Council Meeting

President Michael Birkner called the meeting to order at 7:40 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: Richard Farr, representing RabbitTransit Authority; Wesley Heyser, 226 North Stratton Street; Chuck Teague, 125 East Middle Street; Charles and Elizabeth Strauss, 38 West Middle Street; Conor Brooks, Gettysburg College, Box 323; Mariah Adams, Gettysburg College, Box 8; Steve Hemler, 535 York Street; Stan Clark, 915 Fairview Avenue; Mike Shestok, 264 Baltimore Street; Marty Qually, 107 West Broadway; Chuck Teague, 125 East Middle Street; Andrew Miner, 322 Gettys Street; Gregory Kinsopp, 325 North Washington Street; Chris and Rodger Goodacre, 105 East Broadway. Jim Hale was representing the Gettysburg Times.

President Birkner announced that an executive session of the Borough Council was conducted immediately following the adjournment of its monthly general business meeting held on November 10, 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 held immediately following the adjournment of this evening's 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 of employment relating to the terms, conditions and duties of employment and the evaluation of performance of certain Borough employees; (2) to receive information and to discuss strategy related to the negotiation and arbitration of a collective bargaining agreement with the Teamsters Local No. 776; and (3) to consult with its finance director and its solicitor regarding information and strategy in connection with any identifiable complaints which may be filed pursuant to the SEC's Municipal Continuing Disclosure Cooperative Initiative and the ADA.

Moved Mr. Schindel, seconded Mr. Leinbach to approve the December 8, 2014 agenda as presented. Motion carried unanimously.

Moved Mr. Leinbach, seconded Mr. Pitzer to approve the Public Hearing meeting and Borough Council meeting minutes of November 10, 2014 as presented. Motion carried unanimously.

Public Comment:

Conor Brooks commented that at a previous Council meeting it was mentioned that college students don't vote. He gave some statistics regarding registered students and noted these numbers have increased. Mr. Conor said that college students have become more active in political involvement. Bob Krummerich commented that their efforts are noticed by both the Democrat and Republican Parties.

Mike Shestok made a comment regarding Council's discussions on eliminating staff and said that the employees are the most important resources. He said he was very pleased with the prompt help he received recently by Tammy Murdorf, Sara Stull and Dan Hilliard. Mr. Shestok noted that he has been in contact with Penn DOT regarding the 6" curb issue on Baltimore Street, and that they plan to redo the street. He said that the Borough planning and engineers however, should work on this to make sure Penn DOT corrects the issue.

Wesley Heyser complimented the Borough Manager on the formatting of the budget, and said it was very well done and easy to follow. He made a few comments regarding the budget. Mr. Heyser expressed concern with Council transferring $75,000 from the Capital Reserve Fund to balance the budget, and said it is probably a "short sighted band-aid solution." Mr. Heyser said that he doesn't see the revenues increasing that dramatically in 2015, which will result in a steeper tax increase next year. He said that the options are to eliminate services or raise taxes.

Mr. Heyser remarked about the $5,000 paid to the Borough by the Gettysburg Garden Club to maintain the downtown flowers. He said that these people volunteer their time to beautify the town, and questioned whether this is a wise decision; or should Council "just eat that fund and pay for their service."

Mr. Heyser also questioned the value of Main Street Gettysburg in terms of acquiring grant funds, noting that the group took exaggerated credit for gaining major funding for particular projects. He pointed out the Majestic Theater renovations, which received state funding, resulted from an individual in the community that had a personal connection to the governor. He said that he doesn't doubt that Main Street Gettysburg has done some good things in the community.

Mr. Heyser expressed his concern with reducing the appropriation to RabbitTransit from $4,000 to $1,000. And that it would reduce the state and federal funding. He feels it is important to support this program because many citizens use the bus service. Mr. Heyser said that he contacted RabbitTransit and spoke to Rich Farr, who told him that the multiplier for them is for every $1.00 spent, they receive $13.50 in additional state and federal funding. 

Chuck Teague thanked staff and for the support of Council for the work being done regarding the safety of the sidewalks. He said that he pressed this issue when he was on Council, and it was an underwhelming response. Mr. Teague said that he is encouraged that this work is continuing because the safety, accessibility, and beauty of the sidewalks are important.

Rodger Goodacre made a few comments about the proposed budget, and said that he is startled by some of the numbers. He expressed his concern that funding is not allocated to the Capital Reserve to prepare for unexpected things that may arise. Mr. Goodacre also noted that taking money away (in order to balance the budget) from needed items, such as the maintenance building to store equipment is unacceptable.

Steve Hemler expressed his concern with the budget. He said that the lack of developable land in Gettysburg means the Borough should not need a planning department, and that the county planning office could provide services. Mr. Hemler also expressed concern regarding an increase in parking revenue, and also asked why the parking department is getting removed from the police department. He told Council that they need to "tighten the belt" and not dip into the reserves.

President Birkner said that the Borough has a "limited tax base." He went on to say that it is certain that more money will be raised, noting that there are plans for: new electronic handheld tools for issuing parking tickets, a new gateless system that will eliminate staffing needs at the parking garage, and an increase to $1.00 per hour for all parking meters.

Jacob Schindel reported that he received an email from Congressman Perry regarding House Bill Number 5771 which is a Tax Relief Bill that was passed through the House for small businesses and individuals. He also reported that the State Senate Bill, regarding raising the threshold for property taxes, is being discussed. Mr. Schindel mentioned that State Senator Alloway was elected to serve as Senate Majority Caucus Secretary.

Jacob Schindel reported that Christmas trees should be dropped off at the Borough shed for disposal and not at the Recreation Park.

Jacob Schindel reported that GARA is in the process of having the Hall of Fame memorabilia moved from the Adams County Office of Planning and Development to the Recreation Building. He also mentioned that GARA is working on a strategic plan, and will provide more information as it becomes available.

John Butterfield asked if the GARA MOU that expires on December 31st will need to be renewed. Mr. Schindel responded that since the lease has been approved between the Borough and GARA, he wasn't sure if the MOU was needed. He will discuss this at the next GARA meeting and report back to Council.

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

Moved Mr. Butterfield, seconded Ms. Brown to approve the distribution of the Eichelberger-Stahle Funds to Borough residents. Motion carried unanimously. 

Moved Mr. Butterfield, seconded Mr. Pitzer to enact an ordinance amending Chapter 13, Part 1 of the Code of Ordinances of the Borough of Gettysburg for the purpose of updating and amending the Borough ordinance regulating amusement licenses. Motion carried unanimously.

Moved Mr. Butterfield, seconded Mr. Pitzer to enact an ordinance amending Chapter 24, Part 1 of the Code of Ordinances of the Borough of Gettysburg for the purpose of updating and amending the Borough ordinance imposing a tax on the admission charged for amusements. Motion carried unanimously.

Scot Pitzer pointed out that staff will inform businesses of these newly amended ordinances.

At this time Manager Gable presented Borough Council with the proposed budget for Fiscal Year 2015. He noted that the budget has been duly advertised and is available to the public for review. Manager Gable pointed out a few highlights that were recently made: 1 reducing increases in certain salaries in the amount of $2,130; and 2 increase line item in department 310 by $5,000. Council could then increase the RabbitTransit appropriation or, increase it for another agency. He said that by making these adjustments, it would change the General Fund budget amount to$4,350,169.00. Manager Gable pointed out that this is a no-tax increase budget that funds our operations to adequate standards.

Moved Mr. Weaver, seconded Mrs. Naugle to amend the Borough budget for Fiscal Year 2015, Department 465, Community Development by amending Object 543, RabbitTransit to read $4,000.00. A roll call vote was taken. YEA: Ms. Brown, Mr. Butterfield, Mr. Leinbach, Mrs. Naugle, Mr. Schindel, Mr. Weaver and Mr. Birkner. NAY: Mr. Krummerich and Mr. Pitzer. The vote passed 7 YEA/2 NAY.

John Butterfield asked if we are making the 15 percent match. Rich Farr responded yes with the $4,000 appropriation.

Susan Naugle commented that Destination Gettysburg, the Chamber of Commerce and the ACEDC solicited the community and secured funding on behalf of this match. The businesses are committed to the Transit Authority, and hope that Council will continue to do the same.

Scot Pitzer expressed his concern about undercutting some non-profits and fully funding others which is unfair. He recommends that in the future, Council divide the "pot of money" in a fair and equitable manner to all the groups.

Becky Brown noted that there is still $2,000 remaining that could be appropriated to another agency. Some members disagreed stating that, since Council is borrowing $75,000 to balance the budget, they should not be donating money.

At this time President Birkner called for a roll call vote on the motion on the $4,000 appropriation to RabbitTransit.

Moved Mr. Butterfield, seconded Mr. Krummerich to adopt the Borough budget for Fiscal Year 2015 providing a total estimate of all funds of annual revenues in the amount of $7,021,861.00 and an estimate of annual expenditures in the amount of $7,015,690.00, which includes the General Fund estimated revenues in the amount of $4,350,169.00 and an estimated expenditures in the amount of $4,350,169.00. A roll call vote was taken. YEA: Ms. Brown, Mr. Butterfield, Mr. Krummerich, Mr. Leinbach, Mrs. Naugle, Mr. Schindel, Mr. Weaver and Mr. Birkner. NAY: Mr. Pitzer. The vote passed 7 YEA/1 NAY.

Scot Pitzer asked the Manager if he was able to determine the "jump in parade fees" which results in doubling the parade fee revenues. Manager Gable responded that the services would be billed to the sponsors of the events. He noted that in the past the Borough had absorbed those fees.

At this time President Birkner called for a roll call vote on the motion to adopt the budget.

Moved Mr. Butterfield, seconded Mrs. Naugle to enact an ordinance fixing the tax rates of the Borough of Gettysburg for Fiscal Year 2015 at 3.6203 mills on each dollar of real estate assessed valuation for general Borough purposes, 30 mills on each dollar of occupational assessed valuation for general Borough purposes, and at .25 mills on each dollar of real estate assessed valuation for fire protection services appropriations tax purposes. Motion carried unanimously.

Manager Gable explained that the real estate property tax rate set forth in the Motion will be allocated between the General Fund at 2.6128 mills and the Debt Service fund at 1.0075 mills. The total real estate property tax rate for Fiscal Year 2015 with the inclusion of the fire protection services appropriation tax rate will be 3.8703 mills.

Moved Mr. Butterfield, seconded Mr. Krummerich to enact an ordinance 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 funds of the Borough of Gettysburg. Motion carried unanimously.

John Butterfield noted that the funds to be established are the Capital Projects Bond Fund, Debt Service Fund and Revolving Loan Fund.

Moved Mr. Butterfield, seconded Ms. Brown to adopt a resolution appointing Smith Elliot Kearns & Company, LLC as the independent auditor of the Borough of Gettysburg in order to make an independent examination of the accounting records of the Borough for Fiscal Year 2014. Motion carried unanimously.

Graham Weaver asked how long they have been the auditors for the Borough. 

Nicolette James responded that this is the last year of the three year contract. Manager Gable said that he will be sending out request for proposals for auditors. 

Moved Mr. Butterfield, seconded Mr. Krummerich to authorize the solicitor to prepare a resolution for subsequent adoption for the purposes of amending, setting, updating and confirming the Borough's fees and charges for the issuance of licenses, permits and the provision of municipal services. Motion carried unanimously.

John Butterfield reported $118,325.98 was received from the pillow tax through September.

Moved Mrs. Naugle, seconded Mr. Butterfield to adopt a resolution authorizing the submission of an application for 2014 Community Development Block Grant Funds to the Pennsylvania Department of Community and Economic Development. Motion carried unanimously.

Scott Dellett explained that the following motions are for the construction of the Appalachian Brewing Company (ABC). The ABC current location on Buford Avenue will be closing at the end of the year.

Moved Mrs. Naugle, seconded Mr. Weaver authorizing the Borough of Gettysburg to execute and deliver a Development Agreement and an Operation and Maintenance Agreement For Stormwater Management Practices with Future Stake, Inc. in connection with the Preliminary/Final Subdivision and Land Development Plan on Steinwehr Avenue. Motion carried unanimously.

Moved Mrs. Naugle, seconded Mr. Butterfield authorizing a motion to approve the financial security in connection with Future Stake, Inc. Preliminary/Final Subdivision and Land Development Plan on Steinwehr Avenue in the amount of $27,940.00, in a form authorized by the Pennsylvania Municipalities Planning Code, consistent with the certification letter by the Borough Engineer. Motion carried unanimously.

Susan Naugle reported that the Gettysburg Municipal Authority is working on their budget and hope to approve it at their next meeting. She also noted that they are looking at a rate increase for water. Mrs. Naugle said that GMA is reviewing the possibility of a $4 million bond for the interceptor project, which is replacing some of the major sewer lines that run through the Borough.

Susan Naugle reported that the Gettysburg Inner Loop work is progressing by C. S. Davidson on the Racehorse Alley stormwater improvement design. 

Susan Naugle commented about the non-profit organizations, how important they are, and the many services that they provide. She said that she is glad that the Borough found money to give to these organizations. 

Moved Mr. Weaver, seconded Mr. Leinbach to authorize the solicitor to prepare a proposed ordinance for subsequent enactment authorizing the entry into an Intermunicipal Agreement for a School Resource Officer with Cumberland Township for the purpose of allowing the School Resource Officer to operate within the jurisdiction of the Borough of Gettysburg consistent with the performance of duties on behalf of the Gettysburg School District relative to schools located within the Borough. Motion carried unanimously.

Graham Weaver reported that the USS Gettysburg remains in port for repairs and maintenance.

Moved Ms. Brown, seconded Mr. Pitzer to adopt a resolution appointing Max Felty as a member of the Board of the Gettysburg Municipal Authority to serve a term of five (5) years commencing on January 5, 2015 and expiring on the first Monday in January 2020. Motion carried unanimously.

Moved Ms. Brown, seconded Mr. Leinbach to appoint Michael Shestok to the Borough Planning Commission to complete the unexpired term of Randall Herman. The term will expire on December 31, 2018. Motion carried unanimously.

Moved Ms. Brown, seconded Mr. Pitzer to appoint Martin Jolin to the Borough Planning Commission to serve a five (5) year term expiring on December 31, 2019. Motion carried unanimously.

Moved Ms. Brown, seconded Mr. Leinbach to appoint Jacob Schindel to the Gettysburg Area Recreation Authority to serve a five (5) year term expiring on December 31, 2019. Motion carried unanimously.

Moved Mrs. Naugle, seconded Ms. Brown to set the first monthly general business meeting of the Borough Council for 2015 to be held on Monday, January 12, 2015 at 7:00 P.M. and to authorize and direct the Borough Secretary to provide public notice of such Borough Council meeting. Motion carried unanimously.

Moved Mr. Butterfield, seconded Mr. Weaver to accept the J. P. Harris Tax Exoneration report for tax years 2006, 2011, 2012 and 2013 as presented. Motion carried unanimously.

Scott Dellett reported that the Steinwehr Avenue Phase II work will end later in December for the winter months and will resume in the spring. 

Dan Hilliard reported that the Public Works Department will make one more trip throughout town to gather leaves.

Public Comment:

Stan Clark complimented Scot Pitzer for his budget vote and predicted that other members of Council may have difficulty in the next election. 

Moved Mr. Butterfield, seconded Ms. Brown to adjourn to an executive session at 9:15 PM. Motion carried unanimously.

Respectfully submitted

Sara L. Stull

Borough Secretary