Council Meeting

Meeting date: 
Monday, March 10, 2014

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, Mr. Scot Pitzer and Mayor William Troxell. Staff present included 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; Bob Sharrah, Sharrah Designs; Steve Hemler, 535 York Street; and Pat McFaul, 436 East Middle Street. 

Representing the press were Alex Hayes of the Gettysburg Times, and Jenni Wentz of the Evening Sun. 

- President Birkner announced that the Gettysburg Borough Council conducted an executive session immediately prior to the adjournment of its regular meeting held on February 10,2014 consistent with Sections 708(a)(l) and 708(a)(2) of the Sunshine Act. 

An executive session of the Borough Council will be conducted immediately prior to the adjournment of this meeting consistent with Sections 708(a)(1) and 708(a)(2) of the Sunshine Act for the following purposes: (1) to discuss matters involving the employment of Borough employees; and (2) to receive information and to discuss strategy related to the negotiation or arbitration of a collective bargaining agreement and pending grievances with the Teamsters Local No. 776. 

Moved Mr. Schindel, seconded Ms. Brown to approve the agenda as presented. 

Moved Mr. Schindel, seconded Mrs. Naugle to approve the March 10, 2014 minutes as written. Motion carried unanimously. 

Moved Mr. Schindel, seconded Mr. Leinbach to approve the February 25, 2014 minutes as written. Motion carried unanimously. 

Public Comment: 

Steve Hemler asked for an update on the open Manager position. He said that he heard that the interim Manager interviewed three candidates, and that no one accepted the position. President Birkner responded that the position was only offered to one person, and that he declined due to family issues. Manager Marshall pointed out that he is only assisting Council with this process and is not recruiting candidates. Mr. Hemler asked if Manager Marshall is interviewing the candidates before they meet with Council. 

President Birkner explained that he appointed a Search Committee to provide most of the work, but that Manager Marshall has reviewed the applications and gave feedback to Council. He has done a fine job in assisting Council with this process. 

Mr. Schindel pointed out a letter received from Senator Richard Alloway regarding his continued support of Act 89. This will provide municipal governments with the resources that they need to maintain our infrastructure in Pennsylvania. A copy of the letter is in Council books.

Moved Mr. Schindel, seconded Mr. Butterfield to authorize the Borough of Gettysburg to execute and deliver a Development Agreement and a Operation and Maintenance Agreement for Stormwater Management Practices with Gettysburg College in connection with the Musselman Stadium Renovation Preliminary/Final Subdivision and Land Development Plan. Motion carried unanimously. 

Moved Mr. Schindel, seconded Ms. Brown to approve the fmancial security in connection with the Musselman Stadium Renovation Preliminary Final Subdivision and Land Development Plan in the amount of $199,301.30, in a form authorized by the Pennsylvania Municipalities Planning Code, consistent with the certification letter by the Borough Engineer. Motion carried unanimously. 

Mr. Butterfield reported that the Finance Committee is in the process of reviewing fees for particular ordinances. A fee schedule will be presented to Council in the near future for approval. Scot Pitzer pointed out that the purpose is to bring these fees up to par with other municipalities, noting that some fees have been in effect for twenty five years. 

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

Moved Mr. Butterfield, seconded Mr. Schindel to authorize a COLA increase for retired police pensioner Cytha Grissom to be paid from the Police Pension Fund effective February 1, 2014. Motion carried unanimously.

Mrs. Naugle announced that Robin Fitzpatrick, Director, Adams County Industrial Development Authority and Nick Colonna, Director, Adams County Office of Planning and Development will attend the upcoming Community Development Committee meeting to give an update on the Stratton Street Project (formerly REDDI). 

Moved Mrs. Naugle, seconded Mr. Butterfield to approve and authorize the issuance of Certificates of Appropriateness for items A (297 Steinwehr Avenue), B (221 South Washington Street) and C (400 Baltimore Street), as set forth in the minutes of the February 19, 2014 meeting of the Historic Architectural Review Board consistent with the finding and recommendations of BARB as set forth therein. Motion carried unanimously. 

Scott Dellett gave a brief review regarding the Zoning Ordinance Text and Map 

Amendments to Chapter 27. He reported that the Planning Commission reviewed the information and that their recommendations to Council are as follows: 

1. Revise the title of Section 27-1524.FF to Restaurants, including Restaurant, Small and Drive- Thru Restaurant; 

2. Add the following criteria to Section 27-1524.FF: a restaurant shall have direct access to a primary street, not an alley; and 3. Add the following criteria to Section 27-1524.FF: a restaurant shall have pedestrian connectivity between the sidewalk and entrance. 

Moved Mrs. Naugle, seconded Mr. Pitzer to authorize the Borough Solicitor to advertise text and map amendments to Chapter 27 of the Borough code of ordinances, Zoning, as presented in the Public hearing draft ordinance dated January 24,2014. YEA: Ms. Brown, Mr. Butterfield, Mr. Krummerich, Mrs. Naugle, Mr. Schindel, Mr. Weaver and Mr. Birkner. NAY: Mr. Leinbach and Mr. Pitzer. The vote passed 7-2. 

Mr. Leinbach expressed his concern stating that this would be an injustice to Loring Shultz by not allowing him to develop his property as he planned. He also pointed out that Council is not following the recommendations presented in Dr. Kerry Moyer's report for alley development and cultural tourism. 

Mrs. Naugle said she is in favor ofthe current motion, but that she is also concerned about the prevention of alley development. 

Manager Marshall noted that State College has alley development that does well with businesses. 

Scott Dellett said that health and safety is a concern for the alleys and that the Borough would need to follow alley development standards. He pointed out that it is important now to continue with the advertisement, and that Council can discuss the language and change at a later date. Mr. Pitzer thanked Borough Staff and the Planning Commission for the extensive work over the past two years on this issue. 

Mrs. Naugle reported that the Gettysburg Municipal Authority Agreement isn't final yet. She noted that they recently hired someone to do their accounting. 

Mrs. Naugle reported that the Susquehanna River Basin Commission will hold a public information meeting regarding the proposed GMA Water Division Project, on Tuesday, March 25,2014 at 7:00 PM at the AG Center. 

Moved Mrs. Naugle, seconded Mr. Schindel to authorize the Borough to submit a Community Conservation Partnerships Program application to the State Department of Conservation and Natural Resources for Phases Al and A2 of the Gettysburg Inner Loop. Motion carried unanimously.

Moved Mrs. Naugle, seconded Mr. Weaver to authorize the Borough tosubmit an application to the State Department of Transportation (Penn DOT) Transportation Alternative Program for Phases Al and A2 of the Gettysburg Inner Loop. Motion carried unanimously. 

Mr. Weaver reported that the Public Safety Committee is reviewing the Radar Resolution. Chief Dougherty noted that every state except Pennsylvania uses radar. He said that it would be beneficial to the Borough since it only requires one officer to use, whereas the current equipment that they use requires two officers. 

Mr. Weaver reported that Mayor Troxell received a letter from Kelly Crist in regards to a motorcycle show on the square. The organizers were invited to the next Public Safety Committee meeting for further details. Mayor Troxell said that the event organizers are also looking at other locations and haven't confirmed if they would be attending the meeting. 

Moved Ms. Brown, seconded Mr. Schindel to adopt a resolution appointing Kenneth C. Kime, Jr. as a member of the Code Enforcement Appeals Board for a five-year term expiring in February 2019. Motion carried unanimously. 

Mr. Krummerich reported that College President Janet Morgan Riggs and students and faculty from the Sunderman Conservatory of Music returned from a l O-day trip to China where they performed in concert. He said that the trip went very well. 

Mr. Pitzer reported that a change in the voting/polling from the Rec Park to the Adams County Arts Council would be a nice location. 

Public Comment: 

Steve Hemler asked about the meeting that was to be held by the Borough and Cumberland Township regarding a police merger. It seemed to be moving along and now Cumberland decided not to proceed. He asked if there was a hidden agenda. 

President Birkner responded that the Borough and Cumberland Township representatives and state officials met one day prior to them deciding not to proceed. He said that he felt that the meeting went well and was very productive. President Birkner told Mr. Hemler that he could address Cumberland Township representatives and ask them why they decided not to continue discussions. Mayor Troxell also said that he thought it was a good meeting and doesn't know why they changed their minds. He said that he called the office for an explanation but hasn't received a call back yet. 

At this time the meeting was adjourned to an executive session. 

The meeting reconvened and with no further business to come before Council moved Mr. Weaver, seconded Mr. Krummerich to adjourn the meeting at 9:10 PM. 

Respectfully submitted, 

Sara L. Stull, Borough Secretary