Council Meeting

Vice President Jacob Schindel called the meeting to order at 7:00 PM with the following Councilors present: Mr. John Butterfield, Mrs. Susan Naugle, Mrs. Claire Lewis, Mr. Graham Weaver, Ms. Rebecca Brown, and Mr. Charles Teague. Mr. Michael Birkner and Mr. Kyle Leinbach were 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 and Public Works Director Dan Hilliard.

Others present included: Norris Flowers, President, Gettysburg Convention & Business Bureau; Darlene Brown, PICPI-ACHA; Bruce Dietrick, Executive Director and Mark Keller representing the Adams County Rescue Mission; Gary Shaffer, Chairman, Historical Architectural Review Board; Bob Krummerich, 125 West Broadway; Kate McCaffrey, 108 South Hay Street; Sue Cipperly, 314 North Stratton Street.

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

An executive session of the Borough Council was conducted immediately prior to the adjournment of its regular meeting held on August 13, 2012 consistent with Section 708(a)(2) of the Sunshine Act for the purpose of receiving information relative 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. Weaver, seconded Ms. Brown to approve the agenda as presented. 

After a change on page 3 regarding Mr. Weaver’s report on H.R. 1335, the minutes of August 13, 2012 were approved as written.

Special presentation:

Norris Flowers, President, Gettysburg Convention & Business Bureau presented Council with a 150th Anniversary Banner. He also gave everyone a commemorative pin. 

Public Comment:

Bob Krummerich, 125 West Broadway asked Council to review the Broadway Islands to determine who is responsible for the upkeep. He pointed out they have been in dire need of repair for quite awhile.

Mr. Teague reported the Public Safety/Works committee is discussing this to determine the responsibility of the Broadway Islands. 

Kate McCaffrey, 108 South Hay Street, asked if townspeople could rent their homes out next year during the 150th anniversary events. She is exploring the possibility of renting her house or rooms.

Manager Ford said Commonwealth Code would need to review this. She noted it may require an inspection. Scott Dellett also said it would depend on the district the property is located in. It may require zoning approval. Mr. Dellett noted this would need to be handling case by case for each property.

Norris Flowers noted the hotels are 90% booked to date for next years festivities.

Gary Shaffer, Chairman, HARB noted that the Adams County Rescue Mission, 114 Chambersburg Street is back on the agenda for approval of the Certificate of Appropriateness. It was approved last year but has since expired. Mr. Shaffer noted no changes were made they are ready to begin construction.

Council Reports:

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

Moved Ms. Lewis, seconded Ms. Brown to approve the Minimum Municipal Obligation (MMO) for the Gettysburg Police and Gettysburg Non-Uniformed Employees defined pension plans for 2013. Motion carried unanimously.

Mr. Weaver said he continues to oppose free pensions for anyone. He is concerned that employees are not paying for the pension fund.

Some discussion took place regarding employee pension contributions. Manager Ford pointed out due to employee contracts this would need to be negotiated. She also suggested bidding out for actuarial services and pension consultant services. Manager Ford asked that the finance committee review the services and regulations. She noted the process would take time and also requires an ordinance change.

Moved Ms. Lewis, seconded Ms. Naugle to adopt a resolution to excuse the police from making contributions to the Police Pension Fund for the year 2012. Motion carried unanimously.

Moved Ms. Lewis, seconded Ms. Naugle to authorize the solicitor to prepare a resolution appointing York Adams Tax Bureau as the designated agent and collector of the Local Services Tax of the Borough effective January 1, 2013. Motion carried unanimously.

Ms. Naugle asked about the Adams County Council of Government meeting on July 30th regarding the YATB tax collection; and what it was about. Manager Ford responded they paid the school board $16,000 for office space but it wasn’t handicapped accessible. They will open a local office in the near future that is handicapped accessible.

Mr. Teague asked if the borough will get what taxes are rightfully owed to the borough. Manager Ford responded yes.

Ms. Naugle asked if Council could receive the bill list again noting it hasn’t been included in the finance directors’ monthly report.

Ms. Naugle asked if bids would be sent out this year for auditors noting last year it was only approved for 1 year. Manager Ford responded yes she is working on getting the RFP’s out in the near future.

Ms. Naugle also asked if there is a provision that auditors don’t need to submit an RFP if they were used the past year. Manager Ford responded the Governmental Finance Officers Association (GFOA) recommends not necessarily changing the audit company but changing the people that come out to complete the audit each year.

Mr. Teague asked why there is an unpaid balance of $168.07 on the bill list for several months. Ms. Overton responded that such a credit is with the utility companies. The money gets posted on a future bill and this is on going.

Mr. Butterfield explained the necessity for a telecommunications device policy. Solicitor Eastman gave Council a brief outline of the provisions contained in the recently enacted Borough Code relative to using telecommunication devices. 

Moved Mr. Butterfield, seconded Mr. Weaver to authorize the solicitor to prepare for subsequent review and approval by the Borough Council a proposed policy authorizing participation in meetings by Borough Council members by use of telecommunication devices consistent with the provisions of the Borough Code. Motion carried unanimously.

Mr. Teague asked if the Borough would need to purchase equipment to use telecommunication devices. Manager Ford said she would use her computer that is already set up to Skype. 

Ms. Naugle expressed concern with how this may impact a meeting if the computers don’t work or Council members won’t want to attend meetings and just stay home. Solicitor Eastman pointed out that telecommunication devices are only used for certain criteria such as illness, disability, emergencies, etc.

Mr. Butterfield explained that the second step was to determine what types of telecommunication devices were available and what the costs were. 

Moved Mr. Butterfield, seconded Mr. Weaver to authorize the Borough Manager to develop and provide for subsequent review and approval by Borough Council a list of telecommunications options with associated costs that may be used for participation in meetings consistent with the provisions of the Borough Code. Motion carried unanimously.

Mr. Butterfield asked if the Borough had received any FEMA Public Assistance funds for reimbursement for repair work due to Hurricane Irene and Tropical Storm Lee. Manager Ford stated that a check in the amount of $4,446.00 had been received and that there was the possibility of another reimbursement for repair of the Tiber wall. Mr. Butterfield asked that Council be advised if more reimbursement funds are received. He asked that the Finance Director send a report on the total FEMA reimbursements to date.

Ms. Naugle reported the Biser Fitness Trail work began today. She noted the trail will be widened to 10 feet.

Ms. Naugle reported the South Mountain Mini-Grant awarded Healthy Adams Bicycle/Pedestrian, Inc. (HABPI) in the amount of $9,000.00. This is for the study and plan design for Carlisle, Railroad, Washington Streets and west on Racehorse Alley to the post office.

Ms. Naugle reported Cumberland Township has requested the borough explore a formal regional recreation park.

Ms. Naugle reported Jim Sauer, Project Consultant for the Rec Park Master Site Plan is working on finalizing the plans. 

Ms. Naugle asked for an update on the tree donations for the Rec Park. Mr. Teague asked if this is included on the finance report. Mona Overton said it is included on the report with all donations. She will separate and provide Council with a list.

Ms. Lewis announced the College Community committee meeting is scheduled to meet on Wednesday, September 26th at 5:00 pm. 

Mr. Weaver reported the new pillow tax rate goes into effect on October 1, 2012.

Mr. Weaver gave a brief update regarding the train station. He reported that the Senate version S.1897 hearings were held on June 27 by the Senate and Natural Resources Committee and the House version H.R. 1335 is awaiting consideration by the full House. Congress has been out for the past month and had just returned on Monday, September 10, so nothing had been done during that time. Todd Platts has said this bill is a top priority for the last few months of his Congressional career.

Mr. Weaver reported he spoke with concerned citizens regarding the West Nile Virus. He stated he has been in contact with the Conservation District and that they sprayed particular areas and also put traps in the borough. Mr. Weaver said they may need to do another spraying but are awaiting the results from the traps.

Moved Ms. Brown, seconded Mr. Butterfield to approve and authorize the issuance of Certificates of Appropriateness for Item A (17 Chambersburg Street), Item B (339 Carlisle Street) and Item C (114 Chambersburg Street) as set forth in the minutes of the August 15, 2012 meeting of the Historic Architectural Review Board (“HARB”) consistent with the findings and recommendations of HARB as set forth therein. Motion carried unanimously.

Mr. Teague asked what Ms. Glatfelter, Adams County Arts Council meant when she reported to the Community Development Committee she “hoped the Borough would play a larger role in the Arts Education Center.” Ms. Brown responded she was requesting more funds from the Borough.

Moved Mr. Teague, seconded Mr. Butterfield to adopt a resolution to proceed with updating revisions to the rules and regulations for the Civil Service Commission. Motion carried unanimously.

Mr. Butterfield asked who mandates the changes the Borough or State. Chief Dougherty said they are state requirements. Mr. Butterfield asked why we need to provide a waiver. Chief Dougherty responded it’s not a waiver of condition but of liability so that whoever is taking the test cannot come back to sue the Borough. Mr. Butterfield asked if Council will have the opportunity to review the final draft. Solicitor Eastman responded yes, that it’s a requirement of the Borough Code. 

Mr. Weaver reported the Storm Water Management Ordinance continues to be discussed and is expected to be ready for Council in October for review.

Moved Ms. Naugle, seconded Ms. Lewis to release the remaining financial security of $199,288.10, for the Preliminary/Final Land Development Plan of the Gettysburg College’s Central Energy Building Addition, as recommended in the Borough Engineer’s letter dated 9-5-12. Motion carried unanimously.

Moved Mr. Butterfield, seconded Mr. Weaver to authorize the solicitor to amend and advertise the Police Pension Plan Heart Act Amendment as required by the Internal Revenue Service Code. Motion carried unanimously.

Manager Ford asked Council to schedule a Council workshop for the purpose of Kerry Moyer, Director of Research and President, The Civic Research Alliance; to present the 5-year strategic and financial Plan.

Council asked that a workshop be scheduled and advertised for Thursday, October 4, 2012 at 5:00 pm.

Mr. Butterfield asked Manager Ford if she signed a memorandum for Steinwehr Avenue BID review. Manager Ford queried asking why we would do that. The agreement sets out the parameters of the grant funding; not the design. This agreement is the same agreement that we enter into with Penn DOT and that there is no need to have the BID review it.

Moved Mr. Butterfield, seconded Mr. Teague to accept the J. P. Harris Tax Exoneration report as presented. Motion carried unanimously.

Scott Dellett reported he and Solicitor Eastman have been working on the Health Care Zoning District and plan to have that ready next month to schedule a workshop session with Council.

Public Comment:

Sue Cipperly, 314 North Stratton Street, addressed Council regarding the telecommunications policy and asked what benefit this would have for the tax payers. She suggested if Council members aren’t available to attend meetings for an extended period of time then they should resign and let someone else serve on Council. 

Ms. Cipperly said the Boroughs Comprehensive Plan hasn’t been updated since 1996 and asked if there were any plans to update it. Manager Ford reported that Kerry Moyer’s recommendation is to do a regional plan. She noted that Cumberland Township is also interested in this. Manager Ford noted the report is not public until Council approves it.

Mr. Butterfield asked Ms. Cipperly if Emmitsburg uses telecommunications such as Skype. Ms. Cipperly responded no they need to have a quorum present.

With no further business to come before council moved Mr. Teague, seconded Mr. Schindel to adjourn the meeting at 8:50 pm.

Respectfully submitted,

Sara L. Stull

Borough Secretary