Prepared Comments Made to
NORTH CANTON CITY COUNCIL
April 24, 2017
On
February 27, 2017, I highlighted to City Council a multitude of actions which
have violated the North Canton’s City Charter.
The
first violation I detailed as a direct violation of the City Charter was the
approval of a variance at an August 5, 2015, meeting of the City’s Planning
Commission with the City’s Law Director in attendance.
From
the minutes of Council’s February 27, 2017, meeting, Law Director Tim Fox immediately
follows up my remarks with a rebuttal stating, “Mr. Osborne stated that the
Planning Commission granted a variance for the cell tower. And clearly that did
not occur.”
As
is clearly described on page 5 and 6 of the minutes of the August 5, 2015,
Planning Commission meeting, the Commission did in fact approve a variance for
the cell tower.
In
fact, the minutes of the Commission reflect the following dialogue:
Commission
Chairman Flechtner states,
“Question[?].
Do we need a third vote for the variance?”
North
Canton’s former Director of Permits and Development Bowles responds stating:
“No.
You can approve it with it as presented…”
Chairman
Flechtner responds stating,
“So
that would be a part of the motion to approve the site plan….”
The
City of Canton and the Montabella Estates Homeowners Association also were well
aware that North Canton’s Planning Commission had approved a variance for the
cell tower. Each entity appealed the Planning Commission’s approval citing the
fact that North Canton’s Planning Commission exceeded its authority under the
City’s Charter when it approved this variance. I include copies of the appeals
from each of those appellants.
On September
22, 2015, an appeal was on the agenda for the meeting of the North Canton
Zoning Board of Appeals.
Prior
to the Board’s hearing the appeal, Law Director Tim Fox addressed the Zoning Board. From page 4 of the attached minutes of
the September 22, 2015, meeting of ZBA, Mr. Fox states in part,
“…The
Planning Commission had stated at its meeting regarding a conditional use that
it approved of a variance but it’s clear from the City’s Charter and its
ordinances only this body, the Zoning and Building Standards Board of Appeals
may hear a variance….”
Mr.
Fox clearly and purposely misled this public body as the North Canton Planning
Commission did in fact approve a variance for the cell tower at the August 5,
2017, meeting of the Planning Commission.
I
believe this instance to be but a snapshot of the manner in which Mr. Fox handles
his position as North Canton’s Law Director.
I
include with my remarks, the various documents I have cited.
Every
member of this Council should cast a critical eye as to the way the current Law
Director spins and twists the facts, not only in this instance but often since
he has taken on the role as North Canton’s Director of Law.
If
Law Director Tim Fox can find the need to twist and distort the facts in an
effort to reign supreme over a citizen as myself, who regularly researches
Council proceedings, what is he doing under far less scrutinized circumstances?
I
find Mr. Fox’s veracity to be highly questionable!!
I
ask that City Council end the reign of Law Director Tim Fox.
Thank you,
Chuck Osborne
