Prepared Comments Made to
NORTH CANTON CITY COUNCIL
September 25, 2017
Five years ago, Mayor Held's Director of Permits and
Development, Eric Bowles, authorized the abatement of property taxes for a
forty-unit apartment complex on North Main Street called North Ridge Place. The
authorization by Mr. Bowles was done behind closed doors and remained secret
for nearly three and one-half years. The abatement of property taxes for the
investors in North Ridge Place amounted to nearly $1.0 million dollars.
I think everyone will agree that Mr. Bowles usurped the
authority that City Council gave him by ordinance when he secretly approved the
property tax abatement for North Ridge Place.
Denials by City officials that they had knowledge of the
abatement are laughable, especially from North Canton's Law Director, Tim Fox.
Since Mr. Fox became Law Director in September of 2012, two
months before Mr. Bowles submitted the North Ridge abatement to the Stark
County Auditor's office, Mr. Fox has gained knowledge and control of every
aspect of City business and usurped control of everything that transpires in
North Canton City government.
I
have no doubt that Mr. Fox provided guidance and support to Mr. Bowles in
November of 2012 with regards to the closed-door approval of the North Ridge
tax abatement, thus usurping the authority and intent of legislation passed by
City Council.
It
is unfortunate, but a citizen cannot receive a Public Record from any office in
the City without the knowledge and approval of Law Director Tim Fox.
Law
Director Fox has his fingers into every nook and cranny of North Canton City government
and nothing happens without his knowledge or his approval.
A
more recent example of Law Director Fox's usurping the authority of City
Council is the path that he has chosen to follow in the possible rezoning of
the Fieldcrest property.
Why
did Law Director Fox not give City Council an opportunity to choose between
having the City hire its own consultant to write the zoning code for Fieldcrest
instead of asking the property owner to write the zoning code for the City?
An
independent, unbiased land-use planner hired and paid for by the City and responsible
to the City, could have been an option City Council might have chosen.
But seemingly,
that choice was not available as Law Director Tim Fox took that right away from
my elected representatives when he failed to allow City Council to make this
decision themselves.
Instead,
at last Monday's City Council meeting, Council was reviewing a proposed zoning
code written by a consultant hired by the property owner.
And
at the same meeting, North Canton's Law Director became a lobbyist on behalf of
this property owner and further, began urging expedited approval of the
rezoning.
Law
Director Fox has guided this whole process and for some reason City Council is
oblivious to what is going on before their very eyes.
Mr. Fox
is taking from the citizens of North Canton any semblance of representational
government.
Concerns
have been raised by citizens that the rezoning of Fieldcrest would be
"Spot Zoning" and I concur. Law Director Fox rebutted that assertion last
week with his pronouncement that the Fieldcrest property was "unique"
thus qualifying the property for a change in zoning from residential to a
meaningless zoning classification called "Fieldcrest," which is being
pulled out of thin air and does not represent the use truly intended for the
property.
I
would like an independent assessment from a land planner regarding whether a
rezoning from residential would indeed constitute Spot Zoning.
Fieldcrest
is but a portion of what was once property owned by the Hoover Company. It is
surrounded by Auburn Knolls and Monticello, all residential properties, and all
cut from the original Hoover Company property.
These
developments are the most expensive residential properties in the City of North
Canton.
And
now you want to create a commercially zoned property and call it something
other than what it truly will become if this rezoning request comes to
fruition.
North
Canton City Council must function as representatives of all of its citizens.
City Council members must act and think for themselves.
Please,
reclaim for yourselves your role as representatives of the people. Stop letting
Law Director Tim Fox usurp your authority in the proposed rezoning of
Fieldcrest.
Thank you,
Chuck Osborne
Resident, City of North Canton
