Plan Cincinnati is expected to be approved by City Council Wednesday, according to Vice Mayor Roxanne Qualls. The plan was unanimously approved by the Livable Communities committee last night. Plan Cincinnati, which is Cincinnati’s first comprehensive plan in 30 years, emphasizes the city’s urban center through new infrastructure, transportation options and goals to make downtown residents stay in the area. CityBeat previously covered the plan in greater detail here.

At the request of the sole Democrat on the Hamilton County Board of Commissioners, a vote on the 2013 budget is being delayed by one week. Commissioner Todd Portune asked Commission President Greg Hartmann, a Republican, for the vote delay to address funding to juvenile courts and plans for future financial stability. Hartmann agreed to the delay, noting consensus is important for budget issues. The budget won’t raise taxes, but it could put 150 Hamilton County employees out of jobs.

Wastewater injection wells, which are used to dispose of fluids used during the fracking process, will soon be popping up around Ohio again. The wells are the first to get state approval since earthquakes around Youngstown in December were blamed on nearby wastewater injection wells. It’s clear little — not even earthquakes — will stop Ohio’s fracking boom, but at what cost? It is generally accepted switching from coal to natural gas would bring down pollution that causes global warming, but some findings from Australia suggest problems still lay ahead. One study found an abnormal amount of greenhouse gases around an Australian fracking site. Methane leakage in particular is a problem at natural gas sites because over 100 years methane is 25 times more effective at trapping heat than carbon dioxide, according to the Intergovernmental Panel on Climate Change.

Cincinnati home sales shot up in October, according to the Cincinnati Area Board of Realtors. The report paints a great picture for the city’s housing economy. Housing was one of the biggest sectors hit by the financial crisis of 2007-2008, so a recovery in housing is a sign the economic downturn could soon be a thing of the past.

University of Cincinnati researchers want to know if testing emergency-room patients for HIV makes sense. ER doctors worry about longer wait times, disrupted operations and possible interference with emergency services, but the health benefits could outweigh the negatives.

FirstGroup America is looking into moving from its Cincinnati headquarters. The company originally got a million-dollar tax incentive from the city for moving to downtown.

Ohio Gov. John Kasich hopes his rejection of Obamacare’s health exchanges will ignite some re-election fundraising. Kasich is up for re-election in 2014. Exchanges are subsidized, heavily regulated insurance markets that will go into effect in 2014 as part of Obamacare. They are supposed to bring down costs by offering more transparent, open competition through a fair, regulated marketplace. With Kasich’s rejection, the federal government will manage Ohio’s exchange.

Ohio Secretary of State Jon Husted finally had a good day in court on Saturday. In a reversal from the lower court’s ruling, the Sixth U.S. Circuit Court of Appeals said ballots without proper identification should not be counted. It’s estimated that, at most, the ruling will affect about 2,000 votes.

A Dayton man allegedly robbed the same bank twice.

Behold, the greatest thing the internet has ever created: The Spice Kittens livestream.

With a nose cell transplant, paralyzed dogs are walking again.

City Council’s Livable Communities committee is expected to hear about and likely vote tonight on the city’s first master plan in more than 30 years. The plan, which CityBeat previously covered, seeks a renewed emphasis on Cincinnati’s urban core through new infrastructure and transportation options. It was put together largely based on public feedback.

The “fiscal cliff,” which is really more of a self-induced austerity crisis from the federal government, could seriously hurt Ohio schools. Educators around the state, including Cincinnati schools, are expecting a cut of about 8 percent in federal funding. A Cincinnati Public Schools levy was recently renewed after a decade of cuts and problems at the school district.

Gov. John Kasich has finally made a decision for Obamacare: The state will not run the health exchanges that are a big part of the plan. With the governor’s decision, managing the health exchanges now falls to the federal government. Rob Nichols, Kasich’s spokesperson, defended the governor’s decision by pointing out that even if the state managed the exchanges, the federal government would always have the final say, creating an arrangement “just doesn’t make sense for the state.” Exchanges are subsidized, heavily regulated insurance markets that will go into effect in 2014 as part of Obamacare. They are supposed to bring down costs by offering more transparent, open competition through a fair, regulated marketplace.

Cincinnati’s economy is being carried largely by manufacturing, and that looks likely to continue.

Business schools at the University of Cincinnati, Miami University, Xavier University and Northern Kentucky University were found to be among the nation’s best, according to the Princeton Review. Still, none of the schools made the top 10 rankings for the review’s 11 categories.

City Council is holding a public hearing today to find out what the city should do with casino revenue. Some of the council members already have plans, but City Council wants public feedback to shape the final decision.

In other council news, the Human Services Advisory committee recommended funding for 56 out of 58 programs. The two programs left out are the Over-The-Rhine Kitchen and a social education program offered by the Starfire Council of Greater Cincinnati.

Cincinnati’s Metro bus service will be getting a revamp in the next few years. The company released a comprehensive plan with short-term and long-term goals that focus on increasing travel speed and reach.

Charter schools are where a large amount of Ohio kids are getting their education. This is despite the fact that, in general, traditional public schools perform better than charter schools, according to state standards.

Food stamps for Ohio families are getting reduced by about $25 a month. The good news is the cut is lower than expected.

The Ohio Department of Rehabilitation and Correction released a “re-inspection report” for the Lake Erie prison owned by Corrections Corporation of America. According to the new report, CCA has come a long way and corrected many of the violations the state originally found in the private prison. The last report found the prison, which CCA bought in 2011, was riddled with problems. CityBeat looked at private prisons, their problems and the shady connections between state officials and CCA in an in-depth report.

A report found more Ohioans are taking advantage of a national settlement that lets households refinance their mortgages. In total, more than 4,500 Ohioans have refinanced for $165 million in consumer relief. Still, many eligible Ohioans are not taking advantage of the opportunity.

Here are pictures of a tiny octopus, fighting female robots and an orange-powered battery.

The Anna Louise Inn today won another case in front of the Cincinnati Zoning Board of Appeals. The ruling upheld a Historic Conservation Board decision that gave Cincinnati Union Bethel, which owns the inn, a conditional use permit that will allow the social service agency to carry on with a planned $13 million renovation. Western & Southern in a statement given to reporters following the decision vowed to appeal the ruling.

At the hearing, Western & Southern attorney Francis Barrett, who is the brother of Western & Southern CEO John Barrett, continued his argument that the Anna Louise Inn is a “high-crime area.” The accusation is meant to disqualify the Inn for the conditional use permit, which requires that the building’s use will not be detrimental to public health and safety or negatively affect property values in the neighborhood. During an Aug. 27 hearing, the Historic Conservation Board found no direct evidence connecting residents of the Anna Louise Inn to criminal activity in the neighborhood.

Barrett also emphasized Western & Southern’s stance that continuing on the current path set by the Historic Conservation Board is a waste of taxpayer money because the Inn is receiving public funds. Barrett labeled the funds “excessive expenditures.” However, that argument has little bearing on whether the Inn deserves a conditional use permit, because it’s not relevant to zoning laws and rules.

Tim Burke, Cincinnati Union Bethel’s attorney, began his defense of the Anna Louise Inn by calling the ongoing case one of the most “frustrating” of his career. He suggested Western & Southern is just continuing its attempts to delay the Inn’s renovations as much as possible.

Regarding the charge that the Anna Louise Inn has adverse effects on public health and safety, Burke told the Zoning Board of Appeals that the only adverse effect is on Western & Southern because “they want the property and can’t get it.” He claimed there is no proof that the Anna Louise Inn perpetuates crime in the area, and testimony and evidence presented in the case has proven as much.

The case is only one of many in the ongoing conflict between Cincinnati Union Bethel and Western & Southern, which CityBeat previously covered in-depth (“Surrounded by Skyscrapers,” issue of Aug. 15). Cincinnati Union Bethel wants to renovate the Anna Louise Inn in part with $10 million in tax credit financing from the Ohio Housing Finance Agency and a $2.6 million loan funded by U.S. Department of Housing and Urban Development that was awarded by the city. Western & Southern says it wants to use the Lytle Park area, where the Inn is located, for private economic development.

The series of cases began when Judge Norbert Nadel ruled on May 27 that the Anna Louise Inn classifies as a “special assistance shelter,” which requires a different kind of zoning permit than the previous classification of “transitional housing.” That ruling was appealed by Cincinnati Union Bethel to the Ohio First District Court of Appeals, which held hearings on Oct. 30 and is expected to give a ruling soon.

A City Council committee wants Cincinnati’s leadership to investigate whether workers in a Clifton Heights development project are being paid what they’re supposed to.

The Strategic Growth Committee on Wednesday passed a motion asking the city administration to report back on wage payments to workers on the U Square development. The project includes a parking garage as well as residential and commercial units.

Under Ohio law, workers on projects funded by cities must be paid a prevailing wage, which is equivalent to the wage earned by a union worker on a similar project.

The city only has money invested in the garage, and the state  of Ohio recently ruled that workers on other parts don’t have to be paid prevailing wage.

Council members Wendell Young, Cecil Thomas and Laure Quinlivan produced a video in which they interviewed carpenters who said they were being paid less than the prevailing wage.

At issue is a letter from developer Towne Properties that says the company will pay all workers prevailing wage anyway. Arn Bortz with Towne Properties said his company cuts a check to subcontractors respecting that agreement, so if workers aren’t being paid the proper amount it’s their fault.

City Solicitor John Curp told members of the Strategic Growth Committee that under city and state law, the subcontractors are not required to pay workers a prevailing wage on parts of the project that are not getting public funding. He said the letter from the developer does not hold the weight as a legal contract.

Young, Thomas, Quinlivan and Councilman P.G. Sittenfeld all expressed the need to overhaul the way the city enters into development contracts to better protect workers.

However, City Manager Milton Dohoney hinted that overzealous requirements for high wages could chase off some development projects.

He said that a project like U Square is tied to the Clifton location because of its proximity to the University of Cincinnati, but the city can’t be too restrictive when it comes to businesses that could expand elsewhere.

Dohoney said the city also doesn’t currently have the manpower to do the kind of aggressive enforcement that the council members were asking for.

Councilman Young countered that he would like to see the city be as aggressive with enforcement as they are with making economic development deals.

“We want to change the rules of the game to make sure everyone is treated equal,” Young said. 

Some members of city council agreed that the city needs to take a hard look at the way it inspects projects done with taxpayer money, but they took no action during a special joint committee meeting Thursday to discuss allegations that workers were being underpaid at the University Square development in Clifton.

Council members Laure Quinlivan, Cecil Thomas and Wendell Young presented a video investigation they conducted, which included interviews with workers on the project who claim they were being taken advantage of by the University Square developers.

Under Ohio and Cincinnati law, workers on projects funded by taxpayers must be paid a so-called “prevailing wage” (the same as a unionized worker) and be given benefits. 

In Cincinnati, that wage is $23.17 an hour for the carpentry work done by the workers interviewed for the video.

The workers in the video claimed they were paid $500 for working a 60-hour week.

“Five-hundred dollars a week to me when you don’t have a job, that’s a lot,” said Garrick Foxx, a construction worker on the project. 

“But actually when you average it out, it’s not. Like to the hour-wise it’s probably like 9-something, so like I could actually make that working at McDonalds.”

The University Square developer — a collaboration between Towne Properties and Al. Neyer, Inc. — is building a complex with a parking garage, residential units and retail space.

The City of Cincinnati has $21 million invested in the parking garage. The State of Ohio recently ruled that the prevailing wage provisions apply only workers constructing the garage that the city has money invested in.

Arn Bortz with Towne Properties said the controversy was ginned up by unions and it hasn’t been proven that workers are being underpaid.

“All of this was started by the unions themselves because they became very unhappy when the State of Ohio said a sizeable portion of our project was not subject to prevailing wage,” Bortz said. “They tried then to discredit and intimidate anyone who is on the other side of the table.”

Bortz said he agreed to pay a prevailing wage even to workers who worked on parts of the project not subject to the law. He said he cuts a check to the subcontractors based on that agreement.

“Whether any of those subcontractors might have been unfair to the workers, we do not know,” Bortz said. “If they were, they should be made to be fair.”

Deputy City Solicitor Aaron Herzig said if the contract required a particular wage be paid and it wasn’t, the city can bring a breach of contract action against the developers. But to start an investigation, a complaint must first be made.

The council members asked that their investigation be considered a formal complaint.

Conservative groups are pushing Ohio to purge its voter rolls. The move is largely seen by Democrats as an attempt to disenfranchise and suppress voters. The groups in support of the purge, which include Judicial Watch and True the Vote, typically cite voter-related errors and voter fraud as the main reason for their efforts, but there have been 10 cases of in-person voter fraud since 2000, according to a News21 study. Florida Gov. Rick Scott also pushed for a voter purge in his state, but Democrats vowed to fight the purge at every step.

Cincinnati is No. 7 in the country for job growth, a study from Arizona State University found. Cincinnati beat out Riverside, Calif., but it lost to San Francisco, Denver, Houston, Phoenix, Seattle and San Diego.

Josh Mandel, excessive liar, Ohio treasurer and senatorial candidate for Ohio, described Sen. Sherrod Brown of Ohio as “un-American” for his vote supporting the auto bailout, which helped protect 850,000 jobs in Ohio’s auto industry. But Mandel still refuses to give specifics on what he would have done differently to protect the auto industry. 

Kentucky is getting another creationist attraction. Apparently not content with the false claims asserted at the Creation Museum and Ark Encounter, a new group wants to build a brick-and-mortar for the Founders of Creation Science Hall of Fame.

Most people might not remember it since it’s rarely mentioned in the news anymore, but America is still at war in Afghanistan. Yesterday, the Taliban beheaded 17 civilians for having a party, two U.S. soldiers were killed by an Afghan soldier and 10 Afghan soldiers died to insurgents.

The Conservation Board staff reviewed the standards required for conditional use and the Anna Louise Inn’s application, concluding that the facility should be allowed to operate as a “special assistance shelter.” 

The Board is expected to rule on the permit Aug. 27 after receiving the recommendation and hearing testimony from the Inn’s administrators and supporters. Representatives from Western & Southern Financial Group, which sued the Anna Louise Inn over zoning violations in 2011, will also have an opportunity to testify. 

CityBeat last week reported the details of Western & Southern’s failure to purchase the Anna Louise Inn when it had the chance and the company’s subsequent attempts to force the Inn out of the neighborhood (“Surrounded by Skyscrapers", issue of Aug. 15). 

Tim Burke, lawyer for the Anna Louise Inn, is pleased with the staff’s determination that the renovation met all qualifications for conditional use. 

“I was certainly optimistic that we would get a positive recommendation,” Burke says. “This is obviously an extremely positive recommendation and we agree with it.”

The staff recommendation states that the Anna Louise Inn “creates, maintains and enhances areas for residential developments that complement and support the downtown core” and that “no evidence has been presented of any negative public health, safety, welfare or property injury due to the current use.” It also notes that “the Anna Louise Inn is a point of reference from which all other new and renovated buildings must be designed in order to be compatible with the district.”

The Anna Louise Inn only applied for the conditional use permit because Judge Norbert Nadel ruled in Western & Southern’s favor on May 4, determining that the Inn is a “special assistance shelter” rather than “transitional housing,” which froze $12.6 million in city- and state-distributed loans for the Inn’s planned renovation. The Anna Louise Inn appealed that decision but also applied for the conditional use permit from the Conservation Board under the judge’s definition, because special assistance shelters qualify for conditional use permits under the city’s zoning code. 

Francis Barrett, lawyer for Western & Southern, appears to have taken exception to the Anna Louise Inn’s application. He sent a letter to the Conservation Board Aug. 20 stating that “the description of the proposed uses set forth in the application for conditional use approval … is not the same as nor consistent with the Court’s decision.”

Barrett didn't return a message left by CityBeat with the receptionist at his law firm after a Western & Southern media relations representative directed CityBeat to contact him there. Francis Barrett is the brother of Western & Southern CEO John F. Barrett.

UPDATE: Francis Barrett returned CityBeat’s call after this story was published. His comments are at the end.

Burke doesn’t know what Barrett meant by suggesting that the proposed uses in the Anna Louise Inn’s application for conditional use don’t follow Nadel’s May 4 ruling. 

“We’re doing what they argued in court,” Burke says. “Judge Nadel’s decision doesn’t ever exactly say ‘you’re a special assistance shelter.’ It certainly refers to the Off the Streets program that way and it certainly refers to (the Anna Louise Inn) as a single unified use. It says ‘go back to the appropriate administrators and seek conditional use approval.’ That’s what we’re doing.”

Stephen MacConnell, president and CEO of Cincinnati Union Bethel, which owns the Anna Louise Inn, says the hearing will involve testimony from himself and Mary Carol Melton, CUB executive vice president, along with supporters of the Anna Louise Inn. 

“We’ll bring a few witnesses just to basically lay out the situation,” MacConnell says. “The board will already have the staff recommendation, so the witnesses that we’ll bring will briefly testify about how we meet the required standards.”

Western & Southern will have a chance to appeal if the Historic Conservation Board grants the conditional use permit. Burke expects that to happen. 

“What I’m pissed about is Western & Southern, they don’t give a damn,” Burke says. “We can do exactly what Judge Nadel told us to do and get it approved as a conditional use. They will appeal it to the zoning board of appeals. We can win it there and they will appeal it and get it back in front of Judge Nadel and then I don’t know what will happen.” 

The hearing is scheduled to take place at 3 p.m. Monday, Aug. 27 at Centennial Plaza Two, 805 Central Ave., Seventh Floor.

UPDATE 5:36 P.M.: Regarding the letter Francis Barrett sent the Conservation Board Aug. 20 stating that “the description of the proposed uses set forth in the application for conditional use approval … is not the same as nor consistent with the Court’s decision,” Barrett said Friday evening: “I just felt that the description in the submission was different from the description in the decision. I would say it was just not complete.” 

When asked for specifics, Barrett said: “I’d have to get the decision out and look at it carefully. I don’t have it in front of me I just thought in general.”

Barrett said Western & Southern will give a presentation to the Historic Conservation Board on Monday but declined to elaborate because it wasn’t finalized. 

When asked if Western & Southern will appeal a ruling in favor of the Anna Louise Inn, Barrett said: “It all depends what the decision states.”

The Ohio Republican Party has given an excuse for Franklin County Republican Party Chairman Doug Preisse’s racist comment: Preisse thought he was off the record. The defense solidifies that Preisse, who is also a top adviser to Gov. John Kasich, was being honest — just not public — when he wrote in an email to The Columbus Dispatch, “I guess I really actually feel we shouldn’t contort the voting process to accommodate the urban — read African-American — voter-turnout machine.” The comment was supposed to defend the Ohio Republican Party’s position against expanding in-person early voting, but it only revealed that racial politics play a pivotal role in the Republican Party’s opposition to expanded voting.

Cincinnati has revealed the first master plan for the city since 1980. The plan seeks to put back an emphasis on urban living with policies that are friendlier to the environment and non-automotive transportation.

Cincinnati-based Fifth Third Bank is facing a class action lawsuit for what the plaintiff calls “payday loans.” The plaintiff alleges that the bank was charging illegally high interest rates.

University of Cincinnati President Greg Williams is stepping down, citing personal reasons. Santa Onos, who previously served as provost, will take over temporarily as interim president.

The Ohio Hospital Association is backing the Medicaid expansion. The expansion is an optional part of Obamacare. The Dispatch blog calls the expansion “costly,” but Medicaid expansions can actually save the state money by eliminating uncompensated hospital visits — on top of possibly saving lives.

The Ohio Board of Education will hold an emergency meeting tomorrow. The meeting will set the “process and criteria” for the Board’s search for a new superintendent of public instruction.

Forty-one Greater Cincinnati companies made it on the latest Inc. 5000 list.

Obama was in Columbus yesterday. During the trip, the president talked mostly about young people and education in an attempt to rally the youth vote.

U.S. spending on health care is set to rise by 50 percent by 2020, a new report says. As part of Obamacare and other programs, the federal government is trying to bring health-care costs down, which have risen faster than the rate of inflation in recent history.

Scientists have caught a glimpse of a red giant — an expanding star in its final stages — devouring one of its own planets. The same will happen to our galaxy someday, painting a fairly grim future for Earth. Fortunately, humanity has a few billion years to find a solution.

The City of Cincinnati today released the final draft for its plan to “re-establish (Cincinnati) as a model of a thriving urban city.” Plan Cincinnati, which will be taken up in a public hearing on Aug. 30 at 6 p.m., is the first master plan for Cincinnati since 1980.

The primary goal behind the plan is to transition the city away from a model that emphasizes suburban living back to a more urban model. The plan’s report justifies the shift by attributing it to a new societal need.

“Dissatisfied, American society is now beginning to reverse the trend (of suburban living) with the hope of returning to an environment that is more economically and environmentally sustainable, less dependent on the automobile, closer in scale to human form, and ultimately, truly more livable,” the report says.

The plan will make this transition with six guiding principles: Provide more transportation choices, promote equitable, affordable housing, enhance economic competitiveness, support existing communities, coordinate and leverage federal policies and investment, and value communities and neighborhoods.

The vague principles are outlined in greater detail in the 228-page report, which can be read in full here. 

One of the key parts of the plan is its expansion of options for non-automotive travel. The plan promises to focus more work on bicycle paths, support a Bicycle and Pedestrian Program and build links between bicycle systems to allow more cycling through the city. The city will also “design and construct the Ohio River Bike Trail through Cincinnati” and make the city safer for cyclists by making roads smoother and cleaner.

The plan also encourages other transportation programs. Establishing better coordination with Metro buses, building intercity rail systems and integrating the new streetcar into a greater transportation model are a few of the many suggestions in the plan. With these systems, the plan hopes to “facilitate economic development opportunities.”

Beyond transportation, the plan also seeks to establish environmentally friendly programs. Some of the suggestions are developing a green construction incentive program, implementing smart grid networks and reforming the LEED tax abatement program to include additional energy efficient rating systems.

However, the plan is missing one important detail: cost. The report says Plan Cincinnati will be reviewed every year using the new Priority-Driven Budgeting process, but no estimates for cost are currently available. Katherine Keough-Jurs, senior city planner, explained why in an email: “That is not something that we provide. We have found over the years that providing cost estimates in long-range plans is problematic and the estimates can be misleading. Also, some of the Action Steps listed are not necessarily things that would have a monetary cost associated.”

Without much fanfare but with supporters looking on in the Losantiville Room in Union Terminal, Cincinnati City Council passed an ordinance on Wednesday banning the injection of wastewater underground within city limits.

“I’m proud to be on the first City Council to ban injection wells,” said Councilwoman Laure Quinlivan, who submitted the ordinance to council.

“I want to give props to the solicitors … who have come up with a very unusual thing in City Council — a one page ordinance.”

The ordinance, which passed unanimously after being voted out of committee on Tuesday, is aimed at preventing the injection of wastewater from hydraulic fracturing, or fracking, under Cincinnati. Its injection has been linked to a dozen earthquakes in northern Ohio.

Opponents also worry that the chemicals in the water, which is used to drill underground to free up gas and oil, can seep into drinking water. Oil and gas companies aren’t required to disclose which chemicals they use.

It’s unclear if the city’s ban on wastewater injection would hold up against a 2004 state law that gives the state of Ohio sole power in regulating oil and gas drilling. That regulatory power also extends to Class 2 injection wells.

At a news conference earlier in the day, Quinlivan cited a ProPublica story that said between 2007 and 2010, one well integrity violation was filed for every six wastewater injection wells.

She says data like this makes it clear injection wells are too dangerous.

Food and Water Watch organizer Alison Auciello spoke in support of the City Council ordinance at the news conference.

“We’re pleased City Council has moved swiftly for the protection of its citizens,” Auciello said.

The Ohio Department of Natural Resources (ODNR) has received no injection well permit requests for southwestern Ohio, but Auciello says the legislation is a good preventive measure.

Heidi Hetzel-Evans, a spokesperson for ODNR, says it wouldn't be feasible to build injection wells in southwestern Ohio due to the region's geology.

"It's safe to say oil and gas drilling has no direct impact on southwestern Ohio," Hetzel-Evans says.

Auciello says more bans like the Cincinnati ordinance are necessary in Ohio. She says she’s concerned that Ohio is being turned into a dumping ground as massive amounts of wastewater from Pennsylvania are brought to Ohio due to a lack of regulation.

Auciello also echoed calls from environmental groups to ban fracking in Ohio. However, fracking supporters — including Gov. John Kasich — insist the process can be made safe with proper regulations.

This story was updated to reflect City Council's afternoon vote.