Council Meeting

President Michael Birkner called the meeting to order at 7:00 p.m.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, Manager Peter Marshall, Borough Secretary Sara Stull, Solicitor Harold Eastman, Chief Joseph Dougherty, Planning Director Scott Dellett and Public Works Foreman Robert Harbaugh.

Others present included: Darlene Brown, PICPI-ACHA; Lee Haley, IESI; Michael Fagan and Pat Heraty representing Waste Management; Judie Butterfield, 999 Sunset Avenue; Steve Hemler, 535 York Street; Stan Clark, 915 Fairview Avenue; Rodger Goodacre, 105 East Broadway; Scott Pitzer, 59 York Street.

Representing the press were Jim Hale of the Gettysburg Times, and Vanessa Pellechio representing the Evening Sun.

President Birkner announced an executive session of the Gettysburg Borough Council was conducted immediately prior to the adjournment of its regular meeting held on September 9, 2103 consistent with Sections 708(a)(1), 708(a)(2) and 708(a)(3) of the Sunshine Act. An executive session of the Borough Council will be conducted immediately prior to the adjournment of this meeting consistent with Sections 708(a)(1), 708(a)(2), 708(a)(3) and 708 and 708(a)(4) for he following purposes: (1) to discuss matters involving the employment of Borough employees; (2) to received information and to discuss matters related to the negotiation of a collective bargaining agreement with the Teamsters Local No. 776; (3) to receive information and to consider the possible purchase, sale or lese of real property of the Borough of Gettysburg; and (4) to consult with its attorney regarding information in connection with 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-S972 and in connection with a case files in the Court of Common Pleas of Adams County to No. 13-S-1193 in which the Police Department of the Borough of Gettysburg is named as one of multiple defendants.

Moved Mr. Butterfield, seconded Mr. Leinbach to approve the agenda as presented.

Moved Mr. Leinbach, seconded Mrs. Lewis to approve the September 9, 2013 public hearing minutes as presented. Motion carried unanimously.

Mr. Teague asked that his comments in the minutes under Public Safety regarding businesses setting up on sidewalks should include Lincoln Square that was also part of that discussion.

Moved Mr. Schindel, seconded Mr. Leinbach to approve the September 9, 2013 Council minutes after making the amendment as requested. Motion carried unanimously. 

Public Comment:

Stan Clark addressed Council regarding the recent judgment by Judge John Kuhn regarding the police grievance. It was in favor of the Borough but he asked how much the borough will spend if the police appeal the case. He pointed out the Teamsters Union will pay for the police but that the tax payers would pay the Boroughs expenses.

President Birkner said the Borough just recently received word that there would be an appeal by the police and that Council hasn't had a chance to discuss it yet. He said Borough Council was agreeable to try and find a middle way but was never able to reach an agreement. President Birkner said he doesn't like the consequences of this but Council will need to discuss and see how to proceed.

Steve Hemler asked Council if the Borough had a Bond with CENTAX or York/Adams Tax Collectors. He asked if not who made the decision not to get a bond was it the Borough Manager, Finance Director or Finance Committee. Mr. Hemler said the Borough lost $118,000 of taxes.

Solicitor Eastman responded there is a procedure that the Borough must follow and noted it is now in receivership He noted claims have been filed and there are also other avenues that the Borough can pursue. 

President Birkner said that this CENTAX business goes back many years. He stated there are no way Council members can be knowledgeable of this on a part time basis and that is why there is a Borough Manager to deal with these issues. 

John Butterfield asked Mr. Hemler to present his questions so that we can provide him with the answers. Mr. Hemler will submit them to Mrs. Stull.

Stan Clark said he recently filed a public records request to gather CENTAX information. He said he feels the Borough didn't have the proper documents that were needed and that the Borough Manager, Finance Director and Finance Committee chair would be responsible.

Manager Marshall commented that CENTAX collected more that just the public service tax and the various taxes have different requirements in the code. Certain ones may require a bond but not sure which ones so he will research this further.

Judith Butterfield representing the Recycling Committee asked Council to delay the motion regarding the waste hauler contract until next month. She said Waste Management and IESI attended the Public Works Committee meeting and that Council recently received the handouts for review. Council should take time to review and contact other municipalities to see how there service has been. Mrs. Butterfield said that Waste Management has always been very helpful over the years.

Kyle Leinbach asked Mrs. Butterfield if she has any specific concerns with IESI. Mrs. Butterfield replied no. Graham Weaver asked if anyone has contacted other municipalities. Jim Haley said IESI has serviced in this area for 12 years. Kyle said he has used IESI and had no issues with them that his experience was favorable.

Mayor Troxell announced Trick-or-Treat will be held on Tuesday, October 31st from 6-8 p.m. and the Halloween parade is scheduled for October 22nd /rain date October 29th. Mayor Troxell commended Bob Monahan for a fabulous job organizing and hosting the Medal of Honor events in Gettysburg. He said he was thrilled and honored to be part of these events. 

President Birkner reported there was a good turn out for the Council workshop session to discuss the proposed Fire Tax. We heard valuable information from the citizens. Council will consider and discuss during its upcoming budget process.

President Birkner announced a letter was received from the Gettysburg Area Retail Merchants Association (GARMA) requesting free holiday parking beginning on Thanksgiving and continuing through New Year's day.

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

Moved Mr. Schindel, seconded Mr. Butterfield to adopt a resolution updating the authorized signers for ACNB Bank. Motion carried unanimously.

Moved Mr. Schindel, seconded Mrs. Naugle to authorize a COLA increase for retired police pensioner Frederick Gantz to be paid from the Police Pension fund effective September 1, 2013. Motion carried unanimously.

Moved Mr. Schindel, seconded Mr. Leinbach to approve the Minimum Municipal Obligation (MMO) for the Gettysburg Police and Non-Uniformed Pension Plans for 2014. Motion carried unanimously.

Moved Mr. Schindel, seconded Mr. Leinbach to accept the recommendation of the Pension Committee to approve the Municipal Retirement Trust (MRT) as the most qualified firm to provide pension services based upon qualifications, experience, expertise and compensation. The Interim Manager and President of Council are hereby authorized to execute such documents and take such actions as shall be necessary or helpful to effectuate this motion including the engagement of MRT, the termination of Adams County national Bank (ACNB) as trustee of the pension funds and the transfer of funds as directed by MRT. Motion carried unanimously.

Moved Mr. Butterfield, seconded Mrs. Naugle to adopt a resolution terminating ACNB Bank as the trustee of the Borough Police and Non-Uniformed Pension Plans. Motion carried unanimously.

Moved Mr. Schindel, seconded Mrs. Lewis to adopt a resolution to excuse the police from making contributions to the Police Pension Fund for 2013. Motion carried unanimously.

Moved Mr. Schindel, Mr. Leinbach seconded to enact an ordinance amending Chapter 15, Part 11 of the Code of Ordinances for the purposes of amending, updating and revising the Borough regulations in connection with the setting of rates for parking and the use and operation of the parking garage. Motion carried unanimously.

Charles Teague asked for an update on the former REDDI property. Jake Schindel said Council received and invite from ACEDC to an open house on November 14th. Scott Dellett reported the owners of the property have applied for a demolition permit. He said a county planning representative will attend the next Community Development Committee meeting to update on this project. 

John Butterfield gave a brief summary of the waste hauler bidding process. He commented that the borough has always had good service and support from Waste Management. He said that the IESI representative said they would provide the same quality of work. 

Pat Hearity, District Manager for Waste Management said this is a difficult decision for Borough Council. He said they have had a mutually beneficial partnership with the borough for many years and appreciates the support over the years. Mr. Hearity pointed out that IESI uses Waste Managements' recycling facility in Elkridge, Maryland and will continue to do so.

President Birkner noted the borough was included in the open bidding process with the county and said if we reject the low bid then we're not approving the bidding process. He agreed that Waste Management has been great to the borough but should consider the tax payers getting the better rate with IESI.

Solicitor Eastman noted the Borough Code does mandate that the borough award the bid to the lowest qualified bidder for such services.

Moved Mr. Butterfield, seconded Mrs. Lewis to award the municipal waste collection to IESI Corporation as the lowest responsible bidder; for a three year contract period beginning on January 1, 2014 and extending to December 31, 2016. A roll call vote was taken and the motion carried unanimously.

John Butterfield said at the last Steinwehr Avenue BID meeting they discussed street vendors and designating areas for them during major events. He asked if Council wanted to add this to the Ordinance Committee to review. President Birkner said comments that Council received during the 150th events this is not the appropriate time to be doing this. 

John Butterfield reported Norris Flowers, CVB Executive Director contacted him about the upcoming November 19th events. He said there may be over 20,000 people in attendance and asked if the Borough would consider renting portable potties to place in designated areas. John said he contacted the County Commissioners about the 150th event reimbursements that the Borough submitted and was told they haven't received the state funds yet. He asked if Council wanted to consider this request or discuss at a later time.

Susan Naugle suggested placing the portable potties on the upcoming public works agenda for further discussion.

Moved Mrs. Naugle, seconded Mr. Schindel to adopt a resolution endorsing Pennsylvania's Statewide Historic Preservation Plan for 2012-2017. Motion carried unanimously. 

Moved Mrs. Naugle, seconded Ms. Brown to approve and authorize the issuance of Certificates of Appropriateness for Items A (529 Baltimore Street), B (230 Steinwehr Avenue), C (46-50 West Middle Street), D (110 Baltimore Street), E (312 Baltimore Street) and F (124 Carlisle Street) as set forth in the minutes of the September 18, 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 Mr. Weaver to approve the request from the Gettysburg Area Retail Merchants Association (GARMA) to allow free holiday parking beginning on Thanksgiving through New Year's Day from noon until 8 p.m. The spaces will be clearly marked in the designated areas to include Lincoln Square, the first blocks of Baltimore, York and Carlisle Streets, the first and second blocks of Chambersburg Street and all of Steinwehr Avenue. Motion carried unanimously.

Charles Teague asked what the loss of revenue is for the borough. Kyle Leinbach said it is approximately $4.00 per space each day.

Susan Naugle reported the Gettysburg Inner Loop won't qualify for the DCNR grant this year. She said they had a significant number of applications with limited dollars. Mrs. Naugle said we need to bump our request up with ACTPO to the level where we are actually funded. She said we will reapply in January when it reopens and make changes to the application as needed.

Susan Naugle announced the Blue Star Memorial dedication is scheduled for October 19th by the Gettysburg Garden Club.

Susan Naugle gave a brief summary of items discussed at the Community Development Committee meeting. She said Josh Hinkle, Adams County Connected Committee gave a presentation about Broad Band Service and they will issue a report to the County Commissioners. It will then be passed on to Council for review. Chris Glatfelter, Adams County Arts Council also attended to discuss the New Years Eve celebration and the confusion of sponsorship and permits required. The Borough doesn't have the ability to waive the special events permit fee unless they are the designated sponsor. Susan recommends that the Borough approve sponsoring this year's New Years Eve event with the Arts Council coordinating the event. She also said the Borough needs to have written agreements with these arrangements made with these partners in the community. 

Mr. Leinbach said regardless of the decision we should take in to consideration of what this does for the business's downtown. It is a well attended event and is good for the community. Mr. Weaver agreed it is a good event and with the Arts Council acting as our agent and would approve this. Claire Lewis asked if this may present a problem with other organizations that may want the Borough to partner so they don't have to pay the fees. Susan said this would be the Borough's decision to make. Jacob Schindel said this would be setting precedence and doesn't feel we should be sponsoring this event. Other agencies could sponsor events and make money.

Moved Mrs. Naugle, seconded Ms. Leinbach that the Borough act as the sponsor of the 2013/14 New Year's Eve on the Square event with Adams County Arts Council as the coordinating agency; and that the Borough develop an agreement of responsibilities with the Adams County Arts Council for the 2014/2015 New Year's Eve celebration. YEA: Mr. Teague, Mr. Leinbach, Mrs. Brown, Mr. Butterfield, Mr. Weaver and Mrs. Naugle. NAY: Mr. Schindel and Mrs. Lewis.

John Butterfield said he doesn't feel the tax payers should pay for a parade or special event noting this is the only event that the Borough has sponsored. Council will approve for this year but discuss for future events.

Claire Lewis announced the next College Community meeting is scheduled for Wednesday, November, 20th at 5:00 p.m.

Graham Weaver reported at the Main Street Board meeting that the NPS would be closed due to the government shutdown. He said he sent emails to our 3 representatives urging them not to support any positions which would result in a closure of the government and noted this will be detrimental to the visitors and businesses.

Graham Weaver reported the USS Gettysburg had their 1000 helicopter landing and it was successful.

Moved Ms. Brown, seconded Mr. Leinbach to reappoint Shirley Carlson to the Shade Tree Commission for a (5) five year term; expiring in October 2018. Motion carried unanimously.

Moved Ms. Brown, seconded Mrs. Lewis to appoint Joan Hodges to the Gettysburg Historical Architectural Review Board (HARB) effective January 1, 2014 to fulfill the unexpired term of Nancie Gudmestad. This term will expire in August 2015. Motion carried unanimously.

John Butterfield feels it would be helpful if Council can see the volunteer applications in the Council notebook and asked if this could be done. Becky Brown said the Human Resources Committee does research the volunteer applicants. President Birkner asked that this can be handled informally by the Human Resources Committee.

Charles Teague said the issue regarding Residential Parking Permit (RPP) parking was discussed at the Safety Committee meeting and noted that it was determined that the RPP area is not the parking space but the whole RPP area. 

Moved Mr. Teague, seconded Mrs. Lewis authorizing the advertisement for enactment of an ordinance amending Chapter 15, Part 10 of the Code of Ordinances for the purpose of removing an area on both sides of Springs Avenue between Reynolds Street and Howard Avenue from the Borough's residential parking permit system. Motion carried unanimously.

Moved Mr. Teague, seconded Mr. Butterfield authorizing a joint public meeting with Cumberland Township Supervisors regarding possible police consolidation with both municipalities; the date to be established by the President of Council. Motion carried unanimously. 

President Birkner said he has notified Cumberland Township with available dates and is still waiting to coordinate a date for everyone.

Susan Naugle asked if this meeting is to hear public comment. Charles Teague responded yes.

Moved Mr. Teague, seconded Mr. Schindel that Borough Council establish a workshop to consider Borough management of Lincoln Square. YEA: Mr. Teague, Ms. Brown, Mr. Schindel, Mr. Butterfield, Mr. Weaver and Mr. Birkner. NAY: Mr. Leinbach, Mrs. Lewis and Mrs. Naugle.

Susan Naugle expressed concern about the Borough's legal claim to the sidewalks in question and feels this might be premature to discuss at a workshop session until Council has time to sort this issue through. Other Council members expressed concern and will be discussed further at the workshop. President Birkner will have Solicitor Eastman research and give Council his opinion.

Moved Mr. Schindel, seconded Mr. Weaver to approve the reduction in financial security in connection with the Western Gateway Project, by an amount of $493,986.00 to provide a remaining balance of $71,907.35, consistent with the certification letter by the Borough Engineer. Motion carried unanimously.

Manager Marshall reported the accounting firm has been working in our finance department but it has been very challenging. He is also working on the budget, health insurance, contracts and will be meeting with Public Works and Recreation personnel to discuss the future of the Rec Park as we move forward with GARA.

Moved Mr. Schindel, seconded Mrs. Naugle to accept the J. P. Harris Tax Exoneration report for tax years 2012, 2011, 2010, 2009, 2008, 2007, 2006, 2005, 2004, 2003, and 2002 as presented. Motion carried unanimously.

Public Comment:

Darlene Brown said she likes the Arts Council and serves on its Board and is okay with Councils decision tonight. She pointed out that Elm Street does have a formal agreement with the Borough to administer the program and pointed out if she didn't have other arrangements to pay for the parades she would come before the Borough for the same agreement as the Arts Council. 

Darlene Brown reported that the Fahnestock Building short film is completed and they will be taking it nationwide to show what partnerships can do to save historic preservation. She would like to show the film to Council at an upcoming meeting.

Steve Hemler expressed his concern regarding providing portable potties for the November events and stated he doesn't feel the Borough should pay for them. 

Stan Clark asked if Peter Marshall has been hired for the manager recruitment services. President Birker responded that has not been approved at this point that Peter is serving only as the Borough Manager.

Lee Haley, IESI thanked Council and said they are willing to provide the same services that Waste Management provided.

At this time the meeting was adjourned to an executive session.

The meeting reconvened and with no further business to come before council moved Mr. Teague, seconded Mr. Schindel to adjourn the meeting at 10:35 pm.

Respectfully submitted,

Sara L. Stull

Borough Secretary