Borough Council
Borough Council Meeting Minutes
October 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,
Borough Secretary Sara Stull, Solicitor Harold Eastman, Chief Joseph Dougherty, Finance Director Ramona Overton, Planner Merry Bush and Rec Coordinator Jackie Green. Manager John Lawver was out sick.
Others present included: Attorney Frank Leber, Bond Council, Rhoads & Sinon: Phillip Murray, Manager, Gettysburg Hotel: Darlene Brown, PICPI-ACHA: Judie Butterfield, 999 Sunset Avenue: Graham Weaver, 721 Sunset Avenue and Jim Cooke, 1040 Long Lane.
Representing the press were Scot Pitzer of the Gettysburg Times, and Erin James representing the Evening Sun
President Peterson announced an executive session of the Gettysburg Borough Council was conducted on October 1, 2009, commencing at 6:00 p.m., consistent with Section 708(a)(1) of the Sunshine Act to discuss matters involving the employment and the conditions of employment of Borough employees.
Solicitor Eastman announced an executive session of the Gettysburg Borough Council was conducted on Friday, September 18, 2009, commencing at 9:00 a.m., consistent with Section 708(a)(4) of the Sunshine Act to meet and consult with the Borough Manager, the Borough Solicitor and the Borough special legal counsel in connection with identifiable complaints associated with pending litigation filed in the United States District Court for the Middle District of Pennsylvania by Marilynn Phillips seeking relief under the Americans with Disabilities Act.
Moved Ms. Giles, seconded Mr. Streeter, to approve the agenda as presented. Motion carried unanimously.
Moved Ms. Giles, seconded Mr. Streeter, to approve the September 14, 2009 minutes as presented. Motion carried unanimously.
Frank Leber, Rhoads & Sinon gave council a brief summary regarding a General Obligation Note in the amount of $300,000 for the Steinwehr Avenue improvements. Questions from council were answered by Mr. Leber.
Moved Mr. Streeter, seconded Ms. Giles to enact by Council of Ordinance No. 1368-09, in the form presented to this meeting, authorizing the incurrence of general obligation debt of the Borough to be evidenced by a General Obligation Note, Series of 2009, in the maximum principal amount of $300,000. YEA: Mrs. Lewis, Ms. Estrada, Mr. Krummerich, Mr. Birkner, Ms. Giles, Mr. Peterson, Mr. Streeter, Mr. Butterfield and Mrs. Naugle. Motion carried unanimously.
Phillip Murray addressed Council regarding the parking deck rental agreement. He explained the hotel has been paying the borough $100,000 since 2003 and expressed his concerns if the proposed new rate of $205,000 is approved. Mr. Murray said this would be a hardship for the hotel with the current economy and difficult cash flow challenges.
Mr. Peterson referred Mr. Murray to attend the finance committee meeting for further discussion on the parking rental agreement.
Mayor Troxell reported the Civil Service Commission has completed the non-competitive examination for William Gonzalez and recommends Council appoint him as a full time officer.
Moved Ms. Estrada, seconded Mr. Streeter to appoint provisionally for a six (6) month period, William Gonzales to fill a vacancy as a full time patrol officer in the Gettysburg Borough Police Department. Motion carried unanimously.
Mayor Troxell recognized three officers for their outstanding services, both in Adams County and the state. He said the American Legion Post 202 named Chief Joe Dougherty its "Officer of the Year" in 2009, an award that was previously awarded to Sgt. Larry Runk in 2006 and Officer William Laughman in 2007. Mayor Troxell also said all three officers were named "Law Enforcement Officer of the Year" by the Pennsylvania 40-and-8 organization. He said Gettysburg is very fortunate to have a department of well-qualified police officers.
Mayor Troxell announced Trick or Treat would be held on Halloween, Saturday, October 31 from 6-8 p.m.
Mrs. Naugle reported the regional recreation study that was presented at the peer-to-peer meeting is in council books for review.
Moved Mr. Butterfield, seconded Mr. Streeter to enact an ordinance amending Section 15-305 of the Code of Ordinance by adding an area where parking is prohibited at all times on the west side of Long Lane between Queen Street and a point 375 feet south of Queen Street. Motion carried unanimously.
Moved Mr. Butterfield, seconded Ms. Giles to authorize the solicitor to advertise for enactment an ordinance amending Chapter 21, Part 2, D of the Code of Ordinances regulating snow and ice removal conditioned upon the review and approval of the ordinance by the Public Safety Committee. Motion carried unanimously.
Mr. Butterfield reported the next meeting of the Steinwehr Avenue Business Association (SABA) would be held on October 21st at 5:00 p.m.
Mr. Krummerich reported the third annual Salsa Dance on the square sponsored by Project Gettysburg Leon went very well. He also reported the Military Chess Championship was played in Gettysburg over the weekend.
Moved Mr. Krummerich, seconded Mr. Butterfield to approve all bills and payrolls for the month. Motion carried unanimously.
Ms. Estrada reported the Gettysburg College homecoming is this weekend.
Moved Mrs. Lewis, seconded Mrs. Naugle to approve issuance of Certificates of Appropriateness for items A, B and old business item A, as set forth in the minutes of the September 16, 2009 meeting of the Historic Architectural Review Board for the Borough of Gettysburg consistent with the recommendations of HARB. Motion carried unanimously.
Moved Mrs. Lewis, seconded Mr. Streeter to approve issuance of Certificates of Appropriateness for item B, of Old Business as set forth in the minutes for the September 16, 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:
1) 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;
2) that as part of the sidewalk permit issuance process the construction drawings of the ADA accessible ramp are subject to the review and approval by the Borough Gettysburg by its Borough Engineers, C.S. Davidson, Inc. and/or its ADA consultant, H.R. Gray; and
3) 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.
Mrs. Lewis reporting for the shade tree commission recommended not adding more trees but replacing the ones that have died. This should be discussed during the budget workshop to include more funds.
Mr. Birkner commented citizens can't be forced to plant trees and the borough can't afford to purchase them. He noted there might be a potential loss of trees due to the enforcement of ADA regulations.
Moved Mr. Butterfield, seconded Ms. Giles to adopt a resolution approving the inspection fees of Commonwealth Code Inspection Services Inc. for the inspections under the property maintenance ordinance. Motion carried unanimously.
Moved Mr. Streeter, seconded Mr. Butterfield to adopt a resolution authorizing Met-Ed to replace the 175 watt mercury vapor street light located on pole # 14436-18160 in front of 230 Chambersburg Street with a 100 watt, high pressure sodium vapor street light. Motion carried unanimously.
Moved Mr. Streeter, seconded Mr. Butterfield to approve the Minimum Municipal Obligation (MMO) for the Gettysburg Police and the Gettysburg Non-Uniformed Employees defined pension plans for 2010. Motion carried unanimously.
With no further business to come before council moved Mr. Birkner, seconded Mr. Krummerich to adjourn the meeting at 8:50 pm.
Respectfully submitted,
Sara L. Stull
Borough Secretary