Borough Minutes

Borough Council Meeting Minutes

 November 14, 2011

President John Butterfield called the meeting to order at 7:00 PM with the following Councilors present: Ms. Holliday Giles, Mr. Theodore Streeter, Mr. Michael Birkner, Mrs. Susan Naugle, Mr. Robert Krummerich, Ms. Alice Estrada, Mrs. Claire Lewis, Mr. Graham Weaver and Mayor William Troxell. Staff present included Manager Florence Ford, Borough Secretary Sara Stull, Solicitor Harold Eastman, Chief Joseph Dougherty, Finance Director Ramona Overton, Planning Director Scott Dellett and Public Works Director Dan Hilliard.

Others present included: Chad Clabaugh, C.S. Davidson Inc.; Darlene Brown, PICPI-ACHA; ,Jennifer Eckerson, Elm Street; Judie Butterfield, 999 Sunset Avenue; Kathy Gilbert, Gettysburg Day Spa, 221 Chambersburg Street; Philip Gable, 132 East Middle Street; Jim Cleveland, 36 East Lincoln Avenue; Barb Sonafen, 341 Baltimore Street; Rebecca Brown, 334 Baltimore Street; Kyle Leinbach, Tipton's Grill, 115 West Middle Street; David Nett, Brad Hunt, Steve Litten and Larry Redding representing the Gettysburg Area School District; Jeffrey Bonnerwith, K & W Engineers; Anthony Caestock, C.R.A, Mechanicsburg; and members of the Gettysburg College Women's Lacrosse Team, Bailey Beardsley, Kendall Akey, Katie Blumenthal, Loren Pruitt, Hayward Sawers, Hannah Church, Alex Casey, Kelly Spieker, Madeleine Coleman, Paige McKenna, Alexis Kelly, Kelsey Markiewicz, Megan Quigg, Jennifer Levy, Elizabeth Baron, Carol Cantele, Head Coach; Barb Jordan, Assistant Coach; Kelly Jones, Head Equipment Manager; Michael Cantele, Head Athletic Trainer; Susan Fumagalle, Assistant Director of Athletics; Braden Snyder, Barbara Fritze, VP of Enrollment and Education Services; Patti Lawson, Associate Vice President and David Wright, Director of Athletics.

Representing the press were Mark Walters of the Gettysburg Times, Bill Swartz, Gettysburg Times photographer and Tim Prudente representing the Evening Sun

President Butterfield announced the Borough Council will conduct an executive session immediately following the adjournment of this meeting consistent with Section 708(a)(4) of the Sunshine Act for the purpose of consulting with the Borough manager and the solicitor regarding information in connection with litigation or with issues on which identifiable complaints could be filed.

The agenda was approved after adding a motion by Mr. Weaver that the Clerk 1 position #4 in the administration/finance/public officials section of the budget be deleted and be replaced with the sum of $20,000.00 to be available for emergency accounting services..

Moved Mrs. Naugle, seconded Mr. Krummerich, to approve the October 11, 2011 minutes after amending page 1, special presentation the Breck Squad received the 2011 Chairman's Award for Youth Involvement from Pennsylvania Downtown Center. Motion carried unanimously.

Special Presentation:

Gettysburg College Women's Lacrosse Team

Mayor Troxell read a proclamation in honor of the Gettysburg College Women's Lacrosse Team and presented it to Patti Lawson and Barbara Fritze on behalf of Janet Riggs, President Gettysburg College. Ms. Lawson said President Riggs was unable to attend due to another engagement but is so pleased that the Mayor and Council are honoring the Women's Lacrosse Team.

Mayor Troxell read a brief statement about the 2011 Women's Lacrosse Team winning their first NCAA Division III Championship. Before presenting the team with the Eddie Plank Certificates and Borough pins he introduced Jack Bream to give a brief history of the Eddie Plank Award.

Gettysburg School District

Jeffrey Bonnerwith, engineer for the school district gave a brief overview regarding the Lefever Street realignment. Mr. Butterfield asked if the street would have access for emergency personnel throughout the period of construction. Mr. Bonnerwith responded it would remain open at all times for traffic to get through. Mr. Birkner asked if there would be sidewalks on both sides of the street. Mr. Bonnerwith said yes with one side designated a shared bike route. There will also be speed bumps for calming effects. Mr. Weaver asked the cost. Mr. Hunt responded it's a $35 million dollar project. He noted there would be no tax increase due to extensive savings from their recent bond issue. Mr. Butterfield asked when the project would begin and a completion date. Mr. Caestock answered the project would begin in June 2012 and end in August 2014.

Public Comment:

Kathy Gilbert, addressed Council concerning the proposed budgeted funding to Main Street. She doesn't feel they do much for the Borough to deserve a substantial amount and is disappointed Council would give them funding. Ms. Gilbert said she is an advocate for Elm Street and noted there are other local agencies that deserve more funding from the Borough.

Mayor Troxell reported the Adams County Boroughs Association meeting will be held on November 21st at the Pike Restaurant. Anyone interested in attending should contact Sara.

Ms. Giles reported the College Community Committee meeting is scheduled for Tuesday, November 22nd at 5:00.

Moved Mr. Birkner, seconded Ms. Estrada to enact an ordinance amending Chapter 15, Part 8, Section 801 of the Code of Ordinances of the Borough of Gettysburg by extending Breckenridge Street and by designating portions of five (5) additional streets in the Borough of Gettysburg as snow emergency routes. Roll call vote: YEA: Mr. Birkner, Ms. Estrada, Ms. Giles, Mr. Krummerich, ms. Lewis, Ms. Naugle , Mr. Streeter, Mr. Weaver and Mr. Butterfield. The vote passed 9-0.

Moved Mr. Birkner, seconded Mrs. Lewis to authorize the solicitor to prepare and advertise for enactment an ordinance amending and updating Chapter 6 of the Code of Ordinances regulating conduct within the Borough of Gettysburg. Motion carried unanimously.

Moved Mrs. Naugle, seconded Ms. Lewis to appoint Phillip Cosden to the Gettysburg Area Park and Recreation Board to complete the unexpired four (4) year term of Ken Hassinger whose term will expire on October 31, 2015. Motion carried unanimously.

Ms. Naugle reported she met with Jim Sauers regarding the Rec Park Master Plan and noted he would prepare sketches to work with.

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

Moved Mr. Krummerich, seconded Mrs. Lewis to enact an ordinance updating and replacing the Borough's current earned income and net profits tax ordinance consistent with the requirements of Act 32 of 2008 to go into effect for fiscal year 2012 at the same tax rate as the current tax ordinance. A roll call vote was taken. YEA: Mr. Birkner, Ms. Estrada, Ms. Giles, Mr. Krummerich, ms. Lewis, Ms. Naugle, Mr. Streeter, Mr. Weaver and Mr. Butterfield. The motion passed 9-0.

Moved Mr. Krummerich, seconded Mr. Streeter to adopt a resolution to approve the schedule of costs to provide notices of delinquency or to collect delinquent taxes submitted by the designated Tax Officer, York Adams Tax Bureau, consistent with the provisions of the Borough of Gettysburg Earned Income and net Profits Tax Ordinance. Motion carried unanimously.

Moved Mr. Krummerich, seconded Ms. Estrada to authorize the solicitor to prepare and advertise for enactment an ordinance amending the Borough of Gettysburg Non-Uniformed Employees Pension Plan and Trust in order to comply with the applicable provisions of the federal Pension Protection Act of 2006 and of the federal heroes Earnings Assistance Relief Tax Act. Motion carried unanimously.

Moved Mr. Weaver, seconded Mrs. Lewis to fund Main Street Gettysburg in the amount of $50,000 for fiscal year 2012 to be taken from the Borough's Reserve Fund. A roll call vote was taken. YEA: Mr. Birkner, Ms. Giles, Ms. Lewis, Ms. Naugle, Mr. Weaver and Mr. Butterfield. NAY: Ms. Estrada, Mr. Krummerich and Mr. Streeter. The vote passed 6-3.

Ms. Estrada commented she regrets taking funds from the reserve account. Mr. Streeter pointed out numerous projects being done without Main Street, noting Elm Street has done extensive work with the Breckenridge Street project. They are both dissatisfied with what Main Street provides to the Borough. Mr. Streeter would consider raising Elm Street funding to $50,000 and lower Main Street to $30,000. Mr. Weaver agreed it's vital to have a reserve and said he doesn't feel Main Street and Elm Street should be compared. He pointed out the Steinwehr Avenue project was a success and would be in favor of continuing working with Main Street. Ms. Estrada pointed out the Borough recently hired strategic planners and should wait for a report to see what the Borough should have in reserves.

Mr. Krummerich suggested asking Main Street and Elm Street to designate projects instead of handing over funds to them. He read a prepared statement asking Council to reject the motion and protect the Borough's reserve fund. Mr. Krummerich feels by growing the reserve fund the Borough would possibly be able to lower taxes in a few years.

Moved Mr. Krummerich, seconded Ms. Lewis to fund Elm Street in the amount of $15,000 for fiscal year 2012 to be taken from the Borough's Reserve Fund. A roll call vote was taken. YEA: Mr. Birkner, Ms. Estrada, Ms. Giles, Mr. Krummerich, Ms. Lewis, Ms. Naugle, Mr. Streeter, Mr. Weaver and Mr. Butterfield. The voted passed 9-0.

Mr. Birkner suggested a stipulation in the Elm Street funding that would require using the money on particular projects. Ms. Estrada said she feels they would spend wisely and had faith in them to manage the funds properly. Ms. Giles agreed with Ms. Estrada that Elm Street would manage the funds wisely.

Moved Mr. Weaver, seconded Mr. Birkner that the Clerk 1 position #4 in the Administration/Finance/Public Officials section of the budget be deleted and be replaced with the sum of $20,000.00 to be available for emergency accounting services. A roll call vote was taken. YEA: Mr. Weaver. NAY: Mr. Birkner, Ms. Estrada, Ms. Giles, Mr. Krummerich, Ms. Lewis, Ms. Naugle, Mr. Streeter and Mr. Butterfield. The vote failed 1 NAY - 8 YEA.

Mr. Streeter said he supports the new position and that it's beneficial to have more help with financial work. Mr. Krummerich said he trusts the Manager and Finance Director with the request that they need another person in the finance department.

Moved Mr. Krummerich, seconded Ms. Giles to adopt a proposed 2012 Borough Budget in the amount of $4,364,315.00 and to instruct the Borough Secretary to cause notice to be published that the proposed budget is available for public inspection. Motion carried unanimously.

Moved Mr. Krummerich, seconded Mr. Streeter to authorize the solicitor to prepare and advertise for enactment an ordinance fixing the tax rate for fiscal year 2012 at 3.5203 mills and the Occupation Tax Rate at 30 mills. Motion carried unanimously.

Moved Mr. Krummerich, seconded Mr. Streeter to authorize COLA increase for retired police pensioner Frederick Gantz to be paid from the Police Pension fund effective September 1, 2011. Motion carried unanimously.

Moved Ms. Estrada, seconded Mr. Streeter to approve and authorize the issuance of a certificate of appropriateness for Item A 29 Mummasburg Street as set forth in the minutes of the October 19, 2011 meeting of HARB consistent with the findings and recommendations of HARB as set forth therein. Motion carried unanimously.

Moved Ms. Estrada, seconded Mr. Krummerich to set January 25, 2012 at 4:00 pm and authorize the advertisement of a public hearing before Borough Council relative to a zoning map amendment request by Loring and Jean Shultz and James O'Shea to rezone four (4) parcels from the current zoning in the HC Health Care Zoning District and proposed by request to be rezoned to be included in the Borough's RO Residential Office Zoning District. YEA: Mr. Birkner, Ms. Estrada, Ms. Giles, Mr. Krummerich, Ms. Lewis, Ms. Naugle, Mr. Streeter, Mr. Weaver and Mr. Butterfield. NAY: Ms. Giles. The vote passed 8 - 1.

Ms. Giles asked what the Planning Commission recommends. Mr. Dellett responded to proceed and look at the whole Health Care District. Ms. Naugle noted it makes the most sense to look at the whole Health Care District and not just one property. Solicitor Eastman pointed out a Public Hearing is required to hear from Loring Shultz and James O'Shea, the property owners requesting the review.

Moved Mr. Krummerich, seconded Ms. Lewis authorizing the Borough of Gettysburg to execute and deliver a Development Agreement and Stormwater Management Practices, Facilities and System Maintenance and Monitoring Agreement with Charles & Beverly Hockley/H&O Realty Partnership in connection with the Stormwater Management Plan for the H&O Realty Partnership Parking Lot. Motion carried unanimously.

Moved Mr. Krummerich, seconded Mr. Birkner to approve the financial security in connection with the Stormwater Management Plan for the H&O Realty Partnership Parking Lot in the amount of $26,606.25 consistent with the certification letter of C. S. Davidson Inc., dated November 10, 2011. Motion carried unanimously.

Manager Ford reported the Waste Management contract has been extended for 1 year expiring in 2013 with no added cost.

Mr. Butterfield asked the status of the police union contract. Manager Ford responded she hasn't heard from the arbitrator to date but would hope to hear something in the near future.

Moved Mr. Birkner, seconded Mr. Krummerich to accept the J. P. Harris tax exoneration report as presented. Motion carried unanimously.

With no further business to come before council moved Mr. Birkner, seconded Mr. Krummerich to adjourn the meeting at 9:20 pm.

Respectfully submitted,

Sara L. Stull

Borough Secretary