Wednesday, July 13, 2016

July 11, 2016 - North Canton City Council Meeting

North Canton Residents and Anyone Having Interests in the Business of North Canton City Government:


Pasted below is a link to a video of the North Canton City Council meeting held on Monday, July 11, 2016.




Description of Video: 
July 11, 2016, – North Canton City Council Meeting:  

The video covers a North Canton City Council meeting lasting approximately one hour and seven minutes.  

Soon after the video begins (2:10 minutes), Council members return to the chamber and President Peters makes a motion to come out of Executive Session that had started at 6:15 p.m.  

Executive Sessions of City Council are not open to the public and, thus, no video recording is available. 

After the vote to come out of Executive Session, Council President Peters makes a motion to adjourn the Special Council meeting. 

According to the agenda, the purpose of the Executive Session was to discuss the employment of a public employee and discuss a dispute involving the city that is the subject of imminent court action. 

Why the Council agenda for July 11, 2016, called for a Special City Council meeting for the sole purpose of conducting an Executive Session when an Executive Session could have been conducted at the regular City Council meeting that followed, shows there is NO understanding of North Canton’s City Charter or City ordinances with regard to Council’s meeting procedure by the Council Clerk, the City’s Law Director, or members of City Council. 

There was no reason for a Special Council meeting!
 
None whatsoever! 

That statement will become even more meaningful as one watches the video of the meeting. 

The Agenda for the July 11, 2016, Council meetings can be found using the following link:  


3:05 minutes into the video, Council President Peters calls the regular City Council meeting to order and asks Councilmember Mark Cerreta to give the Opening Prayer. This is followed by the Pledge of Allegiance.         

          4:00 minutes into the video, the Council Clerk is asked to call roll. All seven members of Council answer to roll call. Mayor Held was absent. 

4:15 minutes into the video, and before the Council meeting got
underway, President Peters announced that former North Canton Law Director Roy Batista had passed away over the weekend (on Saturday) and after offering his condolences asked for a moment of silence of all in attendance. 

6:10 minutes into the video, Council President Peters recognized retiring Finance Director Karen Alger with a plaque and wished her well in retirement. It was all  hugs and kisses from city officials to Mrs. Alger. The well wishes for Mrs. Alger continued until 12:25 minutes into the video. 

At this time, I pan to the lobby in the back of City Hall.  

    12:30 minutes into the video, Mr. Peters calls for Recognition of Visitors. This is also referred to as “Public Speaks.”  Generally, President Peters lays out strict rules to be followed during public speaks, but apparently he dispensed with his weekly recitation of rules for speakers before Council. 

There was but one speaker to address City Council:  

         12:40 minutes into the video, city resident M.J. Albacete addressed Council and reported his dismay and unhappiness that he had not received a reply back from city Council regarding his annual grant request for funds to finance art projects that he provides for local school-age children each school year.  

          Mr. Albacete states that he submitted the grant request to the city on December 18, 2015, and to date, had heard nothing from the city on his request. Mr. Albacete is concerned that the new school year is fast approaching and North Canton City Council has not responded to his request. 

          I might add that Mr. Albacete has received grant funds from the city, annually, for a number of years and that he has been able to teach geometric art creations to local school-age children with that funding. Typically the monies have come from recycling money refunded to the city from the Stark, Tuscarawas, and Wayne County Joint Solid Waste District. 

          While Mr. Albacete spoke, I panned back to the lobby behind the Council chamber. If you look closely, one can see a North Canton Police Officer standing by in the lobby closely watching the Council meeting. 

This is a relatively new occurrence. I can only presume this is courtesy of Council President Jeff Peters. 

In this frame of the video (looking back to the lobby) one can see the soon-to-be- appointed Finance Director, Laura Brown in the lower right corner of the frame.  

17:40 minutes into the video, the legislative portion of the Council meeting began. 

Under “Old Business,”the first agenda item was Ordinance No 42-2016. The ordinance was up for its 3rd and final reading. Council President Peters called for a motion and a second  to be read by title only for the third reading of Ordinance No. 42-2016. 

Councilmember Cerreta made the motion and Councilmember Foltz seconded it. All seven Council members voted to read the ordinance by title only. 

Council Clerk Bailey acknowledged the vote to read the legislation, remarking herself that this was the third reading of Ordinance No. 42-2016.  

After Councilmember Fonte explained the legislation, he made a motion that Council pass the legislation and Councilmember Kiesling seconded the motion. Council members, in traditional unanimous fashion, voted to pass the legislation. 

At 19:05 minutes into the meeting, Council President Peters called for a motion to “Suspend the Rules of Council” for three readings for Ordinance No. 42-2016. 

Member Griffith made the motion and Kiesling seconded it to suspend the rules requiring three readings.

WHY?

Why the motion and vote to suspend the rule requiring three readings of the legislation when this was the third reading of Ordinance No. 42-2016?
 
The requirement that legislation receive three readings is described in Section 2.05 of the North Canton City Charter. 

This Charter requirement, which is incorporated as a Rule of Council as well, had already been complied with. It was listed in the agenda for the third reading. Council President Peters and Council Clerk Bailey both repeated that as the legislation came up for a vote. 

Why didn’t Law Director Tim Fox speak up and advise Council that there was no reason to “Suspend the Rules” requiring three readings on this piece of legislation? 

Council President Peters repeated his mistake a second time asking for a “Suspension of the Rules” requiring three readings when Ordinance No. 46-2016 was brought up for a vote. Per the Council agenda for the meeting, Ordinance No. 46-2016 was listed for a third reading. 

24:04 minutes into the video, Council President Peters called for a motion and a second  to read, by title only, the third reading of Ordinance No. 46-2016. 

Councilmember Griffith made the motion and Councilmember Cerreta seconded it. All seven Council members voted to read the ordinance by title.

Council Clerk Bailey acknowledged the vote to read the legislation, remarking herself that this was the third reading of Ordinance No. 46-2016. 

After Councilmember Griffith explained the legislation, he made a motion that Council pass the legislation and Councilmember Cerreta seconded the motion. Council members, in traditional unanimous fashion, voted to pass the legislation. 

25:25 minutes into the video, Council President Peters calld for a motion to “Suspend the Rules of Council” for three readings for Ordinance No. 42-2016.  

Member Griffith made the motion and Cerreta seconded the motion to suspend the rules requiring three readings. 

Again, the question is WHY?  

Does anybody not realize that by virtue of the fact that the legislation is already receiving its third reading and that there is absolutely NO reason to invoke a “suspension of the rules” requiring three readings?

Obviously, no one at city Hall understands what they are doing! 

HOW SAD FOR THE CITIZENS OF NORTH CANTON! 

          26:10 minutes into the video, President Peters turned over the meeting to Council-member Griffith regarding the appointment of the city’s new Finance Director. 

          In his opening remarks, Mr. Griffith states that staff in the Finance Department are anxious for a new department head and he, Griffith, agreed that it was way past time for the appointment of a new Finance Director. 

          I would certainly agree. Former Finance Director Karen Alger announced her intention to step down on March 28, 2016. Mrs. Alger’s last day was the end of June, and Council was only now about 11 days later going to appoint a new Finance Director. 

          After what Mr. Griffith described as a very rigorous process, he recommended the appointment of Laura Brown as North Canton’s new Finance Director. 

          A question I have was this decision arrived at during the previous Executive Session? After all, that was one of the topics of the Executive Session held earlier. 

After a unanimous vote by Council (31:40 minutes into the video) to appoint Ms. Brown, she graciously responded from the audience to the vote of confidence by members of Council. 

Councilwoman Werren humorously asked, when is Ms. Brown starting?  

The question of when Ms. Brown will assume her Finance Director duties was not answered. 

32:45 minutes into the video, Council moved on to new business to discuss newly introduced legislation for a first reading.  

Five pieces of legislation came up for a vote, with three pieces passing on an emergency. 

Ordinance No. 47-2016 was the first piece of legislation that was discussed and it was given its first reading. 

33:50 minutes into the video, Ordinance No. 48-2016 was discussed. It was passed on an emergency on its first reading. 

36:10 minutes into the video, Ordinance No. 49-2016 was discussed. This legislation would change North Canton Zoning Code to allow residents to park on a prepared surface in front of their homes and allow use of up to forty percent of the front yard for a residential parking surface.  

I urge residents who want to preserve the orderliness and value of their properties to contact their Councilperson and speak against this proposal. 

Councilmember Werren (37:30 minutes) showed her lack of knowledge of the legislative process regarding legislation affecting zoning when she inquired about passing Ordinance No. 49-2016 on an emergency. Practically all members of Council, in unison, told her that cannot be done. 

Mrs. Werren has been on Council for nearly FOUR YEARS!  

Apparently Mrs. Werren is a slow learner in her legislative roll as a member of City Council. 

40:00 minutes into the video, Ordinance No. 50-2016 was discussed. It was passed on an emergency on its first reading. 

42:00 minutes into the video, Ordinance No. 51-2016 was discussed. It was passed on an emergency on its first reading. 

The legislation called for the expenditure of $325,000 to replace a large culvert that runs on the east side of Price Park. city Engineer Jim Benkos gave a seventeen- minute presentation to Council to explain the project. The presentation runs until 59:20 minutes into the video. 

1:01:30 minutes into the video, the legislative portion of the meeting concluded and Council reports began. At this point, city officials seated at the dais were given time to present remarks on any subject of their choosing. 

-         Councilmember Fonte asked if Maple Street Commerce, the owners of the Hoover District, could make a presentation to Council on the timeline to finish the renovations that have been on-going for several years. 

Mr. Fonte characterized the Hoover District activity as “that mess across the street.”  

-         Stephanie Werren offered praises to the City’s Code enforcement office for their efforts regarding abatement of nuisances in the City. 

-         Marcia Kiesling talked about the 4th of July races and how much fun they were. 

-         Dan Griffith offered praises to the North Canton Jaycees regarding the 4th of July fireworks and the music as well as praises and thanks to many others. 

-         Mark Cerreta did not have much to comment on. 

-         Doug Foltz queried the city Engineer about the city’s street paving project for this fall.  

I do not understand why the city waits until snow is flying in the air every year before the paving of streets begins in North Canton. 

-         Jeff Peters discussed the concerns raised by M.J. Albacete who spoke during public speaks. Mr. Peters explained that it was possibly his oversight in not responding to Mr. Albacete’s grant request.  

-         Law Director Tim Fox at 1:11:01 minutes in the video addressed the weekend death of former Law Director Roy Batista and provided a little history of Mr. Batista’s service to the city of North Canton.  

Mr. Fox noted for the record that on September 14, 2003, the Repository did a detailed story on Mr. Batista when he retired as Law Director for the second time. 

-         City Administrator Mike Grimes commented on his experience working with Mr. Batista. Mr. Grimes then gave an update on Dogwood Pool reporting that the diving board was installed and available for use and that the slide was installed but is awaiting installation of a waterline before it is open for use.  

There was no report of the added cost to tap into the water service line for the pool to provide water for the water slide. Mr. Grimes also reported that the water temperature at the pool has been warmer. 

At a June 27, 2016, Council meeting, Mayor Held revealed that the Dogwood Pool complex itself now has inadequate electric service (as a result of the $850,000 upgrade) and consequently, the pool heater cannot operate at full capacity.  

This will require a new electric service entrance and additional expenditure of tax dollars on top of the $850,000 reportedly spent to date to correct. 

Mr. Grimes also commented on the retirement of former Finance Director Karen Alger. 

          1:18:25 minutes into the video, Council President Peters made a motion to move the August 15, 2016, Council of the Whole meeting to the same night as the August 22, 2016, Council meeting.  

The motion was approved by a unanimous vote, thus giving members of Council an extended summer recess. 

          1:19:16 minutes into the video, the Council meeting was adjourned.        

          The video continued to run until 1:26:13 minutes capturing post-Council activities.
 

Thank you,
Chuck Osborne

Friday, July 1, 2016

June 27, 2016 - North Canton City Council Meeting followed by a Special Committee of the Whole Meeting

North Canton Residents and Anyone Having Interest in the Business of North Canton City Government:


Pasted below is a link to a video of the North Canton City Council meetings held on Monday, June 27, 2016.


 
Description of Video: 
June 27, 2016, – North Canton City Council Meeting followed by a Special Committee of the Whole Meeting:  

The video covers a North Canton City Council meeting lasting approximately one hour and 15 minutes, immediately followed by a Special Committee of the Whole meeting that lasted approximately nineteen minutes.  

The meeting is called to order about one and one half minutes after the video begins.   

The meeting began with a prayer by Reverend Cara Stulz-Costello of Faith United Methodist Church, followed by the Pledge of Allegiance. 

          At 4:40 minutes into the video, Council President Peters takes attendance by having the Clerk call the roll. Five of the seven members of Council answer to roll call. Council President Peters quickly follows with a motion to excuse Councilmembers Stephanie Werren and Dominic Fonte who were absent. 

          This is Mrs. Werren’s second meeting absence this year as she was absent on April 11, 2016. This is Mr. Fonte’s first meeting absence this year. 

The Agenda for the Council meetings can be found on the City’s Website at http://northcantonohio.gov/ under the tab, Mayor & City Council. 

6:00 minutes into the video, President Peters recognizes North Canton Chamber
President Doug Lane who introduces Marc Schneider, co-chair of the Stark County Area Broadband Task Team. Mr. Schneider gave a presentation on the impact broadband would have on the growth of North Canton. Mr. Schneider explains the feasibility of creating a broadband service network for Stark County and asks Council for a resolution supporting the efforts of the Broadband Task Team. 

          30:00 minutes into the video, Council President Peters outlines the rules for visitors who wish to address City Council. Mr. Peters specifically states that there will be no discussion between speakers and members of City Council during what is termed Recognition of Visitors on the agenda and generally referred to as “Public Speaks.”   

          Despite the rules outlined by President Peters immediately preceding the Recognition of Visitors portion of the meeting, Council and the Mayor fail to comply. 

Four speakers address City Council:  

30:30 minutes into the video, Bill Smith, a Canton Township Trustee and
Candidate for Stark County Commissioner is the first speaker. Mr. Smith introduces himself to Council and asks for support in the upcoming 2016 November elections. 

34:00 minutes into the video, City resident Larry Tripp (2nd speaker) presents
his concerns regarding what he believes are the failures of Council and Council President Peters. 

          38:05 minutes into the video, City resident and former member of  North Canton City Council Chuck Osborne (3rd speaker) makes the following remarks to Council: 

-         Speaks in support of the efforts of the Stark County Area Broadband Task Team as previously presented at the beginning of the Council meeting; 

-         Presents a Taxpayer Demand Letter, addressed to Mayor David Held, Council President Jeff Peters and Law Director Tim Fox, asking that violations of North Canton Ordinance No.107-99, be corrected and if not corrected, alerts City Officials that a taxpayer lawsuit would be forthcoming. State Law requires that the Law Director be alerted prior to the filing of a suit to enforce the correction of any violation of law. 

The violations were brought to the attention of City Council by former Mayor/City Council President, Daryl Revoldt in his remarks to City Council on June 6, 2016. Mr. Revoldt’s remarks can be viewed at 18:00 minutes into the video at the following link:


A copy of the Taxpayer Demand Letter is available below:


 
          42:10 minutes into the video, City resident Denise Lee (4th speaker) addresses ongoing problems regarding North Canton’s Dogwood Pool. 

          Mrs. Lee provides a one-page handout prior to her presentation, detailing the issues she wants to address, and it is provided below.  

          Despite Council President Peters’ weekly recitation of the rules for Public Speaks, that City Officials not engage in any conversation with individuals who present concerns to Council in a public session of Council, after Mrs. Lee finishes her presentation, (46:00 minutes into the video) President Peters turns to Mayor Held and if asks the Mayor would like to speak to the comments made by Mrs. Lee. 

          Mayor Held’s response to Mrs. Lee’s list of issues continues to illustrate the debacle that the recent upgrade to the Dogwood Pool has become.  

ONE:
In addressing Mrs. Lee’s first issue that the Water Temperature of the pool is “dreadfully chilly,” Mayor Held reveals that the Dogwood Pool complex itself now has inadequate electric service (as a result of the $850,000 upgrade) and that the heater for the pool cannot operate at peak efficiency. 

WOW, what a revelation of incompetence! 

Didn’t the City just undertake an $850,000 renovation of the pool?  

Who engineered this debacle? 

Mayor Held goes on to acknowledge that the electric infrastructure at the pool dates back to the 1970s. 

WHY wasn’t an upgrade of the antiquated electrical system addressed in the upgrade of the Pool? 

Wasn’t an upgrade of the electric included in the bid specifications? 

I ask again, Who engineered this debacle? 

TWO:
With regard to the failure to have the diving board and water slide installed, Mayor Held reveals once again the City’s failure to adequately engineer the renovation of the Pool. Mr. Held states that filtered/chlorinated water must be used for the water slide which will require running an additional water line from the pumphouse feed to the Pool. 

THREE:

Mrs. Lee calls attention to the lack of striping in the Dogwood Parking Lot which has resulted in chaotic parking and patrons finding their cars blocked in and unable to drive out of the parking lot when they desire to leave.

          Mayor Held states that the problems at the Pool are unacceptable.  

That is an understatement! 

Does that admission absolve the City for this for this debacle? 

I think NOT!

The next question is what are the final costs to have Dogwood Pool fully functional? A month ago I had reports that $200,000 had been pulled from the City’s water fund to cover all these added expenses. If true, how that has been done without Council action may be another issue. 

I think it is a certainty that additional tax dollars will be expended to restore full functionalty to Dogwood Pool.  

The elephant in the room which City Officials have been loath to acknowledge is who is responsible for the 2016 Dogwood Pool debacle.  

Service Director Jim Davis undertook this project. Why was Mr. Davis left to “sink or swim” alone with this project is a mystery!  

Where was City Engineer Jim Benekos, City Administrator Mike Grimes and, Director of Permits and Inspection Eric Bowles? 

And after the Dogwood Pool failed to open as scheduled, and the public took notice of the City’s failures to manage the Pools renovations, WHY did Mr. Davis leave on vacation just as these failures became known? 

Did Mayor Held spirit Service Director Davis out of town for a week to personally handle the very negative PR that was growing day by day that the Pool was not ready?   

The question now is will North Canton’s Service Director, Jim Davis, keep his job or will he pay the ultimate price and be sent packing? 

Dogwood Pool has been a very public debacle for the City of North Canton. And with new revelations from Mayor Held at this evenings Council meeting, the magnitude of the debacle grows exponentially! 

Stay tuned….

Discussion of Dogwood Pool continues for over seventeen minutes (42:10 minutes until 59:13 minutes into the video) with Mrs. Lee responding from the audience at times. I have seen citizens, including myself, berated and on occasion, ejected from Council meetings for similar conduct that transpired this evening. 

On a weekly basis, Council President Peters is very erratic and unfair, generally, in his treatment of citizens who question the actions of City Officials.  

It would be nice if all North Canton Citizens could engage members of City Council and be treated in the manner in which Mrs. Lee was treated.
 
 
            59:30 minutes into the video, the legislative portion of the Council meeting begins. 

          1:07:30 minutes into the video, the legislative portion of the meeting is concluded and Council Reports begin. At this point, everyone seated at the dais is allowed to make remarks on the record on any topic of his/her choosing. 

          1:10:15 mintues into the video, in response to my Taxpayer Demand Letter, Mayor Held states that if any of his staff has done anything illegal, the City will make sure to make corrections.  

          1:11:00  minutes into the video, Mayor Held reveals that City Engineer Jim Benekos has chosen to retire. In the same breath, Mayor Held explains that Mr. Benekos will be rehired and continue to serve as North Canton’s City Engineer.  

          Mr. Benekos will join City Administrator Mike Grimes as a retire/rehire employee holding a high-level position in the Administration of Mayor David Held. 

          As Mayor Held expounds on his decision to retain Engineer Benekos, it is quite curious that there has been no announcement as to who will be chosen to fill the position of Director of Finance.  

Current Finance Director Karen Alger announced at a March 28, 2016, Council meeting she planned to retire as the City’s Finance Director. At that time, Mrs. Alger stated that her last day with the City would be July 5, 2016.  

Why after three months has there been no annoucement as to who has been selected to become North Canton’s Director of Finance? 

With accrued vacation and the last weekend before retirement a three-day holiday weekend prior to the effective date of Mrs. Alger’s last day on the job, the City presumably has no Finance Director on the job at City Hall.  

City Council has failed to appoint an interim Director of Finance at this time. Consequently, North Canton is in violation of its Charter. 

1:13:40 minutes into the video, after explaining his reasoning for rehiring City Engineer Benekos, controversial as it is, Mayor Held references the City’s search for a new Finance Director and explains how difficult it is to fill high level positions in the City.  

With the City’s Finance Director now gone and the City having had three months notice of the vacancy for the position, it is hard to comprehend why a replacement for the Director of Finance postion has not been found and announced. 

The very purpose of recent legislation increasing salaries and benefits for top City officials was to facilitate filling the position of Finance Director. That was the explanation given for the nearly thirty percent increase in salary and increase in vacation time for the position. 

WHAT is going on? 

          1:16:15 minutes into the video, the Council meeting is adjourned and the Special Committee of the Whole is called to order. 

          Council President Peters again takes attendance by having the Clerk call the roll. Five of the seven members of Council answer to roll call. Council President Peters quickly follows with a motion to excuse Councilmembers Stephanie Werren and Dominic Fonte who were absent from the meeting. 

          1:20:15 minutes into the video, there is discussion to change the City’s Zoning Code to allow homeowners to park vehicles in their front yard directly in front of their homes. This proposal is presented by Director of Permits and Inspection, Eric Bowles. 

This proposal is something that I urge residents to oppose as front lawns will be turned into parking lots under this proposed change in the City’s Zoning Code. This can only increase the decline of neighborhoods. Listen to the video and attend Council meetings to learn more.  

1:33:40 minutes into the video, discussion of proposed legislation is concluded and there is brief discussion to forgo a meeting of City Council for the week of July 4, 2016, and hold both a Council meeting and a Committee meeting on July 11, 2016. 

          1:34:40 minutes into the video, the Special Committee of the Whole is adjourned.         

          The video continue to run until 1:42:39 minutes capturing post-Council activities. 

Thank you,
Chuck Osborne