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, Mr. Graham Weaver, Ms. Rebecca Brown, Mr. Kyle Leinbach, Mr. Robert Krummerich, Mr. Scot Pitzer and Mayor William Troxell. Staff present included: Manager Charles Gable, Borough Secretary Sara Stull, Solicitor Harold Eastman, Chief Joseph Dougherty and Planning Director Scott Dellett.

Others present included: Darlene Brown, PICPI-ACHA; Wesley Heyser, 226 North Stratton Street; Charles Strauss, 38 West Middle Street; Susan Cipperly, 314 North Stratton Street; Chuck Teague, 125 East Middle Street; and Chris Goodacre, 105 East Broadway. 

Representing the press were Jim Hale of the Gettysburg Times and Richard Fulton of the Gettysburg Spirit. 

An executive session of the Borough Council was conducted immediately following the adjournment of its monthly general business meeting held on December 8, 2014 consistent with section 708(a)(1), section 708 (a)(2) and section 708 (a)(4) of the Sunshine Act. An executive session of the Borough Council will be held immediately following the adjournment of this meeting consistent with section 708(a)(1) and section 708 (a)(2) of the Sunshine Act for the following purposes: (1) to discuss matters of employment relating to the terms, conditions and duties of employment and the evaluation of performance of certain Borough employees; and (2) to receive information related to the arbitration of a collective bargaining agreement with the Teamsters Local No. 776 and to receive information and to discuss strategy relative to a pending grievance filed by Teamsters Local No. 776. 

Moved Mr. Leinbach, seconded Mr. Pitzer to approve the agenda as presented. Motion carried unanimously. 

Moved Mr. Pitzer, seconded Ms. Brown to approve the minutes as presented of the November 17, 2014 Special Council meeting; December 8, 2014 Special Council meeting; and following a correction to page 3 of the December 8, 2014 Borough Council meeting under Mr. Schindel’s report: change Adams County Arts Council to Adams County Office of Planning and Development. Motion carried unanimously. 

Public Comment 

Charles Strauss, 38 West Middle Street, thanked Council for accepting the Nine to Seven Ordinance committee’s comments regarding reducing the members of Council. He noted the process that the Pennsylvania Borough Code outlines for making such a change. Mr. Strauss said that citizens are ready for a change to reduce the number of Council members and hopes that Council will vote in favor of this ordinance tonight.

Wesley Heyser, 226 North Stratton Street, said that he is in support of decreasing the number of Council members from nine to seven. He expressed concern because he said that he heard the motion might be tabled tonight. Mr. Heyser said that if this is tabled until February it would only give Monica Dutko, Voter Registration, four days to prepare the petition necessary for the ballet. He asked that Council take this into consideration and proceed with the vote tonight.

Wesley Heyser also expressed his concern regarding outsourcing or contracting the police department. 

He said that he is in support of a regionalized police force but not outsourcing. Mr. Heyser noted the police study that was conducted revealed that by regionalizing it would benefit the Borough financially on the duplication of administration duties and other items. It would also benefit the officers in terms of advancement. 

He said that if police services are contracted out, it would be difficult to reestablish a police department in the future. Mr. Heyser said that he knows these discussions are very preliminary, but he wanted to share his thoughts. 

President Birkner thanked Mr. Heyser for his comments and said that it is at a preliminary stage, and that there is nothing substantive to report tonight. 

Scot Pitzer said that Mr. Heyser is "spot on", and said that Gettysburg Borough should be the premiere police department in the county. The police study was completed and funded by tax payers’ dollars through the commonwealth, and agreed that it should be seen through fruition. Mr. Pitzer noted that the message received from Cumberland Township last year, said that he is not sure where they stand at this point. 

John Butterfield pointed out that Mr. Straus noted ways for Council to save money in reducing members and said that the line item for elected officials’ supplies is 207 percent of the budget. He stated that Council has over spent the one line item that is applicable to them. Graham Weaver asked what the money was spent for. 

Mr. Butterfield said that he would not list things now, but did say that some expenses were incurred due to a Council member purchasing business cards for approximately $100.00. 

Chris Goodacre, 105 East Broadway, said that the citizens are here tonight by choice, but that Council is here because they chose to be a Council member. She pointed out that Council has done effective things over the years, but said that it is time for a change and that this is such an incremental change. She said that she is in support of the motion to reduce Council and would hope that Council votes yes. 

Susan Cipperly, 314 North Stratton Street, said that she is in support of the motion to reduce Council members from nine to seven. She noted that this has been discussed for many years. Mrs. Cipperly said that there would be a cost savings to the Borough with fewer Council members. She pointed out that other municipalities only have five or seven members and she doesn’t see the need for nine members in Gettysburg.

Mayors Remarks: 

Mayors Troxell announced that the Adams County Boroughs Association meeting is scheduled for Monday, January 19th at the Pike Restaurant. Commissioner Marty Qually is the guest speaker. 

Mayor Troxell reported that in October a delegation from Sekigahara Town, Japan visited Gettysburg. 

He pointed out that Judie Butterfield organized the delegation’s visit and thanked her for all the work she did to make this successful. Mayor Troxell said that he has received a letter recently from Mayor Nishiwaki of Sekigahara Town, Japan stating their interest in forming a Sister City relationship with the Borough of Gettysburg. He said that they also invited a delegation from Gettysburg to visit Japan. Mayor Troxell asked how Council would like to proceed with this request.

President Birkner said that a committee should review the information and that any Council member interested in serving on a committee should contact him, Mayor Troxell, Manager Gable or Borough Secretary Stull. 

John Butterfield noted that the Borough currently has Sister Cities with Gettysburg, South Dakota; St. Mere Eglise, France; Leon, Nicaragua, and Mexico. 

Scot Pitzer asked if there is any funding available in the budget for Sister City expenses. Manager Gable responded that he and the Mayor spoke about this, and that he believes with the vast organizations that there may be ways to privately fund this. 

Council Reports: 

Moved Mrs. Naugle, seconded Mr. Butterfield to enact an ordinance for the purposes of decreasing the number of members of the Borough Council of the Borough of Gettysburg from nine (9) to seven (7) consistent with the petition presented to and filed with the Borough Council on November 10, 2014 and consistent with section 815 of the Borough Code. A roll call vote was taken. 

YEA: Ms. Brown, Mr. Butterfield, Mr. Leinbach, Mrs. Naugle, Mr. Pitzer and

Mr. Birkner. NAY: Mr. Krummerich, Mr. Schindel and Mr. Weaver. The vote passed 6-3. 

At this time discussion took place regarding the reduction of Council members.

Graham Weaver commented that there have been discussions about reducing the number of Council members. He said that he hasn’t heard specific instance that having nine members of Council work to the detriment of the Borough, which could have been alleviated with seven members. Mr. Weaver noted that it isn’t the number of members, but who serves on Council. The only benefit he sees is a decrease of two salaries, and said that he would not support this motion. Mr. Weaver said that the Council members that support this change are the ones that supported the proposed tax increase. He asked that Council table this motion at this time. 

Kyle Leinbach pointed out that at least two of the Council members who signed this petition also voted against the tax increase last year.

President Birkner asked Solicitor Eastman to give a brief overview of the Nine to Seven Ordinance. 

Solicitor Eastman explained that consistent with the provisions of the Borough Code that a special meeting of Council was held on December 8, 2014, where an ordinance was prepared and advertised for enactment at tonight’s meeting. He said that this would provide for two members to represent each WARD, and one member to serve at large. Solicitor Eastman pointed out that the current members in office would remain in office until their term is up. He noted that he spoke with the Adams County Office of Elections and the Adams County Solicitor, and also provided them with a copy of the draft ordinance. Solicitor Eastman pointed out that this is not a referendum matter. He noted that if Council chooses not to take action at tonight’s meeting, it would need to be re-advertised when it comes forward again.

Scot Pitzer asked if he could make a motion to table the Nine to Seven motion and refer it to the Legislative Committee. 

Solicitor Eastman explained that this is not a motion to table. He said that Council would be making a subsidiary motion to postpone to a specific date, or postpone it indefinitely. Solicitor Eastman pointed out that by postponing it indefinitely is essentially a motion to kill this action. 

Jacob Schindel asked why this hasn’t been vetted through a committee. President Birkner responded that this has been in the public and discussed for months. He pointed out that Council has had plenty of opportune time to discuss their concerns. President Birkner noted that the WARD structure is a separate issue from this ordinance. He also noted that if the ordinance passes tonight, nothing would happen until the elections take place. 

Kyle Leinbach asked how this change would affect the committee structure; and if Council is reduced, how many committees would each member serve on and what would their time obligations would be. President Birkner pointed out that Council controls whether to have committees and how many committees and meetings 

are needed. Solicitor Eastman pointed out that there is very little guidance or requirements under the Borough Code regarding the committee system. He said that it is Council’s decision to determine what structure they choose to do their business.

Scot Pitzer asked if there is a provision to overrule the decision of the Chair. Solicitor Eastman asked if he wishes to postpone to a certain time. Mr. Pitzer said that he would like to postpone and reference it to a particular committee to review. Solicitor Eastman said that "a subsidiary motion to postpone to a certain time is the motion by which action on a pending question can be put off within limits, to a definite day, meeting or hour or after a certain event". He said that to defer to a committee is not appropriate. Solicitor Eastman pointed out that Council received a petition from the citizens, and that Council should now proceed. 

At this time Scot Pitzer read his prepared statement regarding the Nine to Seven petition. See attached. 

Jacob Schindel commented that when Charles Strauss spoke about the reduction of Council members from nine to seven, he thought that it was a good idea. He said that now he isn’t sure how it would benefit the Borough, and doesn’t support the motion at this time. Mr. Schindel said that he is not against the idea but would like more time to discuss and think about it. 

Becky Brown said that there won’t be a parallel time for Council to do this until 2019 because of how the election cycles. She supports the motion and feels that Council should proceed.

John Butterfield pointed out the expenses incurred to prepare and advertise the ordinance, and said that it would need to be advertised again if it’s not enacted tonight which would incur more expenses. He also said that he was uncertain as to what Mr. Pitzer was implying with the percentages that he read in his remarks earlier. 

Mr. Butterfield said that the citizens came to Council with a petition requesting to reduce the members from nine to seven. He said that Council should proceed, and urged them to vote on this tonight. 

Susan Naugle commented that in the past seven years the Human Resources Committee has reviewed the committee structure. She also addressed the concerns discussed tonight that the public didn’t have time to comment on the proposed ordinance. Mrs. Naugle said that the public has had the opportunity to speak to Council, and that a valid process has been followed. She feels that it is inappropriate for Council to send it to a committee, and that Council needs to vote on this motion. Mrs. Naugle pointed out that other municipalities have less members on their governing bodies, and that there are only two Senators for the state and three Commissioners for the county and they function just fine. 

Bob Krummerich said that he agrees with his colleagues, and said that more public meetings should be held to explain to the citizens and make sure that they understand what this change means.

At this time a roll call vote was taken. 

Jacob Schindel: 

Legislative 

Jacob Schindel reported that the annual state Adams County Forum is scheduled for January 20th from 6:30 to 8:00 PM in the courthouse hosted by the Commissioners. All Council members are invited to attend. 

Mr. Schindel reported that the State Legislature has resumed sessions. He noted that the inauguration of the Governor elect is scheduled for January 20th. 

Mr. Schindel reported that Representative Moul hopes to be reappointed to the agriculture, tourism, children and youth and game and fish committees. 

Mr. Schindel reported that Senator Alloway recently opened a new office in Hanover on Carlisle Street. His priorities for the next two-year Legislative cycle are state pension and property tax reform. 

Mr. Schindel reported that Representative Boehner was retained as Speaker of the House and Congressman Perry was appointed to the Department of Homeland Security. 

Mr. Schindel announced that the annual Gettysburg Adams Legislative Forum is scheduled for March 13th from 11:00 AM to 1:00 PM. If anyone is interested in attending should contact the Chamber of Commerce. 

Mr. Schindel said that he received from David Bolton, Adams County Boroughs Association, and information regarding Senate Bill 50. They are asking for support from all municipalities to adopt the Industrial Hemp Cultivation Resolution. He will forward copies to Council members for consideration.

Gettysburg Area Recreation Authority Report (GARA) 

Mr. Schindel reported that the GARA Board discussed the MOU renewal, and said that Council may want to discuss the formula to determine its contribution. He pointed out the cost incurred to renew the MOU and said that the only change would be the donation amount each year. It may not be necessary to pay attorneys to have the MOU rewritten for that purpose. John Butterfield agreed that the MOU doesn’t need to be renewed each year because the only change would be the contribution amount. It would save both entities the cost that would be incurred to renew it. 

He also reported that the Board voted to enlist Judy Chambers, Penn State Extension Office to help with developing a strategic plan. He will inform Council when the meetings are scheduled. 

John Butterfield: 

John Butterfield thanked Chris Glatfelter and the Adams County Arts Council for organizing the New Year’s Eve events. He also thanked ACNB Bank, Columbia Gas, Destination Gettysburg, the Gettysburg Eagles Club and Christ Lutheran Church for their contributions to this annual event. 

Finance 

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

Moved Mr. Butterfield, seconded Ms. Brown to adopt a comprehensive fee resolution for the purposes of setting, updating and confirming the Borough’s fees and charges for the issuance of licenses, permits and the provision of municipal services. Motion carried unanimously. 

Susan Naugle expressed concern with the Code Enforcement Appeals Board fee changing from $500 to $700 stating that seems too high.

Moved Mr. Butterfield, seconded Mr. Leinbach to appoint Nicolette James as the delegate and John Butterfield as the alternate delegate to the Tax Collection Committee. Motion carried unanimously.

Moved Mr. Butterfield, seconded Mr. Leinbach to authorize the Finance Director to transfer any monies designated as Fire Tax revenues received from the Borough Tax Collector and tax collection agencies on a continuous basis from the General Fund to the Fire Tax Fund. Motion carried unanimously. 

Moved Mr. Butterfield, seconded Mr. Leinbach to transfer the opening balance for the Debt Service Fund to a Debt Service Fund checking account. Motion carried unanimously. 

Moved Mr. Butterfield, seconded Mrs. Naugle to authorize the Finance Director to transfer the degradation fees as needed. Motion carried unanimously. 

Mr. Butterfield gave a brief review of the financial reports that are included in the Council packets. 

Scot Pitzer said that he heard recently that the Appalachian Brewing Company property tax transfer is exempt because it is a 501c3. Solicitor Eastman said that the transfer was excluded from the imposition of realty transfer tax similar to the sale of the Railroad Station to the Gettysburg Foundation. It’s an exclusion for a transfer to a conservancy or trust which possess a tax exempt status under section 501c3 of the Internal Revenue Code, in which it has as its primary purpose the preservation of land. 

Scot Pitzer also asked if this was budgeted. Bob Krummerich responded no. President Birkner pointed out the recent article in the newspaper reporting that the Appalachian Brewing Company wants to relocate to Steinwehr Avenue. 

Susan Naugle 

Community Development Committee 

Moved Mrs. Naugle, seconded Mr. Butterfield to approve and authorize the issuance of a Certificate of Appropriateness for Item A (297 Steinwehr Avenue), as set forth in the minutes of the December 17, 2014 meeting of the Historic Architectural Review Board consistent with the findings and recommendations of HARB as set forth therein. Motion carried unanimously. 

Moved Mrs. Naugle, seconded Mr. Weaver to approve the full release of financial security, in connection with the Preliminary/Final Land Development Plan for the Gettysburg College – Musselman Stadium Renovation, in the amount of $199,301.30, consistent with the certification letter by the Borough Engineer. Motion carried unanimously. 

Moved Mrs. Naugle, seconded Ms. Brown to direct the Borough Planning Commission to review and to recommend any amendments to the parking, loading and unloading regulations contained in the Gettysburg Borough Zoning Ordinance codified in Part 13 of Chapter 27 of the Borough Code of Ordinances. Motion carried unanimously. 

Moved Mrs. Naugle, seconded Ms. Brown to direct the Planning Department to draft an ordinance amendment to the banner regulations contained in the Gettysburg Borough Sign Ordinance codified in Chapter 19 of the Borough Code of Ordinances. Motion carried unanimously. 

Mrs. Naugle explained that the ordinance needs to be amended to allow for street banners. She said that the information is included in the Policy Briefing provided to Council for review. Mr. Butterfield asked that this be placed on the Public Works Committee agenda for review. He mentioned that the Public Works Director had some concerns that may need to be addressed. 

Main Street 

Susan Naugle pointed out that the Main Street final budget was adopted on December 17, 2014, and is included in the Council packets for review. 

Gettysburg Municipal Authority 

Susan Naugle reported that the GMA budget was approved at their December meeting which included a seven percent increase in water rates. She noted that both well number one and number ten are repaired and now operating. Mrs. Naugle also reported that GMA is currently seeking bids for the sewer interceptor project which may require a bond issuance. 

Gettysburg Inner Loop

Susan Naugle reported that Tom Jolin, HABPI, will provide all members of Council a subscription to the Rails-to-Trails Magazine. 

Susan Naugle provided Council with information regarding the South Mountain Partnership in which Gettysburg is part of that region. She invited Council to attend a meeting on Friday, January 30th at 

Shippensburg University. They will talk about projects that were funded in the past and also upcoming projects. 

Graham Weaver 

USS Gettysburg 

Graham Weaver reported that the USS Gettysburg is currently in Mayport, Florida having repairs completed. They will be conducting tours on the Ship in Florida if anyone is interested in traveling to Florida. 

Becky Brown 

Human Resource Committee

Moved Ms. Brown, seconded Mr. Leinbach to submit Scott Dellett’ s name to the Adams County Commissioners for consideration and reappointment to the Adams County Housing Committee. Motion carried unanimously. 

Moved Ms. Brown, seconded Mrs. Naugle authorizing the Borough Solicitor to prepare an ordinance for subsequent enactment amending various provisions of the Borough Code of Ordinances consistent with a separate Borough Parking Department being empowered to exercise those functions necessary for the administration, supervision and enforcement of the on-street and off-street parking systems and facilities of the Borough of Gettysburg. Motion carried unanimously.

Scot Pitzer asked if parking enforcement is still managed in the police department, and if so for how long. Manager Gable responded yes, stating that the transition won’t happen until the Parking Ordinance is amended. 

Manager Report 

Moved Mr. Leinbach, seconded Mr. Krummerich to adopt a resolution for the purposes of approving the fees of the Borough Tax Collector and approving the Tax Collector's appointment of a deputy tax collector subject to the approval of the Tax Collector's surety. Motion carried unanimously. 

Manager Gable presented Council with a report on the projects and plans he has for 2015. He pointed out that the Early Intervention Program Phase II Grant, which is the technology grant, is proceeding. Manager Gable also reported that the new Freedom Software is about sixty percent implemented. He reported that the auditors are scheduled to begin in late February. 

Manager Gable addressed event planning in regards to functions like parades, stating that this process needs improvement. He stressed that this should be reviewed before the busy tourist season begins in May. 

Manager Gable reported that he is currently working on the Main Street Gettysburg MOU, and said that they will be moving into their new office at the Borough building at the end of January.

Manager Gable said that he has not had a lot of time to work with the Precision Cut Sidewalk Repair Program in 2014. He pointed out that there are challenges with this program, and stated that changes in the ordinance are necessary before it can be implemented. Manager Gable said that perhaps it could be ready by the fall of 2015. 

Borough Secretary 

Secretary Stull asked that when the committee meetings have been established, the information is forwarded to her for proper advertisement. 

Other Business 

Kyle Leinbach asked for an update on the Loring Shultz property in regards to a jazzercise class looking to open a business at that location. Scott Dellett responded that it is not a permitted use under the Zoning Ordinance in the Health Care District. He noted that it would not have been permitted in the proposed rezoning. 

Public Comment 

Darlene Brown, commented that she lives adjacent to the Loring Shultz property, and feels in fairness to him, that we should try and work with him to develop his property. 

Bob Krummerich said that it would take a Zoning Ordinance change to include exercise. 

Kyle Leinbach reported that syringes were found in an alley near South Street.

Darlene also reported that a van with a blue tarp is located near her property that doesn’t have a license plate on it. 

Scott Dellett will instruct the Code Enforcement Officer to check out these issues. 

Moved Mrs Naugle, seconded Mr. Pitzer to adjourn to an executive session at 9:40 PM. Motion carried unanimously. 

Respectfully submitted,

Sara L. Stull, Borough Secretary