Borough Minutes

Borough Council Meeting Minutes

July 11, 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, Mrs. Claire Lewis, Mr. Graham Weaver and Mayor William Troxell. Solicitor Harold Eastman was absent. Staff present included Manager Florence Ford, Borough Secretary Sara Stull, Chief Joseph Dougherty, Finance Director Ramona Overton, Planning Director Scott Dellett and Public Works Director Dan Hilliard.

Others present included: Craig Witmer, CPA, CGFM, Smith Elliot Kearns & Company; Chad Clabaugh, C.S. Davidson Inc.; Darlene Brown, PICPI-ACHA, 40 East High Street; John Spangler, Lutheran Theological Seminary, 61 Seminary Ridge; Jacob Schindel, Ragged Edge Coffee House, 110 Chambersburg Street; R Lasco, Ragged Edge Coffee House; Kathy Gilbert, Gettysburg Day Spa, 39 South Street; Paige Levan and Polly Parone, Kilwins Chocolates, 37 Steinwehr Avenue; Gareth Biser, Hazel Alley Association, 316 Barlow Street; Marian Davis, 141 Barlow Street; Molly Ecker, 48 East Stevens Street; Stan Clark 915 Fairview Avenue; John Shuss, 628 Fairview Avenue; Judie Butterfield, 999 Sunset Avenue; Ted, Sally and Scott McPherson, 250 Carlisle Street; Jennifer Phillips, Baltimore Street; Judith Pyle, 302 Baltimore Street; Rebecca Brown, 334 Baltimore Street; Richard Ezell, 334 Baltimore Street; Larry G. Weikert, 328 Baltimore Street; Dave and Jane English, 68 West High Street; Bernadette Sterner, 408 Queen Street; Caroline Smith, 180 Confederate Drive and Joseph Breighner, 2442 Fairfield Road.

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

President Butterfield announced an executive session of the Gettysburg Borough Council was conducted immediately following the adjournment of the Borough Council meeting held on June 13, 2011 consistent with Sections 708 (a)(2) and 708(a)(4)of the Sunshine Act.

The agenda was approved as presented.

With no changes to the June 13, 2011 minutes, they were accepted as written.

Special Presentation:

Craig Witmer, CPA, CGFM, Smith Elliot Kearns & Company, gave a brief overview of the 2010 financial report that was distributed to Council. He pointed out the borough had a "clean audit opinion".

Mr. Butterfield thanked the Finance Department for all their work this past year and a successful audit.

Mr. Weaver asked if the employee pensions are included in the cash and investment comparison graph. Ms. Overton responded the assets and liabilities are presented in the Fiduciary Funds statements. The pension contributions are part of the expenditures of the General Fund and are included in the expense allocation graphs.

Public Comment:

John Shuss presented Council with his written comments regarding the proposed noise ordinance. See attached copy.

Judy Pyle commended Council for working so diligently on the proposed noise ordinance and hopes it is adopted tonight.

John Spangler commended Council for their work with the noise ordinance. He stated it is a good start but may not be where they want it to be. With outdoor concerts and traffic levels that are different, that may be something to keep in mind when amending.

Ted McPherson supports the noise ordinance noting it's a quality of life issue for some people.

Dave English agreed it's a quality of life issue, noting when the windows rattle at his residence at the corner of High and Washington Streets the noise is too loud.

Gareth Biser, Jennifer Phillips, Jane English and Bernadette Sterner were all in support of the proposed noise ordinance.

Councilman Birkner noted he received an email from Peter North, Gettysburg College and they are in support of the noise ordinance.

Mayor Troxell reported he received correspondence from a citizen that lives in the Colt Park area concerned about the industrial vehicles parked on Johns Avenue. John Butterfield responded that Council had informed her that these vehicles were only parked for a few days due to the road work on Steinwehr Avenue.

Ms. Giles reported the Certificate of Termination has been granted for the Gettysburg Area Industrial Development Authority. She noted any remaining funds would be transferred to the Borough.

Moved Mr. Birkner, seconded Mr. Weaver to enact the Gettysburg Borough Comprehensive Noise Control Ordinance. Motion carried unanimously.

Ms. Estrada pointed out that we don't want to be misleading to citizens because this is a subjective ordinance, noting it will be hard to enforce the motorcycles.

Mr. Streeter agreed with Ms. Estrada noting it's an impact on the police department and not enough staff to enforce.

Mr. Weaver said this is an important first step for Council. The motorcycles will be hard to control but this will help with other noise problems. He pointed out he has had numerous problems in his area.

Mrs. Naugle pointed out the noise is often times transient-here and then gone. The cost is an issue regarding decibel meters.

Mr. Krummerich agreed it would be costly to purchase the decibel meters but the ordinance would help with other noise issues.

Mrs. Lewis said Council worked on this ordinance for a long time to get to this point, it can always be amended as the need arises.

Manager Ford reported the bids for the street improvements project were 30% higher that our estimates. She recommends rebidding this next year.

Moved Mr. Birkner, seconded Ms. Giles to reject a contract to Breneman as the lowest, responsible bidder for 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.

Mrs. Naugle gave a brief update regarding the Gettysburg Inner Loop. HABPI was awarded a $5,000 grant for survey work which was completed by C. S. Davidson. The grant will be closed out: An application was presented to the Hoffman Trust but no grants were issued for the last grant cycle, the Trust will hold application for next time: We weren't awarded the Bikes Belong grant, it was very competitive (less than 20% of submissions were awarded grants): Submitting another grant application to the Hoffman Trust due July 15th : Healthy Adams Bicycle Pedestrian, Inc. is submitting a grant application for a Healthy People 2020 grant in the amount of $10,000, a letter of support from the Borough is needed. And Ms. Naugle, on behalf of the Borough, would like to prepare a grant application for a South Mountain Partnership Mini Grant-DCNR Grant, due July 31st. It is a 1 to 1 match and would be used to widen the Biser Fitness Trail. The match would be the Public Works Department doing the work plus cash and in-kind contributions from partners. Maximum grant amount is $40,000 and the application is due July 31st.

Moved Mrs. Naugle, seconded Mr. Birkner to approve the following grant activities related to the Gettysburg Inner Loop Project: 1) provide a letter of support to Healthy Adams Bicycle Pedestrian, Inc. for a Healthy People 2020 grant request; 2) resubmit the pending grant request to the Hoffman Trust; and 3) prepare an application for a south Mountain Partnership Mini Grant. Motion carried unanimously.

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

Moved Mr. Krummerich, seconded Mr. Birkner to authorize COLA increase for retired police pensioner Walter Gliem to be paid from the Police Pension fund effective June 1, 2011. Motion carried unanimously.

Moved Mr. Krummerich, seconded Ms. Estrada to accept the proposal presented by Kerry Moyer, Director of Research and President of The Civic Research Alliance, LLC to prepare a Five-Year Financial Plan for the Borough of Gettysburg. Motion passed 8-1 with Mr. Weaver dissenting.

Mr. Weaver asked if this would be funded with taxpayers' money. Manager Ford responded it would come from the budget surplus. Mr. Krummerich said the financial plan would be a valuable tool for Council to use.

Moved Ms. Estrada, seconded Mrs. Lewis a motion to approve and authorize the issuance of certificates of appropriateness for item A (65 East High Street), item C (54-56-58 Chambersburg Street), item D (37 Steinwehr Avenue), and item E (162 East Middle Street) as set forth in the minutes of the June 15, 2011 meeting of HARB consistent with the findings and recommendations of HARB as set forth therein. Motion carried unanimously.

Moved Ms. Estrada, Seconded Mr. Krummerich to refer to the Borough Planning Department and the Borough Planning Commission a request in a letter dated June 27, 2011 by Robert A. Sharrah of Sharrah Design Group on behalf of Jacqueline D. White to re-zone six (6) parcels on South Washington Street from HC Health Care Zoning District to TC Tourist Commercial Zoning District and to amend the Borough Zoning Ordinance to include Parking Lots/Parking Decks as a use-permitted by right in the TC Tourist Commercial Zoning District. Mr. Krummerich rescinded his vote, therefore the motion failed due to lack of a second.

Ms. Giles expressed concern that this is coming before Council and asked if this was a delay tactic; they continue to lack information regarding the project.

Ms. Estrada noted the planners may have discovered this is in the health care zone and need to have it changed. The property owners have the right to request to be rezoned.

Mrs. Naugle said she would be inclined to send this to the Planning Committee for review.

Moved Ms. Estrada, seconded Mr. Krummerich to refer to the Borough Planning Department and the Borough Planning Commission a request in a letter dated June 28, 2011 by Campbell & White, Attorneys at Law on behalf of Loring and Jean Shultz to re-zone property at 50 South Street (Rear) consisting of 3 adjoining parcels along the alley running parallel to Baltimore Street and currently owned by O'Shea Rentals Unlimited Inc. A roll call vote was taken. YEA: Mr. Birkner, Ms. Estrada, Mr. Krummerich, Mrs. Lewis, Mrs. Naugle, Mr. Streeter, Mr. Weaver and Mr. Butterfield. NAY: Ms. Giles.

Manager Ford reported the curb ramp documents were submitted to PennDOT for approval.

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

Chief Dougherty presented Council with an after action report for Bike Week July 8th and 9th. He reported there were 11 incidents reported on Friday and none were motorcycle related to Bike Week. There were 9 incidents reported on Saturday with 1 complaint for motorcycle noise.

Dan Hilliard reported the Steinwehr Avenue project is at 98% completion. A final walk-through is scheduled for July 18th.

Public Comment:

Stan Clark expressed his frustration that Council raised the mileage to 1 mil instead of a ½ mil to build up a budget surplus. He feels the Biser Fitness Trail is a waste of funds and that the money should be used on Borough streets.

Stan Clark also expressed his concern with the Borough hiring someone to conduct a Five-Year Financial Plan stating he read Cumberland Township's report and it's not feasible. He suggested Borough staff complete a plan in house.

Kathy Gilbert said the financial plan is a good idea and would support Council in conducting this report.

Becky Brown said the noise ordinance will be helpful for the police and is glad to see Council passed it.

Bernadette Sterner expressed concern with the weed growth on Steinwehr Avenue that is owned by the National Park Service and asked Council if anything can be done about it. This issue was referred to code enforcement to review.

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

Respectfully submitted,

Sara L. Stull

Borough Secretary