Article 3
Boards and Commissions
A. Planning Commission.
§2-301 Creation of Commission.
A Borough Planning Commission, to be composed of [number] members, appointed as provided by law (53 P.S. §10202), is hereby created in and for the Borough. The Planning Commission shall perform all duties and may exercise all powers conferred by law upon Borough planning agencies; provided, the Planning Commission previously created in and for the said Borough shall constitute the tenure of any of the members thereof, but any and all vacancies in the said Commission hereafter occurring shall be filled in the manner and for the term provided in the law governing Borough planning commissions in effect at the time of the happening of the said vacancy.
(Ord. 2009-1, 7/13/2009)
B. Americans with Disabilities Act Compliance Review Board
§2-311 Background and Findings.
WHEREAS, the United States Government enacted legislation on July 26, 1990, providing comprehensive civil rights protection to individuals with disabilities in the area of employment, public accommodations, State and local government services, and telecommunications, under legislation known as the “American With Disabilities Act”;
AND WHEREAS, a final rule was issued by the U.S. Department of Justice, effective January 26, 1992, setting the standards for applying the Act;
AND WHEREAS, the Borough of Cornwall desires to take such action as necessary to insure compliance with the ADA and the U.S. Department of Justice’s final rule;
NOW THEREFORE, the Borough Council of the Borough of Cornwall does herein create a Board to be known as the “Cornwall Borough Americans with Disabilities Act Compliance Review Board,” and does further set the number and qualifications for membership on said Board, as well as the normal duties assigned to the Board.
(Ord. 1993-1, 4/12/1993)
§2-312 Creation of Board; Membership and Duties.
1. Definitions.
ADA - Americans With Disabilities Act.
ADA Board - Cornwall Borough “Americans With Disabilities Act” Compliance Review Board.
Council - Cornwall Borough Council.
Solicitor - Cornwall Borough Appointed Solicitor.
Regulations - all ordinances, resolutions, rules, policies and regulatory actions taken by the Borough Council, or any other regulatory body within the jurisdiction of the Borough of Cornwall.
Construction - any buildings, barriers, paved areas (other than streets), facilities, or permanent program equipment, for public use or access, approved by Borough Council, or any other regulatory body within the jurisdiction of the Borough of Cornwall.
Programs - any services or programs or areas offered for public use or access within the Borough of Cornwall.
2. Membership.
A. The ADA Board shall consist of at least four members to be appointed by Borough Council, each to serve 5-year terms. Initially two members shall be appointed for a 3-year term and two members shall be appointed for a 5-year term. Thereafter all members shall be reappointed for 5-year terms.
B. Borough Council may, at its discretion, appoint additional members as it deems necessary, by a majority vote of Borough Council, for either a full term, or for a limited period of time as the needs may dictate.
C. Borough residency shall not be a requirement for membership in the Board, with the exception of those members who shall be appointed from the ranks of
Borough officials.
D. The minimum of four members who shall be appointed to serve on the Board shall have the following backgrounds:
(1) Two members shall be chosen from current elected or appointed officials of the Borough of Cornwall. (It is suggested that one member come from Borough Council, and one member come from the Cornwall Borough Planning Commission.)
(2) Two members shall be appointed who qualify as “disabled” under the guidelines of the “ADA.” (It is suggested that each member come from within a different one of the following categories: wheelchair bound, limited mobility with the aid of a “walker,” deaf, or blind.)
(3) Additional members, when authorized, may be chosen from either of the above categories, or they may represent the legal, engineering, or other professional fields, or may be citizens at large.
E. Vacancies within one of the minimum of four memberships shall be filled by a majority vote of Borough Council, and shall continue for the unexpired term to be filled.
3. Meetings of the Board.
A. The ADA Board shall meet at the request of Borough Council, or any other regulatory body within the Borough, as the need for ADA compliance review arises. The Board may also meet at their own discretion, from time to time.
B. All meetings of the ADA Board shall comply with the State Sunshine Law, and any other applicable regulations governing the conduct of public meetings.
C. Two members shall constitute a quorum for conducting meetings.
4. Purpose of the ADA Board. The purpose of this Board is to insure compliance of all facilities, permanent equipment, programs, ordinances, resolutions, rules and regulations with the “Americans With Disabilities Act.”
5. Duties of ADA Board.
A. To review all aspects of local government to insure that compliance with the “ADA” is achieved.
B. Work with local government agencies to insure that persons with disabilities, as defined within the “ADA,” are not discriminated against, and that all programs within the Borough recognize the needs of those persons.
C. Insure that employment practices of the Borough and its contractors is in compliance with the “ADA.”
D. Review all construction plans prior to advertising to insure compliance with “ADA.”
E. Review all programs initiated within the Borough to insure compliance with “ADA.”
F. Communicate to Borough Council any noncompliance with “ADA” in any of the above areas.
(Res. 1993-1, 4/12/1993)