Council Meeting - Special
President Michael Birkner called the meeting to order at 6:00 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: Borough Manager Charles Gable, Borough Secretary Sara Stull, Solicitor Harold Eastman, Finance Director Nicolette James and Planning Director Scott Dellett.
Others present included: Wesley Heyser, 226 North Stratton Street; Charles and Elizabeth Strauss, 38 West Middle Street; Conor Brooks, Gettysburg College, Box 323; Mariah Adams, Gettysburg College, Box 8; Steve Hemler, 535 York Street; Stan Clark, 915 Fairview Avenue; Mike Shestok, 264 Baltimore Street; Marty Qually, 107 West Broadway; Chuck Teague, 125 East Middle Street; Andrew Miner, 322 Gettys Street; Gregory Kinsopp, 325 North Washington Street; Chris and Rodger Goodacre, 105 East Broadway; and Richard Fulton, 841 Johns Avenue. Jim Hale was representing the Gettysburg Times.
President Birkner announced that an executive session of the Borough Council will be held immediately following the adjournment of this special meeting consistent with section 708(a)(1) of the Sunshine Act for the purpose of discussing matters involving the employment and the terms, conditions and duties of employment of certain Borough employees.
President Birkner opened the meeting and explained that the purpose of the special meeting is to review and consider, and also to receive public comment regarding the petition that was presented to Borough Council concerning the reduction of nine Council members to seven members.
Public Comment:
Mike Shestok said that he is not opposed to reducing Council members from nine to seven members. He did say, however, that he feels the three Wards should remain in place.
Charles Strauss addressed Council and said that the 9-7 group that submitted the petition last month feels a reduction in Council would "create a leaner and more deliberative body." He pointed out that this was not aimed at the current members of Council or anyone individually. Mr. Strauss said that the current size can be "unwieldy and that the reduction would allow meetings to be conducted more expeditiously." He also noted that it is important to retain the Ward system because it helps ensure that Borough Council represents a diverse set of Borough residents. Mr. Strauss pointed out that the 9-7 group did not get information regarding eliminating the Ward System as it was not an issue that was discussed with those who signed the petition.
Marty Qually noted that the Borough of Gettysburg has the more unique challenges than the other Adams County municipalities. He said that as a former Council member, he feels that seven members would be a good representation for Borough residents, and said that sometimes over seven can get unwieldy. Mr. Qually said that the residents would still have a venue to talk, and they would not be losing anything but would gain a clearer voice. He said that he supports the reduction of Council members.
Wesley Heyser said that he feels the petition gathering process was a "very good example of a non-partisan effort." He said that he researched other area municipalities and couldn't find nine members, including areas that are larger than Gettysburg. He feels that seven members is a reasonable number, and it would be easier to work with. Mr. Heyser did express the importance of keeping the Ward System, and noted the distinct areas of the Borough. He said that he is in support of the reduction of members, but encourages Council to keep the Ward System intact.
Chris Goodacre said that she helped with the petitioning, and pointed out the overwhelming number of people that were very interested in this reduction. She pointed out that many of the citizens that she spoke to were very knowledgeable, and had taken the time to educate themselves on this issue. Mrs. Goodacre said that of everyone she spoke to, only one person that she approached was not interested in signing the petition, and four others who did not feel that they were well-informed enough to sign. Mrs. Goodacre said that citizens did express the importance of keeping the Ward System.
Andrew Miner said that he is not opposed to the reduction of Council members. He said that change is good and he feels this is energizing the town.
At this time President Birkner asked members of Council if they had any comments regarding the petition to decrease the number of Borough Council members. He pointed out that the meeting is to discuss the reduction of the number of members and not to eliminate the Ward System.
Graham Weaver offered his opinion stating that this may have generated from the climate in America today that there is distrust and unhappiness with government at all levels. Mr. Weaver said that the only impact he sees from this proposal is that the Borough would save $5,000 with the reduction of two members. He went on to say that it's not the number of members on Council but having the right people serve. The citizens must choose who are the best people to do the work that is expected of Council. Mr. Weaver also noted that the U. S. Supreme Court has nine members and they seem to function reasonably well with more issues than we do.
Bob Krummerich said that this was discussed in 2009 during his previous tenure on Council, and that he also opposed it at that time. He said that the three Wards bring diversity to Council. Mr. Krummerich said that he is hesitant about a reduction, and noted that representation is needed in order to serve everyone from homeowners to business owners.
Scot Pitzer asked the 9-7 group that petitioned the residents where they got the idea to do this, specifically the two members in each Ward and one at-large member. Wesley Heyser said that he reviewed the Borough Code, and if the Borough was founded today, it would have seven members based upon the size of the Borough. He pointed out that the Borough Code requires an odd number of members. Marty Qually said that it was discussed during his time on Council, and that he looked into the concept of home rule charter for the Borough of Gettysburg. He said that he learned during that process that you could change the number of members, and noted that State College did this.
Scot Pitzer noted that the petition is to reduce the number of Council members from 9-7; but, it would be Council's decision, however, to eliminate Wards. If Council decides to eliminate Wards, then we would be required to go from 9-7 members. Solicitor Eastman responded yes if the Ward's were eliminated than the members would reduce to seven.
Solicitor Eastman noted that he has consistently reported this process and procedures to Council in his status report. He explained that the requirement in Section 815 of the Borough Code states that you can reduce to not less than seven members. Solicitor Eastman said that he has reviewed the petition and that it is legally sufficient to get the issue in front of Council; and pointed out that this is not a referendum issue. He said that it is within the discretion of Council to make a determination if it is in the best interest of the Borough to enact an ordinance reducing the number of Borough Council members.
Solicitor Eastman pointed out that tonight's meeting is for consideration and deliberation only, and that Council would need to authorize the preparation of an ordinance to be enacted at a future date to reduce the number of Council members.
Graham Weaver asked if the motion could be amended to require a referendum at the next general election. Solicitor Eastman responded that this is not a matter under Borough Code for a referendum. He said that the Borough is a creation of the state, and that state law empowers the Council to decide whether to reduce its members.
Bob Krummerich asked if Council would want to increase its members in the future, how difficult would it be to make that change. Solicitor Eastman said that there is a provision in the Borough Code to increase members; however, there is a limitation not exceeding to two members per Ward. So based on that provision you would not be able to go back to three members in each Ward.
John Butterfield said that he supports the petition to reduce the number of members on Borough Council. He thanked Charles Strauss for the time he put into this petition. (See attached prepared statement that John read.)
Susan Naugle noted that she felt even before coming on Council that the members should be reduced. She said that she researched other municipalities and hasn't found anyone with nine members. Mrs. Naugle pointed out that there haven't been competitive elections, and when elections are contested, the candidates have an incentive to "go door to door and talk to people." She said that she supports this petition to reduce the number of Council members.
Kyle Leinbach said that he did sign the petition and does support reducing the number of members; he noted, however, that he hasn't seen any statistical evidence. Mr. Leinbach also noted that the lack of opposition could be construed as support for incumbents.
President Birkner commented on a statistical point of view that a good number of college students don't vote or run for office. He said that it is documented that younger people don't vote. Some discussion ensued as to whether the young people and college students take the time to vote.
Graham Weaver asked Mayor Troxell how many times he has had an opponent when he ran for office. Mayor Troxell said this is his fifth term, and that he only had an opponent during his first election. Mr. Weaver noted his point being that if "offices are not contested then the office of Mayor could be eliminated under that philosophy."
Mayor Troxell noted that in 1806 when the Borough was founded, there were five members on Council. He said that existed for a number of years but expanded, because people wanted more members available to them.
Scot Pitzer asked what the procedure is for eliminating the Ward System. Solicitor Eastman responded that a procedure can be initiated by Council authorizing and enacting an ordinance to eliminate the Ward System. He said it is not done by a petition.
Jacob Schindel commented that when Alice Estrada resigned from Council, there were four candidates for her seat. He said it was a contentious race for this Ward, and feels that there will be easy and difficult races at times. Mr. Schindel noted that he lost two times before getting elected to Borough Council.
President Birkner asked members at this time to vote on the petition to reduce the members of Council. He said that Council should consider whether they feel the Borough will be better served with seven or nine members.
Moved Mr. Butterfield, seconded Mrs. Naugle to authorize the solicitor to prepare, finalize and publish a proposed ordinance for enactment at the January 2015 monthly general business meeting of the Borough Council 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, Mr. Schindel and Mr. Birkner. NAY: Mr. Krummerich and Mr. Weaver. Motion passed 7 YEA/2 NAY.
With no further business moved, Mr. Butterfield, seconded Mr. Leinbach to adjourn the meeting at 6:45 PM.
Respectfully submitted,
Sara L. Stull
Borough Secretary