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City Council Meeting Minutes

February 19, 2008

Call to Order. City Council convened in a General Committee meeting on Tuesday, February 19, 2008 at 6:30 p.m. in Council Chambers, 1 Marketway West, 3rd Floor, York, PA, to receive general public comment, with the following Council members present: Genevieve Ray, Cameron Texter, Toni Smith, Carol Hill-Evans, Vice President, and Joseph R. Musso, President, with President Musso presiding. Mayor John Brenner was not present.

GENERAL PUBLIC COMMENT

Ed Berry, 247 E. Maple St., York, PA, said he’s opposed to the statue chosen to memorializing the 1969 riots because he feels the statue misses the point of the of the riots. Additionally, Mr. Berry believes all statues should be consolidated into one central location – that being the downtown square. Mr. Berry then discussed Bill No. 6 establishing term limits for elected officials to which he also opposes. Lastly, Mr. Berry complained that Allison’s Bar is being unfairly harassed and targeted by the York City Police Department.

Jeff Werner, 1777 Rainbow Circle, York, PA, joined by fellow students Melissa Chia and Katie Payne, were onboard representing the York College Senate. Mr. Werner said members of the Senate are open to ongoing dialogue with city officials and suggested that Council consider appointing a liaison to York College to allow for open communications.

Marlies Dick, Axel Plumbing, 335 N. George St., York, PA, pleaded with Council to help residents and business owners living near the baseball stadium with their parking problems. In a memo presented to Council, Ms. Dick explained, “The owners of Axel Pluming have been in contact with Sovereign Bank Baseball Stadium officials and are trying to work out a reasonable parking arrangement. Ninety percent of the parking spaces have been eliminated by the construction of the stadium. There are seven residential units and our (Axel Plumbing) business located in this area. Everyone is being forced to park in areas that are either owned by the railroad or restricted by the City Parking Bureau. The proposal from the stadium officials is that Axel would pay $500 per month for four (4) parking spaces.” Ms. Dick would like further discussion so as to resolve this parking situation in an amicable way. She said Police Commissioner Whitman and Public Works Director Jim Gross have visited the site and are to provide further input.

Manuel Gomez, 357 W. Philadelphia St., York, PA, invited Council and the public to attend the Black Community Issues Forum to be held on February 23, 2008 at 1:00 p.m. at the American Legion located on E. Princess St. He said they will be discussing the 222 gant initiative, urban youth being targeted by police, fear of police reprisal, and the International Peoples Uhuru Federation. Mr. Gomez stated that city police are not invited to attend.

E. Hayden Mitchell, 235 W. Jackson St., York, PA, discussed parking problems on the 200 block of W. Jackson St. He said he has served the city in one capacity or another for more than 40 years and feels his concerns should be heard. Mr. Mitchell shared an idea he had to help resolve his parking dilemma. He said there are three (3) owner-occupied homes on Manor St., located right around the corner from his house. Of those three properties, one owner does not own a vehicle. Mr. Mitchell suggested authorizing a variance to allow restricted parking on Manor St. and those authorized to park would be given two (2) parking passes. He said he submitted a parking petition years ago but never received a response from city officials. Mr. Mitchell stated that though he has made several friends in the college community, homeowners still need help with parking because college kids have taken over.

Councilman Texter said he would look at the city’s ordinances to see what, if anything, could be done to consider a parking variance. President Musso said he would submit Mr. Mitchell’s request to the Mayor for a response.

There being no further public comment, President Musso adjourned the General Committee meeting and reconvened in Legislative Session at 7:00 p.m., in Council Chambers, 1 Marketway West, 3rd Floor, York, PA, with the following members present: Genevieve Ray, Cameron Texter, Toni Smith, Carol Hill-Evans, Vice President, and Joseph R. Musso, President, with President Musso 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, Mark Whitman, Police Commissioner, and John Senft, Fire Chief. Also present was Assistant Solicitor Shaleeta Washington and Grants Coordinator Janis Lyman. Michael O’Rourke, Business Administrator, and Matt Jackson, Director of Economic Development, were absent.

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

PLEDGE OF ALLEGIANCE. The Pledge of Allegiance was recited.

APPROVAL OF MINUTES. A motion was made by Texter, seconded by Ray, to dispense with the reading of the Minutes of February 5, 2008, and approve them as written. The motion passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

PRESENTATIONS, PROCLAMATIONS & AWARDS: None

COMMITTEE MEETINGS SCHEDULED:

Community Development Committee, Genevieve Ray, Chair: Committee meeting scheduled for Tuesday, February 19, 2008 at 6:00 p.m. in Council Chambers (prior to the regular Council meeting) to discuss Resolution No. 37 (View Resolution), Session 2008 - A Resolution authorizing the filing of a proposal for funds with DCED to obtain funds in the amount of $400,000 for the Elm Street Operations and Neighborhood Revitalization Plan ($150,000 for the first 3 years of the program for hiring an Elm St. Manager; $200,000 for infrastructure and site improvements including curbs, sidewalks, street lighting, trees, landscaping and other activities; and $50,000 for owner occupied residential and commercial building renovations and façade improvements).

Rules & Administrative Code Committee, Cameron Texter, Chair: Committee meeting was scheduled for Tuesday, February 12, 2008 at 7:00 p.m. in Council Chambers to discuss Bill No. 7 (View) – A Bill amending Article 121.03 “Department Heads” of the Codified Ordinances to establish procedures for approving cost of living adjustments for Department Directors and placing a time limit on the length of time the Mayor may serve as temporary department head. (Note: This meeting was later canceled due to inclement weather.)

Business Administration Committee, Carol Hill-Evans, Chair: Committee meeting was scheduled for Tuesday, February 12, 2008 at 7:00 p.m. in Council Chambers to discuss Resolution No. 30 (View) - A Resolution authorizing a 3.5% cost of living adjustment (COLA) for Department Directors. (Note: This meeting was later canceled due to inclement weather.)

Public Works Committee, Toni Smith, Chair: Committee meeting scheduled for Tuesday, March 25, 2008 at 7:00 p.m. in Council Chambers to hear information on the Guaranteed Energy Savings Program (GESP). Representatives from the State Department of General Services and Johnson Controls will be invited to attend. (Click here to read more information about GESP)

COMMITTEE REPORTS:

Community Development Committee, Genevieve Ray, Chair: Councilwoman Ray reported that the C.D. Committee met this evening, Tuesday, February 19, 2008 at 6:00 p.m., in Council Chambers to discuss Resolution No. 37 (View Resolution), Session 2008 - A Resolution authorizing the filing of a proposal for funds with DCED to obtain funds in the amount of $400,000 for the Elm Street Operations and Neighborhood Revitalization Plan ($150,000 for the first 3 years of the program for hiring an Elm St. Manager; $200,000 for infrastructure and site improvements including curbs, sidewalks, street lighting, trees, landscaping and other activities; and $50,000 for owner occupied residential and commercial building renovations and façade improvements). She said committee members heard comments from various community associations and some residents, all of which are excited about the project. She said as there is no further discussion on the issue, Resolution No. 37 was released from committee for consideration of final passage this evening.

LEGISLATIVE AGENDA

To view Agenda, which includes copies of the Resolutions &
Bills of this meeting Click Here

SPECIAL AGENDA

Final Passage of Resolution No. 37, Session 2008, (View Resolution) (View Project Introduction) A Resolution authorizing the filing of a proposal for funds with DCED to obtain funds in the amount of $400,000 for the Elm Street Operations and Neighborhood Revitalization Plan ($150,000 for the first 3 years of the program for hiring an Elm St. Manager; $200,000 for infrastructure and site improvements including curbs, sidewalks, street lighting, trees, landscaping and other activities; and $50,000 for owner occupied residential and commercial building renovations and façade improvements), which was introduced by Ray at the February 5th meeting of Council, read at length, and referred to the Community Development Committee (mtg. held on 2/19/08 at 6p.m.), came up for final passage. On motion of Texter, seconded by Smith, Resolution No. 37 came up for discussion.

Community Development Director Kim Bracey said the Administration and community are excited about this project and she is grateful that a committee meeting was held to respond to any unanswered questions.

Joanne Borders, 334 W. Princess St., stated that she is happy to see this application being presented to Council because this project has the entire West End jumping for joy. She said she will work with residents to educate them on how to represent their neighborhood in hope that they too could share ideas on how to make York a better community.

Councilman Texter said there has been a lot of concentration on improving the West End and as a former resident of the neighborhood, he feels this plan was necessary and is appreciated. He did say he objected to the delay in passing this Resolution because he felt the Resolution could have been passed to allow us to move forward with the application for funding and that unanswered questions about the plan could have taken place later at a committee meeting. However, he is pleased to see us moving forward at this time.

Councilwoman Smith explained that she received several calls from residents aggrieved by the delay in applying for funding because they are anxious to get this funding and this project underway. Because funding is tight and other municipalities are also vying for a piece of the pie, she felt it imperative to follow through with this application otherwise we might put ourselves at risk for funding assistance.

Councilwoman Ray said she requested a committee meeting because there are many different groups interested in this project and how it may mesh with or affect many other projects throughout the city. She stated that the public has a right to be well informed and since Director Bracey said there was no risk in delaying the application for two weeks, she opted to follow through with the committee meeting. Councilwoman Ray said she has no regrets with calling for a committee meeting because all players were present and she now feels comfortable with the West End Neighborhood Revitalization Plan.

Vice President Hill-Evans congratulated those who took part in the planning phase of the project and said she has faith in the system and asked that the public understand that Council is here for the best interest of the community.

Noreen Freeland, Block Leader, 200 block of S. Hartley St., said the neighborhood is extremely excited about the project and look forward to seeing the plan come to fruition.

There being no further discussion, Resolution No. 37 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays - 0.

SUBDIVISION / LAND DEVELOPMENT / HARB
Resolution No. 41, Session 2008, (View) A Resolution authorizing a certificate of appropriateness for work to be covered in the following applications approved by HARB: Manzoor Faridi for work to be done at 153 S. Beaver St., and Leonard Wright for work to be done at 143 S. Beaver St., was introduced by Hill-Evans, read at length, and on motion of Musso, seconded by Texter, Resolution No. 41 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays - 0.

CONSENT AGENDA

Introduction of Bill No. 9, Session 2008, (View) A Bill approving the 2008 Codified Ordinance replacement pages, was introduced by Musso, read by short title, and deferred until the March 4th meeting of Council.

Introduction of Bill No. 10, Session 2008, (View) A Bill amending the 2008 Budget in the amount of $9,900 for subsequent funding received from a state Cancer Grant, was introduced by Ray, read by short title, and deferred until the March 4th meeting of Council.

Introduction of Bill No. 11, Session 2008, (View) A Bill amending the 2007 Budget in the amount of $2,000 for the Police Summer Bowling Program, was introduced by Texter, read by short title, and deferred until the March 4th meeting of Council.

Introduction of Bill No. 12, Session 2008, (View) A Bill amending the 2008 budget in the amount of $75,000 for a Dental Health Program grant, was introduced by Ray, read by short title, and deferred until the March 4th meeting of Council.

FINAL PASSAGE OF BILLS / RESOLUTIONS

Final Passage of Bill No. 1, Session 2008, (View) Bill amending Part One “Administrative Code” of the Codified Ordinances to require candidates for the offices of City Treasurer and City Controller to show proof of bonding to qualify for office, which was introduced by Texter at the February 19th meeting of Council, and read by short title, came up for final passage. On motion of Texter, seconded by Smith, Bill No. 1 came up for discussion.

Councilman Texter read an opinion received from Assistant Solicitor Don Hoyt basically stating that Council cannot adopt a pre-election qualification for the Treasurer and Controller positions that are not already provided for by the 3rd Class City Code. He said he is concerned about Solicitor Hoyt’s opinion in that there are no specific citations of law. Additionally, he stated that the City of York operates under the Optional Charter Law, not the 3rd Class City Code. Councilman Texter provided Council with citations from Sections 304 & 305 of the Optional Charter Law regarding corporate powers, Sections 606-609 of the Optional Charter Law regarding Council’s legislative powers, and 25 P.S. §2780 “Affidavits of Candidates” of the Elections Code regarding candidate’s qualifications to serve in such capacity. Councilman Texter questioned Solicitor Hoyt’s research efforts in that his research is contrary to that provided by Mr. Hoyt.

Motion to table. Councilman Texter explained in detail his concerns and felt that Mr. Hoyt’s opinion was not accurate and as such made a motion to table Bill No. 1 for further research and clarification. He said he would also like an opinion from the PA League of Cities and Municipalities (PLCM) on this issue. The motion was seconded by Smith and passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith – 4; Nays – Musso – 1. Therefore, Bill No. 1 was tabled until further notice.

Final Passage of Bill No. 2, Ordinance No. 1, Session 2008, (View) A Bill amending the 2008 Budget by appropriating revenue and expenditures for the Department of Public Works in the amount of $250,000 for an RACP grant that will be used for public improvements to Penn & Farquhar Parks, which was introduced by Smith at the February 5th meeting of Council and read by short title, came up for final passage. On motion of Smith, seconded by Texter, Bill No. 2, Ordinance No. 1, passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Final Passage of Bill No. 3, Ordinance No. 2, Session 2008, (View) A Bill amending the 2008 CDBG Program Budget to reflect changes resulting from actual funding levels rolled over from 2007, which was introduced by Ray at the February 5th meeting of Council and read by short title, came up for final passage. On motion of Ray, seconded by Musso, Bill No. 3 came up for discussion.

Director Bracey explained that this is an annual rollover associated with the CDBG program budget. She said this process is being done a little earlier this year because we have better relationships with our sub-recipients this year and as such, they are processing their invoices earlier. There are no major changes being made to the program’s budget, she said.

There being no further discussion, Bill No. 3, Ordinance No. 2, passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Final Passage of Bill No. 4, Ordinance No. 3, Session 2008, (View) A Bill Amending the 2008 CDBG and HOME Programs budgets to reflect changes resulting from an amendment made to the 2007 Annual Action Plan, which was introduced by Ray at the February 5th meeting of Council and read by short title, came up for final passage. On motion of Ray, seconded by Texter, Bill No. 4 came up for discussion.

Director Bracey explained that this amendment is being done to reflect changes made to the 2007 Annual Action Plan to account for additional funds allocated to the Permits-Clean and Seal Program, Crispus Attucks CDC Program, and Homebuyer Assistance Program. Director Bracey then answered several funding and program questions from Council.

There being further discussion, Bill No. 4, Ordinance No. 3, passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Final Passage of Bill No. 5, Ordinance No. 4, Session 2008, (View) A Bill amending the 2007 Budget by appropriating revenue and expenditures to cover 2007 expenses and in preparation for the 2007 audit, which was introduced by Hill-Evans at the February 5th meeting of Council and read by short title, came up for final passage. On motion of Hill-Evans, seconded by Ray, Bill No. 5, Ordinance No. 4, passed by the following vote: Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Final Passage of Bill No. 6, Session 2008, (View) A Bill amending Part One “Administrative Code” of the Codified Ordinances to establish term limits for Council Members, the Mayor, the Treasurer and the Controller, which was introduced by Texter at the February 5th meeting of Council, read by short title, and amended by Ray, came up for final passage. On motion of Texter, seconded by Ray, Bill No. 6 came up for discussion.

Councilman Texter briefly outlined Bill No. 6, as amended. He said basically, this Bill would restrict the number of times the Council and the Mayor may be elected to office to no more than 3 consecutive 4-year terms, would require that the official remain out of office for at least two years in order to again become eligible to hold office, and would completely remove restrictions on term limits for the Treasurer and Controller. He said during the February 5th Council meeting, resident Ed Berry made a passionate plea against term limits; however, he said he must respectfully disagree with Mr. Berry. Councilman Texter feels this is important legislation because after so many years of service, others should be given an opportunity to serve because change can be good. He said although he prefers his original legislation (before the Ray amendments), he stated that he would support this legislation because the basic concept of the Bill still exists. Councilman Texter stated that he has spoken with the Mayor and has encouraged him to approve this legislation, with amendments, because he does understand the different viewpoints presented.

President Musso said he disagrees with this legislation because he feels placing term limits on elected officials is placing restrictions on the voters. The voters have a right to have their vote count, he said.

Councilwoman Smith also agreed with President Musso. She said the first year in office is always a learning experience. However, after that learning experience, you can start to develop and implement your platform. We are living in a democracy, she said, and the public has a right to choose who they want in office. She stated that she has served more than four terms in office because of our democratic system and laws should support and protect that democracy, not create a dictatorship.

Vice President Hill-Evans feels it is important to keep ideas and concepts fresh and change is a means of doing that. She said she believes term limits could create a mechanism to make candidates accountable for working the plan they have developed during their first term of office. If you didn’t work that plan or that plan isn’t working, then it’s time to move on. However, she said, last night her opinion changed. Vice President Hill-Evans stated that she believes that residents will continue to vote for you if your plan is working and if they feel you are listening to them. If you develop a plan that is working, and your constituents support the plan, what happens to that plan when your term has ended because of this limitation, she asked.

Councilwoman Ray explained that she felt the original legislation presented by Councilman Texter was too restrictive and she offered an amendment because she wanted to allow the Mayor and Council more time in office.

Jeff Werner, York College, said he likes the idea of new blood in office, however, he ultimately feels this should be the decision of the voters and the right to an equitable democracy should not be taken away.

There being no further discussion, Bill No. 6 was DEFEATED by the following vote: Yeas – Texter – 1; Nays – Ray, Hill-Evans, Smith, Musso – 4.

Final Passage of Bill No. 7, Ordinance No. 5, Session 2008, (View) A Bill amending Article 121.03 “Department Heads” of the Codified Ordinances to establish procedures for approving cost of living adjustments for Department Directors and placing a time limit on the length of time the Mayor may serve as temporary department head, which was introduced by Texter at the February 5th meeting of Council, read by short to title, and referred to the Rules & Administrative Code Committee (mtg. scheduled for 2/12/08 @ 7p.m. but was canceled due to inclement weather), came up for final passage. On motion of Texter, seconded by Musso, Bill No. 7 came up for discussion.

Councilman Texter explained that this legislation would seek to define “temporarily” in describing the amount of time the Mayor may serve as temporary department head to place a restriction of no longer than 120-days. Additionally, a subsection is being added to establish procedures for granting cost of living adjustments (COLA’s) to department heads to allow them to receive them the same time as other full-time, non-affiliated city employees.

Councilwoman Smith said she would like to offer an amendment to remove the 120-day rule because she feels it would become burdensome for the Mayor to attend Council meetings for every 120-days he serves as temporary department head to explain why the position hasn’t been filled. She feels the Mayor should not be pressured into hiring someone. With residency requirements, it sometimes takes years to find a qualified candidate living in the city or willing to move to the city to fill a vacancy in the Mayor’s Administration.

Councilman Texter said the 120-day rule would ensure that Council is involved in the process and is kept informed on the status of the vacancy.

President Musso stated that he would support this legislation and doesn’t feel the 120-day rule is a big deal. Also, he said the department heads and elected officials are the only positions that do not receive automatic COLA’s. He said he feels department heads should be given the same consideration as other NAFF employees instead of voting on their COLA’s separately. He said COLA’s are based on CPI’s and that directors are not asking for merit increases and should therefore receive COLA’s like the other NAFF employees.

Assistant Solicitor Shaleeta Washington reminded Council about opinions received on this issue from the past Administration. She said both memos indicate that the 120-day rule would exceed Council’s authority.

Motion to amend. There being no further discussion, a motion was made by Smith, seconded by Ray, to remove the 120-rule day and keep the word “temporarily” in the legislation. The motion to amend passed by the following vote: Yeas – Ray, Hill-Evans, Smith – 3; Nays – Texter, Musso – 2.

There being no further discussion, Bill No. 7, Ordinance No. 5, as amended, passed by the following vote: Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Final Passage of Bill No. 8, Ordinance No. 6, Session 2008, (View) A Bill establishing compensation for York City elected officials and providing an effective date, which was introduced by Texter at the February 5th meeting of Council, read by short title, and amended (Resolution No. 26), came up for final passage. On motion of Texter, seconded by Musso, Bill No. 8 came up for discussion.

Councilman Texter explained that this legislation would establish the salary of the Mayor as follows: $67,500 effective January 2010; $70,000 effective January 2011; $72,500 effective January 2012; and $75,000 effective January 2013. This would also establish the Controller’s salary at $20,000 effective January 2012. He explained that according to an opinion provided by the Solicitor’s Office, Councilwoman Ray was correct that Council could not solely establish the Treasurer’s salary because the other taxing authorities (county and school district), along with the city, must have public meetings in order to discuss and vote upon the issue of whether the salary of the tax collector should be raised. If a raise is approved, then the agreement must be memorialized by way of ordinance or resolution.

Councilwoman Ray asked if Council would be able to solely establish the salary of the Deputy Treasurer. Councilman Texter said he’s not sure. Councilwoman Ray suggested Council research this further.

There being no further discussion, Bill No. 8, Ordinance No. 6, as amended by Resolution No. 26, passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Final Passage of Resolution No. 30, Session 2008, (View) A Resolution authorizing a 3.5% cost of living adjustment (COLA) for Department Directors, which was introduced by Musso at the February 5th meeting of Council, read at length, and referred to the Business Administration Committee (mtg. scheduled for 2/12/08 @ 7p.m. but was later canceled due to inclement weather), came up for final passage. On motion of Musso, seconded by Texter, Resolution No. 30 came up for discussion.

President Musso said this Resolution is being considered based on previous rules. However, with the adoption of Bill No. 7, Ordinance No. 5, Council will no longer have to approve COLA’s for Director’s.
There being no further discussion, Resolution No. 30 passed by the following vote: Yeas – Ray, Texter, Smith, Musso – 4; Nays – Hill-Evans – 1.

NEW BUSINESS

Resolution No. 42, Session 2008, (View) A Resolution supporting Senate Bill 777 regarding collection methods for delinquent real estate taxes, was introduced by Musso, read at length, and on motion of Musso, seconded by Ray, Resolution No. 42 came up for discussion.

President Musso explained that municipalities traditionally secure 3rd party collection agencies to collect delinquent real estate taxes. He said the City of York contracts with the York Area Tax Bureau for this service and they in turn charge the city 5% for this service. SB777 seeks to place the burden for this service on the delinquent taxpayer instead of the municipality thereby allowing the municipal to receive 100% of the delinquent tax.

There being no further discussion, Resolution No. 42 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Resolution No. 43, Session 2008, (View) A Resolution approving a right-of-way agreement with Columbia Gas of PA to install a pipeline & service for the Farquhar Park Pool Project, was introduced by Smith, read at length, and on motion of Smith, seconded by Texter, Resolution No. 43 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Resolution No. 44, Session 2008, (View) A Resolution authorizing an agreement with Metropolitan Edison to convert two (2) company-owned, 175-watt mercury vapor streetlights to 150-watt, high-pressure sodium streetlights at 284 Cottage Hill Rd. and 70 E. Hamilton Ave., and to install one (1) 150-watt, high pressure sodium streetlights at 1213 Prospect Rd. (rear), was introduced by Smith, read at length, and on motion of Smith, seconded by Texter, Resolution No. 44 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Resolution No. 45, Session 2008, (View) A Resolution authorizing the filing of a proposal for funds with the Pennsylvania Commission on Crime and Delinquency (PCCD) in the amount of $176,000 for the 2008-2009 Weed and Seed Program year, was introduced by Hill-Evans, read at length, and on motion of Hill-Evans, seconded by Texter, Resolution No. 45 came up for discussion.

Commissioner Mark Whitman explained that the county has administered the Weed & Seed program for several years but it was recently discovered that the local municipality should be the ones administering the program. Therefore, effective July 1st, the city will take over operations, however, the county will still remain a partner in the program. Commissioner Whitman stated that the $176,000 application is about $90,000 less than previous years because more and more municipalities are vying for the same pot of money. He said we must move quickly with applying for funding because we will have to train staff and the deadline to file is March 1st.

President Musso asked if the city will be able to recuperate administrative fees for administering the program. Commissioner Whitman responded that this is already a starving program and to charge administrative fees could limit valuable programming options.

Commissioner Whitman then answered several programming and funding questions from Council.

There being no further discussion, Resolution No. 45 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Resolution No. 46, Session 2008, (View) A Resolution authorizing an agreement with Atkins House for HIV Counseling & Testing for the period of January 1 – December 31, 2008 in the amount of $5,000, was introduced by Ray, read at length, and on motion of Ray, seconded by Texter, Resolution No. 46 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Resolution No. 47, Session 2008, (View) A Resolution authorizing an agreement with the United Way of York Co. for the community garden initiative for the period of March 1 through June 30, 2008 in the amount of $1,500, was introduced by Ray, read at length, and on motion of Ray, seconded by Texter, Resolution No. 47 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

REQUESTS FOR FUTURE MEETINGS

Public Works Committee, Toni Smith, Chair: Committee meeting scheduled for Tuesday, March 25, 2008 at 7:00 p.m. in Council Chambers to hear information on the Guaranteed Energy Savings Program (GESP). Representatives from the State Department of General Services and Johnson Controls will be invited to attend. (Click here to read more information about GESP)

COUNCIL COMMENT

President Musso read the following announcements:

Mayor John S. Brenner invites members of the public to attend the City of York's 6th Annual State of the City Address on Thursday, April 3, from 5 - 7 p.m. at Sovereign Bank Stadium, in the White Rose Room. The York County Chamber of Commerce is a sponsor of the event. A reception will be held before the speech with proceeds from the event benefiting the City's YorkScape fund. Admission is $10. Nominations are being accepted for the York Awards to be presented following the State of the City Address. Interested persons may also contact City Hall at 845-FYIYork (845-3949). Nominations are due March 7, by 4:30 p.m. For a copy of the nomination form click here. For a copy of the invitation click here.

Also, the York Revolution will be giving bands the opportunity to perform for a Friday night game this season. Each band chosen will perform from 5 to 7 p.m. on the Brooks Robinson Plaza outside of Sovereign Bank Stadium to kick-off the game. You will also receive free tickets to watch the Revolution that night! If your band is up for the challenge and has what it takes to make for a memorable night at the ballpark, send a demo CD to the Revolution today! The deadline to apply is April 2. All kinds of musical acts will be considered. Spots are limited, so get those demos in now! If you have any questions please call (717) 801-4484 or e-mail: amautone-burgos@yorkrevolution.com.
Send CD and contact information to: York Revolution, Attn: Allie Mautone-Burgos, Sovereign Bank Stadium, 5 Brooks Robinson Way, York, PA 17401.

ADMINISTRATION COMMENT

Fire Chief John Senft relayed that the city’s application for Homeland Security Funding was denied today. He said the city will continue to seek additional funding sources to support its Homeland Security program.

NEXT MEETING

The next regular meeting of City Council is scheduled for Tuesday, March 4, 2008 at 7:00 p.m. in Council Chambers, 1 Marketway West, 3rd Floor, York, PA.

ADJOURNMENT

There being no further business, the February 19, 2008 meeting of Council adjourned at 9:23 p.m.