The three measures set up $15 million to front to Duke Energy to move utility lines out of the proposed path; changes the source of funding to repay some $25 million in bonds used to pay for the streetcar; sells $14 million in bonds for streetcar improvements; and changes the municipal code to clarify that it is the responsibility of a utility to relocate its structures.
The $15 million comes from the $37 million sale of city-owned land near the former Blue Ash Airport.
Council voted 6-3 to approve the front money, improvement bonds and bond repayment, a vote that largely mirrored a Monday Budget and Finance Committee vote. Councilman Chris Smitherman was the sole “no” vote on the ordinance to change the municipal code.
Councilmembers Cecil Thomas, Wendell Young, Roxanne Qualls, Laure Quinlivan, Chris Seelbach and Yvette Simpson voted to pass funding, while Councilmembers Smitherman, P.G. Sittenfeld and Charles Winburn voted against.
“My concern with all of these votes … in particular the Blue Ash Airport dollars, these were promises that you made to the neighborhoods and I don’t have the confidence that the legal battle against Duke Energy is going to yield a 100 percent win for the city of Cincinnati, so there’s no assurance that these dollars are going to come back,” said Councilman Chris Smitherman, one of the most vocal opponents of the streetcar.
“I want to be clear that it’s something that I don’t support.”
The $15 million would be fronted to Duke to move its lines while the city and utility work out who is responsible for funding the move.
Duke estimates the full cost at $18 million and argues
that the lines would not have to be moved if the streetcar wasn’t being
built. The city maintains that it has always been the responsibility of
utilities to move or upgrade their structures — which the third measure
clarified in the municipal code. If the city loses a legal battle against Duke, it will not
recoup the $15 million.
The second proposal switches the source of funding for
streetcar bonds from money coming into city coffers from southern
downtown and the riverfront area to a 1995 fund set up to collect
service payments from the Westin/Star, Hyatt and Saks. The measure wouldn't use any additional new money for the streetcar.
That downtown area wasn’t bringing in as much cash as
expected but the city hopes to repay the other fund once the downtown
district — which includes the Banks and the casino — rebounds.
Cincinnati would save just $7.8-$52.6 million in capital costs if it incurs tens of millions in additional expenditures to cancel the $132.8 million streetcar project, according to an audit from consulting firm KPMG released Wednesday.
By showing the potentially high costs of cancellation, the numbers could throw a lifeline to the streetcar project just one day before City Council decides whether to restart construction or permanently halt the project.
But Mayor John Cranley appears undeterred in his commitment to cancel the streetcar project. By accounting for the annual costs to operate the streetcar, Cranley estimates the city will actually save $102 million if it cancels the project.
The city already spent roughly $34 million on the project, according to the audit. Cancellation would add $16.3-$46.1 million in close-out costs, bringing the total costs of cancellation and money spent so far to $50.3-$80.1 million.
Completing the project would add $68.9 million in costs, after deducting $40.9 million in remaining federal grants, the audit found.
But the completion estimate assumes the city will need to pay $15 million in utility work — a cost that is currently being debated in court. If the city wins its case against Duke Energy, the utility company would be required to pay the $15 million and bring down the total completion costs to $53.9 million.
The audit also put the costs of operating the streetcar at $3.13-$3.54 million a year, lower than the previous $3.4-$4.5 million estimate. After revenues from fares, sponsorships and other sources, the city would need to pay $1.88-$2.44 million to operate the streetcar, according to the audit.
The reduced estimate for operating costs could become particularly important in deciding the project's fate as private contributors attempt to get the cost off the city's operating budget.
Delaying the streetcar project while KPMG conducted its audit also added $1.7-$2.8 million in costs, according to the audit. The city allocated another $250,000 to pay KPMG for its work.
The audit did not account for the potential costs of litigation if contractors and investors along the planned streetcar line sue the city to recoup costs.
City Council paused the streetcar project on Dec. 4 to obtain the cost estimates of completion, cancellation and annual operations. The full body of council will decide whether to restart the project on Thursday, before a Friday deadline set by the Federal Transit Administration for federal grants.
Read the full audit:
This post was updated at 12:59 p.m. with more information and details.
Although no one seems to want to comment directly on the situation, more details are emerging about the bitter political dispute between Cincinnati City Councilman Jeff Berding and several anti-streetcar groups.
Today's an expensive day for Councilman Chris Seelbach.
That's because Seelbach is writing a check today for $1,218.59 to the city of Cincinnati to get local hyper-conservative "watchdog" group COAST to dismiss a lawsuit alleging that Seelbach's May trip to Washington, D.C., to accept an award for instigating positive change was an unlawful expenditure of taxpayer dollars.
As a refresher, we're talking about the trip when Seelbach was one of 10 community leaders around the nation selected to receive the Harvey Milk Champion of Change award for his accomplishments in protecting the city's LGBT community — particularly through his efforts to extend equal partner health insurance to all city employees, create an LGBT liaison in the city's fire and police departments and requiring anyone accepting city funding to follow a non-discrimination policy — a national recognition of championing Cincinnati's progression toward social justice in the past few years.
In an email from his campaign, he says that the city's law department wants to move forward with the lawsuit because the allegations are so frivolous, but Seelbach decided to just use his own personal money to prevent the city from having to spend close to $30,000 of the same taxpayer money COAST is complaining about to prove that they're wrong.
On Aug. 28, Chris Finney, chief crusader at COAST, sent a letter to the office of the city solicitor alleging that the city had committed a "misapplication of corporate funds" by sponsoring Chris Seelbach's May trip to Washington, D.C., complaining that Seelbach and his staffers "upgraded" their hotel rooms.
Curp says that the rooms weren't only never upgraded — Seelbach and his staffers shared rooms — but that the councilman didn't even request reimbursement for several other eligible expense, like parking, meals and taxi fares — and flew out of Louisville, Ky., to take advantage of cheaper airfare.
City Solicitor John Curp's five-page response to Finney, he refutes every claim made by COAST and ends the letter by citing an Ohio Supreme Court case that effectively ruled that private citizens (like Chris Finney and all the other COASTers) constantly contesting official acts and expenditures doesn't benefit the city and should only be allowed when it could cause serious public injury if ignored. Here's Curp's full response:
The controversial proposed supportive housing facility
for Alaska Avenue in Avondale was the main subject of a heated session
of City Council's Budget and Finance Committee today, which resulted in the committee's decision to put the project on hold for two weeks. The committee also announced its intent to allocate $5,000 for an independent mediator, which the city administration will be responsible for finding.
A slew of Avondale community members spoke out in opposition of
the project, while representatives from National Church Residences (NCR), Josh Spring of the Greater Cincinnati Homeless Coalition and Kevin Finn of Strategies to End Homelessness were some of those who publicly expressed support for the project. Many in opposition articulated concern that predominantly poor black neighborhoods such as Avondale are "targeted" for low-income housing projects like these, while supporters insist a spread of misinformation is largely responsible for the tension and that the complex is a necessary step in moving forward with the city's 2008 Homeless to Homes Plan, which explicitly cited NCR as the well-regarded nonprofit developer and manager of supportive housing facilities commissioned to bring a permanent supportive housing facility to the city.
The proposed project, coined Commons at Alaska, would be a 99-unit facility providing residency and supportive services to the area homeless population, particularly those with with severe mental health issues, physical disabilities and histories of alcohol and substance abuse. The project, which gained City Council's official support in February, has recently come under scrutiny from community group Avondale 29, Alaska Avenue residents and other community stakeholders who are fervently expressing public distaste for the facility, which they worry will threaten the safety and revitalization efforts in the neighborhood. CityBeat covered the controversy here.
Councilman Smitherman, who originally voted against Council's support for the project in February, vocally expressed his opposition, and later, Councilman Winburn rescinded his support for the project.
"It appears that maximum citizen participation did not happen... you are having hundreds of people who are not ready yet for this project. So something went wrong somewhere," he said.
Winburn was also the one to announce the motion that asked council to suspend the project for two weeks.
Both sides are expected to once again go in front of the Budget & Finance Committee on a Sept. 30 meeting.
The White House announced today that Councilman Chris Seelbach has won the Harvey Milk Champion of Change award, which recognizes 10 community leaders around the nation each year for a commitment to equality and public service.
Seelbach, Cincinnati's first openly gay council member, won the award after he was nominated by the the Gay, Lesbian and Straight Education Network (GLSEN). He will officially receive the award at a ceremony at the White House on Wednesday.
"I am humbled and proud to be recognized by the White House for my efforts on City Council and extremely grateful to the people of Cincinnati for giving me the opportunity to effect positive change in our community. In order to create a city where more people want to live, work and raise a family, we must continue fighting to make sure all people feel welcomed, valued and respected," Seelbach said in a statement.
The award recognizes Seelbach's accomplishments, but it also shows Cincinnati's progress in the past few years.
During Seelbach's time in office, the city's police and fire departments created a LGBT liaison.
Most recently, Seelbach co-sponsored a motion that will help avert police and fire layoffs in the fiscal year 2014 budget plan. He also spearheaded "responsible bidder" changes that require bidders on most Metropolitan Sewer District projects to offer apprenticeship programs.
The Harvey Milk Champion of Change award is named after Harvey Milk, who became California's first openly gay elected official when he was elected to the San Francisco Board of Supervisors in 1977. He was assassinated on Nov. 10, 1978 — only 10 months after he was sworn into office.
Two far-reaching ideas by Cincinnati's fly-by-the-seats-of-their-pants City Council is being sharply criticized by people with extensive experience in policing issues.
As City Council acts surprised about a $58 million deficit that's loomed on the horizon for months, an amount that's only fluctuated slightly due to changing revenues, members last week proposed abolishing the Cincinnati Police Department's patrol bureau and contracting those services to the Hamilton County Sheriff's Office.
The 1st Ohio District Court of Appeals released its decision this morning, just a few hours after one of the three judges who ruled against the retirees was reelected. Judge Pat Fischer, a Republican, was on the ballot Tuesday — and now there is no way to know whether the ruling could have had any adverse impact on his reelection bid.
The retirees, a group that included former City Clerk Sandy Sherman, contended their benefits could be increased, but that they were not subject to reduction. The appeals court scuttled the argument:
“At issue in this case is an ordinance enacted by the city council in 2009. The ordinance amended sections of the code pertaining to the retirement system. … After the 2009 ordinance, the plaintiff-appellants would have a deductible to $200 and out-of-pocket caps for healthcare and prescriptions of $2,000. The ordinance provided that the revisions to the retirement system would become effective on January 1, 2010.”
The appeals court said hospital and medical benefits were in addition to retirement pension payments and were not subject to vesting, which meant they could be changed by ordinance.
“The distinction between the retirement allowances and the healthcare benefits has been maintained throughout the existence of the retirement system. The distinction is significant,” the appeals court ruled.
The case could still be taken to the Ohio Supreme Court.
The following table shows the fund's assets, and the funding ratio, through 2010: