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.
County Commissioner Todd Portune is proposing a 0.25 percent sales tax hike to stabilize the stadium fund and preserve the property tax rebate promised to voters in 1996. The Hamilton County Board of Commissioners will have to approve the hike before it becomes law. It would raise the county sales tax from 6.5 percent to 6.75 percent.
Portune, the lone Democrat on the three-man board, says the county got to this point after years of problems with the stadium fund’s solvency culminated into one of two options: either the sales tax goes up or the property tax rebate is rolled back. He claims the two options are the only way to keep the stadium fund stable.
Portune says the 0.25-percent increase on the sales tax will hurt low-income families less than rolling back the property tax rebate. He reasoned the impact of the property tax rollback would focus on Hamilton County residents, including low-income families, while any hike in the sales tax is spread out on anyone who spends money in Hamilton County, including visitors from around the Tristate area. He also pointed out that essentials like food and medicine are exempt from the sales tax, which gives some relief to anyone trying to make ends meet.
On support from other commissioners, Portune says Board President Greg Hartmann agreed either the rebate has to go or the sales tax has to go up, but Hartmann could not be reached by CityBeat for further comment. This story will be updated if comments become available.
Update (Nov. 29, 4:25 p.m.): Hartmann called CityBeat after this story was published. He says he has not made a final decision, but he echoed Portune's comments by saying the
“reality of the situation” demands choosing between a sales tax hike or property tax rollback. If the commissioners take the latter option, Hartmann says only a partial rollback will be necessary to draw enough funds. He also cautioned that any one-time sales and spending cuts will not be enough to stabilize the stadium fund in the long term.
Commissioner Chris Monzel says he would rather keep the stadium fund balanced for one year with short-term cuts, including a cut on further investments in The Banks development before raising taxes. After the year is up, Monzel says commissioners could see if revenue from the new Horseshoe Casino and a possible deal involving the University of Cincinnati using Paul Brown Stadium would be enough to sustain the stadium fund in the long term.
The property tax rebate and sales taxes are both generally
considered regressive, meaning they favor the wealthy more than the
poor. In simple terms, as income goes down, spending on goods and
services take bigger bites out of a person’s income. A sales tax makes
that disproportionate burden even larger.
One analysis from The Cincinnati Enquirer found the wealthy actually made more money from the property tax rebate than they were taxed by the half-cent sales tax raise that was initially meant to support the stadium fund.
For a previous story covering the stadium fund, Neil DeMause told CityBeat the stadium fund’s problems stem from the county government making a “terrible deal” with the Reds and Bengals. DeMause is a journalist who has chronicled his 15-year investigation of stadium deals in his book “Field of Schemes.”
The Cincinnati Enquirer reports the Cincinnati streetcar is being delayed until 2016. The streetcar has been delayed time and time again, much to the cheer of opponents. Some opponents have taken the delay as yet another chance to take shots at the streetcar, but the city says a lot of the delays have been due to factors out of the city’s control, including ballot initiatives, the state pulling out a massive $52 million in funding and a dispute with Duke Energy.The U.S. unemployment rate remained at 7.8 percent in December, with November’s rate being revised upward to 7.8 percent as well. Employers reported adding about 155,000 jobs last month, but about 192,000 entered the labor force, meaning the amount of people joining the labor force outmatched the newly employed. The unemployment rate looks at the amount of unemployed people in the civilian labor force, which includes anyone working or looking for work.
U.S. Speaker John Boehner was re-elected U.S. House speaker. Just moments after securing the top House seat, Boehner said he will make the U.S. debt a top priority. But continuing to make the debt and deficit top issues could hurt the economy, as the fiscal cliff and recent developments in Europe have shown.
Uncle Sam is helping out Cincinnati firefighters. The Cincinnati Fire Department will be getting $6 million in federal grant money to hire 40 additional firefighters. The money will be enough to fund salaries for two years.
Cincinnati’s biggest cable provider dropped Current TV after it was sold to Qatar-based Al Jazeera. The Pan-Arab news network has had a difficult time establishing a foothold in American markets, largely because of the perception that it’s anti-American. But Al Jazeera has put out some great news stories, and some of the stories won awards in 2012.
If anyone is planning a trip through New York City’s LaGuardia Airport, Dayton International Airport now has that covered.
A small town in Ohio is being accused of covering up an alleged gang rape to protect a local football team. But KnightSec, a hacking group affiliated with the organization Anonymous, is fighting back by releasing evidence related to the case.
Despite a solved fiscal cliff deal extending emergency unemployment benefits, Ohio’s unemployed will soon be getting less aid. The decrease was automatically triggered by the state’s declining unemployment rate.
Ohio’s universities are adopting more uniform standards for remedial classes.
The newest Congress is a little more diverse.
In what might be the worst news of the century, the Blue Wisp Jazz Club could close down. The club, which has the greatest spinach-and-artichoke dip in the universe, is facing financial problems.
People who recently obtained gift cards for Rave Motion Pictures may want to get a move on. The theater is being sold to AMC Theatres.
A new theory suggest Earth should have been a snowball in its early days, but it wasn’t due to greenhouse gases.
Activists gathered on Thursday outside of the West Chester office of U.S. House Speaker John Boehner, asking the House’s top official to look at reducing military spending when coming up with a budget.
The group of nearly two dozen — which included nuns, a veteran, a retiree advocate, a small businessman and progressive activists — held signs reading, “It is time for Nation Building in the United States. Cut Massive Pentagon Budget Now!” and “End Tax Breaks for Richest 2%.”
“We’re here today in front of Speaker of the House John Boehner’s West Chester office to drive home the fact that we believe that over 50 percent of the budget magically, this elephant in the House, has failed to be discussed as we discuss taking away services that provide human needs,” said David Little of Progress Ohio.
“Any discussion that fails to address excesses in that budget is failing the American people.”
Little added that it was possible to support the troops and veterans without spending billions on pointless wars.
Butler County attorney and Navy veteran Bruce Carter said the military can be more efficient in what he called the changing mission.
“When you refuse to have a discussion on over half of the budget, that’s like trying to tell the Bengals to win a game without going over the 50 yard line,” he said.
The group had a letter to deliver to Boehner, which contained what they called a statement of principles.
“We believe in a holistic approach to the budget crisis, and in order to protect the middle-class, cuts to the Pentagon need to be at the forefront,” the letter states. “We understand that Pentagon cuts are a controversial issue, however, Pentagon cuts in the sequester do not threaten our national security.”
The letter suggests that some of the money currently being spent on the Defense Department goes to providing services for veterans.
The military accounted for about 52 percent — or $600 billion — of discretionary spending in fiscal year 2011.
In contrast, education, training and social services collectively made up 9 percent of the budget.
The group of four activists weren’t allowed into Boehner’s office, but a young staffer met them outside. He said that the speaker thought everything should be on the table when it came to budget cuts.
Cincinnati Public Schools seems to be playing a big role in reforming Ohio’s school funding formula. Superintendent Mary Ronan got a call from Gov. John Kasich’s office about the per-pupil funding formula CPS uses to distribute funds to its schools. It seems the state might adopt a similar method, but Ronan is cautious: “I do think it's one of the ways you could do it, a per-pupil funding, but I have to say, we were always tweaking every year ... because sometimes those formulas can be a bit off and any time we saw one school getting a lot more than another ... we tried to refine it every year over probably the 15 years we have used it.” She also notes schools are getting “bare minimum” funding right now. CityBeat covered budget problems at CPS here.
In general, state budget cuts have led to fewer teachers in Ohio schools. Gov. Kasich previously urged schools to focus on classroom instruction, but it seems the words aren't being followed up with proper funding.
Southwestern Ohio judges are clashing over double-dipping. The practice involves government workers retiring and getting rehired so they can collect pensions and a paycheck at the same time. At a meeting, Hamilton County Judge Melba Marsh said she wants to allow Magistrate Michael Bachman to retire and then be rehired so he doesn't lose a 3-percent increase to his retirement, which is otherwise being eliminated by the Ohio Public Employees Retirement System after 2012. But the move has been met with resistance from other judges.
For Cincinnati hospitals, Medicare changes mean some loss and some gain.
The online campaign urging Macy’s to dump Donald Trump circled a “Dump Trump” billboard around Macy’s headquarters. The anti-Trump movement has gained about 680,000 signatures since it started.
On Christmas Eve, some spent time with family, while Butler County Deputy David Runnells helped deliver a baby in the back of a car during an emergency call.
Ohio will use $20 million out of $200 million in casino funds to train incumbent workers. Gov. Kasich says the program could help avoid layoffs.
It seems Mitt Romney's presidential campaign really thought they were going to win. In campaign memos leading up to the election, campaign staff said the race was “unmistakably moving in Mitt Romney’s direction,” and the campaign ridiculed the possibility of losing Ohio due to the Romney campaign’s “better ground game.” But President Barack Obama had a much larger ground game for one-on-one interaction, which is one of the factors former Romney staff now say led to their demise. But whatever. Romney didn't want to be president, anyway, says son Tagg Romney: “He wanted to be president less than anyone I’ve met in my life. He had no desire to ... run.”
Fiscal cliff talks aren’t going well. President Obama cut his vacation early to work out negotiations. If Republicans and Democrats can’t work out their problems, a series of spending cuts and tax hikes dubbed the “fiscal cliff” will kick in throughout 2013. But it’s looking more and more likely the nation will head off the cliff, considering U.S. Speaker John Boehner can’t even pass tax hikes on people making more than $1 million a year.
Ever wonder what dinosaur meat would taste like? Well, Popular Science has that covered.
In June, City Council approved an extra $17.4 million and
accountability measures for the streetcar project, which require the city manager to publicly update council with a timeline of key milestones, performance measures, an
operating plan, staffing assessments and monthly progress reports.
During discussions for
the funding and accountability proposals, some council members, particularly Councilman P.G.
Sittenfeld, raised concerns that Messer would require more money than
the city could afford. Sittenfeld said he was especially concerned Messer would have all the leverage going forward, considering the city supposedly needed the lower construction bid to keep the project within its new budget.
Messer was the lowest bidder for the project’s construction work, but even that bid came $26 million higher than the city’s original estimates, forcing the city to close a budget gap if the project was to continue.
With the construction bids taken care of, the only known funding concern for the streetcar is who has to pay $15 million for moving utility lines to accommodate for streetcar tracks. Duke Energy argues the cost burden is on the city, while the city says the energy company has to pay up. The issue is currently being decided in court.
Ever since Cincinnati began pursuing the streetcar project, it’s been mired in misrepresentations and political controversy, which CityBeat covered in further detail in this week’s cover story.
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.
The Democratic Party’s nominating committee announced who it’s supporting for City Council Friday: Greg Landsman, who heads the Strive Partnership and worked for former Gov. Ted Strickland; Shawn Butler, Mayor Mark Mallory’s director of community affairs; Michelle Dillingham, a community activist; and the six incumbents, which include Laure Quinlivan, Chris Seelbach, Yvette Simpson, P.G. Sittenfeld, Pam Thomas and Wendell Young. The nominations still have to be approved by the Cincinnati Democratic Committee.
Petitioners against the city’s parking plan are supposed to get their final tally on referendum today, but a new video shows at least some of the petitions may have been signed without a legitimate witness, which are needed to validate a signature. The Hamilton County Board of Elections announced Thursday that petitioners had met the necessary threshold of 8,522 signatures, but the video casts doubts on whether those signatures were legitimately gathered. The city wants to lease its parking assets to help balance the deficit for the next two years and fund development programs around the city (“Parking Stimulus,” issue of Feb. 27), but opponents worry higher parking rates and extended hours will harm the local economy. Here is the embedded video:
The Ohio Senate could restore Gov. John Kasich’s tax, school funding and Medicaid plans when it votes on the biennium budget for 2014 and 2015. Kasich’s tax and education funding plans were criticized by Democrats and progressive groups for favoring the wealthy, but the Medicaid expansion, which the Health Policy Institute of Ohio says would expand Medicaid coverage to 456,000 low-income Ohioans and save the state money, was mostly opposed by state Republicans. CityBeat covered Kasich’s budget in further detail here.
New polling from Quinnipiac University found a plurality of Ohio voters now support same-sex marriage rights — granting promising prospects to Freedom Ohio’s ballot initiative to legalize same-sex marriage in the state this year.
An audit on JobsOhio could take months, according to State Auditor Dave Yost’s office. Gov. John Kasich was initially resistant to a full audit, but Yost eventually won out, getting full access to JobsOhio’s financial records. JobsOhio is a privatized development agency that is meant to eventually replace the Ohio Department of Development.
In response to not getting a Democratic endorsement for his City Council campaign, Mike Moroski, who was fired from his job at Purcell Marian High School for supporting gay marriage, launched the Human Party.
Cincinnati received an “F” for business friendliness in the 2013 Thumbtack.com U.S. Small Business Friendliness Survey from the Ewing Marion Kauffman Foundation.
Embattled attorney Stan Chesley will no longer practice law in Ohio. Chesley, who has been criticized for alleged misconduct, was recently disbarred in Kentucky. He recently resigned from the University of Cincinnati Board of Trustees after being asked to in a letter from fellow board members.
Ohio gas prices are shooting back up.
PopSci has an infographic showing sharks should be much more scared of humans than humans should be afraid of sharks.
Just a few months after the city avoided laying off cops, firefighters and other city employees, City Manager Milton Dohoney on Sept. 15 proposed restoring $26,640 in vehicle allowances that would subsidize car use for the city manager, the mayor and other director-level positions in the city administration.
City spokesperson Meg Olberding told CityBeat that restoring the allowances is a matter of basic fairness and keeping both the city’s word and competitiveness.
Olberding says car allowances are typically part of compensation packages offered in other cities that compete with Cincinnati for recruitment. The allowances, she explains, were also promised to city directors as part of their pay packages when they were first hired for the job.
“Cutting it reneges on their original offer and part of the pretense under which they took the job,” Olberding says, adding that failing to restore the compensation promises could make future potential hires reluctant to work in Cincinnati.
But given Cincinnati’s ongoing budget problems, some council members say the proposal is out of touch.
“Are you kidding me?” asked Councilman Chris Seelbach at the Sept. 16 Budget and Finance Committee meeting. “I just question the judgment of an administration that would make that kind of recommendation given our current financial situation. I’m offended that it would be even recommended.”
Even though City Council managed to avoid layoffs in this year’s budget, Cincinnati’s operating budget remains structurally unbalanced, which means the city will have to come up with new revenue or cuts to balance the budget in upcoming years.
Seelbach told CityBeat he doesn’t agree with the competitiveness arguments.
“I’m more concerned with the garbage worker who’s making barely enough to get by and would love to get a quarter-on-the-hour raise, much less a $5,000 car allowance,” he says. “If someone wants to leave their position when they’re making $100,000-plus because we’re not going to give them a $5,000 car allowance, I’m convinced we can find someone just as capable, if not more capable, that would be thrilled with a $100,000-plus salary with no car allowance.”
Still, Olberding points out that city directors often need to drive more than the typical worker, whether it’s to get to public meetings, in case of an emergency or as a natural consequence of being on call 24/7. She says that justifies what she sees as a small cost.
The restoration was tucked into a proposal from the city manager that restores more than $6.7 million in previous cuts by using revenue left over from the previous budget cycle. The car allowance portion is about 0.3 percent of the total proposal and less than one-hundredth of a percent of the city’s overall operating budget.
For some city officials, the issue gets to what they perceive as a disconnect between private individuals and the government: Although thousands of dollars might seem like a lot of money to the typical person, the sum is usually worth much less than a penny on the dollar in city budget terms.
But Seelbach says garbage collectors and other city workers who haven’t received a raise in years would be thrilled to split $22,000, even if the sum doesn’t mean much in total budget terms.
“It shows a lack of respect for the people who make this city work,” Seelbach says.
The proposal also comes shortly after a tense budget showdown and in the middle of an election year for City Council and the mayor’s office.
Dohoney repeatedly said throughout the past year that the city would have to lay off 344 employees, including 189 cops and 80 firefighters, if it didn’t lease its parking meters to the Greater Cincinnati Port Authority. The city ultimately avoided the layoffs without the parking lease by making cuts in various areas, including the city’s parks, and tapping into higher-than-expected revenues, but the city is still pursuing the lease to pay for economic development projects.
City Council will take up the restoration measures at a Budget and Finance Committee meeting on Sept. 24.
Updated at 4:09 p.m. with comments from Councilman Chris Seelbach.
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.