It is important to contact members of the Environment and Natural Resources Committee in support of House Bill 47. Even if you do not live within the district, your calls, letters, faxes and emails in support of HB-47 may ultimately halt the renewal of this illicit tax. If permitted to go unchecked, MWCD’s unlawful practice will invalidate over 150 years of legal precedence and empower any of the remaining 19 conservancy districts within the state of Ohio with the ability to do the same. Please take a few moments of your time and help us stop this out of control bureaucracy while preventing the same thing from happening to you.Contact information for all committee member including Chairman Niehaus can be viewed by clicking here.

   Ohio House Bill 47, introduced by Rep. Bob Gibbs (R) of Lakeville, Ohio, was voted out of Committee Wednesday, June 27, 2007 and will be voted on by legislators in the fall. The bill passed after 10 hearings with the help of a letter of support from Ohio Supreme Court Chief Justice Thomas J. Moyer. To view a copy of Chief Justice Moyer’s letter click here.

The final version of HB 47 changes the manner the MWCD board of directors is selected and specifies that the board will be expanded to nine members from three specific areas within the District. Those directors will be chosen by the presidents of the county commissioners of the counties found within the District. The bill will also exempt churches and church camps, however, the bill does NOT exempt schools, municipalities, or other tax exempt entities. That provision was gutted from the bill due to political wrangling. The bill does NOT stop the MWCD from moving forward with the assessment. The bill does NOT require a direct benefit in order to assess. That too was gutted from the bill due to political maneuvering of the MWCD.

We would like to thank Rep. Gibbs for staying true to his word. He fought well on behalf of churches and property owners concerning MWCD's fraudulent assessment while continuing to fight Eminent Domain issues. He has treated us with tremendous respect and been very open to us whenever we have contacted him on the phone or met him in the hallways of Statehouse. In doing so, he has earned our respect and appreciation. We can't thank him enough!

   Despite the MWCD’s expenditure of more than $605,000 for what it refers to as “public education” one of the primary contentions of those of us here at StopMWCD is that they have never been forthcoming and honest with the property owners of this district. The vast majority of businesses, schools, churches and residential property owners still do not understand that they too will be required to pay MWCD’s unlawful assessment if approved. Earlier this spring, Rep. Bob Gibbs inserted a provision in the House version of the Budget Bill that would require MWCD to notify every property owner within the district that they were about to be assessed.

Unfortunately, with the aid of Sen. Joy Padgett, MWCD managed to reduce the number of those required to be informed from all property owners (over 500,000) to just 38,000 commercial and industrial property owners within the district. It would appear that as a politician, Ms. Padgett continues to be a burden to the taxpayers of Ohio in a manner similar in nature to her exploits as a business owner. We can only hope that her success as a politician mirrors her success as a business owner (bankruptcy and default on SBA loan). To learn more about Sen. Padgett click here.

   

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   MWCD attempted to assess all property owners within the 18 county district in 1936. However, in 1938 a resident of Stark County challenged MWCDs initial assessment in the Ohio Fifth District Court of Appeals in Hostetter v. MWCD. Mr. Hostetter soundly defeated MWCD when the Court determined that property which is not benefited thereby cannot be assessed. To view the case syllabus and Judge Montgomery's opinion click here.

   MWCD is a political subdivision of the state of Ohio. As such, it is required to follow a strict Competitive Bidding Policy when it wishes to enter into a contract in excess of $25,000. An email message from executive director John Hoopingarner to the MWCD board of directors seeks their approval for Fuller, Mossberger, Scott and May Engineers (FMSM) to create a web portal at the excessive cost of $110,000 without following the established competitive bidding guidelines as required by law. Only in the case of a sudden emergency when it is necessary in order to protect the district can the advertising of contracts be waived upon the consent of the board, with the approval of the court or a judge of the court of common pleas of the county in which the office of the district is located. MWCD has spent millions of dollars with FMSM over the past several years in developing the assessment. How many times had MWCD violated this law? We intend to find out! To view the portal, click here.

   Thomas Noe has been convicted in two separate, but overlapping investigations for a variety of corrupt activities in Ohio and in national politics. As many of you probably know, he has been involved in or connected to many different political scandals including elections, fundraising, government investment and conflicts of interest. Noe was appointed to the Ohio Board of Regents, which oversees Ohio's public colleges and universities, by former Ohio Governor George Voinovich in 1995 to complete a vacated term and was reinstated for a full 9-year term in 1999 by Governor Bob Taft. What you may not know is that he and others among the Ohio Board of Regents unethically funneled a total of $750,000 to the Atwood Lake Resort and Conference Center via Muskingum Area Technical College (now Zane State). The details are illustrated in the minutes of the October19, 2000 Board of Regents meeting and the minutes of the June 19, 2003 Board of Regents meeting.

   The good ship MWCD may be taking on water but it certainly hasn’t taken any of our tax dollars. A special thanks goes out to all those who’ve opposed the assessment saving the taxpayers of the district approximately $13 million in 2007 alone. It would appear that the moral issues surrounding the assessment are causing MWCD administrative staff to reevaluate their long-term career objectives. Just like rats jumping off a sinking a ship, key employees of the MWCD have either left or are seeking other employment opportunities. Chief Engineer Dick Bible has left the MWCD for a position with the Ohio Department of Transportation while public information officer Darrin Laughtenschleger recently interviewed for a position with the Tuscarawas County Chamber of Commerce. At least two of them are intelligent enough to understand that supporting the lies surrounding this unlawful assessment just isn’t worth a pay check! We wonder how the remaining uncorrupted MWCD employees feel about being painted by the same brush?

   Ohio law requires the MWCD Board of Appraisers to conduct a Cost-Benefit Analysis as part of its work to develop a Methodology which in turn specifies how parcels are to be assessed. The cost-benefit analysis must conclude that the benefits outweigh the costs of the project in order to go forward. Jack Fawcett Associates (JFA), working in conjunction with FMSM Engineers has developed an economic impact study (not a true cost-benefit analysis) that rivals Greek Mythology with reference to its fictional content, all for a meager pittance of $47,565. We encourage you to read the entire document paying special attention to page three. Here, JFA acknowledges the fact that the analysis is “preliminary” in nature and utilizes the benefit transfer method of estimating economic values. It goes on to state, “The amendment provides general examples of possible activities, the specifics of which are not known.” Translation - there is really no need to proceed any further unless the reader hasn’t had a good laugh in a while. To further insult the reader’s intelligence, the preliminary paper continues:

“The estimation of the benefits of channel improvement, for example, would include knowing details such as the size and location of the channel improvements, the exact number and value of the properties protected by the channel improvement, the frequency and severity of flood events, etc. Data at this level of detail was not available for this study.”

Therefore, its difficult to blame JFA for their inferior work. If JFA would have had access to a detailed plan to work from, they might have been able to develop a reasonably accurate cost-benefit analysis. However, this was not an option as even MWCD does not posses a detailed plan. In fact, the proposed Amended Plan, in its present form and with its present content, is unreasonably vague. Therefore, the Amended Plan, not being a PLAN, fails to meet the statutory requirements for a plan and must be rejected by the Conservancy Court. For more information of this nature, please visit the Tuscarawas County Clerk of Courts.

   You would think that MWCD executive management would be laughing about their attempt to dupe 2.2 million Ohio citizens out of $270 million. However, the group found time during the executive session of its November Board of Director’s meeting to discuss Chief Engineer Dick Bible’s previous exploits. Click on the following link to enter the executive session locker room where making jokes and laughing at an employee’s wife or mother behind closed doors is considered appropriate. To listen, click here

   Ever heard the old saying: ‘Ignorance is no excuse for violating the law?’ MWCD wants you to believe that Ohio law permits them to assess your property even if it receives absolutely no increase in property value as a result of the proposed works. Arm yourself with the truth by visiting Ohio Revised Code §6101 at Anderson’s online documentation.

CHAPTER 6101 Conservancy Districts

   The most effective way to stop the impending property tax assessment, a non-partisan issue, is through the Ohio legislature. Many members of the Ohio Senate and House of Representatives have introduced pending legislation that will either limit or stop the assessment altogether. We truly believe that enough correspondence via telephone, email and written letter has the potential to unite both Democrat and Republican alike and put an end to this un-voted tax once and for all. Even if you don’t have money to help us with the ensuing legal battle, a well written letter or email followed up by a phone call to members of the Ohio legislature has the potential to make a big difference. Please click on the following link for a list of Representatives and Senators that need to hear from you.

127th Ohio General Assembly 2007 - Ohio Senate
127th Ohio General Assembly 2007 - Ohio House of Representatives

   In April 2006, Ohio Supreme Court Chief Justice Thomas J. Moyer denied requests by more than 1,100 property owners who sought to have the 18 judges of the Muskingum Watershed Conservancy Court disqualified. He stated, “I have carefully examined all the allegations in the affidavits, and I find no basis for ordering the disqualification of the 18 judges on the conservancy court,” Moyer wrote. “The affiants may disagree with the judges’ earlier rulings in these cases, but a party’s disagreement or dissatisfaction with a court’s ruling of law, without more, does not demonstrate that the rulings are a result of bias or prejudice.”

At the time that more than 1,100 citizens filed their affidavits of disqualification, they were certain that a majority of the judges were biased. However, it wasn’t until after Chief Justice Moyer made his ruling that more pertinent information became available. Documents obtained through a public records request revealed that each of the 18 Conservancy Court Judges received two (2) courtesy passes each year (over the course of many years) to be used for an entire year “for MWCD parks and greens fees at Atwood Lake Resort and Conference Center golf courses.” Letters signed by executive director John Hoopinggarner accompanying the passes often encouraged each Judge to “use them to visit and enjoy MWCD facilities.”

Licking County Common Pleas Court Judge John Spahr and Judge Timothy Williams of Washington County resigned from the court soon after allegations of gratuities began to trickle form MWCD headquarters in New Philadelphia.

Not only are the Conservancy Court Judges ethically and morally wrong for accepting these season passes, §1.03 of the Ohio Revised Code is very clear in its definition of “anything of value” while §2921.02 defines BRIBERY and the consequences for committing such a crime. The Atwood Resort and Conference Center offers a yearly pass for its greens fees which is currently sold to the public for $460 each. Although it is difficult to place a precise value on these courtesy passes, it can be assumed that every pass sent to each Conservancy Court Judge has or had a current minimum value of $460 with the potential to be worth much more. To view copies of the letters sent to each of the Conservancy Court Judges click here.

   At the helm of the MWCD is a five-member board of directors, each of whom is hand selected by the Conservancy Court. How might I get appointed to the board you might ask? That’s simple! When a current board member’s term has expired, any Econazi willing to stroke executive director John Hoopingarner’s oversized ego can apply. The position comes with plenty of perks including yearly passes for MWCD parks including Atwood Lake Resort and Conference Center. All one has to do is agree with whatever John Hoopingarner says. Its that easy!

Recently retired MWCD board of directors member Joanne Limbach wrote an email on April 26, 2006 to executive director Hoopingarner that stated, “Maybe we could do something about saying that we are a year away from spending money and since he (Harris) stated that there will be an assessment but the process is moving too fast we might be able to do a timetable that looks but is not slower.” Only someone closely affiliated with MWCD would be arrogant enough to attempt to deceive the Senate President. Keep up the good work Joanne! To get an idea of what prompted Ms. Limbach’s letter wring antics,click here. To view a copy of her email message,click here

   §6101.07 states, in pertinent part: “Each judge when sitting as a member of the court shall receive compensation and allowance for expenses as provided by law for a judge of the court of common pleas serving by assignment outside the county in which the judge resides, which shall be paid as other expenses of the organization or operation of the district are paid.”
It would appear that the judges are to be compensated and reimbursed directly from MWCD in the same manner that “other expenses” of the organization or operation of the district are paid. Nevertheless, Judge Martin directed that compensation to members of the Conservancy Court be paid to the judges and reflected as court costs by the Tuscarawas County Clerk of Courts and that those costs be billed directly to the MWCD, effective in 2005. So much for the transparency that O’Farrell spoke of at the June, 2006 convening of the Conservancy Court. Membership definitely has its privileges.

   MWCD has spent close to $350,000 (fiscal year 2006) with several local newspapers throughout its 18-county district to educate the citizens and promote their assessment tax. Nevertheless, this expenditure promoted limited education and a great deal of fraudulent information. On numerous occasion over the past two years, citizens approached MWCD and asked them to inform the public of their intentions to levy an assessment tax via letter to each affected individual. They refused to do so stating cost was the issue. In January of 2007, MWCD had the opportunity to notify individuals by placing a notice with each county's property tax bills, however, MWCD chose to deprive the public of this information again. The following partial list illustrates the amount of money distributed to many of these newspapers. If you experience a difficult time getting your “Letter to the Editor” published, this may explain why. This might also explain why several of the newspapers have decided to support MWCD’s deceptive plan.

Akron Beacon Journal...........$90,200.49
Ashland Times Gazette............15,398.18
Canton Repository....................40,418.21
Coshocton Tribune...................15,078.45
Mansfield News Journal...........39,549.89
Marietta Times.............................13,335.51
Massillon Independent.............10,951.56
Times Leader................................6,786.22
Times Reporter..........................21,519.97
Wooster Daily Record..............32,463.14
Zanesville Times Recorder.....29,468.59

   The Conservancy Court convened earlier today for its annual meeting. This was the meeting at which the Court intended to rule on the impending assessment. However, after receiving 8000+ unanticipated exceptions/objections, the ruling was postponed until the exception/objections could be heard. Nevertheless, on Friday, June 9, 2006 a van containing approximately 2,800 Motions to Dismiss and Motions for Summary Judgment, filed by MWCD, arrived at the Tuscarawas County Courthouse. Please click on the following link to download and listen to this legal process as described by Judge Edward O'Farrell.

Download O'Farrel Recording

Thanks to many of your letters, telephone calls and emails to our legislators, several pieces of legislation are currently being drafted or have been introduced to either limit who the MWCD can assess, limit the amount of money they can collect and replace the Conservancy Court or put the assessment of this Recreational District on a ballot for the people to decide. The bill currently being drafted by Representative Gibbs and Senator Amstutz is one of the more promising pieces of pending legislation. The Conservancy District understands this and plans to meet with the two lawmakers in the near future. We pray that Representative Gibbs and Senator Amstutz take a firm stand and not fall victim to MWCDs lobbyists. Click on the following link to hear executive director John Hoopingarner discuss the pending legislation.

Download Hoopingarner Recording


For individuals logging onto this site that live beyond the confines of the MWCD but within the United States, you may soon be subjected to exactly what we are going through here. Earlier this year at a Developmental Advisory Committee meeting held in May, executive director Hoopingarner had stated that the planning and implementation of this assessment was be observed by government agencies as far away as Seattle, Washington. Judge Martin verified what Hoopingarner said in the following excerpt.

Download Martin Exerpt


Near the close of the meeting, Judge William Martin announced his retirement from the Conservancy Court and from the Carroll County Court of Common Pleas. Please click on the following link to hear the retiring presiding Judge, one of the chief enablers of MWCDs deception, make his offensive farewell. This man may have brass but he certainly lacks any class to accompany it.

Download Here

   Our latest tri-fold brochure is available to download and distribute in order to educate those that are less familiar with some of the more important issues concerning MWCDs attempt to assess more than 745,000 parcels of land within the conservancy district. The brochure is best completed by first printing page one and then turning that page over and printing page two on the back side of page one. The brochure was created utilizing Microsoft Publisher. Please contact us for the .pub file if you would like to produce a large number of brochures for distribution purposes.

StopMWCD Tri-fold Brochure

   For your viewing pleasure, we have included a copy of MWCDs Vendor Account from the fiscal years 2005 and 2006. Please pay special attention to the monthly payouts received by each of the upper echelon administrators. The executive director alone receives $1,500.00 each and every month as a discretionary exspense account in addition to his salary and benefits package. Be sure to download this file and check it out! This file is very large and may take some time to download.

MWCD Vender Account 2005
MWCD Vender Account 2006

   To find out how much the assessment will cost you, your local school district, your employer or your church, go to http://12.30.88.19/portal/county.html. Click on your county and type in the property owners name.

   Below is an audio file recorded on 2/24/2006 at an MWCD Concerned Citizens Coalition meeting at McConnelsville. Listen to Judge Favreau's "unbiased" opinion of the conservancy district's assessment plan including other worldly topics of whit and whimsy, Garrison Keilor look out! Click below to download and listen:

Download Recording Here