Mayor John Cranley and a majority of City Council appear ready to pause the $132.8 million streetcar project on Wednesday after moving forward yesterday with 11 ordinances that aren’t susceptible to referendum. The bills allocate $1.25 million to stop contracts tied to the project and hire expert consultants to study what it would cost to continue or suspend the project — information a majority of council plans to use to gauge whether the project should continue after the pause. Streetcar supporters planned to hold some sort of referendum on the pause ordinances, but Cranley, who previously spoke in favor of the “people’s sacred right of referendum,” now says that the city shouldn’t be required to continue spending on the project until voters make a final decision in November 2014, as would be required under a traditional referendum.
Meanwhile, the Federal Transit Administration yesterday announced it froze $44.9 million in federal grants for the streetcar until Cincinnati agrees to move ahead with the project. The decision shows Cranley and other opponents of the project were in the wrong when they claimed they could lobby the federal government to reallocate the grant money to other projects. But the decision should also come as little surprise to the new mayor and council, considering federal officials warned of the consequences of canceling the streetcar project on three separate occasions in the past six months.
The Haile U.S. Bank Foundation also joined the fray yesterday with an email to city officials plainly stating that the streetcar project’s cancellation “will definitely cause us to pause and reconsider whether the City can be a trusted partner” and endanger contributions to the carousel in Smale Riverfront Park, the shared-use kitchen at Findlay Market and the renovations of the Globe Building and Music Hall. The email also offered to pay for a study that would evaluate the costs of the streetcar project going forward. But Cranley brushed off the letter as a threat and argued the Haile U.S. Bank Foundation “can’t be a passive-aggressive dictator of legislative process.”
Although his nomination to the city manager spot was initially met with praise, some are beginning to raise questions about Willie Carden’s refusal to live in Cincinnati and his history, including an ethics probe that found he was wrongfully taking pay from both the city and private Parks Foundation. Councilman Chris Seelbach said he’s also worried about the process for Cranley’s pick, which didn’t involve a national search and never put any other candidates in front of council.
Democrats on the Hamilton County Board of Elections have asked state officials to investigate Republican Hamilton County Prosecutor Joe Deters for improperly voting.
Republican State Sen. Bill Seitz of Cincinnati plans to introduce on Wednesday a new version of his overhaul of the state’s renewable energy and efficiency requirements. The new version will dampen a plan that would have allowed Canadian hydroelectric power facilities to satisfy Ohio’s renewable energy requirements, but it will also allow decades-old hydro plants along the Ohio River to fulfill the requirement. Seitz and other supporters of the overhaul argue it’s necessary to make the requirements friendlier to businesses and consumers. But opponents of the bill, including businesses and environmentalists, argue it would effectively ruin Ohio’s energy requirements and, according to a study from the Ohio State University and the Ohio Advanced Energy Economy coalition, cost Ohioans $3.65 billion more on electricity bills over the next 12 years. CityBeat covered the proposal in greater detail here.
Ohio schools can now tap into a $12 million program to make their facilities safer through various new measures, including a radio system directly connected to emergency responders, cameras and intercoms. “Naturally, after Sandy Hook, I think we were all just extremely upset about that, and you want to be able to do something,” Republican State Sen. Gayle Manning told StateImpact Ohio.
A report found staff weren’t at fault for the high-profile prison suicides of Billy Slagle, whose case CityBeat covered in further detail here, and Ariel Castro, who held three women captive in his home for nearly a decade.
Popular Science argues Amazon’s plan for delivery drones isn’t realistic.
Mayor John Cranley and a majority of City Council appear ready to halt Cincinnati’s $132.8 million streetcar project on Wednesday — and voters might not get a final say on whether they approve of the pause.
In front of council are 11 ordinances totaling $1.25 million that would stop contracts tied to the streetcar project while the city hires expert consultants to review the costs of continuing or suspending the project.“I think cancellation is what we should do,” Cranley said at Monday’s council meeting. “But a majority of council wants to pause and ask questions.”
One immediate concern for supporters of the project: Because the ordinances appropriate funds, they are not susceptible to referendum.
Cranley repeatedly touted the “people’s sacred right of referendum” in opposition to the parking privatization plan while on the campaign trail, but he now argues the city shouldn’t be forced to continue spending on the streetcar project until voters make a final decision in November 2014, as would be required under a traditional referendum.
Cranley encouraged streetcar supporters to instead push a ballot initiative that doesn’t require the city to continue funding the project.
Councilman P.G. Sittenfeld, who supported a referendum on the parking plan, argued Cranley’s position was hypocritical.
“I don’t want to have the voters’ voice suppressed,” he said.
Sittenfeld on Nov. 26 announced that he’s voting to continue the streetcar project. He asked, “Are we going to have tens of millions of dollars of wasted money or something to show for it?”
In response to the concerns, Councilwoman Yvette Simpson, a streetcar supporter, said she will have her staff draw up a motion to place the streetcar project on the ballot.
But Councilman Chris Seelbach, who also supports the streetcar, countered that the ballot initiative would not matter if the project is paused and the federal government decides to effectively kill the streetcar by taking back $44.9 million in federal grants that are funding one-third of the project’s costs.
The Federal Transit Administration on Monday stated the grant money is already frozen pending a council decision to advance the project.
Simpson questioned whether the ordinances allocated enough money to pause the project. Messer Construction, Prus Construction and Delta Railroad (MPD) estimate they’ll need $590,000 to suspend work for a month. The ordinance halting MPD’s contract allocates only $100,000.
On top of the $1.25 million — or $1.74 million, if MPD’s estimate is counted — allocated to pause the project, the suspension would also force the city to pay for unemployment insurance as construction companies lay off 200 workers involved in the project. Streetcar Project Executive John Deatrick estimates that will cost $419,000 if workers are kept unemployed for a month.
So the city could pay nearly $2.16 million to pause the project for a month. In comparison, Deatrick says one month of construction would cost the city $3 million.
The pause costs would also come from the contingency fund for the streetcar project, according to Deatrick. The $7.4 million contingency fund is already counted as part of the $132.8 million project, but it could go unspent if the project continues without complications.
Deatrick on Nov. 21 warned the costs of canceling the streetcar project could nearly reach the costs of completion after accounting for $32.8 million in estimated sunk costs through November, a potential range of $30.6-$47.6 million in close-out costs and up to $44.9 million in federal grant money that would be lost if the project were terminated.
(The issue of cancellation costs was first reported by CityBeat in October as a follow-up with city officials to a July story that outlined the top 10 misrepresentations surrounding the streetcar project.)Supporters of the streetcar project argue it’s necessary to spur economic development along the planned 3.6-mile loop in Over-the-Rhine and downtown. A 2007 study from consulting firm HDR, which was later validated by the University of Cincinnati, found the project would generate a 2.7-to-1 return on investment over 35 years.
Opponents argue the project is far too expensive and the wrong priority for Cincinnati.“I believe the progress of Cincinnati is going to continue,” Cranley said. “Our future is bullish and bright in downtown and Over-the-Rhine with or without the streetcar.”
A majority of City Council expects to vote in favor of the ordinances at its full meeting on Wednesday at 2 p.m. Council members who oppose the project plan to use the time-out to weigh the costs of cancellation versus the costs of completion.
Federal grants for the $132.8 million streetcar project are on hold
until City Council votes to continue the project, according to a Dec. 2 email from the Federal Transit Administration (FTA) to Cincinnati officials.
The decision means Cincinnati can no longer tap into $44.9 million in federal grants until Mayor John Cranley and a majority of the newly sworn-in City Council, both of which have shown opposition to the streetcar project, agree to continue with ongoing construction.
“As per our telephone conversation, early last week, the Administrator decided to restrict further access to the Federal project funds until the FTA received an affirmative signal from the city’s newly elected officials that the city intends to proceed with the project on the agreed-upon schedule,” wrote Marisol Simon, FTA regional administrator in Chicago. “This measure was taken to protect the taxpayer funds not yet drawn down by the city from being subject to a potential debt collection action.”
The FTA’s decision shows Cranley and other streetcar opponents were in the wrong when they insisted they could lobby the federal government to reallocate the money to other projects, such as the interchange at Interstate 71 and Martin Luther King Drive.
But the consequence should come as little surprise to elected officials. In two letters to former Mayor Mark Mallory and a phone conference with City Council, federal officials warned the city they would pull the funding if the streetcar project were canceled.
The news comes on the same day City Council plans to vote to pause the streetcar project as the costs of cancellation are weighed against the costs of continuing.
It also comes two days after streetcar builder CAF USA warned the city of substantial costs that would be incurred if the streetcar project were canceled.
Even if council only pauses the project, Streetcar Project Executive John Deatrick says the path forward is unknown because it’s unclear how the city will fund costs associated with a pause.
The costs would presumably come out of the project’s contingency
fund, according to Deatrick, but pulling money out of the contingency
fund for a delay or pause changes the scope of the project and could face federal resistance.
On Nov. 21, Deatrick said the costs of canceling the $132.8 million streetcar project could nearly reach the costs of completion after accounting for $32.8 million in estimated sunk costs through November, a potential range of $30.6-$47.6 million in close-out costs and up to $44.9 million in federal grant money that would be lost if the project were terminated.
Mayor John Cranley and the new City Council were sworn in yesterday. Two days prior to the ceremony, Cranley announced his appointments for council committees that play a crucial role in passing legislation through City Hall, but the choices were not without controversy as Cranley, a Democrat, snubbed members of his own party for the two most powerful committees. Councilman Charlie Winburn, a Republican, will head the Budget and Finance Committee, and Councilman Christopher Smitherman, an Independent, will take control of the Law and Public Safety Committee. Democratic council members Chris Seelbach and Wendell Young also didn’t receive any appointments; both supported former Vice Mayor Roxanne Qualls in her bid against Cranley for the mayor’s office. CityBeat covered the new City Council’s priorities in further detail here.
Among the new city government’s first priorities is canceling the $132.8 million streetcar project, but not if supporters of the project have anything to say about it. Hundreds of streetcar supporters yesterday gathered in Washington Park and walked the planned streetcar route to show their solidarity. They’re threatening a referendum on any action council takes to pause or cancel the project, but some are concerned council will attach a funding measure to legislation that would allow a cancellation or pause ordinance to go into effect immediately, even if the project makes it onto the November 2014 ballot.
Meanwhile, the company in charge of building the actual streetcars wrote a letter to former Mayor Mark Mallory on Nov. 30 threatening substantial costs if the project were canceled. The letter explains that, on top of the sunk expenses on design work, cancellation would require CAF USA to pull back on various established deals with subcontractors, which would spur further costs. For streetcar supporters, the letter renews fears that canceling the streetcar could lead to litigation from contractors and subcontractors as they seek their full payday. The legal costs for such lawsuits would fall on an already-strained operating budget that pays for day-to-day services such as cops and firefighters instead of a capital budget that finances capital projects like the streetcar, according to city spokesperson Meg Olberding.
Councilman Smitherman told The Business Courier that he wasn’t aware his brother’s construction company, Jostin Construction, was involved with the streetcar project, but a 2009 press release from the local branch of the NAACP shows Smitherman acknowledging his brother’s ties to the project. Still, a Nov. 21 letter confirms that Jostin pulled out of the project. The connection is important because it presents a potential conflict of interest for Smitherman, a streetcar opponent who will likely act as one of the five necessary votes to pause and potentially cancel the project. It also raises questions about the validity of Smitherman’s anti-streetcar votes in the past few years.
Ohio is one of five states whose economy worsened in the past three months, according to an index from the Federal Reserve of Philadelphia that combines four economic indicators to gauge states’ economic health.
A Republican and Democrat in the Ohio House proposed using the $400 million in savings from the federally funded Medicaid expansion to boost the local government fund, but it seems most of the Republican leadership in the Ohio Senate intends to use the savings on a tax cut. The savings are a result of the Controlling Board’s controversial decision to expand Ohio’s Medicaid program with federal funds, which should shift some Medicaid expenses from the state to the federal level.
More women will get access to maternity leave under Obamacare.
The federally run Obamacare website relaunched in the past week, but it’s unclear if the fixes will make it easier for Ohioans to obtain health insurance.
Coming off the Thanksgiving holiday, gas prices dropped across the state.
Michelle Dillingham, who lost in her bid for City Council, started her own progressive blog: The Cincinnati Forum.
The company in charge of building Cincinnati's streetcars says the city would incur substantial costs if it cancels the streetcar project after it's already gone through some construction and design work.
The Nov. 30 letter from CAF USA Vice President Virginia Verdeja to former Mayor Mark Mallory arrived just one day before Mayor John Cranley, who opposes the streetcar project, and an anti-streetcar majority were sworn in.
"CAF will have to recover all the incurred expenses as well as all the additional cost of cancelling the contract, which would be substantial too," Verdeja writes in the letter.
The letter explains that, on top of the sunk expenses on design work, cancellation would require CAF to pull back on various established deals with subcontractors, which would spur further costs.
For streetcar supporters, the letter renews fears of litigation that could crop up if the project were canceled and contractors decided to pursue their full payday. Those legal costs would fall on the already-strained operating budget that pays for day-to-day services like police and firefighters instead of the capital budget that finances big capital projects like the streetcar, according to city spokesperson Meg Olberding.
On Nov. 21, Streetcar Project Executive John Deatrick warned the costs of canceling the $132.8 million streetcar project could nearly reach the costs of completion after accounting for $32.8 million in estimated sunk costs through November, a potential range of $30.6-$47.6 million in close-out costs and up to $44.9 million in federal grant money that would be lost if the project were terminated.
Earlier on Sunday, hundreds of streetcar supporters rallied in Washington Park and walked the planned streetcar route in support of the project. They're threatening a referendum if the new City Council moves to pause or cancel the project.
City Council plans to vote on pausing the project on Monday. Because of threats from the federal government that a mere delay could lead to the loss of federal grants, streetcar supporters claim a pause would equate to cancellation.
Read the full letter below:
Updated at 6:13 p.m. with the PDF of the letter.
Several hundred people from various local neighborhoods on Sunday gathered at Washington Park and walked along the planned streetcar route to show their support for Cincinnati's $132.8 million streetcar project.
The rally preceded a City Council vote planned for Dec. 2 that would pause the streetcar project as the freshly sworn-in city government reviews the costs of cancellation versus the costs of completion.
On Nov. 21, Streetcar Project Executive John Deatrick announced canceling ongoing construction for the project could nearly reach the cost of completing it after accounting for $32.8 million in estimated sunk costs through November, a potential range of $30.6-$47.6 million in close-out costs and up to $44.9 million in federal grant money that would be lost if the project were terminated.
Supporters at the rally vowed to hold a referendum on any council action canceling or pausing the streetcar project. If they do, construction could be forced to continue until voters make the final decision on the project in November 2014.
Councilman P.G. Sittenfeld on Nov. 26 announced his support for continuing the streetcar project, which gave streetcar supporters the four of nine council votes necessary to block an emergency clause that would make a pause or cancellation ordinance effective immediately and insusceptible to referendum.
But Ryan Messer, leader of the "We Believe in Cincinnati" group backing the streetcar project, warned that council could attempt a special legislative maneuver, such as attaching some sort of funding measure to a bill, to immunize a cancellation or pause ordinance from referendum.
Supporters of the streetcar project claim even a pause in the project could effectively act as cancellation. Federal Transit Administration Chief Counsel Dorval Carter on Nov. 25 told council members that the federal government could consider a delay in the project grounds for pulling federal funds.
Streetcar supporters argue the 3.6-mile loop, which will span from The Banks to Findlay Market in Over-the-Rhine, will produce economic development along the route and a 2.7-to-1 return on investment over 35 years — an estimate conceived through a 2007 study from consulting firm HDR that was later validated by the University of Cincinnati.
But opponents of the project, including Mayor John Cranley and at least five of nine council members, say the project is far too costly and the wrong priority for Cincinnati.
Streetcar supporters will hold a press conference the day after council's vote to announce their steps forward.
Mayor John Cranley and the new City Council were officially sworn in on Sunday after nearly a month of contentious political battles that effectively doomed the parking privatization plan and put the $132.8 million streetcar project in danger.
Cranley was joined by three newcomers to City Council — Kevin Flynn, David Mann and Amy Murray — and six re-elected council members — Chris Seelbach, Yvette Simpson, P.G. Sittenfeld, Christopher Smitherman, Charlie Winburn and Wendell Young — as they were sworn in on Dec. 1 at 11 a.m., as required by the city charter.
Already, the new mayor and council plan to move decisively on the streetcar project and parking plan. On Dec. 2, council will hold committee and full meetings to consider pausing the streetcar project as the costs of cancellation are weighed with the costs of continuation.
Streetcar Project Executive John Deatrick on Nov. 21 revealed that cancellation costs could nearly reach the the costs of completion, even before considering the cost of potential litigation from contractors already committed to ongoing construction of the project.
Council is expected to have five of nine votes to pause the project. But with Seelbach, Simpson, Sittenfeld and Young on record in support of the streetcar project, council might not have the six votes for an emergency clause that would make a pause or cancellation ordinance immediately effective and insusceptible to referendum.
If streetcar supporters successfully place a council action on the November 2014 ballot, construction could be forced to continue on the streetcar for nearly a year until voters make a final decision.
Supporters of the streetcar project argue pausing the project would effectively act as cancellation, given the federal government's warnings that any delay in the project could lead the Federal Transit Administration to yank $40.9 million in grants that are funding roughly one-third of the overall project.
A larger majority of council and Cranley also plan to quickly terminate the parking plan, which would outsource the city's parking meters, lots and garages to the Greater Cincinnati Port Authority and private companies. The previous administration pursued the deal to obtain a lump sum payment of $85 million that would have paid for various development projects around the city and helped balance the city's operating budget.
On Friday, Cranley announced his appointments to the committee chair positions that play a crucial role in deciding what legislation comes before the full body of City Council.
The appointments for two of the most powerful council committees became particularly contentious after Cranley, a Democrat, snubbed members of his own political party to build what he calls a bipartisan coalition. Winburn, a Republican, will take the Budget and Finance Committee chair, and Smitherman, an Independent, will take control of the Law and Public Safety Committee.
Mann, a Democrat who will also act as vice mayor, will lead the newly formed Streetcar Committee. He opposes the streetcar project.
Sittenfeld, a Democrat, will lead the Education and Entrepreneurship Committee; Simpson, a Democrat, will run the Human Services, Youth and Arts Committee; Murray, a Republican, will head the Major Transportation and Regional Cooperation Committee; Smitherman will chair the Economic Growth and Infrastructure Committee; and Flynn, an Independent, will preside over the Rules and Audit Committee.
Democrats Seelbach and Young won't be appointed to any committee chair positions. Both publicly supported former Vice Mayor Roxanne Qualls in her bid against Cranley for the mayor's office.
Cranley on Wednesday also unveiled Willie Carden, current director of Cincinnati Parks, as his choice for the next city manager. With council's approval appearing likely, Carden will replace City Manager Milton Dohoney, who, during his more than seven years of service, fostered Cincinnati’s nationally recognized economic turnaround, the streetcar project and the parking plan.
Beyond the streetcar project and parking plan, a majority of the new council is determined to structurally balance the operating budget without raising taxes. Some council members argue that's much easier said than done, especially since specific proposals for budget balance are few and far between.
CityBeat’s German Lopez noted on Twitter the irony of The Enquirer now supporting both the streetcar and parking plan while the candidate it endorsed attempts to unravel both — Cranley already stopped the parking plan. The comment drew a response from Enquirer Editor Carolyn Washburn, who is on the newspaper’s editorial board along with Publisher Margaret Buchanan and Editorial Page Editor David Holthaus.
The editorial includes the following paragraph: “In endorsing Cranley, we said he would ‘have to rein in his dictatorial tendencies and discipline himself to be diplomatic, respectful and collaborative.’ What we’ve seen so far is a matter for concern. Hurling insults at professionals like streetcar project manager John Deatrick isn’t what we need. Deatrick enjoys a good reputation as someone who has managed The Banks project and the rebuild of Fort Washington Way. He needs to stay on the streetcar project.”
The editorial was published the same day City Council put completing the project into law and Councilman P.G. Sittenfeld announced his decision to support the project’s completion, which Lopez pointed out leaves Council short of the six votes required for an emergency clause that would immediately halt the project without leaving it open to referendum. Without the emergency clause, streetcar supporters could gather the required signatures to put a 5-4 cancellation vote to referendum, which would force the city to continue working on the project until voters decide on it in November.
Mayor-elect Cranley will hold a vote to stop the project on Monday. With Sittenfeld set to vote against halting the project, Cranley will need either newly elected David Mann or Kevin Flynn to vote in favor of stopping it. Both are on the record as being against the project but have left room to consider the financial realities before making their final decisions.
Cranley announced this morning that he will name the new city manager at 2 p.m. today. Cranley removed former city manager Milton Dohoney last week.
A story by The Enquirer’s Mark Curnutte yesterday detailed life expectancy disparities among Cincinnati’s poor neighborhoods, finding a 20 year difference at times between citizens of predominantly black or urban Appalachian neighborhoods and people of wealthy white neighborhoods like Mount Lookout, Columbia Tusculum and Hyde Park. The Cincinnati Health Department will release more statistics Tuesday and a community discussion on the issue is set for Jan. 10.
Pope Francis yesterday criticized the world’s growing wealth disparity, mentioning things like “idolatry of money” and “a new tyranny” in a 50,000-word statement that sharply criticized trickle-down economics.
The Pope via The Washington Post:
"Some people continue to defend trickle-down theories which assume that economic growth, encouraged by a free market, will inevitably succeed in bringing about greater justice and inclusiveness in the world. This opinion, which has never been confirmed by the facts, expresses a crude and naive trust in the goodness of those wielding economic power and in the sacralized workings of the prevailing economic system. … Meanwhile, the excluded are still waiting."
OTR restaurant Kaze will begin offering lunch hours starting on Black Friday.
Away from home and tired of “Friends-giving” gatherings? Here’s a bunch of restaurants serving good stuff on Thanksgiving day.
Skip Black Friday craziness and use CityBeat’s Gift Guide to shop local this holiday season. There are also plenty of local retailers you can hit up online if you don't wait until the last minute!
If you’re traveling to some stuck-up East Coast city for Thanksgiving, charge the iPad or whatever because there are going to be some storms.
And high winds might cause the Macy’s Thanksgiving Day Parade to take all the air out of the Snoopy balloons so no one flies up into the air like in movies.
The NSA reportedly considered revealing the “porn-browsing history” of certain people considered to have ties to terrorist activity in order to discredit them.
Great, now America’s durable goods orders are down. Thanks a lot, government shutdown!
At least the country’s jobless claims are back to pre-recession levels. Thanks, Obama?
The University of Cincinnati Bearcats beat UMass Lowell in basketball last night and senior forward Justin Jackson jammed one in the hoop hard.
Councilman P.G. Sittenfeld on Monday announced he will vote to continue the $132.8 million streetcar project.
Sittenfeld’s support for the project means the incoming City Council might not have the six votes required for an emergency clause that would immediately halt the project and make a cancellation vote insusceptible to referendum.
If streetcar supporters successfully put a cancellation vote to referendum, the project would be forced to continue until the streetcar once again appears on the ballot in November 2014. The continuation would sink more costs into the project as construction is forced to progress for nearly a year.
Sittenfeld’s announcement preceded a vote from the outgoing City Council to officially write the streetcar project into law, which means Mayor-elect John Cranley, a streetcar opponent, won’t be able to take administrative action to halt the project and instead must bring the project to a City Council vote after he and other newly elected officials take office on Sunday.
The two remaining swing votes in the incoming council — David Mann, who Cranley on Monday named as his choice for vice mayor, and Kevin Flynn — previously discussed delaying the project as council analyzes whether it should permanently cancel or continue with currently ongoing construction.
But Sittenfeld equated a delay to total cancellation after warnings from the federal government made it clear that the city could lose federal funds for the project even if it only delayed progress.
If either Flynn or Mann move to support the streetcar project, streetcar proponents would gain a five-vote majority on the nine-member council to continue the project and preclude a referendum.
Sittenfeld characterized his decision as the better of “two bad choices.”
“We can pursue a project that has never earned broad public consensus and that has yet to offer a viable and sustainable budget,” he said at a press conference, “or we can scrub the project and throw away tens of millions of dollars in taxpayer money, forgo a massive federal investment and have nothing to show for the enormous effort and expense.”
To explain his decision, Sittenfeld cited concerns about how much money has been dedicated to the project at this point, including $32.8 million in sunk costs through November and a potential range of $30.6-$47.6 million in close-out costs, according to estimates from the city. Sittenfeld noted that, at the very least, half of the city’s $87.9 million share of the project will be spent even if the city pulls the plug now.
Sittenfeld also voiced concerns that pulling back from the project and effectively forfeiting $44.9 million in allocated federal funds would damage Cincinnati’s reputation with the federal government. That could hamper projects he sees as much more important, such as the $2.5 billion Brent Spence Bridge project.
“I did my part to avoid getting us into this reality, but it cannot be wished away,” Sittenfeld said.
There was one major caveat to Sittenfeld’s decision: the operating costs for the streetcar, which the city estimates at $3.4-$4.5 million a year.
Sittenfeld said the cost must not hit Cincinnati’s already-strained operating budget and instead must be paid through fares, sponsorships, private contributions and a special improvement district that would raise property taxes near the streetcar line.
A special improvement district would require a petitioning process in which property owners holding at least 60 percent of property frontage near the streetcar line would have to sign in favor of taking on higher property taxes to pay for the streetcar.
“Ultimately, that’s a decision for the citizens,” Sittenfeld said.
If the special improvement district doesn’t come to fruition, Sittenfeld cautioned that the streetcar project would be more difficult to support going forward.
Asked whether Sittenfeld thinks some of the people who voted for him will see his decision as a betrayal, he responded that his conclusion shows the “thoughtfulness and carefulness” people expect of him when it comes to taxpayer dollars, given the costs of cancellation.
For the third time, a representative from the federal government yesterday reiterated to Cincinnati officials that if the $132.8 million streetcar project is canceled, the city would lose $40.9 million in federal funds and another $4 million would be left to the discretion of the state government, which could allocate the money anywhere in Ohio. The repeated reminders are necessary as Mayor-elect John Cranley and the incoming City Council prepare to delay or potentially terminate the project once they take office in December. Federal Transit Administration (FTA) Chief Counsel Dorval Carter said even a mere delay could lead to the federal government restricting or outright terminating the federal grant deals. But Cranley, a long-time opponent of the streetcar project, appeared unfazed by the news at a press conference following Carter's thorough explanation. "If we have to, we’ll give the money back," he said.
Cranley yesterday announced his intent to appoint Councilman-elect David Mann as his vice mayor. Cranley said Mann passed the "bus test," an unfortunate hypothetical scenario in which the mayor dies after being hit by a bus. Cranley also cited Mann's numerous accomplishments, ranging from achievements at Harvard University to previous stints as mayor when top vote-getter in the City Council race automatically assumed the position. Mann promised to work with Cranley to make his administration a success and respectfully disagree but move on when the two men differ.
A Cincinnati Health Department report found life expectancy can vary by 20 years from one part of Cincinnati to another. Black men in particular can expect to live nearly 10 years less than white men. The Health Department said in a press release that it wants to find out why there's such a disparity.
A Quinnipiac University poll shows Republican Gov. John Kasich still ahead of Democratic gubernatorial candidate Ed FitzGerald in a 44 to 37 percent match-up, but FitzGerald is gaining ground. About 71 percent of Ohioans in the poll said they don't know enough about FitzGerald to form an opinion about him, so FitzGerald still has time to build positive name recognition while Kasich has an opportunity to paint his opponent in a negative light before the November 2014 election.
Hamilton County Prosecutor Joe Deters might be investigated by the Hamilton County Board of Elections for improperly voting.
Councilwoman Laure Quinlivan asked the Hamilton County Board of Elections to cancel an automatic recount of the Nov. 5 vote, which Quinlivan was entitled to after she placed 10th place in the City Council race by only 859 votes.
The grand jury for the Steubenville, Ohio, rape investigation indicted four people, including a school superintendent.
Four Ohio corrections officers were fired over the escape of an inmate serving a life sentence for rape, officials announced Monday.
The University of Cincinnati is aiming for an attendance record when it hosts Louisville for a Dec. 5 game at Nippert Stadium.
The deadline to select Medicare coverage is Dec. 7 at midnight.
Scientists could be on the verge of learning how to erase and rewrite memories.
Morning News and Stuff will most likely be out of service until Monday, Dec. 2 as CityBeat staff celebrates the Thanksgiving holiday.
Cincinnati City Council today changed a rule that stipulates which public employees must live within city limits. The move effectively exempts embattled Director of Water and Sewers Tony Parrott from having to move to the city after he was punished in June for misleading officials about his residency.
Under the new rules, only the city manager, assistant city manager, city solicitor and police chief will need to live in the city. The 6-2 decision came with some argument, however. Councilmen Kevin Flynn and Wendell Young voted against the rule change. Flynn said he felt it wasn’t fair to make concessions for someone who deliberately misled the city. Young had broader qualms with the change, saying he thinks all high-level city administration employees should have to live in the city from which they get their taxpayer-funded salaries.
“I have great difficulty with people who are in the higher part of the administration who help to create the rules and in many cases enforce the rules, and then are not subject to them,” Young said. “I don’t understand how the city of Cincinnati is good enough to work in, good enough to provide your income, but isn’t good enough to live in.”
Councilman Charlie Winburn, however, said the situation was actually the city’s fault. In 2012, the city-run sewer district merged with the water works department, which serves both the city as well as most of Hamilton County and parts of Butler and Warren Counties. Winburn says the residency requirements for Parrott’s job should have been updated at that time, since it is now effectively an agency that serves the greater region.
“Are we going to split Mr. Parrott in two now?” Winburn asked. “Do we have to get Solomon in on this thing?”
Other council members, including Councilwoman Yvette Simspon, voted for the change on legal grounds. Ohio law forbids residency requirements for some city employees, and there are questions about whether the city’s former rules complied with those laws. City solicitor Paula Boggs Muething said she believes council’s change today falls within the state’s laws.
Parrot, who has served as head of the Metropolitan Sewer District and Water Works, had listed his residence as a property on Westwood Avenue that turned out to be an empty lot he owned. Meanwhile, he was actually living in Butler County. City officials found out about the discrepancy in June and disciplined Parrott by docking him 40 hours of pay and requiring him to move into the city within 180 days. That time had elapsed and Parrott still hadn’t moved back. Parrott was granted a 45-day extension at the end of the six-month period as the city decided whether to fire him or change its rules.
Wound up in the questions about Parrott’s residency is the city’s court-ordered, $3.2 billion sewer project, a huge undertaking that will stretch into the next decade. The city was ordered to update its sewer system after a lawsuit by homeowners and environmental groups. Some council members say Parrott is integral to that ongoing process. Others, however, say that doesn’t excuse his actions.
“I understand the desire to keep this person in place,” Flynn said, acknowledging Parrott’s big role. “But I cannot support keeping someone who has been dishonest with the city and has continued to be dishonest with the city. I think that does a disservice to the rest of our city employees and to our citizens.”
Parrott has told City Manager Harry Black that he doesn’t want to live in the city for personal reasons but does want to remain at his job.
Hamilton County Commissioners voted today to axe Music Hall from a proposed sales tax increase designed to pay for renovations to that structure and Union Terminal. Now, only Union Terminal will benefit from the potential tax hike, which county voters will decide on in November. Voters won't get a chance to decide whether a similar hike will pay for Music Hall.
Mayor John Cranley and Cincinnati City Council are not happy about the change-up.
“As mayor of this city, I’m deeply offended when we’re treated as second-class citizens in our own county,” Cranley said during a vote approving the city’s contribution to renovations at today’s council meeting. “We have done our part. We will pay the tax if it is passed. In no other jurisdiction, not even Hamilton County, is being asked to cut its budget … for these institutions.”
Cranley said asking city taxpayers for more money represents a kind of double taxation, since they would also be paying the county sales tax increase.
Ostensibly, council was voting to approve annual payments toward upkeep of both Union Terminal and Music Hall for 25 years. The $200,000 yearly commitment to each building adds up to $10 million. Cranley floated the plan last week as a demonstration of the city’s commitment to the landmark buildings.
Council approved that money unanimously, but that vote is mostly symbolic now that the fragile plan to fund both renovations with a tax hike, first proposed by a cadre of area business leaders called the Cultural Facilities Task Force, has fallen through. Hamilton County Commissioners Greg Hartmann and Chris Monzel said the proposed contributions, which the city already makes, don’t represent a renewed effort to fix the buildings.
The city has also pledged another $10 million toward Music Hall repairs. Those contributions weren’t enough for Hartmann, who had been the swing vote on the three-member commission. He signaled he would not vote for the original 14-year, .25 percent sales tax increase designed to raise much of the $331 million needed to repair the buildings.
Instead, he voted with fellow Republican Monzel today for an alternate tax measure that left Music Hall out of the deal, raising $170 million over five years for renovations to Union Terminal only. Democrat Todd Portune, who supported the original plan, voted against the new deal.
Former P&G CEO Bob McDonald, who led the task force designing the original deal, said the new plan jeopardizes more than $40 million in private donations, as well as historic preservation tax credits.
"The idea that somehow there’s going to be more money falling from space or that this money will be put forward for an alternate plan is a fallacious assumption," McDonald told the Cincinnati Business Courier. "That money has been committed to us personally for this plan.”
Councilman P.G. Sittenfeld called the development “frustrating.”
“I’m not here to add gasoline to the fire, but I think logic is a fair expectation of our elected leaders, and after people have said repeatedly that plans haven’t been vetted, that questions haven’t been answered, they’ve now moved forward with something that has no vetting,” Sittenfeld said, referring to criticisms of the original plan by anti-tax groups like COAST. “I hope people don’t forget what happened eight blocks from City Hall anytime soon.”
Monzel said that the plan's details would
be worked out in the coming weeks, and that he wants to keep the county
from overextending itself.
“Going back through the real-estate records, it’s clear that time and time again the city has stepped forward,” said Councilman Kevin Flynn. He highlighted the city’s rescue of Union Terminal from a failed plan to turn it into a mall in the 1980s. The city bought the building from a developer after the plan crashed and burned. Flynn also said the city has made significant contributions to 136-year-old Music Hall's upkeep since the 1800s.
The organization’s Ridership and Development Director celebrated Metro’s announcement on Thursday that it will provide health and dental benefits to domestic partners of its employees.
Lahman said she has used same-sex partner benefits in the past, when she went back to school.
“[My partner and I] know first-hand what it means to have the flexibility and equality as others do in the workplace,” Lahman said at a press conference at Metro’s office. “This is just a fantastic day and I’m so proud that Metro is able to do the right thing.”
Metro is the first employer to say it will use Cincinnati’s domestic partner registry if the initiative passes next week in City Council. Should it pass, Cincinnati will be the 10th city in Ohio to have a domestic partner registry.
Mayor John Cranley and City Councilman Chris Seelbach attended the press conference and spoke in support of the move.
Cranley called it “symbolically and substantively right” and during the announcement shared a memory in honor of Maya Angelou, her poem “On the Pulse of Morning” at former President Bill Clinton’s inauguration in 1993.
“She ended it with ‘Good morning,’” Cranley said. “I think this is a good morning for Cincinnati, a new day.”
Many of Cincinnati’s major employers, including Procter & Gamble, Kroger and Macy’s offer same-sex and domestic partner benefits.
Seelbach said while those companies already have systems to evaluate domestic partnerships, the registry will give other companies like Metro an easy way to provide those benefits.
“We are now leaders in the nation and the region to make sure everyone is welcome in our city, regardless of who they love,” Seelbach said. “Everyone should bring their full self to their workplace and be able to do that with health benefits for their partners.”
Seelbach said while Metro is the first to say it will use the registry, other companies like Cincinnati Bell have expressed interest.
Metro is a nonprofit tax-funded public service of the Southwestern Ohio Regional Transit Authority (SORTA) with around 850 employees.
One of SORTA’s executive statements says the organization is committed to a work environment that “promotes dignity and respect for all.”
Board Chair Jason Dunn said SORTA’s commitment to inclusion is a great business decision.
“It shows that we value our employees,” Dunn said. “It shows that not only is Metro on the cutting edge of transportation but also making sure we are open to talent and we are open to retaining great talent in our system.”
Same-sex partners with a valid marriage license, same-sex partners registered by a government entity and same-sex partners with a sworn affidavit will be recognized by Metro for domestic partner benefits, which will take effect January 1, 2015.
Flaherty & Collins, the developer that wants to tear down a garage as part of its downtown grocery and apartment tower project, offered to pay for a tenant’s move to keep the deal moving forward. The tenant, Paragon Salon, recently announced its intent to sue the city after Mayor John Cranley’s refusal to pay for the salon business’s move left the development project and Paragon in a limbo of uncertainty. With Flaherty & Collins’ offer, the development deal should be able to advance without extra costs to the city.
But Cranley says he still wants 3CDC to review the downtown development project to set the best path forward.
Federal money will help Cincinnati keep and hire more
firefighters. The Staffing for Adequate Fire and Emergency Response
(SAFER) grant provides nearly $8.1 million — about 2 percent of the
city’s $370 million operating budget — to pay the salaries and benefits
of 50 firefighters for two years. Afterward, the city will need to pick
up the costs, which could worsen an operating budget gap that currently
sits at $22 million for fiscal 2015. The move would increase the
Cincinnati Fire Department’s staffing levels from 841 to 879 and help prevent brownouts, according to the firefighting agency.
The Cincinnati Board of Health defied Mayor Cranley by
unilaterally pursuing a $1.3 million grant that will provide
preventative and primary care services to underserved populations. Rocky
Merz, spokesperson for the board, says the grant application complies
with guidance from the city’s top lawyer. Cranley opposes the grant because the extra services it enables could push up costs for the city down the line.
Hamilton County officials will look for outside legal help in their fight against the city’s job training rules for Metropolitan Sewer District projects. CityBeat covered the rules, known as “responsible bidder,” in further detail here.
Smale Riverfront Park will receive $4.5 million in federal funding from the U.S. Army Corps of Engineers to control erosion and prevent flooding.
Crime around Cincinnati’s Horseshoe Casino never materialized, despite warnings from critics prior to casinos’ legalization in Ohio.
Ohio’s prison re-entry rate declined and sits well below the national average, according to a study from the Ohio Department of Rehabilitation and Correction. The study found 27.1 percent of inmates released in 2010 ended up back up in prison, down from 28.7 percent of individuals released in 2009. In comparison, the national average is 44 percent.
Hundreds of Ohio school districts plan to test out the state’s new online assessments for math, language arts, social studies and science.
The cold winter is pushing up natural gas prices, according to Ohio’s largest natural gas utility.
A second baby might have been cured of HIV, the sexually transmitted disease that causes AIDS. Even with the potential successes, doctors caution it’s still very much unclear whether the treatment provides a definitive cure for the deadly disease.
Meanwhile, a first-of-its-kind intravaginal ring could prevent pregnancy and HIV.firstname.lastname@example.org.
A group of Greenpeace protesters face burglary and vandalism charges after a stunt yesterday on the Procter & Gamble buildings. Protesters apparently teamed up with a helicopter to climb outside the P&G buildings to hang up a large sign criticizing the company for allegedly enabling the destruction of rainforests in Indonesia by working with an irresponsible palm oil supplier. P&G officials say they are looking into the protesters’ claims, but they already committed to changing how they obtain palm oil by 2015.
Cincinnati Center City Development Corp. (3CDC) will step in to resolve the status of a downtown grocery and apartment tower project. The previous city administration pushed the project as a means to bring more residential space downtown, but Mayor John Cranley refuses to pay to move a tenant in the parking garage that needs to be torn down as part of the project. Following Cranley and Councilman Chris Seelbach’s request for 3CDC’s help, the development agency will recommend a path forward and outline costs to the city should it not complete the project.
Meanwhile, the tenants in the dispute announced today that they will sue the city to force action and stop the uncertainty surrounding their salon business.
Cranley insists politics were not involved in an appointment to the Cincinnati Board of Health, contrary to complaints from the board official the mayor opted to replace. Cranley will replace Joyce Kinley, whose term expired at the end of the month, with Herschel Chalk. “Herschel Chalk, who(m) I’m appointing, has been a long-time advocate against prostate cancer, who's somebody I’ve gotten to know,” Cranley told WVXU. “I was impressed by him because of his advocacy on behalf of fighting cancer. I committed to appoint him a long time ago.”
The costs for pausing the streetcar project back in December remain unknown, but city officials are already looking into what the next phase of the project would cost.
Troubled restaurant Mahogany’s must fully pay for rent and fees by March 10 or face eviction.
Through his new project, one scientist intends to “make 100 years old the next 60.”email@example.com.
Mayor John Cranley could dismantle a deal that would produce a grocery store, 300 luxury apartments and a new parking garage downtown. Cranley says he doesn’t want millions put toward the deal, even though the developer involved plans to invest another $60 million. Councilman Chris Seelbach says the deal isn’t dead just because of the mayor’s opposition, and City Council could act to bypass the mayor, just like the legislative body did with the streetcar project and responsible bidder. To Seelbach, the deal is necessary to bring much-needed residential space and an accessible grocery store downtown.
Cincinnati officials and startup executives will try to bring Google Fiber, which provides Internet speeds 100 times faster than normal broadband, to Cincinnati. Google plans to hold a national competition to see which cities are most deserving of its fiber services. “Over the last several years, Cincinnati’s innovation ecosystem has made tremendous strides,” Councilman P.G. Sittenfeld said in a statement. “We’re increasingly becoming a magnet for talented entrepreneurs across the country who want to come here to bring their big ideas to life. We need to ensure that we have the modern technological infrastructure to make Cincinnati nationally competitive.”
Cincinnati’s operating budget gap for fiscal 2015 now stands at $22 million, up from an earlier forecast of $18.5 million, largely because of extra spending on police pushed by Cranley and a majority of City Council. The city must balance its operating budget each year, which means the large gap will likely lead to layoffs and service cuts.
Commentary: “Budget Promises Spur Fears of Cuts.”
Cranley won’t re-appoint the chair of Cincinnati’s Board of Health. When asked why, Chairwoman Joyce Kinley told City Council’s Budget and Finance Committee that Cranley told her “he had to fulfill a campaign promise.” Some city officials say they worry Cranley is putting politics over the city’s needs.
Troubled restaurant Mahogany’s needs to pay back rent or move out, The Banks’ landlord declared Monday. The deciding moment for Mahogany’s comes after months of struggles, which restaurant owner Liz Rogers blames on the slow development of the riverfront.
Kathy Wilson: “Mahogany’s: Turn Out the Lights.”
Cincinnati’s Horseshoe Casino supports 1,700 workers, making it the largest of Ohio's four voter-approved casinos.
At least one airline, Allegiant Air, plans to add flights from Cincinnati/Northern Kentucky International Airport.
Headline: “Man wakes up in body bag at funeral home.”
“A 30,000-year-old giant virus has been revived from the frozen Siberian tundra,” the Los Angeles Times firstname.lastname@example.org.
City Council yesterday expressed support for a barebones parking plan that would upgrade all meters to accept credit card payments and increase enforcement around the city, which should boost annual revenues. The plan does not increase rates or hours at meters, as Mayor John Cranley originally called for. It also doesn’t allow people to pay for parking meters through smartphones. The plan ultimately means death for the parking privatization plan, which faced widespread criticism after the previous city administration and council passed it as a means to jumpstart new investments and help fix the city’s operating budget and pension system.
Councilman Christopher Smitherman plans to pursue changes to the city’s political structure to give more power to the mayor and less to the city manager. Smitherman says the current system is broken because it doesn’t clearly define the role of the mayor. Under Smitherman’s system, the mayor would run the city and hire department heads; the city manager, who currently runs the city and handles hiring, would primarily preside over budget issues; and City Council would pass legislation and act as a check to the mayor. Smitherman aims to put the plan to voters this November.
Commentary: “WCPO’s Sloppy Streetcar Reporting Misses Real Concerns.”
The Cincinnati Art Museum maintains five political cartoons from the famed Dr. Seuss (Theodore Seuss Geisel), but none are currently on public display. The cartoons call back to the history before World War II, when most of the world played ignorant to the horrors of the Holocaust and Americans had yet to enter the war. Dr. Seuss loathed the villains on the world stage, and his cartoons promoted a message of interventionism that would eventually lead him to join the Army to help in the fight against the Axis powers. When he returned home, he would write the famous stories and books he’s now so well known for.
Mayor Cranley and some council members appear reluctant to accept a routine grant application that would allow the Cincinnati Health Department to open two more clinics because of the potential effect the clinics could have on the city’s budget. Cranley and other council members also seem concerned that the Health Department played a role in the recent closing of Neighborhood Health Care, which shut down four clinics and three school-based programs after it lost federal funding.
Ohio legislators approved a bill that forces absentee voters to submit more information and reduces the amount of time provisional voters have to confirm their identities from 10 days to one week. For Democrats, the bill adds to previous concerns that Republicans are attempting to suppress voters. The bill now goes to Gov. John Kasich, a Republican who’s expected to sign the measure into law.
The Ohio legislature continues wrangling over how to give schools more snow days.
More than 175,000 claims have been filed over winter damage, potentially making this winter one of the costliest in decades.
Robot suits could make mixed martial arts email@example.com.
The mayor and a supermajority of City Council backs efforts to establish a domestic partner registry for same-sex couples in Cincinnati, Councilman Chris Seelbach’s office announced Tuesday.
If adopted by the city, the registry will allow same-sex couples to gain legal recognition through the city. That would let same-sex couples apply for domestic partner benefits at smaller businesses, which typically don’t have the resources to verify legally unrecognized relationships, according to Seelbach’s office.
Specifically, the City Council motion asks the city administration to reach out to other cities that have adopted domestic partner registries, including Columbus and eight other Ohio cities, and establish specific guidelines.
Seelbach’s office preemptively outlined a few requirements to sign up: Same-sex couples will need to pay a $45 fee and prove strong financial interdependency by showing joint property ownership, power of attorney, a will and other unspecified requirements.
“As a result of a $45 fee to join the registry, we believe this will be entirely budget neutral, meaning it won't cost the city or the taxpayers a single dollar,” Seelbach said in a statement.
If the plan is adopted this year, Cincinnati should gain a perfect score in the next “Municipal Equality Index” from the Human Rights Campaign, an advocacy group that, among other tasks, evaluates LGBT inclusion efforts from city to city. Cincinnati scored a 90 out of 100 in the 2013 rankings, with domestic partner registries valued at 12 points.
Seelbach expects the administration to report back with a full proposal that City Council can vote on in the coming months.
Following county commissioner’s Feb. 12 meeting, the dispute between Cincinnati and Hamilton County over contracting rules for Metropolitan Sewer District (MSD) projects appears to be heading to court.
The court battle comes after the county dismissed multiple concessions from the city and put MSD’s revamp of the local sewer system on hold in protest of the city’s rules. With a federal mandate looming, both sides agree a resolution is needed soon to avoid costly fines from the federal government.
For many across the city and county, the conflict is understandably confusing. The debate has often been mired down by biased media reports and political talking points that obfuscate the issue. Jargon referencing “responsible bidder,” “local hire,” “local preference,” unions, apprenticeship programs, a pre-apprenticeship fund and contractors make it even more difficult to grasp what is going on.
Cutting through the politics, here is what the responsible bidder rules actually do and why the city and county seem incapable of compromise.
What is responsible bidder?
It’s a city ordinance that essentially forces MSD contractors to adopt job training measures known as apprenticeship programs and pay for a pre-apprenticeship fund. By requiring the training options, the city hopes workers will be able to improve their skills and successfully transition to other jobs once their MSD work is finished.
Apprenticeship programs take workers through extensive on-the-job and classroom-based training in which they can hone their skills in a specific craft, such as electrical or plumbing work. Because workers get paid for their work while participating in an apprenticeship, the programs are typically characterized as an “earn-while-you-learn” model.
The pre-apprenticeship fund will put money toward programs that will teach newcomers basic skills, such as math and reading, so they can eventually move up to an apprenticeship program.
The rules don’t apply to every MSD contractor. Contracts worth less than $400,000, which make up roughly half of MSD’s sewer revamp, are exempted.
What about local hire and local preference?
Those are ordinances separate from responsible bidder that give preference to Cincinnati-based businesses. They try to keep MSD contracts within local companies.
What’s the conflict about?
The conflict is between Cincinnati and Hamilton County, which jointly run MSD. The Democrat-controlled city supports the rules, while the Republican-controlled county opposes them.
The city and county also dispute which governing body can set policy for MSD. Under a 1968 agreement, the county owns and funds MSD, and the city operates and maintains it. City Council argues the agreement allows the city to set policy for MSD, but the county disagrees. Both sides acknowledge the set-up is far from ideal.
So, did the city’s rules halt MSD projects?
No. Nothing in the city’s ordinances forces MSD projects to stop. County commissioners singlehandedly halted MSD projects in protest of the city’s rules. If it were up to the city, work would continue today.
Why are these projects so important?
By federal decree, the city needs to revamp the sewer system to bring it up to environmentally safe standards. The project will cost $3.2 billion over 15-20 years, making it one of the most expensive in the city’s history.
If the city and county don’t carry on with the revamp soon, the federal government will begin issuing fines. By some guesses, the fines could begin rolling in by the end of the year.
Why does a majority of City Council support responsible bidder?
Councilman Chris Seelbach, the Democrat who championed the rules, says they will boost local employment and create more job training options for the city’s struggling workforce.
Other Democrats on council agree, although some, like Councilman P.G. Sittenfeld, believe the ordinance is “imperfect.”
Does responsible bidder benefit workers?
Some research suggests it would.
The left-leaning Center for American Progress (CAP) in a December report argued apprenticeship programs provide an opportunity to revitalize the U.S. workforce.
“By 2020, America is projected to experience a shortage of 3 million workers with associate’s degrees or higher and 5 million workers with technical certificates and credentials,” the report claimed. “Compounding our inadequate workforce development system, research shows that employers are now spending less on training than they have in the past. At the same time, industry surveys show that a lack of qualified workers is a top concern for many employers.”
Citing a 2012 study from Mathematica Policy Research, CAP estimated apprenticeship programs alone can boost a worker’s lifetime earnings and benefits by more than $300,000. Over 36 years of employment, that’s an average gain of nearly $8,400 a year.
Why do county commissioners oppose the rules?
In terms of policy, county commissioners say the responsible bidder rules favor unions and burden businesses.
On a legal basis, the county argues the city’s responsible bidder rules conflict with state law and the local hire and preference rules enforce unconstitutional geographic preferences.
Does responsible bidder actually favor unions?
Since unions tend to offer better and more apprenticeship programs, yes.
But the rules don’t exclude non-union businesses from participating. For example, Ohio Valley Associated Builders and Contractors maintains some non-union apprenticeship programs that would qualify under the law.
Still, most of the union favoritism debate centered around a regulation the city actually offered to give up. Specifically, under current rules employers are only eligible to contract with MSD if they have apprenticeship programs that have graduated at least one person a year for the past five years. In October, Seelbach offered to strip the mandate and replace it with an incentive program. The county seemed unmoved by the proposal.
What about businesses? Does responsible bidder burden them?
By requiring businesses to adopt apprenticeship programs and put 10 cents for each hour of labor into a pre-apprenticeship fund, the law certainly places more regulations on businesses. Whether the requirements are a burden is subjective.
John Morris, president of the Ohio Valley Associated Builders and Contractors and an opponent of the law, told CityBeat the pre-apprenticeship fund’s requirement will increase business costs by $2-3 million over 15-20 years.
Citing MSD estimates for the cost of labor, Rob Richardson, regional manager of the Laborers’ International Union of North America, said the fund will cost businesses $1.5 million.
Even if someone accepts Morris’ estimate, the requirement adds up to at most 0.1 percent of the $3.2 billion project.
More broadly, some supporters of the city’s rules question whether placing a burden on businesses is innately a bad thing. The basic point of government regulations is to make the economy and businesses work better for the public. In that sense, regulations are always going to burden businesses to some extent.
For example, financial regulations burden big banks and financial institutions. But many Americans agree the regulations are necessary to avoid another financial crisis like the one that plunged the country into the Great Recession.
Still, critics argue the extra regulations would increase the cost of business, and the impact could ultimately be felt by MSD ratepayers.
Why don’t the city and county just compromise?
They kind of tried, but it seems the philosophical split between Hamilton County Republicans and Cincinnati Democrats is too strong to reach a substantial agreement.
The city, for example, has offered multiple concessions to the county. In May, City Council modified the law to ease some requirements and add an exemption for contracts worth less than $400,000, which covers half of the contracts involved in MSD’s sewer revamp. In October, Seelbach offered to replace a strict mandate with a looser incentive program. Seelbach also told CityBeat on Feb. 6 that he would consider raising the contract exemption from $400,000 to $750,000.
In return, the county rejected the concessions and instead offered to establish aspirational inclusion goals and some funding for local job training programs — as long as the city repealed its rules altogether.
Which side would win the court battle?
It’s hard to say. Both sides — and their lawyers — seem pretty confident about their legal standing.
So what’s next?
At the current rate, it looks like the city and county are heading to court. Whether the process involves a full-on legal battle or mediation between the city and county’s lawyers remains uncertain, but it’s clear something will eventually have to give.
This blog post will be regularly updated as the situation develops.