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, Mrs. Claire Lewis, Mr. Graham Weaver, Ms. Rebecca Brown, Mr. Kyle Leinbach and Mr. Charles Teague. Staff present included Mayor William Troxell, Solicitor Harold Eastman, Manager Florence Ford, Borough Secretary Sara Stull, Chief Joseph Dougherty, Finance Director Ramona Overton, Planning Director Scott Dellett, Public Works Director Dan Hilliard and Chad Clabaugh, Borough Engineer, C.S. Davidson Inc.

Others present included: Stephanie McIlwee, PICPI/Elm Street; Commissioner Jim Martin, Adams County Courthouse; Steve Hemler, business owner, 535 York Street; and Brian Devost, 100 Confederate Drive.

Representing the press were Adam Michael of the Gettysburg Times, and Amy Stansbury with the Evening Sun

Mr. Birkner thanked Vice President Schindel for filling in for him during his absence the past few months. 

Mr. Birkner announced that an executive session of the Borough Council was conducted immediately following the adjournment of its regular meeting held on February 11, 2013 consistent with Sections 708(a)(1) and 708 (a)(4) of the Sunshine Act. The Borough Council will conduct an executive session immediately prior to the adjournment of this meeting consistent with Section 708(a)(2) and Section 708(a)(3) of the Sunshine Act for the purposes of receiving information related to the Act 111 interest arbitration award and the petition to partially vacate that award filed in the Court of Common Pleas of Adams County to No. 12-S-972 in connection with an impasse in the negotiation of a collective bargaining agreement with the Teamsters Local No. 776 and relative to the possible purchase, sale or lease of real property of the Borough.

Mrs. Naugle requested an amendment to the agenda adding a motion to authorize the Borough to enter into an agreement for the rental of portable restrooms to use for the 150th Anniversary for the period June 28th through July 7th. 

Mr. Schindel said it is imprudent to add to the agenda that it should be presented to the Finance Committee first for consideration and pointed out the Borough did not budget for this.

Mr. Teague noted if the Borough proceeds and secures bids for the portable restrooms the Borough may be obligated if we are unable to get funding. Manager Ford said she did get a quote from an Ohio based firm but pointed out they also have a facility in Chambersburg.

Mrs. Naugle said it’s important to have the portable restrooms at the five locations as designated by the 150th Committee. Mr. Butterfield said a formal request for funding was made to the local legislators. He said time is of the essence and we shouldn’t delay this or the Borough may not be able to obtain portable restrooms. 

Mrs. Lewis asked if they are just asking to get quotes at this time. Mrs. Naugle replied yes that we only received one quote to date and would like to secure more quotes. Mrs. Lewis asked if the legislators aren’t successful in providing funding the Borough may be locked in an agreement.

Mr. Birkner said he believes Mr. Schindel’s concern is because Council didn’t budget for portable restrooms and that the Finance Committee should discuss this issue. If Council were to make a commitment than the Borough would be responsible to pay the expenses if the funding doesn’t come through as requested with the legislators.

Mr. Birkner explained that this vote is just to add it to the agenda and that it would be discussed under the Public Works Committee- Mr. Butterfield’s tab.

Moved Mr. Leinbach, seconded Mr. Schindel to approve adding a motion to authorize the Borough to enter into an agreement for the rental of portable restrooms to use for the 150th Anniversary for the period June 28th through July 7th. A roll call vote was taken with all voting YEA. The motion carried unanimously to add item to the agenda.

Moved Ms. Brown, seconded Mr. Schindel to approve the minutes of the February 11, 2013 Borough Council meeting as presented. Motion carried unanimously.

Public Comment:

Commissioner Jim Martin addressed Council regarding 108 North Stratton Street ("REDDI") property. He said the Commissioners are supportive of the planned project and noted the County, Borough and Economic Development Corporation have all been working together on this. Commissioner Martin pointed out there is approximately a million dollars of RACPI money available for the development of this site. He pointed out the time is running out for this if the project doesn’t proceed soon. 

Mr. Butterfield thanked Commissioner Martin for his comments and taking on this important project. He pointed out this project is scheduled for the April HARB meeting.

President Birkner also stated that Council wants to get this project done and will work with the County to do so. He pointed out this property is long over due for revitalization.

Mayor Troxell announced the Adams County Boroughs Association meeting is scheduled for Monday, March 18th at 6:15 at the Pike Restaurant. The speakers will be Matthew Battersby, Esquire and Donna Kreiser, Esquire to discuss Municipal Borrowing. Anyone interested in attending should contact Sara Stull. 

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

Moved Mr. Schindel, seconded Ms. Brown to authorize a COLA increase for retired police pensioner Cytha Grissom to be paid from the Police Pension fund effective February 1, 2013. Motion carried unanimously. 

Moved Mr. Schindel, seconded Ms. Brown to authorize the manager to execute the proposal for services contract with Hockley & O’Donnell Insurance, Inc. in the amount of $9,000.00 for the period of December 1, 2012 thru December 31, 2013. Motion carried unanimously. 

Mr. Weaver asked what this added expense Hockley & O’Donnell Insurance is charging for. Manager Ford said the $9,000.00 charge is the only fee she knows he is charging the Borough for services. Mrs. Naugle noted Mr. Hockley stated at the Finance Committee meeting that he also charges a brokerage fee each month. Manager Ford said she isn’t aware of a brokerage fee that this is the only charge to the Borough. She asked the Finance Director Mona Overton for input. Mona Overton agreed that there was not a brokerage fee included. 

Mrs. Naugle had a follow up question regarding the brokerage fee stating it is confusing since he stated at the finance meeting he was receiving a brokerage fee of $16 - $18 dollars per employee each month. Manager Ford said normally the brokerage fees are embedded in the contract and went on to say that she believes Mr. Hockley meant the fee per employee is what he would typically receive but that he is not charging the Borough. Manager Ford said it is her understanding that he has waived his brokerage fees and that the $9,000.00 is the only charge to the Borough and that it would not exceed that amount. 

Mr. Butterfield reported the Journey through Hallowed Ground will hold its annual conference in Gettysburg May 21-22. 

Moved Mr. Butterfield, seconded Mr. Weaver to adopt a resolution to disconnect and remove (3) street lights: Pole #14551-18121-beside court house; Pole #14537-18121, 34 West Middle Street; and Pole #14522-18120, 58 West Middle Street. Motion carried unanimously. 

At this time discussion ensued regarding portable restrooms to be used for the 150th Anniversary. Mr. Leinbach asked where the portable restroom would be placed. Mrs. Naugle responded there are six locations; Gettysburg National Military Park; Prior Visitor Center- Cemetery North parking lot; Middle School and Lincoln Elementary parking lot; Gettysburg Recreation Park; parking deck in Race Horse Alley and the Civil War Museum. 

Mr. Schindel asked what the costs are for the portable restrooms. Manager Ford answered approximately $21,000 and that would include daily cleaning of the portable restrooms. Mr. Leinbach asked if there is an expiration date for the quote received. Manager Ford responded it is typically 30 days but the company was aware that she was receiving the quote for budget purposes. She noted the company is very good to deal with and she has kept in contact with them. Mrs. Lewis pointed out the manager has a quote and asked if it jeopardizes anything if we wait until the next Finance Committee meeting. Manager Ford responded no. 

Mr. Weaver asked the possibility of using pillow tax money the Borough has received. Mrs. Naugle responded that we have received pillow tax money and thought if we receive more than budgeted we could use these funds. She went on to say she feels as a Borough we have a responsibility to make this happen. Ms. Overton responded the Borough budgeted $125,000 in pillow tax funds. Mr. Schindel reiterated that we can’t spend money the Borough doesn’t have and said this should be brought before the Finance Committee for further discussion. 

Mr. Birkner said this is an issue of authorizing and if the vote passes it would be discussed and if it doesn’t it would still be discussed in detail at the Finance Committee meeting. Don’t want to discuss the money revenues at this point. Mrs. Naugle pointed out if it passes it would give the staff the opportunity to get quotes from vendors. We would then be ready if the legislators are able to secure funding. Mr. Schindel said that is not the procedure and this expense was not budgeted. 

Mr. Leinbach said he is surprised that Council is willing to put portable restrooms on the streets especially since the Borough regulates neon signs. He also expressed concern that placing them in unsecured locations may pose problems. Mrs. Naugle said the portable restrooms would be placed in parking lots and not along the streets. 

Mr. Weaver asked if we could use a reduced number of portable restrooms. Manager Ford said the 150th Anniversary Committee estimated how many might be needed and noted some members thought the number should be higher. Manager Ford also noted the National Park Service will also have portable restrooms. 

Ms. Overton noted the Borough will need to bid this and will incur some expenses. Manager Ford explained the Borough would need to advertise if the amount is over $18,500. Mrs. Naugle said if the amount is under $18,500 we wouldn’t need to bid. 

Moved Mr. Butterfield, seconded Mrs. Naugle to authorize the Borough to enter into an agreement for the rental of portable restroom units to be used for the 150th Anniversary events for the period June 28 through July 7, 2013. A roll call vote was taken. YEA: Mr. Butterfield, Mr. Weaver and Mrs. Naugle. NAY: Mr. Teague, Mr. Leinbach, Ms. Brown, Mrs. Lewis, Mr. Schindel and Mr. Birkner. The vote failed 6 NAY- 3 YEA. 

Mr. Birkner asked that the portable restrooms be placed on the next Finance Committee agenda for further discussion. 

Moved Mrs. Naugle, seconded Ms. Brown to authorize the Borough Planning Director to finalize a proposed text amendment and a proposed zoning map amendment primarily in connection with expanding uses as a matter of right and by special exception in the HC Health Care Zoning District and to reclassify six (6) parcels from the HC Health Care Zoning District to the R-2 Moderate Density Residential Zoning District and to proceed with the scheduling of a public hearing relative to the proposed zoning text and zoning map amendments. Motion carried unanimously. 

Planning Director Scott Dellett gave a brief overview of the HC amendments to the zoning text and map. He noted last year two property owners requested for a rezoning of property within the HC Zoning District. At that time Council authorized the Planning Commission to review the HC Ordinances and make a recommendation. Mr. Dellett said we are at the point to finalize the ordinance and schedule a public hearing to move this process on. 

Mr. Weaver asked if this was supported by the two (2) property owners that made the request. Mr. Leinbach also asked if this amendment included the properties that property owners originally asked for changes. Mr. Dellett pointed out this is not addressing the property owners but making amendments to the zoning ordinance. He said the property owners that would be affected would be notified of the changes. 

Mr. Leinbach asked the location of these properties and if they are the property owners that requested the zoning change. Mr. Dellett responded yes and that the six parcels are located on South Street and South Washington Street. Mr. Leinbach asked the justification from the Planning Commission for changing to R-2. Mr. Dellett responded the justification is because the properties were all residential properties. They are single family properties or duplex apartments and not located in the HC Zoning District. 

Moved Mrs. Naugle, seconded Mr. Butterfield to approve and authorize the issuance of a Certificate of Appropriateness for Item A (30 Chambersburg Street) as set forth in the minutes of the February 20, 2013 meeting of the Historic Architectural Review Board (HARB) consistent with the findings and recommendations of HARB as set forth therein. Motion carried unanimously. 

Mr. Teague asked for an explanation about HARB Chairman Gary Shaffer’s comment that this item didn’t need to go before Council for approval. Mr. Dellett responded that Historic Sign/Markers don’t need to be presented to Council. 

Mrs. Naugle reported there will be a presentation of the Gettysburg Inner Loop Master Plan at the next Public Works Committee meeting. Chad Clabaugh said he will be providing the presentation outlining the plans that HABPI has for the bike trail. 

Moved Mrs. Naugle, seconded Mr. Weaver to approve the updated Recreation Park Scheduled of Fees as adopted by the Gettysburg Area Park and Recreation Board. Motion carried unanimously. 

Moved Mrs. Naugle, seconded Mr. Butterfield to authorize the scheduling and the advertisement of a joint public hearing with Cumberland Township to provide information and receive public comment relative to the intent o f the Borough of Gettysburg and Cumberland Township to organize and create a joint municipal recreation authority under the provisions of the Municipality Authorities Act. Motion carried unanimously. 

Mrs. Naugle noted the Public Hearing that was previously scheduled for April 4th must be rescheduled. The date is yet to be determined. 

Solicitor Eastman explained the Authorities Act also requires advertisement of a public hearing. It would take approximately 45 days to coordinate and get the appropriate advertising. He also noted that Cumberland Township also thought a joint meeting with them and the Borough be conducted at that time. 

Moved Mrs. Naugle, seconded Mrs. Lewis to authorize the advertisement for enactment of an ordinance signifying the intention and desire of the Borough to organize and create a joint municipal recreation authority with Cumberland Township under the provisions of the Municipality Authorities Act. Motion carried unanimously. 

Mr. Weaver said he is very supportive of this noting it is a plus anytime we can work with other municipalities. 

Mrs. Lewis asked that after the Public Hearing would Council hold a special meeting with Cumberland Township. Solicitor Eastman responded yes Council could hold a special meeting. He also said that after the public hearing it would be ready for Council to approve the ordinance. Mrs. Lewis asked if Council would need time between these meetings for discussion. Mrs. Naugle said she feels everyone has been very supportive and positive to the joint recreation. She noted that citizens will be able to ask questions and comment at the public hearing. The meeting date has yet to be determined. 

Mrs. Lewis announced the next College Community Committee meeting is scheduled for Wednesday, March 27th at 5:00 pm. 

Mr. Weaver announced the Train Station Bill is to be introduced this week in the House of Representatives by Representative Scott Perry. 

Mr. Weaver announced Captain Bradford Cooper will be appointed in May to serve on the USS Gettysburg. 

Moved Ms. Brown, seconded Mrs. Lewis to appoint Michael Cooper-White to the Recreation Board to fulfill the unexpired term of Stephanie McIlwee. The term will expire on October 31, 2014. Motion carried unanimously. 

Moved Mrs. Brown, seconded Mrs. Lewis to adopt a resolution appointing Clodius Willis to the Code Enforcement Appeals Board as an alternate member of the Board for a three (3) year term expiring in February 2016. Motion carried unanimously. 

Mr. Teague reported that a letter of intent was approved last month by Borough Council for a request to provide a technical assistance study pertaining to regional police consolidation. The survey form has been received and will be completed by the manager and Chief of Police. 

Mr. Teague said John Eline, Director, Emergency Management Service and Dave Sanders, Borough EMA Director were invited to attend the next Public Safety Committee meeting to discuss the 150th Anniversary emergency procedures. 

Moved Mr. Teague, seconded Ms. Brown to authorize the advertisement for enactment of an ordinance amending Chapter 15, Part 10, Section 1003 of the Code of Ordinances removing an area on Seminary Avenue from the residential parking system for the purpose of designating within that area reserved parking spaces for persons with disabilities. Motion carried unanimously. 

Manager Ford reported the Steinwehr Avenue Streetscape Phase II agreement has been signed for C. S. Davidson to proceed. 

Public Comment: 

Steve Hemler thanked Councilman Schindel for stating that Council can’t authorize spending money that they don’t have or items not budgeted for. He suggested Council speak with the re-enactors group to discuss the use of portable restrooms; noting they provide several hundred for the reenactments. Mr. Hemler also agreed with Mr. Leinbach’s concern of placing toilets in unsecured locations that could present problems. 

Mrs. Naugle reported she has been working on the Borough newsletter and plans to send it to the printer this week. She asked that everyone review the newsletter and let her know of any changes as soon as possible. 

At this time 8:35 p.m. the meeting adjourned to an executive session. Council reconvened at 9:37 p.m. 

Moved Mr. Butterfield, seconded Mrs. Lewis to authorize the Borough Manager to engage the services of Mark R. Abissi, MAI and Indian Valley Appraisal Company consistent with the proposal submitted to the Borough of Gettysburg to perform an appraisal of the Borough’s railroad station property at 35 Carlisle Street, Gettysburg, Pennsylvania. Motion carried unanimously. 

With no further business to come before council moved Mr. Butterfield, seconded Mr. Leinbach to adjourn the meeting at 9:38 p.m.