A local conservative group is making a lot of use of member and lawyer Chris Finney. The Coalition Opposed to Additional Spending and Taxes (COAST) was involved in two lawsuits filed this week: one regarding the Blue Ash Airport deal and another regarding Cincinnati Public Schools (CPS).

Criticism of the Blue Ash Airport deal is not new for COAST. The group has repeatedly criticized the deal, largely because as much as $26 million from the deal will be used to fund Cincinnati’s $110 million streetcar. In the past, COAST has repeatedly characterized the streetcar as a “boondoggle.”

The deal between Blue Ash and Cincinnati is not new, but it did get reworked earlier this year. In 2006, the $37.5 million deal had Cincinnati selling Blue Ash some land on the Blue Ash Airport property, which Blue Ash would then use to build a park. Blue Ash voters approved the deal, which contained a 0.25 percent earnings tax hike, in a two-to-one margin.

When Cincinnati couldn’t get a $10 million grant from the Federal Aviation Administration (FAA), the city stopped working on the airport as it became too costly. The city then tried to shift the proceeds from the deal to the Cincinnati streetcar, but the FAA said funding must be used for airports since the property is classified as an airport. 

Eventually, Cincinnati asked Blue Ash to rework the deal. The plan was Blue Ash would rescind the deal, and then Cincinnati would officially close down the airport and resell the land to Blue Ash while it’s no longer classified as an airport.

At first, city officials said $11 million of the opened-up money would go to the streetcar and $26 million would go to municipal projects. Since then, the city has shifted $15 million of that municipal project funding — supposedly temporarily — to help Duke Energy move underground utility lines from the path of the proposed streetcar route, at least until the city and energy company can work out an ongoing feud.

The reworked deal, which was approved by Blue Ash City Council in a 6-1 vote on Aug. 9, seemed like a win-win for both sides. Cincinnati would get more funding for ongoing projects, and Blue Ash netted $2.25 million from the deal — $250,000 to cover fees for Blue Ash’s new park and $2 million was subtracted from the deal since Blue Ash would no longer have to match the FAA grant.

But COAST does not approve. The organization doesn’t want any funding redirected to the streetcar, and it claims the reworked deal is not allowed. The lawsuit filed by Blue Ash resident Jeffrey Capell and Finney cites a section of the Blue Ash City Charter that disallows some contracts: “No contract shall be made for a term longer than five years, except that franchises for public utility services and contracts with other governmental units for service to be received or given may be made for any period no longer than twenty years.”

Mark Vander Laan, Blue Ash’s city solicitor, says the city charter section the lawsuit is referencing is irrelevant. He argues the deal is not a contract as the city charter defines it; instead, it’s a mortgage and debt instrument. In the Blue Ash City Charter, there’s another section that deals with debt instruments, and that’s what the rescinded deal falls under, according to Vander Laan. He says the city would not function as it does today if the lawsuit’s claim was correct: “If that were the case, all the bonds we’ve ever issued would have been incorrect.”

Vander Laan says the real issue here is disapproval of the streetcar, not any legal technicalities: “They may have a complaint about the streetcar, but that’s not the city of Blue Ash’s issue at all. We don’t think it’s even an appropriate basis to challenge this.”

He added, “Frankly, if somebody had an issue with (the deal), they should have taken that issue back in 2006 and 2007.” That’s when Blue Ash voters first approved the airport deal, but back then, the money wasn’t going to the streetcar, which didn’t even exist at the time.

In another legal battle, COAST filed a lawsuit against CPS over staff allegedly campaigning for Issue 42, a ballot initiative that will renew a CPS levy voters approved in 2008. The case goes back to 2002, when Tom Brinkman, chairman of COAST, sued CPS for “illegal and unconstitutional use of school property for campaign purposes,” according to the lawsuit. That case ended in a settlement, which forced CPS to enter into a “COAST Agreement” that says, “CPS will strictly enforce a policy of preventing … Other Political Advertisements on CPS Property.”

But COAST now says that agreement has been broken, and the lawsuit cites emails as evidence. The emails show staff promoting voter registration drives, which aren’t directly linked to Issue 42, and staff offering to contribute and volunteer to the campaign. In the emails, there are a few instances of Jens Sutmoller, Issue 42’s campaign coordinator, asking CPS staff to give him personal emails, which shows he was trying to avoid breaking any rules.

In CityBeat’s experience, CPS officials have been pretty strict with following the settlement with COAST. In a Sept. 20 email, Janet Walsh, spokesperson for CPS, told CityBeat she could not provide some levy-related information during work hours: “Yes, but due to constraints about doing levy-related work on work time (we can't), it may have to wait until I can get on my home computer.”

COAST has endorsed a “No” vote on Issue 42. In CityBeat’s in-depth look into CPS and Issue 42 (“Battered But Not Broken,” issue of Oct. 3), Brinkman defended COAST’s position by saying they’re not necessarily against the school getting funding. COAST is more interested in holding the school accountable: “It’s a five-year levy. The reason we have five-year levies is so the public can gauge after four or four and a half years how the entity where the taxes are going to is doing with the money.” In that sense, for COAST, it’s important to bring the levy renewal to voters as late in the game as possible — November 2013 in this case. CityBeat this week endorsed a "Yes" vote on Issue 42 here.

Criticism of CPS levies is also not new for COAST. The group campaigned against last year’s new, permanent $49.5 million levy, which CPS said it needed to meet new technology needs and keep some buildings open.

A group working to defeat Issue 48 filed a complaint today against a conservative group with the Ohio Elections Commission.

Cincinnatians for Progress, which is urging a "no" vote on Issue 48, filed the complaint against the Coalition Opposed to Additional Spending and Taxes (COAST). It alleges COAST knowingly and repeatedly has made false statements in its campaign in support of the ballot initiative.

The complaint cites 20 instances in the past two months in which COAST allegedly made false statements in violation of Ohio Revised Code Section 3517.22. Most involve allegations the city has taken funds away from fire services to fund the streetcar project.

Read More

City Manager Milton Dohoney Jr. defended the streetcar project at a special four-hour session of City Council yesterday, but the city manager did not reveal any specifics over how the project’s $17.4 million budget gap could be closed. Dohoney revealed the price of halting the project would be $72 million: the project has already cost the city $19.7 million, the city would have to spend another $14.2 million in close-out costs and another $38.1 million in federal grants would have to be returned to the federal government. Most of Dohoney’s presentation focused on the streetcar’s economic benefits, but opponents say the budget gap proves the streetcar project is unsustainable and its costs are too high.

The Cincinnati Enquirer identified the 17-year-old honors student at LaSalle High School who tried to commit suicide in front of a classroom of 22 other students yesterday, even though parents asked press to provide privacy. The student remains alive and in critical condition this morning. No other students were physically hurt, and classes are resuming as normal. (Update: The student’s name was removed from this post upon the family’s request.)

The city is moving to sell Tower Place Mall for $1 to Brook Lane Holdings, an affiliate of JDL Warm Construction, so the construction company can pour $5 million into the defunct mall and convert it into a garage with street-level retail space. Financing the project at Pogue’s Garage, which is across the street from Tower Place Mall, is still being worked out now that the parking plan has been delayed by court battles and a referendum effort.

Cincinnati’s police and firefighter unions are filing a lawsuit over the city’s health care dependent audit. The city is asking employees to verify whether spouses and children are legitimately eligible for health care benefits by turning over documents such as marriage licenses, birth certificates and tax returns. The unions’ attorney told WVXU the unions are willing to provide the necessary documents, but he said they’re concerned the process is too intrusive and difficult.

Two firms are getting tax credits for creating jobs in the Greater Cincinnati area: 5Me, which creates manufacturing software, and Festo Americas, which specializes in factory and process automation. Altogether, the credits could create 312 jobs in the region.

A Democratic state senator hinted yesterday at letting voters decide whether Internet sweepstakes cafes should be allowed in Ohio. State officials, particularly Attorney General Mike DeWine, claim Internet cafes are hubs for criminal activity. The Ohio House already passed a measure that would effectively ban the cafes, but some are cautious of the ban as the Ohio Senate prepares to vote.

An intelligent headlight makes raindrops disappear.

Some people may prefer death to being saved by this terrifying robot snake.

Traffic can be awful — not just for drivers, but economies and the environment as well. A study released Tuesday by the Texas A&M Institute of Transportation found Cincinnati lost about $947 million in 2011 to delays on the road, coming in at No. 27 nationwide.

The Annual Urban Mobility Report also ranked Cincinnati No. 37 nationwide for extra time stuck in traffic, with the average Cincinnati commuter spending an extra 37 hours on the road in 2011. In comparison, the average Columbus commuter spent 40 extra hours in traffic in 2011, and the typical Cleveland commuter spent 31 extra hours. For all three cities, estimates were unchanged from 2010.

Traffic jams also have a major impact on climate change. According to the report, congestion caused cars to produce an extra 56 billion pounds of carbon dioxide nationwide, with Cincinnati commuters producing 421 million pounds.

The report shows why it’s important for governments to reduce traffic congestion with transit projects like the Cincinnati streetcar. In general, public transportation leads to less congestion by taking cars off the road as people use buses, streetcars and trains instead. But some cities have taken it even further. By adopting exclusive lanes for buses and streetcars, cities like San Francisco have made public transportation more attractive, which makes people more likely to forsake their own cars in favor of public alternatives.

The MLK/I-71 Interchange project is supposed to be funded through the city’s parking plan, but mayoral candidate John Cranley, who opposes the parking plan and streetcar, says the city should instead use federal funding that was originally intended for the streetcar project.

Between 2010 and 2011, the streetcar project was awarded about $40 million in federal grants — nearly $25 million through the Urban Circulator Grant, $4 million through the Congestion Mitigation and Air Quality (CMAQ) Grant and nearly $11 million through TIGER 3.

The grants are highly competitive and allocated to certain projects. In the case of Cincinnati, the grants were specifically awarded to the streetcar after it was thoroughly vetted as a transit, not highway, project.

The Department of Transportation (DOT) website explains why the Urban Circulator Grant is only meant for transit projects like the streetcar: “Urban circulator systems such as streetcars and rubber-tire trolley lines provide a transportation option that connects urban destinations and foster the redevelopment of urban spaces into walkable mixed-use, high-density environments.”

The CMAQ Grant’s main goal is to fund projects that curtail congestion and pollution, with an emphasis on transit projects, according to the Federal Highway Administration. The website explains, “Eligible activities include transit improvements, travel demand management strategies, traffic flow improvements and public fleet conversions to cleaner fuels, among others.”

The DOT website says TIGER 3 money could go to a highway project, but one of the program’s goals is promoting “livability,” which is defined as, “Fostering livable communities through place-based policies and investments that increase transportation choices and access to transportation services for people in communities across the United States.” TIGER 3 is also described as highly competitive by the DOT, so only a few programs get a chance at the money.

The parking plan would lease Cincinnati’s parking assets to the Port of Greater Cincinnati Development Authority and allocate a portion of the raised funds — $20 million — to the MLK/I-71 Interchange project, but the plan is currently being held up by a lawsuit seeking to enable a referendum.

The streetcar is one of the few issues in which Cranley and Vice Mayor Roxanne Qualls, a streetcar supporter who is also running for mayor, are in stark contrast (“Back on the Ballot,” issue of Jan. 23).

Cranley’s opponents recently accused him of originally supporting the streetcar when he was a council member through two 2008 City Council motions, but Cranley says those motions, which he co-sponsored, only asked the city administration to study the merits of a streetcar plan, not approve of it. Cranley voted no on the first streetcar resolution in October 2007 and the motion to actually build the streetcar in April 2008.

“I’ve never said that I’m against the (streetcar) concept in all circumstances,” Cranley says. “I wanted to know if there was a way that they could pay for it in a way that wouldn’t take away from what I thought were more important priorities.”

Former Ohio governor Ted Strickland, who rose to the governorship with the help of the National Rifle Association, says gun rights and gun control can co-exist. The claim is in light of the massacre at Sandy Hook Elementary School in Newtown, Conn., which killed 20 children and six adults. Many have called for stricter gun control in light of the past year’s bouts of gun violence, but Republicans are typically opposed to such proposals. A recent poll from The Washington Post and ABC News found 59 percent of Americans support banning high-capacity ammunition clips, much like the ones used in the Newtown shooting. Another 52 percent back the ban of semi-automatic handguns. 

Still, Gov. John Kasich isn’t changing his mind on the Second Amendment. He says he will sign a bill that allows guns in the Ohio Statehouse parking garage. The bill will also change the definition of an unloaded gun, allowing gun owners to carry loaded clips in their vehicles as long as they are in a separate compartment from the gun, and make concealed carry permits from other states easier to validate in Ohio.

Despite denials from city officials, mayoral candidate John Cranley and Councilman Chris Smitherman insist city government is trying to use the transit fund to fund the streetcar. But Mayor Mark Mallory in an op-ed for The Cincinnati Enquirer said it will not happen. Mallory said the dispute dates back to a lawsuit filed by Southwest Ohio Regional Transit Authority (SORTA), which runs the Metro bus system. The lawsuit demands transit funds be solely dedicated to SORTA.

Cincinnati’s U.S. Rep. Steve Chabot has vowed to continue trying to kill the streetcar. Even though voters have approved of the streetcar twice, Chabot, who also represents Warren County in district boundaries that were redrawn by Republicans, says he would rather focus federal funding on other projects, like the Brent Spence Bridge.

A conservative northern Kentucky lawmaker is supporting a bill that expands prisoners’ rights to DNA testing. The bill would allow a Cincinnati man to push for DNA testing that he claims will exonerate him of a 1987 rape and murder in Newport. Ky. Sen. John Schickel argued, “If DNA testing is good enough to send you to prison it should be good enough to get you out of prison.”

Cincinnati-based Fifth Third Bank bought another $100 million in stock from Credit Suisse International. The deal is part of a larger program to buy back 100 million shares.

Cincinnati State is in line to obtain $123,000 from the state government. The funding could create 51 new or expanded co-op jobs.

The United Way of Greater Cincinnati announced $50.7 million in investments for 2013, a slight increase from 2012. The increase will help boost funding to prepare children for kindergarten by 5 percent. It will also fund 288 programs at 146 agencies, with seven becoming new United Way agency partners.

The Prince Hall Shriners, which describes itself as “the world’s oldest African-American fraternal organization,” is returning to Cincinnati in 2015. The convention was in Cincinnati in 2011.

Duke Energy’s local management is being shaken up. Jim Henning will take over as president for Duke Energy Ohio and Kentucky.

Ohio Board of Regents Chancellor Jim Petro is retiring.

Did you know our solar system is sort of like a phoenix? It apparently rose from the cumulative ashes of countless stars, not one supernova.

Ohio Attorney General Mike DeWine is proposing training school staff and teachers to be first responders in the case of an attack. The news comes in the wake of the massacre in Sandy Hook Elementary School in Newtown, Conn., which caused the deaths of 20 children and six adults. CityBeat proposed its own solution in this week’s commentary: Make this time different by focusing on mental health services and gun control.

Cincinnati will lease Music Hall for 75 years to the Music Hall Revitalization Company (MHRC). The lease is part of a plan to renovate the iconic building to include more comfortable seating, extra restroom capacity, heating, air conditioning, improved plumbing and new escalator models. During the renovations, Music Hall will be closed for 17 months.

City Council passed a resolution promising not to use Metro bus money for the streetcar. The supposed conflict between the city of Cincinnati and the Southwest Ohio Regional Transit Authority (SORTA) is being drummed up by the media, but it’s really much ado about nothing. 

Metropolitan Sewer District rates will go up by 5 percent in early 2013.

The Cincinnati Health Department is pushing recommendations from a lead hazard study. The recommendations would prohibit lead-based paint hazards and require all properties to be free of lead-based paint, dust and soil. City Council is asking the health department to carry out the regulations, and it expects from a plan and timetable from regulators within 60 days. One study found getting rid of lead would do wonders for school performance

A Brookings Institute ranking placed Greater Cincinnati among the worst areas in the country due to falling home prices.

Cincinnati-based Fifth Third Bank agreed to a $16 million settlement in a securities fraud case. The four-year-old lawsuit was brought in the onset of 2008’s financial crisis, when the bank’s stock plummeted as it took several large writedowns.

Cincinnati’s Horseshoe Casino still needs to fill 450 positions in food and beverage, marketing, finance, security and more. A Washington Post analysis found casinos tend to bring jobs, but they also bring crime, bankruptcy and even suicide.

As expected, hydraulic fracturing, or fracking, is helping Ohio’s economy. The state has 39,000 jobs attached to oil and gas this year, and the number is expected to triple by the end of the decade. To take advantage of the boom, Ohio Gov. John Kasich says he will push his oil-and-gas severance tax in 2013. But the plan faces opposition from liberals and conservatives.

If Ohio Republicans tried to push “right-to-work” legislation, it would lead to a very nasty public fight, The Plain Dealer reports. Kasich and Republican lawmakers didn’t rule out using ballot initiatives to push conservative ideas like right-to-work in a press conference yesterday, but he did say he’s like a horse with blinders on, focusing on job creation.

The animal and robot takeover have been merged in the BigDog robot. It can now obey voice commands, follow and roll over.

Meg Olberding, city spokesperson, attributes the delay to “a number of scheduling issues.”

“There’s so many moving pieces,” she says. “There are issues with utility and we have to order the cars. We have to get a contractor on-board for the work. So we still have a couple of things that are taking longer than we thought.”

The delay, which was announced Sept. 10, is the latest in a history of plan and schedule changes for the Cincinnati streetcar, which saw $52 million pulled by Gov. John Kasich last year and forced the city to abandon its Uptown connector lines. Kasich, who has been against other rail projects in the state, claimed the move was necessary to balance the 2012-2013 budget.

Today, a feud between the city and Duke Energy is causing more trouble. The city and utility company disagree over who should pay for moving utility lines to accommodate the streetcar. On Aug. 29, the city said it was considering a lawsuit to resolve the issue. Olberding says the conflict played a role in the delay.

“We need to resolve that quickly because, obviously, the longer we can’t get utility work done, it’ll cause delays and cost overruns,” she says. “So we want to get that done as soon as possible.”

Before the current spat, the city and Duke could not agree on whether manhole covers and utility lines should be eight feet from streetcar tracks or three to four feet. The city claimed the smaller number was fine, but Duke disagreed, citing fears for its workers. In a previous look at the issue, CityBeat found the city’s standard was supported by experiences in other cities (“The Great Eight Debate,” issue of March 6). The city eventually won out, and manholes will only be required to be three to four feet from streetcar tracks.

The streetcar has faced consistent opposition from other Republicans besides Kasich. U.S. Rep. Steve Chabot of Cincinnati successfully amended the 2013 transportation bill to ban federal funding from going to the streetcar and other light rail projects. Councilman Charlie Winburn, the lone Republican on Cincinnati City Council, said the city should stop its threat of lawsuit against Duke Energy.

The Cincinnati Enquirer reports the Cincinnati streetcar is being delayed until 2016. The streetcar has been delayed time and time again, much to the cheer of opponents. Some opponents have taken the delay as yet another chance to take shots at the streetcar, but the city says a lot of the delays have been due to factors out of the city’s control, including ballot initiatives, the state pulling out a massive $52 million in funding and a dispute with Duke Energy.

U.S. Speaker John Boehner was re-elected U.S. House speaker. Just moments after securing the top House seat, Boehner said he will make the U.S. debt a top priority. But continuing to make the debt and deficit top issues could hurt the economy, as the fiscal cliff and recent developments in Europe have shown.

Uncle Sam is helping out Cincinnati firefighters. The Cincinnati Fire Department will be getting $6 million in federal grant money to hire 40 additional firefighters. The money will be enough to fund salaries for two years.

Cincinnati’s biggest cable provider dropped Current TV after it was sold to Qatar-based Al Jazeera. The Pan-Arab news network has had a difficult time establishing a foothold in American markets, largely because of the perception that it’s anti-American. But Al Jazeera has put out some great news stories, and some of the stories won awards in 2012.

If anyone is planning a trip through New York City’s LaGuardia Airport, Dayton International Airport now has that covered.

A small town in Ohio is being accused of covering up an alleged gang rape to protect a local football team. But KnightSec, a hacking group affiliated with the organization Anonymous, is fighting back by releasing evidence related to the case.

Despite a solved fiscal cliff deal extending emergency unemployment benefits, Ohio’s unemployed will soon be getting less aid. The decrease was automatically triggered by the state’s declining unemployment rate.

Ohio’s universities are adopting more uniform standards for remedial classes.

The newest Congress is a little more diverse.

In what might be the worst news of the century, the Blue Wisp Jazz Club could close down. The club, which has the greatest spinach-and-artichoke dip in the universe, is facing financial problems.

People who recently obtained gift cards for Rave Motion Pictures may want to get a move on. The theater is being sold to AMC Theatres.

A new theory suggest Earth should have been a snowball in its early days, but it wasn’t due to greenhouse gases.