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City Council Meeting Minutes

January 7, 2008

City Council convened in a Reorganization Session at 7:00 p.m. on Monday, January 7, 2008, in Council Chambers, 1 Marketway West, 3rd Floor, York, PA, with the following Council members present: Toni Smith, Joseph R. Musso, Cameron Texter, Genevieve Ray, and Carol Hill-Evans, with former President Cameron Texter presiding. Mayor John Brenner was not present.

Members of the Administration in attendance included: Jim Gross, Director of Public Works, Michael O’Rourke, Business Administrator, and Mark Whitman, Police Commissioner. Also present was Assistant Solicitor Shaleeta Washington and Police Captain Dave Arnold. Kim Bracey, Director of Community Development, 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.

The following Certificates of Election were received, found to be in order, and duly filed with the Minutes of this meeting:

· Antonietta Smith to the Office of City Council for a term of four years beginning the first Monday of January 2008.

· Carol-Hill Evans to the Office of City Council for a term of four years beginning the first Monday of January 2008.

· Genevieve Ray to the Office of City Council for a term of four years beginning the first Monday of January 2008.

· Robert Lambert to the Office of City Controller for a term of four years beginning the first Monday of January 2008.

The Honorable Judge Penny Blackwell administered the Oath of Office to Councilwoman Genevieve Ray.

The City Clerk administered the Oath of Office to Councilwoman Toni Smith, Councilwoman Carol Hill-Evans, and Controller Robert Lambert.

A motion was made by Musso, seconded by Smith, to dispense with the reading of the Minutes of December 18 and December 27, 2007, and approve them as written. The motion passed by the following vote: Yeas – Musso, Smith, Texter – 3; Nays – 0; Abstained – Ray, Hill-Evans – 2.

Legislative Agenda

Resolution No. 1, Session 2008, A Resolution adopting the Rules and Procedures of City Council, was introduced by Musso, and read at length. On motion of Musso, seconded by Smith, Resolution No. 1 came up for discussion.

President Musso said he and Councilman Texter had previously provided Council with an amended version of the Rules of Council, which he outlined. (Click here to view amendments). There being no discussion, Resolution No. 1 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Resolution No. 2, Session 2008, A Resolution appointing a Council President to serve in said capacity until the first Monday of January 2010, was introduced by Musso, read at length, and on motion of Musso, seconded by Texter, Resolution No. 2 came up for discussion.

Councilman Texter made a motion to nominate Councilman Musso as President of Council. The nomination was accepted and seconded by Musso. As there we no other nomination, Councilman Texter made a motion to close the nominations, which was seconded by Ray, and was approved unanimously. There being no further discussion, Resolution No. 1 appointing Councilman Musso as President of Council to serve in said capacity until the first Monday of January 2008, passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Resolution No. 3, Session 2008, A Resolution appointing a Council Vice President to serve in said capacity until the first Monday of January 2010, was introduced by Musso, read at length, and on motion of Musso, seconded by Texter, Resolution No. 3 came up for discussion.

Councilwoman Ray made a motion to nominate Councilwoman Hill-Evans as Vice President of Council. Hill-Evans accepted the nomination, and Texter seconded the motion. There being no further nominations, Councilman Texter made a motion to close nominations, which was seconded by Smith, and passed unanimously. There being no further discussion, Resolution No. 3 appointing Councilwoman Hill-Evans as Vice President of Council to serve in said capacity until the first Monday of January 2008, passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Resolution No. 4, Session 2008, A Resolution establishing the seating order of Council members around the Council table as follows: President Musso shall be seated in the center; to the right shall be seated Councilman Texter; to the right of the latter shall be seated Councilwoman Smith; to the right of the latter shall be seated Councilwoman Ray; and to the right of the latter shall be seated Vice President Hill-Evans. The Resolution was introduced by Texter, read at length, and on motion of Texter, seconded by Smith, Resolution No. 4 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Resolution No. 5, Session 2008, A Resolution establishing the voting order of Council as follows: Councilwoman Ray to vote first; Vice President Hill-Evans to vote second; Councilman Texter to vote third; Councilwoman Smith to vote fourth; and President Musso to vote last. The Resolution was introduced by Smith, read at length, and on motion of Texter, seconded by Smith, Resolution No. 5 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Former President Texter called for a recess at 7:35 p.m. to allow for change of officers and picture taking ceremony of new officers.

President Musso reconvened the meeting at 7:50 p.m.

Resolution No. 6, Session 2008, A Resolution assigning Council members to serve as liaisons to various departments within the Administration as follows:

Police Committee
Cameron Texter, Member of Council (Chair)
Carol Hill-Evans, Vice President of Council
Toni Smith, Member of Council

Fire Committee
Genevieve Ray, Member of Council (Chair)
Joseph R. Musso, President of Council
Cameron Texter, Member of Council

Public Works Committee
Toni Smith, Member of Council (Chair)
Joseph R. Musso, President of Council
Carol Hill-Evans, Vice President of Council

Economic Development Committee
Joseph R. Musso, President of Council (Chair)
Toni Smith, Member of Council
Genevieve Ray, Member of Council

Community Development Committee
Genevieve Ray, Member of Council (Chair)
Joseph R. Musso, President of Council
Cameron Texter, Member of Council

Business Administration Committee
Carol Hill-Evans, Vice President of Council (Chair)
Toni Smith, Member of Council
Cameron Texter, Member of Council

Rules & Administrative Code Committee
Cameron Texter, Member of Council (Chair)
Carol Hill-Evans, Vice President of Council
Genevieve Ray, Member of Council

Resolution No. 6 was introduced by Ray, read at length, and on motion of Texter, seconded by Smith, Resolution No. 6 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Resolution No. 7, Session 2007, adopting the year 2008 stated meetings of Council, was introduced by Hill-Evans, and read at length. On motion of Musso, seconded by Smith, Resolution No. 7 came up for discussion.

President Musso discussed amending the meeting schedule to allow for an extended recess between the June and July meetings. He reminded Council of a special meeting that had to take place during Council’s 2007 recess in order to approve applications submitted by HARB because Council’s recess was 6-weeks long between the June and July meetings. He said Article 1731.12(b) of the Codified Ordinances mandates that Council must render its decision no later than 30-days after receipt of written recommendations from HARB. With that in mind, Council discussed that if they were to amend the 2008 meeting schedule to allow for an extended recess (6-weeks) between the June and July meetings, Council could either call a special meeting to consider HARB recommendations or amend Article 1731.12(b) to accommodate Council’s recess.

After discussion, Council opted to amend Article 1731.12(b), however, definitive language was not presented at this time. Councilman Texter asked the City Clerk to research and draft amended legislation as discussed. The Clerk said she would comply.

Motion to amend. President Musso made a motion to amend the 2008 meeting schedule to change the July 1 meeting to July 15, and change the August 6 meeting to August 19. The motion to amend was seconded by Smith, and passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0. (Click here to view schedule, as amended)

There being no further discussion, on motion of Musso, seconded by Smith, Resolution No. 7, as amended, passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Resolution No. 8, Session 2008, A Resolution establishing a Bond for the York City Treasurer to be fixed at $250,000 and shall remain in effect during the Treasurer’s term of office or until such time Council chooses to amend said amount, was introduced by Musso, read at length, and on motion of Musso, seconded by Texter, Resolution No. 8 came up for discussion.

Business Administrator O’Rourke explained that Council has established a $250,000 bond as required by Article 127.01(e) of the Codified Ordinances and 3rd Class City Code, Section 1402. However, an additional $12 million bond is established for liability coverage on all moneys received by the Treasurer as tax collector of city, county, and school district taxes because this position carries responsibilities greater than de minimis economic impact. As there is currently a vacancy in the office of the Treasurer, former Treasurer Don Murphy, who has extended his bond coverage, will serve until his successor is appointed.

President Musso took a moment to announce the vacancy in the Office of City Treasurer:

“York City Council is currently accepting resumes for consideration of appointment to fill the vacancy of York City Treasurer. Said vacancy shall occur on January 7, 2008 at 12:00 a.m. and upon appointment, said term of office shall expire the first Monday of January 2010.

The York City Codified Ordinances, Article 127 "City Treasurer" mandates that said candidate shall be at least twenty-one years of age and shall have been a resident of the City throughout one year immediately preceding such election and shall reside in the City throughout his/her term of service.

The City Treasurer shall carry out such duties and exercise such powers with respect to the receipt and disbursement of public moneys as are provided by general law.

The City Treasurer shall furnish such fidelity bond and insurance as is required by general law. Council shall fix the amounts of such bond and insurance effective the time a Treasurer assumes office.

For consideration of appointment, please forward a resume and letter of interest to: Dianna L. Thompson, York City Clerk, Attn: Treasurer Vacancy, 1 Marketway West, 3rd Floor, York, PA 17401. Resumes must be received by 4:30 p.m., Monday, January 14, 2008 for consideration. (Click here to view calendar)

There being no further discussion, Resolution No. 8 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Resolution No. 9, Session 2008, A Resolution establishing a Bond for the York City Controller to be fixed at $10,000 and shall remain in effect during the Controller’s term of office or until such time Council chooses to amend said amount, was introduced by Musso, read at length, and on motion of Musso, seconded by Smith, Resolution No. 9 came up for discussion.

Business Administrator O’Rourke explained that Council has established a $10,000 bond as required by Article 129.01(i) of the Codified Ordinances and 3rd Class City Code, Section 1702, for the honest and faithful discharge of the Controller’s official duties. The Controller’s bond is lower as the duties attached to this office carries a lesser de minimis economic impact than the office of City Treasurer.

There being no further discussion, Resolution No. 9 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Resolution No. 10, Session 2008, A Resolution appointing Councilman Texter as Council’s representative on the Officers and Employees Retirement Board (O&E) to serve in said capacity until the first Monday of January 2010, was introduced by Texter, read at length, and on motion of Musso, seconded by Smith, Resolution No. 10 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Resolution No. 11, Session 2008, A Resolution appointing Councilwoman Ray as Council’s representative on the York City Endangered Historic Places Task Force to serve in said capacity until the first Monday of January 2010, was introduced by Smith, read at length, and on motion of Smith, seconded by Musso, Resolution No. 11 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Resolution No. 12, Session 2008, A Resolution appointing President Musso as Council’s representative to the York County Board of Commissioners to serve in said capacity until the first Monday of January 2010, was introduced by Ray, read at length, and on motion of Smith, seconded by Musso, Resolution No. 12 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Resolution No. 13, Session 2008, A Resolution appointing Vice President Hill-Evans and Councilwoman Ray as Council’s representatives to the City-School District Cooperation and Open Communications Committee, both to serve in said capacity until the first Monday of January 2010, was introduced by Hill-Evans, read at length, and on motion of Texter, seconded by Musso, Resolution No. 13 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Resolution No. 14, Session 2008, A Resolution appointing Councilwoman Ray as Council’s representative on the Community Progress Council Board of Directors, to serve in said capacity until the first Monday of January 2010, was introduced by Texter, read at length, and on motion of Texter, seconded by Smith, Resolution No. 14 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Resolution No. 15, Session 2008, A Resolution appointing Councilman Texter as Council’s representative on the Strand Capitol Performing Arts Center Board of Directors, to serve in said capacity until the first Monday of January 2010, was introduced by Musso, read at length, and on motion of Musso, seconded by Texter, Resolution No. 15 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Resolution No. 16, Session 2008, A Resolution appointing Michael P. Meeker and Moses Wogu as probationary police officers for a probationary period of one year effective January 8, 2008, was introduced by Hill-Evans, read at length, and on motion of Ray, seconded by Texter, Resolution No. 16 came up for discussion.

Police Commissioner Whitman gave a brief biography of both candidates. He said they would be sworn-in by Mayor Brenner tomorrow and will report to the Police Academy at Harrisburg Area Community College on January 14. Captain Arnold then outlined recruitment efforts.

There being no further discussion, Resolution No. 16 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Resolution No. 17, Session 2008, A Resolution consenting to the following appointments and reappointments made by the Mayor:

1. Reappointment of Robert J. Nace as a member of the York City General Authority, which term shall expire January 1, 2013.

2. Reappointing of Joshua C. George as a member of the York City General Authority, which term shall expire January 1, 2013.

3. Reappointment of Linda Davidson as a member of Downtown, Inc. (YBIDA), which term shall expire January 1, 2013.

4. Appointing of Caroline S. Morris as a member of Downtown, Inc. (YBIDA), which term shall expire January 1, 2013.

5. Reappointment of Gary A. Sonke as a member of Downtown, Inc. (YBIDA), which term shall expire January 1, 2013.

6. Appointment of Jeanne E. Buckingham as a member of the York City Human Relations Commission, to fill the unexpired term of Peg Welch, which term shall expire July 16, 2008.

Resolution No. 17 was introduced by Ray, read at length, and on motion of Texter, seconded by Smith, Resolution No. 17 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

As Ms. Caroline Morris was present, the City Clerk administered to her the Oath of Office.

Resolution No. 18, Session 2007, (Click here to view) A Resolution authorizing an agreement with the York County SCPA for the period of January 1-December 31, 2008, in the amount of $20,000.00, to provide rescue, temporary shelter and veterinary care for stray dogs and cats, and disposal and adopting opportunities for suitable animals, was introduced by Texter, read at length, and on motion of Texter, seconded by Ray, Resolution No. 18 came up for discussion.

Captain Arnold explained that on November 20, 2007 (Resolution No. 150), Council approved an agreement with the Susquehanna Stray Animal Shelter (SSAS) to provide services as stated. However, SSAS informed the city that it was closing its doors as of December 31, 2007 due to financial difficulties. Captain Arnold said the SPCA has agreed to provide animal rescue and shelter services as stated and he feels their facility is more than adequate to house the capacity of animals the city estimates will need these services.

There being no further discussion, Resolution No. 18 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Resolution No. 19, Session 2007, (Click here to view) A Resolution authorizing a lease-purchase agreement for one (1) new and unused Elgin Pelican street sweeper for use by the Public Works Department, which said purchase shall be made through PACC (PA Capital City) Automotive & Equipment Contract at a price of $137,840.00 with a final buyout of $1.00 at the conclusion of a five (5) year lease, which said purchase shall be made from PA Public Works Equipment Company, Mechanicsburg, PA, was introduced by Smith, read at length, and on motion of Smith, seconded by Ray, Resolution No. 19 came up for discussion.

Public Works Director Gross said this purchase was included in the 2008 budget. He said we were fortunate to have been able to purchase this vehicle at the 2007 price, which saved the city several thousand dollars. He said financing was obtained through M&T Bank.

There being no further discussion, Resolution No. 19 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Appended Agenda

A motion was made by Texter, seconded by Musso, to read Resolution No. 20 by short title. The motion passed unanimously.

Resolution No. 20, Session 2007, (Click here to view) A Resolution authorizing the borrowing in anticipation of current taxes and revenues by the issuance of a $6,400,000.00 aggregate principal amount Tax and Revenue Anticipation Note, Series of 2008, was introduced by Texter, and read by short title. On motion of Texter, seconded by Musso, Resolution No. 20 came up for discussion.

Administrator O’Rourke said this process is done every year to serve as bridge financing until the bulk of the real estate tax revenue is received. He then outlined the financing, interest, and payment schedule associated with this note.

There being no further discussion, Resolution No. 20 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Requests for Future Meetings

General Committee, President Musso, Chair: President Musso announced that Council would meet in General Committee on Tuesday, January 22, 2008 at 7:00 p.m. to interview applicants for the Treasurer vacancy. President Musso asked the Solicitor’s office to draft a “release of information” form that Council could provide to candidates to authorize Council to receive copies of “proof of bonding” letters from prospective applicants. (Click here to view calendar) Assistant Solicitor Washington said she would comply.

Council Comment: None

Administration Comment: None

Next Meeting: The next regular meeting of City Council is scheduled for Tuesday, January 15, 2008 at 7:00 p.m. (General Public Comment will be held from 6:30 p.m. to 7:00 p.m.), in City Council Chambers, 1 Marketway West, 3rd Floor, York, PA.

Adjournment: There being no further business, the January 7, 2008 Reorganization meeting of Council adjourned at 9:05 p.m.