Borough Minutes

Borough Council Meeting Minutes

February 8, 2010

President John Butterfield called the meeting to order at 7:00 PM with the following Councilors present: Ms. Holliday Giles, Mr. Michael Birkner, Mrs. Susan Naugle, Mr. Robert Krummerich, Ms. Alice Estrada, Mrs. Claire Lewis, Mr. Graham Weaver and Mayor William Troxell. Mr. Theodore Streeter was absent. Staff present included Manager Peter Marshall, Borough Secretary Sara Stull, Solicitor Harold Eastman, Chief Joseph Dougherty, Finance Director Ramona Overton and Planner Merry Bush.

Others present included: Deb Adamik, Main Street Executive Director; Brad Hoch, Chairman, Main Street Board; Gene Golden, BoroVent, Darlene Brown, PICPI-ACHA; Judie Butterfield, 999 Sunset Avenue; Stan Clark, 915 Fairview Avenue; Caroline Smith, 142 Lincoln Avenue: Ron Annett, Allied Veterans Council; William Smith, VFW; Ken Wolford, AMVETS; Richard Snider, American Legion Post 262; Richard Kelley, American Legion Post 202; Charles Caldwell, Marine Corps League; Lester Prosser, Sr., American Legion Post 321; Ken Baltzley, Adams County Allied Vets; Clyde Funt, Adams County Allied Vets; William Lamer, VFW 6954; Robert Hood, American Legion Post 202; Glenn Kuykendall, 40/8; Darrel Bowersox, 40/8; Robert Mallette ,40/8; Barry Fair, 40/8; James Fleming, 40/8; Bill Hemler, 40/8; Tim Smeltzer, VFW and Valerie King.

Representing the press were Scot Pitzer of the Gettysburg Times and Erin James representing the Evening Sun.

Mr. Butterfield announced an executive session of the Gettysburg Borough Council was conducted immediately prior to the adjournment of the Borough Council meeting held on January 11, 2010 consistent with 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. He announced that the Borough Council will conduct an executive session immediately following the adjournment of this meeting consistent with the same sections of the Sunshine Act and for the same proposes as the January 11, 2010 executive session of the Borough Council.

Mr. Butterfield announced 2 amendments to the agenda and there being no objections, the agenda was approved.

There being no objections to the Council minutes of January 11, 2010 the minutes were approved as published.

Mr. Butterfield asked Manager Marshall to commend the highway crew for a job well done throughout the snowstorm clean up process.

Citizens in attendance:

Brad Hoch, Chairman, Main Street Board Chairman addressed council and gave a brief presentation regarding the Preserve America grant. Mr. Hoch asked Council to partner with Main Street noting they have secured the match for this grant. The grant application is due February 12th and Mr. Hoch asked Council for a letter of support and a resolution to be included with the application.

Ms. Estrada complimented Main Street on the technology but expressed concern with the 150th sesquicentennial celebration and asked if there is anyone working on this event. She pointed out the infrastructure should be taken in to consideration. Mr. Hoch said Main Street doesn't have the finances or the staffing but should be a major player in this upcoming event. Mr. Birkner said the College is interested as well as townspeople and that Council should discuss this in more detail.

Bill Smith with the Allied Veterans Group asked if the firearms fee has been rescinded.

Moved Mr. Krummerich, seconded Mr. Weaver to approve eliminating the $20 firearms permit fee for Veterans groups. Motion carried unanimously.

Bob DeFayette commended the highway department for a tremendous job with snow removal during the recent snowstorms. He also asked why St. Francis Xavier School doesn't have a school zone in front of the school on High Street. This was referred to Manager Marshall for further review.

Gene Golden reported he had met with Solicitor Eastman and Manager Marshall to discuss the sign ordinance. The meetings were productive but he would like to meet again if possible. Mr. Golden asked Mrs. Naugle to go throughout town to check all signs for correctness offering his assistance with a Borough sign inventory.

Stan Clark also commended the highway department for a fine job with snow removal throughout town. Mr. Clark read a prepared statement expressing his concerns in regard to the approval by the Planning Commission of the Orchard Development Plan for Carlisle Street and how it was approved since the parking requirement had not been met. He went on to say the Borough planning personnel gave erroneous information to the Planning Commission and would like Council to review this matter.

Solicitor Eastman explained that Council has no power to do anything with the Planning Commission but that the plans will be presented to the Zoning Hearing Board to meet the parking requirement issue.

Valerie King addressed Council with her plans to open a new business at 37 N. Fifth Street (Elks Building). She said a resolution would need to be signed by Council for the Sports Bar she plans to open before proceeding with the Liquor Control Board application process.

Solicitor Eastman explained Borough Council would be required to conduct a public hearing for public comment. He would not recommend holding a public hearing without Ms. King having ownership of the building. Solicitor Eastman noted Council would not be able to take action on this request tonight without properly advertising which could take approximately 30 days.

Mr. Butterfield agreed Council should see the location of Ms. King's business before holding a hearing. Mr. Birkner also said he would not vote on this issue until a location is determined.

Mayor Troxell reported he met with Chief Dougherty and requested approval for the purchase of a new 4-wheel drive vehicle for the police department. The current 4-wheel drive is a 1995 and is no longer dependable. Mayor Troxell recommended using funds the police department recently acquired.

Mr. Weaver said he doesn't see the justification of circumventing the process of going through the Finance Committee. He asked Mr. Krummerich to hold a special Finance Committee meeting. Mr. Krummerich noted the Chief had requested a new vehicle two years ago and it was denied.

Moved Ms. Estrada, seconded Mr. Krummerich to authorize and instruct the Manager to proceed with the purchase of a new 4-wheel drive vehicle for the police department using the police funds. YEA: Mr. Krummerich, Ms. Giles, Ms. Estrada, Mrs. Naugle, Mr. Birkner, Mrs. Lewis and Mr. Butterfield. NAY: Mr. Weaver. Motion passed 7-1.

Mr. Birkner noted he agrees that council should follow the committee structure but voted for the vehicle because the police department needs it.

Mrs. Naugle reported she and Ms. Estrada attended the recent ACTPO meeting and recommends Council send a letter to ACTPO regarding the heavy truck traffic.

Moved Ms. Giles, seconded Mr. Weaver to authorize the solicitor to prepare an ordinance amending Chapter 4, Part 1 of the Code of Ordinances for the purpose of requiring the placement of street building numbers visible from the rear view of a building which can be accessed from the back of the building be a public street or alley. Motion carried unanimously.

Ms. Estrada expressed concern with the Wayfinding Signs, noting Borough Council approved the ordinance last year but not the sign specifications. She wants to make sure the proper content is on these signs, for example the parking garage wasn't properly signed. Manager Marshall said he met with the National Park Service and noted they are on a time frame so this must be discussed soon. Mr. Butterfield suggested Ms. Estrada meet with the Manager to discuss this issue further.

Mrs. Naugle reported the Human Resource Committee is discussing the committee and liaison structure and will send the information by email to council members for review.

Mrs. Naugle reported the Peer-to-Peer Study is moving forward with the next meeting scheduled for March 3rd. She noted Solicitor Eastman has reviewed the Intergovernmental Agreement of Cooperation.

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

Moved Mr. Krummerich, seconded Ms. Estrada to authorize entry into a memorandum of agreement with the Pennsylvania Abraham Lincoln Bicentennial Commission for use of the Historic Gettysburg Railroad Station through calendar year 2010 in support of PA ALBC activities for a total rental amount of $10,000. Motion carried unanimously.

Mr. Birkner summarized the Train Station rental agreement noting the PA ALBC continues to give tours of the Train Station. He noted donations collected will continue to be sent to the Borough. Mr. Birkner pointed out the Borough can cancel the agreement at anytime if the National Park Service purchase is finalized.

Moved Mr. Krummerich, seconded Ms. Estrada to authorize opening the parking garage during times of emergency. Motion carried unanimously.

Ms. Estrada asked that Council keep informed of the 150 sesquicentennial anniversary. Mrs. Naugle suggests Council hold a workshop to discuss the Borough's needs for this upcoming event.

Moved Mrs. Naugle, seconded Ms. Estrada to table enactment of the Gettysburg Borough Sign Ordinance of 2010 until the March 8, 2010 Borough Council meeting and to authorize the solicitor to advertise the revised Sign Ordinance for enactment at the March Borough Council meeting. Motion carried unanimously.

Moved Mr. Krummerich, seconded Ms. Giles to approve a resolution to excuse the police from making contributions to the Police Pension Fund for the year 2010. Motion carried unanimously.

Moved Mr. Krummerich, seconded Ms. Giles to approve letter of support for Main Street Gettysburg to submit a Preserve America grant. Motion carried unanimously.

Moved Mr. Krummerich, seconded Ms. Estrada to approve the declaration of disaster emergency Resolution. Motion carried unanimously.

Moved Ms. Estrada, seconded Mrs. Naugle to accept the J. P. Harris tax exoneration report for tax year 2008. Motion carried unanimously.

Moved Mrs. Naugle, seconded Ms. Giles to approve issuance of certificates of appropriateness for items A., B., C. (demolition of garage at 106-108 Carlisle Street only), D., E., F., and H. as set forth in the minutes of the January 20, 2010 meeting of the Historical Architectural Review Board for the Borough of Gettysburg consistent with the recommendations of HARB. Motion carried unanimously.

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

With no further business to come before Council, moved Ms. Giles, seconded Mr. Krummerich to adjourn the meeting at 8:45 pm.

Respectfully submitted,

Sara L. Stull
Borough Secretary