McADOO - Mayor Dane Watro's proposal to cut the tax collector's commissions was put on hold while legal advice was sought from the borough solicitor's law firm.
Ultimately, the borough council voted 4-3 against reducing the commissions from 5 percent to 3.5 percent in 2014.
Watro, during his report to council at Tuesday's meeting, asked members to consider cutting the commissions.
The action would have no effect on the borough's current, long-time tax collector, Andy DeBalko, whose term expires at the end of the year.
However, if DeBalko chooses to seek re-election - he hasn't yet decided if he will - the new commission rate would have applied to his new term.
The legal decision concerned DeBalko's wife, Marion, who is a member of council, and whether she could vote on the issue.
After two council members motioned to take Watro's suggestion under consideration for next year, Marion DeBalko asked attorney Justin Richards, who was filling in for solicitor Joseph Baranko at the meeting, if she could vote or should abstain.
Richards said he wasn't sure and tried to contact Baranko, but was not successful. Council President Joe Madochick asked Richards if he could call someone else, and he offered to find one of Baranko's law partners in the firm of Gillespie, Miscavige, Ferdinand and Baranko LLC.
After a few minutes, Richards was able to reach attorney Robert Gillespie, who said Marion DeBalko could vote on the issue since her husband isn't sure he will return as tax collector in 2014 and because her vote would have no bearing on the commissions he collected this year.
Marion DeBalko voted against cutting the commissions and she was joined by council members Clara Preputnick, Madochick and John Shigo. Council members John Perhonitch, William Slovik and Mary Labert voted in favor.
If Marion DeBalko had abstained from voting, council would have deadlocked 3-3 and Watro would have broken the tie, most likely in favor of cutting the commissions.
Also on an identical 4-3 vote, council appointed Joseph Peake, Sugarloaf, as a zoning/code enforcement officer. He will replace Adam Wisniewski, whose letter of resignation was accepted by council.
Labert said her "no" vote wasn't that she was against Peake but more because she didn't know the applicant and wasn't present when he was interviewed.
The position is 20 hours a week.
DeBalko thanked Wisniewski for his service to the borough.
Council also reappointed Dan Borchick to a three-year term on the zoning hearing board by a 7-0 vote.
In other business, a new agreement with the streets department's three part-time employees was approved.
Madochick said it basically sets hourly pay rates for the part-time workers. Streets foreman Frank Orem is paid $10.60 per hour and the two other part-time positions are paid $10.10 per hour. The starting pay in the streets department is $9 per hour.
Madochick, Shigo, DeBalko and Preputnick voted for the agreement. Labert and Perhonitch also voted in favor pending a review by the solicitor. Slovik said he voted "no" because the agreement wasn't reviewed by the solicitor.
The council also approved placing a yield sign at the corner of Sherman and Harrison streets due to several crashes in that area, according to Madochick. The new yield signs will be placed in both directions.
They tabled a decision on moving a meter at Blaine Street and Kennedy Drive and felt more discussion was needed about it at the next work session.