Hamilton chamber president: 'When it comes down to it ... it's just a bad law'

Apr. 27—Miami Conservancy District MaryLynn Lodor said the flood protection agency isn't here to penalize any community, and many in Hamilton agree.

But the century-old agency created to prevent another 1913 flood from happening announced the seventh reappraisal of benefits which threatens, according to Hamilton business and community leaders, the dozen-plus years of revitalization the city's experienced.

Lodor told this news agency Thursday she would recommend a partial pause in the process to the three-member MCD board of directors on Friday — when they hold a special meeting in Hamilton City Council Chambers, 345 High St. That will start with a 4 p.m. work session and a 5 p.m. board meeting. The meeting will be streamed live on the Journal-News and TVHamilton Facebook pages.

"I think it's extremely encouraging," said Greater Hamilton Chamber of Commerce President and CEO Dan Bates of the potential pause. "It's kind of what we really had asked for. I know there are legalities with state law that they can't flip the switch and change, but to put a pause on this and take a look at it, I think that's what everybody was asking for."

Under state law, conservancy districts cannot reappraise flood protection more frequently than every 6 years. This reappraisal is what the MCD is considering pausing.

Additionally, the Miami Conservancy District board of directors annually assigns the rate at which assessments are charged. These rates are approved by the Conservancy Court.

After the MCD announced the new assessments from its latest reappraisal, the first in a dozen years, sticker shock hit many property owners in Hamilton, including David Stark, the property manager at Hamilton's ArtSpace Lofts in the city's downtown.

Stark was one of the first people to voice their displeasure over the increase in the assessment, which he said the ArtSpace Lofts would jump from several hundred dollars a year to more than $10,800.

"It's certainly hopeful and we all appreciate the good news of the direction this seems to be going," said the organizer of the group Keep Hamilton Afloat created to oppose the MCD's latest reassessment. "But to be clear, we want much more than a pause. We want a new promise made, not so much unlike that edict made 100 years ago, but this time a promise to protect the people from both financial ruination and, as well as rising flood waters."

Hamilton City Council members, who have declined further comment until after Friday's meeting, previously had said they believe, as well as many in the community, the entirety of each county benefits from the MCD's flood protection and all property owners in the respective counties should see an assessment. In Hamilton, if the bridges were to be wiped out as they were in the 1913 flood, Butler County would be debilitated.

Mayor Pat Moeller, who has recused himself from discussions and decisions as his law office is within the MCD footprint, said the pause is good as it takes time to change laws, which is what is needed for the conservancy district to change its methodology in establishing a reappraisal of benefit assessments.

"As a lawyer, I look for solutions," said Moeller. "I've got to say as a private citizen, I also look for solutions. I think the pause is good for everybody."

The mayor also said he'd like to see more transparency in the assessment process because "I'd rather play with the cards face up than the cards face down."

Until the laws are changed, however, the Miami Conservancy District's hands were tied as they followed the guidelines outlined in state law. Moeller points out that it could take a year or two to change the law, especially since the legislature will change with the upcoming fall election.

Several Ohio lawmakers, including Butler County's state senator and three state representatives, want to change the law to be more equitable. A letter signed by now 18 legislators expresses a desire to pause the increased assessments from taking effect and meeting to discuss the needs of the MCD.

"When it comes down to it," Bates said, "it's just a bad law. It's a bad assessment and guidelines that don't work anymore for the community. I'm a firm believer that everybody benefits from this and everybody should pay a little. Everybody's willing to pay a little instead of a few people paying so much that it puts them out of business or out of their homes."

Moreover, Bates said, the people being assessed have no opportunity to represent themselves on the financial impact.

Bru's Boutique and Beyond posted on their Facebook page appreciation to the elected officials seeking change and supporting "the citizens and businesses of Hamilton who are facing what most agree is a ridiculous, unfair, unjust and basically a very poorly timed monetary assessment placed on a small number of property owners."

There is an effort by many business and community leaders to encourage as many people as possible to file an exception to the new assessments. The exception forms are for those who believe their property values aren't accurate and are taking exception to the valuation used in the assessment. However, this contingent of people are using this as another form of protest to flood the MCD with exceptions. At 6 p.m. Tuesday at Municipal Brew Works, 20 High St., there will be a gathering to assist people filing an appeal ― paper forms and laptops will be on hand ― to this most recent reappraisal scheduled, barring any pause or delays, to take effect in 2025.

Middletown City Council called a special meeting to discuss the Miami Conservancy District assessment on Monday at 5:30 p.m. in Council Chambers. The meeting is open to the public.

Middletown Mayor Elizabeth Slamka said, "The reason for the meeting is so that we can discuss and see how everyone is feeling about things."

She said the council will wait to see how the meeting goes to determine if there is more that can be said as a council together.

The proposed reassessment affects about 4,012 "protected" properties in Middletown, according to the MCD. But, much of the riverfront has not been developed.

"Fortunately, we have been affected positively by financial resources from the Miami Conservancy District to the tune of grant that will help us do some reconstruction work at the water refinery facility. That is a positive. I certainly understand Hamilton's concern with the Spooky Nook development, they are really going to take a hit. Our hit won't be nearly as significate as Hamilton's," Middletown City Manager Paul Lolli said at a council meeting earlier this month.