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. Kyle Leinbach, Mr. Robert Krummerich and Mr. Scot Pitzer. Staff present included Mayor William Troxell, Manager Peter Marshall, 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: Darlene Brown, PICPI-ACHA, 40 East High Street; Former Councilman, Charles Teague, 125 East Middle Street; Steve Hemler, 535 York Street; Stan Clark, 915 Fairview Avenue, and Harrison Reese, 275 Hospital Road.
Representing the press were Jim Hale ofthe Gettysburg Times, and Mark Walters of the Evening Sun.
President Birkner announced that the Gettysburg Borough Council conducted an executive session immediately prior to the adjournment of its December 9, 2013 meeting consistent with Section 708(a)(1), 708(a)(2) 708(a)(3) and 708(a)(4) of the Sunshine Act.
An executive session of the Borough Council was conducted immediately following the adjournment of its special meeting held on December 30,2013 consistent with Section 708(a)(2) o fthe Sunshine Act. An executive session of the Borough Council will be conducted immediately prior to the adjournment o this meeting consistent with 708(a)(1), 708(a)(2) and 708(a)(3) of the Sunshine Act for the following purposes: (1) to discuss matters involving the employment of Borough employees; (2) to receive information and to discuss matters related to the negotiation of collective bargaining agreements with the Teamsters Local No. 776; and (3) to receive information relative to the sale or lease of real property of the Borough of Gettysburg.
Moved Mr. Butterfield, seconded Mrs. Naugle to approve the agenda as presented.
An amendment was made to the January 6,2014 minutes to remove the word parliamentarian in the second paragraph and replace it with president pro tempore. It was then moved by Mr. Schindel, seconded Ms. Brown to accept the minutes of the December 9, December 16 and December 30,2013 and January 6,2014 minutes as presented.
Special presentation:
Mayor Troxell presented outgoing Councilman Charles Teague with a plaque and "Key to the Borough" for his many accomplishments and years of service to the Borough.
Public Comment:
Stan Clark addressed Council and wished everyone a happy new year. He said that the ISOth events are behind us, and he hopes that Council will focus more time for the Borough residents' needs.
Mayor Troxell announced that the Adams County Boroughs Association meeting is scheduled for Monday, January 20th at the Pike Restaurant. The guest speaker will be Representative Scott Perry.
President Birkner welcomed the newly elected Councilmen, Bob Krummerich and Scot Pitzer.
President Birkner read a prepared statement and said that he is honored to serve as president again. See attached for his remarks.
Mr. Krummerich said he would like to elaborate on one of the remarks made, noting that when he previously served on Council that a TRAN was approved to balance the budget. He feels that this is part of the work from prior employees that are no longer here. Mr. Leinbach also noted that he disagrees with Mr. Birkner's statement about the past bad practices in the Finance Department, because the audit didn't illustrate any financial problems.
President Birkner said that members of Council, who want to challenge his statement, should speak directly with the current Finance Director about the problems she has incurred. Mrs. James could go over the specific difficulties in great detail. Mr. Birkner went on to say he is tired o the unsubstantiated statements, and said that he wasn't speaking about criminality but referring to processes. Mr. Birkner also noted that good things did happen under the two previous regimes, and said that Manager Lawver was always very prudent and a thoughtful person.
Moved Mr. Schindel, seconded Mr. Butterfield to approve all bills and payrolls for the month as presented. Motion carried unanimously.
Moved Mr. Schindel, seconded Mr. Krummerich to authorize a COLA increase for retired police pensioner Dennis Wright to be paid from the Police pension fund effective December 1, 2013. Motion carried unanimously.
Moved Mr. Schindel, seconded Mr. Leinbach to authorize the entry into a Memorandum of Understanding (MOU) with Cumberland Township and Gettysburg Area Recreation Authority (GARA) providing a framework for the municipalities' transfer of the operation of parks and recreation facilities, and the management and supervision of recreation related activities and events by Gettysburg Area Recreation Authority. Motion carried unanimously.
Mr. Pitzer asked when Council would be addressing the lease agreement for GARA. Solicitor Eastman explained the MOU states that the lease agreement would follow between the Borough and GARA at a later time for discussion. This is a priorityand would be discussed as soon as possible. Mr. Pitzer also asked if it addresses the ownership of the park and equipment. Solicitor Eastman stated the framework is in the MOU and that the use of equipment would be dealt with. It needs to be determined what equipment GARA needs or wishes to purchase from the Borough. Mr. Krummerich asked to clarify who would maintain insurance. Solicitor Eastman said both entities would carry insurance.
President Birkner pointed out that the Borough owns the property and is not transferring it to GARA, and that they are only operating the park.
Moved Mr. Schindel, seconded Mr. Leinbach to reopen the 2014 Budget for amendments. A roll call vote was taken at this time to reopen the 2014 Budget.
YEA: Mr. Pitzer, Mr. Leinbach and Mr. Schindel. NAY: Mr. Krummerich, Ms. Brown, Mr. Butterfield, Mr. Weaver, Mrs. Naugle and Mr. Birkner. The vote failed 3YEA/6NAY.
President Birkner asked Solicitor Eastman that, since the agenda was approved at the beginning of the meeting, is it permissible to accept this motion. Solicitor Eastman responded that it should have been addressed at the beginning of the meeting to amend the agenda. He said that Roberts Rules of Order clearly states that is how it should be handled procedurally. The Borough Code does allow Borough Council to consider the amendment of the budget in January following a municipal election. Solicitor Eastman explained that Borough Council would need to adopt a proposed amended budget and have it subject for public review, and then the final action would need to be made by February 15th.
President Birkner explained that he would have the right to deny this request but would accept this motion. He told Mr. Schindel that he should have notified him before the meeting of his intentions to reopen the budget.
Mr. Schindel said that with facing both a tax increase and the newly elected Councilors, he felt that the budget should be reopened for discussion. Mr. Leinbach also pointed out that only five members of Council were present to adopt the budget. He said
he is not suggesting it was a "lame duck" session of Council, but that a full board wasn't present when the budget was adopted. President Birkner said he doesn't accept the notion that it was a "lame duck" session; and that Council was in regular session and doing everything accordingly.
Manager Marshall said that this would be the first time in his career that this has happened. He said the budget process was pretty healthy, and that he thought it was a good budget. Manager Marshall went on to say that there is a reserve, although not quite as high as the Pa Municipal League recommends, but high enough to manage. He said he doesn't know what Council would gain by going over the process again.
Mrs. James asked what the issues were with the budget. She pointed out the amount of time it would take to redo the budget, and that it would place an unreasonable burden on staff. She also noted that some members of Council who did have questions stopped by her office to discuss them during the budget process. Mrs. James went on to say that there are time constraints, and that the borough audit is coming up in the near future.
Mrs. Naugle asked Mr. Schindel to be more specific with the issues, and asked him what he hopes to accomplish by reopening the budget. Mr. Schindel said that he hopes personally not to raise taxes, and to also give the new Councilors an opportunity to review the budget. Mrs. Naugle said there are more important things for Council to do in respect to reviewing fees and getting control of the budget. To spend more time on reopening the budget to save a few dollars isn't productive. She noted that both she and the Finance Director reviewed the loss in revenue in property taxes that amounted to
approximately $30,000 since the reassessment. Mrs. Naugle said that Council will need to find ways to replace these funds. Mrs. Naugle said that overall it is a good budget, and that Council has always passed the budget by the end of the year.
Mr. Pitzer said he appreciates the motion, and stated that the spending plan passed
with a majority vote with a quorum present. He pointed out it wasn't a majority vote from the five members of council that passed this vote. It is a budget that is now the responsibility of the new board.
Mr. Krummerich said that the $10.00 increase in taxes may not seem like much, but he had hoped not to raise taxes as he promised the citizens.
Mr. Schindel said 2013 was a ''banner year" with the increase in pillow taxes. He noted revenues will be "pinched" this year and possibly next year. Mr. Schindel added that the sale of the Train Station is helpful this year, but we won't have that in the future to rely on.
Mr. Leinbach asked Mrs. Naugle about her statement that the fees and fines should be reviewed, and he asked why this didn't happen during the budget process. Mrs. Naugle responded they have reviewed this, but it will take more time to research.
She also pointed out it would require an ordinance change.
Mr. Butterfield reported on the Steinwehr Avenue BID, and noted that at its November meeting, it was reported that the current Neighborhood Improvement District (NID) must revitalize itself after five years. The current NID expires December 31, 2014. See minutes for the process in renewing the NID.
Mr. Butterfield reported that the BID was notified that the Federal Land Grant request for $500,000 was denied. It's important to find funding to get the phone poles moved, because they will be in the middle of the sidewalk. He said there is a meeting scheduled tomorrow to discuss options. Scott Dellett suggested contacting Congressmen Perry to see what other options we have to find other funding sources for the project.
John Butterfield gave a brief update on the manager recruitment process. He said the advertisements went out, and that there have been approximately forty applications received to date. Mr. Butterfield said that the committee will review and schedule appointments with the candidates. President Birkner said that any Council member is welcome to ask questions of the committee or review the resumes.
Mrs. Naugle reported that the Gettysburg Municipal Authority sewer rate increase information effective January 2014 is in the Council books. She said she also included the rate structures as well as the history of the water and sewer rates. Mrs. Naugle also included a copy of the budget for review that was approved by the GMA Board.
Moved Mrs. Naugle, seconded Mr. Schindel to authorize the advertisement of the public hearing before Borough Council for the Text Amendment and Map Amendment to Chapter 27 of the Borough Code of Ordinances, Zoning, for February 25, 2014 at 5:00 PM. YEA: Mr. Pitzer, Mr. Krummerich, Ms. Brown, Mr. Schindel, Mr. Butterfield, Mr. Weaver, Ms. Naugle and Mr. Birkner. NAY: Mr. Leinbach. The vote passed 7 YEA / 1 NAY.
Mr. Pitzer asked if the ordinance would be passed at the public hearing. Solicitor Eastman responded no and that it would authorize the advertisement for enactment of the ordinance. It would then go before Council for enactment and adoption at a later meeting.
Mrs. Naugle reported that the Gettysburg Inner Loop is looking at grant opportunities and will be discussing them later this week.
Mrs. Naugle reported that there is an ACTPO meeting scheduled for next week.
She said that PennDOT is scheduled to make a presentation to explain some ofthe new changes with federal funds.
Mr. Weaver reported that the Train Station Bill was just passed tonight in the House 0 f Representatives.
Mr. Weaver reported that a Main Street workshop is scheduled for February 1 to review the goals for the upcoming year. Mr. Weaver reported that the USS Gettysburg is still located in the Mediterranean.
Mr. Leinbach asked Mr. Weaver, regarding Main Street, if all the promised donations have been made. He also asked if the unpaid balance of$5,000 for Steinwehr A venue BID that they agreed to pay had been secured, and asked whether it has affected the operations of Main Street at all. Mr. Weaver responded that he doesn't have that information, and said that in the future, he should contact him in advance so that he can get the answers from Main Street before the meeting.
Mr. Leinbach spoke briefly about the Borough Code Section 463.11 and how it provides for the amendment of the budget; and that 463.12 provides for the modification of the budget. It states that Council may, in any year by a motion, modify the budget after its final adoption provided that it is in the current year's revenues or that the money thereof is properly made available through borrowing is allowed by law.
Moved Mr. Leinbach seconded Mr. Pitzer to modify the adopted 2014 Budget by reducing line items 465.120 and 465.310 to $500.00 each, and 400.540 to $1,000 to divide evenly between RabbitTransit and the Adams County Office for Aging, and move the balance of these line items to 410.327 for new radios for the police department. They withdrew the motion.
Solicitor Eastman explained that Roberts Rules of Order would have required that they be placed on the agenda at the beginning of the meeting. He noted that Mr. Leinbach stated the Borough Code provision that does allow Borough Council to do this, but it would have been helpful to Borough Council to have the information ahead of time for consideration. Solicitor Eastman said it would be appropriate to defer any action until these items can be properly placed on the agenda for discussion.
Mr. Birkner told Mr. Leinbach that he does have the right to raise the questions and asked him to place these items on the Council agenda for the next meeting so that Council has time to discuss them. Mr. Weaver said that as a courtesy to members, it would be helpful to fellow Councilors to have this information prior to meetings in order to be better prepared. Mr. Leinbach pointed out that this is time sensitive because the commitments have already been made to the organizations.
Mr. Butterfield also said that it would hinder these agencies if we hold their funds and that he would vote no. President Birkner said that there were opportunities during the budget process to change and that it is not prudent to do, so he would vote no. Mr. Pitzer asked if this is in the General Fund or the Capital Reserve Fund. Mrs. James responded that it is in the General Fund. Mr. Leinbach said that he believes the tax increase would be what pays the organizations' donations. I
Mr. Leinbach withdrew his motion and provided a revised motion.
Moved Mr. Leinbach, seconded Mr. Pitzer to delay payment of line items 465.120,465.310 and 400.540 until further discussion may be held. A roll call vote was taken. YEA: Mr. Pitzer, Mr. Leinbach and Mr. Schindel. NAY: Mr. Krummerich, Ms. Brown, Mr. Butterfield, Mr. WeaveJ, Mrs. Naugle and Mr. Birkner. The motion failed 3 YEA / 6 NAY.
Mr. Butterfield asked what specifically are these line items and the amounts. Mr. Leinbach responded: 465.120 - $20,000 to Main Street; 465.310 - $10,000 to Elm Street; and 400.540 - $4,000 to RabbitTransit; and $2,000 to the Adams County Office for Aging for a total of$36,000. Mr. Butterfield said by holding their funding in abeyance is preventing them from doing any programming for the upcoming year. He said that they are deserving of the money, and it should be distributed to them. Mr. Leinbach agreed they are deserving of the money, but said that there is some internal budgetary concerns that need to be discussed further. He also said that he doesn't feel that this is going to make or break these organizations by delaying the distribution of these funds.
Mr. Krummerich noted for the record that he rides RabbitTransit to work in Harrisburg, and asked if it would be a conflict to vote. He said he has saved a great deal of money by taking the bus. President Birkner responded that he doesn't believe this would constitute a conflict.
Mr. Pitzer asked if this money was budgeted in the spending plan, or is it taken out of the Capital Reserve. Mrs. James responded it was budgeted in the General Fund.
Moved Mr. Butterfield, seconded Mrs. Naugle to approve the reduction in financial security in connection with the Gettysburg Middle School Land Development Project by an amount of $928,719.00 to provide a remaining balance of $4,169,881.65, consistent with the certification letter by the Borough Engineer. Motion carried unanimously.
Moved Mr. Butterfield, seconded Ms. Brown to approve the full release offinancial security for the American Legion Land Development Project in the amount of $14,117.52, consistent with the certification letter by the Borough Engineer. Motion carried unanimously.
Moved Mr. Butterfield, seconded Mrs. Naugle to approve the full release of financial security for the Adams Rescue Mission AGAPE House Land Development Project in the amount of $5,194.20, consistent with the certification letter by the Borough Engineer. YEA: Mr. Krummerich, Ms. Brown, Mr. Butterfield, Mr. Weaver, Mrs. Naugle and Mr. Birkner. NAY: Mr. Pitzer, Mr. Leinbach and Mr. Schindel. The vote passed 6 YEA / 3 NAY.
Mr. Schindel said that the landscaping is not complete at the AGAPE House and that the funds should not be released until it's complete. Mr. Leinbach said that it is an arbitrary letter from the engineer, and that Council shouldn't approve. Mrs. Naugle said that she feels the engineer made a reasonable recommendation to release the funds. She said that they have 18 months to complete the landscaping project.
Solicitor Eastman pointed out that the Borough Engineer makes a recommendation to Council. He said you then have forty five days from the date of the letter, or it is deemed approved. The letter was dated December 15, 2013. Mr. Dellett said that he doesn't have the exact amount for the shrubs, but Council could hold a specified amount. Mr. Krummerich suggested holding $1,000 to cover the cost of landscaping.
Solicitor Eastman pointed out that each case must be reviewed by the Borough Engineer. Ms. Brown agreed that Council should support the engineer's recommendations.
Manager Marshall reported that he has a tentative agreement regarding the police contract that will be discussed later. He also reported he was able to get the snow plow, originally estimated at $18,000, for $11,900 which was a savings for the Borough. He also gave Council a list of the trees and the addresses that are going to be removed due to disease. Manager Marshall said that the Tree Commission had been working on this for some time. He pointed out that the residents will be notified prior to removing the trees.
Scott Dellett reported that the Central Adams County Comprehension Plan meeting was postponed due to the weather.
Nickie James reported that she didn't have a report prepared for Council due to closing out 2013. She mentioned that the auditors were in to begin their work.
Dan Hilliard announced a utility meeting was held for the Steinwehr Avenue Phase II Project, and that the tentative date to begin work is February 20th
Mr. Butterfield announced that the battery recycling program came to a temporary end. He said that the facility is no longer accepting batteries at this time.
Public Comment:
Stan Clark commented about the refusal of certain council members not wanting to vote with the three members: Schindel, Leinbach and Pitzer who don't want to spend money that we don't have and also not to raise taxes.
The meeting was adjourned to an executive session at 8:45 PM.
With no further business to come before Council, moved Mr. Butterfield, seconded Mr. Schindel to adjourn the meeting at 10:35 PM.
Respectfully submitted,
Sara L. Stull, Borough Secretary