TREASURER

Motion by Member Neary, seconded by Member Tucker to approve 2015-7R as read.

ROLL CALL:

Member TuckerAyeMember LynnAye

Member BakerAbstainedMember NearyAye

Member GiffordAyeMember BurnsAye

Motion carried—so ordered.

Department Head’s Report:

Donna Leger, Clerk/Treas., submitted a copy of the financials.

Annie Wuestefeld, Code Enforcement Officer, has been working on violation notices, code violations and purchasing computer equipment. Annie also interviewed students at Dayton High School for a summer working program with the city. Member Neary would like to see a written report from Annie in the future.

David Halfhill, Police Chief, reported the K-9 did a sweep at the Drogie House. Nothing was found. On April 8th, resident Shannon Downard heard a noise at his neighbor house and called the police. There was a break-in and the police arrived in time to catch the suspect. Mr. Downard was not in attendance but Chief Halfhill would like to award him with an “Outstanding Citizen Award”. This means a lot to the Police Department. We need more citizens to get involved. If you need the Police CALL.

Michael Auteri, Fire Chief, submitted a copy of his report for the month of April. The report included, fire training, emergency medical training, fire inspections, 17 smoke detectors were provided, 17 burn permits were issued, Fire Board Meeting, participated in the Bellevue Vets Baseball Parade, and a pre-prom event. Chief Auteri also attended the Cincinnati Area Maritime Security Meeting. All the fire apparatus is back in service.

Anthony Cadle, Main Street, met with Go Cincinnati and the Cross Roads Church. They will plant the city flower pots on May 16th and help at the Community Garden. The Main Street Board will hold a block part with the City of Bellevue onMemorial Day between 8th & 9th on O’Fallon Ave. There will be food, drinks and music. Motion by Member Neary, seconded by Member Burns to approve the event. Motion carried—so ordered.

Anthony reported he has not had any application for CCAP but is currently working with three businesses. Kate’s catering hopes to open sometime in June. There will be an informational session on CCAP, May 7th, 6:00 p.m. in this room. If you’re looking to open a business you need to attend.

STANDING COMMITTEE REPORTS:

Finance (Member Lynn):

The committee met, and the current budget looks good. Another meeting will be held on the 2015/2016 budget and then the final budget will be sent tocouncil.

Public Safety (Member Gifford):

The committee is working with Chief Halfhill on the Block Watch Program Signs. We are also working on getting flags for the 25 wheelchairs at Speers Court.

Parks & Real Estate (Member Tucker):

The parks are getting re-mulched. The calendar of events and field scheduling is on line.

Personnel, Law & Printing (Member Neary):

Thanks to City Att. Edge for putting the city ordinances on line. In reference to the city’s pit bull ordinance, other cities have revisited these types of ordinances. Council’s responsibility is to pass legislation for public safety and to be fair. Some laws are very loose. The pitbull issue is left up to each individual community. This law has been in effect for nine years. We are working on this, things won’t happen overnight.

Economic Development (Member Baker):

A meeting will be held on May 7, 6:00 p.m. to explain CCAP. The MLB All Star game will be held in Cincinnati this year. It’s not been held in Cincinnati since July 1988. Member Baker would like to see if Major League Baseball would allow the City to televise the game at Gil Lynn Park. Photos will be taken at Gil Lynn Park on Thursday to show support for the All Star Game.

PETITIONS:

Lisa Rittenhouse, Dayton, reported she has a petition with over 4,000 signatures of which 200 are from Dayton but no petition was submitted to council. Chris Morgan, Erlanger, Tammy Nolan, Ft. Thomas, Vicki McIntyre, Katy Blanton, Cincinnati and Shana B., Ohio spoke against the pit bull ordinance. They feel like the ordinance is out dated and unproductive. Mr. Wade the owner of the animals in question said he was asked, by the animal control officer, to have a DNA test on his dog and feels this is not right. Mr. Wade said one of the dogs is a boxer lab and the other is a deaf pit bull. They never leave the yard. Mr. Wade said he has an 8’ privacy fence. They were barking from the window protecting his niece and nephew. Most of these laws have been lifted in other communities.

Mayor Boruske noted the city currently has an ordinance banning pit bulls.The city’s animal control officer said both dogs have some pit bull in them. A previous council passed this ordinance in 2006. Mayor Bourske reported he will enforce this ordinance. Council has the right to change the ordinance.

Catie B. thanked the city for opening the dialog. She has worked with other councils and will answer any questions. Shanna Bockman works with dog research and dog rescue. She feels council needs to look heavily at the ownership of the animal. Ms. Bockman said she can determine if the animal can be saved and go back into society. The dog will be put down if she feels it’s not safe. Ms. Bockman offered her services to the City. We are neutral people offering our help.

Member Gifford spoke about a friend of his, a meter reader, who had to get 200 stitches in his leg from a pit bull bite. These dogs are trained to hurt. Council needs time to review this issue. Member Neary and Member Baker both said they have been researching the issue.