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City Council Meeting Minutes

November 20, 2012

 

CALL TO ORDER:  City Council convened in a General Committee meeting on November 20, 2012 at 6:30 p.m. in Council Chambers, 101 S. George St., York, PA, to receive general public comment, with the following Council members present: David Satterlee, Michael Ray Helfrich, Henry Hay Nixon, Vice President, and Carol Hill-Evans, President, with President Hill-Evans presiding. 
 
GENERAL PUBLIC COMMENT
 
Manuel Gomez, resident, urged Council to draft legislation to address uses for the police license plate scanning system. 
 
Mike Rhine, disabled citizen, asked that Manuel Gomez read a letter he received from Detective Dana Ward regarding his complaint of harassment by police officers. The letter basically acknowledged Mr. Rhine's complaint and stated that an investigation would be undertaken. 
 
John Crimmons, resident, discussed a civil enforcement notification letter he received in the mail regarding a trash infraction. He said common courtesy would have been to just knock on his door and ask him why the item was on the curb. He said he had a projection TV system sitting on the curb and had made arrangements for a large item pick-up. Mr. Crimmons stated that he called the enforcement officer and was told that she submitted the notification before she received the large item pick-up list. He then discussed a sinkhole at 1113 Roosevelt Ave. and stated that the property owner should be made responsible to take care of it because the hole is headed toward his property.
 
There being no further public comment, President Hill-Evans adjourned the General Committee meeting and convened in Legislative Session at 7:00 p.m., in Council Chambers, 101 S. George St., York, PA, with the following members present: David Satterlee, Michael Ray Helfrich, Henry Hay Nixon, Vice President, and Carol Hill-Evans, President, with President Hill-Evans presiding. 
 
Members of the Administration in attendance included: C. Kim Bracey, Mayor, Jim Gross, Director of Public Works, Kevin Schreiber, Director of Economic and Community Development, and Michael O’Rourke, Business Administrator. Also present was Assistant Solicitor Don Hoyt.
 
Members of York City Council staff in attendance included:  Dianna L. Thompson-Mitchell, City Clerk.
 
Pledge of Allegiance: The Pledge of Allegiance was recited. 
 
Approval of Minutes: Council dispensed with the reading of the Minutes of November 7, 2012 and approved them by the following vote: Yeas – Helfrich, Nixon, Satterlee, Hill-Evans – 4; Nays – 0.
 
Correspondence and Announcements: President Hill-Evans read correspondence and announcements.
 
PRESENTATIONS: None
 
COMMITTEE MEETINGS SCHEDULED
 
Committee Work Session: Scheduled for Monday, November 26, 2012 at 6:00 p.m. in Council Chambers, 101 S. George St., York, PA, to discuss items for December's legislative agenda.
 
STATUS OF PRIOR COMMITTEE REFERRALS: No reports.
 
SUPPLEMENTAL AGENDA
 
A motion was made by Nixon, seconded by Helfrich, to waive the provisions of Resolution No. 215 of Session 1969 to permit consideration of a supplemental agenda containing two items. The motion passed by the following vote: Yeas – Helfrich, Nixon, Satterlee, Hill-Evans – 4; Nays – 0.
 
Introduction of Bill No. 34, Session 2012, (View)(View Budget) An ordinance appropriating sums estimated to be required for the specific purposes of the City Government, hereinafter set forth during the year 2013, prohibiting certain transfers; providing for payment of bills contracted for in prior years; providing for distribution of items in the form of an analysis of various proposed items of revenue and expenditure consistent with the Optional Charter Plan of the City of York; providing for certification thereof to the Pennsylvania Department of Economic and Community Development; providing for the severability of the provisions hereof; repealing inconsistent ordinances; and providing the effective date hereof (2013 Budget - $40,646,035.00), was introduced by Helfrich, read by short title, and deferred until a future meeting of Council.
 
Introduction of Bill No. 35, Session 2012, (View) An ordinance fixing the tax rate for all city purposes for the fiscal year, beginning the first day of January, 2013 and directing the collection of same (.02037 mils), was introduced by Helfrich, read by short title, and deferred until a future meeting of Council.
 
Mayor Bracey formally presented the 2013 Proposed York City Budget. (Read Mayor's Message)
 
SUBDIVISION / LAND DEVELOPMENT / HARB
 
Resolution No. 124, Session 2012, (View) A Resolution accepting the recommendations of HARB in issuing a certificate of appropriateness for work to be covered in the applications filed by Greg Plowman for work to be done at 121 S. Pine St., Christian Wagman for work to be done at 1-3 S. George St., Mike Johnson for work to be done at 731 S. George St., Aguedita Rodriguez for work to be done at 376 E. Market St., was introduced by Helfrich, read at length, and on motion of Helfrich, seconded by Nixon, Resolution No. 124 came up for discussion.
 
Motion to separate votes. A motion was made by Helfrich, seconded by Nixon to vote on each application separately. The motion passed by the following vote: Yeas – Helfrich, Nixon, Satterlee, Hill-Evans – 4; Nays – 0.
 
121 S. Pine St.
Applicant Greg Plowman was in attendance to appeal HARB's recommendation. He submitted the following plea:
 
Mr. Plowman stated that he spoke with a representative of the Permits Department to discuss replacement of the railings and balustrades on the 2nd floor, rear balcony located at 121 S. Pine St. At that time, he was informed that a permit was not required for the work being completed. 
 
He explained that during the tear down of the original balcony railing and balustrades, the York City Building Code Official (BCO) arrived and informed his contractor that a permit was required. At that time, the BCO instructed the contractor to go ahead and finish the job but make sure the permit is obtained as soon as possible. He said the BCO made no mention of HARB approval; however, when he went to the permits department they informed him that HARB approval was needed. 
 
At the November 7th HARB meeting, HARB rejected the existing balcony railing and balustrades as well as the proposed railing addition. He said HARB recommended that he tear down the new railing and balustrades, – which cost him approximately $800 – and install and replace with a different option recommended by HARB. He stated that the HARB consultant recommended installing horizontal wood slats across the top and bottom to hide the wooden balustrades but HARB rejected that idea as well. 
 
Mr. Plowman feels he did his proper due diligence but was not given proper direction and as a result has incurred unnecessary additional costs. 
 
Councilman Helfrich asked if height was an issue, which Mr. Plowman responded it was not. He then asked if Mr. Plowman would be willing to install the horizontal slats to conform to the balcony style of the adjacent home. Mr. Plowman said he would be willing to do that. 
 
Director Schreiber interjected and said Mr. Plowman has been diligent in this process and that this was an error and oversight on the city's part. Councilman Helfrich said this is a unique situation and it's unfortunate that this was the city's fault and although he doesn't support HARB's recommendations this time, he expects others to comply with the HARB application process in the future.  
 
There being no further discussion, Resolution No. 124 (application for 121 S. Pine St.), failed by the following vote: Helfrich, Nixon, Satterlee, Hill-Evans – 4; Nays – 0. Therefore, HARB's recommendations were denied. 
 
Motion to amend & approve application for 121 S. Pine St. A motion was made by Helfrich, seconded by Nixon, to amend and approve a certificate of appropriateness for Greg Plowman to authorize installation of the already installed railing with the addition of horizontal wood slats across the top and bottom of the balustrades. The motion passed by the following vote: Yeas – Helfrich, Nixon, Satterlee, Hill-Evans – 4; Nays – 0.
 
1-3 S. George St.
A motion was made by Helfrich, seconded by Nixon, to accept and approve the recommendations of HARB in issuing a certificate of appropriateness to Christian Wagman for work to be done at 1-3 S. George St. The motion passed by the following vote: Yeas – Helfrich, Nixon, Satterlee, Hill-Evans – 4; Nays – 0. Mr. Wagman was in attendance and briefly outlined the project.
 
731 S. George St.
A motion was made by Nixon, seconded by Satterlee, to accept and approve the recommendations of HARB in issuing a certificate of appropriateness to Mike Johnson for work to be done at 731 S. George St. The motion passed by the following vote: Yeas – Nixon, Satterlee, Hill-Evans – 3; Nays – 0. Abstain – Helfrich – 1. Councilman Helfrich abstained as Mr. Johnson was his campaign treasurer. Mr. Johnson was in attendance and briefly outlined the project.  
 
376 E. Market St.
A motion was made by Helfrich, seconded by Nixon, to accept and approve the recommendations of HARB in issuing a certificate of appropriateness to Aguedita Rodriguez for work to be done at 376 E. Market St. The motion passed by the following vote: Yeas – Helfrich, Nixon, Satterlee, Hill-Evans – 4; Nays – 0.
 
FINAL PASSAGE OF BILLS / RESOLUTIONS
 
Resolution No. 122, Session 2012, (View) A Resolution amending fees for the Treasurer's Office (Tax Certification, Returned Check & Duplicate Bill fees), which was introduced by Nixon at the November 7th meeting of Council, and read at length, came up for final passage. On motion of Nixon, seconded by Hill-Evans, Resolution No. 122 passed by the following vote: Yeas – Helfrich, Nixon, Satterlee, Hill-Evans – 4; Nays – 0.
 
NEW BUSINESS
 
Resolution No. 125, Session 2012, (View) A Resolution awarding a contract to Republic Services (d/b/a York Waste) in the amount of $1,468,741.42 for refuse and recycling services, was introduced by Satterlee, read at length, and on motion of Satterlee, seconded by Nixon, Resolution No. 125 came up for discussion.
 
Councilman Helfrich said he still has concerns about recycling in that certain items are not included in this contract. He outlined some of the items of concern, i.e., plastic toys and kitty litter boxes. Director Gross stated that Penn Waste said they could add the noted items to the list and as such, he would do a contract change order if this contract is approved. 
 
Jeremy Holtzapple, resident, asked if anything has changed since this contract was vote down at the November 7th meeting and if Council had an opportunity to review the contract. President Hill-Evans said nothing has changed and members of Council had an opportunity to review portions of the contract. 
 
Marie Rohleder, resident, said she has put toys and similar items out for pick up but they don't get picked up. She asked when will residents be able to recycle these types of items. Director Gross said if this contract is approved tonight, a change order would immediately be implemented to include such items. 
 
Franklin Williams, resident, said recycling ultimately depends on the end market, otherwise, its probably trash and not recyclable.
 
Manuel Gomez, resident, said you never know who actually recycles so it's hard to put a dollar amount on actually savings. 
 
Councilman Helfrich said he still feels there are discrepancies in the recycling portion of the contract that are unresolved at this time. 
 
There being no further discussion, Resolution No. 125 passed by the following vote: Yeas – Nixon, Satterlee, Hill-Evans – 3; Nays – Helfrich – 1.
 
Resolution No. 126, Session 2012, (View) A Resolution authorizing an agreement with the PA Department of Health in the amount of $309,242.80 for HIV/AIDS/STD programs for the period of January 1, 2013 through December 31, 2014, was introduced by Hill-Evans, read at length, and on motion of Hill-Evans, seconded by Nixon, Resolution No. 126 passed by the following vote: Yeas – Helfrich, Nixon, Satterlee, Hill-Evans – 4; Nays – 0.
 
REQUESTS FOR FUTURE MEETINGS 
 
York City Council will hold public meetings on the proposed 2013 York City Budget beginning at 6:00 p.m. each evening on November 27 and December 6, 2012 in City Council Chambers, 101 S. George St., York, PA.
 
The following Departments should be represented at the Budget Hearings: 
 
Tuesday, November 27, 2012 - 6:00 p.m. (2013 Budget Presentations)
Elected Officials (Council, Controller, Treasurer, Mayor)
Human Relations Commission
Public Works – All Divisions and Bureaus
Economic & Community Development – All Divisions & Bureaus
Public Comment
 
Thursday, December 6, 2012 - 6:00 p.m. (2013 Budget Presentations)
Solicitor’s Office
Business Administration – All Divisions & Bureaus
Fire Department – All Divisions and Bureaus
Police Department – All Divisions & Bureaus
Public Comment
 
 
December 11, 2012 – 6:30 p.m.
Committee Work Session: Scheduled for Tuesday, December 11, 2012 at 6:30 p.m. in Council Chambers, 101 S. George St., York, PA, to discuss items for January's legislative agenda.
 
COUNCIL COMMENT
 
Councilman Helfrich reminded residents that wHoly Chicken, 320 E. Philadelphia St., York, PA, has invited residents to attend the 2012 Thanksgiving Holiday Meal Giveaway. He said they will be serving free meals on November 21, 2012 from 12:00 noon - until. For more information, please contact wHoly Chicken at (717) 854-5424.
 
ADMINISTRATION COMMENT 
 
Director Kevin Schreiber announced a successful ribbon cutting ceremony for Nuts About Granola and that this Saturday is National Small Business Saturday so he encouraged residents to come downtown and support our local businesses.
 
NEXT MEETING: The next regular meeting of City Council is scheduled for December 4, 2012 at 7:00 p.m. (Public Comment commences at 6:30 p.m.) in City Council Chambers, 101 S. George St., York, PA.
 
ADJOURNMENT:There being no further business, the November 20, 2012 meeting of Council adjourned at 8:23 p.m.