by German Lopez
Posted In: News
at 04:06 PM | Permalink
Delay raises questions about local control
It’s been three days since City Manager Milton Dohoney
signed an agreement to lease Cincinnati’s parking meters, lots and
garages to the Greater Cincinnati Port Authority, and the Port Authority
still hasn’t signed the agreement.Port Authority spokesperson Gail Paul told CityBeat she had no definitive information on when or whether the Port Authority will sign the lease, but she said she would contact CityBeat when she learned more.
The lease would produce a $92 million lump
sum for the city, followed by at least $3 million in annual payments, according to
city estimates. But it would hand over
majority control of Cincinnati’s parking assets to the Port Authority, which will operate
and upgrade the meters, lots and garages through four private companies from around the nation.
The Cincinnati Enquirer reported
the Port Authority has yet to sign the lease because it first wants a
financial guarantee that the city will not threaten to cut future
funding. In May, City Council considered pulling $100,000 out of
$700,000 in annual funding from the Port Authority as part of a broader
cut to outside agencies. The threat apparently made Port Authority
officials concerned about future funding.
The city originally claimed the parking plan will keep
local control of the city’s parking assets through the Port Authority.
But the delay has raised doubts about local control, given that the Port
Authority is going against the will and assumptions of the city
When asked whether the delay on signing the lease raises
question about local control, Paul
responded, “That’s an interesting take on it.” She says the Port
Authority isn’t refusing to sign the lease, but the agency’s board is
getting “reacquainted” with the plan and has a few lingering questions.
Paul added the Port Authority understands there’s a lot of
public interest in the plan. She said the organization is paying
attention to feedback and criticisms.
City spokesperson Meg Olberding said
she’s confident the Port Authority will sign the lease. Olberding responded to questions about local control by pointing out
the Port Authority “has been at the table since the beginning.” She added, “The local control is not only through
the Port, but also through the advisory board. The board members are
citizens as well. So that local control will still be there.”
The advisory board will be made up of five members: four appointed by the Port Authority and one appointed by the city
The board would be able to make changes to various aspects
of the parking plan, including parking meter rates. Under the original
agreement, rates downtown will go up by 25 cents every three years, and
rates in neighborhoods will go up by 25 cents every six years. The
advisory board will be able to approve a hike or reduction in those
rates, but those changes would also require approval from the city
manager and Port Authority’s board.
by German Lopez
Court refuses delay on parking, interchange needs city support, final budget mixes tax cuts
The Hamilton County Court of Appeals refused to delay enforcement
of its earlier ruling on the city’s plan to lease its parking meters,
lots and garages to the Greater Cincinnati Port Authority, which will
allow the city administration to sign the lease as soon as a lower court
rescinds its original injunction on the plan. Six out of nine City
Council members say they want to repeal or rework the deal, but City
Solicitor John Curp says Mayor Mark Mallory, who supports the plan, has
the power to hold any repeal attempts until Nov. 30, which means he can
effectively stop any repeal attempts until the end of his final term as
City Manager Milton Dohoney told City Council yesterday that the state government will not pay for the I-71/MLK Interchange
if the city doesn’t pick up some of the cost. Dohoney made the
statement when explaining how he would use the $92 million upfront money
from the parking plan. The interchange project has long been sought out by city and state officials to create jobs and better connect uptown businesses to the rest of the area and state.
State officials told The Cincinnati Enquirer the final budget plan may include downsized versions of the tax cut plans
in the Ohio House and Senate budget bills. The House bill
included a 7-percent across-the-board income tax cut, while the Senate bill included a 50-percent income tax deduction for business
owners worth up to $375,000 worth of income. Democrats have criticized the
across-the-board income tax cut for cutting taxes for the wealthy and the
business tax cut for giving a tax cut to passive
investors, single-person firms and partnerships that are unlikely to add
jobs. Republicans claim both tax cuts will spur the economy and create jobs.
Ohio ranked No. 46 out of the 50 states for job creation
in the past year, according to an infographic from Pew Charitable
Trusts. Both Ohio and Alaska increased their employment levels by 0.1
percent. The three states below Ohio and Alaska — Wisconsin, Maine and
Wyoming — had a drop in employment ranging from 0.2 percent to 0.5
Ohio Secretary of State Jon Husted announced 8,229 new entities filed to do business in Ohio in May, up from 7,687 the year before.StateImpact Ohio has an ongoing series about “value-added,” a state-sanctioned method of measuring teacher performance, here. The investigation has already raised questions
about whether value-added is the “great equalizer” it was originally
made out to be — or whether it largely benefits affluent school
districts.The Ohio Environmental Protection Agency awarded $5,690 to the Cincinnati Nature Center
for its teacher training program Nature in the Classroom. The grant
will help continue the program’s goals of training first through
eighth grade teachers about local natural history, how to implement a
science-based nature curriculum and how to engage students in exploring
and investigating nature.
Controversial Cincinnati attorney Stan Chesley yesterday was suspended from arguing before the U.S. Supreme Court.
Kings Island and Cedar Point were among the top 15 most visited amusement parks in the nation in 2012 — after the obvious hotspots in California and Florida.
Meet NASA’s astronaut class of 2013.
Google is launching balloon-based Internet in New Zealand.
Got questions for CityBeat about anything related to Cincinnati? Submit your questions here and we’ll try to get back to you in our first Answers Issue.
CityBeat is looking to talk to convicted drug offenders
from Ohio for an upcoming cover story. If you’d like to participate or
know anyone willing to participate, email firstname.lastname@example.org.
0 Comments · Wednesday, June 19, 2013
The city signed an agreement on June 18
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.
by German Lopez
Mayor, City Council could make changes
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
by German Lopez
City now waits on lower court to sign lease
The Hamilton County Court of Appeals today refused to delay enforcement of its earlier ruling on the city’s plan to lease its parking meters, lots and garages to the Greater Cincinnati Port Authority, which will allow the city administration to sign the lease as soon as a lower court rescinds its original injunction on the plan.
On June 12, the court reversed a lower court’s ruling and sided with the city over critics of
the parking plan, deciding that the city can use emergency clauses to avert referendum
efforts on passed legislation, including the parking plan. Emergency clauses also allow the city to
avoid a 30-day waiting period on implementing laws.
For Cincinnati, the plan will first produce a $92 million one-time payment.
Following that, the city will get an estimated $3 million a year, which
the city says will eventually increase to $7 million and continue
Still, the city says it won’t spend any funds
until there is legal certainty, meaning until potential appeals are
“The City cannot commit the money in the parking plan
until there is legal certainty around the funds,” City Manager Milton
Dohoney said in a statement on June 12. “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.”
Opponents are planning to appeal the ruling to the Ohio Supreme Court.
Opponents gathered more than 12,000 signatures supporting a
referendum on the parking plan. But with the appeals court ruling, that
referendum may never come to pass.
The city says the parking plan’s funds will be used to accelerate economic growth, but critics argue the parking
plan will hurt downtown businesses by expanding parking meter hours and
increasing meter rates.
City Council began discussing potential changes to the parking plan in a Budget and Finance Committee meeting today. The meeting largely focused on whether City Council could repeal or rework the parking plan with a simple majority or supermajority.Following the June 12 ruling, five out of nine council
members signed a motion to repeal the parking plan. But City Council would
need to pass an ordinance for any changes to be legally binding.
An ordinance would likely need six votes to overrule the mayor’s veto powers. City Solicitor John Curp told City Council the mayor also has the power through the City Charter to hold any proposed ordinances until the end of his term on Nov. 30, which means the mayor can effectively stop all repeal attempts.Mayor Mark Mallory supports the parking plan. Jason Barron, his spokesperson, previously told CityBeat Mallory would reject a repeal.
by German Lopez
City plans to move forward as some council members suggest a repeal
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
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
“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
“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
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.
by German Lopez
Food deserts plague city, court reverses parking ruling, downtown grocery store coming
Got questions for CityBeat about, well, anything? Submit them here, and we’ll try to get back to you in our first Answers Issue.For many neighborhoods, the lack of access to fresh,
healthy fruits, vegetables and foods is a big problem, but Councilwoman
Laure Quinlivan is helping address the problem,
at least in the short term, through mobile produce zones that will be
placed in eight neighborhoods generally considered “food deserts.”
Quinlivan acknowledges the solution is a stopgap, but Michael Widener,
assistant professor in University of Cincinnati’s Geography Department,
says it’s a start that could help many local residents as a better solution is worked on.
In a 2-1 ruling yesterday, the Hamilton County Court of
Appeals reversed a lower court’s decision and said the city’s plan to
semi-privatize its parking assets is not subject to a referendum and may move forward.
Parking opponents are appealing the decision and pushing for a stay.
For the city, the parking plan will potentially unlock millions of
dollars over 30 years, including a $92 million upfront payment. But
opponents argue the terms of the deal, which include increased parking
meter rates and operation hours, will hurt downtown business. The ruling
also returned the city’s emergency clause powers, which the city
says allow it to bypass a 30-day waiting period on implementing laws and
make laws insusceptible to referendum.
City Council unanimously approved
a development deal for Fourth and Race streets downtown to build a
grocery store, luxury apartment tower and garage to replace Pogue’s
Garage. With council approval, construction could begin late this year,
with developers hoping to finish in 2015. The deal will be headed by
Indianapolis-based development company Flaherty and Collins. The city’s
share of the $80 million deal will be $12 million, paid for with a
five-year forgivable loan financed by urban renewal funds, which are
generated through downtown taxes and can only be used for downtown
Commentary: “‘Jobs’ Budget Attacks Women’s Health Options”
The first mayoral candidate forum is tonight at the Cincinnati Children’s Hospital MERC Auditorium at 620 Oak Street from 6 p.m. to 8 p.m. Candidates Roxanne Qualls, John Cranley, Jim Berns and Stacy Smith are scheduled to participate.After nearly six years of no pay increases for non-union workers, Hamilton County commissioners approved raises for some county employees yesterday. The raises will be merit-based, but they will not exceed 3 percent of what the county pays in wages each year.
Few owners actually register their exotic animals.
The state began requiring exotic animal registration after a man in
Zanesville, Ohio, released 56 exotic animals and committed suicide.
Pending approval from the board of trustees, the University of Cincinnati is hiring Beverly Davenport Sypher as senior vice president for academic affairs. Previously, Davenport Sypher was the vice provost for faculty affairs at Purdue University.
An ongoing study found women who are denied abortions have poorer health and are more likely to live in poverty two years on.
In Japan, cyclists can now store their bikes in underground robot caverns.Updated at 11:10 a.m.: Added information about first mayoral candidate forum.
by German Lopez
Court OKs parking plan, council to vote on grocery, Kasich unclear on abortion restrictions
Got questions for CityBeat about, well, anything? Submit them here, and we’ll try to get back to you in our first Answers Issue.In a 2-1 ruling announced today, the Hamilton County Court
of Appeals reversed an injunction holding up the city’s plan to
semi-privatize its parking assets, allowing the city to move on with the
plan and continue the use of emergency clauses. The plan, which CityBeat covered in further detail here,
will raise $92 million in upfront money and at least $3 million in
annual increments for the city, which the city planned to use to help
balance the city budget and pursue a slate of development projects,
including a downtown grocery store. But critics argue the plan will lead
to a spike in parking rates and goes too far in expanding operating hours
for parking meters, which they say could hurt downtown business. CityBeat will have more on this story later today.
City Council will vote today on whether it will move on
with using $12 million in urban renewal funds to build a downtown
grocery store, luxury apartment tower and parking garage to replace
Pogue’s Garage. The Budget and Finance Committee already approved the project
in a 7-0 vote Monday. If the full session of City Council approves the
project, construction could begin late this year or early 2014, which
means likely completion in 2015 or 2016.
Gov. John Kasich was unclear on whether he’ll support anti-abortion measures
passed by the Ohio House and Senate in their budget bills. The governor
reiterated that he’s “pro-life,” but he said he’s not sure if the
measures go too far. The budget bills would effectively defund Planned
Parenthood, use federal funds for pro-abstinence, anti-abortion crisis
pregnancy centers and allow the state health director to shut down
abortion clinics by making it more difficult for them to get required
transfer agreements with hospitals.
Cincinnati Children’s Hospital ranked No. 3 in a new U.S. News and World Report for pediatric hospitals. The hospital also ranked No. 1 for pediatric cancer care.
The Catholic Archdiocese of Columbus won’t reinstate a fired gay teacher. But while Catholic institutions continue pursuing conservative social policies, some groups are pushing for the Church to reform.
New research found hands-free technology doesn’t make driving safer.
A study from Duke University found video gamers really do see more and better.
by German Lopez
Plan includes luxury apartment tower, garage
City Council unanimously approved a development deal today to
build a grocery store, luxury apartment tower and garage at Fourth and
Race streets downtown. With council approval, construction could begin later this year, with developers hoping to finish the project in 2015.
The $80 million deal with Indianapolis-based development company
Flaherty and Collins was approved following City Manager Milton Dohoney’s
urging earlier today.
“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,” Dohoney said in a
The city’s share of the project will cost $12 million. As part of the deal, the city will provide the money through a five-year forgivable loan financed by urban renewal funds, which are
generated through downtown taxes and can only be used for capital
projects downtown. The funds can’t be used for operating
budget expenses such as police and fire.
For more information on the project, read CityBeat’s original story on the Budget and Finance Committee hearing here.
0 Comments · Wednesday, June 12, 2013
City Council’s Budget and Finance
Committee on June 10 approved development plans for Fourth and Race
streets to build a downtown grocery store, a luxury apartment tower and a
parking garage to replace Pogue’s Garage.