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, Mr. Jacob Schindel, Ms. Rebecca Brown, Mr. Kyle Leinbach and Mr. Charles Teague. Michael Birkner participated in the meeting via telecommunications/Skype. Staff present included Mayor William Troxell, Solicitor Harold Eastman, Manager Florence Ford, Borough Secretary Sara Stull, Chief Joseph Dougherty, Finance Director Ramona Overton, Planning Director Scott Dellett, Public Works Director Dan Hilliard and Chad Clabaugh, Borough Engineer, C. S. Davidson.

Others present included: Bruce Weinsteiger, Architectural Concepts; Pete Egan, Caldwell, Heckles and Egan, Construction; Jeff Shaffer, Remix of Gettysburg; Robin Fitzpatrick, Adams County Economic Development; Amy Kaufman, Delta Development; Scot Pitzer, PA Senate, representing Congressman Richard Alloway; Darlene Brown, PICPI; Wesley Heyser, 226 North Stratton Street. 

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

Vice President Schindel announced that an executive session of the Borough Council will be conducted immediately following the adjournment of this meeting consistent with Section 708(a)(1) of the Sunshine Act for the purpose of reviewing information and discussing matters of employment of Borough employees.

Moved Mr. Weaver, seconded Ms. Brown to approve the agenda after amending and adding a motion for a HARB appointment and also the inclusion of a handout from Mr. Teague with ideas for enhancing bike week. 

Moved Mr. Butterfield, seconded Ms. Naugle to approve the minutes of November 13th after amending and correcting typographical errors. 

Special Presentation: 

Bruce Weinsteiger, Architect and Pete Egan, President, Caldwell, Heckles and Egan, Construction gave a brief overview of the proposed project for 108 North Stratton Street. The project would provide an 88 unit senior living that would utilize the combined lots 1, 2, 3, and 4. The nonprofit housing would be managed by Community Basics. Mr. Egan mentioned that there is a potential for a commercial opportunity for lot 5. They provided handouts with the project plans and description for the project.

Mr. Schindel stated Council had hoped for mixed use for this property not just residential. Jeff Shaffer, ReMax responded that the property has been on the market for some time and it’s been hard to sell for mixed use. He said no one is interested in commercial use at this time.

Mr. Teague said the project looks good and reminded them of the importance to work with HARB.

Mrs. Naugle asked if the Planning Commission reviewed the plans yet. Mr. Dellett responded no because they don’t own the property yet that they are just in the preliminary stages.

Mr. Butterfield asked if Community Basics also sell properties or just manage them. Mr. Egan responded he believes they only manage properties.

Mr. Birkner asked if they are capable of filling these units. Mr. Egan responded they haven’t prepared a market study yet. Robin Fitzpatrick said she spoke with the Office for Aging and they have a waiting list for people in need of housing. Mr. Egan noted that construction wouldn’t begin until the spring of 2014.

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

Mr. Weaver asked about the Smith, Elliott, Kearns invoice for $375 and what it was for. Ms. Overton responded it was a charge for payroll services. Mr. Weaver asked if this came before Council for approval. Ms. Overton responded it was not voted on by Council as a whole that it was an operational decision and not a policy. Mr. Teague also expressed concern that this didn’t come before Council. He noted payroll had been done by Borough staff and not outsourced in the past. This is a policy issue and Council should determine if it should be outsourced or prepared by Borough staff. 

Mrs. Naugle provided a handout from the Government Finance Officers Association (GFOA) which outlines proper procedures. She stated Council should establish a policy and set up standards for getting prices and quotes for services. 

Mr. Leinbach asked if this presents a problem for the Borough that must be discussed now or can we continue with the meeting. Mrs. Naugle and Mr. Weaver pointed out this is a three year agreement. Mr. Schindel said this could be discussed at the Finance Committee and that he would place it on the agenda. 

Solicitor Eastman noted the Borough Code requires getting quotes for services and that quotes were received. Council approves and authorizes all contracts and agreements.

Moved Mrs. Lewis, seconded Mrs. Brown to approve the distribution of the Eichelberger-Stahle Funds to Borough residents. Motion carried unanimously.

Moved Mrs. Lewis, seconded Mrs. Brown to adopt the Borough budget for fiscal year 2013 in the amount of $4,530,688.00. Motion carried unanimously. 

Mrs. Naugle made a few comments about the budget and asked Council to consider setting up policies for contracting out services. She noted we are contracting out payroll services and recently approved auditing services. Mrs. Naugle asked Council to consider whether or not such services are necessary which could amount to a savings. She also said Council should get quotes and bids for outsourcing services. 

Mrs. Naugle said she attended the Main Street retreat along with other members of Council and the Planning Director. She said she was struck by the broadness of the support in the community for the program. She said Main Street began in 1987 and that many of the programs do benefit the Borough and downtown area. Mrs. Naugle urged Council to revisit this issue as we move forward.

Mrs. Naugle also commented on the police strategic plan which calls for a maximum of 11 police officers including the chief, noting the previous study called for 12 officers. She suggests Council study the strategic plan and decide if they want to keep the 12th officer after the 150th anniversary demands. Mrs. Naugle feels it’s not fiscally prudent to have a police force any larger than it needs to be. Mrs. Naugle also expressed her concern with eliminating a support position in the police department that she feels is very critical to the organization. The work load will then be thrown onto the officers taking them away from their jobs. She urged Council to rethink their decision and see if they can find any funds to keep the position. It’s important to the police force to keep this position.

Mr. Teague asked how soon after the close of the fiscal year would Council receive a report on the 2012 outcome. Ms. Overton responded the preliminary figures are ready approximately 2 weeks after the end of the year. Mr. Teague then asked if they would know by the January Council meeting if there is a surplus. Ms. Overton stated no that would be too soon that all the final invoices and expenses must be recorded. 

Mr. Butterfield pointed out that 61% of the budget is for non-discretionary items such as salaries, taxes and contractual benefits, etc. Another 26% went towards non-discretionary items associated with health, safety and welfare of the citizens. This left the Council with 13% to work with.

Moved Mrs. Lewis, seconded Mr. Leinbach to enact an ordinance fixing the tax rate of the Borough of Gettysburg for fiscal year 2013 at 3.5203 mills on each dollar of real estate assessed valuation and at 30 mills on each dollar of occupational assessed valuation. Motion carried unanimously.

Moved Mrs. Lewis, seconded Mr. Leinbach to adopt a resolution appointing Smith, Elliott, Kearns & Company LLC as the independent auditor of the Borough of Gettysburg. YEA: Mr. Leinbach, Ms. Brown, Ms. Lewis, Mr. Schindel and Mr. Birkner. NAY: Mr. Teague, Mr. Butterfield, Mr. Weaver and Ms. Naugle. The motion passed 5-4.

Mr. Weaver asked that the motion be amended to delete Smith Elliot Kearns and appoint Stambaugh, Ness as the independent auditor. He noted there are three fully qualified bidders with Stambaugh Ness PC as the lowest bidder. He expressed concern that the information was just handed out to Council regarding the bids so they didn’t have time to review it before the meeting.

Mr. Teague expressed concern also with appointing the same auditor that is currently preparing the Borough payroll. He feels this is not the best practice to use the same firm to prepare an audit that is also providing other services.

Mrs. Lewis asked if the services being provided are handled in two separate divisions. Ms. Overton replied yes a payroll division and the auditing are separate. She noted this is not an uncommon practice. Mr. Leinbach asked why there is an issue if there are two separate divisions.

Mr. Teague said he doesn’t have an issue with the firm but that it could present a problem with doing payroll and preparing the audit. He feels an independent auditor should not be done by the same firm that is providing other services to the Borough. Ms. Overton replied they are independent of management decisions and not to find errors.

Mrs. Naugle said it is quite confusing and asked for a review of the bids pointing out Smith Elliot Kearns was not the lowest bidder. 

Mr. Weaver said three bids were received for a three year contract. The highest was from Smith Elliot Kearns at $79,900; Rager Lehman Houck $75,160 and Stambaugh Ness PC $69,500 was the lowest. A letter was then received from Smith Elliott Kearns thanking the Borough for the opportunity to submit a second bid at $68,000 which was $1,500 less than the lowest bid in the first round of bids. A second bid of $73,095 was received by Rager Lehman Houck which was higher than Smith Elliot Kearns’ second bid. Today he learned that Stambaugh Ness PC submitted another bid for $67,500 which makes them the lowest bidder.

Mr. Weaver went on to say that he reviewed the GFOA best practices report that states independent auditors should be replaced at the end of the auditing contracted term. He asked how long Smith Elliott Kearns has been providing the Borough audits. Ms. Overton replied she believes six years. She explained that when sending out RFP’s for services such as auditing, engineering or legal firms that many quotes would be received but it doesn’t necessarily mean that they have the expertise in these areas. Ms. Overton noted that from her experience and she also once worked for Stambaugh Ness that governmental accounting was not high on a list of things auditors liked to do. This was because there wasn’t a lot of money in this line of work and that only a few firms specialize in governmental accounting.

Mrs. Naugle agreed the information should have been given to Council to review prior to the meeting. This would have help Council make a decision of determining which firm would be the best for the Borough. Mrs. Naugle expressed her concern in regards to a letter received by Smith Elliot Kearns stating that their quotes are based on their understanding of our current circumstances. And if these would change or a new audit standards would impact your required level of service they would discuss these changes in advance and come to a mutually agreed upon fee adjustment. Mrs. Naugle stated she has been pushing for bids and the best practices since she came on Council. There are three qualified auditors and she was not sure why we should approve Smith Elliot Kearns when they charged the Borough $27,000 and now will perform the same work for $23,000. She pointed out three qualified bids were received and why shouldn’t Council accept the lowest bidder instead of staying with the current auditor. Mrs. Naugle went on to say it is Council’s responsibility to make sure the best practices are followed for the benefit of the citizens. She noted it is always good to have “fresh eyes” to review the records.

Ms. Overton pointed out other entities send out RFP’s but stay with the same firm simply to stay in line with the going rate. She feels that Smith Elliott Kearns is qualified and said the Borough would sign an annual engagement letter so if they are not happy with the service they wouldn’t need to continue the following year.

Mr. Butterfield also expressed concern and feels it should be two separate firms providing the payroll and auditing services.

Moved Mrs. Lewis, seconded Mr. Teague to adopt a resolution to appoint Stambaugh Ness as the independent auditor of the Borough of Gettysburg. YEA: Mr. Teague, Mr. Butterfield, Mr. Weaver and Mrs. Naugle. NAY: Mr. Leinbach, Ms. Brown, Mrs. Lewis, Mr. Schindel and Mr. Birkner. The vote failed 4 – 5.

Moved Mrs. Lewis, seconded Mr. Leinbach to authorize the Borough Manager to execute the agreement with Smith, Elliott, Kearns & Company LLC.
YEA: Mr. Leinbach, Ms. Brown, Mrs. Lewis, Mr. Schindel, Mr. Butterfield, Mr. Weaver and Mr. Birkner. NAY: Mrs. Naugle and Mr. Teague. The motion passed 7-2.

Moved Mrs. Naugle seconded Mr. Butterfield to hold Smith Elliot Kearns & Company LLC to $23,000 for its 2012 audit. Motion carried unanimously.

Mr. Butterfield gave a brief report regarding the meeting held with the Gettysburg Hotel to discuss parking. 

Mrs. Naugle reported the Gettysburg Inner Loop is involved in their master plan and she included a copy of the power point in everyone’s book for review. If anyone is interested in attending the Steering Committee is welcome to attend. Mrs. Naugle said HAPBI is currently conducting a survey of alley usage and a traffic study is taking place on Race horse Alley.

Mrs. Naugle reported the Rec Board subcommittee was formed to prepare a draft intergovernmental agreement and that it has been presented to the Rec Board and Cumberland Township’s Open Space Committee for review. The draft agreement is currently being reviewed by the solicitors and will be forwarded to Council when it becomes available. 

Moved Mrs. Brown, seconded Mr. Leinbach to adopt a resolution appointing Holliday Giles to the Gettysburg Borough Zoning Hearing Board for a five-year term commencing on January 1, 2013 and expiring on December 31, 2017. Motion carried unanimously.

Moved Mrs. Brown, seconded Mr. Leinbach to adopt a resolution appointing Susan Naugle as a member of the Board of the Gettysburg Municipal Authority for a five-year term commencing on January 7, 2013 and expiring on the first Monday in January 2018. Motion carried unanimously.

Moved Mrs. Brown, seconded Mr. Teague to appoint Sarah Kipp to the Borough Planning Commission for a five-year term expiring December 2017. Motion carried unanimously.

Moved Mrs. Brown, seconded Mrs. Naugle to appoint Aubrey Burkholder to fulfill the unexpired term of Dale Gettel on HARB. The term will expire in August 2017. Motion carried unanimously. 

Mrs. Lewis reported the College Community Committee meeting will be held on January 30, 2013. They will continue their discussion on the college point system.

Mr. Weaver reported Congressman Platts’ term will end at the end of December and noted if the train station bill doesn’t get considered during this “lame duck session” it would need to be reintroduced in January. 

Moved Mr. Weaver, seconded Mr. Butterfield to authorize the Vice President to execute the Main Street Agreement for the Façade Improvement Program. Motion carried unanimously.

Moved Ms. Brown, seconded Mrs. Lewis to approve and authorize the issuance of a Certificate of Appropriateness for Item A (226 North Stratton Street), as set forth in the minutes of the November 14, 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 Mr. Leinbach to authorize the planning director and the solicitor to finalize and advertise for enactment a zoning text amendment and revision of Section 27-1301.2 of the Zoning Ordinance relative to the Borough’s general parking provisions regulating minimum parking space dimensions. Motion carried unanimously.

Moved Mr. Teague, seconded Mrs. Naugle to enact an ordinance amending the Code Enforcement Appeals Board Ordinance in order to expand the jurisdiction of the Appeals Board to hear and determine appeals filed pursuant to Section 706 of the Gettysburg Stormwater Management Ordinance. Motion carried unanimously.

Moved Mr. Teague, seconded Ms. Brown to authorize the solicitor to finalize and advertise for enactment an ordinance amending and updating Chapter 13, Part 4 of the Code of Ordinances regulating Transient Retail Business within the Borough of Gettysburg. YEA: Mr. Teague, Ms. Brown, Mrs. Lewis, Mr. Schindel, Mr. Butterfield, Mrs. Naugle and Mr. Birkner. NAY: Mr. Leinbach. The vote passed 8-1.

Mr. Leinbach expressed his concerns with this ordinance stating the hours need to be longer. 

Mr. Teague announced the police department received a plaque from the Gettysburg College Security in recognition of all their service to the community.

Mr. Teague presented Council with a handout giving ideas for enhancing bike week for review.

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

With no further business to come before council moved Mr. Teague seconded Mr. Leinbach to adjourn the meeting at 9:15 pm.