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! 

Around four months ago I went before the City Commissioners and requested to go before the appeals board and was told that someone would get back with me. When no one ever got back with me I started trying to contact Mr. Riordan to find out what is happening with my request because four months sure is a long time! I also have lots of other questions for Mr. Riordan, but we’ll get into that at another time.

The more information that is uncovered about the Dayton Well Field Ordinance the more this reads like some kind of wild soap opera! Since I started publishing articles on the Dayton Well Field Ordinance I have received numerous calls and replies from readers - thanks to all of you for your input. Based on your comments and much research it appears that this ordinance is even more punitive and arbitrary than I first thought. A few of the more interesting things I have found are:

• The area being regulated has no scientific basis.
• There is no scientific evidence that this ordinance contributes anything to protect the aquifer - so it does not achieve its stated objective.
• The ordinance negatively impacts property values.
• The ordinance negatively impacts the ability to add jobs and grow a business.
• Long time Dayton businesses have left and are leaving the City of Dayton strictly because of the Well Feld ordinance.
• The City Water Department uses only the portions of the ordinance they wish to use.

After further review it also appears a huge disconnect exists between what is said about the ordinance publically and what is said internally. A Dayton Water Department Publication states the ordinance is: “Designed to balance economic development and well field protection”. However this public statement seems to be at odds with internal comments. A memo from the Environmental Advisory Board, a board that is populated and influenced by Dayton Water Department officials, states: “The program was not intended to be a balance between groundwater protection and economic development.”

In a separate letter, a former water department employee makes a nearly identical comment. It seems there is agreement within the water department, they just make sure to tell the public a different story! Publically the ordinance is a balance, privately it was NOT intended to be a balance. Which is right? In marketing they refer to such actions as bait and switch, I'm not sure what it’s called in the political arena. Unfair or unethical comes to mind.

A memo from the City Manager to the Commission just weeks before the original ordinance was passed, recognized the ordinance contained compromise. Unfortunately there is little resemblance between what was originally passed and the ordinance today. Today there is absolutely NO balance in the ordinance, just as the Water Department acknowledges internally. The reference to compromise does not exist and there is no way to change the restrictions the Dayton Water Department has placed on the properties in its jurisdiction. It’s no wonder why businesses are leaving Dayton.

Other municipalities understand the problems with the ordinance and have provided flexibility and common sense; but not Dayton. The lack of oversight by the City Manager and the Commission is truly amazing. In my opinion they have stuck their head in the sand in the hopes that this will all just go away… well it’s not. It is time to do the right thing. 

We all want to protect the aquifer and we all want to have a viable, lively city. This can be accomplished, it’s really pretty easy. The City Commission needs to revisit the original 1988 ordinance and our drinking water will be safe and businesses can expand. The ordinance was touted as a success at many levels for eight years. There was no logical reason to change it. It appears the changes did create an opportunity for some to build their resume on the back of small business. Like I said this is pretty simple, but someone has to take a leadership role soon or we will see more business leave Dayton.

I often receive the question, “What can I do to help?” and I have an answer for you. Please contact Mayor Whaley (Nan.Whaley@daytonohio.gov) and ask her to go back to the original 1988 ordinance. It’s the right thing to do to protect the aquifers, the right thing to do to help the city grow and the right thing to do to help affected businesses stay in business. 

Meanwhile I’ll be sitting by the phone anxiously waiting for Mr. Riordans phone call!

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Steve Staub is a Dayton native and an avid manufacturing industry supporter. He is the President of Staub Manufacturing Solutions and serves on the board of OhioRobotics.org, a non-profit student workforce development organization.