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City Council Meeting Minutes

June 5, 2007

City Council convened in Regular Session at 7:00 p.m. on Tuesday, June 5, 2007, in Council Chambers, 1 Marketway West, 3rd Floor, York, PA, with the following members present: Toni Smith, Wm. Lee Smallwood, Vickie Washington, Joseph R. Musso, Vice President, and Cameron Texter, President, with President Texter presiding. Mayor John Brenner was not present.

Members of the Administration in attendance included: Kim Bracey, Director of Community Development and Kendra Hunter, Director of the Bureau of Permits, Planning & Zoning. Assistant Solicitor Don Hoyt was also present. Jim Gross, Director of Public Works, Kim Bracey, Director of Community Development, Matt Jackson, Director of Economic Development, Mark Whitman, Police Commissioner, John Senft, Fire Chief, and Michael O’Rourke, Business Administrator, were absent.

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

A motion was made by Washington, seconded by Smallwood, to dispense with the reading of the Minutes of May 16, 2007, and approve them as written. The motion passed by the following vote: Yeas – Washington, Musso, Smith, Smallwood, Texter – 5; Nays - 0.

Public Comment

Siobahn Hyser, Codorus Creek Improvement Partnership (CCIP), announced the 6th Annual Codorus Clean-up. She said the first part of the clean up took place on June 2 & 3 and that the second part will take place this weekend, June 9 & 10. Volunteers are asked to meet at the corner of W. Philadelphia St. and Pershing Ave. for registration. Clean up runs from 10:30 a.m. until 5:30 p.m. Gloves and trash bags will be provided.

Committee Reports:

General Committee Meeting: President Texter reported that Council met in a General Committee meeting on Tuesday, May 22, 2007 at 7:00 p.m. in Council Chambers to hear from Steve Gohn of the York Credit Bureau (YCB) discussion on collection efforts being made by the YCB in collecting delinquent city accounts. President Texter said representatives from the YCB meet regularly with the Administration to talk about and update each other on policies and procedures. Overall, President Texter said securing the services of the YCB has proven successful in that a higher number of collections on delinquent accounts have been achieved.

Police Committee, Councilman Cameron Texter, Chair: President Texter then reported that the Police Committee met on Tuesday, May 29, 2007 at 7:00 p.m. in City Council Chambers to discuss Bill No. 19 (click on Bill No. 19 to view) amending Article 1751 “Abatement of Public Nuisances” of the Codified Ordinances by the addition and/or deletion of statutory citations related to the PA Crimes Code, the PA Dog Law Act 151 of 1996, and Title 7 – “General Offenses” of the Codified Ordinances, and to establish points assessed for federal violations. He said committee members heard from members of the public as well as representatives from a local realtor’s association on recommendations for additional amendments. No further action was taken. Bill No. 19 remains in committee.

Supplemental Agenda:

A motion was made by Smallwood, seconded by Smith to waive the provisions of Resolution No. 215 of Session 1969 to permit consideration of a supplemental agenda containing one item (Resolution). The motion passed by the following vote: Yeas – Washington, Musso, Smith, Smallwood, Texter –5; Nays – 0.

Resolution No. 80, Session 2007 (Supplemental Agenda Item). A Resolution appointing Shaleeta R. Washington as Assistant City Solicitor, effective June 19, 2007, was introduced by Texter, read at length, and on motion of Texter, seconded by Smallwood, Resolution No. 80 came up for discussion.

Assistant Solicitor Don Hoyt introduced Ms. Washington and said he is pleased to have her onboard. Attorney Hoyt explained that this position has been vacant since April 2007 when Assistant Solicitor Christopher Connard resigned. He said after an extensive application process, the city was lucky to have come upon Ms. Washington’s application. Attorney Hoyt gave a brief background of Ms. Washington’s experience and education and said she is a native of York City.

Ms. Washington answered a few questions from Council. Council congratulated Ms. Washington on her nomination and recognized her outstanding background. There being no further discussion, Resolution No. 80 passed by the following vote: Yeas – Washington, Musso, Smith, Smallwood, Texter – 5; Nays – 0. The City Clerk then administered the Oath of Office to Ms. Washington.

Legislative Agenda

A motion was made by Texter, seconded by Musso, to consider Agenda Item #13. The motion passed unanimously.

Consent Agenda: A motion was made by Musso, seconded by Washington, to consider agenda items 13 & 14 (Resolution No.’s 81 & 82) as a consent agenda. The motion passed unanimously. Therefore, the following Resolutions were introduced by Musso and read at length:

Resolution No. 81, Session 2007, A Resolution approving the preliminary/final reverse subdivision plan submitted by Stewart Associates to combine lots 6 and 12 in Phase III of the York City Business and Industrial Park with various waivers and contingencies, as outlined in the Resolution.

Resolution No. 82, Session 2007, A Resolution approving the preliminary/final land development plan submitted by Stewart and Associates to construct a 66.9 sq. ft. facility to be used for CINTAS offices.

On motion of Musso, seconded by Smith, Resolution No.’s 81 & 82 came up for discussion.

Jessica Fieldhouse, First Capital Engineering, was onboard and explained the subdivision plan. She said Lots 6 & 12 located in the city’s Industrial Park would be combined. She stated that Monocacy Rd. appears as a u-shaped road but actually dead ends at an abandoned road. Therefore, they plan to vacate, then dedicate the cul-de-sac at 750 ft. instead of 600 ft. to Monocacy Rd. Next, she explained that the land development plan is to construct a 66.9 sq. ft. office space for CINTAS, a wet laundering service. Ms. Fieldhouse stated that street trees and sidewalks would be installed as part of the plan. However, she did say streetlighting was not needed in the area and asked that the Resolution be amended to add a waiver section to 1336.11. She then outlined the various contingencies and waivers as outlined on both Resolutions.

Jim Sponaugle, General Manager, CINTAS, said CINTAS has over 5,000 customers in Central PA and is looking to move its facility down the road to make room for this expansion. Mr. Sponaugle stated that along with this $12.6 million expansion would come 200 additional jobs.

Councilman Smallwood asked if local residents would be considered for hire. Mr. Sponaugle replied that CINTAS currently has 61 employees and would be looking to hire locally to fill the new positions. He asked that anyone wishing to fill out an application to call (717) 848-4787 and ask for Valerie. Councilman Smallwood then asked if CINTAS reaches out to the minority population. Mr. Sponaugle said they do.

Vice President Musso asked if CINTAS would be selling its existing facility. Mr. Sponaugle responded that discussions continue on that issue. He did say one option discussed was to keep the current facility and bring in more services, which would also create new jobs. Vice President Musso then asked a series of questions regarding tractor-trailer ingress and egress, and the various waivers and contingencies outlined on the Resolutions, which were all answered by Mr. Sponaugle.

Gary Stewart, President of Stewart Associates, applauded Director Kendra Hunter and her staff for working with him and his representatives through this entire process. He said there was another viable location available in East York that could have been used to expand CINTAS, however, working with Director Hunter and her staff made all the difference in the world. He said their knowledge and professionalism spoke volumes and was the determining factor in selecting the Industrial Park as the site for this expansion project. Additionally, the city’s LERTA program was a huge plus, he said.

Motion to amend. As there was no further discussion, Vice President Musso made a motion to amend Resolution No. 82, as requested earlier by Ms. Fieldhouse regarding streetlighting. The motion was made to amend Resolution No. 82 to add in the 5th WHEREAS, the following waiver: “Waiver to Section 1336.11 to omit streetlighting requirement.” The motion to amend was seconded by Washington, and passed by the following vote: Yeas – Washington, Musso, Smith, Smallwood, Texter – 5; Nays –0.

There being no further discussion, Resolution No. 81 and 82, as amended, passed by the following vote: Yeas – Washington, Musso, Smith, Smallwood, Texter – 5; Nays – 0.

Council then resumed the printed agenda.

Final Passage of Bill No. 20, Ordinance No. 20, Session 2007, A Bill amending Article 513.14 “Parking Prohibited in Specified Places” of the York City Codified Ordinances, to add language for parking restrictions during events at the York Outdoor Recreation Complex (YORC – a.k.a. Sovereign Bank Stadium), which was introduced by Washington at the May 16 meeting of Council and read by short title came up for final passage. On motion of Washington, seconded by Musso, Bill No. 20 came up for discussion.

Public Works Director Jim Gross explained that this amendment would provide permit parking for residents bordering the stadium, otherwise parking would prove to be an undue hardship on residents during events at the stadium.

Vice President Musso asked if there would be a limit on the number of permits issued. Director Gross said as long as residents could produce vehicle registration and proof of residency on the streets listed, permits would be issued.

Attorney Steve Stambaugh, representing residents of the YORC restricted parking areas, said he hopes the stadium encourages growth in the city, however, he wonders if timeframes would be identified for restricted parking. He said residents would like parking restrictions enforced 24 hours, 7 days a week because though we have an idea of the times events will start at the stadium, how is one to know when the event(s) would end. Vice President Musso asked that residents allow the system to go into effect before any changes are made. If the process proves to be fruitless, he said, then we could revisit this ordinance.

President Texter said Attorney Stambaugh makes a good point. How would the city define event times, he asked. Director Gross said we begin with the start time of each event and project an end time. If times were to be established, he said, the ordinance would have to be amended to incorporate those times.

Attorney Stambaugh said he believes there will be a problem if timeframes are not created because there may be instances where people drank too much and decide to park on the street until the next day. Or, he said, some people may want to take advantage of the downtown nightlife after a game but decide they don’t want to keep their car in the stadium lot but instead park it on one of the streets bordering the stadium. Attorney Stambaugh said he would respect Vice President Musso’s request to wait and see, though he would like the administration to keep his clients’ concerns in mind.

Next, Attorney Stambaugh presented Council with a petition and diagram given to him by resident Michael Rodenhaber, which was signed by 13 of 16 property owners on N. Queen St. (abutting the stadium) to add additional parking spaces. He said residents lost spaces with construction of the stadium and once parking permits are issued, residents still feel there won’t be enough parking spaces.

Michael Rodenhaber, N. Queen St., said the proposal to add additional parking spaces would be created through head-in parking. Additionally, diagonal parking in the alleyway would also create more spaces. Mr. Rodenhaber asked that parking consideration also be given to residents visiting Washington Park and parishioners of West Minster Church.

President Texter asked Mr. Rodenhaber to forward his petition to the City Clerk who will then forward to the appropriate staff for consideration.

Vice President Musso said he would speak with representatives at C.S. Davidson (the city’s engineering firm) on the feasibility of head-in parking. Director Gross said with all due respect, Council does not have the authority to ask C.S. Davidson to do any work.

Discussion ensued on Washington Park and West Minster Church parking problems and possible solutions.

Vice President Musso then asked Director Gross what he meant by his comment that Council doesn’t have the authority to ask C.S. Davidson to do any work. Director Gross said the authority to request work to be done by C.S. Davidson is granted through the Mayor. Vice President Musso vehemently opposed Director Gross’ comment. He said he is tired of the Administration telling him, as an elected official of the city, what he can and cannot do. President Texter interjected that Council speaks as a body not individually and that any action would have to be approved by the majority of Council. Vice President Musso said he is not trying to hire C.S. Davidson to do any work. He said he merely wanted to discuss with them the feasibility of Mr. Rodenhaber’s plan. He said he is tired of residents coming to Council with their plans, proposals, and problems and Council constantly being told we can or cannot do something. Vice President Musso asked that the City Clerk strike his comment about speaking with C.S. Davidson as he will not speak with them about this issue. Therefore, Vice President Musso’s comment to speak with C.S. Davidson about head-in parking is struck from the record.

Councilwoman Washington said when residents come to Council for answers and Council refers these concerns to the Administration, the Administration needs to report back to Council especially seeing that many issues brought to the Council are outside of the Council’s purview. If residents are coming to us for answers and we are unable to satisfy their requests because of “authority”, she said, then the Council expects the Administration to take care of the issue and report back to Council on the action taken.

Katherine Verbamae, 45 N. Albermarle St., suggested that should Council opt to include parking privileges to those visiting Washington Park and parishioners at West Minster Church, then language should be added into the ordinance to reflect said privileges.

Councilman Smallwood recommended tabling this Bill because of the various comments and suggestions being made. President Texter said the issue is not with the Bill, the concern is creation of additional parking.

There being no further discussion, Bill No. 20, Ordinance No. 20, passed by the following vote: Yeas – Washington, Musso, Smith, Smallwood, Texter – 5; Nays – 0.

Final Passage of Bill No. 21, Ordinance No. 21, Session 2007, A Bill amending the 2007 Budget for the Department of Public Works for the S. Queen St. Improvement Project to reflect costs that exceeded budgeted amounts by $108,368.87 for milling and paving, and a reimbursement provided by PennDot in the amount of $210,000 to cover said milling and paving, which was introduced by Washington at the May 16 meeting of Council, and read in brief, came up for final passage. On motion of Washington, seconded by Smallwood, Bill No. 21, Ordinance No. 21 passed by the following vote: Yeas – Washington, Musso, Smith, Smallwood, Texter – 5; Nays – 0.

Introduction of Bill No. 22, Session 2007, A Bill amending the 2007 Budget for the Department of Public Works for the Boat Basin Improvement Project to reflect $75,000 provided by the Board of Foundry Plaza, Inc. to cover costs that exceeded budgeted amounts, was introduced by Washington, read in brief, and deferred until the July 17 meeting of Council.

Introduction of Bill No. 23, Session 2007, A Bill amending the 2007 Budget for fiscal year 2007 for the CDBG and HOME Programs to reflect changes resulting from actual funding levels and to reflect a change to the 2007 Action Plan, was introduced by Musso, read by short title, and deferred until the July 17 meeting of Council.

Introduction of Bill No. 24, Session 2007, A Bill amending Article 121.03 “Department Heads” of the Codified Ordinances to establish that the Mayor shall not serve longer than 120 days as a temporary department head during a vacancy unless approved by a majority of Council, was introduced by Texter, read by short title, and deferred until the July 17 meeting of Council.

Introduction of Bill No. 25, Session 2007, (Click on Bill No. 25 to view) A Bill establishing Article 1729 “Vacant Property Registration” of the Codified Ordinances to establish guidelines for the registration of vacant properties in the City of York, and establishing the payment of related fees, was introduced by Texter, read by short title, and came up for discussion.

Referred to committee. President Texter asked that this legislation be referred to committee. After discussion, referral was recommended to the Economic Development Committee. Therefore, a motion was made by Texter, seconded by Washington, to refer Bill No. 25 to the Economic Development Committee. The motion passed by the following vote: Yeas – Washington, Musso, Smith, Smallwood, Texter – 5; Nays – 0. Vice President Musso said he would schedule a meeting date at a later time. (Note: An Economic Development Committee meeting has been scheduled for Tuesday, July 17, 2007 at 6:00 p.m. in Council Chambers.)

Resolution No. 83, Session 2007, A Resolution awarding a contract to Kinsley Construction for services for the Boat Basin Improvement Project, which said costs shall be $628,544.00 and paid from the Capital Budget fund, account # 50-420-47120-10112, was introduced by Washington, read at length, and on motion of Washington, seconded by Smallwood, Resolution No. 83 came up for discussion.

Director Gross said this project would be to rehabilitate the Boat Basin. The award amount is less than originally bid because we eliminated some parts of the project, which were not necessary. He said this will be a good project that will be able to be done at a reduced cost.

Genevieve Ray, Consultant to the York County Community Foundation, outlined the project. She said the plan includes new lighting to enhance safety, the grassy basin resculpted to provide a “sittable” slope, the stage at the river’s edge doubled in size and raised 3 ft. to minimize mud deposits, curved metal benches arranged in an elegant arc embracing the entire basin, complete reworking of the parking lot so it blends with the park (with no loss of spaces), and a spectacular new, welcoming entryway to the park – a “Gear Garden” at the Philadelphia St. edge, directly across from the Commerce Center, filled with 10 ft. tall flowers made from gears, sprockets and other industrial artifacts from York County companies. The Gear Garden is totally funded by private donors, she said. Ms. Ray then outlined funding streams and said that Foundry Plaza, Inc. has pledged to raise $75,000 to fill a funding gap. Ms. Ray said she is extremely excited about this project and she would notify Council when groundbreaking is to take place.

President Texter asked how long before the project is completed. Ms. Ray said the project is expected to take 4-6 months. Ms. Ray then answered a few questions from Council. Council recognized contributors to the project and thanked all involved in this wonderful undertaking.

There being no further discussion, Resolution No. 83 passed by the following vote: Yeas – Washington, Musso, Smith, Smallwood, Texter – 5; Nays – 0.

Resolution No. 84, Session 2007, A Resolution authorizing an agreement with Met-Ed for the installation, maintenance, and upgrade of streetlights on Wood St. and Don Ave. (new installations), and 125 Pattison St. and 154 Arch St. (upgrades), was introduced by Washington, read at length, and on motion of Washington, seconded by Smallwood, Resolution No. 84 passed by the following vote: Yeas – Washington, Musso, Smith, Smallwood, Texter – 5; Nays – 0.

Consent Agenda: A motion was made by Washington, seconded by Musso to consider agenda items 9 & 10 (Resolution No.’s 85 & 86) as a consent agenda. The motion passed unanimously. Therefore, the following Resolutions were introduced by Washington and read at length:

Resolution No. 85, Session 2007, A Resolution authorizing an agreement with Real Lease for the lease purchase of an atomic absorption spectrometer for use at the WWTP, which said lease will be for a period of 5-years with a total of sixty (60) month payments of $985.00 and paid from the Intermunicipal Sewer Fund account #61-240-46140-00000.

Resolution No. 86, Session 2007, A Resolution awarding a contract to Industrial Waste Control in the amount of $157,899 for the replacement of the existing sand filter media in Sand Filters #1 through #4 at the WTTP, which costs shall be paid from the Intermunicipal Sewer Fund account #61-240-44210-00000.

On motion of Washington, seconded by Musso, Resolution No.’s 85 and 86 came up for discussion.

Steve Douglas, General Manager, WWTP, explained that an absorption spectrometer is used to test for heavy metals in industrial and plant samples, and the sand filter is used to clean wastewater before its deposited into the creek.

There being no further discussion, Resolution No.’s 85 and 86 passed by the following vote: Yeas – Washington, Musso, Smith, Smallwood, Texter – 5; Nays – 0.

Resolution No. 87, Session 2007, A Resolution awarding a contract to Johnson, Mirmiran & Thompson (JMT) to provide professional consulting services associated with rewriting of the York City Planning and Zoning Code (Part 13 of the York City Codified Ordinances) and updates to the Strategic Comprehensive Plan 2015, was introduced by Musso, read at length, and on motion of Musso, seconded by Smallwood, Resolution No. 87 came up for discussion.

Genevieve Ray, Member of the York City Planning Commission (former Chair), was filling in for Mike Johnson, Chairman of the Planning Commission, who was out-of-town. Ms. Ray said the Planning Commission approached the Administration about two (2) years ago to provide funding for this project. JMT’s corporate office is located in Sparks, MD; however, they also have a local office at 220 St. Charles Way, York. JMT provides a broad range of planning services, which include working with communities to help them prepare for municipal growth such as through zoning and land development ordinances. Ms. Ray stated that JMT understands the importance of community involvement and they work hard to ensure the community is involved in the planning process.

Vice President Musso said he has been working with the Planning Commission and Community Development on this initiative. Vice President Musso, a long time member and former Chairman of the York City Planning Commission, was heavily involved in the planning stages of the Strategic Comprehensive Plan 2015 and the 1995 rewriting of the planning and zoning code. He thanked Mayor Brenner for finding the funds to support this initiative and he applauded JMT for employing such a talented group of individuals. Vice President Musso explained that in 1995, the Planning Commission and the City were basically forced into updating the planning and zoning code because of changes to the Municipal Planning Code (MPC). He said this project would be almost identical to the 1995 process in that this will be a complete re-writing of our planning and zoning ordinances. Vice President Musso said the Planning Commission would be taking the lead on this assignment and he looks forward to the seeing the finished project.

President Texter said he heard about a request to possibly expand the Historic District and asked if that would be a part of this plan. Director Kendra Hunter responded that as we look for community involvement, the city will reach out to Historic York to ensure applicability and compatibility with HARB’s current boundaries.

Vice President Musso urged the Planning Commission and Community Development to actively reach out to the neighborhood associations because they serve as an excellent conduit to the community.

There being no further discussion, Resolution No. 87 passed by the following vote: Yeas – Washington, Musso, Smith, Smallwood, Texter – 5; Nays – 0.

Resolution No. 88, Session 2007, A Resolution authorizing an amendment to the 2007 (corrected to read 2005) Annual Action Plan for HOME funds to appropriate unallocated prior year entitlements from HOME in the amount of $150,000 and unexpended entitlements appropriated to Hudson Park Towers in the amount of $250,000, which said funds ($350,000) will be reallocated to the Adopt-A-House program (Community Renaissance Project), was introduced by Musso, read at length, and on motion of Musso, seconded by Washington, Resolution No. 88 came up for discussion.

Motion to amend. Director Bracey said the Resolution states we are amending the 2007 Action Plan when we are actually amending the 2005 Action Plan. President Texter made a motion to amend Resolution No. 88 to change the Action Plan year from 2007 to 2005. The motion was seconded by Musso and passed by the following vote: Yeas – Washington, Musso, Smith, Smallwood, Texter – 5; Nays – 0.

Vice President Musso asked that once this 2005 amendment is made, will those funds rollover into the 2007 budget. Director Bracey said yes. Vice President Musso then asked if Hudson Park Towers would be receiving funding this year. Director Bracey said they are not receiving CDBG or HOME funds this year, however, she is hopeful they will receive funding in 2008.

There being no further discussion, Resolution No. 88 passed by the following vote: Yeas – Washington, Musso, Smith, Smallwood, Texter – 5; Nays – 0.

Resolution No. 89, Session 2007, A Resolution authorizing an encroachment agreement with WHIZCO, owner of 20 W. Market St., to install a handicapped accessible ramp and landing within the public right-of-way, was introduced by Musso, read at length, and on motion of Musso, seconded by Smith, Resolution No. 89 passed by the following vote: Yeas – Washington, Musso, Smith, Smallwood, Texter – 5; Nays – 0.

Resolution No. 90, Session 2007, A Resolution authorizing an agreement with the United Way of York to provide garden management and support services to advance the community garden initiative, which said agreement shall be in the amount of $1,500 for the period of June 1 through November 30, 2007, was introduced by Musso, read at length, and on motion of Musso, seconded by Smallwood, Resolution No. 90 passed by the following vote: Yeas – Washington, Musso, Smith, Smallwood, Texter – 5; Nays – 0.

Resolution No. 91, Session 2007, A Resolution accepting the recommendations of HARB in approving a certificate of appropriateness for work to be covered in the application filed by Holly Mitzel for work to be done at 326 E. Princess St., was introduced by Texter, read at length, and on motion of Texter, seconded by Musso, Resolution No. 91 came up for discussion.

Motion to amend. President Texter made a motion to amend Resolution No. 91 to remove “PVC” from the language, as the fencing recommended by HARB is to be wooden not PVC. The motion was seconded by Smith and passed by the following vote: Yeas – Washington, Musso, Smith, Smallwood, Texter – 5; Nays – 0.

President Texter then explained that HARB approved work to be done at 326 E. Princess St. to install a rear fence, with the following stipulations:

1. PVC is not an appropriate material for the historic district and may not be used for the proposed fence. 2. A wooden fence of the height preferred by the applicant may be erected. The new fence will have pickets or boards with flat or dog-eared tops. 3. The gate will be of the same material and style as the fence.

President Texter said HARB members alerted him that the applicant might put in an appearance tonight to appeal HARB’s decision as the applicant preferred PVC fencing and felt a wood fence would require too much maintenance. However, as the applicant was not present, a motion was made by Texter, seconded by Musso, to approve Resolution No. 91, as amended, which passed by the following vote: Yeas – Washington, Musso, Smith, Smallwood, Texter – 5; Nays – 0.

Resolution No. 92, Session 2007, A Resolution accepting the recommendations of HARB in approving a certificate of appropriateness for work to be covered in the application filed by Casey Brenner, C&W Management, for work to be done at 209 E. Philadelphia St., was introduced by Texter, read at length, and on motion of Texter, seconded by Smallwood, Resolution No. 92 came up for discussion.

Motion to amend. President Texter made a motion to amend Resolution No. 92 to remove “to cover the façade with vinyl siding and install a new gutter system” from the language as HARB’s recommendations are to remove the vinyl siding and the wood siding is to be repaired or replaced in-kind. The motion to amend was seconded by Musso and passed by the following vote: Yeas – Washington, Musso, Smith, Smallwood, Texter – 5; Nays – 0.

President Texter explained that comparable to the prior case (Res. #91), HARB members also alerted him that this applicant might put in an appearance tonight to appeal HARB’s decision. He was informed that the applicant said he did not know the building was in the HARB district. Also, the applicant alleges that the wooden siding was painted two years ago and the paint is already peeling and some of the boards are warping. Additionally, the applicant said the shutters, windows and door were removed and were not saved.

President Texter said HARB approved the application for 209 E. Philadelphia St. to install vinyl siding and gutters with the following stipulations: 1. The facade of 209 E. Philadelphia Street must be restored to its original configuration before the work began, as follows: a) The vinyl siding must be removed and the wood siding repaired or replaced in kind. b) The new door must be removed and replaced with a paneled wood door. c) The transom must be uncovered, and the four-light transom restored, or replaced in kind if gone. d) The first- and second-story windows must be removed and replaced with wooden 6/6 sash. Interior or exterior storm windows may be installed. e) Shutters to match those that were removed and those at 207 must be re-hung with the appropriate hardware. f) The fascia and gutter system must be repaired or replaced in kind. 2. At 207 East Philadelphia Street: a) The wood siding will be repaired in kind with an epoxy consolidant product or replaced in kind as needed. b) The bottom sash in the first-story window will be replaced with a six-light sash to match the other windows. c) The third-story dormer windows will be replaced with wooden 2/2 sash to match those at 209.

There being no further discussion, Resolution No. 92, as amended, passed by the following vote: Yeas – Washington, Musso, Smith, Smallwood, Texter – 5; Nays – 0.

Resolution No. 93, Session 2007, A Resolution accepting the recommendations of HARB in issuing certificates of appropriateness for work to be covered in the following applications as submitted and approved by HARB: Roberto Madrigal for work to be done at 115 S. Pine St.; YCEDC for work to be done at 322-338 N. Court St., 315 N. George St. & 10-14 Washington St.; Walt Myer for work to be done at 904 S. George St.; Joan Burgasser for work to be done in the 200-300 blocks of E. Market St. & 100 block of Susquehanna Ave.; and Retro-Tech Systems, Inc. for work to be done at 315 W. King St. 446 & 450 E. Market St., and 115 S. Pershing Ave., was introduced by Texter, read at length, and on motion of Texter, seconded by Musso, Resolution No. 93 passed by the following vote: Yeas – Washington, Musso, Smith, Smallwood, Texter – 5; Nays – 0.

Requests for Future Meetings: (Click on hyperlink to view legislation)

Fire Committee, Councilwoman Toni Smith, Chair: Resolution No. 21, (click on Resolution No. 21 to view) a Resolution amending licensing and inspection fees associated with day care facilities as established in Article 1761 of the Codified Ordinances remains in committee.

Public Works Committee, Councilwoman Vickie Washington, Chair: Public Works Committee meeting to be scheduled to discuss Bill No. 13 (click on Bill No. 13 to view) repealing Article 193 “Advisory Council on Recreation and Parks” of the Codified Ordinances.

Announcement: At the close of tonight’s meeting, York City Council will be in summer recess until the third Tuesday in July. The next regular meeting of Council will be held on Tuesday, July 17, 2007 at 7:00 p.m. in City Council Chambers, 1 Marketway West, 3rd Floor, York, PA.

Special Session: Council will meet in special session on Monday, June 11, 2007 at 1:00 p.m. in Council Chambers, 1 Marketway West, 3rd Floor, York, PA, to consider approval of certificates of appropriateness for work to be covered in applications as recommended and approved by the Historical Architectural Review Board (HARB). No other items will be considered.

Economic Development Committee, Vice President Joseph R. Musso, Chair: Committee meeting scheduled for Tuesday, July 17, 2007 at 6:00 p.m. in City Council Chambers, 1 Marketway West, 3rd Floor, York, PA, to discussion Bill No. 25, (click on Bill No. 25 to view) a Bill establishing Article 1729 “Vacant Property Registration” of the Codified Ordinances to establish guidelines for the registration of vacant properties in the City of York, and establishing the payment of related fees.

Council Comment

Councilman Smallwood proudly announced that his niece will be graduating from York High this month and is the Valedictorian of her class.

Vice President Musso asked that the following letter he received from Congressman Todd Platts dated May 17, 2007 responding to Vice President Musso’s letter and Resolution (Res. #69-07) to support extension of rail service from Baltimore, MD to the City of York, be made part of the record (Click on hyperlink to view):

1. Resolution No. 69 (click on Resolution No. 69 to view) – A Resolution supporting extension of rail services from Baltimore to York.

2. Letter from Congressman Todd Platts (click on Letter from Congressman Todd Platts to view letter) Note: A copy of Congressman Platts’ letter is attached to Resolution No. 69 of 2007 located in the City Clerk’s Office.

Administration Comment: None

Next Meeting: The next regular meeting of City Council is scheduled for Tuesday, July 17, 2007 at 7:00 p.m. in City Council Chambers, 1 Marketway West, 3rd Floor, York, PA.

Adjournment: There being no further business, the June 5, 2007 meeting of Council adjourned at 9:10 p.m.