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: Borough 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: Stephanie McIlwee, Manager, Elm Street Gettysburg; Patti Lawson, Board Chair, Main Street Gettysburg; Chris Glatfelter, Executive Director, Adams County Arts Council; Vickie Huffacker, Executive Director, Adams County Office of Aging; Ann Birely, Adams County SPCA; Deb Adamik, CEO, Main Street Gettysburg; Darlene Brown, Executive Director, PICPI; Emmett Patterson, Board Member, Main Street Gettysburg; Susan Flowers and Leonard Loski representing the Gettysburg Area Retail Merchants Association (GARMA); Speros Marinos, Trinity Church, 60 East High Street; Wesley Heyser, 226 North Stratton Street; Philip Goble, 132 East Middle Street; Charles Strauss, 38 West Middle Street; Conor Brooks, Gettysburg College, Box 323; Roberta Cooke, 1040 Long Lane; Steve Hemler, 535 York Street; Tom McKenney, 150 York Street; Mike Shestok, 264 Baltimore Street; Daniel Bowes, Gettysburg College and Stephanie and James Wood, 116 Chambersburg Street.

President Birkner opened the meeting and stated that the Borough has had some pretty remarkable success, in terms of what kind of Borough we are in being proactive and head of any other communities in rebuilding and strengthening our community. He also commented about the recent announcement that the Borough received a series of grants recently and noted the $495,000.00 grant for the Steinwehr Avenue project. Mr. Birkner thanked Senator Richard Alloway and Representative Moul for their efforts in securing these grants. He also thanked the Council members and staff that attributed to this success.

President Birkner announced an executive session of the Borough Council was conducted immediately prior to the adjournment of its monthly general business meeting held on October 14, 2014 consistent with section 708(a)(2) and section 708(a)(4) 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)(1), section 708(a)(2) and section 708(a)(4) of the Sunshine Act for the following purposes: (1) to discuss matters involving the employment and the terms of employment of the police officers of the Borough of Gettysburg; (2) to received information and to discuss strategy related to the negotiation of a collective bargaining agreement with the Teamsters Local No. 776; and (3) to consult with its solicitor regarding information in connection with an appeal filed by the Teamsters Local No. 776 in the Commonwealth Court of Pennsylvania, No. 1768 C.D. 2013, captioned Borough of Gettysburg v. Teamsters local No. 776.

Mr. Leinbach made a motion to table the motion under finance to adopt the proposed budget. President Birkner asked for clarification as to whether Mr. Leinbach was asking for this motion to be removed from the agenda. Solicitor Eastman explained that it can be done either way by removing it from the agenda or tabling it when it comes up on the agenda for discussion. Mr. Leinbach removed his motion to table it.

Moved Mr. Leinbach, seconded Mr. Schindel to remove the motion from the agenda to approve the proposed budget. A roll call vote was taken. 

YEA: Mr. Pitzer, Mr. Krummerich, Mr. Leinbach, Mr. Schindel and Mr. Weaver. NAY: Ms. Brown, Mr.Butterfield, Mrs. Naugle and Mr. Birkner. The motion passed 5-4.

Discussions regarding the motion ensued.

Mr. Leinbach noted that his reasons are because there were only five days to review the current budget; the budget substantially changed since the last budget proposal; new items that weren't in the previous budget proposal; and he also feels that there is room for valuable compromise amongst Council members.

Mrs. Naugle asked Mr. Leinbach what specific items appear to be new to him. Mr. Leinbach responded most importantly the pole building for the Public Works Department wasn't included in any previous budget he received. He said he reviewed the Capital Reserve budget and it wasn't included in the first draft. Mr. Leinbach also said that he feels they haven't had a viable discussion on personnel issues regarding staffing which must be done in executive session.

Mr. Krummerich asked if the intention is to talk about the issues tonight or if Council wants to hold another budget workshop to discuss them further.

Scot Pitzer said that he supports Mr. Leinbach and noted that this is the first meeting since receiving the completed budget, and that he would also like to discuss it further.

Mr. Butterfield said that if this is delayed for another budget workshop it would push Council to December. He asked the solicitor to explain the timeframe required for the public review period and input. Solicitor Eastman responded that a minimum of ten days is required for public review of the proposed budget, but noted that the Borough always gave a longer period for public review. 

Solicitor Eastman reminded Council that even though they would take action with the current motion for the public review and input, he noted that the finalization with the budget could not occur today. He pointed out that the Borough Code provides that Council can make any modifications or amendments by motion prior to the adoption of the budget as long as the budget is adopted by the deadline of December 31, 2014. Solicitor Eastman said that a special meeting would need to be advertised prior to the regular December Council meeting so that the proposed budget could be approved. He said that the final budget could then be approved at the December Council meeting.

Mr. Krummerich asked if the budget workshop meeting would need to be advertised. Solicitor Eastman responded yes.

Mrs. Naugle pointed out that there were three budget workshop meetings held as well as two Finance Committee meetings, and that all members of Council were invited to attend these meetings to review and discuss the budget. She said that she received at least three versions of the budget; and that when each time a version came out, the Manager responded to that input and those request from Council. The Borough Manager made those changes for Council and prepared a final proposed budget which is before Council tonight. Mrs. Naugle said she feels everyone had the opportunity to have their say, and it is now time to get it out for the public to review and comment. 

President Birkner said that there is a process to follow which involves back and forth between the Manager, who presents the budget, and members of Council who make the final decision. He pointed out that this is not a "rush and stuff budget", and said that it has been "tweaked, massaged, debated, deliberated and in general fairly considered". President Birkner said that there is still time to make changes and amendments before the final budget is adopted. He said that a vote would not be "definitive".

President Birkner went on to say that this is the opportunity for the Manager to present the budget to Council He said that Mr. Leinbach's motion is not compelling, and throws a "wrench in the works of what has been a lively and useful exercise" . He said that we owe it to ourselves and to the community to move forward. President Birkner said that he cannot support this motion.

Solicitor Eastman recommended removing the tax ordinance motion from the agenda because it flows with the adoption of the budget and would be premature at this time. Council agreed to remove the motion from the agenda tonight.

Mr. Krummerich announced that a special Council meeting is scheduled, and will be advertised for Monday, November 17th at 4:00 PM.

Moved Mr. Pitzer, seconded Mr. Schindel to approve the November 10, 2014 agenda as amended by removing the budget. YEA: Mr. Birkner, Mr. Schindel, 

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

Moved Mr. Pitzer, seconded Mr. Schindel to approve the minutes of the October 14, 2014 Borough Council meeting as presented. Motion carried unanimously.

Public Comment:

Charles Strauss presented Council with a petition to reduce the number of Council members from nine to seven. He said that there is nothing against any members of Council, but is persuaded that seven would work better than nine. Mr. Strauss said that this is the ideal time since two members from each WARD's term expires in 2016. He said that his group would like to help in recruiting citizens to run for Council.

Solicitor Eastman explained that we need to verify and confirm that five percent of registered electors that signed the petition have been met. He pointed out that they must be verified with the official rolls kept by the County of Adams. Solicitor Eastman said that Monika Dutko, Adams County Director of Elections and Voter Registration, provided him with the information. He said that as of today, there are 4,271 registered electors in the Borough of Gettysburg and that the requirement would be a minimum of 214 registered electors who have joined in as petitioners.

Solicitor Eastman said that Borough Council is mandated to hold a public meeting for consideration of the petition. He suggested conducting the special meeting prior to the December Council meeting. At that time Council could authorize the preparation of an ordinance to reduce Council from nine to seven members. Solicitor Eastman noted that if action is taken in early January, there would be sufficient time to proceed for the November 2015 municipal election.

Mr. Krummerich asked if the state would cover the expense to verify the petition. Solicitor Eastman responded that the state doesn't provide for this, but that someone from the Borough would need to review the petition. 

Mr. Weaver asked Solicitor Eastman if he would invoice the Borough for services rendered pertaining to the petition. Solicitor Eastman responded yes, and that the work he provided was for the Borough and not for Mr. Charles Strauss. 

Scot Pitzer asked if the at large Council seat would be placed on the ballet. Solicitor Eastman responded yes if Council instructed him to proceed with an ordinance to reduce Council at the 2015 municipal election.

John Butterfield said that he is in favor of this reduction, noting that it has been difficult to get citizens to run for Council.

Ms. Brown asked if this would be the appropriate time to discuss eliminating the WARDs and that may also encourage further participation. Solicitor Eastman responded that this is for Borough Council to consider, and said that this is not the purpose of the petition. 

Moved Mr. Leinbach, seconded Ms. Brown to advertise a special meeting to be held on Monday, December 8th at 6:00 PM to discuss the petition to reduce Council from nine to seven members. The vote passed 8 YEA/1 NAY- Mr. Weaver.

Philip Goble said that he was pleased to see the credentials of the new Borough Manager, and he feels Council should let him do his work. He pointed out that the meetings held with the solicitor to prepare ordinances should be handled by Borough Staff and not the solicitor. Mr. Goble said that the solicitor's role should be to review and finalize things when presented by the Manager.

Mr. Goble also noted that in the current budget, the costs for legal services provided by the solicitor are expensive. He asked Council to look at other ways to accomplish that. Mr. Goble said that this has nothing to do with Solicitor Eastman's competency at all. He also pointed out some inefficiencies, noting that the Council books and Committee books require a lot of time to prepare. Mr. Goble also said that a savings of $6,000 could be had by eliminating the ordinance meetings.

Mr. Goble said that the taxes are high in the Borough, noting that this is because of a phenomenal number of non-profits, and that the Borough cannot grow. He said that he would support a tax increase if: it would give him better or more police protection, enable us to participate in picking up the EMS services from the hospital, enable better road maintenance with roads and alleys plowed. Mr. Goble said that if the Public Works Department loses staff, it would mean that the alleys won't get plowed. He noted that his garage opens onto an alley. Mr. Goble said that it is not for Council to eliminate staff, but it is up to them to give the Manager the budget that they need the things that are important to the taxpayers. The Borough Manager is then responsible to communicate with staff and prepare a budget to present to Council. 

Mr. Goble said that the SPCA is the only non-profit that provides services to the Borough. If they didn't exist, the Borough would need to find another way to do animal control. He said that he appreciates the non-profits and they do a great job. He said however, that he cannot support a tax increase if the money is given to the non-profits. 

Scot Pitzer responded that this is the first meeting that Council members voluntarily decided to use thumb drives to print their own materials for their Council packets. 

Wesley Heyser commented about the recent article in the newspaper by Mr. Butterfield concerning the many great things happening in the Borough. He was happy to see the money received for the Steinwehr Avenue improvements. He said however, he was disappointed to read about the success in defeating the police union. Mr. Heyser said he feels we have a good police department. He said that the relationship with the police department has become very adversarial and that Council should reconcile with them and move forward. Mr. Heyser said that he applauds the Borough Manager and union officials that he believes are working towards this conclusion.

Speros Marinos is in attendance as a member of the Trinity United Church of Christ. He thanked Council for serving the taxpayers, and said that they should be commended for being intelligent and passionate with the work they do. Mr. Marinos said that the church is a taxpayer for the property that they own. He also thanked the Borough for working with Columbia Gas and Kinsley Construction with the sidewalk repairs. He said that there is still however, an obstacle at the doorway that needs to be redone, and noted that the Safety Committee is aware of the situation.

Mike Shestok said that he lives on Baltimore Street, and has complained about the curb and stormwater issues, and he hopes that something will be done. He said that people are the most important resources. Mr. Shestok noted that the new Borough Manager and Finance Director worked hard on the budget. He said that Council should be embarrassed with the way they are handling the budget. Staff did a good job to prepare a budget, so shame on Council for removing it from the agenda tonight. The Council and staff should be team players working together. 

Mr. Shestok pointed out that he contacted the Code Enforcement Officer and another Borough staff member to complain about the metal plate on the sidewalk at Pings Restaurant, but nothing has been done about it yet.

Mr. Shestok then went on to talk about savings in the 2015 budget; noting that downtown parking meters for Christmas shopping are $34,000; Increased Code Enforcement and Parking Enforcement work. Mr. Shestok said that he respects Solicitor Eastman, and said that he always provides wise council. He said that lawyers are expensive, but to get someone with his experience he would recommend keeping him. 

Mr. Shestok spoke about the non-profit organizations, and was disappointed that Council removed them from the special presentations tonight since the budget was removed from the agenda. He said that he supports the SPCA and Elm Street, because they help with the parades that are important to the community. He said that Main Street does a lot of good work, but $20,000 is a lot of money to give to them. Mr. Shestok agreed with giving them office space at the Borough.

Mayor Troxell announced that on Monday, November 17th the Adams County Boroughs Association will hold its meeting at the Pike Restaurant. If anyone is interested in attending please contact Mrs. Stull.

Mayor Troxell reported that the delegation from Sekigahara Town, Japan went very well. He said that they were please with the hospitability that they received and hoped to develop a better relationship between Gettysburg and Sekigahara in the future. Mayor Troxell commended John and Judith Butterfield for all of the work that they put in to making this an eventful visit.

President Birkner reported that a letter was received from Barbara Underwood, Board Chair, of the Cumberland Township Supervisors, requesting that an appointment of a township citizen be made to serve on the Gettysburg Municipal Authority.

Mr. Schindel announced the grants that were recently awarded to the Borough: $495,192 for the Steinwehr Avenue Corridor Phase 2 Improvements Project; $250,000 for the Gettysburg Inner Loop; $8,811 Recycling Grant and $5,400 for police vests. He noted that the Steinwehr Avenue project took a lot of teamwork and commended Main Street Gettysburg, Delta Development and Scott Dellett for all of the work that they did.

Moved Mr. Schindel, seconded Mr. Leinbach to approve the request from the Gettysburg Area Retail Merchants Association (GARMA), to extend the agreement of February 15, 2012 between the Borough and GARMA for one year, with regards to responsibilities for the installation and dismantling of holiday decorations provided any 3rd party permissions are provided by GARMA and any associated fees paid by GARMA. Motion carried unanimously.

Mr. Schindel reported that the Gettysburg Area Recreation Authority (GARA) continues in their work to get the Adams County Hall of Fame memorabilia moved from the Adams County Arts Council to the Recreation Park.

Mr. Schindel reported that a representative from the Lancaster Recreation Park came to Gettysburg to speak with the GARA Board, and to give advice on Board and Director Relations. The members have been tasked with working on the strategic plan.

Mr. Butterfield asked if the GARA budget can be placed on the website. 

Mr. Schindel said he will ask the Board to do so.

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. Leinbach to transfer $4,278.44 from Capital Reserve to General Fund to reimburse for purchase of Public Works shed security cameras. Motion carried unanimously.

Moved Mr. Butterfield, seconded Mr. Krummerich to adopt a resolution to excuse the police from making contributions to the Police Pension Fund for 2014. Motion carried unanimously.

Moved Mr. Butterfield, seconded Ms. Brown to authorize the solicitor to prepare, finalize and publish a proposed ordinance for enactment at the next monthly general business meeting of the Borough Council to be held on December 8, 2014 for the purposes of amending Chapter 1, Part 8 of the Code of Ordinances of the Borough of Gettysburg to provide for the establishment of financial policies of the Borough of Gettysburg and the creation of certain Borough funds. Motion carried unanimously.

Mr. Leinbach asked if this is the Fund Balance Policy. Solicitor Eastman responded yes that this is the legislative mechanism to adopt the Fund Balance Policies and also authorizes establishing certain Borough funds.

Moved Mr. Butterfield, seconded Mrs. Naugle to authorize the solicitor to finalize and publish a proposed ordinance for enactment at the next monthly general business meeting of the Borough Council to be held on December 8, 2014 for the purpose of updating and amending the Borough ordinance regulating amusement licenses. Motion carried unanimously. 

Mr. Pitzer thanked Mr. Butterfield for his work and Committee recommendation regarding this ordinance. He said that it is a fair ordinance and that he would support it.

Moved Mr. Butterfield, seconded Mr. Pitzer to authorize the solicitor to finalize and publish a proposed ordinance for enactment at the next monthly general business meeting of the Borough Council to be held on December 8, 2014 for the purpose of updating and amending the Borough ordinance imposing a tax on admissions charged for amusements. Motion carried unanimously.

Mr. Butterfield pointed out that the Borough received $99,772.12 in pillow taxes through August and noted that $110,000 was budgeted. He projects that we will exceed the budget by 20 to 25 percent.

Moved Mrs. Naugle, seconded Mr. Krummerich to approve and authorize the issuance of Certificates of Appropriateness for Items A (60 East High Street) and C (297 Steinwehr Avenue), as set forth in the minutes of the October 15, 2014 meeting of the Historic Architectural Review Board consistent with the findings and recommendations of HARB as set forth therein. Motion carried unanimously. 

Mrs. Naugle reporting on GMA said that: the motion to expand the GMA Board was denied at their recent meeting; Well #1 hit a substantial amount of water and it will require more testing before it can be hooked back up; Well #10 has been repaired and the pump is now operating; the budget will be presented at the next GMA meeting; and the water tank off Baltimore Street has been repainted recently. 

Mrs. Naugle reported that the Gettysburg Inner Loop was awarded a $250,000 grant from DCNR for the design and engineering of segments on the western side of the trail. She said that this will allow the Borough to get the drawings and final work needed before construction, and that the Borough received 1.2 million in SEMAC funds from the Transportation Planning Organization.

Mrs. Naugle reported that she just learned from Tom Jolin that the Borough was awarded $334,236 Transportation Alternatives Program funding. Scott Dellett said that this is for construction funding, which fulfills a gap between what was approved as part of ACTPO's Transportation Improvement Plan program that was approved earlier this year. 

Mr. Pitzer noted that Tom Jolin worked with local legislators, and said that the Transportation Secretary was on a tour in Adams County earlier this year, making the Gettysburg Inner Loop a part of this tour. He said that this funding was made possible through ACT 89 of the new Transportation Bill.

Manager Gable commented that with this grant award announcement, the total of grant funding in fiscal year 2015 was over 1.5 million to the Borough of Gettysburg. He said that this is an incredible achievement. 

Mrs. Naugle reported that she recently attended an Economic Development Seminar regarding the Grand History Trail that Tom Jolin organized. She said that it was well attended which included all three Commissioners, National Park Service Officials, and many other community members that are concerned with economic development. A presentation was given by representatives from York County who are working on the Grand History Trail.

Mrs. Naugle reported that she is in the process of finalizing the newsletter and if anyone has anything to add to let her know by this Thursday.

Mr. Weaver reported the USS Gettysburg is currently in dry-dock getting scrapped and painted.

Moved Ms. Brown, seconded Mr. Leinbach to adopt a resolution reappointing Larry G. Weikert as a member of the Borough Zoning Hearing Board to serve a five (5) year term commencing on January 1, 2015 and expiring on December 31, 2019. Motion carried unanimously.

Mr. Pitzer announced and congratulated Mr. Leinbach on the recent birth of his daughter.

Moved Mr. Butterfield, seconded Mrs. Brown to authorize submission of application to the Pennsylvania Department of General Services to renew for the Federal Surplus Property Program. Motion carried unanimously.

Moved Mr. Schindel, seconded Mr. Krummerich to accept the J. P. Harris Tax Exoneration report for tax years 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012 and 2013 as presented. Motion carried unanimously.

Scott Dellett reported that the HARB training session by Preservation Pennsylvania has been rescheduled for December 17th.

Public Comment:

Steve Hemler asked in regards to the financial reports what the trend looks like for the end of this year, and if the Borough will have a deficit. Finance Director Nickie James responded that last year's budget had a planned deficit of $98,000, and that Council approved to draw from the Capital Reserve Fund. She said that she would predict that this year there will be a $100,000 deficit due to settlements and unforeseen expenses. Mr. Hemler said that if this continues every year the Borough could potentially be in bankruptcy. Mrs. James agreed that if it continues at this rate, the Borough could be broke in nine years.

Mike Shestok expressed his concern that he has been asking about the Baltimore Street curb issues curb and still doesn't have a valid answer. President Birkner said that the Public Works Director or the Borough Engineer will need to address this problem. 

Moved Mr. Butterfield, seconded Mr. Leinbach to adjourn the meeting at 9:10 PM to an executive session. Motion carried unanimously.

The meeting reconvened, and with no further business moved

Mr. Butterfield seconded Mr. Schindel to adjourn the meeting at 10:30 PM.

Respectfully submitted,

Sara L. Stull

Borough Secretary