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City Council Meeting Minutes

May 21, 2014

Signed Resolutions / Signed Bills/ Committee Minutes – 4/23/14

CALL TO ORDER: City Council convened in a General Committee meeting on May 21, 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, and Henry Hay Nixon, Vice President, with Vice President Nixon presiding.

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

Manuel Gomez, resident, spoke about his attendance at a recent mobile food vendor committee meeting and that an objection was made by a committee member about his videotaping the meeting. He stated that the city attorney was asked to clarify state law with regard to videotaping public meetings and that he’s awaiting those findings. He felt the behavior of some of the members of the committee was unacceptable as he claims they jeered and laughed about some of the topics that were discussed.

Councilman Helfrich, and member of the Mobile Food Vendors Committee, responded that he stood up for Mr. Gomez’s right to videotape the meeting as it is a right protected by the Sunshine Act. He also explained that he “jeered” at a comment made by the committee chair in that it appeared she had preconceived thoughts about mobile food carts/trucks and he felt her comments were inappropriate.

Darren Borodin, mobile hotdog vendor, said hopes an ordinance will be in place in time for the permit renewal process.

Franklin Williams, resident, applauded the recent decision by a U.S. Federal District Court Judge for ruling that the states' 1996 statutory ban on recognizing same-sex marriage was unconstitutional thereby legalizing same-sex marriages in Pennsylvania. He then discussed the sudden resignation of Business Administrator Michael O’Rourke and the suspicions and rumors surrounding his unexpected departure.

Leo Lunger, residents, supported Business Administrator O’Rourke and said he feels it will be difficult to find someone to fill his shoes.

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

Members of the Administration in attendance included: Barb Kovacs, Director of the York City Bureau of Health and Assistant Solicitor Don Hoyt.

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

II. Called Legislative Meeting 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 May 6, 2014: Council dispensed with the reading of the Minutes of the April 15, 2014 legislative session and April 23, 2014 committee meeting and unanimously approved them as written.

VII. Presentations, Proclamations and Awards

• Karen Rollins-Fitch, Human Relations Commission – York City Human Relations Commission update
(View Report)

Ms. Rollins-Fitch gave a report on the York City Human Relations Commission wherein she discussed the commission’s current structure and members, community engagements, and budgetary status.

Councilman Satterlee suggested restructuring the commission to work within the confines of the commission's current budget.

Councilman Helfrich discussed the commission’s employee structure in that he recalls there has not been three positions funded within the commission for several years. Ms. Fitch responded that the Executive Director position was changed to Human Relations Office Manager, which entails reduced responsibilities and a salary commensurate to an Office Manager position.

• Louise Heine, York County Convention & Visitors Bureau (YCCVB) – Tourism update

Ms. Heine provided an update on the economic impact on tourism in York County. She first gave a background of YCCVB then outlined upcoming tourist attraction events such as the Street Rods, Made in America Tours, and Keystone State Games. Vice President Nixon commented that he was thankful to YCCVB for its work on behalf of York County and the City and that it is because of that, that the city subsidizes the rent for the YCCVB offices.

VII. Committee Meeting(s) Scheduled

• Committee Work Sessions – Scheduled for Wednesday, May 28, 2014 at 6:00 p.m. in Council Chambers to discuss items for the June legislative agenda. This will be the last committee meeting prior to Council’s summer recess. The next committee meeting will be held on September 24, 2014.

• Summer Recess - Council will observe its summer recess from June-August, which means Council will only meet in legislative session once per month during this timeframe – those dates being June 3, July 15, and August 19. Council will resume its regular meeting scheduled (meeting twice per month) beginning September 2.

IX. Status of Prior Committee Referrals

Keeping of Animals – A Bill amending Article 705 “Keeping of Animals” of the Codified Ordinances to define and establish regulations for the keeping of wild animals remains in committee as further amendments are being researched.

LERTA – A Bill amending Article 308 “Local Economic Revitalization Tax Assistance Program” to include exceptions to investment opportunity eligible areas remains in committee pending clarification on potential tax incentives/disincentives to local businesses.


Mobile Food Vendors (Bill No. 24 of 2013) – A Bill establishing Article 332 “Mobile Food Carts” of the Codified Ordinances was referred to the Mobile Food Vendors Committee for legislative recommendations and remains tabled in committee at this time.

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. 49 - A Resolution accepting the recommendations of HARB. (View)
Introduced by: Henry Hay Nixon
Originator: Historic York

Resolution No. 49, Session 2014, A Resolution accepting the recommendations of HARB in issuing certificates of appropriateness for work to be covered in the applications filed by Melissa Kepner, Max Development Limited Partnership, for work to be done at 18 S. George St.; Ryan McKinley, Susquehanna Real Estate, for work to be done at 140 E. Market St.; Dan Helt for work to be done at 267-269 E. Market St.; and Seth Gropp for work to be done at 114 S. Queen St., was introduced by Nixon, read at length, and on motion of Nixon, seconded by Nelson, Resolution No. 49 passed by the following vote: Yeas – Helfrich, Nixon, Satterlee, Nelson – 4; Nays – 0.

Final Passage of Bills / Resolutions

2. Final Passage of Bill No. 11 – A Bill amending the 2014 CDBG/HOME Budgets. (To reflect changes in revenue/expenses resulting from actual allocations for the 2014 program year) (View)
Introduced by: Renee S. Nelson
Originator: Economic & Community Development (BHS)

Final Passage of Bill No. 11, Ordinance No. 9, Session 2014, A Bill amending the 2014 CDBG and HOME budgets to reflect changes in revenue and expenses resulting from actual allocations of funding for the CDBG program budget ($1,213,120.240) and the HOME program budget ($188,099.00), which was introduced by Nelson at the May 6 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. 9, passed by the following vote: Yeas – Helfrich, Nixon, Satterlee, Nelson – 4; Nays – 0.


3. Final Passage of Bill No. 12 – A Bill amending the 2014 Budget. (To roll over 2013 unspent JAG funds into the 2014 Budget - $33,074.70)(View)
Introduced by: Henry Hay Nixon
Originator: Police

Final Passage of Bill No. 12, Ordinance No. 10, Session 2014, A Bill amending 2014 budget by appropriating revenue and expenses in the amount of $33,074.70 to rollover 2013 unspent Justice Assistance Grant (JAG) funds into the 2014 budget, which was introduced by Nixon at the May 6 meeting of Council and read by short title, came up for final passage. On motion of Nixon, seconded by Satterlee, Bill No. 12, Ordinance No. 10, passed by the following vote: Yeas – Helfrich, Nixon, Satterlee, Nelson – 4; Nays – 0.


4. Final Passage of Bill No. 13 – A Bill aproving an intergovernmental cooperation agreement. (York City & Spring Garden Twp. for law enforcement services at 401 W. Jackson St.)(View)
Introduced by: Henry Hay Nixon
Originator: Police

 

Final Passage of Bill No. 13, Ordinance No. 11, Session 2014, A Bill approving an intergovernmental cooperation agreement for law enforcement services by and between the City of York and Spring Garden Township for the property owned by York College located at 401 W. Jackson St., which was introduced by Nixon at the May 6 meeting of Council and read by short title, came up for final passage. On motion of Nixon, seconded by Satterlee, Bill No. 13, Ordinance No. 11, passed by the following vote: Yeas – Helfrich, Nixon, Satterlee, Nelson – 4; Nays – 0.


5. Final Passage of Bill No. 14 – A Bill amending the 2014 Budget. (For a dental sealant grant award - $9,250.00) (View)
Introduced by: Renee S. Nelson
Originator: Economic & Community Development (Health)

Final Passage of Bill No. 14, Ordinance No. 12, Session 2014, A Bill amending the 2014 budget by appropriating revenue and expenses in the amount of $9,250.00 for a Health Bureau Dental Sealant Grant, which was introduced by Nelson at the May 6 meeting of Council and read by short title, came up for final passage. On motion of Nelson, seconded by Helfrich, Bill No. 14, Ordinance No. 12, passed by the following vote: Yeas – Helfrich, Nixon, Satterlee, Nelson – 4; Nays – 0.


6. Final Passage of Bill No. 15 - A Bill amending Article 1113.10 “Sidewalk Cafes” of the Codified Ordinances. (To update and clarify language) (View)
Introduced by: Michael Ray Helfrich
Originator: Council (Helfrich)

Final Passage of Bill No. 15, Ordinance No. 13, Session 2014, A Bill amending Article 1113.10 “Sidewalk Cafes” of the Codified Ordinances to allow year-round operation, and add operating hours, removal of equipment, passable sidewalks, and other language to update the ordinance, which was introduced by Helfrich at the May 6 meeting of Council and read by short title, came up for final passage. On motion of Helfrich, seconded by Satterlee, Bill No. 15 came up for discussion.

Councilman Helfrich proposed the following additional amendments:

Amendment #1 – Section 1113.10(d)
• Add "unless authorized by city ordinance" as follows:

“(d) Unlawful to Operate Without Registering. It shall be unlawful for any person, firm, corporation, transient merchant, church, club, charitable institution, hawker or peddler to vend, sell or dispose of or offer to vend, sell, dispose of or display, any food, goods, wares, merchandise, produce or vegetables on any public walk, street, alley or anywhere within the City of York without registering with the Economic and Community Development Department and Treasurer's Office unless authorized by city ordinance. The phrase "sidewalk cafe" in this section will be applied to both sidewalk cafes and mini-cafes unless otherwise stated.”

Amendment #2 – Section 1113.10(l)
• Change "license" to "permit"
• Remove “within 30 days....season."
• Add "or the establishment failed to relocate items impeding the sidewalk."

“(l) Removal of Improvements. If the City incurs any costs in removing any equipment or improvements from a sidewalk café for the following reasons: the establishment failed to remove equipment at the close of the business day, the establishment allowed improvements to interfere with sidewalk maintenance including snow, shoveling or de-icing by city Public Works Department, the establishment went out of business or the establishment failed to renew its license permit, within 30 days of the close of the outdoor season, or the establishment failed to relocate items impeding the sidewalk, the City shall remove and store all equipment
and bill the property owner for the actual costs of labor, materials, equipment or any other item, service, including storage costs, or expense incurred by the City to correct such violation, plus any additional administrative fees. The equipment removed shall remain in the City's possession until the bill for removal and any fines or fees are paid in full.”

Councilman Helfrich said Mayor Bracey is in agreement with all amendments and will ensure the ordinance is enforced.

A motion was made by Helfrich, seconded by Satterlee, to approve said amendments. The motion passed by the following vote: Yeas – Helfrich, Nixon, Satterlee, Nelson – 4; Nays – 0.

There being no further discussion, Bill No. 15, Ordinance No. 13, as amended, passed by the following vote: Yeas – Helfrich, Nixon, Satterlee, Nelson – 4; Nays – 0.


New Business

7. Resolution No. 50 - A Resolution reappointing members to various boards/authorities. (View)
Introduced by: Henry Hay Nixon
Originator: Council/Mayor

Resolution No. 50, Session 2014, A Resolution reappointing Carmen Bones to the York City Board of Health to serve until the first Monday of April 2019; and Raquel J. Lilly, Kenneth F. Woerthwein, and Mark Rhodes to the York City Human Relations Commission to serve until July 16, 2017, 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; Nay – 0.


8. Resolution No. 51 - A Resolution amending the 2014 Annual Action Plan. (To reflect changes resulting from actual funding received)
Introduced by: Renee S. Nelson (View)
Originator: Economic & Community Development (BHS)

Resolution No. 51, Session 2014, A Resolution amending the 2014 Annual Action Plan to reflect changes resulting from actual allocations for the CDBG and HOME Programs (also see Bill No. 11, Ordinance No. 9 of 2014), was introduced by Nelson, read at length, and on motion of Nelson, seconded by Helfrich, Resolution No. 51 passed by the following vote: Yeas – Helfrich, Nixon, Satterlee, Nelson – 4; Nays – 0.

XI. Requests for Future Meetings: None

XII. Council Comment

Reminder: Council will observe its summer recess from June-August, which means Council will only meet in legislative session once per month during this timeframe – those dates being June 3, July 15, and August 19. Council will resume its regular meeting scheduled (meeting twice per month) beginning September 2. Also, there are no committee meetings scheduled during the summer recess. After the May 28 committee meeting, the next committee meeting will be held on September 24. For more information on Council meeting dates/times, please visit: www.yorkcity.org/city-council.

 


Councilman Satterlee clarified that the Mobile Food Vendor Committee did not exclude Mr. Gomez from filming the committee meeting. He said a member asked the solicitor for a legal opinion on the matter. Councilman Helfrich added that the public is always welcome to attend these meetings.

Councilman Satterlee announced that he and his partner William were featured in the newspaper for receiving their marriage license. He said it was an amazing experience and they received a lot of support.

Councilman Helfrich congratulated winners of the 2014 primary election.


XIII. Administration Comment: None


XIV. Adjournment

The next regular meeting of City Council is scheduled for Tuesday, June 3, 2014 in Council Chambers (public comment begins at 6:30 p.m.). There being no further business, the May 21, 2014 meeting of Council meeting adjourned at 7:48 p.m.


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