Prepared Comments Made to
NORTH CANTON CITY COUNCIL
February 27, 2017
The
habitual violation of North Canton’s Charter by City Officials that has and
continues to occur is Unnerving, Unacceptable, and Unlawful.
Section
3.07(3) of the Charter, titled, Zoning and Building Standards Board of Appeals,
states in part,
“It shall be the duty of the Zoning and Building
Standards Board of Appeals to hear and decide appeals for exceptions to and
variations in the application of ordinances… in the municipality….”
If that is unclear, further guidance comes from Chapter
1125.02 (116) of North Canton’s Zoning Code, which defines a variance as,
“A grant by the Board of Zonings Appeals….”
This
provision has existed in the City Charter since 1963.
At a meeting of the North Canton Planning Commission on
August 5, 2015, the Commission, in violation of the Charter, granted a variance
for the construction of a Cell Tower at First Friends Church.
Present
at the meeting were all members of the Commission, including City Administrator
Mike Grimes, former City Engineer Jim Benekos, former Director of Permits and
Development Eric Bowles, and City Council’s Chairperson of Ordinance, Rules,
and Claims Committee, Stephanie Werren.
Also present at the meeting was North Canton’s legal
authority, Law Director Tim Fox.
How
could this have been allowed to happen?
How could all of these individuals allow the Planning
Commission to exceed its authority under the Charter? This was unprecedented in
my sixteen years of observations of the actions of North Canton City
Government.
The decision of the Planning Commission was appealed by
parties in opposition to the tower and on September 22, 2015, the appeal was to
be heard by the City’s Zoning Board of Appeals. As the Board meeting was about
to hear the appeal, Law Director Fox acknowledged that procedural requirements
were not followed.
The
admission that the Planning Commission had exceeded its authority forced a
reapplication of the entire issue before the Planning Commission which took
place on December 9, 2015.
Another violation of North Canton’s Charter derives from requirements
in another part of Section 3.07.
In paragraph
(2) titled, Planning Commission, and paragraph (3) titled, Zoning and Building
Standards Board of Appeals, the Charter states in part,
“…a
member of Council, selected by Council, shall serve as non-voting members of
the commission in an advisory capacity and shall attend all meetings.”
For
Planning Commission meetings, City Council’s Chairperson of Economic
Development Committee, Marcia
Kiesling, is Council’s selected representative and by Charter is required to attend
all meetings of the Planning Commission.
Over the last four years, Mrs. Kiesling has attended six of
the thirty-six meetings of the Planning Commission. Percentage-wise,
Councilwoman Kiesling has been absent for eighty percent of the meetings she is
obligated by Charter to attend.
For meetings of the Zoning Board of Appeals, City Council’s
Chairperson of Ordinance, Rules, and Claims Committee, Stephanie Werren, is
Council’s selected representative and by Charter is required to attend all
meetings of the Zoning Board of Appeals.
Over the last four years, Mrs. Werren has attended none of
the six meetings of the Zoning Board of Appeals. Percentage-wise, Mrs. Werren
has been absent for one hundred percent of the meetings she is obligated by
Charter to attend.
The most recent violation of North Canton’s Charter
originates from Section 6.04 which states,
“In
January, 1967, and in January of each tenth year thereafter, the Council shall appoint
a commission of fifteen (15) electors of the municipality…. Such commission
shall review the Municipal Charter, and …recommend to Council such alterations,
revisions, and amendments, if any …are desirable….”
Council
has failed to act in accordance with this Charter provision. This failure to
act as prescribed hampers the work of the Charter Review Commission and it jeopardizes
the success of the Commission’s work.
Elected
and appointed City Officials who cannot comply with North Canton’s City Charter
should resign or be replaced.
Thank you,
Chuck Osborne
