How to Oppose the Formation of a Conservancy District
IF YOU OPPOSE THE FORMATION OF A CONSERVANCY DISTRICT: 1) Educate yourself on the topic – see Publicity/Press Reports tab 2) Sign or circulate a Petition in Opposition – The main objective of CYC is to educate the residents within the watershed about both sides of this issue. Should they sign the petitions being circulated to create such a district, we ask only that they understand the implications of their signature; should they oppose the formation of such a district, as do we, we would ask that they consider signing a second petition – one that states that we want to preserve and protect the treasure that is Yellow Creek, but that we choose to explore better, more representative options for doing so. Note: To circulate a petition, you as the circulator, must witness every signature.

 

3) Rescind your signature from the petition for a conservancy district – If you believe you have signed the Yellow Creek Watershed Conservancy District petition without full knowledge or understanding and you would like your name removed from the petition, you will need to complete an affidavit (checking the YES boxes if you are opposed) and have your signature notarized (your bank or attorney can provide that service, as well as many others), and return the original to: Amy Bowers, 2750 Walnut Ridge Road, Akron, 44333. CYC suggests keeping a copy for your records. CYC will accumulate the affidavits and present them with proper legal representation to the court when appropriate.

 

 

LETTER TO CITIZENS EXPLAINING SIGNATURE RESCISSION

AMY BOWERS

citizensforyellowcreek.org

 

 

You have been listed as a signer on a petition submitted to the Summit County Common Pleas Court in support of the establishment of the Yellow Creek Watershed Conservancy District, by The Yellow Creek Foundation.

 

We understand there are people who signed the petition not fully comprehending the implications of establishing a conservancy district. This letter is designed to further inform the community.

 

Establishing any conservancy in Ohio but in this case the Yellow Creek Watershed Conservancy District would permit the governing board to:

 

• Have UNLIMITED authority to assess ALL costs to operate the district on ALL property owners within the district, regardless of whether that property is or is not affected by Yellow Creek flooding.

• Create an entirely new government bureaucracy that is UNACCOUNTABLE to residents within the District. Residents and governments (cities, townships, villages) within the District would have no input on all matters regarding the District, including governance, management and assessments levied.

• Benefit the interests of a comparatively FEW private property owners in the district at the expense of EVERY property owner in the District.

• Have the power of eminent domain and therefore can force the sale of private property to achieve the goals of the conservancy.

I am a member of the group Citizens for Yellow Creek, which is actively seeking solutions for Yellow Creek that are not flawed by the concerns enumerated above. One of our efforts includes reaching out to petition signers to ensure they fully understood the ramifications of the conservancy district formation and would like to discuss this and/or rescind your signature.

 

If you believe you have signed the Yellow Creek Watershed Conservancy District petition without full knowledge or understanding, and you would like your name removed from the petition, you will need to complete the enclosed affidavit and have your signature notarized (your bank or attorney can provide that service, as well as many others), and return the original to me at 2750 Walnut Ridge Road, Akron, 44333. I suggest keeping a copy for your records. We will accumulate the affidavits and present them to the court when appropriate.  Please check the YES boxes if you are opposed.

 

If you have any questions or need additional information, you can email me at abowers27@roadrunner.com or call me at 330-958-3959.  With your permission, I can add your name to the email list for Citizens for Yellow Creek for updates and instructions on how to get involved in fighting the establishment of a watershed conservancy district for Yellow Creek.

 

Sincerely,

Amy G Bowers

 

 

 

IN THE COURT OF COMMON PLEAS

SUMMIT COUNTY, OHIO

 

IN THE MATTER OF:       Case Number 2017-04-1511

 

PETITION TO ESTABLISH THE    Judge Alison Breaux

YELLOW CREEK WATERSHED

CONSERVANCY DISTRICT AFFIDAVIT OF PETITIONER TO WITHDRAW SIGNATURE

 

 

The undersigned, being first duly sworn according to law, states as follows:

1. I reside at: ______________________________________________________.

 

2. I am a resident of Summit County, Ohio and reside within the Yellow Creek Watershed. The Yellow Creek Watershed consists of an area of approximately 31 square miles in the communities of Akron, Bath Township, Copley Township, Cuyahoga Falls, Fairlawn, Granger Township, Richfield Township, Richfield Village, and Sharon Township.  The Yellow Creek and its North Fork waterways are about 17 miles long, draining east into the Cuyahoga River.

 

3. I signed the Petition (hereinafter the “Petition”) to create the Yellow Creek Watershed Conservancy District, (hereinafter the “District”) that has been filed with this Honorable Court, in this matter.

 

4. I was not aware at the time I signed the petition:

 

a. That the District would have authority to assess its costs to operate and manage the District upon all property owners in the District, regardless of whether or not that property is affected by Yellow Creek flooding?   Yes ____, No ____,

 

b. That this Petition to create the District would not be on a ballot nor voted upon by the residents living in the District, and that the District would be an entirely new governmental entity that would be run by a Board appointed by this Court, who are not elected to their positions by the residents living in the District? Yes ____, No ____,

c. That residents and governments (cities, townships, villages) within the District would have no vote or other controlling input on the matters regarding the District, including governance, management and the amount and duration of assessments levied by the District. Yes ____, No ____,

 

d. That the District would have the power of eminent domain and therefore could purchase without permission, private property of any resident in the District. Yes ____, No ____,

 

e. That there are other viable options available to accomplish the same goals as contained in the Petition that potentially provide for more expertise and/or control by the residents in the District. Yes ____,     No ____,

 

5. It is my intention by the signing and filing of this affidavit to withdraw my signature from the Petition.

 

       _________________________

       Signature of Affiant

 

 

       _________________________

       Printed name of Affiant

 

 

STATE OF OHIO

 

COUNTY OF SUMMIT

 

The foregoing instrument was acknowledged before me this _______ day of

 

___________, 2017 by _____________________________________, the Affiant.

 

 

 

______________________________

Notary Public Signature

 

 

My Commission Expires:  ____________________

 

 

IN THE COURT OF COMMON PLEAS

SUMMIT COUNTY, OHIO

 

IN THE MATTER OF:       Case Number 2017-04-1511

 

PETITION TO ESTABLISH THE    Judge Alison Breaux

YELLOW CREEK WATERSHED

CONSERVANCY DISTRICT AFFIDAVIT OF PETITIONER TO WITHDRAW SIGNATURE

 

 

The undersigned, being first duly sworn according to law, states as follows:

1. I reside at: ______________________________________________________.

 

2. I am a resident of Medina County, Ohio and reside within the Yellow Creek Watershed. The Yellow Creek Watershed consists of an area of approximately 31 square miles in the communities of Akron, Bath Township, Copley Township, Cuyahoga Falls, Fairlawn, Granger Township, Richfield Township, Richfield Village, and Sharon Township.  The Yellow Creek and its North Fork waterways are about 17 miles long, draining east into the Cuyahoga River.

 

3. I signed the Petition (hereinafter the “Petition”) to create the Yellow Creek Watershed Conservancy District, (hereinafter the “District”) that has been filed with this Honorable Court, in this matter.

 

4. I was not aware at the time I signed the petition:

 

a. That the District would have authority to assess its costs to operate and manage the District upon all property owners in the District, regardless of whether or not that property is affected by Yellow Creek flooding?   Yes ____, No ____,

 

b. That this Petition to create the District would not be on a ballot nor voted upon by the residents living in the District, and that the District would be an entirely new governmental entity that would be run by a Board appointed by this Court, who are not elected to their positions by the residents living in the District? Yes ____, No ____,c. That residents and governments (cities, townships, villages) within the District would have no vote or other controlling input on the matters regarding the District, including governance, management and the amount and duration of assessments levied by the District. Yes ____, No ____,

 

d. That the District would have the power of eminent domain and therefore could purchase without permission, private property of any resident in the District. Yes ____, No ____,

 

e. That there are other viable options available to accomplish the same goals as contained in the Petition that potentially provide for more expertise and/or control by the residents in the District. Yes ____,     No ____,

 

5. It is my intention by the signing and filing of this affidavit to withdraw my signature from the Petition.

 

       _________________________

       Signature of Affiant

 

 

       _________________________

       Printed name of Affiant

 

 

STATE OF OHIO

 

COUNTY OF MEDINA

 

The foregoing instrument was acknowledged before me this _______ day of

 

___________, 2017 by _____________________________________, the Affiant.

 

 

 

______________________________

Notary Public Signature

 

 

My Commission Expires:  ____________________

 

 

CONSERVANCY DISTRICT AFFIDAVIT OF PETITIONER TO WITHDRAW SIGNATURE

SUMMIT COUNTY

 

CONSERVANCY DISTRICT AFFIDAVIT OF PETITIONER TO WITHDRAW SIGNATURE

MEDINA COUNTY

 

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4) Write letters/emails to your local and county officials expressing your opposition to the formation of a Conservancy District.  In particular, the Bath Township Trustees are currently evaluating how best to provide for the storm water needs of the community, so Bath Township residents are encouraged to provide feedback on this issue.

 

Bath is one of the four communities within the nine community Yellow Creek Watershed that has yet to determine its favor of or opposition to the formation of a conservancy district, though on July 25 the Bath Sewer and Water Board, voted against the formation of a Conservancy District.

GOVERNMENT OFFICIALS AND CONTACT INFORMATION

State of Ohio

 

Marilyn Slaby       Emilia Strong Sykes

District 38 (R)      District 34 (D)

77 S. High St       Assistant Minority Whip

11th Floor            77 S. High St

Columbus,           10 th floor

OH 43215            Columbus OH 43215

(614) 644-5085    (614) 466-3100

 

Frank LaRose (R)

Senate Building

1 Capitol Square, 2nd Floor

Columbus, OH 43215

(614) 466-4823

frank.larose@senate.state.oh.us

 

Summit County

County Executive Ilene Shapiro

175 S. Main St.

8th Floor

Akron, OH 44308

330-643-2510

 

Alan Brubaker

Summit County Engineer

538 E. South St.

Akron, OH  44311

 

Summit County Council

District 2

John Schmidt, President

175 S. Main St., Suite 200

Akron, OH  44308

330-643-2725

jschnidt@summitoh.net

 

District 4

Jeff Wilhite

175 S. Main St., Suite 200

Akron, OH  44308

330-643-2725

jwilhite@summitoh.net

 

 

 

Clair Dickinson, Council at Large

175 S. Main St., Suite 200

Akron, OH  44308

cdickinson@summitoh.net

330-643-2725

 

District 5

David Hamilton

175 S. Main St., Suite 200

Akron, OH  44308

(330) 643-2725; (330) 208-7821

dhamilton@summitoh.net

 

Summit County Common Pleas Court

Judge Alison Breaux      Judge Breaux’s judicial attorney

209 S. High St.      Catherine Loya

Akron, OH  44308      330.643.2242

 Email:cloya@cpcourt.summitoh.net

 

Bath Township

Trustee Becky Corbett

Trustee Elaina Goodrich

Trustee James Nelson

3864 W. Bath Road     P.O. Box 1188

Akron OH 44333     Bath OH 44210-1188

330-666-4007

 

Communities other than Bath that are impacted by the Yellow Creek Watershed are:

Richfield Township -- trustees

Richfield Village – mayor and city council

Copley Township -- trustees

City of Fairlawn – mayor and city council

City of Akron -- mayor and city council

City of Cuyahoga Falls -- mayor and city council

Granger Township – trustees

Sharon Township – trsutees

 

5) WRITE LETTERS TO THE EDITORS OF LOCAL PUBLICATIONS EXPRESSING YOUR OPPOSITION TO THE FORMATION OF A CONSERVANCY DISTRICT LIST OF PUBLICATIONS WITH CONTACT INFORMATION

Revere Neighbors

            Content Coordinator Elaine Bergh -- ebergh@bestversionmedia.com; and

            Publisher Dana Bullock -- dbullock@bestversionmedia.com

 

Mimi

President and Publisher Mitch Allen at mimi@mimivanderhaven.com

            Sue Schultz sue@mimivanderhaven.com

 

Medina Post

Rita Jean Wagar – at ritajeanwagar@roadrunner.com.

 

West Side Leader

 Katie Core editor@akron.com

 Kathleen Collins at kcollins@akron.com

 

Bath Country Journal and Richfield Times (Scriptype Publishing)

                        news@scriptype.com

 

Akron Beacon Journal

Paula Schleis pschleis@thebeaconjournal.com

 

 

Cleveland Plain Dealer

Jennifer Conn at jconn@cleveland.com

 

 

 

BATH TRUSTEES CORRESPONDENCE LOG ABOUT YELLOW CREEK CONSERVANCY DISTRICT

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