Council Meeting

President Michael Birkner called the meeting to order at 7:00 PM with the following Councilors present: Mr. Jacob Schindel, Vice President; Mr. John Butterfield, Mrs. Susan Naugle, Mr. Graham Weaver, 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: Darlene Brown, PICPI-ACHA; Kerry Moyer and Teran Moyer, Civic Research Alliance; Carol Metsger and Max Felty representing Gettysburg Tours; Judy Pyle, 302 Baltimore Street; Jennifer Phillips, 261 Baltimore Street; Steve Hemler, 535 York Street; Stan Clark, 915 Fairview Avenue; Edward (Ted) McPherson, 250 Carlisle Street; Mike Kress, 137 South Washington Street and Gerry Michaels, Cashtown.

Representing the press were Mark Walters of the Gettysburg Times, and Amy Stansbury representing the Evening Sun.

President Birkner opened the meeting and extended his thanks to Councilman Butterfield for all his work and expects his contribution to Council will continue. Mr. Birkner also thanked Councilman Schindel for taking on the responsibility of Vice President. Mr. Birkner looks forward to working with him.

President Birkner announced that the Gettysburg Borough Council conducted an 
executive session immediately prior to the adjournment of its regular meeting held on July 9, 2012 consistent with Sections 708(a)(1) and 708(a)(2) of the Sunshine Act. The Borough Council will conduct an executive session immediately following the adjournment of this meeting consistent with Section 708(a)(2) of the Sunshine Act for the purpose of receiving information 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.

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

Moved Mr. Schindel, seconded Ms. Brown to approve the July 9, 2012 minutes, as written. Motion carried unanimously.

Special presentation:

Manager Ford noted that Mr. Moyer will present highlights of the financial draft at tonight’s meeting. A special meeting will be scheduled in the future to allow for further discussion. 

Kerry Moyer, Director of Research and President; and Teran Moyer both with The Civic Research Alliance presented Council with a 5-year strategic and financial Plan.
They gave a brief overview of the draft financial study noting demographics, population and economic development.

Mr. Weaver suggests a glossary be added to the final document to explain certain items such as the description of household and family members. 

Mr. Teague noted that with state mandates the borough is restrained and asked if this should be addressed with state legislators for any help. Mr. Moyer responded this wasn’t addressed in the report but suggested the borough seek help through the Boroughs Association and Legislation.

Mr. Birkner asked why everyone was lumped together for population totals; borough residents, college and seminary. Mr. Birkner noted that college and seminary students are not permanent residents and also tend to skew any demographic analysis. Mr. Moyer responded he doesn’t have the necessary computer software to separate these items. He said he would try to sort out the information using different equipment.

Public Comment:

Gerry Michaels addressed Council regarding issues and citations he received from the Code Enforcement Officer. Mr. Birkner suggests he and Manager Ford meet with Mr. Michaels to discuss.

Judy Pyle addressed Council concerning an incident that occurred near her residence on Baltimore Street across from Breckenridge Street. She heard three gun shots and feels the police need to do more about these incidents. Mrs. Pyle spoke with Stephanie McIlwee, Elm Street Manager and suggested holding a block party in the neighborhood. 

Chief Dougherty responded an officer has been assigned foot patrol and driving from 10:00 pm to 7:00 am in particular areas to include Breckenridge Street, Long Lane, Franklin Street etc. They would remain in designated area unless they are needed to assist an officer in another area. Chief Dougherty also said he is reviewing the possibility of surveillance cameras in certain areas.

Judy Pyle and Gerry Michaels both offered their property for surveillance cameras if needed. Chief Dougherty said he would be in contact with them to discuss further.

Mayor Troxell announced the Adams County Boroughs Association scheduled a special meeting on August 20th to review the updates to the new Borough Code. They will conduct two ninety minute sessions at 2:00 pm and 6:00 pm to be held at the Pike Restaurant.

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

Ms. Naugle asked about the energy grant noting it was closed and transferred to the maintenance reserve. She asked what it was used for. Ms. Overton answered the money was spent on the building renovations. 

Mr. Butterfield asked the status of the Gettysburg Municipal Authority Board expansion. Manager Ford responded this was discussed at the GMA Board meeting but she hasn’t received any determination at this time. Ms. Naugle noted she was at the recent meeting and this item wasn’t discussed. Solicitor Eastman said he hasn’t received anything regarding the GMA appointments. He pointed out Council makes these appointments in January and that someone from Cumberland or Straban Townships could be appointed at that time.

Mr. Butterfield noted the website is currently not being managed. Manager Ford said she is aware of the issue and is discussing options.

Moved Ms. Naugle, seconded Mr. Leinbach to reappoint Dale Gettel to the Historical Architectural Review Board (HARB) for a five-year term expiring in 2017. Yea: Mr. Teague, Ms. Brown, Mr. Schindel, Mr. Birkner, Mr. Butterfield, Mr. Weaver and Ms. Naugle. Nay: Mr. Leinbach.

Moved Ms. Naugle, seconded Mr. Butterfield to reappoint Colleen Lingle to the Historical Architectural Review Board (HARB) for a five-year term expiring in 2017. Motion carried unanimously.

Ms. Naugle reported HABPI submitted a mini grant application to the South Mountain Partnership. The grant would pay for a study and design work for the Gettysburg Inner Loop. 

Ms. Naugle reported the Rec Board is currently reviewing how concessions should be handled during events at the Rec Park. 

Ms. Naugle announced the ground breaking ceremony is scheduled for August 20th at 10:30 am for the “kickoff” for the Biser Fitness Trail project. The project is scheduled to begin after Labor Day.

Mr. Birkner reported the College Community Committee meeting is scheduled for September 26th at 5:00pm.

Mr. Weaver announced the Commanding Officer and the Command Master Chief of the USS Gettysburg were recently in Gettysburg.

Mr. Weaver reported the Energy and Natural Resource Committee, regarding the expansion of the Nation Park Service, H. R. 1335 is awaiting consideration by the full house. The Senate Natural Resource Committee has held hearings but won’t meet again until September when Congress returns.

Mr. Weaver reported the Pillow Tax Bill was signed and will now wait to see how it would be implemented; possibly in November.

Moved Ms. Brown, seconded Mr. Leinbach to approve and authorize the issuance of a Certificate of Appropriateness for Item B (82 Steinwehr Avenue), as set forth in the minutes of the July 18, 2012 meeting of the Historical Architectural Review Board (HARB) consistent with the findings and recommendations of HARB as set forth therein. Motion carried unanimously.

Moved Mr. Teague, seconded Ms. Naugle to adopt a resolution of the Borough Council, of the Borough of Gettysburg, establishing that the Borough Manager has the authority to sign on behalf of the Borough of Gettysburg, the Memorandum of Agreement between the United States Department of Transportation, acting through the Federal Highway Administration and the Borough of Gettysburg, Adams County, Pennsylvania for Design and Construction of Steinwehr Avenue Corridor Transportation and Safety Improvements per Agreement No. DTFH71-12-X-50012. Motion carried unanimously.

Moved Mr. Teague, seconded Ms. Brown to adopt a resolution of the Borough Council, of the Borough of Gettysburg, establishing that the Borough Manager has the authority to sign on behalf of the Borough of Gettysburg, the Amendment Letter between the Commonwealth of Pennsylvania, acting through the PENNDOT and the Borough of Gettysburg , Adams County, Pennsylvania for the West Middle Street Transportation Enhancement Program Letter of Amendment to Federal-Aid Reimbursement. Motion carried unanimously.

Moved Mr. Teague, seconded Mr. Schindel to adopt a resolution to disconnect and remove two Metropolitan Edison street lights on wood poles 14689-18022 and 14698-18024 on Lefever Street. Motion carried unanimously.

Moved Mr. Teague, seconded Mr. Schindel to adopt a resolution to disconnect and remove four Metropolitan Edison street lights on wood poles 14525-17848, 14533-17862, 14546-17886 and 14554-17900 at 129, 95, 59 and 41 Steinwehr Avenue. Motion carried unanimously.

Solicitor Eastman reported the Stormwater Management Ordinance has been reviewed at the Solicitors’ meeting and continues to move forward.

Chad Clabaugh, Borough Engineer reported the West Middle Street project should take approximately two months to complete with work scheduled to begin August 8th . He reported the Howard Avenue project has been going well. Mr. Clabaugh reported the microsurfacing project came in under budget.

Mr. Weaver asked if the life of the streets can be extended with microsurfacing. Mr. Clabaugh responded yes and the costs are much less.

Mr. Birkner asked if West Middle Street would close during construction. Mr. Clabaugh said the street would remain open one-way at all times. Manager Ford noted door hangers will be placed to give citizens notice of the upcoming street project.

Moved Mr. Teague, seconded Ms. Brown authorizing the Borough of Gettysburg to execute and deliver a Development Agreement and a Stormwater Management Practices, Facilities, and systems Maintenance and Monitoring Agreement with the Gettysburg Area School District in connection with the Gettysburg Middle School Preliminary/Final Land Development plan. Motion carried unanimously.

Moved Mr. Schindel, seconded Ms. Brown to accept the J. P. Harris Tax Exoneration report as presented. Motion carried unanimously.

Chief Dougherty reported the two new police cars are now in service.

Public Comment:

Darlene Brown, PICPI, reported the Fahnestock House renovations will begin on September 4th and would take eight months to complete. She noted the sidewalks would also be replaced at this time. Ms. Brown also reported PICPI has foreclosure funds available if anyone knows of anyone that may need help should contact her.

Ms. Brown announced the Adams County Arts Council through the Elm Street Program has won a state award through the Pennsylvania Downtown. The award will be presented in State College at the conference in September.

Steve Hemler, 535 York Street, expressed his concerns with Council conducting so many executive sessions and asked if they are working on their own agendas. He feels some have personal agendas and are not representing the people of Gettysburg. Mr. Hemler expressed his concern regarding the unsettled police contract and the continuation of raising taxes.

Mr. Birkner responded Council doesn’t conduct improper executive sessions and rejects Mr. Hemler’s comments about personal agendas. Mr. Birkner added that Council does its business in the open and that a free spirited discussion of issues is part of our democratic process. 

Stan Clark, 915 Fairview Avenue, addressed Council regarding weed notices he has received from Mr. Gettel. He felt it is ridiculous that the borough pays him to ride around and take pictures of weeds. Mr. Clark also said he placed PODS for “Toys for Tots” and then received a call from Mr. Gettel to ask how long they would be out. Mr. Clark said he feels this is harassment.

Mr. Clark also asks Council to consider reviewing the horse and carriages that cause traffic congestion. 

Mr. Birkner said these issues would be discussed with Mr. Gettel for his report.

Mr. Birkner asked that the horse and carriages be placed on the Public Safety/Works Committee agenda for the upcoming meeting.

Ms. Overton reported the Rec Park Plant a Tree Program has received $1,775.00 in donations to date.

Mr. Weaver asked if a thank you note has been sent to Bill Aldridge for his extensive work on the USS Gettysburg model. Manager Ford responded yes and she also took him out for dinner. She noted the USS Gettysburg Commander has other information to update the ship and Bill is willing to undertake this project.

Council adjourned to an executive session at 8:55 pm. 

With no further business to come before council moved Mr. Teague, seconded Mr. Schindel to adjourn the meeting at 9:35 pm.

Respectfully submitted,

Sara L. Stull

Borough Secretary