FIRST IN A SERIES ON CANTON GOV'T FINANCES: CANTON'S "DEFICIT" FINANCES CAUSING LAW DIRECTOR JOE MARTUCCIO A MAJOR HEADACHE?

UPDATED:  11:16 AM

VIDEOS

Canton Law Director

Joe Martuccio

Pleads for $50,000 More in His Budget

....

Finance Chairman John Mariol

Speaks

to the

Issue

...

Citizen Pete DiGiacomo

Support

Martuccio Request

One can be sure that Canton mayor Thomas Bernabei would like nothing better than to come out full bore in favor of Law Director Joe Martuccio getting $50,000 added to the law department's annual operating budget.

Watch Martuccio's plea at Monday night's (July 17, 2017) council meeting.



For one thing, Martuccio likely is law director today because he received the blessing or former law director Thomas Bernabei some 17 years ago when he gave up the position.

For another thing, Martuccio was among the first high ranking Canton city officials to come out for Bernabei in 2015 when Bernabei announced that he was abandoning the Stark County Democratic Party to become a political "independent" to take on third-term-seeking-Democrat William J. Healy, II for the mayorship of Canton.

But Bernabei sat back and watched on Monday as Martuccio twisted in the political winds of Canton City Council as members were seemingly at a loss as how to accommodate Canton's long time law director in light of the 2017 projected shortfall expenditures over revenues leaving about Three-Thousand-Dollars to carryover to 2018.

In the video Martuccio's main finances-based justification for council to act on his request was his office's highly successful negotiation with utilities proving utility service to Canton government and a resultant claimed by Martuccio savings to Canton of "hundreds of thousand of dollars, if not a million, in utility costs to Canton over the next several years.

There is a problem with this justification.

Finance director Mark Crouse tells the SCPR that it is likely that whatever revenues show up in Canton financial portfolio will likely be deposits into Canton's enterprise fund (users pay) operations and very little if any into Canton's general fund.

Hence the struggle on the part of council to find funding with which to fund the hiring of a new lawyer in the law department.

Director Martuccio points out to the SCPR that his staff provides legal services to several Canton enterprise fund operations and therefore there is justification from his perspective of tapping those funds as a means of financing the $50,000 he has asked for.

The better argument for saving Canton's stressed finances money was his expressed reluctance to hire out to private legal counsel on a project-by-project basis at $200 per hour which—compared at about $50,000 to support an additional in-house hire—would get Canton only 250 hours of legal work contrasted to about 2,080 added capability for an in-house hire.

Watch finance committee chairman John Mariol (Ward 7 Democrat) as he responds to a Stark County Political Report query on Martuccio's request.



I asked the mayor to weigh in on the matter post-council-work-session.

He declined saying that restoring $50,000 of a 2017 law department reduction of $90,000 was a council matter and not an administration matter.

In all due respect to the mayor whom I have cited as being "far and away" Stark County's most capable most disciplined and most future calculating government leader; I believe that the mayor has likely weighed-in "off-the-record."

I can't get anybody to say it, but I think Bernabei has told council leaders privately that restoring the $50,000 would send a message to the rest of general fund funded departments of government that their respective reductions in budget are "elastic" and one can override the fiscal discipline that the mayor has instituted by in effect going over his head and pleading with council as Martuccio did on Monday.

You can bet your bottom dollar that Martuccio absolutely hated to be doing so on Monday especially in light of Bernabei being his mentor and political benefactor.  However, he does say that he thinks the $90,000 or so cut was disproportional to cuts made to other general fund funded departments of Canton government.

It appears that council under Mariol's finance committee chairmanship will find a way to muster up the $50,000 so that the law department can be better positioned to deal with the massive infusion of legal work that has inundated the department over the past year or so.

Yesterday, the SCPR reported in a third blog on a continuing series on the headache that Canton has on its hand with the recent revelation of a Rover pipeline contaminated (with diesel fuel) drilling mud spill near Canton's most vital financial/economic resource that being its abundant water supply and a concern that the contamination could potentially leach into that supply.

The law department is devoting hours and hours of its in-short-supply "time" resources to ensure in a legal monitoring context that Canton is protected by state (OhoEPA) and federal (FERC) regulators and, alternatively, to set Canton up to recover from the perpetrator of the spill losses that Canton might incur as a consequence of the spill.

Beside the Rover pipeline matter, there are other more or less unexpected matters that require large time expenditures in legal analysis.

One such major item is the complexity of working with Pro Football Hall of Fame officials in working out financial (i.e. special sales tax district) and property matters for the $700/$800 million dollars "Village" project that was announced a couple of years ago.

And then there are items like the desire of council to weigh in on the president's announced intention to withdraw America from the Paris Climate Accords.

Martuccio says that because of the influx of work generally he has had putting together a legally appropriate resolution/ordinance on the backburner.

It appears that council will at its July 31st meeting come up with a way to finance a new lawyer position in the Canton law department.

Sometimes citizens do not see the ramifications of deficit budgets in concrete terms.

Here is a video of Citizen Pete DiGiacomo at Monday's meeting.



He seems to think that it is relatively easy for Mariol et al to find a mere $50,000 out of a $50,000 million plus annual budget.

But it isn't

Lurking in the background of this is the stir caused by Stark County clerk of courts Louis Giavasis in a recent Facebook post that he has been encouraged by dozens of Cantonians to challenge Bernabei's continuation beyond 2019, should he decide to run.

While I think Giavasis is doing a Donald Trump in terms of engaging excessive, braggadocio talk, Cantonians who care about the long term welfare of Canton government should take the Giavasis threat seriously.

Ward 9 councilman Frank Morris (majority leader [only Democrats hold council positions in Canton]) has come out of the political closet to endorse Giavasis more than two years before the election.

Giavasis said he would provide the SCPR other names.

To-date, nothing.  Hmmm?  Why is Giavais hiding those names?

Just as it appears that Trump is plunging America into the dark ages of politics and government, I think Louis Giavasis as mayor would be a complete reversal of all the very, very,very difficult fiscal discipline and responsibility work that Mayor Bernabei has instituted.

Louis Giavasis as mayor of Canton would be a return to the days of William J. Healy, II, if not worse.

Of course, it was on Phil Giavasis watch as Dems' Stark County chair that Bernabei bolted to "independent" status in order to take on Healy.

Maybe a little revenge factor at play with Louis' threat to run against Bernabei?

Maybe, just maybe, no?

One of the touchstones of effective fiscal work is sustainability of whatever financial obligations a government takes on.

"Sustainability, " in a word, is the most significant factor of John Mariol's uttered words in the above-presented video.

The SCPR applauds Canton council under Mariol's leadership in vetting the continuing financial viability of granting Law Director Martuccio's work.

When council acts to approve Martuccio's request, members should make it clear that council fully support the Bernabei instituted fiscal austerity and that the law department deviation is merited by an infusion of unforeseen legal work into the law department's operations.

This blog is the first in a series in which the SCPR will be taking a detailed look at Canton's financial picture.

THE BATTLE FOR "THE SOUL OF CANTON?"

A number of Canton councilpersons tell the SCPR that "all Hell broke loose" (The Report's interpretation) at last night's council meeting.

Chances are normally pretty good that the SCPR would have been there to video record the event "blow-by-blow."  However, yours truly underwent surgery on Thursday of last week and is not quite up to making it out to local government meetings.

But of course the SCPR has a rich base of "on the scene" resources upon which to write a blog.

One might ask, why the need to write a blog (an opinion supported by data/facts) on a matter that appears to be nothing more than a turf war: that is to say a "ward councilperson perspective" versus "Canton as a whole councilpersons?"

Answer:  The SCPR thinks this battle is one of a number that have been fought and will continue to surface as Canton's government sorts out "what really is important" for the Hall of Fame city to drag itself out of decades of decline.

The fight going on among Canton city council members appears to be the age old among humans "short-term" versus "long-term."

Last night the short-termers where Councilwoman (and assistant majority leader) Chris Smith, Ward 4 and Councilman David Dougherty, Ward 7 (former majority leader).

Interestingly enough, the SCPR thinks Dougherty was ousted as majority leader January, 2014 because he had run afoul of Canton City Council president Allen Schulman who clearly is foremost among council's long term thinking councilpersons.

And, the SCPR is told (which Schulman vehemently denies), that President Schulman has been working "behind the scenes" to replace Smith as assistant majority leader (1st vice president) because of her opposition to recent council initiatives including the Onesto Loft project and the $5 million that Canton has designated for the long term economic development project known as the Hall of Fame Village.

And, it could be that after last night's performance, Vice President and Majority Leader of council Frank Morris (in more or less siding with the visionaries) has extricated himself from Schulman's "hit list" inasmuch as he too in the last SCPR City of Canton government blog was said to be on "the wrong side of" President Schulman.

What prompted last night's fight?

Answer:  The repaving of Fulton Road Northwest from it terminus at Tuscarawas Street Northwest to out at the city limits which is at point beyond the Pro Football Hall of Fame complex.

The short-termers are furious that $400,000 set aside recently to be used for road maintenance projects "in the wards" is now being proposed to be tapped into in order for Canton to come up with "the local match" dollars needed for Canton to get $1.25 million in state of Ohio and federal grant monies with which to repave Fulton.

There is no doubt that one way or another Canton WILL come up with "the local match" to get the $1.25 million.

Can you imagine the political ruckus that foregoing $1.25 million would create in Canton?

The SCPR would daresay that such an occurrence would doom Dougherty and Smith in the November elections.

Though neither has a Democratic opponent in the May primary, should Dougherty and Smith convince five other councilpersons to join them in defeating the diversion of the $400,000 to the Fulton Road project (which the SCPR thinks is highly unlikely); does anybody doubt that an "independent" candidate will file before the May 4th filing deadline?

Such fate is not likely what Dougherty and Smith have to look out for.

What should be of concern to these short-termers is the "long-term" effect on their respective relationships with their fellow councilpersons.

It should be instructive to both that, though we live in a deliberative democratic-republic in which legislative debate is prized; if they are perceived "overall" to be on the wrong side of issues important to the power brokers, their devotion to their respective wards in council deliberations may be retributed upon by the "real" powers in Canton City Council.

The SCPR appreciates Dougherty and Smith "standing their ground" on last night's issue and encourages them in their short-term pursuits for the interests of their respective wards.

However, on this issue The Report agrees with the long-termers.

That we can disagree with one another in the United States of America without retribution is a quality that sets us apart from the rest of the world.

Of course the stakes were much higher.

But we saw in Russia this past weekend how some body politics handle their disputes.

To The Report, the blog of February 17th (though denied by Schulman), is this writer's contribution to the notion that we Americans can disagree in a deeply felt manner and life goes on as before.

And such should be the case on the Fulton Road repave issue.

Councilman Bill Smuckler (at-large; formerly a ward councilman) tells the SCPR is that he is working on a plan to satisfy both "the local match" problem and going ahead with the $400,000 neighborhood street repair plans.

He says that he is working with Canton's finance director to find those dollars in the nooks and crannies of Canton city finances and thereby satisfy both the short-termers and long-termers.

Another top-flight Canton councilman is Ward 8 councilman Edmond Mack.

The SCPR queried Mack and other councilpersons about their reaction to last night's session.

Here is what he has to say:

RE: Fulton Road Matter

        Edmond J. Mack
        Today at 10:31 AM

To: tramols@att.net

Thanks for the note, Martin.

The Fulton Road NW re-surfacing project is simply a no-brainer.  It is a major corridor in our City.  This road is not only a residential thoroughfare, but it connects our major tourist attraction, the Pro Football Hall of Fame, with our downtown and arts district.  And anyone who has driven on this road recently knows that it is in absolutely deplorable condition.  Though this road is not in my ward, the economics are clear – if we have the opportunity to accept a grant that pays 80% of this desperately needed project, we capitalize on the opportunity.  Regardless of the ward a particular councilperson may represent, the policy conclusion that should be drawn is obvious.  End of story.

Regrettably, last night’s council meeting devolved into a ward versus ward turf battle, with members criticizing the Fulton Road project as an expense to their ward’s self-interest.  This was very disappointing.  While each ward councilmember has an obligation to advocate for their respective ward, fighting for a member’s ward should not come at the expense of the City as a whole.  We have made much progress overcoming this old “ward versus ward” mindset, and it seems as if last night was a bit of a backslide.  The fact of the matter is that we all rise and fall together.

All of our wards – including my own – have been the recent beneficiary of critical infrastructure grants.  E.g., The 55th Street NE Improvement Project (Ward 8:  $1.1 Million); Sherrick Road SE Resurfacing (Ward 4:  $1.27 Million); 12th Street NE /Mahoning Road NE Corridor Project (Wards 2 and 6:  $53.55 million); Southeast Community Center Spray Park (Ward 4: $556,363).  These projects provide an undeniable ROI, often at rates in excess of 400%.  We should therefore encourage the utilization of these grants on projects that are needed, such as the Fulton Road NW project.  Not opposing them simply because they are not in our respective ward.

I do believe, however, that yesterday’s backslide was temporary.  It was simply a manifestation of the frustration all of us on Council feel regarding the extremely limited resources we have to manage our City’s roadways and infrastructure.  The funding cuts imposed upon us by the Columbus State Legislators are very real and very deep.  We are all human with human emotions, and our frustration will invariably express itself from time to time.  Nevertheless, we have a very good City Council, and I believe every one of us are serving for the right reasons.  I predict that the vote on the Fulton Road NW project will be unanimous, and our body will maintain its excellent work of collectively moving our City forward.

Sincerely,

Edmond J. Mack
Canton Council, Ward 8

In last night's meeting there was the offer by Councilman Morris to release some $120,000 of the $400,000 for projects in Ward 9 to help reach "the local match."

Also, Ward 5 councilman Kevin Fisher tells the SCPR that he is willing to join Morris in his offer by offering to forego some $57,000 of the $400,000 dedicated to his ward.

This folks is mature leadership and being responsible councilpersons.

The SCPR compliments Morris and Fisher for stepping forward with their offer.

Both short-term and long-term interest are legitimate in terms of dealing with city priorities.

The players (Canton's councilpersons and leadership) need to cultivate a climate of satisfying both in the give and take of council's proceedings.

It looks to the SCPR that the actions of Morris, Fisher and Smuckler are in the right direction.

In order for "the soul of Canton" to be saved consistent with the American structure of government, it is imperative that various ward and citywide interests be debated and resolved without there being a lingering ill feeling and possible retribution hanging in the air!

SCPR 2013 EDITION OF STARK COUNTY PUBLIC OFFICIAL, PUBLIC FIGURE NEW YEAR'S RESOLUTION

DISCUSSION: CANTON CITY COUNCIL RACES - 9TH WARD

Will the STARK COUNTY POLITICAL REPORT (The Report) cover ward races in the city of Canton. Of course. Candidates who wish to get their points-of-view out to the voters (ward or council-at-large) contact The Report at tramols@att.net or 330-699-5002.

Today, The Report feature Frank Morris who is running against the venerable Joe Carbenia.

Party officials (Democratic and Republican, but especially Republicans) do not like party primary fights. Plus in the city of Canton there aren't enough Republicans to have a contest.

But no so with Canton's Democrats. Look at the council-at-large field. Ten candidates for one seat.

One seat, aren't there three?

Yes, but does anyone really think Smuckler and Cirelli are going to lose?

Back to the 9th and Frank Morris versus organized labor friend Joe Carbenia (a long time member of and official of the Canton fire fighters union).What else does Morris have to say about Carbenia and his fellows on Canton City Council. Here is his statement to The Report:

Their attitude of business as usual needs to stop because it is not business as usual. this country is in serious trouble and local government needs to tighten their belts like so many of us.

There is no honesty in city government either, council raise the parking meters fee and increased ticket prices to " Increase the amount of shoppers in downtown" what are we stupid!!!

RedFlex is for our safety not revenue, but the first two minutes of the presentation showed a traffic accident that was caught on tape???
Guess the system does prevent accidents does it.

City council can no longer operate as they have in the past, it's time to think outside of the box.

Mr. Carbenia is not letting the voice of ward 9 be heard in council, he has become business as usual.

To find out more about Morris here is a link (CLICK HERE) to his website.

Is Morris a threat to defeat Carbenia?