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; Public Works Director Dan Hilliard and Chad Clabaugh, Borough Engineer, C. S. Davidson.

Others present included: Gary Shaffer, HARB Chairman; Darlene Brown and Stephanie McIlwee, 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; Charles Teague, East Middle Street; Bill Baldwin, Gettysburg College; Lisa Grim, The Pub Restaurant, Lincoln Square; Representing the press were Jim Hale of the Gettysburg Times and Eric Blum of the Evening Sun.

President Birkner announced that the Borough Council of the Borough of Gettysburg conducted an executive session immediately following the adjournment of its monthly general business meeting held on April 13, 2015 consistent with section 708(a)(1) of the Sunshine Act. An executive session of the Borough Council will be conducted immediately prior to the adjournment of this meeting consistent with section 708(a)(1), section 708(a)(2) section 708(a)(3) and section 708(a)(4) of the Sunshine Act for the following purposes: (1) to discuss matters involving the employment of certain Borough employees; (2) to receive information related to the termination of a grievance filed by the Teamsters Local 776; (3) to consider the lease of Borough property and related matters to include the engagement of a professional consultant relative to wireless lease negotiations; and (4) to consult with its solicitor regarding information and strategy in connection with pending litigation in the United States District Court, Middle District of Pennsylvania, No. 1:14-CV-02002, captioned Sudhir Gangwal, Plaintiff v. Christopher Folster, individually and as an employee of the Gettysburg Borough Police Department, Defendant.

Susan Naugle made a request to add a motion to the agenda, noting that it is a time sensitive matter. The motion is to provide a letter of commitment to contribute a $46,000 match for the Department of Community and Economic Development (DCED) grant for the South Street Project.

Moved Mr. Schindel, seconded Ms. Brown to approve the May 11, 2015 agenda as amended. Motion carried unanimously.

Moved Mr. Butterfield, seconded Ms. Brown to approve the minutes of the April 13, 2015 Borough Council meeting as presented. Motion carried unanimously.

Special Presentations:

Scott Dellett said that in celebration of Historic Preservation month, the Historical Architectural Review Board would like to recognize certain properties. He noted that awards are presented to property owners that demonstrate outstanding performance in maintaining and rehabbing buildings and properties in the Historic District. The 2015 Preservation Awards will be presented for Exceptional Merit, Merit and Honorable Mention.

Gary Shaffer presented certificates to the following: Certificate of Exceptional Merit; Rehabilitation to 221 South Washington Street, Dale and Dorothy Piper, owners; Certificate of Merit; addition to 208 Baltimore Street, Presbyterian Church of Gettysburg, owner: and Certificates of Honorable Mention will be distributed at a later date to: 400 Baltimore Street, David and Kathy Reid, owners; 117 York Street, St. James Lutheran Church, owner; and 18 Carlisle Street, Times Square, LLC, owners.

Public Comment:

Wesley Heyser expressed his concerns with the recent rumors regarding the outsourcing of the police department, and asked if Council could share any information with the public.

Graham Weaver responded that meetings were held with Cumberland Township to explore the possibilities of outsourcing. Another meeting has been scheduled in June, but at this point, he doesn’t believe this will move forward as it may not be in the best interest of the Borough.

Manager Gable noted that these meetings have been handled administratively and not during committee meetings. He said that he along with, Councilman Weaver, and Mayor Troxell had met with the Cumberland Township Manager.

Tom McKenney expressed his concern that he couldn’t locate the draft outdoor dining ordinance on the Borough Website, and asked that it be updated. He said that he feels it is premature to move forward with the ordinance so that Council can review the fee structure further. Mr. McKenney said that Council should look for additional revenue streams.

Scott Dellett said that the outdoor dining ordinance is on the Website, and can be located on the Borough’s homepage. Solicitor Eastman also noted that the full ordinance was advertised in the Gettysburg Times and was available at the Borough office for review.

Charles Teague said that he appreciates the initiative for outdoor dining on Lincoln Square, and noted that this subject has been discussed for a few years. His concern is that he heard that the Borough is limited to its charges for permitting to the administrative costs of doing that. He said that it is similar to the Borough charging fees for the rental of pavilions at the Recreation Park, and that the Borough should assess what fees they feel is appropriate.

Mayors Remarks:

Mayor Troxell reported that he had a group of visitors today touring Gettysburg from the Borough’s Sister City, Leon, Nicaragua.

Mayor Troxell noted that the police department received a cake from a family in Colt Park recently for the help given to them.

Michael Birkner:

President Birkner said that a letter was received recently from David Sites asking for a workshop with Council to review Main Street Gettysburg and its mission. He serves as the Development Chair and is interested in gathering information.

Graham Weaver expressed his concern with conducting a special meeting, and suggested that Mr. Sites attend a Council Meeting to discuss the matter.

Bob Krummerich agreed and suggested that the other agencies requesting funding should be invited to attend. Susan Naugle explained that Mr. Sites wanted to have a dialogue now to make plans moving forward with Main Street and its future.

After some discussion it was determined that President Birkner would send a letter to Mr. Sites asking him to attend a Council meeting, and not hold a special workshop session.

President Birkner announced that the PA Municipal League Annual Convention will be held in June in Allentown, PA. He asked if any Council members were interested in attending and representing the Borough as a voting delegate. At this time no one had an interest in attending the conference.

Jacob Schindel:

Legislative

Jacob Schindel reported that the Legislative Committee will meet on Thursday, May 21st at 3:00 PM. He also asked that the Public Works Committee meeting be rescheduled from Tuesday, May 19th to Tuesday, May 26th at 2:00 PM.

Moved Mr. Schindel, seconded Mrs. Naugle to authorize the Borough Engineer to advertise for bids for the 2015 Community Development Block Grant (CDBG) Curb Ramp Project. Motion carried unanimously.

Moved Mr. Schindel, seconded Mr. Leinbach to authorize the Borough Engineer to advertise for bids for the paving portion of the East Middle Street Reconstruction Project. Motion carried unanimously.

Moved Mr. Schindel, seconded Mr. Leinbach to adopt a resolution for additional street lights between the Borough of Gettysburg and Metropolitan Edison Company to provide energy, lamp and photo-control maintenance to one company owned, 100-watt, high pressure sodium vapor, cobrahead street light. It is located at the intersection of Markley and Sheely Alleys near the rear of 429 Carlisle Street on pole number 14586-18411. Motion carried unanimously.

Moved Mr. Schindel, seconded Mr. Leinbach to adopt a resolution for additional street lights between the Borough of Gettysburg and Metropolitan Edison Company to provide energy, lamp and photo-control maintenance to one company owned, 100-watt, high pressure sodium vapor, cobrahead street light. It is located in the front of 90 Springs Avenue, on pole number 14359-18158. Motion carried unanimously.

Gettysburg Area Recreation Authority (GARA)

Mr. Schindel reported that the GARA Board will meet on May 12th to review the Strategic Plan with Ms. Chambers from Penn State.

John Butterfield:

Finance

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

Moved Mr. Butterfield, seconded Mrs. Naugle to transfer $418,296.25 from the General Fund (Fund 01) to the Debt Services Fund (Fund 23), for the purposes of paying down the debt of the Borough, consistent with the creation of the Debt Services Fund in the adoption of the 2015 Borough Budget, on December 8, 2014. Motion carried unanimously.

Moved Mr. Butterfield, seconded Ms. Brown to adopt a resolution amending and establishing certain rates, fees and charges for parking in the Borough's parking garage. Motion carried unanimously.

Moved Mr. Butterfield, seconded Mr. Krummerich to approve the revised 2015 Minimum Municipal Obligation (MMO) for the Gettysburg Police Pension Plan to reflect the $0 for employee contributions. Motion carried unanimously.

Susan Naugle

Community Development

Moved Mrs. Naugle, seconded Mr. Leinbach to approve and authorize the issuance of Certificates of Appropriateness for items B (239 Carlisle Street), C (323 Baltimore Street) D (154 and 158-160 East Middle Street), and E (105 East Middle Street) as set forth in the minutes of the April 15, 2015 meeting of the Historic Architectural Review Board consistent with the findings and recommendations of HARB as set forth therein. Motion carried unanimously.

Main Street Gettysburg

Mrs. Naugle reported that the Main Street Stakeholders for the Baltimore Street project held a meeting recently to discuss the upcoming project.

Gettysburg Municipal Authority

Mrs. Naugle reported that a special meeting will be held on May 12th to finalize the bond issuance for the interceptor project.

Moved Mrs. Naugle seconded Mr. Leinbach to provide a letter of commitment to contribute a $46,000 match for the Department of Community and Economic Development (DCED) grant for the South Street Project. Motion carried unanimously.

Stephanie McIlwee, Elm Street Manager, explained that this was first presented to Council on June 10, 2013, and the resolution and cooperation agreement were approved at that time. She said that DCED cut funding for Elm Street projects, and so this was put on hold. Mrs. McIlwee said that in April 2015 she was informed that funding is now available, but that she would need to get all the documents updated and presented to DCED. She said that since this is 2014 funding, the deadline for submittal is June which makes this time sensitive.

Mr. Butterfield asked if any committee had vetted the May 4th letter from Mrs. McIlwee in which she asks for the Borough to commit to a $46,000 match for the South Street project. He reminded Council that there is a procedure for handling requests such as this and asked that it be followed.

Mrs. Naugle pointed out that this has been on the Community Development Committee each month for discussion. Mr. Leinbach and Ms. Brown also said that it had been discussed numerous times since it was presented in 2013.

Graham Weaver

Public Safety

Moved Mr. Weaver, seconded Ms. Brown to enact an ordinance authorizing the entry into an Intergovernmental Cooperation Agreement for School Resource Officer with Cumberland Township for the purpose of delegating and conferring upon the School Resource Officer the powers and authority of a sworn municipal police officer with concurrent jurisdiction within the territorial limits of the Borough of Gettysburg at school properties of the Gettysburg Area School District located within the Borough for the performance of police services consistent with an Agreement for School Resource Officer dated February 2, 2015 between the School District and the Township. The motion carried 8 to 1 with Mr. Pitzer the dissenting vote.

At this time discussion ensued regarding the School Resource Officer’s regulations.

Moved Mr. Weaver, seconded Ms. Brown to enact an ordinance amending Chapter 13 of the Code of Ordinances of the Borough of Gettysburg, Licenses, Permits and General Business Regulations, for the enactment and adoption of regulations relative to outdoor dining areas in or adjacent to the public rights-of-way and amending Chapter 21, regulating Borough Streets and Sidewalks in order to incorporate such outdoor dining area regulations. The motion carried 8 to 1 with Mr. Leinbach the dissenting vote.

Some discussion took place regarding the outdoor dining, and Mr. Weaver noted that only a few businesses showed an interest in this and most didn’t attend the meetings.

Moved Mr. Weaver, seconded Mr. Krummerich to adopt a resolution establishing annual permit fees and liability insurance requirements for outdoor dining areas operators and permit holders. The motion carried 8 to 1 with Mr. Leinbach the dissenting vote.

Moved Mr. Weaver, seconded Mr. Krummerich to set a special meeting of Borough Council to be held on Monday, June 8, 2015 at 6:30 p.m. for the purpose of conducting a public hearing in order to receive comments and recommendations of interested individuals residing within the Borough of Gettysburg concerning an application filed by the Appalachian Brewing Company for the intermunicipal transfer of a restaurant liquor license for use in the Borough at 259 Steinwehr Avenue and for the purpose of rendering a decision to either approve or disapprove the Applicant's request for an intermunicipal transfer of the license. Motion carried unanimously.

Moved Mr. Weaver, seconded Mr. Leinbach to adopt a resolution for the adoption of the Adams County 2015 Hazard Mitigation Plan as the official Hazard Mitigation Plan of the Borough of Gettysburg. Motion carried unanimously.

Moved Mr. Weaver, seconded Mr. Pitzer to authorize the Civil Service Chairman Dave Sanders, to proceed with the Civil Service Police testing process for a patrol officer. Motion carried unanimously.

USS Gettysburg

Mr. Weaver announced that the USS Gettysburg plans to have a delegation visiting Gettysburg in July. He will have more details at the June meeting.

Rebecca Brown

Human Resources

Ms. Brown asked Council members to complete the evaluation forms for the Manager and return to Mrs. Stull by next month.

Robert Krummerich

College Community

Mr. Krummerich complemented Chief Dougherty who sat on the panel of the Community Partnership Campus Community Dialogue as part of the sexual assault awareness month for April.

Manager Report

Parking

Manager Gable introduced Rebecca Fissel who began full-time duties as a Parking Enforcement Officer on May 5th, replacing Oscar Colon who recently retired. He noted that Becca has worked part-time for the Borough for a number of years.

Manager Gable reported that the Borough phone extension #225 is a dedicated line for updates regarding the East Middle Street project.

Manager Gable gave a brief update regarding the new parking garage equipment which will be up and running on June 1st. He said that a press release will be out next week. A community meeting is scheduled for May 27th for citizens to see how the new parking garage system works. Manager Gable said that a representative from Hectronic will also be here to demonstrate the system.

Constellation Electricity Supply Agreement

Manager Gable reported that he was able to get a favorable rate adjustment to extend the agreement with Constellation Electricity for a four-year term.

Borough Secretary

Moved Mr. Butterfield, seconded Ms. Brown to accept the J.P. Harris Tax Exoneration report for tax years 2008, 2009, 2010, 2012, 2013 and 2014 as presented. Motion carried unanimously.

Department Reports

Mr. Pitzer asked Chief Dougherty for an update on the Memorial Day Parade. Chief Dougherty replied that the permits have been secured and that an alternate parade route was established due to the East Middle Street construction.

Mr. Dellett reported that the Borough received an application for a certificate of appropriateness from the Civil War Trust for the property at 401 Buford Avenue. He noted that this is the former General Lee’s Hotel and Appalachian Brewery and Restaurant. Mr. Dellett said that this will be on the upcoming HARB agenda.

Public Comment

Darlene Brown, PICPI, acknowledged Stephanie McIlwee and Chad Clabaugh for their dedicated work regarding the Elm Street project.

Wesley Heyser commented on the Elm Street project and noted that this is a very important street because the emergency vehicles use it.

Moved Mr. Butterfield, seconded Mr. Leinbach to adjourn the meeting to an executive session at 9:25 PM.

The meeting reconvened at 10:15 PM and made the following motions.

Moved Mr. Leinbach, seconded Mr. Krummerich to ratify the engagement of the Cohen Law Group by the Borough Manager relative to wireless lease negotiation services with Cellco Partnership d/b/a Verizon Wireless for the installation of wireless technology including antennas and related facilities within the Borough and for wireless ordinance review and revision. Motion carried unanimously.

Moved Mr. Leinbach, seconded Ms. Brown to consent to and approve an initial Rule 68, offer as reviewed in executive session and as authorized by the Borough’s professional liability insurance carrier, in connection with the litigation matter of Sudhir Gangwal, Plaintiff v. Christopher Folster, individually and as an employee of the Gettysburg Borough Police Department, Defendant, pending in the united States District Court, Middle District of Pennsylvania, No. 1:14-CV-02002. Motion carried unanimously.

With no further business to come before Council, moved Mr. Leinbach, seconded Mr. Krummerich to adjourn the meeting at 10:20 PM.

Respectfully submitted,

Sara L. Stull

Borough Secretary