Showing posts with label Home Rule Charter. Show all posts
Showing posts with label Home Rule Charter. Show all posts

Thursday, December 28, 2017

"Disgusted with Government" UPDATED 12/29/17

That's what Mt. Lebanon resident and Lebo Citizens Reader, Rudy Bies had to say yesterday when he tried to prepay his taxes.

Residents could have save thousands of dollars had Mt. Lebanon cooperated with its taxpayers. It would have been a win-win situation.

But Miss High and Mighty Morgans said that Mt. Lebanon can't violate its Home Rule Charter.

We NEVER make exceptions, do we? What would have happened if we had? If you want reasonable government, consider moving to Upper St. Clair, Peters Township, or Bethel Park. They look out for their residents.

Read more: New tax rules befuddle some property owners, make early birds out of others

Update December 29, 2017 8:51 PM I wanted to share the following with Lebo Citizens Readers. Rudy Bies emailed some more of his thoughts on this topic.

I am sending this just for the record to support why I believe the residents of Mt. Lebanon were treated very poorly by our very own local government. 

Below is the link for a PDF of the
LOCAL TAX COLLECTION LAW
Act of May. 25, 1945, P.L. 1050, No. 394

This is the law that Joe Senko, Mt. Lebanon Treasurer gave to me and it was his excuse as to why he could not accept any 2018 tax payment in 2017.

 

http://www.legis.state.pa.us/WU01/LI/LI/US/PDF/1945/0/0394..PDF

To make it easy -I have highlighted below what is found near the bottom of page
19 of 37, of the attached PDF, which is a copy of the law.
 
 
Section 15. Receiving County Taxes Not Assessed and Adding
Names to Duplicates Prohibited.--It shall not be lawful for any
county treasurer, county commissioner or any tax collector, nor
for any other person, on his or their behalf, to receive payment
or give any receipt for the payment of any taxes that have not
been duly assessed and returns of said assessment made according
to law, nor shall any such treasurer, commissioner or tax
collector, or other person on his or their behalf, receive
payment or give any receipt for the payment of any taxes from
the collection of which the tax collector has been exonerated
according to law....  


I have bolded above and underlined the key provisions.

In short - it is unlawful to "receive payment or give any receipt"...

CONCEPT ONE
Most of us taxpayers are quite content to use our cancelled check as a receipt.
So we as taxpayers are not asking anyone one to give us a receipt, at least not at this time, as many are concerned about their federal tax deduction.

CONCEPT TWO
Notice above - how poorly the law is written - it states that the collector is not allowed to receive payment.

The collector has no control over the taxpayer.  When a taxpayer chooses to mail their tax payment to the tax office and the tax office opens the mail, the tax payment has obviously been received. That fact can not be changed.

SUMMARY
Please don't read the above law with an approach for what it should say or what may have been intended - I ask that you simply read it for what it actually says and to read it from a perspective of how you could accommodate the taxpayers if you were in a position of "authority".

Notice above that I have highlighted in red that the law also includes the County, yet Allegheny County was quite helpful in accommodating the tax payers - Joe Senko was not.

It would seem that there was absolutely no effort made to accommodate  the taxpaying residents of Mt. Lebanon, not by our local government, not by our state legislature, and not by our governor, who could have easily issued an executive order.

Friday, October 7, 2016

What does this mean?

On Monday's Commission Discussion Session Agenda, Item number 5:





Section 914 Tax Rates from the Home Rule Charter



Is this going to be one of those crazy referendums again? Remember this one that was on the front page of The Almanac? Brilliant MTL Commissioners and and the Voters Violate State Law
November 2014
Oh what will they think of next?

Friday, November 20, 2015

What will happen when we don't give our addresses at Citizen Comments on Monday? UPDATED 2X

On November 15, 2015,  I filed a Right To Know asking for proof that Coleen Vuono is a bona fide resident of Ward 3, as required in the Home Rule Charter,  Article III, Section 305 Qualifications of Commissioners.

To file this Right To Know, I had to give my name and address. To speak at a commission meeting, I must provide my address showing that I am a resident of Mt. Lebanon.

Today, I received this response. 11/20/15 Response to Vuono address RTK

I am so tired of the crap that is being thrown at me by the municipal staff and commission. Not that it will do any good, but I sent this email to Bonnie Cross, Keith McGill, Phil Weis, and Dan Miller.

This is unbelievable. I am required to give my address when I file RTKs and when I address the commission. Yet, my commissioner is not required to prove that she is a bona fide resident of Ward 3. If Coleen Vuono is not a bona fide resident of Ward 3, she cannot be a Ward 3 commissioner. I will hear on or before December 18? After the legal review, Ms. Vuono will only have two weeks left of her term.

What is really pathetic is that yesterday, Ms. Vuono's dossier was updated on the municipal website to show her new residency on Kingsberry Circle. http://mtlebanon.org/index.aspx?nid=56 A pdf is also attached showing her updated dossier.

You folks are abusing the Right To Know law. Every RTK I file now, includes an additional 30 day extension for a legal review. Unbelievable.

Elaine Gillen
So what will happen if we refuse to give our addresses on Monday, if we choose to speak during Citizen Comments at Monday's Commission Meeting? I would have added a link to the Commission Meeting Agenda here, but as of 7:25 PM, no agenda has been posted on the municipal website.

Update November 21, 2015 2:48 AM The manager has until 6:30 PM tonight to post the meeting agendas according to Section 110.4 of the Administrative Code.









Update November 21, 2015 8:44 AM

From:Keith Mcgill <kmcgill@mtlebanon.org>
To:egillen476 <egillen476@aol.com>
Cc:Commission <commission@mtlebanon.org>; Philip Weis <philip.weis@bipc.com>; Nicholas Schalles <nschalles@mtlebanon.org>
Subject:Re: Agendas
Date:Sat, Nov 21, 2015 8:32 am
Attachments:Discussion Session 11-23-15.pdf (342K), Supplemental agenda 11-23-15.pdf (305K), 2016 Salary Ordinance.pdf (486K)

Good morning Elaine,

 The regular meeting agenda is on the website under the video part of the website, where citizens can observe the agenda and comment on the items.  It's been there since Friday afternoon and I know it is also on the cable channel.
I just sent the discussion and agenda and related salary ordinance to Nick Schalles to post on the web. I am attaching the same documents to this email for you.
Sorry for the delay. They should be on the website soon.
Keith 

On Fri, Nov 20, 2015 at 10:12 PM, egillen476@aol.com <egillen476@aol.com> wrote:
Commissioners,

As of 10:10 PM tonight, there are no meeting agendas for Monday's Commission Discussion Session or Commission Meeting posted on mtlebanon.org.  Would you be able to send me a copy so that I may post it on my website, lebocitizens.com?

Elaine Gillen



--
Keith McGill, AICP
Interim Municipal Manager/Municipal Planner
412-343-3684
kmcgill@mtlebanon.org 

Friday, May 22, 2015

The financial ruin of Mt. Lebanon

On Tuesday's Commission Agenda: Dave Brumfield will be introducing an ordinance that will be the financial ruin of Mt. Lebanon.

Introduction of Ordinance (Bill No. 7-15) amending the Charter to change the number of commissioners required to incur debt.  
On January 7, 2014, the Ad Hoc Home Rule Charter Study Committee recommended various changes to the Charter.  
Currently, a simple majority of the Commission is authorized to make decisions regarding expenditures, capital programs, budgets, and setting of tax rates. However, the Charter requires a super majority of the Commission to make decisions regarding debt. This ordinance would change the Charter regarding the number of commissioners required to incur debt to promote uniformity in financial decision making.  
The proposed ordinance would place the issue on the November 3, 2015 general election ballot.  
Recommended Action:   
DB 1. Introduce Ordinance (Bill No. 7-15). 
JB 2. Set the public hearing for June 9, 2015

This will be the financial ruin of Mt. Lebanon if this goes through. Our Home Rule Charter now requires four affirmative votes to incur debt. This is also referred to a "super vote." It was put in place as a checks and balances system to prevent an election year like this one where Wards 1, 3, and 5 elect their commissioners. It is not going to happen, but let's say that no incumbent wins this year. There would be three newbies in office. They would not need to rely on the advice of the Ward 2 and 4 commissioners. Wards 1, 3, and 5 hold all the cards.

Consider this. Bendel wins. He is proturf. Brumfield and Silverman are proturf. The three of them could incur debt to replace all the municipal fields with artificial turf. They could turn McNeilly into a new recreation center and our bond rating would plunge.

I have been told that this blog is toxic. I maintain that all I am doing is documenting the toxicity. This is really bad for Mt. Lebanon's future.


Wednesday, November 12, 2014

Brilliant MTL Commissioners and the Voters Violate State Law UPDATED

Mt. Lebanon residents vote to allow legal notices outside newspapers





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.”

“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.
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.

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

Thursday, January 30, 2014

Want to make it easier to raise taxes by borrowing money?

That is what will happen if we, the voters, approve a change in the Home Rule Charter. Today's Trib outlines the Change in store for Mt. Lebanon.

The easy one is to make the Home Rule Charter gender neutral. Kristen Linfante thanked Home Rule Charter Chairman Bill Matthews for that change. That is not important to me, but evidently it is to Kristen.

The change with the biggest impact to Mt. Lebanon is the one which eliminates super votes, that is bond issues only require three votes, instead of four. The commissioners absolutely loved that one. I think Kristen forgot that the voters still have to approve these changes. This would be after the Commission approve the changes. The presentation is the first item on the Municipal video.

How I interpret this particular change for incurring debt is that every four years, when Wards 1, 3, and 5 elections are held, the potential to control Mt. Lebanon are during those elections. Only three like minded candidates would have the power to do anything they wish. In addition, when the commissioners voted on the Rec Bond, for example, the three commissioners who are spending our undesignated funds for toxic turf, would have been able to stick it in the Rec Bond. They would only require three votes, instead of four, to issue bonds and ultimately raise our taxes.

A positive change to our Home Rule Charter would be to change the tax increase cap from 2 mills to one that does not exceed a 20% increase of the prior year's real estate tax levy. In 2013, 20% = 0.90 mills. Based on 2013 millage rate, the 2 mill cap now allows a 44% property tax increase without voter approval. (2 mills/4.51 mills = 44.3%)

Here is the link to the Ad Hoc Home Rule Charter Study Committee Final Report. Our Home Rule Charter is our Constitution. We will be asked to change the way we have been governed since 1975.