Borough Council

Borough Council Meeting Minutes

June 8, 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, and Mayor William Troxell. Mrs. Claire Lewis was absent. Staff present included Manager John Lawver, Borough Secretary Sara Stull, Solicitor Harold Eastman, Finance Director Ramona Overton, Planner Merry Bush and Jackie Green, Recreation Coordinator.

Others present included: Ted and Sally McPherson, 250 Carlisle Street; Mark Guise, Gettysburg Municipal Authority; Paul Gross, Buchart Horn, Inc; Jill Rohrbaugh, Architecture Workshop, Hanover; John Murphy, 1002 Long Lane; Robert Defayette, 100 King Street; Roberta and Jim Cooke, 1040 Long Lane; Kathy Gilbert, 39 South Street; Judie Butterfield, 999 Sunset Avenue, Beth Freeman, Katy Mattson, Cindy Grant and Lisa Susey with Gettysburg Jazzercise.

Representing the press were Scot Pitzer of the Gettysburg Times and Erin James representing the Evening Sun

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

Moved Ms. Giles, seconded Mr. Streeter, to approve the May 11, 2009 public hearing meeting minutes and council meeting minutes as presented. Motion carried unanimously.

Solicitor Eastman announced the executive session held on May 11, 2009 immediately following the adjournment of its regular meeting was to consult with its Solicitor and the Borough Manager regarding complaints against the Borough of Gettysburg in connection with a series of lawsuits filed in United States District Court for the Middle District of Pennsylvania by Marilyn Phillips for declaratory and injunctive relief under the Americans with Disabilities Act and pursuant to Section 708 (a) (1) and also to discuss matters involving the employment of Gettysburg Borough employees.

Citizens in attendance:

Ted and Sally McPherson, 250 Carlisle Street addressed council with their concerns regarding college student problems. These are critical issues and need to be addressed promptly, noting the 2nd Ward has the most crime in the borough. Mr. McPherson noted there were 500 incidents involving college students and often time incur damage to his property. He asked borough council and the college work together to get control of these fraternities. Mr. McPherson requested the college president withdraw her approval of lowering the drinking age, make a -0- tolerance for behavior with no exceptions, and college security provide more foot patrols. Mr. McPherson pointed out the Chief and Borough Officers are very responsive and dedicated and he has no issue with them.

President Peterson suggested Ms. Estrada, College Community Chair and Patti Lawson, College Representative schedule a meeting before school is in session to discuss these issues. Mayor Troxell and Ms. Estrada asked Mr. McPherson for a copy of his prepared statement. Mr. McPherson responded he would get a copy to the Mayor.

Ms. Estrada noted she also lives on Carlisle Street but she doesn't have these issues with college students in her area. Mr. Birkner also said he lives on Broadway and doesn't have these issues. He also wanted to point out a correction about President Riggs to lower the drinking age that she doesn't approve or committed to but is open to conversation about it.

John Murphy attended to say he was impressed with how informative the 3rd WARD town meeting was in May. He suggested town meetings be held for all three WARDS to benefit the citizens in these districts. Mr. Murphy also addressed council concerning the REDDI project noting as a former councilman they did speak about the concept when this was first discussed. He asked they keep the concept of the Wills House, Train Station, and Majestic Theatre and continue to do what is best for Gettysburg.

Mr. Murphy also expressed the importance of an alternate East/West route that seems to be on hold and asked that council continue to work on this project. Mr. Streeter responded this project is still out there but continues to move very slowly.

Mark Guise and Paul Gross gave a brief overview of the ACT 537 Plan which was available for a 30 day public comment period. It was then submitted to the Planning Board for comment and that 60 day period will expire on June 15, 2009.

Susan Naugle said she did review the ACT 537 Plan and thought the executive summary was done nicely. She noted she thought this was ready for council approval but understands now that it's not. Susan asked with the impairment of Rock Creek and the replacement of infrastructure how this will affect the sewer line work in the borough and would water and sewer service be shut off to the citizens. Mr. Guise answered this would be off street work and the residents shouldn't lose any service. He noted that when digging up the borough streets he would coordinate with the highway department.

Mrs. Naugle asked of the 23 million 700 thousand dollar cost estimate in the project plan how much is associated with the Straban Township expansion. Mr. Guise answered 5 million is Straban and 12 million is for upgrade work.

Mrs. Naugle asked if there are any development funds to help fund this project. Mr. Gross responded the developers would pay a tapping fee. Mrs. Naugle asked about the fees being increased over a period of time and how many are borough residents. Mr. Guise responded 3100 total sewer customers in which 75% are borough sewer customers.

Mrs. Naugle asked if the 8 million dollar bond is extra or is it included in the 23 million 700 thousand dollars. Mr. Guise answered the 8 million is included but they would need to pay the balance.

Ms. Estrada asked what the Gettysburg Municipal Authority needs from council at this point. Mr. Guise responded nothing until they receive approval from the boards in which the comment period expires June 15th. At that time he would ask council to adopt the ACT 537 Plan at their July council meeting.

Jill Rohrbaugh gave a brief report on the status of the 59 East High Street building project. Ms. Rorhbaugh is currently working with borough staff regarding grant information and what may be available. Mr. Krummerich asked what the remaining life of the current roof is. Ms. Rohrbaugh responded the roof and windows would be the first items to be addressed when remodeling. She pointed out at the time of construction in 1992 the proper materials used were of code but these regulations have since changed.

Mrs. Roberta Cooke attended to observe the meeting and thanked council for their endless help in the community.

Beth Freeman and Katy Mattson, Jazzercise; attended to express concern regarding the letter they received to increase their rental fee by 1000% for the use of the Rec Park Community enter. Manager Lawver explained the previous director and Jazzercise prepared a special agreement at a low monthly rate. He pointed out when the new Rec coordinator began her duties in April she was instructed to update all agreements and sent the Jazzercise group a letter with the updated rental rates.

Mr. Peterson suggested the Finance Committee review this and give their recommendation. Ms. Mattson pointed out the letter stated June 19th as the deadline so they would need a response soon. Kathy Gilbert suggested council reconsider the Jazzercise agreement, noting some money would be better than nothing.

Committee reports:

Ms. Giles reported Claire Lewis would be Liaison to Main Street.

Ms. Estrada asked if the Wills House is submitting admissions taxes. Ms. Overton responded she would follow up on this and report to council.

Moved Mr. Streeter, seconded Ms. Estrada to adopt a resolution authorizing the Borough Finance Director to submit an application on behalf of the Borough to the Pennsylvania Department of Community and Economic Development for $33,470 in fiscal year 2009 American Recovery and Reinvestment Act funds being distributed through the Community Development Block Grant funding allocation program with requests for the following projects: $26,712 for Borough of Gettysburg for ADA Curb replacement and $6,758 for Survivors, Inc. for repairs to the facility for victims of domestic violence. Motion carried unanimously.

Mr. Birkner asked why Habitat for Humanity was eliminated and the Borough of Gettysburg was added. Ms. Overton responded Habitat was denied by the state and therefore was transferred to the borough. Mrs. Naugle asked if the borough is "shovel ready" since that was a requirement of this grant. Ms. Overton responded yes the materials have already arrived for the project. Manager Lawver pointed out we would begin with the areas in litigation first.

Moved Mr. Streeter, seconded Ms. Estrada to adopt a resolution reallocating Community Development Block Grant Funds from Fiscal Year 2006 as follows: $3,245.84 from Financial Counseling to the renovation of 64 Breckenridge Street and $10,756.43 from Closing Costs to the renovation of 64 Breckenridge Street for a total of $14,002.27; from Fiscal Year 2007 $6,687 from Financial Counseling to the renovation of 64 Breckenridge Street and $5,211.27 in recaptured CDBG funds from the sale of property at 133 N. Stratton Street for the renovation at 64 Breckenridge Street. The total amount to be reallocated is $25,900.54. Motion carried unanimously.

Mrs. Naugle asked why this has been changed from the original recommendation by the community development committee. Ms. Bush explained PICPI asked these funds remain to pay for closing cost. Mrs. Naugle asked for an explanation of the CDBG recaptured funds-$5,211.27. Ms. Bush explained these families must stay at these properties for a specified period of time or it goes back to PICPI.

Moved Mr. Streeter, seconded Mrs. Naugle to adopt a resolution authorizing the Borough Finance Director to submit an application on behalf of the Borough to the Pennsylvania Department of Community and Economic Development for $137,256 in Fiscal Year 2009 Community Development Block Grant funds to be allocated as follows: $15,000 for the Borough to administer the CDBG program, $5,000 to Habitat For Humanity for site development at the 5th Street Project; $13,200 to Survivor Services for a new roof at the shelter; $29,036 to the to the Borough of Gettysburg code enforcement, and $75,000 to the Borough of Gettysburg to bring sidewalks and intersections into compliance with the Americans with Disabilities Act (ADA). Motion carried unanimously.

Ms. Giles noted Survivors Inc. will be getting money from two sources. Ms. Bush said that would give them their full request

Moved Mr. Streeter, seconded Mr. Butterfield to authorize the solicitor to prepare an ordinance of the Borough of Gettysburg authorizing membership in the Adams County Council of Governments, approving the Adams County Council of Governments proposed bylaws and agreement as and for the agreement for the Council, authorizing the ratification of the bylaws, and providing for the appointment of delegates by resolution. Motion carried unanimously.

Moved Mr. Streeter, seconded Mrs. Naugle to authorize the Council of

Governments to advertise the COG Ordinance for the next council meeting. Motion carried unanimously.

Mr. Birkner reported he met with the new Recreation Coordinator and discussed the upcoming events to be held at the park. The Sunday Concert Series, Friday movie nights and a puppet show are currently planned.

Mrs. Naugle reported the Peer to Peer meeting went well with Susan Landis and the next phase will be to interview key people to see the concept of regional recreation. Susan, Ted and Manager Lawver have agreed to be interviewed and if anyone else is interested may contact the Rec Coordinator. She noted Flo Ford would be scheduling these interviews in the near future. The next Peer to Peer meeting is scheduled for Wednesday, July 29th.

Ms. Giles asked if this group is separate from the Recreation AD HOC Committee. Mrs. Naugle answered yes the Peer to Peer includes all other municipalities that are involved with regional recreation.

Moved Mr. Birkner, seconded Ms. Giles to authorize the manager to renew the Agility Agreement with the Commonwealth of Pennsylvania Department of Transportation. Motion carried unanimously.

Moved Mr. Birkner, seconded Mr. Butterfield to enact an ordinance vacating and closing Hartley Alley and vacating and closing a portion of Strickhouser Alley effective July 18, 2009. Motion carried unanimously.

Solicitor Eastman pointed out the ordinance would not take effect until 40 days from today so all property owners are notified.

Moved Mr. Butterfield, seconded Mr. Streeter to enact 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 and discharge of firearms in the Borough of Gettysburg. Motion carried unanimously.

Moved Mr. Butterfield, seconded Mr. Birkner to offer police candidates #1, #2 and #4 the police officers' position upon condition of passing all required exams. Motion carried unanimously.

Ms. Estrada reported she received a complaint about garbage on the square that council will need to address. Manager Lawver pointed out the garbage is to be picked up 6 days a week but isn't. The garbage contract is up for renewal this year and suggests the public works and finance committees review it.

Mrs. Naugle reported the Human Resource committee is in the process of finalizing the employee handbook. She noted they are awaiting clarification from Attorney Neva Stanger.

Moved Mrs. Naugle, seconded Ms. Giles to appoint Judi McGee to the Gettysburg Historical Architectural Review Board to fulfill the unexpired term of Norman Forness expiring August 2009. Motion carried unanimously.

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

Moved Mr. Krummerich, seconded Mr. Streeter to accept the 2008 audited Financial Statements. Motion carried unanimously.

Moved Mr. Krummerich, seconded Mr. Streeter to adopt a resolution setting the fee for a Firearms Discharge permit in the amount of $20.00. Motion carried unanimously.

Mayor Troxell asked for an exemption to pay this fee for Military Funerals. Mr. Butterfield asked what a similar ceremony is. Mayor Troxell responded its how it's written in the ordinance. Mr. Krummerich said council must be careful when making exceptions. Ms. Giles also thought council couldn't exclude one group. Mr. Peterson feels strongly not to charge anyone who has served in the military

Solicitor Eastman explained the ordinance has exemptions for such things as funerals and parades but requires a permit. Manager Lawver pointed out the $20.00 permit is good for one year for an organization and it doesn't matter how many events they have within the year.

Ms. Giles reported the PILOT letter responses were included in the council book for review. Council will need to consider alternative services. Mr. Streeter expressed concern with raising taxes next year; the borough is short on help now and don't know what services could be eliminated. Mr. Peterson said council may need to raise taxes or look at other alternatives. Ms. Estrada noted she is working with Senator Alloway's office for funding and will report when she has more information.

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

Manager Lawver reported a Conservation Energy Grant is available for the office building and parking garage repairs and noted it's a 25% matching grant. The application is due June 15th and would need council approval prior to submitting the application. If the grant is approved the funds wouldn't need to be used until 2012.

Moved Mr. Krummerich, seconded Ms. Giles to approve submitting an application for the Conservation Energy Grant including the 25% match. Motion carried unanimously.

Manager Lawver reported the Borough received a donation of $2,750.00 from the Jaycees. They recently dissolved their organization and would like the money to be used towards operating expenses at the Recreation Park.

Moved Ms. Estrada, Seconded Mr. Krummerich to authorize Manager Lawver to submit the necessary application for changes to reduce the borough's phone bill by 15%. Motion carried unanimously.

Manager Lawver reported he is currently reviewing the insurance policy that expires in September and will get RFP's. He will report to council once he receives the information.

Manager Lawver reported he met with Columbia Gas today to discuss a partnership plan. They will work with the borough's highway department and code enforcement officer.

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

Ms. Overton reported letters have been sent to all business's conducting an amusement for an audit review of their admission tax. Mr. Krummerich asked who would be doing the audit. Ms. Overton answered the Borough's Auditors, Smith, Elliot, Kearns would be handling this. Mr. Butterfield asked the process if they find discrepancies with the tax reporting. Ms. Overton responded the ordinance states a penalty could be charged along with collecting back taxes.

Moved Ms. Estrada, seconded Mr. Streeter to authorize the release of the remainder of the financial security in the amount of $18,992.16 for the completion of required improvements in connection with the land development plan of West Street Plaza Phase II consistent with the certification of CS Davidson Inc., Borough Engineers, dated May 18, 2009. Motion carried unanimously.

Council adjourned at this time for an executive session to discuss ADA and pending litigation updates and a personnel matter.

With no further business to come before council moved Ms. Giles, seconded Mr. Butterfield to adjourn the meeting at 10:30 pm.

Respectfully submitted,

Sara L. Stull, Borough Secretary