Borough Minutes

Borough Council Meeting Minutes

 October 25, 2010

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

Others present included: Attorney Frank Leber, Rhoads & Sinon; Robert Sonntag MS, Managing Partner, Jim Myers PE, Lead Civil Engineer Team Member and Brian Bush, Lead Operations Managements Team Member all representing USA Garage Tower Enterprises LLC (USAGTE); Katrina Becker, Andrea Walling and Courtney Troyer employees from the Adams County Assistance Office; Kaycee Kemper, Adams County Economic Development Corporation; Darlene Brown, PICPI-ACHA; Kristen Rice, 47 West High Street; Susan Paddock, Jim Paddock and Jean Siderio all representing No Casino Gettysburg; Tammy Myers, American Civil War Museum; Ken Rohrbaugh, Gettysburg Tours; Pat Small, The Horse Soldier; Jacqueline White, Dobbin House; Jon Muller, Great T-Shirt Co; Bruce VanDyke, Re/Max of Gettysburg; Stan Clark, 915 Fairview Avenue; Tom Crist, 114 Springs Avenue; Kathy Gilbert, 39 South Street; Dave English, 68 West High Street; Carey and Patricia Moore, 35 West Broadway; Rogall Harner, 35 Buford Avenue and Paul Moschette, 201 South Washington Street.

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

President Butterfield announced the Borough Council conducted an executive session immediately prior to the adjournment of the Borough Council meeting held on October 12, 2010 consistent with Section 708(a)(4) of the Sunshine Act.

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

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

Special Presentations:

Frank Leber, Rhoads & Sinon gave Council a brief update regarding the Gettysburg Municipal Authority bond process. He noted the bond processing went very well and that the bond sale is scheduled for November 8th. Mr. Leber pointed out Standard and Poors reduced its rating from AAA to AA+ which would have no effect on the Borough.

Mr. Birkner asked if all communities would have the same rating. Mr. Leber responded he was just giving a "heads up" that there won't be a AAA rating for the GMA

Bond sales as it was for the Borough. Mr. Weaver asked if the Borough would be given the option for insurance. Mr. Leber responded no.

Frank Leber, Rhoads & Sinon addressed Council regarding an amendment to the Articles of Incorporation of Gettysburg Municipal Authority to extend the corporate life of GMA until October 1, 2060. This would require Council adopting a resolution approving this action.

Mr. Weaver asked if there are any other amendments to the resolution. Mr. Leber responded no just the life extension.

Moved Mr. Streeter, seconded Ms. Estrada to adopt a resolution approving an amendment to the Articles of Incorporation of Gettysburg Municipal Authority to extend the corporate life of said authority until October 1, 2060. Motion carried unanimously.

Robert Sonntag, Jim Myers and Brian Bush representing USA Garage Tower Enterprises LLC (USAGTE) gave a presentation outlining a proposed parking garage to be located in the Steinwehr Avenue area. He pointed out they are reviewing the DELTA plans for the Steinwehr Avenue project and were in town to do a fact finding session earlier this month. Mr. Sonntag proposed establishing a parking garage in the Steinwehr Avenue area that would include amenities like office space, retail stores and an upper-deck restaurant. They asked Council to approve a "letter of intent" which would permit the company to use Borough documents and resources to review possible locations and survey the parking problems.

Ms. Estrada pointed out she hasn't seen a feasibility study yet and would like to see it. She also asked if this would accommodate hospital parking. Mr. Sonntag responded they haven't completed a feasibility study but reviewed the DELTA study that stated parking is needed. He reported that they have met with other entities including the hospital regarding parking.

Mr. Bush pointed out they will continue to gather information and meet with other businesses to determine the needs.

Mr. Streeter said parking is needed in this area but doesn't feel Council should sign a "letter of intent" at this point and did not want to commit Borough resources until further research is completed. Mr. Sonntag responded that they would like an agreement to work together with the Borough and that signing the letter would not commit the Borough in any way.

Mr. Weaver expressed concerns of what would happen if certain timelines are not met. Mr. Sonntag said they are asking for Council support to endorse the project at this time.

Mr. Birkner expressed his concern pointing out the Harrisburg Incinerator project fell through because it wasn't good for Harrisburg. He noted the Borough is very cautious and mindful of its financial exposure. Mr. Sonntag said he hasn't heard about Harrisburg but that he believes their firm could help Gettysburg.

Mr. Krummerich noted the current parking garage is underutilized and asked if they have any suggestions. Mr. Sonntag responded that when reviewing and preparing a study they would look at the whole town and not just the Steinwehr Avenue area. They would present their findings to Council after it is complete.

Mrs. Naugle said she would like to talk to partners in the community to get their ideas before approving anything. She pointed out the DELTA report was a long-term plan. Mr. Sonntag agreed to work with the community.

Mr. Butterfield pointed out the designated parking areas are within the Historical District and they may need to go before HARB. He noted the 150th parking plans are to include the shuttle bringing people in to town. Mr. Butterfield also noted the "letter of intent" states to work with borough staff. Manager Ford responded the staff is overburdened now and was concerned that the added work for the project may not work well at this time.

Ms. Estrada suggested USAGTE get the information and report back to Council not using the Borough staff. Mr. Sonntag said his firm is just asking for a commitment to work together.

Ms. Estrada asked the Borough Solicitor if Council needs to have a formal letter signed. Solicitor Eastman responded the letter is nothing binding to the Borough.

Moved Mr. Streeter, seconded Ms. Giles to approve Letter of Intent to authorize the Borough of Gettysburg to enter into discussions with USAGTE to develop and fund turnkey parking garage with no financial liability or imposition on the Borough staff. A roll call vote was taken. YEA: Mr. Birkner, Ms. Estrada, Ms. Giles and Mr. Streeter. NAY: Mr. Krummerich, Ms. Naugle, Mr. Weaver and Mr. Butterfield. Mayor Troxell cast the deciding no vote. The vote failed 5 NAY/4YEA.

Some final comments from Council included the following: Mr. Graham said he is not impressed with the project. Mr. Krummerich said the Borough already has an underused garage and Borough staff is already overwhelmed with work. Ms Giles and Ms. Estrada stated why turn down a free feasibility study and Ms. Estrada also said she would only endorse the study not the project at this point. Mrs. Naugle said she is not comfortable with this until speaking to the Steinwehr Avenue group, ACTPO and other community members. Mr. Birkner said he would not approve any unnecessary work to Borough staff or any added liability to the Borough.

Citizens in attendance:

Tom Crist expressed his disappointment with the Council vote. He feels the USAGTE group was trying to do something good for the Borough.

Kristen Rice asked the Mayor about him testifying before the Pennsylvania Gaming Control Board on November 16-17 regarding the Casino. Mayor Troxell responded he is not testifying before the Board. Mrs. Rice asked if he would agree not to support the Casino. Mayor Troxell responded he is not making a "stand" either way and can't make a comment for Borough Council.

Solicitor Eastman announced Borough Council is not taking a stance one way or the other regarding the Casino. He asked that citizens speak to Council as a whole and not to single out the Mayor.

Mr. Butterfield announced the Casino is not on the agenda for Borough Council tonight for discussion and thanked Mrs. Rice for her comments. He pointed out this is the public comment period to discuss items on the agenda.

Susan Paddock, NO Casino Group noted the Gaming Website lists Mayor Troxell and Representative Dan Moul as speakers at the upcoming hearing. This is misleading because both say they are not speaking at the hearings.

Carey Moore, 35 West Broadway, said it is the right of the individual to speak publicly about their positions but personally feels its inappropriate to speak for Council or the citizenry.

Andrea Walling, Adams County Assistance Office employee addressed Council concerning the parking problem on South Franklin Street. She pointed out their parking lot is for clients and senior staff leaving many employees to find a place to park. Some employees have been parking along Franklin Street which is designated a Residential Parking Permit (RPP) street. They asked Council for any solutions to this parking problem and said they would be willing to pay for parking.

Mr. Butterfield pointed out the parking garage would be an option. He suggested contacting the Borough Manager to discuss this parking problem and to ascertain a solution.

Pat Small, The Horse Soldier expressed her concern regarding the street markings along the roadway. There aren't any meters in this location but tourist park anyway making it very dangerous. Mrs. Small said she contacted the Borough but is still waiting for a response. Manager Ford reported this was forwarded to Public Works Director Hilliard. She will follow up and also notify PennDOT of the safety hazard.

Manager Ford reported the Borough received notification of the DCNR Grant for the Gettysburg Area Recreation Park Master Site Plan for $40,000 to fund a Master Site Plan Study 50/50 match. She recommends Council appoint a project coordinator and Chief Project Official as one of the requirements.

Moved Mr. Birkner, seconded Mrs. Naugle to appoint Ramona Overton as the local project coordinator and to appoint Susan Naugle as the Chief Project Official. Motion carried unanimously.

Moved Mr. Streeter, seconded Mr. Krummerich to enact an ordinance amending Chapter 4, 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.

Moved Mr. Krummerich, seconded Mr. Streeter to ratify Agreement with Gettysburg Hospital/Wellspan Health for the use and improvement of certain Borough Parking facilities located in the Gettysburg Borough Recreation Park for a term to expire January 31, 2012. Motion carried unanimously.

Solicitor Eastman reported he advertised the Towing Ordinance to be on Borough Council agenda at its next meeting.

Ms. Estrada asked the status of the Chapel on Chambersburg Street. Ms. Bush responded they were given another 30 days to comply and if not they would be asked to take it down.

Mrs. Naugle noted the Elm Street report talks about the police sub-station and asked that they give a presentation to Council regarding this. Kathy Gilbert reported she serves on the Elm Street Advisory Board and that it would be a good idea to give a presentation.

Darlene Brown announced the Halloween Parade is scheduled for Tuesday, October 26th.

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

Respectfully submitted,

Sara L. Stull

Borough Secretary