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, and Mayor William Troxell. Mr. Kyle Leinbach was absent. 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 Borough Engineer Chad Clabaugh.

Others present included: Norris Flowers, President; Stacey Fox and Carl Whitehill representing Destination Gettysburg; Darlene Brown, PICPI-ACHA; Deborah Adamik, President Main Street Gettysburg; Judith Butterfield, 999 Sunset Avenue; Steve Hemler, 535 York Street; Wesley Heyser, 226 North Stratton Street; Tom McKenney, 150 York Street;

Representing the press were Jim Hale of the Gettysburg Times, and Jenni Wentz

of the Evening Sun.

President Birkner announced that an executive session of the Borough Council was conducted immediately prior to the adjournment of its regular meeting held on April 14, 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 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.

Moved Mr. Schindel, seconded Mr. Butterfield to approve the agenda as presented. Motion carried unanimously. 

Moved Mr. Schindel, seconded Mr. Butterfield to accept the minutes of the

April 14, 2014 Council meeting as amended.

Special Presentation:

Norris Flowers, President, Destination Gettysburg 

Mr. Flowers presented Council with a handout on tourism in Gettysburg and Adams County. A copy is attached. Mr. Flowers pointed out the recent name change and new logo from the Gettysburg Convention and Visitors Bureau and Gettysburg Travel Council to Destination Gettysburg. He went on to say that Destination Gettysburg spends more than 80 percent of its budget, which is generated through the 5 percent lodging tax, on marketing to visitors. Mr. Flowers asked Council to revisit the process for events and permitting within the Borough, pointing out that the July 4th parade was recently cancelled due to costs. Mr. Flowers suggested that Council use the lodging tax collected to pay for these events and not taxpayers' money.

John Butterfield noted that the lodging/pillow tax is to be used by the police department for safety purposes or the funds are to be returned to the county. He said that if the Chief would like to use a portion of the tax to fund these events he would support that.

Scot Pitzer asked Chief Dougherty about the number of officers needed to work at these events. Chief Dougherty responded that it depends on the event, but that normally twelve to fifteen officers are needed. He pointed out that two officers are on duty at a time, so they would not be scheduled for these special events. 

Susan Naugle thanked Mr. Flowers for all the work that Destination Gettysburg provides throughout the town.

President Birkner said that he was disappointed in the recent news article that Gettysburg was not successful during the 150th events. Mr. Flowers explained that the article implied about the south and not the north, and that Gettysburg did very well for the 150th Anniversary.

Historic Preservation Awards for 2014

Scott Dellett announced that in celebration of Historic Preservation, which is recognized during the month of May, awards will be presented for: Exceptional Merit- goes above and beyond guidelines; Certificate of Merit- maintains features of property; and Honorable Mention- HARB Board recognizes the owners' work.

HARB Chair Gary Shaffer offered a brief description of each property that will receive a certificate commending improvements made. He presented each with a certificate. They are as follows: Exceptional Merit: Darlene Brown, PICPI for the Fahnestock House; the Adams County Rescue Mission, 114 Chambersburg Street; and Gettysburg College, 339 Carlisle Street; Certificates of Merit: Brian and Pat Redding, 41 Delap Avenue; St. James Lutheran Church, 117 York Street, and John Jumba, Swope Manor, 58-60 York Street; Certificates of Honorable Mention: Gina LeVan, 619 Baltimore Street; Gettysburg Foundation, 449-451 Baltimore Street; and Carl and Nancy Yingling, 17 Chambersburg Street. See the attached list for complete details.

President Birkner thanked Mr. Shaffer for HARB's work and interest in the Borough and its historic community.

Public Comment:

There was no public comment at this time.

Mayor Troxell welcomed Manager Charles Gable to Gettysburg. He also announced that the PA State Association of Boroughs meeting is scheduled for Monday, May 18th at 

6:30 PM at the Pike Restaurant. Anyone interested in attending should contact Sara Stull.

Moved Mr. Schindel, seconded Mrs. Naugle to authorize the Borough Engineer to advertise the 2014 Street Improvements Project for bidding. Motion carried unanimously.

Moved Mr. Schindel, seconded Ms. Brown to award the Queen Street Curb Ramps Project to the lowest responsible bidder. Both Mr. Schindel and Ms. Brown withdrew the motion.

Chad Clabaugh presented Council with the bid results, noting that Pantano Concrete was the lowest bidder at $118,918.75, but that they missed completing a document that is required by the Department of Community and Economic Development (DCED). Mr. Clabaugh presented Council with four options: conditionally award to Pantano Concrete subject to submitting the required documents; reject the low bid and award to the second lowest bidder; table until Council can meet and discuss it or reject all three bids and re-advertise to re-bid.

Council discussed the options provided by the Borough Engineer. Bob Krummerich suggested that Council reject the motion and revise the motion to re-bid this project. Scott Dellett expressed concern that if the Borough doesn't comply with DCED requirements that the Borough may be required to pay for the ramps.

Moved Mr. Schindel, seconded Mr. Pitzer to reject all three bids for the Queen Street Curb Ramps Project and authorize the Borough Engineer to re-advertise and re-bid. Motion carried unanimously.

Moved Mr. Schindel, seconded Ms. Brown to authorize the solicitor to publish a proposed ordinance for enactment for the purposes of straightening and relocating Lefever Street, and to lay out and open the relocated street for public use. Motion carried unanimously.

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

Moved Mr. Butterfield, seconded Mr. Schindel to adopt a Corporate Authorization Resolution for ACNB Bank retroactive to May 5, 2014. Motion carried unanimously.

Moved Mr. Butterfield, seconded Mr. Pitzer to authorize the Finance Director to transfer $24,043.00 from the Capital Reserve account for the purchase of the police vehicle. Motion carried unanimously.

Susan Naugle announced that the Community Development Committee meeting was rescheduled from May 8th to May 13th.

Moved Mrs. Naugle, seconded Mr. Butterfield to approve and authorize the issuance of Certificates of appropriateness for Items A (150 Carlisle Street), B (100 York Street) and C (400 Baltimore Street), as set forth in the minutes of the April 16, 2014 meeting of the Historic Architectural Review Board, consistent with the findings and recommendations of HARB as set forth therein. Motion carried unanimously.

Moved Mrs. Naugle, seconded Mr. Butterfield to authorize the Solicitor to publish a proposed ordinance for enactment repealing Ordinance No. 1391-11, which was enacted on October 11, 2011, for the purpose of dissolving and disbanding the Recreation Board of the Borough of Gettysburg. Motion carried unanimously.

Moved Mrs. Naugle, seconded Ms. Brown to authorize the Borough of Gettysburg to enter into a Cooperative Agreement with PICPI in connection with the Gettysburg Elm Street South Street Streetscape Project. Motion carried unanimously.

Susan Naugle reported that she and former Manager Marshall met and reviewed the Gettysburg Municipal Authority draft service agreement. She will meet with Manager Gable in the near future to review and then place on the June Council agenda if completed.

Graham Weaver announced that the USS Gettysburg was recently named the best in the Atlantic Fleet. It was honored for "best all around" crew achievement and received the Battenberg Cup. Mr. Weaver prepared a letter for Mayor Troxell to send to the USS Gettysburg Crew in recognition of this elite award.

Graham Weaver asked Council to consider conducting a special workshop session to discuss transient retail vendors on Lincoln Square. Scot Pitzer agreed that a workshop might be helpful, since this topic involves three of the committees. 

Susan Naugle noted that this ordinance was recently revised and suggested to wait and see what happens over the summer. Becky Brown agreed to review over the summer before holding a meeting. Graham Weaver suggested watching the activity on Lincoln Square this summer, and then Council could conduct a meeting in the fall to discuss it. 

Scott Dellett said that it is the policy of Council to determine what activity they wish to see on Lincoln Square. He pointed out that last summer it was busy due to the 150th Anniversary celebrations, and that there may not be an issue now. Mr. Dellett said that Council should take the time to review this summer, and also discuss outdoor dining. He noted that there isn't sufficient time to amend the ordinance for this summer.

President Birkner pointed out that the space required for passage ways on sidewalks should be enforced by Code Enforcement.

Jacob Schindel also pointed out that vendors are required to get an approval letter from the business or property owner of where they wish to set up before a permit is issued.

Bob Krummerich announced that the college is hosting the NCA Women's Lacrosse Championship later this month. He also announced that the College will have 4th of July fireworks.

Bob Krummerich reported that complaints were heard at the College Community meeting regarding noise and trash. The properties are not owned by the College. He said that Chief Dougherty was notified to review these noise issues.

Bob Krummerich noted the recent approval by the Zoning Hearing Board for the expansion of Sigma Alpha Epsilon Fraternity. He said that several people in the neighborhood attended the zoning meeting to express their concerns with expansion to this fraternity. Bob also noted that he doesn't feel the boys in the fraternity house are the problem, but that the aftermath from the parties and the garbage that are problem.

Scot Pitzer reported that the Public Safety Committee will be reviewing and discussing the burning ordinance at its next meeting.

Scot Pitzer announced that a fund raiser will be held on Sunday, June 1st at 2:00 PM at the Recreation Park. All proceeds benefits the dog park.

Manager Gable thanked Council for the nice reception that was held at the Blue Parrot. He said he greatly appreciated it.

Manager Gable announced that he will be holding bi-monthly department head meetings beginning this week. He also plans to meet with all boards and committee members on Thursday, May 22nd.

Manager Gable asked Council if they would like him to attend the upcoming PA Municipal League annual convention June 17-20. John Butterfield said that there is funding budgeted for training for staff. President Birkner said that the Manager should attend any training sessions that he feels is beneficial. 

Moved Mr. Schindel, seconded Mrs. Naugle to accept the J. P. Harris Tax Exoneration report for tax year 2012 and 2013 as presented. Motion carried unanimously.

Graham Weaver mentioned that there is currently a House Bill 1671 regarding criteria for conducting executive sessions. He said that it would change the criteria for conducting such meetings, requiring a legal opinion prior to holding an executive session and also mandating recording these meetings. This may be costly for small municipalities such as Gettysburg. Graham said that it has been generating opposition. He said that he prepared a letter urging the rejection of this Bill, but that he will research it further to see where it stands. Scot Pitzer asked what concerns Council would have regarding this legislation. Graham responded that it would require having a legal opinion each time prior to holding an executive session. It would also require a stenographer to attend these executive sessions, which would add expenses to the Borough.

Manager Gable said that from a staff perspective, executive sessions are a chance for everyone to be able to talk "frankly". He said that if it was recorded for public consumption, open deliberation and discussion would properly cease and hurt the management of all municipalities. 

Solicitor Eastman said that he believes they won't become a public record. The recordings would be used for investigation purposes if needed, and would be properly maintained for one year. He explained that the purpose of the Bill would be to eliminate improper executive sessions.

Public comment:

Steve Hemler asked Council to explain the definition of "housekeeping", a term they used, and if it was to clean up "screw ups". Bob Krummerich explained that, in this instance, it was to authorize the transfer of funds from one account to another in order to keep it formalized. 

Steve Hemler asked why Council held a special meeting and then conducted the same special meeting tonight before the regular Council meeting. President Birkner explained that at the first meeting, there wasn't a quorum present. He said that only four members of Council were present and another was via telephone. Solicitor Eastman pointed out that the meeting was handled appropriately, but that a quorum of five members needed to be physically present. 

Steve Hemler asked why the Steinwehr Avenue project is on hold. Scott Dellett responded that the project is still progressing, but that there was a protest regarding the bids that will be re-bid.

Tom McKenney expressed his concern at last month's Council meeting regarding Transient Vendors providing liability insurance. He said that the outdoor dining areas should also provide insurance. Susan Naugle reported that the Community Development Committee is currently reviewing these issues throughout town.

Tom McKenney asked if these vendors would require approval from the Liquor Control Board. He asked if Council could prepare a draft ordinance for next month's approval. Susan Naugle explained that it takes time to prepare an ordinance, and that the draft ordinance would then be sent to the Borough Solicitor for review and preparation before approval by Council.

Darlene Brown announced that the funding was approved for the South Street Streetscape project. 

The meeting was adjourned to an executive session at 9:10 PM.

With no further business to come before Council moved Mr. Schindel, seconded Ms. Brown to adjourn the meeting at 10:00 PM.

Respectfully submitted,

Sara L. Stull

Borough Secretary