Borough Council

Borough Council Meeting Minutes

 January 12, 2009

President Edwin Peterson called the meeting to order at 7:30 PM with the following Councilors present: Vice President, Ms. Holliday Giles, Mr. Theodore Streeter, Mr. Michael Birkner, Mr. John Butterfield, Ms. Susan Naugle, Mr. Robert Krummerich, Ms. Alice Estrada, Mrs. Claire Lewis and Mayor William Troxell. Staff present included Manager John Lawver, Borough Secretary Sara Stull, Solicitor Harold Eastman, Chief Joseph Dougherty, Finance Director Ramona Overton and Planner Merry Bush.

Others present included Howard Gorrell, P.O. Box 332, Fairfield, PA, Darlene Brown, PICPI/ACHA, Gene Golden, borough vent, Judie Butterfield, 999 Sunset Avenue, Bill Lewis, 42 North Howard Avenue, Lisa Portmess and Harry Stokes, 22 Mummasburg Street, Kathy Gilbert 39 South Street and Terry Monn 180 White Road.

At this time Mayor Troxell performed the Oath of Office with newly appointed Councilwoman Claire Lewis.

Representing the press were Scot Pitzer of the Gettysburg Time, Max Stevens, WGET and Erin James representing the Evening Sun.

Moved Mr. Streeter, seconded Ms. Giles to approve the agenda as presented. Motion carried unanimously.

Moved Mr. Streeter, seconded Ms. Naugle to approve the December 8, 2008 minutes as presented. Motion carried unanimously.

Moved Mr. Streeter, seconded Mr. Butterfield to approve the January 6, 2008 minutes as presented. Motion carried unanimously.

President Peterson appointed Claire Lewis to serve as liaison to the Shade Tree Commission.

Citizens in attendance:

Howard Gorrell expressed his concern about the borough building not in compliance with the Americans with Disabilities Act (ADA). He pointed out his specific disability is deafness/hearing loss. Mr. Gorrell explained that he came to the borough building 2 years ago after receiving a ticket and didn't see a posting for hearing disabilities. He contacted the Borough Manager and Chief of Police and asked in light of the Governor's Center for Local Government Services' review been complete has anything been done yet.

Solicitor Eastman responded and gave a brief update on the Borough's ongoing work to become ADA compliant. They continue to work with special legal council in Pittsburgh and also contracted with H R Gray Consultants in the fall of 2008. Solicitor Eastman asked Mr. Gorrell not to file charges against the Borough but instead work with them in resolving these issues.

Mr. Gorrell asked that Council look at the ADA Best Practices Tool Kit for State and Local Governments to correct the problem. Solicitor Eastman responded that is a very reasonable request.

Kathy Gilbert was present to express her concern for the need of parking spaces for her employees at her business on Chambersburg Street. One of the employees currently has a warrant due to her parking tickets. Mrs. Gilbert asked if the employees could pay a fee to park at metered spaces while they are working.

Mr. Peterson referred this to the Public Works Committee for further discussion.

Mr. Streeter reported he would coordinate with Mr. Birkner about the Lincoln Statue Sculptor planning a visit to Gettysburg at a later date to attend the Community Development Committee meeting.

Mr. Streeter announced he and Ms. Estrada met with Representative Dan Moul and noted there currently isn't any funding available at this time. He plans to meet with Senator Alloway in the near future.

Mr. Streeter reported the Gettysburg Municipal Authority is in discussion about setting a date for their bond issue.

Mr. Streeter reported he would miss the February Council meeting due to a prior commitment.

Mayor Troxell reported the Adams County Boroughs Association meeting is scheduled for Monday, January 19th at 6:00pm at the Pike Restaurant; if anyone is interested in attending contact Sara for reservations.

Mr. Birkner reported the recycling committee is moving along and should soon be in compliance regarding recycling.

Mr. Birkner reported the recreation committee is moving forward and that a meeting is scheduled for Tuesday, January 13th with the ball leagues and other municipalities at 7:00pm in council chambers.

Mr. Birkner reported the bike trail continues to move forward thanks to the extensive work Tom Jolin has put into it. He also thanked Susan Naugle for her work with this committee.

Mr. Birkner continues to work with the Attorney for the Lincoln Statue Sculptor and that the Community Development Committee will be addressing locations for placement of the statue.

Moved Mr. Birkner, seconded Mr. Butterfield to approve HARB consent agenda as presented. Motion carried unanimously.

Mr. Butterfield reported there isn't a need at this time to extend the CDBG contract with PICPI as per their request at the Community Development Committee meeting.

Mr. Butterfield reported Solicitor Eastman would review the Adams County TV request before giving them a response.

Moved Mr. Butterfield, seconded Mr. Streeter to enact an ordinance-amending chapter 8 of the code of ordinances regulating flood plains. Motion carried unanimously.

Moved Mr. Butterfield, seconded Mr. Streeter to enact an ordinance designating U.S. Business Route 15 within the Borough of Gettysburg as a scenic By-way and regulating outdoor advertising devises along the U.S. Business Route 15 corridor. Motion carried unanimously.

Ms. Giles asked why the Zoning Hearing Board went into executive session. Solicitor Eastman speculated they could go into an executive session for reasons to discuss; they are a "Board of Judges".

Mrs. Naugle reported the Human Resources Committee continues to get information regarding staffing surveys. She has been in contact with the Governor's Center for Local Government Services in which they advised they currently don't have such a survey available through their agency. The committee plans to contact other municipalities that conduct a survey.

Ms. Estrada asked the status on reappointments to the Gettysburg Area Industrial Development Authority (GAIDA) Board. Mrs. Naugle explained there is currently 1-member left on the 5-member board. She said this task took lots of research, meeting with the GAIDA Solicitor and now must determine the future of GAIDA and if this board is necessary.

Solicitor Eastman explained the board would submit a certificate to request a termination by Council, although there is some issues that need to be dealt with. He noted the board was approved for 50 years from 1996 through November 1, 2046.

Ms. Estrada asked if they spoke to the Gettysburg Economic Development Corporation so as not to duplicate their service. Mrs. Naugle responded yes she has been in contact with Robin Fitzpatrick at GEDC.

Ms. Estrada asked if there is just 1 property under GAIDA at this time. Mrs. Naugle responded yes. Solicitor Eastman pointed out they can't transfer a property without the full GAIDA Board.

Moved Mrs. Naugle, seconded Mr. Streeter to appoint Holliday Giles to the Board of Gettysburg Area Industrial Development Authority (GAIDA) to complete a term on that board which expires in July 2010. Motion carried unanimously.

Moved Mrs. Naugle, seconded Mr. Butterfield to appoint C. Kilburn Roulette to the Board of Gettysburg Area Industrial Development Authority to complete a term on that board which expires in July 2013. Motion carried unanimously.

Moved Mrs. Naugle, seconded Mr. Butterfield to adopt a resolution appointing Theodore H. Streeter as a member of the Gettysburg Municipal Authority Board for a five (5) year term expiring on the first Monday of January 2014. Motion carried unanimously.

Mrs. Naugle reported President Peterson appointed the AD HOC Committee to research the duties of all committees. After a year the committee has completed updates and will forward to these committees for their review. She asked that the committees review the updates and if anyone has any changes to contact the AD HOC Committee.

Moved Mr. Krummerich, seconded Mr. Streeter to approve all bills and payrolls for the month as presented. Motion carried unanimously.

Moved Mr. Krummerich, seconded Ms. Estrada to approve proceeding with the "PILOT LETTER" regarding payments in lieu of taxes and after the Solicitor reviews and finalizes it the Mayor and Council President will sign. Motion carried unanimously.

Ms. Estrada reported the College Community Committee met and gave a brief update of their building project.

Ms. Estrada reported the Planning Commission is concerned about people doing projects without securing the necessary permits. She noted letters have been sent to particular property owners without any response. The Planning Commission would like to know what could be done and if Council can be of any assistance.

Merry Bush reported she met with Loring Shultz, Farnsworth House who said at this time he could not afford to proceed with the storm water management and that he would put the parking lot back to its normal grassy area.

Manager Lawver reported he had Code Enforcement Officer Dale Gettel work on some of these issues and asked if Council has no objections he would like CEO Gettel to continue working with the planning department to solve some of these problems. Council agreed CEO Gettel should continue with this task.

Mr. Butterfield asked what the next step would be if these properties don't comply. Solicitor Eastman responded charges could be filed against them; it's a difficult matter when these property owners don't respond and comply.

Mr. Birkner asked what is a reasonable time to come into compliance with the law; it has been a year for some of these properties. Solicitor Eastman responded it would depend on the violation and noted if it's been a year the borough should file charges if there not resolved.

Ms. Estrada reported REDDI is still in discussions so there is nothing new to report at this time.

Solicitor Eastman reported the council workshop session has been properly advertised for Wednesday, January 14th at 6:00pm in council chambers.

Ms. Giles asked if council could meet privately to discuss particular items. Solicitor Eastman responded the Sunshine Act requires these meetings to be open to the public.

Manager Lawver reported he continues to work with Penn DOT regarding the traffic signals; timing is off and wording in the agreement needs to be finalized.

Moved Mr. Streeter, seconded Mr. Krummerich to accept the J. P. Harris tax exonerations for tax year 2005 as presented. Motion carried unanimously.

Moved Mr. Butterfield, seconded Mr. Streeter to authorize the release and return of the financial security in the amount of $241,805.52 for the completion of required improvements in connection with the land development plan for the Rite Aid Pharmacy store located at 231 West High Street consistent with the certification of C.S. Davidson, Inc. dated December 29, 2008. Motion carried unanimously.

Mrs. Naugle expressed concern if the Rite Aid Pharmacy is ADA compliant; it's not properly accessible for wheelchairs. She asked if C.S. Davidson addressed this in their report. Manager Lawver responded this was approved by the planning commission before ADA but noted the building is ADA compliant but the sidewalks are not. Ms. Estrada asked if they could be asked later to become ADA compliant. Manager Lawver answered yes that CEO Gettel would send a letter to the business.

Moved Ms. Giles, seconded Mr. Butterfield to approve the COLA increase for retired police pensioner Dennis Wright to be paid from the police pension fund effective retroactive to December 1, 2008. Motion carried unanimously.

Mr. Streeter reported Elm Street would begin forming a Neighborhood Advisory Committee to consist of people from the neighborhood, including residents, Churches etc. He noted no one from borough council would serve on this committee.

Ms. Estrada announced the recent death of John McKenna, NPS will be greatly missed. He was a great asset to many projects throughout town.

With no further business to come before council moved Ms. Giles, seconded Mr. Birkner to adjourn the meeting at 8:50 pm.

Respectfully submitted,

Sara L. Stull

Borough Secretary