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, 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: Richard Kelley and Ozzie Colon representing the American Legion Post 202; Deb Adamik, Patricia Lawson and Daniel Bringman representing Main Street Gettysburg; Tammy Myers, American Civil War Wax Museum; Emmett Patterson, McDonalds Restaurant; Max Felty and Carol Metzger representing Gettysburg Tours Inc.; Tom Jolin HABPI; Cindy Fox, Sweets Candy Store; Kathy Gilbert, 39 South Street; Wesley Heyser, 226 North Stratton Street; and Royall Harner, 35 Buford Avenue. 

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 conducted an executive session immediately following the adjournment of the October 9, 2012 meeting consistent with Section 708 (a)(2) and Section 708 (a)(3)of the Sunshine Act for the purposes of receiving information relative to the Act 111 interest arbitration award in connection with an impasse in the negotiation of a collective bargaining agreement with the Teamster’s Local No 776 and relative to the possible purchase, sale or lease of real property of the Borough of Gettysburg.

Moved Mr. Butterfield, seconded Mr. Schindel to approve the consent agenda and the October 9, 2012 minutes as written. Motion carried unanimously. 

Special presentation: 

Dick Kelley, Commander, American Legion Post 202, presented a check in the amount of $5,600.00 to Council for renovations of the Little League fields at the Rec Park.

Public Comment: 

Tom Jolin, HABPI, invited Council to the Gettysburg Greenway Master Plan Kick Off meeting on November 19th at 2:30. The meeting will be held in the Borough Council chambers.

Darlene Brown, PICPI, thanked the Public Works Department for cleaning the streets before and after the recent storm, “Sandy”. She said they didn’t have any problems at any of their facilities.

Patricia Lawson, Main Street Board, stated the Borough is the largest contributor to Main Street Gettysburg. She hopes that Council will continue to support and serve as the visionary for Main Street. Ms. Lawson asked Council to reconsider and reopen the budget line item to increase the donation to them. She invited Council to attend a retreat that will be held on December 10th. 

Emmett Patterson, owner of McDonalds Restaurant, announced the renovations to the restaurant are nearly complete and will reopen soon. Mr. Patterson read a letter from Todd Mickley, Owner of Gettysburg History Center and Gettysburg Ghost Lab located on Steinwehr Avenue. The letter expresses how important Main Street is to Gettysburg and how they have helped many businesses on Steinwehr Avenue. He noted some of the community improvements, such as partnering to open the Will’s House, Creating the Business Improvement District (BID) and Façade and ADA improvement benefits. Mr. Patterson asked that Council reconsider their donation to Main Street.

Tammy Myers, American Civil War Wax Museum, also asked that Council reconsider their donation to Main Street. She pointed out Phase I have been completed and that Phase II is on the horizon for Steinwehr Avenue. Ms. Myers said Main Street has been very helpful with this project.

Kathy Gilbert, 39 South Street, expressed her opposition to giving funds to Main Street Gettysburg. She said as a Borough taxpayer she doesn’t feel that Council should eliminate a position in the police department. Council should not give funds to Main Street to help fund their salaries when borough staff is cut. Ms. Gilbert noted she serves on the Elm Street Board and that its manager will not be receiving any more funding. Mr. Butterfield said he thought Elm Street was still receiving funds through 2013. Ms. Gilbert responded that’s correct it is the last year of the five-year program for funding the Elm Street Manager position. It must be made self-funding and use volunteer work. She pointed out the manager will take on other positions at PICPI to earn her salary. 

Wesley Heyser, 226 North Stratton Street, said Gettysburg is the only municipality funding the Arts Council. He suggests Council write a letter to the County Commissioners asking them to increase their contribution from $11,000 to $15,000. Mr. Heyser also noted he read in the newspaper that the Little League owes the Borough for the use of the ball fields. He expressed his concern that the Borough should follow up and collect money that is owed to them. Mr. Heyser asked Council to review the Retail Transient Business Permits to see if the fee charged is appropriate. He suggests the fee be increased.

Mr. Birkner said he would be in favor of notifying the Commissioners to increase their donation to the Arts Council. He said Council was also very disturbed that the Little League fees were not being collected and said they expect the fees to be collected. Mr. Birkner reported staff is in the process of reviewing the Retail Transient Business Permits and will come before Council for review. He invited Mr. Heyser to attend the meetings for further discussion when it’s placed on the Council agenda.

Mr. Weaver asked why these fees haven’t been collected. Ms. Overton responded she recently sent out the invoice to the little League.

Ms. Naugle reported the Rec Board will review the fees again to make sure they are appropriate.

Mayor Troxell reported Trick or Treat was rescheduled to Saturday due to the severe storm.

Mr. Birkner announced he will be leaving for a Sabbatical and that Mr. Schindel would be managing the meetings in his absence. 

Mr. Butterfield asked if there was any response yet from the Commissioners regarding a location for a clean fill waste site. Mr. Birkner responded no. Mr. Teague said he did speak with one of the Commissioners who said that they would look at it.

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. Teague to enact an ordinance amending the Borough of Gettysburg Police Pension Plan to comply with the Heroes Earnings Assistance Relief (HEART) Act. Motion carried unanimously.

Moved Mr. Schindel, seconded Ms. Brown to approve a resolution appointing York Adams Tax Bureau as the Borough’s delinquent tax collector for prior year 2011 retroactive to September 21, 2012. Motion carried unanimously.

Ms. Naugle asked if this $48,000 tax money would make the Borough “whole” or what estimate should we receive. Manager Ford explained it would not make us “whole” but would prevent it from going back to the receivership. She noted the amount could be more but that $48,000 has been turned over to Berkheimer to date.

Moved Mr. Schindel, seconded Mr. Leinbach to adopt a proposed 2013 Borough Budget in the amount of $4,436,988.00 and to instruct the Borough Secretary to cause notice to be published that the proposed budget is available for public inspection.

At this time discussion took place regarding the proposed budget.

Mr. Weaver asked if an amendment could be made to the Main Street budget line increasing the amount. The 2013 proposal of $20,000.00 is the lowest amount allocated to Main Street over the years. He asked since there is a surplus in the highway aid funds if it could be transferred into the general fund. Manager Ford responded the liquid fuels funds are restricted by the Commonwealth and cannot be transferred to the general fund. These funds are allocated for road work, street lights, equipment etc. 

Mr. Weaver asked if the police officer position is funded for full time. Manger Ford responded yes. Mr. Weaver asked that this position not be filled at this time but to use funds for the community instead. Manager Ford said the general fund was allocated to street and alleys. Ms. Naugle said it is important to keep street and alley work, noting it is in the third year of a plan set up with C.S. Davidson. She noted $100,000 was to be included for 2013 and that the 2014 project is estimated at $300,000. Ms. Naugle expressed her concern if the funding was cut for streets and alleys that it may cost more in the future if we don’t follow the current plan.

Ms. Naugle asked for an explanation of the highway aid funds. Ms. Overton informed Council of the budget outcome noting the 2013 expenditures with an estimated balance of $14,562.

Ms. Naugle said she is not sure we can continue to fund a full time police officer. She said the chief manages very well and that the other officers would step up. Mr. Weaver agreed the full time police officer position should not be funded. He feels they don’t have enough work now and that part time officers could be used for the 150th Sesquicentennial Anniversary.

Mr. Teague pointed out the police department is currently operating with this full time officer and that the scheduling is tight. He suggests not eliminating this position.

Ms. Lewis noted before using part time officers the full time officers must be offered the overtime first. This could end up costing more. Mr. Weaver said he feels the full time officers don’t usually want the extra work.

Mr. Leinbach noted Dr. Kerry Moyer’s report has 8 full time officers for the department. Don’t feel we need to keep this position. Mr. Butterfield said he contacted Dr. Moyer and the number is 10 which include the chief and sergeants. Mr. Weaver asked what the International Police Study reports. Chief Dougherty answered they don’t include the chief and sergeants. He pointed out the formula used doesn’t work for all departments because of demographics, college towns etc. and should be done individually. Chief Dougherty noted the study obtained in 2006 is about the same and said if quoting a study you must make sure you understand it. He also noted he didn’t request another officer.

Ms. Naugle said she spoke to other police departments in college towns and it was unable to match with Gettysburg. Of the municipalities she reviewed with they were compatible to the Gettysburg police force. Mr. Weaver said the Borough has nearby officers and the college security to assist Gettysburg. 

Mr. Birkner reminded everyone before the vote that Mr. Weaver’s request is to eliminate the full time police officer position.

Moved Mr. Weaver, seconded Mr. Butterfield to remove budget line for 1 full time police officer and eliminate the position. YEA: Mr. Butterfield, Mr. Weaver and Ms. Naugle. NAY: Mr. Teague, Mr. Leinbach, Ms. Lewis, Ms. Brown, Mr. Schindel and Mr. Birkner. The vote failed 6 Nays/3 Yeas. 

Mr. Birkner reminded everyone this vote is to amend the budget to add $100,000.00 into street and alley improvements.

Moved Ms. Naugle seconded Mr. Leinbach to amend the budget to add $100,000.00 to street and alley improvements as presented in the C. S. Davidson 5-year schedule. YEA: Mr. Leinbach, Mr. Butterfield, Mr. Weaver, Ms. Naugle and Mr. Birkner. NAY: Mr. Teague, Ms. Brown, Ms. Lewis and Mr. Schindel. The vote passed 5 yeas/4 nays.

Mr. Weaver asked about the upcoming projects regarding Columbia Gas. Manager Ford responded Columbia Gas and the Gettysburg Municipal Authority will partner with the Borough for the street projects.

Moved Mr. Weaver, seconded Ms. Naugle to add $10,000.00 to the Main Street funding totaling $30,000.00. YEA: Mr. Butterfield, Mr. Weaver and Ms. Naugle. NAY: Mr. Teague, Mr. Leinbach, Ms. Lewis, Ms. Brown, Mr. Schindel and Mr. Birkner. The vote failed with 3 yeas and 6 nays.

Mr. Weaver asked if another budget workshop could be scheduled at this time. Mr. Birkner declined the request.

Moved Mr. Teague, seconded Ms. Naugle to delay the proposed budget vote until further discussion. Mr. Teague and Ms. Naugle both withdrew the motion. 

Manager Ford said there isn’t really any point to holding another meeting. She pointed out three budget workshops were already held where she presented an operational budget. Council must now decide where they want to cut, raise taxes or take from the reserves.

Moved Mr. Leinbach, seconded Mr. Schindel to amend budget to remove earmarking funds to the Arts Council and let them use it for what they want. YEA: Mr. Teague, Mr. Leinbach and Mr. Schindel. NAYS: Ms. Lewis, Ms. Brown, Mr. Butterfield, Mr. Weaver, Ms. Naugle and Mr. Birkner. The vote failed 3 yeas and 6 nays.

Mr. Leinbach made a motion to remove all discretionary items on the budget in the amount of $37,500.00. Without a second the motion failed.

Moved Mr. Butterfield, seconded Mr. Weaver to withdraw $93,670.00 from the reserve fund to balance the budget. After some discussion the motion passed 
6 Yeas: Ms. Lewis, Ms. Brown, Mr. Butterfield, Mr. Weaver, Ms. Naugle and Mr. Birkner: 3 Nays: Mr. Teague, Mr. Leinbach and Mr. Schindel. 

Mr. Leinbach said he would not vote in favor of withdrawing funds from the reserve fund and suggested raising taxes. Ms. Naugle asked which reserve account it would be withdrawn from. Manager Ford answered the maintenance reserve account.

Moved Mr. Teague, seconded Ms. Brown to amend the prior motion to withdraw $50,000.00 from the reserve fund instead of $93,670.00. The motion failed 2 Yeas: Mr. Teague and Ms. Brown. 7 Nays: Mr. Leinbach, Ms. Lewis, Mr. Schindel, Mr. Butterfield, Mr. Weaver, Ms. Naugle and Mr. Birkner. 

At this time the original budget motion was restated with the increased total amount.

Moved Mr. Schindel, seconded Ms. Lewis to adopt a proposed 2013 Borough Budget in the amount of $4,530,688.00 and to instruct the Borough Secretary to cause notice to be published that the proposed budget is available for public inspection. A roll call vote was taken and the vote passed unanimously.

Moved Mr. Schindel, seconded Ms. Lewis to authorize the solicitor to prepare and advertise for enactment an ordinance fixing the tax rate for fiscal year 2013 at 3.5203 mills and the Occupation Tax Rate at 30 mills. Motion carried unanimously.

Moved Mr. Butterfield, seconded Mr. Weaver to adopt a resolution and a policy for meeting participation by Borough Council members not physically present by means of telecommunication devices consistent with Section 1001(c) of the Borough Code. Motion carried with 8 Yeas and Mr. Birkner abstained. 

Ms. Naugle reported the Biser Fitness Trail dedication was held last week with a nice turn out. Mr. Butterfield stated that he was disappointed to see that the Gettysburg Little League had not been billed for the 2011 season as stated in the October 17th Rec Park Board minutes.

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

Mr. Weaver reported Congressman Todd Platts is working hard to get the train station bill passed before his term is up at the end of this year. He said he invited newly elected Congressman Scott Perry to attend a meeting to introduce him to Council.

Mr. Weaver reported the USS Gettysburg is currently in Mayport, Florida. There is not a crew visit to Gettysburg scheduled at this time.

Moved Ms. Brown, seconded Ms. Lewis to authorize the Borough Manager to execute the memorandum of Understanding between the Borough and the Adams County Conservation District. Motion carried unanimously.

Moved Ms. Brown, seconded Ms. Lewis to authorize the Borough Planning Director and Borough Solicitor to finalize a zoning text amendment and revision of Section 27-1301.2 of the Zoning Ordinance relative to proposed amendments to the Borough’s general parking provisions regulating parking space dimensions and to schedule a public hearing for 6:30 p.m. on Monday, January 14, 2013 prior to the January 14, 2013 prior to the January Council meeting. Motion carried unanimously.

Moved Ms. Brown, seconded Ms. Lewis to enter into discussions with Cumberland Township regarding participation in a Multi-Municipal Comprehensive Plan, pursuant to the request by the Cumberland Township Board of Supervisors dated September 5, 2012. Motion carried unanimously.

Mr. Teague asked if they have approached other municipalities. Mr. Dellett responded yes but that Straban Township already has a plan. He pointed out this must be reviewed by the Planning Commission. 

Moved Ms. Brown, seconded Ms. Lewis to approve and authorize the issuance of Certificates of Appropriateness for Old Business Item A (339 Carlisle Street) and New Business Item B (213-215 Chambersburg Street) and Item C (127 York Street) as set forth in the minutes of the October 17, 21012 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. Naugle to deny the issuance of a Certificate of Appropriateness in part for New Business Item A (22) West High Street, Prince of Peace Episcopal Church) for the wrapping of the sills and the covering of the trim of all first floor windows, the covering of the trim of the door, and for the replacement of the window sashes for the nine (9) first floor windows on the front turned gable portion of the building as specifically identified and set forth in the minutes of the October 17, 2012 meeting of the Historic Architectural Review Board (HARB) consistent with the findings and recommendations of HARB as set forth therein. The voted passed 7-2 with Mr. Leinbach and Mr. Weaver voting no.

Moved Ms. Brown, seconded Ms. Lewis to approve and authorize the issuance of a Certificate of Appropriateness in part for New Business Item A (22 West High Street, Prince of Peace Episcopal Church) for the replacement of the window sashes only for the five (5) remaining first floor windows as set forth in the minutes of the October 17, 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. Butterfield asked for an explanation regarding the Community Development Committee minutes about the website development of a more interactive site. Manager Ford said we are working with GMA to share cost and is looking into interactive use with other social media such as Facebook, twitter etc. Mr. Weaver asked what the cost would be. Manager Ford answered approximately $2,000.00. Mr. Butterfield asked if this was included in the budget. Manager Ford responded no but could possible get a donation for this. Mr. Butterfield expressed his concern regarding the interactive sites and asked if Council would discuss this further before a decision is made. Manager Ford responded yes that she is just gathering the information and will report back to the Community Development Committee.

Moved Mr. Teague, seconded Ms. Lewis to extend Officer Gary Long’s current provisional appointment as a full-time police officer with the Gettysburg Police Department. This extension will be effective until the currently vacant full-time police officer position can be filled through the Civil Service testing procedure. This extension will be for a maximum of six months unless further extended and is retroactive to the 24th of September, 2012. The motion passed 8-1with Mr. Weaver voting no.

Moved Mr. Teague, seconded Ms. Naugle to draft a letter to Gettysburg Municipal Authority (GMA) indicating the Council’s desire to increase the GMA Board by 2 members for signature by the Council President. Motion carried unanimously.

Moved Mr. Teague, seconded Mr. Leinbach to enact 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. Schindel to authorize the Borough manager and the solicitor to prepare a resolution establishing fees to be charged in the administration of the Gettysburg Borough Stormwater Management Ordinance for consideration and adopting by the Borough Council. Motion carried unanimously.

Moved Mr. Teague, seconded Mr. Schindel to authorize the solicitor to prepare and advertise for enactment an ordinance amending the Code Enforcement Appeals Board Ordinance in order to expand the jurisdiction of the appeals Board to hear appeals consistent with section 706 of the Gettysburg Borough Stormwater management Ordinance. Motion carried unanimously.

Moved Mr. Schindel, seconded Mr. Butterfield to release the remaining financial security of $179,008.06 for the Lutheran Theological Seminary Historic Trail Project, consistent with the certification letter by the Borough Engineer. Motion carried unanimously.

Moved Mr. Weaver, seconded Mr. Schindel to adopt a resolution for the amended Police and Procedure for a RFP for the section of a Pension Management firm per the provisions of Act 44. Motion carried unanimously.

Mr. Weaver asked the status on a new auditing firm. Manager Ford responded it is on the Finance Committee for discussion.

Ms. Naugle reported the Intergovernmental Agreement with Cumberland Township will consist of 6 members to included 3 each from the Borough and Cumberland Township. A draft agreement should be ready for review in January.

Mr. Birkner announced he is working on the committee assignments for 2013. If anyone has any they request should let him know, soon.

With no further business to come before council moved Mr. Teague, seconded Mr. Schindel to adjourn the meeting at 10:00 pm.