Hopewell petition can’t force ballot question in fall

By: Ruth Luse
   The Sept. 4 petition presented to Hopewell Borough Council —although it had signatures of well over 10 percent of Hopewell’s registered voters — does not mean, as the petitioners thought, that their question must be placed on the Nov. 6 general election ballot.
   The 227-signature petition was aimed at placing the following question on the Nov. 6 ballot: "Shall the Borough Council of Hopewell …. pass a resolution or ordinance authorizing the expenditure of any public money for the planning and construction of a new municipal building within the borough?"
   Contrary to what the creators of the petition thought, there is more to getting a referendum question on a ballot than just a petition.
   According to Mayor George Padgett, who has discussed the matter with the borough attorney, Mason, Griffin and Pierson, the presentation of a petition "is not sufficient," even though it had enough names. State statute says that there are three steps in a mandatory process to get a question on a ballot. These are:
    An ordinance must be adopted by council asking that a proposition (such as the question about the municipal building) be placed on the general election ballot. This request must be made to the county clerk at least 74 days prior to the general election.
    After council has adopted the ordinance, a petition may then be presented to council, having the signatures of at least 10 percent or more of the borough’s registered and qualified voters. The proposed question in the petition must be reasonably related to the proposition already proposed by the governing body.
    If the first and second steps are met, said the mayor, then, at the next regular meeting of council, a resolution must be adopted asking the county clerk to put the proposition contained in the petition on the November ballot. The clerk must receive this resolution at least 60 days prior to the general election.
   Concerning the expenditure of money for the planning of a new municipal facility — which is mentioned in the petition question — the council already, in its 2001 municipal budget, had allocated " about $15,000," said Clerk Hilary Fortenbaugh, for an architect’s study of the construction of a new municipal facility or the renovation of the existing building. Similar work on the Hopewell Library also is included in the proposed study.
   A major reason for council’s interest in updating existing buildings or building new ones is the borough’s need to meet requirements of the Americans With Disabilities Act (ADA), a federal law adopted in the early 1990s.