Home Rule Study Commission

Home Rule Study Commission Borough of Greenville Minutes of the Meeting held July 31, 7:00 PM Greenville Senior Center 1. Call to Order Paul Miller, Commission Chairman 2. Pledge of Allegiance – Casey Shilling 3. Roll Call: Paul Hamill Hal Johnson Martha Johnson Paul Miller Casey Shilling Steve Thompson Steve Williams – absent Also present: Jasson Urey, Lawrence Keller, Tracy Beil and Media: Molly Moser, Record-Argus 4. Public Comments: Tracy Beil questioned how we determine which of the attorneys’ suggestions we keep and which we do not. Paul Miller explained that not all suggestions are based on laws but some are based on common practice or the attorney’s belief that they should be clarified or removed. 5. Minutes: Paul H. made a motion to accept the July 25 minutes as presented with a correction in the fourth point on page three and the need to add sections from Article 4. Steve T. offered a second. Motion carried 6-0. 6. Old Business: A motion was made by Steve T. to leave section 5.1 as written by the COW. Hal offered a second. The secretary called an individual vote and the motion carried 6-0. A motion was made by Hal to accept the proposed changes to section 5.3 (b 6) of the current draft. Paul H. offered a second. The secretary called an individual vote and the motion carried 6-0. A motion was made by Hal to leave section 5.3 (c 2) as written. Casey offered a second. The secretary called an individual vote and the motion carried 6-0. A motion was made by Hal to accept the proposed changes to section 5.3 (d) of the current draft. Casey offered a second. The secretary called an individual vote and the motion carried 4-2 with Paul M. and Martha opposed. A motion was made by Paul H. to leave section 5.3 (e) as written. Casey offered a second. The secretary called an individual vote and the motion carried 6-0. A motion was made by Hal to leave section 6.7 (b) as written. Casey offered a second. The secretary called an individual vote and the motion carried 6-0. A motion was made by Hal to leave section 6.10 (b) as written. Casey offered a second. The secretary called an individual vote and the motion carried 6-0. A motion was made by Casey to modify 6.14 (b) to read: “When setting Earned Income Tax (EIT) rates for town residents, Town council shall not exceed an annual increase of more than .5% and shall not exceed an EIT rate of more than 2.5%. Martha offered a second. The secretary called an individual vote and the motion carried 6-0. A motion was made by Hal to accept the proposed changes to section 6.14 (c) of the current draft. Paul H. offered a second. The secretary called an individual vote and the motion carried 6-0. A motion was made by Hal to leave section 7.1 as written. Casey offered a second. The secretary called an individual vote and the motion carried 6-0. A motion was made by Paul H. to add the phrase “…as permitted by applicable law” to the end of the last sentence in section 7.2. Casey offered a second. The secretary called an individual vote and the motion carried 6-0. A motion was made by Hal to add zoning as an exception for referendum as follows: “… levy of taxes, zoning, or salaries of town officers or employees.” in section 8.1. Casey offered a second. The secretary called an individual vote and the motion carried 6-0. A motion was made by Hal to add zoning and salaries of town officers or employees as an exception for initiative as follows: “…budget or capital program, zoning, any emergency ordinance or ordinance relating to appropriation of money, levy of taxes, or salaries of town officers or employees.” in section 8.2. Casey offered a second. The secretary called an individual vote and the motion carried 6-0. A motion was made by Paul H. to strike section 9 and to move section 9.3 to 5.2 (d). Hal offered a second. The secretary called an individual vote and the motion carried 5-1 with Martha abstaining. A motion was made by Hal to strike the phrase “No earlier than January 1, 2025” from the beginning of section 9.1 (formerly 10.1) and to replace it with the phrase “Pursuant to State Home Rule Law and State Election Code”. Paul H. offered a second. The secretary called an individual vote and the motion failed 2-4 with Martha, Paul M., Casey, and Steve T. opposed. A motion was made by Casey to leave section 9.1 (formerly 10.1) as written. Steve T. offered a second. The secretary called an individual vote and the motion carried 4-2 with Hal and Paul H. opposing. A motion was made by Casey to amend the first sentence of section 9.2 (formerly 10.2) to read “In January of 2025 and each tenth year thereafter, five registered voters of the town shall be elected as members of the charter review commission in the preceding November election.” Paul H. offered a second. The secretary called an individual vote and the motion carried 6-0. A motion was made by Hal to accept all proposed changes to section 10.1 (formerly 11.1) of the current draft. Casey offered a second. The secretary called an individual vote and the motion carried 6-0. A motion was made by Paul H. to strike section 10.2 as written in the current draft and to replace it with 10.2 (a) and 10.2 (b) as follows: 10.2 (a) The Town shall be the successor in interest to the Borough of Greenville in all respects and shall continue to own, possess, exercise, control and enjoy all of the property, rights, privileges and obligations of the Borough of Greenville whether absolute, conditional, accrued or inchoate, as the case may be, as of the effective date of this Charter. All rights of action, suits and prosecutions pending or to be instituted to enforce any right or penalty accruing, or to punish any offence committed, prior to the effective date of this Charter, shall continue with the same force and effect thereafter. 20.2 (b) Borough of Greenville’s ordinances, resolutions, taxes, assessments, fines, penalties and other pre-existing official actions in effect on the effective date of this Charter shall remain in effect until they expire by their terms or are amended or repealed under the applicable provisions of this charter. Steve T. offered a second. The secretary called an individual vote and the motion carried 6-0.  A motion was made by Paul H. to accept the proposed changes to section 10.3 (formerly 11.3) of the current draft. Casey offered a second. The secretary called an individual vote and the motion carried 6- 0. A motion was made by Paul H. to accept the proposed changes to section 10.4 and 10.5 (formerly 11.4 & 11.5) of the current draft with numerical adjustments made due to the removal of Section 9. Hal offered a second. The secretary called an individual vote and the motion carried 6-0. Discussion took place on the content of the Power Point Presentation for the Public Hearings. Dr. Keller will prepare the presentation. 7. New Business: Paul Miller stated that on August 22, the plan is to come out of the Committee of the Whole and vote on the Charter as a Commission after making any final changes. 8. Public Comments Tracy Beil expressed her support of a seven person council and highlighted supermajority and diversity of thought. 9. Good of the Order: Paul H.: Nothing to add Steve T: Nothing to add Martha: Thought there was more good conversation tonight and wanted to stress that we should never say “never” for Greenville in relation to a public comment at the last meeting Hal: Stated he still hopes to address taking council from seven members to five members Casey: Thanked Tracy for attendance, apologized for absences, encouraged the commission to remain positive as they present their work Paul M.: Stated that it is imperative to remain positive and hopes the commission will speak as one voice, we will not conduct business at the public hearings and they will not be recorded 10. Adjournment Paul H. made a motion to adjourn the meeting and Casey. offered a second. Motion carried 6-0 and the meeting adjourned at 9:02 PM. Respectfully submitted, Martha C. Johnson, Commission Secretary /Treasurer