Published Tuesday, February 25, 2003
confirm
signing
petition
sees poor turnout
Herald Staff Writer
It appears that the effort to have Wheatland leave the Farrell Area School District is in trouble.
While about 250 people signed a petition to that effect, only 34 showed up in court Monday to confirm their interest.
While Joann Jofery, who represents Wheatland's Educational Alternatives Taskforce, the group that started the secession effort, said she would not comment on the proceedings until talking with her clients Monday night, she told a group of petitioners, "Everything that can go wrong has."
The hearing, which resumes this morning, was to determine whether 50 percent of the taxable inhabitants of the borough signed a petition asking to leave Farrell and join the West Middlesex Area School District. If so, the matter would go to the state Secretary of Education to consider the petition's educational merits.
Neither side has said publicly how many people in the borough of 748 residents they believe would be needed to meet that criteria.
School solicitor James Nevant II said the district's opinion on the definition of taxable inhabitant and how many signatures are needed on the petition would come when Dick Miller of Keystone Research Inc., Greenville, testifies later.
He acknowledged, "I would think" that 34 won't cut it, but added, "You never know."
Two of the people who testified also own businesses, and Mercer County Common Pleas Judge Francis J. Fornelli said that they might need to be considered separate petitioners.
The signers who testified included parents with preschool children, retired senior citizens, parents of school-aged children who attend Farrell, borough councilwomen Nita Buczo and Lorraine Jones, homeowners, renters, people who signed petitions months ago and a woman who signed that morning.
Ms. Jofery put herself on the stand to testify that she signed the petition, and was the only signer not cross-examined by Nevant.
Nevant objected to only one person, Timothy McConnell of 15 Morton St., being considered a taxable inhabitant.
McConnell, who moved to Wheatland a year ago, initially said that he pays wage and per capita taxes, but later wasn't sure and said he would have to pay a lot when he files his tax returns. Nevant said he could not find McConnell on the borough's tax rolls.
McConnell provided a voter identification card listing his Wheatland address and said he had obtained an address correction card for his driver's license.
Ms. Jofery noted Fornelli's previous determination that "taxable inhabitant does not mean taxpayer" and Fornelli allowed McConnell to be counted.
About 20 people offered depositions Saturday and Feb. 17, although those transcripts have not been entered into the court record.
Monday, the petitioners were asked by Ms. Jofery if they signed the petition, still wanted to leave Farrell for West Middlesex, what taxes they pay and if they still wanted the effort to proceed in court.
Nevant asked each petitioner if he or she "specifically recalls" signing and if he or she signed in his or her "own hand."
Fornelli pressed for the testimony to show that each petitioner knew that he or she could be assessed a share of the costs of the court proceeding.
Fornelli said he wanted to make sure that each person understood that he or she could be presented a bill, and he had no idea how high that bill could be.
"It is critical they know in advance that they accept that liability," he said. "They will be assessed and they will be collected."
Fornelli stopped Ms. Jofery several times to guide her in phrasing the question.
"It may be more than a hundred (dollars), it may be less, it may be more than a thousand, it may be less than a thousand," said Fornelli, who wrote the question as he wanted Ms. Jofery to ask it.
All those who testified agreed to accept a share of the costs.
"It is my desire to do whatever I need to do," said the Rev. Stephen Linamen, 96 Chestnut St.
Ms. Jofery also asked Fornelli to change his ruling on the burden of proof. She said she should not have to prove that 51 percent of the taxable inhabitants have signed; the school district should have to show that 51 percent have not.
Fornelli declined the motion, saying "it would stand the system on its ear" to place the burden on the district.
The day was punctuated by long breaks as the judge and lawyers waited for petitioners to come in. Ms. Jofery said she had someone schedule the petitioners by the hour, but she was unable to contact that person.
Fornelli said he would give petitioners "every opportunity" to testify and noted the snowy weather.
Nevant said the hearing "went as expected. Obviously, it was pretty technical. There's not going to be any big, dramatic display here."