Borough Council

Borough Council Meeting Minutes

July 13, 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: PTLM Harold Pruy and wife Kristine; PTLM Kevin Thanhauser; Kimberly Colonna, McNees Wallace & Nurick LLC, 100 Pine Street, Harrisburg; Gene Golden, Borough Vent; Darlene Brown, PICPI-ACHA; Judie Butterfield, 999 Sunset Avenue; Kathy Gilbert, 39 South Street; Carol Miller, 47 N. Hay Street; Jasmine Berg, 47 Chambersburg Street, Apt 1; Graham Weaver, 721 Sunset Avenue; Stan Clark, 915 Fairview Avenue; Roberta and Jim Cooke, 1040 Long Lane and Mark Berg, 175 Cold Springs Road, Gettysburg.

Representing the press were Scot Pitzer of the Gettysburg Times, Bill Schwartz, Photographer, Gettysburg Times and Joe Deinlein representing the Evening Sun

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

Moved Mr. Streeter, seconded Ms. Giles, to approve the June 8, 2009 minutes as presented. Motion carried unanimously.

Solicitor Eastman announced the executive session held on June 8, 2009, immediately following the adjournment of its regular meeting, council conducted an executive session pursuant to Section 708 (a) (4) of the PA Sunshine Act to consult with its solicitor and with borough manager regarding identifiable complaints against the Borough of Gettysburg in connection with a series of law suits filed in the United States District Court for the Middle District of Pennsylvania by Marilyn Phillips for declaratory and injunctive relief under the American with Disabilities Act and also to consult with its solicitor regarding an action filed by Debra A. Golden in Adams County alleging a violation of the Sunshine Act pursuant to Section 708 (a) (1) and to discuss matters involving the employment of borough employees.

Solicitor Eastman announced immediately following tonight's meeting council would conduct an executive session to discuss litigation.

Citizens in attendance:

Mark Berg attended to express his concerns regarding the REDDI project and the little progress it has made in six years. He asked what the Borough did with the $1million state grant. Mr. Berg pointed out according to a 1993 newspaper report, the Borough and the Adams County Economic Corporation applied for $6.4 million from the state and federal governments. He noted the application showed the cost to purchase the properties was $3 million and county records show that GEDC purchased the property for $2.9 million. Mr. Berg said he is frustrated that Council is not reporting on the REDDI project and that at their April meeting it was announced Council would within 30 days.

Gene Golden expressed his concern with Council holding meetings behind closed doors. He mentioned his wife Debi Golden recently filed a complaint against the Borough to open these meetings to the public. The decision by Judge Kuhn he feels was not a victory for the Borough because it was based on a technicality that the complaint was filed after a 30-day limitation. Mr. Golden asked Borough Council to open these meetings to the public.

Stan Clark attended the meeting to clarify a report that said he was against the Christmas tree on the square but he welcomes the Christmas tree.

Carol Miller commended Sgt Kevin Wilson on his professionalism regarding a recent incident. Mrs. Miller expressed her disappointment that Judge Kuhn dismissed the suit filed by Debi Golden based upon "procedural law" instead of "substantive merit". Solicitor Eastman responded we would have welcomed a decision on the substantive law and we would have won.

Roberta Cooke asked if Michael Sands, hired for grant writing assistance is providing what Council expected of him. Ms. Estrada responded Council continues to review this issue.

Jasmine Berg expressed her frustration regarding parking, noting she has received several tickets because she doesn't have a place to park. She rents an apartment on Chambersburg Street and therefore is not eligible for RPP parking and was told she could park in the parking garage. Ms. Berg pointed out the parking garage cost $60.00 a month and the RPP is only $24.

Mr. Peterson recommended Ms. Berg attend the next safety committee meeting. Mr. Birkner asked why she couldn't park on Franklin Street since it is a RPP street. Manager Lawver explained the RPP parking is for the residents of those streets only. He pointed out that landlords are to provide parking for their tenants. Ms. Berg noted there are only 3 spaces where she lives but there are four tenants. Mr. Butterfield said he would be in contact with her to discuss the parking issue.

Kathy Gilbert reminded council to consider parking solutions for her employees and customers at her business on Chambersburg Street. Mr. Peterson recommended this be review at the public works committee.

Mayor Troxell administered the oath of office to new police officers Harold Pruy and Kevin Thanhauser who will begin their police duties.

President Peterson read a prepared statement regarding a Sunshine Act lawsuit that was filed in May by Debra Golden claiming the ordinance committee is holding illegal closed-door meetings. Judge Kuhn recently dismissed the suit on a legal technicality, ruling that Mrs. Golden didn't file her suit within the 30-day period required by state law. Mr. Peterson pointed out no official action or deliberations of the Council can or do take place in these administrative meetings. Ultimately, any draft ordinances Council wishes to consider for the purpose of taking official action, are deliberated upon and acted upon by Council at open meetings which are duly advertised as required under the Sunshine Act and the Pennsylvania Borough Code.

Moved Ms. Giles, seconded Mr. Streeter to approve a letter of support for the Adams County Arts Council to purchase Glory Gym on Washington Street. Motion carried unanimously.

Mr. Streeter reported the Gettysburg Economic Development Corporation met today regarding the REDDI project. They have reached a point where borough involvement is going to be required and that a special meeting should be scheduled in the near future. Mr. Streeter announced local developer David Sites is the leading candidate to take over the project, and that he is expected to attend the special meeting to share his plans with Council. He noted details regarding his plans are confidential, as they involve private real estate information.

Mr. Peterson announced a special council meeting would be scheduled for Tuesday, July 21, 2009 at 5:00pm.

Ms. Estrada asked the status of the wayfinding signs. Manager Lawver responded he would contact Mark Pratt, NPS to get an update.

Mr. Butterfield reported the Civil Service Commission has completed the police testing process and that 2 of the 3 officers will begin their duties.

Moved Mrs. Naugle, seconded Mr. Streeter to approve by resolution the updated employee handbook effective August 1, 2009. Motion carried unanimously.

Mrs. Naugle noted the Human Resource Committee would plan to review and update the handbook each year after the PELRAS conference.

Mr. Streeter said this could present a hardship in the future for the police chief with the requirement to live in the borough. Ms. Giles and Mrs. Naugle suggested leaving it as is that changes could be later if so needed.

Moved Mrs. Naugle, seconded Ms. Giles to reappoint Andrew Larson to the Board of Gettysburg Area Industrial Development Authority for a five- year term, which will expire in July 2014.

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

Ms. Estrada announced College Community didn't meet in July. She noted the Mayor would contact Mr. Ted McPhearson to get a copy of his statement he read to Council so the college can review and address his concerns.

Moved Mrs. Lewis, seconded Mr. Butterfield to approve issuance of Certificates of Appropriateness for items A, B, and C of Old Business and item F of New Business as set forth in the minutes for the June 17, 2009 meeting of the Historic Architectural Review Board for the Borough of Gettysburg consistent with the recommendations of HARB and subject to the following conditions: That the Applicant in each matter make application for and obtain a sidewalk permit from the Borough of Gettysburg for the installation of any ADA accessible ramp in the public sidewalk right-of-way; that as part of the sidewalk permit issuance process the design of the ADA accessible ramp is subject to the review and approval by the Borough of Gettysburg by its Borough Engineers, C.S. Davidson, Inc. and/or its ADA consultant, H.R. Gray; and that the Applicant in each matter enter into any agreements required by the Borough of Gettysburg addressing any encroachments or obstructions within the public sidewalk right-of-way in connection with the installation of any ADA accessible ramp. Motion carried unanimously.

Moved Mrs. Lewis, seconded Mr. Streeter to approve issuance of Certificate of Appropriateness for items A, B, C, D, E, and G of New Business as set forth in the minutes of the for the June 17, 2009 meeting of the Historic Architectural Review Board for the Borough of Gettysburg consistent with the recommendations of HARB. Motion carried unanimously.

Solicitor Eastman gave a brief update on ordinance authorizing membership in Adams County Council of Governments (COG). This will be on the August agenda for council approval.

Solicitor Eastman gave a brief update on ordinance vacating and closing Hartley Alley and vacating and closing a portion of Strickhouser Alley. Notices went out to the property owners, and if no response this will go into effect July 18, 2009.

Moved Mr. Streeter, seconded Ms. Estrada to adopt resolution for the purposes of approving a revision to the Act 537 Official Sewage Facilities Plan as approved by Gettysburg Municipal Authority dated April 2009 which provides for the upgrade and expansion of the Gettysburg Wastewater Treatment Plant and the future upgrade and expansion of the Hunterstown Wastewater Treatment Plant and approving the submission of the revision of the said Act 537 Official Plan to the Pennsylvania Department of Environmental Protection and approving the submission of the revision to the said Act 537 Official Plan to the Pennsylvania Department of Environmental Protection. Motion carried unanimously.

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

With no further business to come before council moved Ms. Giles, seconded Mr. Streeter to adjourn the meeting at 9:45 pm.

Respectfully submitted,

Sara L. Stull, Borough Secretary