The resolution expresses council’s dissatisfaction with the Ohio Legislature for granting “special privileges to the oil and natural gas industry” and asks it to repeal any laws that pre-empt local control over drilling.
The resolution targets the controversial practice of hydraulic fracturing or “fracking,” which uses chemically-laced water to free up natural gas trapped in shale formations underneath Ohio.
Fracking opponents worry that the chemicals used in the fluid — which companies aren’t required to disclose — can be toxic to people and animals.
Prior to the council vote, Vice Mayor Roxanne Qualls and Councilwoman Laure Quinlivan held a news conference on the steps of City Hall.
“I believe local officials should have a say on all matters related to potentially hazardous activities such as fracking,” Quinlivan said in an emailed statement. “I urge my colleagues to send a strong message to the Ohio Governor, the Ohio Legislature, and Cincinnati residents by passing this resolution.”
A 2004 state law puts regulation of oil and gas drilling
under the state’s purview, preventing municipalities from regulating
drilling on their land.
Copies of the resolution will be sent to Gov. John Kasich and members of the Ohio General Assembly elected from the Cincinnati area. The resolution comes after Ohio recently lifted a moratorium on new injection wells, which shoot wastewater deep underground for storage.
There had been a temporary ban on new wells almost a year ago after seismologists said an injection was to blame for 11 earthquakes around the Youngstown area.
City council in August passed an ordinance to band injection wells within city limits. Because the injection well ban doesn’t mention drilling, council hoped it wouldn’t clash with the state law preventing local regulation of oil and gas drilling.
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.”
Faced with the choice between job layoffs or a second round of unpaid furloughs for employees, executives at the financially troubled Gannett Co. announced today they were selecting the latter course.
Gannett, the parent firm of The Cincinnati Enquirer, announced a furlough program that will require most non-unionized workers to take at least five days of unpaid leave sometime in April, May or June. The move is expected to save the company about $20 million.
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.
It appears there will be 22 candidates on the ballot in November vying for the nine open seats on Cincinnati City Council.
As of today's 4 p.m. filing deadline at the Board of Elections, that's the number of people who had submitted petitions with enough voter signatures. At least five of those candidates, however, haven't yet had the signatures verified by Elections Board staffers because they only filed their final petitions today.
An organizer of Greater Cincinnati's Tea Party movement is telling its members the Ohio Republican Party chairman is trying to manipulate potential candidates in the race for Ohio auditor to pit two Teabggers against each other and split the vote, clearing the path for the chairman's cousin to be the GOP's nominee in the race for another office.
As part of CityBeat's continuing election coverage, we’ve once again sent a questionnaire to the non-incumbent Cincinnati City Council candidates to get their reactions on a broad range of issues.
Nine of the 14 non-incumbents chose to answer our questions. Others either didn’t respond or couldn’t meet the deadline.
During the next few weeks, we will print the responses from the non-incumbents to a different topic each time.
Today’s question is, “Do you support or oppose the city's streetcar system as currently planned and financed?”
In the letter, the Democrats say they would find voter fraud to be a serious problem if it was happening, but they also note recent studies have found no evidence of widespread voter impersonation fraud. An Oct. 4 Government Accountability Office study could not document a single case of voter impersonation fraud. A similar study by News21, a Carnegie-Knight investigative reporting project, found a total of 10 cases of alleged in-person voter impersonation since 2000. That’s less than one case a year.
Tim Burke, chairman of both the Hamilton County Board of Elections and the Hamilton County Democratic Party, says the faulty voter registration forms, which groups like TTV typically cite as examples of in-person voter fraud, never amount to real voter fraud.
“Those nonexistent voters never show up to vote,” he says. “(The forms) were put together by people working on voter registration drives. Frankly, the intent wasn’t to defraud the board of elections; the intent was to defraud their employer into making them think they’re doing more work.”
In other words, people aren't submitting faulty voter registration forms to skew elections; registration drive employees are submitting the forms to try to keep their jobs.
To combat the seemingly nonexistent problem of voter impersonation fraud, TTV is planning on recruiting one million poll watchers — people that will stand by polling places to ensure the voting process is legitimate. The Democrats insist some of the tactics promoted by the group are illegal. The letter claims it’s illegal for anyone but election officials to inhibit the voting process in any way. Most notably, Ohio law prohibits “loiter[ing] in or about a registration or polling place during registration or the casting and counting of ballots so as to hinder, delay, or interfere with the conduct of the registration or election,” according to the letter.
Burke says state law allows both Democrats and Republicans
to hire observers at polling booths. However, the observers can only
watch, and they can’t challenge voters. Even if the appointed observers see suspicious
activity, they have to leave the voting area and report the activity
through other means.
The tactics adopted by TTV have an ugly history in the U.S. Utilizing poll watchers was one way Southern officials pushed away minority voters during the segregation era. By asking questions and being as obstructive as possible, the poll watchers of the segregation era intimidated black voters into not voting. In the post-segregation era, the tactics have continued targeting minority and low-income voters.
The Senate Democrats make note of the ugly history in their letter: “It has traditionally focused on the voter registration lists in minority and low-income precincts, utilizing ‘caging’ techniques to question registrations. It has included encouraging poll watchers to ‘raise a challenge’ when certain voters tried to vote by brandishing cameras at polling sites, asking humiliating questions of voters, and slowing down precinct lines with unnecessary challenges and intimidating tactics. These acts of intimidation undermine protection of the right to vote of all citizens.”
TTV has already faced some failures in Hamilton County. Earlier this year, the group teamed up with the Ohio Voter Integrity Project (VIP), another Tea Party group, to file 380 challenges to the Hamilton County Board of Elections. Of the 380 challenges, only 35 remain. The vast majority were thrown out.
“For the most part, they tried to get a bunch of UC students challenged because they didn’t have their dormitory rooms on their voter registration rolls,” Burke says. “All of those were rejected. We did nothing with those.”
But he said the group did bring up one legitimate
challenge. Some voters were still registered in a now-defunct trailer
park in Harrison, Ohio. Since the trailer park no longer exists,
Burke says no one should be voting from there. The board didn’t purge
those voters from the roll, but the board unanimously agreed to ensure those voters are challenged and sent to the correct polling place if they show up to vote.
Still, TTV insists on hunting down all the phantom impersonators and fraudulent voters. In partnership with VIP, TTV is continuing its mission to stop all the voter impersonation that isn't actually happening.
VIP is brandishing the effort with a program of its own. That organization is now hosting special training programs for poll workers. The organization insists its programs are nonpartisan, but Democrats aren’t buying it.
Burke says it’s normal for Democrats and Republicans to hire poll workers, but if the Voter Integrity Project program puts the organization’s anti-fraud politics into the training, it could go too far.
“The job of the poll worker is to assist voters in getting their ballots cast correctly,” Burke says. “It’s to be helpful. It’s not to be belligerent. It’s not to be making voters feel like they’re doing something evil.”
He added, “If poll workers are coming in and deciding that they’re going to be aggressive police officers making everybody feel like they’re engaged in voter fraud and therefore trying to intimidate voters, that’s absolutely wrong.”
Despite the economic troubles affecting the state, Ohioans are smoking more than ever, according to a study that found the highest percentage point increase of any state. An official with the Ohio Department of Health attributes the increase to the stress people are under, though the Ohio General Assembly also cut funding to the state's smoking cessation help line, so there's that. Ohio ranked as the 36th healthiest state in 2011, down from 33 rd in 2010, while Indiana came in at 38th and Kentucky 43rd.
Occupy D.C. protesters built some type of structure in a park Saturday night, and police on Sunday notified them that they didn't have a permit and took it down, arresting dozens in the process. It was a pretty nice structure, though.