Borough Minutes

Borough Council Meeting Minutes

March 8, 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 Manager Peter Marshall, Borough Secretary Sara Stull, Solicitor Harold Eastman, Chief Joseph Dougherty, Finance Director Ramona Overton, Planner Merry Bush and

Others present included: Attorney Frank Leber and Attorney Jens Damgaard of Rhoads & Sinon, Bond Council; Gary Pulcini, VALCO Capital, Ltd.; Brad Hoch, Chairman Main Street Board; Deb Adamik, Executive Director Main Street; Emried Cole, Main Street; Tom Jolin, Healthy Adams Bicycle/Pedestrian Trail; Attorney John White, Solicitor Gettysburg Municipal Authority; Mel Crouse, Member Gettysburg Municipal Authority Board; Mark Guise, Gettysburg Municipal Authority Utilities Manager; Peter North, Gettysburg College; Gene Golden, Gettysburg Express Signs; Darlene Brown, PICPI-ACHA, Judie Butterfield, 999 Sunset Avenue, Kathy Gilbert, 39 South Street; Jim Cooke, 1040 Long Lane and Stan Clark, 915 Fairview Avenue.

Representing the press was Scot Pitzer of the Gettysburg Times

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 February 8, 2010 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.

With no changes to the agenda, it was accepted as published.

With no changes to the minutes, they were accepted as written.

Special Presentations:

Frank Leber and Gary Pulcini - General Obligation Bonds

Attorney Frank Leber gave a brief overview of the General Obligation Bond, Series 2010 in the amount of $3.5 million dollars. The new bond would undertake capital projects that consist of: acquisition and/or construction of certain capital additions, alterations, renovations and improvements to the Borough building; acquisition of equipment and revenue control software and acquisition and installation of lighting for the Borough's parking garage; improvements to the streets, roads, lanes and alleys, including sidewalk assessments and ramp replacements; and purchasing, acquiring, making and constructing other capital improvements and capital equipment for proper municipal purposes; and paying costs, fees and expenses.

Mr. Pulcini gave a brief summary on a proposal for a 12-year "wrap around bond" that would enable the borough to undertake additional infrastructure projects. He reviewed refunding the 2004 G.O. Sewer Bonds, present savings $7,193 and the 2004 G.O. Water Bonds, present savings $179,720. Mr. Pulcini pointed out we are in a stable market with historical lows which is beneficial to borrowers.

Mr. Butterfield asked if it's beneficial to sell a 12-year bond instead of a 30-year bond. Mr. Pulcini answered yes, the market likes a shorter-term debt, and the cost steepens after 10 years.

Mr. Butterfield noted the Gettysburg Municipal Authority has a better Moody's rating than the Borough. Mr. Pulcini answered it wouldn't affect this as it would go to Standard and Poors which looks at the area and town.

Mr. Birkner asked why the amount has changed to $3.5 million and questioned if the Borough has appropriate projects that a capital projects list had already been developed. Manager Marshall responded that there is no shortage of projects and that the list presented earlier didn't include everything. He also pointed out the $3 million was a figure looked at prior to reviewing the GMA needs.

Mr. Krummerich asked when a final decision must be made and a completed project list determined. Mr. Leber explained it's not critical for a list at this time but that Council must decide on how much to borrow by the end of March. The bond purchasing proposal will be presented in April, and a closing is scheduled in May.

Brad Hoch - Main Street

Mr. Hoch gave a presentation outlining Main Streets 10-year plan - Gettysburg 2020: An Interpretive Plan 2010 to 2020 to include: Steinwehr Avenue- current; Sesquicentennial- 5-year plan and Interpretive Plan II-10-year plan. Mr. Hoch noted the Sesquicentennial might be defined in various ways; July 1, 2, and 3, 2013: the year 2013: and the years 2011 to 2015. Main Street prefers to define the 150th commemoration as the years 2011 to 2015 in order to maximize the commemoration and its potential for economic stimulus. He pointed out the "Olympic Event" is June 28 through July 7, 2013. Ms Estrada asked if there are any figures attached to the Olympic dates. Mr. Hoch responded the Convention and Visitor Bureau expects over 4 million visitors over this time period.

Mr. Hoch expressed the need to form 150th Action Committees to include: Public Safety Committee-Borough; Marketing Committee-CVB; Product Development (Events and Venues) Committee - MSG, Borough, NPS, College; Infrastructures Committee - MSG, College, Borough, CVB (Information Technology Infrastructure); and Economic Sustainability Committee - ACEDC, Chamber, MSG, Borough, GARMA. Main Street requests a resolution by Council that creates an ad hoc committee to work with Main Street on the community's preparations for the 150th commemoration.

Mayor Troxell and Council thanked Mr. Hoch and Main Street for their presentation and their extensive work on the Sesquicentennial.

Tom Jolin - Gettysburg Inner Loop Bike Trail

Mr. Jolin gave a brief overview of the Gettysburg Inner Loop plan that is to create safe off and on-road bicycle routes in the Borough. The project is a partnership between the Borough, Healthy Adams Bicycle/Pedestrian Inc. (HABPI) and other community organizations. He handed out the feasibility study executive summary report for review.

Mr. Jolin pointed out new funding this year for a livability program. The fiscal year 2010 administration budget proposes an initial $527 million livability program administered by the Department of Transportation. Of the $527 million, $200 million would help communities plan transportation alternatives to integrate housing, shopping and other activities in more livable ways.

Mr. Jolin announced an open house on June 23rd at 10:00 am at HACC, the speaker is Mark Fenton and all are welcome to attend.

Mr. Birkner thanked Mr. Jolin for the extensive work he does on the bike project.

Citizens in attendance:

Gene Golden, Gettysburg Express Signs noted he moved his business from Buford Avenue to 35 York Street. Mr. Golden pointed out some of his concerns regarding the new proposed sign ordinance. He feels a better product could have been produced.

Stan Clark expressed his concern with the $3 million bond issue for Borough projects.

Mayor Troxell announced the Adams County Borough's Association meeting would be held on March 15th at 6:15 pm at the Pike Restaurant. Governor Rendell is the scheduled speaker. Anyone planning to attend should contact Sara.

Mr. Butterfield recommended updating the Comprehensive Plan noting the current plan is 14 years old and that the priorities listed in the plan have changed. Council agreed and approved Mr. Butterfield send a letter to the Planning Commission requesting their thoughts on updating the Plan.

Mr. Butterfield announced that due to an increase in the number of items for consideration by Council during the monthly meeting and since meetings are lasting longer, he will schedule a topical workshop in the near future to discuss the possibility of two business meetings a month and consider eliminating committee meetings and liaisons. Mr. Birkner asked if there would be any problems to make these changes. Solicitor Eastman responded no except to advertise the meeting schedule if any changes are made.

Ms. Giles reported the Safety Committee minutes are in council books for review.

Mr. Weaver asked the status of recruiting new police officers. He is concerned that the Borough doesn't need more officers at this time. Manager Marshall explained the Civil Service Commission is in the process of getting a list of eligible police officers to be used when we need to hire. He pointed out he would review police manning to determine what is needed.

Mr. Weaver asked for an explanation on the monthly police activity report, what is the breakdown of all other activities that is 70%. Chief Dougherty explained many items go into this category and could produce a more detailed list if needed. Mr. Butterfield suggested the Chief and Mr. Weaver get together to discuss this further.

Mr. Streeter reported Mr. Butterfield, Mr. Weaver and he met with Senator Alloway recently and they will meet with Representative Moul in the near future. He pointed out he and the Mayor were invited to a meeting at the Hotel to hear Governor Rendell speak. Ms. Estrada asked if the Representatives could offer help with grant funding for the updated Comprehensive Plan. Mr. Streeter said the Legislative Committee would be meeting with Congressman Platts on March 26th and he would inquire.

Mr. Birkner reported the Public Works Committee minutes are in Council books for review. He pointed out the Committee approved the composting project through the county noting the current site the Borough uses for leaves is no longer accepting them. The Adams County Community Re-entry Program is made up of former work-release inmates and it is a separate facility from the jail. The county is working on establishing a composting complex and needs to secure leaf donations.

Mrs. Naugle reported the Human Resources Committee reviewed the necessary changes needed for the employee handbook. Mr. Weaver said it would be helpful to summarize the changes from the old handbook to the new one.

Moved Mrs. Naugle, seconded Ms. Estrada to approve the changes to the employee handbook as presented. Motion carried unanimously.

Mrs. Naugle reported the Peer-to-Peer meeting and upcoming tour of the Recreation Building is moving along. She announced the pancake breakfast is scheduled for this Saturday, March 13th from 8 - 11 am at the Rec Park.

Mrs. Naugle reported the Borough Newsletter was completed and mailed, thanks to the Gettysburg Times for printing them. She noted the Housing Authority offered to send out the newsletters in it's mailing to their Borough properties. Mr. Birkner said he received a call from a constituent stating the Borough newsletter is very informative.

Mr. Krummerich reported Sister City, Leon requests signs at the entrances coming into town.

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

Mr. Weaver asked what the Dino's Pizza bill is for. Manager Marshall responded his weekly staff meeting occurs over the lunch hour.

Moved Mr. Krummerich, seconded Mrs. Naugle to approve a letter of support for the Adams County Arts Council requesting federal funds in the amount of $1.8 million dollars to be used for the 150th Anniversary commemoration. Motion carried unanimously.

Moved Mr. Krummerich, seconded Mr. Streeter to adopt a resolution establishing parade fees for the issuance of permits set at $1,000. Motion carried unanimously.

Mrs. Lewis reported the Shade Tree Commission denied two permits requesting tree removal. The owners requested the trees removed due to impacts to the sidewalk but the Shade Tree Commission felt root pruning might be required to repair the sidewalk.

Mr. Weaver reported Mr. Bill Laferty of College Security gave a presentation at the College-Community Committee meeting regarding the Campus Emergency Operations Plan and Procedures.

Moved Mr. Streeter, seconded Ms. Giles to enact an ordinance repealing the Sign Ordinance of 1999 and enacting the Gettysburg Borough Sign Ordinance of 2010. Motion carried unanimously.

Moved Mr. Krummerich, seconded Mr. Birkner to adopt a resolution establishing the fees for the issuance of permits under the Sign Ordinance of 2010 and setting the minimum liability insurance coverage for the installers of signs within the public right-of-way under the Sign Ordinance. Motion carried unanimously.

Moved Mrs. Naugle, seconded Mr. Streeter to enact an ordinance establishing the Code Enforcement Appeals Board and dissolving the Regulated Rental Unit Appeals Board, the Property Maintenance Appeals Board and the Board of Code Enforcement Appeals. Motion carried unanimously.

Moved Mrs. Naugle, seconded Mr. Weaver to adopt a resolution appointing Paul M. Kendlehart, Stephen Snyder, Marion Ruff, Kenneth C. Kime, Jr., and Barry Bernas as members of the Code Enforcement Appeals Board and appointing Garrett V. Biser as an alternate member of the Board Motion carried unanimously.

Moved Mr. Krummerich, seconded Mr. Streeter to adopt a resolution setting fees of $500.00 with respect to hearings conducted before the Code Enforcement Appeals Board. YEA: Ms. Giles, Mr. Krummerich, Mr. Streeter, Mr. Weaver and Mr. Butterfield. NAY: Mr. Birkner, Ms. Estrada, Mrs. Lewis, and Mrs. Naugle. The vote passed 5 - 4.

Mrs. Naugle expressed concern that the fee is too high and that citizens will be discouraged from appealing. Citizens have the right to be heard and there should be an informal process. Mr. Krummerich asked if the Boards met in the past. Ms. Giles asked how the $500 fee was determined. Manager Marshall responded the fee is the same as the Zoning Hearing Board. The Boards have never met in the past. He pointed out that citizens can speak to the Manager or Code Enforcement Officer to have their issues corrected and may not need to go before the Board. Solicitor Eastman noted the citizens have the right to an appeal and a solicitor would be required if it should go to court.

Moved Mr. Krummerich, seconded Mr. Birkner to adopt a resolution eliminating fees for the issuance of all permits under the Discharge of Firearms Ordinance. Motion carried unanimously.

Moved Mr. Birkner, seconded Ms. Giles to authorize the solicitor to prepare and advertise for enactment an ordinance authorizing the Borough of Gettysburg to administer and enforce the Pennsylvania Construction Code Act and the regulations promulgated thereunder and repealing in part Ordinance 1332-07 enacted February 12, 2007 which previously ceased all administration and enforcement of the Pennsylvania Construction Code Act by the Borough of Gettysburg. Motion carried unanimously.

Manager Marshall noted it might be possible to take over prior to the 180 days required by L&I. An agreement would need to be approved by the Borough and Commonwealth Code at the April Council meeting.

Moved Mr. Birkner, seconded Ms. Giles to authorize the Solicitor and Manager to prepare an agreement with Commonwealth Code Inspection Services, Inc. to provide inspection and plan review services required under the Uniform Construction Code. Motion carried unanimously.

Moved Mr. Krummerich, seconded Mr. Streeter to authorize COLA increase for retired police pensioner Cytha Grissom to be paid from the Police Pension fund effective February 1, 2010. Motion carried unanimously.

Moved Mr. Krummerich, seconded Ms. Estrada to adopt resolution of intent to issue bonds to finance a capital project and to allocate a portion of the proceeds thereof to the payment of certain expenditures to be made toward such a project prior to the issuance of such bonds. Motion carried unanimously.

Moved Ms. Estrada, seconded Ms. Giles to adopt a resolution endorsing the Journey Through Hallowed Ground Partnership Living Legacy Program to commemorate the Sesquicentennial of the Civil War. Motion carried unanimously.

Moved Ms. Giles seconded Mr. Streeter to adopt a resolution authorizing the Borough to express support for and to pursue the procurement of federal transportation funding to be used in the execution and completion of transportation improvements at the southern and western entrances of the Borough of Gettysburg in preparation for the commemoration of the 150th anniversary of the Battle of Gettysburg. Motion carried unanimously.

Moved Mr. Streeter, seconded Ms. Giles to accept the J. P. Harris tax exoneration report for tax years 2006 and 2007 as presented. Motion carried unanimously.

Moved Mrs. Naugle, seconded Mr. Streeter to approve issuance of certificates of appropriateness for items A. (29 North Washington Street). B. (112 York Street). D. (140 Carlisle Street). and E. (100 Buford Avenue, vinyl siding) of new business and items A. (17 Lincoln Square) and B. (23-25 York Street, new doors) of old business as set forth in the minutes of the February 17, 2010 meeting of the Historical Architectural Review Board for the Borough of Gettysburg consistent with the recommendations of HARB. Motion carried unanimously.

Moved Mrs. Lewis, seconded Mr. Streeter authorizing entry into a Standard Best Management Practices Maintenance and Monitoring Agreement with Adams County Habitat for Humanity for storm water management facilities and practices for land development on North Fifth Street as recommended by the Gettysburg Borough Planning Commission. Motion carried unanimously.

With no further business to come before Council moved Mr. Streeter, seconded Mr. Weaver to adjourn the meeting at 10:30 pm.

Respectfully submitted,

Sara L. Stull

Borough Secretary