Borough Minutes

Borough Council Meeting Minutes

May 10, 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, Planner Merry Bush and Dan Hilliard Public Works Director.

Others present included: William Lafferty, Director Public Safety, Captain Ivan Taylor and Associate Director David Taylor representing Gettysburg College; Chad Clabaugh, C. S. Davidson, Inc.; Judie Butterfield, 999 Sunset Avenue, Chuck Teague, Police Chaplain, 125 East Middle Street.

Representing the press were Scot Pitzer of the Gettysburg Times, and Tim Prudente 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 April 12, 2010 consistent with Section 708(a)(4) of the Sunshine Act.

Mr. Butterfield announced the Borough Council held an executive session during its topical workshop held on April 29, 2010 consistent with Section 708(a)(1) of the Sunshine Act for the purpose of discussing matters of employment of Borough employees.

Mr. Butterfield announced the Borough Council will conduct an executive session immediately prior to the adjournment of this meeting consistent with Sections 708(a)(1), 708(a)(2), 708(a)(4) and 708(5) of the Sunshine Act for the purposes of discussing matters involving the employment of Borough employees, to discuss information and strategy relative to negotiation of a collective bargaining agreement, and to consult with its solicitor in connection with matters on which identifiable complaints are expected to be filed and the investigation of possible violations of law and any identifiable complaints which might be filed due to such investigations.

Mr. Butterfield announced Borough Council will conduct two council meetings each month to be held on the second and fourth Mondays at 7:00 pm beginning in May. He noted this would eliminate the monthly committee meetings. This will be a six month trial period to determine if it will work.

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

With no changes to the April 12th minutes, they were accepted as written.

A special presentation by Gettysburg College representatives William Lafferty, Director of Public Safety, Captain Ivan Taylor and Associate Director Dave Taylor to Chief Joseph Dougherty. He was presented with an award in recognition of his outstanding service and good working relationship with the college.

Chief Dougherty thanked them for the award pointing out he is only the supervisor of the police department and commends his department for all their hard work and dedication.

Mayor Troxell announced the Adams County Boroughs Association meeting is scheduled for Monday, May 17th at 6:15 at the Pike Restaurant. The guest speaker is Barb Walter, Adams County Chief Assessor. Anyone interested in attending should contact Sara.

Moved Mr. Streeter, seconded Ms. Giles to accept the J. P. Harris Tax exoneration report for tax years 2009, 2008, 2007, 2006, 2005, 2003, 2002, 2001 and 2000. Motion carried unanimously.

Moved Mrs. Naugle, seconded Mr. Weaver to reappoint Andrew Keyser to the Civil Service Commission for a six year term expiring in May 2016. Motion carried unanimously.

Manager Marshall announced the promotion of Daniel Hilliard to the position of Director of Public Works effective May 1st and the promotion of Robert Harbaugh to the position of Public Works Foreman effective May 10th.

Moved Ms. Estrada, seconded Mr. Streeter to approve the Community Development Block Grant (CDBG) funds of $150,530.00 to be allocated as follows: $21,120.00 for Administration; $40,000.00 for Code Enforcement; and $89,410.00 for Public Improvements & Facilities. Motion carried unanimously.

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

Manager Marshall gave a brief summary on the health reimbursement arrangement that would allow employees to use funds remaining in their vision benefit for other medical expenses. This would only affect the non-uniformed employees as the police still use the self funded vision plan.

Moved Ms. Giles, seconded Ms. Estrada to approve a resolution establishing a Health Reimbursement Arrangement (HRA) for employees. Motion carried unanimously.

Moved Ms. Giles, seconded Mr. Weaver to appoint Sara Stull as the Health Reimbursement Arrangement Administrator. Motion carried unanimously.

Moved Mrs. Naugle, seconded Mr. Streeter to approve issuance of certificates of appropriateness for 45 South Street; 65 West Middle Street; 112 York Street; 53 Steinwehr Avenue; and Evergreen Cemetery Gatehouse as recommended by the historical Architectural Review Board. Motion carried unanimously.

Mr. Butterfield announced the ordinance amending Chapter 4, Part 1 and Chapter 5, Part 4 regarding building number requirements will be held until June.

Moved Mr. Birkner, seconded Mr. Krummerich to enact 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 Mr. Birkner, seconded Mr. Streeter to enact 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 superseded by the Uniform Construction Code. Motion carried unanimously.

Moved Mr. Birkner, seconded Ms. Giles to authorize the Borough Council President and the Borough Secretary to execute and deliver on behalf of the Borough of Gettysburg any permanent right-of-way agreements for entry ramps and temporary construction easements necessary for the issuance of sidewalk permits. Motion carried unanimously.

Manager Marshall read the highway equipment bid that was received by C. E. Williams Sons, Inc. noting this was the only bid received. He reviewed the documents and recommends council award the bid to them.

Moved Mr. Streeter, seconded Mr. Birkner to award the highway equipment bid to C. E. Williams Sons, Inc. Motion carried unanimously.

Manager Marshall asked council to consider increasing the Pennsylvania Infrastructure Bank (PIB) Loan to provide for additional engineering for additional improvements in the Steinwehr Avenue Project. He explained the PIB loan is the $300,000, 10 year loan to pay for the engineering to support the Steinwehr Ave. project construction. The Loan is to be paid back using some of our Liquid Fuels monies. C.S. Davidson has suggested that there are three additional projects that would enhance the Steinwehr Project. 1) Place the traffic signals on mast arms and eliminate the overhead wires. This will also allow the elimination of the in ground loop detectors for the signals. 2) Reconstruct the intersection (with Washington Street) to widen it for better access for buses and to improve ADA access. 3) To design and construct a new storm sewer in this area. They could not find the old storm sewer that was supposed to be located in the area. The proposed construction cost is estimated at $75,000 to $100,000. The cost to design and engineer these projects is $14,400. In addition, C.S. Davidson is asking for an additional $5,800 to compensate them for added, unanticipated work on the original Steinwehr Ave. Project. Council can approve nothing, both the $14,400 and the $5,800 requests, or one of the requests. If Council approves the total additional engineering request, it will increase our PIB loan by $20,000. This will add approximately $2,000 per year to our loan repayment schedule.

Mr. Weaver expressed his concern regarding the $5,800 for additional funds for C. S. Davidson to compensate them for any unforeseen costs. Chad Clabaugh, representing C. S. Davidson explained that they did continued work on Steinwehr Avenue that was an added expense. He noted they absorbed approximately $20,000 in additional work they completed. Mr. Krummerich asked if the water backup that occurs near the hospital could be corrected with news lines during construction. Mr. Clabaugh responded they would tie in with existing lines with new pipes.

Ms. Estrada asked if there would be any additional expense with Frank Leber, Bond Council who prepared the loan. Manager Marshall responded there are no added costs to Mr. Leber that a letter would need to be sent directly to the bank with Council's request.

Mr. Birkner asked the status of the bike loop inclusion in the Steinwehr Avenue project. Mr. Clabaugh explained they were hoping to include the bike path but that electric poles would need to be moved. Met Ed refused to pay to have these poles moved.

Mr. Weaver asked Manager Marshall if he could assure the Council that all the money approved by the motion would come from the liquid fuels tax and not from general revenues. Manager Marshall answered yes it would all come from liquid fuels and is included with the bank agreement.

Moved Mr. Streeter, seconded Ms. Giles to approve increasing the PIB Loan - for both the $14,400 and the $5,800. YEA: Mrs. Naugle, Mr. Streeter, Mr. Butterfield, Ms. Giles, Mr. Birkner, Mr. Krummerich, Ms. Estrada and Mrs. Lewis. NAY: Mr. Weaver. The vote passed 8-1.

Mr. Weaver noted he voted "no" because he could not support the part of the motion which provided $5,800 for "unforeseen costs". He felt that the motion should clearly state the specific use for this $5,800 rather than make an undefined, nebulous grant. He did favor allocating the $14,400 for the clearly defined items since he strongly supports the Steinwehr Avenue Project.

Manager Marshall asked Council to consider hiring another part time parking enforcement officer. He explained currently there is just one part time person and the Chief is requesting another one to cover hours.

Moved Mr. Streeter, seconded Ms. Giles to authorize Manager Marshall to hire a part time parking enforcement officer. Motion carried unanimously.

Mr. Butterfield commented on the news article in the Evening Sun regarding the REDDI property, stating that the Borough and Gettysburg Economic and Development Corporation are separate and distinct entities and that citizens need to recognize the difference.

Mr. Butterfield asked for clarification by a request from Curt Grim as stated in the Planning Commission minutes to remove parking meters. Ms. Bush responded Mr. Grim owns the property in question and has a parking agreement with the Borough. He will come to Council and formerly request removing the meters.

Ms. Estrada expressed her concern with the Wayfinding Signs, what's been approved and the discrepancies, noting more signage should include the Hotel, Majestic and the Adams County Transit Authority. She suggests holding a meeting for public comment and said she is dismayed because she has asked for the past year to hold a meeting and nothing happened.

Mr. Streeter pointed out the National Park Service came to Council last year with a presentation but hasn't come back. Mrs. Naugle noted the project was already sent for bids and would need to start over if we were to hold a meeting for the public and make changes. Manager Marshall reported bids were already received on the signs and noted additional signs could be added later.

Mr. Streeter said there are approximately 92 signs and would not want anymore added. Ms. Giles also said she doesn't want to stop the project at this point.

Moved Ms. Estrada, seconded Mr. Streeter to hold a public meeting to discuss content of Wayfinding Signs. YEA: Ms. Estrada. NAY: Mrs. Naugle, Mr. Weaver, Mr. Streeter, Mr. Butterfield, Ms. Giles, Mr. Birkner, Mr. Krummerich and Mrs. Lewis. Motion did not pass 1 Yea-8 Nay votes.

Mr. Birkner credited Ms. Estrada for her efforts but feels the project needs to move forward and wouldn't like to see it stopped.

Mr. Birkner asked if the Code Enforcement Officer would attend the Council meetings in the future since the safety committee is no longer meeting. Manager Marshall responded the Code Enforcement Officers report is included in the weekly manager's report but if Council would like him to attend any of the meetings he would arrange it.

Chuck Teague expressed concern with the "jay walking" that occurs in front of the Borough office building especially on Election Day with so many people in and out. He also expressed concern with specific pedestrian lights not working and asked for this to be reviewed.

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

Upon reconvening, moved Mr. Streeter, seconded Ms. Giles to accept the resignation of Officer John M. Darlington, III, effective January 12, 2010 and to rescind the termination of employment of Officer Darlington authorized on January 11, 2010. Motion carried unanimously.

With no further business to come before council moved Ms. Giles, seconded Mr. Streeter to adjourn the meeting at 9:30 pm.

Respectfully submitted,

Sara L. Stull, Borough Secretary