Erlanger finds solution for elderly man worried about steep public hillside

When Jeff Niceley looks at Alice Street, he breathes a sigh of relief.

“It’s a lot less dangerous than what it was,” he said while looking at a four-board horse fence, his 88-year-old father Don Niceley next to him.

In April, Duke Energy removed a line of trees along the street’s hillside, which is public property, to protect the powerlines ahead. That left the 18-foot hill completely bare. Don Niceley uses the city's right-of-way as his driveway.

The Back Story

This spring, WCPO 9 News reported that Don and his family were concerned for his safety under the new configuration.

“If you go over now, you’re going to turn over,” Don said at the time.

Andrew Rowan/WCPO

City Administrator Peter Glenn told city council on April 16 that he started the process to get the legally required three bids for the project, and that a temporary orange barrier was installed in the meantime.

Two days later, Jeff Niceley said the city told them their lawyer determined the city isn’t liable for what happens on the hill, and thus can’t spend money on the project.

Mayor Jessica Fette said public dollars can’t be used since the project would primarily benefit a public property owner.

“(Council members) have to be able to show a public purpose in order to use taxpayer dollars. That is the most important piece of the puzzle,” Fette said.

What Happened Next

On May 17, the city’s Beautification Task Force took up the issue, according to its minutes .

Don Niceley’s daughter, Diana, is the chairwoman of the task force and a current city council member. Don is a former council member.

Diana entered this statement, in part, to the record at that meeting: “I will not be removing myself from the discussions regarding city property … I am not attempting to secure unwarranted privileges or advantages for others as stated in 43.01(B) in ethics codes.”

The meeting minutes do not indicate she made a comment on the topic, aside from allowing the city administrator to present to a larger caucus meeting.

According to the made summary by city administrator Peter Glenn at that caucus meeting, the group reached a consensus to move forward with fencing. The project was slated to begin after July 1, the start of the new budget year.

A special meeting of the Beautification Task Force was on June 18, but the minutes for that meeting have not yet been approved and WCPO 9 News has not reviewed them.

What Was Installed

Along Alice Street, crews installed a four-board horse fence. It’s similar to the one used across Dixie Highway from Alice Street on the railroad property.

Jeff Niceley also said crews dug all the roots and stumps out of the hillside. They replaced it with new soil.

On Tuesday, crews continued to add haywire to the hill. The city said it still plans to finish up a few cosmetic issues in the coming weeks.

Andrew Rowan/WCPO

What The City Is Saying

In a phone interview Tuesday, Erlanger assistant city administrator Mark Collier said the hillside project was leapfrogged by the task force to the top of the project list in the name of safety.

Collier said the cost of the project was not readily available, but that the project’s primary costs are materials like fencing and mulch. Labor is performed by the city’s public works crews. He said the task force received an annual budget of $52,000 this year.

What The Niceley Family Is Saying

“It puts us more at ease,” Jeff said. “It keeps anybody from just going down that hill and into the road.”

Jeff and Don thanked the Public Works department for their hard work.

“I think this turned out pretty nice,” said Jeff. “They got it done.”