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City Council Meeting Minutes

April 2, 2008

CALL TO ORDER: City Council convened in a General Committee meeting on Tuesday, April 1, 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

Paul Doudrick, 852 Wood St., York, PA, discussed parking around the baseball stadium during games and stated that he would like a visitor’s pass to allow him to park his vehicle during game season without being ticketed or towed.

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: Shaleeta Washington, Assistant Solicitor. Jim Gross, Director of Public Works, Kim Bracey, Director of Community Development, Matt Jackson, Director of Economic Development, Mark Whitman, Police Commissioner, John Senft, Fire Chief, and Michael O’Rourke, Business Administrator, were absent.

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

Pledge of Allegiance: The Pledge of Allegiance was recited.

Approval of Minutes: A motion was made by Texter, seconded by Hill-Evans, to dispense with the reading of the Minutes of March 18, 2008, and approve them as written. The motion passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

PRESENTATIONS

President Musso read and presented the York Catholic Girls’ Basketball Team with a letter of recognition (view letter) for winning the PIAA Class AA Basketball Championship.

Kevin Bankos, Coach for the York Catholic Girls’ Basketball Team, was onboard and accepted Council’s letter of recognition on behalf of the basketball team, coaches and staff. He thanked Council for their kindness and said they are honored to accept this letter. Coach Bankos then applauded the girls’ basketball team on a job well done.

Ashton Bankos, team member, said the team worked hard this season and is honored and grateful to receive Council’s letter of recognition.

Council took a moment to recognize those in attendance and congratulated the team, its coaches and staff on winning the PIAA Class AA Championship.

COMMITTEE MEETINGS SCHEDULED: NONE

COMMITTEE REPORTS

General Committee Meeting - Joseph R. Musso, Chair: President Musso reported that Council met in a General Committee meeting on Tuesday, March 25, 2008, from 7:00 – 9:00 p.m., in Council Chambers to hear information on the Guaranteed Energy Savings Program (GESP Information). Representatives from the State Department of General Services and Johnson Controls were in attendance. President Musso stated that Council would look to consider passage of a contract for GESP services in the near future. Council also heard from Matt Leisses, Environmental Specialist, and Jeanne Barret-Ortiz, Director of the PA Environmental Advisory Council, information on appointing a volunteer “Environmental Advisory Council” to advise local government on environmental issues and polices. (EAC Information) Council continues to receive more information on EAC’s and discussions continue in this area.

SUBDIVISION / LAND DEVELOPMENT / HARB

Note: Agenda Item No. 1 (HARB application #6-08H for 312-314 W. Market St.) was pulled from the agenda as approval was previously granted at Council’s March 4, 2008 meeting (Res#48).

Resolution No. 61, Session 2008, (View)(Supporting Documents) A Resolution denying HARB’s recommendations in authorizing a certificate of appropriateness for work to be covered in the application received by Josh Humer, J. Daniel Enterprises, for work to be done at 312-314 W. Market St., was introduced by Musso, read at length, and on motion of Musso, seconded by Ray, Resolution No. 61 came up for discussion.

President Musso explained that Council originally approved HARB's recommendation for work to be done at 312-314 W. Market St. (6-08H) at its March 4, 2008 meeting but later received a request from Mr. Humer to appeal HARB's recommendations. In general, the application submitted by Mr. Humer, in part, was to install fiberglass Marvin Infinity windows in the east elevation of the main building; however, HARB required that all-wood Marvin Ultimate windows be used instead. President Musso opened the floor to Mr. Humer for further explanation.

Josh Humer, 224 Arc Dr., York, PA, presented Council with photos of the property located at 312-314 W. Market St. and also had on display a life-sized sample of vinyl windows versus fiberglass Marvin Infinity windows. Mr. Humer outlined that his application was, in part, to replace the facade windows with wooden Marvin Ultimate sash packs, and install fiberglass Marvin Infinity windows on the rear elevation, in the rear ells, and on the east elevation of the main building. Mr. Humer stated that HARB denied his request to install the fiberglass infinity windows on the east elevation of the main building because they feel these windows are visible from the street and looked too much like vinyl. He said HARB had previously approved the use of fiberglass Marvin Infinity windows for a job he did at 29 N. Newberry St. (HARB application #77-07H), also located in the Historic District, and therefore doesn't understand why this application is being treated differently. He then compared the sample he brought of a vinyl window versus the fiberglass Marvin Infinity window, which in his opinion, were completely different. He said the Marvin Infinity is in no way close to a vinyl window in size or texture. Additionally, vinyl windows cannot be painted because the paint will just peel off. However, he said, fiberglass windows can be painted.

President Musso asked Mr. Humer what would be the benefit of using fiberglass instead of wood. Mr. Humer said the all-wood Marvin Ultimates are much more expensive and because they are made of wood, there is always a chance that they could eventually rot. However, the fiberglass infinity window would not warp or rot, is less expensive, and can be painted.

Councilwoman Ray said HARB closely reviews each application on a case-by-case basis because each building has its own distinctive features and because of that, what may be appropriate for one building, may not be appropriate for another.

Dan Knied, 312-314 W. Market St., York, PA, explained that although he would like to retain the historic-like integrity of the building, 312-314 W. Market St. is not listed on any historic register, and therefore, should not be treated as a “significant-impact” project. Mr. Knied stated he does not want to make this a modern-looking house and would like to keep it as original as possible. However, he said these windows are not a discernible part of this project and feels HARB's recommendations to use all-wood ultimate windows in the east elevation of the main building is unreasonable. He said the east windows are hardly noticeable from the street and therefore he does not want to pay more money just to install the all-wood ultimates.

Councilman Texter said he doesn't typically overturn HARB's recommendations but in this case said he agrees with the property owner in that the east windows are difficult to see from the street. Therefore, he said he would support approving installation of the fiberglass infinity on the rear elevation, rear ells, and east side of the main building but wanted to make it clear that this is an exception to the rule.

President Musso reminded Council that last year he made a recommendation to establish a special fund, using CDBG money, to help lift the financial burden to property owners when a situation like this occurs. He asked that Council keep this idea in mind for the future.

Council asked Mr. Humer and Mr. Knied a few more questions about the windows and further discussed and debated fiberglass versus wood. Council also expressed their displeasure and concern that no one from HARB was present this evening to add to discussion.

Motion to amend. After hearing this case, Councilman Texter made a motion to amend Resolution No. 61 to include the following language:

“....Council hereby approves a certificate of appropriateness...and that said work shall be done as follows: (1) All-wood Marvin Ultimate replacement windows will be used in the facade; (2) Fiberglass Marvin Infinity replacement windows will be used in the east elevation of the main building, rear elevation, and in the rear ells; (3) All the new windows will have simulated divided lights with 7/8” muntins. The new light configurations will match the existing on each window; and (4) The jambs will be taupe or brown.”

The motion to amend was seconded by Ray and passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Therefore, Resolution No. 61, as amended, passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Resolution No. 62, Session 2008, (View) A Resolution accepting the recommendations of HARB in issuing certificates of appropriateness for work to be covered in the following applications as recommended and approved by HARB: Joseph W. Garris, Jr. for work to be done at 116 E. King St., Sam Myers for work to be done at 448-450 W. Philadelphia St., Josh Millman, Facilities Planners +Architects, for work to be done at 18 S. George St., Joel Boogher for work to be done at 335 W. Philadelphia St., Steve Buffington for work to be done at 100-102 S. Beaver St., Keith Davis, Affordable Restorations & Construction, for work to be done at 330 W. Princess St., and Tom Behrle for work to be done at One South George St., was introduced by Texter, read at length, and on motion of Texter, seconded by Smith, Resolution No. 62 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

CONSENT AGENDA

Introduction of Bill No. 17, Session 2008, (View) A Bill amending the 2008 HOME Program Budget to reflect unallocated funds and changes resulting from actual funding levels rolled over from 2007, was introduced by Ray, read by short title, and deferred until the April 15 meeting of Council.

FINAL PASSAGE OF BILLS / RESOLUTIONS: NONE

NEW BUSINESS

Resolution No. 63, Session 2008, (View) A Resolution reappointing Robert L. Simpson as a member of the York City Board of Health which term shall expire the first Monday of April 2013; Appointing Cynthia Johannes-Beecher as a member of the Fire Civil Service Commission which term shall expire November 5, 2010; and Reappointing Stewart C. Cluck as a member of the Construction Board of Adjustment and Appeals which term shall expire March 1, 2011, was introduced by Smith, read at length, and on motion of Smith, seconded by Texter, Resolution No. 63 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Resolution No. 64, Session 2008, (View) A Resolution declaring April 2008 as “Fair Housing Month” in the City of York, was introduced by Hill-Evans, read at length, and on motion of Hill-Evans, seconded by Texter, Resolution No. 64 came up for discussion.

Stephanie Seaton, Director of the York City Human Relations Commission, was onboard and outlined the Fair Housing Act. She said this year's theme is “Fair Housing is not an option – it's the Law”. She gave testimony about a recent case of unfair housing practices that resulted in a settlement for the complainant. She said unfair practices occur everyday and the HRC diligently works to educate the public on human relations issues and where to go for help. Director Seaton invited Council and the public to attend a workshop on Fair Housing on April 29, 2008 at the White Rose Senior Center from 6-8 p.m. Advanced registration is requested. For more information, please contact the York City Human Relations Commission at (717) 846-2926.

There being no further discussion, Resolution No. 64 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Resolution No. 65, Session 2008, (View) A Resolution authorizing an agreement with the York White Rose Nu-Voice Club to provide tobacco prevention and cessation programs in county schools for the period of April 1, 2008 through June 30, 2009 in the amount of $20,000.00, was introduced by Ray, read at length, and on motion of Ray, seconded by Smith, Resolution No. 65 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Resolution No. 66, Session 2008, (View) A Resolution authorizing an agreement with the Family Health Council of Central PA to provide a regional comprehensive tobacco use and prevention program for the period of April 1, 2008 through June 30, 2009 in the amount of $145,759 to be paid from health grant #10070, was introduced by Ray, read at length, and on motion of Ray, seconded by Smith, Resolution No. 66 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Resolution No. 67, Session 2008, (View) A Resolution authorizing an agreement with the PA Department of Health to provide community-based cardiovascular, osteoporosis, diabetes, nutrition and physical activity education and disease prevention programs in the City of York for the period of July 1, 2008 through June 30, 2011 in the amount of $209,499.00 and funded through state health grant #10015, was introduced by Ray, read at length, and on motion of Ray, seconded by Smith, Resolution No. 67 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Resolution No. 68, Session 2008, (View) A Resolution authorizing an agreement with the PA Department of Health to provide injury prevention programs in the City of York for the period of July 1, 2008 through June 30, 2011 in the amount of $46,427.00 and funded through state health injury prevention grant #10011, was introduced by Ray, read at length, and on motion of Ray, seconded by Smith, Resolution No. 68 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

REQUESTS FOR FUTURE MEETINGS: NONE

COUNCIL COMMENT

President Musso relayed that he was contacted by Tim Warfield, Chair of the York City General Authority, about having a joint meeting to discuss the city's parking meter system. He said he would keep Council informed of any developments.

Councilman Texter asked the City Clerk to place Bill No. 1 (View) on the April 15th Council agenda, which is a Bill requiring candidates for the offices of City Treasurer and City Controller to show proof of bonding to qualify for office, along with amendments to the Bill he presented at the March 4th meeting (View amendment). In an opinion received from Assistant Solicitor Washington, the Solicitor’s Office reviewed the above amendments to the Bill and stated that they do not see any legal issues with said amendments as the Bill is simply incorporating what is already stated in other applicable laws. Therefore, Bill No. 1 will be placed on Council’s April 15th agenda for consideration of final passage.

Councilwoman Ray shared her excitement with seeing all of the beautiful daffodils blooming throughout the city. She said three years ago, through the collaborative efforts of the City of York, the York County Community Foundation and volunteers, over 1,000 daffodils have been planted throughout the city. Councilwoman Ray encouraged members of the community to take part in the Annual Daffodil Dig and become part of an effort to enrich our community. For more information on the Daffodil Dig initiative, please contact the York County Community Foundation at (717) 848-3733 or visit them at http://www.yccf.org/daffodil_dig.asp.

President Musso then read several press releases issued by Mayor Brenner.

ADMINISTRATION COMMENT: NONE

NEXT MEETING: The next regular meeting of City Council is scheduled for Tuesday, April 15, 2008 at 7:00 p.m. (Public Comment commences at 6:30 p.m.) in City Council Chambers, 1 Marketway West, 3rd Floor, York, PA.

ADJOURNMENT: There being no further business, the April 1, 2008 meeting of Council adjourned at 8:25 p.m.