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City Council Meeting Minutes

August 20, 2013

Signed Resolutions

Signed Bills (Forthcoming)

CALL TO ORDER: City Council convened in a General Committee meeting on August 20, 2013 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, Renee S. Nelson, and Henry Hay Nixon, Vice President, with Vice President Nixon presiding.

GENERAL PUBLIC COMMENT

Joe Stein, Bring on Play (BOP), gave Council an update on the Yorktown Park project. He said BOP will renovate Yorktown Park which is located in the northwestern region of the city and city youth will help to design the playground by completing drawings and sharing their thoughts with "playground professionals." The design will then later be revealed to the public as a community build project. In addition to playground equipment, the park will host a new community garden. For more information contact Joe Stein at email: jstein550@comcast.net or visit www.yorkcity.org/bop. BOP is accepting cash or in-kind donations to help with this project.

Manuel Gomez, resident, objected to the use of the police department’s license plates scanners. He said they are being used to collect information on innocent citizens and he feels a binding resolution needs to be adopted by Council to regulate the use of these scanners. He then discussed food trucks and asked for fair support of all businesses.

Franklin Williams, resident, spoke about the violence being reported on every news channel. He said people are asking what’s wrong and what’s going on in our city.

There being no further public comment, Vice President Nixon 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, Renee S. Nelson, and Henry Hay Nixon, Vice President, with Vice President Nixon presiding.

Members of the Administration in attendance included: Jim Gross, Director of Public Works, Shilvosky Buffaloe, Interim Director of Economic and Community Development, Barb Kovacs, Director of the Bureau of Health, and James Crosby, Director of the Bureau of Housing Services. Also present was Assistant Solicitor Jason Sabol.

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 July 16, 2013 and unanimously approved them as written.

Correspondence and Announcements: None

PRESENTATIONS: None

COMMITTEE MEETINGS SCHEDULED

Committee Work Session: Scheduled for Wednesday, September 25, 2013 at 6:00 p.m. in Council Chambers. Council will be discussing items for the October legislative agenda.

STATUS OF PRIOR COMMITTEE REFERRALS: No reports.

SUPPLEMENTAL AGENDA

A motion was made by Helfrich, seconded by Satterlee, to waive the provisions of Resolution No. 215 of Session 1969 to permit consideration of a supplemental agenda containing one resolution. The motion passed unanimously.

Resolution No. 49, Session 2013, A Resolution referring an application for a landowner curative amendment submitted by York Building Products to the York City and York County Planning Commissions for review and comment, was introduced by Nelson, read at length, and on motion of Nelson, seconded by Satterlee, Resolution No. 49 came up for discussion.

Vice President Nixon read the following: A landowner curative amendment is a landowner’s challenge to the validity of a Zoning Ordinance or map which prohibits or restricts the use of development of land in which the applicant has an interest. York Building Products (YBP) is requesting such an amendment to the zoning map for a 16.32 acre portion of its property located at 1072 Roosevelt Ave. YBP requests to change the current zoning from RS-1 (Residential) to EC (Employment Center). The York City and York County Planning Commissions will first review the application and will comment and make recommendations. Council will then hold a public hearing on the request, at a later date, at which time discussion will take place and public comment will be received. Due to the legal nature of this request, Council will only have discussion and take public comment on this issue at the public hearing as all testimony and discussion will be formally recorded by a stenographer. Copies of the petition are available for the public at the City Clerk’s Office, 101 S. George St., York, PA, weekdays from 8:00 a.m. to 5:00 p.m. For more information, please contact the York City Zoning Officer, Steve DeMerritt at (717) 849-2280 or email: sdemerritt@yorkcity.org.

There being no further discussion, Resolution No. 49 passed by the following vote: Yeas – Helfrich, Nixon, Satterlee, Nelson – 4; Nays – 0.

LEGISLATIVE AGENDA

SUBDIVISION / LAND DEVELOPMENT / HARB

Resolution No. 50, Session 2013, A Resolution accepting the recommendations of HARB in issuing a certificate of appropriateness for work to be covered in the applications filed by Dusan Bratic for work to be done at 56 W. Market St., Josh Hankey for work to be done at 41 W. Philadelphia St., Frank Rodgers for work to be done at 356 W. King St., Daniel Wilhelm for work to be done at 50 Lafayette St., Richard Gribble for work to be done at 228 W. Market St., and Jacqueline Dobson for work to be done at 31 Columbia Ave., was introduced by Nixon, read at length, and on motion of Nixon, seconded by Nelson, Resolution No. 50 passed by the following vote: Yeas – Helfrich, Nixon, Satterlee, Nelson – 4; Nays – 0.

Resolution No. 51, Session 2013, A Resolution accepting the recommendations of HARB in denying an application submitted by Jared Hollinghead, on behalf of Golden Beauty Supply, for work to be done at 229 S. George St., was introduced by Nixon, read at length, and on motion of Nixon, seconded by Helfrich, Resolution No. 51 came up for discussion.

Vice President Nixon explained that the applicant, Ms. Young Sol, wishes to demolish the existing building at the rear of 229 S. George St. to create a surface parking lot for her customers. HARB has recommended denial of the demolition but to instead modify the plan to adaptively reuse the building as a parking garage. The applicant has stated that HARB’s recommendations are cost prohibitive and may cause safety concerns.

Jared Hollinghead, Washington & Dowling Contractors, explained that they propose to demolish the rear portion of the existing structure to create a surface lot and then install concrete bollards along the rear section of the remaining wall to protect it. He said they are concerned that if someone accidently puts their car in the wrong gear, they could go straight through the wall of the remaining structure. He said the bricks are fragile due to the building’s age so installing bollards would provide the necessary added protection. HARB’s recommendation, however, is to maintain the rear portion and renovate it into an indoor parking garage, widen the entryway and install beams for support. He said HARB’s recommendations will drive the costs way up.

Vice President Nixon said HARB has recommended denial of the demolition because they have determined the building has some sort of historical significance. He said he wants to support our local businesses but is reluctant to go against the recommendations of HARB.

Councilman Helfrich said it is his understanding that this building once served as the city’s first auto manufacturing company.

Ben Washington, Washington & Dowling Contractors, detailed the building’s structure. He stated that because of the fragile state of the building and existing blind spots related to ingress and egress, it would be more feasible and cost effective to tear down the rear portion and install bollards along the remaining outside wall.

Discussion ensued on costs, reinforcement mechanisms, and safety concerns.

Mr. Hollinghead added that HARB’s main concern during their meeting was possibly losing the outside wall but the historical significance was not a point of major discussion.

Councilman Satterlee said that the applicant has presented some valid arguments and he feels that HARB’s recommendations are unfair because of the cost potential to the applicant.

Manuel Gomez, resident, spoke in support of Golden Beauty Supply and said they are an asset to our community and HARB is making it impossible for Ms. Sol to serve the best interest of her customers. He reminded Council that HARB only serves as a recommending body and that Council can render its own decision.

Stephan Glover, resident, feels Council should have visited the site and did a more research to prepare for tonight’s vote.

Motion to table. Council members felt that more information was needed and therefore chose to table the vote. On motion of Helfrich, seconded by Nelson, Resolution No. 51 was tabled by unanimous vote until the September 3rd meeting of Council.

FINAL PASSAGE OF BILLS / RESOLUTIONS

Final Passage of Bill No. 8, Ordinance No. 7, Session 2013, A Bill vacating a portion of right-of-way of Sampson Ave., in the 8th ward of the city, which was introduced by Nelson at the July 16 meeting of Council, and read by short title, came up for final passage. On motion of Nelson, seconded by Helfrich, Bill No. 8, Ordinance No. 7, passed by the following vote: Yeas – Helfrich, Nixon, Satterlee, Nelson – 4; Nays – 0.

Final Passage of Bill No. 9, Ordinance No. 8, Session 2013, A Bill amending the 2013 CDBG and HOME program budgets for the Bureau of Housing Services to reflect changes resulting from actual funding received for 2013, which was introduced by Nelson at the July 16 meeting of Council, and read by short title, came up for final passage. On motion of Nelson, seconded by Satterlee, Bill No. 9, Ordinance No. 8, passed by the following vote: Yeas – Helfrich, Nixon, Satterlee, Nelson – 4; Nays – 0.

Final Passage of Bill No. 10, Ordinance No. 9, Session 2013, A Bill amending the 2013 Budget for the Bureau of Housing Services for PHFA Rental Rehabilitation – Permits/Clean and Seal program to reflect a rollover of $73,000.00, which was introduced by Nelson at the July 16 meeting of Council, and read by short title, came up for final passage. On motion of Nelson, seconded by Satterlee, Bill No. 10, Ordinance No. 9, passed by the following vote: Yeas – Helfrich, Nixon, Satterlee, Nelson – 4; Nays – 0.

Final Passage of Bill No. 11, Ordinance No. 10, Session 2013, A Bill amending the 2013 Budget for the Bureau of Health to appropriate additional revenue and expenditures in the amount of $50,750.00 for a Health Bureau-Safe and Healthy Communities grant, which was introduced by Nelson at the July 16 meeting of Council, and read by short title, came up for final passage. On motion of Nelson, seconded by Helfrich, Bill No. 11, Ordinance No. 10, passed by the following vote: Yeas – Helfrich, Nixon, Satterlee, Nelson – 4; Nays – 0.


NEW BUSINESS

Introduction of Bill No. 12, Session 2013, A Bill amending the 2013 Budget for the Bureau of Health to appropriate revenue and expenditures in the amount of $50,000.00 for a Health Bureau Safe and Healthy Communities grant, was introduced by Nelson, read by short title, and deferred until the September 3rd meeting of Council.

Introduction of Bill No. 13, Session 2013, A Bill amending the 2013 Budget for the Bureau of Health by appropriating additional revenue and expenditures in the amount of $40,500.00 for an Adult Injury grant, was introduced by Nelson, read by short title, and deferred until the September 3rd meeting of Council.

Introduction of Bill No. 14, Session 2013, A Bill amending Article 933.16(c) “Rebates for Low Income Elderly Citizens and Low Income Permanently Disabled Citizens” of the Codified Ordinances to update sewer rental charge rebate fees, was introduced by Helfrich, read by short title, and deferred until the September 3rd meeting of Council.
Motion to amend Resolution: A motion was made by Helfrich, seconded by Nelson, to amend the resolution appointing and reappointing members to various boards and authorities to vote on each nomination separately. The motion passed by the following vote: Yeas – Helfrich, Nixon, Satterlee, Nelson – 4; Nays – 0.

The City Clerk announced that the nomination to appoint John Senft to the Construction Board of Adjustment and Appeals was pulled from the agenda because Mr. Senft does not reside in the city.

Resolution No. 52, Session 2013, A Resolution appointing Benjamin A. McGlaughlin as a member of the York City General Authority to fill the unexpired term of Steven Heffner, which term shall expire January 1, 2014, was introduced by Nixon, read at length, and on motion of Nixon, seconded by Satterlee, Resolution No. 52 passed by the following vote: Yeas – Helfrich, Nixon, Satterlee, Nelson – 4; Nays – 0.

Resolution No. 53, Session 2013, A Resolution appointing Karen Rollins-Fitch as a member of the York City Human Relations Commission to serve until July 16, 2015, was introduced by Nixon, read at length, and on motion of Nixon, seconded by Helfrich, Resolution No. 53 passed by the following vote: Yeas – Helfrich, Nixon, Satterlee, Nelson – 4; Nays – 0.

Resolution No. 54, Session 2013, A Resolution appointing Lyn C. Faircloth as a member of the York City Human Relations Commission to fill the unexpired term of Theodore Miller, which term shall expire January 16, 2015, was introduced by Nixon, read at length, and on motion of Nixon, seconded by Nelson, Resolution No. 54 passed by the following vote: Yeas – Helfrich, Nixon, Satterlee, Nelson – 4; Nays – 0.

Resolution No. 55, Session 2013, A Resolution appointing Cheril L. Chronister as a member of the York City Human Relations Commission to fill the unexpired term of Rijelle Kraft, which term shall expire January 16, 2015, was introduced by Nixon, read at length, and on motion of Nixon, seconded by Helfrich, Resolution No. 55 passed by the following vote: Yeas – Helfrich, Nixon, Satterlee, Nelson – 4; Nays – 0.

All appointees were in attendance and each took a moment to introduce themselves and thanked Council for approving their nominations. The City Clerk then administered the oath of office to each appointee.

Resolution No. 56, Session 2013, A Resolution reappointing Phyllis Ann Dowling as a member of the York City Human Relations Commission to serve in said capacity until July 16, 2016.

Resolution No. 57, Session 2013, A Resolution reappointing Victor E. Brown as a member of the York City Human Relations Commission to serve in said capacity until July 16, 2016.

Resolution No.’s 56 & 57 were introduced by Nixon, read at length, and on motion of Nixon, seconded by Nelson, both Resolutions came up for discussion.

Councilman Helfrich said that he has respect for both re-appointees and their contribution to the City of York. However, he stated that the actions he witnessed of the current members at the commission meetings during the end of 2012 and beginning of 2013 gives him a lack of confidence in those members.

Manuel Gomez, resident, agreed with Councilman Helfrich and said he protests these reappointments. He said the pattern of behavior documented by the commission was irresponsible and resulted in him filing a complaint for violations to the sunshine act. He said we can find other members who can better serve the mission and goals of the commission.

Ralph Serpe, Secretary/Treasurer and Acting Chair, said the leadership of the commission has changed since the 2012-2013 period and that these two commission members have provided outstanding service to this board. He added that the commission members have upheld the intent of the ordinance and will continue to do so. When matters of contention started becoming personal and commission members began to step down, he said Phyllis Dowling and Victor Brown remained in their volunteer positions during those very dark times. He stated that once they are up to a full compliment of members, they will nominate positions which will represent your new leadership.

Councilman Helfrich said his vote will be based on the improprieties of the board members during the 2012-2013 period and said he feels we need a fresh start.

Mr. Serpe stated that he supports the Mayor’s recommendation to reappointment these two individuals because they are our strongest members. He said they have been at every meeting and has carried the load. He also added that if you do not reappoint these two, the commission will be left with a majority of inexperienced members.

Cindy Mitzel, former Human Relations Commissioner, spoke highly of Ms. Dowling and Mr. Brown and strongly supported their nomination for reappointment.

Councilman Helfrich said he has been in touch with members of the local NAACP and they will be forwarding their recommendations for the commission.

There being no further discussion, Resolution No.’s 56 and 57 failed by the following vote: Yeas – Nixon – 1; Nays – Helfrich, Satterlee, Nelson – 3. Therefore, the reappointments of Phyllis Dowling and Victor Brown were denied.

Resolution No. 58, Session 2013, A Resolution authorizing the auction of a 1998 Leeboy 1200 Maintainer, was introduced by Satterlee, read at length, and on motion of Satterlee, seconded by Helfrich, Resolution No. 58 passed by the following vote: Yeas – Helfrich, Nixon, Satterlee, Nelson – 4; Nays – 0.

Resolution No. 59, Session 2013, A Resolution authorizing an agreement with Garland/DBS in the amount of $149,761.00 to replace the roof at the Lincoln Fire Station, was introduced by Satterlee, read at length, and on motion of Satterlee, seconded by Helfrich, Resolution No. 59 passed by the following vote: Yeas – Helfrich, Nixon, Satterlee, Nelson – 4; Nays – 0.

Resolution No. 60, Session 2013, A Resolution amending the 2013 Annual Action Plan to reflect actual funding amounts received for the CDBG and HOME programs, was introduced by Nelson, read at length, and on motion of Nelson, seconded by Helfrich, Resolution No. 60 passed by the following vote: Yeas – Helfrich, Nixon, Satterlee, Nelson – 4; Nays – 0.

Resolution No. 61, Session 2013, A Resolution authorizing an agreement with St. Andrews Development, Inc. in the amount of $45,675.00 for services to increase access to self-directed health education utilizing kiosk technology, was introduced by Nelson, read at length, and on motion of Nelson, seconded by Helfrich, Resolution No. 61 passed by the following vote: Yeas – Helfrich, Nixon, Satterlee, Nelson – 4; Nays – 0.

Resolution No. 62, Session 2013, A Resolution authorizing a budget transfer in the amount of $8,500.00 for the Bureau of Health to cover rent expenses, was introduced by Nelson, read at length, and on motion of Nelson, seconded by Helfrich, Resolution No. 62 passed by the following vote: Yeas – Helfrich, Nixon, Satterlee, Nelson – 4; 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 September 3, 2013 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 August 20, 2013 meeting of Council adjourned at 8:45 p.m.