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State says bond issue repeal not possible

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By Ryan Gauthier, Staff Writer 4:41 PM Thursday, June 25, 2009

The growing movement to stop the construction of a new Talawanda High School continues, despite confirmation that bond issues cannot be repealed.

Stop Talawanda School District, a political action committee formed by district residents, is continuing its work to repeal a 4.7-mill bond issue passed during last November’s general election. The issue passed by more than 600 votes, though the group attributes those numbers to heavy turnout from Miami University students at Oxford precincts.

Attorney Becky Princehorn, a partner at Bricker and Eckler LLC, said repealing a bond issue is simply not an option for the group. Repealing a bond issue would have incredibly detrimental effects on a school district, as Princehorn said lenders would refuse the purchase the district’s bonds ever again.

“They’d have a real difficulty getting market access,” Princehorn said. “You can imagine a situation where a tornado comes through and clears out a building and they need to construct a new one, but they wouldn’t be able to sell any bonds because the market views them negatively.”

A spokesperson with Secretary of State Jennifer Brunner’s office, confirmed that bond issues cannot be repealed by voters.

Mike Schnipper, an Oxford resident and member of the freshly-minted PAC, said the group’s efforts to repeal the bond issue on November ballots will continue for now. While he declined to provide the name of any attorneys the group is working with, he said they believe the bond issue can be legally contested.

“They attorney’s I’ve consulted with disagree,” Schnipper said. “This is something I think we’ve got to let the electorate decide.”

Schnipper said more than 43 petitions are already circulating through Reily Twp., with between 125 and 150 signatures already collected. The group needs at least 972 signatures by Aug. 20 to get on the November ballot, though they hope to turn in three times that number.

Stop TSD was scheduled to meet Thursday night, June 25, at the Hanover Twp. Community Center and plans another meeting Monday, July 6, at the Milford Twp. Community Center.

Talawanda Superintendent Phil Cagwin said he has always been aware that a bond issue cannot be repealed, but said the PAC could still attempt to stop the construction by suing the school district.

“I’m just frustrated that all of this simply diverts our energy when obviously we’re still working hard with our architects and construction managers to make sure we build the best high school possible,” Cagwin said. “We’re trying to do something good here. I just think their approach is divisive and will only serve to split the community.”

Cagwin said he encourages the PAC to work alongside state legislators to change laws if they’re genuinely concerned about the fairness of using property taxes, but said he is still not clear on the group’s main goal.

“If it’s a case where they’re simply angry because they have to pay taxes for anything, then that’s an entirely different issue,” he added.

Contact this reporter at (513) 523-4139, ext. 86102, or at rgauthier@coxohio.com.

Dear Inconsistent, my intent is to serve notice to the school board that their actions are inconsistent with today's economy by quietly contesting and thereby setting property values for their own gain. If the price of that is a high school, I feel they will learn a harsh, but valuable lesson.
Mike Schnipper
4:01 PM, 7/4/2009
Mr. Schnipper,..you claim that you are not anti-education but this is not consistent with your actions. You are angry at the school board and board of education, yet your remedy is to take a new high school from the kids. Be honest,...you are in fact anti-education and you do not want to pay taxes for schools.
inconsistent
11:32 PM, 7/3/2009
To Oxford Native Son, my lifestyle is already very modest and my late wife was twice nominated for Ohio Teacher of the Year, so you have already expressed your ignorance of the situation and dug your hole. And I have contacted both our state senator and state representative to see if we can work toward other funding sources. The worst thing about these comment pages is that readers get a snippet of information, not knowing enough to make an informed comment and decision.
Mike Schnipper
12:14 PM, 6/29/2009
I start every my speeches by saying we are not anti-education & that students are entitled to vote. We oppose the school board contesting the revaluation of properties through the Auditor's office. Only Talawanda and Lakota do this. Gauthier has done a terrible job reporting this. He has never reported that TSD has asked the City of Oxford to pay for infrastructure at the new high school. Sometimes the only way to get their attention is organized opposition. Read our web site www.stoptsd.com
Mike Schnipper
12:06 PM, 6/29/2009
People like Outside Oxford just don't get it. Students do pay the tax in the form of rent. Maybe we should work to stop blacks, jews, old people, gays, the disabled, etc., from voting on issues that may impact our pocketbook. Let's just let people we like, who look like us, agree with us, our crony friends,... vote. Thank God we live in a constitutional democracy and not a theocracy of the stupid.
people are naive
4:56 PM, 6/26/2009
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