Borough Minutes

Borough Council Meeting Minutes

September 27, 2010

President John Butterfield called the meeting to order at 7:00 PM with the following Councilors present: 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. Ms. Holliday Giles was absent. Staff present included Manager Florence Ford, Borough Secretary Sara Stull, Solicitor Harold Eastman, Chief Joseph Dougherty, Finance Director Ramona Overton, Public Works Director Dan Hilliard and Planner Merry Bush.

Others present included: Mark Guise, GMA Utilities Manager; Attorney Frank Leber, Rhoads & Sinon; Gary Pulcini, VALCO Capital; Craig Long, Vice President, Facility Planning & Construction, Wellspan Health; Laura Moore, Gettysburg Hospital; Jill Rohrbaugh, Architecture Workshop; Darlene Brown, PICPI-ACHA.

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

President Butterfield announced the Borough Council will conduct an executive session immediately prior to the adjournment of this meeting consistent with Section 708(a)(4) of the Sunshine Act for the purpose of consulting with its solicitor in connection with pending litigation and with matters on which identifiable complaints are expected to be filed.

President Butterfield thanked everyone involved for the nice job with the Borough newsletter that recently was mailed out. Mrs. Naugle expressed a sincere thanks to Judie Butterfield for her hard work on the newsletter and also the Gettysburg Times who printed the newsletter.

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

With no changes to the September 13th minutes, they were accepted as written.

Citizens in attendance:

Mark Guise, GMA Utilities Manager, addressed Council regarding the Gettysburg Municipal Authority seeking $6.1 million to upgrade its wastewater treatment plant. He pointed out the expansion is necessary to meet new Environmental Protection Agency mandates for cleaning the Chesapeake Bay. Mr. Guise told Council they received bids for the expansion of the wastewater treatment plant and need to obtain the remaining funds for the project.

Frank Leber, Financial Consultant, Rhoads & Sinon, gave a brief summary regarding the issuance of a guaranteed sewer revenue bond and a General Obligation Bond with a guarantee subsidy agreement. The GMA revenues pay for the bonds and the Borough guarantees the debt. He noted the Management Agreement is "uncoupled" from the financing structure either the GO or Revenue Bond. Mr. Leber informed Council that bids were opened for the project in mid-July and work is expected to begin early next year.

Mr. Weaver asked why Council should issue the bond and not the Gettysburg Municipal Authority. Mr. Leber explained it's a guarantee, and it binds the authority to the Borough by rates and would have no adverse effect on the Borough. Mr. Butterfield noted either option would not impact the Borough or its ability to seek other financing. He asked if this would impose added work to Borough staff. Mr. Leber responded no.

Gary Pulcini, VALCO Capital, explained the revenue bonds sell at a higher rate - 15 basis points and that bond rates have been at an all time low of 2.88.

Mr. Butterfield asked what the GMA Board prefers. Mr. Guise responded the guaranteed revenue bond. Manager Ford noted this would be minimal work for Borough staff.

Mr. Birkner expressed his concerns about the overall scope of the work and where the improvements are being made. He asked who would benefit from this project. Mr. Guise responded the project was necessitated by state law, and they must meet requirements mandated under the EPA. Along with the expansion, upgrades will include installation of wastewater treatment equipment, to remove nitrogen and phosphorus from treated water flowing into Rock Creek.

Moved Mr. Streeter, seconded Mrs. Naugle to authorize the Gettysburg Municipal Authority to proceed with the issuance of a guaranteed sewer revenue bond to provide funds to (1) construct capital improvements to the Authority's Sewer System and (2) pay the costs and expenses related to the issuance of the Bonds. Motion carried unanimously.

Craig Long, Vice President, Facility Planning & Construction and Laura Moore of Gettysburg Hospital addressed Council with the wishes of the Gettysburg Hospital to pave a section along Long Lane to provide temporary parking for the hospital employees shift Monday-Friday from 6 a.m. to 4 p.m. Ms. Moore is working with Wes Ayres to provide shuttle service to the employees noting the hospital would lose 125 parking spaces during its construction period. Ms. Moore pointed out the hospital would pay all paving costs and in addition they would stripe the lots at the Recreation Park. After the hospital project is complete they would turn over the newly paved area to the Borough.

Ms. Estrada asked what the time frame would be for the completion of the project. Ms. Moore answered it would begin October 25th thru January 2012. Mr. Streeter asked if the hospital would gain the 125 spaces back after the project is complete. Ms. Moore answered yes they just lose the spaces during construction. Mr. Krummerich asked what the cost to pave the parking space is. Mr. Hilliard responded approximately $80,000 to $100,000 dollars.

Mrs. Naugle noted the parcel area along the road is an impervious surface and would not want to make this worse with stormwater. Mr. Long said they would work with the construction team to resolve the problem.

Ms. Bush pointed out there isn't any lights in the area making it dark for the employees arriving in the morning. Mr. Long said they are aware of this and currently provide a security guard for them.

Mr. Streeter suggested they contact Freedom Transit to use as a shuttle service. Ms. Moore responded they did contact Freedom Transit but their costs were double the amount that Wes Ayres had given them.

Mr. Butterfield suggested Mr. Long prepare a Memorandum of Understanding between the Borough and the Gettysburg Hospital to formalize all aspects of the project.

Moved Ms. Estrada, seconded Mr. Streeter to approve the financial security for the completion of required improvements in connection with the land development project of Gettysburg Hospital for the expansion of its facilities at 147 Gettys Street in the Borough of Gettysburg in the amount of $397,915.16 consistent with the certification of C. S. Davidson, Inc., Borough Engineers, dated September 13, 2010 and in a form authorized by the Pennsylvania Municipalities Planning Code. Motion carried unanimously.

Jill Rohrbaugh, Architect, Architecture Workshop, gave a brief overview regarding HARB's recommendation to restore all existing wood windows to the Borough building. She presented Council with drawings outlining the windows and noted the change order for this work would cost $47,740.

Ms. Estrada said we must respect HARB's wishes but expressed her concern that the windows aren't energy efficient and that she is not in favor of spending $50,000 in tax payer's money. Mr. Streeter agreed with Ms. Estrada and believes that HARB should look into the new materials that could be used. Ms. Estrada also feels that there is a solution and the HARB Guidelines must be reviewed, noting the document was published in the 90's.

Moved Mr. Birkner, seconded Mrs. Naugle to approve and authorize the issuance of certificates of appropriateness for item A. (59 East High Street) of old business and for items B. (233 N. Stratton Street-Phase I) and C. (163-165 York Street) of new business as set forth in the minutes of the September 15, 2010 meeting of HARB consistent with the findings and recommendations of HARB as set forth therein. YEA: Mr. Streeter, Mr. Birkner, Mr. Krummerich, Mrs. Lewis, Mrs. Naugle, Mr. Weaver and Mr. Butterfield. NAY: Ms. Estrada.

Moved Mr. Streeter, seconded Mr. Krummerich to approve the Minimum Municipal Obligation (MMO) for the Gettysburg Police and Gettysburg Non-Uniformed Employees defined pension plans for 2011. Motion carried unanimously.

Moved Mr. Streeter, seconded Mrs. Lewis to authorize the solicitor to prepare and advertise for enactment an ordinance amending Chapter 15, Part 6 of the Code of Ordinances of the Borough of Gettysburg for the purpose of enacting a new Towing Ordinance. Motion carried unanimously.

Moved Mrs. Naugle, seconded Mr. Streeter to authorize the solicitor to prepare and advertise for enactment an ordinance amending Chapter4, Part 3 of the Code of Ordinances of the Borough of Gettysburg for the purpose of updating administrative provisions of the Regulated Rental unit Occupancy Ordinance. Motion carried unanimously.

Mr. Hilliard reported the milling on York Street has begun in preparation for blacktop which must be completed by October 12th as the plant closes for the winter.

Darlene Brown, PICPI/ACHA, addressed Council regarding the property at 328 South Washington Street located within the Elm Street District. She pointed out the Elm Street program would like to renovate this building and that the landlord is willing to match the funds. The issue is the 21 windows that will be presented to HARB for approval in the near future and asked Council for any help they can provide.

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

Upon reconvening moved Mr. Streeter, seconded Mr. Birkner to authorize the engagement of Rhoads & Sinon LLP to represent the Borough of Gettysburg as special litigation counsel in the legal matters involving claims of Parksville Properties against the Borough of Gettysburg ancillary to Parksville Properties claims against Gettysburg Economic Development Corporation in the Court of Common Pleas of Adams County, Pennsylvania and to further authorize Florence A. Ford, Borough Manager to execute on behalf of the Borough of Gettysburg the engagement letter of Rhoads & Sinon LLP dated September 27, 2010. Motion carried unanimously.

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

Respectfully submitted,

Sara L. Stull

Borough Secretary