Borough Minutes

Borough Council Meeting Minutes

 July 26, 2010

President John Butterfield called the meeting to order at 7:00 PM with the following Councilors present: Ms. Holliday Giles, Mr. Theodore Streeter, Mrs. Susan Naugle, Mr. Robert Krummerich, Ms. Alice Estrada, Mrs. Claire Lewis, Mr. Graham Weaver and Mayor William Troxell. Mr. Michael Birkner was absent. Staff present included Borough Manager Peter Marshall, Borough Secretary Sara Stull and Chief Joseph Dougherty.

Others present included: John and Sue Wega U.S. Christian Commission, 262 Baltimore Street; Rev James Ruddy, Bethel Assembly of God, 1125 Frederick Pike, Littlestown; Rev Daniel Vavaro, Bethel Assembly of God, 1125 Frederick Pike, Littlestown; Ron Martin U.S.C.C., 2 Mile Trail, Fairfield; Sandy Study, Bethel Assembly of God, 360 Glenwyn Drive, Littlestown; Orville McBeth, 1995 Wenksville Road, Biglerville; Jayne Lingenfelder, 251 Baltimore Street, Hanover; Linda Clark, 50 Robindale Drive, Emmitsburg, MD; Brenda Bartels, 19 Hanover Street; Pastor Dan Summers, Open Arms Christian Fellowship, 6790-C Old Harrisburg Road, York Springs; Robin Wilson, 294 Lake Meade Drive, East Berlin; Daniel Wilson, 294 Lake Meade Drive, East Berlin; Ken Strickhouser, Freedom Valley Worship, 399 Moulstown Road, Abbottstown; Edward Fleming II, Freedom Valley Worship Center, 2970 Buchanan Valley Road, Orrtanna; Rabbi Ed Frankovitch, Beit Mesheraynn, 15 South 4th Street; Grace Clark, 1009 Circle Drive, Keymar, MD; Marvin Wilke, 1788 Spring Field Lane, Frederick, MD.; Chad Claybaugh, C. S. Davidson; Gene Golden, Gettysburg Signs; Darlene Brown, PICPI-ACHA; Kathy Gilbert, 39 South Street; Judy Pyle, 302 Baltimore Street; Clodius Willis, 140 East Middle Street; Bernadette Sterner, 408 Queen Street; Dick Spohn, 700 Sunset Avenue; Mona Overton, 36 East Middle Street; Rebecca Brown, 334 Baltimore Street; Andy Kelch, 698 Gettysburg Road; Gerhard Noerr and Janet Noerr.

Representing the press was 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 July 12, 2010 consistent with Section 708(a)(1),(2),(4) and (5) of the Sunshine Act.

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

After making a change to page 5 of the July 12th minutes as requested by Mrs. Naugle, the minutes were approved.

Citizens in attendance:

John Wega, Director, U. S. Christian Commission addressed Council regarding the chapel at 112 Chambersburg Street. He asked Council to let the wooden structure remain open even though it does not comply with zoning laws. Mr. Wega said he considers the building to be a temporary structure and not a permanent building as pointed out by the code official. He also pointed out that the chapel was approved by HARB in 2006.

Manager Marshall said the wood structure was built without the necessary permits and is not in compliance with the international code. It's a state law and the Borough is required to enforce regulations. Mr. Butterfield reiterated the Borough is required to enforce the codes and that Mr. Wega should meet with Manager Marshall and Code Enforcement Officials to discuss his options.

Ms. Giles pointed out Borough staff can only do what the law requires and believes that Mr. Wega is looking for Council's opinion tonight. She asked if there would be any "wiggle room" to take into consideration. Ms. Estrada noted she is not aware of the situation but agrees it sounds as though Mr. Wega is asking for Council's opinion. Manager Marshall pointed out we can't give approval if the law doesn't approve it.

Mrs. Naugle also suggested they should meet with the HARB and Planning Officials for approval and recommendations.

Mr. Dick Spohn, 700 Sunset Avenue, addressed Council concerning the noise disturbance in his neighborhood that he and his neighbors have endured for the past 4 years. He pointed out that a particular neighbor at 724 Long Lane continues to have parties from mid afternoon throughout the night even though neighbors have contacted the police and filed complaints. Mr. Spohn pointed out the police have issued 2 citations over the past 4 years and he doesn't understand why more can't be done about this problem.

Chief Dougherty gave a brief report of calls the police have received and responded to the past few years. He pointing out the officers cannot issue citations unless they personally see the incident because they must testify in court. Ms. Estrada asked if the complainant could testify in court since they witnessed the incident. Chief Dougherty answered yes if they are willing to testify in court.

Councilman Weaver pointed out he lives directly behind the property in question and showed pictures of the fire pit that appears to be hazardous. It has been a serious issue with the noise in the neighborhood but realizes the police are on top of the situation.

Mrs. Bernadette Sterner also lives in the neighborhood and has called the police on several occasions regarding the noise. She said is has been frustrating because nothing has been done about it and that the neighbors quit calling the police. Mrs. Sterner pointed out the bon fires are dangerous and is a serious issue. Chief Dougherty asked the neighbors to continue calling the police.

Mayor Troxell said the Chief is doing what he can to address these issues and that the Fire Marshall was called in to investigate.

Moved Mr. Streeter, seconded Mrs. Lewis to authorize the solicitor to prepare and advertise amending Ordinance Chapter 1, Part 3 regarding Borough Manager Residency. Motion carried unanimously.

Moved Mrs. Naugle, seconded Ms. Estrada to approve and authorize the issuance of certificates of appropriateness from the HARB meeting held on July 21, 2010 as follows: 114 West Middle Street, 243 Chambersburg Street, 143 B Baltimore Street and 109 York Street. Motion carried unanimously.

Ms. Giles asked when the Chambersburg Street paving is to begin and how long it's expected to take. She asked if the meters were going to be bagged from 6 PM to 6AM everyday. Ms. Giles pointed out the businesses on Chambersburg Street have suffered tremendously with this ongoing project.

Chief Dougherty responded he hasn't received any information regarding bagging the meters. Manager Marshall said he is waiting to hear from PennDOT and will keep Council informed regarding this project.

Ms. Estrada expressed the need to maximize parking downtown and minimize the use of the meter bags. Ms. Giles agreed and said she would volunteer to remove the bags during this project.

Mrs. Naugle reported a letter was received from the Gettysburg Area School District regarding their position on the Intergovernmental Agreement of Cooperation - Peer- to- Peer. The Board will not consider an agreement that calls for any student in the school district to pay any fee for the use of the facility. Mrs. Naugle pointed out the Board will continue to honor the current commitment to the in-kind contribution of facilities and services to the Rec Park as they have done for many years. She noted the contribution amount for the 2009-2010 school year was approximately $15,000.

Mrs. Naugle presented Council with a report from the Adams County Community Health Summit that was held on June 23rd. She noted some participants that attended met to discuss ideas and recommendations for Council's input. Mrs. Naugle pointed out some of the items could be implemented fairly quickly but others will require further study and input from the community.

Mr. Butterfield suggested appointing an AD HOC Committee and asked Mrs. Naugle to recommend members.

Ms. Estrada asked if these are things that Tom Jolin, Healthy Adams Bicycle/Pedestrian Inc. (HABPI) should be working on. Mrs. Naugle responded she is referring to Borough needs and that HABPI is looking at the whole community.

Public Comments:

Kathy Gilbert, 39 South Street, expressed concerns regarding the horse drawn carriage rides that children aren't restrained and sometimes even sitting with the driver. Ms. Gilbert asked Council to consider using recycling funds received towards the purchase of bike racks.

Gene Golden, Gettysburg Signs Express, expressed his concerns regarding the noise ordinance. He pointed out it's very difficult to enforce motorcycle noise and asked what about the large trucks and street sweeper that make a tremendous amount of noise. Mr. Golden stated if Council doesn't allow the Parade of Chrome to go through town that these motorcycles would still drive in town. He went on to say that noise is "subjective" and that some like the motorcycles while others won't. If the bikes are revving engines or they have loud illegal pipes then the police can arrest them for those issues.

Gene Golden also expressed concern regarding the U.S. Christian Commission building a wooden structure on Chambersburg Street. They should follow the regulations the same as anyone else building within the Borough. Borough Council should require them to secure the necessary permits as the law states.

Clodius Willis, 140 East Middle Street, reported he was disturbed by the motorcycle noise and phoned the police department at 11:30 PM to file a complaint. He was disappointed that the officer wasn't very helpful saying they can't go after all the motorcycles. Chief Dougherty pointed out all calls go through the Adams County dispatch and that he would review this incident.

Rebecca Brown, 334 Baltimore Street, encouraged Council to proceed with a noise ordinance. She stated every weekend from spring to fall the noise is terrible on Baltimore Street.

Judy Pyle, 302 Baltimore Street, also asked Council to proceed with a noise ordinance for better control. She reiterated the motorcycles are very noisy along Baltimore Street.

Andy Kelch, 698 Gettysburg Road, spoke in support of the U. S. Christian Commission building. It appears to be a good structure and that this group is growing in size with people. He noted he worked previously as a code enforcement inspector and believes there may be "wiggle room" as brought up earlier in the meeting.

Ms. Estrada pointed out Council is listening to their constituents on both sides of the noise complaints - residents and businesses.

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

With no further business to come before Council moved Ms. Giles, seconded Mr. Streeter to adjourn the meeting at 8:50 pm.

Respectfully submitted,

Sara L. Stull

Borough Secretary