Borough Minutes

Borough Council Meeting Minutes

 July 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 and Finance Director Ramona Overton.

Others present included: Darlene Brown, PICPI-ACHA; Judie Butterfield, 999 Sunset Avenue; Larry G. Weikert, 328 Baltimore Street; Judy Pyle, 302 Baltimore Street; Judi McGee, 256 Baltimore Street; Rebecca Brown, 334 Baltimore Street; and Richard Ezell, 334 Baltimore Street.

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 Monday, June 28, 2010 consistent with Sections 708(a)(1) and 708 (a)(4) of the Sunshine Act.

Mr. Butterfield announced Borough Council also conducted an executive session commencing at 5:00 p.m. on Thursday, July 8, 2010 consistent with Section 708(a)(1) of the Sunshine Act for the purpose of discussing matters involving the employment of Borough employees.

Mr. Butterfield announced 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 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.

Representing the press were Scot Pitzer of the Gettysburg Times and Tim Prudente representing the Evening Sun

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

With no changes to the June 28th minutes, they were accepted as written.

Citizens in attendance:

Judi McGee along with several neighbors on Baltimore Street attended the meeting to get a progress report on the issues raised at the last meeting, most importantly the Bike Week noise. Mr. Butterfield responded that Solicitor Eastman would give a brief report on the Noise Ordinance later in the meeting.

Chief Dougherty presented Council with and "After Action Report for Bike Week July 9th and 10th". He pointed out it was a mandatory work period for all full time officers and all were scheduled to work at various times during this event and also the 2 part time officers were scheduled. The police department was also supported by 8 members of the Adams County Sheriffs Department. Chief Dougherty reviewed the 15 citations, 13 warnings, 6 incidents and 22 complaints that the police department received for both days of Bike Week.

Mr. Krummerich asked what kind of bike was reported stolen. Chief Dougherty answered it wasn't a motorcycle.

Mr. Birkner gave his perspective of what he noticed as he rode his bike across town onto Baltimore Street and proceeding onto Steinwehr Avenue. He pointed out it was loud and a very difficult ride with the bikes as he proceeded through the Borough. He heard several sirens and asked the Chief to explain what happened.

Chief Dougherty responded the sirens were not police related and most were out of town. He pointed out the police only used sirens one time and that the others were ambulance calls. Chief Dougherty agrees it's very noisy but there is only so much the police can do and they must abide with state law. He said he is at a loss as to what to do and pointed out all his officers were on duty.

Mr. Birkner asked if this is a justified event for Gettysburg. Ms. Estrada pointed out most of the activities happen out of town.

Judy Pyle expressed her concern with the extensive noise during Bike Week and that she called the police Friday evening to complain. She asked Council to consider closing Baltimore Street during this event at prime time in consideration of the residents.

Larry Weikert also complained of the terrible noise during Bike Week and the motorcycles that were racing up and down Baltimore Street. He suggested the police remain on Baltimore Street to enforce the problems instead of being in the parade. Mr. Weikert asked Council to get information from Myrtle Beach, South Carolina on how they control the motorcycles during it's event.

Becky Brown reported she called the police department Saturday evening to complain about the motorcycle noise. She pointed out the parade itself went well that the problems occurred with motorcycles afterward.

Judie Butterfield thanked the organizers of special events - Gettysburg Festival, Bike Week, Farmer's Market and the Memorial Day Parade for complying with the recycling mandates for Gettysburg.

Moved Mr. Streeter, seconded Mr. Birkner to accept the J. P. Harris tax exonerations as presented. Motion carried unanimously.

Moved Mr. Birkner, seconded Ms. Giles to enact an ordinance repealing Chapter 1, Part 3, Subpart C of the Code of Ordinances of the Borough of Gettysburg for the purpose of eliminating the office of fire marshal. Motion carried unanimously.

Moved Ms. Giles, seconded Mr. Krummerich to authorize the Borough Manager to purchase equipment authorized in the 2010 general obligation bond issue. Purchases will include Public Works vehicles and parking garage lighting through the State's piggyback COSTARS program (these are State bid contracts open to local governments that meet the State purchasing requirements for local government purchases). It will also include the bidding of parking garage equipment. Motion carried unanimously.

Moved Mrs. Naugle, seconded Mr. Weaver to appoint Colleen K. Lingle to the Board of the Historical Architectural Review Board to complete a term on that board which expires August 2012. Motion carried unanimously.

Moved Mrs. Naugle, seconded Ms. Estrada to reappoint Holliday Giles to the Gettysburg Area Industrial Development Authority (GAIDA) for a five-year term commencing on August 1, 2010 and expiring on July 31, 2015. Motion carried unanimously.

Ms. Estrada asked the status of the GAIDA Board, noting discussions last year it was thought that GAIDA would reform and then disband if it was decided it wasn't necessary. Ms. Giles reported the Board continues to sort through everything before making any decisions as to whether or not to disband. It may take at least another six months to make any final decisions.

Moved Mrs. Naugle, seconded Mr. Birkner to authorize the submission of a grant application to the Robert C. Hoffman Trust for the amount of $5,000 to be used to match $20,000 in DCNR grant funds for the Master Plan for the Greening and Rehabilitation of the Gettysburg Area Recreation Park. Motion carried unanimously.

Moved Mr. Streeter, seconded Ms. Estrada to approve a resolution supporting the Pennsylvania Interfaith Community Programs, Inc. (PICPI) filing a proposal for funds with DCED for the Adams County Arts Council. Motion carried unanimously.

Ms. Darlene Brown explained that PICPI would file the application and manage the $500,000 grant for the Arts Council to secure the old H & H Pontiac building on S. Washington Street. Mr. Krummerich asked if there is any financial obligation for the Borough. Ms. Brown responded that the Borough would owe nothing towards this project.

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

Moved Mr. Birkner, seconded Mrs. Lewis to adopt a resolution authorizing and ratifying the transfer of a 1995 Ford Crown Victoria unmarked police vehicle of the Borough of Gettysburg to the Gettysburg Fire Department. Motion carried unanimously.

Solicitor Eastman gave a brief update on the building number and fire extinguisher ordinance noting residents would have until April 2011 to put numbers on the rear of their property. Mr. Birkner confirmed that residents who don't have an alley to the rear of their property would not be effected by this ordinance change. Solicitor Eastman responded that is correct.

Moved Mr. Streeter, seconded Mr. Weaver to authorize the Solicitor to advertise for enactment an ordinance amending Chapter 4, Part 1 and Chapter 5, Part 2 of the Code of Ordinances of the Borough of Gettysburg relative to building number requirements and further amending Chapter 5, Part 2 relative to fire extinguisher requirements. Motion carried unanimously.

Moved Mrs. Naugle, seconded Mr. Streeter to authorize the Solicitor to advertise for enactment an ordinance amending Chapter 3 of the Code of Ordinances of the Borough of Gettysburg regulating the use of bicycles, skateboards and scooters in the Borough of Gettysburg and repealing Chapter 15, Part 9 of the Code of Ordinances which regulates the use of pedalcycles and skateboards in the Borough. Motion carried unanimously.

Mrs. Naugle talked briefly on amending this ordinance for the safety of bike riders as the bike paths and bike loop is being developed. This would also allow for bikes on the sidewalks in certain areas of town. Mayor Troxell asked if the Segways are addressed in this ordinance. Mrs. Naugle responded not at this time because they are covered under motor vehicles. Solicitor Eastman noted the task was to review and update the ordinance at this time but that the Segways could be added later.

Moved Mr. Streeter, seconded Mr. Weaver to authorize the Solicitor to advertise for enactment an ordinance amending Chapter 15, Part 2, Section 213 of the Code of Ordinances of the Borough of Gettysburg by adding East Water Street as a street where trucks are prohibited. Motion carried unanimously.

Moved Mr. Streeter, seconded Mr. Birkner to authorize the Borough Manager and Borough Solicitor to research and make recommendations to the Borough Council relative to the proposed enactment of any new ordinances or the proposed amendment of any existing ordinances in order to address bus parking issues in the Borough of Gettysburg. Motion carried unanimously.

Moved Ms. Estrada, seconded Mr. Krummerich to approve a resolution to authorize the Manager to execute PennDOT Reimbursement and Maintenance Agreements. Motion carried unanimously.

Moved Mr. Birkner, seconded Mr. Weaver to authorize the Solicitor to prepare a comprehensive noise control ordinance in order to control and regulate excessive sound and noise and the sources of excessive sound and noise within the Borough of Gettysburg and to prohibit noise disturbance from any source or by any means. Motion carried unanimously.

Mayor Troxell thanked Mr. Butterfield for his support and time spent riding with the police during the Bike Week events. He also thanked Chief Dougherty and Officers for their dedication and hard work during this event.

Mr. Butterfield said he felt Chief Dougherty and Sergeant Wilson put a good plan together for Bike Week. The problem is the bikers who get out of hand noting during his ride with the police bikers would rev their bikes to taunt police. The police issued these bikers citations. Mr. Butterfield pointed out the difficultly of enforcing our ordinances during such a large event and said that we will never totally eliminate motor vehicle noise.

Mrs. Lewis asked if there were any Driving Under the Influence (DUI) citations issued. Chief Dougherty responded alcohol was not a major issue and that there was one DUI issued.

Mr. Krummerich pointed out Council should review all law enforcement issues and not just the noise issues. He asked Council to consider if a Bike Week is something we need in Gettysburg.

Ms. Estrada suggests holding a Council workshop to have the opportunity to discuss this issue as well as other items such as, PennDOT, street work, fee schedules, and changing parking meter enforcement time.

Mr. Butterfield responded he would like to schedule a workshop for early August after summer vacations so everyone would be available to attend.

Mrs. Naugle gave a brief report on the letter received from PennDOT in June regarding ACTPO, the super load issue and recommended Council not make any decisions until more information is received. She will keep Council informed as information is received.

Mrs. Naugle reported she along with other members attended the Health Summit recently held in Gettysburg pertaining to the bike path. She will prepare a report for Council.

Mrs. Naugle reported the Gettysburg School Board rejected signing the Peer-to-Peer Recreation Agreement and that they gave no explanation. She pointed out all municipalities involved had a representative attending the meetings but that the School Board never had any representation. Mrs. Naugle noted the School Board didn't want to charge fees to students whose municipalities weren't included in the agreement. She pointed out the recreation commission could not operate without charging fees to students within these municipalities. A meeting will be scheduled in the near future with the Peer-to-Peer consultant, municipalities and possibly the school board to discuss options.

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

Upon reconvening, moved Mr. Birkner, seconded Mrs. Naugle to authorize execution of an employment agreement for the office of Manager of the Borough of Gettysburg at an annual base salary of $79,000.00 for a two-year term commencing on or before August 16, 2010 through August 15, 2012 substantially in the form and consistent with the terms and conditions presented to Borough Council by its consultant, Peter S. Marshall. John D. Butterfield, President of Borough Council and Sara L. Stull, Borough Secretary are authorized to execute the employment agreement on behalf of the Borough of Gettysburg. Motion carried unanimously.

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

Respectfully submitted,

Sara L. Stull

Borough Secretary