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City Council Meeting Minutes

May 20, 2008

CALL TO ORDER: City Council convened in a General Committee meeting on Tuesday, May 20, 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

Franklin Williams, 528 W. Market St., York, PA, discussed parking violations in that he felt fines for fire hydrant violations should be higher than meter violations, which is currently set at $15. Next, Mr. Williams stated that two of his neighbors moved out of his neighborhood recently and, as such, he suggested that the Mayor speak with them as a sort of exit interview on why they decided to move out of the city. He said he believes that the city should have an interest in doing exit interviews with residents who move into the suburbs as the city makes many efforts to attract people from the suburbs into the city. Lastly, Mr. Williams expressed his increased concern about crime in the city, which seems to be on the rise.

Charlotte Bergdoll, 515 W. Market St., York, PA, first stated that she supports Bill No. 24, a Bill, which in part, prohibits smoking on public parks and in city-owned facilities. Next, Ms. Bergdoll spoke out against businesses that don’t recycle. She said recycling is the law and businesses must abide by this law just as much as residents do. Ms. Bergdoll proclaimed that the YMCA, in her opinion, is a specific offender of our recycling laws and asked what could be done to make them adhere to these laws. President Musso said he would forward Ms. Bergdoll’s concerns to Mayor Brenner for a response.

There being no further public comment, President Musso adjourned the General Committee meeting and reconvened in Legislative Session at 7:07 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, Steve Buffington, Deputy Fire Chief, and Michael O’Rourke, Business Administrator. Also present was Shaleeta Washington, Assistant Solicitor. Matt Jackson, Director of Economic Development, Mark Whitman, Police Commissioner, and John Senft, Fire Chief, 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 May 6, 2008, and approve them as written. The motion passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

PRESENTATIONS: NONE

COMMITTEE MEETINGS SCHEDULED

Community Development Committee, Genevieve Ray, Chair: C.D. Committee meeting is scheduled for Tuesday, June 3, 2008 at 6:00 p.m. to hear from residents who will be attending the 2008 Neighborhoods USA Conference in Hampton, VA from May 21-24, 2008. For more information on the 2008 NUSA Conference, please visit: http://www.nusa.org/index.htm.

COMMITTEE REPORTS

Public Works Committee, Councilwoman Toni Smith, Chair: P.W. Committee meeting was held on Tuesday, May 13, 2008 at 7:00 p.m. in Council Chambers, to discuss Bill No. 24, (View) a Bill amending Article 741 “Park Conduct” of the Codified Ordinances to update language, add a non-smoking provision, remove provisions for security deposits, and include language to require insurance provisions for events involving 100 or more people. Council heard and was presented information from city officials in support of said legislation. Council also received testimony from residents in favor of and in opposition to the proposed legislation. Bill No. 24 was released from committee for consideration of final passage at Council’s May 20th meeting. As additional amendments were presented by the Solicitor’s Office, Bill No. 24 was pulled from Council’s May 20th agenda to allow for further review. The legislation is now slated to appear on Council’s June 3rd agenda for consideration of final passage.

SUBDIVISION / LAND DEVELOPMENT / HARB

Resolution No. 86, Session 2008, (View) A Resolution accepting the recommendations of HARB in issuing a certificate of appropriateness for work to be covered in the following applications as recommended and approved by HARB: (1) Sherman Martin of Martin & McClean Construction, for work to be done at 252 E. Princess St., and (2) Lance Howard for work to be done at 203 S. Pine St., was introduced by Hill-Evans, read at length, and on motion of Hill-Evans, seconded by Smith, Resolution No. 86 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

CONSENT AGENDA

Introduction of Bill No. 25, Session 2008, (View) A Bill amending the 2008 Budget by appropriating revenue ($500) and expenditures ($400) for a Cardio Fitness Tennis Program, was introduced by Smith, read by short title, and deferred until the June 3 meeting of Council.

Introduction of Bill No. 26, Session 2008, (View) A Bill amending the 2008 Budget to appropriate revenue and expenditures for the purchase of equipment necessary to make the police vehicles compatible with the Shotspotter gun detection system, was introduced by Texter, read by short title, and deferred until the June 3 meeting of Council.

Councilman Texter said this would allow the police department to purchase additional cables and other equipment that will be used to connect the Shotspotter gun detection system to police cruisers.

Introduction of Bill No. 27, Session 2008, (View) A Bill Authorizing a Guaranteed Sewer Revenue Bond for the York City Sewer Authority in an amount not to exceed $10,000,000.00, was introduced by Musso, read by short title, and deferred until the June 3 meeting of Council.

FINAL PASSAGE OF BILLS / RESOLUTIONS

Final Passage of Bill No. 21, Ordinance No. 19, Session 2008, (View) A Bill amending the 2007 Budget by appropriating revenue and expenditures in various departments in preparation for the 2007 audit, which was introduced by Hill-Evans at the May 6 meeting of Council, and read by short title, came up for final passage. On motion of Texter, seconded by Smith, Bill No. 21 came up for discussion.
Administrator O’Rourke outlined that this is a yearly procedure done in preparation for the audit. Basically, he explained that the city is required to have a balanced budget and these amendments will re-adjust line items in order to obtain a balanced budget.

Administration O’Rourke answered questions, at length, from Council regarding various line items such as the 2008 TRAN, certificates of deposit, employee overtime and salaries, as well as several other line items with particular attention given to under budgeted line items.

After a lengthy discussion, Bill No. 21, Ordinance No. 19, passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Final Passage of Bill No. 22, Ordinance No. 20, Session 2008, (View) A Bill Amending the 2008 CDBG & HOME Program Budgets to reflect the 2008 HUD Award and an amendment made to the 2008 Action Plan, which was introduced by Ray at the May 6 meeting of Council, and read by short title, came up for final passage. On motion of Ray, seconded by Hill-Evans, Bill No. 22 came up for discussion.
Director Bracey explained that this amendment is being made to reflect the actual award from HUD, which was a slight decrease from the amount requested. As a result of that decrease, she said an amendment has to be made. She did say that there should not be a reduction in services or activities as a result of this amendment.

There being no further discussion, Bill No. 22, Ordinance No. 20, passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Final Passage of Bill No. 23, Ordinance No. 21, Session 2008, (View) A Bill Amending Article 1763.02 “Referenced Standards” of the Property Maintenance Code to update references to various codes, which was introduced by Ray at the May 6 meeting of Council, and read by short title, came up for final passage. On motion of Ray, seconded by Hill-Evans, Bill No. 23, Ordinance No. 21, passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Pulled from Agenda. Bill No. 24, Session 2008, (View) A Bill amending Article 741 “Park Conduct” of the Codified Ordinances to update language, add a non-smoking provision, remove provisions for security deposits, and include language to require insurance provisions for events involving 100 or more people, was pulled from the agenda as additional amendments were presented by the Solicitor’s Office. The legislation is slated to appear on Council’s June 3rd agenda for consideration of final passage.

NEW BUSINESS

Resolution No. 87, Session 2008, (View) A Resolution authorizing a 2008 Budget transfer within the 2008 Recreation Fund to cover program expenses, was introduced by Smith, read in brief, and on motion of Smith, seconded by Texter, Resolution No. 87 came up for discussion.

Director Gross explained that funds are being shifted at the request of the Controller’s office to more clearly outline program allocations and expenses. He said no additional funds are being requested.
Councilwoman Ray asked if cost center 00124 “2009 First Night York – New Year’s Revolution” is an indication that the 2009 New Year’s Eve celebration will take place at the Sovereign Bank Baseball Stadium. Director Gross replied that the line item was given that title, however, that does not necessarily mean festivities would take place at the stadium. Councilwoman Ray spoke out against moving the New Year’s festivities from Continental Square to the baseball stadium and as a definite answer could not be given at this time, she could not support this Resolution.

There being no further discussion, Resolution No. 87 passed by the following vote: Yeas – Hill-Evans, Texter, Smith, Musso – 4; Nays – Ray – 1.

Resolution No. 88, Session 2008, (View) A Resolution authorizing an agreement with the Watershed Alliance of York, Inc. (WAY) to support watershed conservation and protection within the City of York, was introduced by Smith, read at length, and on motion of Smith, seconded by Texter, Resolution No. 88 came up for discussion.

Director Gross explained that WAY will provide assistance to the City of York in helping us remain in compliance with the ongoing requirements of the PA DEP MS4 General Permit requirements related to the storm sewer system. There is no cost associated with this service.

There being no further discussion, Resolution No. 88 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Resolution No. 89, Session 2008, (View) A Resolution authorizing an agreement with Met-Ed (Metropolitan Edison Company) to upgrade and/or maintain street lighting for the service, accommodation, convenience and safety of the public, was introduced by Smith, read at length, and on motion of Smith, seconded by Texter, Resolution No. 89 came up for discussion.

Director Gross explained that streetlights would be upgraded to 150-watt, high-pressure sodium vapor streetlights at 700 Manor St. and 365 Maryland Ave., a new streetlight would be installed on Norway St., and a light removed at 273 W. Springettsbury Ave. Director Gross then outlined the procedures residents should follow when requesting installation of streetlights in their neighborhood.

There being no further discussion, Resolution No. 89 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Resolution No. 90, Session 2008, (View) A Resolution authorizing agreements with Family First Health and the York Hospital Bentzel Dental Clinic to implement a dental sealant program for the period of January 1, 2008 through September 30, 2008, was introduced by Ray, read at length, and on motion of Ray, seconded by Hill-Evans, Resolution No. 90 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Resolution No. 91, Session 2008, (View) A Resolution authorizing a five (5) year agreement with Atlantic Tactical to provide uniforms and equipment for Police Officers, was introduced by Texter, read at length, and on motion of Texter, seconded by Hill-Evans, Resolution No. 91 came up for discussion.

Councilman Texter explained the terms of the contract and then answered questions from Council.
Councilwoman Ray questioned why a contract amount is not included in the Resolution. Councilman Texter explained that $70,000 was appropriated for this expense in the 2008 Budget and, as such, the contract could not exceed that amount without Council approval.

A discussion ensued on whether an amendment should be made to the Resolution to include language to authorize an expenditure of not more than $70,000 since a dollar amount was not originally included in the Resolution. President Musso felt an amendment was not necessary as any un-appropriated expenditures would require Council approval anyway.

Motion to amend. After discussion, Councilwoman Ray chose to offer an amendment to Resolution No. 91, and therefore made a motion to amend the Resolution to include the following language in the last line of the first paragraph of the “Now, Therefore, Be It Resolved” clause: “...and shall not exceed $70,000 without Council approval.” The motion to amend was seconded by Hill-Evans, and passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith – 4; Nays – Musso – 1.

There being no further discussion, Resolution No. 91, as amended, passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Resolution No. 92, Session 2008, (View) A Resolution authorizing conditional letters of employment as probationary police officers be sent to candidates as selected from the Police Civil Service Eligibility List which reflects 183 candidates, was introduced by Texter, read at length, and on motion of Texter, seconded by Hill-Evans, Resolution No. 92 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Resolution No. 93, Session 2008, (View) A Resolution authorizing a budget transfer within several line items within the Department of Public Works’ budget to allow payment of natural gas and electric bills, was introduced by Hill-Evans, read at length, and on motion of Hill-Evans, seconded by Texter, Resolution No. 93 came up for discussion.

Director Gross explained that the Public Works Department pays all natural gas and electric bills. In the past, he said, purchase orders (PO) had to be submitted in order to authorize payment of these bills; however, the approval process proved to be arduous and time consuming because of the number of officials needed to approve the PO. He said these transfers will place funds directly into the Public Works’ budget thereby streamlining the payment process as fewer officials would be required to approve payment.
There being no further discussion, Resolution No. 93 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

REQUESTS FOR FUTURE MEETINGS

Community Development Committee, Genevieve Ray, Chair: C.D. Committee meeting is scheduled for Tuesday, June 3, 2008 at 6:00 p.m. to hear from residents who will be attending the 2008 Neighborhoods USA Conference in Hampton, VA from May 21-24, 2008. For more information on the 2008 NUSA Conference, please visit: http://www.nusa.org/index.htm.

COUNCIL COMMENT

Vice President Hill-Evans reminded residents to dispose of trash and waste in appropriate receptacles.

Councilwoman Ray invited Council and the public to attend the ribbon cutting ceremony for the new Foundry Park on June 12 at 4 p.m. at Foundry Park located along the Codorus Creek bounded by W. Philadelphia St., N. Newberry St., W. Market St., and N. Pershing Ave.

Councilman Texter announced that the York County Community Foundation (YCCF) will hold its annual meeting at the Yorktowne Hotel on May 22 at 5 p.m.

ADMINISTRATION COMMENT: NONE

NEXT MEETING: The next regular meeting of City Council is scheduled for Tuesday, June 3, 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 May 20, 2008 meeting of Council adjourned at 8:39 p.m.