On December 22, 2009, with the executed Programmatic Agreement OHPO advised the City of Cincinnati that they had 90 days to provide an outline of local procedures that would be used to implement the agreement. Over a 150 days alter that outline is not in OHPO's hands.
Since that time there have been numerous issues and complaints over the city's lack of a proper section 106 review, including Knox Hill Citizen's federal complaint to HUD. Knox Hill, in an email communication with Larry Harris, the Urban Conservator of Cincinnati on which OHPO was cc'd on, the neighborhood requested a section 106 hearing or meeting for review of a property at 1853 Knox which the neighborhood contends is a contributing structure as is the historic retaining wall to that neighborhoods Proposed State and national Historic District application. After no response from Mr Harris and the property was declared a public nuisance by the nuisance hearing board, Knox Hill Neighborhood Association contacted OHPO to ask for a state level review of the determination.
OHPO is now asking for the city to immediately provide their outline and to also provide those documents to HUD.
OHPO has also requested information regarding 1853 Knox and has asked the city to halt demolition of 1853 Knox until they can review the documents.
In the letter from Mark Epstien, department Head of Resource Protection and review of OHPO their position is made clear:
"We have considerable concerns about the City's implementation of its Programmtic Agreement with OHPO. If the city cannot provide the information that we have requested and show that public comments have been considered, OHPO will make a dispute claim under Stipulation X of the Programmatic Agreement and may ultimately move to terminate or substantially amend the terms of the agreement".
An executed programmtic agreement is required by law for the city to recieve Federal funding. Termination of the agreement could result in the city losing federal funding though the CDBG and NSP programs.