[Adopted 1-15-2020 by Ord. No. 2020-1932]
An advisory group to be known as the "Lansdale Borough Environmental
Advisory Commission" is hereby created and shall continue to function
in accordance with the provisions as set forth in this article.
Unless otherwise expressly stated herein, the following words
and phrases, wherever used in this article, shall be construed to
have the following meanings:
The Borough of Lansdale.
The Borough Council of the Borough.
The Lansdale Borough Environmental Advisory Commission.
A.
Composition. The EAC shall be comprised of no fewer than three and
no more than seven members. All members of the EAC shall be residents
of the Borough. Members may be permitted to hold appointed or elected
positions on other Borough committees, boards, or on Borough Council
unless otherwise prohibited by law. Whenever possible, one member
shall also be a member of the Lansdale Borough Planning Commission.
B.
Appointment. Borough Council shall make all appointments to the EAC.
C.
Remuneration. The members of the EAC shall serve without compensation
but may request and may receive reimbursement for expenses to carry
out the objectives of the EAC when those expenses are deemed necessary
and appropriate and have been approved by Borough Council and appropriated
in the annual budget.
D.
Associate members. The duly appointed members of the EAC may as necessary
and desirable also designate by a majority vote up to five associate
members, which associate members will have no voting rights but will
allow further recognized participation by other persons, students,
business owners within the Township, or conservation organization
members, or other individuals with particular skills and training.
A.
Officers. Borough Council shall designate the Chairperson among the
membership of the EAC appointed by Borough Council, who will continue
to serve as Chair unless and until said person is either no longer
a member of the EAC or Borough Council designates a new Chairperson.
The EAC shall also elect among Borough Council appointed membership
individuals to serve as Vice Chairperson and Secretary. In the absence
of the Chairperson, the Vice Chairperson shall preside at all meetings
of the Commission. The Secretary shall be responsible for all meeting
minutes and records of the EAC as may be required under this article.
The EAC may also create and fill such other offices as it may determine
among the Borough Council appointed membership. The Vice Chairperson,
Secretary and such other officers created by the EAC shall serve annual
terms and may succeed themselves. The presiding officer shall decide
all points of procedure, unless otherwise directed by majority of
the EAC, and shall perform any other duties required by law, ordinance
or the adopted rules.
B.
Rules of procedure. The EAC shall adopt rules of procedure necessary
for the purpose of administering this article consistent with Pennsylvania
law and the ordinances of the Borough. A majority of the EAC then
in office shall constitute a quorum.
C.
Meetings. The EAC shall meet monthly on a regularly prescribed date
and time at a regularly prescribed meeting place and may meet at such
other times as the Chairperson deems necessary. All meetings of the
EAC shall be open to the public and shall be scheduled, advertised
and conducted in accordance with the requirements of the provisions
of the Pennsylvania Sunshine Act[1] or successor act. The schedule of the EAC meetings shall
be advertised annually by the Borough.
[1]
Editor's Note: See 65 Pa.C.S.A. § 701 et seq.
D.
Voting. Any action taken at any meeting shall require the affirmative
vote of a majority of those EAC members then present at the time of
voting. Only duly appointed and qualified members of the EAC shall
have the right to cast a vote during its proceedings.
The term of each member of the EAC shall be for three years,
except that the initial appointments for all seven members to the
EAC shall be staggered so that the terms of approximately 1/3 of the
membership shall expire each year, and the term of their successor
shall be three years. Each member's term of office shall expire on
the first Monday in January following the last year of their term
of office.
A.
Removal. Any member of the EAC, once qualified and appointed, may
be removed from office for malfeasance, misfeasance or nonfeasance
in office or for other just cause by majority vote of the Borough
Council. Failure to attend either three consecutive regularly scheduled
meetings or four regularly scheduled meetings during a twelve-month
period shall constitute nonfeasance. Any appointment to fill a vacancy
created by removal shall be only for the unexpired term.
B.
Vacancies. The Chairperson of the EAC shall promptly notify Borough
Council of vacancies on the EAC, and such vacancies shall be filled
for the unexpired term.
A.
The EAC shall be an advisory board to Borough Council and shall coordinate
its activities with Borough Council, the Lansdale Borough Planning
Commission, and other Borough boards, commissions or committees or
such other governmental agencies as directed by Borough Council. All
conclusions, recommendations and opinions of the EAC shall be referred
to Borough Council for appropriate action. Nothing contained within
this article shall be construed as abolishing or limiting the existence
of any other Borough agency, board, authority or commission even though
such agency, board, authority or commission may have a responsibility
related to the powers and duties delegated to the EAC hereunder; provided,
however, that should there occur any overlap in jurisdiction between
or amongst any existing Borough agency, board, authority, or commission
and the EAC with respect to any matter or question, then such matter
or question shall be referred to Borough Council for delegation to
the appropriate entity.
B.
The EAC shall at the request of Borough Council have the power and
authority to take such actions, conduct such programs and events and
otherwise function to carry out its purposes, including the power
to:
(1)
Identify environmental problems and recommend plans and programs
to appropriate Borough agencies for the promotion and conservation
of the natural resources and for the protection and improvement of
the quality of the environment within the territorial limits of the
Borough;
(2)
Make recommendations as to the possible use of open land areas of
the Borough;
(3)
Promote a community environmental program;
(4)
Keep an index of all open areas, publicly or privately owned, including
flood-prone areas, swamps, and other unique natural areas, for the
purpose of obtaining information on the proper use of those areas;
(5)
Advise the appropriate Borough agencies in the acquisition of property,
both real and personal, by gift, purchase, grant, bequest, easement,
devise or lease, in matters consistent with its purpose;
(6)
Work and consult with schools and environmental groups such as North
Penn School District, the Wissahickon Valley Watershed Association,
or other school groups or organizations based in Lansdale Borough
in order to enhance community environmental education programs; and
(7)
Perform any other duties or functions assigned to it by Borough Council.
C.
The EAC shall endeavor, when appropriate and authorized, to take
advantage of such programs of assistance, including educational services,
exchange of information, assignment of technical personnel for natural
resources planning assistance and coordination of state and local
conservation activities, as may be established by the State Conservation
Commission or the Department of Environmental Protection, and any
program of assistance in planning for the management, use and development
of open space and recreation areas, and any other program of assistance
that may be advantageous to the sustainable development and maintenance
of the Borough's environment.
D.
The EAC shall not exercise any powers or perform any duties which
by law are conferred or imposed upon a commonwealth agency.
A.
Records. A member of the EAC shall be designated to keep minutes
of all public meetings of the EAC. The minutes will be submitted to
the EAC members for approval or for amendment and approval at the
next EAC meeting. The approved minutes shall be promptly forwarded
to the Borough Manager for Borough records.
B.
Annual report. The EAC shall keep a full record of its business and
shall annually make a written report by March 1 of each year of its
activities to the Borough Council. Interim reports may be made as
often as may be necessary or as required by the Borough Council.
A.
Annual budget. The EAC may submit a budget annually to Borough Council
for approval for educational materials, training, projects and programs,
or other administrative, clerical or printing costs, or dues for affiliation
with environmental, educational and/or planning organizations. The
Borough may fund all or part of the operations of the EAC from the
general funds of the Borough as may be necessary and available in
the determination of Borough Council. The EAC may not contract for
materials or services.
B.
Alternative funding sources. The EAC may explore sources of funding
for specific projects, including, but not limited to, gifts, grants
and defined fund-raising activities. Prior to engaging or seeking
such other sources of funding, the EAC shall consult with Borough
Council regarding the legal implications associated with receiving
funding from sources other than the Borough. The EAC may also engage
in fund-raising activities that are approved in advance by Borough
Council in order to raise funds to partially or totally finance its
operations and activities. All funds raised, generated or otherwise
received by the EAC as a result of alternative funding sources described
in this article shall be promptly transferred to the Borough and deposited
by the Borough Treasurer into a separate account to be known as the
"Lansdale Borough EAC Account" for the sole use for the purposes of
the EAC. All disbursements from said account shall first be approved
by Borough Council in the same manner as other funds of the Borough
are disbursed.
