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 Richard Thrasher, Chief Joseph Dougherty, Finance Director Nicolette James, Planning Director Scott Dellett, and Public Works Director Dan Hilliard.

Others present included: Tom Jolin, HABPI; Darlene Brown, ACHA/PICPI; Brian Devost, Director, Gettysburg Area Recreation Authority; Mark Wherley, Community Media; Charles Strauss, 38 West Middle Street; Chris Goodacre, 105 East Broadway and Gary Casteel, 45 East Stevens Street. Representing the press was Jim Hale of the Gettysburg Times.

President Birkner announced that the Gettysburg Borough Council conducted an executive session immediately prior to the adjournment of its regular meeting held on July 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 following the adjournment of this meeting consistent with section 708(a)(2) of the Sunshine Act for the purpose of receiving information and discussing strategy related to the negotiation of a collective bargaining agreement with the Teamsters Local No. 776.

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

Moved Mr. Schindel, seconded Mr. Leinbach to approve the July 14, 2014 public hearing and Council meeting minutes as presented. Motion carried unanimously.

Moved Mr. Schindel, seconded Mr. Leinbach to approve to the July 22, 2014 Special Council meeting minutes as amended. Motion carried unanimously.

Special presentation:

Councilman John Butterfield said that to provide financial transparency, the Finance Committee instructed the Finance Director to provide Council with a six month year-to-date financial update. He explained that this came as a result of some Council members commenting that they are not aware of activities of the Finance Committee. All of Council was sent the report on Friday, so that they could review the information before tonight's meeting.

Finance Director, Nicolette James, reported that the budget is mostly on track for 2014 with exception of a few items. The Public Works Department is running slightly over budget for Vehicle Fuel and for Vehicle & Equipment Repairs as a direct result of snow removal from the unusually large amount of snow that we had this past winter. We are already over budget for legal expenses for the Police Department as a direct result of labor union contract negotiations and several grievances that have been filed, especially with regard to the payment issues during the 150th Anniversary of the Battle of Gettysburg. With no contract reached and a few grievances still unsettled, that number can be expected to climb, and we have no way of knowing how much it will ultimately be. Mrs. James said that staff is currently working on providing information for the 2015 budget and also asked the Shade Tree Commission to provide budget items for consideration. Mrs. James responded to questions Council asked regarding the financial information that she prepared.

Public Comment:

Tom Jolin, HABPI, presented Council with information regarding the Grand History Trail. The trail would connect 100 miles of existing disconnected trails to create a 300-mile circular pathway linking Washington, D.C., Maryland and Pennsylvania. Mr. Jolin said that Kevin Hawn of Spring Grove (formerly of Bonneauville) will run approximately 140 miles of the planned trail in October in support of the Grand History Trail. He asked Council for their moral support and possibly for a photo opportunity and welcoming session with Mr. Hawn.

John Butterfield commended Mr. Jolin for the marvelous job in getting this project going. He asked what the next project would be for Gettysburg. Mr. Jolin said that several things are ongoing, such as Queen Street repaving and the Steinwehr Avenue project to include bike lanes. He also noted the 1.2 million dollars was allocated from ACTPO for the next segment going from the REC Park and connecting to the post office is still ongoing.

President Birkner asked when Mr. Hawn would be running the trail. Mr. Jolin said that he will run the trail in October and then come to Gettysburg for a photo event at a later time. The date has not been set, but he expects it to be late October or early November. Bob Krummerich pointed out that some Council members work and asked that the photo event be scheduled in the evening so that they may attend.

President Birkner asked where the nearest location is to get on the trail. Mr. Jolin responded the Hanover Junction (Rails to Trail). Scot Pitzer asked if the Hanover Junction still exists today. Mr. Jolin responded yes, the York Heritage Trail. Mr. Pitzer asked if both projects are relating to the bike loop and trail. Mr. Jolin responded yes, and that both will be part of the Grand Trail to Gettysburg.

Susan Naugle thanked Mr. Jolin for presenting Council with this report. She agreed that this should be a county effort and not just Council support.

Mayor Troxell had nothing to report tonight.

Council Reports:

Jacob Schindel reported that the Legislative Committee met on August 7th. He said that the minutes are not completed, and they would be available in next month's Council books. Mr. Schindel reported that Representative Dan Moul was in attendance to discuss House Bill 1708 regarding the Pension State Aid. The Committee consensus was not to take any action on the House Bill at this time. He also reported that President Birkner provided an update on the Civil War Trust negotiations regarding property on Buford Avenue.

Mr. Schindel reported that he met with Senator Alloway regarding the Steinwehr Avenue grant request, and that he is in direct contact with DELTA Development.

Mr. Schindel reported that Congressman Perry's office and the County Commissioners have reached out to remind everyone to attend the South Mountain Fair in support of local agriculture.

Mr. Schindel pointed out the reports provided by Representative Moul regarding the school district by county salary and pension expenditures for Council to review.

Mr. Schindel reported that the Public Works Committee recommends moving forward with the Precision Cuts sidewalk project. Manager Gable said that he would like the consensus of Council before instructing staff to proceed. He explained that due to the staff time involved in preparation of this program, it is important to have Council approval. Manager Gable also pointed out that this would also take an ordinance change.

Scot Pitzer asked if property owners would be notified with information and cost. Manager Gable reported yes, and that Solicitor Eastman has responded to questions that have come out of prior meetings. He noted that property owners would need to have their sidewalks ADA compliant. Manager Gable said that the property owners would be given the option to use the Precision Cut program or have their sidewalks repaired on their own.

Becky Brown noted that sidewalk repairs were discussed last year before the 150th events, but there wasn't sufficient time to complete. She agreed that Council should proceed with this program.

Mr. Schindel pointed out that this program would provide lower prices for property owners than if they contracted the work themselves. 

President Birkner noted that this was already introduced in the Borough Newsletter and at committee meetings, and that everyone should be aware of the value of this program. Council agreed to recommend that Manager Gable proceed with the Precision Cuts sidewalk program. 

Jacob Schindel gave a brief report on GARA, noting that the opening of the dog park had a good attendance. He reported that the Borough and GARA are still negotiating the lease agreement, and said that GARA is requesting a 25-year lease.

Mayor Troxell also noted the dog park opening was well attended and appreciated by everyone. He congratulated everyone involved with this program. 

Moved Mr. Schindel, seconded Mr. Butterfield to approve the sale to GARA of a 1995 Ford Truck, Kubota Tractor L225T, Woods C' Tiller and a 2004 Ferris Mower for the amount of $1.00. Motion carried unanimously.

Manager Gable pointed out this wasn't included on the Council agenda because he was waiting to hear from GARA Director, Brian Devost, regarding the lease agreement. He noted that this has been an ongoing issue, and that in the policy briefing summary, it details the fiscal impact on the current budget. Mr. Schindel said that GARA needs this equipment to continue the upkeep of the park.

Susan Naugle reported that she and former Interim Manager Peter Marshall had worked on the lease agreement, and that this is now formalizing the equipment agreement. Bob Krummerich asked who stores the equipment. Manager Gable explained that there were issues with the shared arrangement, and that GARA needed the building, so the equipment must be moved. The Public Works crew will move all Borough equipment to the highway shed and that the items sold to GARA would become their responsibility. Kyle Leinbach asked Public Works Director Hilliard if he needed any of the equipment being sold. Hilliard responded that he kept the equipment that his department will need.

John Butterfield pointed out the scheduled meetings that Manager Gable prepared for the upcoming budget workshops. 

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

John Butterfield announced the upcoming PSAB Fall Leadership Conference to be held at the Wyndham in Gettysburg on October 17-19.

Moved Mrs. Naugle, seconded Mr. Butterfield to approve and authorize the issuance of a Certificate of Appropriateness for Item B (45 East Stevens Street), as set forth in the minutes of the July 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. Leinbach to authorize the Borough to request an extension to the three-year project activity completion requirement for the 2010 Community Development Block Grant program to the state Department of Community and Economic Development from June 30, 2014 to October 4, 2014. Motion carried unanimously.

Planning Director Scott Dellett presented Council with a handout explaining the extension request. He said that when this is approved he can "draw down" approximately $60,000 that would exhaust the 2010 CDBG for ADA ramps.

Susan Naugle reported that the Main Street and Gettysburg Municipal Authority reports are in Council books for review. She pointed out that the GMA well # 1 is currently not working due to a pipe breaking during repair work. She said that DEP will advise GMA of necessary work needed. Mrs. Naugle noted that they can still provide the Borough with its water needs. Bob Krummerich asked where this well is located.

Mrs. Naugle responded on Pumping Station Road.

Kyle Leinbach presented Council with a draft resolution regarding Not-for-Profit Appropriation Requests. He said that this would provide Council with information as to how the agencies are using the money. Mr. Leinbach noted that this was presented and discussed at the July Finance Committee meeting. Manager Gable said that he would need Council direction to proceed with a formal adoption of the resolution at the September Council meeting, so that he could incorporate this into the 2015 budget preparations. 

Council members discussed their concerns regarding the appropriation request. Bob Krummerich said that he would support the resolution, but that he doesn't feel Council should take money from taxpayers and give to 501(c) organizations. Graham Weaver and Scot Pitzer agreed with Mr. Leinbach that it is important to see the money is going to be used. Susan Naugle pointed out that 501(c) agencies contribute a lot to the community. She also said that the focus is on non-profits and not all are 

501(c) chapter agencies. She suggested keeping it open to all agencies. Mrs. Naugle thanked Mr. Leinbach for preparing the draft resolution, and said that she is in favor of moving forward with it. Manager Gable said that staff supports this concept in theory because it is good to know what you are appropriating and why. He said that Council should consider the requests and if they further the strategic goals and missions of the Borough. Manager Gable said that Solicitor Eastman will review the resolution. 

President Birkner said that the consensus of Council is to move forward, and asked Manager Gable to prepare and place, on the September Council agenda.

Bob Krummerich announced that the College Community Committee meeting is scheduled for September 18th at 5:00 PM.

Chief Dougherty reported that he spoke to Mr. Laferty from College Security recently, and that this coming Friday, they will begin saturation patrols as students start arriving for college. He noted that if anyone is intoxicated and must be taken to the hospital they would be arrested for public intoxication and possibly underage drinking. It was noted that this would include anyone intoxicated and not just college students. 

Chief Dougherty reported that he will be addressing the freshman class in the near future but that the date has not been determined.

Managers' report:

IESI Update - Manager Gable reported that IESI has reimbursed the Borough for the two solar trash compactors. He said that Solicitor Eastman has reviewed the bid proposal and summarized that the Borough took the appropriate steps to cover the breach by purchasing the items and having IESI provide reimbursement, thereby curing the breach. Based on both parties' actions, the Borough has recouped any damages it may have claimed, and therefore has no grounds for a breach of contract claim.

School Resource Officer Update - Manager Gable reported that the grant was not applied for and asked Chief Dougherty to elaborate on the details. Chief Dougherty explained that in May he was made aware that the Department of Justice had a grant available for a School Resource Officer. He said that he received permission from the Mayor and Manager Gable to apply for the grant. Chief Dougherty said that due to computer issues that both he and the Department of Justice had, he was unable to submit the grant application. He said that he is hopeful that the grant opportunity will become available again next year.

John Butterfield said that he thought Cumberland Township was now providing a School Resource Officer for the Gettysburg School District. Chief Dougherty said that this happened after the grant application process, and that the school district had sent out request for proposals that were due in July. He noted that this also covered schools outside of the Borough boundaries. Mr. Leinbach said that the School Board has not yet voted on the budget appropriation yet. 

John Butterfield asked if there are jurisdictional issues when Cumberland Township Police are working in the Borough. Chief Dougherty responded that under ACT 42, the Municipal Police Jurisdiction Act, the Borough must request that Cumberland Township Police come in and enforce the law in the Borough's jurisdiction. He said that he doesn't know how this will be handled with a School Resource Officer.

John Butterfield asked that Mayor Troxell and Manager Gable speak with 

Dr. Redding to discuss jurisdictional issues. Mayor Troxell reported that he has already met with Dr. Redding and that they will continue to do so.

Staff Project Updates - Manager Gable gave a brief presentation regarding staff and Council duties. He pointed out that Council currently has seven committees with most of them meeting monthly in which staff members must attend. Manager Gable pointed out the list of initiatives are then generated from these committees, noting that there are twenty six initiatives to date. He said that staff needs guidance from Council and better communication between each other. He then asked Council what their vision is and to set priorities. 

Proposed Revision to Committee System - Manager Gable suggested adding a new line item on the agenda titled, "new business". President Birkner could then assign the items to a committee for review. Manager Gable said that staff would produce a Policy Briefing Summary (PBS) that would be included in the Council books to keep Council better informed of each topic.

Susan Naugle noted that Council has struggled with the committee structure for years. She said that Council tried two monthly Council meetings in the past and also eliminated some committees. Mrs. Naugle said that she felt Council was losing its connection with the citizens, and that the residents liked having the committee meetings. It also added an extensive amount of work for staff and Council, and they eventually went back to one monthly meeting and continued with the committee structure. Mrs. Naugle said that she is willing to try this new approach, and that the PBS would be beneficial to Council. 

Some Council members stated that there were too many meetings and that it was burdensome for staff. Bob Krummerich noted that he recalls a five/three vote to return to the committee system and one monthly Council meeting, which was also encouraged by staff members. At this time Council discussed the PBS reports and felt that they may be beneficial for Council. They also discussed prioritizing the list of initiatives. Manager Gable said that he will prioritize the list and proceed with this new approach to be included in the next Council meeting books.

President Birkner stated that a nine-member Council is inherently unwieldy and that seven members would be better to work with. A citizens from the community must petition for this process to reduce the number. He noted that he is not pushing this but just suggesting it. With so many members that are so engaged and articulate as we have now, it is sometimes difficult for the manager.

Moved Mr. Schindel, seconded Mr. Butterfield to accept the J. P. Harris Tax Exoneration Report for tax year 2010, 2011 and 2013 as presented. Motion carried unanimously.

Bob Krummerich asked that when residents are going on vacation can they request the police to do property checks at their house. Chief Dougherty responded yes, they would complete a form for the police department with the necessary information.

Public Comment:

Darlene Brown commented that Elm Street conducts a major cleanup program twice a year. She said that the dumpsters are placed at the Recreation Park for people to use. Mrs. Brown said that with the money given to their agency by the Borough, they could provide documentation regarding this service that they provide to Borough residents. 

With no further business to come before council moved Mr. Schindel, seconded Mr. Pitzer to adjourn the meeting at 9:50 PM.

Respectfully submitted,

Sara L. Stull, Borough Secretary