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 and Mr. Charles Teague. Mrs. Claire Lewis and Mr. Kyle Leinbach were absent. 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: Gettysburg College Representatives Patti Lawson, Associate Vice President for Government & Community Relations; Daniel Konstalid, Vice President for Finance & Administration; Christopher Delaney, Associate Vice President for Financial Services & Associate Treasurer; and Brian Gleason. Albert Penksa, Adams County Courthouse; Stephanie McIlwee, PICPI/Elm Street; Scott Pitzer, office of Representative Alloway; Brian Devost, HABPI, 100 Confederate Drive; Steve Hemler, business owner, 535 York Street; Stan Clark, 915 Fairview Avenue; and Adam Cordle, 14 South 4th Street.

Representing the press were Jim Hale of the Gettysburg Times, and Amy Stansbury with the Evening Sun

An executive session of the Borough Council was conducted immediately prior to the adjournment of its regular meeting held on March 11, 2013 consistent with Sections 708(a)(2) and 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.

Moved Mr. Teague, seconded Mr. Schindel to approve the April 8, 2013 agenda after deleting a motion for portable restrooms and adding a motion to advertise a meeting under the Recreation Board.

Moved Mr. Butterfield, seconded Mr. Schindel to approve the minutes of the March 11, 2013 Borough Council meeting as presented.

Public Comment:

Dan Konstalid asked for approval to speak after Council concludes their discussion regarding parking garage rates.

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

Moved Mr. Schindel, seconded Mr. Teague to authorize a COLA increase for retired police pensioner Charles Fritz to be paid from the Police Pension fund effective March 1, 2013. Motion carried unanimously.

Moved Mr. Schindel, seconded Ms. Brown to authorize the solicitor to prepare an ordinance amending Chapter 15, Part 11 of the Code of Ordinances relative to the Gettysburg Borough Parking Garage in order to revise the parking rate provisions of the ordinance. Motion carried unanimously.

Discussion took place regarding the parking garage rate structure. Mrs. Naugle pointed out the fee structure that was distributed does not include the monthly parkers. It outlines the $9.00 and $10.00 per day rate and noted using the $9.00 rate the shortage is approximately $1,300.00. Mrs. Naugle said this amount could be recouped by the monthly parkers and recommends not raising the parking rate.

Mr. Schindel said the Finance Committee had been discussing the $10.00 rate and only discussed the $9.00 rate at its last meeting. Mrs. Naugle said she feels the Borough would make the budgeted target of $375,000 using the $9.00 rate for 2013.

Mr. Schindel pointed out the Finance Committee exceeded the College’s request. He said the thought was to lessen the impact of people using the garage overnight. We want to make the garage user friendly and noted it would be costly to change the ordinance every year. 

Mrs. Naugle also pointed out the garage has undergone upgrades and that the extra revenue would help pay for these upgrades. Manager Ford said she would like to secure more upgrades for the garage such as a software tracking system. These improvements will be added expenses so Council should look to build a "cushion" to provide for these upgrades.

Mr. Weaver said he is in favor of the $10.00 rate and stated he doesn’t feel the extra $1.00 would keep people from using the garage. Ms. Brown agreed and noted the Finance Committee originally discussed a $12.00 rate. Mr. Teague said he recently returned from a trip to Chicago and they charged $10.00 for the first 20 minutes.

Dan Konstalid addressed Council and said Mrs. Naugle’s proposal of $9.00 with only a shortage in the budget of $1,300.00 was a good point. The College recommends using the $9.00 maximum daily rate. He pointed out the hotel guest may end up paying more than $9.00 a day because every time they leave the deck it restarts calculating their time. The hotel doesn’t have an agreement with the Borough for in and out privileges at the parking garage for its guest.

Mr. Birkner said this has been a complex issue and that the hotel and Borough will go on regardless of the $9.00 or $10.00 fee. He noted that the numbers discussed about a potential shortfall had varied, with $1300 being the lowest number.

Dan Konstalid agreed the Finance Director has provided a varied rate from $1,300.00 to $5,000.00. He said the College would agree to pay the Borough the shortfall up to $5,000.00.

Moved Mr. Schindel, seconded Mr. Teague to authorize the preparation of a resolution setting parking rates for the Gettysburg Borough Parking Garage at $.75 per hour up to a maximum amount of $10.00 per day and $60.00 per month, $15.00 for a late ticket, and also setting a flat rate of $4.00 for the issuance of a chaser ticket for parking in the Gettysburg Borough Parking Garage for certain designated events held within the Borough. A roll call vote was taken. YEA: Mr. Teague, Ms. Brown, Mr. Schindel, Mr. Butterfield and Mr. Weaver. NAY: Mrs. Naugle and Mr. Birkner. The vote passed 5-2.

Moved Mr. Schindel, seconded Ms. Brown to adopt Resolution No. 040813-1 establishing that Ramona Overton, Borough Finance Director has the authority to transfer $12,000 from the Capital Reserve Fund to fund the Transportation Study for the 150th Battle Anniversary to be reimbursed to the Capital Reserve as additional funding becomes available. Motion carried unanimously.

Mr. Teague said a traffic plan or management of traffic is what the Borough needs and not a transportation study. We need the local authorities, state police, local police, borough officials, Penn DOT and others who work to get information together for use with traffic management. Albert Penska said the County is developing a team of professionals with the Transit Authority. They will develop traffic management to address how to keep the residents safe, how to handle visitors and also to get people through town. Mr. Penska said a series of plans will be handed over to the Transit Authority later this week to make a determination as to which firm is best to address the management of traffic within the community.

Mrs. Naugle asked for an explanation as to why the unrestricted cash accounts in the operating reserve and maintenance reserve represent a decrease in the treasurer’s report in January and February. Finance Director Ramona Overton responded that Capital Projects such as the West Middle Street project, the Borough pays and then is reimbursed when the projects are completed and the funding is received. This is what causes the fluctuation.

Moved Mr. Butterfield, seconded Mrs. Naugle to authorize the Borough Engineer, C. S. Davidson Inc. to advertise the 2013 Street Improvement project for bidding. Motion carried unanimously.

Mr. Birkner expressed his concern with work to Constitution Avenue at this time due to Gettysburg College working on a major building project. He pointed out the large equipment would be traveling on the road possibly damaging it and asked if this road improvement could wait until the construction work is complete.

Dan Konstalid agreed the College plans to repair the crosswalk at the daycare on Constitution Avenue. The other major project is Gladfelter Hall so the heavy equipment would travel Constitution Avenue. He suggested waiting to mill this road until these projects are complete. 

Chad Clabaugh said he would speak with Jim Biesecker, Director of Facilities Planning and Management, Gettysburg College, regarding this issue. He noted the road work originally was to be completed over the summer before the students come back to school in August.

Moved Mr. Butterfield, seconded Mr. Teague authorizing notice to abutting property owners and advertisement for enactment of an ordinance widening and relocating Brickyard Alley and Smith Alley by adding to said alleys a portion or strip of land previously dedicated to the Borough for public use by Gettysburg College consistent with Section 1751 of the Borough Code. Motion carried unanimously. 

Mr. Teague thanked the Gettysburg College for graciously agreeing to work with the Borough to provide the widening of these alleys. Mr. Birkner also acknowledged the Public Works Department for a tremendous job on these alleys.

Moved Mr. Butterfield, seconded Mr. Schindel to adopt Resolution No, 040813-2 to upgrade eight (8) Company owned 100 watt high pressure sodium vapor cobrahead street lights on wood poles to 150 watt high pressure sodium vapor luminaries. The lights are located near 227, 261, 271, 281, 299, 351, 401 and 487 Steinwehr Avenue within the Borough. Motion carried unanimously.

Mr. Butterfield pointed out there is no added cost to the Borough that the Steinwehr Avenue BID will pay the cost. Manager Ford also noted that Met-Ed will pay for the installation of these poles.

Mr. Butterfield announced the Journey through Hallowed Ground annual Conference is scheduled for May 21-22 to be held in Gettysburg at the Gettysburg Hotel.

Mr. Butterfield announced the County Commissioners will be conducting a 150th Commemoration Community Forum on May 7th from 6:30 pm to 8:30 pm. It will be held at the Gettysburg Middle School and they will be focusing on County wide plans. Council members are encouraged to attend.

Mr. Butterfield mentioned out Main Street Gettysburg had a college intern contact over 200 business’s and found that only four were willing to open their restrooms for use this summer to the public due to the fact that they were too small or had ADA issues. 

Mr. Butterfield reminded Council that the Borough Manager is required to give a full accounting of the financial administrative activities of the Borough for the preceding year. This is to be presented to Council as soon after the close of the fiscal year. He hopes that when a meeting is scheduled Council can discuss the shortfall that occurred in the 2012 budget that they were notified about in January. Mr. Butterfield said he doesn’t want to have anymore surprises like this past year. 

Mr. Birkner said this would be very useful to review and discuss as soon as the audit is finished. He is sympathetic to what Mr. Butterfield is saying and said that he feels Council is not always as up to date or knowledgeable as Council could be about the fiscal standing of the Borough. He asked Manager Ford when the audit is expected to be complete so that a meeting for discussion. Manager Ford responded she is waiting for the audit report that is due in May so that a discussion meeting could be scheduled.

Moved Mrs. Naugle, seconded Mr. Weaver to approve budget revision to the Borough’s 2008 Community Development Block Grant Program. Motion carried unanimously.

Moved Mrs. Naugle, seconded Mr. Butterfield, to approve and authorize the issuance of Certificates of Appropriateness for Item A (142 East Middle Street) and Item B (117 York Street), as set forth in the minutes of the March 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.

Moved Mrs. Naugle, seconded Ms. Brown, authorizing the scheduling and the advertisement of a special meeting to be held on Tuesday, April 30, 2013 at 4:00 p.m. for the purpose of conducting a workshop of Borough Council relative to 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. Motion carried unanimously.

Moved Mrs. Naugle, seconded Mr. Teague, authorizing the Borough of Gettysburg to execute and deliver a Community Assistance Planning Program contract with the County of Adams in order for the Adams County Office of Planning and Development to assist the Borough in the development of a regional comprehensive plan involving the Borough and Cumberland Township. Cumberland Township.

Moved Mrs. Naugle, seconded Mr. Butterfield, authorizing the advertisement for enactment of an ordinance amending the Borough’s Historic District Ordinance relative to ordinance provisions regarding demolition and demolition by neglect of buildings in the Borough’s Historic District. Motion carried unanimously.

Moved Mrs. Naugle, seconded Mr. Butterfield, to adopt Resolution No. 040813-3 authorizing the submission of a Community Conservation Partnerships Program (C2P2) grant application to the state Department of Conservation and Natural Resources (DCNR) for design and engineering costs for the Gettysburg Inner Loop Phase 2 project. Motion carried unanimously.

Mr. Teague said citizens have expressed concern about the extra traffic that may be caused to Chambersburg Street. He asked by approving the grant application what it would commit the Borough to. Mrs. Naugle answered this is only for the design plan. Mr. Teague also asked if the Borough would be responsible to pay engineering fees for Racehorse Alley. Mrs. Naugle said they would review the Master Plan. Mr. Teague expressed his concern and said he doesn’t feel the Borough should pay engineering fees if the project isn’t going to work. Chad Clabaugh said these funds are for the study and that it would take several months before we get a response. Mr. Birkner also said that Council will have a chance to hold a meeting and discuss the study. Solicitor Eastman also pointed out that if Race Horse Alley was change to a one-way street it would need an ordinance change.

Moved Mrs. Naugle, seconded Mr. Weaver to set and advertise a special meeting of the Borough Council to be held on Tuesday, May 14, 2013 immediately following the adjournment of a joint public hearing with Cumberland Township for the purpose of enacting an ordinance of the Borough at the special meeting authorizing the creation of a joint recreation authority with Cumberland Township to be known as the Gettysburg Area Recreation Authority. Motion carried unanimously.

Mr. Teague said he is a strong supporter of this and commented it is always great to work with other municipalities.

Mrs. Naugle said she handed out the Recreation Authority budget at last months meeting and asked anyone that has any questions or concerns should contact her. She noted the Rec Board will be reviewing this with the Borough Manager in the next few weeks to get the final document completed.

Mr. Weaver said he recently attended a meeting with the Adams County Council of Governments where they discussed the joint purchasing program. He was pleased to see the Borough was listed as a participant and asked if the Borough has purchased using this program. Manager Ford responded yes the Borough is included and that currently bids are being accepted for stone materials. She will review when the bidding process is complete.

Mr. Weaver reported the USS Gettysburg is still in Mayport, Florida and that there is nothing new to report.

Mr. Weaver announced Representative Scott Perry is planning to attend the May Council meeting and will make a few remarks.

Mr. Teague thanked Manager Ford and Chief Dougherty for completing the report due for DCED in regards to the police study and consolidation.

Mr. Teague pointed out with the changes in the application process for parades they must be approved by Penn DOT. There are currently three parade permits that were submitted to Penn DOT that are still waiting for final approval. They include the Memorial Day Parade, Parade of Chrome and July 3rd. All parades would involve closing main roads. Mr. Teague said the Chief hasn’t received any information regarding the permits so he is not sure if the parades will be approved.

Mr. Teague reported an issue that was raised at the Public Safety Committee from the PA Municipality League urging us to consider advocating the use of radar for our police. He said the Chief reported that it would be a useful tool but that the Borough doesn’t have funding for it.

Chief Dougherty pointed out this same Bill has been brought before the State Legislators for the past 20 years. He suggested Council not spend a lot of time or money on this issue until the legislators are ready to move forward.

Moved Mr. Teague, seconded Ms. Brown to enact Ordinance No. 1407-13 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.

Mr. Teague reported that due to the Memorial Day Holiday on May 27th he will reschedule the Public Safety Committee meeting to Monday, May 20th at 4:00 pm. 

Chad Clabaugh asked for guidance from Council in regards to South Street improvements. Mr. Birkner asked Manager Ford to meet with him to discuss this matter first before proceeding.

Moved Mr. Butterfield, seconded Ms. Brown, authorizing the Borough of Gettysburg to execute and deliver a Development Agreement and an Operation and Maintenance Agreement For Stormwater Management Practices with the Adams County Habitat For Humanity in connection with the Preliminary/Final Subdivision and Land Development Plan on North Fifth Street. Motion carried unanimously.

Moved Mr. Butterfield, seconded Mrs. Naugle to approve the financial security in connection with the Habitat For Humanity, Preliminary/Final Subdivision and Land Development Plan of the North Fifth Street Property in the amount of $30,910.00, in a form authorized by the Pennsylvania Municipalities Planning Code, consistent with the certification letter by the Borough Engineer. Motion carried unanimously.

Manager Ford reported she will be attending the upcoming PLCM Conference in Harrisburg. She was asked to serve on the board to discuss ACT 111 and pension reform.

Mr. Teague asked if the unpaid revenues for the Rec Park been paid and also the status on the LST Taxes. Manager Ford answered the agreement with the Weight Watchers for use of the Rec building facility has been corrected. Manager Ford reported that envelopes with money are still being uncovered for the LST taxes. This will continue to take time to get resolved. 

There was no Public Comment at this time.

With no further business to come before council moved Mr. Teague, seconded Ms. Brown to adjourn the meeting at 9:05 p.m.