Council Meeting

President 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: Borough 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 Chad Clabaugh, Engineer, C. S. Davidson.

Others present included: Susan Trostle Flowers, Gettysburg Area Retail Merchants Association; Norris Flowers, Executive Director, Destination Gettysburg; Darlene Brown, PICPI-ACHA; Dr. Larry Redding, Superintendent, Gettysburg Area School District; Attorney John Phillips, Steinwehr Avenue BID; Todd Mickley, Steinwehr Avenue BID; Tammy Myers, Gettysburg Heritage Center; Jon Muller, Great T Shirt, 65 Steinwehr Avenue; Jack Bream, Gettysburg Area Recreation Authority; Brian Devost, Director, Gettysburg Area Recreation Authority; Charles Strauss, 38 West Middle Street; Conor Brooks, 300 North Washington Street; Wesley Heyser, 226 North Stratton Street and Steve Hemler, 535 York Street. Representing the press was Jim Hale of the Gettysburg Times.

President Birkner announced that the Gettysburg Borough Council conducted an executive session immediately following the adjournment of its monthly general business meeting held on August 11, 2014 consistent with Section 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 Section 708(a)(2) of the Sunshine Act for the purposes of receiving information and discussing strategy related to the negotiation of a collective bargaining agreement with the Teamsters Local No. 776 and of receiving information and discussing strategy and the possible settlement of any grievance matters filed by the Teamsters Local No. 776.

Manager Gable requested that the motion amending the amusement license be removed from the agenda. He said that it would be ready for placement on the November agenda. Council approved the request to remove this item from the agenda. 

Manager Gable also requested removing the motion regarding a change order for extra work associated with Queen Street, which does not require a motion by Council tonight. Council approved the request to remove this item from the agenda.

Mr. Weaver asked to amend the "approval of the September 8, 2014 agenda as presented" to read as follows.

Moved Mr. Weaver, seconded Mr. Pitzer to amend the agenda to approve the September 8, 2014 agenda as presented contingent upon revision of the format of all future agendas to include the dollar cost to the Borough in proposals requiring the expenditure of public funds. After some discussion the motion was withdrawn.

President Birkner said that he spoke with Mr. Weaver regarding this request. He said that he has no objection to him raising this issue, but that he doesn't believe he has the authority to move this forward. He deferred to the solicitor to comment.

Solicitor Eastman said that this is not the proper manner in which to handle this request. He said that the Borough Ordinance gives the authority to the Borough Manager to prepare the agenda for Council. If Council needs more information on the agenda then they should make a request to the Borough Manager. Solicitor Eastman went on to say that Council would need to make a change to the ordinance provision to mandate a change in regards to the agenda. 

Mr. Weaver asked if the Council is powerless. Solicitor Eastman responded no, but that they must follow the Borough Code which delegates the duties to the Borough Manager. He also pointed out that the Borough Manager meets with the Borough Secretary, Council President and solicitor each month to prepare the Council agenda.

Manager Gable read the Borough Ordinance; Chapter 1, Part 3: Section 1-307 Subsection H: "The Powers of the Borough Manager states that he shall prepare an agenda for each meeting of Borough Council and supply facts pertinent thereto". He said that all of staff including him has done this in the Policy Briefing Statements (PBS). Manager Gable said that these are prepared for each project which includes the cost. Any further revisions to the agenda would be redundant.

Mr. Weaver responded that he feels the PBS are helpful and has a lot of information, but said that he doesn't always have time to "dig through the book" during the meeting. He said that these would serve as an executive document summarizing the projects. Mr. Weaver said that he believes having the information on the agenda would be more beneficial with the financial impact. Mr. Weaver suggests Council consider amending the Borough Code. Manager Gable noted that the motions normally have the costs associated with it on the agenda.

President Birkner said at this time he would like to stop the debate on this subject. He pointed out that there are two separate and distinct issues: 1) whether legally Council can bring a motion of this nature to the floor at this time; and 2) substantive issue of whether it's desirable to add something to what the Borough Manager is already providing for Borough Council. President Birkner said that at this point he believes it's best if Council wishes to review they can discuss at a later time. He said that if Council wishes to pursue the issue then we can look at the legal prospect of changing the ordinance. 

Mrs. Naugle respectfully requests that Mr. Weaver withdraw his motion in the interest of a full agenda tonight. She said that this will give Council time to review and consider this request. Mr. Weaver withdrew his motion, but said that he will continue to pursue his request to make this change to the agenda.

Mr. Krummerich mentioned that with respect to separation and powers, Mr. Weaver will still have a legislative ability that whenever an issue is brought up if cost isn't included on the agenda he could ask questions. 

Mr. Pitzer added that Mr. Weaver's proposal sounded like its common sense and will look forward to considering this in the future so that the public and media know what Council is voting on.

Mr. Butterfield pointed out that the public and media are aware of what is on the agenda because it is placed on the Borough Website prior to each meeting.

Moved Mr. Leinbach, seconded Mr. Pitzer to approve the agenda as amended. Motion carried unanimously. 

Mr. Krummerich asked that the minutes of August 11, 2014, page 7, be amended to read five/three vote and not five/four. 

Moved Mr. Butterfield, seconded Mr. Leinbach to approve the August 11, 2014 minutes as amended. Motion carried unanimously. 

Special presentation:

Susan Flowers, representing the Gettysburg Area Retail Merchants Association (GARMA), addressed Council regarding the free holiday parking program and to extend the agreement regarding the placement of the Christmas tree. She noted that both letters were sent to Council for review. Mrs. Flowers said that the free parking program has been done for many years. She said that it begins on Thanksgiving and continues through New Year's Day, with designated spots free from Noon until 8 PM. Mrs. Flowers pointed out that GARMA places and removes the signs from the designated spots.

Susan Naugle said that this is a procedural request and that it will be reviewed by the Community Development Committee. The committee's recommendation would be placed on Councils October agenda for approval.

Mr. Butterfield said that he supports the Holiday free parking program, noting that it's worthwhile and is good for the retail businesses. He pointed out particular facts stating that there are 163 meters in the requested area; 29 days in a month; 8 hours each day. Mr. Butterfield said that by approving GARMA's request for free holiday parking, the Borough has a potential maximum loss of $37,816 in parking meter revenue. 

Mr. Butterfield said that Council should be considered a business friendly Council.

Mr. Schindel said that the Borough does lose a fair amount of revenue, but that he supports the parking program because it benefits the downtown businesses. He said that parking enforcement should be managing the free parking area during this time period. 

Mr. Pitzer asked if GARMA is asking Council for a donation to use the parking meters or do they pay for the parking. Mrs. Flowers said that GARMA has not paid for the parking since its inception. She said that they do encourage the Borough to enforce the 2-hour limit to turn over the parking spots to be used by the shoppers.

Susan Flowers said the second letter pertains to the current agreement between the Borough and GARMA with respect to the Holiday decorations which is up for renewal this year. They are requesting a five-year agreement beginning this holiday season of 2014. She noted that the Borough Public Works crew has erected and dismantled the Christmas tree in Lincoln Square from the start. 

Mr. Butterfield asked Dan Hilliard for his input to the addition of items five and six regarding the Borough delivering the Holiday Banners from the storage facility to the appropriate poles throughout the Borough; and to purchase and/or replace any lampposts designated for wreaths to be pre-wired for electricity. He asked if this is anything other than what they currently do. Dan responded no. He said that any new poles that are ordered are already pre-wired with receptacles. Dan said that his crew has always placed the banners, but pointed out that they are at the mercy of the utility companies because they own the poles. Mr. Butterfield said then that this agreement is just formalizing something that the Public Works crew had already been providing.

Mr. Krummerich asked what shape the Christmas tree is in. Dan said that it was still ok when it was taken down last year. He said that GARMA does the necessary maintenance on it each year before the crew puts the tree up.

Dr. Larry Redding, Superintendent, Gettysburg Area School District gave background information regarding the newly created School Resource Officer (SRO) position. He said that the school would provide funding for a full-time position and that this person would maintain all of the school buildings and properties within the district. They want to accomplish prevention and preparedness throughout the School District. 

Dr. Redding said that both Cumberland Township and the Borough of Gettysburg were interested. He said that Cumberland Township was the only RFP that they received. The School District is currently reviewing that contract. He said that the process will take a few months to finalize with Cumberland Township. Dr. Redding said that a Memorandum of Understanding would then need to be approved between the Borough and School District because of the schools that are located within the Borough jurisdiction. He said that the school solicitor is currently working on the language for the MOU.

Mr. Leinbach asked where the jurisdiction would be for the Cumberland Township Officer, throughout the Borough or only on school property. Dr. Redding responded that the duties of the SRO would be on school property.

Mr. Butterfield commended Dr. Redding for the School District's program on prevention and preparedness. He asked who would be in charge when an incident occurs at the school and another officer arrives before the SRO. Dr. Redding responded that these concerns would be addressed in the MOU. 

Mr. Leinbach asked if the Borough doesn't approve the MOU would that prevent the School District from providing this crime prevention program. Dr. Redding responded no, but it would create a large void in the consistent approach for this program. They want to make sure situations are handled going from one district to another. 

Mr. Pitzer asked what the timeframe is to hire the SRO. Dr. Redding responded he hopes to implement it by January 1st.

Mr. Pitzer commented that if Council is planning to have serious talks with Cumberland Township to regionalize the police department this seems like a good place to begin. The more the Borough can work together with other communities the more we could save taxpayers dollars.

Mr. Krummerich asked if the SRO could be available in other locations if there is an emergency and not just restricted to the school. Dr. Redding responded that normally when there is an emergency everyone responds and helps.

Mayor Troxell noted that the school attorney would also be working with the Borough Solicitor in completing the MOU. 

Dr. Redding said that the school has had a good cooperative working relationship with the Borough police. He complimented the chief and the officers in helping them get the school off to a good start this year.

Solicitor Eastman said that he has had some preliminary talks with the school solicitor and will work together on the intermunicipal agreement between the Borough and School District.

Public Comment:

Jack Bream, GARA, thanked Susan Naugle and Dan Hilliard for all their help with the Recreation Park. He also thanked Mr. Butterfield for contacting them to let them know that the GARA 2015 budget must be submitted to the Borough by October 1st. 

Mr. Bream said that he hopes the lease agreement between the Borough and GARA gets approved tonight. He also noted that they have requested for a twenty-five year lease and not ten as the Borough proposed. Mr. Bream also asked that the $8,000 shortage be approved tonight to support GARA. He said that the Board looks forward to working with the Borough and Cumberland Township.

Mayor Troxell announced that the Borough Association meeting is scheduled for Monday, September 15th at 6:15 PM at the Pike Restaurant. He said that if anyone is interested in attending should contact Sara Stull.

Mayor Troxell reported that he is expecting a delegation from Japan in October to meet with Borough representatives as well as other community leaders. He said that they are interested in learning about the Borough's relationship with the battlefield and to possibly establish a sister city arrangement. Mayor Troxell asked that a committee be formed to plan for their arrival. He said that Norris Flowers would be willing to serve on this committee.

President Birkner asked Mr. Butterfield if he would be interested in serving on this committee. Mr. Butterfield said he would be happy to serve. A meeting will be determined at a later date.

Moved Mr. Schindel, seconded Mrs. Naugle to authorize the Borough to enter into a proposed ten (10) year lease agreement with Gettysburg Area Recreation Authority (GARA) in connection with GARA's use and operation of the Gettysburg Recreation Park for recreation purposes. After discussions a roll call vote was taken. Yea: Ms. Brown, Mr. Butterfield, Mr. Krummerich, Mr. Leinbach, Mrs. Naugle, Mr. Pitzer, Mr. Schindel, Mr. Weaver and Mr. Birkner. After considerable discussions the vote passed unanimously.

Mr. Leinbach asked to amend the motion to a twenty-five (25) year lease with GARA. He said that a request from the GARA Board to extend the lease is best for them. Mr. Leinbach said that he believes this would provide them the opportunity to secure other funding sources that would help relieve the Borough's financial obligation to GARA.

Moved Mr. Leinbach, seconded Mr. Pitzer to authorize the Borough to enter into a proposed twenty-five (25) year lease agreement with Gettysburg Area Recreation Authority (GARA) in connection with GARA's use and operation of the Gettysburg Recreation Park for recreation purposes. After discussion they both withdrew their motion.

Some discussion took place regarding the term of the lease. Mr. Butterfield asked Mr. Pitzer to comment on the discussion that occurred at Solicitor Eastman's meeting regarding the change from twenty-five to ten-year lease. Mr. Pitzer did not comment. 

Mr. Butterfield then explained that with two different organizations participating in a common piece of real estate or activity that it was better to go with a ten-year lease with an automatic renewal. Solicitor Eastman explained that a ten-year lease would not bind future Councils like the twenty-five year lease would. He pointed out that Council cannot terminate the lease without the consent of GARA. He also noted that the land was deeded to the Borough to be used for recreation. Solicitor Eastman also said that if GARA were to incur debt that the Borough would be responsible for that debt. The twenty-five year period under the circumstances seems to be to long of time for this agreement. He noted that the ten-year agreement is with an automatic renewal.

Mr. Weaver said that he likes having the flexibility to review the lease. 

Mr. Leinbach asked about other funding sources that the GARA Board could pursue. Solicitor Eastman said that if GARA has a specific item to their advantage then they should present it to Borough Council to make a determination. Mr. Leinbach also asked if this lease agreement would be more legally binding to future Councils than the parking garage lease. Solicitor Eastman responded that there was specific financing that needed to be procured for the Borough to construct the parking garage. Therefore that lease needed to be specific to a length of time that covered the financing and life of the structure. He said that if GARA has these types of specifics, then they should present them to Borough Council. 

Mrs. Naugle said that she spoke with DCNR representatives about the terms and that a ten-year term is acceptable for grant purposes.

At this time Mr. Leinbach and Mr. Pitzer withdrew their motion for a twenty-five year lease with GARA.

Mr. Krummerich asked to amend the motion to a twenty-year lease with GARA. The discussions continued regarding the options presented for the term of the lease. 

Moved Mr. Leinbach, seconded Mr. Krummerich to authorize the Borough to enter into a proposed twenty-year (20) lease agreement with Gettysburg Area Recreation Authority (GARA) in connection with GARA's use and operation of the Gettysburg Recreation Park for recreation purposes. A roll call vote was taken. YEA: Mr. Krummerich, Mr. Leinbach, Mr. Pitzer and Mr. Schindel. NAY: 

Ms. Brown, Mr. Butterfield, Mrs. Naugle, Mr. Weaver and Mr. Birkner. The vote failed 4 YEA/5 NAY. 

At this time the vote was taken for the ten-year lease and it passed unanimously.

Mr. Butterfield asked if Cumberland Township is doing a similar lease agreement with GARA. Jack Bream responded that the Board hasn't discussed it yet, but they plan to in the near future.

Moved Ms. Schindel, seconded Mr. Pitzer to approve an unbudgeted expenditure of $8,000.00 in Fiscal Year 2014 from the General Fund Reserve to Gettysburg Area Recreation Authority (GARA) to support operational needs of GARA. A roll call vote was taken. YEA: Ms. Brown, Mr. Butterfield, 

Mr. Krummerich, Mr. Leinbach, Mrs. Naugle, Mr. Pitzer, Mr. Schindel and Mr. Weaver. NAY: Mr. Birkner. The vote passed 8 / 1.

Mr. Butterfield pointed out that Council approved $55,000 in the 2014 budget. He noted that by approving the unbudgeted expenditure of $8,000 to GARA from the FY 2014 General Fund Reserve, the Borough now has a deficit of approximately $160,000.00 for this fiscal year.

Manager Gable said that staff has prepared three options for Council; 1) the motion on the floor; 2) defeat the motion on the floor; and 3) defeat the motion on the floor and direct the Manager to appropriate an additional $8,000 for 2015. Manager Gable said that Council stresses about appropriations that aren't budgeted, and noted this will increase this year's budget shortfall.

Mr. Krummerich asked if this money was promised to GARA. Mr. Schindel responded yes and that the contribution was included in the MOU. President Birkner said that his understanding was that the $8,000 wasn't cash money to give. He went on to say that when Interim Manager Peter Marshall had discussions with GARA, that the Borough was going to donate $20,000 worth of equipment. The Borough would accept $8,000 for the equipment to help make the operation work. President Birkner said that given the nature of our relationship and the desire to have good relations with GARA, he would approve Option 3.

Finance Director James pointed out that the budget was passed before the MOU agreement was signed. Mr. Leinbach said that he believes the background information in the Policy Briefing Statement that the Manager prepared is flawed. He said that the MOU says that the Borough and GARA were not able to agree on a fair price for the equipment which ultimately resulted in the lower approved budget appropriation. Discussions continued regarding the MOU. Jack Bream told Council that GARA needs the $8,000 to continue the work that they are doing at the Recreation Park. Mr. Schindel also said that it would be a hardship for GARA, because they don't have any reserves to draw from.

Mrs. Naugle asked the Solicitor what the Borough's obligation was and legality given to the wording of the MOU. Solicitor Eastman explained that Council approved to pay GARA $63,000 in two installments. The agreement was never finalized between GARA and the Borough to pay with cash and equipment. He said it would be appropriate to provide GARA with the contribution in fiscal year 2014.

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. Schnidel to approve the transfer of Fire Tax revenue received through 7/31/2014 to the Fire Tax Fund checking account in the amount of $28,656.16. Motion carried unanimously.

Moved Mr. Butterfield, seconded Mr. Leinbach to approve the Minimum Municipal obligation (MMO) for the Gettysburg Police and Non-Uniformed Pension Plans for 2015. Motion carried unanimously.

Moved Mr. Butterfield, seconded Mr. Krummerich to authorize the Borough Manager to enter into an MOU with Columbia Gas on the East Middle Street project for fiscal year 2015, defining both projects' financial obligations and cost sharing arrangements between both entities. A roll call vote was taken. 

YEA: Ms. Brown, Mr. Butterfield, Mr. Krummerich, Mr. Leinbach, Mrs. Naugle, Mr. Schindel and Mr. Birkner. NAY: Mr. Pitzer and Mr. Weaver. 

The vote passed 7 / 2.

Chad Clabaugh gave a brief explanation regarding the East Middle Street project. He noted that this project has been on the schedule for five-years, but that they needed to coordinate with Columbia Gas. He also said that the Borough needed to repair Queen Street first. Mr. Clabaugh pointed out reasons that this project must be done; safety, the storm sewers are failing, drainage and it's also a cooperative effort with Columbia Gas. 

Mr. Weaver said it would be beneficial to show the costs involved for this project. He said that the PBS shows an estimated cost over $800,000. President Birkner said that this is preliminary and that we don't have any actual costs yet. Mr. Clabaugh pointed out that the motion is not setting costs for the project. He said that plans need to be completed with Columbia Gas, and that would detail the costs. Manager Gable said that the Borough is partnering with Columbia Gas, and that the dollar amount has not been determined. Discussions continued regarding the MOU with Columbia Gas and Solicitor Eastman was then asked to give his opinion. Solicitor Eastman responded that there is no legal issue, and that this is a preliminary agreement. The Borough would be partnering with Columbia Gas to move forward on this project.

Mr. Butterfield reported that $64,533.56 was collected for the pillow tax as of June 30th. 

Mr. Butterfield announced that the PSAB Conference will be held in Gettysburg on October 17-19. If anyone is interested in attending should contact Sara. 

Mrs. Naugle reported that Deb Adamik, Main Street Gettysburg, conducted a survey of Lincoln Square and presented it to the Community Development Committee. This was forwarded to Council for review.

Moved Mrs. Naugle, seconded Ms. Brown to approve and authorize the issuance of Certificates of Appropriateness for items: A (218 York Street), B (26/28 Carlisle Street), D (785 Baltimore Street), and E (105 East Middle Street), as set forth in the minutes of the August 20, 2014, meeting of the Historic Architectural Review Board consistent with the findings and recommendations of HARB as set forth therein. Motion approved unanimously.

Moved Mrs. Naugle, seconded Mr. Leinbach to authorize the advertisement of two pubic hearings for the Borough's 2014 Community Development Block Grant program; the first hearing will be before Council's Community Development Committee meeting at 3 PM on Thursday, October 9, 2014 in Council Chambers and the second hearing will be at 6:45 PM before the Borough Council meeting on Monday, November 10, 2014. Motion carried unanimously.

Moved Mrs. Naugle, seconded Mr. Schindel to authorize the Borough Manager to execute a contract with C. S. Davidson, the Borough Engineer, in a lump sum fee of $47,262.00, for the design of stormwater management improvements for the proposed Racehorse Alley Greenway from Buford Avenue to North Franklin Street for the Chesapeake Bay Trust Green Streets Grant. Motion carried unanimously. 

Mr. Weaver asked how long this will take and how many people would be involved with this project. Chad Clabaugh responded it is proposed to be completed in six months, and said that it would involve ten or more people including several from his office. Mr. Clabaugh noted that the funding must be used in one year.

Moved Mrs. Naugle, seconded Mr. Butterfield to authorize the preparation and advertisement for enactment of an ordinance reenacting the Steinwehr Avenue, Heart of Gettysburg Battlefield Neighborhood Improvement District Ordinance for the purposes of extending the NID beyond its originally authorized automatic termination date of December 31, 2014 and providing for its reauthorization for an additional seven- year (7) period through December 31, 2021 consistent with the provisions of the Neighborhood Improvement District Act. Motion carried unanimously.

Solicitor Eastman gave a brief summary regarding the process for the NID. He said that a public hearing was advertised and that all property owners were notified. Comments were then received by the public, and Council adopted the preliminary plan. 

The property owners then had a forty-five day period in which to submit there objection. Solicitor Eastman said that there must be 40% or more (27 objections) to object to the final plan. He said that the Borough received thirty-five objections but that fourteen withdrew their objections, noting that 13 of these were valid. Solicitor Eastman said that totaled 24% of the owners and didn't meet the 40% that was needed to object to the plan. Council can now proceed to authorize the enactment of the ordinance in October.

Mr. Weaver asked if this is the first announcement of the results. Solicitor Eastman answered yes. Mr. Weaver asked why the announcement didn't occur sooner. Solicitor Eastman responded it was the first meeting with Council since the closing date to submit objections on August 28th.

Mr. Krummerich asked if it is unusual to get that many withdrawals. Solicitor Eastman responded that it was his understanding that there was a campaign to get objections to the BID and there was misinformation. The information was then subsequently provided and withdrawals were then submitted. 

Mr. Pitzer asked if the BID is under a state code. Solicitor Eastman explained that the Business Improvement District is authorized under a state act which is the Neighborhood Improvement District (NID) Act. He noted the BID is a sub part under the NID. Mr. Pitzer asked if a property didn't submit a letter for or against the BID, was that property counted. Solicitor Eastman said that it doesn't count, but that it gives the property owner the opportunity to object.

Mrs. Naugle gave an update that GMA will be drilling a new well for Well #1. She also said that they are finalizing the agreements to replace the aging interceptor that is required by DEP.

Moved Mr. Weaver, seconded Mr. Leinbach to authorize the Solicitor to prepare an ordinance to be subsequently enacted for the purposes of removing an area on South Franklin Street between West Middle Street and West High Street from the Borough's Residential Permit Parking System. Motion carried unanimously. 

Moved Ms. Brown, seconded Mr. Butterfield to reappoint Jim McCabe to the Historical Architectural Review Board for a five-year term expiring in August 2019. Motion carried unanimously. 

Moved Mr. Leinbach, seconded Mr. Krummerich to authorize the Borough Manager and the Finance Director to create and implement a standardized budget appropriations request form for use by nonprofit organizations consistent with the proposal and requirements for such appropriations as presented to the Finance Committee at its meeting in July 2014 and as presented to the Borough Council at its meeting on August 11, 2014. Motion carried unanimously.

Mr. Pitzer asked if this is the final adoption needed to proceed with Mr. Leinbach's request for nonprofit appropriations. Mr. Leinbach responded yes unless a resolution is needed. Solicitor Eastman said that a resolution is not needed for this. Manager Gable said that the forms will be sent to agencies to submit for their donation request. Mr. Leinbach said that he would hand-deliver the forms to all agencies. 

Mr. Krummerich asked that this information be placed in the Borough Newsletter.

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

Mr. Pitzer thanked the Gettysburg Bike Week organization for underwriting ACTV to film the Council meetings for the remainder of the year.

Manager Gable gave a brief review of the new Policy Briefing Statement books that were given to Council. He said this is a list that staff put together that outlines the priorities.

Moved Mrs. Naugle, seconded Ms. Brown to approve a staff work plan that delineates administrative and legislative priorities for the remainder of Fiscal Year 2014. A roll call vote was taken. YEA: Ms. Brown, Mr. Butterfield, 

Mr. Krummerich, Mrs. Naugle, Mr. Pitzer, Mr. Schindel and Mr. Weaver. NAY: Mr. Leinbach and Mr. Birkner. The vote passed 7/2.

Mr. Weaver asked if this information in the new Policy Briefing Statement (PBS) books is a list of what he is planning to pursue the remainder of the year. Manager Gable responded yes. Mr. Butterfield asked why he doesn't see any work plan for the police department which is the largest. Chief Dougherty responded that the contract needs to be settled first so that he can plan. Mr. Butterfield asked about the SOG reports that he prepared. Chief Dougherty said that the SOGs are updated every two-years and aren't due until 2016. 

Mr. Leinbach said that policy questions are between the Mayor and Chief and not Council. He noted that he will vote no for the PBS stating that he trust the Managers' decisions. Manager Gable said that it is imperative that staff understands the direction Council wants to go. Mr. Leinbach said his opinion is that Staff should prioritize their job duties. President Birkner said that he is sympathetic to the Manager. He said it is sometimes hard for the Manager and Staff to know what Council needs. Mr. Pitzer said that he is uncomfortable telling the Manager how to do his job. Mrs. Naugle said that she feels it helps staff for the Manager to put the priorities in order.

Moved Mr. Schindel, seconded Mr. Leinbach to accept the J. P. Harris Tax Exoneration report for tax year 2001, 2002, 2003, 3007, 2008, 2009, 2010, 2011, 2012 and 2013 as presented. Motion carried unanimously.

Public Works Director Hilliard reported that the Steinwehr Avenue project is due to begin this week. President Birkner asked what the expected time frame to have Steinwehr Avenue paved. Mr. Hilliard responded next year. Scot Pitzer asked if the work isn't completed this year are there any penalties with the grant money. Mr. Hilliard said that it is federal grants and not the Borough. Chad Clabaugh also said that it is the Eastern Federal Highway Division that is administering this project. He doesn't believe it will affect the grant since the funds were earmarked for this project.

PUBLIC COMMENT:

Wesley Heyser said that he would like to recognize the merit of the Greenway Project to design stormwater management improvement to Race Horse Alley. He said that this is a great use of grant funds. Mr. Heyser said that he commends Council for donating the money to GARA and also for approving the form for nonprofit appropriations which will be helpful in preparing the budget. Mr. Heyser also expressed some concern in regards to the MOU with Columbia Gas, and that there may be some disadvantages.

Charles Strauss suggested that the Legislative Committee reach out to state officials to acknowledge some of the challenges that face the Borough. Mr. Schindel responded that the Committee doesn't meet regularly, and noted that they recently met with Representative Dan Moul to discuss the Pension Bill. He said that they would normally contact legislators and meet with them to discuss particular issues.

Darlene Brown reported that the Chamber of Commerce also has a Legislative Committee, and said that the state representatives or their field representatives attend the monthly Chamber of Commerce meetings.

The meeting adjourned to an executive session at 10:15 PM. The meeting reconvened at 11:00 PM.

Moved Mr. Schindel, seconded Mr. Leinbach to ratify the settlement agreement as a full resolution of the Teamsters Local number 776"s ("Union") Grievance number 40656 (Weikert, et al/Mandatory Days) which includes a cash settlement amount of $16,976.82. Motion carried unanimously.

Moved Mr. Schindel, seconded Mr. Leinbach to authorize the Borough Manager to engage in discussions about outsourcing police services. Motion carried unanimously.

With no further business to come before council, moved Mr. Butterfield, seconded Mr. Schindel to adjourn the meeting at 11:05 PM.

Respectfully submitted,

Sara L. Stull

Borough Secretary