Council Meeting

President Michael Birkner called the meeting to order at 7:00 PM with the following Councilors present: Mrs. Susan Naugle, Mrs. Claire Lewis, Mr. Graham Weaver, Mr. Jacob Schindel, Ms. Rebecca Brown, Mr. Kyle Leinbach and Mr. Charles Teague. Mr. John Butterfield was 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. 

Others present included: Congressman Scott Perry; Holly Sutphin, Office Administration for Cong Scott Perry; Brian Devost, Rec Park Director; Darlene Brown, PICPI & ACHA; Gary Shaffer, HARB Chairman; Brad Hoch, Adams County Historical Society; Michael Cooper-White, Gettysburg Lutheran Seminary; John Spangler, Gettysburg Lutheran Seminary; Robin Fitzpatrick, Adams County Industrial Development Authority; Ronald Jones, Adams County Library; Elizabeth Monahan, Monahan Partnership, Federal Pointe Inn; Patricia Black, Patricia Black Abstracting; Larry Webber,, Luke’s American Grille; Marlin and Addie Myers, SERVPRO of Chambersburg; Chuck Moran, Gettysburg Hotel; Steve Sexton, 116 Chambersburg Street; Merry Bush, 4521/2 West Middle Street; Joe Hamilton, 534 Carlisle Street; Jeff and Amy Zimmerman, 217 Baltimore Street; Kathy Jacob, 267 Baltimore Street; Stan and Judi McGee, 256 Baltimore Street; Stan Clark 915 Fairview Avenue; Steve Hemler, 1196 Chambersburg Road, Gettysburg and Scot Pitzer 59, York Street.

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

President Birkner announced an executive session of the Borough Council will be conducted immediately prior to the adjournment of this meeting consistent with Sections 708(a)(2), 708(a)(3) and 708(a)(4) of the Sunshine Act for the following purposes: (1) to receive information and to discuss strategy 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; (2) to receive information and consider the possible purchase, sale or lease of real property of the Borough of Gettysburg; and (3) to consult with its attorneys and other professional advisors regarding information or strategy in connection with litigation filed by the Teamsters Local No 776 against Gettysburg Borough and its Chief of Police in the United States District Court for the Middle District of Pennsylvania, Civil Action No. 1:13-CV-110. 

Moved Mr. Teague, seconded Mr. Schindel to approve the agenda as presented. Motion carried unanimously. 

Moved Mr. Schindel, seconded Mr. Weaver to approve the April 8, 2013 minutes as written. Motion carried unanimously. 

Special Presentation: 

Bob Orndorff – Retirement recognition

Mayor Troxell presented Bob Orndorff with a proclamation in honor of his years of service to the Borough upon his retirement. Bob retired on April 29th from the Public Works Department with over 34 years of consecutive employment. 

Bob thanked everyone for honoring him tonight and especially appreciative to his fellow co-workers.

Congressman Scott Perry

Congressman Scott Perry addressed Council and said it is a great privilege to serve Gettysburg. He mentioned several items he has worked on including the Highway Bill, fire department grants and that he also serves on Homeland Security Emergency Service, Transportation Infrastructure Study, and Foreign Affairs Committee. 

President Birkner thanked Congressman Perry for his remarks and said he hopes Council can call on him as events warrant and have an ongoing dialogue with him. 

Graham Weaver asked the status on the Train Station Bill. Congressman Perry responded that he continues the work his predecessor Todd Platts had begun. He said the bill has recently been resubmitted for approval. He is currently working to get this passed by the House of Representatives and continues to speak with Senators Casey and Toomey in order to advance the legislation, which he emphasized, was nonpartisan. Congressman Perry said his hope is to have it completed by the 150th Anniversary.

HARB 2013 Preservation Awards

Scott Dellett announced in celebration of Historic Preservation which is recognized the month of May, awards will be presented for exceptional merit, merit and honorable mention.

HARB Chair Gary Shaffer offered a brief description of each property that will receive a certificate commending improvements made. He presented each with a certificate. They are as follows: Exceptional Merit: Peter Monahan, Federal Pointe Inn; Lutheran Theological Seminary; Patricia Black Abstracting; York Adams Transit Authority and Steven Sexton; Certificates of Merit: Troy and Jessica Dean; Thomas Soliday, Jr.; John Bardi; Larry Webber; Keith and Dawn Bordonaro; Adams County Library; Jeffrey and Amy Zimmerman; Thomas Buchmann II and Becki Redwine and Anna Jane Moyer. Certificates of Honorable Mention: Gioconda Fazzolari and Jeff Cook. See attached list for complete details. 

Public Comment:

Joe Hamilton, 534 Carlisle Street, addressed his concerns regarding Brickyard and Smith Alley. He asked if the ordinance on tonight’s agenda to widen and relocate would help with traveling in the alley. Mr. Hamilton said that during large events such as the soccer tournament residents cannot get in and out.

Solicitor Eastman explained the alleys are meant for public to travel and not intended to be designated parking areas.

Mr. Birkner noted that cones and barriers are put out during these large events. He asked that this topic be placed on the upcoming College Community Committee meeting for further discussion. Chief Daugherty said that 50% of the time the College will notify him of upcoming events. 

Steve Hemler asked who maintains the website. Flo responded it is done at the office. Mr. Hemler also expressed concern with the weeds and pond that is not fenced in at the Lutheran Seminary and suggested that the borough had a "double standard" in enforcement. Chad Clabaugh explained that during the Seminary’s construction they are required to have basins for sediments. He said that when the construction is complete this would become a dry area. Mr. Birkner said the Code Enforcement Officer will review the situation. He also emphasized there was no double standard in enforcing borough codes.

Stan Clark also expressed concern with what he believes is selective enforcement. He said he met with Mr. Birkner to express concerns about code enforcement and remains dissatisfied with the borough’s response. 

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

Mrs. Naugle asked for an explanation regarding the invoice for Karen Teel, K S Teel PC listed on the bill list in the amount of $22,338.75. She noted only $6,000 was budgeted for services. Mona Overton responded a portion of the bill is for Gettysburg Municipal Authority services and the remainder is for audit preparation, bank reconciliation and other services Karen provides for the Borough.

Mrs. Naugle asked why the Borough is now a member of the Hanover Area Chamber of Commerce. Mona Overton responded it was a requirement for the new health insurance to provide a discount rate.

Moved Mr. Schindel, seconded Mrs. Lewis to adopt a resolution setting the parking rates for the Gettysburg Borough Parking Garage as previously authorized by the Borough Council at its April 8, 2013 meeting. Motion carried unanimously.

Moved Mrs. Naugle, seconded Mr. Schindel to enact 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.

Moved Mrs. Naugle, seconded Mr. Schindel to award a contract to Stewart and Tate as the lowest responsive bidder for the 2013 micro-surfacing project in the amount of $73,741.50. Motion carried unanimously.

Moved Mrs. Naugle, seconded Ms. Brown to approve and authorize the issuance of Certificates of Appropriateness for Item A (249 North Washington Street), Item B (38 West Middle Street), C (619 Baltimore Street), D (123 Baltimore Street) E(40 East High Street), and F (108 North Stratton Street) as set forth in the minutes of the April 17, 2013 meeting of the Historic Architectural Review Board ("HARB") consistent with the findings and recommendations of HARB as set forth herein. Motion carried unanimously.

Moved Mrs. Naugle, seconded Ms. Brown to enact an ordinance amending the Borough’s Historic District Ordinance relative to ordinance sections and provisions regarding demolition and demolition by neglect of buildings in the Borough’s Historic District. Motion carried unanimously.

Moved Mrs. Naugle, seconded Mr. Weaver to hold a public hearing at 6:30 pm on Monday, June 10, 2013 prior to June’s regular Council meeting regarding a grant application to the state Department of Community and economic Development by the Pennsylvania Interfaith Community Program, Inc. (PICPI) for the South Street Streetscape Project. Motion carried unanimously.

Mrs. Naugle announces the next Recreation Board meeting is scheduled for Wednesday, May 15th at 4:00 pm.

Mrs. Naugle reminded Council of the upcoming joint meeting with Borough Council and Cumberland Township representatives in regards to the Recreation Authority, scheduled for Tuesday, May 14th at 7:00 pm to be held at the Rec Park.

Mrs. Lewis announced the next College Community meeting is scheduled for Wednesday, May 22nd at 5:00 pm.

Mr. Weaver reported he would like to invite the Senators to speak about the Train Station Bill and the status of that legislation.

Mr. Teague asked that the Public Safety Committee time be rescheduled to 4:00 instead of 3:00 to allow time needed by the Finance Committee meeting on May 20th.

Mr. Teague presented Council with a police statistics report from information he gathered from the police reports submitted by the chief. 

Managers report:

Civil War Trust

Manager Ford gave a brief report regarding a request by the Civil War Trust. It is the nation’s largest non-profit organization dedicated to the preservation of civil war battlefields. The Trust requested the Borough to act as the government sponsor/pass through for the Trust as a requirement for applying for a grant. The Civil War Trust proposes to acquire property located at 570 Hillcrest Place.

Mrs. Naugle asked if the Trust has purchased the property yet and if so the property would be removed from the tax rolls. She expressed concern and thought it would be a loss to the borough if this happened. Manager Ford responded they have not purchased the property but that it is a highly sensitive property the Trust would like to secure. Walter Powell wrote an excellent history regarding the property. The Civil War Trust is a non profit organization. It cannot get the grant money to purchase unless the Borough is willing to sponsor it. 

Mr. Weaver asked the value of the property. Manager Ford responded it is valued at $144,000 and has been on the market for a few years.

Mr. Teague said the property in question is significant to the battle and is notable property that visitors cannot walk on to see. Mr. Leinbach asked Mr. Teague how you determine the importance of preservation and the needs of the taxpayers. Mr. Teague responded that preservation could bring more tourists to the area.

Council asked to delay until further information is received. Manager Ford will notify the Trust to provide more information regarding this project and report to Council. 

Pension

Manager Ford gave a brief update regarding the pension RFP process. She said the pension committee has completed the process and the results and a motion will be placed on the June Council agenda.

Highway Equipment Bids

Manager Ford reported the highway equipment bid had been advertised and only one bid was received from C. E. Williams. The documents will be reviewed and placed on the June Council agenda fro approval.

Moved Mr. Leinbach, seconded Ms. Brown to accept the J. P. Harris tax exoneration report as presented for tax year 2012. Motion carried unanimously.

Dan Hilliard announced that the brush and yard waste pickup will begin the week of May 20th.

Mayor Troxell reported the Adams County Borough’s Association meeting is scheduled for Monday, May 20th at 6:00 at the Pike Restaurant.

The meeting was adjourned to an executive session at 8:35 pm. 

Moved Mr. Schindel, seconded Mr. Leinbach to authorize and ratify the negotiated and amicable resolution of Case No. 1:13-CV-110-CCC filed in the United States District Court for the Middle District of Pennsylvania reached by the International Brotherhood of Teamsters Local No. 776, the Borough of Gettysburg and Chief Joseph F. Dougherty through mediation. Motion carried unanimously. 

With no further business to come before council moved Mr. Schindel, seconded Mrs. Lewis to adjourn the meeting at 10:03 pm.