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Only 30% of us voted NO. The remaining 70% voted to permit Mt. Lebanon to use its own media for public notices. According to the Pennsylvania NewsMedia Association, Mt. Lebanon Media is not a reputable source since it does not meet the legal requirements. Karma's a b!tch, isn't it?
“This policy is inconsistent with both the Home Rule Charter and the Newspaper Advertising Act, which governs public notice advertising statewide,” said PNA attorney Melissa Melewsky, “because the Home Rule Charter... prohibits municipalities from exercising powers contrary to, or in limitation or enlargement of, powers granted by statutes which are applicable in every part of the Commonwealth.”It cost Mt. Lebanon residents to put this on the ballot. How much is it going to cost us, when it goes to court? Maybe Feller and Gateway will find an answer to that too.
“Publishing in their own electronic distribution or in the municipal building does not meet the legal requirements. It has no legal effect. It has to appear in a paper in general circulation per the Newspaper Advertising Act,” she said.
Melewsky also said the Newspaper Advertising Act is the statute that supersedes the change to home rule charter.
Read this op-ed. Mt. Lebanon charter change bad news I am really lovin' The Almanac.
And in the Post-Gazette Mt. Lebanon referendum would allow non-newspaper legal advertising
Update November 13, 2014 10:59 PM General Election 2014 Recap
58 comments:
There's a PA state law regarding moral turpitude:
http://www.pacode.com/secure/data/022/chapter237/s237.9.html
Add this ridiculous undertaking, in which the muni had fair warning that it was likely to result in legal action because it invites further deception, favoritism and contradicts existing law, to the list of behaviors undertaken by Feller, Weis, and the commission that qualify for moral turpitude.
I think we need a class action lawsuit that encompasses all of the immoral actions that have been undertaken. Instead of money, I suggest FIRING FELLER, WEIS, GATEWAY, KELLY and all of their corrupt cronies including the bad boy commissioners.
Then rewrite the home rule charter with assistance from a multidisciplinary team including scholars.
Sometimes the commissioners just can't seem to catch a break... wonder why?
If I were a betting man, I would bet that the majority of the folks who voted either for or against this didn't know either way what they were voting for.
On another note, I thought Mt. Lebanon was not a referendum type government, according to Kristen. That being said, why wasn't the turf project put on a ballot?
Dummie me!! Because it would not have been approved.
Nick M.
How much of the so-called advertised $18k in savings is actually legally mandated advertising? Did they lure voters into this ordinance under false premises?
Doesn't anyone vet anything in this community?
How in the world could a Home Rule Charter change get so far as to be on the November ballot when the very idea of the change is in opposition to state law?
Everybody was so hell bent on making the charter gender neutral that no one check to see if the other change was even possible.
What a waste of time, money and energy.
The front page of The Almanac is a black eye for Mount Lebanon voters and the commissioner who has a J. D. in Law from Duke University. We just can't trust him.
Unfortunately, the people who have their compensation voted on by the commissioners have to ignore the fact that newspapers are included in municipal advertising. Right Mr. Weis and Mr. Feller.
Melissa Melewski, Kim DeBourbon, and Terry Mutchler are the open records/open meetings heroines of Pennsylvania. They continue to fight for citizens' access to public information.
Does anyone else wonder why gender neutral language and electronic distribution of public notices got on the ballot instead of deer culling, turfing municipal fields and last but not least, the high school renovation?
My Ward 1 neighborhood does not benefit from Almanac delivery. Is that really thevage, Elaine, that is currently on the print edition?
Me thinks the Almanac journalists are smart enough not to trust this municipality.
8:54, I normally don't read the Almanac but the way it was folded in the plastic bag with the big red "NO" logo and the bold lettering very noticeable, I was curious enough to take it out of the bag and read on. Yes, this is the actual front page of the newest Almanac.
Nick m.
If you want a print addition delivered to your home in Ward 1The Almanac will sell it to you. The same is true in other areas of Mount Lebanon.
8:54, yes that is the real Almanac front page.
But here is the important question. Why? Why do we need to save $18,000 (really they spent $18k on legal notices in the newspapers)? We spent more than that on one deer survey.
The next Home Rule Charter change they want to try and get passed is to eliminate the Super Vote to need get some things passed.
Tha Almanac On Air is a new sound tract this week giving previews of local news. Click here to listen.
http://www.thealmanac.net/article/20141112/NEWS/141119974
This is really odd when you begin to look at all the pieces.
They're worried about a piddlin' $18,000 in advertising cost, but ask how much the changes are to the turf project, which some suggest could run into hundreds of thousands of dollars, and nobody knows what the exact amount is.
Does it make any sense whatsoever?
Id like to see our community magazine include a write-up in their next issue.
Hold on folks! The Home Rule Charter was written prior to cable, Fios and dish satellite television and municipal channels, computers, internet and webpages, iPhones and all the other social media communications technology available today. Back in 1975 there was only radio, network TV, newspapers and movies. And newspapers were the only suitable or practical option.
How many of you have ever looked for or read a Mt. Lebanon legal notice in a daily newspaper in that section devoted to legal notices other than by pure accident or coincidence? How many of you rely on such notices and act upon them? On a regular basis?
You had every chance over the past 18 months to express your opinion on this matter to the Charter Committee and Commission, and I doubt that the majority of you opposed to this did. And 70% of the votes cast disagreed with you.
9:55 check your facts buddy.
The survey for deer is about $5,000 per.
11:12 PM, so what I think you are saying is that if 70% of the people voted for it, makes something that is illegal OK.
Classic Mt. Lebanon politician speak.
Elaine
11:12 It's all a set-up. I have no doubt that the Home Rule Charter group had authentic intentions to improve our community. But they don't get the real story ... just like Historic Preservation Board, the Traffic Board, the Parks Advisory Board, and all of the other boards that have been misled in the last year. Need I go on?
Everything the volunteer boards are told or directed to undertake is filtered...think of what you are being told as an advertisement to serve, to work, to invest and to believe.
Until everybody starts to get the picture, these antics are just going to continue on... and on... and on...
The only people that actually might get the "real story" are the Turf Task Force Members and we don't really know about that... because we weren't invited to their "not for public" Sunshine Law breaking meetings.
We are saving $18k on advertising that will exclude bidders who are not "in the know" but we are spending $68,000 on deer. Is the $68k a recurrent expense?
I like deer. No actually, I love deer. I grew up with gardens and I have gardens and I think the people that want to kill them are haters.
Put up a fence.
Hey buddy! Check your facts! Yeah OK I miss on the exact wording and the price, it wasn't a survey but a plan development.
http://www.thealmanac.net/article/20140826/NEWS/140829968
"The Mt. Lebanon commission will spend up to $10,000 to develop a more detailed deer management plan, according to discussion at the Aug. 25 meeting. Deer have vexed the commission for years now, as commissioners seek to reduce deer-related vehicle accidents and cut down on resident complaints."
Then there is this--
"A late addition to the 2013 budget expenditures allots $12,000 for surveys as part of the effort to mitigate safety hazards caused by deer."
http://lebocitizens.blogspot.com/2013/02/aerial-survey-coming-this-month.html?m=1
So yeah I missed by a few thousand dollars... shoot me! But, before you do please tell me how much the artificial turf project is costing in toto.
To 11:49, Mt. Lebanon culled in 2007 or 2008, I think. It won't be a one time expense.
While I truly appreciate your comments, let's try to stay on topic. This post is about the illegal vote. Turf and deer might be where these comments belong. Please.
Elaine
The illegal vote was put on the ballot with the objective of continuing the secrecy of how our tax money is spent. Mt. Lebanon has a high percentage of an elderly population. I would gather that many of these older residents are not engaged with computers, technology, etc... Many of them only get the printed newspaper. The issue is NOT saving money through advertising, but, to give out as little info to the general public. Not only illegal, but, highly deceitful! Certain Commissioners have stooped to their lowest level. They're digging their hole deeper and deeper.
Gee, are we headed to bankruptcy in light of Scranton and Harrisburg? The corrupt process is different, but, the end result is obvious!
12:26 I agree with you. One of my favorite Lebo residents does not have a computer. I tell him about what is going on and he does show up at Commission Meetings, as he did recently regarding the turf but he only gets this info from me and randomly from neighbors.
I have read the papers scrupulously for bids.
The 3 person super-vote... WOULD BE A NIGHTMARE FOR MT LEBANON'S FUTURE.
Save 18k on required advertising? Yeah, makes total sense. The Four Minus Fraasch dont follow the law as it is. Why not save some money when acting illegally. Then they can throw it at really useful projects like bowhunting for deer in a suburban area. Maybe next year, when all the deer come back, the Four can implement a breathing tax to pay for another "cull".
If you have a garden and dont like deer eating it, pretty sure they have this stuff called "fence". You should look into it. How effin shallow does someone have to be to say "i spent money on my designer shrubs so we need to slaughter animals to protect them"? Great values to teach your kids, morons. If you buy a sportscar, do you want to shoot all the birds so they dontcrap on it? Get over yourselves. None of you are that important.
Sorry, Elaine. Didnt mean to bring deer i to this. But we have four public officials ignoring state law, spending money foolishly and getting the public to buy into it. Its pathetic.
Susan Fleming Morgans was too busy being a super market critic in mtl to tell us the truth about what we were voting on in the Home Rule Charter changes. Now we have to spend the $18,000 for newspaper advertising and Susan will need a new employee in the PIO office to handle the email communication.
Hey commissioners nice cost over run in the PIO office.
Hey Susan, your silence was deceitful.
I am an attorney and practice in the area of municipal law. I cannot understand how anyone advising the Municipality would ever recommend this change. As a home rule charter community, Mt. Lebanon is permitted to "make its own law" so to speak, so long as they are not inconsistent with the Pennsylvania constitution or Pennsylvania statute. There are so many statutes already on the books that mandate "public notice" and define exactly what public notice is (i.e., advertising in a newspaper of general circulation), that the first time the municipality decides not to use proper public notice to advertise an ordinance, or a zoning hearing, it will be challenged successfully. There goes the $18k in savings. Here's a way to save over $300k -- fire the solicitor. I'd be much cheaper and apparently give much better advice.
Signed,
Elle Woods
I get it, Elle Woods. "Legally Blonde." ;)
Elaine
I emailed a Commissioner about this and they referred to a Home Rule Charter Committee that made the recommendation. Who was on this committee? Franklin, Moe, Curly, and Larry.
Please tell me how I find out who was on this committee.
Funny how the commission is pointing to the committe. The commissioners voted to put this on the ballot.
Elaine
Here isa copy of the ordinance which passed unanimously. http://mtlebanon.org/DocumentCenter/View/10369
Here are the minutes from the July 8 meeting when it was votqed on, the same night the commission awarded the contract to install the toxic turf.
http://mtlebanon.org/DocumentCenter/View/10369
Elaine
Isn't it funny that expert residents that are against the turf are called "biased" but our solicitor and muni engineer who are ALSO RESIDENTS are not considered "biased" and we continue to suffer from their failures.
9:37 I understand your frustration with this matter but I don't think it would be fair to direct it at the committee. The municipality does not share the knowledge it possesses with its volunteers. For example, the Traffic Board was told last week that N Meadowcroft is slated to receive traffic calming sometime soon because the funds are available. This, however, is not true. What happened is that residents discovered that the municipality was not providing accurate traffic studies and challenged their continued wait for traffic calming. They will have been waiting 10 years IF they receive calming in 2015.
Kerry
Mockingly calling 70% of voters "brilliant" isn't a particularly effective way to build good will or alliances with others. It's one thing to continue to mock the commissioners, but when you attack the vast majority of your neighbors as being stupid, you are just continuing down the path you've been travelling towards nobody wanting to be associated with you. Understand also that the vast majority of folks who vote aren't as informed as you are about the nuance of these issues because they don't devote 24 hours per day to local politics (as you do).
Gee, are you insinuating that I have a lonely, pathetic, or miserable life by saying that I devote 24 hours per day to local politics?
Elaine
The wording for the second referendum was worded so one would think communication outside newspapers would be allowed. I was thinking they would use TV channels, Lebo alert emails and MORE communication rather than limit it. I sure was duped and knew about the state law if notice.
Newspaper notice for creditors or death notices is required. Lebo seems to be living in the cloud. I hate being duped.
I'd like to shed some additional light on this issue by looking at the actual Mt. Lebanon election data as published on the Allegheny County Board of Elections website.
Mt. Lebanon Registered voters: 25,669
Ballot cast: 12,466 (A ballot = a person)
Turnout: 48.56%
Now it's important to note that a ballot COULD represent up to five votes - one each for Governor, 18th US Congressional District, 42nd District, PA House, and one each for the yes/no answers to the two Home Rule questions. However, not everyone who cast a ballot voted in all five categories.
Governor's Race: 12,395
US House: 8,940
42nd PA District: 8,855
ML Question 1: 11,965
ML Question 2: 11,855
Question 2 on the ballot was the one addressed in this thread. Of the 11,855 people who voted on this issue, 9,388 voted "yes," and 2,467 voted "no." Therefore, of the people who actually cast a vote on question 2, 79% voted "yes" and 21% voted "no."
What I found most interesting was how each race was perceived by those who voted, as measured by the total number of votes received in each race or question divided by the total number of ballots:
#1 GOVERNOR'S RACE: 99.43%
#2 QUESTION #1 (gender neutral): 95.98%
#3 QUESTION #2 (legal publishing): 95.10%
#4 US 18th CONGRESSIONAL RACE: 71.72%
#5 PA 42nd DISTRICT RACE: 71.03%
The 18th Congressional and 42nd PA House "races" were races only in the academic sense, since there were no opponents (other than write-ins) in either case.
In one sense it is heartening to see that Home Rule questions received almost as many votes as did the race for Governor. I suspect that the Home Rule questions seemed "harmless" to most of those who voted "yes." I also suspect that a majority of those who voted "yes" on Question 2 did not know about the state law concerning this issue. My "no" vote on this issue was based on my experience as a reporter, and my conclusion that this change would actually reduce, not enhance, transparency.
All the voters were duped, contrary to 11:02 AM's opinion. Our brilliant commission and solicitor came up with the wording.
Elaine
How was the referendum worded for voters?
Mr. Gideon, would you happen to know how straight party votes are counted.
I find it interesting that 12,466 people voted, but Murphy and Miller both got less than 9,000 votes.
Could this represent - a no confidence vote by over nearly 3,500 voters against each or does it indicate that a large proportion of those 3,500 were straight party voters?
Just curious.
Question 2:
Shall Articles III, IX, XII and XIV of the Municipality of Mt. Lebanon Home Rule Charter be amended to provide that the Mt. Lebanon Board of Commissioners may amend the Administrative Code to permit the publication of notices by electronic, physical or other means, as more fully set forth in Mt. Lebanon Ordinance No. 3247?
It baffles me that the two most pressing issues to put before voters were:
• should the HR Charter be gender neutral
and
• should we save $18,000 in public notices.
We have $3-4 million in recently purchased property (Twin Hills & McNeilly) sitting idle and vacant and a high school project about to go over budget (and should have gone to referendum) and we wasted our time on the two idiotic charter revision.
While I generally do not address anonymous posters directly, the question of Party Line (or "straight") votes is interesting enough to comment upon. The breakdown on the Allegheny County website does not apportion straight votes according to races; just the total counted. Therefore one would neither add nor subtract them to any one candidate - under normal circumstances, that is. This election is interesting in that voting straight Republican would have got you Corbett and Murphy, and voting straight Democrat would get you Wolf and Miller. You would still have the HR questions, and a decision to vote for the opposite party's candidate in the race in which your party did not field a candidate - or do a write-in. I hope that makes sense.
For the record, in Mt. Lebanon 2,227 people voted "straight Republican," whilst 2,179 voted "straight Democrat."
Why on earth didn't the Almanac run this story BEFORE the election? It sure seems like good information for people to have before voting and it's not like the it was added to the ballot at the last minute.
Seems like really bad timing to me. I would guess the results would have been very different if this story had run before the election!
4:16 - I am not making value judgments here, but the reason the two issues were put before the voters is that they are amendments to the home rule charter. Any amendment to the home rule charter has to be voted on by the community.
The costs of turf, deer culling, high school costs, etc. are not in the home rule charter and thus are not required to go before the voters. If we want to require more issues to go to the voters we would need to amend the home rule charter.
Well we know Nancy Carroll of the tax assessment debacle was on the committee. Im sure you could google the rest.
Yes, it seems like got the idea.
There seems to be a lot of issue that should perhaps go before the voters.
I don't recollect any one complaining that the charter wasn't gender neutral or that the municipality spent too much on legal ads.
There have been discussions on recreation spending by the commissioners.
4:54 PM, did you read the PG article that I included here? It was published on November 3, the day before the election.
Elaine
From the PG article:
"“If a notice is required by state law to be published, we will still publish it in the newspaper,” municipality solicitor Phillip Weis said."
So the savings will not be $18,000. That is what the municipality is spending now. If a notice is required by state law to be published, it will still be published. So all this to save what?
Elaine
http://mtlebanon.org/DocumentCenter/View/10026
Elaine, I'll refer back to one of my earlier posts here:
"If I were a betting man, I would bet that the majority of the folks who voted either for or against this didn't know either way what they were voting for."
If the voters voted on anything, they voted on saving $18,000, not the language or meaning referring to the changes to the Home Rule Charter.
I read the same thing you did and concluded that the savings would not equate a total of $18,000, but something less. I may send an email over to Mr. Weiss asking for an actual savings and breakdown.
I hate to say it but I believe the $18,000 was used as nothing more than a selling point...and it worked.
Nick M.
Anonymous,
http://www.municipalauthorities.org/?page_id=1156
Legislation
SB 733 Electronic Publication of Legal Advertising
I asked our commissioner about adding certain items that need to go to a referendum to our Home Rule Charter and all I got was a funny squeal. Seems that's why we elect commissioners. To make those hard choices. When I asked how I could get on one of these boards I was told that I really needed his help to get on one. In other words DREAM ON... Not happening! I might want to stop putting up Republican yard signs. My commissioner SUCKS!
I agree with your observation about the likelihood of getting accepted to serve on one.
Unfortunately, because you need to be accepted by the powers-that-be this quote is apropo.
"If everyone is thinking alike, then somebody isn't thinking." — George S. Patton
9:51 - This is why a rewrite of the home rule charter should be completed by a committee that is voted on... imagine that! Among other considerations, would be VOTING people to serve on whatever boards continue to exist. This would help the "I need to be friends with Brumfield to be appointed to the X board" dilemma.
The ballot issue was worded horribly. It was deceptive. They should have clarified. But even if they did, I don't understand the point. They're still obliged under law to advertise public meetings.
1:20, if you had a transparent, open-minded and collaborative municipal government instead of a circle-the-wagons, protect the status quo at all cost administration/pio and commission, we wouldn't need lawyers, protest or blogs.
The Almanac front page is brought to you by those who voted for Franklin Field.
I wonder how many dollars the Solicitor billed ML for his mistaken opinion on the Home Rule Charter vote?
Did you know that the Chairman of the Advisory Home Rule Charter Commission had three degrees from Harvard? The second degree was in Business and the third degree was in Law. We don't have that same quality on our Commission now.
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