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Public Notice

60 W. Emaus St.
Middletown, PA 17057
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TO THE RESIDENTS OF THE BOROUGH OF MIDDLETOWN

Notice is hereby given that the Borough Council of the Borough of Middletown will consider for adoption the following Ordinance at the Regular Business Meeting on May 1, 2018 at 7 p.m. in the Council Chambers of Middletown Borough Council located at Borough Hall, 60 West Emaus Street, Middletown, PA 17057.

ORDINANCE NO. 1349

AN ORDDINANCE OF THE BOROUGH OF MIDDLETOWN, DAUPHIN COUNTY, PENNSYLVANIA, AMENDING CHAPTER 30 (HISTORICAL RESTORATION COMMISSION) OF THE MIDDLETOWN BOROUGH CODE, AND REPEALING ALL OTHER ORDINANCES OR PART OF LAWS IN CONFLICT THEREWITH, TO CLARIFY THE PROCESS FOR MID-TERM APPOINTMENTS AND AMEND THE QUORUM REQUIREMENTS FOR COMMISSION MEETINGS.

WHEREAS, the Borough of Middletown established the Historical Restoration Commission, comprised of seven (7) members appointed by the Borough Council; and

WHEREAS, the Borough Code provides for five (5) year staggered terms for the members of the Commission; and

WHEREAS, it has come to the Borough’s attention that the current appointment schedule for members of the Commission does not comply with the staggered appointment structure intended by the Borough Code; and

WHEREAS, it is believed that the deviation from the required staggered terms has likely resulted from mid-term appointments which may have provided for five (5) year terms for the replacement Commission member, rather than the replacement Commission member being appointed initially for the remainder of the original member’s term; and

WHEREAS, it is the Borough’s desire to restructure the current appointment schedule, re-establish staggered terms, and clarify the process applicable to mid-term appointments; and

WHEREAS, having been appointed, the duties of the Commission include, but are not limited to, maintaining a file of all property of historical or antiquarian interest within the Borough and adopting rules and regulations controlling the maintenance, restoration, repaid, operation and supervision of property of historical or antiquarian interest

WHEREAS, the Historical Restoration Commission is required to meet regularly in order to perform the duties delegated to it, which meetings are required to comply with Pennsylvania’s Sunshine Act, 65 Pa.C.S. §701, et seq.; and

WHEREAS, although the Commission’s Board is comprised as seven (7) members, under the current provisions of the Borough Code, the presence of only three (3) members is required to establish a quorum; and

WHEREAS, pursuant to Robert’s Rules of Order and/or commonly accepted meetings practice, a quorum is typically comprised of a simple majority of an entity’s board or other committee; and

WHEREAS, permitting a quorum of less than a majority of the members of a committee or entity could potentially result in action being taken by the minority which do not have majority support; and

WHEREAS, having a reduced quorum requirement can impede day-to-day business of the Commission and inhibit delegation of special projects to smaller sub-committees.

NOW, THEREFORE, BE IT ORDAINED AND ENACTED by the Council of the Borough of Middletown that Sections 30-1 and 30-5 of the Middletown Code of Ordinances be amended, effective immediately, to read as follows:

§30-1. Creation and composition.

A.Pursuant to the power set forth in Section 1202, Subsection 48 of the Borough Code, and for the purpose of carrying said section into effect, there is created in the Borough of Middletown a Historical Restoration Commission, which Commission shall be composed of seven persons, one of whom shall be appointed to serve for a term of one year from January 1, 1969, two persons to serve for a period of two years, one person to serve for three years, two persons to serve for four years and one person to serve for five years. Thereafter, following the original appointments, the terms of the members of the Historical Restoration Commission shall be for a term of five years. These members shall serve from the date of their appointment by the Borough Council for the terms herein stated and until their successors are duly appointed and qualified.

B.In the event that a member of the Commission shall resign their appointment prior to the natural expiration of their term, any individual appointed in replacement thereof shall be appointed to serve the remaining period of the resigning member’s term. Only upon the natural expiration of the resigning member’s term shall the replacement member be eligible for subsequent appointment to a full five-year term.

§30-5. Meetings.

A.The Historical Restoration Commission shall meet regularly at a stated time and place at least four times annually and shall hold such other meetings as may be required to perform the duties prescribed in this chapter. The Historical Commission shall submit an annual report of its activities to the Borough Council.

B.Special meetings of the Historical Restoration Commission may be held at the call of the Chairman or any three members, at which meeting no other business shall be transacted except that specified in the call.

C.The ordinary rules of order shall govern the transaction of all business, and four members shall constitute a quorum. The order of business shall be conducted in accordance with such rules and regulations as the Historical Restoration Commission shall adopt.

If you would like to obtain a copy of the proposed Ordinance prior to the Regular Business Meeting, please contact the Borough Secretary at 717-902-0706 or at gmiller1@middletownborough.com.

BOROUGH OF MIDDLETOWN

Grace Miller, Borough Secretary

60 West Emaus Street

Middletown, PA 17057

#166 0411-1T

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Posted 4/9/2018