The Conservation Board staff reviewed the standards required for conditional use and the Anna Louise Inn’s application, concluding that the facility should be allowed to operate as a “special assistance shelter.”
The Board is expected to rule on the permit Aug. 27 after receiving the recommendation and hearing testimony from the Inn’s administrators and supporters. Representatives from Western & Southern Financial Group, which sued the Anna Louise Inn over zoning violations in 2011, will also have an opportunity to testify.
CityBeat last week reported the details of Western & Southern’s failure to purchase the Anna Louise Inn when it had the chance and the company’s subsequent attempts to force the Inn out of the neighborhood (“Surrounded by Skyscrapers", issue of Aug. 15).
Tim Burke, lawyer for the Anna Louise Inn, is pleased with the staff’s determination that the renovation met all qualifications for conditional use.
“I was certainly optimistic that we would get a positive recommendation,” Burke says. “This is obviously an extremely positive recommendation and we agree with it.”
The staff recommendation states that the Anna Louise Inn “creates, maintains and enhances areas for residential developments that complement and support the downtown core” and that “no evidence has been presented of any negative public health, safety, welfare or property injury due to the current use.” It also notes that “the Anna Louise Inn is a point of reference from which all other new and renovated buildings must be designed in order to be compatible with the district.”
The Anna Louise Inn only applied for the conditional use permit because Judge Norbert Nadel ruled in Western & Southern’s favor on May 4, determining that the Inn is a “special assistance shelter” rather than “transitional housing,” which froze $12.6 million in city- and state-distributed loans for the Inn’s planned renovation. The Anna Louise Inn appealed that decision but also applied for the conditional use permit from the Conservation Board under the judge’s definition, because special assistance shelters qualify for conditional use permits under the city’s zoning code.
Francis Barrett, lawyer for Western & Southern, appears to have taken exception to the Anna Louise Inn’s application. He sent a letter to the Conservation Board Aug. 20 stating that “the description of the proposed uses set forth in the application for conditional use approval … is not the same as nor consistent with the Court’s decision.”
Barrett didn't return a message left by CityBeat with the receptionist at his law firm after a Western & Southern media relations representative directed CityBeat to contact him there. Francis Barrett is the brother of Western & Southern CEO John F. Barrett.
UPDATE: Francis Barrett returned CityBeat’s call after this story was published. His comments are at the end.
Burke doesn’t know what Barrett meant by suggesting that the proposed uses in the Anna Louise Inn’s application for conditional use don’t follow Nadel’s May 4 ruling.
“We’re doing what they argued in court,” Burke says. “Judge Nadel’s decision doesn’t ever exactly say ‘you’re a special assistance shelter.’ It certainly refers to the Off the Streets program that way and it certainly refers to (the Anna Louise Inn) as a single unified use. It says ‘go back to the appropriate administrators and seek conditional use approval.’ That’s what we’re doing.”
Stephen MacConnell, president and CEO of Cincinnati Union Bethel, which owns the Anna Louise Inn, says the hearing will involve testimony from himself and Mary Carol Melton, CUB executive vice president, along with supporters of the Anna Louise Inn.
“We’ll bring a few witnesses just to basically lay out the situation,” MacConnell says. “The board will already have the staff recommendation, so the witnesses that we’ll bring will briefly testify about how we meet the required standards.”
Western & Southern will have a chance to appeal if the Historic Conservation Board grants the conditional use permit. Burke expects that to happen.
“What I’m pissed about is Western & Southern, they don’t give a damn,” Burke says. “We can do exactly what Judge Nadel told us to do and get it approved as a conditional use. They will appeal it to the zoning board of appeals. We can win it there and they will appeal it and get it back in front of Judge Nadel and then I don’t know what will happen.”
The hearing is scheduled to take place at 3 p.m. Monday, Aug. 27 at Centennial Plaza Two, 805 Central Ave., Seventh Floor.
UPDATE 5:36 P.M.: Regarding the letter Francis Barrett sent the Conservation Board Aug. 20 stating that “the description of the proposed uses set forth in the application for conditional use approval … is not the same as nor consistent with the Court’s decision,” Barrett said Friday evening: “I just felt that the description in the submission was different from the description in the decision. I would say it was just not complete.”
When asked for specifics, Barrett said: “I’d have to get the decision out and look at it carefully. I don’t have it in front of me I just thought in general.”
Barrett said Western & Southern will give a presentation to the Historic Conservation Board on Monday but declined to elaborate because it wasn’t finalized.
When asked if Western & Southern will appeal a ruling in favor of the Anna Louise Inn, Barrett said: “It all depends what the decision states.”
The Anna Louise Inn today won another case in front of the Cincinnati Zoning Board of Appeals. The ruling upheld a Historic Conservation Board decision that gave Cincinnati Union Bethel, which owns the inn, a conditional use permit that will allow the social service agency to carry on with a planned $13 million renovation. Western & Southern in a statement given to reporters following the decision vowed to appeal the ruling.
At the hearing, Western & Southern attorney Francis Barrett, who is
the brother of Western & Southern CEO John Barrett, continued his
argument that the Anna Louise Inn is a “high-crime area.” The accusation
is meant to disqualify the Inn for the conditional use permit, which
requires that the building’s use will not be detrimental to public
health and safety or negatively affect property values in the
neighborhood. During an Aug. 27 hearing, the Historic Conservation Board found no direct evidence connecting residents of the Anna Louise Inn to
criminal activity in the neighborhood.
Barrett also emphasized Western & Southern’s stance that continuing on the current path set by the Historic Conservation Board is a waste of taxpayer money because the Inn is receiving public funds. Barrett labeled the funds “excessive expenditures.” However, that argument has little bearing on whether the Inn deserves a conditional use permit, because it’s not relevant to zoning laws and rules.
Tim Burke, Cincinnati Union Bethel’s attorney, began his defense of the Anna Louise Inn by calling the ongoing case one of the most “frustrating” of his career. He suggested Western & Southern is just continuing its attempts to delay the Inn’s renovations as much as possible.
Regarding the charge that the Anna Louise Inn has adverse effects on public health and safety, Burke told the Zoning Board of Appeals that the only adverse effect is on Western & Southern because “they want the property and can’t get it.” He claimed there is no proof that the Anna Louise Inn perpetuates crime in the area, and testimony and evidence presented in the case has proven as much.
The case is only one of many in the ongoing conflict between Cincinnati Union Bethel and Western & Southern, which CityBeat previously covered in-depth (“Surrounded by Skyscrapers,” issue of Aug. 15). Cincinnati Union Bethel wants to renovate the Anna Louise Inn in part with $10 million in tax credit financing from the Ohio Housing Finance Agency and a $2.6 million loan funded by U.S. Department of Housing and Urban Development that was awarded by the city. Western & Southern says it wants to use the Lytle Park area, where the Inn is located, for private economic development.
The series of cases began when Judge Norbert Nadel ruled on May 27 that the Anna Louise Inn classifies as a “special assistance shelter,” which requires a different kind of zoning permit than the previous classification of “transitional housing.” That ruling was appealed by Cincinnati Union Bethel to the Ohio First District Court of Appeals, which held hearings on Oct. 30 and is expected to give a ruling soon.
More than half of Cincinnati’s children live in poverty, according to the U.S. Census Bureau’s 2012 American Community Survey released Thursday.
The 2012 rate represents a roughly 10-percent increase in the city’s child poverty rate in the past two years. In 2010, 48 percent of Cincinnatians younger than 18 were considered impoverished; in 2012, the rate was 53.1 percent.
If the number was reduced back down to 2010 levels, approximately 4,500 Cincinnati children would be pulled out of poverty.
Overall poverty similarly increased in Cincinnati from 30.6 percent in 2010 to 34.1 percent in 2012.
Black residents were hit hardest with 46.4 percent classified as in poverty in 2012, up from 40.8 percent in 2010. Meanwhile, the poverty rate among white residents went from 19.8 percent in 2010 to 22.9 percent in 2012.
Hispanics of any race were placed at a poverty rate of 51 percent in 2012, but that number had an extraordinary margin of error of 15.5 percent, which means the actual poverty rate for Hispanics could be up to 15.5 percent higher or lower than the survey’s estimate. In 2010, 42 percent of Hispanics were classified as impoverished, but that number had an even larger margin of error of 17.9 percent.
The other local numbers had margins of error ranging from 2.2 percent to 4.9 percent.
The child poverty rates for Cincinnati were more than double Ohio’s numbers. Nearly one in four Ohio children are in poverty, putting the state at No. 33 worst among 50 states for child poverty, according to the Children’s Defense Fund of Ohio.
In 2012, the U.S. government put the federal poverty level for a family of four at an annual income of $23,050.
Some groups are using the numbers to make the case for new policies.
“Too many Ohioans are getting stuck at the lowest rung of the income ladder and kids are paying the price,” said Hannah Halbert, workforce researcher for left-leaning think tank Policy Matters Ohio, in a statement. “Policymakers — at both the state and federal levels — are making a clear choice to not invest in workers, families or kids. This approach is not moving our families forward.”
The federal government temporarily increased aid to low-income Americans through the federal stimulus package in 2009, but some of that extra funding already expired or is set to expire later in the year. The food stamp program’s cuts in particular could hit 1.8 million Ohioans, according to an Aug. 2 report from the Center on Budget and Policy Priorities.
At a local level, City Council has consistently failed to uphold its commitment to human services in the past decade, which human services agencies say is making the fight against poverty and homelessness more difficult.
Vice Mayor Roxanne Qualls, the Greater Cincinnati Port Authority and community partners on Monday unveiled the “Come Home Cincinnati” initiative, which promises to make vacant properties available to new occupants in an effort to increase homeownership and redevelop neighborhoods hit hardest by vacancy and abandonment.
The goal is to establish a residential base that will help jumpstart private redevelopment and revitalize largely abandoned areas of Cincinnati and Hamilton County.
“Just about a year ago, we were in Evanston to talk about their housing strategy for the Woodburn Avenue corridor and what to do about the 200 vacant and abandoned properties in the community,” Qualls said in a statement. “The next logical step on the path to revitalization is to incentivize private market investment in the residential core of our neighborhoods and help to fill the once-abandoned homes with new owner-occupants.”
The initiative will work through the Hamilton County Land Bank, private lenders and community development corporations to connect potential homeowners with a pool of loan guarantees.
Qualls’ office says the plan will likely require tapping into the city’s Focus 52 fund, which finances neighborhood projects.
To qualify for the program, owner-occupants will have to meet minimum credit requirements, agree to live in the rehabilitated home for five years and pay for 5 percent of the total rehabilitation and acquisition costs as a down payment. After five years, the loan will be refinanced at the same or better interest rates to relinquish the city and its partners’ loan guarantee.
The city is eyeing a few potential partners for the initiative, including the Cincinnati Development Fund, Cincinnati Preservation Association, the University of Cincinnati Urban Design Center and neighborhood-specific groups.
The initiative will start with 100 homes in the pilot neighborhoods of Evanston and Walnut Hills, but it will expand to Avondale, College Hill, Madisonville, Northside, Price Hill and South Cumminsville as resources grow. It will work in conjunction with the Moving Ohio Forward demolition grant program, which allows the city and Hamilton County Land Bank to tear down blighted and vacant buildings.
At the same time, three of the neighborhoods — College Hill, Madisonville and Walnut Hills — are currently trying out form-based code, a special kind of zoning code championed by Qualls that allows developers to more easily pursue projects as long as they stay within a neighborhood’s established goals.
City Council will now need to approve a motion that gives the city administration 60 days to develop a plan and budget for the initiative. The city administration’s proposal will also require City Council approval.
Never piss off the proletariat.
Upset about his low pay and dismal working conditions, a worker at one of Facebook’s Third World contractors has leaked the social media site’s ultra-secret document about what type of content it censors.
Amine Derkaoui, a 21-year-old Moroccan man, worked for an outsourcing firm last year that scanned Facebook members’ pages for banned content. Given Facebook’s profitability, Derkaoui became angry about its stinginess with workers.
As a result, Derkaoui gave a copy of Facebook’s internal guidelines about what content it will delete to Gawker, a top Internet gossip site.
Some of the forbidden items are obvious like racial slurs, depictions of human or animal mutilation, photographs or cartoons of sexual activity, violent speech and content that organizes or promotes illegal activity.
But some of the other verboten items are more unusual, if not downright strange.
For example, naked “private parts” including female nipple bulges and butt cracks are forbidden, but male nipples are allowed. The list specifically mentions “mothers breastfeeding” as unacceptable.
Also, most depictions of bodily fluids are unacceptable, but not all. It lists “urine, feces, vomit, semen, pus and ear wax" as unacceptable (yes, ear wax). But, it helpfully notes, “cartoon feces, urine and spit are OK; real and cartoon snot is OK.” Well, that's good to know.
Other items subject to deletion include cartoon nudity, images of internal organs, bones, muscles, tendons and “deep flesh wounds,” along with “blatant (obvious) depiction of camel toes and moose knuckles.” (Confession: I had to Google “moose knuckle” to know what that meant.)
Images of “crushed heads, limbs, etc. are OK,” however, as long as “no insides are showing” and the person posting them doesn’t express delight or gratification.
Moreover, all criticism of Ataturk, the founder of the nation of Turkey, along with images depicting the burning of Turkish flags are forbidden. It’s believed this restriction is due to certain European laws that, if violated, could cause the site to be blocked in Turkey.
The 17-page manual includes a one-page “cheat sheet” so workers can quickly reference it when making decisions about what to delete.
Gawker said Derkaoui found his job through the outsourcing firm oDesk, which provides content moderation services for Facebook and Google. About 50 people across the globe — mostly in Turkey, the Philippines, Mexico and India — work to moderate Facebook content. They work from home in four-hour shifts and earn $1 per hour plus commissions.
"It's humiliating. They are just exploiting the Third World," Derkaoui told Gawker.
Fox 19 on Nov. 9 apologized for an ignorant comment made by news anchor Tricia Macke on her personal Facebook page last month. Macke’s comment, “Rachel Maddow is such an angry young man,” sparked outrage among gay-rights organizations for its depiction of MSNBC’s openly gay broadcaster as a man.
According to screen shots published by the Gay & Lesbian Alliance Against Defamation (GLAAD), Macke appeared to have missed the point when called out by a commenter for targeting Maddow’s sexual identity. Macke wrote, “you are right… I should have said antagonistic” but then told another commenter, “I knew what I was saying.”
GLAAD wrote: “Tricia Macke undoubtedly tried to insult Maddow because of their political differences, rather than simply because Maddow is gay — but her comments went much further than insulting Maddow's political leanings, and took issue with Maddow's gender, revealing an anti-gay (or at least anti-gender-nonconforming?) bias underlying her political beliefs.”
Fox 19 posted its apology along with a statement from Macke describing her comment as insensitive and inappropriate. Macke wrote: “I apologize to Ms. Maddow and any others who may have been offended by my comments, as they do not reflect my firm beliefs in individual and equal rights, and they certainly do not represent the opinions or position of my employer WXIX-TV."
Maddow, an openly gay MSNBC political analyst, is one of America’s highest-profile news personalities. She’s also a Stanford graduate with a doctorate in political science from Oxford University, where she was a Rhodes Scholar.
“The Jim Henson Company has celebrated and embraced diversity and inclusiveness for over fifty years and we have notified Chick-Fil-A that we do not wish to partner with them on any future endeavors,” the company said in the statement.
The statement went on to announce the company, under the order of CEO Lisa Henson, will be donating payments received from Chick-Fil-A to the Gay & Lesbian Alliance Against Defamation (GLAAD), one of the biggest pro-gay-rights groups in the country.
The news comes after a week of scrutiny following company president Dan Cathy’s declaration that he is against gay marriage. Politicians piled on to the news. Same-sex marriage opponents praised the company for its stance, while prominent Democrats and Republicans criticized Chick-Fil-A for the position.
The company has long held an anti-gay stance. It has publicly supported and funded anti-gay groups, and the company was reported to be co-sponsoring a marriage conference with the anti-gay group Pennsylvania Family Institute last year.
Chick-Fil-A has also been known for promoting fundamentalist Christian values. Founder Samuel Truett Cathy has identified himself as a staunch Christian, and the chain’s restaurants close on Sundays to respect Christian values. Even the company’s corporate purpose statement invokes religion: “To glorify God by being a faithful steward of all that is entrusted to us."
The company has also been criticized for religious discrimination in the past. In 2002, a former Muslim employee sued the company because he claimed he was fired for not participating in a group prayer to Jesus Christ. The lawsuit was settled out of court for an undisclosed amount.
“The First Energy Family has contributed more than $44,000.00 into re-election campaigns for Justices Cupp and O’Donnell this year alone,” O’Neill, a Democrat who is running for the Ohio Supreme Court, wrote. “It is simply wrong for them to continue sitting on First Energy cases.”
The Ohio Supreme Court, which has seven justices decide
the state’s top judicial cases, is currently handling a case
involving FirstEnergy, an energy company based in Akron. More than
300,000 customers are suing the company over alleged fraud. The 11th
District Court of Appeals previously ruled against FirstEnergy, and the case was appealed to the Ohio Supreme Court.
The lawsuit is the fifth Ohio Supreme Court case involving FirstEnergy this year.
O’Neill pointed out the lawsuit “could easily be a billion dollar case” before writing, “And the public has a right to know that the ruling was not purchased by one side or another.”
Ohio Sen. Mike Skindell, a Democrat who is also running for the Ohio Supreme Court, endorsed O’Neill’s letter. In the past, he also criticized Cupp and O’Donnell for potential conflicts of interest.
The offices of Cupp and O'Donnell did not immediately respond to CityBeat's requests for comment on the letter. This story will be updated if responses become available.
UPDATE OCT. 4, 4:12 P.M.: Mark Weaver, spokesperson for Cupp, responded: “Mr. O'Neill previously raised this argument with disciplinary authorities by filing a complaint. It was reviewed by disciplinary authorities, and they unanimously dismissed it as having no merit.”
Mayor-elect John Cranley invited reporters to his home in Mt. Lookout on Wednesday to discuss his plan and priorities for his first term as mayor of Cincinnati.
Cranley claims the invitation to his house represents the kind of accessible, transparent leadership he’ll take up when he begins his term on Dec. 1.
Speaking on his immediate priorities, Cranley says he already contacted the nine newly elected council members and intends to build more collaboration with all sides of the aisle, which will include a mix of five Democrats, two Republicans, one Charterite and one Independent starting in December.
One of Cranley’s top priorities is to cancel the $133 million streetcar project, which Cranley and six newly elected council members oppose. He also argues that the city should stop spending on ongoing construction for the project.
“Seriously, look at who got elected yesterday. At some point, this is a democracy. We shouldn’t be agitating voters like this,” Cranley says. “Let’s not keep spending money when it looks like the clear majority and the clear mandate of yesterday’s election was going in a different direction.”
But in response to recent reports that canceling the streetcar project could carry its own set of unknown costs, he says he will weigh the costs and benefits before making a final decision. If the cost of cancellation is too high, Cranley acknowledges he would pull back his opposition to the project.
Canceling the streetcar project would also require an ordinance from City Council.
Mike Moroski, who on Tuesday lost in his bid for a council seat, already announced on Twitter
that he’s gathering petition signatures for a referendum to prevent the project’s cancellation.
Cranley promises he won’t stop a referendum effort by
placing an emergency clause on an ordinance that cancels the project, but he expressed doubt that a referendum would succeed.
On the current city administration’s plan to lease the city’s parking meters, lots and garages to the Greater Cincinnati Port Authority, Cranley says he will work with fellow lawyers David Mann and Kevin Flynn, both of who won seats for council on Tuesday, to find a way to cancel the deal.
But that could prove tricky with the lease agreement already signed by the city and Port Authority, especially as the Port works to sell bonds — perhaps before Cranley takes office — to finance the deal and the $85 million payment the city will receive as a result.
Cranley also promises to make various development projects his top priority, particularly the interchange for Interstate 71 and Martin Luther King Drive. He says he will lobby White House officials to re-appropriate nearly $45 million in federal grant money for the streetcar project to the interchange project, even though the U.S. Department of Transportation told the city in a June 19 letter that it would take back nearly $41 million of its grant money if the streetcar project were canceled.
Cranley vows he will also work with local businesses to leverage public and private dollars to spur investment in Cincinnati’s neighborhoods — similar to what the city did with Over-the-Rhine and downtown by working with 3CDC (Cincinnati Center City Development Corporation).
“We want to have some big early wins,” Cranley says. “We want to get moving within a year on the Wasson Way bike trail, see significant progress at the old Swifton Commons and see Westwood Square developed.”
He adds, “And we intend to reverse the one-trash-can policy, which I think is a horrible policy. … There have been several stories about illegal dumping that have resulted from that.”
Cincinnati’s pension system and its $862-million-plus unfunded liability also remain a top concern for city officials. Cranley says he will tap Councilman Chris Smitherman to help bring costs in line, but no specifics on a plan were given.
Limitations imposed by Ohio lawmakers who oppose the Affordable Care Act (“Obamacare”) have forced Cincinnati Children’s Hospital Medical Center to give up a $124,419 federal grant that would have gone toward helping uninsured Ohioans navigate new online marketplaces for health insurance.
Specifically, the state law, which Gov. John Kasich signed on April 30 and went into effect on July 30, excludes any organization that receives payments from a health care payer, such as an insurance company, from being designated as a “navigator.”
The designation is necessary for Cincinnati Children’s Hospital to receive the federal grant, which is part of national outreach efforts to enroll as many Americans, especially young adults, into Obamacare’s online marketplaces when they open for enrollment on Oct. 1.
Without the designation, Cincinnati Children’s Hospital was forced to give up the federal money, Cincinnati Children’s Hospital spokesperson Terry Loftus told CityBeat.
State legislators passed the restrictions to clarify regulations on navigators that avoid potential abuses and conflicts of interest.
But Obamacare’s supporters claim the state law is part of a nationwide effort from state and federal Republicans to make Obamacare more difficult to implement.
The federal government intends to sign up 7 million people into Obamacare’s online marketplaces, but 2.7 million have to be young adults to keep costs low. Otherwise, older, less healthy Americans will fill up the marketplaces, exhaust health services and drive up costs.
Supporters of Obamacare acknowledge that signing up so many young adults will be difficult, so they’ve taken to national and state-by-state education campaigns that tell young adults about the benefits and cost savings made available through the president’s signature health care law. These campaigns are being headed by various organizations that have been dubbed “navigators.”
But opponents, particularly Republicans, are preventing some of the efforts by investigating navigators and passing legislation in state governments that limits what navigators can do and who can be classified as a navigator.
Most recently, Republicans in the U.S. House Energy and Commerce Committee sent a letter to groups participating in the navigator program with a series of accusations and questions.
“This is a blatant and shameful attempt to intimidate groups who will be working to inform Americans about their new health insurance options and help them enroll in coverage, just like Medicare counselors have been doing for years,” Erin Shields Britt, spokesperson for the U.S. Department of Health and Human Services, told The Hill.
For the uninsured, not knowing about the online marketplaces could mean losing out on opportunities to obtain health insurance at lower costs. Recent reports have found that Obamacare’s online marketplaces and tax subsidies will lower costs for Ohioans in the individual health care market.
An Aug. 29 study from the RAND Corporation, a reputable think tank, found health care premiums will rise to an average of $5,312 under Obamacare in 2016. Without the law, premiums would reach an average of $3,973 that year. But when Obamacare’s tax credits are plugged in, the average Ohioan will only pay a premium of $3,131 — $842 less than he or she would pay without the law.
Avik Roy, a conservative health care economist and prominent critic of Obamacare, found even better results for Ohio. His model found premiums will drop by 30 percent in Ohio, although they’ll rise by 24 percent on average for 13 states, including Ohio, and the District of Columbia as a whole. Unlike RAND, Roy’s calculations don’t take subsidies into account, so the final cost for the average Ohioan is likely much lower.
The numbers only apply to Ohioans in the individual health insurance market. Under Obamacare, individuals will be able to enroll for health insurance through an online marketplace. The majority of Americans who get health insurance through their employers or public programs fall under different rules and regulations.
It’s unclear how much Republican opposition will ultimately play into the numbers. But for Cincinnati Children’s Hospital, it means $124,419 less to help its neediest, less knowledgeable patients.