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City Council Meeting Minutes

September 4, 2007

City Council convened in Regular Session at 7:00 p.m. on Tuesday, September 4, 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: Jim Gross, Director of Public Works, Kim Bracey, Director of Community Development, Michael O’Rourke, Business Administrator, and Mark Whitman, Police Commissioner. Also present was Assistant Solicitor Don Hoyt and Treasurer Don Murphy. Matt Jackson, Director of Economic Development, and John Senft, Fire Chief, were absent.

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

A motion was made by Washington, seconded by Smith, to dispense with the reading of the Minutes of August 8, 2007, and approve them as written. The motion passed by the following vote: Yeas – Washington, Musso, Smith, Smallwood, Texter – 5; Nays - 0.

Public Comment:

Mike Rhine, York, PA, disabled citizen, asked the public to contact him should anyone know of individuals in need of a person to shred paper because he is available for such a task. Mr. Rhine then thanked those involved in approving and supporting the Sovereign Bank Stadium (baseball stadium), which he feels gives residents and visitors an opportunity to enjoy spending time with family and friends. Mr. Rhine then complained of correctional officers at the prison who tease him whenever he goes to visit his friends in jail. President Texter said the prison falls under the auspices of the County so he suggested Mr. Rhine attend a County Commissioner’s meeting to relay his concern.

Tim Page, 680 E. Princess St., York, PA, said he has been coming to Council meetings for years and has worked very hard to make his house a home. However, he feels the neighborhood has gone down hill, and crime and filth is like a cancer spreading through his neighborhood. He said if the city can catch this cancer early, we may be able to salvage our neighborhoods. Unfortunately, he stated his complaints and concerns fall on deaf ears. Mr. Page then discussed a junkyard in his neighborhood, which he believes is operating illegally. He accused workers at the junkyard of stealing scrap metal from his property. Mr. Page stated that he called the police because he saw his metal on the junkyard’s property but by the time the police got there he said the metal was gone. He went on to explain he pressed charges against the junkyard because the theft was a loss of $8,000 for him. After the case went to court, he said, he only recovered $2,000 of his loss. Mr. Page stated he feels the Administration doesn’t have the ethics to be able to enforce our laws.

Clarence Marsh, 732 S. Newberry St., York, PA, complained about inadequate parking conditions, which he feels, in part, is a result of tenant occupied properties. Mr. Marsh lives in the college area and said students living in these houses are parking any and everywhere. Some are even parking illegally, he said. Mr. Marsh stated he received a parking ticket because he had to park close to a corner because he had no other place to park. He said paying his ticket caused him financial hardship. Also, Mr. Marsh complained about trash, college students partying all the time, weeds, public urination, and loud noise. He said all of these issues are bringing down the property value of the law abiding, taxpaying residents of the city who care about the neighborhood. Mr. Marsh pleaded with the Administration to send someone out to clean up his neighborhood.

Earl Carter, 561 S. Queen St., York, PA, followed-up on his comments made during the July 17th Council meeting with regard to residents placing garbage our, with no lids, on non-collection days. He said the problem still exists. Mr. Carter then thanked Councilwoman Smith for the role she played in getting the Farquhar Park basketball court resurfaced. With out kids not having anything to do, this will hopefully serve as an attraction for our youth to do something other than hang out on the streets and corners, he said.

President Texter replied that he did relay Mr. Carter’s concern to Director Kim Bracey. He said since Police Commissioner Whitman is present, and heard your comments, so hopefully he will be able to address your concerns about kids hanging out on the street.

Councilwoman Smith said she was more than happy to take part in researching funding for the Farquhar Park basketball court-resurfacing project. She happily reported that the project did not involve taxpayer dollars. Councilwoman Smith encouraged residents to respect our parks and to report any vandalism as soon as possible.

Presentations: None

Committee Reports: (Click on Resolution / Bill No. to view)

Resolution No. 21-07: Amending the list of licensing and inspection fees as they relate to day care facilities to be imposed in accordance with Article 1761 "Licensing and Inspection of Tenant Occupied Residential and all Institutional Occupancies" of the Codified Ordinances (retroactive to January 1, 2007). The Resolution was introduced at the February 6, 2007 meeting of Council and referred to the Fire Committee. A Committee meeting was held on February 20, 2007 at 6:00 p.m. in Council Chambers. Resolution No. 21 remains in the Fire Committee. No additional meeting dates scheduled at this time.

Bill No. 13-07: Repealing Article 193 "Advisory Council on Recreation and Parks" of the Codified Ordinances. The Resolution was introduced at the March 20, 2007 meeting of Council. Bill No. 13 was referred to the Public Works Committee. No Committee meeting date has been scheduled.

Bill No. 19-07: Amending Article 1751 "Abatement of Public Nuisances" of the York City Codified Ordinances, by the addition and/or deletion of citations within Article 1751 relating to "Title 18 - Pennsylvania Crimes Code", the "Pennsylvania Dog Law Act 151 of 1996", and "Title 7 - General Offenses" of the York City Codified Ordinances, and establishing points assessed for federal violations. The Bill was introduced at the May 1, 2007 meeting of Council. Bill No. 19 was referred to the Police Committee. A Committee meeting was held on Tuesday, May 29, 2007 at 7:00 p.m. in Council Chambers. Discussions continue, therefore, Bill No. 19 remains in committee. No additional committee meetings scheduled at this time.

Bill No. 25-07: 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 the payment of related fees. The Bill was introduced at the June 5, 2007 meeting of Council. Bill No. 25 was referred to the Economic Development Committee. A Committee meeting was held on Tuesday, July 17, 2007 at 6:00 p.m. in Council Chambers. Discussions continue, therefore, Bill No. 25 remains in committee. No additional committee meetings scheduled at this time.

Bill No. 27-07: Establishing Article 153 "Historic Monument Preservation Fund" to preserve historic monuments located in the City of York. Bill No. 27 was introduced and tabled at the August 8 Council meeting and referred to the Rules and Administrative Code Committee. The Bill was not discussed in committee but was instead referred back to Council for consideration of final passage at the September 4, 2007 Council meeting.

Bill No. 30-07: Amending the City of York Noise Control Ordinance to remove language to simplify the ordinance and make it more enforceable. The Bill was introduced at the August 8, 2007 meeting of Council. Bill No. 30 was referred to the Police Committee. A Committee meeting was held on Tuesday, August 14, 2007 at 7:00 p.m. in Council Chambers. Bill No. 30 was released from committee and is scheduled to appear on the September 4, 2007 Council legislative agenda for consideration of final passage. President Texter said he will present an amendment to Bill No. 30 this evening prior to consideration of final passage.

Resolution No. 107-07: Opposing the application by American Ash Recycling Corp. of PA (AAR-PA) for DEP's approval of a comprehensive general permit renewal application for processing and the subsequent re-use of treated ash aggregate. The Resolution was introduced at the August 8, 2007 meeting of Council. Resolution No. 107 was referred to the Community Development Committee. Vice President Musso reported that a Committee meeting was held on Tuesday, August 28, 2007 at 7:00 p.m. in Council Chambers. The Resolution was released from committee and will appear on tonight’s agenda for consideration of final passage. However, he said committee members plan to recommend tabling the Resolution with the understanding that DEP will extend its public comment period with regard to AAR's application and DEP's subsequent public hearing for said application to follow.

Immigration Resolution: Supporting earned legalization of immigrants to this country in an unauthorized status who have built up equities and are otherwise admissible. This Resolution was pulled from the August 8 Council agenda to allow for possible future discussions and debate.

Legislative Agenda

Final Passage of Bill No. 27-07, Ordinance No. 26, Session 2007, (Click here to view Bill No. 27) A Bill establishing Article 153, “Historic Monument Preservation Fund” of the Codified Ordinances, which was introduced by Smallwood at the July 17th meeting of Council, and tabled, came up for final passage. A motion was made by Smallwood, seconded by Smith, to remove Bill No. 27 from the table for consideration of passage. The motion passed by the following vote: Yeas – Washington, Musso, Smith, Smallwood, Texter – 5; Nays – 0. The Bill came up for discussion.

President Texter explained that Bill No. 27 was tabled at the August 8th Council meeting because of unresolved questions from Vice President Musso regarding allocation of funds related to the Historic Monuments Preservation Fund. (Click here to view the August 8th Minutes)

Vice President Musso said the reason he brought up discussion on allocation of monies in the Historic Monuments Fund was to get the Administration’s attention regarding the need to fund youth programs. He thanked Mayor Brenner and Director Bracey for working with Mr. Marion Kinard of the Wellington Youth Sports and Recreation Program in getting $11,500.00 in CDBG funding assistance to help with start-up costs.

Treasurer Don Murphy stated that he is also pleased funding was found to support the Wellington program but assured Council that existing funds in the Historic Monuments account will be put to good use. With these funds, he said, the city will never have to worry about maintaining our historic monuments and cemeteries as this money will be used for the repair and maintenance of those monuments.

Councilwoman Smith said she helped to raise funds to support the Wellington program and she personally asked Mayor Brenner to consider matching funds to compliment the $13,000 raised in private donations. She said she is extremely pleased how this all turned out.

Councilman Smallwood feels we can maximize on monies in the Historic Monuments Fund if we also consider allocating PILOT (payment in lieu of taxes) monies from the stadium to this fund. He also suggested consideration be given to appropriating some of the Historic Monuments monies to the Beautification of York endowment fund.

President Texter said he completely supports the Historic Monuments Fund because people come from all over the country to see York’s rich history. As the first Capital of the United States, York has a lot to be proud of and to protect our history is extremely important. As for youth programs, he said he feels the Wellington program is a good way to offer our kids an alternative to hanging out on the streets. With 160 kids signed up to take advantage of the program, he feels start-up money is a great investment not only for our kids but also for the City of York as a whole.

Motion to amend. Vice President Musso said he feels Council should have some oversight responsibility for this money so he offered an amendment to section 153.05 “Distribution of Funds” of Bill No. 27, and Exhibit A, last page, last paragraph, to read as follows (bold, underlined text was added):

153.05 DISTRIBUTION OF FUNDS
Distributions will be made annually upon the City of York’s submitting to the Foundation projected expenses for costs directly associated with routine and annual maintenance of historic monuments and cemeteries. Distributions from the Fund may be made for other than routine maintenance (major cleaning, reconstruction, etc.) from the principal, if necessary, if the request is made by the City of York’s Investment Committee (consisting of the Mayor, Controller, and Treasurer) and the consent of the York City Council.

The motion to amend was seconded by Smith and came up for discussion.

Treasurer Murphy said he’s opposed to this amendment because he feels it would create a micro-management element. Vice President Musso said Council usually finds out about appropriations and expenditures of money after it’s already happened. He stated that it is Council’s responsibility to oversee the budget and, as such, he feels its Council’s duty to be involved in any appropriations and expenditures of city funds.

Treasurer Murphy explained the allocation process in that expenditures would be submitted to the Director of Public Works and those expenditures will not be approved unless used directly for the purpose of repairing and/or maintaining historic monuments and cemeteries. He further explained that the Historic Monuments Fund will not reflect as a line item in the city’s budget as the York County Community Foundation (YCCF) will be managing this account.

Vice President Musso said so Council won’t know when and where this money is being spent. Treasurer Murphy responded that Council can request to review contracts at anytime. Vice President Musso said he would not support this Bill without this amendment.

Tim Page, 680 E. Princess St., York, PA, said he appreciates the intent of this fund but when you look at how funds have been and are being spent, the process is questionable. Mr. Page recalled the Farquhar Park Gazebo renovation project whereby a contractor was using particleboard to renovate the gazebo, which he claims was the cheap way out in order to save money. Mr. Page feels this money should be used for public safety and to clean up our streets.

Genevieve Ray, 101 Rathton Rd., York, PA, agreed with Vice President Musso in that Council should have the authority to direct where this money goes. Ms. Ray said administration costs attached to YCCF’s management of this account should also be taken into consideration.

A discussion ensued on distributions made from principal, administration costs, and cost benefits.

Vote on amendment. There being no further discussion, the motion made by Vice President Musso, and seconded by Smith, to amend Bill No. 27 passed by the following vote: Yeas – Washington, Musso, Smallwood, Texter – 4; Nays – Smith – 1.

There being no further discussion, Bill No. 27, Ordinance No. 26, as amended, passed by the following vote: Yeas – Washington, Musso, Smallwood, Texter – 4; Nays – Smith – 1.

Final Passage of Bill No. 30, Ordinance No. 27, Session 2007, (Click here to view Bill No. 30) A Bill amending Article 714 “Noise Control” of the Codified Ordinances to simplify language to make the ordinance more enforceable, which was introduced by Texter at the August 8 meeting of Council, and referred to the Police Committee (meeting held on 8/14/07 at 7p.m.), came up for final passage. On motion of Texter, seconded by Washington, Bill No. 30 came up for discussion.
Motion to amend. President Texter presented an amendment to Bill No. 30 to include, in general, amending the days and times in which noise disturbances are prohibited. Therefore the following Resolution to amend Bill No. 30 was introduced:

Resolution No. 116, Session 2007 (Click here to view Resolution), A Resolution amending Bill No. 30 to further improve the City of York’s Noise Control Ordinance by amending, in general, days and times in which noise disturbances are prohibited, and requirements for impoundment of items for evidence, was introduced by Texter, read in brief, and on motion of Texter, seconded by Smith, Resolution No. 116 passed by the following vote: Yeas – Washington, Musso, Smith, Smallwood, Texter – 5; Nays – 0. (Res. #116 note: bold, underlined text was added; strikethrough text was deleted.)

Motion to amend. Vice President Musso said he would like to remove section 714.05 “Impoundment of Items for Evidence” from Bill No. 30 because he feels the Bill has enough enforceability without the need to impound items. Therefore, the following Resolution to amend Bill No. 30 was introduced:

Resolution No. 117, Session 2007 (Click here to view Resolution), A Resolution amending Bill No. 30 to remove Section 714.05 “Impoundment of Items for Evidence”, was introduced by Musso, and read at length. On motion of Musso, seconded by Washington, Resolution No. 117 came up for discussion. (Res.#117 note: strikethrough text was deleted.)

Commissioner Whitman said most noise complaints are about music coming from cars, especially in the downtown business district. He said if we get the word out to the public, hopefully there won’t be a need to impound items, such as vehicles.

President Texter said this was discussed during committee and Commissioner Whitman felt it was a good idea to include impoundment of items. With regard to vehicles, he said, the vehicle would only be impounded for evidentiary purposes and the car would be returned after evidence is obtained and the court is satisfied. President Texter stated that he supports impoundment of items as he feels it puts more teeth in this legislation. He said he hopes this law will show that we are serious about protecting the welfare of our residents. President Texter did mention a concern he heard about possible police misuse of this law. He said if complaints are received about selective enforcement and/or misuse of the intent of this legislation, Council can revisit and revise as needed at a later time.

Vice President Musso said he understands the intent and feels this is a good law aside from the impoundment provision. He feels the fines are enough to show the public we’re serious.

Commissioner Whitman said we aren’t looking to own vehicles. Impoundment is a temporary measure in order to secure evidence needed in court. After the evidentiary procedures are exhausted, vehicles would be returned to the owner.

Councilwoman Washington also questioned the need to impound items, especially vehicles. She said do you realize the hardship this would create for our working class citizens. Additionally, the word “may” is peppered throughout the ordinance, which she feels leaves the door wide open for selective enforcement.

Councilwoman Smith said for years residents have complained about noise so she feels this Bill is an aggressive measure to deal with those complaints.

Norma Mangan, 800 block of E. Market St., York, PA, said she is a 70-year-old woman who works second shift. The noise is so loud (especially from cars) to the point she said she can’t get to sleep, entertain, or watch television. Traffic and noise from traffic is taking a negative affect on her quality of life, she said.

Gussy Ritter, Harding Court, York, PA, stated that not only are cars playing loud music but neighbors are blasting their home stereos. She suggested impounding stereos instead of cars.

Ed Denson, 900 block of E. Market St., York, PA, feels our laws are a joke to out-of-towners and he feels impounding their cars will show them we mean business.

Lester Abbott, 953 E. Market St., York, PA, said he gets up early every morning to go to work and these noisemakers are interfering with his right to a good night’s sleep so he said he completely supports taking people’s cars.

James Morgan, 921 Marbrook Lane, York, PA, stated that he feels the pain of those living along the downtown “loop”. He said an Ashley Furniture parking lot sits right behind his house and is being used as a racetrack almost every night. He said squealing tires and booming car stereos keep him and his family up all night. Mr. Morgan stated he supports this law, with the impoundment provision, and said lets get a truck on that parking lot and start hauling cars away.

Marlese Dick, Axel Plumbing, N. George St., York, PA, feels people are violating the noise ordinance deliberately because they don’t care about anyone but themselves. She supports impounding vehicles and other items.

Tony Brown, 231 Park Place, York, PA, said last night he couldn’t sleep because of noise coming from the baseball stadium. Also, he asked how do we know the police officers enforcing this law have passed the racial profiling test. He said we must be mindful that some of these kids are driving their parent’s cars. Don’t just make a law on presumption, he said. Cars are a means of support for many families so you’re looking for trouble when you start messing with families trying to put food on their table.

Joanne Borders, 334 W. Princess St., and Matthew Mann, 1046 Edison St., York, PA, both asked questions about specific noise disturbances, such as barking dogs and factory noise, which President Texter said is covered in the ordinance.

Stephanie Seaton, Director of the York City Human Relations Commission, and city resident, said she supports the noise ordinance, however, we must be cognizant not to violate civil rights. She explained that complaints come into the HRC all the time about neighbors making noise and sometimes its just people using the police to get a neighbor in trouble because of a personal vendetta of some sort. She said the York City Human Relations Commission will remain mindful of any violations to civil rights.

Tim Page, 680 E. Princess St., York, PA, said he has asked that the noise ordinance be enforced for years and hears noise disturbances even with his television on and air conditioner running. Mr. Page feels all the city needs is a simple decibel reader that would cost only a few hundred dollars a year. He stated that York City is very selective in its enforcement and suggested we use our existing laws, hire qualified employees, and buy proper equipment.

A debate ensued on decibel meters, how they are used, why meters were never purchased, and costs associated with using decibel meters.

Mike Helfrich, 23 S. George St., York, PA feels decibel meters would be an inexpensive, worthwhile instrument. Tom Foust, 436 E. Market St., York, PA, is concerned about selective enforcement but feels this would be an effective ordinance if used properly. Manuel Gomez, York, PA, feels this law violates his constitutional rights and that the impoundment of items is a severe punishment that doesn’t fit the crime.

After Council voiced its varied opinions about the impoundment provision, a motion was made by Musso, seconded by Washington, to approve Resolution No. 117. The motion passed by the following vote: Yeas – Washington, Musso, Smallwood, Texter – 4; Nays – Smith – 1.

There being no further discussion, Bill No. 30, Ordinance No. 27, as amended by Resolution No.’s 116 & 117, passed by the following vote: Yeas – Washington, Musso, Smallwood, Texter – 4; Nays – Smith – 1.

President Texter called for a recess at 9:20 p.m. to allow for a bathroom and water break.
President Texter reconvened the meeting at 9:28 p.m.

Final Passage of Bill No. 31, Ordinance No. 28, Session 2007, (Click here to view Bill No. 31) A Bill amending Article 513.14 “Parking Prohibited in Specified Places” of the Codified Ordinances to add language to allow businesses within the restricted parking area around the York Outdoor Recreation Complex (a.k.a. Sovereign Bank Baseball Stadium) to qualify for a residential parking sticker, which was introduced by Musso at the August 8th meeting of Council, and read by short title, came up for final passage. On motion of Musso, seconded by Smallwood, Bill No. 31, Ordinance No. 28 passed by the following vote: Yeas – Washington, Musso, Smith, Smallwood, Texter – 5; Nays – 0. (Bill No. 31 note: Bolded, underlined text was added.)

Resolution No. 107, Session 2007, (Click here to view Resolution No. 107) A Resolution opposing the application by American Ash Recycling Corporation of Pennsylvania (AAR) for DEP’s re-approval of a comprehensive General Permit Renewal Application for processing and the subsequent re-use of Treated Ash Aggregate, which was introduced by Texter at the August 8th meeting of Council, read by short title, and referred to the Community Development Committee (meeting held on 8/8/07), came up for final passage. On motion of Texter, seconded by Musso, Resolution No. 107 came up for discussion.

Vice President Musso said the Community Development Committee met on Wednesday, August 8, 2007 at 6:00 p.m. in Council Chambers and heard from both sides of the issue. Committee members voted the Resolution out of committee; however, is recommending this legislation be tabled with the understanding that DEP will extend its public comment period with regard to AAR's application and that a public hearing regarding said application would follow.

President Texter relayed that Ron Hassinger, General Permits/Beneficial Use Section, Bureau of Land Recycling & Waste, did receive his letter requesting a public hearing. (Click here to view letter) (A copy of this letter is also attached to Resolution No. 107 located in the City Clerk’s Office.) President Texter said he contacted DEP regarding Council’s request for a public hearing on the American Ash permit renewal and spoke to Lynn Langer, the Assistant Local Government Liaison for DEP, who confirmed that DEP received our request, as well as the request from the West Manchester Township Board of Supervisors. Ms. Langer she said DEP is considering the requests and may schedule the meeting or hearing in October. President Texter stated that he offered the use of Council Chambers for the meeting or hearing and gave Ms. Langer his contact information and asked her to contact him when she might have more information.

Michael Helfrich, Lower Susquehanna Riverkeeper, said September 12th is the last day for public comment on this issue.

Vice President Musso said he would only support tabling this legislation with the understanding that DEP does intend to extend its public comment period and does plan to hold a public hearing to discuss AAR’s permit renewal request.

Dan Mueller, President, American Ash Recycling, said it is most definitely DEP’s intent to hold a public hearing, which is projected for October and they have communicated that they will extend the public comment period.

Mr. Helfrich said he would take Mr. Mueller on his word about extension of the public comment period but said he requests the public still go with the September 12th public comment deadline anyway and to contact Mr. Ron Hassinger at (717) 787-2693 with questions.

Motion to table. There being no further discussion, a motion was made by Musso, seconded by Smith, to table Resolution No. 107. The motion to table passed by the following vote: Yeas – Washington, Musso, Smith, Smallwood, Texter – 5; Nays – 0.

Consent Agenda. A motion was made by Musso, seconded by Smith, to introduce Bill No.’s 32 & 33 as a whole. The motion passed unanimously. Therefore, the following Bills were introduced by Washington:

Introduction of Bill No. 32, Session 2007, A Bill amending Article 951 “Municipal Solid Waste Management Act” of the Codified Ordinances to update language to make it consistent with current laws and regulations.

Introduction of Bill No. 33, Session 2007, A Bill amending Article 952 “Waste Minimization and Recycling” of the Codified Ordinances to update language to make it consistent with current laws and regulations.

Public Works Director Jim Gross said these Bills are merely cleaning up language with one major change being made to the curbside collection schedule.

Cassie Dennis, City of York Environmental Specialist, and Scott Wagner, Penn Waste, were onboard to explain. Ms. Dennis explained the following:

Effective November 5, 2007, there will no longer be a Wednesday/Saturday refuse district in York City and a new holiday collection schedule will go into effect.

After much consideration and many discussions between York City and it’s contracted hauler, Penn Waste, Inc, regarding holiday collections, the City of York has decided to make two changes to the current curbside collection contract. It is anticipated that these changes will both better serve customer needs and will alleviate the challenges associated with holiday make-up collections that haulers face. Your patience and cooperation during this transition are appreciated!

The first change, customers who are currently in the Wednesday/Saturday refuse district will be assigned new collection days. Note, there will be no change in collection days for customers who are already in the Monday/Thursday and Tuesday/Friday refuse districts.

The Wednesday/Saturday area will be divided in half along Market Street. The North half, including both sides of Market Street, will be consolidated into the Monday/Thursday refuse district; the South half will be consolidated into the Tuesday/Friday refuse district.

In order to service the same amount of customers in four days that were collected in six days, the contractor will dedicate additional vehicles, drivers and loaders to each of the two enlarged refuse districts.

Because the order in which collections are made could vary, customers may receive earlier or later collections than they are accustomed to. Crews will not return for items that were not placed out on time. To ensure collections, customers are reminded to place ALL items at the designated spot by 6 a.m. on their designated collection days. Items that are placed out late, after crews have already gone through, must be held until the next regularly scheduled collection day.

Remember, collections begin as early as 6 a.m. and may continue as late as 9 p.m. Customers may call York City’s Public Works office at 843-1240 or 849-2245 the following day to report a missed collection.

The second change, a new holiday collection schedule will take effect November 5, 2007. The OLD holiday collection schedule directed customers to place up to double the normal amount of trash and yard waste for collection on their next regularly scheduled trash day (3 or 4 days later), and to hold recyclable materials until the following week (7 days later).

Under the NEW holiday collection schedule, when a holiday falls on A WEEKEND, Saturday or Sunday, there will be NO CHANGE to collections.

When a holiday falls on ANY WEEKDAY, Monday thru Friday, ALL curbside collections city-wide that fall ON or AFTER the holiday will be delayed by (1) day, beginning with the holiday and continuing throughout the remainder of the affected week. For example, if a holiday falls on Wednesday, collections for Monday and Tuesday are not affected.

However, ALL curbside collections for the remainder of that holiday week, Wednesday through Friday, are delayed by (1) day. That means for 96% of the contracted areas in York County, ALL Wednesday collections/operations are bumped to Thursday, Thursday collections bump to Friday and Friday collections bump to Saturday.

- Source: www.yorkcity.org

Ms. Dennis said customers may contact the Public Works Department at (717) 849-2245 or 843-1240 with questions.

Scott Wagner, Penn Waste, outlined several other changes, which in part included reducing the weight of certain curbside trash, in most cases from 75 pounds to 40 pounds, and no person shall use refuse containers in excess of 32 pounds or use containers that are not specifically sold for the purpose of refuse storage. This law also authorizes improper containers to be confiscated and disposed of by authorized personnel. Mr. Wagner said this is a win-win situation because these changes will in the long run help reduce disposal costs.

Ms. Dennis and Mr. Wagner answered several questions from Council. There being no further discussion, Bill No.’s 32 and 33 were deferred until the September 18th meeting of Council.

Introduction of Bill No. 34, Session 2007, A Bill amending the York City Budget for the year 2007 by appropriating revenue and expenditures for the Public Work Department for the East Prospect Street Streetscape and Renaissance Park Projects to reflect that the YWCA has or will secure additional private contributions in the amount of $90,000 toward said projects, was introduced by Washington, read by short title, and deferred until the September 18th meeting of Council.

Introduction of Bill No. 35, Session 2007, A Bill amending the York City Budget for the year 2007 by appropriating expenditures for the Parking Bureau, and the Police and Fire Departments to cover the purchase of several vehicles, which said costs shall be from the Capital Project Fund, was introduced by Texter, read by short title, and deferred until the September 18th meeting of Council.

Resolution No. 118, Session 2007, A Resolution appointing James H. Morgan as a member of the Police Civil Service Board to serve in said capacity until June 18, 2011, was introduced by Texter, read at length, and on motion of Texter, seconded by Washington, Resolution No. 118 passed by the following vote: Yeas – Washington, Musso, Smith, Smallwood, Texter – 5; Nays – 0.

Resolution No. 119, Session 2007, A Resolution awarding a contract to Doug Lamb Construction in the amount of $606,554.50 (paid from the special projects fund account number 26-420-47120-10105 & CDBG funds) for the East Prospect Street Streetscape and Renaissance Park Projects, was introduced by Washington, read at length, and on motion of Washington, seconded by Smallwood, Resolution No. 119 passed by the following vote: Yeas – Washington, Musso, Smith, Smallwood, Texter – 5; Nays – 0.

Resolution No. 120, Session 2007, A Resolution approving grant contract #C0000026956 with DCED in the amount of $45,000 to fund 75% of pay for the position of Director of Community Partnerships for White Rose Community Television (WRCT), was introduced by Smallwood, read at length, and motion of Smallwood, seconded by Smith, Resolution No. 120 came up for discussion.

Councilman Smallwood asked if this position would be advertised. Business Administrator O’Rourke said he doesn’t know if the position will be advertised because the person already on staff at WRCT has been basically doing this job already but under the title of Project Manager. He said the final word would come from the Mayor.

Vice President Musso asked to whom would this position report to. Administrator O’Rourke said he would serve as the supervisor. The salary range would be $47-313.34 - $59,141.00. Administrator O’Rourke explained that as WRCT is a regional asset, the station and its staff would be regionally funded; however, a fundraising drive will be put together using all entities utilizing the services of WRCT.

There being no further discussion, Resolution No. 120 passed by the following vote: Yeas – Washington, Musso, Smith, Smallwood, Texter – 5; Nays – 0.

Consent Agenda. A motion was made by Texter, seconded by Musso, to introduce Resolution No.’s 121-123 as a whole. The motion passed unanimously. Therefore the following Resolutions were introduced:

Resolution No. 121, Session 2007, A Resolution authorizing a budget transfer within the 2007 CDBG budget in the amount of $15,000 to cover a contract with the Literacy Council, was introduced by Musso, and read at length.

Resolution No. 122, Session 2007, A Resolution authorizing a budget transfer for the Parking Bureau ($8,685), the Police Dept. ($1,807), and the Fire Dept. ($14,048), within the 2007 Budget to cover the purchase of several vehicles, was introduced by Texter, and read at length.

Resolution No. 123, Session 2007, A Resolution authorizing the purchase of two (2) vehicles for use by the Parking Bureau ($8,685); one (1) vehicle for use by the Police Dept. ($4,382); and three (3) vehicles for use by the Fire Dept. ($14,048), which said purchase shall be made from Fisher Leasing of Reading, PA, was introduced by Texter, and read at length.

On motion of Texter, seconded by Musso, Resolution No.’s 121, 122 and 123 passed by the following vote: Yeas – Washington, Musso, Smith, Smallwood, Texter – 5; Nays – 0.

Resolution No. 124, Session 2007, A Resolution re-approving the preliminary / final land development plan submitted by Sunrise Holdings, LP to build a car wash facility at 1090 Marbrook Lane, was introduced by Musso, read at length, and on motion of Musso, seconded by Smith, Resolution No. 124 came up for discussion.

Cathy Connelly, LSC Design, explained that in the midst of fulfilling the contingency requirements made by the Fire Department from Council’s original approval of the plan, the 90-day recording period with the Recorder of Deeds had elapsed. She said there were no additional changes made to the plan, therefore, they are seeking re-approval from Council to allow them to record the plan with the Recorder of Deeds Office.

There being no further discussion, Resolution No. 124 passed by the following vote: Yeas – Washington, Musso, Smith, Smallwood, Texter – 5; Nays – 0.

Resolution No. 125, Session 2007, A Resolution approving the preliminary / final land development plan submitted by the Young Men’s Christian Association (YMCA) to construct a natatorium, outdoor pool and parking facility (referred to as the YMCA – Graham Aquatic Center), located at 542 and 661 N. Newberry St., was introduced by Musso, read at length, and on motion of Musso, seconded by Smallwood, Resolution No. 125 came up for discussion.

Larry Richardson, President, YMCA, said the YMCA is committed to building an indoor and outdoor pool facility. “The indoor pool complex will be a state-of-the-art aquatics facility that will become a York City destination for thousands of visitors each year through competitions and events. It will create new programming opportunities for the community such as swimming classes, diving, and water polo as well as allow branch pools to have more lap swimming and class time. The outdoor pool will run similarly to the current outdoor pool but will feature improved recreational opportunities such as a spray-ground, a volleyball court, and appropriate “age zones” for multigenerational fun. The Aquatics Center is still in the design process, and many individuals are working diligently to develop the perfect plan. With everything on schedule, the groundbreaking should be sometime in early winter”. – Source: www.yorkcoymca.org/newsletterymca.pdf

Vice President Musso said he would like Mr. Richardson to continue to seek funding to allow them to incorporate some of the recommendations from the Strategic Comp Plan related to this area, such as the roundabouts, which would serve as a traffic calming measuring especially since the pool is situated between an elementary school and Farquhar Park.

There being no further discussion, Resolution No. 125 passed by the following vote: Yeas – Washington, Musso, Smith, Smallwood, Texter – 5; Nays – 0.

Resolution No. 126, Session 2007, A Resolution approving the final land development plan submitted by Educational Property Group for the redevelopment of 550 S. Pine St. as high density, residential development for student housing (referred to as an unaffiliated dormitory), was introduced by Musso, read at length, and on motion of Musso, seconded by Smallwood, Resolution No. 126 came up for discussion.

John Walsh, Educational Property Group, was onboard and explained the project and said EPG is excited and anxious to get this project underway. Vice President Musso asked about the “fee in lieu of” with regard to recreation space. Mr. Walsh said the in lieu of contribution from EPG would be to install a walking path along the boundary of the housing site to connect it from the housing site to the campus. Vice President Musso said wants EPG to ensure a safe passageway is made available for these students and that adequate lighting is installed.

Tom Foust, 436 E. Market St., York, PA, asked several zoning questions, which were answered by Council and Mr. Walsh.

There being no further discussion, Resolution No. 126 passed by the following vote: Yeas – Washington, Musso, Smith, Smallwood, Texter – 5; Nays – 0.

Resolution No. 127, Session 2007, A Resolution authorizing an agreement with Emig Research Center to provide epidemiological services and consultation to the York City Bureau of Health for the period of August 1, 2007 through July 31, 2008 at a rate of $35.00/hr. payable to the Center for said services, was introduced by Musso, read at length, and on motion of Musso, seconded by Smallwood, Resolution No. 127 passed by the following vote: Yeas – Washington, Musso, Smallwood, Texter – 4; Nays – 0. (Note: Councilwoman Smith was absent during the vote on this Resolution.)

Resolution No. 128, Session 2007, A Resolution accepting the recommendations of HARB in issuing a permit to Ben Schick, United Realty & Development, for work to be done at 100-102 S. Beaver St., Isaiah Anderson, New Hope Academy, and Ben Washington, Washington & Dowling Contractors, for work to be done at 459 W. King St., Michael Key, Key Realty, for work to be done at 124 S. Pine St., Oscar Herrera, Bell Socialization Services, for work to be done at 259 E. Philadelphia St., and Arlan Hollinger, EI Associates, for work to be done at 31 N. Pershing Ave., was introduced by Washington, read at length, and on motion of Washington, seconded by Smallwood, Resolution No. 128 passed by the following vote: Yeas – Washington, Musso, Smith, Smallwood, Texter – 5; Nays – 0.

Requests for Future Meetings: No meeting requests were made or scheduled.

Council Comment
Vice President Musso said he would like to meet with Community Development Director Kim Bracey, Mayor Brenner, and Police Commissioner Whitman about Bike Night to discuss concerns from vendors that they are being told vendor hours would be reduced because of limited police coverage available during Bike Night. From an economic standpoint, if this is true, he said, it doesn’t make sense.

Administration Comment: None

Next Meeting: The next regular meeting of City Council is scheduled for Tuesday, September 18, 2007 at 7:00 p.m. in Council Chambers, 1 Marketway West, 3rd Floor, York, PA.

Adjournment: There being no further business, the September 4, 2007 meeting of Council adjourned at 11:02 p.m.