1/9/12
TO; Minerva Park Council
FROM; Tony Benedetti
I have been coming before Council for more than 3 years now. I have pointed out many areas in which the Villages policies, procedures and understanding of the law, haven't been what it should be. I feel it is very difficult to try to correct the many problems the Village is now facing when Council allows a 3 minute presentation per month. I was told by the Council President that " Citizens Comments" was the time for Council to listen to the Residents. I would like to know when Council is going to start addressing the issues that I have brought before them. Below is a list of the things I have been asking about.
1. When and how should a Resident get a "Home Occupation Permit"
(Remembering the answer should come from the code book, not "That's how we have done it in the past")
2. What is a "area improved for vehicular use" (MP code 1273.10(d))
(I believe the answer can be found in MP code 1282.06(a)) and doesn't this apply to all driveways and parking lots.)
3. Are you allowed to raise chickens in a "Residential District"
(The Code Enforcement Officer has decided you are allowed to)
4. Does the Mayor of Minerva Park have the authority to issue an " Administrative "Order"" and what law gives the Mayor this power.
5. Do you need a Soliciting Permit to put business fliers on mailboxes, if so why hasn't the people passing out the "Bags" every week been made to get a Soliciting Permit.
6. When do you need to get a Building Permit.
(The way I understand it the code requires zoning approval But there is no mention of when you need to get a Building Permit. Please include which code and the number that applies.)
7. The page of the MP Code covering Part time employees compensation is missing, what is being done about this.
8. If Chief Nuesse provided a copy of the Erie County Court judgement dated 8/10/10 to the Mayor when she first applied for the Chief position why wasn't this information provided to the Chairman of the Safety committee before she was hired.
9. In 2009 the last payment to the Law Director was postponed till 2010, why was this done.
10. Recently the Mayor and Code Enforcement Officer put together a letter to ask the owner of the Quick Stop Auto Repair to correct the code violations at that property. I asked where it said in the codes that ; 0nly one vehicle may be parked in a space, No parking under the awning, After business hours all cars must be in a parking space, no stacking of vehicles. In response to my request I was given a copy of the Property Maintenance code. That code doesn't cover these items.
I have provided these question to Council in writing I would hope for a prompt response in writing.
Thank you for your attention to this matter,
Attached is the body of the letter from MP to Enocam Motors.
It reads:
December 15, 2012
James Enow
Enocam Motors
5216 Cleveland Ave
Columbus, Ohio 43231
Re: Property Maintenance Violations
Dear Mr. Enow:
Per our conversation on Monday, December 12, please take note of the following violations and time frame for correction:
1273.07 MAINTENANCE OF EXTERIORS OF STRUCTURES must be completed by 12-26-11
(a) Dumpster screening structures
Please repair the dumpster enclosure in a workmanlikemanner.
1282.06 SURFACING AND MAINTENANCE must be completed by 1-15-12
(b) Parking surfaces must be maintained
Please resurface the section of the parking lot that has fallen into disrepair.
1282.07 STRIPING must be completed by 1-24-12
(b) Parking areas must be striped
After completion of the parking lot please submit a parking lot striping plan to the Code Enforcement Officer for approval. After obtaining approval, stripe and maintain parking spaces.
1282.09 ACCESS AND MANEUVERING
(a) Access and maneuvering areas.
Starting immediately only one vehicle may be parked in a parking space. There is no parking allowed under the awning. During business hours you may have vehicles that are not in parking spaces. However, at the close of business each day the number of cars on the lot WILL NOT exceed that of the number of parking spaces. No stacking of vehicles is permitted.
There were many issues addressed in these two letters. I'd like to make note of a few things for everyone, though.
Starting with the last of the issues, from what I can gather during council meetings, the owner of the auto repair shop (Enocam Motors) is very cooperative when meeting with the Code Enforcement Officer and is cordial about the issues with code violations. Some of the issues are created when customers leave their cars outside of business hours, something he can't directly control but unfortunately is still responsible for.
The issue of the expired gas station/car repair shop is something I've personally heard about for a while now. It is unsightly and I am glad that the codes are working toward being enforced/remedied. I'm also glad there are dates by which they are to be completed, very professional and hopefully Enocam Motors can abide by them.
I see Tony's questioning of the letter and codes as a way of keeping the books and enforcement accountable. Some may argue against him (and I'm sure you will here) but good on him for trying to make sure there is an even playing field for everyone involved.
Some of the other issues he brings up are also of interest to me and I'd like to see an answer to them. Even if they're not of interest to me, I'd hope Tony gets an honest answer, even if it's that of Council admitting they've messed up somewhere or assumptions were made or a law is out of place. An honest answer is better than the line of defense I've seen out of Council when Tony tries to appeal to them in Council Meetings.
Good for you Mr. Benedetti. You've been doing your homework. Let' see how long it takes for you to get some answers. Glad you put it in black and white. Good Luck
ReplyDeleteMr. benedetti, just sitting here reading all these blogs, and it sounds like there has been problems for quite some time.. I have a question for you, how often does a village get audited, every 5 years, every year or maybe never. That would be a good question for you as a council member to bring up at your next meeting on Feburary 13th, unless you already know the answer.
ReplyDeleteThis is great now were aloud to have chickens! The village is getting more ghetto every day. Or maybe more backwards. So now we all can get chickens or we will have to put up with our neighbors have them and what do they do with the waste ?? Maybe when even fight fly's like Crouton on a smaller level. Why would council let this happen?? Why would they let Dave Hays decide this ??
ReplyDeleteFYI: Bexley has allowed chickens for quite some time and the last time I inquired they had received 0 complaints. You should kindly ask to visit one of our residents who has them before making ignorant (uninformed) comments.
DeleteJust for your FYI: This is NOT Bexley and never will be. That Facts are it say's in the Minerva Park code you are not permitted to have live stock. FYI chickens are live stock dumb ass! People are tired of selected enforcement!
DeleteI think people should be able to have chickens in the Village. The reason I have asked about chickens in a residential district isn't because I think it shouldn't be allowed it's that the village code doesn't list it as a permitted use. The only district in the Code that lists "animal and poultry husbandry" is a Rural District. You can go to the Village web site and look at the P&Z Code 1238.02 I don't think the Code Enforcement Officer understands what the code says about chickens. If chickens are allowed what other farm animals are allowed? Can I have a cow in my back yard?
DeleteOle Mcdonald had a farm, what's next.
ReplyDeleteI would like to start to explain the stories behind the 10 questions I gave to Council.The first question was about Home Occupations. I believe the way the Mayor interprets and enforces the the Home Occupation codes is the best example of how nasty she can be. I'm going to start with the worst chase of the Mayor using Code Enforcement to inflict as much financial and personal hardship as allowed by law against the residents of the Village who complain about her conduct. A resident passed out fliers on the mailboxes in the Village advertising that he would do gutter cleaning. A few days later he received a letter from the Village telling him that he needed to get a Home Occupation permit for his Gutter cleaning business. He felt he didn't have a Home Occupation and didn't get the permit. The village took him to court.He was found guilty of having a Home Occupation without a permit,and was sentenced to 20 days in jail.The Village spent $900 on a Special Prosecutor to try the case. The only evidence the Village needed to prove he had a home business was the flier that had his address on it. Before I go much further I would like to bring up something that most of the Village Council may not know, is that the above mentioned resident filed a complaint against the Village with the U.S. District Court for the Southern District of Ohio Eastern Division. I believe that is why he received such a tough sentence. There are many people running businesses out of their homes some have to get a permit some don't. The way the Village determines who needs to get a permit is not consistent from one day to the next. Council person Legg has a Business registered with the State using his home address,but he doesn't need a permit.Council President Curry's husband has a business writing text books at their home yet he doesn't need a permit. The reason that I have become so active in Minerva Park politics is because the Village told us that we could not operate a Day Care business in the Village. I will say that we gave the Village plenty of reasons to deny our application for a Home Occupation permit. But the problem is that there are state laws which prevent a Village from prohibiting a state licensed Day Care to operate. We had a state license, yet we were told we needed to cease and desist our business. The thing about this that bothers me the most isn't that the Mayor was unaware of this law it's that our Law Director wasn't. The Village has a Law Director to keep the Village from making mistakes like this. The problem with the relationship between the Village and the Law Director is that the advise or lack of advise the Law Director gives the Village many times finds the village in a lawsuit. So you could say that the Law Director has a financial incentive to provide bad advise. In our case the Law Director didn't tell the Village about the law regarding Day Care businesses and if we had the resources to take the Village to court the Law Director would have been payed to defend the case in court. Which brings me to my last point for today. For the first time in the Villages history Council has budgeted money just to cover potential litigation. In 2011 the amount was $9,000, that's over and above the $36,000 yearly contract. The contract amount went up to $36,000 from $30,000 in 2010 the reason for that increase was due to the increase in public record requests and litigation. Many of the past Village employees have filed lawsuits against the Village. The first one was settled out of court. How many people have to file lawsuits against the Village before Council understands we have a problem.
ReplyDeleteTony, could you please use paragraphs in your future comments if they are long such as this one. It is very difficult to read without any breaks indicating subject change. Just a simple observation, nothing more.
DeleteThanks,
Charles
LOL...with the amount of time Benedetti spends on this blog he could probably maybe go out and get a job or a life!
DeleteOh grow up will ya!!
ReplyDeleteWho you talking to? If you're speaking to Mr Benedetti, I would say you are out of line. To me, it looks like all he is doing is trying to get some answers as to why the village has so many problems. Why such an angry reply? Don't see where he is doing anything wrong. He is just looking for answers to some questions that looks like he has every right to. Whats wrong? Is he starting to step on some toes? Good job Mr. Benedetti
ReplyDeleteI'm not a member of Council.I came in 4th place in the last election. There was a open position on Council and Council chose Mr. Legg who came in 5th. To me this shows how council resists any change. Council felt that Mr.Legg was more qualified and experienced. This may sound silly but, what matters in a democracy isn't your qualifications, it's how many votes you get. To answer a question above the Village has a regular audit. I'm not sure I think every 2 years. And I,m turning 50 this year and I REFUSE TO GROW UP.
ReplyDeleteMr. Leg should be ashamed to sit up there on council!
ReplyDeleteHe came in dead last! As he stated before THE PEOPLE HAVE SPOKE! The spoke to the tune of not wanting you on council. You should should be ashamed to sit up there!
It just seems to me that there are waaay too many people who have opinions on how things should be ran, and in the grand scheme of things in government, NOTHING is perfect or will be perfect. Mr. Benedetti has always had voiced his displeasure in how everything has been operated in the village, and it is quite clear that even in a perfect world he would still be complaining about something that he doesn't see as right. So why should we all just sit and listen to his rambling on about this and that when it's as obvious that he's just an unhappy camper who will never get his way.
ReplyDeleteJust tell me why the the council and the Mayor will not answer questions. The just sit there with that dumb look on there faces and will not answer.
ReplyDeleteIf you would have been there for the Jason Gross hearing you might understand how things are not right. Its not about him getting his way its about doing things the right way and doing it by the code.
Griping on here and obviously standing in front of council trying to plead a case is not going to do anything for an individual cause. My suggestion is to grin and bear the inevitable or move into Columbus or some other community. Most of the people I have talked to are sick and tired of the small town complainers because all they do is slow things down for their own disharmony causes.
ReplyDeleteTo say that I'm asking for perfection isn't fair. I'm sorry if my expectations for the Government to follow the rules seems like perfection to you. To me that's just the way it should be. I believe that if more people had the courage to stand up for what they believe in and not hide behind an anonymous comment we might get closer to coming to a solution and a end to by rambling. Either your part of the solution or part of the problem the choice is yours, I,m not forcing you to read this blog.
ReplyDeleteThere seems to be a lot of discussion on this blog about home occupation permits. Here are the facts:
ReplyDeleteTo get a home occupation permit all one needs to do is fill out a short and simple form and submit the form to the Planning and Zoning Commission. If the request falls within the guidelines of Section 1275.04(b) of the Planning and Zoning Code, the permit is granted by the Commission. The cost of a home occupation permit is $20 the first year and $10 each year thereafter. It really is that simple.
If I were to operate a consulting business out of my house, I would not need a permit because of Section 1272.04(b,3) of the Planning and Zoning Code, which allows an individual to maintain a professional office within their house, as long as there are no business visitors, no marked vehicles advertising the business in the drive way, and that the business would not create a disturbance of any kind that would bother my neighbors. Yes, this is an interpretation of Section 1275.04(b), but if you read the section, I believe most residents would find the interpretation is fair. The code is available as a download from the official Minerva Park Website. Show it to your neighbors and ask how they interpret the section (without you coaching).
Now go ahead and bash me, call me a liar, and say all the nasty and negative things most of you are good at doing. But I stand by the Code and what it says.
There will be a Coffee with Council meeting on Monday, January 23, 2012 at 7:00 P.M. at the Community Building. How many of you will show up at the meeting? At the last meeting held, two residents show up, Mr. Benedetti and myself. No apathy in this Village.
Charles Legg
One section of the code states:
Delete"All persons conducting home occupations which are presently existing, or which are established, changed or enlarged after the effective date of this chapter, shall be required to obtain a permit from the Village Engineer or his or her agent."
To the best of my knowledge there is no exclusion of needing a permit for any type of home occupation business. It is my belief that the section with "It shall not be the intent of this section to prohibit the maintenance by a homeowner of a private professional office (e.g. a lawyer's, doctor's or architect's) on his or her premises" is in relation to a business established else where. I think to interpret it as allowing a "consulting business" as mentioned and a permit not being needed is one heck of a stretch and not reasonable.
Mr. Legg, I do believe that during candidates night in 2011 you stated something to the effect that you had a home business and were going to get a permit once you started making money. Based on what I have seen from some of the comments you have made, it seems you put a lot of effort into justifying how you and/or some members of the village administration interpret things.
Mr. Legg, what it really all comes down to is that there are people in the village who can't see how good they have it here in comparison to living in Columbus city limits! They complain about small home businesses, small zoning issues and don't understand that if they lived in Columbus these petty issues would be laughed about when brought up in front of council. They should appreciate the fact that they do have the services of their own EMS, their own police department and for the most part things DO get done. But some people (especially Mr. Benedetti) seems to be an expert on everything and will never get his way.
ReplyDeleteIn reply to "Anonymous Jan 15, 2012 07:19 AM"
DeleteThings being better or worse in comparison to another area is a poor excuse at best to ignore an issue when raised whether it is trivial or not. Or maybe your comment should be directed at someone such as the mayor and associates that have informed people they need to get a permit for a garage sale when one is not required or pay for a solicitor permit before there was actually a fee.
Charles, thank you for participating in this discussion, and helping to prove my point. First off, the code says you " shall be required to obtain a permit from the Village Engineer or his or her agent" not Planning and Zoning Comm. The fee for the permit has been changed to $25,the permit needs to be renewed every 2 years not every year. Its more complicating than just turning in a application, you go before the commission so your neighbors can voice there concerns about the proposed business. then the Commission decides. Code 1272.04(b,3)does allow for a professional office at your home. The way it has been explained to me in the past is that if you have a business outside of the Village you are allowed to have a home office. No where in code 1272.04 does it say that the Home Office is allowed as long as,there are no business visitors, no vehicles advertising the business in the driveway. 1272.04(b,1,I) " The home occupation shall not generate traffic greater in volume than normal for a residential neighborhood. Charles do you interpret this to mean "no business visitors" if not where does it say "no business visitors." 1272.04(b,1,B) " No sign shall be used in connection with a home occupation,nor shall any display be used that will indicate from the exterior that the building is being utilized in part for any purpose other than that of a dwelling." I don't believe this code is referring to "marked vehicles", if there is code which covers "marked vehicles" I haven't found it, maybe you can help me find it. Charles I haven't said any thing about you on this or any other site. On your site you have said that I don't understand many different things, I would like to have the opportunity to explain the things that you feel I don't understand. I'm sorry to get personal now, but so far I believe you are the one who doesn't understand things. I look forward to your response.
ReplyDeleteTO anonymous at 07:19 AM I do understand how good I have it, that's why I,m so passionate about it. And these pity issues to you, are examples of the Village violating people's Civil Rights to others. I don't believe Columbus City Council would feel that the violation of peoples rights is a pity issue, unworthy of there attention. The first step in the State dissolving a Municipal Corporation is to determine if they have violated peoples rights. Your right, I do consider myself a expert in the Village Codes, and there are many people in the Village who are glad someone is willing to stand up for our rights. Who would you rather correct the problem myself or the State.
ReplyDeleteWhat rights are being violated?
ReplyDeleteAre you familiar with the Village lawsuits. Charline Garrabrant had the right not to be forced into retirement. That lawsuit was settled out of court in Charline's favor. Officer Gross had the right to a fair appeal hearing. Most of the people who witnessed that hearing will tell you that didn't happen. You won't have to take my opinion, the courts will decide that. But I would guess that it gets settled out of court because Jason's case is so strong. I'm working on a list of all the examples these are 2 that have gone to court.
ReplyDeleteRock on Mr. benedetti!!!! Don't let the hater get u down. Weren't we all raised to question things? I totally appreciate your Passion to find answers. It's a shame soo many residents want to sit back and take it rather than to be inquisitive. Keep up the good work!!!!!!
ReplyDeleteIn reply to Tony Benedetti, Jan 15, 2012 07:54 AM:
ReplyDeleteTony, before I answer your questions I want to add a disclaimer. Anything I say on this board is my own opinion and does not necessarily represent the Mayor, Code Enforcement Officer, or the government of the Village of Minerva Park as a whole. While I am an elected (appointed) official, what I say on this board is an exercise of my First Amendment rights as an individual under the Constitution of the United States of America.
Tony Said:[First off, the code says you " shall be required to obtain a permit from the Village Engineer or his or her agent" not Planning and Zoning Comm.
…
Its more complicating than just turning in a application, you go before the commission so your neighbors can voice there concerns about the proposed business. then the Commission decides. ]
The Village does not have a full time Village Engineer; therefore “his or her agent” represents him. From what I understand, Sara Schumacher is the agent for the Village Engineer. She takes the permit requests and passes them onto the Planning and Zoning Commission. And yes, it is true that the applicant has the right to appear before the Planning and Zoning Commission to answer any questions members of the Commission may have. This is the same for any permit (fence, shed, porch, etc.) needing approval by the P&Z Commission. The P&Z Commission encourages those requesting a home occupation to have letters from their neighbors voicing their approval of the request.
Tony Said:[The fee for the permit has been changed to $25,the permit needs to be renewed every 2 years not every year.]
I stand corrected in that the permit is for two years and not one. However, in confirming with Sara Schumacher, the fee is what the code says, ($20/$10) not $35. Where did the $35 amount come from?
Tony Said:[Code 1272.04(b,3)does allow for a professional office at your home. The way it has been explained to me in the past is that if you have a business outside of the Village you are allowed to have a home office.]
Tony, in your letter to Council, you said you wanted to stay away from, in your words “That’s how we have done it in the past”. I do not see in the code where a reference to a resident having a business outside the Village is a prerequisite for that resident to maintain a professional office in their home. While this section lends itself to that interpretation because of the occupations listed (lawyer, doctor, architect), the same could be said for any professional type office (consultant, author, researcher.) if you adhere to the other guidelines listed in Section 1272.04 (signage, traffic, etc.). This answer also ties in with my comments below about why we have codes. The fee for a home occupational permit is so low, I would not object to anyone having a professional office in getting a permit; however that does not seem to be the policy at the current time.
Tony Said:[No where in code 1272.04 does it say that the Home Office is allowed as long as, there are no business visitors, no vehicles advertising the business in the driveway. 1272.04(b,1,I) "…]
I agree this is not in the code verbatim. It is derived from the interpretation of the wordage that follows the exception for a professional home office. I will explain within the next answer below.
Continued on next post…
Note: You said $25 not $35 for the fee increase. Not sure why I said $35. Sorry about the mistake.
DeleteCharles Legg
…Continued from last post.
ReplyDeleteTony Said:[No sign shall be used in connection with a home occupation,nor shall any display be used that will indicate from the exterior that the building is being utilized in part for any purpose other than that of a dwelling." I don't believe this code is referring to "marked vehicles", if there is code which covers "marked vehicles" I haven't found it, maybe you can help me find it. ]
Once again this relies on interpretation. I will explain my logic: If a marked vehicle (a vehicle that has signage advertising the home occupation’s business) sits in a driveway or in front of the resident’s home, then it is my impression that the vehicle is indeed a sign adverting the business of the occupant. It does not make any difference if the sign is on the building or in the driveway or street, it is advertising.
The bottom line is the question why does the Village require a home occupation permit? I believe it is to assure that the residential portions of the Village remain residential. The code is there so that someone cannot operate a business that draws large volumes of traffic (i.e. tax preparation), obnoxious fumes (i.e. auto body work), or noise (i.e. kennel), or safety (i.e. making fireworks) to name only a few examples.
If a resident maintains a professional office in their home, and no one knows it exists, then does that office have an impact on the residential nature of the Village? On the other hand, if a resident has an auto body shop in their garage, does that have an impact on the residential nature of the neighborhood? That is why the code is there.
And I agree that the code is old and needs updating. Dave Hays, the P&Z Commission, and Legislative Committee are now working on revising the code and hope to have it completed by this fall. Residents will have an opportunity to review and comment the new code before it is passed into law. In addition, having or not having a home occupation permit has nothing to do with paying income tax on your income from the business. That is separate issue and has nothing to do with zoning codes and permits. (That issue came up at a meeting some time ago.)
Tony Said:[Charles I haven't said any thing about you on this or any other site.]
I am glad to see you are using your real name on this blog. The other site you are referring to, I believe, was my election site where I was presenting a rebuttal to the questions on the flyer for the town meeting. I stand by those replies.
Government at its best is complicated. As a government worker for over 30 years, the last half of that time working directly within government administration, I have learned much about working within politics. Government is very political. It makes no difference if it is the Federal, State, or local such as our Village. If one is to work with, or oppose “The System”, you have to work within those politics, which means you cannot alienate those in charge, even if you don’t like them on a personal level. Politics makes for strange bed fellows as the old expression goes. Presenting the questions to Council in writing was a good example of doing it right and I will attempt to the best of my ability to answer those questions pertaining to Zoning. You may not agree or like the answers, but you will get answers.
During the election I tried very hard to run a positive campaign. I never called anyone a liar, never accused anyone of stealing campaign signs, or attacked people on a personal level. I cannot say the same thing about your supporters. I only want the best for our Village as you do. I look forward to continuing to have dialogs with you on this blog.
Charles Legg
See this is exactly why Mr. Legg should have been left at the bottom of the balot sheet. Need I say more
ReplyDeleteWhy? Because I am having an intelligent dialog with Mr. Benedetti. More than I can say for you Mr. Anonymous and your nonconstructive comments.
DeleteCharles Legg
Mr. Leg should be ashamed to sit up there on council!
ReplyDeleteHe came in dead last! As he stated before THE PEOPLE HAVE SPOKE! The spoke to the tune of not wanting you on council. You should should be ashamed to sit up there!
I am not ashamed to sit on Council and I did not put myself on Council. I applied just as the other three candidates did and the current Council choose me.
DeleteAnd as a point of fact I was not dead last, I was next to last. The official BOE results were:
Walter 240
Way 177
Rhoads 164
Benedetti 158
Legg 153
Stanly 149
Charles Legg
You know as every one else does the position should have went to Jessica. The only reason you did is because you will agree and do as the mayor tells you. Jessica has a mind of her own and will speak it unlike your self. You should do the right thing and step down!
ReplyDeleteI disagree with both of you. You two people on this blog are so narrow minded you are useless. Mr. Leg was appointed, why continue to nag him. You are the person that should be ashamed. Say someting constructive.
ReplyDeleteMr. Legg was appointed because the mayor new she could pull his strings just like the rest of coun cil. She was afraid of Jessica because she knew she would probably have met her match. Don't call me narrow minded, I'm smart enough to figure out what is going on, you must be another one of those council members, that for a better choice of words, follow Mr.. Legg in the pulling of the strings on the 2nd Monday of the month.
ReplyDeleteI am not a puppet for anyone including the Mayor. I am the only Council member who replies to comments on this blog with his real name. I am the only Council member who is attempting to answer questions on this blog, including those asked by Mr. Benedetti. Why don't you speak up at Council meetings? I am trying to bring parties together, you on the other hand, appear to want to divide people. Enough said.
ReplyDeleteCharles Legg
Charles I do appreciate your participation and I hope it will continue. I,m sorry about the abuse you are getting from my "supporters". But the Village was in a unusual situation, where there was a open Council position at the time of a election. You could say there were 3 seats available, and the Democratic way to have decided who was on Council would have been to have the top 3 in the recent election. But the Minerva Park way is to exercise their right to override the Democratic process, because they fell you are more qualified and experienced, than Jessica and myself. So when you come on this blog and say some of the things you have said, which I believe show that you may not be as qualified as some of the other candidates for Council. Don't be surprised if some people take out there hostilities on you because their right to have someone they consider qualified was over ruled by Council. I understand why you applied for the open position I don't understand why you accepted it. It goes against the spirit of the democracy that we all hold so near to our hearts. That's why people use the word ashamed.
ReplyDeleteTony, please provide examples of why I am not qualified or do not have the experience to sit on Council. Not agreeing with you and your supports has nothing to do with qualification and experience. I am not being smug or sarcastic, just interested in your reasons why you feel I am unqualified and lack experience.
DeleteAlso, did I answer your questions sufficiently concerning the home occupation permits? I spent a lot of time and effort in attempting to cover all the points of your question and hope my time was not wasted.
Charles Legg
Such a blog of crap!!!!!!!!!!!!!!!!!!!
ReplyDeleteCharles I got to go to work, I,ll explain when I get home. Your time will not be wasted. Thanks
ReplyDeleteAll other topics aside, I'd like to make note on the revision of the codes.
ReplyDeleteCharles, you mentioned that residents can voice their opinions about the revision of codes.
I (and I have a feeling some other residents) would like to see this ability made public. In other words, something in The Villager or on the website (preferably both) so that attention can be drawn to the idea and perhaps some new participation will be brought in from the residents.
How can residents get involved if they're not aware of their opportunities?
At this rate, the only ones who are going to remain involved are the ones who take the time and effort to stay involved, either because of their own displeasure with the current system, or because of their own interest with the current system. I'd like to see more opportunities given to the residents to voice their opinions on topics as they come up, rather than just at Coffee with Council or the 9 minutes afforded total in council meetings. Both methods in which residents have to seek out attention from council, rather than being asked for their input on a particular topic.
When an issue/revision like this comes up, I think it's more than appropriate that residents be called to share their thoughts on things. It is the residents who live with the codes, they should be offered insight into what and when things are being changed, or a chance to voice their thoughts on issues they already have.
I know that may bring more work for the P&Z commission, but a resident may have valid concerns or solutions.
Realistically, there probably won't be much resident feedback, but the fact that the opportunity is publicized and shared says a lot. Or the fact that it is not can say about as much as we currently have.
Opportunities like this need to be highlighted, not withheld like they seem to have been in the past.
--Jessica Rhoads
Jessica, I do not disagree with you and would encourage constructive input from the residences concerning updating the zoning codes. I will attempt to keep residences updated and would like to have a town meeting or two as the revision of the codes get to the point where drafts can be shared with residences.
DeleteHowever (and you know one was coming), some residences (appears a lot of them who leave comments on this blog) do not want to work cooperatively together. Zoning codes are complex and involve more than the residential aspects of the Village, a few examples being helicopter landing areas, storm sewers, and commercial buildings. The reading of the codes can be somewhat boring and tedious, but anyone who is seriously interested would be welcome to participate. By participating, I mean providing constructive input, not just saying “I don’t like it!”.
As you have pointed out on earlier blogs, the current codes are available for all to read on the Minerva Park website.
Charles Legg
Mr. Legg, it is your biased opinion that some residences do not want to work cooperatively together. Some of those resident's opinion might be that you and others of like mind do not want to work cooperatively together. You seem to make many subjective comments such as that which are not constructive in nature and are likely to create a larger gap instead of going in a direction to bring things together.
DeleteCharles,
DeleteWhile I think I understand the point you're trying to make with most of that, the response you gave has a touch of the tone that Council seems to give any resident who is interested in speaking their mind.
Personally, intended or not, I think it came off a little condescending.
Yes, zoning codes are complex. Yes, there are more than just residential codes (of course there are, and residents may be just as concerned about the codes governing the commercial districts within Minerva Park). And yes, there will be people who don't want to work cooperatively together.
However, just because some residents may be seen as less than cooperative, doesn't mean it's not on both parties to be cooperative. Just because someone is elected or appointed or hired into a position doesn't mean their decisions are golden and can't be rethought. No personalities intended here, just a point I feel needs made.
There is a history of noncooperation in the Park that has been here since my family moved in, long before I had the mind to get involved, in 1995. Some administration may have changed since then, but the level of cooperation has only gotten worse.
It's not just naysayers or people saying "I don't like it".
There may be codes about where to land a helicopter, and storm drain engineering, etc, however I doubt there will be issues with any residents trying to reconstruct the wording on such complex topics without an engineering degree.
Residents may, however, see issues with something that has come in their path in the past or something their neighbors have done that they feel should be regulated with codes.
There will always be discrepancy, but if someone takes the time to approach the planning and zoning commission because they were notified of it, that is the beginning of working together.
You and I well know that the "naysayers" or "residents who comment on this blog" are likely already going to have found out that the opportunity was coming up through their own research and watchful eyes. And I know that their opinions wouldn't be listened to anyway when they do take it upon themselves to approach council, or the administration of the Village, based on what I've already seen.
The point of making the opportunity more public is to hope to reduce the apathy that residents do have. IF there is any new response, some will likely have issues; but the first step toward working with those with opposing opinions is asking them for their input, rather than waiting until they're angry and seeing out their opportunity to speak.
Besides, the response that "you had your opportunity to speak about this earlier" will be much more legitimate at that point if there is an actual call to residents, when the issues are being worked out appropriately.
Just because residents may take interest in some of the code, doesn't mean they want to argue or peruse all of it. And just because one is concerned with a code about, say, signage, doesn't mean they need a sociology degree.
Residents are why the village is here, why there are codes, and those who have to live with the codes. They should at least be heard and aware of them, and the opportunity to do so.
--Jessica Rhoads
You go girl
ReplyDeleteCharles I would like to explain why I said what I said about your qualification. Your response about Home Occupations will help to explain. What I said was that " you may not be as qualified as some of the other candidates", not that you are unqualified. To me this is an example of how you and many of the Village Officials read something and take away a different meaning than intended. In your response about Home Occupations, you said that we didn't have a full time Village Engineer. We do have a Village Engineer,so I'm not sure what your talking about when you say that Sara is the Agent for the Village Engineer. In your reply after your disclaimer and the reprint of what I had said the first thing you say isn't accurate and then you go on to appoint Sara as an Agent for the Village Engineer. Did you check with Mike Flickinger about this. I believe a more qualified Council Person would check out what he is saying before he publicly starts talking about what the rules are. I have already corrected many of the things you have said. So that's why I say your not as qualified as some of the other candidates. The Council got exactly what they wanted, A good lieutenant who will grab the hose and charge into the fire. The problem is that the rest of the Council has left you holding the hose alone. We could argue about what the code does and doesn't say till the cows come home. What we need to do is decide what we want the codes to be, and make the necessary changes. I have been going to the Council Meetings for more than three years now saying the same thing. When are you going to stop blaming me and my supports for not working towards a solution. The ball HAS BEEN in your court, do something!
ReplyDeleteTony,
DeleteI can see where perhaps Charles meant we don't have a full time Village Engineer's office to take permit requests. Therefore the position is transferred to the Planning and Zoning Clerk, a position held by Sara Schumacher.
However, be that the case, wouldn't she be taking it for the Engineer and not the Planning and Zoning Commission? The two are not one and the same. But I think we all have this process a little backwards...evidence the code needs revised.
The Village Code on the matter says:
"...shall be required to obtain a permit from the Village Engineer or his or her agent."
That is the obtaining of the permit, not the application of the permit.
From a combination of this code and the Village Website, I gather that permit requests for ...anything?...including home occupations, are to be submitted to the Planning and Zoning Commission, at least two weeks before the upcoming meeting. It is at that point that the Commission votes/decides, and you can have your permit "the next day". I assume this is the "Village Engineer or his or her agent" part.
--Jessica Rhoads
Thanks Jessica for your support. As I said earlier, I am the only Council member that is posting comments on this blog under my own name. I believe that is "doing something".
Delete-Charles Legg
I see this as another example of the codes needing revised.
DeleteI'm not too sure I understand the process in writing, and even if I have the right idea, it took a lot of deciphering to get there. That leaves a lot of room for interpretation and that's the type of thing that I see needing changed in the codes. There doesn't seem to be a clear cut way of doing things.
There will always be needs for exceptions or some interpretation at times (operative words -- at times) in coding, but something as simple as the process for obtaining permits and a general sense of when to get a permit should be in writing, not "come talk to us" or "call the Zoning Clerk". That puts a lot of emphasis on things being done case-by-case and not equally for all residents.
--Jessica Rhoads
Jessica,
DeleteAll codes and laws are open to interpretation, that is why we have lawyers, judges, and the court system. You make money and pay a percentage to the government. Seems simple yet there are over 70,000 pages of tax code.
And I agree that situations often call for case by case rulings. That is why we review permit requests at Planning and Zoning and that Council can approve variances to the code. It is a system of codes, laws, and decision makers. It is the United States of America. Ruling people is always easier under a dictatorship, you disagree, you disappear. I believe our system, with it's flaws, is still better.
-Charles Legg
It's the amount left to interpretation and the reliance on this garbage term "interpretation" that has caused a lot of the issues we have.
DeleteYes, we have to leave it to the professionals to interpret at times, but the operative word is at times.
--Jessica Rhoads
Charles, I should have said the ball HAS BEEN in Council's court, not yours. What I see you " doing" is trying to interpret the codes to fit the way the codes have been enforced. Stop trying to defend something that is obviously flawed, your time could be better spent fixing the problem. Here is another example of why I feel others are more qualified than you. I do appreciate you trying to help but when come on this blog and say things that don't make sense it doesn't help. Remember, your on Council now you should try to strive for a higher standard than my supporters.
ReplyDeleteTony,
DeleteYou asked Council questions, I was trying to answer some of your questions in detail.
You say I don't make sense, then I guess I will shut up and stop posting comments to your questions, it is a waste of my time.
I am disappointed in you Tony, but then I was warned that I was wasting my time. I had faith that if I was fair and attempted to provide real dialog with you, we could close the gap between you and Council. I should have listened to the advice given to me by others (no, not the Mayor). If I told you you were 100% right, you would find fault with me and find some point to argue with me in that I was wrong.
At the last council meeting you bragged about the 158 votes you received, yet when you total your votes and Jessica's, they only represent 30 percent of the votes. That means 70% of the voters do did not support your ideas. That puts your 158 votes into perspective, you are in the minority of voting Village residences. Good luck.
-Charles
This "I was warned" and "wasting my time" is what both "sides" of the issues need to move away from.
DeleteI have certainly felt the same way at times, and I don't doubt that Tony has felt that way as well. No one wants to get in a "you're wrong" match endlessly, but the way things are right now in the park, it's obvious there are issues beyond just personal interests.
There wouldn't be continual lawsuits, claims of hostile work environments, a police chief who is surrounded in controversy (which she has brought to our police department), missing public records, and a generally condescending attitude to the residents who do take the time to show up and get involved at council meetings.
If these issues are just Tony's exaggeration, why do they continually keep expanding?
--Jessica Rhoads
Charles with your attitude! You will be right there getting sued like the other council members
ReplyDeleteOh yes Mr. Benedetti, while you are reading codes, make sure you check out 2925.14(C1) and 2925.11 of the Ohio Revised Codes. I am sure you will find your own interpretation of those codes as they relate to you.
ReplyDelete-Charles
It is a shame for someone that has complained about postings on this blog as you have Charles to take such opportunities to make such comments. Makes it hard to believe any time you make claims about trying to bring people together. Of course based on what I heard from you at candidates night it is not surprising that Mr. Benedetti got more votes than you which is an indication more seem to agree with his interpretation than yours.
DeleteI don't interpret the code any different than you do, I have never said that I didn't do anything wrong. That's what you and Council do when you are told you are doing something wrong, not me. Charles you had less votes than I did, so your logic doesn't make sense. No one got a majority of the votes, does that mean their opinions don't matter. I don't expect everyone to agree with me, but to say I will never be happy isn't fair. I,m sorry to see you stop participating in this discussion, You are trying and for that I'm thankful.
ReplyDeleteCharles you have threaten us before about your postings. Please stop posting. Just because you were on the fire dept. does not give you more rights then others IE. Running a bus out of your house. And thing you know it all. What? Have you have been sitting in Jessica's seat what for 3 week know and your the one to look to. NOT!! THE PEOPLE SPOKE THEY DID NOT WANT YOU! Crawl back under Lynn's skirt!
ReplyDeleteYour nothing but Pom pass and talk down to the people!
Anonymous: Maybe I will stay around just so you can make comments that make no sense. That appears to bring you great joy.
DeleteAnd by the way, there is no way in the world I could run a bus out of my home. The word is business, but then maybe you do not know how to spell business, just like pompous. Sorry, I guess I am talking down to you, but then you are hiding under that anonymous rock of yours.
- Charles
Tony and Jessica for President !!!!!!!!!!!!!
ReplyDeleteHope you get the point.
Oh, maybe I mean Mayor and Chief of Police or head of council. Surely, there has to be a place somewhere for you guys. You make more sense in one statement, than the rest of them do in one or two consecutive paragraphs.
Good Luck,
That's Ok! Charles You can make fun and point the finger at myself and Tony like you have in blog above.But your just like the other people on Council. You will never answerer the Question. I have been targeted that is why i go under anonymous. Just look at what they did to Jason Gross.Just tell me how you like sitting in a Woman's seat? Jessica seat!
ReplyDeleteI think we all know who Mr. Anonymous is! He's using the being 'targeted' excuse for being a wimp and a coward, grow up will ya! If you were a REAL man then you would stand behind your name or come out and say what you want to the person's face rather than hide behind an anonymous curtain!!
ReplyDeleteCharles, how does it feel to know you were hand picked to fit in amongst the rest of the "yes ma'ams" that are on council. Incapable of thinking, doing and being for yourself. I wouldn't want to be under the mayor's skirt, on her side or be around here. You can poke fun at those questioning issues all you want because it only serves the purpose to show how much of an idiot you are too. Jessica and Tony should realize that until the mayor is gone, nothing will change. She hand picks whatever idiots she can find that will do her deeds for her. Are you really so blind to not know that the mayor isn't invincible? She herself screwed up soo much so that she is being sued over the Jason Gross incident!!!! You want to be along side someone like that then you will get all that is coming to you. Enjoy your ride on her skirt b/c it won't be very long!
ReplyDeletePoint of fact (again), the Mayor did not fill the vacant seat, Council Members filled it.
ReplyDeletePoint two; I have never "poked fun" of the issues that Tony or Jessica has raised. On the contrary, I have tried to have civil dialog concerning some of the subjects, but you cannot have a civil dialog when the questioning party keeps objecting to want you say with more contrary questions.
I do give credit to Jessica as she seems to be willing to try and have an intelligent dialog with me on this blog. There is so much anger with the anonymous people who post on this blog, that I believe they will never be happy living in Minerva Park no matter who is mayor or on Council.
Jessica said earlier in this blog post: “There is a history of noncooperation in the Park that has been here since my family moved in, long before I had the mind to get involved, in 1995.” If that is true, then that precedes the current Mayor and most of the Council members. So what is the real issue in the Village? Is it contempt of a few for authority in general?
Sometimes I feel like I live in Wonderland (Alice in Wonderland) when dealing with dissenters on this blog. Many of you say I do not make sense, but it seems the reverse is truer. If those out there are really unhappy with the local government you should possibly follow John F. Kennedy’s advice: “Don’t ask what your county (village) can do for you, but ask what YOU can do for your country (Village).
- Charles
Then what was that blog Jan 18th about Tony? Things you should keep your mouth shut about!
ReplyDeleteYour comment above makes no sense out of context.
ReplyDeleteThis comment has been removed by a blog administrator.
ReplyDeleteAnonymous comments like that just prove your ignorance concerning written language, please explain where in that report you see anything about distribution. That's a far jump to deem a user a full fledged dealer. Also I feel as bashful you are and the obvious amount of ignorance you possess I feel you being a parent would be far worse than that of Mr.Benedetti, at least he can read.
DeleteThis comment has been removed by a blog administrator.
DeleteComments such as Donald has made makes me wonder if people such as him could benefit from some type of drug to obtain a better attitude, or at least benefit everyone else by sparing the rest of us from their insinuations that are clearly designed to label others based on association. Maybe a change of the company kept would benefit people such as him.
DeleteAbove comments have been removed by request.
DeleteSorry you feel that way, come to Coffee with Council and we can talk about it.
ReplyDeleteThat is the same bs. Charles was talking about on the 18th and was told he should keep his mouth shut about. I sure would hate to start talking about that behavior. Some of the people in higher positions might have some skeletons come out!
ReplyDeleteSome in lower positions such as residents also. Be careful what you wish for. The skeleton may be yours.
ReplyDeleteCharles, It's not Wonderland that you live in. It's "Never/Neverland." The mayor, chief and council walk around with their heads up their asses acting as though you are all infallible and that nothing in the "real" world applies to any of you. You all have complete disregard for the how decisions the mayor makes (b/c the rest of you are all followers and can't create your own thoughts/decisions)are going to effect those she comes down on. Example Officer Gross. How many people have had a 3 week unpaid suspension for a conversation? Anyone in the village capable of going 3 weeks unpaid and supporting their everyday lives? They can't even follow their own written policies and change things as need to fit their own lives. It's really going to be hard to swallow when you enter "reality" and see that you, the mayor and rest of council cannot treat people like this. And as someone who doesn't live in Minerva Park, you are not well spoken and are quite unprofessional in the way you speak. I can't believe how you communicate with the residents in this area and hope you don't conduct yourself like this "in the real world."
ReplyDeleteWell said to the above!!!
ReplyDeleteI'm confused. Wasn't Officer Gross terminated in July? If that is the case then why was he suspended for 3 weeks w/o pay after he was re-hired. It looks like to me that the termination would have covered whatever you and your trutsy Lt. had decided that was so bad in the first damm place for him to have been terminated. As an outsider looking in, If all of these law suits that have been filed against the Mayor , the Chief, and the council, is over a "conversation" then Minerva Park is in a state of emergency. Wow people you really need to start going to these meetings and demand some answers as to why this is happening. I agree with the blog as well, very well said. Good Luck Officer Gross, you deserve RESPECT for doing your job. From the people that I have spoken to, you are a great officer and that you have done nothing wrong, and to have to put up with this crap is unacceptable. Keep doing what you're doing, protecting the Village of Minerva Park.
ReplyDelete