Borough Minutes

Borough Council Meeting Minutes

June 13, 2011

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, Mr. Graham Weaver and Mayor William Troxell. Staff present included Manager Florence Ford, Borough Secretary Sara Stull, Solicitor Harold Eastman, Sgt Larry Runk, Finance Director Ramona Overton, Planning Director Scott Dellett and Public Works Director Dan Hilliard.

Others present included: Chad Clabaugh, C.S. Davidson Inc.; Helen Sajer, 2665 Lake Meade Road, East Berlin; Judie Butterfield, 999 Sunset Avenue; Jacob Schindel, Ragged Edge Coffee House, 110 Chambersburg Street; R Lasco, Ragged Edge Coffee House; Mark and Temma Berg, 175 Cold Springs Road; Clodius Willis, 140 East Middle Street and Rebecca Brown, 334 Baltimore Street.

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

President Butterfield announced that the Gettysburg Borough Council will conduct an executive session immediately following the adjournment of the meeting consistent with Sections 708(a) (2), and 708(a) (4) of the Sunshine Act for the purposes of providing information relative to the negotiation of a collective bargaining agreement with the police officers of the Borough and to consult with its solicitor regarding information or strategy in connection with pending or possible litigation.

The agenda was approved as presented.

With no changes to the May 9, 2011 minutes, they were accepted as written.

Special Presentation:

Major General Gerald Sajer's wife Helen Sajer presented the Mayor and Council with four banners to be placed at each entryway leading into town. Her husband recently died and she was happy to present the banners he designed for the upcoming Sesquicentennial celebration.

John Butterfield thanked Mrs. Sajer for the banners; the Borough staff will have them hung in the near future.

Citizens in Attendance:

Clodius Willis addressed council regarding the proposed new noise ordinance and asked about noises occurring at times other than the 11:00 pm to 6:00 am time period. Solicitor Eastman explained certain noises would be covered at other times depending on the situation.

Mayor Troxell thanked everyone for their help and concern during his illness and hospital stay. He appreciated the many cards and flowers he received. Mayor Troxell thanked Council for "a job well done" with the office building renovations. John Butterfield also thanked Mayor Troxell for his involvement.

President Butterfield announced the Open House on June 10th was successful. Many citizens came to have a tour of the building after the eight month long renovations. Mr. Butterfield thanked Susan Naugle and the team of help on the Borough Newsletter that came out in May.

Mr. Butterfield reported he accepted on behalf of Borough Council the State Senate Proclamation and Gettysburg 150th Anniversary Commemoration Medallion from the Sesquicentennial Steering Committee.

Mr. Butterfield also reported he signed a letter of support for the Public Lands and Highways Discretionary Program Grant Application for the Steinwehr Avenue Corridor Transportation and Safety Improvements project that was due. Ms. Estrada asked who is the applicant for this grant; the Borough or Steinwehr Avenue. Manager Ford responded Penn DOT is the sponsors; the Borough is only signing a letter of support for this project.

Moved Mrs. Naugle, seconded Ms. Giles to authorize and to ratify the submission of a grant application on behalf of the Borough of Gettysburg under the 2011 Public Lands highway Discretionary program for funding assistance in connection with the Steinwehr Avenue Corridor transportation and safety improvements. Motion carried unanimously.

Moved Ms. Giles, seconded Mrs. Naugle to adopt a resolution approving a certificate of the Board of Directors of the Gettysburg Area Industrial Development Authority requesting termination of the existence of Gettysburg Area Industrial Development Authority and authorizing the endorsement of the certificate and the submission of the endorsed certificate to the Secretary of the Commonwealth of Pennsylvania Motion carried unanimously.

The Borough Council thanked the GAIDA Board and acknowledged them for all their work.

Solicitor Eastman gave an overview of the proposed "Gettysburg Borough Comprehensive Noise Control Ordinance." He provided an outline of the development of the ordinance since the authorization to prepare the ordinance was given by the Borough Council last year at its July 12, 2010 meeting. He stated that noise ordinances from several Pennsylvania municipalities were reviewed and used in the development of the proposed ordinance. He also noted that several noise ordinances from municipalities outside of Pennsylvania were reviewed along with the EPA Model Community Noise Control Ordinance, although the EPA model ordinance could not be used as the basis of the proposed ordinance for the Borough because the Commonwealth of Pennsylvania has never adopted the necessary enabling legislation under the Federal Noise Control Act of 1972. Solicitor Eastman then provided a synopsis of the two approaches to noise control regulation. He noted that the preferred approach of the Pennsylvania appellate courts is defining illegal conduct on precise standards based on decibel levels. However, the enforcement of such noise ordinances requires a significant financial investment in the procurement of the necessary equipment to accurately measure decibel levels of noise, the training of law enforcement personnel to effectively use the equipment in the proper application of the standards set forth in the ordinance, and the requirement to have sufficient staffing of law enforcement personnel necessary to undertake the proactive enforcement required under such a noise ordinance. He explained that the proposed Gettysburg noise ordinance was based upon a reasonable person standard with an offending noise disturbance being based on noise which is offensive, loud or obnoxious to a reasonable person of normal sensibilities particularly when such a noise disturbance becomes a nuisance across property lines or on public rights-of-way or public spaces. Solicitor Eastman then provided a summary of the prohibited acts, exemptions and penalties for violations as set forth in the proposed noise ordinance.

Moved Mr. Birkner, seconded Mr. Weaver to authorize the solicitor to finalize and to publish for enactment the Gettysburg Borough Comprehensive Noise Control Ordinance. Motion carried unanimously.

Mr. Weaver asked what if the borough would need to have a reduction in police force within the four year period of the Department of Justice COPS grant. Manager Ford suggested contacting the Department of Justice for clarification.

Mrs. Naugle expressed concern if an additional police officer position is needed. She asked if this would reduce the overtime since the budget is tight. Mr. Birkner stated this is a good deal for the Borough to take advantage of and should proceed. Mr. Weaver noted the Cumberland Township police department currently has nine officers and attend to more calls than the Borough.

Moved Mr. Birkner, seconded Ms. Giles to ratify the application for a Department of Justice COPS grant for the funding of one (1) patrol officer. YEA: Ms. Estrada, Mr. Krummerich, Mr. Birkner, Ms. Giles, Mr. Butterfield and Mr. Streeter. NAY: Mr. Weaver and Mrs. Naugle. The motion passed 6-2.

Moved Mr. Birkner, seconded Mr. Krummerich to award a contract to C. E. Williams Sons, Inc. as the lowest, responsible bidder for the rental to the Borough of Gettysburg of heavy construction vehicles and equipment as set forth in the Borough's specifications and instruction to bidders. Motion carried unanimously.

Moved Mr. Krummerich, seconded Mr. Birkner to adopt a resolution closing out community conservation partnerships community pool feasibility study. Motion carried unanimously.

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

Moved Ms. Estrada, seconded Mr. Krummerich to approve and authorize the issuance of a Certificate of Appropriateness for item A (43-45 East Middle Street) item C (121-123 York Street) and item D (114 Chambersburg Street) as set forth in the minutes of the May 18, 2011 meeting of HARB consistent with the findings and recommendations of HARB as set forth therein. Motion carried unanimously.

Moved Mr. Streeter, seconded Mr. Birkner to approve the financial security for the completion of required improvements in connection with the Adams County Transit Authority Gettysburg Transfer Center land development project in the Borough of Gettysburg in the amount of $54,877.90 consistent with the certification of C. S. Davidson, Inc. Borough Engineers, dated February 24, 2011 and in a form authorized by the Pennsylvania Municipalities Planning Code. Motion carried unanimously.

Moved Ms. Giles, seconded Mr. Streeter authorizing the Borough of Gettysburg to execute and deliver a Subdivision and Land Development Improvement Construction Agreement and a Stormwater Management Practices, Facilities and System Maintenance and Monitoring Agreement with ACTA in connection with its Gettysburg Transfer Center land development project. Motion carried unanimously.

Moved Mr. Streeter, seconded Ms. Giles to authorize C. S. Davidson, Inc. to advertise the 2011 Street Improvements Project for Furnishing and placing approximately 26,200 SY of Microsurfacing Treatment Type "A" SRL "M" along with associated line painting. Motion carried unanimously.

Manager Ford announced she would be speaking at the upcoming Healthy Adams Summit Conference on June 22nd.

Moved Mr. Streeter, seconded Mr. Weaver to accept the J. P. Harris Tax Exoneration report as presented. Motion carried unanimously.

The meeting was adjourned to an executive session.

With no further business to come before Council moved Ms. Giles, seconded Mr. Birkner to adjourn the meeting at 9:00 pm.

Respectfully submitted,

Sara L. Stull

Borough Secretary