Pickerington Area Taxpayers Alliance

To the Pickerington Residents:

Here is the text of a letter that I mailed to Mr. Mapes and the Pickerington City Council memebers. I must admit that the typos errors are mine and I should have taken better care and more time to proof read the document. However I believe most reasonal people that do read the document they understand the trus meaning and it is very worthy of being on the ballot for the voters to decide.

August 24, 2002

The City of Pickerington
Attn: Robert Mapes Law Director
114 North Center Street
Pickerington, Ohio 43147

Dear Mr. Mapes,

I wanted to respond to your notes concerning the Initiative that I filed with the City of Pickerington Municipal Clerk on August 1, 2002.

I count 19 typo errors that are insignificant to the meaning of this proposed charter amendment. These errors are listed as follows: (1) para # 3 capitalization of the word council, (2) para # 4 replace the word and with the word or (3) para # 4 insert an apostrophe in the word fourths (4) para # 5 remove the word and replace it with the word or between the words ordinances and resolutions (5) para # 5 capitalize the word boards (6) para # 5 capitalize the word commissions (6) para # 5 add s to the word resolution (7) para # 5 remove capitalization on the word councilperson (8) para # 5 remove capitalization on the word city (9) para # 7 remove the comma from the word motion (10) para # 7 insert the word the in front of the word minutes (11) para # 8 remove the word of from between the words emergency ordinances (12) para # 8 insert an apostrophe in the word fourths (13) para # 8 exchange the word an for the word the (14) para # 8 exchange the word and for the word any (15) para # 8 insert the apostrophe in the word fourths (16) para # 9 capitalize the word clerk (17) para # 12 exchange the word adapt for the word adopt (18) para # 13 insert the phase and comma , or for the, between the words assessed and preservation. (19) para # 8 exchange the word received for the word receives.

I understand that my typo count is three higher than yours. The reason is that you replaced words that we had intended to place on the ballot and you might have missed one of the typos in your count. I want to point out that at the top of this petition it states that, ?“NOW THEREFORE, section 2.06 of the Charter of the City of Pickerington be amended to read as follows:?”

In para # 8 you changed the words ?“three-fourths?” to ?“two-thirds?” in both the first and second lines. It was our intention to change the minimum number required to pass any legislation as an emergency. We also required that in the first initiative submitted in January. The city voters signed this petition based on the above statement.

Second half of letter to Mapes

In para # 10 you changed the word manager to Municipal Clerk. The voters signed this petition based on the wording presented to them and I think this changes the meaning significantly. This is not an insignificant typo.

In para # 11 you changed the word ten (10) to five (5) years. Here again this is not an insignificant change. The voters signed this petition based on the ten (10) year wording review cycle to update the codification of the laws and ordinances.

In para # 13 we corrected the spelling of the word benefited that appears in the current City Charter.

During the last city charter amendment initiative that we filed with the city on January 8th 2002, there was a complaint from your office through the City Auditor that it was confusing to strike out language and insert the new language, so we simply wrote it the way we proposed it to read. I know of no requirement to capitalize this new language.

I respectfully submit that the Pickerington City Council must forward this petition on to the Fairfield County Board of Elections as it was signed by the voters of Pickerington. It is not my right nor is it my duty to either interrupt or change the wording of this petition without allowing the voters to read and approve by signing their names on the changes on the petition. I believe it is not the right of the Pickerington City Council to make any significant changes to the wording of this petition as well.

We believe, and it appears from your writing, that the typographical errors will not prevent this petition from being placed on the ballot. There are no substantive errors. The substantive changes are intentional. Therefore, we ask that you advise the Council to allow the petition to go before the voters.?”

Respectfully,



Ted Hackworth

Cc; Councilman Lou Postage
Councilman Craig Maxey
Councilman Douglas Parker
Councilman David Shaver
Council Brian Fox
Councilman William Wright
Councilman Jeffery Monebrake


As you can see Mr. Mpaes and this council wants to argue over the FOUR disputed words. They are three-fourth's twice and manager and ten. I hope the Pickerington voters can understand what this city government is trying to do to them and their rights under the Ohio Consitution.

The proposed Init without typos

To understand the previous two postings you must have what is proposed for a reference:


WHEREAS, it is our desire to amend section 2.06 of the Charter of the City of Pickerington to make provisions for certain ordinances and resolutions;

WHEREAS; it is our desire that zoning ordinances and resolutions (1) always have the three full readings, (2) be passed or adopted by no less than ?¾?’s of the members of the City Council and (3) not be passed as emergency legislation.

NOW THEREFORE, section 2.06 of the Charter of the City of Pickerington be amended to read as follows:

SECTION 2.06 ORDINANCES AND RESOLUTIONS


Actions of council shall be by ordinance, resolution, or motion. Motions shall be used to conduct the business of council, in procedure matters, for elections conducted among Council members and as otherwise provided in this Charter. All other action shall be taken by ordinance or resolution. No action of Council shall be invalidated merely because the form thereof fails to comply with provisions of this section.
Any member of Council, or the Mayor, may introduce any ordinance or resolution, at a regular or special meeting, which shall be in written form and which shall contain a concise title.
The form and style of the ordinance and resolutions shall be determined by Council.
Each ordinance or resolution shall be read on three separate meeting days, unless this requirement is dispensed with by a vote of at least three-fourth?’s (3/4) of the members of Council. The first and second readings may be by title only. The third reading shall be by title only unless a full reading is required by a majority of the members of Council.
Notwithstanding the previous paragraph, there may be a consent agenda which may provide for routine ordinances or resolutions which include, but are not limited to, appointments to Boards or Commissions, acceptance or grants of easements, resolutions of support or opposition, or acceptance of land, to be read only one time and voted on one time for passage. Any councilperson, the Mayor, or any resident of the city may request an ordinance or resolution be removed from the consent agenda at any time prior to a vote. Such ordinance or resolution shall then be moved to the regular agenda. No appropriation or measure to expend funds in an amount of more than ten dollars ($10.00) shall be placed on the consent agenda.
NOTWITHSTANDING ANY OTHER SECTIONS OF THIS CHARTER, OR ANY PROVISION IN THIS SECTION 2.06, EACH ZONING ORDINANCE OR RESOLUTION SHALL BE READ ON THREE SEPARATE MEETING DAYS, AND THIS REQUIREMENT SHALL NOT BE DISPENSED WITH BY A VOTE OF THE MEMBERS OF COUNCIL.
The vote on the question of passage of each resolution, ordinance, or motions, shall be taken by ?“yea?” or ?“nay?” and the vote entered in the minutes. No measures shall be passed without a concurrence of a majority of the members of Council, EXCEPT A VOTE ON THE QUESTION OF PASSAGE OF ANY ZONING RESOLUTION OR ORDINANCE, WHICH SHALL NOT BE PASSED WITHOUT A CONCURRENCE OF AT LEAST THREE-FOURTHS (3/4?’S) OF THE MEMBERS OF COUNCIL.

Second half of initiative

Emergency ordinances or resolutions shall require a three-fourth?’s (3/4) vote of council for enactment. If any emergency ordinance or resolution shall fail to receive the required three-fourth?’s (3/4) affirmative vote, but receives the necessary majority for passage as non-emergency legislation, it shall become effective as non-emergency legislation. The Council before enacting shall determine that the ordinance or resolution is necessary for the immediate preservation of the public peace, health, safety, or welfare of the citizens of Pickerington, Ohio, and the ordinance or resolution shall contain a statement of necessity of declaring the emergency. NO ZONING ORDINANCE OR RESOLUTION SHALL BE ENACTED AS AN EMERGENCY ORDINANCE OR RESOLUTION AND NO ZONING ORDINANCE OR RESOLUTION SHALL CONTAIN ANY STATEMENTS OF THE NECESSITY OF DECLARING AN EMERGENCY.
Each Ordinance or resolution shall be authenticated by the Clerk. The failure to sign shall not invalidate an otherwise properly enacted resolution or ordinance.
Public notice, as required by laws of the State of Ohio or by this Charter, shall be given legislation once in a newspaper determined by Council to be of general circulation within the Municipality, and this publication shall contain a statement that a copy of the legislation is available for inspection at the office of the manager.
By a majority vote of its members, Council shall cause the codification of the laws and ordinances of the Municipality. This codification will be updated at least every ten (10) years to include all new legislation. Copies of this code shall be placed in the Public Library, the Mayor?’s office, and the Municipal offices for public use.
Notwithstanding the other sections of this Charter, Council may adopt by resolution or ordinance all or part of any technical codes promulgated by State or Federal agencies, boards, or any other public or private agency. These codes may be adopted by reference but shall include the date, title, and source of the code adopted by reference.
Each resolution or ordinance providing for appropriation of money, or for the annual tax levy, or for improvements petitioned for by the owners of a majority of the adjacent property to be benefited and specially assessed, or for the preservation of the public peace, health, welfare, or safety, shall take effect, unless a later date be specified therein, upon its approval by the Mayor, or upon the expiration of time within which it may be vetoed by the Mayor, or upon its passage after veto by the Mayor, as the case may be.
No other resolution or ordinance shall become effective until thirty (30) days after its approval by the Mayor, or upon the expiration of the time within which it may be vetoed by the Mayor, or upon its passage after veto by the Mayor, as the case may be.


END

So the question to all of us in this community is this the time to fight this city council or is it the time to circulate another petition? I believe this is the time to fight for our rights as voting citizens of this community. I only hope I'm not running across the battle field with no one behind me.