BUSINESS

Watch over historic buildings becoming political?

Bowdeya Tweh
btweh@enquirer.com

Real estate developers are pouring hundreds of millions of dollars into Over-the-Rhine and other Cincinnati neighborhoods to preserve or develop historic assets.

Many of those projects needed the blessing of the city’s Urban Conservator or Historic Conservation Board to move forward. Both can decide which buildings can be torn down – and which cannot.

But now, changes in personnel making those decisions are raising concerns among some about whether playing politics will trump the desire to maintain Cincinnati’s landmarks and historic neighborhoods.

Larry Harris, a 17-year city employee including six as urban conservator, left his post in Aug. 28. City officials have declined to explain the sudden departure.

Four of six members on the conservation board – Don Driehaus, Shree Kulkarni, Timothy Voss and Herbert Weiss – have served for less than a year. All four donated to Mayor John Cranley’s 2013 mayoral campaign, campaign finance records show.

“I would prefer it not be seen as a political football where we identify donors of the mayor and we fill board seats,” Over-the-Rhine Community Council President Ryan Messer said of the board.

Mayor John Cranley disputes those charges. Cranley, who initially declined comment but reversed course after an unedited version of this story was inadvertenly posted Sunday to Cincinnati.com, said he had nothing to do with Harris’ exit or the board appointments. He said it’s insulting for people to attack the integrity of highly qualified volunteers who are Historic Conservation Board members.

“I literally had nothing to do with any of that,” Cranley said. “To suggest otherwise is wrong.”

“Every administration makes new appointments to boards,” he said. “It’s not surprising there are changes. The people who the city manager has appointed have a balance of (views on) historic conservation and economic development.”

But while board appointees are listed on the city’s website, there’s no apparent location to apply for board vacancies. And while Cranley said the recent decisions were out of his hands, it’s hard to ignore the influence he could have on the appointment process, having earned a reputation for hands-on involvement in many City Hall decisions.

The changes are happening as the city faces legal challenges over the conservation board’s ability to block demolitions of property considered historic – such as the Gamble House in Westwood and the Davis Building in Over-the-Rhine. City staffing levels have also lagged as the docket of projects to supervise has grown.

The requirements for the conservator and the board “to function in a professional and thoughtful manner are higher today than they’ve ever been,” said Kevin Pape, an architect and president of the Over-the-Rhine Foundation.

Despite the changes, board members say they maintain a deep commitment to ensuring project evaluations are efficient and Cincinnati’s historic districts and landmarks have a future.

“Cincinnati is really special in terms of the work that’s gone to maintain the historic character of certain areas and I think it’s an economic benefit to the entire community,” said Michael Burson, chairman of the Historic Conservation Board.

What happened to trigger conservator’s departure?

Rumors have been buzzing in and outside City Hall following Harris’ departure.

City Council created the Urban Conservator position 35 years ago. It’s the conservator’s job to establish historic preservation objectives and ensure the city is compliant with state and federal preservation rules.

The role requires completing staff reports, conducting site visits, answering calls, and evaluating building permits among other activities. At least three years of private sector experience as an architect, planner, historic preservationist, builder or developer is required for the post.

Since 2009, Harris had reviewed plans and overseen city feedback on projects from single-building developments in Over-the-Rhine to the $48 million Washington Park renovation.

Harris was called into a meeting with top city officials in late August and he was told to quit or be fired, sources told The Enquirer. He abruptly penned a one-sentence resignation letter that same day and was told to turn in city equipment and was escorted out of the building. Hasty – and sometimes public – exits of key personnel are not uncommon under Cranley’s administration, from chief building official Amit Ghosh to Police Chief Jeffrey Blackwell.

Harris’ personnel file, which The Enquirer received under an Ohio Open Records Act request, sheds no light on if he was targeted for termination or exactly why he left.

Harris’ pre-city background was in urban planning and architecture; he also taught at University of Cincinnati’s construction sciences department. The file shows that Harris had a rocky start early in his city career as planner, with concerns about his ability to deliver projects on time. He worked to fight those perceived weaknesses and, after a demotion, he was returned to his position as senior city planner a year later.

During the last decade, Harris largely received above-average performance reviews.

“I enjoyed my time with the city and I’m looking forward to moving on with my career,” said Harris, a 60-year-old Cincinnati resident, in an interview. He declined additional comment.

City Manager Harry Black, who is the urban conservator’s boss, also initially declined comment for this story. Black later said personnel changes have no impact on how the administration views historic preservation. Since arriving in Cincinnati, Black said all personnel actions he’s overseen have been geared toward improving city government. He said staffers are evaluated on their competence, performance and productivity. When asked, Black nor Cranley provided details about the circumstances behind Harris leaving.

Angela Strunc, a supervising architect who has worked with the city’s Department of Transportation and Engineering since 2006, is serving as interim urban conservator. Through a city spokesman, she also declined comment.

City spokesman Rocky Merz said officials have yet to figure out how they’ll permanently fill the position. Merz said the decision would come after a new Building and Inspections department director takes over Nov. 2. The new leader, Art Dahlberg, was the city of Milwaukee’s commissioner of the Department of Neighborhood Services.

Patricia Bittner, an Over-the-Rhine resident, property developer and former Historic Conservation Board member, said people in Cincinnati’s real estate community “admired and respected” Harris for his work. Paul Muller, executive director of the Cincinnati Preservation Association, called him a “consistent advocate” for the city’s historic resources.

“From my experience as an architect and as a developer, I only have good things to say about Larry,” she said.

Donations by board members

worry some in community

The Historic Conservation Board is supposed to have seven members from different disciplines: historic preservation, a historian, architecture, attorney, economist and real estate or development. All of them are now represented on the board although one spot is now open.

Board memberships used to last a decade or more, but a few years ago, board tenures began to come with expiration dates. The board member with the longest tenure, Judith Spraul-Schmidt, has spent 24 years on the board.

Burson, who served as leader of Cincinnati Public Schools’ $1 billion Facilities Master Plan completed last year, said it’s good to rotate people on the board to provide fresh evaluations of historic guidelines.

Messer is among the community leaders who’ve said they’re concerned about new board members’ ties to the mayor and developers. Driehaus made four donations to Cranley’s campaign totaling $1,000 between 2012 and 2013. Kulkarni and his wife, Kirsten, made eight donations individually and through businesses totaling $8,300 in 2013. Weiss made two donations totaling $1,600 between 2012 and 2013. Voss made one donation totaling $100 in 2013.

Board members say decisions they make are not rubber stamps of proposals regardless of what political relationships developers may have. Appointments come without compensation but the responsibility of conducting site visits, attending biweekly meetings and several hours of plan reviews each week.

The Historic Conservation Board is one of nearly 20 boards where appointments are handled by the city manager. When it comes to the board, Black said candidates undergo interviews and they’re evaluated based on their backgrounds and resumes and also their ability to complete the public service work.

“They have to have some level of competency,” he said. “They have to be objective and balanced.”

Black said the open board seat could be filled by year’s end.

Developer Tim Voss said he wasn’t considering joining the board until Black asked him. He filled an opening created after Judi Craig, a vice president at the Parsons Brinkerhoff engineering and planning firm, took a job in California with the same firm.

Voss was among the co-founders of local company Middle Earth Developers and Downtown residential developments Kinsey Flats and Gibson Lofts are among the more than 50 buildings he has worked to renovate.

Voss, whose board appointment was confirmed in August, said he understands the board’s role in working to preserve what makes Cincinnati unique. “Historic preservation is one of the paths to do that,” he said.

Kulkarni’s appointment drew public criticism. The CEO of real estate development company Kulkarni Enterprises and co-owner of Solica Construction was skewered by the Over-the-Rhine Foundation for lacking dedication to historic preservation after comments he had made about the board’s review of a demolition permit.

Despite the complaints and letters opposing his appointment, only Councilwoman Yvette Simpson voted against Kulkarni. She declined comment for this story.

When The Enquirer reached Kulkarni after his appointment was confirmed, he said he was aware of the critics of his appointment. His response: “They’re entitled to their opinion.”

“Cincinnati has done a lot for me,” he said. “I made it known I wanted to be more active and give back.”

Two preservation efforts

land Cincinnati in court

Both the urban conservator and the board are busier than before, thanks in part to the real estate market’s recovery after the Great Recession.

In addition, the city now has at least 29 historic districts, the most recent of which – The Mohawk Place Historic District – was added to the National Register earlier this month. At least 30 more buildings are considered local landmarks, including the Baldwin Piano building in Walnut Hills, Downtown’s Union Central Life Annex Building and Union Terminal in Queensgate.

There were about three or four items on meeting agendas when Burson joined the board in June 2013. Agendas are usually twice as long now and the volume of work need to analyze projects has also grown.

Longer agendas and more reviews also have meant more controversy.

Making evaluations about whether development plans meet urban context and historic design guidelines can be tricky enough. But two decisions from the Historic Conservation Board within the last few years have been costly for the city in terms of litigation. It’s possible the two decisions eventually may result in payments of damages, as well.

The city is appealing a judgment against it after the Greenacres Foundation argued its property rights were restricted for several years on the Gamble House.

Greenacres, a foundation founded by the late Louis and Louise Nippert, applied for a demolition permit in 2010; residents and preservationists later attempted to rally to save the building. The 170-year-old home had been the residence of James Gamble, Procter & Gamble co-founder and the inventor of Ivory soap.

The foundation had to appeal earlier decisions that restricted the demolition and it later sued to get the city to honor its requests. Greenacres demolished the Gamble House April 1, 2013. Less than a year ago, former Hamilton County Common Pleas Court Judge Norbert Nadel ordered the city to take steps to compensate Greenacres for a “temporary regulatory taking” of property rights.

Nadel’s order is on appeal.

Over-the-Rhine property owner Banker’s Choice LLC, an affiliate of the Stough Development Corp., is suing the city after failing to get a demolition permit following Historic Conservation Board and Zoning Board of Appeals decisions.

The Davis Furniture building has been in the 1100 block of Main Street for more than a century, but Stough has argued renovation isn’t economically viable and that demolition could provide larger neighborhood benefits. During a seven-hour HCB meeting in November, representatives from development companies affirmed their interest in buying and preserving the building, including the high-powered nonprofit developer Cincinnati Center City Development Corp.

Reporter Sharon Coolidge contributed.

Making decision about the historic buildings

Interim Urban Conservator: Angela Strunc, a supervising architect who has worked with the city’s Department of Transportation and Engineering since 2006.

Historic Conservation Board chair: Michael Burson, an architect and CEO of Facility Management and Planning Services.

Historic Conservation Board vice chair: Judith Spraul-Schmidt, a historian and University of Cincinnati professor.

Historic Conservation Board members: Don Driehaus, an analyst at Fairfield-based Cincinnati Financial and former Cincinnati Metropolitan Housing Authority board member; Tim Voss, Cincinnati-based real estate developer and co-founder of now defunct real estate firm Middle Earth Developers; Shree Kulkarni, CEO of real estate firm Kulkarni Enterprises and co-owner of Solica Construction; Herbert Weiss, partner at law firm Keating Muething & Klekamp.