Council Meeting

President Michael Birkner called the meeting to order at 7:00 PM with the following Councilors present: Vice President Jacob Schindel, Mr. John Butterfield, Mrs. Susan Naugle, Mr. Graham Weaver, Ms. Rebecca Brown, Mr. Robert Krummerich, Mr. Scot Pitzer, Mr. Kyle Leinbach and Mayor William Troxell. Staff present included: Manager Charles Gable; Borough Secretary Sara Stull; Solicitor Harold Eastman; Chief Joseph Dougherty; Finance Director Nicolette James; Planning Director Scott Dellett and Public Works Director Dan Hilliard.

Others present included: David Bolton, Adams County Boroughs Association; Jens Damgaard, Rhoads & Sinon; Gary Pulcini and Robert Fuller of Capital Markets Management; Mark Guise, Gettysburg Municipal Authority Utilities Manager; Dorothy Puhl and Susan Cipperly, GMA Board Members; Darlene Brown, PICPI, 40 East High Street; Charles Strauss, 38 West Middle Street; Wesley Heyser, 226 North Stratton Street; Tom McKenney, 150 York Street; Amybeth Hodges, The Brafferton Inn, 137 Ridge Avenue; Steve Hemler, 535 York Street; Gregory Kirsapp and Alexa Cardena Gettysburg College students. Representing the press was Jim Hale of the Gettysburg Times.

President Birkner announced that he is rescinding his letter of resignation as a member of the Gettysburg Borough Council, which he announced at the February Borough Council meeting. He read a prepared statement noting that it was an accumulation of factors including requests from citizens, and most effectively from Councilman Graham Weaver. He stated that Council cannot afford the disruption that would accompany the changes in leadership at this time. President Birkner said that he feels it's important to complete his term of office, which concludes December 31, 2015. His letter is attached.

President Birkner announced that the Gettysburg Borough Council conducted an executive session immediately following the adjournment of its monthly general business meeting held on February 9, 2015 consistent with section 708(a)(2) and section 708(a)(4) of the Sunshine Act. An executive session of the Borough Council will be conducted immediately following the adjournment of this meeting consistent with section 708(a)(1), section 708(a)(2) and section 708(a)(3) of the Sunshine Act for the following purposes: (1) to discuss matters involving the employment, terms and conditions of employment, the furloughing or termination of employment of certain Borough employees; (2) to receive information related to the arbitration of a collective bargaining agreement with the Teamsters Local No. 776; and (3) to consider the purchase or lease of real property by the Borough.

Mr. Weaver asked that the motion for the Intergovernmental Cooperation Agreement for the School Resource Officer with Cumberland Township be removed from the agenda. He said that this item was added at the last minute and more time is needed to review the agreement.

Solicitor Eastman explained that the School Resource Officer has been discussed for months, and was approved at the last Public Safety Committee that Mr. Weaver chairs, to place on the March Council agenda. Solicitor Eastman pointed out that the motion is only to authorize the solicitor to prepare the ordinance for placement on the April Council agenda for approval. 

At this time discussion ensued regarding the School Resource Officer.

President Birkner remarked that Solicitor Eastman was doing his due diligence in reviewing the agenda items. He said that if the Public Safety Committee Chair wants to review the document further, then the item should be removed from tonight's agenda. 

Moved Mr. Weaver, seconded Mr. Butterfield to remove the motion from the agenda regarding the Intergovernmental Cooperation Agreement for the School Resource Officer with Cumberland Township. Motion carried unanimously.

Moved Mr. Pitzer, seconded Mr. Butterfield to approve the March 9, 2015 agenda after removing the School Resource Officer motion. Motion carried unanimously.

Moved Mr. Butterfield, seconded Ms. Brown to approve the minutes of the February 9, 2015 meeting after making the following amendments: On page 2, 4th paragraph, line 3 should read: It may be quite an eye opener for the taxpayers who are paying for services in the Borough of Gettysburg. Page 5, 4th paragraph, line 5 amended to read: Bob Krummerich stated that the Borough Reserve Funds are key to the Borough's A+ bond rating, which alleviates the need for GMA to spend thousands of dollars getting bond insurance. Motion carried unanimously.

Special Presentations:

Mark Guise, Gettysburg Municipal Authority (GMA) Utilities Manager, introduced Attorney Jens Damgaard of Rhoads & Sinon; Gary Pulcini and Robert Fuller of Capital Markets Management, Dorothy Puhl and Susan Cipperly of the GMA Board. Mr. Guise announced that GMA is seeking financing options to fund its interceptor project a major infrastructure improvement project. He gave a brief background about the project, and said that it is the main trunk line that brings the sanitary sewer to the waste water treatment plant. Mr. Guise reported that 3.3 million to 7 million dollar bids were received.

Gary Pulcini and Attorney Jens Damgaard addressed Council regarding the financing options for the GMA infrastructure improvement project. They presented Council with three options: 1) General Obligation Bonds; 2) Guaranteed Revenue Bonds and 3) Revenue Bonds. 

John Butterfield asked if guaranteeing the Guaranteed Revenue Bonds would in any way affect the Borough's credit rating. Mr. Pulcini responded no as long as GMA maintains the ability to pay down the bonds. Mr. Butterfield asked if there would be any additional workload imposed on Borough Staff. Mr. Pulcini responded that there would be annual SEC and IRS filings but that should be all.

At this time discussion ensued regarding the financing of the GMA infrastructure improvement project. The staff recommends option #2; for Council to approve the proposed ordinance that will provide a Gettysburg Borough guarantee allowing GMA to issue Guaranteed Revenue Bonds for the Sewer Interceptor Replacement Project. 

President Birkner asked if Council wishes to make a motion or informally authorize GMA to proceed with advertising the ordinance. The consensus of Council was to informally agree that GMA proceed with the advertisement and place ordinance proposal on the April agenda.

David Bolton, VP & Legislative Chair, Adams County Boroughs Association (ACBA), asked Council to consider adopting the Industrial Hemp Cultivation Resolution. He said that all municipalities were asked to support this for the economic and environmental potential to be realized by the reintroduction of industrial hemp to our lands and markets. Mr. Bolton said that ACBA adopted the resolution in November 2014 by a unanimous vote, and fifteen municipalities have approved the resolution to date.

Kyle Leinbach asked if Senate Bill 50 specifies any hemp economic development for Gettysburg Borough or Adams County. Mr. Bolton responded that it doesn't specify any specific areas. It does state that it needs the cooperation of the AG Department for the state and universities in order to come up with the data that the United States Department of Agriculture will review.

John Butterfield asked if organizations such as PSAB, PML, PSATS, the PA Farm Bureau and the Penn State College of Agricultural Sciences were supporting SB 50. Mr. Bolton said none had but that PSAB would be considering it at their annual convention. Mr. Butterfield asked Mr. Pitzer if Senator Alloway was a co-signer of SB 50. Mr. Pitzer replied that he does not represent Senator Alloway on Council, but it's his understanding that the Senator has not co-signed on to the Bill.

At this time discussion ensued regarding the Industrial Hemp Cultivation Resolution. Council agreed to refer this item to the Legislative Committee for further review. 

Public Comment:

Wesley Heyser expressed his concern regarding the recent police officer furloughed, noting that it reduces the police force to ten members. Mr. Heyser said that the furloughed officer can fill shifts to cover for vacations at his hourly rate, so it may not be a savings to the Borough. He also noted that the Civil Service Commission has had a difficult time getting applicants for police testing. Mr. Heyser said that he does understand that this furlough resulted due to the police arbitration award.

President Birkner said that Council cannot comment about the police officer furlough at this time. 

Steve Hemler questioned Council as to why the police budget salaries line item was decreased in 2015 to $478,101, and the actual salaries were $649,317 in 2014. He feels that Council's intentions are to eliminate several police officers. Manager Gable explained that he prepared the budget differently this year, and that separate line items were created for vacation, sick, personal and court time, and these line items were separated from their wages, showing the decrease. Mr. Gable noted that in the past budgets, it was all incorporated on one line item.

President Birkner addressed Mr. Hemler's comment regarding a Council conspiracy to remove three police officers, and said that he has never heard this discussed with Council members. He said that this should not be in the public discourse because it is so far removed from anything Council discusses in their business. President Birkner asked Mr. Hemler to schedule an appointment with the Borough Manager or Finance Director so that the police budget items can be explained to him in greater detail. 

Sue Cipperly addressed Council to express her concerns regarding the parking meter rate change to $1.00 per hour. She said that the meters located farther from the square are cheaper, and provided reasonable parking for residents, and people that work in town. Ms. Cipperly said that with the increased rate, it would cost these people approximately $160.00 each month to park. She asked that Council consider other alternatives.

Kyle Leinbach said that staff is currently working on other alternatives for Borough residents and people who work in the Borough.

Scot Pitzer noted that the meter increase was a short-term solution to avoid raising property taxes, but said that he does support raising the parking meter rates to $1.00 per hour.

Amybeth Hodges introduced herself and said that she is a Third Ward candidate for Borough Council. 

Mayors Remarks:

Mayor Troxell reported that the Adams County Boroughs Association will meet on March 16th at the Pike Restaurant. The guest speaker is Steven Scherm, Adams County Information Technology Director. 

John Butterfield asked about the status of the resolution that he had prepared for Japan. He noted that at the last Council meeting, the Mayor asked for suggestions from any Council members that have any suggestions and to contact him. Mayor Troxell said that he has not heard anything to date but will bring the resolution back to Council when it is ready for adoption.

Council Reports:

Scot Pitzer asked President Birkner that based on his workload, if he is still willing to serve as the Council President. President Birkner replied yes.

Kyle Leinbach commended Mr. Birkner, and said that it is a really noble move to honor his obligation to the Borough taxpayers. He said that he is concerned because his resignation statement said that he didn't want to short-change the citizens or other organizations. President Birkner said that he will arrange his schedule so that he meets his obligations. He said that he feels at this time he can handle both his work load and his Council duties.

Jacob Schindel:

Legislative

Jacob Schindel reported that Congressman Scott Perry is holding a town hall meeting in Heidlersburg tonight.

Mr. Schindel reported that Senator Alloway will hold a meeting in Gettysburg at the Recreation Park on April 17th. A meeting is also scheduled at his new Hanover office on March 10th.

Mr. Schindel reported that the Chamber of Commerce will hold its annual Legislative Forum on March 13th at 11:30 AM at the Harrisburg Area Community College. If anyone is interested in attending should contact the Chamber.

Mr. Schindel said that he will contact David Bolton to schedule a meeting with the Legislative Committee to discuss the Industrial Hemp Cultivation Resolution. 

Gettysburg Area Recreation Authority (GARA)

Mr. Schindel reported that GARA did not hold a meeting in February due to the weather. The next meeting is scheduled for March 17th, and said that they will discuss the Joint Comprehensive Plan.

John Butterfield:

Finance

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

Moved Mr. Butterfield, seconded Mr. Leinbach to enact an ordinance amending Chapter 15, Part 4 and Part 5 of the Code of Ordinances of the Borough of Gettysburg for the purpose of increasing parking rates and fees to $1.00 per hour for parking meters in certain locations of the Borough of Gettysburg which are designated for twelve (12) hour parking time limits. YEA: Ms. Brown, Mr. Butterfield, Mr. Krummerich, Mr. Leinbach, Mr. Pitzer, Mr. Schindel, Mr. Weaver and Mr. Birkner. NAY: Mrs. Naugle. The vote passed 8 YEA/1 NAY.

Moved Mr. Leinbach, seconded Mr. Pitzer to amend the parking rate motion to read "and authorize Borough Staff to prepare two programs providing reduced rate services to the people who live and work in the Borough: one program to provide a permit for residents usable at the metered parking after 5:00 PM; and one program to provide a reduced rate monthly permit for the parking garage for people who can provide a pay stub from a Borough business". YEA: Mr. Leinbach, Mr. Pitzer and Mr. Schindel. NAY: Ms. Brown, Mr. Butterfield, Mr. Krummerich, Ms. Naugle, Mr. Weaver and Mr. Birkner. The vote failed 3 YEA/6 NAY.

Mr. Weaver also asked to amend the motion to add another clause to include overnight guest at hotels and other lodging establishments to give them a break in parking. After some discussion Mr. Weaver withdrew this additional clause and said that he wants staff to investigate the options.

President Birkner asked Mr. Leinbach if he feels that these three clauses should be added to the motion on the table tonight or take back to the Finance Committee for further discussion. Mr. Leinbach responded that he worded his motion this way was to authorize the Borough Staff to move forward to study both the garage rate reduction and evening meter relief for workers and residents. Mr. Weaver agreed and said that he would like Borough staff to explore this further. He said that more information is needed regarding a break for guests in local lodging establishments.

Solicitor Eastman recommended a motion for the mandate since this ordinance had already been advertised. He said it is best to separate the legislative action from the policy action.

Discussion ensued regarding the parking rate motion and amendments. Council agreed that more time is needed to review the various options. Borough Manager Gable said that staff has been reviewing the various options, and welcomed additional time to think through the implications. 

Mr. Butterfield reviewed the financial reports. He noted that the pillow tax collected for 2014 was $150,047.29, and said that Council budgeted $110,000. 

Mr. Pitzer asked if there are any shortfalls in the budget since the new parking equipment was not in place and the parking department was not yet transferred. Mr. Butterfield said this will be discussed at the upcoming Finance Committee meeting. Mr. Pitzer then asked the Manager or Finance Director if they new of any shortfalls, and if the 2015 Budget predicated that these items be in place for the full twelve months. Manager Gable responded that a shortfall is not known at this time, and yes the budget did include the full year.

Susan Naugle

Community Development

Mrs. Naugle reported that the Adams County Farmers Market requested that a portion of Culp Street to be closed during the farmers market. They will meet with Scott Dellett to discuss the closure further and finalize the plans. 

Moved Mrs. Naugle, seconded Mr. Pitzer to approve and authorize the issuance of Certificates of Appropriateness for items A (243 Steinwehr Avenue), B (131 York Street) and C (297 Steinwehr Avenue), as set forth in the minutes of the February 18, 2015 meeting of the Historic Architectural Review Board consistent with the findings and recommendations of HARB as set forth therein. Motion carried unanimously.

Mrs. Naugle reported that Elm Street indicated that the $5,000 contribution from the Borough will be used to install dusk-to-dawn lights. They are working with Chief Dougherty to locate areas in the Olde Getty Place for placement of the lights.

Main Street Gettysburg

Moved Mrs. Naugle, seconded Mr. Butterfield to approve the Memorandum of Agreement between the Borough of Gettysburg and Main Street Gettysburg, Inc. The motion was post-poned.

Discussion ensued regarding some minor changes that were made to the Memorandum of Agreement. Members would like more time to review the final version of this agreement.

Moved Mr. Pitzer, seconded Mr. Leinbach to post-pone the Main Street Memorandum of Agreement motion until the April Council meeting. Motion carried unanimously. 

Gettysburg Municipal Authority (GMA)

Mrs. Naugle explained two new rule changes: 1) The fire protection/sprinkler systems for residential properties reduces the pressure by water going through a meter to a sprinkling system to a point that it doesn't work. GMA added the language that if they want to install a sprinkler system, which is not required under the law, they would allow an additional second line to be added at a fee of $10.00 per quarter; 2) It pertains to vacant or demolished properties where the meter is removed, and customers are no longer paying for water and sewer. GMA will now charge a minimal fee since the owners were benefitting from any upgrades made to the water and sewer lines. 

Gettysburg Inner Loop

Mrs. Naugle extended an invitation for Council to attend the South Mountain Partnership on Friday, April 10th to be held at the Gettysburg AG Center. Invited guests have included the Acting Secretary of DCNR, Cindy Dunn, and the Acting Secretary of Agriculture, Russell Redding.

Graham Weaver

Public Safety 

Moved Mr. Weaver, seconded Mr. Krummerich to authorize the solicitor to prepare, finalize and to publish for enactment at the April 13, 2015 monthly general business meeting of the Borough Council an ordinance amending Chapter 13, Part 9 of the Code of Ordinances of the Borough of Gettysburg, relative to revising carriage standards and safe-seating capacity regulations and the elimination and repeal of the testing provisions and requirements for horse-drawn carriages and carriage operators. Motion carried unanimously.

Rebecca Brown

Human Resources

Moved Ms. Brown, seconded Mr. Leinbach to authorize the solicitor to finalize and to publish for enactment at the April 13, 2105 monthly general business meeting of the Borough Council an ordinance amending Chapter 1, Part 4 of the Code of Ordinances of the Borough of Gettysburg, relative to the functions of the Borough Parking Department and the administration and supervision of public parking programs, systems and facilities of the Borough. Motion carried unanimously.

Mrs. Naugle said that this is a good move for the Borough pointing out that there was a Parking Department in the past for many years. She said that after it was disbanded, it was very difficult to get an analysis because it was spread out in several areas of the budget. Mrs. Naugle said that this will provide better efficiency for the Borough to get more detailed reports on parking.

Mrs. Naugle asked Chief Dougherty what the percentages of citations are issued by the police department. Chief Dougherty responded that the Parking 

Department would issue more citations than the police.

Mr. Leinbach asked if the ORI number has been obtained yet for the Parking Department. Manager Gable responded that until the ordinance is enacted the Borough cannot apply for it.

Moved Ms. Brown, seconded Mr. Pitzer to adopt a resolution appointing Rodger Goodacre as a member of the Borough Zoning Hearing Board to complete the unexpired term of Mark Weaver. This term will expire on December 31, 2016. Motion carried unanimously.

Moved Ms. Brown, seconded Mr. Butterfield to adopt a resolution appointing 

Peter L. Smith as an alternate member of the Borough Zoning Hearing Board to complete the unexpired term of Rodger Goodacre. This term will expire on December 31, 2016. Motion carried unanimously.

Robert Krummerich

College Community

Mr. Butterfield asked when the next College Community Committee meeting is scheduled. Mr. Krummerich said that he is waiting to hear if the College has anything for discussion to schedule a meeting. Mrs. Stull noted that there were four College Community Committee meetings that were advertised for 2015. She pointed out that this Committee was formed many years ago to address issues that were occurring at the College.

Mr. Pitzer suggested Council review this to see if the College Community Committee is necessary anymore. He said that those meetings are generally public comment sessions, and that there is no legislation that moves out of this Committee to Council. Mr. Pitzer said that if the College should have any issues to discuss, they could attend the Council meetings to address them. 

President Birkner said that the Committee was most useful in providing an opportunity for people to express issues related to College student's behavior, and to also forward information to the College and Borough Council on issues that arise. He said that if there aren't any complaints from the citizens, then there may not be a need to meet on a regular basis. President Birkner said that Council can choose to continue conducting these meetings as needed, or the College can attend Council meetings when issues arise.

Mrs. Naugle said that it also depends on how the College sees this Committee functioning in the future, and what may meet their needs.

Council members agreed that if there aren't any issues for the Committee to discuss, then there would be no reason to conduct a meeting.

Manager Report

Manager Gable reported that the Gettysburg National Military Park Advisory Commission is seeking an appointment to serve on this Board. Mayor Troxell has served on the Board for many years, and his term has expired in October. Council can submit two candidates to the Secretary of the Interior to consider for appointment for a three-year term.

Mr. Butterfield suggested that interested members should inform the Human Resources Committee for consideration.

Manager Gable reported that the Adams County Transportation Planning Organization has developed a Draft Public Participation Plan for Adams County. The comment period will run from March 2nd through April 17th.

Department Reports

President Birkner praised the Public Works Crew for their work during the recent snow storms.

Public Works Director Dan Hilliard reported that the crew is currently repairing pot holes through-out the Borough.

Mr. Pitzer said that the Police and Public Works Crew are doing fine jobs.

Public Comment 

There was no public comment at this time.

Other Business

Mr. Pitzer asked Steve Hemler to present Council with the budget page that he was asking about earlier tonight, so that Council can review it.

Mr. Pitzer announced that a First Ward Town Hall meeting will be held on March 23rd at the Gettysburg Fire Department.

Moved Mr. Butterfield, seconded Mr. Leinbach to adjourn the meeting to an executive session at 9:50 PM.

Respectfully submitted,

Sara L. Stull

Borough Secretary