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, Mr. Scot Pitzer 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, and Public Works Director Dan Hilliard.

Others present included: Tom Stang, Public Sector Solutions Manager, Waste Management; Chad Clabaugh, Borough Engineer, C. S. Davidson; Darlene Brown, ACHA/PICPI, 40 East High Street; Bill Baldwin, Gettysburg College; John Mooney, Mooney & Associates; Jon Muller, Great T Shirt, 65 Steinwehr Avenue; Wesley Heyser, 226 North Stratton Street; Steve Hemler, 535 York Street; Phil Goble, 132 East Middle Street; Attorney John Phillips, 101 West Middle Street; Patrick Naugle, 650 Red Patch Avenue; J. Hunter Hartman, 56 Hanover Street and Tom McKenney, 150 York Street. Representing the press was Jim Hale of the Gettysburg Times.

President Birkner commended Deb Adamik, President Main Street Gettysburg, who was recently awarded the “Outstanding Manager of the Year” at the Pennsylvania Downtown Center (PDC) annual meeting. She received the top state award out of nearly 100 Main Street and Elm Street Managers from around the Commonwealth of Pennsylvania.

President Birkner announced that an executive session of the Borough Council was conducted immediately prior to the adjournment of its regular meeting held on May 12, 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. Leinbach to approve the agenda as presented.  

After minor changes were made to the May 12, 2014 minutes, they were accepted as written. Motion carried unanimously.

Public Comment:

Steve Hemler expressed concerns regarding the regulations of outdoor dining on sidewalks and the square.  They are blocked for pedestrian travel, and he asked why the Code Enforcement Official is not monitoring these areas.   Mr. Hemler also said that the Borough still continues to have many issues that need to be resolved. He pointed out that when Mr. Birkner replaced Mr. Butterfield as president of Council he promised to get control, but he doesn’t feel that this has happened.

Mr. Hemler went on to ask Council where the donation for the police from Anheuser Busch was credited; did all non-profit organizations receive a letter to pay amusement taxes; who are the exceptions that are not paying the amusement taxes; and who gave the approval to only send a few letters to non-profit organizations.

President Birkner responded that the check from Anheuser Busch was received in January and was deposited into the general fund account. He said that the amusement tax letters were sent out by the former Manager Peter Marshall. President Birkner said that exceptions for paying taxes would be for religious, educational etc., and that the exceptions are listed in the ordinance. 

Tom Stang, Waste Management, attended to follow-up with how the new service is going after the contract change in January. He asked about the solar power compactors that were part of the garbage contract that IESI has not yet provided to the Borough. 

Jacob Schindel invited Mr. Stang to attend the upcoming Public Works Committee meeting on June 17th to discuss the waste contract.

Manager Gable explained that he has been working with IESI to work out the details for the solar compactors, and that the Borough should receive them in the near future.

President Birkner said that he has the highest regards for Waste Management and the service that they provided to the Borough over the years.

Peter Monahan expressed concern regarding an invoice that he had recently received for the final inspection that occurred at his business, the Federal Pointe Inn. He pointed out that the hotel opened in July 2012, and he didn’t know why it took this long to get a bill. Mr. Monahan stated that he is not paying this invoice because it wasn’t handled in a timely manner. 

Chad Clabaugh explained the standard procedure for public improvements, and that there is a structural integrity period of eighteen months after completion. Anything located within a dedicated right of way is then inspected in eighteen months. He noted that the idea is for the improvement to have been tested by at least one winter. Mr. Clabaugh pointed out that all developers are aware of the procedures, and that it is also in the State Municipal Planning Code. 

Kyle Leinbach asked if this is a requirement of the borough or state. Scott Dellett responded that it is the State Municipal Planning Code.

Scot Pitzer thanked Mr. Monahan for the development of the Federal Point Inn stating that the building is beautiful.  He also noted that the building is now on the “tax rolls” and contributes to the “pillow tax”.

Bob Krummerich asked if the developers or Mr. Monahan were aware of this final inspection process. Chad responded yes, that they signed the developer’s agreement as required for the municipal planning code. Mr. Monahan said that he doesn’t consider himself a developer but a business person, and he suggested to Council that they should work better with the businesses.

President Birkner said it would be best for any citizen or business with concerns to contact the Borough Manager or Borough Secretary to discuss their issue.

Mr. Monahan said that he did contact Scott Dellett, but that he never had a return call. Scott Dellett apologized for not contacting him.    

Stan Clark asked Council if the Borough and tax payers are receiving a credit from IESI garbage haulers since they haven’t fulfilled the contract. Manager Gable said that he has been working with IESI to resolve the issues, and that he will seek a “revenue neutral” solution. President Birkner noted that IESI provides all services to the Borough government at no charge.  He explained that the overall bid was less than Waste Management, because IESI rolled the Borough’s cost onto the residents. He said that the effect on bills are offset by the reduction of the Borough’s expenses, which are covered by the taxpayers.  

Kyle Leinbach asked if the rate would change if the Borough purchased the solar compactors from Waste Management. Tom Stang responded he doesn’t have that information, and would need to recalculate the figures.

Tom McKenney suggested that IESI should give a reduction for garbage service to all Borough tax payers for the months that the service wasn’t provided. He asked why the Borough should pay for the solar compactors.  President Birkner explained that the garbage haulers went through the proper bid process, and that IESI was awarded the bid. Manager Gable pointed out that the solar compactor vendor has exclusive rights with Waste Management, and cannot provide them to IESI or any other garbage hauler. He said that he has been working with them to purchase the compactors, and that they would then reimburse the Borough.  

Tom McKenney expressed concern with the tables encroaching on the sidewalks and square, noting that a passage way must be kept open for pedestrians. He read the portion of the Borough ordinance relating to obstruction of sidewalks. Mr. McKenney said that he is not against the café’s downtown because it brings people in town, but asked that Council enforce the ordinance for safety.

Phil Goble stated that since IESI has not provided the full contracted garbage service, they are in breach of contract; and that Council should discontinue the service.

Darlene Brown suggested to Council that they invite both garbage haulers to the upcoming Public Works meeting to discuss these issues. She said that it’s not fair to the other company that isn’t at tonight’s meeting to have the opportunity to answer any questions.

Hunter Hartman attended again to express his concern with the sidewalk passages that are hazardous with tables encroaching in some areas. He also asked if Council had determined who owns Lincoln Square and who is liable.  Solicitor Eastman said it was originally laid out as a public area, and stated that he has no qualms that the Borough has regulatory powers as to what occurs on the square. He said that the Borough has the ability to regulate activities on the square, and that Code Enforcement is tasked to enforce the ordinances.

President Birkner said that the Borough is observing the sidewalk areas, and they plan to discuss the situation later this fall after the tourist season. He said that they will also look where the most activity is taking place on the square. President Birkner also noted that a special meeting was held last year with the businesses to get their input.  Susan Naugle said that the Borough has discussed this with the Planning Director, and that the Code Enforcement Officer will monitor the situation over the summer.

Wesley Heyser also suggested that both IESI and Waste Management representatives be invited to the Public Works meeting to discuss the issues. He also noted that other garbage haulers had issues in other municipalities.

Moved Mr. Schindel, seconded Ms. Brown to enact an ordinance 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. Schindel, seconded Mr. Butterfield to award a contract C. E. Williams Sons, Inc. as the lowest responsible bidder for the rental to the Borough of Gettysburg of heavy construction vehicles and equipment as set forth in the Borough’s specifications and instruction to bidders. Motion carried unanimously.

Moved Mr. Schindel, seconded Ms. Brown to authorize the Borough Manager and Public Works Director to proceed with getting a proposal from Precision Concrete Cutting of Maryland for sidewalk repairs.  Motion carried unanimously.

Moved Mr. Schindel, seconded Mr. Pitzer to award the Queen Street curb ramps contract to Pantano Concrete, LLC as the lowest, responsible bidder. Motion carried unanimously.

Scot Pitzer asked if this is the same group that was the low bidder at last month’s meeting, and what was their estimate. Chad Clabaugh responded it was the same bidder, and that the estimate was $109,000.

Moved Mr. Schindel, seconded Mr. Butterfield to award the 2014 street improvements contract to Stewart & Tate as the lowest responsible bidder. Motion carried unanimously.

President Birkner asked what street this would be allocated to in the contract. Dan Hilliard responded Queen Street.

John Butterfield announced that Smith Elliott Kearns completed the Borough audit and will present it at the upcoming Finance Committee meeting.  

John Butterfield reported that the 2014 pillow tax received for April was $12,214.42, and that the Borough has received $28,910.62 to date. 

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

Moved Mr. Butterfield, seconded Mrs. Naugle to set a public hearing of the Borough Council to be held on Monday, July 14, 2014 at 6:30 PM for the purpose of receiving public comment from any owners or lessees of real property located in the Steinwehr Avenue Heart of Gettysburg Battlefield Neighborhood Improvement District (NID) relative to the proposed reenactment of the enabling ordinance creating the NID for the purpose of the continuation of the NID beyond December 31, 2014, and to authorize the provision of notice of the public hearing pursuant to the Neighborhood Improvement District Act. Motion carried unanimously.

Bob Krummerich said that amusement tax letters were sent recently to vendors.  He stated that he had contacted six previous members of council who recalled granting the waiver including the former president, Vice President, finance chairman, and liaison to the festival. Additionally, former festival chairman Karl Held also stated the exemption had been granted and recorded in the festival minutes. 

John Butterfield also said that he spoke with Mr. Prasse, Executive Director of the Gettysburg Festival, who stated that they would be willing to pay the taxes next year.

President Birkner pointed out that, after reviewing the past several years of Council minutes, there was nothing found stating a waiver to the Gettysburg Festival regarding the payment of admission taxes. He said that he hopes the Festival does well this year with the upcoming events. He also said that he doesn’t recommend waiving any fees, noting that they are still required to secure an amusement license; and if they are tax exempt, they must provide documentation. He pointed out that the fees are to help relieve the Borough tax payers.

Susan Naugle said that they should submit a formal request to the Borough for an exemption.  

Scot Pitzer agreed that the Borough ordinances need to be enforced, and suggested that the amusement tax ordinance be reviewed and updated. 

John Butterfield pointed out that there are currently thirty two amusement licenses issued this year.

Moved Mrs. Naugle, seconded Mr. Schindel to approve and authorize the issuance of Certificates of Appropriateness for Items: A (218 Carlisle Street), C (18 East Middle Street), D (363 Buford Avenue) and E (150 Carlisle Street), as set forth in the minutes of the May 21, 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. Weaver to adopt a resolution authorizing the Borough through Delta Development Group to file a Multimodal Transportation Fund Discretionary Program grant application with the state Department of Transportation (PennDOT) in the amount of $495,192 to fill a funding gap between the Eastern Federal Lands Highway Division, an 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.

Moved Mrs. Naugle, seconded Mr. Butterfield to adopt a resolution authorizing the Borough through Delta Development Group to file a Multimodal Transportation Fund Grant Program grant application with the state 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, and to authorize the payment of the application fee of $100.00 for submission of the grant application. Motion carried unanimously.

Moved Mrs. Naugle, seconded Mr. Schindel to enact an ordinance 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 Mr. Weaver, seconded Ms. Brown to adopt a resolution in support of Senate Bill 1340 and House Bill 1272 enabling all municipal police to use the same motor vehicle speed-timing equipment as the Pennsylvania State police. Motion carried unanimously.

There was some discussion regarding supporting the vehicle speed-timing equipment because the Borough doesn’t have money for the training. Mayor Troxell explained that PSAB and the Mayors Association supports this, and they recommend municipalities endorse it. President Birkner also said that Council would just be supporting this, and that they are not committed to purchasing anything.  

Bob Krummerich offered to send a “thank you” note to President Janet Riggs for the fireworks that were held at Gettysburg College.

Scot Pitzer announced that a First Ward meeting would be held on Thursday, June 12th at 7:00 PM at the Gettysburg Fire Department.

Scot Pitzer announced that Jacob Schindel was awarded the Chamber of Commerce Business Leader of the Year. 

Chad Clabaugh announced that Lefever Street would be closed for construction until late August when school resumes.

Michael Carricato, who currently works as a part time police officer, is hopeful to get the full-time entry level police position.

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

Public Comment:

Steve Hemler asked for an update on the Steinwehr Avenue project.  Scott Dellett reported that he received notification from Eastern Federal Highway, and that the start date is June 16th. He noted that the paving would not begin until July.

Hunter Hartman said Council missed an opportunity to purchase the property at 400 Baltimore Street, and that it could have been used to widen the intersection. Mayor Troxell said that he should have attended prior meetings when the street project was discussed.

The meeting was adjourned to an executive session at 8:45 PM.

The meeting reconvened at 10:20 PM with a motion made by Ms. Brown, seconded Mr. Pitzer to authorize the hiring of Michael Carricato as an entry-level Patrol Officer of the Borough of Gettysburg Police Department as the highest ranked candidate on the Borough’s eligibility list following the testing process conducted by the Gettysburg Borough Civil Service Commission. Motion carried unanimously.

With no further business to come before council moved Mr. Leinbach, seconded Mr. Krummerich to adjourn the meeting at 10:22 PM.

 Respectfully submitted,

 Sara L. Stull

Borough Secretary