The GAC held its first public meeting on Thursday, December 8, 2005. It was well attended by about three dozen concerned citizens.
Our panel spoke about the most pressing issues of HARB Abuse of Power, unlawful selective enforcement of Borough Ordinances, Police protection, and general mismanagement of the Borough.
The panel consisted of Gene & Debi Golden of Gettysburg Signs Express, Gerry Michaels of Cavalry Realty, and Matt Callery of GettysBike Tours. Peter Bonfanti was scheduled to speak but time constraints did not allow for him at this meeting.
Below is a sampling of what was said:
Coalition Speech – Gene 12/08/05
We have many reasons to be involved in the Gettysburg Action Coalition.
My story seems to be the catalyst for this initial movement, so I feel it is necessary to explain it in a clear, concise way.
My story will be a bit different than many because it mainly involves the First Amendment. But much of what we discuss tonight involves other constitutional issues and property rights. I have retained a law firm that deals with First Amendment issues as they apply specifically to signs. They are a firm that is referred by the International Sign Association. They have given me an opinion on the legality of the Borough Sign Ordinance, and they have been well aware of this campaign as it has progressed. All of my correspondence with them has been viewed and there have been no problems with my interpretations of the law.
I began my protest against Walt Powell, which has subsequently become the “HARB Abuse of Power” Campaign, on October 14 th .
It was started in response to receiving a citation for installing a sign at La Bella's Restaurant. On or before August 10, we requested a permit for La Bella's signs. Walt had threatened me before, that if I didn't like their procedures, he COULD take everything before HARB, instead of “administratively” approving it, which he should have, and could have done. He was true to his word and delayed the sign approval.
On Monday August 15 before the Wednesday 17 th HARB meeting, we received an email from Merry Bush, stating that it was not necessary for Gettysburg Signs or Mr. Cuccuza, the owner, to appear at the meeting since La Bella will be represented by Gary Shaffer, the architect of the project (and a HARB official). For some unknown reason, Mr. Shaffer did NOT represent La Bella's. They therefore tabled the permit until the September 28 meeting – ALTHOUGH they had all of the pertinent information necessary to proceed with the permit. Their own ordinance states that the applicant MAY attend, not that they MUST attend to have the application reviewed.
Finally, on September 28, the application was approved by HARB. HARB is an advisory board. They “pre-approve” signs so Council can vote on the approval at the next Council meeting. It's basically a formality to wait for an “official” ruling by Council so the permit can be issued.
So, the next Council meeting was on Tues. October 11 at 7:30.
That morning, at 9:30, Walt wrote the citation, knowing full well that it was going to be approved at that evening's meeting.
La Bella needed his sign installed because he was moving into his new building and was in the process of tearing down his old building. He was closed for a week or so, and we had a certain time frame in which to work. Because of rain, and the threat of rain for days, I had to install the sign on Sunday Oct. 9. The citation was for $253 because I installed a sign without a permit, a violation of the Gettysburg Ordinance. At least that is what the citation reads. Walt Powell has dogged La Bella's from day one, and he continues to do so even now. It was a personal thing and a vendetta.
Forward several weeks:
As a result of the HARB Abuse campaign, we have been visited by many disgruntled residents and businesses in the Borough. The scope of the campaign has broadened to include much more than signage. We have exposed a general mismanagement of the Borough that has trickled down into many of the Offices here.
As we have researched our defense of the citation, we have uncovered much more than we had imagined. I will outline a few of the most glaring problems that refer to our sign issues directly.
• According to the Ordinance, if a sign is found to be unlawful, the offender has 15 days in which to make it conforming. A sign is not unlawful until it is installed. Technically, La Bella had 15 days to become compliant. Walt took it upon himself to selectively ignore that regulation.
• According to ordinance, if a request for permit is not acted upon for a period of 30-45 days, it is deemed approved.
• Not allowing speech is a violation of the First Amendment. There are very strict laws that govern what a municipality is allowed to restrict.
• Treating one applicant differently than another is a violation of the 14 th .
• And the bombshell is that Walt Powell is no longer a Certified Code Enforcement Officer, and has not been so since July 2004, when the Borough opted into the Uniform Construction Code. As a result, any fines he has imposed since July 2004, are unlawful, and any acts he has performed as CEO, are in my opinion, “impersonating an officer”, and criminal. Essentially, he is not qualified to have issued the citation in the first place.
As far as the Borough Council's involvement, and responsibility in all of this goes, they have been aware of the illegal sign codes for a while now, yet they continue to enforce an unconstitutional and unlawful ordinance. Just because they claim something to be an Ordinance, doesn't necessarily mean that it is a lawful ordinance, or that you are guilty of a punishable crime.
The selective enforcement of signs throughout Gettysburg is a major Constitutional violation that needs to be dealt with soon. We gave them enough information about this yet they decide to do nothing. I guess they thought that I‘d just shut up and go away.
I didn't!
Gene Golden
Matt Callery Speech:
SINCE I BECAME INVOLVED WITH THE GETTYSBURG ACTION COALITION, I, ALONG WITH THE COALITION, HAVE LEARNED MANY DISTURBING THINGS ABOUT THE INNER WORKINGS OF BOROUGH OFFICIALS. OUR SOURCES MUST REMAIN ANONYMOUS TO YOU, BUT THEY ARE SOURCES THAT CAN BE TRUSTED. THESE ARE NOT SIMPLY RUMOURS PICKED UP ON THE STREET. HERE ARE SOME OF THE THINGS WE HAVE LEARNED. LET ME BE CLEAR IN SAYING THAT WE HAVE NOT YET HAD A CHANCE TO INVESTIGATE THESE ITEMS, BUT THE SOURCES ARE VERY RELIABLE:
• IN 2004, CHARLIE STERNER OVERSAW THE PUBLIC WORKS DEPARTMENT, “PW”, AND THE GETTYSBURG MUNICIPAL AUTHORITY, OR “GMA”.
• HE FIRST TOOK $350,000 FROM REVENUE OUT OF THE BUDGET FOR GMA TO GIVE TO PW. IN ORDER TO ACCOUNT FOR THIS MISSING MONEY, HE HAD TO MANIPULATE THE TIME SHEETS OF EMPLOYEES IN ORDER TO LEGITIMIZE THE MONEY GOING TO PW.
• IN ACTUALITY, THE HEADS OF THE DEPARTMENTS DID NOT KNOW THIS AND WERE SPENDING MONEY THEY THOUGHT WAS THERE, BUT WASN'T.
• STERNER STATED, “DON'T WORRY, IT'S JUST ON PAPER.”
• THEN, THE FULL $520,000 WAS TAKEN.
• NOW, THEY HAD TO PROVE THAT ACTUAL WORK WAS DONE BY PUBLIC WORKS ON BEHALF OF GMA AND DOCUMENT IT. TO DO THIS, HE TOOK ½ OF THE GMA DIRECTOR'S SALARY, FROM JULY OF '04, SAYING THAT 50% OF THE TIME SHE WORKED FOR PW. SHE HARDLY EVER WORKED FOR THEM.
• HE TRIED TO USE THIS TO PROVE EVERYTHING WAS ON THE UP AND UP, BUT IT WAS FALSE. NO WORK WAS DONE.
• CHARLIE THOUGHT THIS LOST MONEY WOULD BE COVERED BY THE “PRIVELEDGE TO WORK IN THE BOROUGH” TAX. IT WASN'T. THIS IS AN EXAMPLE OF AN ILLEGAL MISUSE OF FUNDS BEING “FIXED” ON THE BACKS OF THE TAXPAYERS.
• THE DIRECTOR OF GMA, KNOWING THIS WAS ILLEGAL AND FEARING ARREST AND JAIL TIME, RESIGNED. SHE TRIED TO STOP THESE DOINGS, BUT TO NO AVAIL. HER NOT WANTING TO BE ASSOCIATED WITH ILLEGAL ACTIVITY SHE COULD NOT STOP LED HER TO HER RESIGNATION.
• BEFORE SHE LEFT, HOWEVER, SHE MADE TWO COUNCIL MEMBERS AWARE OF THIS. THEY ASKED HER WHAT WOULD HAPPEN? SHE SAID THAT ONE OF TWO THINGS WOULD HAPPEN. 1) THE BOROUGH WOULD BE OUT $250,000 OR 2) [QUOTE] “YOUR HOUSE WILL NOT BE IN ORDER WITH ILLIGITIMATE CHARGES AGAINST GMA.”
• MR. STERNER NO LONGER HAS ANY AUTHORITY OVER GMA OR PW, BUT HE DOES HAVE ACCESS TO YOUR MONEY AND EMPLOYMENT BY THE BOROUGH.
• MR STERNER HAS A GAS CARD TO BE USED FOR TOWN USE. HE CONSISTANTLY USES IT FOR PERSONAL USE, LIKE GOING TO HIS CABIN.
• HE HAS USED THE REPAIR SHOP THAT THE POLICE USE FOR THE PATROL CARS FOR HIS PERSONAL USE.
• A POLICE OFFICER SAW HIM TAKING THINGS FROM THE BOROUGH SHED. THESE THINGS WERE NEVER RETURNED. SO, THEY WERE STOLEN.
• AND FINALLY, HE USES A PRIVATE INVESTIGATOR TO INVESTIGATE EVERYONE THAT WORKS IN THE BOROUGH. WHEN THE DIRECTOR OF GMA RESIGNED, MR STERNER SAID SOMETHING TO HER THAT NO ONE IN GETTYBSURG WOULD KNOW ABOUT HER, DUE TO THE FACT THAT SHE WASN'T FROM HERE. WHEN SHE ASKED HOW HE KNEW WHAT HE SAID, HE RESPONDED, “I KNOW EVERYTHING ABOUT EVERYBODY IN THIS TOWN.” PERHAPS THAT IS WHY HE HAS SO MUCH INFLUENCE OVER PEOPLE.
I HAVE SPOKEN TO MANY BUSINESS AND PROPERTY OWNERS HERE—WE ALL HAVE. THEY TELL STORIES OF ABUSE AND INTIMIDATION WHICH TEETER ON THE SEE-SAW OF LEGALITY. THEY TELL THEIR STORIES WITH ANGER AND HURT IN THEIR VOICES. BUT WHEN CALLED UPON TO FIGHT BACK, THEY BECOME QUIET, AFRAID.
LADIES AND GENTLEMEN, YOU DO NOT NEED ANY OF US UP HERE TO TELL YOU WHAT BOROUGH OFFICIALS HAVE DONE OR SAID TO US AT DIFFERENT TIMES IS WRONG. WE KNOW IT IN OUR GUTS. BUT GUTS ARE THE ONE THING WE HAVE LACKED THUS FAR. GUTS TO STAND UP FOR WHAT IS RIGHT. TO STAND UP FOR PROERTY AND PRIVACY RIGHTS THAT ALL AMERICANS ARE GUARANTEED. BUT MOST OF ALL, TO STAND UP FOR YOURSELVES.
YOU'RE FAMILIAR WITH THE SAYING “THE LORD GIVETH AND THE LORD TAKETH AWAY.” WELL, IN POLITICS, “THE LORD” IS THE VOTER AT THE BALLOT BOX. YOU HAVE GIVEN FAR TOO MUCH. NOW IT IS TIME TO TAKE IT ALL AWAY. YOU HAVE GIVEN THESE PEOPLE THEIR JOBS, REPEATEDLY, IN SOME CASES; YOU HAVE GIVEN THEM THE FREE REIGN TO TREAT YOU UNFAIRLY. YOU HAVE GIVEN UP YOUR RIGHTS AS AN AMERICAN CITIZEN. WHY? IS IT THAT YOU DON'T CARE? I DOUBT THAT. EACH PERSON I HAVE MET HERE IS FIERCELY INDEPENDENT. MANY OF YOU OWN BUSINESSES AND HOMES. YOU ARE NOT THE TYPE WHO DO NOT CARE. BY YOUR NATURE AS OWNERS YOU HAVE MUCH IN THIS TOWN TO CARE ABOUT. AND THE POWERS THAT BE KNOW THIS. AND IN KNOWING THIS, THEY THREATEN, WAIT OUT, AND INTIMIDATE US. SO THEN, IT MUST BE FEAR. IF IT IS, THEN IT IS BEING AFRAID OF A GOVERNMENT THAT IS NOT ACTING LEGALLY— THEY'RE WRONG! WE SHOULD NOT FEAR THEM FOR THEY HAVE NO RIGHT TO DO HALF THE THINGS THEY HAVE DONE.
WHILE WE ARE WORRYIN ABOUT WHETHER OR NOT WALTER POWELL OR BOROUGH COUNCIL WILL HIT US WITH FINES OR HARASS US IF WE STAND UP FOR OURSELVES, WE HAVE REAL THINGS TO WORRY ABOUT. I AM TALKING ABOUT THE MISTREATMENT OF OUR POLICE FORCE BY THE BOROUGH. BECAUSE THE BOROUGH COUNCIL WOULD RATHER SPEND ALL IT HAD IN THE BANK, AND CREATE JOBS BUT NOT DO ANYTHING TO AFFECT ITS REVENUE SO THEY COULD SUPPORT THOSE JOBS, THE POLICE DEPARTMENT AND ULTIMATELY OUR SAFETY SUFFER.
TWO MOTORCYCLES WERE DONATED TO THE DEPARTMENT AND $2500 WAS GIVEN TO THEM SO THAT THEY MAY BUY UNIFORMS. BOROUGH COUNCIL TOOK THAT 2500 AND PUT IT INTO THE GENERAL FUND. THEY PROMISED TO BUDGET THE POLICE DEPARTMENT THE 2500 THE FOLLOWING YEAR. THEY NEVER DID. SO THE POLICE DEPARTMENT HAD TO SPEND THAT 2500 FROM A BUDGET THAT DID NOT HAVE IT FIGURED IN. OTHER ISSUES ARE:
• THAT THE LACK OF FUNDING PROHIBITS THE POLICE DEPARTMENT FROM BEING ABLE TO PROPERLY RECRUIT, TRAIN AND EDUCATE THEIR OFFICERS.
• THEIR RADIOS ARE INFERIOR AND CUT OUT IN CERTAIN PARTS OF TOWN.
• WE CAN'T AFFORD TO PROPERLY EQUIP THE POLICE WITH RADIOS, BUT CHARLIE STERNER CAN APPROVE AND COMMISSION THE PRODUCTION OF A NEW TOWN LOGO AND HAVE UNIFORM PATCHES AND EMBLEMS FOR PATROL CARS MADE. HOW MUCH DID THIS COST US?
THE 2000 CENSUS SAYS THERE WERE 5,781 PEOPLE IN CUMBERLAND TOWNSHIP. STRABAN TOWNSHIP HAD 4,539. GETTYSBURG HAD 7,490. IN 2000 ADAMS COUNTY HAD 91,292 PEOPLE. ITS 2004 ESTIMATE IS 98,322. ONE CAN CONCLUDE THAT GETTYSBURG, STRABAN AND CUMBERLAND'S ESTIMATED POPULATIONS ARE LARGER AS WELL. IF THE PROPORTIONS STAY THE SAME, WE CAN ASSUME THAT WE STILL HAVE MORE PEOPLE RESIDING IN GETTYSBURG THAN IN STRABAN OR CUMBERLAND TOWNSHIPS. YET WE HAVE AROUND TEN OFFICERS ON THE FORCE. THE BUDGET DOES NOT ALLOW FOR MORE THAN THREE OFFCIERS TO BE ON DUTY AT ONCE. WHEN HELP IS NEEDED, WE CALL ON STRABAN OR CUMBERLAND TOWNSHIP. WHAT YOU MAY NOT KNOW IS THAT THEY HAVE THE RIGHT OF REFUSAL. SO IF ONE OF THESE TOWNSHIPS HAS A PROBLEM SIMULTANEOUSLY WITH GETTYSBURG, THERE CAN BE BIG PROBLEMS.
NOW, THOSE NUMBERS I GAVE YOU, DO NOT INCLUDE TOURIST OR STUDENT POPULATIONS.
THE NATIONAL PARK'S NUMBERS FOR 2004 WERE 1,798,820 VISITORS. BROKEN DOWN BY MONTH BETWEEN APRIL AND AUGUST THE NUMBERS START AS HIGH AS 250,849 IN APRIL, DOWN TO 139,235 IN AUGUST. NOT ONLY FOR OUR OWN SAFETY, BUT FOR THE SAFETY OF OUR GUESTS— WHO WE WOULD LIKE TO HAVE RETURN— SHOULD WE HAVE MORE POLICE ON DUTY. BUT THE BOROUGH DOESN'T COUNT RENTERS, STUDENTS OR TOURISTS IN THE POPULATION. THEY ONLY COUNT PROPERTY OWNERS, WHICH IS HOW THEY GET AWAY WITH A SKELETAL POLICE FORCE.
BEFORE I CLOSE, I WOULD LIKE TO POSE A FEW QUESTIONS TO YOU THAT I, FOR ONE, WOULD LIKE AN ANSWER TO.
• WHY, WHEN ASKED ABOUT CERTAIN BUDGETING ITEMS DID CHARLIE STERNER SAY, [QUOTE] “WE DON'T TALK ABOUT THOSE THINGS?” WHY NOT? IT'S NOT HIS MONEY.
• WHY IS THERE A CONFIDENTIAL REPORT ON DEPARTMENTS, ORDINANCES AND THE COLLEGE AND WHAT DOES IT SAY?
• AND WHY DOES THE BOROUGH GIVE MAIN STREET GETTYSBURG $25,000-$50,000 A YEAR WHEN THEY ALREADY RECEIVE FEDERAL MONIES? PERHAPS SO MAIN STREET WILL TREAT GETTYSBURG'S CITIZENS UNFAIRLY AS WELL?
THOSE ARE ALL JUST OUT OF CURIOSITY.
IN CONCLUSION, I STAND HERE BEFORE YOU AS SOMEONE WHO BROUGHT A BUSINESS HERE BECAUSE I BELIEVED THIS WAS A GREAT TOWN TO WORK, LIVE AND EVENTUALLY START A FAMILY IN. I BELIEVE THAT TO STILL BE TRUE, AS FAR AS THE PEOPLE OF THE TOWN GO. BUT THE WAY THINGS ARE RUN HERE, IF THEY PERSIST AND GET WORSE, WHICH THEY WILL—THINGS ALWAYS GET WORSE BEFORE THEY GET BETTER— THEN, I MUST SAY, I WILL NOT BUY PROPERTY HERE. PERHAPS OUTSIDE OF TOWN, BUT TO GIVE MY TAX DOLLARS TO THE BOROUGH TO BE SQUANDERED, OR EVEN WORSE, MAKES ME SICK TO MY STOMACH AND ENRAGED WITH ANGER. THAT THE COUNCIL MEMBERS' ARROGANCE IS RECOGNIZED BY ALL OF US, AND YET ALLOWED TO CONTINUE WITHOUT RECOURSE SADDENS ME. NEVERTHELESS, WE IN THIS ROOM, WE BRAVE FEW, HAVE ONE THING ON OUR SIDE THAT ALL THE MEMBERS OF THE BOROUGH COUNCIL, WALT POWELL AND CHARLIE STERNER COMBINED CAN'T MATCH, AND THAT IS RIGHT . WE ARE RIGHT FOR WE HAVE BEEN WRONGED AND NOW I ASK YOU TO STAND UP, IF NOT WITH US , THEN FOR YOURSELVES , WITH THAT YOU CAN NEVER GO WRONG. LET'S SEND A MESSAGE TO THE BOROUGH COUNCIL THAT THEIR DAYS OF PUSHING US AROUND ARE OVER. WE DEMAND THAT THEY WORK WITH US, OR FACE THE CONSEQUENCES.
THANK YOU
Matt Callery
AGENDA:
Town Meeting Agenda
December 8, 2005
Welcome and Introduction of speakers
Brief History - Gerry Michaels
A New Campaign - Gene Golden - speech
What do we hope to achieve? Debi
1. Public Awareness - Share this information with others
2. Support / Assistance
Attend Monday's council meeting 7:30
Sign in at front - join the Coalition
3. Documentation - fill in form leave here tonight
Gettysburg HARB vs. National Guidelines - Gene
Walter Powell - Debi
Public Safety & Other Disturbing Information - Matt Callery
Boro Budget and Tax Increase - Debi
What do we do Next?
Choices:
1. Work with Administration - Ask for open public meeting within 60 days possible with arbitrator where council and Manager answer questions.
2. Ask Attorney General to help investigate the situation.
3. Proceed with Recall Election
VOTE NOW
Adjourn for open discussion
We will include other literature as we can upload it.