Council Meeting

President John Butterfield called the meeting to order at 7:00 PM with the following Councilors present: Mrs. Susan Naugle, Mr. Michael Birkner, Mr. Graham Weaver, Mr. Jacob Schindel, Ms. Rebecca Brown, Mr. Kyle Leinbach and Mr. Charles Teague. Mrs. Claire Lewis was absent. Staff present included Mayor William Troxell, Manager Florence Ford, Borough Secretary Sara Stull, Solicitor Harold Eastman, 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: Bernie Yannetti, Hartman & Yannetti, 126 Baltimore Street; Daniel Knudsen, owner 227 North Washington Street; Maureen Walker, McDonald's USA, 801 Lakeview Drive, Blue Bell, PA; and Charles Suhr, Stevens & Lee, 17 N 2nd Street, Harrisburg. 

Representing the press were Mark Walters of the Gettysburg Times, and Tim Prudente representing the Evening Sun

President Butterfield announced an executive session of the Gettysburg Borough Council was conducted immediately prior to the adjournment of its regular meeting held on May 14, 2012 consistent with Section 708(a)(1) 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) of the Sunshine Act for the purpose of receiving information and discussing strategy related to the arbitration of a collective bargaining agreement with the Gettysburg Borough Police Officers Union, Teamsters Local 776.

The agenda was approved as presented. 

The minutes of the May 14, 2012 Public Hearing and May 14, 2012 Borough Council meeting were approved as written. 

Public Comment:

Gerry Michaels, rental property owner; expressed his concerns that dealing with the Code Enforcement Officer has been a nightmare. He has been renovating his property on Breckenridge Street and said he feels that he has been continually harassed by the Code Enforcement Officer for minor issues. Mr. Michaels said he not only received notices but also citations. He told Council he would meet with them privately to discuss further. Mr. Michaels also commented that Mr. Gettel no longer has an office at the Borough and there is no way to contact him. He said the Magistrates office told him it is not acceptable to leave a message on the phone. 

Mr. Birkner said Council would need more specifics with exactly what these problems are and suggests he meet with them to discuss. He said in his experience he has always known Mr. Gettel to work with the property owners. Mr. Gettel has always emphasized that going to a summons is not his first order of business but working amicably with property owners. Mr. Birkner said as the Public Works Chair he has never heard any of these issues concerning Mr. Gettel that have been brought up tonight. Mr. Birkner also pointed out it is not necessary for Mr. Gettel to have an office at the Borough because this individual is to be out in the field. 

Manager Ford said Mr. Gettel does meet citizens at the Borough for appointments and also retrieves his messages. Mr. Butterfield commented he has seen Mr. Gettel at the Borough office meeting with people. Manager Ford pointed out Mr. Gettel can retrieve his phone calls and emails offsite while working in the field. Mr. Birkner and Manager Ford will schedule a time to meet with Mr. Michaels to discuss these issues.

Mr. Butterfield gave a brief update on the 150th Anniversary. A synopsis of the planning schedule is included in the Council books.

Mr. Butterfield reported he sent response letters to Cumberland and Straban Townships in regards to their request for representation on the Gettysburg Municipal Authority Board. A letter was also sent to the Gettysburg Municipal Authority Board regarding this request and asked for their assessment.

Mr. Birkner asked if the solicitor should attend the GMA Board meeting or the Public Works Committee to answer any questions. Mr. Butterfield responded we should await a response from GMA to determine the next step. 

Ms. Naugle reported the Gettysburg Inner Loop had a very productive meeting on June 6th. She noted Mike Piaskowski, DCNR and staff recently explored several areas to include Gettysburg. They looked at the Inner Loop during their visit offering suggestions. A member from DCED also offered information and advice in completing the grant application due in January 2013.

Ms. Naugle reported the Recreation Board adopted rules and regulations for the Rec Park. They also adopted a fee schedule to be introduced to the next Finance Committee meeting and then forwarded to Council for approval. The next meeting is scheduled for June 20th at 4:00 p.m. 

Ms. Naugle announced a public hearing is scheduled for June 19th at 6:00 p.m Jim Sauers, consultant will be present to answer any questions regarding the master plan. This is a critical meeting for people to attend.

Ms. Naugle reported the Borough Newsletter was printed today and will be mailed out tomorrow. She asked for any volunteers to help with the mailing. Ms. Naugle said there may not be funding for a 3rd newsletter so she and Judie Butterfield are discussing adding items to the Borough website.

Ms. Naugle presented Council with a copy of an article that appeared in the Merchandiser. She said the Merchandiser had sent staff to help with the Ground up Program when Sam Mudd spear headed this program. They have contacted her to offer assistance again now that the borough has reinstituted this program.

Moved Mr. Birkner, seconded Mr. Weaver to adopt a resolution approving and adopting the Emergency Operations Plan for Gettysburg Borough. Motion carried unanimously.

Ms. Naugle asked who the Emergency Management Coordinator is for the borough. She also asked if Council would be notified of an emergency. Manager Ford responded Dave Sanders is the director and would notify everyone involved. He works very closely with the police and fire department.

Moved Mr. Birkner, seconded Ms. Brown to award Contract #1 to Kinsley Construction in the amount of $240,258.00 and Contract #2 to Washington & Dowling in the amount of $16,600.00 as the lowest, responsive bidders for the Howard Avenue Street Improvements project. Motion carried unanimously.

Mr. Weaver reported the USS Gettysburg visit went very well. The crew enjoyed various tours throughout town. Another visit is planned for Remembrance Day weekend.

Mr. Weaver reported there is nothing new to report regarding the pillow tax bill and train station bill. He said there has been no action on these in the passed thirty days.

Mr. Weaver addressed the police arbitration and reported that in 1987 the PA Legislature passed the Municipalities Financial Recovery Act known as ACT 47. This is designed to provide relief for troubled municipalities who are having financial difficulties due to the impact of collective bargaining agreements and settlements. Mr. Weaver pointed out recently a case in Scranton found in favor of the union because ACT 47 did not apply to arbitration awards but did apply to collective bargaining agreements. Mr. Weaver said Senate Bill 1321 was introduced to legislature recently to address this problem and it will take into consideration of expanding the scope of ACT 47. He said arbitration reform is overdue and should be reviewed. 

Mr. Teague noted the community town meetings that were reported in the Main Street report to share information about the upcoming 150th events. He asked if this would be included on the Community Development Committee agenda. Mr. Teague feels it's important to have citizens involved and hear their comments. Ms. Brown responded she believes Council is just advising and would not be conducting the meetings. Mr. Butterfield said he would speak to Deb Adamik to see what the plan is and invite her to address Council.

Ms. Brown reported the Community Development Committee discussed Facebook and Social Media. She reported Manager Ford is gathering information and will report her findings. Manager Ford said she and Mr. Leinbach have been working closely together and reviewing information from other areas. Manager Ford was instructed to continue reviewing and to prepare a draft policy and procedure plan for the borough.

Mr. Weaver pointed out the borough has a website to inform residents of borough information so why is this needed. Mr. Leinbach said it is to get more interacting that the website can't do. He noted examples would be that social media would allow for constituent feedback and donations such as the Rec Park tree program. 

Moved Ms. Brown, seconded Mr. Birkner to set and authorize the advertisement of a public meeting of the Borough Council to be held on June 19, 2012 commencing at 4:00 p.m. for the purpose of conducting a work session in order to review the Gettysburg Borough Planning Commission's recommendations for zoning map and zoning text amendments relative to the Borough's HC Health Care Zoning District. Motion carried unanimously. 

Moved Ms. Brown, seconded Ms. Naugle to approve and authorize the issuance of Certificates of Appropriateness for Item A (233 North Stratton Street), Item B (302 South Washington Street), Item C (McDonald's USA, LLC, 517 Steinwehr Avenue) and Item D (227 N. Washington Street front historic portion of building only) as set forth in the minutes of the May16, 2012 meeting of the historic Architectural Review Board consistent with the findings and recommendations of HARB as set forth therein. Motion carried unanimously.

Moved Ms. Brown, seconded Mr. Teague to approve and authorize the issuance of a Certificate of Appropriateness for 227 N. Washington Street(new rear addition to the building only) as set forth in the minutes of the June7, 2013 continued meeting of the Historic Architectural Review Board consistent with the findings and recommendations of HARB as set forth therein. YEA: Ms. Naugle, Mr. Weaver, Mr. Schindel, Ms. Brown, Mr. Leinbach, Mr. Teague. NAY: Mr. Butterfield and Mr. Birkner. The vote passed 6-2.

Mr. Birkner addressed his concerns pointing out the building plans that now have vastly expanded the scope of the building and is out of keeping with the neighboring properties. He said he shares Mrs. Gustafson's view that this building is now to large for the area and will vote no.

Solicitor Eastman provided Council with handouts summarizing the rules of the Historic District Ordinance and the procedures of the Borough Council concerning applications for Certificates of Appropriateness. He explained Council approves the recommendations of HARB noting Council can deny the issuance of a Certificate of Appropriateness but must provide in writing the disapproval to HARB, the owner and also the PA Historical and Museum Commission. 

After a brief discussion Council asked in light of the numerous missteps with this project; who would be following up and review to make sure the plans and building process are correct. Manager Ford responded CCIS would be inspecting the building to make certain they are following the approved plans.

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

Mr. Weaver said he is not sold on the purchase of handhelds for the parking enforcement because the Borough may need funds for other upcoming issues. Mr. Weaver asked how many handhelds the Borough currently has. Ms. Overton responded 3 but 1 is broken. Ms. Naugle asked if the 2 can be used. Ms. Overton responded no not effectively. Ms. Naugle asked if there is an agreement with the new handhelds. Ms. Overton said they do offer a maintenance agreement. Mr. Weaver asked the cost for this. Ms. Overton said $13,000 was budgeted. Mr. Teague pointed out the budget says the reserve is to be used for emergency and doesn't feel this is considered an emergency. Mr. Teague also asked about using funds from the police department. Chief Dougherty responded those funds are to be used for law enforcement and not parking. He pointed out the 2 new police cars will be arriving soon and will need to have the police package added to include lights, computers etc. Chief Dougherty said the fund balance will be approximately $8,000 after those expenses.

Ms. Naugle called the question to vote on the motion as read for the purchase of handhelds. All members were in favor.

Moved Mr. Schindel, seconded Mr. Birkner to adopt a resolution authorizing the finance Director to transfer $16,000.00 from the Capital Reserve Fund to the 2012 General Fund to purchase handhelds for parking enforcement. YEA: Mr. Birkner, Mr. Leinbach, Ms. Brown, Ms. Naugle, Mr. Butterfield and Mr. Schindel. NAY: Mr. Weaver and Mr. Teague. The motion passed 6-2.

Moved Mr. Birkner, seconded Mr. Schindel to reduce the public improvements financial security by the amount of $132,495.55 leaving financial security in the amount of $21,120.00 for the Federal Pointe Inn at Gettysburg Land Development, as recommended by the Borough engineer. Motion carried unanimously.

Moved Mr. Birkner, seconded Ms. Naugle to release the public improvement financial security in the amount of $26,606.25 for the H & O Realty Partnership Parking Lot, as recommended by the Borough Engineer subject to letter of June 6, 2012. Motion carried unanimously. 

Moved Mr. Birkner, seconded Ms. Brown to approve the financial security in connection with the Preliminary/Final Land Development Plan of McDonald's Restaurant No. 37-0193 in the amount of $234,982.83 consistent with the certification letter by the Borough Engineer. Motion carried unanimously.

Moved Mr. Birkner, seconded Mr. Schindel authorizing the Borough of Gettysburg to execute and deliver a Development Agreement and Stormwater management Practices, Facilities and System maintenance and monitoring Agreement with McDonald's USA, LLC in connection with the Preliminary/Final Land Development Plan of McDonald's Restaurant No. 37-0193. Motion carried unanimously.

Moved Mr. Birkner, seconded Mr. Schindel to approve the financial security in connection with the Final Land Development Plan for the Western Gateway Project in the amount of $565,893.35 consistent with the certification letter by the Borough Engineer. Motion carried unanimously. 

Moved Mr. Birkner, seconded Ms. Naugle authorizing the Borough of Gettysburg to execute and deliver a Development Agreement and Stormwater Management Practices, Facilities and System Maintenance and Monitoring Agreement with the Lutheran Theological Seminary of Gettysburg in connection with the Final Land Development Plan for the Western Gateway Project. Motion carried unanimously.

Manager Ford reported the USS Eisenhower Crew painted at the Rec Park during their visit recently. Mr. Butterfield will send a thank you to them.

Mr. Butterfield asked if there were any issues at the parking garage over the weekend during the Gettysburg Festival events. He also asked if the chaser tickets are being used. Ms. Overton reported she didn't know of any problems that occurred. She said the chaser tickets have not arrived yet.

Mr. Butterfield asked where all the USS Gettysburg room artifacts are located. He said a member was concerned because all items weren't back in the room after the Borough renovations. Manager Ford said it is still a work in progress noting a display case has been added to the room. She said as time permits the work will continue.

Moved Mr. Birkner, seconded Mr. Weaver to accept the J. P. Harris tax exoneration report as presented. Motion carried unanimously.

Council adjourned at 9:00 p.m. to an executive session.

Moved Mr. Birkner, seconded Mr. Weaver to authorize the Borough of Gettysburg, by and through its labor counsel, Campbell Durrant Beatty Palombo & Miller, P.C., to file an appeal of the Act 111 Interest Arbitration Award entered on may 23, 2012 relative to the Borough's collective bargaining agreement with the bargaining unit for the Gettysburg Borough police officers, Teamsters Union Local 776. YEA: Mr. Weaver, Mr. Birkner, Mr. Butterfield, Ms. Brown and Mr. Teague. NAY: Mr. Schindel, Ms. Naugle and Mr. Leinbach. Motion passed 5-3.

With no further business to come before council moved Mr. Leinbach, seconded Mr. Teague to adjourn the meeting at 10:10 pm.

Respectfully submitted,

Sara L. Stull

Borough Secretary