Borough Council

Borough Council Meeting Minutes

May 11, 2009

President Edwin Peterson called the meeting to order at 7:30 PM with the following Councilors present: Ms. Holliday Giles, Mr. Theodore Streeter, Mr. Michael Birkner, Mr. John Butterfield, Mrs. 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, Planner Merry Bush and Rec Coordinator Jackie Green.

Others present included: Gene and Debra Golden, Gettysburg Signs; Kenneth Peskin, International Sign Association; Attorney Paul Minnich; Darlene Brown, PICPI-ACHA; Deb Adamik, Main Street Director; Brad Hoch, Main Street Board President; Troy Traux, DELTA Development; Todd Meckley, Steinwehr Avenue Business Alliance; Phillip Murray, Manager Gettysburg Hotel; Patricia Lawson, Gettysburg College; Jeffrey Gabel, Majestic Theater; Norris Flowers, Gettysburg Convention Visitor Bureau; Tammy Myers, American Civil War Museum; Kenneth Rohrbaugh, Ghostly Images Ghost Tour; Len Dick, Len Dick Signs; Judie Butterfield, 999 Sunset Avenue; Kathy Gilbert, 39 South Street; Larry G. Weikert, 329 Baltimore Street; Graham Weaver, 721 Sunset Avenue; Chuck Teague, 125 East Middle Street; Mark Berg, property owner; Stephen Clapsaddle, Chambersburg Street; Josh Turner and Matt Callery.

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

Solicitor Eastman announced the executive session held on April 13, 2009 was regarding the ADA lawsuits filed by Marilyn Phillips. He reported an executive session would be held tonight to update Council on the ADA litigation and also to discuss an employment matter.

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

Moved Mr. Streeter, seconded Mr. Butterfield, to approve the April 13, 2009 minutes as presented. Motion carried unanimously.

Mayor Troxell commended the scouts for their outstanding help with the Recycling Committee in distributing flyers throughout Gettysburg. He presented certificates to Girl Scout Cadet Troop 751, Girl Scout Troop 740, Boy Scout Troop 73, Boy Scout Troop 78 and also the College's Gettysburg Environmental Concerns Organization who also helped.

Brad Hoch on behalf of Main Street thanked Council for their help and support with the Steinwehr Avenue Business Community Project.

Troy Traux, DELTA Development gave a brief overview of the revitalization plan for Steinwehr Avenue. The partners include Main Street, the Steinwehr Avenue Business Alliance and the Borough. Mr. Traux showed a slide presentation of the project with key weaknesses, key opportunities, recommendations, goals and concept plans. They will continue to provide information as the project develops.

Todd Meckely, President Steinwehr Avenue Business Alliance said there is great momentum for this project.

Citizens in attendance:

Gene Golden along with his Attorney Paul Minnich and Ken Peskin, International Sign Association attended to address Council concerning the Sign Ordinance. Mr. Golden believes the ordinance is unconstitutional, and said he has been awarded a grant to cover legal costs if and when he chooses to file a lawsuit.

Attorney Paul Minnich explained he became involved in the case two years ago when Council had planned to rewrite the sign ordinance. Mr. Golden had agreed to wait but is frustrated because the ordinance is still not completed. Attorney Minnich said if we cannot get this issue resolved in a timely manner then they have no choice but to resolve it in court.

Ken Peskin of the International Sign Association said he represents numerous sign makers and is willing to submit a model sign ordinance for consideration. He would reach out to the community for help in rewriting the ordinance.

Mr. Butterfield replied the ordinance committee has been diligently working on the sign ordinance and are at the point of completing a draft. It has been forwarded to an urban planner for evaluation.

Mark Berg voiced displeasure about the lack of information that's being shared about the REDDI project planned between Carlisle and North Stratton Streets. He urged Council to better inform the community.

Ms. Estrada explained the project is being run by the Gettysburg Economic Development Corporation, which aims to transform the site into a commercial district. They are a private entity and borough government does not get involved in real estate negotiations. Ms. Estrada said REDDI is now in contract negotiations but this can't be disclosed until it's final.

Chuck Lewis attended to express concern with issues regarding idling buses on Baltimore Street; feels it's disgusting that blank shots can't be fired at military funerals and also said the paint is fading at the Train Station. Mr. Lewis suggested the Lincoln Statue be placed at the Train Station.

Debra Golden read a prepared statement expressing her concern that the ordinance committee is holding closed door meetings, which would be in violation of the Sunshine Act. She pointed out the committee meets several times each month without posting or advertising these meetings. Mrs. Golden threatened to take the municipality to court if they continue to hold these illegal meetings.

Mr. Stephen Clapsaddle attended to express his concern with dogs on the square during the farmers market and also people riding their bike around the square are dangerous to pedestrians.

Mr. Peterson asked Claire Lewis to serve as liaison to Main Street to replace Holly Giles to begin immediately.

Mr. Streeter reported the community development committee would review the CDBG request and make their recommendation at the next council meeting.

Moved Mr. Streeter, seconded Mr. Birkner to authorize John D. Lawver, Jr., Borough Manager to execute and deliver to CGI Communications, Inc. a Community Video Tour Book Agreement. Motion carried unanimously.

Moved Mr. Birkner, seconded Ms. Giles to adopt a resolution establishing a signing district within the Borough of Gettysburg and authorizing entry into an agreement with the Commonwealth of Pennsylvania, Department of Transportation under its Tourist Oriented Directional Signs (TODS) program. Motion carried unanimously.

Ms. Estrada asked for clarification that council isn't approving the signage as shown tonight during the presentation. Solicitor Eastman answered the resolution is just creating a signage district for Penn DOT roads.

Moved Mr. Birkner, seconded Mr. Streeter to authorize solicitor to prepare and advertise for enactment an ordinance vacating Hartley Alley and vacating a portion of Strickhouser Alley. Motion carried unanimously.

Moved Mr. Birkner, seconded Mr. Streeter to authorize solicitor to prepare agreement for Mr. Linford to proceed with the Lincoln Statue sculptor. Motion carried unanimously.

Moved Mr. Butterfield, seconded Mr. Streeter to authorize solicitor to advertise for enactment an ordinance repealing Chapter 6, Section 103 of the Code of Ordinances of the Borough of Gettysburg and enacting a new Section 103 for the purpose of regulating the use of firearms within the Borough of Gettysburg. Motion carried unanimously.

Moved Mr. Butterfield, seconded Mr. Streeter to authorize solicitor to prepare a resolution setting the fees for permits issued under the ordinance regulating the use of firearms within the Borough of Gettysburg. Motion carried unanimously.

Solicitor Eastman noted the AD HOC committee has been working on updating this ordinance and it will be ready for review at the safety committee meeting.

Ms. Estrada asked if council should consider budgeting for a professional to review the borough ordinance book since it is so outdated. Mr. Butterfield suggested that the Finance Committee consider it during the 2010 budget deliberations.

Mr. Butterfield reported the AD HOC ordinance committee has been diligently working on the sign ordinance and have completed a draft. It has been sent to Thomas Committa Associates for review and they will provide input to the committee.

Mr. Butterfield reported 5 applicants passed the police officer oral exam on April 25th and is now undergoing background investigations. The Civil Service Commission will present a list of candidates to Council once the investigations are complete.

Mrs. Naugle reported the human resource committee continues to work on updating the employee handbook and should have it for council review in the near future.

Mrs. Naugle reported the AD HOC committee is currently updating and revising the committee structure. They will produce updated committee duties when complete.

Mrs. Naugle announced a Peer-to-Peer meeting is scheduled for April 29th at the Rec Park at 7:00 pm.

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 adopt a resolution appointing Ramona K. Overton as voting delegate and Robert L. Krummerich as an alternate voting delegate to the Tax Collection Committee for the County of Adams pursuant to Act No 32 of 2008. Motion carried unanimously.

Ms. Estrada reported the committee continues to research for funding for recycling bins and the parking garage. Mr. Butterfield noted the 2006 recycling grant was received and now applied for the 2008 but asked about the 2007 funds. Ms. Overton responded the deadline was missed for applying.

Ms. Estrada asked council to follow up with the PILOT letters that were sent out by personally calling businesses for an update.

Ms. Estrada reported Dan Hilliard, Highway Foreman attended the Planning Commission meeting to discuss the Rec Park Parking Lot Plans.

Manager Lawver reported the Agility Agreement with the Commonwealth of Pennsylvania is due for renewal. It is a five year term and there is no cost to the Borough. Mr. Peterson referred this to the public works committee for further review.

Manager Lawver reported brush pick up is scheduled for the week of May 18th.

Mr. Peterson noted the 3rd Ward clean up day went very well. Darlene Brown thanked everyone involved with the street sweeping and clean- up in the Elm Street District.

Moved Mr. Streeter, seconded Ms. Giles to accept the J. P. Harris Tax Exonerations for tax years 1995, 1996, 1997, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007 and 2008. Motion carried unanimously.

Moved Mr. Streeter, seconded Ms. Estrada to enter into an interlocal agreement (memorandum of understanding) by and between the Borough of Gettysburg, the Borough of Littlestown and the County of Adams under the American Recovery and Reinvestment Act of 2009 for the administration and expenditure of a justice Assistance Grant in the amount of $33,206.00 with the eligible individual allocation of grant funds to the Borough of Gettysburg in the amount of $15,696.00. YEA: Mrs. Lewis, Ms. Estrada, Mr. Krummerich, Mr. Birkner, Ms. Giles, Mr. Peterson, Mr. Streeter and Mrs. Naugle. NAY: Mr. Butterfield.

Mr. Butterfield expressed concern that he didn't know about the Justice Assistance Grant and doesn't feel comfortable voting. Ms. Estrada pointed out it was presented during the last two finance committee meetings.

Council adjourned at this time for an executive session to discuss ADA Litigation and a personnel issue.

With no further business to come before council moved Ms. Giles, seconded Mr. Birkner to adjourn the meeting at 9:55 pm.

Respectfully submitted,

Sara L. Stull

Borough Secretary