The plan to lease Cincinnati’s parking assets to the Port of Greater Cincinnati Development Authority remains up in the air today after court rulings kept a court-mandated restraining order in place until at least March 15, when a hearing is scheduled at the Hamilton County Common Pleas Court.
The hearing on March 15 will establish whether the lawsuit should move forward and whether the restraining order will remain until the lawsuit is resolved. The latter poses a budgetary challenge to the city; if the restraining order is kept in place and opponents gather the signatures required for a November referendum on the parking plan, the city says it will have to make cuts before July to balance the budget for fiscal year 2014, which could result in layoffs.
“We’ve been very clear that, by state law, we need to have a balanced budget starting July 1, so we will need to do all things necessary at that point,” says Meg Olberding, city spokesperson.
The lawsuit was originally moved to federal courts on March 7 because it included complaints regarding civil rights. Plaintiffs removed the mention of civil rights, which then prompted Judge Michael Barrett to send the lawsuit back to the Hamilton County Common Pleas Court.
City Council approved the parking plan in a 5-4 vote on March 6, but the plan was almost immediately held up by a temporary restraining order from Hamilton County Common Pleas Judge Robert Winkler. The restraining order is meant to 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.
“If there was even five seconds without a temporary restraining order in place, the city’s going to sign that lease,” Chris Finney, another attorney that represents COAST, said in a public statement after the hearing with Barrett. “At that point, the city will argue that the case has moved and that the (referendum) petitions are void.”
The legal dispute is focused on City Council’s use of the emergency clause, which eliminates a 30-day waiting period on implementing laws but takes away the possibility of a referendum.
In an interview on March 7, Vice Mayor Roxanne Qualls, who voted for the parking plan, told CityBeat the dispute over emergency clauses is politically motivated: “I think it’s nothing but a political controversy that’s generated for political gain and for political purposes. Council passes many of its ordinances with emergency clauses. In fact, the other candidate for mayor himself consistently voted for emergency clauses.”
The other mayoral candidate Qualls is referring to is John Cranley, a former council member who opposes the parking plan and says he will support a referendum effort.
“Just because the emergency clause may be used too often doesn’t make it right,” says Cranley. “I never voted for an emergency clause when there was a stated grassroots effort to have a referendum on a vote that I was facing.”
CityBeat previously covered the parking plan in further detail here.
Saturday’s St. Patrick’s Day Parade drew a lot of criticism Friday for excluding the Gay, Lesbian, Straight Education Network, a group within K-12 schools that works to prevent bullying by striving for equality regardless of sexual orientation or gender identity and expression. Councilman Chris Seelbach led the criticisms and a boycott on the parade — an effort that gained national attention. Chris Schulte, who was on the board that organized the parade, apparently told Seelbach that the board did not want to be affiliated with gays and lesbians due to the parade’s Catholic roots, but Schulte said in a follow-up press release that the parade does not allow any political or social movement, no matter the cause.
Cincinnati’s plan to lease its parking assets to the Port of Greater Cincinnati Development Authority remains in legal limbo, even after a court hearing on Friday. Judge Robert Winkler, who presided over the hearings, did not hand down a ruling after hearing extensive legal arguments from the city and opponents of the parking plan. Opponents argued the city charter’s definition of emergency clauses is ambiguous, and legal precedent supports siding with voters’ right to referendum when there is ambiguity. The city said legal precedent requires the city to defer to state law as long as state law is not contradicted in the city charter. Cincinnati’s city charter does not specify whether emergency legislation is subject to referendum, but state law explicitly says emergency laws are not subject to referendum.
Despite the reversal of his friend and Republican colleague Sen. Rob Portman, House Speaker John Boehner says he doesn’t see himself ever supporting same-sex marriage. Portman gained national recognition Friday for reversing his position two years after finding out his son is gay.
Mayor Mark Mallory will announce details about the City’s Summer Youth Jobs Program tomorrow, and he’s also seeking as many employers as possible to participate in his eighth Annual Youth Job Fair. Employers can sign up for free booths at www.mayormallory.com.
Due to a policy that encourages doctors to work overtime, psychiatrists are among the state’s top paid employees. State officials say the policy saves money because overtime rates are lower than psychiatrists’ normal hourly wages. On average, the doctors end up working 80 hours a week, but state officials say there are precautions in place to ensure the highest levels of care.
The Steubenville rape case came to a close over the weekend, with two teenagers being found guilty of raping a 16-year-old girl. While most people were appalled by the teenagers’ audacity on Twitter and other social media regarding the rape, CNN decided to report the story with sympathy for the convicted rapists:
A University of Cincinnati study found a cholesterol drug could prevent colorectal cancer recurrence.
Sometimes science can do gross things, like resurrecting a frog that gives birth from its mouth.
Popular Science has been covering 3-D printer plans for houses, and the latest one actually looks like a house.
The Greater Cincinnati Port Authority today acknowledged that it will increase enforcement when it takes over Cincinnati's parking meters, but the agency says its goal is to encourage people to pay up, not raise revenues that will make the parking lease more profitable for the Port Authority and the private operators it's hiring.
In a much-awaited presentation, the quasi-public development agency rolled out board members and statistics to explain why the city should lease its parking meters, lots and garages to the Port, which will hire various private companies to operate the assets.
Much of the controversy surrounding the lease has focused on enforcement, which critics argue will be ratcheted up under the deal. Port officials clarified that the deal will involve more enforcement officers and more aggressive tactics, but Laura Brunner, CEO of the Port, claimed there will be limits. For example, parking meters won't have built-in connectivity that allows officers to immediately detect when a meter is going unpaid, which means enforcers will have to make regular rounds and checks, just as they do today, before issuing a ticket.
Lynn Marmer, a Port board member and vice chairwoman of Kroger, said increased enforcement is necessary because most people currently don't pay for the parking services they use. She blamed that on the city's dwindling enforcement for parking violations: The city handed out 65,000 tickets in 2012, down from 104,000 in 2008.
"I think it's unlikely we all got better at following the rules and paying fines," Marmer said.
The Port doesn't expect enforcement to reach the levels of 2008 any time soon, but Brunner and others said that tickets will gradually rise once the Port Authority hands the parking meters over to private operators.
One of those private operators is Xerox, which will manage Cincinnati's parking meters under the deal. The Port says it plans to establish a 10-year contract with Xerox, but the contracts will be reviewed quarterly to ensure the company is doing a good job. If not, the contract can be terminated.
Port officials stated that Xerox will not get revenue based on stringent enforcement. Instead, the Port will regularly review Xerox based on a series of measurements that attempt to gauge how efficiently the company is running the city's parking meters.
Port officials also reemphasized that parking meter enforcement hours in neighborhoods — meaning outside of downtown and Over-the-Rhine — will only last until 6 p.m., instead of 9 p.m. as originally called for in the plan. Downtown and Over-the-Rhine meters will still be extended to 9 p.m., although some areas on the edges of downtown, such as Broadway Street, are exempt and enforcement will only run through 6 p.m. in those places.
The change for neighborhood meter hours will presumably lower how much Cincinnati gets from leasing its parking assets to the Port, but officials weren't ready to unveil exactly how much money the city will get. Previous city estimates put the lump sum at $92 million and annual installments at a minimum of $3 million, but that was before the Port's changes.
Prepared statements show if the final lump sum falls under $85 million, the city manager will need to approve the changes before the Port can move forward with the deal.
The decrease in hours also comes with a caveat: It will be possible for the city manager, Port and an independent board appointed by the Port and city manager to expand parking meter hours in the future. But such a change would require approval from all three governing bodies.
Ex-Councilman John Cranley, who's running for mayor and opposes the parking lease, says the Port's presentation did nothing to address his concerns. Claiming that "the devil's in the details," Cranley pointed out that the Port still hasn't released the actual contracts or bond documents.
Brunner said the documents should be released within a month, and the Port plans to give the public two weeks to review the details between the documents' release and the Port's final vote.
Cranley argued that might not be enough time. He told CityBeat that the city "almost gave away" free Sunday and holiday parking under its original lease agreement. Councilman P.G. Sittenfeld's office had to catch the error and refer it to the city administration before it was corrected.
The Port's presentation was meant to wrap up the agency's due diligence of the parking lease as it approaches a Sept. 4 deadline. Going into the presentation, Marmer explained, "Frankly, we were more skeptical (of the parking lease) than neutral."
Emails previously acquired by CityBeat back Marmer's skepticism. Writing to other Port officials in June, Marmer expressed concerns that the parking lease has been poorly handled and will snare the Port with controversy. "This whole parking issue has been a gigantic distraction from our core mission," she claimed.
Supporters of the parking lease argue it's necessary to leverage Cincinnati's parking assets to pay for development projects that will grow the city's tax base. Opponents argue it will take too much control out of the city's hands, cause parking rates and enforcement to skyrocket and hurt businesses and residents.
The parking lease has been engulfed in political controversy ever since it was announced in October. Most recently, the city administration was criticized for failing to disclose an independent consultant's memo that found the city was getting a bad deal from the lease. City officials argue the memo was outdated, so they didn't feel the need to release its details.
With its due diligence nearly finished, the Port will now finalize contracts, update the financial model for the lease and vote on the bonds and contracts that will complete the deal. If all goes as planned, the Port's new system will be in place by April next year.
This story was updated to clarify some wording and what parking meters will be enforced until 9 p.m.
The city signed an agreement Monday to lease its parking
meters, lots and garages to the Greater Cincinnati Port Authority, but the mayor and City Council may make changes to the plan before it’s implemented.
The city tweeted the news of the signing to several reporters today with a caveat: “Changes to hours etc. can still be made.”
The caveat comes after a majority of City Council asked City Manager Milton Dohoney to give council more time to make changes to the parking plan. Council approved the parking plan in March, but that was in the middle of a tenuous budget process that has since finished with the passing of a balanced budget.
Now, a majority of City Council is pushing to rework the deal. Democrats Chris Seelbach, P.G. Sittenfeld, Pam Thomas and Laure Quinlivan, Republican Charlie Winburn and Independent Chris Smitherman support reworking or repealing the parking plan.
In particular, Seelbach and Quinlivan have suggested reducing or eliminating the expansion of parking meter operation hours. The original plan expands hours to 8 a.m. to 9 p.m. downtown and 7 a.m. to 9 p.m. in neighborhoods, but private operators wouldn’t have the ability to further expand hours.
How much City Council will be able to do remains uncertain. City Solicitor John Curp previously told City Council that a supermajority is not enough for a repeal because Mayor Mark Mallory, who supports the parking plan, can hold any ordinances until Nov. 30, which marks the end of the current City Council session.
Jason Barron, Mallory’s spokesperson, told CityBeat the mayor would reject a repeal, but he’s open to changes.
“There will be financial repercussions to that,” he said, alluding to possibly smaller payments from the Port Authority. “But there’s a ton of flexibility in this plan.”
Still, Barron says the city won’t spend any funds until there is legal certainty, meaning until potential appeals are exhausted.
At the center of the legal battles: Whether an emergency clause allows the parking plan to avoid a referendum.
Opponents gathered more than 12,000 signatures earlier in the year for a referendum effort, but the referendum may never come to pass in the aftermath of recent court rulings.
The latest ruling from the Hamilton County Court of Appeals decided the city can use emergency clauses to avert referendum efforts on passed legislation, on top of bypassing a 30-day waiting period on implementing laws.
In other words, since the parking plan had an emergency clause attached to it, the plan is not subject to referendum.
The appeals court later refused to delay enforcement of its ruling, which allowed the city manager to sign the lease within days.
Opponents are attempting to appeal the ruling to the Ohio Supreme Court.
For Cincinnati, the parking plan will provide $92 million in an upfront payment, followed by at least $3 million in estimated annual payments that the city says will eventually grow to $7 million and beyond.
The city plans to use the lump sum to rescind budget cuts, help balance future budgets and fund economic development projects, including the I-71/MLK Interchange.
Opponents of the plan argue it cedes too much control of the city’s parking assets to private operators and could hurt neighborhoods and downtown by expanding parking meter operation hours and increasing meter rates.
Correction: The city signed the lease Monday, not Tuesday as originally reported in the story. The city made the announcement Tuesday, which caused confusion and miscommunication.
City Solicitor John Curp on Aug. 15 rebuked a conservative group that asked him to sue the city of Cincinnati over changes made to the city's parking lease without City Council's explicit approval.
With Curp's denial, the conservative group behind the request — the Coalition Opposed to Additional Spending and Taxes (COAST) — is now legally able to once again sue the city over its plans to lease Cincinnati's parking meters, lots and garages to the Greater Cincinnati Port Authority. It would be the second time COAST has taken major legal action over the parking plan.
In a letter to COAST's attorney, Curp writes that the two changes COAST called "significant and material" in its July 17 letter were shifts in dates and time limits that were necessary because a previous lawsuit from COAST forced the city to delay implementation of the parking lease for more than two months. In other words, COAST is trying to use the delays it forced to stop the parking lease once again.
Curp also argues in his letter that the lease gave the city manager the power to make changes that keep the lease "substantially in the form" approved by Council and authorizes city officials to "take all necessary and proper actions" to carry out the lease. Curp writes the disputed changes were within those terms.
In response to Curp's denial, COAST member and attorney Chris Finney told The Cincinnati Enquirer that COAST will pursue another lawsuit against the parking lease if Council doesn't vote on the disputed changes.
Although a majority of Council now says it opposes the parking lease, Mayor Mark Mallory has said he will hold any legislation trying to repeal or undo key elements of the deal.
Under the parking lease, the city will receive a $92
million lump sum and at least $3 million in annual payments, according
to city estimates. Private operators will also be tasked with modernizing Cincinnati's parking assets so parking meters can accept credit cards and payment through a smartphone.
Supporters of the parking lease argue it's necessary to leverage the city's parking assets for development projects and modernize the city’s parking
Opponents say the lease gives up too much public control over the city’s parking assets and will hurt local residents and businesses by causing meter rates and operation hours to go up.
The parking plan has been engulfed in political controversies since it was first unveiled by the city manager in October. Most recently, the city administration withheld a memo that was critical of the plan from the public, City Council and Port Authority — a move that triggered outrage about the administration's lack of transparency.
City Council approved a plan to lease the city’s parking assets to the Port of Greater Cincinnati Development Authority, but the plan is now being held up by a judge’s temporary restraining order (TRO). The plan was passed with an emergency clause, which is meant to expedite the plan’s implementation, but it also makes the law immune to referendum. The judge’s TRO, which will delay implementation for at least one week, 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. The parking plan 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. Opponents say they’re concerned about the plan leading to parking rate hikes, and they say the plan will not fix the city’s structural deficits.
Before the final vote on the parking plan, City Manager Milton Dohoney Jr. gave a presentation to City Council that showed options for reducing Cincinnati’s structural deficit, including a reduction or elimination of lower-ranked programs in the city’s Priority-Driven Budgeting Process, a reduction in subsidies to health clinics that are getting more money from Obamacare, the semi-automation of solid waste collection or the introduction of new or increased fees for certain programs, among other changes.
Ohio senators are pushing a law that would make records of people licensed to carry concealed firearms in Ohio off-limits to journalists. The senators say they were inspired to push the law after a New York newspaper published the names and addresses of permit holders in three counties. Dennis Hetzel, executive director of the Ohio Newspaper Association, says the law will decrease government transparency and limit rights: “I wish the pro-gun forces would be as respectful of the First Amendment as they are of the second, and they should be fearful of excessive government secrecy.”
The superintendent and treasurer of the Cincinnati College Preparatory Academy, a charter school, were indicted after allegedly using school funds to go to “Girls weekends” in Chicago, sightseeing tours through California and Europe and a trip to Boston to see Oprah — allegedly costing taxpayers more than $148,000. Dave Yost, state auditor, said in a statement, “The audacity of these school officials is appalling. The good work by our auditors and investigators has built the strongest possible case to ensure they can never use the public treasury as their personal travel account again.”
The Ohio Department of Transportation and Kentucky Transportation Cabinet are working together to make the case that any delays in the Brent Spence Bridge project will hurt Greater Cincinnati’s economy. Most people involved in the issue agree the bridge needs rebuilding, but not everyone agrees on how the project should be funded. Northern Kentucky politicians in particular have strongly opposed instituting tolls — one of the leading ideas for funding the project.
In public hearings yesterday, service industry officials said Gov. John Kasich’s budget plan, which will expand the state’s sales tax to apply to more service, would drive some service providers out of Ohio and make the state less competitive. Among other complaints, Carter Strang, president of the Cleveland Metropolitan Bar Association, said the plan could make it harder for Ohioans to access legal counsel by increasing costs and reducing employment in the legal sector. CityBeat covered Kasich’s budget proposal in detail here.
State Auditor Yost filed a subpoena to get JobsOhio’s financial records after the agency failed to turn them over. The subpoena puts Yost at odds with Kasich, a fellow Republican who established JobsOhio, a nonprofit company, in an attempt to bring more jobs to the state and replace the Ohio Department of Development.
Hamilton County is launching the Hamilton County Community Re-entry Action Plan, which will help integrate ex-convicts back into society. Commissioner Todd Portune told WVXU the plan will help with overpopulation in jails and prisons: “When you build (jail and prison) facilities, the population in them always seems to rise to meet whatever the (capacity) level is in the facility. You never seem to have enough space. The real answer beyond facilities is that we've got to turn around the lives of the individuals who are in our corrections system that have made bad choices.”
The University of Cincinnati says it won’t block an outdoor display of vagina pictures on campus.
Yesterday, Kentucky’s U.S. Sen. Rand Paul held a nearly 13-hour filibuster to protest any possible use of drone strikes on American soil. Paul was joined by senators from both sides of the aisle in his opposition to using the strikes, which were used in Yemen in 2011 to kill Anwar al-Aulaqi, an American citizen accused of being a high-ranking al-Qaeda official.
The same Cleveland judge who made a woman hold an “idiot” sign for driving around a school bus is making a 58-year-old man hold another sign for threatening officers in a 911 call. The sign will apologize to officers and read, “I was being an idiot and it will never happen again.” The man will also go to jail for 90 days.
There used to be camels in Arctic Canada, but that shouldn’t be too surprising — camels currently reside in the Gobi Desert, which can reach -40 degrees Fahrenheit in the winter.
City Council could use leftover revenue from the previous budget cycle and money from the parking lease to fund a disparity study that would gauge whether minority- and women-owned businesses should be favorably targeted by the city’s contracting policies. The study could cost between $500,000 to $1 million, according to city officials. Because of a U.S. Supreme Court case, the city must carry out the study before it can impose policies that favorably target minorities or women with business contracts. Since the city's last race- and gender-based program was dismantled in 1999, contract participation rates for minority-owned businesses dropped from a high of 22.4 percent in 1997 to a low of 2.7 percent in 2007, but rates for women-owned businesses have remained relatively unchanged. But the numbers could be understating how many minority-owned businesses there are because classifying as one is now voluntary, while it was mandatory in the 1990s.
State Rep. Ron Amstutz, chairman of the Ohio House Finance and Appropriations Committee, says he wants to move on a package of bills that would include the Medicaid expansion by early October. The bills will also tackle other issues, such as how to deal with growing concerns about opiate addiction in Ohio. The Health Policy Institute of Ohio says the federally funded Medicaid expansion would insure nearly half a million Ohioans and generate roughly $1.8 billion for the state in the next year. But Republican legislators in the General Assembly say they're concerned the federal government won't be able to uphold its commitment to the expansion. Recent polling found about 63 percent of Ohioans support expanding Medicaid.
East side residents pleaded with Greater Cincinnati Port Authority officials yesterday to reduce enforcement hours for parking meters under the city's controversial parking lease. The plan allows for enforcement until 9 p.m., but residents say it should only go to 6 p.m. to avoid hurting local businesses that might rely on free parking during the evening. The city is leasing its parking meters, lots and garages to the Port Authority, which will then manage the assets through private operators from around the country. The city administration estimates the deal will produce $92 million up front and at least $3 million a year afterward for Cincinnati, which officials plan to use for development projects and to help close budget gaps.
Meanwhile, opponents of the parking lease appealed their legal challenge to the Ohio Supreme Court. Opponents argue the lease should be susceptible to voter referendum. The city claims Cincinnati's emergency clause powers allow council members to expedite laws and remove the possibility of referendum altogether. The legal challenge was initially successful in a lower court, but the appeals court ultimately sided with the city. It's unclear whether the Ohio Supreme Court will hear the challenge.
Legal experts say it's unclear which, if any, of Ohio's new abortion restrictions could survive a court battle. The anti-abortion measures, which were passed in the state budget by Republican legislators and Gov. John Kasich, impose a series of regulatory hurdles that require extra medical procedures prior to getting an abortion and could be used to shut down abortion clinics.
An internal Environmental Protection Agency (EPA) report suggests that fracking, an oil- and gas-extraction process, can contaminate underground drinking water. The findings could have implications for Ohio, which is currently undergoing a fracking boom as companies rush to tap into oil and gas reserves in northeastern parts of the state. CityBeat covered Ohio’s fracking boom in further detail here.
Councilwoman Pam Thomas and ex-Councilman Cecil Thomas want everyone to know that they have not endorsed anyone for mayor.
Ryan Widmer's mother, who gained notoriety for defending Widmer during his three trials, was found dead yesterday. There were no obvious signs of trauma or foul play. Widmer is currently serving 15 years for drowning his wife in a bathtub in 2008.
Scientists may have to genetically modify oranges to save them from a deadly disease.
Councilman Chris Seelbach says Mayor Mark Mallory and other city officials are wrong to claim Plan B, which would lay off 189 cops and 80 firefighters and make other cuts to city services, is the only solution to the city’s budget deficit if the parking plan isn’t implemented.
Seelbach and Councilman P.G. Sittenfeld called for a special City Council session on April 4 to get the city administration to answer questions about alternatives to laying off cops or firefighters.
Seelbach, who opposes the parking plan, has pointed to casino revenue and cuts in programs ranked poorly by the city’s priority-driven budgeting process as two potential alternatives to eliminating at least 269 public safety positions.
“We spent $100,000 on the priority-based budget process to give the public and a diverse cross-section of the entire city input on what the Council and the city should be spending money on,” Seelbach says. “We should be using those results when deciding where we should make cuts.”
In the midst of the parking plan debate, Seelbach proposed Plan S, which would redirect $7.5 million in casino revenue to help balance the deficit, cut $5 million based on the results of the city's priority-driven budgeting process and put two charter amendments on the ballot that, if approved, would include up to a $10-per-month trash fee and increase the city's admissions tax by 2 percent.
At a press conference on March 28, Mayor Mark Mallory implied the plan is unworkable because it relies on November ballot initiatives. “We don’t have until November,” he said.
But Seelbach says City Council could pass a stub budget that would sustain the city financially until the ballot measures are voted on. If both the measures are rejected, City Council would then be required to make further adjustments to balance the budget.
Even without the ballot initiatives, Seelbach’s suggestions for casino revenue and cuts based on the priority-driven budgeting process could be approved by City Council to avoid at least two-thirds of the $18.1 million in public safety cuts outlined by Dohoney’s Plan B memo. Seelbach says further cuts could be made through the budget-driven priority process if necessary.
“It worries me that these threats of 344 layoffs is just an attempt to sell the parking plan,” he says. “Every option should be on the table.”
Meg Olberding, city spokesperson, previously told CityBeat that City Council could choose its own cuts and use other revenue, including casino revenue, to balance the budget.
“Council can use whatever revenue sources they want,” she said. “That’s why the memo … says we can either use this plan or another plan.”
In the 2013 mayoral race, the threat of laying off cops
and firefighters has played a prominent role in the parking plan debate.
Democratic mayoral candidate John Cranley has repeatedly said the
threats are “the boy crying wolf.” On Friday, he proposed his own budget plan that he says would avoid layoffs, but critics say Cranley’s casino revenue estimates ignore recent trends.
Vice Mayor Roxanne Qualls, another Democratic candidate for mayor, said the city will have to lay off cops and firefighters if the parking plan doesn’t go into effect, echoing earlier comments she made in a blog post Sunday.
On March 6, City Council passed a plan that would lease the city’s parking assets to the Port of Greater Development Authority to help balance the budget for the next two fiscal years and fund development projects, including a downtown grocery store (“Parking Stimulus,” issue of Feb. 27). But the plan is being held up by a referendum effort after a ruling from Judge Robert Winkler on March 28.
The parking plan’s lump sum payment is being reduced to $85 million, down from $92 million, and the city could be on the hook for $14 million to $15 million to build a garage, according an Oct. 9 memo from City Manager Milton Dohoney to council members and the mayor.
Dohoney wrote that the Greater Cincinnati Port Authority, which is leasing Cincinnati’s parking meters, lots and garages under the 30-plus-year deal, reduced its lump sum payment because of rising interest rates and its decision to reduce parking meter enforcement hours outside of Over-the-Rhine and the Cincinnati Business District.
Under the reviewed deal, the Port Authority also handed the responsibility of building a garage at Seventh and Sycamore streets to the city of Cincinnati. Dohoney recommends using the parking plan’s upfront payment to fund the garage, which will cost between $14 million and $15 million, according to city spokesperson Meg Olberding.
If City Council approves the allocation, the upfront funds would be effectively left at $70 million to $71 million.
The city still estimates it will get at least $3 million in annual installments from the lease.
Supporters of the parking plan claim it’s necessary to fully leverage Cincinnati’s parking assets to fund development projects and help balance the operating budget.
The plan also requires private operators, which will be hired by the Port Authority, to upgrade Cincinnati’s parking assets. The upgrades should allow parking meters to accept remote payments through smartphones, among other new features.
Critics claim the plan gives up too much local control over the city’s parking assets. They say the city and Port Authority could easily be pressured by private operators to hike parking rates far beyond the 3-percent-a-year increase currently called for under the plan.
The plan has also been mired in controversy, notably because the city administration withheld a consultant’s memo from the public and council members that claimed the plan is a bad deal for the city. The city administration says the memo was based on outdated information, but opponents still criticized the lack of transparency behind the deal.
Dohoney wrote in the Oct. 9 memo that the Port Authority’s board plans to meet on Oct. 19 to finalize contracts with private operators. If all goes as planned, the Port Authority estimates the new parking system will be in place by April 2014.
The city of Cincinnati and opponents of the parking plan met in court today to debate whether laws passed with emergency clauses are subject to referendum — a crucial legal issue as the city attempts to speed ahead with plans to lease the city’s parking assets to the Port of Greater Cincinnati Development Authority to help balance the deficit and foster economic development.
After hearing extensive legal arguments
from both sides, Judge Robert Winkler, who presided over the hearings, said
a decision is unlikely today.
Curt Hartman, who represented opponents of the parking plan, argued the city charter’s definition of emergency clauses is ambiguous, and legal precedent supports siding with voters’ right to referendum when there is ambiguity.
Terry Nestor, who represented the city, said legal
precedent requires the city to defer to state law as long as state law
is not contradicted in the city charter.
Cincinnati’s city charter does not specify whether emergency legislation is subject to referendum, but state law explicitly says emergency laws are not subject to referendum.
Meg Olberding, city spokesperson, previously told CityBeat that if the parking plan is held up for too long in legal battles, the city will have to carry out spending cuts before July to balance the budget in time for the 2014 fiscal year.
Emergency clauses remove a 30-day waiting period on approved legislation, and the city claims they also remove the possibility of referendum.
City Council approved the parking plan in a 5-4 vote on March 6 before attaching an emergency clause to the law in a 6-3 vote. But the law was quickly put on hold by a temporary restraining order from Winkler after a lawsuit was filed in favor of subjecting the plan to referendum.
Opponents of the parking plan say they’re concerned the plan will cede too much control over the city’s parking meters, which they say could lead to skyrocketing parking rates.
The city says rates are set at 3 percent or inflation, but the rate can change with a unanimous vote from a special committee, approval from the city manager and a final nod from the Port Authority. The special committee would comprise of four people appointed by the Port Authority and one appointed by the city manager.
The city is pursuing the parking plan to help balance the city’s deficit for the next two fiscal years and enable economic development projects (“Parking Stimulus,” issue of Feb. 27).