[11-10-2022 by Ord. No. 8423[1]]
The Council shall meet regularly at least once in every month at such times and places as the Council may prescribe by legal public notice. The Mayor shall serve as presiding officer of Council. All meetings of Council at which any formal or informal vote is taken shall be public, except in the event of an emergency. In the absence of the Mayor, the Deputy Mayor shall preside over the meetings.
[1]
Editor's Note: Former Art. 115, Council Procedure, adopted 10-25-2018 by Ord. No. 8277, was repealed 11-10-2022 by Ord. No. 8422.
[11-10-2022 by Ord. No. 8423]
Special meetings may be held upon the call of the Mayor, or Deputy Mayor in his/her absence or disability, or upon the written request of three or more members of the Council to the City Administrator provided that at least 24 hours' notice is given to each member of the Council.
[11-10-2022 by Ord. No. 8423]
All regular meetings of the Council, except in the case of emergencies, shall be held in the Council Chambers of City Hall, or any other public place that Council designates.
[11-10-2022 by Ord. No. 8423]
(a) 
Council may provide for the participation of members of the Council in meetings of Council by means of telecommunication devices, including telephones or computer terminals which permit audio communication, between locations if:
(1) 
A quorum is established at the convening or reconvening of the meeting. If after the convening or reconvening of the meeting, a member of the Council has been disqualified from voting as a matter of law but is still physically present, members of the Council participating by telecommunication device in accordance shall be counted to maintain a quorum.
(b) 
The telecommunication device used permits the member(s) of the Council not physically present at the meeting to:
(1) 
Speak to and hear the comments and votes, if any of the members of the Council who are physically present as well as other members of the Council who may not be physically present and who are also using a telecommunication device to participate in the meeting; and
(2) 
Speak to and hear the comments of the public who are physically present at the meeting; and
(3) 
The telecommunication device used permits members of the Council and the members of the public who are physically present at the meeting to speak to and hear the comments and votes, if any, of the member or members of the Council who are not physically present at the meeting.
(c) 
Council may only authorize participation by telecommunication device for any of the following reasons for physical absence:
(1) 
Illness or disability of the member of Council.
(2) 
Care for the ill or new born in the member's immediate family.
(3) 
Emergency.
(4) 
Family or business travel.
(d) 
Nothing in this section may be construed to limit the protection, and prohibition contained in any law or regulation relating to the rights of the disabled.
[11-10-2022 by Ord. No. 8423]
All regular and special meetings of Council shall be open to the public. The Council shall provide reasonable opportunity for interested citizens to address the Council on matters of general or special concern at all Council meetings at which a quorum is present, in accordance with the Open Meetings Law (Sunshine Law)[1] of the Commonwealth of Pennsylvania, or any successor law.
[1]
Editor's Note: See 65 Pa.C.S.A. § 701 et seq.
[11-10-2022 by Ord. No. 8423]
All voting of Council shall be public.
(a) 
Each Council member in attendance is required to cast an affirmative or negative vote unless there is a valid written conflict of interest stated prior to the vote.
(b) 
If by voting a member of the Council would be violating the laws of the Commonwealth of Pennsylvania, the member of the Council may abstain and must announce his/her reason for doing so prior to the vote. If a member of the Council abstains for other reasons not required by law, she/he must state the reason why. If a member of the Council abstains from a vote without stating a reason therefor, or if said reason is not a valid reason for abstaining, said abstention shall be considered and recorded as an affirmative vote.
(c) 
Voting except on procedural motions shall be by ayes and nays unless a roll call vote is required by law or requested by a member of the Council.
(d) 
Four members of the Council shall constitute a quorum for official business.
(e) 
For resolutions and motions, the action of a majority of Council present and entitled to vote, unless otherwise stated, shall be binding upon and constitute action of Council.
(f) 
Ordinances shall be enacted by a majority of Council present, except for those noted in § 115.07 where a majority of the full Council is required.
[11-10-2022 by Ord. No. 8423]
(a) 
In addition to any other actions required by law or by this Charter to be taken by ordinance, the following actions of the Council shall be by ordinance:
(1) 
Adopt or amend the Administrative Code, including establishing, altering or abolishing any municipal department office or agency. An affirmative vote of at least four members of the Council shall be required.
(2) 
Adopt the annual budget. Amendments to the budget shall be adopted by resolution.
(3) 
Provide for a fine or other penalty or establish a rule or regulation for violation of which a fine or other penalty is imposed.
(4) 
Levy new taxes or increase the rates of existing taxes. A vote of at least four members of the Council shall be required.
(5) 
Grant, renew, or extend a franchise.
(6) 
Execute a borrowing instrument as required by the Local Government Unit Debt Act.[1]
[1]
Editor's Note: See 53 Pa.C.S.A. § 8001 et seq.
(7) 
Amend or repeal any ordinance previously adopted except for budget amendments.
(8) 
Any increase in the compensation of the Mayor or Council members. A vote of at least four members of the Council shall be required.
(9) 
Legislative acts other than those referred to above may be completed either by ordinance or resolution.
(b) 
No final action shall be taken on the following types of ordinances and amendments without a public hearing and at least 10 days prior public notice of said hearing published in compliance with the current laws of the Commonwealth of Pennsylvania. Said notice shall furnish the time and place of the public hearing and shall state where and when copies of the proposed ordinance may be available for public inspection. Ordinances requiring public hearings shall be scheduled in the event of:
(1) 
Hearing is required by state or federal law.
(2) 
New taxes or increases in the rates of existing taxes. (No prior public notice shall be necessary for the reenactment of taxes levied annually at the same rate.)
(3) 
Adoption or amendment to the Administrative Code.
(4) 
Adoption with or without amendment of ordinances proposed under the initiative power.
(5) 
Ordinances previously adopted or repealed under the referendum power.
(c) 
The preparation of an ordinance requires a majority vote of the members of the Council present at any regular or special meeting of Council. Each ordinance shall be introduced in writing and in the form required for final adoption and then automatically tabled. Upon introduction of any ordinance, the City Administrator or City Clerk shall distribute a copy to the Mayor and each Council member and shall file a reasonable number of copies in the office of the City Clerk and such other public places as the Council may designate.
(d) 
Notice of all proposed ordinances shall be published on the City's Official Information Site, not less than seven days before passage. Notice shall include either the full text or a brief summary of the proposed ordinance which lists its major provision(s) and a reference to the place within the City where copies of the full text of the proposed ordinance may be examined.
(e) 
The ordinance, at a subsequent meeting, may be removed from the table by a motion of a member of the Council. The ordinance, after removal from the table, shall be discussed by the members of the Council, and amendments, if any, shall be made on the floor with the roll call taken on all amendments submitted. The amendments shall be read at length. If the City Solicitor determines that substantial amendments are made in the proposed ordinance, before voting upon enactment, the proposed ordinance shall be placed on the table and shall not be acted on until the next regular or special meeting of Council. Where maps, plans or drawings of any kind are adopted as part of an ordinance, said documents shall be kept on file and available to be examined by the public.
(f) 
When an ordinance receives an affirmative majority vote, it shall then be signed by the Mayor, within 10 days of an affirmative majority vote, or in his or her absence or refusal to sign, the Deputy Mayor or any other Council member and attested by the City Administrator or City Clerk.
(g) 
The penalty for the violation of any ordinance shall not exceed the maximum fine that may be levied or other punishment authorized by any non-Charter municipality in the Commonwealth of Pennsylvania as those limits are established by the General Assembly. Any ordinance may provide that for continuing violations, each day that a violation exists may be regarded as a separate offense and punishable as such.
(h) 
After adoption, all ordinances shall be published on the City's Official Information Site. If prescribed by state law public notice shall be given. The full text of the ordinance need not be published unless required by law; instead, the title or a general summary of the substance of the ordinance will be sufficient to meet the publication requirement. Publication shall occur within 30 days of the enactment of the ordinance. The effective date of the ordinance shall be as set forth by the laws of the Commonwealth of Pennsylvania. In the event said laws fail to set forth an effective date, then said effective date shall be 10 days after the ordinance is signed by the Mayor, Deputy Mayor or other Council member, as permitted by the Administrative Code.
(i) 
All ordinances and resolutions of the City shall be retained verbatim in accordance with the states record retention act. Ordinances and resolutions shall be available for public inspection at reasonable hours. Ordinances and resolutions shall be in the custody and control of the City Clerk and all entries made therein shall be at the direction of the City Clerk. In lieu of an ordinance book the City shall codify all adopted ordinances within six months of the effective date of the ordinance.
(j) 
The Council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. Copies of any adopted code of technical regulation shall be made available by the City Clerk for distribution at a reasonable price.
(k) 
The Council may adopt emergency ordinances in conditions affecting life, health, property, or the public peace. Such emergency ordinances shall not levy taxes, grant, renew, or extend a franchise, regulate the rate charged by any public utility, or authorize the borrowing of money except as provided by the laws of the Commonwealth of Pennsylvania. An emergency ordinance shall be introduced in accordance with § 2.9.C of the Charter, except that it shall be designated as an emergency ordinance and shall contain a declaration stating the emergency that exists. The emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced. It shall become effective upon adoption or at such later time as it may specify. An emergency ordinance shall automatically stand repealed as of the 61st day following the date on which it became effective, but this shall not prevent reenactment of the ordinance in the manner specified if the emergency still exists. An emergency ordinance may be repealed at any time.
[11-10-2022 by Ord. No. 8423]
Proposed ordinances shall be introduced by Council in the form as prescribed by the City Solicitor, and they shall be numbered serially for the calendar year. All resolutions presented to Council shall be submitted in the form as prescribed by the City Solicitor and they shall be numbered serially for the calendar year. A journal of Council motions shall be maintained by the City Clerk, numbering each motion serially, and indicating the subject, whether approved, minute book reference, date and person offering each motion.
[11-10-2022 by Ord. No. 8423]
(a) 
Council shall keep a journal of its proceedings, which shall be in the possession of the City Clerk, and which shall at all times be open to public inspection.
(b) 
Every motion, resolution, or ordinance shall be reduced to writing before a vote is taken thereon.
(c) 
The minutes shall be prepared immediately following the Council meeting and offered in writing at the next regular meeting of Council.
(d) 
The minutes shall include the time, date, and place of all Council meetings; the names of the members of the Council who are present (both in-person and virtual) and those who are absent; the substance of all official action taken during the meeting; and a record of how each member of the Council voted. The minutes must also include the names of all citizens who appeared to provide public comment and the subject of their testimony.
[11-10-2022 by Ord. No. 8423]
(a) 
All reports, communications, ordinances, resolutions, contract documents, petitions or other matters to be submitted to Council shall be filed in the office of the City Clerk not later than 11:00 a.m. on the day preceding the regularly scheduled meeting of Council, whereupon the City Clerk shall immediately arrange an agenda of such matters according to the orders of business. The City Clerk shall furnish each member of the Council, the City Administrator, and Solicitor with a copy of the same at such time as will permit each member of the Council to receive the agenda not later than 24 hours prior to the time of such meeting. Also, the City Clerk shall post a copy of the agenda on the City's Official Information Site at least 24 hours prior to the regularly scheduled meeting of Council.
(b) 
The City Clerk shall post the agenda, which includes a listing of each matter of agency business that will be or may be the subject of deliberation or official action at the meeting, at the location of the meeting and at the principal office of the agency.
(c) 
The City Clerk shall make available to individuals in attendance at the meeting copies of the agenda, which include a listing of each matter of agency business that will be or may be the subject of deliberation or official action at the meeting.
(d) 
The City shall comply with all other requirements of the Open Meetings Law[1] and any successor law.
[1]
Editor's Note: See 65 Pa.C.S.A. § 701 et seq.
[11-10-2022 by Ord. No. 8423]
The order of business of City Council with respect to the consideration and disposition of matters coming before it shall be as follows:
(a) 
Opening exercises.
(1) 
Pledge of allegiance/moment of silence.
(2) 
Call to order.
(3) 
Roll call.
(4) 
Approval of minutes of prior meeting.
(b) 
Adoption of agenda.
(1) 
Acknowledgment of prepared agenda.
(2) 
Consideration of requests to be heard and amendments to agenda.
(3) 
Amendments to agenda.
(4) 
Adoption of final agenda.
(c) 
Public comment and correspondence.
(1) 
Explanation of public comment procedure.
(2) 
Public comment pursuant to Subsection (b) hereof.
(3) 
Administration comments.
(4) 
Receipt of written communications.
(d) 
Fiscal and contractual transactions.
(1) 
Request authorization to bid.
(2) 
Opening of bids.
(3) 
Acceptance of bids.
(e) 
Reports of officials, bureaus and commissions and City Council inquiry.
(1) 
Regular reports.
(2) 
Special reports.
(3) 
City council reports and inquiry.
(f) 
Resolutions. Resolutions in order of City Council file numbers.
(g) 
Ordinances. Ordinances in order of City Council file numbers.
(h) 
New business.
(i) 
Adjournment.
[11-10-2022 by Ord. No. 8423]
(a) 
The Council shall provide reasonable opportunity for public participation.
(b) 
All persons in attendance who are not a member of the Council, or official of the City, wishing to be recognized or heard by Council at a regular or special meeting of Council shall, no later than the time scheduled for the meeting, submit such request to Council upon an approved form.
(c) 
Residents who are speaking on agenda items must be permitted to speak prior to official action being taken on the specific agenda item.
(d) 
Any member of the public who wishes to comment or participate in regular or special meetings of Council or wishes to be recognized or heard by Council at such meetings must adhere to the following rules and regulations which are deemed necessary for the conduct of meetings and the maintenance of order:
(1) 
Public comment shall be afforded at all local agency meetings where a quorum of the Council is present.
(2) 
Public comment shall only be afforded to residents and taxpayers of the City unless otherwise permitted by Council.
(3) 
Public comments on non-agenda items may be scheduled at the end of the business meeting.
(4) 
Comments shall be delivered from a point designated by Council from time to time.
(5) 
The person making comment shall state his or her name and address and whether he or she is a resident and/or taxpayer of the City and the specific subject upon which he or she wishes to speak.
(6) 
Oral comment shall be limited to five minutes unless otherwise extended by the presiding office of Council in cases where a reasonable opportunity to comment cannot be provided within five minutes given the complexity of the subject matter.
(7) 
All remarks shall be addressed to Council as a body and not to any member thereof and no questions shall be asked a member of the Council except through the presiding officer of Council.
(8) 
No person other than a member of the Council and the person having the floor shall be permitted to enter into any discussion, either directly or through a member of the Council, without the permission of the presiding officer of Council.
(9) 
The participant shall abide by the directive of the presiding officer of Council with respect to the maintenance of order and the conduct of the meeting.
(10) 
All comments shall be made in a respectful manner without obscenity or threat and any conduct or comment which constitutes an attempted or actual violation of the law shall result in the immediate removal of the offending public participant from the place of the Council meeting by physical force, if necessary, and Council may, if it deems the same necessary, for the maintenance of order, exclude a public participant who continues to engage in such conduct from Council Chambers or such meeting place of Council for a reasonable period of time thereafter.
[11-10-2022 by Ord. No. 8423]
(a) 
The Council shall establish standing committees in the following categories:
(1) 
Finance, to include community development funds, grants, Act 47, capital improvements, audits, and budget.
(2) 
Parks and Recreation, and Public Works, to include buildings, land use, and streets.
(3) 
Police Department.
(4) 
Fire Department/Code Enforcement.
(5) 
Community Development and Zoning.
(b) 
Each committee shall consist of at least one member of the Council. Each member shall serve as appointed unless excused by a majority of the members of the Council. Any member of the Council may serve on one or more committees.
(c) 
The Mayor shall initially appoint at least one member of the Council to each Committee. The Mayor may serve on any committee and may appoint himself/herself to the same.
(d) 
The Mayor will assign Council members to committees and assign committee chairs on an annual basis at the second regular meeting of Council in January of each year.
(e) 
Monthly meetings will be held as needed. All members of the Council will be informed of the committee meeting schedule and will be provided with committee agendas and any attachments thereto. All members of the Council not on a given committee may attend any committee meeting and are encouraged to participate in committee discussions.
(f) 
The Committee Chair shall set the agenda and preside over the regular meetings of the committee.
(g) 
All committee meetings must be advertised and minutes recorded.
(h) 
All committee meetings must provide for public comment from any residents attending.
(i) 
The committees shall function in an advisory capacity. Committees may meet on an informal basis with department heads or other individuals/organizations to gather information relating to the committee's function. If a committee desires to meet with any department head, the Committee Chair shall request the attendance of the department head at the meeting through the City Administrator. The City Administrator and/or the Chief Financial Officer shall be permitted to attend any committee meeting.
(j) 
Each committee shall report to Council at large its findings and recommendations as to the City functions within its oversight at least monthly.
[11-10-2022 by Ord. No. 8423]
The Council shall determine its own rules and order of business. Robert's Rules of Order shall apply in any situation not otherwise covered by the rules of procedure.
[11-10-2022 by Ord. No. 8423]
A motion to adjourn shall always be in order and shall be decided without debate.