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, Ms. Rebecca Brown, Mr. Kyle Leinbach, Mr. Robert Krummerich, Mr. Scot Pitzer, and Mayor William Troxell. Mr. Graham Weaver participated via SKYPE. 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 Foreman Robert Harbaugh.

Others present included: Charles Gable; Darlene Brown, PICPI-ACHA; Steve Hemler, 535 York Street; Wesley Heyser, 226 North Stratton Street; Tom McKenney, 150 York Street;

J. Hunter Hartman, 56 Hanover Street; and Mary Wood, 47 Baltimore Street.

Representing the press were Jim Hale 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 March 10, 2014 consistent with Sections 708(a)(1) 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 with the Teamsters Local No 776, and to receive information and to discuss any pending grievance matters filed by the Teamsters Local No. 776.

Jacob Schindel asked that a motion be added to the agenda for the purpose of applying for a DCNR Grant. 

Moved Mr. Schindel, seconded Mr. Krummerich to approve the addition regarding the DCNR grant to the agenda. Motion carried unanimously.

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

Moved Mr. Schindel, seconded Mr. Krummerich to accept the minutes of the March 10, 2014 Council meeting and the March 20, 2014 special Council meeting as written.

Public Comment:

Mary Wood addressed Council in regards to her daughter that died less than a month ago. She said that she is upset that the police detective was now put on street patrol due to a recent resignation of another officer. Mary is concerned because the detective is not able to continue the investigation of her daughter's death. 

Chief Dougherty responded that his department is down one officer due to Officer Yost taking a position at another police department. Manager Marshall said that the Chief could request state police assistance. President Birkner asked Chief Dougherty to contact the State Police to help in the investigation.

Tom McKenney asked about the recent article in the newspaper regarding the Steinwehr Avenue project and if the work is paid with tax payers' money. Manager Marshall replied that state grants were applied for to fund this project and that there are no plans to use local funds.

Tom McKenney also expressed concern with businesses on the square that obstruct the sidewalks with tables, chairs etc. He asked who is responsible if someone gets injured. Manager Marshall responded that Council has been reviewing this matter.

Hunter Hartman also addressed Council regarding the outside dining areas around the square that encroaches onto the sidewalk. It doesn't leave enough space in some areas for two people to walk around. He asked when Council is going to find out who is responsible for the square. He also mentioned the crumbling granite in some areas that is dangerous to walk. Hunter also pointed out that there are many flags and sandwich boards around town that someone should investigate.

President Birkner said that the Public Works Department will look at the granite curbing that is missing and have it repaired. The Planning Director can make sure that the signs have the proper permits. President Birkner said that Council has been discussing the square, but that it is a long process and that they will continue discussions to come to a resolution.

Steve Hemler asked why there is a motion on the agenda to transfer $223,000 from the Capital Reserve to the Capital Projects. John Butterfield responded that this was grant money for the borough building renovations in 2010-2011 that the former Finance Director never transferred to the proper fund.

Steve Hemler asked what the budget deficit was for last year. Nickie James responded that there was no deficit and that we are waiting to get the final audit report in the near future.

Wes Heiser expressed concern with the elimination of the three WARDS and lowering the number of Councilors that has been discussed at times. He said, that he sees value in the WARD system, and that as Council reviews this matter, he would suggest changing the number of Councilors to five or seven.

President Birkner thanked Manager Marshall for his work, pointing out that this will be his last Council meeting. Everyone wished him well with his next endeavor.

President Birkner announced that Council will host a luncheon for the Public Works Department on April 22nd as an appreciation for their hard work during the winter storms. 

Moved Mr. Schindel, seconded Ms. Brown to authorize the solicitor to prepare and finalize an ordinance to be enacted for the purposes of straightening and relocating Lefever Street, and to lay out and open the same for public use. Motion carried unanimously.

Moved Mr. Schindel, seconded Mr. Pitzer to adopt a resolution authorizing the Borough Manager to execute the Penn DOT Agility Agreement #A01710 for a five-year period. Motion carried unanimously.

Moved Mr. Schindel, seconded Mrs. Naugle to authorize the Borough Engineer, C.S. Davidson Inc., to advertise the "2014 CDBG Curb Ramp Replacement" project for bidding. Motion carried unanimously.

Moved Mr. Schindel, seconded Mr. Leinbach to authorize the submission of an application for storm water drain covers at no cost to the Borough. Motion carried unanimously.

Moved Mr. Schindel, seconded Mr. Butterfield to authorize the submission of an application for a DCNR grant for the Gettysburg Area Recreation Authority for the purpose of an amphitheater.

Becky Brown asked about the current amphitheater and the painting that is on it. Jacob responded they are not sure but would preserve it. Bob Krummerich asked if this is a matching grant and who is responsible. Jacob replied that the Rotary Club has agreed to pay the match and that there would be no cost to the Borough. 

John Butterfield noted that the dog park was a priority of the citizens, but is not sure about the amphitheater. Jacob responded that the amphitheater wasn't necessarily high on the priority list, but it was something that the citizens wanted. John suggested that they follow through with the top priority. John also asked if the urgency is because the grant application is due this coming Wednesday. Susan Naugle pointed out that GARA could apply for the grant. Jacob said that the lease agreement between the Borough and GARA is not complete, so they need the Borough's approval.

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

Moved Mr. Butterfield, seconded Mr. Leinbach to authorize a COLA increase for retired police pensioner Charles C. Fritz to be paid from the Police Pension Fund effective March 1, 2014. Motion carried unanimously.

Moved Mr. Butterfield, seconded Mr. Leinbach to authorize the Finance Director to transfer $12,500.64 from Capital Reserve for computer upgrades. Motion carried unanimously.

Moved Mr. Butterfield, seconded Mr. Krummerich to authorize the Finance Director to transfer $223,000.00 from Capital Reserve to Capital Projects. Motion carried unanimously.

Moved Mr. Butterfield, seconded Mr. Krummerich to authorize the Finance Director to transfer $25,968.00 from General Fund to Liquid Fuels/Highway Aid Fund. Motion carried unanimously.

Moved Mr. Butterfield, seconded Mr. Leinbach to authorize the Finance Director to transfer $11,430.00 from General Fund to Capital Projects Fund. Motion carried unanimously. 

Moved Mr. Butterfield, seconded Mr. Leinbach to authorize the Finance Director to transfer $12,000.00 from General Fund to Capital Reserve to reimburse for traffic study. Motion carried unanimously.

Moved Mr. Butterfield, seconded Mr. Krummerich to authorize the Finance Director to transfer $17,503.33 from General Fund to Capital Reserve to transfer Degradation Fees collected to Reserve. Motion carried unanimously.

Moved Mr. Butterfield, seconded Mr. Krummerich to adopt a comprehensive fee resolution for the purposes of setting, updating and confirming the Borough's fees and charges for the issuance of licenses, permits and the provision of municipal services. A roll call vote was taken. 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 YEA/ 2NAY.

Mr. Leinbach asked for clarification regarding the different fees and legal descriptions for the walking tours, transient retail and carriages. Solicitor Eastman pointed out that these are specifically written ordinances.

Moved Mr. Leinbach seconded Mr. Schindel to table this motion until further discussions regarding fees. A roll call vote was taken. YEA: Mr. Leinbach, Mr. Pitzer and Mr. Schindel. NAY: Ms. Brown, Mr. Butterfield, Mr. Krummerich, Mrs. Naugle, Mr. Weaver and 

Mr. Birkner. The vote failed 3 YEA/6 NAY. Continued with original motion.

Mr. Krummerich noted that we need to move forward with this, and noted that the issues can be addressed later. 

Moved Mr. Butterfield, seconded Ms. Brown to authorize and approve 

A Memorandum of Understanding with the Gettysburg Fire Department relative to 

the distribution of taxes collected by the Borough under its Fire Protection Services 

Appropriations Tax Ordinance. Motion carried unanimously.

Moved Mr. Butterfield, seconded Mr. Krummerich to authorize the solicitor to prepare and finalize an ordinance to be enacted for the purpose of amending Chapter 13, Part 4 of the Code of Ordinances regulating transient retail business relative to insurance and indemnification requirements and location restrictions for the conduct of transient retail businesses within the Borough of Gettysburg. Motion carried unanimously.

Moved Mrs. Naugle, seconded Mr. Butterfield to enact an Ordinance No. 1415-14 amending the text of the Gettysburg Borough Zoning Ordinance, Chapter 27 of the Code of Ordinance, and amending the Official Zoning Map of the Borough of Gettysburg, regarding regulations in the HC Health Care Zoning District. A roll call vote was taken. YEA: Ms. Brown, Mr. Butterfield, Mr. Krummerich, Mrs. Naugle, Mr. Weaver and 

Mr. Birkner. NAY: Mr. Leinbach, Mr. Pitzer and Mr. Schindel. 

The vote passed 6 YEA/ 3 NAY.

Mr. Pitzer noted that he voted against this last month and will again because there are property owners that want to open businesses that still won't be allowed to do so. Mr. Leinbach agreed, and said that he will vote no also due to the fact that two businesses located in the alley won't be allowed to open. Becky asked if the storage buildings in the alley are empty. Mr. Leinbach said that the Shultz and O'Shea properties have storage building, but wanted to expand their businesses.

President Birkner pointed out that the Borough Planning Commission and Adams County Planning both recommended this motion.

Moved Mrs. Naugle, seconded Mr. Butterfield to adopt a resolution authorizing the Borough to file a Keystone Communities Program grant application with the Department of Community and Economic Development (DCED) in the amount of $495,192 to fill a funding gap between the Eastern Federal Lands Highway Division, administered federal grant, to enable the continuation of transportation and safety improvements to the Steinwehr Avenue Phase 2 program and the lowest acceptable bid for the project. Motion carried unanimously.

Mr. Schindel asked if this has been discussed with the property owners in regards to moving the utility poles. Scott Dellett pointed out they are all part of the Steinwehr BID and that they continue to discuss the process of the project.

Mr. Krummerich asked if this is a matching grant. Scott Dellett responded no and that there will be no cost to the Borough. Bob also asked if the utility lines would be placed underground. Scott responded that it is too costly, and that it would be approximately one million dollars. Bob asked if the Gettysburg Municipal Authority is involved in this project. Susan said that GMA has been moving the pipes and are just about complete with their portion of the work.

Moved Mrs. Naugle, seconded Mr. Weaver to hold a meeting on April 23, 2014 at

5:00 PM regarding the application of a Keystone Communities Program Grant for the Steinwehr Avenue Phase 2 project. Motion carried unanimously.

Moved Mrs. Naugle, seconded Ms. Brown to adopt a resolution authorizing the submission of a Community Conservation Partnership Program (C2P2) grant application to the state Department of Conservation and Natural Resources (DCNR) for design and engineering costs for the Gettysburg Inner Loop Phase A1 and A2 project. Motion carried unanimously.

Mr. Weaver reported that Parking Enforcement Officer Karen Mesher would be attending the upcoming Public Safety Committee meeting to report on the Residential Permit Parking program. He noted there have been issues regarding particular streets that need to be addressed.

Mr. Weaver reported that the USS Gettysburg has been awarded "E" for Excellence recently.

Mr. Krummerich reported that the next College Community Committee meeting will be held on April 17 at 5:00 PM.

Mr. Pitzer announced that a First Ward town meeting will be held on June 12 at 7:00 PM at the Gettysburg Fire Department.

Manager Marshall thanked Council, and said he enjoyed serving in Gettysburg since September as they conducted a manager search. 

Moved Mr. Weaver, seconded Mrs. Naugle to authorize the Civil Service Commission to proceed with the creation of an eligibility list for the position of Entry Level Patrol Officer. Motion carried unanimously.

Moved Mr. Schindel, seconded Mr. Butterfield to accept the J. P. Harris Tax Exoneration report for tax year 2013 as presented. Motion carried unanimously.

Mr. Butterfield asked the amount of overtime that has been expended over the recent bomb threat at the school. Chief Dougherty responded that the officers on duty handled the incident with assistance from Cumberland, so there wasn't any overtime at this point.

Public Comment:

Steve Hemler asked Council why they were only providing a luncheon to the Public Works Department and not all of the Borough staff. President Birkner said the luncheon was an appreciation for their extensive work during the winter season. He noted that Council will provide a luncheon over the summer for everyone and pointed out that a nice luncheon was held for everyone at Christmas.

Hunter Hartman commented about the amount of "pillow tax "the Borough received, noting that the Gettysburg Convention and Business Bureau (CVB) received the majority of it. President Birkner responded it is a formula that is used, and said that he feels the Borough did receive a fair amount. Mr. Hartman suggested Council review the College and Seminary tax status to see if they should be required to pay this tax. President Birkner agreed it would be great if the Borough could receive more tax money, but noted that these are educational institutions. Mr. Schindel noted that the College has discussed submitting taxes for the summer camps that they host. Mr. Butterfield pointed out that in 2010, the College was generous and gave the Borough money for its exempt properties. 

Darlene Brown agreed with Council in providing a luncheon for the Public Works Department, noting that she took the PICPI/ACHA Maintenance Crew out for breakfast in appreciation of their work during the snow storm. 

The meeting was adjourned to an executive session at 9:15 PM.

The meeting reconvened, a motion was made by Mr. Krummerich, seconded 

Mr. Leinbach to approve the tentative labor agreement with the police officers' union conditioned upon the union's approval of the tentative agreement. The vote passed 8-1 with

Mr. Weaver voting no.

With no further business to come before council moved Mr. Butterfield, seconded Mr. Schindel to adjourn the meeting at 10:50 PM.

Respectfully submitted,

Sara L. Stull

Borough Secretary