by Mike Sever
Record-Courier staff writer
Ravenna -- A petition to create a conservancy district covering all of Portage County was rejected July 30 as too general.
The district, proposed by Sahbra Farms Owner David Gross, was intended to carry out projects that would reduce water pollution upstream of wastewater treatment plants. The projects would be funded through water quality credit trading.
In her order, Portage County Common Pleas Judge Laurie Pittman said the petition filed earlier this month did not comply with the requirements of state law.
"I'm assuming we'll have to determine whether we can refile," Gross said after learning of Pittman's ruling.
He said he plans to see how to modify the petition to satisfy the judge.
"I've put so much time in this. I have a lot of confidence in what I can do with this, I have to see how to make it happen," he said.
In a 2-1 vote, commissioners Chuck Keiper and Chris Smeiles agreed to file the petition with the court.
Commissioner Maureen Frederick voted against the measure.
Both Kent and Ravenna had filed objections with the court. Streetsboro City Council members and others had expressed concerns in public meetings, but had not filed an objection with the court.
Smeiles said he is not sure if he would agree to refile.
Smeiles said he was surprised that both Kent and Ravenna filed objections to the petition.
"I would like to have public hearings with the cities of Kent and Ravenna and Streetsboro. They voiced objections without information. I was surprised the cities opposed the petition without discussion," Smeiles said.
"If we do go forward with this, we will have more discussion," he said.
Gross is seeking to establish the countywide conservancy district that would, among other things, pay landowners for permission to conduct water pollution prevention projects.
The district would have the powers of other governmental subdivisions, including the ability to sue and be sued, to exercise eminent domain, to issue bonds and to assess and charge every landowner in the district, among others.
Pittman said, because of the broad powers given to such districts, "the petition must be detailed enough to give all the parties who may be affected, knowledge sufficient to determine whether they want to object to the formation of the conservancy district."
In her order, Pittman said "the description of the proposed district included in the Commissioners' Petition is far too general and fails to meet the requirements" set out in the state law.