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, Mrs. Claire Lewis, Mr. Graham Weaver, Mr. Jacob Schindel, Ms. Rebecca Brown, Mr. Kyle Leinbach and Mr. Charles Teague. 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: Kevin Wilson, Bill Orth, Brian Weikert and Thomas Knaper representing Gettysburg Police Officers; Fred Wilson, Giz Garcia Jr., Brad Hockenberry, Glen Leas, Martin Parson, Glenn Hopple, Ron Arrington, Jr., and Jason Kraft all representing Teamsters Local 776; Randy Heflin and Edith Smith, Teamsters 776 Stewards; Darlene Brown, PICPI-ACHA; Stephanie McIlwee, Elm Street Manager, PICPI; Robin Fitzpatrick, ACIDA; Judi Marti, Adams County Arts Council; Betty Myers, 408 Long Lane; Judie Butterfield, 999 Sunset Avenue; Nancy Lare-Knaper 81 Fidler Drive, New Oxford; Steve Hemler, 535 York Street; Stan Clark, 915 Fairview Avenue; Jean Green, 2636 Emmitsburg Road; John Randolph, Ingerman, 725 Cutbert Blvd, Cherry Hill, NJ; Ophelia Chambliss, 880 Edmund Avenue, York; Karen Heflin, Thomas Drive; and David and Lee Weaver, 42 Laura Lane. 

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

President Butterfield announced that the Gettysburg Borough Council conducted an executive session immediately prior to the adjournment of its regular meeting held on June 11, 2012 consistent with Section 708(a)(2) of the Sunshine Act. The Borough Council will conduct an executive session immediately prior to the adjournment of this meeting with Sections 708(a)(1) and 708(a)(2) of the Sunshine Act for the purposes of reviewing information and discussing matters involving the employment of Borough employees and receiving information related to the Act 111 interest arbitration and negotiation of a collective bargaining agreement with the Teamsters Local No. 776 and related to a pending grievance filed by the Teamsters as the representatives of the Borough police officers.

The agenda was approved as presented. 

With no changes to the June 11, 2012 minutes, they were accepted as written.

Special presentation:

Lee Weaver – recognition for volunteer work

Mayor Troxell presented a Proclamation to Lee Weaver for her volunteer work with the planning Department. She has worked for the past two years organizing the property files and continues to maintain them.

Judi Marti – Adams County Arts Council

Judi Marti gave a brief overview of the proposed public art project for the Rec Park. The location for the placement of artwork is at the corner of Breckenridge Street and Long Lane. She introduced the artist Ophelia Chambliss, and pointed out that she would work with the people in the neighborhood gathering information regarding the history, Civil War Period etc. to produce the artwork. 

Graham Weaver asked if a draft picture has been prepared yet. Ms. Marti responded no. Chuck Teague asked that they make sure it fits with the Boroughs Comprehensive Plan. Ms. Marti responded she has spoken with HARB, NPS and other entities and they approved the plan.

Susan Naugle noted that Jim Sauers, Consultant, J T Sauers & Associates said it would fit nicely with the Rec Park Master Plan.

Public Comment:

Judie Butterfield thanked Judi Marti and Ophelia Chambliss for the art presentation. She supports the public arts project and feels it will be nice artwork for the Recreation Park.

John Butterfield presented Council with booklets from Journey through Hallowed Ground for their information. 

Moved Mrs. Naugle, seconded Mr. Schindel to appoint Carlos Wampler, Director of Athletics, Gettysburg Area School District to replace Chris Hastings to the Recreation Board. His term will expire on October 31, 2016. Motion carried unanimously.

Mrs. Naugle gave a brief update regarding the Rec Park Master Plan. She reported Jim Sauers spoke with kids playing on the basketball courts to get their thoughts on the Rec Park. Mrs. Naugle also said Mr. Sauers received a good response from the website survey and that it should be ready to come before Council in August. 

Mrs. Naugle reported HABPI is completing an application for the South Mountain Partnership Grant. She asked Council to consider a donation of $500.00 or provide in- kind labor which must be included on the application. The deadline to submit the application is July 31st. 

Mr. Butterfield asked Manager Ford what her recommendation would be. Manager Ford responded since this wasn’t budgeted for it would need to come from the reserve account. She recommended providing 10 hours of in-kind service because the borough would need to provide help with this project.

Moved Mrs. Naugle, seconded Mr. Birkner at the discretion of the Borough Manager, partner with HABPI to provide in-kind labor in the amount of 10 hours in support of HABPI’s application for a grant from the South Mountain Partnership. Motion carried unanimously.

Mrs. Lewis reported the next College Community Committee meeting is scheduled for September.

Mr. Weaver reported Governor Corbett is scheduled to sign the Adams County Lodging Bill “Pillow Tax” on July 12th. Hotel guest will pay a five-percent lodging fee, up two percent from when it was adopted in 2002.

Mr. Weaver reported the Train Station Bill is still awaiting committee action.

Mr. Weaver reported the USS Gettysburg crew plan another visit and that he would keep Council abreast as information becomes available.

Moved Ms. Brown, seconded Mr. Leinbach to approve the site for the Adams County Arts Council’s public arts project. Motion carried unanimously. 

Moved Ms. Brown, seconded Ms. Lewis to approve and authorize the issuance of Certificates of Appropriateness for item B (234 Baltimore Street), Item C (243 York Street), Item D (337 Carlisle Street), Item E (44 Chambersburg Street), Item F (55 South Street), Item G (32 Barlow Street) and Item H (108 North Stratton Street), as set forth in the minutes of the June 20, 2012 meeting of the Historic Architectural Review Board (“HARB”) consistent with the findings and recommendations of HARB as set forth therein. Motion carried unanimously.

Moved Ms. Brown, seconded Ms. Lewis to authorize the Borough Planning Director and Borough Solicitor to prepare a zoning map amendment for certain properties in the Borough’s HC Health Care Zoning District and a zoning text amendment to the Borough’s HC Health Care Zoning District pursuant to Planning Commission recommendations. Motion carried unanimously.

Moved Mr. Leinbach, seconded Mr. Schindel to prepare an amendment to add restaurants as permitted by special exception in the text amendment recommended by the Planning Commission. A roll call vote was taken. YEA: Mr. Teague, Mr. Leinbach, Ms. Brown, Ms. Lewis, Ms. Naugle, Mr. Butterfield, Mr. Birkner and Mr. Schindel. NAY: Mr. Weaver. The vote passed 8-1.

Ms. Lewis asked if this means it would go back to the Planning Commission. Solicitor Eastman said it would go back to Council to review the draft. Mr. Birkner asked if restaurants were brought up at the Planning Commission. Mr. Dellett responded the Planning Commission considered but that they did not recommend restaurants.

Mr. Leinbach said he is dissatisfied with the flaws in the Planning Commission decision. He said they need to take a closer look at the issue. Mr. Teague asked if this would delay the Schultz’ business plans longer. Mr. Leinbach noted it has already been six months. Mr. Dellett said it would depend on how much deliberation Council would need to take.

Mr. Weaver said he has qualms about this noting his constituents are concerned with the noise in the neighborhood that this business would bring.

Moved Ms. Brown, seconded Ms. Lewis to authorize the Borough Planning Department to draft a zoning text amendment to Part 13, Section 1301.2 of the Borough Zoning Ordinance and forward the draft zoning text amendment to the Planning Commission for its recommendation. Motion carried unanimously.

Mr. Schindel reported the Finance Committee changed its meeting to the 3rd Monday at 2:00 beginning July 16th.

Mr. Schindel reported Jerry Cross, PA Economy League would be attending the next Finance Committee meeting. Also, Manager Ford and Ms. Overton will present a fund balance policy.

Manager Ford and Ms. Overton gave a brief summary of the proposed fund balance policy regarding designated reserves. The policy would address a stabilization reserve, a capital reserve and an equipment replacement reserve. If Council opts to proceed in this direction the process would begin with next year’s budget preparation.

Mr. Butterfield announced Council agreed to have the finance department proceed with the fund balance process.

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

Moved Mr. Schindel, seconded Mr. Weaver to authorize COLA increase for retired police pensioner Walter Gliem to be paid from the Police Pension fund effective June 1, 2012. Motion carried unanimously.

Moved Mr. Schindel, seconded Mr. Birkner to approve the Recreation Park fees as presented by the Recreation Board. Motion carried unanimously.

Moved Mr. Schindel, seconded Mr. Teague to terminate the contract with CENTAX to collect the Borough’s Local Services Tax for 2013. Motion carried unanimously.

Ms. Naugle asked when the financial report from the last Finance Committee meeting would be complete. Ms. Overton responded she inadvertently had the wrong date that the correct one is included in the Council books.

Mr. Teague said it would be helpful if Council could receive the department’s reports prior to the Council meeting to enable them time to review.

Solicitor Eastman reported the Transient Retail Business Permit Ordinance is on hold to give him and the Borough Manager time to review provisions.

Moved Mr. Birkner, seconded Mr. Schindel to authorize the Borough Manager to execute an agreement with Conewago Contractors as the lowest responsible bidder for Middle Street Streetscape Project after concurrence to award is received from Pennsylvania Department of Transportation. Motion carried unanimously.

Moved Mr. Birkner, seconded Ms. Lewis to release the remaining financial security by $21,120.00 and to approve the amount of $3,319.95 for structural integrity of dedicated improvements, in a form authorized by the Pennsylvania Municipalities Planning Code, for the Land Development of the Federal Pointe Inn at Gettysburg, as recommended in the Borough Engineer’s letter dated June 28, 2012. Motion carried unanimously.

Moved Mr. Birkner, seconded Ms. Lewis to release the remaining financial security by $54,877.90 and to approve the amount of $2,366.85 for structural integrity of dedicated improvements, in a form authorized by the Pennsylvania Municipalities Planning Code, for the Land Development of the Transit Authority’s Bus Transfer Center, as recommended in the Borough Engineer’s letter dated June 28, 2012. Motion carried unanimously.

Moved Mr. Birkner, seconded Ms. Lewis to approve the financial security in connection with the Gettysburg Middle School Preliminary/Final Land Development plan in the amount of $5,098,600.65 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 Stormwater Management Practices, Facilities and Systems Maintenance and Monitoring Agreement with Daniel Knudsen for 227 North Washington Street. Motion carried unanimously.

Manager Ford reported the Gettysburg Fire Department is currently updating the Box Alarm Card information for the new dispatch system. The form should be signed and returned to the Fire Chief. Manager Ford pointed out this is done periodically for all municipalities within the fire district. Council authorized the Manager to proceed with completion of the form.

Moved Mr. Schindel, seconded Mr. Weaver to accept the J. P. Harris Tax Exonerations for tax years 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010 and 2011 as presented. Motion carried unanimously.

Public Comment:

Fred Wilson, President, Teamster Union Local 776 addressed Council with his concerns regarding back pay for the police officers. He pointed out Council is spending money elsewhere and not paying the officers the raises they deserve.

Steve Hemler, 535 York Street, said taxes are high enough and that Council should settle the arbitration. He is concerned with the $25,000 Council already spent on fees and pointed out a lawsuit to appeal the police arbitration could cost tax payers over $150,000. Mr. Hemler said he owns a business in town and that it is getting more difficult to afford due to tax increases. He feels Council should focus on other areas like streets and alleys that need work and not appeal the police arbitration.

Mr. Leinbach pointed out that all Council members didn’t vote for the appeal.

Stan Clark, 915 Fairview Avenue, said he is not a supporter of unions but he does support the police department. He feels Gettysburg is a safe town. Mr. Clark asked Council to honor the arbitration agreement and not appeal it. He pointed out the only people benefiting from this are the attorneys involved. The police work hard and he supports their efforts.

Mr. Butterfield said Council appreciates all that the police officers do for the borough. Solicitor Eastman pointed out arbitration is mandated by law and not Council.

Betty Myers, 408 Long Lane, expressed her concern with “spot zoning” in the Health Care District. She asked if this HC amendment was only to accommodate the Shultz’s project or all properties within the district. Mrs. Myers said she is limited to what she can do with her property since she is in the medical district.

Mr. Dellett responded if the new text is included as recommended it would include her property. Ms. Naugle said it would include single family residents which should include Mrs. Myers’s property.

Solicitor Eastman pointed out “spot zoning” is illegal and that this is not what is proposed tonight. He clarified that the motion tonight is to start the process to draft amendments to the ordinance.

Ms. Overton reported the “Plant a Tree” program for the Recreation Park has received 6 donations totaling $850.00 to date.

Council adjourned at 8:40 pm to conduct an executive session.

Council reconvened at 10:25 pm. 

Mr. Butterfield read a prepared statement announcing his resignation as Council President effective immediately.

Moved Mr. Leinbach, seconded Ms. Lewis to accept Mr. Butterfield’s resignation as Council President. A roll call vote was taken. YEA: Mr. Teague, Mr. Leinbach, Ms. Brown, Ms. Lewis, Mr. Birkner and Mr. Schindel. NAY: Ms. Naugle and Mr. Weaver. Mr. Butterfield abstained. The vote passed 6-2 with 1 abstention.

Ms. Naugle read a prepared statement announcing her resignation as Council Vice President effective immediately. 

Moved Ms. Lewis, seconded Ms. Brown to accept Ms. Naugle’s resignation a Council Vice President. A roll call vote was taken. YEA: Mr. Teague, Mr. Leinbach, Ms. Brown, Ms. Lewis, Mr. Birkner and Mr. Schindel. NAY: Mr. Butterfield and Mr. Weaver. Ms. Naugle abstained. The vote passed 6-2 with 1 abstention.

At this time Mr. Butterfield and Ms. Naugle excused themselves from the remainder of the meeting.

Moved Mr. Schindel, seconded Mr. Teague to have Mayor Troxell take the gavel and proceed with the meeting. Motion carried unanimously.

Mayor Troxell at this time asked to entertain a motion for Council President and Vice President.

Moved Mr. Leinbach, seconded Mr. Schindel to nominate Michael Birkner as Council President. A roll call vote was taken. YEA: Mr. Teague, Mr. Leinbach, Ms. Brown, Ms. Lewis, Mr. Weaver and Mr. Schindel. Mr. Birkner abstained. The vote passed 6-0 with 1 abstention.

Moved Mr. Leinbach, seconded Ms. Lewis to nominate Jacob Schindel as Council Vice President. A roll call vote was taken. YEA: Mr. Teague, Mr. Leinbach, Ms. Brown, Ms. Lewis, Mr. Birkner and Mr. Weaver. Mr. Schindel abstained. The vote passed 6-0 with 1 abstention.

At this time Mr. Birkner assumed the Council President’s chair. He said it is an honor and that he humbly accepts this position. Mr. Birkner explained the change in leadership was due to differences of perception about the proper role of Council members in the fulfillment of their duties. Mr. Birkner noted that we have committed and hard working Council members and staff. We want to work together in the best interest of the borough. 

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