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City Council Meeting Minutes

November 3, 2010

CALL TO ORDER: City Council convened in a General Committee meeting on Wednesday, November 3, 2010 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: Renee S. Nelson, Henry Hay Nixon, Toni Smith, Carol Hill-Evans, Vice President, and Genevieve H. Ray, President, with President Ray presiding. (Note: The meeting was held on Wednesday in observance of Tuesday's General Election.)


GENERAL PUBLIC COMMENT

Rebecca Jackson, President, Opportunity Inc., O.H.C.D., invited the public to attend the “Foreclosure Intervention Workshop” on Saturday, November 20, 2010 from 9:00 a.m. - 3:00 p.m. at the Lincoln Charter School, 559 W. King St., York, PA. Residents will be able to meet with GMAC, PNC, and Freddie Mac service lenders and counselors regarding mortgage delinquency and foreclosure. For more information, please call (717) 650-0513.

Joe Stein spoke in support of the zoning ordinance rewrite and applauded all involved for their countless hours of hard work. He did say that the Alliance of Neighborhood Associations (ANA) does not represent the Devers Neighborhood Association (DANA) in the matter of the proposed zoning re-write, so any comments by them related to the draft zoning ordinance are solely ANA comments, not DANA's. Mr. Stein then announced that Bring on Play (BOP) will host a community meeting on November 30, 2010 at 7 p.m. at Westminster Presbyterian Church to discuss BOP's 2011 project at Westminster Park.

Steve Young spoke about Firefighter Jason Rhoades whose vehicle was struck by a hit and run driver. Although firefighter Rhoades' injuries were not life threatening, Mr. Young wanted to express his concern. Next, Mr. Young discussed the actions of a “law-abiding, gun-owning citizen” who basically helped capture the alleged “Scream Bandit.” He said this citizen should have been praised for his actions instead of buried in the newspaper. Lastly, Mr. Young said he was disappointed by the newspaper's coverage of the suspicious package found in downtown York last week.

Franklin Williams said he is pleased to see a police officer assigned to Council meetings but still questions why it takes three police officers to patrol Market St. Mr. Williams then applauded Stewart and Tate Construction for doing such a great job resurfacing E. Philadelphia St. but said it's too bad the street wasn't leveled properly with the metal manhole covers. He suggested the metal covers be painted yellow or bright orange to alert drivers. Lastly, Mr. Williams fears that the curb bump-outs at the intersection of Beaver and Philadelphia Streets will be ruined by cars driving over them.

A final “public comment” speaker addressed Council following the conclusion of business in Council’s Legislative Session. E. Hayden Mitchell, Chairman of the York City Fire Civil Service Commission, spoke out about the recent rash of deaths-by-fire directly attributable to inoperable smoke detectors. He suggested legislation be considered to require hardwired smoke detectors be installed in properties as an effort to prevent these types of senseless deaths.

President Ray 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: Renee S. Nelson, Henry Hay Nixon, Toni Smith, Carol Hill-Evans, Vice President, and Genevieve H. Ray, President, with President Ray presiding.

Members of the Administration in attendance included: Jim Gross, Director of Public Works, Kevin Schreiber, Director of Economic Development/Acting Director of Community Development, Michael O'Rourke, Business Administrator, and Chief Wes Kahley, Police Department.

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 October 5, 2010 and unanimously approved them as written.

Correspondence and Announcements: President Ray read correspondence and announcements.

PRESENTATIONS: None

COMMITTEE MEETINGS SCHEDULED

General Committee Meetings, Genevieve H. Ray, Chair:

Wednesday, November 3, 2010 , 6:00 p.m. - Meeting in Council Chambers to discuss current thinking regarding the capital improvements bond issue/projects.

Tuesday, November 9, 2010 , 6:30 p.m. - Meeting in Council Chambers to hear information on the audit report.

Tuesday, November 16, 2010, 6:00 p.m. - Meeting in Council Chambers to hear capital improvements bond issue status report from the Administration.

View Schedule-E – For detailed listing of committee meetings.


STATUS OF PRIOR COMMITTEE REFERRALS:

Community Development Committee Meeting, Carol Hill-Evans, Chair: Bill No. 33 (View) amending in its entirety, Part 13 of the Codified Ordinances, entitled the “City of York Zoning Ordinance and Zoning Map” and Resolution No. 125 (View) amending the Strategic Comprehensive Plan to make it consistent with the draft Zoning Ordinance amendment, were both referred to the CD Committee. Please see attached Schedule-E for meeting dates, which are subject to change. (Schedule-E)A motion was made by Ray, seconded by Hill-Evans to introduce Resolutions No. 131 and 132. The motion to introduce both Resolutions passed unanimously.

SUBDIVISION / LAND DEVELOPMENT / HARB

Resolution No. 131, Session 2010, (View) A Resolution approving the final subdivision plan submitted by the York County Industrial Development Authority (YCIDA) conveying an 824 sq. ft. tract of land owned by the General Authority to the YCIDA at 37 W. Philadelphia St. (former F.O.E. Building).

Resolution No. 132, Session 2010, (View) A Resolution approving the final land development plan submitted by the York County Industrial Development Authority to construct a new entrance and elevator at the former F.O.E. Bldg. located at 37 W. Phila. St.

Resolutions No. 131 and 132 were introduced by Hill-Evans, read at length, and on motion of Hill-Evans, seconded by Smith, Resolutions No. 131 and 132 came up for discussion.

Motion to amend. A motion was made by Ray, seconded by Hill-Evans, to amend Resolution No. 131 to include the following language: “WHEREAS, said small section of land owned by the General Authority is located within Parcel No. 03-04-101-0003, at 25 W. Philadelphia St.; and in accordance with the Final Subdivision Plan will become part of Parcel No. 03-04-101-0008; amending the property at 35-37 W. Philadelphia St. (owned by the Industrial Development Authority); and”...The motion to amend passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

Blanda Nace, YCIDA, explained that the subdivision plan will amend the property at 35-37 West

Philadelphia St. (Parcel No. 03-04-101-0008) with an 824 sq. ft. tract of land that is being subdivided from 25 W. Philadelphia St. (Parcel No. 03-04-101-0003). The land development plan reflects construction of an elevator and ADA ramp addition to the existing "notch" in the building at 35-37 W. Philadelphia St.
There being no further discussion, Resolutions No. 131 and 132 passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

Resolution No. 133, Session 2010, (View) A Resolution accepting the recommendations of HARB in issuing a permit to Murphy & Dittenhafer Architects for work to be done at 37 W. Philadelphia St., and Joe Musso for work to be done at 48 N. Beaver St., was introduced by Ray, read at length, and on motion of Ray, seconded by Hill-Evans, Resolution No. 133 passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

FINAL PASSAGE OF BILLS / RESOLUTIONS

Final Passage of Bill No. 32, Ordinance No. 31, Session 2010, (View) A Bill amending the 2010 Budget in the amount of $17,834.00 for a JAG grant received to cover police overtime details, which was introduced by Nelson at the October 19 meeting of Council and read by short title, came up for final passage. On motion of Nelson, seconded by Nixon, Bill No. 32, Ordinance No. 31, passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.
NEW BUSINESS

Pulled from the agenda: A Bill approving the issuance of a 2010 General Obligation Bond in the amount of $18,500,000.00 for capital improvements projects (View) was pulled from the agenda and referred to the General Committee. Meetings to be held in accordance with Schedule-E.

Resolution No. 134, Session 2010, (View) A Resolution adopting and implementing the City of York Emergency Operations Plan (EOP), was introduced by Nelson, read at length, and on motion of Nelson, seconded by Nixon, Resolution No. 134 came up for discussion.

Mike Shanabrook, Dept. of Fire/Rescue Services, explained that Federal guidelines require EOP's be adopted in an organizational format. He said this is the same EOP that is merely being formatted to meet Federal guidelines.

There being no further discussion, Resolution No. 134 passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

Resolution No. 135, Session 2010, (View) A Resolution approving a contract with CVS/Caremark for Pharmacy Benefits Management services for years 2011-2013, was introduced by Nixon, read at length, and on motion of Nixon, seconded by Hill-Evans, Resolution No. 135 came up for discussion.

Business Administrator O'Rourke explained that RFP's were sent out for pharmacy benefit management services to incumbent Express Scripts, as well as Medco and CVS/Caremark. Medco declined to quote due to some contractual obligations. Express Scripts submitted a very limited response and CVS/Caremark provided a very robust response, including substantially improved financial terms. City employees have experienced service issues in the past several months with the incumbent provider. CVS/Caremark was invited to present to the City of York Human Resources staff and based on their service capabilities, references, and pricing, CVS/Caremark is the recommended vendor.

There being no further discussion, Resolution No. 135 passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

Resolution No. 136, Session 2010, (View) A Resolution appointing Christopher Roosen as a probationary police officer effective November 8, 2010, was introduced by Nelson, read at length, and on motion of Hill-Evans, seconded by Nelson, Resolution No. 136 passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

Resolution No. 137, Session 2010, (View) A Resolution adopting the 2011 Annual Action Plan, was introduced by Hill-Evans, read at length, and on motion of Hill-Evans, seconded by Nixon, Resolution No. 137 came up for discussion.

President Ray read a statement submitted by Larry Homsher on behalf of the Citizen's Advisory Committee.

Statement:

“In August 2010, myself and fellow committee members: Diane Brown, Jean Leaman and Jacqueline Marrero spent considerable time with City of York Community Development staff reviewing and vetting the numerous applications received for both HOME and CDBG funding. After an intense review period, we understand there is simply an overwhelming need with very limited resources. Our committee was charged with review of each application and the associated merits. It was a difficult task. With an eye towards progress, return on investment and maximizing the use of this very specific funding we assisted compilation of the 2011 CDBG/HOME Action Plan that will ultimately be presented to you.

“We believe strongly in the plan that was developed and is before you for review. We understand that with this plan comes the unintended collateral impact to the many fine organizations and projects that did not receive funding. We stand by this plan with the inherent goal that this has the highest likely return on investment to our community, to our citizens and is a wise and prudent use of this funding. In an era of scant resources, we must maximize every dollar we see. It is the collective and unanimous decision by the Citizens Advisory Committee to send this action plan to Council for review and approval. “

Kevin Schreiber thanked Mr. Homsher for providing the Advisory Committee's statement. He then outlined the entire CDBG/HOME application process. He said the process began back in March in order to meet required deadlines. This approval tonight is one of the final stages of this process. He stated that the city is fortunate to receive CDBG and HOME funds. HOME funds are geared toward homeowners, while CDBG funds are more-so for brick and mortar projects. Allocations are based on a projected CDBG/HOME award and will be amended, if necessary, when actual funding is realized. Director Schreiber said each application received was reviewed and monies were awarded based on projects that best matched the city's needs and goals. Director Schreiber then outlined how monies were allocated in previous years and allocations projected for 2011.

Penny Myers, resident, said that although the Dutch Kitchen did not received funding for 2011, she thanked the city for the 2009-2010 allocations they did receive as those contributions helped them to make very needed improvements to their facility.

There being no further discussion, Resolution No. 137 passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

REQUESTS FOR FUTURE MEETINGS

Meetings outlined as provided in Schedule-E.
COUNCIL COMMENT
Vice President Hill-Evans stated that Veteran's Day is approaching and on behalf of Council, she wanted to thank all the men and women who are serving and have served our armed forces.

ADMINISTRATION COMMENT: None


RESUMPTION OF PUBLIC COMMENT:

A final “public comment” speaker, E. Hayden Mitchell, addressed Council following the conclusion of business in Council’s Legislative Session. See “Public Comment” above for his testimony.

NEXT MEETING: The next regular meeting of City Council is scheduled for Tuesday, November 16, 2010 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 Wednesday, November 3, 2010 meeting of Council adjourned at 8:21 p.m.