Borough Minutes

Borough Council Meeting Minutes

January 11, 2010

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 Interim Manager Peter Marshall, Borough Secretary Sara Stull, Solicitor Harold Eastman, Chief Joseph Dougherty, Finance Director Ramona Overton and Planner Merry Bush.

Others present included Gene Golden, Gettysburg Signs Express/Borough Vent; Darlene Brown, PICPI-ACHA; Judie Butterfield, 999 Sunset Avenue; Kathy Gilbert, 39 South Street; Robert DeFayette, 100 King Street; Dominic Picarelli; 106 North Howard Avenue.

Representing the press was Scot Pitzer of the Gettysburg Times.

Mr. Butterfield announced an executive session of the Gettysburg Borough Council was conducted on January 4, 2010 immediately following the conclusion of it's organization meeting consistent with Section 708(a)(1) of the Sunshine Act for the purpose of discussing matters involving the employment of Borough employees. The Borough Council will conduct an executive session immediately prior to the adjournment of this meeting consistent with Sections 708(a)(1), 708(a)(4) and 708(a)(5) of the Sunshine Act for the purposes of discussing matters involving the employment of Borough employees and to consult with its solicitor and administrative staff in connection with matters related to the investigation of possible violations of law and any identifiable complaints which might be filed due to such investigations.

There were no changes to the agenda and it was accepted as published.

After Ms. Naugle clarified her comments regarding the issuance of the capital improvement bond, the December 14, 2009 minutes were accepted as amended. With no changes, the January 4, 2010 minutes were accepted as published.

There were no comments from citizens in attendance.

Mayor Troxell announced the Adams County Borough's Association meeting is scheduled for Monday, January 18th at 6:15 PM at The Pike Restaurant. The guest speaker will be Governor Ed Rendell. Anyone interested in attending should contact Sara Stull.

Mr. Butterfield commended the police department for their service during the New Years Eve celebration and asked Chief Dougherty to relay a thank you to them. He also asked Manager Peter Marshall to thank the highway department for the prompt cleanup after the New Years Eve celebration.

Mr. Butterfield reported he has been contacted by Senator Casey's office regarding the legislation to extend the GNMP boundary to include the train station.

Ms. Giles reported the Retail Merchants Association was pleased with the holiday shopping season.

Moved Mrs. Naugle, seconded Mr. Streeter to authorize the solicitor to prepare and advertise for enactment an ordinance establishing an appeals board to determine appeals and other issues related to the interpretation and enforcement of the Borough's Property Maintenance Code and its Regulated Rental Unit Occupancy Ordinance. Motion carried unanimously.

Moved Mrs. Naugle, seconded Mr. Weaver to adopt a resolution appointing Mark Weaver to the Zoning Hearing Board of the Borough of Gettysburg to fill the vacancy created by the resignation of Graham B. Weaver from the Zoning Hearing Board and to complete the term of Graham B. Weaver on the Zoning Hearing Board, which expires on December 31, 2011. Motion carried unanimously.

Moved Mrs. Naugle seconded Mr. Streeter to appoint Dominic Picarelli to the Gettysburg Borough Planning Commission to fill the vacancy created by the resignation of Mark Weaver from the Planning Commission and to complete the term of Mr. Weaver on the Planning Commission which expires on December 31, 2010. Motion carried unanimously.

Mrs. Naugle announced a vacancy remains on HARB if anyone has a recommendation to contact her.

Moved Mrs. Naugle, seconded Mr. Streeter to authorize entry into Agreement for Independent Contractor Services with John D. Lawver, Jr. for consulting services at the rate of $75.00 per hour. Motion carried unanimously.

Mr. Birkner asked who would make decisions with respect to John Lawver's employment, council or the manager. Mrs. Naugle answered the manager and it would be on an "as needed" basis.

Mrs. Naugle announced she would contact fellow councilors to get their input regarding the current committees and liaison assignments. Mr. Butterfield tasked her with conducting a study to see if committees and liaison positions are relevant to council or could be combined or eliminated.

Mrs. Naugle reported the next Peer-to-Peer meeting is scheduled for February 24th and noted letters were sent to municipalities for their input.

Mr. Krummerich announced the Project Gettysburg/Leon Auction is scheduled for January 30th at the college.

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

Moved Mr. Krummerich, seconded Mr. Streeter to authorize COLA increase for retired police pensioner Dennis Wright to be paid from the Police Pension fund effective December 1, 2009. Motion carried unanimously

Ms. Estrada pointed out the response letter from Attorney Neva Stanger regarding ADA issues, which is included in council books. She also noted she has been in contact with Walter Callas who is working with the National Trust. Mr. Birkner asked what the National Trust could do for the borough. Ms. Estrada responded they are perplexed but they were able to chase Disney out of Virginia.

Moved Mrs. Lewis, seconded Mr. Birkner to deny the issuance of a Certificate of Appropriateness for item A and to approve the issuance of a Certificate of Appropriateness for item B, as set forth in the minutes of the December 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 overview regarding the sign ordinance and due to some substantive changes it would be necessary to table enactment of the ordinance. He noted the borough has received comments from sign makers that should be considered.

Moved Mr. Streeter, seconded Mrs. Naugle to table enactment of the Gettysburg Borough Sign Ordinance of 2010 until the February 8, 2010 Borough Council meeting to enable the solicitor to advertise the ordinance in order to reflect amendments made to the ordinance subsequent to December 14, 2009 when the Borough Council initially authorized the advertisement. Motion carried unanimously.

Mrs. Naugle suggested council devise a plan to produce a sign inventory. Ms. Estrada asked if Dale Gettel could be tasked to devise a list. Mrs. Naugle responded after the initial information is gathered Dale could keep it up to date. She recommended the possibility of college students gathering the initial information to formulate an inventory.

Moved Mr. Krummerich, seconded Ms. Estrada to authorize the presentation of a draft to Adams County National Bank to be drawn under Letter of Credit No. 604-185 issued pursuant to agreement with Adams County Habitat for Humanity, Inc. in the amount of $49,065.50 for the purpose of extending the Letter of Credit for an additional term of one (1) year in favor of the Borough of Gettysburg as financial security for the completion of improvements in connection with the development of certain real property on North Fifth Street in the Borough of Gettysburg by Adams County Habitat for Humanity, Inc. Motion carried unanimously.

Moved Mr. Krummerich, seconded Ms. Giles to authorize the substitution of the form of financial security for the completion of improvements in connection with the development of certain real property on North Fifth Street in the Borough of Gettysburg by Adams County Habitat for Humanity, Inc. by replacing the Irrevocable Letter of Credit No. 604-185 issued by Adams County National Bank on February 10, 2009 which expires February 10, 2010 with financial security to be held by the Borough of Gettysburg in the form of an escrow account which shall be funded by a cashier's check issued by a Federal or Commonwealth chartered bank or lending institution and made payable to the Borough of Gettysburg in the amount of $49,065.50 to be delivered to the Borough on or before February 5, 2010. If the aforesaid cashier's check is delivered to the Borough on or before February 5, 2010, the 'Borough shall not draw upon the aforesaid Letter of Credit and shall allow the same to expire on February 10, 2010 upon establishment of the escrow account in the amount of $49,065.50 as the substituted financial security. Motion carried unanimously.

Moved Mr. Krummerich, seconded Mr. Streeter to authorize release of the financial security for the completion of improvements in connection with the Gettysburg College land development project for the expansion of its athletic center in the amount of $95,793.28 consistent with the certifications of C. D. Davidson, Inc., Borough Engineers conditioned upon the installation of and approval by the Borough of 24 inch stop bars and upon the submission of an "as built" site plan for the purpose of confirming completion of all improvement to include landscaping consistent with Borough specifications. Motion carried unanimously.

Solicitor Eastman gave a brief overview regarding the Uniform Construction Code (UCC). As instructed by council at their organization meeting on January 4th he submitted notification to the Department of Labor and Industry canceling them. Solicitor Eastman received a response from L & I that they received the borough's notification. He noted the process takes 180 days which would be July 12, 2010. At that time the borough will need a resolution designating Commonwealth Code Inspection Service.

Ms. Giles asked if this could take place before the 180 days. Solicitor Eastman responded the Department of Labor and Industry requires 180 days and that they didn't note an earlier date.

Mr. Weaver asked the status of the Noise Ordinance. Solicitor Eastman responded it is on the list but other items came up with greater priority. Ms. Estrada suggests council prepare a prioritized list for Solicitor Eastman. Council agrees this would be beneficial.

At this time recess was called so that council could begin executive session.

With council reconvening after the executive session, moved Mrs. Naugle seconded Ms. Estrada to terminate the employment of the probationary employee as discussed in the executive session held by Borough Council this evening, January 11, 2010, in accordance with the recommendation of the Chief of Police.

With no further business to come before council moved Ms. Giles, seconded Mr. Krummerich to adjourn the meeting at 9:00 pm.

Respectfully submitted,

Sara L. Stull Borough Secretary