Borough Minutes
Borough Council Meeting Minutes
April 12, 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 and Planner Merry Bush.
Others present included: Frank J. Leber, Esq. and Jens H. Damgaard, Esq., Bond Council, Rhoads & Sinon; Gary A. Pulcini, VALCO Capital, Ltd.; Germano Gomez and Robert DeSantis, Orchard Development; Chief Allen Baldwin and Wesley Heyser, Gettysburg Fire Department; Greg Bowles, Mercedes Alvarez, Pat and David Crowner representing Project Gettysburg Leon; Peggy Miller, HRG; Ken Rohrbaugh, Gettysburg Tours President; Darlene Brown, PICPI-ACHA, Judie Butterfield, 999 Sunset Avenue, Ted McPherson, 250 Carlisle Street; Kathy Gilbert, 39 South Street, Stan Clark, 915 Fairview Avenue; and Mark Berg, property owner of 211, 213, 215 Chambersburg Street and 160 N Stratton Street.
Representing the press were Scot Pitzer of the Gettysburg Times, Darryl Wheeler, Photographer Gettysburg Times, and Tim Prudente representing the Evening Sun
Mr. Butterfield announced an executive session of the Gettysburg Borough
Council was conducted on March 30, 2010 commencing at 5:00 p.m. consistent with Section 708(a)(4), of the Sunshine Act for the purpose of consulting with its solicitor in connection with a matter on which identifiable complaints are expected to be filed. The Borough Council will conduct an executive session immediately prior to the adjournment of this meeting consistent with Sections 708(a)(1) and 708(a)(4) of the Sunshine Act.
With no changes to the agenda, it was accepted as published.
With no changes to the March 8th minutes, they were accepted as written.
Special Presentation -
Frank J. Leber, Esq. and Jens H. Damgaard, Esq., Bond Council, Rhoads & Sinon gave a brief summary regarding the redemption of 2004 General Obligation Bonds and issuance of 2010 General Obligation Bonds in the amount of $10,045,000.00. Gary A. Pulcini, VALCO Capital, Ltd. gave a brief report on the bidding process of the bonds noting they had six groups placing more than 50 bids on the bond. He said the interest rates are at an all- time low and are locked in for the duration of the bond. Mr. Pulcini pointed out the Standard and Poor's rating for Gettysburg Borough is an A +.
Moved Ms. Estrada, seconded Ms. Giles to enact Ordinance No. 1374-10 in the form presented to this meeting, authorizing the incurrence of general obligation debt of this Borough to be evidenced by its General Obligation Bonds, Series of 2010, in the maximum principal amount of $10,045,000.00 to provide funds for and toward the refunding of this Borough's General Obligation Bonds, Series of 2004 and the funding of certain capital projects of this Borough, all as more particularly described therein, and the payment of related costs, fees and expenses. Roll call vote - motion passed unanimously.
Moved Mr. Streeter, seconded Mr. Krummerich to adopt the Reimbursement
Resolution in the form presented to this meeting. Motion carried unanimously.
Ken Rohrbaugh, Gettysburg Tours President presented Mayor Troxell with a check for $1,000.00 to underwrite the Memorial Day parade. On behalf of the Council, Mr. Butterfield thanked Mr. Rohrbaugh.
Greg Bowles, Project Gettysburg- Leon, Nicaragua thanked Council for their continued support of the sister city relationship that began in 1990.
Citizens in attendance:
Mark Berg expressed his concern regarding the REDDI Project and the "rumors" about them filing for bankruptcy. He asked Council for an explanation. Solicitor Eastman responded the Borough doesn't have any control over the Gettysburg Economic Development Corporation. He noted litigation has ensued by one of the property owners and pointed out since this is in litigation Council cannot make any comments.
Mr. Birkner thanked Mr. Berg for his comments noting certain things cannot be commented on but maybe the news media will look into the matter.
Mayor Troxell recommended hiring the two police officers that passed the Civil Service test to fill the vacancies. Mr. Butterfield said this would be discussed during the executive session.
Moved Mr. Weaver, seconded Mr. Birkner to approve the resolution in support of the Adams County Historical Society to include with the Humanities Challenge Grant application for the restoration of Schmucker Hall. Motion carried unanimously.
Mr. Butterfield asked Manager Marshall to review the letter from David Reighard regarding the weight of fire extinguishers which are required in the Borough ordinance for regulated rental units. Mr. Reighard asked if the 10lb extinguisher could be reduced.
Mr. Streeter reported he met with Congressman Platts and asked for any assistance with the upcoming sesquicentennial. He will plan a meeting in Washington with Sen. Specter or Casey in the near future for further discussion.
Mr. Weaver asked why his quarterly water bill from the Gettysburg Municipal Authority went up from $55 to $91. Ms. Overton reported GMA increased the water and sewer rates and would get that information to him.
Ms. Estrada asked the status of the Lincoln Statute. Mr. Birkner responded he and the Mayor have been working with several entities that have expressed interest. The donor plans to visit Gettysburg in the near future to look at the proposed sites.
Mrs. Naugle reported she is currently working on the next Borough newsletter due to go out May 6th. She noted it will go from 6 pages to 8 pages and that the Gettysburg Times will again print it.
Mrs. Naugle reported the Healthy Adams County Physical Fitness Task Force will hold a Health Summit on June 23rd.
Mr. Krummerich reported the total cost for snow removal was $43,263.37, which included labor, equipment and fuel.
Moved Mr. Krummerich, seconded Mr. Streeter to pay all bills and payrolls for the month as presented. Motion carried unanimously.
Moved Mr. Krummerich, seconded Mr. Streeter to approve a resolution adopting the use of an asset smoothing method to determine the actuarial value assets for the Police Pension and Non-Uniformed Pension Plans. Motion carried unanimously.
Moved Mr. Krummerich, seconded Mr. Streeter to approve Designation of Agent Resolution (PEMA-DDAP-2) for the purpose of obtaining financial assistance from the snow storm. Motion carried unanimously.
Moved Ms. Estrada, seconded Mr. Streeter authorizing the Borough of Gettysburg to enter an Agreement for the Administration of the Community Development Block Grant Program with the County of Adams. Motion carried unanimously.
Moved Ms. Estrada, seconded Ms. Giles to adopt a resolution supporting the Adams County Arts Council in obtaining funds from the Department of Community and Economic Development in the amount of $520,000. Motion carried unanimously.
Moved Ms. Estrada, seconded Mrs. Naugle to a approve resolution supporting a grant application to the Pennsylvania Department of Conservation and Natural Resources (DCNR) to develop a master plan for the Gettysburg Area Recreation Park. Motion carried unanimously.
Mr. Weaver reported Main Street Gettysburg Executive Director, Deb Adamik's position has been elevated to President and CEO.
Moved Mr. Birkner, seconded Mr. Streeter to enact an ordinance of the Borough of Gettysburg electing 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. Motion carried unanimously.
Moved Mr. Birkner, seconded Mr. Streeter to adopt a resolution implementing fees for the administration of the Uniform Construction Code. Motion carried unanimously.
Moved Mr. Birkner, seconded Mrs. Naugle to adopt a resolution appointing Robert Clem Malot of Commonwealth Code Inspection Services, Inc. to serve as the Building Code Official of the Borough of Gettysburg. Motion carried unanimously.
Moved Mr. Birkner, seconded Mr. Streeter authorizing the President of Council and the Borough Secretary to execute an agreement with Commonwealth Code Inspection Services, Inc. for performance of administration and enforcement services under the Uniform Construction Code. Motion carried unanimously.
Moved Mr. Krummerich, seconded Ms. Giles to authorize a COLA increase for retired police pensioner Charles Fritz to be paid from the Police Pension fund effective March 1, 2010. Motion carried unanimously.
Moved Ms. Giles, seconded Mr. Birkner to authorize the solicitor to prepare and advertise for enactment an ordinance amending Chapter 4, Part 1 and Chapter 5, Part 4 of the Code of Ordinances of the Borough of Gettysburg relative to building number requirements. Motion carried unanimously.
Moved Mr. Birkner, seconded Mr. Streeter to authorize the solicitor to prepare and advertise for enactment an ordinance repealing Chapter 5, Parts 1, 2, 3 and 5 of the Code of Ordinances of the Borough of Gettysburg for the purpose of repealing the Building Code, the Electrical Code, the Fire Prevention Code and the Plumbing Code which have been each been superseded by the Uniform Construction Code. Motion carried unanimously.
Moved Mr. Birkner, seconded Mr. Krummerich to authorize the solicitor to prepare and advertise for enactment an ordinance amending Chapter 15, Parts, 3, 4, 5 and 10 of the Code of Ordinances of the Borough of Gettysburg regulating parking. Motion carried unanimously.
Moved Mrs. Naugle, seconded Mr. Weaver to authorize the solicitor to prepare and advertise an ordinance authorizing the Borough of Gettysburg to enter an intergovernmental agreement of cooperation establishing the Gettysburg Area Recreation Commission. Motion carried unanimously.
Mr. Birkner commented on the agreement stating it is very specific and will be great for the Borough while offering healthy recreation to the community.
Moved Mr. Birkner, seconded Ms. Giles to adopt resolution establishing that Peter Marshall has the authority to sign on behalf of the Borough of Gettysburg the reimbursement & maintenance agreement between the Commonwealth of Pennsylvania, acting through the Pennsylvania Department of Transportation and the Borough of Gettysburg to reimburse the Commonwealth for improvement to the curb and sidewalk as indicated in Agreement No. 089214. Motion carried unanimously.
Manager Marshall reported he is preparing a new format for the agenda and will forward to Council for review.
Mr. Butterfield reported Council will begin in May conducting two meetings to occur on the second and fourth Monday of each month and eliminating the Committee meetings. The Legislative and College Community will continue to meet on an as needed basis. This will be a six month trial basis to see how it works.
Moved Ms. Giles, seconded Mr. Streeter that Council establish a schedule of 2 business meetings per month to be held at 7:00 PM on the 2nd and 4th Mondays at 59 East High Street beginning in May 2010 and that the Borough Secretary be authorized to prepare and publicly advertise notification of such a schedule. Motion carried unanimously.
Mr. Weaver asked the status of the $216,000 that was given to the police department from a police incident. Manager Marshall responded they have three years to spend these funds and the only item purchased to date was a new police vehicle.
Moved Mr. Streeter, seconded Mrs. Naugle to accept the J. P. Harris Tax Exoneration report for tax years 2006, 2007, 2008 and 2009. Motion carried unanimously.
Moved Mrs. Naugle, seconded Mr. Streeter to approve issuance of certificates of appropriateness for items A (116-118 Carlisle Street) of old business and items A (19 Lincoln Square) and B (38 West Middle Street) of new business as set forth in the minutes of the March 17, 2010 meeting of the Historical Architectural Review Board for the Borough of Gettysburg consistent with the recommendations of HARB. Motion carried unanimously.
Moved Mr. Krummerich, seconded Mr. Streeter to approve and authorize the Borough of Gettysburg to enter an Agreement and an Escrow Agreement with ODC-Carlisle Street, LLC relative to off-street parking in the Gettysburg Borough Parking Garage and to secure payment to the Borough of Gettysburg for such off-street parking conditioned upon the expiration of the appeal period without an appeal being filed on the decision of the Gettysburg Borough Zoning Hearing Board dated March 24, 2010. Motion carried unanimously.
Moved Mr. Krummerich, seconded Mr. Streeter to provide contingent approval of the financial security for the completion of improvements in connection with the apartment building land development project at 140 Carlisle Street of ODC-Carlisle Street, LLC in the amount of $143,090.75 in a form authorized by Section 509 of the Municipalities Planning Code consistent with the certification of C.S. Davidson, Inc., Borough Engineers, dated march 24, 2010. Motion carried unanimously.
Moved Mr. Birkner, seconded Ms. Estrada authorizing the Borough of Gettysburg to enter a developer's agreement with ODC-Carlisle Street, LLC in connection with its apartment building land development project at 140 Carlisle Street. Motion carried unanimously.
At this time recess was called so that Council could begin its executive session.
Upon reconvening, moved Ms. Giles, seconded Mr. Streeter that the Borough hire as full-time police officers Katherine Sangster and William Gonzalez. Motion passed 7 yeas: Ms. Giles, Mr. Streeter, Mr. Birkner, Ms. Estrada, Mr. Krummerich, Ms. Lewis and Mr. Butterfield; 2 nays; Mr. Weaver and Mrs. Naugle.
With no further business to come before Council, moved Mr. Krummerich, seconded Ms. Giles to adjourn the meeting at 10:00 PM.
Respectfully submitted,
Sara L. Stull, Borough Secretary