Borough Minutes

Borough Council Meeting Minutes

 June 14, 2010

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

Others present included: Nancie Gudmestad, Shriver House Museum; Stefani Pililis, 100 Baltimore Street; Bob DeFayette, 100 King Street; and Jim Cleveland, 36 E. Lincoln Avenue.

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 following the adjournment of the Borough Council meeting held on May 24, 2010 consistent with Sections 708(a)(1) and 708 (a)(4) of the Sunshine Act.

Mr. Butterfield announced the Borough Council will conduct an executive session immediately following the adjournment of this meeting consistent with Sections 708(a)(1) and 708 (a)(4) of the Sunshine Act for the purposes of discussing matters involving the employment of Borough employees and to consult with its solicitor in connection with matters on which identifiable complaints are expected to be filed.

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

With no changes to the May 24th minutes, they were accepted as written.

Citizens in attendance:

Nancie Gudmestad requests council approval to close one block of the street in front of the Shriver House Museum, 309 Baltimore Street for approximately 45 minutes on July 3rd to hold a re-enactment program. The noise from the traffic makes it difficult for participants to hear the program.

Manager Marshall gave a brief overview of the ordinance regulations, noting Council could consider for any agency but should recoup the cost for police and public works services.

Mayor Troxell expressed his and the Chiefs concern for extra police needed during the closing of the street. He felt Council should review this request and make a determination. Mayor Troxell also pointed out the street closing must be approved by PennDOT in which the application process takes 30 days and therefore it wouldn't be approved in time for the event.

Mr. Streeter said he supports the Mayor's decision not to approve closing the street this year due to the limited man power. Mr. Weaver noted with the 150-anniversary coming up many events might be planned for the public, so he would support closing the street in the future.

Mr. Butterfield asked Mrs. Gudmested to process paperwork in plenty of time next year so it can be taken into consideration.

Moved Mr. Streeter, seconded Mr. Krummerich to affirm Mayor Troxell's decision to deny Mrs. Gudmested's request for street closing on July 3rd. Motion carried unanimously.

Stefani Pililis, 100 Baltimore Street, expressed her concern regarding parking. She explained it is difficult to find a place to park where she lives and asked council to consider a parking arrangement. Ms. Pililis said she would pay a monthly fee for the benefit of having a place to park.

Mr. Streeter pointed out this issue has come before council in the past and should be revisited. Mrs. Naugle noted this is the second person in the same apartment complex that has come before council with a parking complaint. Need to determine how many other tenants may need help and work on solutions. Mr. Krummerich expressed concern that businesses may request for special parking arrangements also. Ms. Estrada also said she can't encourage residential parking for the downtown area so we would need to find other solutions.

Moved Mr. Streeter, seconded Mr. Krummerich to accept the J. P. Harris tax exoneration report for tax years 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008 and 2009. Motion carried unanimously.

Manager Marshall explained that the request received for a fire marshal appointment is not needed since the borough is not large enough to require one. He recommends using the state police and noted the county also does fire investigations. Manager Marshall also pointed out Larry Weikert is not a certified fire marshal.

Solicitor Eastman gave a brief summary on the regulations regarding a fire marshal. The ordinance should be repealed eliminating the fire marshal and its Department of Fire Prevention.

Ms. Estrada said she had a personal appeal about Larry's side of the story and just wants to understand the situation. Manager Marshall recommends council repeal ordinance Chapter 1, Part 3, Subpart C to eliminate the office of fire marshal.

Moved Mrs. Naugle, seconded Mr. Weaver to authorize the solicitor to prepare and advertise for enactment an ordinance repealing Chapter 1, Part 3, Subpart C for the purpose of eliminating the Borough office of fire marshal and its Department of Fire Prevention. Motion carried unanimously.

Mrs. Naugle asked for the status regarding the artifacts held by John Milner Associates, expressing concern they may invoice the Borough. Ms. Overton responded she has called on several occasions but never receives a return call. Ms. Bush said she would contact John Milner Associates to see if there are any outstanding invoices.

Moved Mr. Streeter, seconded Mr. Krummerich to reallocate the remaining 2005 CDBG funds of $3,608.10 to Pennsylvania Interfaith Community Programs Inc. (PICPI) to be used in the rehabilitation of 62 Breckenridge Street contingent upon John Milner Associates not having any outstanding invoices on this property. Motion carried unanimously.

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

Manager Marshall gave a brief summary regarding the Constellation Energy contract for the purchase of electrical energy. The Pennsylvania League of Cities & Municipalities has established a municipal group that has competitively bid electric rates to help municipalities avoid some of the significant rate increases that are projected for January next year. He went on to say the Borough could save a significant amount of money.

Mr. Streeter noted the Gettysburg Municipal Authority approved a four-year agreement with Constellation Energy.

Moved Ms. Estrada, seconded Mr. Streeter to authorize the Borough Manager to enter into a contract commencing on January 1, 2011 for the purchase of electrical energy from Constellation Energy, Inc. at rates set through the competitive bidding process undertaken by the Pennsylvania League of Cities and Municipalities and the Municipal Utility Alliance. Motion carried unanimously.

Solicitor Eastman pointed out the intergovernmental Municipal Utility Alliance was established in 1998 and that Council should become a member of the alliance.

Moved Ms. Estrada, seconded Mr. Streeter to approve joining the Municipal Utility Alliance. Motion carried unanimously.

Mr. Weaver asked if the Borough audit report has been completed. Manager Marshall answered yes it was recently completed and that the auditors would be at the next council meeting to present to council.

Mrs. Naugle gave a brief report on the Intergovernmental Agreement of Cooperation for recreation. Straban Township recently withdrew from the process. She noted any municipality could join in the intergovernmental agreement at any time in the future after it's been adopted. Solicitor Eastman will readvertise changes as instructed by Council.

Ms. Estrada asked if they are reaching out to other municipalities or just making sure these are solid. Mrs. Naugle responded they want to make sure these are solid.

Moved Mrs. Naugle, seconded Mr. Streeter to postpone enactment of an ordinance of the Borough of Gettysburg approving the Intergovernmental Agreement of Cooperation creating and establishing the Gettysburg Area Recreation Commission to enable the solicitor to amend and readvertise the ordinance to reflect changes in the participants to the Agreement of Cooperation. Motion carried unanimously.

Manager Marshall gave a brief report regarding the request from Curt Grim terminating his public parking lease agreement. Mr. Grim is adding apartments to his property and would need the parking for his tenants. Manager Marshal also suggests Council review all the current parking leases to make sure they are appropriate.

Moved Mr. Streeter, seconded Mr. Weaver to authorize the June 30, 2010 termination of the lease agreement with Curt H. Grim for the purpose of terminating public parking at a certain lot (Tract No. 1) containing 5, 760 square feet on the west side of South Stratton Street which lot is owned by Mr. Grim and to authorize John D. Butterfield, Borough Council President and Sara L. Stull, Borough Secretary to execute and deliver a Termination of Lease Agreement for that purpose. Motion carried unanimously.

Moved Mr. Streeter, seconded Mr. Krummerich to authorize the Borough Manager to execute a PennDOT Winter Traffic Services Agreement. Motion carried unanimously.

Moved Ms. Estrada, seconded Mr. Streeter to authorize the Borough Manager to execute PennDOT Community Initiative Reimbursement Agreement (Steinwehr Avenue Project) - Construction. Motion carried unanimously.

Moved Mrs. Naugle, seconded Mr. Krummerich to authorize the Manager to execute an agreement with H. R. Gray to conduct an ADA Transition Plan (curb ramps) for the Borough. Motion carried unanimously.

Moved Mr. Krummerich, seconded Ms. Estrada to authorize the Manager to execute an agreement with C. S. Davidson, the Borough's engineer for a Borough wide assessment of all Borough streets and curbs. Motion carried unanimously.

Mr. Butterfield reported he attended the Steinwehr Avenue, Heart of Gettysburg Battlefield, Inc. Business Improvement District meeting. He noted an invoice should be sent to them for payment of their share of the annual PIB loan. Ms. Overton responded she already sent the invoice. Mr. Butterfield also noted they received assessments from all property owners except 7. The BID solicitor will send notices to these property owners.

Ms. Estrada asked if the hot dog vendors have secured permits and what is the cost of a vendors permit. Ms. Stull responded there are two hot dog vendors that were issued permits- 1/month; 1/year. The cost is $25/day; $100/month; and $300/year.

Mr. Butterfield requested staff prepare an updated list of all licenses/permits and the cost for Council review.

Ms. Naugle asked for an update regarding the PennDOT study on "Super Loads" traveling through Gettysburg. Mr. Streeter responded he expects information regarding the Transportation Study in the near future.

Mr. Butterfield reported he spoke with Delta Development, Inc. regarding revisions to the Comprehensive Plan noting the cost estimate is $80,000. The Planning Commission is willing to take the steps necessary to complete the revisions.

Mrs. Naugle reminded Council of the upcoming Bike Loop session on Wednesday, June 23rd. The speaker is Mark Fenton and hopes that some members of Council will be able to attend.

Mrs. Naugle reminded Council of the Rec Park Sunday concert series that are taking place every Sunday evening with the exception of June 19th and 26th.

Manager Marshall gave a brief update on the Bond issue: 2 public works vehicles have been ordered; parking garage, need to complete general specs before sending out for bids; sidewalk assessment-H.R. Gray; and building renovations - the RFQ ad went out June 4th and June 9th.

Mr. Weaver asked the status of the new police vehicle. Manager Marshall responded the police vehicle has been delivered to the police department.

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

With no further business to come before council moved Mr. Streeter, seconded Mr. Krummerich to adjourn the meeting at 8:40 pm.

Respectfully submitted,

Sara L. Stull

Borough Secretary