Two prominent Democratic congress members say a $3 million settlement between Cintas Corp. and federal workplace safety regulators is insufficient because it downgrades the severity of the company’s violations and gives it two years to install new safety equipment.
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.”
As Bernadette Watson decides whether to run for Cincinnati City Council again in 2011, she's keeping busy by helping a former council member get elected to state office.
Watson has been named as campaign manager for Alicia Reece, a Democrat who is seeking to keep the Ohio House 33rd District seat. Reece, an ex-Cincinnati vice mayor, was appointed to the seat in March to replace Tyrone Yates. Yates, who was facing term limits, was appointed to a municipal judgeship.
As expected, the ax fell quickly at The Cincinnati Enquirer this week as its parent company demands mass layoffs before year’s end.
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.
The bloodletting in the newsroom at The Enquirer is over, at least for now.
Editor Carolyn Washburn sent an email to the newspaper’s editorial staff this morning, announcing the names of 12 people who have decided to accept a voluntary “early retirement” severance deal offered by The Enquirer’s parent firm, The Gannett Co.
CityBeat already has reported that political columnist Howard Wilkinson, longtime photographer Michael Keating and Editorial Page Editor Ray Cooklis were among those departing the media company.
Other editorial staffers who are taking the buyout are business reporter Mike Boyer; Features Editor Dave Caudill; news reporter Steve Kemme; Copy Desk Chief Sue Lancaster; Production Manager Greg Noble; Butler/Warren Editor Jim Rohrer; sports copy editor Bill Thompson; Copy Editor Pat Tolzmann; and Copy Editor Tim Vonderbrink.
They join Assistant Managing Editor/Sports Barry Forbis and Deputy Sports Editor Rory Glynn, who announced their resignations in March.
In her email, Washburn wrote that the company will throw a party in its conference room for the departing staffers on April 12.
As one ex-Enquirer reporter said when hearing about the plans, “Some sendoff for those leaving. Washburn is throwing them a ‘proper party,’ whatever that is, for them on the 20th floor, no doubt in the sterile training room where staffers learn about inane new corporate initiatives. A ‘proper party’ for the loss of 350-plus years of experience and institutional knowledge would be an employee tavern of choice with an open bar, but what would Washburn know?”
Gannett announced the buyout offer Feb. 9 and gave employees 45 days to decide whether to apply for the deal.
At the close of the offer period, editors reviewed applications and made final decisions; some people who apply for the deal potentially could've been turned down if their position is deemed essential to the newspaper’s operation.
Under the deal, newspaper employees who are age 56 or older and have at least 20 years of service with Gannett as of March 31 are eligible. Although executives said 785 employees meet the criteria, the deal only is being offered to 665 employees “due to ongoing operational needs at the company.”
As part of reductions mandated by Gannett, The Enquirer has laid off about 150 workers during the past two years. Also, employees have had to take five unpaid furloughs during the past three years.
Gannett recently gave Craig Dubow, its CEO who allegedly left the company due to health reasons, a $37.1 million compensation package. The Columbia Journalism Review examined what Gannett could’ve bought with that money instead, including paying for the starting salaries of 1,474 staffers at The Indianapolis Star or 310,720 annual subscriptions to The Tallahassee Democrat's website.
Here is the full text of Washburn’s email:
From: Washburn, Carolyn
Sent: Wednesday, April 04, 2012 8:39 AM
To: CIN-News Users; ohiodaily
Subject: saying thank you to our new retirees
It's official now. In the next couple of weeks we will say thank you and best wishes to these colleagues who have decided to take the company's early retirement offer. The complete group is, in no particular order:
Dave Caudill, Greg Noble, Jim Rohrer, Sue Lancaster, Pat Tolzmann, Tim Vonderbrink, Bill Thompson, Michael Keating, Mike Boyer, Steve Kemme, Howard Wilkinson, Ray Cooklis
Ray will be here until April 27. Greg's last day in the office was a week or so ago, before a furlough and vacation. Everyone else will have their last day next Thursday, April 12.
We will have a proper party in the 20th floor conference room on April 12 at 4pm.
I'll meet with some small groups in the next few days and we'll have a full staff meeting the week of April 16 to talk about what's next, now that we are confirmed on who chose to retire. There is a plan. :)
We will be very sad to say goodbye. But I am happy for these folks who decided this was the right thing for them.
Thanks again to Dave, Greg, JR, Sue, Pat, Tim, Bill, Michael, Mike, Steve, Howard and Ray.
"It is inherently wrong to allow private businesses to make a profit off
the incarceration of others," said Brickner in an ACLU press release. “Our state’s
prison system is bloated, and private corporations have a vested financial
interest to ensure our prisons remain full. If state officials have any hope of
shrinking our prison population, we must implement transformative criminal
justice reform policies and reject interests that grow our prison system.”
Brickner suggests that concerned citizens contact their elected representatives to express their opposition to privatizing prisons. Read the ACLU's full report on privatizing prisons here.
More than half of Cincinnati’s children live in poverty, according to the U.S. Census Bureau’s 2012 American Community Survey released Thursday.
The 2012 rate represents a roughly 10-percent increase in the city’s child poverty rate in the past two years. In 2010, 48 percent of Cincinnatians younger than 18 were considered impoverished; in 2012, the rate was 53.1 percent.
If the number was reduced back down to 2010 levels, approximately 4,500 Cincinnati children would be pulled out of poverty.
Overall poverty similarly increased in Cincinnati from 30.6 percent in 2010 to 34.1 percent in 2012.
Black residents were hit hardest with 46.4 percent classified as in poverty in 2012, up from 40.8 percent in 2010. Meanwhile, the poverty rate among white residents went from 19.8 percent in 2010 to 22.9 percent in 2012.
Hispanics of any race were placed at a poverty rate of 51 percent in 2012, but that number had an extraordinary margin of error of 15.5 percent, which means the actual poverty rate for Hispanics could be up to 15.5 percent higher or lower than the survey’s estimate. In 2010, 42 percent of Hispanics were classified as impoverished, but that number had an even larger margin of error of 17.9 percent.
The other local numbers had margins of error ranging from 2.2 percent to 4.9 percent.
The child poverty rates for Cincinnati were more than double Ohio’s numbers. Nearly one in four Ohio children are in poverty, putting the state at No. 33 worst among 50 states for child poverty, according to the Children’s Defense Fund of Ohio.
In 2012, the U.S. government put the federal poverty level for a family of four at an annual income of $23,050.
Some groups are using the numbers to make the case for new policies.
“Too many Ohioans are getting stuck at the lowest rung of the income ladder and kids are paying the price,” said Hannah Halbert, workforce researcher for left-leaning think tank Policy Matters Ohio, in a statement. “Policymakers — at both the state and federal levels — are making a clear choice to not invest in workers, families or kids. This approach is not moving our families forward.”
The federal government temporarily increased aid to low-income Americans through the federal stimulus package in 2009, but some of that extra funding already expired or is set to expire later in the year. The food stamp program’s cuts in particular could hit 1.8 million Ohioans, according to an Aug. 2 report from the Center on Budget and Policy Priorities.
At a local level, City Council has consistently failed to uphold its commitment to human services in the past decade, which human services agencies say is making the fight against poverty and homelessness more difficult.