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Mosquito plan killed by judge

Bigger district to cover southern Summit called unnecessary in ruling

By Bob Downing
Beacon Journal staff writer

Published on Friday, May 16, 2008

A judge has killed a plan for expanding the Barberton-Norton Mosquito Abatement District across southern Summit County.

Judge R. Patrick Kelly on Thursday dismissed the petition that sought to expand the district into Green, New Franklin, Lakemore, Clinton and Copley, Springfield and Coventry townships and to fund the operation with new assessments of property owners.

The expansion is unnecessary and unneeded, Kelly wrote in his 12-page decision in Summit County Common Pleas Court.

''In the view of this court,'' he said, ''there is no public necessity for the change and there is little evidence that the Mosquito Abatement District's services will be conducive to the
public health, safety, comfort, convenience or welfare.''

Clinton Mayor Phyllis Mayberry, who was opposed to the expansion, called the decision wonderful.

''Our senior citizens won't have to pay more,'' she said. ''It was such a case of overkill.''

Other opponents expressed similar sentiments about the decision:

''I'm thrilled,'' said Copley Township Trustee Helen Humphrys. ''This is a win-win situation for the townships and communities and for the Summit County Health District. They do a good job for us.''

''That's fantastic and very good news,'' said New Franklin Mayor Al Bollas. ''I didn't like the way this all came down. It just wasn't right.''

Joseph Harrison, director of the Barberton-Norton district who had pushed for the expansion, declined comment Thursday, saying he wanted to confer with his board and attorney.

The Summit County Health Department, which also opposed the petition, now provides mosquito control in the seven communities that would have been covered by the district expansion.

The county is ''very proud'' of its program and how it has developed over the last 30 years, said Bob Hasenyager, the department's director of environmental health.

In his ruling, Kelly, a retired judge from Cuyahoga County, said there was no compelling evidence that expansion would have been a step forward in public health.

''The essence of the case for expansion is that a free-standing independent sanitary district could do the work better than a county health district,'' he said.

But the judge pointed out that the Barberton-Norton district intended to subcontract out the spraying, perhaps even to the county.

''It seems at odds with reason that this court should be asked to determine that a separate expanded district is necessary when that district would consider subcontracting with the former agency it claims is currently inadequate,'' Kelly said.

The judge, who held a hearing on the proposal on March 31 and April 1, said it appeared that the petition was driven largely by Harrison and not by a public demand for improved mosquito control.

''The court is left to conclude that the reason for the petition drive was [the Barberton-Norton district] desire to expand rather than an acknowledged public need or desire for more or different mosquito control measures,'' the judge said.

He noted that the expansion request triggered objections from Summit County and the seven communities, 77 letters from individuals and petitions with 595 signatures. In addition, 75 people who had signed the pro-expansion petition asked that their names be removed and an additional 92 individuals submitted letters disputing the circumstances of their signing the petitions.

The expansion, if it had been permitted, could have raised more than $651,000 a year in assessments from property owners in the seven communities. The assessment rate would have been about $10 per $100,000 in valuation.

Supporters of the expansion filed petitions with 1,107 signatures from residents of the seven communities. Under state law, 500 signatures can lead to the expansion of such a district.

At present, the county provides mosquito services in the seven communities for $54,430 a year.

Bob Downing can be reached at 330-996-3745 or bdowning@thebeaconjournal.com.

A judge has killed a plan for expanding the Barberton-Norton Mosquito Abatement District across southern Summit County.

Get the full article here.


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