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City Council Meeting Minutes

September 2, 2008

CALL TO ORDER: City Council convened in a General Committee meeting on September 2, 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: Cameron Texter, Toni Smith, Carol Hill-Evans, Vice President, and Joseph R. Musso, President, with President Musso presiding. Councilwoman Genevieve Ray was absent due to an illness. Mayor John Brenner was not present.

GENERAL PUBLIC COMMENT

Manuel Gomez, 357 W. Philadelphia St., York, PA, said he visited the police department and tried to photograph the police log but was denied by a belligerent desk clerk. Mr. Gomez said the police log is public record and therefore he should have been able to photograph it.

Charlotte Bergdoll, Cherry Lane Realty, 515 W. Market St., York, PA, questioned why recycling containers are not downtown and suggested that some be installed. She then discussed a myriad of concerns that included nuisance abatement issues and questioned how one person is able to shut down an entire building and that landlords shouldn’t be responsible for their tenants’ indiscretions. Ms. Bergdoll also spoke about the Manufacturers’ Association building and how that area needs serious redevelopment.

Michael Helfrich, 23 S. George St., York, PA, agreed with Ms. Berdoll’s comments regarding recycling containers. He then announced the Willis Run Clean-up initiative, which will take place on September 28th from 10 a.m. to 5 p.m. They will meet at Kiwanis Lake.

Jeremy Holtzapple, 332 S. George St., York, PA, complained about the treatment he received from a police officer alleging that the officer was disrespectful and condescending. He asked that a message be relayed to Commissioner Whitman to contact him to discuss this issue.

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: Cameron Texter, Toni Smith, Carol Hill-Evans, Vice President, and Joseph R. Musso, President, with President Musso presiding. Councilwoman Genevieve Ray was absent due to an illness. Mayor John Brenner was not present.

Members of the Administration in attendance included: John Senft, Fire Chief. Also present was Don Hoyt, Assistant Solicitor Don Hoyt. Jim Gross, Director of Public Works, Kim Bracey, Director of Community Development, Matt Jackson, Director of Economic Development, Mark Whitman, Police Commissioner, 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 August 19, 2008, and approve them as written. The motion passed by the following vote: Yeas – Hill-Evans, Texter, Smith, Musso – 4; Nays – 0.

Correspondence and Announcements: President Musso read correspondence and announcements.

PRESENTATIONS

Councilman Texter read a proclamation recognizing the Northwest York Historic District's 25 Years of Listing in the National Register of Historic Places. (View Proclamation)

COMMITTEE MEETINGS SCHEDULED

· Sept 9 – Community Development & Public Works Committees meeting at 7 p.m. to discuss Codorus Homes - Thackston Park Projects with Housing Authority representatives doing a presentation. (CANCELED)
· Sept 16 - General Committee meeting at 6 p.m. to hear from Matt Jackson & staff an update on the NWT project.

COMMITTEE REPORTS

· Community Development Committee, Genevieve Ray, Chair: C.D. Committee meeting held on Tuesday, July 29, 2008 at 7 p.m. and August 26, 2008 at 8:00 p.m. in Council Chambers to discuss Bill No. 32 (View) - a Bill amending Article 307 “Exemption from Dwelling Improvements” to change the definition of improvement to include construction of new dwelling units and to expand the definition of dwelling units; and Bill No. 33 (View) - a Bill establishing Article 1729 “Vacant Property Registration” to establish guidelines for the registration of vacant properties in the city and payment of related fees. Councilman Texter proposed amendments to Bill No. 32 (View) and Bill No. 33 (View). Committee members voted both pieces of legislation out of committee for consideration of final passage at tonight's meeting.

· Police Committee, Cameron Texter, Chair: Police Committee meeting held on Tuesday, August 26, 2008 at 7:00 p.m. in Council Chambers to discuss Bill No. 40 (View) A Bill Amending Article 1751 "Nuisance Abatement" of the Codified Ordinances to relinquish powers formerly granted to the Code Official and Dept. of Fire Rescue services and granting them to the Police Commissioner, amending said powers as granted to the Police Commissioner, amending notice requirements, establishing criteria for assessment of points, establishing procedures for removal of points and transfer of ownership, amending requirements of the Nuisance Abatement Board of Appeals, establishing a nuisance abatement agreement procedure, and updating language to make the ordinance consistent with current laws. Committee members voted to keep the legislation in committee for further discussion.

SUBDIVISION / LAND DEVELOPMENT / HARB

Note: Council considered agenda item #8 prior to consideration of subdivision/land development and HARB items. (See Resolution No. 130 under “New Business”)

Resolution No. 131, Session 2008, (View) A Resolution accepting the recommendations of HARB in issuing a certificate of appropriateness for work to be covered in the applications submitted by Todd Lowe, J.R. McKinley Construction, for work to be done at 19-21 N. George St., Toni Schimmel for work to be done at 400 W. Philadelphia St., Mindy Miller, YMCA, for work to be done at 90 N. Newberry St., Jeff Zeiler, Select City Properties, for work to be done at 111 E. Market St., Tim Warfield, General Authority, for work to be done at 47 E. Market St. (parking garage), Bob Mock, SAAarchitects, for work to be done at 30 S. Howard St., Samuel Cruz for work to be done at 416 E. King St., and Joshua Burton for work to be done at 115 N. Queen St. The Resolution was introduced by Hill-Evans, read at length, and on motion of Hill-Evans, seconded by Texter, Resolution No. 131 passed by the following vote: Yeas – Hill-Evans, Texter, Smith, Musso – 4; Nays – 0.

CONSENT AGENDA

Introduction of Bill No. 42, Session 2008, (View) A Bill Amending the 2008 Budget for the York City Human Relations Commission for a $8,500 Fair Housing Assistance Program Grant, was introduced by Hill-Evans, read by short title, and deferred until the September 16th meeting of Council.

FINAL PASSAGE OF BILLS / RESOLUTIONS

Final Passage of Bill No. 32, Ordinance No. 36, Session 2008, (View) A Bill Amending Article 307 “Exemption from Dwelling Improvements” to change the definition of improvement to include construction of new dwelling units and to expand the definition of dwelling units, which was introduced by Texter at the June 3rd meeting of Council and referred to the Community Development Committee (mtgs. held 7/8/08, 7/29/08, and 8/26/08), came up for final passage. On motion of Texter, seconded by Smith, Bill No. 32 came up for discussion.

Councilman Texter offered an amendment to Bill No. 32 and therefore introduced the following Resolution:

Resolution No. 132, Session 2008, (View) A Resolution amending Bill No. 32 to include a monthly reports requirement and to remove the waiver provision of city fees, was introduced by Texter, read by short title, and on motion of Texter, seconded by Smith, Resolution No. 132 came up for discussion.

Councilman Texter explained the amendment and answered questions from Council. After discussion, on motion of Texter, seconded by Smith, Resolution No. 132 passed by the following vote: Yeas – Hill-Evans, Texter, Smith, Musso – 4; Nays – 0.

Councilman Texter then offered an additional amendment to Bill No. 32 and therefore introduced the following Resolution:

Resolution No. 133, Session 2008, (View) Amending Bill No. 32 to include qualifying improvements, to add the definition of “applicant” and “project costs”, was introduced by Texter, read by short title, and on motion of Texter, seconded by Musso, Resolution No. 133 came up for discussion.

Councilman Texter explained the amendment and answered questions from Council. After discussion, on motion of Texter, seconded by Smith, Resolution No. 133 passed by the following vote: Yeas – Hill-Evans, Texter, Smith, Musso – 4; Nays – 0.

President Musso then made minor technical amendments to Bill No. 32 in sections 307.09.04, 307.09.05, and 307.10.

There being no further discussion, Bill No. 32, Ordinance No. 36, as amended, passed by the following vote: Yeas – Hill-Evans, Texter, Smith, Musso – 4; Nays – 0.

Click here to view the final version of Bill No. 32, Ordinance No. 36 (Article 307 “Exemption for Dwelling Improvements” of the Codified Ordinances).

Final Passage of Bill No. 33, Ordinance No. 37, Session 2008, (View) A Bill establishing Article 1729 “Vacant Property Registration” of the Codified Ordinances to establish guidelines for the registration of vacant properties in the city and payment of related fees, which was introduced by Texter at the June 3rd meeting of Council and referred to the Community Development Committee (meetings held 7/8/08/, 7/29/08 & 8/26/08), came up for final passage. On motion of Texter, seconded by Musso, Bill No. 33 came up for discussion.

Councilman Texter offered and amendment to Bill No. 33 and therefore introduced the following Resolution:

Resolution No. 134, Session 2008, (View) A Resolution amending Bill No. 33 to add enforcement provisions, to remove the registration fee structure, to include inspection requirements to be conducted by the Fire Dept., to add additional qualifications for a one-time waiver requirement, and to remove the “exceptions” provision, was introduced by Texter, read by short title, and on motion of Texter, seconded by Musso, Resolution No. 134 came up for discussion.

Councilman Texter explained the amendment and answered questions from Council. After discussion, on motion of Texter, seconded by Musso, Resolution No. 134 passed by the following vote: Yeas – Hill-Evans, Texter, Smith, Musso – 4; Nays – 0.

Bill No. 33, as amended, was discussed at length. Chief Senft outlined the role of the Fire Department regarding enforcement and enactment of this legislation. Chief Senft then offered a few minor technical amendments, which were approved unanimously by Council.

There being no further discussion, Bill No. 33, Ordinance No. 37, as amended, passed by the following vote: Yeas – Hill-Evans, Texter, Smith, Musso – 4; Nays – 0.

Click here to view the final version of Bill No. 33, Ordinance No. 37 (Article 1729 “Vacant Property Registration” of the Codified Ordinances).

Final Passage of Bill No. 41, Ordinance No. 38, Session 2008, (View) A Bill amending the 2008 Budget for the Police Department in the amount of $11,500 for a Liquor Control Board Grant, which was introduced by Texter at the August 19th meeting of Council and read by short title, came up for final passage. On motion of Texter, seconded by Hill-Evans, Bill No. 41, Ordinance No. 33, passed by the following vote: Yeas – Hill-Evans, Texter, Smith, Musso – 4; Nays – 0.

NEW BUSINESS

Resolution No. 130, Session 2008, (View) A Resolution appointing Kyle King as an alternate member of the Nuisance Abatement Board of Appeals, which term shall expire April 1, 2009, was introduced by Texter, read at length, and on motion of Texter, seconded by Smith, Resolution No. 130 passed by the following vote: Yeas – Hill-Evans, Texter, Smith, Musso – 4; Nays – 0.

Council congratulated Mr. King on his appointment and thanked him for his willingness to serve the City of York.

Mr. King thanked Mayor Brenner and Council for approving his appointment. The City Clerk then administered the Oath of Office to Mr. King.

Agenda Item #9 (PULLED) – (View) A Resolution supporting and approving an exchange of real estate between the City of York and the Housing Authority of the City of York as part of the Codorus Homes – Thackston Park redevelopment project was pulled from the agenda at the request of Councilwoman Ray as discussions continue.

Resolution No. 135, Session 2008, (View) Resolution authorizing the filing for a proposal for RACP funds in the amount of $2.75m for construction of the Crispus Attucks Early Learning Center, was introduced by Hill-Evans, read at length, and on motion of Hill-Evans, seconded by Texter, Resolution No. 135 came up for discussion.

Carol Kauffman, Crispus Attucks, was onboard and explained that the new Early Learning Center will be a 38,236 square foot building constructed at the intersection of South Duke Street and East Boundary Avenue (50 East Boundary Avenue). The entire project will cost $10,003,844 for construction of the Early Learning Center and renovations to the Crispus Attucks Community Center. The new Early Learning Center will be an environmentally friendly, energy efficient, safe, and educationally centered childcare facility. As a result of the Early Learning Center moving from the main building across the street to its new location, the existing Crispus Attucks Community Center will be renovated to accommodate a larger senior center, as well as expand the Crispus Attucks YouthBuild Charter School. With more classroom space, the charter school will be able to support 150 students, almost doubling its size. The renovations of the existing community center will also include the alteration of existing entrances to the building to make them handicapped accessible. This will be essential to the success of the expanded senior center, and allow those seeking the variety of services from Crispus Attucks to easily access them. Ms. Kauffman then answered a few project questions from Council.

There being no further discussion, Resolution No. 135 passed by the following vote: Yeas – Hill-Evans, Texter, Smith, Musso – 4; Nays – 0.

Resolution No. 136, Session 2008, (View) A Resolution authorizing an agreement with Atkins House to provide substance abuse counseling and treatment services and to continue its agreement with the city for medical director services which shall be provided by the Director of the York City Bureau of Health, was introduced by Musso, read at length, and on motion of Musso, seconded by Smith, Resolution No. 136 passed by the following vote: Yeas – Hill-Evans, Texter, Smith, Musso – 4; Nays – 0.

Resolution No. 137, Session 2008, (View) A Resolution authorizing a budget transfer in the total amount of $3,242.65 for the York City Human Relations Commission to cover supplies and association dues/conferences, was introduced by Smith, read at length, and on motion of Smith, seconded by Hill-Evans, Resolution No. 137 passed by the following vote: Yeas – Hill-Evans, Texter, Smith, Musso – 4; Nays – 0.

Resolution No. 138, Session 2008, (View) A Resolution authorizing a budget transfer in the total amount of $17,800 for the Police Department to cover travel expenses for officers that attended HACC for the police academy and to cover contractual and supplies/materials expenses, was introduced by Texter, read at length, and on motion of Texter, seconded by Smith, Resolution No. 138 passed by the following vote: Yeas – Hill-Evans, Texter, Smith, Musso – 4; Nays – 0.

REQUESTS FOR FUTURE MEETINGS

· Sept 9 - C.D. & P.W. Committees meeting at 7 p.m. to discuss Codorus Homes - Thackston Park Projects with Housing Authority representatives doing a presentation. (CANCELED)
· Sept 16 - General Committee meeting at 6 p.m. to hear from Matt Jackson & staff an update on the NWT project.

COUNCIL COMMENT: NONE

ADMINISTRATION COMMENT: NONE

NEXT MEETING: The next regular meeting of City Council is scheduled for September 16, 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 September 2, 2008 meeting of Council adjourned at 9:07 p.m.