Gettysburg Borough Council Work Session – 9/26/2022

Borough of Gettysburg
Council Work Session Meeting Agenda
Monday, September 26, 2022 – 7:00 PM
Page 1 of 8
I. Call to Order President Heyser
II. Welcome and Opening Remarks President Heyser
III. Announcements President Heyser
An executive session of the Borough Council of the Borough of Gettysburg was
conducted immediately following the adjournment of the September 12, 2022
monthly general business meeting consistent with section 701(a)(1), 708(a)(2),
section 708(a)(4) and section 708(a)(5) of the Sunshine Act.
An executive session of the Borough Council will be conducted immediately
following the adjournment of this evening’s monthly work session consistent with
section 708(a)(1), section 708(a)(2), section 708(a)(4) and section 708(a)(5) of the
Sunshine Act for the following purposes: (1) to discuss matters involving the
employment, the terms and conditions of employment, and the policies and
procedures for complaints relating to Borough employees; (2) to provide
informational updates and to discuss strategy related to the negotiation of a new
collective bargaining agreement with the International Brotherhood of the
Teamsters Local No. 776 for the Gettysburg Borough Police employees labor
organization; (3) to receive and consider information relative to the proposed
Decision and Order entered by the Hearing Examiner of the Pennsylvania Labor
Relations Board in Case No. PF-C-20-42-E, captioned Teamsters Local Union No.
776 v. Borough of Gettysburg; (4) to receive informational updates on pending
grievances filed by Teamsters Local Union No. 776 on behalf of the Gettysburg
Borough Police employees labor organization; and (5) to review and discuss
matters of Borough business which, if conducted in public, could lead to the
disclosure of information or matters of confidentiality protected by law.
IV. Public Comment – Restricted to Old Business and New Agenda Items (not tabled items)
V. Special Presentation
None.
VI. New Business
A. PML Resolutions Committee Gable
VII. Old Business
A. Zoning Text Amendments – 220001 Event Venue Marshall / Eastman
B. Zoning Revisions RE: TC District Changes Berger
C. PBS 2016-12 Sidewalk Ordinance Revisions Marshall / Heyser
D. PBS 2017-04 Sign Ordinance Revisions Marshall / Heyser
E. Personnel Complaint Policy Heyser
Borough of Gettysburg
Council Work Session Meeting Agenda
Monday, September 26, 2022 – 7:00 PM
Page 2 of 8
VIII. Tabled Old Business (for consideration at future Council meetings)
A. SALDO (with Planning Commission for Revisions)
B. Street Boxes
C. PBS 2016-12 Sidewalk Ordinance Revisions
D. PBS 2016-15 Transient Retail Business Ordinance
E. PBS 2016-40 Satellite Dishes in Historic District
F. PBS 2017-04 Sign Ordinance Revisions
G. PBS 2019-03 Investment and Debt Policy
H. PBS 2019-05 Lefevre Street Parking Lot Agreement with GASD
I. PBS 2019-09 Gettysburg Welcome Center Construction and Management
J. PBS 2020-04 GIL B1 B2 – Chambersburg Storm Sewer Grant
K. PBS 2020-08 Code Enforcement Ticketing
L. PBS 2022-01 Budget Policy – Personnel Spending
M. PBS 2022-03 Fire Code Revisions – Knox Box Ordinance
N. PBS 2022-04 Historic District Replacement Material Revisions
O. PBS 2022-05 Public Safety Ordinance Housekeeping
P. PBS 2022-06 Portable Restrooms
Q. Theft of Services Ordinance
IX. Public Comment (open to items not on the agenda)
X. Adjournment
XI. Executive Session

Borough of Gettysburg
Council Work Session Meeting Agenda
Monday, September 26, 2022 – 7:00 PM
Page 3 of 8
RESOLUTION 120808
RULES AND REGULATIONS OF THE BOROUGH COUNCIL OF THE BOROUGH OF GETTYSBURG
REGARDING CONDUCT OF ALL MEETINGS OPEN TO THE PUBLIC AND THE MAINTENANCE OF
ORDER AT SUCH MEETINGS OF THE BOROUGH OF GETTYSBURG, ADAMS COUNTY,
PENNSYLVANIA.
WHEREAS, pursuant to the laws governing open meetings, 65 Pa.C.S. § 701 et seq. (hereinafter the “Sunshine Act”), an
agency may establish reasonable rules and regulations for the conduct of its meetings and the maintenance of order at such
meetings; and
WHEREAS, the Borough of Gettysburg, Adams County, Pennsylvania (hereinafter the ”Borough”) is an “agency” of the
Commonwealth of Pennsylvania as defined by the Sunshine Act; and
WHEREAS, on December 8, 2008 at a duly advertised general monthly business meeting of the Borough Council of the
Borough of Gettysburg, Adams County, Pennsylvania (hereinafter the “Borough Council”), the Borough Council adopted by
Resolution No. 120808 rules and regulations for the conduct of public meetings of the Borough Council including guidelines
for public comment, conduct and protocol and use of recording devices at such public meetings. Said Rules and
Regulations became effective on January 1, 2009 and have remained in full force and effect since that date; and
WHEREAS, on February 8, 2016, the Borough Council subsequently adopted as its new official rules of order for the conduct
of its meetings The Modern Rules of Order: A Guide for Conducting Business Meetings, Fourth Edition, PBI Press
(hereinafter the “Modern Rules”) to be used as a general guide for the conduct of meetings; and
WHEREAS, the purpose of this document is to update, amend, revise, restate and further set forth the rules and regulations
regarding the conduct of public meetings of the Borough Council and the maintenance of order at such public meetings,
including guidelines for public comment, conduct and protocol and the use of recording devices at such meetings.
NOW, THEREFORE BE IT RESOLVED by the Borough Council of the Borough of Gettysburg, Adams County,
Pennsylvania, and it is hereby adopted by the authority of the same as follows:
1. SCOPE OF PUBLIC COMMENT: The scope of public comment, as defined in the Sunshine Act, shall be limited
to matters of concern, official action or deliberations which are or may come before the Borough Council prior
to its taking official action. These matters are defined by the Borough Code which sets forth the powers and
responsibilities and delineates the corporate and specific powers of the Borough Council. Public comment is
not intended for the purpose of solely reciting or reading legislation, ordinances or other such documents.
2. PROCEDURES FOR ACCEPTING PUBLIC COMMENT:
a. REGULAR OR SPECIAL MEETINGS OF BOROUGH COUNCIL
(1) Resident or Taxpayer: The Borough Council shall provide a reasonable opportunity for public
participation of residents or taxpayers of the Borough at or near the beginning of each regular or special
meeting in order to comment on all matters listed for official action and to comment on any other
matters of concern or deliberation which are or may come before the Borough Council. In the course
of each regular or special meeting, residents or taxpayers of the Borough may also be recognized at
the discretion of the Borough Council president, vice president or president pro tempore (hereinafter
the “presiding officer”), whoever is presiding over the meeting on behalf of the Borough Council, in
order to provide comments or information which may be helpful to the Borough Council in its
deliberations onmatters before the Borough Council and particularly onmatters which have been
added to the meeting agenda following the commencement of the meeting. The Borough Council
shall also provide a reasonable opportunity for public participation of residents or taxpayers ofthe
Borough atorneartheendof eachregularmonthlybusinessmeetingoreach special meeting in order
to comment on all matters listed for official action and to comment onanyothermatters of concern
Borough of Gettysburg
Council Work Session Meeting Agenda
Monday, September 26, 2022 – 7:00 PM
Page 4 of 8
orwhich areormaysubsequently come before theBorough Council.
(2) Non-Resident or Non-Taxpayer: Extending the courtesy of public comment to nonresident ornontaxpayer individuals is discretionary onthepart oftheBorough Council and its presiding officer. If a
nonresident or non-taxpayer wishes to address the Borough Council on a matter for official action
or a matter of concern, the Borough Council may extend the courtesy of public comment and may
want to provide for such comment, especially if the individual has information that may be
helpful or which is in the best interests of the Brough for the Borough Council to receive
and consider.
(3) Time Limits: Thepurpose of a time limit is to assure that allwishing to speak have the opportunity
to do so, that all shall have generally an equal opportunity to speak, that BoroughCouncil shall
receive all comments onmatters for official action prior to voting on such matters, and that the
Borough Council shallbe abletoconduct therequired business of the meeting agenda.
Generally, each person to address the Borough Council shall be provided a maximum of five (5)
minutes.
If a time limit of fewer than five (5) minutes is to be utilized for each person to provide public
comment to the Borough Council at an open meeting, it shall be indicated at the beginning of the
public comment portion of the meeting. In no case shall a time limit of fewer than two (2) minutes
be designated for each resident or taxpayer of the Borough to provide public comment.
If a strict time limit on public comment is to be utilized, the presiding officer shall designate a
timekeeper. The speaker will be told when one (1) minute remains on his or her time to provide
public comment.
If after one-half (1/2) hour public comment has not been completed, the presiding officer may
ask by show of hands those persons desiring to speak to agenda items, and those desiring to
speak to other matters of concern. The presiding officer may, within his or her discretion, defer
public comment on the other matters of concern until the designated public participation period
near the end of the meeting or to the next regular monthly business meeting of Borough Council
or to a special meeting occurring in advance of the next regular monthly business meeting.
(4) Agenda: A resident or taxpayer of the Borough may request to be placed on the agenda for the
public participation period of a regular meeting, special meeting or work session meeting of the
Borough Council. Such request must be made directly to the Borough through the Borough
Secretary a minimum of three (3) business days prior to the date of the open meeting.
(5) Sign-in Form: When it becomes known, either in advance of a meeting or upon arrival to a
meeting, that there may be many persons wishing to comment, theBorough Secretary may have
a sign-in-form available and require that all those present who desire to make public
comment sign up to speak. This form will provide name, address, and indicate whether
the matter is an agenda item for action or other matter of concern.
After review of the sign-in form, the presiding officer shall determine if a time limit of less than five
(5) minutes for public comment of each speaker is required.
Borough of Gettysburg
Council Work Session Meeting Agenda
Monday, September 26, 2022 – 7:00 PM
Page 5 of 8
b. WORK SESSIONS/COMMITTEE MEETINGS:
Work sessions and committee meetings are non-voting meetings held to gather information, work
on items to get ready for consideration of placement on the agenda of a subsequent regular or
specialmeeting, andtopreparetheagendaof itemsforofficial action at a subsequent regular or special
meeting oftheBoroughCouncil. Itshallbe thepolicyofthe Borough Council to provide for a period of
public participation and comment on matters of concern within the allowed scope at the beginning
of each work session or committee meeting. The Borough Council shall also provide a reasonable
opportunity for public participation and comment ofresidents or taxpayers of theBorough at or near
the end of each work session or committee meeting. Given the topic or topics of the work session
or of the committee meeting, the required participation of other professionals or consultants, the
presiding officer or committee chair, as appropriate, may set a time limit on the period for public
participation and comment or may defer public participation and comment to the end of thework
session or committee meeting.
3. CONDUCT AND PROTOCOL:
a. All public comment shall be directed to the presiding officer, who may, at his or her discretion, provide
response as appropriate. This shall include comment related to any presentation made to Borough
Council. In those instances, the presenter, when asked to make responses, shall do so by and through
the presiding officer.
b. If a member of Borough Council has information which he or she wishes to offer, the member may request
to be recognized and then provide the information to the presiding officer. The presiding officer may also,
at his or her discretion, request or offer a member of Borough Council the opportunity to respond to a
comment.
c. The public and the members of Borough Council are at all times to demonstrate mutual respect and
decorum. The members of the Borough Council are not to engage members of the public in argument,
nor are members of the public to speak out from their seat nor engage members of Borough Council in
discussion or argument. Any Borough Council members or members of the public engaging in any such
conduct shall be called out of order by the presiding officer.
d. Comments that make statements of personal attacks or statements that could be construed as being
libelous, slanderous, or that defame the character of any elected or appointed Borough official or any
member of the public shall not be permitted.
e. Comments of a partisan political nature to speak either in favor of or in opposition to any political candidate
shall not bepermitted.
f. On those occasions when a topic or issue is brought forward during a public participation and comment
period that a member of Borough Council would like an opportunity to discuss, the member may request
that Borough Council take up this item under the appropriate category of the agenda for discussion or for
futureaction.
g. The Modern Rules shall be used as a guide for public meetings. However, any actions by the Borough
Council, which may not be in strict accordance with the Modem Rules or these Rules and Regulations,
shall not be deemed invalid or illegal unless and except any federal or state law isviolated.
Borough of Gettysburg
Council Work Session Meeting Agenda
Monday, September 26, 2022 – 7:00 PM
Page 6 of 8
4. USE OF RECORDING DEVICES:
a. Recording devices, including tape recorders, video cameras, television cameras, microphones, cameras,
wireless or cellular telephones, and other similar mechanical, electric or electronic devices shall generally
be permitted in public meetings. However, no recording devices which produce sound which is distracting
to the audience or to meeting participants shall be permitted. No recording devices shall be permitted
prior to the commencement of a public meeting, following the adjournment of a public meeting, during a
recess of a public meeting, during a conference held pursuant to § 707(b) of the Sunshine Act, or during
an executive session of the Borough Council held pursuant to § 708 of the Sunshine Act.
b. Recording devices shall be operated from the area set aside for the general public so as not to interfere
in any way with the activities of the Borough Council or the ability of other members of the general public
to observe the BoroughCouncil.
c. Recording devices shall be positioned only in certain locations designated by the Borough Council or by
the Borough Manager, which designation shall provide reasonable access to record the proceedings
without distraction of blocking the view of the audience and without being affixed to or occupying spaces
on furniture, walls or fixtures in the meeting room.
d. Only available light shall be used for recording devices unless prior approval for additional lighting is
granted by the Borough Manager in consultation with either the president or the vice president (if the
president is unavailable) of Borough Council.
e. Movement about the room while a meeting is in progress may be distracting and bothersome to the
audience and to meeting participants. Persons operating recording devices shall remain in a single,
designated location during the meeting and shall not be permitted to move about in order to record while
the meeting is in progress.
f. No recording device may be operated prior to a meeting being called to order, while ameeting is in recess,
or after a meeting is adjourned.
g. No recording device may be used to record private conversations between audience/ members, elected
or appointed Borough officials or others whose comments or questions are made privately and not
intended for public circulation ordisclosure.
h. Operators of recording devices, who violate these Rules and Regulations and who do not immediately
remedy the violation at the request of Borough Council, shall not be permitted to continue recording during
the meeting.
5. PRIOR RULES AND REGULATIONS SUPERSEDED:
Following the adoption and the taking of effect of these Rules and Regulations, the same shall supersede and
supplant the prior Rules and Regulations adopted by Resolution No. 12808 on December 8, 2008.
6. AMENDMENTS:
The Borough Council may adopt amendments to these Rules and Regulations from time to time in order to comply
with the Sunshine Act or as it deems necessary to further ensure order in the conduct of meetings which are open
to the public.
Borough of Gettysburg
Council Work Session Meeting Agenda
Monday, September 26, 2022 – 7:00 PM
Page 7 of 8
7. POSTING:
A copy of these Rules and Regulations shall be conspicuously posted at the Borough offices at 59 East High Street,
Gettysburg, Pennsylvania 17325.
8. EFFECTIVE DATE:
These Rules and Regulations shall take effect upon adoption and shall be used in the conduct of subsequent
regular and special meetings, work sessions and committee meetings of the Borough Council of the Borough of
Gettysburg.
9. ADOPTED on this 13th day of June, 2016, at a duly at a duly advertised general monthly business meeting of the
Borough Council of the Borough of Gettysburg, Adams County, Pennsylvania.
Borough of Gettysburg
Council Work Session Meeting Agenda
Monday, September 26, 2022 – 7:00 PM
Page 8 of 8
XII. Projects Completed/Passed by Council in 20202/2021:
• PBS 2020-3 Storm Water Ordinance Revisions – Chapter 17
• PBS 2016-28 FEMA Floodplain Ordinance – CAV Report
• PBS 2020-5 Rates, Rules, Regulations Policy Manual for GBSWA
• Letter to Gettysburg, SD RE: Borough position on use of Confederate Flag/Confederate Symbols
• Open Container Resolution on Public Parklets
• Amusement (Electronic Devices) Tax Forgiveness 2020
• Process for Appointing Members to ABCs
• Zoning Text Amendments
• PBS 2018-3 Short Term Rentals
• High Street Brews Subdivision/Alley Vacation
• 2022-2026 Capital Improvement Plan (CIP)
• PBS 2021-5 American Rescue Plan Act of 2021 (ARPA)
• PBS 2021-03 Outdoor Dining Permits
• PBS 2021-02 ADA Space Parking Request
• PBS 2021-01 RPP Parking Request
• PBS 2020-01 Special Events
• PBS 2020-02 Human Relations Ordinance
• PBS 2020-06 APP Only Parking Zones
• PBS 2022-08 Fire Department Recruitment and Retention
• Police Master Sergeant – Creation of a New Rank
XIII. Projects/Initiatives Removed from Consideration or Disposed of by Council in 2020/2021:
• Request to Rename Mayor Alley
• PBS 2016-17 Open Burning Regulations Ordinance
• PBS 2022-07 Domestic Poultry
• PBS 2022-02 Public Consumption of Alcohol Zones (s)
• PBS 2021-04 Block Party in a Box
• PBS 2016-16 Fire Prevention and Fire Protection Ordinance Revisions