WHAT SHOULD I BE DOING INSTEAD OF THIS?
 
 
by German Lopez 09.04.2013
Posted In: News, Courts, Parking at 10:53 AM | Permalink | Comments (0)
 
 
coast_online

Ohio Supreme Court Rejects Parking Lease Challenge

Decision also keeps city’s emergency powers intact

The Ohio Supreme Court today rejected an appeal for a legal challenge that threatened Cincinnati’s parking plan and the city’s emergency powers. The lawsuit, which was backed by the conservative Coalition Opposed to Additional Spending and Taxes (COAST), claimed the city could not bypass a referendum on its plans to lease its parking meters, lots and garages to the Greater Cincinnati Port Authority by invoking an emergency clause. City Council regularly uses emergency clauses on passed legislation to bypass a 30-day waiting period for implementing laws. The clauses also make legislation immune to a referendum. COAST, which opposes the city’s parking lease, argued the City Charter doesn’t clearly define emergency clauses to deny a referendum. Hamilton County Judge Robert Winkler sided with COAST in the first round, but the ruling was appealed and the Hamilton County Court of Appeals ultimately ruled in favor of the city. With the Supreme Court’s refusal to hear an appeal, the appeal court’s ruling stands. City Solicitor John Curp applauded the decision in an email to various media outlets. “I believe that politics belong in the legislative branch of government and not in our courts. This decision reaffirms that politics should stay on the Council floor and short-term political interests not be dragged through the judiciary where the consequences can have a long-standing impact on the public safety and economic interests of the City,” Curp wrote. “Consistency in interpreting long-standing legal rules is important in promoting a vibrant business climate in the City. The Courts have reaffirmed that the City of Cincinnati is free to operate at the speed of business.” COAST is now trying another legal challenge against the city’s parking lease. This time, the conservative group is claiming that the city manager made “significant and material” changes to the lease without City Council approval. Curp declined to take up the second legal challenge after concluding that the changes made to the lease were ministerial and a result of delays caused by COAST’s first legal challenge. But by having its proposed challenge denied, COAST gained the legal rights to sue the city over the issue. Supporters of the parking lease argue the plan is necessary to leverage the city’s parking meters, lots and garages to finance development projects that will grow the city’s tax base. Opponents claim the lease gives up too much control over the city’s parking assets and will hurt businesses by causing parking rates and enforcement hours to rise. CityBeat covered the controversy surrounding the parking lease in further detail here.
 
 
by German Lopez 09.04.2013
Posted In: News, Pensions, Homelessness, Parking at 08:48 AM | Permalink | Comments (0)
 
 
tea party pensions

Morning News and Stuff

Council allows pension amendment, parking lease in court again, county to evict squatters

Despite unanimous opposition, City Council yesterday fulfilled duties dictated by the City Charter and reluctantly voted to allow the controversial pension amendment on the November ballot. The amendment would privatize Cincinnati’s pension system so future city employees — excluding police and fire personnel, who are under a separate system — contribute to and manage individual 401k-style accounts. Currently, the city pools pension contributions and manages the investments through an independent board. City officials, including all council members, oppose the amendment because they say it will cost the city more and hurt benefits for city employees. Supporters of the amendment, who are backed by out-of-state tea party groups, claim it’s necessary to address Cincinnati’s rising pension costs. CityBeat covered the issue in greater detail here. The conservative Coalition Opposed to Additional Spending and Taxes (COAST) is once again taking the parking lease to court. The legal pursuit comes after City Solicitor John Curp denied COAST’s challenge. COAST claims that the city manager made “significant and material” changes to the parking lease, but Curp said the changes were ministerial and only made as a result of delays caused by COAST’s first legal challenge against the parking lease. If the latest legal tactic is successful, City Council could be forced to vote on the changes made to the parking lease, which could endanger the entire lease because a majority of council members now say they oppose the plan. A hearing is scheduled for the challenge today at 11:30 a.m. Hamilton County is evicting homeless squatters from its courthouse, but it plans to carry out the evictions by connecting the homeless with existing services. “We don’t want to get mired down in too much political debate,” Hamilton County Sheriff’s Major Charmaine McGuffey told The Cincinnati Enquirer. “It’s a public health hazard.” About 750 people in Hamilton County are homeless throughout any typical night; of those, 700 spend the night in shelters and the rest, who are mostly downtown, sleep outside. Vice Mayor Roxanne Qualls, who’s running for mayor against ex-Councilman John Cranley, yesterday unveiled two TV advertisements: “Neighborhoods” and “Wheelbarrow.” The first ad touts Qualls’ supports for neighborhood investments. The second ad is particularly aggressive and claims Cranley was forced to resign from City Council because of ethics issues regarding his personal investments. The number of Ohioans on welfare dropped over the past few years as Gov. John Kasich’s administration enforced federal work requirements. Ben Johnson, spokesperson for the Ohio Department of Job and Family Services, says the efforts have brought the state’s welfare program into federal compliance. Ariel Castro, the man convicted for the decade-long kidnapping, beating and raping of three Cleveland women he held captive, was found hanging in his prison cell on Tuesday after an apparent suicide. Attorney General Mike DeWine yesterday released an update on the state’s sexual assault kit testing initiative: So far, the attorney general’s Bureau of Criminal Investigation has received 3,530 previously untested rape kits from 105 law enforcement agencies in Ohio. The agency has tested 1,488 kits, leading to to 460 hits in the Combined DNA Index System. Internet cafe owners submitted petitions yesterday to put a law that effectively banned their businesses on the ballot. State officials claim the cafes were hubs for criminal and illegal gambling activity, but cafe owners say the ban is unfair. This frog listens with its mouth.
 
 

City Denies COAST’s Parking Lease Challenge

0 Comments · Wednesday, August 21, 2013
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.   
by German Lopez 08.19.2013
Posted In: News, Parking at 08:17 PM | Permalink | Comments (0)
 
 
coast_online

City Denies COAST's Parking Lease Challenge

City solicitor says conservative group's previous lawsuit forced changes

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 services.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.
 
 
by German Lopez 08.20.2013
Posted In: News, Parking, Government, Governor at 09:36 AM | Permalink | Comments (0)
 
 
city hall

Morning News and Stuff

City refuses parking lease challenge, Qualls calls for transparency, Kasich losing in new poll

City Solicitor John Curp 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. Curp wrote in a letter that the two changes disputed by the Coalition Opposed to Additional Spending and Taxes (COAST) were within the lease’s terms and only made because COAST’s previous lawsuit forced the city to delay leasing its parking meters, lots and garages to the Greater Cincinnati Port Authority. If COAST hadn’t pursued the lawsuit, the city would have been able to continue with the original timetable for the parking lease. Vice Mayor Roxanne Qualls yesterday unveiled a motion calling for the first expansion of local disclosure and reporting requirements since 1997 that would impose new rules on city officials, lobbyists and contractors and require the city administration to post the disclosed information on the city’s website. Qualls said in a statement that the update is particularly timely because the Metropolitan Sewer District is taking on a federally mandated $3.2 billion, 15-year reworking of the city’s sewers, which will presumably involve many lobbyists trying to get lucrative contracts for businesses they represent. New poll results from Public Policy Polling (PPP) show Democratic gubernatorial candidate Ed FitzGerald beating Gov. John Kasich 38-35 percent in the 2014 election. Kasich’s approval rating now stands at 42-47 percent, down 10 points from November. Most respondents still seem unaware of FitzGerald, with 62 percent saying they aren’t sure if they have a favorable or unfavorable view of him. PPP is affiliated with Democrats, but the polling firm performed well in the 2012 presidential race and, if anything, favored Republicans with its results. Hop On Cincinnati is asking the Hamilton County Transportation Improvement District to support a trackless trolley that the group says could live alongside the Cincinnati streetcar. The trolley, estimated to cost $10 million to $15 million, would be similar to the system in Northern Kentucky, and each route would run past major garages to allow people to park before getting on board. If the Hamilton County Transportation Improvement District gives the project approval, it could get federal funding. Investors are upset with SoMoLend, the crowdfunding incubator that has been targeted by a state investigation with accusations of fraud. Critics of the company say that the allegations could hurt future crowdfunding pursuits and harm the state. Shortly after the charges came to light, the city of Cincinnati announced it would cut ties with SoMoLend, which partnered with the city to connect small businesses and startups with up to $400,000 in loans. Ohio is the seventh worst state for debt, according to a recent study from NerdWallet.com. The number of low-income Ohio children in Head Start, the early education program, will drop by more than 1,800 following automatic spending cuts at the federal level. CityBeat previously covered the cuts here. Ohio’s top waterways watchdog is stepping down from the Ohio Environmental Protection Agency after his boss and Kasich asked him to step down. Kasich was apparently angered by an email in which George Elmaraghy, chief of the Ohio EPA’s division of surface water, told his staff that the coal industry wants permits that would damage the state’s streams and wetlands and break state and federal laws. Various state officials are criticizing a “stand your ground” bill currently sitting in the Ohio legislature. The self-defense law has been scrutinized because of George Zimmerman, a Florida resident who was acquitted of murder in the shooting of unarmed black 17-year-old Trayvon Martin. Many people blame Florida’s “stand your ground” law, which expands self-defense rights, for Martin’s death. Zimmerman’s legal defense team didn’t invoke the law, but the judge involved in the case mentioned it in her jury instructions. Ohio Attorney General Mike DeWine says some school safety plans would be “useless” during a real shooting because they’re too long and complicated. Ohio is releasing school report cards this week, but the standards may be biased against income and racial diversity. Cincinnati-based Macy’s stocks plunged last week, alongside other Cincinnati stocks and the rest of the market. Renowned “Star Trek” actor George Takei will lead Cincinnati in the Chicken Dance at Oktoberfest this year. Ancient Egyptian jewelry was made from meteorites.
 
 

Parking Lease Facing Another Legal Challenge

0 Comments · Wednesday, July 24, 2013
A conservative organization is threatening more legal action to stop the city’s plans to lease its parking meters, lots and garages to the Greater Cincinnati Port Authority.   
by German Lopez 07.17.2013
Posted In: News, Parking, Courts at 08:58 PM | Permalink | Comments (0)
 
 
coast_online

Parking Lease Facing Another Legal Challenge

Conservative group claims city manager exceeded authority with changes

In a letter to the city solicitor, a conservative organization is threatening more legal action to stop the city’s plans to lease its parking meters, lots and garages to the Greater Cincinnati Port Authority.The Coalition Opposed to Additional Spending and Taxes (COAST) claims the city manager made “significant and material” changes to the lease agreement after City Council approved the deal in March. That, the letter states, exceeds the city manager’s authority.The two changes in question: First, the city changed the original June 30 deadline for issuing bonds that will finance the deal to a less specific 90-day period that will kick in once the agreement is in full effect. Second, the city added sections that allow the Port to review and potentially terminate the lease within 75 days.The changes were made after another legal challenge delayed the lease’s implementation.The letter asks City Solicitor John Curp to review the allegations and sue the city. If he doesn’t, COAST would gain the legal standing necessary under Ohio law to sue the city by itself.“The law requires that before a lawyer can sue the city and ask taxpayers to pay his fees he must send a letter of this type,” Curp explained in an email.Curp also wrote that the city will review the allegations and respond within a month.“Today’s letter is an attempt to comply with part of the legal process that would allow the authors to claim attorneys fees from taxpayers,” he wrote. “The Law Department will review the issues raised, attempt to engage the authors constructively and respond appropriately. The policy of the Law Department is to defend aggressively against claims from lawyers that seek taxpayers dollars to fund their litigation against the City of Cincinnati.”COAST is pursuing the legal challenge as a longtime critic of the parking lease. The organization supported the previous lawsuit against the lease, which an appeals court struck down. The letter comes in the middle of another controversy over a June 20 memo that the city administration kept from the public, Port Authority and City Council for three-plus weeks, until council members and media outlets enquired about it. The memo suggested the city is getting a bad deal from the lease agreement. Port and city officials argue the memo made technical errors and used outdated information.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.Supporters of the parking lease argue it’s needed to raise funds for development projects and modernize the city’s parking services. Opponents say the lease gives up too much control over the city’s parking meters, lots and garages and will hurt businesses downtown by causing meter rates and operation hours to go up.
 
 

Streetcar’s No. 1 Problem: Obstructionism

5 Comments · Wednesday, April 24, 2013
Step one: Create problems for Cincinnati’s streetcar project. Step two: Blame the problems on the streetcar project. Step three: Political profit.  

Parking Plan Remains in Limbo

0 Comments · Wednesday, March 13, 2013
The plan to lease Cincinnati’s parking assets remains up in the air after court rulings last week 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.   
by German Lopez 03.08.2013
Posted In: News, Privatization, Parking, City Council, Budget at 03:04 PM | Permalink | Comments (1)
 
 
downtown grocery

Parking Plan Remains in Limbo

Case moved back to common pleas court, hearing set for March 15

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.
 
 

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