Borough Council

Borough Council Meeting Minutes

August 10, 2009

President Edwin Peterson called the meeting to order at 7:30 PM with the following Councilors present: 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. Ms. Holliday Giles was absent. Staff present included Manager John Lawver, Borough Secretary Sara Stull, Attorney Richard Thrasher, Chief Joseph Dougherty, Finance Director Ramona Overton, Planner Merry Bush and Rec Coordinator Jackie Green.

Others present included: John Darlington III, Gettysburg Police Department; John Darlington Jr., Nancy Wagner and Gretchen Darlington; Chuck Teague, Gettysburg Police Department Chaplain; Bob Finch, Dennis Weaver, William Lamer, Millard Blogher, Sr., Merle Rudisill and Mark Rockwell representing VFW Post 15; Liester Prosser, Sr., American Legion; Richard Snider and Eugene Shaffer, American Legion Post 262; Ernest Clevinger and Robert Hood American Legion Post 202; Joseph Sanders, Allied Veterans Council; Roy Smith, Retired Veteran; Jacqueline White, owner, Dobbin House; Tammy Myers, American Civil War Museum; Bob and Donna Abraham, Abraham's Lady; Paul Witt, Quality Inns; Stan Watts, Atlas Bronze; Gene Golden, Gettysburg Signs; Judie Butterfield, 999 Sunset Avenue; Kathy Gilbert, 39 South Street; Jim Cooke, 1040 Long Lane; Graham Weaver, 721 Sunset Avenue; John Phillips, 101 West middle Street; David Spahr, 531 Carlisle Street and Stan Clark, 915 Fairview Avenue.

Representing the press were Scot Pitzer of the Gettysburg Times, Bill Swartz, Photographer Gettysburg Times, and Erin James representing the Evening Sun

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

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

Attorney Richard Thrasher announced the executive session held on July 13, 2009, immediately following the adjournment of its regular meeting, the Gettysburg Borough Council conducted an executive session pursuant to Section 708 (a) (4) of the Pennsylvania Sunshine Act in order to consult with its solicitor and with the Borough Manager regarding identifiable complaints against the Borough of Gettysburg in connection with lawsuits filed against several Gettysburg Borough business owners and property owners in the United States District Court for the Middle District of Pennsylvania by Marilyn Phillips seeking declaratory and injunctive relief under the Americans with Disabilities Act and to consult with its solicitor regarding an action filed by Debra a. Golden in the Court of Common Pleas of Adams County to No. 09-S-773 and to discuss matters involving the employment of Borough employees pursuant to Section 708 (a) (1) of the Sunshine Act.

Attorney Richard Thrasher announced immediately following the adjournment of its meeting this evening, the Gettysburg Borough Council will conduct an executive session pursuant to Section 708 (a) (1) of the Sunshine Act to discuss matters involving employment of Borough employees.

Mayor Troxell administered the Oath of Office to new police officer John M. Darlington III who will begin his duties today.

Mayor Troxell announced the USS Gettysburg picnic is scheduled for Tuesday, September 1st at the Recreation Park.

Commander Robert Finch, Gettysburg VFW Post 15, spoke on behalf of the Allied Veterans Council; expressed their concern with the new firearms ordinance council recently adopted. They feel the ordinance is unfair and possibly "illegal" mainly because of the $20 fee charged to military organizations. Mr. Finch asked council to reconsider and waive the fee for the military organizations.

Councilman Krummerich reminded the veterans that the ordinance was adopted for liability reasons noting insurance is important in providing public safety. The fee was established to make it as uniform to all groups.

Tim Fazenbaker representing the American Legion read a prepared statement from Commander Jim Sutton that the members are willing to donate $2,500 to erect a second flagpole in the square. He noted it recently came to their attention that the American Flag is not flown in the square while the Christmas tree is in place.

Manager John Lawver reported this would be discussed at the next Public Works Committee meeting.

Jackie White, owner Dobbin House spoke on behalf of the Steinwehr Avenue Business Association (SABA). She gave a brief update on the revitalization plans for the Steinwehr Avenue Project. Ms. White explained the group was formed a few years ago to spruce up Steinwehr Avenue. She pointed out they raised $20,000 to conduct a feasibility study and contracted with the Delta Group. The SABA group request council creates a Business Improvement District in and along Steinwehr Avenue.

Councilwoman Estrada asked if borough staff would be expected to send out letters to the property owners or would the SABA group. Ms. White responded the SABA group would send out the letters. Councilman Butterfield encouraged proceeding with the project noting there's a lot of work to accomplish in 10 months.

Sculptor Stanley Watts addressed council regarding the Lincoln Statue he offered to Borough Council nearly a year ago and presented them with a model of the planned statue. He explained the intent was to supply a statue at no cost to the borough, with the borough providing land to place it. The sculpture is proposed for the Alumni Park, owned by the Gettysburg `Area School District and noted there would be no financial burden placed upon the borough or the Gettysburg Area School District. Mr. Watts would like to have the statue ready by November 19th, the 146th anniversary of the Gettysburg Address. He pointed out until an agreement is signed he cannot finalize details with the beneficiary and would need permission from council to move forward with the project.

Mr. Watts also told council he wants to defend his reputation and respond to any questions about a federal fraud investigation into a company that financed one of his projects in Emmitsburg, Maryland. The complaint was filed alleging Coadum Advisors financed the sculpture and made $30 million in other investments using a Ponzi scheme that illegally used money from new investors to pay off earlier ones.

Councilman Birkner noted an agreement has been prepared by the borough solicitor but before finalizing some members of council were hesitant until questions were satisfied. Mr. Watts answered questions mostly pertaining to cost and maintenance. He offered to take care of the maintenance and proposed setting up a maintenance fund if council desired. Mr. Watts also promised to take care of installation costs and pointed out that this is a gift to the borough.

Attorney Thrasher reported that a Memorandum of Understanding (MOU) has been prepared but has been on hold. Borough Council agreed to authorize the solicitor to finalize the MOU for approval.

Citizens in attendance:

Kathy Gilbert attended the meeting to express her concern with the Segway Tours traveling around town. She pointed out how dangerous they are and asked council to review this issue. Mr. Peterson referred this to the public works committee for further review.

Mr. Streeter reported the Gettysburg Municipal Authority members recently met with Senator Alloway.

Mr. Streeter reported the Community Development Committee would not meet this month but that everyone is invited to the Elm Street office for a brief overview.

Moved Mr. Streeter, seconded Ms. Estrada to initiate the procedure for the creation of a Business Improvement District in and along Steinwehr Avenue within the Borough of Gettysburg and to authorize the preparation of a plan for the possible implementation of the Business Improvement District. Motion carried unanimously.

Moved Mr. Streeter, seconded Mr. Butterfield to set a public hearing to be held Monday, September 28, 2009 at 4:00 pm for the purpose of receiving comments regarding a proposed ordinance to amend the Gettysburg Sign Ordinance. Motion carried unanimously.

Mr. Butterfield reported letters would be sent to the six sign makers, Planning Commission, HARB, Zoning, and other organization with a list of the proposed changes for their review.

Moved Mr. Birkner, seconded Mr. Streeter, to accept the Rotary Clubs offer to donate a bench to be installed in the Southeast Quadrant on the square at no cost to the borough. Motion carried unanimously.

Mr. Birkner reported the Peer-to-Peer meeting was held July 29th. Mrs. Naugle gave a brief overview of the meeting and noted Susan Landis is optimistic that all municipalities will work together. The next meeting is scheduled for August 19th at 5:30pm at the Gettysburg Area School District.

Mr. Birkner reported the new recycling list should be available in the near future. Mrs. Judie Butterfield pointed out Waste Management must communicate with the garbage truck drivers to make them aware of what can be picked up. She continues to work with Tom Stang to get this issue resolved. Manager Lawver noted the drivers are responsible for the recycling they pick up noting pizza boxes are not acceptable because of the grease, it will contaminate the cardboard.

Moved Mr. Butterfield, seconded Mr. Birkner to authorize the solicitor to advertise for enactment an ordinance amending Chapter 5, Part 1 of the Code of Ordinances by adopting the International Property Maintenance Code, 2009 Edition with modifications as the Property maintenance Code of the Borough of Gettysburg. Motion carried unanimously.

Moved Mr. Butterfield, seconded Mr. Streeter to authorize the solicitor to advertise for enactment an ordinance amending Chapter 10, Part 2 of the Code of Ordinances regulating grass, weeds and other vegetation to come into conformity with the new Property Maintenance Code of the Borough of Gettysburg. Motion carried unanimously.

Moved Mrs. Naugle, seconded Mr. Birkner to reappoint Judi McGee to the Gettysburg Historical Architectural Review Board (HARB) for a five (5) year term that will expire in August 2014. Motion carried unanimously.

Mrs. Naugle presented the updated draft newsletter for review. If anyone has any request should contact her.

Moved Mr. Krummerich, seconded Ms. Estrada to retain Delta Development Group Inc., to prepare the PIB loan application for Engineering, Design and Project Management Services for the Steinwehr Avenue project funded by the PCTI Grant. Motion carried unanimously.

Mr. Streeter asked if this is a contractual agreement between the borough and the Steinwehr Avenue Business Association. Ms. Overton answered yes.

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

Ms. Estrada reported the college is expecting approximately 730 new students.

Moved Mrs. Lewis, seconded Mr. Birkner to approve issuance of Certificates of Appropriateness for items A, B, C, and D of new business as set forth in the minutes of the July 15, 2009 meeting of the Historical Architectural Review Board for the Borough of Gettysburg consistent with the recommendations of HARB. Motion carried unanimously.

Mrs. Lewis reported the Shade Tree Commission would meet on August 11, 2009 at 7:00 pm.

Mr. Birkner expressed his disappointment with the recent removal of trees on Stratton Street. He suggests looking for ways to work around trees when possible instead of removing them. Ms. Estrada asked if new trees would be planted to replace the ones removed. Manager Lawver responded this is still in discussion with the property owner. Mrs. Naugle pointed out this will continue to be issues throughout town as the ADA regulations are enforced.

Manager Lawver reported Code Enforcement Officer Gettel would give a presentation to college students on opening day, September 1st.

Manager Lawver reported he continues to review and discuss the Waste Management contract with the Adams County Solid Waste department. A meeting is scheduled with the haulers at the AG Center on August 25th at 9:00 am. Ms. Estrada asked that the street containers be included in the contract.

Manager Lawver reported he continues to work on the ADA matters.

Moved Mr. Streeter, seconded Mr. Birkner to enact 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, authorizing the ratification of the proposed Bylaws, and providing for the appointment by resolution of delegates to the Council of Governments. 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. Butterfield to adjourn the meeting at 10:30 pm.

Respectfully submitted,

Sara L. Stull

Borough Secretary