[Adopted by Ord. No. 11-19-79D]
2.35.1.
The following boards, commission, committees and authorities are
hereby created:
2.35.2.
Except, where otherwise provided by law, the Charter, ordinance or
designated by the Council, all boards, commissions, committees, and
authorities shall be advisory in nature and perform no administrative
or legislative function.
2.36.1.
The appointment of members of all boards, commissions, committees
and authorities shall be made by the Council.
2.36.2.
A member of any board, commission, committee or authority may be
removed by the appointing authority for cause.
2.36.3.
The number of members and their respective terms on a board, commission,
committee or authority shall be made by the Council or as otherwise
provided by law.
2.36.4.
The terms of no more than a simple majority of the membership shall
expire during the same calendar year.
2.36.5.
Any vacancy on a board, commission, committee or authority shall
be filled by the appointing authority for the remainder of the unexpired
term. Such members shall be appointed within 60 days from the date
of the vacancy occurring.
2.36.6.
During the period in which a vacancy exists, all members shall continue
to serve until a successor is appointed and qualified, except as otherwise
provided by law.
2.36.7.
The members of any board, commission, committee or authority shall
serve without compensation, except as otherwise provided by law, the
Charter or ordinance. Members may be reimbursed for all reasonable
expenses incurred in the performance of their duties.
2.36.8.
All members of boards, commissions, committees or authorities appointed
by Council shall be residents of the municipality.
2.36.9.
No Council member shall serve on any board or commission or be eligible
for appointment to any board or commission of the municipality during
his or her term of office, except in a liaison capacity.
[Added by Ord. No. 12-13-82B]
[Amended by Ord. No. 8-11-86B]
2.37.1.
Each board, commission, committee and authority shall provide for
rules, regulations and bylaws governing its operation. Such rules
and regulations shall provide for the keeping of records pertaining
to its duties, the conduct of meetings and public hearings and a periodic
report to the Council and the Municipal Manager. All such rules, regulations
and bylaws shall be approved by the Council. Council may initiate,
amend or modify any rules, regulations or by-laws of any Board, Commission,
Committee or Authority in its sole discretion.
2.37.2.
The Municipal Manager shall attach each board, commission, committee
and authority to an appropriate unit of the administrative service
for necessary staff, liaison and administrative assistance.
2.38.1.
The municipality may participate with other governmental jurisdictions
for the health, safety and welfare of the citizens of the municipality.
The participation by the municipality shall be in accordance with
appropriate legislation governing such intergovernmental participation.
Where there is no governmental legislation authorizing such governmental
participation, the municipality may enter into such participation
to the extent permitted by law.
2.39.1.
There is hereby created a Cable Television Board.
2.39.2.
The purpose of the Bethel Park Cable Television Board and its duties,
which are illustrative and not exhaustive, include the following:
1.
Receive, review and investigate citizen complaints regarding cable
television in the Municipality, as provided for but not limited to
Section 11[??], "Service Standards" in the Franchise Renewal Agreement:
and report thereon to Municipal Council.
2.
Investigate and maintain records pertaining to the performance of
any cable television franchise to assure compliance with the franchise
agreement, and the periodic reporting of the same to the Municipality,
said reports to be no less than annually and due 90 days prior to
the anniversary date of any cable franchise agreement.
3.
Keep abreast and inform the community and the Municipal Council on
legislation affecting the operation of cable television in the community.
4.
Review and provide the Council all information it believes to be
necessary and relative to any matter affecting cable operations as
regulated by the FCC, Security and Exchange Commission or any other
governmental regulatory agency.
5.
Monitor the cable operator's compliance with the Franchise Agreement.
6.
Act as a coordinating agency between the system operator and the
Municipal Council.
7.
Make recommendations to the Council, whenever necessary, to ensure
contract compliance by the system operator and to represent the best
interests of the Municipal Council and the community at-large.
8.
Administer and encourage the development and use of local (public
access) programming capabilities and resources.
9.
Establish and enforce rules and regulations to be utilized by the
public concerning the use and/or operation of the public access channel
(Franchise Renewal Agreement Section 10-A).
10.
Communicate the needs of the community to the operator.
11.
Monitor and analyze new ideas and changes in the cable television
industry, especially as they relate to the Franchise Renewal Agreement
and the interests of the Municipality.
12.
Conduct such testing as permitted or authorized by the Franchise
Agreement as the Board deems necessary; however, any testing that
requires the expenditure of municipal funds will be subject to prior
approval by the Council.
13.
Conduct performance evaluation sessions as provided for in the Franchise
Renewal Agreement Section 20, A-B.
14.
Inform the Council of any violation of the Franchise Renewal Agreement,
Section 17, which could result in the forfeiture or termination of
the Agreement between the Municipality of Bethel Park and the system
operator.
15.
Review and develop such recommendations regarding cable television
as may, from time to time, be requested by the Municipal Manager or
Council.
2.39.3.
The membership of the Cable Television Board shall consist of five
members. The terms of office shall be four years, except that of the
membership of the Board first appointed, one member shall serve until
the first day of January following the approval date of these duties,
two members shall serve until the first day of the second January
following the approval date of these duties; one member shall serve
until the first day of the third January following the approval date
of these duties, and one member shall serve until the first day of
the fourth January following the approval date of these duties.
[Amended 3-14-1994 by Ord. No. 3-14-94B; 5-13-1996 by Ord. No.
5-13-96C; 8-12-1996 by Ord. No. 8-12-96A; 5-12-1997 by Ord. No.
5-12-97A; 4-22-2002 by Ord. No. 4-22-02; 9-10-2007 by Ord. No.
9-10-07]
2.39.4.
The Municipality of Bethel Park Cable Television Board is granted
the authority pursuant to the Cable Act and the applicable FCC regulations
to review cable television rates and to enforce standards for cable
television service, installation and equipment within the Municipality.
[Added 1-10-1994 by Ord. No. 1-10-94A]
2.39.5.
The Cable Television Board shall conduct hearings to determine the
reasonableness of rates per operator filings or consumer rate complaints
pursuant to regulations that will be established by the Municipal
Council regarding rate regulations.
[Added 1-10-1994 by Ord. No. 1-10-94A]
[1]
Editor's Note: Former Community Relations Commission
added by Ord. No. 11-19-79D was repealed by Ord. No. 1-9-84B and Ord.
No. 3-12-84A. Former Cable Television Advisory Board added by Ord.
No. 1-9-84A was repealed by Ordinance No. 4-13-87C.
[Amended 3-11-1985 by Ord. No. 3-11-85B]
2.40.1.
The Parks, Recreation and Leisure Services Board shall be responsible
for the periodic review of parks, recreation and leisure services
programs for the purpose of setting up programs and recommending changes;
and for advising the Council on parks, recreation and leisure services
needs, the use of facilities, programs, activities and fee structures
relating thereto. The Board may also advise the School Board on matters
pertaining to parks, recreation and leisure services as deemed necessary.
2.40.2.
The duties of the Parks, Recreation and Leisure Services Board shall
be to:
1.
Receive complaints dealing with parks, recreation and leisure services
programs or facilities and make recommendations pursuant to them.
2.
Make recommendations to the Council and School Board on rules and
regulations and practices concerning the utilization of programs and
facilities, schedule of fees for programs and operation of concessions
at park, recreation and leisure services facilities.
3.
Advise the Council and School District on needed facilities and programs.
2.41.1.
The Civil Service Commission shall conduct interviews for selection
and ranking for recommendations to the Council for vacancies in the
Police Department. The Commission shall conduct tests for promotions
within the Police Department. The Civil Service Commission shall prepare
procedures for the selection of persons to fill vacancies, for promotions
and for the discipline of civil service employees.
2.41.2.
The Civil Service Commission shall consist of three members, each
appointed for a three-year term, who shall not be officers or employees
of the Municipality.
2.41.3.
The duties of the Civil Service Commission shall be to:
1.
Grant a hearing to any civil service employee who has been suspended,
removed or reduced in rank, upon the request of said civil service
employee, in accordance with law and as provided in Subsection A above.
2.
Render a decision on every appeal brought before it within 30 days
of the receipt of the hearing transcript, which shall include findings
of fact and conclusions of law.
3.
Adopt within 90 days of its organization rules and procedures which
shall govern appeals and the length of suspension.
4.
Conduct tests for civil service employees and provide an eligibility
list to the Council to fill vacancies.
5.
Conduct tests for civil service employees and prepare a list to the
Council for promotions.
6.
Provide to the Council recommendations for changes to the rules and
regulations concerning the hiring and promotions of civil service
employees in the Police Department for consideration and implementation
as the Council deems appropriate.
[Amended 6-8-1998 by Ord. No. 6-8-98B]
2.42.1.
The Planning Commission shall advise the Municipal Manager, the Council
and the Department of Community Development upon all plans related
to development in the Municipality. It shall function as the planning
agency for the Municipality in all matters prescribed by law which
are not assigned by this Administrative Code to the Department of
Community Development.
2.42.2.
The duties of the Planning Commission shall be to:
1.
Prepare and maintain the Comprehensive Plan for the development of
the Municipality and present the same to the Council for consideration.
2.
Maintain and keep files of all its records.
3.
Perform any and all functions delegated to it by the Council in accordance
with this Code, the Home Rule Charter or applicable law.
2.42.3.
The Planning Commission, at the request of the Council or by official
action of the same may:
1.
Make recommendations to the Council concerning the adoption or amendment
of the Official Map.
2.
Prepare and present to the Council a zoning ordinance and make recommendations
on proposed amendments to it.
3.
Prepare, recommend and administer subdivision and land development
and planned residential development regulations as provided by applicable
law.
4.
Prepare and present to the Council a building code and a housing
code and make recommendations concerning proposed amendments thereto.
5.
Do such other act or make such studies as may be necessary to fulfill
the duties and obligations imposed by applicable law.
6.
Prepare and present to the Council an environmental study.
7.
Submit to the Council a recommended capital improvements program.
8.
Promote public interest in and understanding of the Comprehensive
Plan and planning.
9.
Make recommendations to governmental, civic and private agencies
and individuals as to the effectiveness of the proposals of such agencies
and individuals.
10.
Hold public meetings and hearings.
11.
Require from other departments and agencies of the Municipality such
available information as relates to the work of the Planning Commission.
12.
In the performance of its functions, enter upon any land to make
examinations or land surveys with the consent of the owner.
2.43.1.
The Zoning Hearing Board shall be responsible for hearing appeals
on rulings by the Zoning Officer.
2.43.2.
The Zoning Hearing Board shall perform those duties prescribed by
Act 247 of the State of Pennsylvania[1] and the municipal codes, including the duties to:
1.
Conduct hearings and render decisions on appeals from the Zoning
Officer.
2.
Hear challenges to the validity of any ordinance or map.
3.
Hear requests for variances and render decisions thereon, attaching
such reasonable conditions and safeguards as it may deem necessary
to implement the purposes of law, the Charter or ordinance.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[Added 9-13-1982 by Ord. No. 9-13-82A]
2.44.1.
The Building and Fire Codes Appeals Board shall be responsible for
hearing appeals on rulings by the Building Official or Fire Official
in enforcing the Building Codes or the Fire Code of the Municipality.
2.44.2.
The Building and Fire Codes Appeals Board shall perform the following
duties:
1.
Duties relative to errors. Hear and decide appeals where it is alleged
that there is an error in any order, requirement, decision or determination
made by the Building Official or Fire Official in the enforcement
or administration of the Building or Fire Codes.
2.
Duties relative to code modification. The Board may vary or modify
the application of the Building or Fire Codes when it can be demonstrated
by competent expert testimony or evidence that the provisions of the
code in question should not fully apply to unusual conditions or circumstances
(provided, however, that financial hardship shall not constitute unusual
conditions or circumstances) or that an equally good or better form
of construction or method of construction can be used.
3.
Upon the Council's request or upon its own initiative, make
recommendation to the Council concerning amendments to the Building
and Fire Codes.
4.
Upon the Council's request or upon its own initiative, prepare
and present to the Council proposed amendments to the Building and
Fire Codes.
2.44.3.
The membership of the Building and Fire Codes Appeals Board shall
consist of three members. The terms of office shall be three years
and expire on December 31. When no new appointments are made by December
31, the member shall serve until his or her successor is appointed
or the member is reappointed. No more than one appointment shall expire
each year. For the purpose of transition from a five-member Board
to a three-member Board, new appointments shall be made for one, two
and three years in order to stagger the term expirations.
[Amended 3-11-1996 by Ord. No. 3-11-96A]
2.44.4.
No appeal to the Building and Fire Codes Appeals Board shall be heard by the Board unless the required fees as provided for in Section 34.13 of this Code are paid at the time an appeal is taken.
2.44.5.
The Local Agency Law, 2 Pa.C.S.A. § 105 et seq., shall govern the practice and procedure of the Building and Fire Codes Appeals Board; provided, however, that nothing in this subsection shall prohibit the Board and the Municipal Council from adopting rules and regulations consistent with and in addition to the Local Agency Law pursuant to Section 2.37.[1]
[1]
Editor's Note: Former Section 2.44.6, regarding attendance
of Board members, as amended, which immediately followed this section,
was repealed 6-10-2002 by Ord. No. 6-10-02B.
2.45.1.
The Emergency Medical Service Committee shall participate in the
Emergency Medical Service Advisory Board as representatives of Bethel
Park with the Tri-Community Emergency Medical Service System. The
Committee shall keep the Council advised of the activities of the
Tri-Community Emergency Medical Service System.
2.45.2.
The Emergency Medical Service Committee shall perform those duties
prescribed by the Municipal Council, including the duties to:
2.46.1.
The Municipal Authority shall be responsible for the construction
of the sewage treatment plant for the Municipality of Bethel Park.
It shall function as the Sewage Authority for the municipality.
2.46.2.
The Municipal Authority shall perform those duties prescribed by
law, including the duties to:
1.
Keep the Council apprised of the operations of the Authority.
2.
Bring to the Council's attention any questions that may arise
from any changes in regulations which may affect the municipality.
3.
Cooperate with any other governmental agencies as far as federal
regulations affecting the construction of the sewage treatment plant.
4.
Participate with the municipality to upgrade the sewer system.
2.47.1.
The Council and Municipal Manager may appoint ad hoc boards, commissions
and committees to advise them on specific matters.
2.47.2.
Membership.
1.
The term of membership on any ad hoc board, commission or committee
shall be at the discretion of the Council.
2.
Upon completion of its responsibilities, any ad hoc board, commission
or committee shall dissolve and the terms of its members expire, unless
the Board or commission is recreated and its members reappointed for
a period designated by the Council.
3.
The members of ad hoc boards, commissions or committees need not
be residents of the municipality.
