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, Ms. Rebecca Brown, Mr. Graham Weaver. Mr. Kyle Leinbach and Mr. Charles Teague were absent. Staff present included Mayor William Troxell, Borough Solicitor Harold Eastman, Borough Secretary Sara Stull, Chief Joe Dougherty, Planning Director Scott Dellett and Dan Hilliard, Public Works Director. 

Others present included: Daniel Bringman and Joanne Hanley, Gettysburg Foundation; Darlene Brown, PICPI; Scott Pitzer, 59York Street; Loring and Jean Shultz, owners Farnsworth house; Steve Hemler, 535 York Street; Stan Clark, 915 Fairview Avenue; 

Representing the press included Jim Hale of the Gettysburg Times and Vanessa Pellechio of the Evening Sun.

President Birkner took a moment to honor all veterans and pointed out that Mayor Troxell and Councilors Mr. Butterfield, Mr. Weaver and Mr. Teague are veterans.

President Birkner announced an executive session of the Borough Council was conducted immediately prior to the adjournment of its regular meeting held on October 15, 2013 consistent with Sections 708(a)(1), 708(a)(2) 708(a)(3) and 708(a)(4) of the Sunshine Act. An executive session of the Borough Council was convened at 6:30 p.m. just prior to the commencement of this meeting and will be reconvened and conducted immediately prior to the adjournment of this meeting consistent with Sections 708(a)(1), 708(a)(2) and 708(a)(3) and 708(a)(4) for the following purposes: (1) to discuss matters involving the employment of Borough employees; (2) to receive information and to discuss matters related to the negotiation of a collective bargaining agreement with the Teamsters local No. 776; and (3) to receive information and to consider the possible purchase, sale or lease of real property of the Borough of Gettysburg; and (4) to consult with its attorney regarding information in connection with cases filed in the Court of Common Pleas of Adams County to No. 13-S-491 and to No. 13-S-1193.

Moved Mr. Schindel, seconded Mr. Butterfield to approve the agenda after placing the 2 motions under the managers tab under Mr. Schindel's tab. Motion carried unanimously.

Moved Mr. Schindel, seconded Mrs. Naugle to approve the October 15, 2013 Borough Council meeting minutes as presented. Motion carried unanimously.

Special Presentation:

Darlene Brown, PICPI gave a brief presentation showing the recently renovated Fahnestock House located on 47 Baltimore Street.

Public Comment:

Darlene Brown commented how nice the new directional street signs look located on Lincoln Square.

Stan Clark asked if Council has an answer to his question from last month's meeting regarding the $118,000 shortfall and the CENTAX bond.

Solicitor Eastman explained that the $118,000 was not a shortfall of the Local Services Tax but rather appeared to be a figure related to Earned Income Tax collections of CENTAX. He pointed out that in 2012 the Borough worked with two collectors of Local Services Tax as the York Adams Tax Bureau also started collections for the Borough that year and had collected approximately 75% of the Local Services Tax in 2012. He went on to say that it is hard for the Borough to determine the precise amount paid to the tax collector by taxpayers. He said that the Borough does rely on its tax collectors to accurately report to the Borough the amounts of tax collected. Solicitor Eastman noted that based on a preliminary review of the matter by Borough staff the shortfall, if any, in Local Services Tax collected would be much closer to a $37,000.00 to $40,000.00 figure and not $118,000.00. Solicitor Eastman also explained that a Bond is not an insurance policy to cover shortfalls of projected revenues by the Borough, but rather only protects the Borough where taxes collected by the tax collector are not properly paid over by the tax collector to the Borough. Mr. Clark asked what the shortfall amount is to be in the bankruptcy matter. Solicitor Eastman responded that the legal matter was not a bankruptcy action but rather was a receivership and that the Borough had already received all payments (in excess of $14,000.00) from the receiver. Mr. Clark said he is not happy with the tax collectors and the Borough should review their records. Solicitor Eastman said the Borough had not completed its review of this matter yet.

Mr. Birkner said the solicitor has given an explanation and that the amount is not as much of a shortfall as the Borough had believed.

Steve Hemler said the records were destroyed from the receivership and the $118,000 shortfall is lost. Solicitor Eastman responded that the $118,000 amount was not a shortfall of Local Services Tax, but rather related to Earned Income Tax in order to calculate the Borough's prorata share of the remaining funds being paid out of the CENTAX tax collection accounts which had been turned over for distribution by the court-appointed receiver.

Steve Hemler asked why Flagger Force was paid $55,000 and the contract that was approved was for $25,000 for the July 4th events. Mr. Birkner said the former manager made that decision based on the best information she had at the time. 

Mayor Troxell announced that the Adams County Boroughs Association meeting is scheduled for Monday, November 18 at 6:15 at the Pike Restaurant. If anyone is interested in attending they should contact Sara.

Mr. Birkner announced that the joint meeting with the Borough and Cumberland Township regarding the police merger will likely be held the week of January 27. He noted there is support from the state for this type of cooperative initiative. 

Mr. Birkner reported a letter was received form Todd Mickley, President, Steinwehr Avenue BID asking Council to review the transient vendors' ordinance and to consider restricting vendors to specific locations. Mr. Mickley said such vendors were disruptive during the 150th events along Steinwehr Avenue. Mr. Butterfield said this will be on the agenda to discuss at the next ordinance committee meeting.

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

Moved Mr. Schindel, seconded Mrs. Naugle to adopt a resolution closing out the Community conservation partnerships Grant Project - BRC-JAG-16-59 for the Rec Park Master Site Plan. Motion carried unanimously.

Moved Mr. Schindel, seconded Mrs. Naugle to authorize the solicitor to prepare and advertise for enactment an ordinance levying an annual tax commencing in fiscal year 2014 for the purpose of making appropriations to the Gettysburg Fire Department, a volunteer fire company located within the Borough of Gettysburg, in support of its fire protection and fire fighting services and to authorize the advertisement of a notice of intention to enact an ordinance imposing the tax. Motion carried unanimously. 

Moved Mr. Schindel, seconded Mrs. Lewis to approve the transfer of $100,000 from the Capital Reserve Fund to the Capital Projects 2010 Account to offset costs for the renovation of the municipal building. Motion carried unanimously.

Moved Mr. Schindel, seconded Mr. Butterfield to retroactively approve the transfer of $300.000 from the General Fund to the Capital Reserve Fund for Borough expenses prior to the receipt of tax revenues and to approve the transfer of $300,000 back to the Capital Reserve Fund from the General Fund. Motion carried unanimously.

Moved Mr. Butterfield, seconded Ms. Brown to approve the contract change order for the 2013 Microsurfacing contract which changes the original contracted amount of $73,741.50 to an amount of $70,876.12. Motion carried unanimously.

Mr. Butterfield reported that the CVB is not providing portable potties for the November Remembrance Day events but that the NPS will be providing some in designated areas. He said that the Public Works Committee recommends the Borough not rent portable potties for this event. 

Mr. Butterfield presented handouts from the 150 Steering Committee for the upcoming Remembrance Day events. 

Mr. Butterfield reported he contacted the county office for an update on the Pillow Tax collected to date. That amount is $125,717.48 to date and that the budgeted amount for 2013 was $125,000.

Mrs. Naugle reported that the GMA Service Agreement probably won't be ready for approval until after the New Year.

Mrs. Naugle reported Council recommends moving forward with amending the GMA Board members from 5 to 7. The GMA Board will act on the Resolution at their meeting on Monday.

Mrs. Naugle reported on the scheduling of a hearing by the Susquehanna River Basin Commission to hear the application by GMA for an out-of-basin transfer of water from York Water Company. The public hearing is scheduled for November 13. The joint Comprehensive Plan Working Group will consider water as part of infrastructure issues.

Mrs. Naugle reported the Community Development Committee meeting is scheduled for Wednesday, November 20 at 3:00 p.m.

Moved Mrs. Naugle, seconded Ms. Brown to approve and authorize the issuance of Certificates of Appropriateness for Items A (34 North Forth Street) and B (340 Baltimore Street) as set forth in the minutes of the October 16, 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. Schindel to approve and authorize the issuance of Certificate of Appropriateness for 529 Baltimore Street as set forth in the minutes of the October 28, 2013 meeting of the Historic Architectural Review Board (HARB) consistent with the findings and recommendations of HARB as set forth therein. Motion carried unanimously.

Mrs. Naugle reported HABPI held a meeting today to close out its grant for the Gettysburg Master Plan. Federal funding for such alternate transportation programs has changed. The County Transportation Organization will no longer receive the funding. Applications will need to be made directly to the state. Scott Dellett reported that ACTPO no longer has control over this and that he is not sure how much money is in this funding source.

Mrs. Naugle reported the Borough Newsletters were mailed last week to residents.

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

Mr. Weaver reported that due to the government shut down there is nothing to report on the Train Station Bill.

Mr. Weaver reported the Main Street evaluation by the PA Downtown Center was very pleasing. The full report has not been presented yet.

Mr. Weaver reported the USS Gettysburg is still located in the Middle East. He noted they recently rescued a merchant type sailboat.

Moved Mr. Butterfield, seconded Ms. Brown to enact an ordinance amending Chapter 15, Part 10 of the Code of Ordinances for the purposes 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. Schindel, seconded Ms. Brown to accept the J. P. Harris Tax Exoneration report for tax year 2010 after removing Ayse Jester and Dustin Stenabaugh. Motion carried unanimously.

Chief Dougherty reported the KKK cancelled its event scheduled for Saturday, November 9th. 

Public Comment:

Steve Hemler said he was waiting for a response from last month's meeting from Council regarding CENTAX owing the Borough money. Solicitor Eastman responded this was answered with his public records request for information.

John Butterfield said he has researched CENTAX and that he would be happy to meet with Mr. Hemler to discuss the matter further.

The meeting was adjourned to an executive session at 8:15 p.m. The meeting reconvened at 8:40 p.m.

Moved Mr. Schindel, seconded Mr. Weaver to adopt a resolution authorizing the entry into the Agreement for the Sale of Real Estate with The Gettysburg Foundation and the execution of all settlement documents to include the deed of conveyance necessary to complete the transfer and sale of the Gettysburg Railroad Station property to The Gettysburg foundation for a purchase price of $500,000.00. Motion carried unanimously.

Mr. Birkner said Council reached a culmination of a long series of conversations and negotiation. He praised the Gettysburg Foundation for its vision and generosity in partnering with the National Park Service. This will be a good deal for Gettysburg as it will be promoted by the Park Service and will bring more visitors downtown. All Council members thought this was a fine end result. 

With no further business to come before Council, moved Mr. Schindel, seconded Mr. Butterfield the meeting was adjourned at 8:45 p.m.

Respectfully submitted,

Sara L. Stull, Borough Secretary