Follow us on Twitter Friend us on Facebook Receive City Updates
{ Live, work, play in York. }

City Council Meeting Minutes

March 18, 2014

Signed Resolutions / Signed Bills / Booting-FAILED

March 26, 2014 Committee Minutes

CALL TO ORDER: City Council convened in a General Committee meeting on March 18, 2014 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, Henry Hay Nixon, Vice President, and Carol Hill-Evans, President, with President Hill-Evans presiding.

I. Public Comment: 6:30 p.m. to 7:00 p.m.

Franklin Williams, York, PA, discussed possibly amending the snow removal ordinance to accommodate exception for light snowfall that would likely melt within a few hours. He then discussed snow emergencies, blighted properties, and potholes.

There being no further public comment, President Hill-Evans adjourned the general public comment session 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, 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, and Steve Buffington, Building Code Official. Also present was Assistant Solicitor Don Hoyt.

Members of York City Council staff in attendance included: Dianna L. Thompson-Mitchell, City Clerk.

II. Legislative Meeting called to Order: 7:00 p.m.

III. Roll Call

IV. Pledge of Allegiance was recited.

V. Moment of Silence was observed.

VI. Action on previous meeting Minutes of March 4, 2014.

Council dispensed with the reading of the Minutes of March 4, 2014 and unanimously approved them as written.

VII. Presentations, Proclamations and Awards

MS4 Program – Jim Gross, Director of Public Works, and Jeff Shue, C.S. Davidson, outlined and gave background on the Municipal Separate Storm Sewer System. (MS4 Program Information)

VII. Committee Meeting(s) Scheduled

Committee Work Session – Scheduled for Wednesday, March 26, 2014 at 6:00 p.m. in Council Chambers. Committee items due by 12 noon on March 19th.

IX. Status of Prior Committee Referrals: No new reports.

X. Legislative Agenda: (Order of Business – Action on Subdivision/Land Development & HARB Resolutions; Final Passage of Bills/Resolutions; New Business.)

Subdivision / Land Development / HARB

1. Resolution No. 31 - A Resolution accepting the recommendations of HARB. (View)
Introduced by: Henry Hay Nixon
Originator: Historic York

Resolution No. 31, Session 2014, A Resolution accepting the recommendations of HARB in issuing a certificate of appropriateness for work to be covered in the applications filed by Thomas Warner for work to be done at 315 W. Princess St., and Toni Calderone for work to be done at 108 N. George St., was introduced by Nixon, read at length, and on motion of Nixon, seconded by Helfrich, Resolution No. 31 passed by the following vote: Yeas – Helfrich, Nixon, Satterlee, Nelson, Hill-Evans – 5; Nays – 0.

2. Resolution No. 32 - A Resolution approving a final land development plan submitted by Cellco. (Verizon Wireless – to construct a cell tower at 390 Wheatfield St.) (View)
Introduced by: Renee S. Nelson
Originator: Economic & Community Development (PP&Z)

Resolution No. 32, Session 2014, A Resolution approving the final land development plan submitted by Cellco Partnership (d/b/a Verizon Wireless) to construct a new cellular tower at 390 Wheatfield St., was introduced by Nelson, read at length, and on motion of Nelson, seconded by Helfrich, Resolution No. 32 passed by the following vote: Yeas – Helfrich, Nixon, Satterlee, Nelson, Hill-Evans – 5; Nays – 0.

New Business

3. Resolution No. 33 - A Resolution reappointing/appointing members to various boards. (View)
Introduced by: Henry Hay Nixon
Originator: Mayor

Resolution No. 33, Session 2014, A Resolution consenting to the appointment of Dr. Kenneth F. Woerthwein as a member of the York City Human Relations Commission to fill the unexpired term of Ralph Serpe, which term shall expire July 16, 2014; Appointment of Kittrell A. Barnes as a member of the York City Planning Commission, which term shall expire January 1, 2018; and Reappointment of Jamie Smith as a member of the York City Planning Commission, which term shall expire January 1, 2018, was introduced by Nixon, read at length, and on motion of Nixon, seconded by Nelson, Resolution No. 33 passed by the following vote: Yeas – Helfrich, Nixon, Satterlee, Nelson, Hill-Evans – 5; Nays -0.

Final Passage of Bills / Resolutions

4. Final Passage of Bill No. 5, Ordinance No. 5 – A Bill approving the inclusion of 2013 ordinances into the Codified Ordinance book. (View)
Introduced by: Carol Hill-Evans
Originator: Council

Final Passage of Bill No. 5, Ordinance No. 5, Session 2014, A Bill approving inclusion of 2013 ordinances as part of the York City Codified Ordinances, which was introduced by Hill-Evans on March 4, 2014 and read by short title, came up for final passage. On motion of Hill-Evans, seconded by Nixon, Bill No. 5, Ordinance No. 5, passed by the following vote: Yeas – Helfrich, Nixon, Satterlee, Nelson, Hill-Evans – 5; Nays – 0.
 
5. Final Passage of Bill No. 6, Ordinance No. 6 – A Bill amending Article 185 “Human Relations” of the Codified Ordinances. (To add a process for receiving cost of living adjustments) (View)
Introduced by: Carol Hill-Evans
Originator: Mayor

Final Passage of Bill No. 6, Ordinance No. 6, Session 2014, A Bill amending Article 185 “Human Relations” of the Codified Ordinances to add a process for HRC employees to receive a cost of living adjustment, which was introduced by Hill-Evans at the March 4, 2014 meeting of Council and read by short title, came up for final passage. On motion of Hill-Evans, seconded by Nixon, Bill No. 6, Ordinance No. 6, Session 2014, passed by the following vote: Yeas – Helfrich, Nixon, Satterlee, Nelson, Hill-Evans – 5; Nays – 0.

6. Final Passage of Bill No. 8 – A Bill amending Article 1763 “Property Maintenance Code” of the Codified Ordinances. (To clarify ambiguous language and responsibility) (View)
Introduced by: Henry Hay Nixon
Originator: Economic & Community Development (PP&Z)

Final Passage of Bill No. 8, Ordinance No. 8, Session 2014, A Bill amending Article 1763 “Property Maintenance Code” of the Codified Ordinances to clarify language and responsibility, which was introduced by Nixon at the March 4, 2014 meeting of Council and read by short title, came up for final passage. On motion of Nixon, seconded by Helfrich, Bill No. 8 came up for discussion.

Building Code Official Steve Buffington explained that these amendments, in part, will change the “shall” language that tied the city’s hands on options in making the rightful owner do what they should do to secure a property. He said this change gives us the tools to force the property owner to take action on the property. This will alleviate the city’s liability so as to make it easier for city officials to obtain injunctions that would require property owners to do the work themselves. He explained that there is a cost associated with securing abandoned buildings and, unfortunately, many times the city never recoups those costs.

Councilman Helfrich pointed out Section 107.1.1 relating to notice requirements and asked Code Official Buffington to explain. Mr. Buffington explained that this amendment will allow officials to issue an immediate citation for those who deposit snow into the street.

Harriett Gray and Abby Nguyen spoken on behalf of Hilo Nguyen, father/father-in-law, who in November 2013 fell through the floor of a vacant building marked with a red “X.” Ms. Nguyen said her father-in-law, and the owner of the building (located in 700 block of W. Philadelphia St.), entered the premises and her father-in-law fell through the floor into the basement. He later died of his injuries. She pleaded with the city to demolish or do something with this structure before someone else gets hurt.

George Shenberger, landlord, said there is a problem when neither the owner nor the city can afford to secure these dangerous buildings.

There being no further discussion, Bill No. 8, Ordinance No. 8, Session 2014, passed by the following vote: Yeas – Helfrich, Nixon, Satterlee, Nelson, Hill-Evans – 5; Nays – 0.

7. Final Passage of Bill No. 7 (FAILED) – A Bill amending Article 507 “Booting” of the Codified Ordinances. (To add specific requirements for booting in the City of York) (View)
Introduced by: Henry Hay Nixon
Originator: Police

Final Passage of Bill No. 7, Session 2014, A Bill amending Article 507 “Booting” of the Codified Ordinances to include specific requirements regarding booting in the city by private businesses, which was introduced by Nixon at the March 4, 2014 meeting of Council and read by short title, came up for final passage. On motion of Nixon, seconded by Satterlee, Bill No. 7 came up for discussion.

Vice President Nixon said it continues to concern him that there is a 15 minute wait to boot. He feels the 15 minute wait essentially allows 14½ minutes of free parking. He said this is a private parking issue and these business owners are trying to protect their right for parking charges that they pay taxes on. He said the 15 minute wait makes no sense.

Councilman Helfrich stated that Central Market representatives have said to him that they feel they have no other recourse because the civil tickets they were issuing for years was unenforceable and not cost effective. He said they came to the city looking for a potential solution to their problems. However, he said they are not even allow booting on market days. He stated that this is more about a good customer being 3 minutes late coming back to a parking space only to find out they’ve been booted. He said Central Market does not want to be that harmful to its customer base.

Amanda Devers, resident, said she feels the 15 minute wait to boot should be at the discretion of the property/business owner.

There being no further discussion, Bill No. 7 FAILED by the following vote: Yeas – Helfrich, Satterlee – 2; Nays – Nixon, Nelson, Hill-Evans – 3.

XI. Requests for Future Meetings: None

XII. Council Comment: None

XIII. Administration Comment: None

XIV. Adjournment

The next regular meeting of City Council is scheduled for April 1, 2014 at 7:00 p.m. (Public Comment commences at 6:30 p.m.) in City Council Chambers, 101 S. George St., York, PA. There being no further business, the March 18, 2014 meeting adjourned at 8:45 p.m.

XV. Resumption of Public Comment Period (at the discretion of the presiding officer): None