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City Council Meeting Minutes

December 18, 2007

City Council convened in Regular Session at 7:00 p.m. on Tuesday, December 18, 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 also present.

Members of the Administration in attendance included: Jim Gross, Director of Public Works, Kim Bracey, Director of Community Development, Mark Whitman, Police Commissioner, and Michael O’Rourke, Business Administrator. Also present was Assistant Solicitor Shaleeta Washington and Treasurer Donald T. 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 December 4, 2007 and December 11, 2007, and approve them as written. The motion passed by the following vote: Yeas – Washington, Musso, Smith, Smallwood, Texter – 5; Nays - 0.

Presentations

Mayor Brenner was onboard and presented Keys to the City to Councilman Wm. Lee Smallwood, Councilwoman Vickie Washington, Treasurer Don Murphy and Controller Jim Sneddon (Controller Sneddon was not present) to honor their years of service to the City of York as their terms of service as elected officials will expire at the end of the year. Mayor Brenner spoke kind words about each departing official and wished them a fond farewell.

Next, President Texter read the following Resolution into the record:

“Council of the City of York, PA
Session 2007
Resolution No. 166

INTRODUCED BY: Cameron Texter DATE: December 18, 2007

A Resolution Honoring Councilman Wm. Lee Smallwood

WHEREAS, Mr. Smallwood was born in York, PA, attended York City Schools, and graduated from William Penn Senior High in June of 1963; and

WHEREAS, Mr. Smallwood has been employed as an Administrator of a minority business in Philadelphia, PA, and a Credit Manager in the South Central N.J. area before returning to York in 1970 where, upon his return to his hometown, worked at the Caterpillar Inc., served as Business Manager for the Community Progress Council, an Administrative Officer for the Pennsylvania Department of Community Affairs, Executive Director of the York County Office of Employment and Training, and Administrator of Community Development, Employment, and Housing Programs at the Crispus Attucks Association; and

WHEREAS, Mr. Smallwood also administers Professional Development Programs, Management Development Services, Seminars, and Workshops, and Programs and Services for the African-American and Hispanic communities and has done continuing education studies with the State University of New York, Penn State University, Harrisburg Area Community College and numerous state and federal civil service training courses; and

WHEREAS, Mr. Smallwood's community service and involvement began during the "Charette" town meeting of 1970 and he has since served on the Boards of the York Area Development Corporation and its subsidiaries, Crispus Attucks Association, Inc., York City Citizens Advisory Committee, Minority Police Recruitment Steering Committee, Community Caucus of York, York Area Chamber of Commerce's Employment and Training and Employment and Development Committees, the Strand-Capitol Performing Arts Center, Inc. Board of Directors and Leadership York Board of Directors; and

WHEREAS, Mr. Smallwood is the founder and past President of the Minority Business Association, Inc. and a Charter Member of the South York Lions Club and has also served on the Professional Development Committee for the National Universities Continuing Education Association, the Pennsylvania Association for Continuing Education, the Education Committee for York 2000, and the York Agricultural and Industrial Museum Education and Exhibit Committees; and

WHEREAS, Mr. Smallwood was further called to serve the community to fill a vacancy on York City Council from 1977 to 1980, and was then elected to City Council in 1983 and re-elected in 1987, 1991, 1995, 1999 and 2003; and

WHEREAS, Mr. Smallwood is the senior member and former President of Council with twenty-seven (27) years service, and currently serves as Chair of the Business Administration Committee of Council; and

WHEREAS, as a member of Council, Mr. Smallwood has introduced a Bill that became the catalyst for the Crispus Attucks Employment and Housing initiative; has authored legislation that made Martin Luther King Jr.'s birthday a legal holiday; and has authored the Speakeasy Bill, the Landlord Drug Bill, and the Small and Disadvantaged Business Enterprise Program Bill, which became law in York City; and

WHEREAS, Mr. Smallwood was instrumental in acquiring a Pennsylvania Historic Plaque in honor of William C. Goodridge, a prominent 19th Century African American Entrepreneur in York, PA; initiated and co-chaired the 1990 Task Force on Minority Business Development, which led to the development of the York County Chamber of Commerce Office of Minority Business Development and the Minority Business Finance Corporation; and is also past President and member of the Board of Directors of the William C. Goodridge Business Resource Center, and serves on the Board of the York County Industrial Development Corporation, and the South Pershing Community Development Corporation; and

WHEREAS, Mr. Smallwood’s term on York City Council will expire the first Monday of January 2008;

NOW, THEREFORE, BE IT RESOLVED, that We, the Members of York City Council, hereby applaud the resourcefulness, devotion to duty, and outstanding achievements of Mr. William Lee Smallwood and his exceptional abilities reflect great creditworthiness. Mr. Smallwood’s initiative, diligence, personal interest, and professional competency serves as a sterling example for all to emulate and has marked him as a community leader of the finest caliber; and

BE IT FURTHER RESOLVED, that the achievements and efforts of Mr. William Lee Smallwood in helping to provide economical opportunities, cultural diversity, safe and attractive neighborhoods, investment opportunities, equal opportunities, and quality of life services for the York Community shall be and is hereby permanently inscribed in our records to serve as an example of true leadership.

Presented to Mr. Wm. Lee Smallwood on behalf of fellow City Council Members Vickie Washington, Toni Smith, Joseph R. Musso, Vice President, and Cameron Texter, President.

Given under the seal of the City of York, Pennsylvania this 18th day of December in the year of our Lord two thousand and seven.”

President Texter, Vice President Musso, and Councilwoman Smith presented Councilman Smallwood with a framed copy of Resolution No. 166 and a gift basket to honor Mr. Smallwood’s years of services to the community.

President Texter, Vice President Musso, and Councilwoman Smith then presented Councilwoman Washington with parting gift and wished her a fond farewell.

Councilman Smallwood thanked the Mayor and Council for this recognition. He reminisced on his community involvements and those he’s met along the way. Councilman Smallwood stated that he wanted to make positive change, which he did in his own quiet way. He said his goal was that we could all sit at the table together and break bread. We’ve come a long way and have a long way to go, he said, and we have to pull together if we want to make York a better community for our family and friends.

Councilpersons Texter, Musso, and Smith spoke kind words about Councilman Smallwood and applauded him for a job well done. All those present in Council Chambers stood to their feet and applauded Councilman Smallwood.

Community Development Director Kim Bracey read a statement from Abe Amoros, former Councilman and former Director of Community Development, bidding Councilman Smallwood a fond farewell and commending him on his years of service.

Next, President Texter commended Councilwoman Washington on a job well done. He said that though she was only in office for four (4) years, she made an impact on the community that will be realized for years to come. He said they didn’t always see eye to eye but he respected her opinions and knew that she was acting in what she believed to be the best interest of the community.

Vice President Musso and Councilwoman Smith reiterated President Texter’s comments and wished Ms. Washington a fond farewell.

Councilwoman Washington thanked Mayor Brenner, the Administration, and Council for their kind words. She tearfully recognized the Hernandez family who lost four (4) family members in a tragic fire a few days ago. She encouraged residents to donate funds to help the family. She then thanked everyone who supported her through the years and said she was grateful for all the friends she’s made along the way. Councilwoman Washington said she will remain involved in the community and she outlined her upcoming endeavors. She especially thanked Councilman Smallwood for taking her under his wing and Vice President Musso for showing her so much respect. She said she will miss the City Clerk and the long talks they shared.

Councilman Smallwood said Councilwoman Washington did what a councilperson is supposed to do and that’s to represent the community. He spoke many kind words about Councilwoman Washington and stated that he was proud of her.

Don Hake, Matthew Mann, Sterling Von Nickerson, and Ed Berry, York residents, also bid the outgoing elected officials a fond farewell and applauded them for a job well done.

Tom Foust, 436 E. Market St., York, PA, agreed with comments made about Councilpersons Smallwood and Washington. He said he’s had a personal relationship with both of them and his history with Councilman Smallwood goes back more than 20 years. He dotingly reminisced on past involvement with Councilpersons Washington and Smallwood and said their presence at the Council table will be missed.

Vera Smallwood, Councilman Smallwood’s mother, thanked God for her son and said she was very proud of him. She stated that Mr. Smallwood’s father passed away nine (9) years ago and she knows he his smiling down upon him with great pride. She also applauded the efforts of Councilwoman Washington during her tenure on Council and asked her to keep up the good work. Mrs. Smallwood encouraged everyone to keep God in your hearts because believing in Him is the key to success.

Carol Hill-Evans, Councilperson Elect, thanked Councilpersons Smallwood and Washington for outstanding service to the community and said she appreciated all they have done to better the York community.

Genevieve Ray, Councilperson Elect, thanked Councilwoman Washington for being resolute and resilient and thanked Councilman Smallwood for being a revolutionary.

Sandra Thompson, Attorney, presented Councilman Smallwood with a Certificate (plaque) from the National Coalition of 100 Black Women York Chapter honoring Councilman Smallwood for his service to the community.

Each member of Council then took a moment to recognize departing officials Treasurer Donald T. Murphy and Controller James Sneddon and thanked them both for a job well done.

As the presentations were lengthy, President Texter called for a recess at 7:55 p.m. President Texter reconvened the meeting at 8:07 p.m.

Public Comment

Don Hake, York, PA, spoke about Council’s December 4th meeting with regard to passage of Bill No. 19, which amended the Nuisance Abatement ordinance (Click here to view Bill). Mr. Hake stated that he thought landlords were suppose to be involved in this legislation. However, he said what was passed is not their recommendations. He read a ruling by Common Pleas Court Judge Dorney basically opposing various portions of the law. He asked if Council was aware of this ruling when they passed this ordinance.

Assistant Solicitor Washington said Council adopted the legislation the same day Judge Dorney’s decision was received.

President Texter said he knew there was a case before the Common Pleas Court but he wasn’t aware of Judge Dorney’s ruling at the time Council adopted Bill No. 19. He said it was his understanding that Commissioner Whitman met with the attorney representing the Real Estate Investors of York about Bill No. 19 and that the Bill included recommendations from the realtors.

Vice President Musso offered to meet with Mr. Hake and members of the Real Estate Investors of York to discuss their concerns.

Ed Berry, 247 E. Maple St., York, PA, spoke about his neighbor who called the police on some kids that were throwing rocks at cars. When the police came, he said, the kids alleged that the neighbor was making racial slurs at them. Mr. Berry feels this behavior needs to stop and race issues need to be discussed between adults so we can nip this problem in the bud. Next, Mr. Berry stated that he feels all veterans’ memorials should be relocated to the downtown area to make them more visible to residents and visitors.

Sterling Von Nickerson, 264 E. King St., York, PA, called into question a possible conflict of interest in that Assistant Solicitor Don Hoyt played three roles in the $1.8 million bond issue for the Ohio Blender’s site. He said Attorney Hoyt represented the RDA, the City, and the Council. Mr. Nickerson wanted to know how the $1.8 million parlayed into the 5-yr. financial plan. He said he wants to see downtown redevelopment succeed but said we have to realize how fragile our downtown is and the need for increased police presence.

Rita Linebaugh, President of the Real Estate Investors of York, thanked Vice President Musso for being willing to meet with them to discuss the Nuisance Abatement ordinance. She said many landlords have a vested interest in the city and should be involved in legislation affecting them. Ms. Linebaugh stated that they have many ideas and issues they’d like to share in order to achieve the intent of this legislation.

Committee Reports

Business Administration Committee, Wm. Lee Smallwood, Chair: Councilman Smallwood reported that the B.A. Committee met tonight, Tuesday, December 18, 2007 at 6:00 p.m., in Council Chambers to discuss Bill No. 50 (Click here to view Bill) – A Bill re-establishing Article 353 “Occupation Tax” of the Codified Ordinances; and Bill No. 51 (Click here to view Bill) – A Bill establishing Article 355 “Realty Transfer Tax” of the Codified Ordinances. He said the Bills were voted out of committee and will appear on Council’s special agenda for December 27, 2007 (1:00 p.m.). (Click here to view agenda)

Economic Development Committee, Joseph R. Musso, Chair: Vice President Musso reported that the E.D. Committee met on Tuesday, December 11, 2007 at 7 p.m. to discuss Bill No. 46 (Click here to view Bill) - A Bill approving a General Indemnity Agreement in the amount of $1.8 million in order to provide a surety agreement or similar security for the York City Redevelopment Authority for the Ohio Blenders property which is situated between N. Beaver St. and N. Pershing Ave. in the City of York. Immediately following the committee meeting, Council convened in Special Session to consider final passage of said Bill, which passed by a 4-1 vote. Council also heard from the city’s accounting firm information on the 2006 annual audit.

Supplemental Agenda

A motion was made by Texter, seconded by Smith, to waive the provisions of Resolution No. 215 of Session 1969 to permit consideration of a supplemental agenda containing one item. The motion passed unanimously.

Resolution No. 167, Session 2007 (Supplemental Agenda), (View Resolution) A Resolution authorizing a lease-purchase agreement in the amount of $575,000 with ShotSpotter, Inc., with financing through M&T Bank, for a Shotspotter system in the City of York, was introduced by Texter, read at length, and on motion of Texter, seconded by Smith, Resolution No. 167 came up for discussion.

Commissioner Whitman stated that contingent upon the 2008 Budget being adopted, passage of this Resolution will authorizing an agreement to install a ShotSpotter system that will detect the exact location of shots fired and an will give an accurate depiction of activities in the city. He then introduced Jack Pontious, Director, Eastern Region Sales, ShotSpotter, Inc.

Mr. Pontious explained the ShotSpotter gun detection system.

“The ShotSpotter Gunshot Location System utilizes patented technology to detect weapons-fire events over large, complex environments. ShotSpotter products range from systems for public safety agencies and 911 dispatch centers (which instantly identify, locate and give a visual of the location of a gunshot event in an urban area) to fully mobile, inter-networked wireless systems for the military that are capable of detecting and locating many types of weapon events in various challenging environments.

All ShotSpotter products are built on the same proven ShotSpotter Gunshot Location System technology. ShotSpotter uses either wired or wireless sensors deployed over areas from one-half square mile up to tens of square miles or hundreds of linear miles. For example, 90 miles of Interstate were covered in central Ohio during the Columbus, OH sniper investigation. The technology can also be used in airports, stadiums or other public ventures.

ShotSpotter utilizes the principle of acoustic triangulation to locate gunfire across wide areas. Because of its patented spatial filter technology, ShotSpotter systems are not fooled by noises, which sound like gunfire but are misleading (like car backfires, firecrackers, etc.). Similarly, the technology filters out echoes and other acoustical anomalies. Using a continuous feedback loop, which constantly adjusts sensor trigger and other parameters, ShotSpotter is able to deliver instantaneous system reports to dispatchers within seconds of a weapon being fired.

The unique spatial filter technology makes for a very cost-effective solution: ShotSpotter systems deploy with only 8-12 sensors per square mile—far fewer than the number required by any other systems. ShotSpotter sensors detect gunfire at a range of one to two miles away from the sensors, and ShotSpotter systems have been shown to be accurate to within 25 meters over one to two mile ranges.

In addition, ShotSpotter performs real-time spooling of all signals captured at a sensor, to support later detailed forensic and intelligence analysis of events. Such information can include other non-weapons events, weapon type and direction of fire analysis, and even information related to the direction and speed of shooters on the move.”

Source: www.shotspotter.com

Mr. Pontious presented Council with a map of York City broken down into 4 quadrants. The quadrants reflected high crime areas, which would be the areas concentrated on to receive the ShotSpotter system. He said this system provides 100% ground troops and ShotSpotter staff would train applicable personnel on how to use this system. Mr. Pontious outlined how the cameras and sensors are mounted, which would be high atop buildings, and how they are operated.

President Texter asked if the cameras could get vandalized. Mr. Pontious said the cameras, if spotted, could be vandalized, however, the entire ShotSpotter system comes with a 2-yr. warrantee. Therefore, any damaged equipment would be replaced. He did say that though the cameras could be vandalized, the sensors that detect the gunshot could not.

A lengthy discussion ensued on police response time, camera uses and purpose, target areas, effectiveness of the ShotSpotter System, liability, warranties, maintenance, legal implications, and costs.

Mr. Pontious said if approved, the ShotSpotter system would be up and running by March 2008.

Administrator O’Rourke explained financing and said M&T will own the equipment while the city is leasing it, however, at the end of the lease term, the city will gain ownership with a cost buyout of $1.

Mayor Brenner said with creative financing we are able to fund this system and in order to maintain it, the city will not give up its efforts to seek funding assistance through grants, donations, etc.

Manuel Gomez, York, PA, spoke out against the ShotSpotter System. He feels this will target his community for selective enforcement and militarization. Mr. Gomez said let’s attack the essence of violence, which is drugs sales and drug use. He said he is opposed to installation of the ShotSpotter system and said he feels he’s being targeted for incarceration.

Matthew Mann, 1046 Edison St. said for the money we’re paying for this system, it would be nice if it did more than just spot gunfire because other crimes, such as muggings, happen without gunfire.

Tom Foust, 436 E. Market St., York, PA, stated that his neighborhood hears lots of gunfire but he has mixed emotions about this system. He asked several questions about installation and financing, which were answered by Mr. Pontious. Mr. Foust feels other hidden and long-term costs might be involved with this system, such as maintenance, weather damage, and upgrades.

Business Administrator O’Rourke explained that the $575,000 cost includes $500,000 for hardware, software, programming and installation, and $75,000 is for the maintenance and support agreement.

Genevieve Ray, Council Elect, said she feels Council’s decision tonight will carry-over for years. She said she’s concerned about the interest being paid to M&T Bank over the 5-year leasing period.

Mayor Brenner said this is a program we have been working on for years. Personnel across the country have discussed the ShotSpotter system and how it can be used as a valuable tool to help reduce crime and save lives. This system will not serve as a cure all, he said, however, the costs involved is small compared to the long-term benefits of having this system.

Business Administrator O’Rourke said when you look at how much it costs to fund one police officer over a five year period, this system will more than pay for itself.

Carol Hill Evans, Council Elect, stated that she’s not convinced she likes this system and that the bulk of her concern is the long-term costs and how it will affect our residents, especially those on fixed incomes. She encouraged the Administration to continue its efforts to secure long-term funding.

Gerry Turner, 1201 S. Pine St., York, PA, said there is a dollar cost involved with securing public safety and it appears this is a desperate measure to ensure public safety. This tool might work, he said, so let’s give it a try and hope that it works.

There being no further discussion, Resolution No. 167 passed by the following vote: Yeas – Washington, Musso, Smith, Smallwood, Texter – 5; Nays – 0.

Legislative Agenda

Final Passage of Bill No. 39, Ordinance No. 41, Session 2007, (Click here to view map) A Bill renaming a portion of Washington Street in the City of York to Brooks Robinson Way, which was introduced by Musso at the November 7, 2007 meeting of Council, read by short title, and advertised for three consecutive weeks, came up for final passage. On motion of Musso, seconded by Washington, Bill No. 39 came up for discussion.

Vice President Musso read the following proclamation into the record:

An Ordinance Renaming Washington Street in the City of York, Pennsylvania to
“BROOKS ROBINSON WAY"

WHEREAS, Brooks Calbert Robinson, Jr., played Major League Baseball for 23 years for the Baltimore Orioles and played third base with a skill and flare unmatched in the long and storied history of the game; and

WHEREAS, Brooks began his professional baseball career in 1955 as a second baseman for the York White Roses Baseball Team, in York Pennsylvania, under manager George Staller, who wisely recommended that Brooks be moved to third base; and

WHEREAS, later that same year, Brooks was a late season call-up by the Baltimore Orioles and made his Major League debut on September 17, 1955 by going 2 for 4 against the Washington Senators while driving in a key run in the eighth inning; and

WHEREAS, Brooks went on to establish Major League records for third basemen for most hits (2,848), most games played (2,871), most seasons (23) , most chances (8,902), most putouts (2,697), most assists (6,205), and most double plays (618); and

WHEREAS, Brooks compiled a .267 lifetime batting average with 2,848 hits, 268 home runs and 1,357 RBIs, and at the conclusion of the 1977 season, his Number 5 was the first ever retired by the Baltimore Orioles; and

WHEREAS, Brooks played in 18 consecutive All Star games from 1960 through 1974 with a .289 lifetime All Star batting average, and was named the Most Valuable Player in the 1966 game in St. Louis; and

WHEREAS, Brooks played in five League Championships and four World Series leading the Orioles to 30 wins in 39 playoff games by batting .303 while driving in the game-winning run seven times, and was named the Most Valuable Player in the 1970 World Series; and

WHEREAS, Brooks won a record 16 straight Gold Gloves from 1960 through 1975 as the best third baseman in the American League and was the American League Most Valuable Player in 1964,

WHEREAS, Brooks was chosen the Most Valuable Oriole in 1960, 1962, 1964 and 1971, and was the first player elected to the Orioles Hall of Fame in 1977; and

WHEREAS, Brooks was inducted into the Major League Baseball Hall of Fame in 1983, one of only 16 players to be so honored on the first ballot, and in 1999 he was named to the All-Century Team, honoring the best 25 players in baseball history; and

WHEREAS, in the thirty years since his playing career has ended, Brooks has remained an integral part of his adopted home town of Baltimore, Maryland, where he and his wife, Connie raised their children Brooks David, Chris, Michael and Diana, and has shown that he was a great player, but is an even greater human being; and

WHEREAS, 52 years after his professional baseball debut in York, Brooks has come full circle by now serving as part owner of Opening Day Partners, the ownership group of the York Revolution, who has brought baseball back to York;

NOW, THEREFORE, BE IT ORDAINED, that WE, the Members of York City Council of the City of York, Pennsylvania, do hereby rename Washington Street located in the City of York, Pennsylvania, to “BROOKS ROBINSON WAY” in honor of the outstanding achievements of one of the greatest baseball players in the history of the game, BROOKS CALBERT ROBINSON, JR.

Presented on behalf of City Council Members Vickie Washington, Toni Smith, Wm. Lee Smallwood, Joseph R. Musso, Vice President, and Cameron Texter, President.

Given under the seal of the City of York, Pennsylvania this 18th day of December in the year of our Lord two thousand and seven.”

Vice President Musso said his was honored to present this Bill and is proud to take part in the renaming of Washington Street to Brooks Robinson Way because he feels that Brooks Robinson was one of the greatest baseball players in the history of the game.

There being no further discussion, Bill No. 39, Ordinance No. 41, passed by the following vote: Yeas – Washington, Musso, Smith, Smallwood, Texter – 5; Nays – 0.

Final Passage of Bill No. 42, Ordinance No. 42, Session 2007, (Click here to view Bill) A Bill amending Article 933 “Sewer Rentals” of the Codified Ordinances to increase rates as follows:

933.03 ANNUAL SANITARY SEWER RATES.

Rates for Domestic and Commercial Metered Water Users. All persons owning property used for domestic or commercial purposes which property is connected to the sewer system and served with metered water service by the Water Company shall pay a monthly rental for sanitary sewage service based on quantity of water used as evidenced by meter readings of water meters installed and maintained by the Water Company for the purpose of measuring water purchased from such Water Company and such other meters as may be installed pursuant to the provisions of this article, and subject to the minimum charges hereinafter provided as follows:

(a) Monthly quantity charge,
For each 1000 gallons per month: $4.60 $5.00

(b) Minimum charge. All domestic and commercial users shall pay a minimum charge of $12.00 12.50 per month which shall entitle such users to 2,600 gallons per month sewer service.
(Ord. 15-2001. Passed 12-28-02.)

Section 2: That Article 933.04 (a) “Industrial Waste Discharge” of the York City Codified Ordinances is amended as follows:

933.04 INDUSTRIAL WASTE CHARGE.
(a) Sewer Rent or Charge for Industrial Wastes. The sewer rent or charge for the collection and treatment of industrial wastes discharged into the sewer system by industrial users, shall be a quarterly charge based upon the water consumption, adjusted for that portion determined to be sanitary sewage, of the property served and shall be computed at the following standard metered rates:

For each 1000 gallons per month: $4.60 $5.00

Bill No. 42 was introduced by Smallwood at the November 20 meeting of Council and read by short title. On motion of Smallwood, seconded by Smith, Bill No. 42 came up for discussion.

Administrator O’Rourke put into perspective that this increase would amount to about $2/mo more in residents’ monthly sewer bill.

Tom Foust, 436 E. Market St., York, PA, recalled information presented in the city’s audit that reflected that money was transferred from the sewer fund into the general fund, which makes him believe there was a surplus in the sewer fund. Therefore, he asked why we were increasing fees.

Administrator O’Rourke explained that these rates are being raised to help cover anticipated rate increases as a result of the sewer redevelopment project.

Mr. Foust said he believes increasing fees is being used as an alterative revenue source to help keep the tax increase down. He said at least property taxes can be claimed on income tax returns; however, sewer and refuses fees are not eligible claims. Mr. Foust stated that these fees should be established to cover actual costs, not as a means to increase revenue.

Vice President Musso asked Mr. Foust to keep in mind that sewer and refuse fees are paid by 100% of the residents and businesses in York. However, real estate taxes are not paid by 100% of the property owners because some entities are tax-exempt.

Administrator O’Rourke said it is prudent to have incremental increases instead of having to wallop our residents with a 40% increase (per se) down the road because of a huge unexpected deficit.

Gerry Turner, 1201 S. Pine St., York, PA, stated that he’s aware that a surplus in the sewer fund is customary, however, he feels to use these funds as an alternative to tax increases is an unqualified use.

There being no further discussion, Bill No. 42, Ordinance No. 42 passed by the following vote: Yeas –Musso, Smith, Smallwood, Texter – 4; Nays – Washington – 1.

Final Passage of Bill No. 43, Ordinance No. 43, Session 2007, (Click here to view Bill) A Bill amending Article 951.12 “Annual Collection Fee Schedule” of the Codified Ordinances to increase fees as follows:

951.12 ANNUAL COLLECTION FEE SCHEDULE.

All persons owning property located within the City shall pay the following fees, based on the category under which such property is classified, which fees are to be computed for each use as exists for each property. Costs are assessed to cover services including but not limited to administration, enforcement, curbside and dumpster collection, disposal fees, street sweeping, illegal dumping, yard waste collection, recycling, litter control and other sanitation costs.

Classification Fee Per Year Fee Per Month
Minimum (per unit) $ (75.00) 78.00 $(6.25) 6.50
Residential #1 (240.00) 252.00 (Base Rate) (20.00) 21.00
Commercial #1 (480.00) 504.00 (Base Rate) (40.00) 42.00

Residential #(X) (X) x $(240.00) 252.00 (Base Rate) = Annual Rate
Commercial #(X) (X) x $(480.00) 504.00 (Base Rate) = Annual Rate
Special Container As set by the Public Works Director

Bill No. 43 was introduced by Smallwood at the November 20 meeting of Council and read by short title. On motion of Smallwood, seconded by Smith, Bill No. 43 came up for discussion.

Administrator O’Rourke put into perspective that this increase would amount to about $1/mo more in residents’ monthly refuse bill.

There being no further discussion, Bill No. 43, Ordinance No. 43, passed by the following vote: Yeas – Washington, Musso, Smith, Smallwood, Texter – 5; Nays – 0.

Final Passage of Bill No. 44, Ordinance No. 44, Session 2007, (Click here to view Bill) A Bill fixing the 2008 tax rate, which was introduced by Smallwood at the November 20 meeting of Council and read by short title, came up for final passage. On motion of Smallwood, seconded by Smith, Bill No. 44 came up for discussion.

Motion to defer vote. A motion was made by Washington, seconded by Smallwood, to defer the vote on Bill No. 44 to the December 27, 2007 1p.m. special meeting of Council.

President Texter asked the City Clerk about adverting deadlines and costs associated with Councilwoman Washington’s request. The City Clerk said there is enough time to advertise and the cost for this ad would be roughly $80-$100.

President Texter said he feels there was enough information to consider passage of this Bill tonight. Councilwoman Washington stated that we need to hear from the RDA on finances tied up with the Northwest Triangle Project in order to determine an accurate bottom line figure for the 2008 Budget. She said NWT developers made a commitment of $250,000, which could be taken into consideration and may reduce the budget.

After discussion, Councilwoman Washington’s motion to defer Bill No. 44 to the December 27, 2007 1p.m. special meeting of Council was defeated by the following vote: Yeas – Washington, Smallwood – 2; Nays – Musso, Smith, Texter – 3.

President Texter then introduced the following Resolution amending Bill No. 44:

Resolution No. 168, Session 2007, A Resolution amending Bill No. 44 as follows:

“A Resolution

Amending Bill No. 44 of the Session of 2007 to fix the tax rate for all city purposes for the fiscal year, beginning the first day of January 2008 and directing the collection of same.

WHEREAS, Bill No. 44 sets the tax rate on all person and property in the City of York, Pennsylvania for 2008,

NOW, THEREFORE, BE IT RESOLVED, That Bill 44 be hereby amended as follows:

*For operating purposes the sum of 11.392 mils (.011392) 11.282 mils (.011282) of assessed valuation, (or the sum of $11.392 $11.282 on each one thousand dollars of assessed valuation)

President Texter said he would like to offer the following additional amendment:

“The total for all purposes being the sum of fourteen and sixty-seven fifty-six hundredths (.01467 .01456) mils on each dollar of assessed valuation, (or the sum of $14.67 $14.56 on each one thousand dollars of assessed valuation.)”

President Texter said a vote to approve this amendment would lock the Council into adopting the Occupation Tax Bill (Bill No. 50 – Click here to view Bill).

Vote on amendment. There being no further discussion, on motion of Texter, seconded by Smith, Resolution No. 168 was defeated by the following vote: Yeas – Smith, Texter – 2; Nays – Washington, Musso, Smallwood – 3.

Therefore, with no further discussion, Bill No. 44, Ordinance No. 44, as originally submitted on November 20, passed by the following vote: Yeas – Musso, Smith, Smallwood, Texter – 4; Nays – Washington – 1.

Final Passage of Bill No. 45, Ordinance No. 45, Session 2007, (Click here to view Bill) A Bill adoption the 2008 York City Budget (General Fund - $33,948,504), which was introduced by Smallwood at the November 20 meeting of Council and read by short title, came up for final passage. On motion of Texter, seconded by Smith, Bill No. 45 came up for discussion.

President Texter introduced the following Resolution amending Bill No. 45:

“A Resolution Amending Bill No. 45 of the Session of 2007 regarding the General Fund Budget for fiscal year 2008."

WHEREAS, Bill No. 45 of Session 2007 establishes the General Fund Budget for fiscal year 2008 with appropriations totaling $33,948,504 as more fully detailed within the Bill and within exhibit *A*, The City of York 2008 Budget, which is attached thereto to the bill and a made part thereof, and

WHEREAS, Council members through the public hearings held on the proposed 2008 budget have determined that some adjustments must occur in the budget,

NOW, THEREFORE, BE IT RESOLVED, That the Council of the City of York amends Bill No. 45 and within exhibit *A*, The City of York 2008 Budget on Detail 140 (Permits Planning and Zoning) to eliminate the PMI coordinator at $12,262 and to reduce line item 10-411-40010-00000 (Salaries/Wages) on Detail 133 (Permits Planning and Zoning) of Exhibit A by $12,262 for a total of $346,813, and

BE IT FURTHER RESOLVED, That line item number 10-160-40010-00000 (Salaries/Wages) in Detail 35 (Human Relations) of Exhibit A be increased by $25,000 and Detail 42 in Exhibit A show the creation of Human Relations Investigator at a non-affiliated salary of $25,000, and

BE IT FURTHER RESOLVED, That Detail 116 (Economic Development) of Exhibit A increase line item 10-400-390890-00000 increases by $250,000 to represent repayment of funds to the Redevelopment Authority.”

Vote on amendment. President Texter explained the amendment. There being no further discussion, on motion of Texter, seconded by Smith, Resolution No. 169 was defeated by the following vote: Yeas – Smith, Texter – 2; Nays – Washington, Musso, Smallwood – 3.

Vice President Musso discussed the 7% tax increase coupled with approximately a 4.3% increase in the CPI last year. In doing the math, he said that equates to about $300,000. If the capital projects budget were removed, that would save about $118,000. However, we now have a $575,000 commitment for the ShotSpotter System. Vice President Musso recalled recommendations from the city’s financial management firm, PFM, about creating a 5-year capital fund budget. He said he would like to see that happen in 2008 and stated that he would not vote for any capital expenditures without seeing those projections.

A brief discussion ensued on projections and finances. At this time, Councilman Smallwood asked for a recess to allow for a bathroom and water break. Therefore, President Texter called for a recess at 10:35 p.m.

President Texter reconvened the meeting at 10:40 p.m.

President Texter resumed discussion on Bill No. 45 (2008 Budget). He said he presented Council with amendments that he felt would decrease our tax burden, however, his recommendations were voted down, which he respects. However, he said he would still vote to support Bill 45 because it is imperative that Council does the responsible thing and he feels allocations in the 2008 Budget are necessary in order to move the city forward.

Gerry Turner, 1201 S. Pine St., York, PA, asked when is the day and year our city will go into distress. President Texter said the city will be in distress when it reaches a 25-mil tax burden.

There being no further discussion, Bill No. 45, Ordinance No. 45, passed by the following vote: Yeas – Musso, Smith, Smallwood, Texter – 4; Nays – Washington – 1.

Final Passage of Bill No. 47, Ordinance No. 46, Session 2007, A Bill amending the 2007 Budget for the Police Department by appropriating revenue and expenditures in the amount of $30,000 for a DCED Community Revitalization Assistance Program Grant which will be used to purchase a police cruiser, radio and other equipment, which was introduced by Texter at the December 4 meeting of Council and read by short title, came up for final passage. On motion of Texter, seconded by Smith, Bill No. 47, Ordinance No. 46 passed by the following vote: Yeas – Washington, Musso, Smith, Smallwood, Texter – 5; Nays – 0.

Resolution No. 48, Ordinance No. 47, Session 2007, A Bill amending the 2007 Budget for the Health Department by appropriating revenue and expenditures in the amount of $50,776 for a Bioterrorism grant, which was introduced by Musso at the December 4 meeting of Council and read by short title, came up for final passage. On motion of Musso, seconded by Smallwood, Bill No. 48, Ordinance No. 47 passed by the following vote: Yeas - Washington, Musso, Smith, Smallwood, Texter – 5; Nays – 0.

Resolution No. 170, Session 2007, A Resolution establishing the first Reorganization / Regular meeting of Council for the year 2008 for Monday, January 7, 2008 at 7:00 p.m., prevailing time, in Council Chambers, 1 Marketway West, 3rd Floor, York, PA, was introduced by Texter, read at length, and on motion of Texter, seconded by Smallwood, Resolution No. 170 passed by the following vote: Yeas - Washington, Musso, Smith, Smallwood, Texter – 5; Nays – 0.

Resolution No. 171, Session 2007, (Click here to view) A Resolution authorizing the filing of a proposal for Redevelopment Assistance Capital Program (RACP) funding in the amount of $250,000 with the Commonwealth of PA, Office of the Budget, for the construction of public improvements at Penn and Farquhar Parks as authorized in the Capital Budget Project Itemization Act of 2002-131, was introduced by Washington, read at length, and on motion of Washington, seconded by Smallwood, Resolution No. 171 came up for discussion.

Public Works Director Jim Gross explained that this funding would assist the YMCA with improvements at the intersection of Parkway Blvd. and N. Newberry St. He said improvements would include new curbing, new pedestrian crosswalk, and a new parking lot. He said this expenditure was originally listed in the Capital Budget as the Penn & Farquhar Park Improvement Project.

Larry Richardson, President of the York YMCA, was onboard and detailed the project. He said they were able to raise private funds to assist with this project. He said in addition to what Director Gross explained, the improvements would also include upgrades to the Stormwater system. A match is required to receive this funding, however, the YMCA will provide that match, he said.

Councilman Smallwood said he still hopes to see improvements made to Penn Park in the future.

Tom Foust, 436 E. Market St., York, PA, asked about the Juniper St. right-of-way. He said he knows there was an issue as to whether that stretch of road was abandoned and if the city actually owns that parcel. Assistant Solicitor Washington responded that the portion of Juniper St. in question was vacated back in the early 1940’s and there are no properties currently located on the parcel.

Vice President Musso asked that Assistant Solicitor Washington provide Council with more information on the portion of Juniper St. in question.

There being no further discussion, Resolution No. 161 passed by the following vote: Yeas - Washington, Musso, Smith, Smallwood, Texter – 5; Nays – 0.

Resolution No. 172, Session 2007, A Resolution authorizing the sale of nineteen (19) surplus vehicles (Click here to see list) which are no longer in service and all of which have been replaced, with the estimated value of each vehicle being $200 or more, was introduced by Washington, read at length, and on motion of Washington, seconded by Texter, Resolution No. 172 passed by the following vote: Yeas - Washington, Musso, Smith, Smallwood, Texter – 5; Nays – 0.

Resolution No. 173, Session 2007, A Resolution re-approving the final land development plan submitted by 550 Lofts, which was originally approved by Council on September 4, 2007 (Res. #126), for a new residential building to be located at 550 S. Pine St., as the 90-day requirement to record said plans with the Recorder of Deeds elapsed due to the need to resolve plan conditions, was introduced by Musso, read at length, and on motion of Musso, seconded by Washington, Resolution No. 173 passed by the following vote: Yeas - Washington, Musso, Smith, Smallwood, Texter – 5; Nays – 0.

Consent Agenda. A motion was made by Musso, seconded by Washington to consider Resolution No.’s 174 and 175 as a whole. The motion passed unanimously. Therefore, the following Resolutions were introduced by Musso and read at length:

Resolution No. 174, Session 2007, A Resolution approving the Final Reverse Subdivision Plan submitted by CODO 241, L.P. to support redevelopment of 241 N. George St. into a mixed commercial and residential development, and

Resolution No. 175, Session 2007, A Resolution approving the Final Land Development Plan submitted by CODO 241, L.P. to support redevelopment of 241 N. George St. into a mixed commercial and residential development.

On motion of Musso, seconded by Washington, Resolution No.’s 174 and 175 passed by the following vote: Yeas - Washington, Musso, Smith, Smallwood, Texter – 5; Nays – 0.

Consent Agenda. A motion was made by Musso, seconded by Washington to consider Resolution No. 176 and 177 as a whole. The motion passed unanimously. Therefore, the following Resolutions were introduced by Musso and read at length:

Resolution No. 176, Session 2007, A Resolution approving the Preliminary/Final Reverse Subdivision Plan submitted by M&G Realty to support redevelopment of 1520 Pennsylvania Ave. into a Rutters Farm store, and

Resolution No. 177, Session 2007, A Resolution approving the Preliminary/Final Land Development Plan submitted by M&G Realty to support redevelopment of 1520 Pennsylvania Ave. into a Rutters Farm store.

On motion of Musso, seconded by Washington, Resolution No.’s 176 & 177 came up for discussion.

Andrew Miller, LSC Design, was onboard and explained the project, then answered several questions from Council.

There being no further discussion, Resolution No.’s 176 & 177 passed by the following vote: Yeas - Washington, Musso, Smith, Smallwood, Texter – 5; Nays – 0.

Resolution No. 178, Session 2007, A Resolution authorizing an agreement with Visualize Leadership to support the “Body and Soul: A Celebration of Healthy Living and Eating” initiative to encourage African-American churches and their members to eat a diet rich in fruits and vegetables for the period of January 1 through June 30, 2008 in an amount not to exceed $8,000 was introduced by Musso, read at length, and on motion of Musso, seconded by Smallwood, Resolution No. 178 passed by the following vote: Yeas - Washington, Musso, Smith, Smallwood, Texter – 5; Nays – 0.

Resolution No. 179, Session 2007, A Resolution authorizing agreements with the following agencies to provide cancer prevention education to city residents: York Cancer Center, WellSpan Health Systems ($5,450) to provide prostate cancer prevention and education; and R.O.A.R. ($3,450) to provide ovarian cancer prevention and education for the period of January 1 through June 30, 2008, was introduced by Musso, read at length, and on motion of Musso, seconded by Smallwood, Resolution No. 179 passed by the following vote: Yeas - Washington, Musso, Smith, Smallwood, Texter – 5; Nays – 0.

Resolution No. 180, Session 2007, A Resolution approving an agreement with VBA to provide vision care insurance to city employees for the years 2008-2009 for the price of $4.04 per month for employees only and $9.37 per month for employees and family coverage, was introduced by Smallwood, read at length, and on motion of Smallwood, seconded by Washington, Resolution No. 180 passed by the following vote: Yeas - Washington, Musso, Smith, Smallwood, Texter – 5; Nays – 0.

Resolution No. 181, Session 2007, A Resolution authorizing an agreement with Delta Dental to provide dental insurance coverage to city employees for the years 2008-2010 for the price of $3.99 per month for employees and $4.25 per month for employees and family coverage, was introduced by Smallwood, read at length, and on motion of Smallwood, seconded by Washington, Resolution No. 181 passed by the following vote: Yeas - Washington, Musso, Smith, Smallwood, Texter – 5; Nays – 0.

Resolution No. 182, Session 2007, A Resolution accepting the recommendations of HARB in issuing a certificate of appropriateness to Steve Kohr of Kohr-Gerlack, Inc. for work to be done at 515 S. George St., was introduced by Smith, read at length, and on motion of Smith, seconded by Smallwood, Resolution No. 182 passed by the following vote: Yeas – Washington, Musso, Smith, Smallwood, Texter – 5; Nays – 0.

Requests for Future Meetings

Special Session: Council will convene in Special Session on Thursday, December 27, 2007 at 1:00 p.m. in Council Chambers to consider passage of Bill No. 49 (Click to view Bill), Bill No. 50 (Click here to view Bill), Bill No. 51 (Click here to view Bill) and Resolution No. 161 (Click here to view Resolution) relating to Local Services Tax, Occupation Tax, Realty Transfer Tax, and York-Adams Tax Bureau collection services.

Council Comment: None

Administration Comment: None

Next Meeting: The reorganization / regular meeting of Council is scheduled for Monday, January 7, 2008 at 7:00 p.m. in Council Chambers, 1 Marketway West, 3rd Floor, York.

Adjournment: There being no further business, the December 18, 2007 meeting of Council adjourned at 11:25 p.m.