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, Mr. Graham Weaver, 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: John Angstadt, Gettysburg Area Retail Merchants Association (GARMA); Harry Perkinson, Candidate for Congress; and Jason Sidoch, 17 on the Square.

Representing the press were Jess Haines of the Gettysburg Times, and Amy Stansbury representing the Evening Sun

President Birkner announced that the Gettysburg Borough Council will  conduct an executive session immediately following the adjournment of this meeting consistent with Section 708(a)(2) and Section 708 (a)(3) 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 and for the purpose of receiving information about the possible purchase, sale or lease of real property of the Borough of Gettysburg.

The consent agenda and September 10, 2012 minutes were approved as presented.  

 Public Comment: 

John Angstadt, GARMA request holiday parking from November 23rd thru January 2, 2013. 

Moved Mr. Butterfield, seconded Mr. Schindel to approve holiday parking for GARMA from November 23rd thru January 2, 2013.  Motion carried unanimously.

Harry Perkinson introduced himself and announced he is a candidate for the 4thCongressional District.

Mayor Troxell announced Trick-or-Treat will be held on Halloween, Wednesday, October 31stfrom 6-8 pm.

Mayor Troxell reported Bob Monahan has arranged for the Congressional Medal of Honor Convention to be held in Gettysburg in September 2013. He announced a ceremony would be held on the square on Wednesday, October 17, 2012 at 11:00 am in front of the Wills House to make the formal announcement. A ceremonial flag will be raised on the square to fly until the convention next year.

Council Reports:

Mr. Birkner reported Borough Officials and GMA representatives met to discuss changing its membership from 5 to 7 board members. He asked Council members for input and requested they send comments by email to him. A workshop session may be scheduled in the near future to discuss further.

Mr. Birkner announced a budget workshop is scheduled for Monday, October 22nd at 4:00 pm. He asked that the Public Safety/Works Committee hold its meeting to an hour from 3-4. Mr. Birkner said if a second budget meeting is needed it would be scheduled for November 5th.

Mr. Birkner announced the strategic Plan Workshop with Kerry Moyer is scheduled for Thursday, November 7th at 4:00 pm. 

Ms. Stull was instructed to advertise both meetings.

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

Moved Mr. Schindel, seconded Ms. Brown to authorize COLA increase for retired police pensioner Fred Gantz to be paid from the Police Pension fund effective September 1, 2012. Motion carried unanimously.

Moved Mr. Schindel, seconded Ms. Naugle to adopt Resolution No. 100912-1 appointing York-Adams Tax Bureau as the designated agent and collector of the Local Services Tax of the Borough. Motion carried unanimously.

Ms. Naugle asked when this takes effect. Manager Ford responded they will begin collecting immediately.

Mr. Butterfield provided a historical synopsis of the boroughs dealings with the hotel since 2007 with respect to the guest parking agreement. He noted Council revised the agreement in 2010. Mr. Butterfield also said the borough has one year of data since the new parking equipment was installed. He suggested that Council revisit the agreement in 2013. 

Moved Mr. Butterfield, seconded Mr. Weaver to authorize the Borough Manager, the Finance Director, the solicitor and a member of the Council as chosen by the Council President to begin a discussion with the management of the Gettysburg Hotel and the administration of Gettysburg College to address revising the fee structure agreement for guests attending events at and residing overnight in the Gettysburg Hotel. Motion carried unanimously.

Ms. Lewis asked if the borough is still honoring the old agreement.  Mr. Butterfield responded yes.

Mr. Birkner announced he would ask Mr. Butterfield to serve on this committee.

Mr. Butterfield asked if Council was going to approve the letter from Mrs. Barbara Underwood dated September 5th asking for Council to consider partnering with Cumberland Township to establish a regional comprehensive plan.

Manager Ford responded the borough never received the letter. She will contact Cumberland Township Manager, Ben Thomas. Manager Ford also said potential funding is available from DCED to conduct a joint comp plan.

Mr. Butterfield suggested an interim response be sent asking for an additional 30 days to respond. He also suggested that the Planning Commission and the Planning Director provide Council a recommendation so that we might respond to the Cumberland Township request.

Ms. Naugle said she would be receptive but need to find out the pros and cons first before making a decision.

Moved Ms. Brown, seconded Mr. Butterfield to reappoint Roger Heyser to the Gettysburg Area Park and Recreation Board for a five (5) year term expiring on October 31, 2017. Motion carried unanimously.

Moved Ms. Brown, seconded Mr. Teague to reappoint Susan Naugle to the Gettysburg Area Park and Recreation Board for a five (5) year term expiring on October 31, 2017. Motion carried unanimously.

Moved Ms. Naugle, seconded Mr. Butterfield to reappoint Richard Ezell to the Shade Tree Commission for a five (5) year term expiring on October 31, 2017. Motion carried unanimously.

Moved Ms. Naugle, seconded Mr. Teague to adopt Resolution No. 100912-2 appointing Susan Cipperly to the Code Enforcement Appeals Board to fill the seat vacated by Stephen Snyder in February 2012 for a five year term expiring February 28, 2017. Motion carried unanimously.

Moved Ms. Naugle, seconded Mr. Weaver to form an exploratory committee with Cumberland Township to discuss an intergovernmental agreement to provide recreation. Motion carried unanimously.

Mr. Leinbach asked if this discussion could be included with the Comprehensive Plan discussions.  Ms. Naugle noted the Comprehensive Plan is more about zoning and land issues. Mr. Dellett pointed out we already have a study for recreation and would recommend keeping the two items separate. Manager Ford recommends also keeping these items separate.

Ms. Naugle reported the Biser Fitness Trail is moving along. They need to blacktop but the weather hasn’t been cooperating. Ms. Naugle said she will plan a volunteer day to help rake and clean the area. The 21 trees that were purchased through donations will soon be planted.  Ms. Naugle reported a dedication day will be scheduled when the project is completed.

Ms. Naugle reported that she along with Manager Ford and Finance Director Overton met with consultant Jim Sauers to review the Rec Master Plan. A meeting will be held in the near future for Council to review the final plan.

Ms. Naugle reported the Healthy Adams Bicycle/Pedestrian, Inc. (HABPI) will plan a kick-off meeting to be scheduled in November, to begin their next grant project to identify easements and rows for the GIL.

Moved Ms. Naugle, seconded Mr. Butterfield to approve the mural design for three grant-funded mural panels to be placed at the Gettysburg Area Recreation Park by the Adams County Arts Council in cooperation with Olde Getty Place. Motion carried unanimously.

Mr. Teague said the mural appears to be racially exclusive and asked if that was intentional. Ms. Naugle reported the information received was gathered from the Third Ward neighborhood. Mr. Teague pointed out Olde Getty Place does not relate to the founder of Gettysburg, James Gettys. Mr. Weaver also noted that Abraham Lincoln is not included in the mural. Ms. Lewis said she believes the committee interviewed the youth in the neighborhood to develop the design. Ms. Naugle responded yes the youth were included to help develop the design.

Ms. Lewis announced the next College Community Committee meeting is scheduled for November 28th at 5:00pm.

Mr. Birkner asked if things are quiet in the college community, noting it’s a larger first year freshman class. Mr. Birkner pointed out there were no complaints at the Hazel Alley meeting held recently.  Ms. Lewis noted that only one resident attended the last College Community Committee meeting to complain about the number of arrests of misbehaving students.

Chief Dougherty reported his department has several hundred hours of patrols around the college. He said the officers’ patrol at certain designated hours in which he will not disclose. Mr. Birkner asked if they are satisfied with arresting the students rather than issuing warrants. Chief Dougherty responded yes he is satisfied.

Mr. Weaver reported the new pillow tax went into effect on October 1st, noting the hotels have until November 20th to pay their tax. He said the county has until December 5th to make payments to the municipalities.

Mr. Weaver said there is nothing new to report on the train station.

Mr. Weaver said there is nothing new to report on the USS Gettysburg since their last visit.

Mr. Weaver reported that officers of Main Street will attend the Council budget meeting to present their funding needs.

Mr. Weaver reported at the Community Development Committee meeting there was some preliminary discussions with Main Street regarding a potential Second Saturday event. At this time there is no support or man power for Main Street to take on another project.

Mr. Leinbach asked the status on the Façade Improvement program. Mr. Weaver said he doesn’t have the information with him but would get it for Council.

Mr. Birkner asked how the enactment of the new pillow tax would affect the budget. Ms. Overton responded she spoke to Norris Flowers, CVB but didn’t get an answer. She will contact the county to see if they can provide any information. Mr. Weaver said he heard it could range from $120,000 to $150,000 depending on the hotel bookings.  Manager Ford pointed out the hotels are booked in June, July and August of 2013 so the amount will fluctuate. She suggested keeping the figure conservative for budgeting purposes.

Moved Ms. Brown, seconded Ms. Lewis to approve and authorize the issuance of Certificates of Appropriateness for Item A (1 Baltimore Street) and Item B (421 Baltimore Street), as set forth in the minutes of the September 19, 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 Mr. Teague, seconded Ms. Lewis to authorize the Civil Service Chairman Dave Sanders to proceed with the police testing process. Motion carried unanimously.

Moved Mr. Teague, seconded Ms. Lewis to authorize the borough engineers and the solicitor to finalize and advertise for enactment The Gettysburg Borough Stormwater Management Ordinance in compliance with the Adams County Act 167 Stormwater Management Plan. Motion carried unanimously.

Moved Mr. Teague, seconded Mr. Leinbach to authorize the solicitor to prepare and advertise for enactment an ordinance for the relocation of Smith Alley and Brickyard Alley pursuant to Section 1751 of the Borough Code. Motion carried unanimously.

Moved Mr. Teague, seconded Ms. Lewis authorizing the Borough of Gettysburg to execute and deliver a Development Agreement with the Adams Rescue Mission, Inc., in connection with the Preliminary/Final Land Development Plan of the Adams Rescue Mission Agape House. Motion carried unanimously.

Moved Mr. Teague, seconded Ms. Lewis to approve the financial security in connection with the Preliminary/Final Land Development Plan of the Adams Rescue Mission Agape House in the amount of $5,194.20, in a form authorized by the Pennsylvania Municipalities Planning Code, consistent with the certification letter by the Borough Engineer. Motion carried unanimously.

Moved Mr. Teague, seconded Ms. Brown authorizing the Borough of Gettysburg to execute and deliver a Development Agreement with Gettysburg College in connection with the Preliminary/Final Land Development Plan of 339 Carlisle Street. Motion carried unanimously.

Moved Mr. Teague, seconded Ms. Brown to approve the financial security in connection with the Preliminary/Final Land Development Plan of 339 Carlisle Street in the amount of $41,358.90, in a form authorized by the Pennsylvania Municipalities Planning Code, consistent with the certification letter by the Borough Engineer. Motion carried unanimously.

Moved Mr. Teague, seconded Mr. Schindel to approve the reduction in financial security in connection with the Grading/Utility Plan for the Schmucker hall Rehabilitation Project, by an amount of $42,473.00 to provide a remaining balance of $53,894.70, consistent with the certification letter by the Borough Engineer. Motion carried unanimously.

Manager Ford reported she received a draft of the Marsh Creek and Rock Creek Critical Area Resource Plan for Council to review.

Mr. Teague requested that the monthly reports presented by the departments prepare a spreadsheet if possible.

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

Mr. Birkner said he had a call complaining about burning in open pits. Manager Ford asked that these calls be directed to the borough office so they can be directed to the appropriate department.

Mr. Dellett reported we are later than usual getting the executed contract which will delay the HUD 2013.

Mr. Hilliard reported brush pick up is scheduled for the week of October 15th.

No Public Comment:

Ms. Naugle reported the last From the Ground Clean Up was on September 24th. The CVB will clean on November 15th or 16th in preparation of the Remembrance Day Parade. The Ground Up Crew will help and if anyone else is available would be great.

Moved Mr. Schindel, seconded Mr. Butterfield to adjourn to an executive session at 8:40 pm.

With no further business to come before council moved Mr. Teague, seconded Mr. Schindel to adjourn the meeting at 10:30 pm                                                             

Respectfully submitted,

Sara L. Stull

Borough Secretary