Borough of Greenville, PA Article XX Boards, Commissions and Committees

§ 4-80 Creation.

A. The following boards, commissions and committees are hereby created:

(1) Civil Service Commission.

(2) Building Code Appeals Board.

(3) Planning Commission.

(4) Zoning Hearing Board.

(5) Greenville Area Public Library.

(6) Historical Commission.

(7) Restore Riverside Park Advisory Committee.

(8) Community and Economic Development Agency.

(9) Ad hoc boards and commissions.

B. Except where otherwise provided by law, the Home Rule Charter or ordinance, boards, commissions and committees shall be advisory in nature and perform no administrative function.

C. At the time of their creation, Town Council shall identify the purpose and performance expectations of each board, commission or committee.

§ 4-81 Membership.

A. The appointment of members of all boards, commissions and committees shall be as provided in the Home Rule Charter.

B. A member of any board, commission or committee may be removed by the appointing authority for cause.

C. All boards and commissions shall consist of an odd number of members with terms of membership specified at the time of appointment or as otherwise provided for in law, the Home Rule Charter, or ordinance.

D. The terms of no more than a simple majority of the membership shall expire during the same calendar year.

E. Any vacancy on a board, commission or committee shall be filled by the appointing authority for the remainder of the unexpired term.

F. The members of any board, commission or committee shall serve without compensation, except as otherwise provided by law, the Home Rule Charter, or ordinance. Members may be reimbursed for any reasonable expenses incurred in the performance of their duties.

G. All members of boards, commissions and committees shall be residents of the Town unless Council is seeking expertise not available within the Town.

§ 4-82 Organization.

A. Each board, commission or committee shall provide for rules and regulations 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 reporting to the residents of the Town and the Chief Administrative Officer. All such rules and regulations shall be approved by the Chief Administrative Officer. The Council at the time of creation of a board, commission or committee shall stipulate requirements to report to Council on a periodic basis.

B. The Chief Administrative Officer for each board, commission or committee shall identify, from among the Town's personnel, who will provide staff support, liaison with the Town, and administrative assistance.

C. All boards, committees and commissions shall periodically report to Council and submit an annual budget request for the preceding year's anticipated expenses.

D. When any board, committee, or commission wishes to seek experts to help fulfill their duties, a written request must be presented to the Town Manager that specifies the service and who is being requested to perform this service. Concurrence of this request must be provided by Council. Expert assistance will not be sought without the concurrence of Council.

§ 4-83 General provisions.

A. Purpose. The administrative boards, commissions and committees specified in this Administrative Code support the proper and efficient conduct of municipal affairs. The boards, commissions, and committees perform duties of a continuing nature in specific areas as designated by this Administrative Code, the Home Rule Charter or other local ordinances.

B. Establishment of administrative boards; authority.

(1) The boards, commissions and committees designated in the following sections have been previously established by ordinance or are reaffirmed by this Administrative Code. Additional boards shall, from time to time, be established by ordinance as deemed necessary by the Town Council. However, no additional committees may be created until the Town Council has determined that the functions of the proposed committee cannot be feasibly performed by an existing board, commission or committee.

(2) The bodies specified as administrative boards in this Administrative Code have been or are hereby established within the requirements of the statutes of the Commonwealth of Pennsylvania and the laws of the Town of Greenville and shall have authority only in the specific areas of responsibility granted to such boards by the statutes of the Commonwealth of Pennsylvania, by this Administrative Code, by the Home Rule Charter, or by other ordinances of the Town.

C. Expenditure of public funds; contracts. No board, commission or committee shall have the authority to spend Town funds unless provided for in Greenville's annual operating budget and the expenditure is specifically approved by the Town Council and Town Manager. The Manager, as necessary and/or appropriate, shall assign municipal employees to serve as liaison with and provide staff services to the boards, commissions and committees. No administrative board, commission or committee shall have the power to enter into contracts without the concurrence of Town Council.

D. Appointment; vacancies; removal and compensation of members; indemnification.

(1) Appointment. The Town Council shall appoint the members of administrative boards, commissions and committees. Appointments to fill vacancies shall be only for the unexpired portion of the term.

(2) Removal. Members of administrative boards, commissions and committees may be removed prior to the expiration of their appointed term by a majority vote of the Town Council or in accordance with the laws of the Commonwealth of Pennsylvania applicable to such administrative entities.

(3) Compensation. Members of administrative boards, commissions or committees shall not be compensated for fulfilling their duties. Expenses shall be reimbursed in accordance with law and local ordinances.

(4) Indemnification.

(a) Members shall be indemnified against expenses (including attorneys' fees), judgments, fines, and amounts paid in settlement actually and reasonably incurred in connection with any adverse action by reason of the fact that they are a member, if the member acted in good faith and in a manner reasonably believed to be in the best interests of the Town. With respect to any criminal action or proceeding, a member had no reasonable cause to believe their conduct was unlawful. The termination of any action, suit, or proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent shall not, of itself, create a presumption that the member did not act in good faith and in a manner which they reasonably believed to be in the best interests of the Town and, with respect to any criminal action or proceeding, had reasonable cause to believe that this conduct was unlawful.

(b) To the extent that members have been successful on the merits or otherwise in defense of any adverse action, they shall be indemnified against expenses (including attorneys' fees) actually and reasonably incurred by them in connection therewith as of right. In all other instances, indemnification should be made by the Town only as authorized in a specific case upon a determination that the indemnification of the member(s) is proper in the circumstances because they have met the applicable standard of conduct set forth above. Such determination shall be made by the Town Council.

(c) Expenses incurred in defending a civil or criminal action, suit or proceeding shall be paid by the Town in advance of the final disposition of such action, suit or proceeding as authorized by the Town Council in a specific case upon receipt of an undertaking by or on behalf of the member(s) to repay such an amount unless it shall ultimately be determined that they are entitled to be indemnified by the Town as provided herein.

(d) The indemnification provided by this subsection shall not be deemed exclusive of any other rights to which those seeking indemnification may be entitled by any contract or as a matter of law.

(e) The indemnification shall continue as to such person who has ceased to be a member and shall inure to the benefit of the heirs, executors and administrators of such person.

E. Officers; duties of officers.

(1) Officers.

(a) Chair and Vice Chair. A Chair and a Vice Chair of each board, commission or committee shall be elected by the members of each such unit in January or July of each year. Each officer shall serve terms of one year.

(b) Secretary. The members of each board, commission or committee may elect one of their own members or appoint an employee of the Town (to be designated by the Town Manager) to act as Secretary. The Secretary, if elected from the membership, shall serve a one-year term. If an appointed Town employee, the Secretary shall serve at the pleasure of the board.

(2) Duties of officers.

(a) Chair and Vice Chair. The Chair or, in the absence of the Chairman, the Vice Chairman, shall preside at all meetings and hearings of an board, commission or committee and decide all points of order or procedure and perform any other duties required by the statutes of the Commonwealth of Pennsylvania or by the ordinances of the Town.

(b) Secretary. The Secretary or the designee, at the direction of the board, commission or committee, shall be responsible for all official correspondence, send out all notices required by law, keep a record of each meeting, examination, or other official action of the board, commission or committee and perform all other duties required by the board, commission or committee by this Administrative Code, and by the laws of the Commonwealth of Pennsylvania or by the Town ordinances.

F. Meetings; procedures for meetings.

(1) All meetings and hearings of board, commission or committee shall be open to the public unless otherwise permitted by law.

(2) Regular meetings of boards, commissions and committees shall be held on a designated day as established at the annual organizational meeting. The first regular meeting in January or July of each year shall constitute the annual organizational meeting of a board, commission or committee.

(3) Special meetings may be held as needed upon the call of the Chair or Vice Chair, provided that appropriate notice of each meeting is given to each member and to the public in accordance with the statutes of the Commonwealth of Pennsylvania.

(4) A quorum shall consist of at least a majority of all members of the board, commission or committee.

(5) The Chair or, in the Chair's absence, the Vice Chair, shall administer oaths and may compel the attendance of witnesses when required by law in accordance with the provisions of the laws of the Commonwealth of Pennsylvania.

(6) The Secretary or a designee shall keep the minutes of the board, commission or committee proceedings which show the vote of each member upon each question, or, if absent or failing to vote, indicating such fact.

(7) A file of all materials and decisions relating to each case shall be created by the Secretary or a designee as part of the records of each committee.

(8) All records and materials must be stored at the Greenville Municipal Building. No official records are permitted to be stored in the homes of any individual committee members.

(9) All records of boards shall be public records, unless otherwise permitted by law.

(10) All meetings of boards, commissions and committees shall be conducted in an orderly fashion and in accordance with the rules delineated in Robert's Rules of Order.

§ 4-84 Greenville Historical Commission.

A Greenville Historical Commission is hereby established. The Historical Commission shall be composed of five members at large who shall be citizens of the Town. All members of the Historical Commission shall be appointed by Council on an annual basis for a one-year term. It shall be the duty of the Commission to collect, catalog and maintain items of historical interest in conjunction with Council and to maintain those items available for reasonable public inspection at a central location to be established from time to time by Council. The ordinance creating the Historical Commission was adopted by the Greenville Council on March 9, 1976, by Res. No. 1976-4.

§ 4-85 Greenville Area Public Library.

A. The Greenville Area Public Library and its Board of Directors is hereby designated as the agent of the Town to provide continuing free library service to the residents and taxpayers in accord with prior law and in accord with the Library Code of 1961. (now Public Library Code, Act 210 of 2012, 24 Pa. C.S.A. § 9301 et seq.)

B. The Town shall maintain (or assist in the maintenance of) the Greenville Area Public Library in accord with the provisions of § 401 of the Library Code of 1961, at an annual level of financial support to the Greenville Area Public Library effective for the fiscal year 2003 and each and every year hereafter until modified by ordinance, in an amount to be set annually by Town Council. The financial support as determined by the Town Council shall be paid out of current revenue of the Town.

§ 4-86 Greenville Municipal Airport Commission.

A. Continuation of Commission. The Greenville Municipal Airport Commission, established in November 1964, in association with the Greenville Municipal Airport shall continue.

B. Powers and duties.

(1) Powers. The Greenville Municipal Airport Commission oversees the operation and facilities of the airport.

(2) Duties. The duties of the Greenville Municipal Airport Commission include making recommendations to the Town Council regarding the proper management, maintenance, and improvement of the Greenville Municipal Airport and its facilities. The advancement and betterment of the airport shall be the primary focus and responsibility of this Commission.

(3) Membership. The Greenville Municipal Airport Commission consists of six members. Members serve a one-year term that expires on December 31. Members may be reappointed by the Town Council at the first Council meeting each January.

§ 4-87 Civil Service Commission.

A. Continuation of Commission. The Town of Greenville's Civil Service Commission established in accordance with Section 1172 of the Town Code of the Commonwealth of Pennsylvania and affirmed by Article Five, Section 502, of the Home Rule Charter shall maintain a personnel system for police and fire departments.

B. Powers and duties.

(1) Powers. The Civil Service Commission has the power to recommend, amend, and enforce the Civil Service Rules and Regulations. It may also conduct investigations and has the power to issue subpoenas over the signature of the chairman. Any person who fails to obey a subpoena issued by the Commission shall pay a fine not exceeding $100 or, upon refusal or failure to pay, shall be imprisoned for a period of time not exceeding 30 days.

(2) Duties. The Civil Service Commission shall be responsible for implementing the Civil Service Rules and Regulations for the hiring, promotion, discipline and dismissal of police and fire personnel as adopted and amended from time to time by Council. The Commission shall also submit an annual report to the Town Council summarizing the work completed during the year.

C. Membership. The Commission shall consist of three members, each of whom are qualified electors of the Town. Members are appointed by Council to serve terms of six years. Members are also required to take an oath of office before performing their official duties.

§ 4-88 Building Code Appeals Board.

Greenville is mandated by the Pennsylvania Uniform Construction Code (UCC), P.L. 491, No. 45 of 1999, to appoint a Building and Fire Codes Appeals Board to hear property owners' appeals from decisions and interpretations of the building and fire codes official.

A. Continuation of Commission. The Building Code of Appeals Board established in accordance with the UCC by Ordinance 1431, dated May 11, 2004, and Resolution 2004-13, dated June 8, 2004, shall continue.

B. Powers and duties.

(1) Powers. The Board has the power to interpret any provision of the International Building Code, National Electric Code, International Plumbing Code, International Property Maintenance Code and any other applicable codes and ordinances for which the Code of Appeals Board has jurisdiction. The Board may also grant a variance where a strict application of certain codes and ordinances would cause unnecessary hardship or practical difficulty, or where the public health and safety is put in jeopardy. The Board may also make recommendations to Council regarding changes and modifications to building-related ordinances or codes.

(2) Duties. The duties of the Code of Appeals Board shall be to:

(a) Review periodically all building or structural ordinances of the Town;

(b) Advise the Chief Administrative Officer, the Council, and the Code Enforcement Officer on projected and proposed policies and procedures for the enforcement of building standards and structural ordinances; and

(c) Hear appeals brought before it under the provisions of building standards and structural ordinances adopted by Greenville Council in accordance with law.

(d) The Building Code of Appeals Board must submit an annual report of all appeals heard and decisions made to the Town Council and to the Code Enforcement Officer.

C. Membership. The Building Code Appeals Board shall consist of five members who are property owners within Greenville, whether or not they reside within the Town of Greenville, whose tax payments are current, or non-property owners who are registered voters living within Greenville who are qualified by experience and training to decide on matters pertaining to building construction and are not Town officials or employees. Members shall be appointed for five-year terms of office unless appointed to fill an unexpired term.

D. Staffing. The Code Enforcement Officer shall attend all meetings of the Building Code Appeals Board.

§ 4-89 Planning Commission.

A. Establishment; function. The Town, pursuant to Article II of the Pennsylvania Municipalities Planning Code, PA Act 247 of 1968, as amended, created, by Ordinance 1044 on August 13, 1997, a five-member Planning Commission with each member serving a four-year term unless appointed to fill an unexpired term. The Commission shall organize and operate in accordance with the provisions of the Municipalities Planning Code. The Planning Commission shall advise the Chief Administrative Officer and the Council upon all plans related to development in Greenville. It shall function as the planning agency for the Town in all matters prescribed by the Municipalities Planning Code.

B. Continuation of Commission. The Greenville Planning Commission, established in accordance with Article II of the Municipalities Planning Code, PA Act 247 of 1968, shall continue as constituted.

C. Membership. The Planning Commission members prior to appointment shall be full-time residents and qualified electors of Greenville. Each will be appointed by the Town Council for a four-year term unless the appointment is to fill an unexpired vacancy. The Commission shall elect its own Chair and Vice Chair and Secretary. Vacancies shall be filled within 60 days after a vacancy occurs.

D. Powers and duties.

(1) Powers. The Planning Commission shall have the power to make recommendations to the Town Council concerning the amendment of an official zoning map, zoning ordinance, comprehensive plan or building and housing codes. The Commission may implement studies, make recommendations regarding land development and planned residential development, and fulfill any other functions as defined in Article II of the Pennsylvania Municipalities Planning Code.

(2) Duties. The duties of the Planning Commission shall be those granted and established by the Municipalities Planning Code, including:

(a) Promote public interest in, and understanding of, the comprehensive plan, community development, and planning and shall hold public meetings to this end;

(b) Review and make recommendations to the Council and Chief Administrative Officer concerning the comprehensive plan, the official map, the zoning ordinance, subdivision and land development plans, building standards regulations for the Town, and all other plans for community development prepared by the Town or other governmental or intergovernmental agency; and

(c) Hold public hearings when reviewing plans prepared by municipal units identified in Subsection D(2).

(d) The Commission must keep a record of all activities and shall annually provide a written report of those activities to the Town Council by March 1 of each year.

§ 4-90 Zoning Hearing Board.

A. Establishment; function. The Town of Greenville, pursuant to the Pennsylvania Municipalities Planning Code, PA Act 247 of 1968, as amended, enacted Ordinance No. 1351 on June 9, 1998, that created a three-member Zoning Hearing Board. The Board, appointed by the Town Council, shall continue as constituted. The Board shall fulfill its responsibilities with the assistance of a solicitor who serves in no other legal capacity on behalf of the municipality.

B. Duties. The Zoning Hearing Board shall perform the duties as prescribed by § 909.1 of the Municipalities Planning Code, including:

(1) Conducting hearings and rendering decisions on appeals made by the Zoning Officer;

(2) Hearing challenges to the validity of any ordinance or map;

(3) Hearing requests for variances and rendering decisions thereon; attaching such reasonable conditions and safeguards as it may deem necessary to implement the purposes of law, the Charter, or ordinance; and

(4) Hearing and deciding requests for special exceptions pursuant to criteria and standards adopted by the Council.

C. Qualifications; terms of office; alternate members; vacancies; removal.

(1) Qualifications and terms. The terms of office for Zoning Hearing Board members shall be three years. Members shall be residents of the Town of Greenville. Board members may not hold any other office in the municipality.

(2) Vacancies. The Zoning Hearing Board shall promptly notify the Council of any vacancies. Appointments to fill vacancies shall be only for the unexpired portion of the term. Members of the Board shall hold no other elected or appointed office or be an employee of Greenville.

(3) Alternate members. The Council may appoint at least one but no more than three residents of the Town to serve as alternate members of the Zoning Hearing Board. The term of office for alternate members shall be three years. When alternate members are appointed pursuant to the provisions of § 906 of the Municipalities Planning Code, they may be called on to function as Board member(s) to establish a quorum in the absence or disqualification of a Board member(s). As such, any alternate member of the Board shall continue to serve on the Board in all proceedings involving the matter or case for which the alternate was initially appointed until the Board has made a final decision on the matter or case. Alternates shall hold no other elected or appointed office in the Town, including service as a member of the Planning Commission or as a Zoning Officer, nor shall any alternate be an employee of the Town.

(4) Removal. Members of the Zoning Hearing Board are removable by Council in accordance with § 905 of the Municipalities Planning Code. Any Board member may be removed for malfeasance, misfeasance or nonfeasance in office or for other just cause by a majority vote of Council after the member has received 15 days' advance notice of the intent to take such a vote. A hearing shall be held in connection with the vote, if the member shall request it in writing.

D. Organization of Board.

(1) The Zoning Hearing Board shall elect from its own membership officers, who shall serve annual terms as such and may succeed themselves. For the conduct of any hearing and the taking of any action, a quorum shall be not less than a majority of all the members of the Board, but the Board may appoint a hearing officer from its own membership to conduct any hearing on its behalf, and the parties may waive further action by the Board as provided in § 908 of the Municipalities Planning Code.

(2) The Zoning Hearing Board shall adopt rules to govern its procedure consistent with § 908 of the Municipalities Planning Code. Meetings of the Board shall be held at the call of the Chair and at such other times as the Board may determine. The Chair, or in the Chair's absence, the Acting Chair, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question or, if a member is absent or fails to vote, indicating such fact. The Board shall keep records of its examinations and other official actions, all of which shall be immediately filed within the municipal office and kept as a public record.

E. Appeals.

(1) Any person aggrieved by any action or decision of the Zoning Officer involving administration of the provisions of this chapter may appeal to the Zoning Hearing Board. Notice of such appeal shall be filed, in writing, within 30 days after the decision or action of the Zoning Officer.

(2) Upon receipt of such appeal, the Board shall conduct a hearing on the appeal and render a decision on such appeal in accordance with the applicable provisions of the Municipalities Planning Code.

(3) Zoning appeals to court shall be taken to the Court of Common Pleas of the county in accordance with the procedures prescribed in the Municipalities Planning Code.

§ 4-91 Ad hoc boards, commissions and committees.

A. Establishment and purposes. Ad hoc boards may be established as deemed necessary by the Town Council in accordance with the requirements of the ordinances of the Town and this Administrative Code. Such boards shall be created for specific and temporary purposes. The exact purpose of such boards shall be specified at the time each ad hoc board is created.

B. Powers and duties. All ad hoc boards shall be advisory boards, and they shall perform no administrative duties as such. Ad hoc boards shall have the authority and responsibility to seek findings of fact, express opinions or make recommendations in the specific areas of responsibility granted to such boards at the time of their establishment.

§ 4-92 Restore Riverside Park Advisory Committee.

A. Establishment. Greenville Council on December 14, 2020, established the Restore Riverside Park Advisory Committee by Resolution 7-2019 and appointed eight members to the Committee.

B. Purpose. The duties of the Restore Riverside Park Advisory Committee include making recommendations to the Town Council regarding the proper management, maintenance, and improvement of Riverside Park and its facilities. The advancement and betterment of the park shall be the primary focus and responsibility of this Committee.

§ 4-93 Other related public services.

A. Horizon Hospital Authority.

(1) Continuance of Authority Board. The Horizon Hospital System Authority, Mercer County, Pennsylvania, established by Ordinance 1047 on May 10, 1977, continues to be recognized as an entity under the Home Rule Charter in furtherance of the Horizon Hospital System, Inc., formed by the merger of Greenville Regional Hospital and the Shenango Valley Medical Center. The Authority's existence was deemed desirable and in the best interest of the community and the health, safety, and welfare of the people who use hospital facilities. The Town of Greenville has no financial responsibility for the Authority.

(2) Purpose. The Horizon Hospital Authority is authorized to undertake any actions or projects that are permitted by the Municipality Authorities Act of 1945, P.L. 382, as amended, more specifically to facilitate the acquisition and construction of the hospital facilities related to the Greenville Hospital and described in the expansion report of the Greenville Hospital, dated January 5, 1977.

(3) Membership. The Horizon Hospital Authority Board shall consist of seven members appointed by Town Council, each serving a five-year term.

B. Greenville Water Authority.

(1) Continuation of Authority. The Greenville Water Authority duly organized under the Municipal Authorities Act, 53, Pa.C.S.A. 56, as amended and supplemented, and created by Ordinance 694 on November 10, 1955, shall continue to benefit, preserve the public health, peace, comfort and general welfare of the citizens of the Town of Greenville and the territory contiguous and adjacent thereto, including the Townships of Hempfield and West Salem. The Water Authority was one of two entities formed under the auspices of the Municipal Authority of the Town of Greenville, Mercer County, Pennsylvania.

(2) Powers and duties. The Greenville Water Authority is responsible for acquiring, holding, constructing, improving, maintaining, operating, and owning and leasing, either in the capacity of lessor or lessee, a water treatment plant, multiple water storage facilities, and water distribution systems in the Town of Greenville, County of Mercer, and in territory contiguous and adjacent thereto, including Hempfield and West Salem Townships.

(3) Membership. There shall be five members appointed by Town Council to serve as the Water Authority Board of Directors. Each individual shall serve a term of five years.

C. Greenville Sanitary Authority.

(1) Continuation of Authority. The Municipal Authority of the Town of Greenville, formed by the Town of Greenville under the provisions of the Municipal Authorities Act, 53, Pa.C.S.A. 56, as amended and supplemented and created by Ordinance 694 on November 10, 1955, shall continue to benefit and preserve the public health, peace, comfort and general welfare of the citizens of the Town of Greenville and the territory contiguous and adjacent thereto, including the Townships of Hempfield and West Salem. The sanitary authority was one of two entities formed under the auspices of the Municipal Authority of the Town of Greenville, Mercer County, Pennsylvania.

(2) Powers and duties. The Greenville Sanitary Authority shall be responsible for the construction, improvement, maintenance and operation of sanitary sewers, the sewerage collection system, and wastewater treatment facility in accordance with the laws of the Commonwealth of Pennsylvania and local ordinances. The articles of incorporation for the authority permit it to undertake any other project or projects which it may, by law, wish to undertake. Consequently, responsibility for the construction and maintenance of Greenville's stormwater management infrastructure was added to the authority's charge in 2019.

(3) Membership. The authority board shall have five members appointed by Town Council; each to serve five-year terms of office.

D. Community and Economic Development Agency. This section is reserved for the future development of a Community and Economic Development Agency in accordance with Article Five, Section 5.5, of the Home Rule Charter.