In a presentation to City Council Feb. 19, City Manager Milton Dohoney Jr. unveiled an unexpected parking proposal that will solve a $25.8 million budget deficit for the 2014 fiscal year and avoid full privatization. The 30-year plan will also put more than $100 million toward economic development in the city.
The plan involves teaming up with the Port of Greater Cincinnati Development Authority and some private operators to manage and modernize Cincinnati’s parking assets. Dohoney called it a “public-public partnership” that will allow Cincinnati to keep control over rates, operation hours and the placement of meters.
The money raised by the plan will be used for multiple development projects around the city, including the I-71/MLK Interchange, Tower Place Mall and a high-rise that will house a downtown grocery store.
The new parking plan will cap rate increases at 3 percent or the cost of living, with any increases coming in 25-cent increments. Private operators will not be allowed to change operation hours, but hours will be initially expanded to 8 a.m. to 9 p.m. downtown and 7 a.m. to 9 p.m. in neighborhoods.
The proposal will not immediately increase downtown’s $2-an-hour rates, but it will increase all neighborhood parking meters to 75 cents an hour. Afterward, the rate cap will make it so downtown rates can only be increased every four years and neighborhood rates can only be increased every 10 to 11 years.
But the rate hikes will only come after technological improvements are made to parking meters. The new meters will allow users to pay with a smartphone, which will enable remote payment without walking back to the meter. After the plan’s 30 years are up, parking assets will be returned to the city with all the new technological upgrades, according to Dohoney.
Some critics were originally concerned that private operators will aggressively enforce parking rules to run bigger profits, but Dohoney said enforcement standards will remain the same.
Enforcement will be done through booting instead of towing, according to the plan. Booting will only be used after the accumulation of three unpaid parking tickets, which is similar to how towing works today. The boots will be automatically removed once the tickets are paid, which will be possible to do remotely through a smartphone.
The plan, which is a tax-exempt bond deal, will provide the city with $92 million upfront cash and $3 million in annual installments after that, although the city manager said the yearly payments will increase over time. The city originally promised $7 million a year from the deal, but Dohoney said estimates had to be brought down as more standards and limitations were attached to address expressed concerns.
The money will first be used to pay for a $25.8 million deficit in the 2014 fiscal year. Another $6.3 million will be set aside for the working cap reserve and $20.9 million will be put in a reserve to pay for a projected deficit in the 2015 fiscal year.
The rest of the funds will be used for economic development. About $20 million will go to the I-71/MLK Interchange, which would match $40 million from the state. The project is estimated to create $750 million in economic impact, with $460 million of that impact in Hamilton County. Dohoney says the economic impact will create 5,900 to 7,300 permanent jobs, and ultimately bring in $33 million in earnings taxes, which means the plan will eventually pay for itself. He also says the funding from the parking deal will allow the city and state to complete the project within two to three years, instead of the seven to 10 years it would take if the city waited for support from the federal government.
If the state does not agree to take up the I-71/MLK Interchange project, Dohoney promised a “mega job deal” that will create 2,500 jobs.
With $12 million for development and $82 million in leveraged funds, the city will also take on massive development projects downtown. Tower Place Mall will undergo a massive conversion. The city will also tear down Pogue’s Garage at Fourth and Race streets and replace it with a 30-floor high-rise that will include 300 luxury apartments, 1,000 parking spaces and a grocery store.
The plan will also use $3 million for the Wasson Line right-of-way and $4 million for the next phase of Smale Riverfront Park, which should be completed in time for the 2015 Major League Baseball All-Star Game.
AEW, Xerox, Denison and Guggenheim will partner with the city and Port Authority for the plan. AEW will manage assets, Xerox will handle parking operations and on-street spaces, Denison will operate off-street spaces and manage facilities and equipment and Guggenheim will act as underwriter and capital provider.
After the City Council hearing, Councilman P.G. Sittenfeld released a statement that raised concerns about expanded meter operation hours, which Sittenfeld fears could burden certain neighborhoods. He also pointed out the plan will not fix Cincinnati’s long-term structural deficit problems. Still, he said the local Port Authority’s management could make the plan “worthy of support.”
Sittenfeld has been skeptical of the parking plan since it was first announced in October. In the past, he warned privatization could cause parking rates to skyrocket. ©
Speaking at a press conference today, city officials did not mask their contempt for the ruling that put the parking plan on hold earlier in the day, saying it will force the city to make cuts and layoffs to balance the 2014 budget and potentially eliminate the passage of expedited legislation.
The press conference was in response to a ruling from Hamilton County Judge Robert Winkler, which opened the parking plan to referendum and ordered a permanent injunction on the plan pending any referendum effort. City Solicitor John Curp said the city is appealing the ruling.
Mayor Mark Mallory and City Manager Milton Dohoney Jr.
explained the city will now have to close a $25.8 million shortfall in
the budget for fiscal year 2014, which begins July 1.
Dohoney said he has already ordered city departments to begin
preparations for Plan B, which will lay off 344 employees, including 80
firefighter and 189 police positions, to balance projected deficits.
“Part of the irony is we're swearing in a recruit class tomorrow,” he said, then shook his head. “Too bad.”
In addition to meeting the July 1 budget deadline, the city has to expedite some layoff notices to meet union contracts, which typically require a notice 30 days in advance.
Curp said the ruling also poses significant legal challenges that will hinder the city’s ability to expedite legislation with emergency clauses. Emergency clauses are often used by City Council to remove a 30-day waiting period on passed laws, and the city argues they also remove the ability to referendum.
The layoffs could be retroactively pulled back if the city wins in appeals courts or if the referendum effort fails to gather enough petitions.
“Don't sign the petition,” Mallory said. “If you sign a petition, you're laying off a cop or firefighter.”
Dohoney said the delays make the city look sluggish — an image that he says the city has been trying to overcome. “One of the criticisms I’ve gotten is that this city takes too long to get deals done,” he said. “This complicates that.”
City Council approved the parking plan to lease the city’s parking assets to the Port of Greater Cincinnati Development Authority to help balance the budget for the next two fiscal years and fund development projects around the city, including a downtown grocery store (“Parking Stimulus,” issue of Feb. 27).
Opponents of the plan argued that there were alternatives that did not involve laying off cops or firefighters. Councilman Chris Seelbach proposed Plan S, which would redirect $7.5 million in casino revenue to help balance the deficit, cut $5 million based on the results of the city's priority-driven budgeting process and put two charter amendments on the ballot that, if approved, would include up to a $10-per-month trash fee and increase the city's admissions tax by 2 percent.
At the press conference, Mallory called the alternatives “unworkable.” He said Plan S in particular does not work because it relies on a ballot initiative that would have to be voted on in November. “We don’t have until November,” he said.
Opponents say they’re concerned the parking plan will cede too much control over the city’s parking meters, which they say will lead to a spike in parking rates.
The city says rate increases are initially capped at 3 percent or inflation — whichever is higher — but the rates can change with a unanimous vote from a special committee, approval from the city manager and a final nod from the Port Authority. The special committee would be made up of four people appointed by the Port Authority and one appointed by the city manager.
In the legal proceedings, the two sides are arguing whether emergency clauses eliminate the ability to hold a referendum on legislation. Opponents of the parking plan, headed by the Coalition Opposed to Additional Spending and Taxes (COAST), say the city charter is ambiguous with its definition of emergency clauses, and legal precedent demands courts side with voters’ right to referendum when there’s ambiguity.
Supporters of the parking plan cite state law, which says emergency legislation is not subject to referendum. Terry Nestor, who represented the city in the court hearings, said legal precedent requires the city to defer to state law as long as state law is not contradicted in the city charter.
Winkler sided with opponents of the parking plan in his decision. He wrote in his ruling, “If the people of Cincinnati had intended to exempt emergency legislation from their referendum powers, they could have done so when adopting Article II, Section 3 of the City Charter.”
Mallory says the city is not disputing voters’ right to referendum in a general sense; instead, he says the city needs to expedite the budget process to balance the budget before fiscal year 2014.
City officials say the parking plan is necessary largely because of Gov. John Kasich’s local government funding cuts, which Dohoney previously said cost Cincinnati $22.2 million in annual revenues (“Enemy of the State,” issue of March 20). Opponents argue Cincinnati had structurally imbalanced budgets years before Kasich took office, but the city says Kasich’s policies have made the situation much worse.
The parking plan is one of the few issues dividing Democratic mayoral candidates John Cranley and Vice Mayor Roxanne Qualls. Cranley opposes the plan, while Qualls supports it.
City Manager Milton Dohoney Jr. and other city administration officials say the city will have to carry out Plan B, which would lay off 344 city employees, including 189 cops and 80 firefighters. But council members Chris Seelbach, P.G. Sittenfeld, Charlie Winburn and Chris Smitherman claim there are other ways — casino revenue and cuts elsewhere — to balance the budget.
The meeting got testy after a few council members called the city administration “disingenuous” for framing Plan B and the parking plan as the only two budget options, prompting Mayor Mark Mallory to slam council members for attempting to pin the city’s budget woes on the city administration.
“I don’t think anyone in the administration wants to see their colleagues laid off,” Mallory said. “The administration makes a recommendation to this mayor and to this council. The final decision makers are the elected leaders.”
He added, “What’s disingenuous is to create a crisis and then criticize the administration for its response to the crisis when those responsible for dealing with the crisis are the elected leaders. It would be like an arsonist setting a building on fire and then complaining about how long it took the fire department to get there and what equipment they used to put out the fire.”
Lea Eriksen, the city’s budget director, said the ideas she heard at the special session today would not be enough to close the budget gap.
Throughout the discussion, the city administration repeatedly dismissed ideas presented by council members as not enough to overcome the city’s $35 million deficit and avoid layoffs. By the city administration’s admission, even Plan B would only close about $26 million of the projected deficit.
How that budget gap is closed may come with additional expenses. Eriksen said the budget gap may reach $45 million if the city carries out Plan B because the city would also be forced to pay for accrued leave and unemployment insurance.
Still, Assistant City Manager David Holmes admitted the city could balance the deficit without Plan B or the parking plan, but the numbers must “add up” and would require direction from City Council.
When the discussion came to casino revenues, Holmes said the city administration feels “uncomfortable” projecting casino revenue because the state’s projections have trended downward in the past few years. In 2009, the state government estimated Ohio’s casinos would take in $1.9 billion a year, but that projection was changed to $957.7 million a year in February.
Eriksen said the city estimates between $9 million and $11 million in casino funds will be available to the city. She said even if Cincinnati’s Horseshoe Casino hits its $100 million goal, the city will not be able to get the $21 million previously touted by Horseshoe Casino General Manager Kevin Kline because the money is pooled with money from other casinos around the state, which has fallen far below projections, before it’s distributed to cities and counties.
When asked about shifting parking meter revenue to the general fund to help balance the budget, Eriksen said doing so would ultimately be a “wash” because of expenses currently attached to parking meter revenue.
Seelbach suggested making more cuts through the
priority-driven budgeting process. Eriksen explained Plan B does cut
programs that were poorly ranked by the process — the mounted patrol
unit, arts funding and recreation centers were a few examples she cited. But
only relying on programs ranked poorly by the priority-driven budgeting process would “decimate” departments and
programs that the city deems essential, she said.
In the original 2013 budget proposal put forward by the city manager, mounted patrol was cut, but Seelbach lobbied for the program’s restoration.
Multiple council members brought up traveling and training costs as potential areas to cut, but Eriksen said the city administration had not considered further cuts in those areas because the leftover expenses are currently used to get certifications that city employees “need to do their jobs.”
Councilman Charlie Winburn, the lone Republican on City Council, asked the city administration if they tried to balance the budget without layoffs. Eriksen replied, “Yeah, that was called the parking plan.” She added without the parking plan, it would be “mathematically impossible” to balance the budget without layoffs.
When Winburn suggested city employees should take salary cuts, Eriksen said such cuts would require extensive negotiations with unions because about 90 percent of the city’s employees are unionized.
In November, Winburn was one of the prominent supporters of giving the city manager a raise and bonus.
Vice Mayor Roxanne Qualls, a Democrat running for mayor, said she would be open to using any revenues possible for reducing the budget gap, but she said City Council must acknowledge the harsh budget realities facing the city — further re-emphasizing points she made in a blog post Sunday.
John Cranley, another Democrat running for mayor, has said in the past that the threat of layoffs is “the boy crying wolf.” Cranley released his own budget plan on March 28 that he says would avoid layoffs and balance the budget without the parking plan, but some critics say the budget’s revenue estimates are unrealistic.
Eriksen said Cincinnati has run structurally imbalanced budgets since 2001, but city officials say deficits have been made much worse by state cuts in local government funding carried out by Gov. John Kasich and the Republican legislature since 2010 (“Enemy of the State,” issue of March 20).
City Council approved the parking plan in a 5-4 vote on March 6 that would lease the city’s parking assets to the Port Authority to raise funds that would help balance the deficit for the next two fiscal years and pay for new development projects, including the construction of a downtown grocery store (“Parking Stimulus,” issue of Feb. 27).
Opponents of the parking plan, who say they fear it will lead to rate hikes, filed their petitions for a referendum effort today. It is so far unclear whether they have the 8,522 verified signatures required to put the issue on the November ballot.
The company that would operate Cincinnati’s parking meters
if the city passes its controversial parking plan this week was mired with audited problems and
complaints in the past. The issues surfaced years before Affiliated
Computer Services (ACS) was bought by Xerox in 2010, and Xerox now denies any wrongdoing.
A 2007 audit found ACS had failed to take care and keep track of parking meters it operated in Washington, D.C. The audit claimed 35 percent of parking meters listed in ACS’s inventory were missing, about 16 percent of the remaining meters were completely inoperative and 65 percent had problems that ranged from defacing to improper height and stability. ACS also failed to fix meters within the 72-hour period mandated by its contract, according to the audit.
For some residents, the broken meters led to unfair
tickets, with 6,888 tickets, or nearly 1 percent of parking meter
tickets, being improperly issued at unfixed meters, according to the audit. The audit also found a 903-percent increase in overall parking meter complaints under the privatization contract with ACS.
The audit also questioned the financial gains for Washington, D.C., which had to pay $8.8 million, or 33.4
percent, more under privatization than projected trends under public
management.
The bad audit wasn’t enough for Washington,
D.C., to cut its contract with ACS, which still manages the city’s
parking meters today.
The audit was among a few other problems tipped to multiple media outlets by Tabitha Woodruff, an advocate at Ohio Public Interest Research Group. In 2007, ACS was accused of bribing police officers in Edmonton, Canada, but a judge ruled in favor of ACS, stating there wasn’t sufficient evidence. In 2010, the Securities Exchange Commission (SEC) charged ACS with backdating and falsely disclosing stock options between 1996 and 2005, and ACS consented to a permanent injunction without admitting or denying the charges.
All the discovered problems occurred before 2010, when Xerox bought ACS.
Kevin Lightfoot, a spokesperson at Xerox, says the audit’s findings were based on “faulty information.” He says Xerox and the District of Columbia Department of Transportation found ACS had saved Washington, D.C., money. He also claims the auditor had misunderstood the parking meters’ screen displays, which he says led to the improper identification of inoperative or malfunctioning meters.
CityBeat previously covered the parking proposal, which would lease the city’s parking assets to fund deficit reduction and economic development, in detail. Mayor Mark Mallory and Vice Mayor Roxanne Qualls have endorsed the plan, and it’s currently expected to have the five votes necessary to pass a possible City Council vote today.
On Friday, Councilman Chris Seelbach revealed Plan S, an alternative proposal that would not lease the city’s parking assets and would instead use $7.5 million in casino revenue, cut $5 million based on the results of the city's priority-driven budgeting and allow voters to choose between a $10-per-month trash fee or a 2-percent increase in the city's admissions tax.
City Manager Milton Dohoney Jr. also put forward
his “Plan B,” which would lay off 344 employees, eliminate Human
Services Funding and close pools and recreation centers, among other
changes. In response, mayoral candidate John Cranley proposed his own
plan, which would use casino revenue, parking meter revenue and cuts to
“non-essential programs” to tame the deficit.
Plan B, Plan S and Cranley’s plan all fix the structural deficit in the city’s budget, while the parking plan only fixes the deficit for two years.
In a ruling today, Hamilton County Judge Robert Winkler said the city will have to allow for a referendum on the parking plan and imposed a permanent injunction pending the outcome of a referendum.
The ruling means the city may be unable to rely on the parking plan to balance fiscal year 2014’s budget, and the city may be forced to find cuts elsewhere by July 1, when the new budget will kick in.
The ruling may be appealed, but City Solicitor John Curp says he is not aware of any filing yet. He says Mayor Mark Mallory and the city administration plan to hold a press conference later this afternoon to discuss the ruling in further detail.
For opponents of the parking plan, the ruling comes as a big victory that will allow them to put the parking plan on the ballot if they gather enough eligible petition signatures by April 5.
For the city, the ruling potentially leaves a $25.8 million hole in the 2014 budget.
When the restraining order was extended for two weeks on March 20, city spokesperson Meg Olberding told CityBeat the delays were causing the city to approach a “pressure point”: “We respect the court's right to do that (the extension), and know that every day that we cannot make the parking deal happen is a day that we are closer to having to lay people off.”
In the past, City Manager Milton Dohoney Jr. said the plan will force the city to lay off 344 employees, including 80 firefighter and 189 police positions.But opponents argue there are ways to solve the budget without laying people off. As an alternative to the parking plan, Councilman Chris Seelbach proposed Plan S, which would redirect $7.5 million in casino revenue to help balance the deficit, cut $5 million based on the results of the city's priority-driven budgeting process and put two charter amendments on the ballot that, if approved, would include up to a $10-per-month trash fee and increase the city's admissions tax by 2 percent.
City Council approved the parking plan on March 6 to lease the city’s parking assets to the Port of Greater Cincinnati Development Authority to help balance the budget for the next two fiscal years and fund more than $100 million in development projects, including the creation of a downtown grocery store and more than 300 luxury apartments ("Parking Stimulus," issue of Feb. 27).
Opponents of the parking plan say they’re concerned the city will cede too much control over its parking assets and cause parking rates to skyrocket. The city says rate increases are initially capped at 3 percent or inflation — whichever is higher.
But the rates can change with a unanimous vote from a special committee, approval from the city manager and a final nod from the Port Authority. The special committee would comprise of four people appointed by the Port Authority and one appointed by the city manager.
The ruling comes after the city and opponents of the parking plan met in court on March 15 to discuss whether the plan is subject to referendum.
Curt Hartmann, an attorney who represents the Coalition Opposed to Additional Spending and Taxes (COAST) and opponents of the parking plan, said the city charter is vague on its definition of emergency clauses, and legal precedent supports siding with voters’ right to referendum when there is ambiguity.
The city cited state law to argue emergency clauses, which remove a 30-day waiting period on legislation, eliminate the possibility of referendum. Terry Nestor, who represented the city, said legal precedent requires the city to defer to state law as long as state law is not contradicted in the city charter.
With his decision, Winkler sided with opponents of the parking plan. He wrote in the ruling, “If the people of Cincinnati had intended to exempt emergency legislation from their referendum powers, they could have done so when adopting Article II, Section 3 of the City Charter.”
The parking plan is one of the few issues dividing Democratic mayoral candidates John Cranley and Vice Mayor Roxanne Qualls. Cranley opposes the plan, while Qualls supports it.
If City Council does not agree to lease Cincinnati’s parking system, the city manager’s office says the city will be forced to lay off 344 employees, including 80 firefighter and 189 police positions, but critics argue there are better alternatives.
In a memo dated to Feb. 26, City Manager Milton Dohoney Jr. wrote that the city will also have to close three community centers and six pools; eliminate Human Services Funding, which aids the city’s homeless and poor; and reduce funding for local business groups, parks, nature education for Cincinnati Public Schools and environmental regulations, among other changes. In total, the cuts would add up to $25.8 million — just enough to balance the deficit that would be left in place without the parking plan.
In addition to the cuts, failing to approve the parking plan, which leases the city’s parking meters for 30 years and lots and garages for 50 years to the Port of Greater Cincinnati Development Authority, would displace plans to convert Tower Place Mall, construct a 30-floor tower with a grocery store downtown, accelerate the the I-71/MLK Interchange project, acquire the Wasson Line right-of-way for a bike trail and add $4 million to the next phase of Smale Riverfront Park (“Parking Stimulus,” issue of Feb. 27).
Democratic Vice Mayor Roxanne Qualls, who’s running for mayor, has come out in favor of the parking plan, but John Cranley, another Democrat running for mayor, says he opposes the deal because it will hurt downtown businesses.
“It’s the boy who cried wolf,” Cranley says. “In 2009, 2010, 2011 and 2012 … they threatened to lay off police and firefighters, and it never happened.”
Cranley says he would rather take $10 million from projected casino revenue and $7 million from current parking revenues to help clear the deficit. For the remaining $8.8 million, he would cut non-essential programs, which would exclude police, fire, garbage collection, health, parks and recreation, street pavement and Human Services Funding, across the board by 10 to 15 percent. If that wasn’t enough, he would then move to the essential programs, which he says make up about $300 million in the $368.9 million budget, with a 1-percent across-the-board cut.
He says his solution would have the upside of fixing structural deficit problems in Cincinnati’s General Fund, whereas the one-time lease of the city’s parking assets will only take care of the deficit for the next two years.
Meg Olberding, city spokesperson, says City Council could use the casino revenue to pay for the deficit, but $4 million of it is already set for the Focus 52 program, which funds neighborhood development projects.
“Council can use whatever revenue sources they want,” Olberding says. “That’s why the memo … says we can either use this plan or another plan.”
Cranley says he would not do away with the Focus 52 program, but he would instead find funding for it in the Capital Budget, which is separate from the General Fund.
Olberding says City Council could approve the use of about $3 million in parking meter revenue for the General Fund, but the rest of the parking money, which comes from lots and garages, is tied to an enterprise fund, which, by state law, means the city would have to sell its parking lots and garages before it could obtain money for the General Fund.
Cranley, who also opposes the streetcar project (“Back on the Ballot,” issue of Jan. 23), says it
would be possible to pay for the I-71/MLK Interchange and other projects
if the streetcar wasn’t taking up funds. If it was up to him, he says
he would remove streetcar funding and use it on other development
projects “without batting an eye.”
In the Feb. 27 City Council meeting, Vice Mayor Roxanne Qualls said the Budget and Finance Committee will likely vote on the city manager’s parking plan on March 4 or March 11.
Two Ohio senators, including Senate Minority Leader Eric Kearney of Cincinnati, are pushing a bill that will require the state’s Bureau of Motor Vehicles to grant driver’s licenses to the children of illegal immigrants. The senators claim state BMV offices are inconsistently applying President Barack Obama’s Deferred Action for Childhood Arrivals program, which allows the children of illegal immigrants to remain in the country without fear of prosecution, but the Ohio Department of Public Safety says the issue is still under review. CityBeat originally broke the story after hearing of Ever Portillo’s experiences at a Columbus BMV office here, and a follow-up story covered the internal conflict at the BMV over the issue here.
Ohio officials have said the state has only put $1 million toward JobsOhio, but records recently acquired by The Columbus Dispatch show $5.3 million in funding has been directed to the program
so far, and the public investment could be as high as $9 million. State
officials said the funding is necessary because constitutional
challenges, which the Ohio Supreme Court recently agreed to take up,
have held up the program’s original source of funding — state liquor
profits. JobsOhio is a nonprofit company established with the support of
Gov. John Kasich that’s meant to attract investment and bring jobs to
the state. Kasich says he wants to replace the Ohio Department of Development with the nonprofit company in the future.
City Council’s Budget and Finance Committee approved a plan to lease Cincinnati’s parking assets to the Port of Greater Cincinnati Development Authority in a 4-3 vote yesterday, but the plan will require five votes to become law in a final City Council vote tomorrow. The plan, which CityBeat previously covered, would lease the city’s parking assets to fund development projects, including a 30-story tower and a downtown grocery store, and help balance the deficit. The deal would produce a $92 million upfront payment, and the city projects that additional annual installments would generate more than $263 million throughout the lease’s duration. Critics are worried the city will give up too much control of its parking assets as part of the deal, and concerns about the city’s long-term deficits remain. The alternatives — plans B, C and S — would fix structural deficit problems, while the budget only helps balance the deficit for the next two fiscal years.
The company that will operate Cincinnati’s parking meters if the parking deal is approved by City Council had problems in the past, according to a tip received by multiple news outlets from Tabitha Woodruff, an advocate at Ohio Public Interest Research Group. The issues surfaced years before Affiliated Computer Services (ACS) was bought by Xerox in 2010, and Xerox now denies any wrongdoing. One of the issues is a 2007 audit, which found ACS mismanaged parking meters in Washington, D.C. Kevin Lightfoot, a spokesperson at Xerox, says the audit was based on “faulty information,” and a lot of the problems found were because the auditor improperly read parking meter screen displays.
An approved commitment by the Hamilton County Transportation Improvement District (HCTID) may ensure a rail service is ready for Cincinnati in time for the 2015 Major League Baseball All-Star Game. Hamilton County Commissioner Todd Portune is pushing for local and state governments to break down any barriers for Oasis Rail Transit, which will carry passengers from Downtown to Milford.
The Ohio Board of Education will decide between two candidates for state superintendent next week: acting Superintendent of Public Instruction Michael Sawyers or Dick Ross, Gov. John Kasich’s top education adviser.
After years of development and anticipation, Cincinnati’s Horseshoe Casino opened yesterday. The casino comes with the promise of jobs and economic development, but it also poses the risk of crime, bankruptcy and even suicide. State and local legislators are also looking forward to extra government revenue from the casino, even though casino revenue around the state has fallen short of projections. For Over-the-Rhine residents, the grand opening, which culminated in a fireworks display, was sort of like being in the middle of a thunderstorm.
Livability.com named Cincinnati the No. 10 spring break destination because of the Cincinnati Zoo, Botanical Garden, IKEA, Cincinnati Art Museum, the 21c Museum Hotel, Newport Aquarium and the Clifton Cultural Arts Center, among other places and family-friendly activities.
Science doesn’t want pregnant women to be capable of anything.
Here are two pictures of Venus from Saturn’s view.
Saturday’s St. Patrick’s Day Parade drew a lot of criticism Friday for excluding the Gay, Lesbian, Straight Education Network, a group within K-12 schools that works to prevent bullying by striving for equality regardless of sexual orientation or gender identity and expression. Councilman Chris Seelbach led the criticisms and a boycott on the parade — an effort that gained national attention. Chris Schulte, who was on the board that organized the parade, apparently told Seelbach that the board did not want to be affiliated with gays and lesbians due to the parade’s Catholic roots, but Schulte said in a follow-up press release that the parade does not allow any political or social movement, no matter the cause.
Cincinnati’s plan to lease its parking assets to the Port of Greater Cincinnati Development Authority remains in legal limbo, even after a court hearing on Friday. Judge Robert Winkler, who presided over the hearings, did not hand down a ruling after hearing extensive legal arguments from the city and opponents of the parking plan. Opponents argued the city charter’s definition of emergency clauses is ambiguous, and legal precedent supports siding with voters’ right to referendum when there is ambiguity. The city said legal precedent requires the city to defer to state law as long as state law is not contradicted in the city charter. Cincinnati’s city charter does not specify whether emergency legislation is subject to referendum, but state law explicitly says emergency laws are not subject to referendum.
Despite the reversal of his friend and Republican colleague Sen. Rob Portman, House Speaker John Boehner says he doesn’t see himself ever supporting same-sex marriage. Portman gained national recognition Friday for reversing his position two years after finding out his son is gay.
Mayor Mark Mallory will announce details about the City’s Summer Youth Jobs Program tomorrow, and he’s also seeking as many employers as possible to participate in his eighth Annual Youth Job Fair. Employers can sign up for free booths at www.mayormallory.com.
Due to a policy that encourages doctors to work overtime, psychiatrists are among the state’s top paid employees. State officials say the policy saves money because overtime rates are lower than psychiatrists’ normal hourly wages. On average, the doctors end up working 80 hours a week, but state officials say there are precautions in place to ensure the highest levels of care.
The Steubenville rape case came to a close over the weekend, with two teenagers being found guilty of raping a 16-year-old girl. While most people were appalled by the teenagers’ audacity on Twitter and other social media regarding the rape, CNN decided to report the story with sympathy for the convicted rapists:
A University of Cincinnati study found a cholesterol drug could prevent colorectal cancer recurrence.
Sometimes science can do gross things, like resurrecting a frog that gives birth from its mouth.
Popular Science has been covering 3-D printer plans for houses, and the latest one actually looks like a house.
The plan to lease Cincinnati’s parking assets to the Port of Greater Cincinnati Development Authority remains up in the air today after court rulings kept a court-mandated restraining order in place until at least March 15, when a hearing is scheduled at the Hamilton County Common Pleas Court.
The hearing on March 15 will establish whether the lawsuit should move forward and whether the restraining order will remain until the lawsuit is resolved. The latter poses a budgetary challenge to the city; if the restraining order is kept in place and opponents gather the signatures required for a November referendum on the parking plan, the city says it will have to make cuts before July to balance the budget for fiscal year 2014, which could result in layoffs.
“We’ve been very clear that, by state law, we need to have a balanced budget starting July 1, so we will need to do all things necessary at that point,” says Meg Olberding, city spokesperson.
The lawsuit was originally moved to federal courts on March 7 because it included complaints regarding civil rights. Plaintiffs removed the mention of civil rights, which then prompted Judge Michael Barrett to send the lawsuit back to the Hamilton County Common Pleas Court.
City Council approved the parking plan in a 5-4 vote on March 6, but the plan was almost immediately held up by a temporary restraining order from Hamilton County Common Pleas Judge Robert Winkler. The restraining order is meant to provide enough time to process a lawsuit filed by Curt Hartman, an attorney who represents the Coalition Opposed to Additional Spending and Taxes (COAST), on behalf of local activists who oppose the plan and argue it should be subject to referendum.
“If there was even five seconds without a temporary restraining order in place, the city’s going to sign that lease,” Chris Finney, another attorney that represents COAST, said in a public statement after the hearing with Barrett. “At that point, the city will argue that the case has moved and that the (referendum) petitions are void.”
The legal dispute is focused on City Council’s use of the emergency clause, which eliminates a 30-day waiting period on implementing laws but takes away the possibility of a referendum.
In an interview on March 7, Vice Mayor Roxanne Qualls, who voted for the parking plan, told CityBeat the dispute over emergency clauses is politically motivated: “I think it’s nothing but a political controversy that’s generated for political gain and for political purposes. Council passes many of its ordinances with emergency clauses. In fact, the other candidate for mayor himself consistently voted for emergency clauses.”
The other mayoral candidate Qualls is referring to is John Cranley, a former council member who opposes the parking plan and says he will support a referendum effort.
“Just because the emergency clause may be used too often doesn’t make it right,” says Cranley. “I never voted for an emergency clause when there was a stated grassroots effort to have a referendum on a vote that I was facing.”
CityBeat previously covered the parking plan in further detail here.
Councilman P.G. Sittenfeld is asking Cincinnatians to take part in the Greater Cincinnati Day of Fasting today and put off lunch to help support the Freestore Foodbank. Sittenfeld’s office said in a press release that the event will allow participants to “experience a small measure of the hunger that is a part of many people’s daily lives.” There will be a ceremony for the event at noon in Fountain Square, where participants will be able to donate to the Freestore Foodbank.
March was another decent month for jobs in Cincinnati, with the seasonally unadjusted unemployment rate dropping to 7.5 percent, down from a revised 7.9 percent in February and 8 percent in March 2012. Michael Jones, research director at the University of Cincinnati Economics Center, says most of the job growth is attributable to Cincinnati’s growing health care services, but manufacturing has also provided a local boon.
An anonymously posted video questions the legitimacy of some parking plan referendum petitions, but so far no formal challenges have been filed against the referendum effort. Even if somebody were to file a challenge, Hamilton County Board of Elections Chairman Tim Burke says it would required a lot — nearly 4,000 signatures — to halt a referendum: “Because they are so far over, there’s going to have to be more evidence by any petitioner that there are problems well beyond those five or six sights shown in the video.”
There is now a local effort to embrace the Cincinnati Preschool Promise, a private-public partnership that would get more local children in preschool. The current goal is to get 25 to 50 children in preschool in a pilot program this fall. Studies show preschool is one of the best investments that can be made for the economy in the long term. Local preschool services were recently cut as a consequence of federal sequestration, a series of across-the-board federal spending cuts that began March 1.
UC President Santa Ono is recommending the school freeze in-state tuition for the next school year — a measure the UC Board of Trustees will consider in June. Ono also said he will not take a salary increase or bonus for the next two years, and he is asking the school to sell the presidential condo and use the money to pay for scholarships.
While testifying to legislators reviewing his two-year budget request, State Treasurer Josh Mandel said his office has been targeted by cyberattacks, and the technology currently available to his department is not good enough to hold off the attacks.
Humana will hire 60 people for its customer service center in downtown.
Brain cells will control the power plants of the future.
In a press release, Mayor Mark Mallory proclaimed today Zips’ Cafe Day because the restaurant is finally adding bacon to its cheeseburger lineup.
Under Ohio law, petitions require signatures from both a supporter, who must reside in Cincinnati in the case of parking petitions, and a witness, who must be an Ohio resident and witness the act of someone signing the petition.
The video shows what seems to be parking petitions placed on business counters with limited supervision — potential evidence that some of the parking petitions were signed without a witness present.
Tim Burke, chairman of the Hamilton County Democratic Party and Hamilton County Board of Elections, says the Board of Elections is currently looking into what process needs to be followed as a result of the video.
Traditionally, Burke says, someone has to file a challenge, which would then be investigated by the board. At that point, the board would rely on subpoenas to get testimony from witnesses to determine whether their petitions were valid.
“Under oath, circulators are likely to tell us the truth,” Burke says. “Did you witness all the signatures on that parking petition? If he says no or she says no, ... then none of those signatures are valid.”
But Burke says it’s so far unclear whether that process will happen.“The video is interesting, but it doesn’t prove anything,” he says. “Any challenger would have to link each one of those shots in the video to specific petitions that were signed by the circulator of the petition that was on those counters.”
Even if someone did bring a challenge, it would require nearly 4,000 invalid signatures to halt the parking plan referendum effort. Yesterday, the Board of Elections announced the referendum effort had gathered 12,446 valid signatures — considerably more than the 8,522 required.
“Because they are so far over, there’s going to have to be more evidence by any petitioner that there are problems well beyond those five or six sights shown in the video,” Burke says.
Circulators who mishandled the process would
not face charges; instead, the signatures would simply be
discarded, according to Burke.
City Solicitor John Curp says the city’s law department is taking “no side on whether there’s a vote,” and the city administration has not taken action based on the video.
Curp says he would like to confirm whether those are parking petitions and if the video is factual in its presentation.
“If those were parking petitions, that was certainly troubling,” he says. “I hope this gets worked out in a timely manner.”
The parking plan would lease the city’s parking assets to the Greater Cincinnati Port Authority to help balance the city’s operating budget deficits for the next two years and fund development projects around the city, including a downtown grocery store (“Parking Stimulus,” issue of Feb. 27).
Opponents say they’re concerned the plan will lead to higher parking rates and extended hours that will hurt the local economy. With 12,466 valid signatures, their referendum effort is expected to culminate in a vote this November.
City officials previously warned that without the parking plan the city will have to lay off cops and firefighters.
The full video is embedded below:
The Democratic Party’s nominating committee announced who it’s supporting for City Council Friday: Greg Landsman, who heads the Strive Partnership and worked for former Gov. Ted Strickland; Shawn Butler, Mayor Mark Mallory’s director of community affairs; Michelle Dillingham, a community activist; and the six incumbents, which include Laure Quinlivan, Chris Seelbach, Yvette Simpson, P.G. Sittenfeld, Pam Thomas and Wendell Young. The nominations still have to be approved by the Cincinnati Democratic Committee.
Petitioners against the city’s parking plan are supposed to get their final tally on referendum today, but a new video shows at least some of the petitions may have been signed without a legitimate witness, which are needed to validate a signature. The Hamilton County Board of Elections announced Thursday that petitioners had met the necessary threshold of 8,522 signatures, but the video casts doubts on whether those signatures were legitimately gathered. The city wants to lease its parking assets to help balance the deficit for the next two years and fund development programs around the city (“Parking Stimulus,” issue of Feb. 27), but opponents worry higher parking rates and extended hours will harm the local economy. Here is the embedded video:
The Ohio Senate could restore Gov. John Kasich’s tax, school funding and Medicaid plans when it votes on the biennium budget for 2014 and 2015. Kasich’s tax and education funding plans were criticized by Democrats and progressive groups for favoring the wealthy, but the Medicaid expansion, which the Health Policy Institute of Ohio says would expand Medicaid coverage to 456,000 low-income Ohioans and save the state money, was mostly opposed by state Republicans. CityBeat covered Kasich’s budget in further detail here.New polling from Quinnipiac University found a plurality of Ohio voters now support same-sex marriage rights — granting promising prospects to Freedom Ohio’s ballot initiative to legalize same-sex marriage in the state this year.
An audit on JobsOhio could take months, according to State Auditor Dave Yost’s office. Gov. John Kasich was initially resistant to a full audit, but Yost eventually won out, getting full access to JobsOhio’s financial records. JobsOhio is a privatized development agency that is meant to eventually replace the Ohio Department of Development.
In response to not getting a Democratic endorsement for his City Council campaign, Mike Moroski, who was fired from his job at Purcell Marian High School for supporting gay marriage, launched the Human Party.
Cincinnati received an “F” for business friendliness in the 2013 Thumbtack.com U.S. Small Business Friendliness Survey from the Ewing Marion Kauffman Foundation.
Embattled attorney Stan Chesley will no longer practice law in Ohio. Chesley, who has been criticized for alleged misconduct, was recently disbarred in Kentucky. He recently resigned from the University of Cincinnati Board of Trustees after being asked to in a letter from fellow board members.
Ohio gas prices are shooting back up.
PopSci has an infographic showing sharks should be much more scared of humans than humans should be afraid of sharks.
Boston and surrounding communities went through another night of terror and chaos
last night, with the two Boston Marathon bombing suspects allegedly rampaging
through the city just hours after their photos were released to the
public by authorities. Tamerlan Tsarnaev, one of the suspects, died
after apparently suffering multiple wounds from a police shootout and
what’s now believed to have been an explosion, but his brother, Dzhokhar
Tsarnaev, 19, remains at large while a massive manhunt is underway.
Authorities are telling people in Boston and the surrounding area to
stay indoors as the manhunt continues.
Opponents of the city’s plan to lease its parking assets to the Port Authority gathered enough petitions to put the issue on the ballot this November. The news comes as a huge blow to local officials who supported the plan to help balance the budget for the next two years and fund development projects around the city. Mayor Mark Mallory and City Manager Milton Dohoney Jr. previously warned that without the parking plan the city will have to lay off cops and firefighters.
Before approving the budget bill in a 61-35 vote, the Ohio House voted to remove an amendment from the bill that would have banned comprehensive sex education in a 76-19 vote
yesterday, which CityBeat covered in further detail here. Still, the budget bill contains language that would defund Planned Parenthood
and redirect other funding to abstinence-only, anti-abortion crisis
pregnancy centers. The budget bill was also amended to ask for a
Medicaid waiver that give Ohio more time to mull over a Medicaid expansion and could lead to a revamp of the state-backed health care program. The budget bill must now be approved by the Ohio Senate and Gov. John Kasich.
Ohio’s unemployment rate was 7.1 percent in March, unchanged from February’s revised rate and a small drop from 7.4 percent in March 2012. The number of people unemployed rose by 1,000, while the amount of people employed dropped by 20,400. March was also a weak month for the U.S. jobs report, so Ohio’s numbers may be following a nationwide slowdown. Jobs in manufacturing, mining and logging, financial activities and trade, transportation and utilities increased, while other areas dropped by varying degrees.
Vice Mayor Roxanne Qualls and Mayor Mark Mallory still support the streetcar project, touting its economic benefits to the city. Still, Qualls told CityBeat Wednesday that she wants to have a “very robust public conversation” about the project with the public and city officials to see how it can move forward.
On the two-year anniversary of his death, the lawsuit for David “Bones” Hebert has been expanded to include the city of Cincinnati and three Cincinnati Police officers. Since he was killed by police in 2011, Bones has built a following that wants to bring what they perceive as justice to his death.
A state representative announced he will run against Ohio Sen. Rob Portman in 2016 because of Portman’s vote against a federal gun control bill. State Rep. Bob Hagan wrote on Facebook, ”Senator Portman shows his lack of courage and testicular fortitude. The NRA Owns him. I am declaring my candidacy for US Senate to run against him in the next election. I will be his hair shirt for the next three years.” A poll from The New York Times and CBS found about 92 percent of Americans support universal background checks, the major policy proposal in the gun control bill.
A new app allows Icelanders to make sure their hookups don’t qualify as accidental incest.
City Manager Milton Dohoney Jr. and other city administration officials say the city will have to carry out Plan B, which would lay off 344 city employees, including 189 cops and 80 firefighters. But council members Chris Seelbach, P.G. Sittenfeld, Charlie Winburn and Chris Smitherman claim there are other ways — casino revenue and cuts elsewhere — to balance the budget.
The meeting got testy after a few council members called the city administration “disingenuous” for framing Plan B and the parking plan as the only two budget options, prompting Mayor Mark Mallory to slam council members for attempting to pin the city’s budget woes on the city administration.
“I don’t think anyone in the administration wants to see their colleagues laid off,” Mallory said. “The administration makes a recommendation to this mayor and to this council. The final decision makers are the elected leaders.”
He added, “What’s disingenuous is to create a crisis and then criticize the administration for its response to the crisis when those responsible for dealing with the crisis are the elected leaders. It would be like an arsonist setting a building on fire and then complaining about how long it took the fire department to get there and what equipment they used to put out the fire.”
Lea Eriksen, the city’s budget director, said the ideas she heard at the special session today would not be enough to close the budget gap.
Throughout the discussion, the city administration repeatedly dismissed ideas presented by council members as not enough to overcome the city’s $35 million deficit and avoid layoffs. By the city administration’s admission, even Plan B would only close about $26 million of the projected deficit.
How that budget gap is closed may come with additional expenses. Eriksen said the budget gap may reach $45 million if the city carries out Plan B because the city would also be forced to pay for accrued leave and unemployment insurance.
Still, Assistant City Manager David Holmes admitted the city could balance the deficit without Plan B or the parking plan, but the numbers must “add up” and would require direction from City Council.
When the discussion came to casino revenues, Holmes said the city administration feels “uncomfortable” projecting casino revenue because the state’s projections have trended downward in the past few years. In 2009, the state government estimated Ohio’s casinos would take in $1.9 billion a year, but that projection was changed to $957.7 million a year in February.
Eriksen said the city estimates between $9 million and $11 million in casino funds will be available to the city. She said even if Cincinnati’s Horseshoe Casino hits its $100 million goal, the city will not be able to get the $21 million previously touted by Horseshoe Casino General Manager Kevin Kline because the money is pooled with money from other casinos around the state, which has fallen far below projections, before it’s distributed to cities and counties.
When asked about shifting parking meter revenue to the general fund to help balance the budget, Eriksen said doing so would ultimately be a “wash” because of expenses currently attached to parking meter revenue.
Seelbach suggested making more cuts through the
priority-driven budgeting process. Eriksen explained Plan B does cut
programs that were poorly ranked by the process — the mounted patrol
unit, arts funding and recreation centers were a few examples she cited. But
only relying on programs ranked poorly by the priority-driven budgeting process would “decimate” departments and
programs that the city deems essential, she said.
In the original 2013 budget proposal put forward by the city manager, mounted patrol was cut, but Seelbach lobbied for the program’s restoration.
Multiple council members brought up traveling and training costs as potential areas to cut, but Eriksen said the city administration had not considered further cuts in those areas because the leftover expenses are currently used to get certifications that city employees “need to do their jobs.”
Councilman Charlie Winburn, the lone Republican on City Council, asked the city administration if they tried to balance the budget without layoffs. Eriksen replied, “Yeah, that was called the parking plan.” She added without the parking plan, it would be “mathematically impossible” to balance the budget without layoffs.
When Winburn suggested city employees should take salary cuts, Eriksen said such cuts would require extensive negotiations with unions because about 90 percent of the city’s employees are unionized.
In November, Winburn was one of the prominent supporters of giving the city manager a raise and bonus.
Vice Mayor Roxanne Qualls, a Democrat running for mayor, said she would be open to using any revenues possible for reducing the budget gap, but she said City Council must acknowledge the harsh budget realities facing the city — further re-emphasizing points she made in a blog post Sunday.
John Cranley, another Democrat running for mayor, has said in the past that the threat of layoffs is “the boy crying wolf.” Cranley released his own budget plan on March 28 that he says would avoid layoffs and balance the budget without the parking plan, but some critics say the budget’s revenue estimates are unrealistic.
Eriksen said Cincinnati has run structurally imbalanced budgets since 2001, but city officials say deficits have been made much worse by state cuts in local government funding carried out by Gov. John Kasich and the Republican legislature since 2010 (“Enemy of the State,” issue of March 20).
City Council approved the parking plan in a 5-4 vote on March 6 that would lease the city’s parking assets to the Port Authority to raise funds that would help balance the deficit for the next two fiscal years and pay for new development projects, including the construction of a downtown grocery store (“Parking Stimulus,” issue of Feb. 27).
Opponents of the parking plan, who say they fear it will lead to rate hikes, filed their petitions for a referendum effort today. It is so far unclear whether they have the 8,522 verified signatures required to put the issue on the November ballot.
City Council will hold a special meeting at 2 p.m. today to discuss alternatives to laying off cops and firefighters to balance the budget, which CityBeat covered in detail here. Council members Chris Seelbach and P.G. Sittenfeld are pushing to use casino revenue and cuts elsewhere in the budget to avoid cutting public safety services. A spokesperson for Vice Mayor Roxanne Qualls, a Democrat running for mayor, told CityBeat that Qualls will also consider every option available. John Cranley, another Democratic candidate for mayor, has long called the threat of layoffs “the boy crying wolf.”
City Council unanimously passed a motion yesterday that will require all parades receiving financial support from the city to adhere to the city’s anti-discrimination policies. Council members cautioned that the measure won’t require event hosts to invite fringe groups, but it will ensure LGBT individuals, people of color and women are allowed to participate in future events. The measure was inspired by a recent controversy surrounding the St. Patrick’s Day Parade, which barred an LGBT group from participating.
An appeals court will hear arguments over the Cincinnati parking plan and the city’s use of emergency clauses on May 6, even though the city had asked for a final decision by May 1. Hamilton County Judge Robert Winkler’s original ruling decided emergency clauses do not remove the possibility of a referendum. Emergency clauses are regularly used by City Council to remove a 30-day waiting period on passed legislation, but the city says that power is weakened by Winkler’s ruling since the city will now have to wait for referendum efforts to safely begin implementation.
Meanwhile, referendum organizers against the parking plan are expected to drop off petitions at City Hall later today. Organizers previously said they have more than 10,000 unverified signatures, but they’ll need 8,522 verified signatures to get the issue on the ballot. The parking plan, which CityBeat explained in further detail here, would lease Cincinnati’s parking assets to the Port of Greater Development Authority to raise funds that would be used to help balance the deficit for the next two fiscal years and launch development projects, including a downtown grocery store.
This week’s CityBeat commentary: “Poor Messaging Holds Back Parking Plan.”
JobsOhio agreed to let State Auditor Dave Yost check their books — private funds and all — last month, but Yost says he’s still in talks with the agency about future audits. JobsOhio is a publicly funded, nonprofit corporation established by Gov. John Kasich and the Ohio legislature to eventually replace the Ohio Department of Development.
Kasich’s advice for opponents of the Medicaid expansion: “Kick them in the shins.” As part of a broader budget proposal, the governor is seeking to take advantage of Obamacare to expand Medicaid with financial support from the federal government, but some Republican legislators fear the money won’t be there in a few years. Independent analysts say the Medicaid expansion will save Ohio money, which CityBeat covered alongside Kasich’s budget in further detail here.
The cost of Reds games has gone down since last season, according to one study.
Ohio’s improving economy is leading to less problem loans in the statewide mortgage market.
Headline: “Nobody Wants a Facebook Phone.”
A new laser zaps away cocaine addiction from rats.
Councilman Chris Seelbach says Mayor Mark Mallory and other city officials are wrong to claim Plan B, which would lay off 189 cops and 80 firefighters and make other cuts to city services, is the only solution to the city’s budget deficit if the parking plan isn’t implemented.
Seelbach and Councilman P.G. Sittenfeld called for a special City Council session on April 4 to get the city administration to answer questions about alternatives to laying off cops or firefighters.
Seelbach, who opposes the parking plan, has pointed to casino revenue and cuts in programs ranked poorly by the city’s priority-driven budgeting process as two potential alternatives to eliminating at least 269 public safety positions.
“We spent $100,000 on the priority-based budget process to give the public and a diverse cross-section of the entire city input on what the Council and the city should be spending money on,” Seelbach says. “We should be using those results when deciding where we should make cuts.”
In the midst of the parking plan debate, Seelbach proposed Plan S, which would redirect $7.5 million in casino revenue to help balance the deficit, cut $5 million based on the results of the city's priority-driven budgeting process and put two charter amendments on the ballot that, if approved, would include up to a $10-per-month trash fee and increase the city's admissions tax by 2 percent.
At a press conference on March 28, Mayor Mark Mallory implied the plan is unworkable because it relies on November ballot initiatives. “We don’t have until November,” he said.
But Seelbach says City Council could pass a stub budget that would sustain the city financially until the ballot measures are voted on. If both the measures are rejected, City Council would then be required to make further adjustments to balance the budget.
Even without the ballot initiatives, Seelbach’s suggestions for casino revenue and cuts based on the priority-driven budgeting process could be approved by City Council to avoid at least two-thirds of the $18.1 million in public safety cuts outlined by Dohoney’s Plan B memo. Seelbach says further cuts could be made through the budget-driven priority process if necessary.
“It worries me that these threats of 344 layoffs is just an attempt to sell the parking plan,” he says. “Every option should be on the table.”
Meg Olberding, city spokesperson, previously told CityBeat that City Council could choose its own cuts and use other revenue, including casino revenue, to balance the budget.
“Council can use whatever revenue sources they want,” she said. “That’s why the memo … says we can either use this plan or another plan.”
In the 2013 mayoral race, the threat of laying off cops
and firefighters has played a prominent role in the parking plan debate.
Democratic mayoral candidate John Cranley has repeatedly said the
threats are “the boy crying wolf.” On Friday, he proposed his own budget plan that he says would avoid layoffs, but critics say Cranley’s casino revenue estimates ignore recent trends.
Vice Mayor Roxanne Qualls, another Democratic candidate for mayor, said the city will have to lay off cops and firefighters if the parking plan doesn’t go into effect, echoing earlier comments she made in a blog post Sunday.
On March 6, City Council passed a plan that would lease the city’s parking assets to the Port of Greater Development Authority to help balance the budget for the next two fiscal years and fund development projects, including a downtown grocery store (“Parking Stimulus,” issue of Feb. 27). But the plan is being held up by a referendum effort after a ruling from Judge Robert Winkler on March 28.
Speaking at a press conference today, city officials did not mask their contempt for the ruling that put the parking plan on hold earlier in the day, saying it will force the city to make cuts and layoffs to balance the 2014 budget and potentially eliminate the passage of expedited legislation.
The press conference was in response to a ruling from Hamilton County Judge Robert Winkler, which opened the parking plan to referendum and ordered a permanent injunction on the plan pending any referendum effort. City Solicitor John Curp said the city is appealing the ruling.
Mayor Mark Mallory and City Manager Milton Dohoney Jr.
explained the city will now have to close a $25.8 million shortfall in
the budget for fiscal year 2014, which begins July 1.
Dohoney said he has already ordered city departments to begin
preparations for Plan B, which will lay off 344 employees, including 80
firefighter and 189 police positions, to balance projected deficits.
“Part of the irony is we're swearing in a recruit class tomorrow,” he said, then shook his head. “Too bad.”
In addition to meeting the July 1 budget deadline, the city has to expedite some layoff notices to meet union contracts, which typically require a notice 30 days in advance.
Curp said the ruling also poses significant legal challenges that will hinder the city’s ability to expedite legislation with emergency clauses. Emergency clauses are often used by City Council to remove a 30-day waiting period on passed laws, and the city argues they also remove the ability to referendum.
The layoffs could be retroactively pulled back if the city wins in appeals courts or if the referendum effort fails to gather enough petitions.
“Don't sign the petition,” Mallory said. “If you sign a petition, you're laying off a cop or firefighter.”
Dohoney said the delays make the city look sluggish — an image that he says the city has been trying to overcome. “One of the criticisms I’ve gotten is that this city takes too long to get deals done,” he said. “This complicates that.”
City Council approved the parking plan to lease the city’s parking assets to the Port of Greater Cincinnati Development Authority to help balance the budget for the next two fiscal years and fund development projects around the city, including a downtown grocery store (“Parking Stimulus,” issue of Feb. 27).
Opponents of the plan argued that there were alternatives that did not involve laying off cops or firefighters. Councilman Chris Seelbach proposed Plan S, which would redirect $7.5 million in casino revenue to help balance the deficit, cut $5 million based on the results of the city's priority-driven budgeting process and put two charter amendments on the ballot that, if approved, would include up to a $10-per-month trash fee and increase the city's admissions tax by 2 percent.
At the press conference, Mallory called the alternatives “unworkable.” He said Plan S in particular does not work because it relies on a ballot initiative that would have to be voted on in November. “We don’t have until November,” he said.
Opponents say they’re concerned the parking plan will cede too much control over the city’s parking meters, which they say will lead to a spike in parking rates.
The city says rate increases are initially capped at 3 percent or inflation — whichever is higher — but the rates can change with a unanimous vote from a special committee, approval from the city manager and a final nod from the Port Authority. The special committee would be made up of four people appointed by the Port Authority and one appointed by the city manager.
In the legal proceedings, the two sides are arguing whether emergency clauses eliminate the ability to hold a referendum on legislation. Opponents of the parking plan, headed by the Coalition Opposed to Additional Spending and Taxes (COAST), say the city charter is ambiguous with its definition of emergency clauses, and legal precedent demands courts side with voters’ right to referendum when there’s ambiguity.
Supporters of the parking plan cite state law, which says emergency legislation is not subject to referendum. Terry Nestor, who represented the city in the court hearings, said legal precedent requires the city to defer to state law as long as state law is not contradicted in the city charter.
Winkler sided with opponents of the parking plan in his decision. He wrote in his ruling, “If the people of Cincinnati had intended to exempt emergency legislation from their referendum powers, they could have done so when adopting Article II, Section 3 of the City Charter.”
Mallory says the city is not disputing voters’ right to referendum in a general sense; instead, he says the city needs to expedite the budget process to balance the budget before fiscal year 2014.
City officials say the parking plan is necessary largely because of Gov. John Kasich’s local government funding cuts, which Dohoney previously said cost Cincinnati $22.2 million in annual revenues (“Enemy of the State,” issue of March 20). Opponents argue Cincinnati had structurally imbalanced budgets years before Kasich took office, but the city says Kasich’s policies have made the situation much worse.
The parking plan is one of the few issues dividing Democratic mayoral candidates John Cranley and Vice Mayor Roxanne Qualls. Cranley opposes the plan, while Qualls supports it.
In a ruling today, Hamilton County Judge Robert Winkler said the city will have to allow for a referendum on the parking plan and imposed a permanent injunction pending the outcome of a referendum.
The ruling means the city may be unable to rely on the parking plan to balance fiscal year 2014’s budget, and the city may be forced to find cuts elsewhere by July 1, when the new budget will kick in.
The ruling may be appealed, but City Solicitor John Curp says he is not aware of any filing yet. He says Mayor Mark Mallory and the city administration plan to hold a press conference later this afternoon to discuss the ruling in further detail.
For opponents of the parking plan, the ruling comes as a big victory that will allow them to put the parking plan on the ballot if they gather enough eligible petition signatures by April 5.
For the city, the ruling potentially leaves a $25.8 million hole in the 2014 budget.
When the restraining order was extended for two weeks on March 20, city spokesperson Meg Olberding told CityBeat the delays were causing the city to approach a “pressure point”: “We respect the court's right to do that (the extension), and know that every day that we cannot make the parking deal happen is a day that we are closer to having to lay people off.”
In the past, City Manager Milton Dohoney Jr. said the plan will force the city to lay off 344 employees, including 80 firefighter and 189 police positions.But opponents argue there are ways to solve the budget without laying people off. As an alternative to the parking plan, Councilman Chris Seelbach proposed Plan S, which would redirect $7.5 million in casino revenue to help balance the deficit, cut $5 million based on the results of the city's priority-driven budgeting process and put two charter amendments on the ballot that, if approved, would include up to a $10-per-month trash fee and increase the city's admissions tax by 2 percent.
City Council approved the parking plan on March 6 to lease the city’s parking assets to the Port of Greater Cincinnati Development Authority to help balance the budget for the next two fiscal years and fund more than $100 million in development projects, including the creation of a downtown grocery store and more than 300 luxury apartments ("Parking Stimulus," issue of Feb. 27).
Opponents of the parking plan say they’re concerned the city will cede too much control over its parking assets and cause parking rates to skyrocket. The city says rate increases are initially capped at 3 percent or inflation — whichever is higher.
But the rates can change with a unanimous vote from a special committee, approval from the city manager and a final nod from the Port Authority. The special committee would comprise of four people appointed by the Port Authority and one appointed by the city manager.
The ruling comes after the city and opponents of the parking plan met in court on March 15 to discuss whether the plan is subject to referendum.
Curt Hartmann, an attorney who represents the Coalition Opposed to Additional Spending and Taxes (COAST) and opponents of the parking plan, said the city charter is vague on its definition of emergency clauses, and legal precedent supports siding with voters’ right to referendum when there is ambiguity.
The city cited state law to argue emergency clauses, which remove a 30-day waiting period on legislation, eliminate the possibility of referendum. Terry Nestor, who represented the city, said legal precedent requires the city to defer to state law as long as state law is not contradicted in the city charter.
With his decision, Winkler sided with opponents of the parking plan. He wrote in the ruling, “If the people of Cincinnati had intended to exempt emergency legislation from their referendum powers, they could have done so when adopting Article II, Section 3 of the City Charter.”
The parking plan is one of the few issues dividing Democratic mayoral candidates John Cranley and Vice Mayor Roxanne Qualls. Cranley opposes the plan, while Qualls supports it.
During Gov. John Kasich’s term as governor, local government funding has fallen by nearly half — from nearly $3 billion to about $1.6 billion — and Councilman P.G. Sittenfeld is leading an effort to get that funding back. With the support of Democratic officials from around the state, Sittenfeld is launching a website called ProtectMyOhio.com, which is gathering petition signatures that will eventually be sent to Kasich and members of the Ohio General Assembly.
Hamilton County Judge Robert Winkler extended the temporary restraining order on the city’s parking plan yesterday, potentially delaying any ruling on the city's plan to lease its parking assets to the Port of Greater Cincinnati Development Authority for another two weeks. In response, the city said it’s approaching a “pressure point” for budget cuts for fiscal year 2014, which must be executed by July 1.
Ohio House Republicans are looking to bolster education funding to poor districts in response to criticisms of Kasich’s 2014-2015 budget proposal. A previous CityBeat analysis found Kasich’s budget proposal disproportionately benefits the wealthy in a few ways, including education funding.
City Council did not vote on funding for a feasibility study for Westwood Square Wednesday, but the vote could happen as early as next week. The delay came after the Westwood Civic Association said in a letter that the plan needs more discussion.
The controversial election bill moved through the Ohio House yesterday despite calls for more time for debate. The bill, which will now head to Kasich to be signed into law, limits the referendum process by giving referendum and ballot initiative petitioners 10 days to get more signatures if the initial batch is found to be inadequate. Under current law, petitioners can continually search for more signatures while the secretary of state and ballot board sort through signatures. Republicans argue the change makes the petition process fair and uniform, but Democrats say it goes too far in weakening ballot initiative and referendum powers.
The state’s $7.6 billion transportation budget, which includes plan to fund transportation projects around the state with Ohio Turnpike funds, breezed through the Ohio Senate Wednesday. It will reach the House for a scheduled vote today.
Attorney General Mike DeWine announced new efforts to help sexual assault victims around Ohio by ensuring each county has adequate services. The efforts are in response to a survey that found 59 percent of counties don’t have comprehensive services and eight counties have very few or no services. “It is our goal to ensure that a quick and compassionate emergency response is available to any victim of sexual assault at any time of the day, any day of the week and in any area of the state,” DeWine said in a statement.
The federal government released data that shows serious safety violations in hospitals that occurred since Jan. 1, 2011, and the University of Cincinnati Medical Center and Christ Hospital are both on the list.
Hamilton County ranked No. 65 out of Ohio’s 88 counties for health in a new survey from Patrick Remington at the University of Wisconsin School of Medicine. The study found suburban counties fare much better than urban counties, and premature death is at a 20-year low.
Accusations of inappropriate teacher behavior in Ohio are on the rise.
Voyager 1 is or may soon become the first object humanity has ever sent out of the sun’s reach.