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City Council Meeting Minutes

June 3, 2014

Signed Resolutions / No Bills / May 28, 2014 Committee Minutes

CALL TO ORDER: City Council convened in a General Committee meeting on June 3, 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, Renee S. Nelson, and Carol Hill-Evans, President, with President Hill-Evans presiding.

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

Franklin Williams, resident, suggested the proposed Neighborhood Improvement ordinance contain exceptions to setting out trash to include protections for the elderly, sick and those with space limitations.

Marie Rohleder, resident, discussed the citizen’s inspector training, and the recent traffic pattern change to one-way on N. Pine St. She then suggested that the Neighborhood Improvement ordinance include notification and regulations on mattress disposal.

Teresa Johnescu and Joan Burgasser, residents, said they support the proposed Neighborhood Improvement ordinance.

Kathy Morris, resident, discussed problems with overgrown vegetation prohibiting passage along the sidewalk, and people leaving their trash bins out for days.

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, Renee S. Nelson, and Carol Hill-Evans, President, with President Hill-Evans presiding.

Members of the Administration in attendance included: Fire Chief David Michaels; Deputy Fire Chief Greg Halpin; and 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 May 21, 2014 (legislative) & May 28, 2014 (committee): Council dispensed with the reading of the Minutes of the May 21, 2014 legislative session and May 28, 2014 committee meeting and unanimously approved them as written.
 

VII. Presentations, Proclamations and Awards: None

VII. Committee Meeting(s) Scheduled

• Committee Work Sessions – The last committee meeting before Council’s summer recess was held on Wednesday, May 28, 2014 at 6:00 p.m. in Council Chambers. Council does not meet in committee during its summer recess, therefore, 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. This legislation will again be discussed at Council’s September 24 committee meeting.

LERTA – A Bill amending Article 308 “Local Economic Revitalization Tax Assistance Program” to include exceptions to investment opportunity eligible areas was released from committee and will appear on Council’s July 15 legislative agenda. A recommendation was made to include language to differentiate between businesses who are actually utilizing CRIZ incentives versus those merely located within the CRIZ boundaries. The recommendation is being explored and will be incorporated into the final draft, if applicable.

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 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. 52 - A Resolution Authorizing the release of financial security funds to Chick-Fil-A. (922 Loucks Rd. - $588,952.28)
Introduced by: Renee S. Nelson (View)
Originator: Economic & Community Development (PP&Z)

Resolution No. 52, Session 2014, A Resolution authorizing the release of financial security funds to Chick-Fil-A in the amount of $588,952.28 associated with construction of a Chick-Fil-A restaurant at 922 Loucks Rd., was introduced by Nelson, read at length, and on motion of Nelson, seconded by Satterlee, Resolution No. 52 passed by the following vote: Yeas – Satterlee, Nelson, Hill-Evans – 3; Nays – 0.

2. Resolution No. 53 - A Resolution Approving the final land development plan submitted by York Hospital. (To renovate the existing emergency room department – 1001 S. George St.) (View)
Introduced by: Renee S. Nelson
Originator: Economic & Community Development (PP&Z)

Resolution No. 53, Session 2014, A Resolution approving the final land development plan submitted by York Hospital to renovate the existing York Hospital Emergency Department located at 1001 S. George St., was introduced by Nelson, read at length, and on motion of Nelson, seconded by Satterlee, Resolution No. 53 passed by the following vote: Yeas – Satterlee, Nelson, Hill-Evans – 3; Nays – 0.


3. Resolution No. 54 - A Resolution Approving the final land development plan submitted by Frontier Development. (To construct a retail structure at 703-705 Loucks Rd.) (View)
Introduced by: Renee S. Nelson
Originator: Economic & Community Development (PP&Z)

Resolution No. 54, Session 2014, A Resolution approving the final land development plan submitted by Frontier Development to construct a new 600 sq. ft. retail Verizon store with reconfiguration of the parking lot at 703-705 Loucks Rd., was introduced by Nelson, read at length, and on motion of Nelson, seconded by Satterlee, Resolution No. 54 came up for discussion.

Joe Gurney, First Capital Engineering, presented Council with a rendering of the project and outlined the development plan. He said the new Verizon retail store will be situated at the old Hooters Restaurant location. Mr. Gurney then outlined the waivers and recommendations of the Planning Commission.

There being no further discussion, Resolution No. 54 passed by the following vote: Yeas – Satterlee, Nelson, Hill-Evans – 3; Nays – 0.

Final Passage of Bills / Resolutions: NONE

New Business

4. Introduction of Bill No. 16 - A Bill Establishing Article 730 “Neighborhood Improvement Ordinance” of the Codified Ordinances. (SWEEP)
Introduced by: Renee S. Nelson (View)
Originator: Economic & Community Development (PP&Z)

Introduction of Bill No. 16, Session 2014, A Bill establishing Article 730 “Neighborhood Improvement Ordinance” of the Codified Ordinances, was introduced by Nelson, read by short title, and deferred until the July 15 meeting of Council.

President Hill-Evans stated that although we normally don't entertain discussion on introduction of Bills, since this legislation won't be going to committee because of the Council recess, she said she would allow comment. She reminded residents that this legislation will appear on Council's July 15 agenda for consideration of passage.

Franklin Williams, resident, discussed a business with a unique situation wherein they don't have a lot of space and because of that, they sit their trash out on days and/or times not in accordance with the law. He suggested possibly including exceptions to the law for situations like this.

Harry Nail, city investor, said other cities have tried measures like this but have failed. He stated that this law instead created blight because it made it harder on landlords so the landlords fled. He feels an automatic fine for something like a mattress being in the yard is ridiculous. He said the landlord shouldn't be fined especially if they are notified and can correct the situation by simply scheduling a large item pick up.

There being no further discussion, Bill No. 16 was deferred to the July 15 meeting of Council.

5. Resolution No. 55 - A Resolution Appointing James Boyer to the Police Civil Service Board. (View)
Introduced by: Carol Hill-Evans
Originator: Council

Resolution No. 55, Session 2014, A Resolution appointing James Boyer as a member of the York City Police Civil Service Board to fill a vacancy, which term shall expire September 1, 2018, was introduced by Hill-Evans, read at length, and on motion of Hill-Evans, seconded by Satterlee, Resolution No. 55 passed by the following vote: Yeas – Satterlee, Nelson, Hill-Evans – 3; Nays – 0.

6. Resolution No. 56 - A Resolution Terminating Eric Kirkland’s membership on the Zoning Hearing Board and appointing Patricia Maher from an alternate member to regular member. (View)
Introduced by: Carol Hill-Evans
Originator: Council

Resolution No. 56, Session 2014, A Resolution terminating Eric Kirkland’s membership on the Zoning Hearing Board due to nonfeasance related to absences from board meetings, and appointing Patricia Maher from an alternate member of the board to a regular member, to fill the unexpired term of Eric Kirkland, which term shall expire January 1, 2017, was introduced by Hill-Evans, read at length, and on motion of Hill-Evans, seconded by Nelson, Resolution No. 56 passed by the following vote: Yeas – Satterlee, Nelson, Hill-Evans – 3; Nays – 0.

The City Clerk then administered the oath of office to Ms. Maher.

7. Resolution No. 57 - A Resolution Authorizing a management agreement with York Professional Baseball Club. (To manage the ice arena)
Introduced by: David Satterlee (View)
Originator: Public Works

Resolution No. 57, Session 2014, A Resolution awarding a contract to York Professional Baseball Club for the operation, management and maintenance of the York City Ice Arena, for a period of four years beginning September 1, 2014 at a cost of $4,166.67 per month, was introduced by Satterlee, read at length, and on motion of Satterlee, seconded by Hill-Evans, Resolution No. 57 passed by the following vote: Yeas – Satterlee, Nelson, Hill-Evans – 3; Nays – 0.

8. Resolution No. 58 - A Resolution Awarding a contract to Salzmann Hughes, P.C. (For legal services to conduct inter-municipal sewage agreement negotiations and contracting) (View)
Introduced by: David Satterlee
Originator: Public Works

Resolution No. 58, Session 2014, A Resolution awarding a contract to Salzmann Hughes, P.C. to provide legal services to conduct intermunicipal sewage agreement negotiations and contracting in an amount not to exceed $100,000.00 for the year 2014, was introduced by Satterlee, read at length, and on motion of Satterlee, seconded by Nelson, Resolution No. 58 passed by the following vote: Yeas – Satterlee, Nelson, Hill-Evans – 3; Nays – 0.

9. Resolution No. 59 - A Resolution Awarding a contract to Shiloh Paving & Excavating, Inc. (For 2014 Street Improvements) (View)
Introduced by: David Satterlee
Originator: Public Works

Resolution No. 59, Session 2014, A Resolution awarding a contract to Shiloh Paving & Excavating for the 2014 Street Improvement Project in the amount of $272,284.00, was introduced by Satterlee, read at length, and on motion of Satterlee, seconded by Nelson, Resolution No. 59 passed by the following vote: Yeas – Satterlee, Nelson, Hill-Evans – 3; Nays – 0.
 

 

10. Resolution No. 60 - A Resolution Authorizing issuance of certificates of appropriateness during Council’s summer recess. (View)
Introduced by: Carol Hill-Evans
Originator: Council

Resolution No. 60, Session 2014, A Resolution authorizing issuance of certificates of appropriateness during Council’s summer recess for work to be completed as recommended by HARB, was introduced by Hill-Evans, read at length, and on motion of Hill-Evans, seconded by Nelson, Resolution No. 60 passed by the following vote: Yeas – Satterlee, Nelson, Hill-Evans – 3; Nay – 0.

11. Resolution No. 61 - A Resolution Authorizing conditional offers of employment as probationary police officers. (D. Woodring, A. Sable & D. Kelly) (View)
Introduced by: Carol Hill-Evans
Originator: Police

Resolution No. 61, Session 2014, A Resolution authorizing conditional offers of employment as probationary police officers to Dean Woodring, Alex Sable and David Kelly effective July 1, 2014, was introduced by Hill-Evans, read at length, and on motion of Hill-Evans, seconded by Nelson, Resolution No. 61 passed by the following vote: Yeas – Satterlee, Nelson, Hill-Evans – 3; Nays – 0.

12. Resolution No. 62 - A Resolution Authorizing an agreement with the PA Dept. of Health. (To provide dental services) (View)
Introduced by: Renee S. Nelson
Originator: Economic & Community Development (Health)

Resolution No. 62, Session 2014, A Resolution authorizing an agreement with the PA Department of Health to continue a contractual relationship with the city to provide dental services, including dental sealants, varnishes and education for city children to prevent tooth decay for the period of July 1, 2014 through June 30, 2015 in the amount of $46,330.00, was introduced by Nelson, read at length, and on motion of Nelson, seconded by Hill-Evans, Resolution No. 62 passed by the following vote: Yeas – Satterlee, Nelson, Hill-Evans – 3; Nays – 0.

SUPPLEMENTAL AGENDA
June 30, 2014
Public Comment 6:30 p.m.
Legislative Session 7:00 p.m.


13. Resolution No. 63 - A Resolution Approving a Memorandum of Agreement between the City of York and the IAFF, Local 627. (View)
Introduced by: Carol Hill-Evans
Originator: Fire/Rescue

Motion to waive Rule 215: A motion was made by Satterlee, seconded by Nelson, to waive the provision of Resolution No. 215 of Session 1969 to allow consideration of one Resolution. The motion passed by the following vote: Yeas – Satterlee, Nelson, Hill-Evans – 3; Nays – 0.

Resolution No. 63, Session 2014, A Resolution approving a Memorandum of Agreement between the City of York and the IAFF, Local 627 for resolution to the 2007-2012 Collective Bargaining Agreement between the city and the IAFF, was introduced by Hill-Evans, read at length, and on motion of Hill-Evans, seconded by Nelson, Resolution No. 63 came up for discussion.


Fire Chief Michaels explained that this process has been ongoing since 2006 when the contract was first in dispute. He said an arbitration was awarded to the IAFF, which the city disputed, but the city loss the appeal to the Supreme Court. After going this long without a contract and all the legal battles, he said we all sat down to tried to work out the last three remaining items in dispute. He said some portions of the contract are still in litigation but this agreement solidifies those points that have been agreed upon. He then outlined the agreement.

William Sleeger, Vice President of IAFF Local 627, echoed points of discussion stated by Chief Michaels. He said we recognize the impact of the arbitration award which is why we tried to move this process along because it has been stagnant for many years. He thanked the Administration and Council for moving this forward.

President Hill-Evans asked about the inspections aspect. Chief Michaels said the Fire Dept. will still be doing the fire inspections, however, the Property Maintenance Inspectors (PMI) will be doing the property inspections, which they will be trained. He said we are looking at a six month transition period but will keep at it until it is in place.

Councilman Satterlee asked if in theory there will be a reduction in overtime because the PMI's will be doing property inspections. Chief Michaels said once we are fully staffed, we could see a reduction in overtime.

Chief Halpin then discussed the overtime structure.

Discussion ensued on various areas of the agreement and arbitration concerns.

There being no further discussion, Resolution No. 63 passed by the following vote: Yeas – Satterlee, Nelson, Hill-Evans – 3; Nays – 0.

XI. Requests for Future Meetings: None

XII. Council Comment

Councilman Satterlee said the Best of York publication just came out and it was noted that two of the best foods in the city were the coconut curry wings at Pho Bistro and the cheeseburger at Roosevelt Tavern.

President Hill-Evans announced the Garden Tour scheduled for June 14 and invited residents to attend. Tickets are available at City Hall for $10.

XIII. Administration Comment

Fire Chief Michaels said smoke detectors are still available so residents are encouraged to call the Fire Department at (717) 854-3921 to schedule installation.

XIV. Adjournment: The next meeting of City Council is scheduled for Tuesday, July 15, 2014 at 7:00 p.m. (public comment commences at 6:30 p.m.) in Council Chambers, 101 S. George St., York, PA. There being no further business, the June 3, 2014 meeting of Council adjourned at 7:56 p.m.

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