Do the phones work at City Hall?

Have you ever called someone several times, left them messages and even sent them e-mails and got no reply? If you've experienced this, you know that it can be frustrating for both parties, especially when there is an important issue that needs to be resolved.

This happened to me recently and, frankly, I don’t understand why. I have called and left messages and sent e-mails to Dayton City Manager Tim Riordan several times over the last few months, but have never received a reply. I’m guessing that he doesn’t want to talk to me. I have been hoping that he would call me back as I have several questions for him like, "What happened to my request to go before an appeals board?"

You see I made a request to the Well Field Protection Board and it was turned down, so I have tried to go before the Well Field Protection Appeals Board. The problem is the Appeals Board does not actually exist, even though it is required by Dayton’s own laws! 

City Ordinance Negatively Impacts Business, Property Values: 8 Real Examples

The Dayton Water Department has consistently said that the Well Field Protection Program (WFPP) does not negatively impact property value or the ability to conduct business. While both statements defy common sense, as well as factual materials presented by property owners, the Board of Zoning Appeals (BZA) has consistently supported the Water Department's position regardless of the facts. The BZA rulings allow the Water Department to use the cost of litigation to do as they wish, with virtually no concern for the property owner.

The City of Dayton Water Department advocates that the ordinance is scientifically based and is needed to protect the aquifer; yet there is no science to justify the area they are regulating or support that the ordinance provides any protection to the aquifer. The facts do not seem to matter. The Water Department just wants to regulate as they wish, and is allowed to do so for the reasons I noted in a previous post.

While studying this topic I have come in contact with many companies that have been negatively affected by the ordinance. Below are a handful of examples that show that the ordinance DOES impact property values and the ability to conduct business.

Well Field regulation hinders progress, costs Dayton jobs!

If you read the previous blogs relating to the Dayton Well Field, you already know that the ordinance hinders job and economic growth, is a huge negative for business, and destroys property values while providing little, if any, protection to the aquifer.  We are at this juncture because City Management has failed to understand the implications of the ordinance and failed to question the faulty science the ordinance is built upon.  

No Oversight

Beyond that, it is now clear the Water Department enforces the ordinance as it wishes and City Management condones this behavior.  It seems the Dayton Water Department is allowed to do as they wish with no oversight, checks or balances.  While the Water Department hides behind the ordinance when it’s in their best interest to do so, they do as they wish when the ordinance conflicts with their objectives.  Here is the latest example.

City of Dayton Killing Jobs, Hurting Economic Development (Part 5)

By Steve Staub (President, Staub Manufacturing Solutions)

There are solutions to this problem other than just saying, "No".

Unfortunately, this is the current practice in Dayton. Let’s start with an understanding that 150 million to 160 million pounds of TMDI (Total Maximum Daily Inventory) materials have existed above the aquifer for at least 25 years and have not destroyed the aquifer. Let’s add that the river is the single largest source of recharge for the aquifer and the contents of the river are a far more significant risk. With this in mind let's look at some possible solutions.

Three solutions that need to be considered:

A.  Allow TMDI Growth:
This was the original intent of the ordinance. In the original ordinance there was not an approval of or an intent to set a cap on the TMDI of each property. So, if the amount of restricted material is allowed to go up to 165 million pounds to support job growth then that is a positive thing, right? There is no logical argument that 160 million pounds is an acceptable risk and 165 million pounds is not. Oh sure, 100 years ago people used to dump waste material on the ground, but that is a thing of the past. Environmental practices have evolved, it is time for the Dayton Well Field Ordinance to do the same!

It is a weak argument to advocate that any protection is provided by a time of travel line to a few hundred properties while a property just feet away has no limit and could have millions of pounds of TMDI. This aura of protection is yet another part of the ruse that surrounds this ordinance and how it’s administered.

City of Dayton Killing Jobs, Hurting Economic Development (Part 4)

By Steve Staub (President, Staub Manufacturing Solutions)

Vandalia, Riverside and Harrison Township to the rescue:

There has been a bright spot recently with this whole Dayton Well Field Protection Area fiasco. Three progressive and growing municipalities understand the problems this situation has created for local businesses. These three municipalities 'get it' and are doing the right thing! They understand that this ordinance does little to protect the aquifer and I am pleased to announce that the City of Vandalia, the City of Riverside and Harrison Township have all recently allowed local companies (including ours) to add jobs and grow their companies right here in the Dayton Region!

How did they do it? They did it by allowing companies to add to their existing TMDI (Total Maximum Daily Inventory) that was incorrectly and, in my opinion, surreptitiously imposed on every property. These three municipalities understand the restrictive nature of the ordinance and are willing to work with their businesses and not against them. 

Congratulations you three, you did the right thing!

City of Dayton Killing Jobs, Hurting Economic Development (Part 3)

By Steve Staub (President, Staub Manufacturing Solutions)

The Well Field Fund Board:

The original concept of the Well Field Protection Area was fair for the region and for local business; however, over the years the ordinance has become much more restrictive. When the program began, an automatic replenishing fund of $10,000,000 was established to be used to make property owners “whole if they were negatively affected by the Well Field Protection Area Ordinance”. The intent was and is, if the fund (which is effectively controlled by the Dayton Water Dept.) dropped below the $10 million mark it would be automatically replenished with a tax on every Dayton Water Dept. customer. 

The concept made sense and was a cornerstone concept that got the business community behind acceptance of the ordinance. Minutes from meetings as well as affidavits from former City staff document that the concept of making property owners “whole” was an integral part of the ordinance. Unfortunately, the Dayton Water Department refuses to recognize this concept.

City of Dayton Killing Jobs, Hurting Economic Development (Part 2)

By Steve Staub (President, Staub Manufacturing Solutions)

The basic problems: Absolute (and unfair) chemical inventory limits have been placed on all properties in the Well Field Protection Area and the Protected Area boundaries defy logic.

I personally know many business and property owners in the Well Field Protection Area that...

• would love the ability to use additional materials so they could expand and/or diversify their business.
• have lost renters due to the limitations of the Well Field Protection Program.
• have property zoned industrial and deemed worthless - it can't be used for industrial purposes.
• have property zoned industrial, with all utilities, that realtors won’t list for sale (have you ever heard of a realtor not listing industrial property!).
• own property in the Well Field Protection Area and have been forced to purchased land outside. the area to build and expand their businesses just so they would not have to “fight the Well Field”.

You may be wondering, "What are the "hazardous" chemicals that are limited at businesses in this protected area?" The answer is, just about everything. The list includes normal items like oil, gasoline, paint, solvents, coolants and the like, but it also contains standard household items such as cleaners, mineral spirits, printer ink, cosmetics and, yes, even White-Out!

City of Dayton Killing Jobs, Hurting Economic Development (Part 1)

By Steve Staub (President, Staub Manufacturing Solutions)

“City of Dayton recognized for killing jobs, not letting companies expand and making land worthless.” 

That should have been the title for the January 2013 edition of “Dayton Extra” an advertising publication put out by the City of Dayton. Instead the title was “Dayton has again been named a Groundwater Guardian Community by The Groundwater Foundation in recognition of the Source Water Protection Program (Well Field Protection Area)”. The Groundwater Foundation is a not-for-profit organization that anyone can join by contributing funds, so touting recognition as a milestone of accomplishment is somewhat disingenuous and self serving…but it is an award. Frankly my title is much more accurate than the one Dayton chose to run.

You might be thinking that I'm being a little harsh. Well, sometimes the truth hurts. While we do need to protect our city's water supply, we also need to use common sense and this is what seems to be lacking when it comes to Dayton’s oversight of the Well Field Protection Program. In this series of articles we will look at the history of this program, the current situation, show how other cities are working to change the situation and provide common sense solutions to this problem. In the end we will have a call to action for leaders of the City of Dayton. They created this monster and they have the ability to fix it.