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City Council Meeting Minutes

February 21, 2012

Resoutions Approved & Signed

Bills Approved & Signed

 

CALL TO ORDER: City Council convened in a General Committee meeting on February 21, 2012 at 6:30 p.m. in Council Chambers, 1 Marketway West, 3rd Floor, York, PA, to receive general public comment, with the following Council members present: Joanne Borders, Michael Ray Helfrich, Renee S. Nelson, Henry Hay Nixon, Vice President, and Carol Hill-Evans, President, with President Hill-Evans presiding.
 
GENERAL PUBLIC COMMENT
 
Dani Kushla and Kathy Sorandes, York, PA, relayed concerns about illegal recovery houses and how they are unsafe and could lead to increased crime because there is no monitoring or accountability for these types of facilities. Both suggested the city form a task force to address this issue.
 
Charlotte Bergdoll, landlord, York, PA, spoke about citations received by one of her tenants for failure to remove trash, etc. She stated that violations should be mailed to the homeowner – not tenants – because her tenants do not always make her aware of citations received. Ms. Bergdoll also discussed problems with residents subletting their properties then renting floor space to individuals. 
 
There being no public comment, President Hill-Evans adjourned the General Committee meeting and reconvened in Legislative Session at 7:00 p.m., in Council Chambers, 1 Marketway West, 3rd Floor, York, PA, with the following members present: Joanne Borders, Michael Ray Helfrich, Renee S. Nelson, Henry Hay Nixon, Vice President, and Carol Hill-Evans, President, with President Hill-Evans presiding.
 
Members of the Administration in attendance included: Jim Gross, Director of Public Works, Kevin Schreiber, Director of Economic and Community Development, Wes Kahley, Police Chief, and Steve Buffington, Fire Chief. Also present was Assistant Solicitor Don Hoyt.
 
Members of York City Council staff in attendance included: Dianna L. Thompson, City Clerk.
 
Pledge of Allegiance: The Pledge of Allegiance was recited.
 
Approval of Minutes: Council dispensed with the reading of the Minutes of February 7, 2012 and unanimously approved them as written.
 
Correspondence and Announcements: None
 
PRESENTATIONS: None

COMMITTEE MEETINGS SCHEDULED
 
Public Works Committee, Joanne Borders, Chair:Meeting scheduled for Tuesday, March 6, 2012 at 6:00 p.m. in Council Chambers to discuss a proposed resolution to cooperate with the York Area Metropolitan
Planning Organization (YAMPO) on resurfacing of Market St.
 
STATUS OF PRIOR COMMITTEE REFERRALS
 
General Committee, Carol Hill-Evans, Chair: President Hill-Evans reported that Council met in General Committee on Tuesday, February 14, 2012 at 6:30 p.m. in Council Chambers to hear from the city's accounting firm Maillie, Falconiero & Company, LLP, a presentation on the City of York 2010 audit.
 
 
SUBDIVISION / LAND DEVELOPMENT / HARB
 
Motion to introduce as a whole. A motion was made by Hill-Evans, seconded by Nixon, to introduce Resolution No.'s 38 and 39 as a whole. The motion passed unanimously.
 
Resolution No. 38, Session 2012, (View) A Resolution approving the final reverse subdivision plan submitted by CSP York, LLC, to consolidate three parcels into one at 625 E. Philadelphia St. for the Helen Thackston Charter School project, was introduced by Nelson, and read at length.
 
Resolution No. 39, Session 2012, (View) A Resolution approving the final land development plan submitted by CSP York, LLC, to expand the existing school facility known as Helen Thackston Charter School located at 625 E. Philadelphia St., was introduced by Nelson, and read at length.
 
On motion of Nelson, seconded by Nixon, Resolution No.'s 38 and 39 passed by the following vote: Yeas – Helfrich, Nixon, Nelson, Hill-Evans – 4; Abstained – Borders – 1; Nays – 0.
 
Resolution No. 40, Session 2012, (View) A Resolution accepting the recommendations of HARB in issuing a certificate of appropriateness to Kelley Coey, YCDC & Pirhl, LLC, for work to be done at S. George St. and E. College Ave., (George Street Commons Project), was introduced by Nixon, read at length, and on motion of Nixon, seconded by Borders, Resolution No. 40 came up for discussion.
 
Councilman Helfrich asked if this project includes removing parking and adding a storefront.
 
Jessica Fieldhouse, YMCA Resources for Urban Neighborhoods, explained that the project will include five buildings that will house 28 townhomes, a clubhouse, and a grocery store. She said the project area is located on an underutilized parcel, which they plan to redevelop. The design includes a green muse area and one off-street parking space per unit. She did say they would look to structure additional parking at alternative locations but stated that there will be 28 parking spaces on-site.
 
Councilwoman Borders asked if there will be enough parking spaces to accommodate patrons of the grocery store. Ms. Fieldhouse said they would be providing tenants with equivalent space needs but believes there will be more walk-up patrons at the grocery store. She did say parking concerns are understood and they will revisit this issue when designing the land development plan, which will come to Council for approval at a later date.
 
There being no further discussion, Resolution No. 40 passed by the following vote: Yeas – Helfrich, Nixon, Borders, Nelson, Hill-Evans – 5; Nays – 0.
 
Final Passage of Bill No. 3, Ordinance No. 3, Session 2012, (View) An Ordinance amending Article 155.02 “Appropriation” of the Codified Ordinances to reflect a decrease in funding implemented in the 2012 Budget for Martin Library, which was introduced by Helfrich at the February 7, 2012 meeting of Council and read by short title, came up for final passage. On motion of Helfrich, seconded by Nelson, Bill No. 3 came up for discussion.
 
Councilwoman Borders stated that she was not on Council when this proposal was agreed upon but since it has been agreed upon, she would support it. She did say that our youth deserve a safe haven like Martin Library and she appreciates the programs they offer our youth.
 
Councilman Helfrich said since the City is in such a tight budget crunch, he plans to give Martin Library $5.00 out of his own pocket to show his support.
 
Marakay Rogers, resident, opined that Martin Library is one of the most valuable resources offered in our community. She said the expansion to the library was necessary and appreciated and she hopes funding will be increased in the future.
 
Marie Rohleder, resident, said she was upset that funding was decreased because she sees groups of children and adults waiting in line for the library to open. She said this facility is well received in our community and she asked for its continued support.
 
There being no further discussion, Bill No. 3, Ordinance No. 3, passed by the following vote: Yeas – Helfrich, Nixon, Borders, Nelson, Hill-Evans – 5; Nays – 0.
 
Final Passage of Bill No. 4, Ordinance No. 4, Session 2012, (View) An Ordinance amending Article 541 “Dumpster Placement” of the Codified Ordinances to include provisions for dumpster bags, which was introduced by Nelson at the February 7, 2012 meeting of Council and read by short title, came up for final passage. On motion of Nelson, seconded by Nixon, Bill No. 4, Ordinance No. 4, passed by the following vote: Yeas – Helfrich, Nixon, Borders, Nelson, Hill-Evans – 5; Nays – 0.
 
Final Passage of Bill No. 5, Ordinance No. 5, Session 2012, (View) An Ordinance amending Article 717.10 “Removing Dog Excrements” of the Codified Ordinances to require excrements be removed from private property in addition to public property, which was introduced by Nixon at the February 7, 2012 meeting of Council, and read by short title, came up for final passage. On motion of Nixon, seconded by Borders, Bill No. 5 came up for discussion.
 
Councilman Helfrich stated that he has received calls from residents asking if they have to remove dog poop from their own properties. He said, unfortunately, he hasn't been able to receive a straight forward answer on that question.
 
Assistant Solicitor Hoyt said residents must remove dog poop from their properties as required in Article 705.04(b) of the Codified Ordinances. He said this ordinance has been on the books for at least 10 years.
 
Councilman Helfrich stated he feels responsibility of property owners should be included in Article 717 so there is no confusion.
 
Marie Rohleder, resident, said cats should be included in this ordinance too.
 
There being no further discussion, Bill No. 5, Ordinance No. 5, passed by the following vote: Yeas – Nixon, Borders, Hill-Evans – 3; Nays – Helfrich, Nelson – 2.
 
Final Passage of Bill No. 6, Ordinance No. 6, Session 2012, (View) An Ordinance amending Article 729 “Litter in Streams and Waters” of the Codified Ordinances to include the prohibition from littering on public or private property within the city, which was introduced by Nixon at the February 7, 2012 meeting of Council, and read by short title, came up for final passage. On motion of Nixon, seconded by Borders, Bill No. 6, Ordinance No. 6, passed by the following vote: Yeas – Helfrich, Nixon, Borders, Nelson, Hill-Evans – 5; Nays – 0.
 
Bill No. 7, Session 2012, (View) A Bill amending Article 1731 “Historic York,” Subsection 1731.08 “Board Meetings,” of the Codified Ordinances, to change meeting schedule from twice per month to once per month, which was introduced by Hill-Evans at the February 7, 2012 meeting of Council and read by short title, came up for final passage. On motion of Hill-Evans, seconded by Borders, Bill No. 7 came up for discussion.
 
President Hill-Evans reported that there have been many discussions since this legislation was introduced and suggested that Council take this opportunity to ask questions.
 
Vice-President Nixon asked what is the purpose of this legislation.
 
Director Kevin Schreiber explained that HARB voted unanimously to reduce its meeting schedule because there have been times where they didn't have enough cases to call a meeting to take action. He said the once per month meeting structure would allow HARB the flexibility to meet with clients before work is to be done to thoroughly review the HARB process and Secretary of Interior Guidelines for historic preservation with each applicant.
 
Vice-President Nixon said his concern is that applicants would be delayed in starting their projects if they have to wait 3 weeks for approval consideration.
 
Director Schreiber stated that HARB's goal is not to delay the process but to allow HARB enough time to thoroughly review each case, explain historic preservation guidelines, and answer questions from applicants.
 
Councilman Helfrich shared the same concerns as Vice-President Nixon in that he does not want to stifle economic development. He also questioned HARB's willingness and availability to meet more than once a month if applications are received.
 
Michael Miller, resident, supports HARB and asked that Council consider updating the ordinance in its entirety to assistant homeowners while at the same time protecting historic structures.
 
A lengthy discussion ensued on meeting schedules, economic development, and possible project delays that may result by HARB limiting its meetings.
 
Motion to table. Councilman Helfrich requested Bill No. 7 be tabled as he has further questions. Therefore, a motion was made by Helfrich, seconded by Nelson, to table the vote on Bill No. 7. The motion to table passed by the following vote: Yeas – Helfrich, Nelson, Hill-Evans – 3; Nays – Nixon, Borders – 2.
 
Final Passage of Bill No. 8, Ordinance No. 7, Session 2012, (View) An Ordinance amending Article 1761 “Licensing and Inspection of Tenant Occupied Residential and all Institutional Occupancies” of the Codified Ordinances to include provisions for “student housing,” which was introduced by Nixon at the February 7, 2012 meeting of Council and read by short title, came up for final passage. On motion of Nixon, seconded by Borders, Bill No. 8, Ordinance No. 7, passed by the following vote: Yeas – Helfrich, Nixon, Borders, Nelson, Hill-Evans – 5; Nays – 0.
 
Final Passage of Bill No. 9, Ordinance No. 8, Session 2012, (View) An Ordinance amending the 2012 Budget by appropriating revenue and expenditures for the Department of Public Works for the Memorial Park Improvement Project to carry over from the 2011 construction season into 2012, which was introduced by Borders at the February 7, 2012 meeting of Council and read by short title, came up for final passage. On motion of Borders, seconded by Nelson, Bill No. 9 came up for discussion.
 
Director Gross explained that this project started in late 2011 and not as much work was accomplished as anticipated prior to the end of the year. Because of this, he said it is necessary to adjust the 2012 budget for this project. On the Revenue side of the budget, Director Gross explained that the City received a payment for the DCNR grant in the amount of $180,000.00 in 2011. The balance shown for State Government Revenue is what is to be received in 2012. He said the City has also received partial payments on pledges from the York County Convention and Visitors Bureau and the Hoffman Foundation. The expense budget has been adjusted to show what remains to be expended in 2012.
 
There being no further discussion, Bill No. 9, Ordinance No. 8, passed by the following vote: Yeas – Helfrich, Nixon, Borders, Nelson, Hill-Evans – 5; Nays – 0.
 
Final Passage of Bill No. 10, Ordinance No. 9, Session 2012, (View) An Ordinance amending the 2012 CDBG and HOME Budgets to reflect changes resulting from actual funds carried over from 2011 into 2012, which was introduced by Nelson at the February 7, 2012 meeting of Council, and read by short title, came up for final passage. On motion of Nelson, seconded by Helfrich, Bill No. 10, Ordinance No. 9, passed by the following vote: Yeas – Helfrich, Nixon, Borders, Nelson, Hill-Evans – 5; Nays – 0.
 
Final Passage of Resolution No. 35, Session 2012, (View) A Resolution amending fire alarm connection fees, false alarm fees, and Fire Department stand-by fees to become effective March 1, 2012, which was introduced by Nixon at the February 7, 2012 meeting of Council and read at length, came up for final passage. On motion of Nixon, seconded by Borders, Resolution No. 35 passed by the following vote: Yeas – Helfrich, Nixon, Borders, Nelson, Hill-Evans – 5; Nays – 0.
 
Final Passage of Resolution No. 36, Session 2012, (View) A Resolution amending fees in accordance with Article 1501 of the Codified Ordinances for operational permits, construction permits, and plan review fees to become effective April 1, 2012, which was introduced by Nixon at the February 7, 2012 meeting of Council and read at length, came up for final passage. On motion of Nixon, seconded by Borders, Resolution No. 36 passed by the following vote: Yeas – Helfrich, Nixon, Borders, Nelson, Hill-Evans – 5; Nays – 0.
 
Final Passage of Resolution No. 37, Session 2012, (View) A Resolution amending fees in accordance with Article 1761 of the Codified Ordinances to amend licensing and inspection fees for group quarters to become effective April 1, 2012, which was introduced by Nixon at the February 7, 2012 meeting of Council and read at length, came up for final passage. On motion of Nixon, seconded by Borders, Resolution No. 37 passed by the following vote: Yeas – Helfrich, Nixon, Borders, Nelson, Hill-Evans – 5; Nays – 0.
 
NEW BUSINESS
 
Resolution No. 41, Session 2012, (View) A Resolution appointing Marakay Rogers as a member of York City Fire Civil Service Board to serve in said capacity until November 5, 2016, was introduced by Hill-Evans, read at length, and on motion of Hill-Evans, seconded by Helfrich, Resolution No. 41 passed by the following vote: Yeas – Helfrich, Nixon, Borders, Nelson, Hill-Evans – 5; Nays – 0.
 
Marakay Rogers thanked Council for approving her appointment and said she is looking forward to serving the City of York. The City Clerk then administered the Oath of Office to Ms. Rogers.
 
Resolution No. 42, Session 2012, (View) A Resolution appointing E. Hayden Mitchell as a member of the York City Fire Civil Service Board to serve in said capacity until November 5, 2015, was introduced by Hill-Evans, read at length, and on motion of Hill-Evans, seconded by Borders, Resolution No. 42 came up for discussion.
 
(Note: E. Hayden Mitchell's appointment expired November 5, 2011. The 3rd Class City Code Section 4403 does not authorize Fire Civil Service Board members' terms to extend beyond expiration. As there was a delay in reappointment, the position became vacant, which is why this is being declared an appointment instead of a reappointment. )
 
Vice-President Nixon said he has a serious concern with one person being appointed to two city boards. He said Mr. Mitchell also serves on the Police Civil Service Board and although he has no question about his character or ability, he feels Council should be careful and consider others who might be interested in serving.
 
Councilman Helfrich asked if there are any legal issues with someone serving on both the fire and police civil service boards. Assistant Solicitor Hoyt said there are no legal issues.
 
There being no further discussion, Resolution No. 42 passed by the following vote: Yeas – Helfrich, Borders, Nelson, Hill-Evans – 4; Nays – Nixon – 1.
 
E. Hayden Mitchell thanked Council for approving his appointment and that he has served over 10 years on the Fire and Police Civil Service Boards and he looks forward to continuing his service. The City Clerk then administered the Oath of Office to Mr. Mitchell.
 
Resolution No. 43, Session 2012, (View) A Resolution awarding a contract to Kinsley Materials in the amount of $83,375.00 (liquid fuels acct# 22-421-45150-00000) for the purchase of asphalt mixes, was introduced by Borders, read at length, and on motion of Borders, seconded by Nelson, Resolution No. 43 passed by the following vote: Yeas – Helfrich, Nixon, Borders, Nelson, Hill-Evans – 5; Nays – 0.
 
Resolution No. 44, Session 2012, (View) A Resolution awarding a contract to Stewart and Tate, Inc. for equipment rentals on an hourly rate basis for equipment used per contract year (liquid fuels acct# 21-421-44180-10005), was introduced by Borders, read at length, and on motion of Borders, seconded by Nixon, Resolution No. 44 passed by the following vote: Yeas – Helfrich, Nixon, Borders, Nelson, Hill-Evans – 5; Nays – 0.
 
Resolution No. 45, Session 2012, (View) A Resolution awarding a contract to E-Finity Distributed Generation, LLC, in the amount of $519,475.00 (intermunicipal sewer fund acct#: 61-240-44400-0003) for maintenance and support services on the Waste Water Treatment Plant capstone microturbine co-generation system, was introduced by Borders, read at length, and on motion of Borders, seconded by Nelson, Resolution No. 45 came up for discussion.
 
General Manager Steve Douglas explained the microturbine co-generation system, as well as operational and cost comparisons between said system and the internal combustion system. (See memo).
 
Councilman Helfrich asked how many years do we have left before this equipment is paid off.
 
Director Gross answered that this system is already paid for and this agreement is to help maintain our investment.
 
David Jones, resident, asked about specific costs associated with this system, which were answered by General Manager Douglas. He said costs for this service will be paid by all municipalities sharing our sewer system and is not all solely York City taxpayer dollars.
 
There being no further discussion, Resolution No. 45 passed by the following vote: Yeas – Helfrich, Nixon, Borders, Nelson, Hill-Evans – 5; Nays – 0.
 
Resolution No. 46, Session 2012, (View) A Resolution authorizing an agreement with Metropolitan Edison (Met-Ed) to remove one company owned streetlight at 121 Stevens Ave., was introduced by Borders, read at length, and on motion of Borders, seconded by Nelson, Resolution No. 46 passed by the following vote: Yeas – Helfrich, Nixon, Borders, Nelson, Hill-Evans – 5; Nays – 0.
 
Resolution No. 47, Session 2012, (View) A Resolution authorizing a budget transfer within the 2011 budget in the amount of $20,500.00 for the Department of Public Works for engineering services, was introduced by Borders, read at length, and on motion of Borders, seconded by Nelson, Resolution No. 47 passed by the following vote: Yeas – Helfrich, Nixon, Borders, Nelson, Hill-Evans – 5; Nays – 0.
 
Resolution No. 48, Session 2012, (View) A Resolution authorizing a budget transfer within the 2011 budget in the amount of $19,786.00 for the Economic & Community Development Department for other professional services, was introduced by Nelson, read at length, and on motion of Nelson, seconded by Borders, Resolution No. 48 passed by the following vote: Yeas – Helfrich, Nixon, Borders, Nelson, Hill-Evans – 5; Nays – 0.
 
Resolution No. 49, Session 2012, (View) A Resolution authorizing a budget transfer within the 2011 budget in the amount of $9,732.00 for the Economic & Community Development Department for other professional services and architectural/engineering/consultant services, was introduced by Nelson, read at length, and on motion of Nelson, seconded by Borders, Resolution No. 49 passed by the following vote: Yeas – Helfrich, Nixon, Borders, Nelson, Hill-Evans – 5; Nays – 0.
 
Resolution No. 50, Session 2012, (View) A Resolution approving an agreement with the PA Department of Health to continue the dental sealant program for the period of July 1, 2012 through June 30, 2013 in the amount of $46,330.00, was introduced by Nelson, read at length, and on motion of Nelson, seconded by Borders, Resolution No. 50 passed by the following vote: Yeas – Helfrich, Nixon, Borders, Nelson, Hill-Evans – 5; Nays – 0.
 
Resolution No. 51, Session 2012, (View)A Resolution approving an agreement with the PA Department of Health to continue its agreement with the York City Bureau of Health to advance immunization initiatives for city residents for the period of July 1, 2012 through June 30, 2013 in the amount of $275,000.00, was introduced by Nelson, read at length, and on motion of Nelson, seconded by Borders, Resolution No. 51 passed by the following vote: Yeas – Helfrich, Nixon, Borders, Nelson, Hill-Evans – 5; Nays – 0.
 
REQUESTS FOR FUTURE MEETINGS: None
 
COUNCIL COMMENT: None
 
ADMINISTRATION COMMENT: None
 
NEXT MEETING: The next regular meeting of City Council is scheduled for Tuesday, March 6, 2012 at 7:00 p.m. (Public Comment commences at 6:30 p.m.) in City Council Chambers, 1 Marketway West, 3rd Floor, York, PA.
 
ADJOURNMENT: There being no further business, the February 21, 2012 meeting of Council adjourned at 8:30 p.m.