Happy new year! Yes, planet Earth made it through another year. Welcome to an “extra saucy” Morning News and Stuff.
U.S. Congress managed to narrowly avert the “fiscal cliff,” a series of tax hikes and spending cuts set to kick in at the beginning of 2013. If the fiscal cliff had not been prevented, economists and the Congressional Budget Office warned the United States would have plunged back into recession. The final deal keeps tax hikes for those making more than $450,000 a year, and most Americans will see their taxes increase as the payroll tax break passed with President Barack Obama’s stimulus package expires. It’s important to remember that the passing of a deal is not some show of bipartisan heroism; instead, it’s Congress barely preventing an entirely self-inflicted problem.But the deal did not come smoothly. Not only did Congress wait until the very last moment, but U.S. Speaker John Boehner used a naughty word. At a White House meeting, the Ohio politician shot at unfavorable comments from Democratic U.S. Sen. Harry Reid’s by telling Reid, “Go f— yourself.” In fact, Boehner actually used the naughty word twice! Reid replied, “What are you talking about?” Boehner once again said, “Go f— yourself.” Who knew U.S. Congress would turn out to be so much like high school?
When Corrections Corporation of America’s (CCA) Lake Erie prison received an unfavorable audit, the Ohio Department of Rehabilitation and Correction reacted by cutting payments to CCA by $573,000. CityBeat covered the audit and its troubling findings here. CityBeat also covered private prisons in-depth here.
On the bright side, Ohio’s minimum wage went up, like it’s required to do so every year. Policy Matters Ohio says the increase will bring in $340 per year for 215,000 low-wage workers around the state.
Cincinnati-based Kroger is looking mighty tempting this year. Stock-wise, anyway. I don’t think many people like grocery shopping.
A court ruled Ohio overcharged 270,000 businesses for workers’ compensation premiums and must repay them. The ruling could cost the state millions of dollars.
In case anyone was worried, the national standards Ohio adopted for schools do not ban The Catcher in the Rye. Book cliff averted.
Allstate is hiring in Ohio. I’m not sure why this is news, but it’s on multiple newspapers today, so there it is.
Intel could be looking to revolutionize the cable industry by allowing people to subscribe to individual TV channels.
That’s not a medieval weapon; it’s a space rover! The new rovers planned by top universities and NASA could visit Mars’ moon Phobos or an asteroid. It’s, like, whatever.
City Council may vote today on the controversial plan to lease the city’s parking assets to fund economic development and temporarily balance the deficit. On Friday, Councilman Chris Seelbach put forward Plan S, which would redirect $7.5 million in casino revenues, 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 increase the city's admissions tax by 2 percent. Previously, City Manager Milton Dohoney unveiled Plan B to the parking plan, 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. The parking plan was unanimously approved by the Cincinnati Planning Commission Friday, and it appears five council members are ready to give the plan the go-ahead.
Members of Gov. John Kasich’s own party are beginning to show skepticism toward the governor’s budget proposal, which would expand the sales tax to apply to more services, increase the oil and gas severance tax and make more Ohioans eligible for Medicaid — mostly at the cost of the federal government. Republicans are likely to propose alternatives before a mid-April vote. In a Quinnipiac University poll, a majority of Ohioans approved of the Medicaid expansion but not Kasich’s tax plan. CityBeat covered Kasich’s budget plan in detail here.
Police are taking measures to prevent traffic problems at the Horseshoe Casino’s grand opening tonight. Meanwhile, Indiana casinos are preparing for downturns as the Horseshoe Casino promises a major alternative to tri-state gamblers. During the soft opening last week, Ohio’s casino regulator found the Horseshoe Casino would have to fix its security and surveillance before the grand opening. Previous studies found casinos bring job growth at the cost of crime, bankruptcy and even suicide, and a Dayton Daily News report also found the state’s casinos are falling short of job projections.
On Friday, the sequester, a series of across-the-board federal budget cuts, kicked in, and it could mean big funding reductions for Ohio’s schools. The blunt cuts are largely because Republicans refuse to negotiate with President Barack Obama and Democrats — to the point that Republicans don’t even know what the president is proposing.
The American Civil Liberties Union (ACLU) of Ohio is asking the state’s Department of Education to expand its seclusion room rules to apply to charter schools. Previous reports found seclusion rooms, which were originally intended to hold out-of-control kids until they calm down, have been largely used for convenience by educators, leading to stricter policies from the Ohio Department of Education. But the regulations currently apply only to traditional public schools, not charter schools.
Reminder: On top of putting everyone around you in danger, texting while driving will now result in a fine up to $150.
The Cincinnati Zoo has confirmed it has terrible taste in names with its choice for the new four-week-old gorilla: Gladys Stones. Still, the zoo does have that whole environmentally friendly thing going on. Maybe the pros outweigh the cons.
U.S. researchers are claiming they have “functionally cured” an HIV-infected infant after extensive treatments left the virus’s presence in blood at such low levels that it can no longer be detected by standard clinical tests.
Scientists are ostracizing what Popular Science calls the “world’s sexiest octopus.”
If you can watch BigDog, the four-legged robot, toss cinder blocks with ease and not fear the robot apocalypse, you’re not prepared.
Council Member Chris Seelbach says he’s getting impatient with streetcar delays. During a series of complaints aired on Twitter, Seelbach wrote the deadline for streetcar operation should be the Major League Baseball All-Star Game in 2015. This week’s CityBeat cover story explains some of the delays and how the streetcar relates to the 2013 mayor’s race.
The Pentagon is planning to lift the ban on women in combat situations. U.S. Defense Secretary Leon Panetta said the decision came after a recommendation from his Joint Chiefs of Staff. Between the end of “Don’t Ask, Don’t Tell” and this decision, President Barack Obama’s administration has been one of the most inclusive when it comes to the military.
The Ohio Supreme Court has agreed to hear a case questioning the constitutionality of JobsOhio. Policy group ProgressOhio says it might be illegal to use state liquor profits to fund JobsOhio, a private nonprofit organization Gov. John Kasich set up to drive economic growth in the state.
The Major League Baseball All-Star Game could bring $60-$80 million to Cincinnati, according to Julie Heath, director of the University of Cincinnati’s Economics Center. It was recently announced Cincinnati will host the game in 2015.
Gov. Kasich said he won’t oust State Board of Education President Debe Terhar after she made a Facebook post comparing Obama to Adolf Hitler. Kasich is happy she admitted it was a mistake, and he said he will leave it at that. Democrats called for her ousting Tuesday.
American Military Partner Association, a national organization that supports LGBT veterans, endorsed FreedomOhio’s same-sex marriage amendment. If voters approve the amendment this November, gay marriage will be legalized in Ohio. CityBeat wrote more about FreedomOhio’s ballot initiative here.
Cincinnati Public Schools is piloting an after-school program focusing on the arts. The high-energy sessions are apparently proving to be a hit among students so far.
U.S. Speaker John Boehner, a Republican from West Chester, says President Barack Obama is out to annihilate the Republican Party. I’m not seeing the problem here.
Moody’s doesn’t have confidence in U.S. nonprofit hospitals.
New science makes it possible to detect brain damage in football players that previously couldn’t be seen until a victim was dead. CityBeat covered how head trauma relates to former Bengals players' workers' comp claims here.
Popular Science explains how to make the perfect snowball.
The Corrections Corporation of America (CCA) lost four prison contracts in June as a result of rising violence and turmoil in the corrections facilities, echoing many of the same problems critics claim are found in a CCA-owned facility located in northeastern Ohio.
A report from the American Civil Liberties Union found CCA lost contracts in Idaho, Texas and Mississippi this month. The most recent announcement came Wednesday in Idaho, where a prison was allegedly deemed so dangerous that prisoners took to calling the facility "Gladiator School."
Two of the contracts are being sold to other companies, which the ACLU claims is a bad idea.
"Rather than repeatedly handing off authority to a revolving door of contractors, states need to both take responsibility for their own prisons and reduce the number of people entering the criminal justice system in the first place," wrote Carl Takei of the ACLU National Prison Project. "Only then can they unshackle themselves from the false promise of for-profit imprisonment."
In May, CityBeat published an in-depth report about the CCA-owned prison in Ohio, which detailed evidence of rising violence and unsanitary conditions first exposed to CityBeat by concerned inmates and their families.
CityBeat could not reach CCA for immediate comment on the ACLU report. This story will be updated if a comment becomes available.
In a 5-4 vote today, City Council approved a plan to lease Cincinnati’s parking assets to the Port of Greater Cincinnati Development Authority to help balance deficits for the next two fiscal years and fund development projects in Downtown, but the plan is now being held up by a Hamilton County judge's temporary restraining order (TRO).
The plan was approved with an emergency clause, which means it is not subject to referendum, according to City Solicitor John Curp. Councilman Chris Seelbach joined the parking plan’s five supporters in approving the emergency clause, which is meant to expedite the plan’s implementation by removing a 30-day waiting period.
Shortly after the parking plan was approved by City Council, Judge Robert Winkler signed a TRO that will halt its implementation for at least one week. The judge’s action will 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.
Mayor Mark Mallory says the emergency clause was passed to speed up the plan’s implementation in time for the budget that will begin July 1, not to suppress voters: “I don't think that any member of council has ever voted for an emergency clause in an effort to keep voters from being able to reverse the decision that the council is making, so I take exception with that characterization.”
The parking plan got its required fifth vote, up from a 4-3 vote in the Budget and Finance Committee Monday, from Councilwoman Laure Quinlivan, who abstained from voting in the committee meeting because she said she was concerned about the city’s long-term fiscal outlook. She says her concerns were eased after she read the leasing agreement and listened to a presentation from City Manager Milton Dohoney Jr. that gave City Council a few options for fixing the city’s structural deficits.
The parking plan’s other supporters were council members Roxanne Qualls, Yvette Simpson, Cecil Thomas and Wendell Young. Council members Seelbach, P.G. Sittenfeld, Chris Smitherman and Charlie Winburn voted against the plan.
The plan, which CityBeat previously covered (“Parking Stimulus,” issue of Feb. 27), will 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 for the next two fiscal years. The deal will produce a $92 million upfront payment, and the city projects that additional annual installments will generate more than $263 million throughout the lease’s duration.
Opponents say they are concerned the plan will give up too much control of the city’s parking meters and garages, which they say could lead to spikes in parking rates.
Under the initial plan, downtown rates will remain at $2 an hour and neighborhood rates will be hiked to 75 cents. Afterward, parking meter rates will be set to increase annually by 3 percent or the rate of inflation on a compounded basis, with actual increases coming in at 25-cents-an-hour increments. That should translate to 25-cent increases every three years for downtown and every six years for neighborhoods, according to Meg Olberding, city spokesperson.
The city will be able to bypass the so-called “cap” on parking meter rate increases through a unanimous vote from a five-person advisory committee, approval from the city manager and a final nod from the Port Authority. The process, which begins with an advisory committee that will include four members appointed by the Port Authority and one selected by the city manager, will allow the city to raise and lower rates to adjust for changing economic needs, says Olberding.
Opponents also say the money from the parking plan is being used too quickly, which does little to alleviate the city’s structural deficits.
Dohoney previously argued the plan will help reduce the deficit by generating recurring revenues through long-term economic growth and development.
“The situation that we’re in requires that we accelerate growth right now, not later,” he said Monday. “If we do not do that, then we’re going to have further negative ramifications to deal with.”
With the lease agreement approved, it is now up to the Port Authority to develop and publicize the bond documents that will further detail the framework of the parking plan.
in the same meeting, City Council unanimously passed a resolution
asking the federal government to take up comprehensive immigration
Update: This story was updated to reflect Judge Robert Winkler's actions.
In a 2-1 ruling today, the Hamilton County Court of Appeals reversed a lower court’s ruling and said the city’s plan to semi-privatize its parking assets is not subject to a referendum and may move forward.
But opponents are pushing for a stay on the ruling as they work on an appeal, which could put the case in front of the Ohio Supreme Court.
For the city, the ruling means it can potentially move forward with leasing parking meters and garages to the Greater Cincinnati Port Authority for a one-time payment of $92 million and an estimated $3 million in annual increments. The city originally planned to use the funds for development projects, including a downtown grocery store and the uptown interchange, and to help balance the city’s budget for the next two years.
But critics, including those who led the referendum efforts, are calling on the city to hold off on the lease. They argue the plan, which raises parking meter rates and expands meters’ operation hours, will hurt downtown business.
In a statement, City Manager Milton Dohoney praised the ruling, but he clarified that the city will not be able to allocate parking plan funds until potential appeals of today’s ruling are exhausted or called off.
“The City cannot commit the money in the parking plan until there is legal certainty around the funds. Once there is legal certainty, the Administration will look at the budget to determine if there are items that may need to be revisited and bring those before Members of City Council, as appropriate,” he said.
Jason Barron, spokesperson for Democratic Mayor Mark Mallory, says the city will now be able to re-evaluate current plans for the budget and other projects.
“Council will get a chance to look at the budget again and undo some of the stuff that they’ve done, but some of the cuts will definitely stay — that way we continue to move towards balance,” he says.
But first, the city must follow through with legal
processes to get Judge Robert Winkler’s original order on the parking
plan lifted, which will then allow the city and Port Authority to sign the lease.
Already, some council members are pushing back. Following the ruling, Democratic council members Chris Seelbach and Laure Quinlivan announced that they plan to introduce a motion that would repeal the parking plan.
But Barron says City Council would need six out of nine votes to overrule Mallory and other supporters of the parking plan, which he says is unlikely.
At today’s City Council meeting, Quinlivan and Seelbach were unable to introduce the motion, which has five signatures, because the motion requires six votes for immediate consideration and to overrule the mayor, who opposes a repeal. The motion also needs to be turned into an ordinance to actually repeal the parking plan.
In a statement, Democratic mayoral candidate John Cranley criticized the ruling and city. He said the plan should be subject to referendum: “This decision affects an entire generation and shouldn’t be made by people who are trying to spend a bunch of money right before an election, while leaving the bill for our kids to pay.”
Democratic Vice Mayor Roxanne Qualls, who is also running for mayor, praised the ruling in a statement.
“My goal is that proceeds from the parking proposal are used to put the city on a path to a structurally balanced budget by 2017,” she said.
Qualls said she will introduce a motion that calls on the city administration to draw up a plan that would use parking funds on “long-term investments that support long-term fiscal sustainability,” including neighborhood development, other capital projects, the city’s reserves and the city’s pension fund.
The ruling also allows the city to once again use emergency clauses, which the city claims eliminate a 30-day waiting period on implementing laws and make laws insusceptible to referendum.
Judges Penelope Cunningham and Patrick DeWine cited legal precedent and the context of the City Charter to rule the city may use emergency clauses to expedite the implementation of laws, including the parking plan.
“Importantly, charter provisions, like statutes and constitutions, must be read as a whole and in context,” the majority opinion read. “We are not permitted — as the common pleas court did, and Judge Dinkelacker’s dissent does — to look at the first sentence and disassociate it from the context of the entire section.”
Judge Patrick Dinkelacker dissented, claiming the other judges are applying the wrong Ohio Supreme Court cases to the ruling.
“In my view, the charter language is ambiguous and, therefore, we must liberally construe it in favor of permitting the people of Cincinnati to exercise their power of referendum,” Dinkelacker wrote in his dissent.
The parking plan leases the city’s parking meters and garages to the Port Authority, which will use a team of private operators from around the country — AEW Capital, Xerox, Denison Parking and Guggenheim — for operations, technology upgrades and enforcement.
The city originally argued the parking plan was necessary to help balance the budget without laying off cops and firefighters and pursue major development projects downtown.
Since then, the city used higher-than-expected revenues and cuts elsewhere, particularly to parks and human services funding, to balance the fiscal year 2014 budget without laying off public safety personnel.
City Council is also expected to vote today on an alternative funding plan to build a grocery store, luxury apartment tower and garage on Fourth and Race streets downtown. The project was originally attached to the parking plan.
Dohoney asked City Council in a statement to pursue the alternative plan today.
“We are asking Council to pass the development deal today so that the developers have the city’s commitment and can move ahead with their financing,” he said. “If we wait any longer on the parking deal, we put this deal at risk. With the housing capacity issue downtown and decade-long cry for a grocery store, we must move forward.”
CityBeat will update this story as more information becomes available.
Updated at 1:39 p.m.: Added comments from the city manager’s statement.
Updated at 2:00 p.m.: Added comments from Vice Mayor Roxanne Qualls’ statement.
Updated at 3:23 p.m.: Added results of City Council meeting.
Updated at 10:35 a.m. on June 13: Added latest news about appeal.
Republican Ohio Treasurer Josh Mandel is hiring political workers and friends at his job again. His latest hires are Joe Aquilino, former campaign political director to Mandel’s U.S. Senate campaign, and Jared Borg, former campaign political coordinator. During the 2010 campaign for the state treasurer’s office, Mandel said, “Unlike the current officeholder, I will ensure that my staff is comprised of qualified financial professionals — rather than political cronies and friends — and that investment decisions are based on what is best for Ohioans.” Mandel’s spokesperson defended the hires by touting the treasurer’s accomplishments in office.
With a vote set for tomorrow, it’s still unsure how the Hamilton County Board of Commissioners will solve the stadium fund deficit, but it seems like both options require tax increases. Commissioner Todd Portune, the lone Democrat on the board, proposed increasing the sales tax by 0.25 percent. Board President Greg Hartmann, a Republican, presented an alternative plan that reduces the property tax rollback by 50 percent for two years, but he also said he’s not sure how he’ll vote. Commissioner Chris Monzel, a Republican, says he wants to find a plan that doesn’t raise taxes.
Either parking services are privatized or 344 city employees are laid off. That’s how City Manager Milton Dohoney Jr. framed budget talks to City Council yesterday. The city has already made drastic cuts since 2000, laying off 802 employees. Dohoney also pushed for repealing the property tax rollback promised as part of the stadium deal in 1996, but City Council does not want to raise taxes in the middle of a slow economy. The fact is any form of austerity will be painful, so City Council should be as cautious of spending cuts as tax hikes. A public hearing on the budget will be held Thursday at 6 p.m.
The city of Cincinnati’s plan to buy Tower Place Mall and the adjacent Pogue’s Garage in downtown is moving forward. The city offered to buy the mall and garage for $8.5 million in order to spur economic development in the area. The parking garage and half-empty mall are currently in foreclosure.
Cincinnati State is looking to expand.
One year later, the Ohio Department of Natural Resources hasn’t followed up on a court order to compensate flooded landowners.
The State Controlling Board approved three programs that will provide transitional housing and other services to the homeless. As part of the initiative, Habitat for Humanity of Ohio will receive $200,000, the Homeless Crisis Response Program will receive $12,680,700 and the Supportive Housing Program will receive $9,807,600 from the Ohio Housing Trust Fund.
Great numbers from November from auto companies could mean more hires.
A dissolving nanofabric could soon replace condoms for protecting against pregnancy and HIV.
There’s even more bad news coming from Ohio’s newly privatized prison. Violence last week forced Corrections Corporation of America (CCA) to call in the state’s special response team, according to Plunderbund. Two teams from the Ohio Department of Correction and Rehabilitation were dispatched. Gov. John Kasich pushed prison privatization in his 2012-2013 budget to save costs. CityBeat covered private prisons and the shady connections CCA had to the current state government prior to the sale here.
There might be a court case disputing JobsOhio’s constitutionality, but that hasn’t stopped the state government from moving forward with implementing the private, nonprofit agency. On Friday, the state announced it transferred $500 million in state liquor funds to JobsOhio. The Ohio Supreme Court recently agreed to take up a case from ProgressOhio disputing whether state funds can be used for the private agency. Kasich established the agency in an effort to encourage job growth in Ohio.
Kasich will reveal the blueprint for his 2014-2015 budget plan later today. According to Gongwer, his proposed budget will cut personal income taxes across the board
and offset the cuts by closing loopholes and broadening the sales tax
base. The governor has long been eying an income
tax cut. He previously suggested raising the oil and gas severance tax
to help pay for a tax cut, but the plan faces bipartisan opposition.
In the 2013 mayoral race, John Cranley is currently outraising
Vice Mayor Roxanne Qualls, but both Democrats are fairly close. Qualls has raised $134,188, while Cranley
has raised $170,877. Most of the race has focused on the streetcar so far, with Qualls supporting and Cranley against the twice-voter-approved transit project.
The city of Cincinnati and Duke Energy have reached a limited agreement to meet in court to settle who has to pay for moving utility lines to accommodate for the streetcar’s tracks. As part of the agreement, Duke will begin moving lines in the next few weeks, even while the city and Duke wait for courts to decide who will pay for moving the lines. Mayor Mark Mallory also announced the city will try to finish the streetcar project in time for the 2015 Major League Baseball All-Star Game, but he added there are no guarantees. For more on the streetcar and how it relates to the 2013 mayoral race, check out CityBeat’s cover story.
Libertarian Jim Berns recently forced a mayoral primary by entering the race.
Community leaders around Greater Cincinnati are mapping out veteran services programs.
Ohio is expanding its foreclosure prevention program. The maximum benefit possible has increased from $25,000 to $35,000, and the highest annual household income allowed to participate in the program is now $112,375.
The Ohio Board of Regents finished moving to the Ohio Board of Education building.
Looks like Ohio First Lady Karen Kasich’s Twitter account was hacked.
Smokers will pay higher prices under Obamacare.
Physicists have created crystals that are nearly alive.
The city of Cincinnati and its largest city employees union have reached a deal regarding the privatization of the city’s parking assets. Under the deal’s terms, the city will give raises and not lay off anyone for three years, but only if the city’s parking assets are privatized. However, the head of a Clifton community group is still not happy with the privatization plan. He says the plan is bad for business because it limits the amount of affordable parking in the area. But would laying off 344 city employees be better for business?
The identity of the Miami University student who put up
the infamous “Top Ten Ways to Get Away with Rape” flier may soon be revealed. The Ohio Supreme Court
will decide by Dec. 14 whether the case should be unsealed and open to public view. Robert Lyons, the Butler County part-time judge who sealed the case, has faced scrutiny in the past few months for conflicts of interest regarding drinking-and-driving cases.
Revenue from casinos in Toledo and Cleveland is dropping. The numbers paint a bad picture for Cincinnati and Hamilton County officials expecting budget problems to be solved by casino revenue.
A proposal mandating drug testing for welfare recipients in Ohio resurfaced last week. Republican legislators claim the requirement will save the state money, but a similar proposal in Florida added to budget woes as the state was forced to pay for drug tests.
Ohio’s ultra-wealthy population is growing. About 1,330 Ohioans are worth $30 million or more, an increase of 2 percent since 2011, according to a report from Wealth-X. The news could shape Gov. John Kasich’s plan to cut the income tax using revenue from a higher oil-and-gas severance tax, perhaps encouraging state officials to make the cut more progressive.
Gov. Kasich is ending the practice of giving so many tax credits to keep businesses in Ohio. The move could potentially cost the state jobs as businesses move to other areas with bigger, better incentives, but state officials and the business community don’t seem too worried for now.
If the Ohio government agencies were forced to cut their budgets by 10 percent, the results would not be pretty. The Ohio Department of Rehabilitation and Correction would have to close prisons, and the Ohio Department of Natural Resources would have a tougher time enforcing new regulations on fracking.
Ohio’s exotic animal law is facing a challenge in federal court today. Exotic animal owners claim the law violates their First Amendment and property rights by forcing them to join private associations and give up their animals without compensation. They also do not like the provision that requires microchips be implanted into the animals. The Humane Society of the United States is defending the law, which was passed after a man released 56 exotic animals and killed himself in 2011.
An Ohio court said a business tax on fuel sales must be used on road projects.
Ohio gas prices are still dropping.
The cure for leukemia could be a modified version of the AIDS virus.