RULING ON CITYLINK IS ABSURDLY WRONG

A letter to the editor in Sunday's Enquirer:

RULING ON CITYLINK IS ABSURDLY WRONG

Hamilton County Judge Ralph E. Winkler's absurd interpretation of semantics overturned two lower court decisions in the CityLink case ("Judge OKs controversial social services mall," Nov. 23). He declared that CityLink, a faith-based, non-profit, social services mall, is not a community services facility but is a business/commercial enterprise.

I ask anyone reading this who knows anything about CityLink: Does CityLink propose to provide services to addicts, ex-cons and homeless people in the Cincinnati community by offering housing, food, clothing, grooming services and job training, or is it a business akin to Kroger, P&G or Gold's Gym? Where is John Stossel and his 20/20 news segment "Give me a break" when you need him?

Dr. Lorie Walter Over-the-Rhine

I would have to agree with Dr. Walter.

This comes from the original Enquirer Article on Winkler's decision:

Judge Ralph E. Winkler’s decision Wednesday said Citylink is not a “community service facility” that would be barred from a manufacturing district under the city’s zoning code.

Citylink is a consortium of churches and social service agencies that plans to create a one-stop center for job training, drug treatment, health care and other charities at a $1.4 million Bank Street site.

Because Citylink seeks to provide job training to people throughout the region – and not just residents of the West End – it is “best described as a business or commercial enterprise” rather than a social service center, Winkler’s decision said. “

Winkler's logic is indeed stunning. And his ruling (if let stand) could have some serious implications for the future of the City of Cincinnati's zoning code. If CityLink is best described as a business or commercial enterprise, facilities like this could potentially go anywhere other businesses and commercial enterprises exist. The City of Cincinnati needs to appeal this ruling to defend their right to enact and enforce future zoning law.

If CityLink isn't a community service facility (as prohibited in the zoning code) one has to wonder what constitutes such a facility.

The ruling also highlights CityLink's duplicitous nature in the whole affair. They consistently denied that the CityLink Center would be a magnet for drug addicts, pre and post release felons and the mentally ill. In court they argued that CityLink could not be defined as a community service facility because they weren't just serving the surrounding communities. CityLink claimed they would be drawing people from "throughout the region". Crossroads Community Church is planning a Wal-Mart sized Homeless Mall on a five acre site across the street from schools and playgrounds, and they admit in court that they plan to draw people from across the region to concentrate them there. That wasn't the message they were pimping to the community. At least they have been consistent in being consistently deceitful.

CityLink Wins Appeal

Porkopolis is blogging about it. CityLink won their appeal today in front of Judge Winkler. What a sad decision for the City. The decision will be appealed.

At this point I am at a loss because I can't comprehend the logic behind the judges ruling. Why even have zoning laws? Do zoning laws only apply to those without money, power and connections? If CityLink isn't a prohibited "Community Service Facility", than that word has no use or real definition in the zoning code.

If you have enough money, power and connections I guess anything can go through. It is no wonder why people leave this city.

Happy Thanksgiving.

Angry Mayor Mallory Losing Power

Rules change enrages Mallory
THE ENQUIRER

Cincinnati City Council adopted a resolution Wednesday, 7-2, that changes council rules to bring to the full council items that have been recommended by subcommittees - a move that takes some power away from Mayor Mark Mallory.

Previously, Mallory could effectively prevent a legislative item from being considered by simply not placing it on the council agenda.

Now, after Council Member Jeff Berding presented and pushed for passage of the item, if a council committee recommends an issue for approval, it automatically goes to the Clerk of Council for consideration by all nine council members.

Mallory said he was outraged it was brought before council for consideration before being discussed with him.

Kudos to Jeff Berding and Council for taking the pocket veto dictatorship away from Mayor Mallory.

The Porkopolis Blog has more detail here:

Council Takes Veto Out of Mayor’s Pocket

The policy, sponsored by members Jeff Berding and Leslie Ghiz, was proposed in early October after Mallory had refused to schedule a vote on a proposal that would require the cost for the mayor’s bodyguard be borne by his office budget instead of the police budget.

Some council members were concerned about the amount of overtime incurred by police Spc. Scotty Johnson, Mallory’s bodyguard. Some council members question why paying any overtime is necessary, instead preferring that other officers be rotated into the bodyguard’s slot once Johnson reaches 40 hours of duty in a week. Mallory specifically requested Johnson, a longtime friend, as his bodyguard in April after activist Kabaka Oba was shot outside City Hall.

Overtime costs are included in salary calculations to establish a pension amount once a police officer retires; the more overtime accrued, the higher the monthly pension payment.

Check it out. As discussed before, the excessive overtime for Scotty Johnson could increase his pension benefits dramatically. It will be interesting to see what happens to the lucrative contract with the Mayors bodyguard.

Scotty Johnson is President of the Sentinel Police organization, and he also happens to have his own radio show on the buzz. Mallory isn't stupid. Scotty J is not a bad guy to have on your side, and Mayor Mallory is greasing the wheels to make sure he is well compensated.

To date, no record of any threat to the Mayor has been documented. Our Mayor doesn't really have a bodyguard as much as he has a personal driver. And given the overtime and increased pension costs that personal driver has become a very expensive luxury.

But the bodyguard dilemma isn't all about budgets, overtime, or bloated pension costs. What is the opportunity cost when we take a 20 year veteran off the streets? Scotty holds the rank of Police Specialist, not driver. Scotty should be back working with the SWAT team and investigating robbery.

What is the cost to the victims having Scotty on the sidelines? Those costs may be impossible to calculate, but they exist.

Dale Mallory annointed to the Family Seat

As expected, Dale Mallory was elected to the Ohio Statehouse. Nationwide the country experienced a historic election in which the Democratic Party has taken back both the House and probably the Senate. Nationwide this is a good thing. We have had enough of one party government. For the 32nd, this could be a disaster waiting to happen. Dale Mallory will be the first person sticking his hand out in Columbus.

Voter issues tended to be national issues and not local ones. Dale Mallory has ridden a wave of both his family name and voter discontent and that wave is taking him to Columbus. Even under felony investigation, Dale Mallory never had to campaign, submit to interviews or even do much of anything to get elected. We here at the IMB don't think he will do much of anything but steal in Columbus, and we are dedicated to watching him closely.

Kimberly Hale never had chance. No Republican is going to win the 32nd. The district is gerrymandered and drawn for a specific outcome, and that outcome is always going to be a Democrat. The chance to really defeat Dale Mallory was with Eve Bolton or another Democrat. No Republican was going to win the 32nd.

If Dale is ever to become unseated, it is going to have to happen in the Democratic primary races. Now that Dale has been elected, he enjoys the advantage of being an incumbent along with the powerful family name. To unseat a Mallory would be legendary in the 32nd, because it has never happened in four decades. This is the Mallory Family seat. Realistically, Dale Mallory is going to be in the Ohio Statehouse for eight years until he is term limited out.

That doesn't mean that their isn’t a bright side to this result. Consider that the unemployment figures will be favorable. Dale just got his first long term employment in the last decade. For a guy that couldn't hold down employment, that is a bonus. Maybe now Dale can become a taxpayer. He could start by paying down his outstanding property taxes and paying off his court ordered debts.

And think of the great things this means for the West End Community Council. Now that Dale Mallory is State Rep, he no longer will keep claiming that he is the West End Community Council President. We impeached him nine months ago, but we will finally get rid of him when he goes to Columbus. We can finally take our community back. Our loss is now a gift to the entire 32nd district. Enjoy him, we don't want him back.

Another positive outcome is the last exodus of the Mallory clan from the West End. Dale gets to go to Columbus, and he was the last Mallory left standing. William Sr. and Fannie long ago moved to Mr. Airy, where they live with their unmarried son Mark. Dale doesn't own his own home, and he only moved back into the West End after a WECC member protested in 2001 that he didn't even live in the West End.

Also standing to gain are the debt collectors that showed in court that Dale Mallory owes 37,000 in unpaid back debt. Now that Dale has a job they can start to garnish his wages. For the next eight years they can expect to be on schedule. Good for them, but I fear that the people of Ohio's 32nd will pay far more.


We will continue to watch Dale Mallory in Columbus. We will continue to watch the expenditures of the Cincinnati Empowerment Corporation. And we will continue to fight the CityLink Center Homeless Maul on every front. The results today were completely expected. Today was not a defeat, but a call to action and vigilance against Mallory corruption.

IMPEACH MALLORY BLOG ENDORSES KIMBERLY HALE

After several hard fought seconds of deliberation, the editorial board of the Impeach Mallory Blog has decided to endorse Kimberly Hale for the Statehouse in the Ohio 32nd.

It was not a tough choice given her opponent. Let’s first take a look at Dale Mallory.

In February of this year, Dale Mallory was impeached and removed from office from the West End Community Council. Dale Mallory conspired to deny his community a vote of opposition on the CityLink Center project. Later investigations by the Cincinnati Enquirer and the Cincinnati Business Courier revealed that Dale Mallory was a paid advocate on behalf of CityLink, and that he had sold out his community. The CityLink case is still in court, and Dale Mallory is currently under criminal investigation.

This is a list organizations opposed to CityLink:

1) West End Churches and Ministers
2) Cincinnati City Council
3) Sheriff Simon Leis
4) Over The Rhine Chamber of Commerce
5) OTR Brewery District
6) Clifton Heights Business Association
7) Brighton Business Owners Association
8) West End Community Council
9) Pendleton Neighborhood Association
10) Westwood Concern
11) Dayton Street Neighborhood Association
12) Klotter / Conroy Residents Association
13) CUF Neighborhood Association
14) Clifton Heights Improvement Association
15) West McMicken Improvement Association
16) Mulberry Hill Neighborhood Association
17) East Walnut Hills Assembly
18) Cincinnati Homeowners Association

The list of community organizations and neighborhood groups that support CityLink still stand at zero. Dale Mallory claimed neutrality, but he was later exposed for being a paid shill for the cause. Dale Mallory was paid to support CityLink, even while he was actively denying his community a vote on the matter.

Dale Mallory was the executive director of Genesis Redevelopment. The Genesis Redevelopment Scandal rocked the West End a few years ago. Genesis had a budget of nearly a million dollars, and they promised to develop over a hundred units of housing. Investigations found that Genesis built only one home, along with giving contracts and doing surface cosmetic enhancements to homes of families and friends of those involved.

As President of the West End Community Council, Dale Mallory appointed the City Hall Hitman / Functionally Illiterate dishwasher Howard Beatty to the Board of Directors of the Cincinnati Empowerment Corporation. Dale also had a hand in appointing George “Junebug” Beatty and Len Garrett to the Board of Directors. As chairman of the board, Len Garrett then gave Dale a “consulting” position reporting solely to him. The whole affair was exposed by the Cincinnati Enquirer, which raised both ethical and legal questions that Dale Mallory never answered. As soon as the news became public, the Cincinnati Empowerment Corporation fired Dale Mallory. That brought to an end his only constructive employment in the last decade.

After Dale Mallory was impeached and removed from office, he filed two lawsuits against over two dozen people. He sued his niehbors, West End Ministers, the Cincinnati Police and the Sheriff. One suit was thrown out of court, and the other was dropped before it followed the same fate.



Months after being impeached and removed from office, Dale Mallory cleaned out and closed down the West End Community Council bank account. He is currently under a felony investigation for that act.

During the current political campaign, Dale Mallory has refused all attempts to answer questions, conduct interviews, or have debates. He has run a silent political campaign. His sole strategy is to rely on the Mallory family name.


On the flip side we have Kimberly Hale, who is a breath of fresh air into the Cincinnati political scene. This is what the Cincinnati Enquirer had to say when endorsing Kimberly Hale:

There's a better alternative for voters in this district of central Cincinnati neighborhoods. Kim Hale, a West End neighbor of Mallory, decided to run after GOP candidate Mike Poast discovered he wasn't really a resident of district. She also was motivated by what she saw as Mallory's attempt to ram CityLink through without debate.

A progressive-minded community activist, she's not a typical Republican but is a very good fit for this district - bright, hard-working, good at networking and collaboration with various community groups.

She is president of the Dayton Street Neighborhood Association and member of the Cincinnati Human Services Advisory Committee. She would focus on attracting and encouraging small businesses, and she has specific ideas on combating crime and on increasing residency in the district. We endorse Kim Hale in the 32nd House District race.

It is about time the 32nd got proper representation. We need someone who cares about the people and the needs of our community. We need someone who can’t be bought off and sold to the highest bidder like Dale Mallory.


Kimberly Hale offers a fresh alternative to the corruption that is plauging the district. A vote for Hale is a vote for change in the way we do business. We here at the IMB both support and endorse Kimberly Hale.

Cincinnati Enquirer Endorses Kimberly Hale

Hale, Silver in Ohio House races

Call it A Tale of Two Districts: Cincinnati's 32nd Ohio House District long has been held by Democrats, while the 34th District is traditional Republican turf. This year, however, voters in both districts would do well to switch allegiances and elect the better candidates in these races.

32ND DISTRICT

Democrat Dale Mallory, brother of Cincinnati Mayor Mark Mallory and son of former House Majority Leader William Mallory Sr., is bidding for the seat his family held for 32 of the past 40 years. But he has run an under-the-radar campaign, virtually silent and invisible, relying on the esteem in which his family is held to get him elected.

Because of questions about his role in the CityLink social services proposal, he was impeached and removed as president of the West End Community Council. He faces various legal and ethical questions, and could have limited effectiveness as a lawmaker.

There's a better alternative for voters in this district of central Cincinnati neighborhoods. Kim Hale, a West End neighbor of Mallory, decided to run after GOP candidate Mike Poast discovered he wasn't really a resident of district. She also was motivated by what she saw as Mallory's attempt to ram CityLink through without debate.

A progressive-minded community activist, she's not a typical Republican but is a very good fit for this district - bright, hard-working, good at networking and collaboration with various community groups.

She is president of the Dayton Street Neighborhood Association and member of the Cincinnati Human Services Advisory Committee. She would focus on attracting and encouraging small businesses, and she has specific ideas on combating crime and on increasing residency in the district. We endorse Kim Hale in the 32nd House District race.

Here is what CityBeat said about the thought of Endorsing Dale Mallory:

As much as we'd like to see Democrats level the legislative playing field in Columbus, Dale Mallory is too tainted and too invisible to deserve this open seat.

Enquirer Endorsement: Link
CityBeat Link: Dale's Deals

I couldn't agree more.

Cincinnati Empowerment Corporation Sets To Spend $130 Million

From banker to rainmaker
New Empowerment Corp. exec ready to make things happen

Joyce Powdrill will trade banking for community building when she leaves Key Corp. on Oct. 30 to take the newly created position of vice president of economic development for the Cincinnati Empowerment Corp.

Her first task is no small one. Powdrill plans to roll out a $130 million bond fund to make capital investments in Cincinnati's poorest neighborhoods.

I know nothing of Joyce Powdrill. She sounds like a great person. And I like the thought of $130 million being invested in the urban core. The problem is that I do know something about the Cincinnati Empowerment Corporation.

The last fiscal audit showed that well over 60% of the funding went to administrative expenses. The Cincinnati Empowerment Corporation has spent millions with few tangible results. Giving them $130 million in bond money seems to be a recipe for disaster.

Is anyone here familiar with how these bonds work? Specifically, is somebody on the hook to pick up the tab if the projects fail to produce the revenue to satisfy the obligations of the Bonds? Is the City responsible, the County or the Feds? Is this taxpayer money, or will people lend money to the Cincinnati Empowerment Corporation because they feel it is a good investment. The Enquirer released a report that stated that 80% of their loan portfolio was non performing and behind payments?

Who is going to lend these people their own money? This is a disaster waiting to happen, and when it does I suspect Joe Taxpayer will be picking up the tab.