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City Council Meeting Minutes

September 16, 2008

CALL TO ORDER: City Council convened in a General Committee meeting on September 16, 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, Toni Smith, Carol Hill-Evans, Vice President, and Joseph R. Musso, President, with President Musso presiding. Councilman Cameron Texter was not present due to a previously scheduled family event. Mayor John Brenner was not present.

GENERAL PUBLIC COMMENT

Charlotte Bergdoll, Cherry Lane Realty, 515 W. Market St., York, PA, opined that candidates running for municipal office should make it a point to attend Council meetings to keep abreast of what’s going on in the community. Next, Ms. Bergdoll said someone is housing ducks and roosters at 505 W. Market St. and she wanted to know who she should contact to report this. President Musso said he send Ms. Bergdoll’s complaint to Mayor Brenner.

June Shauk, 835 Linden Ave., York, PA, said she missed the celebration commemorating the Avenues 125th birthday and 25th anniversary of being on the National Register of Historic Places. She said she watched the September 2nd Council meeting but didn’t catch the information on when, where and what time the celebration was being held. Councilwoman Ray said it was a wonderful celebration and was held on September 12th from 5-8 p.m. at 577 Linden Ave. She said she was sorry that Ms. Shauk missed the festivities.

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: Kim Bracey, Director of Community Development, Matt Jackson, Director of Economic Development, John Senft, Fire Chief, and Randy Helt, Director of Human Resources. Also present was Shaleeta Washington, Assistant Solicitor. Jim Gross, Director of Public Works, 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 Smith, seconded by Hill-Evans to dispense with the reading of the Minutes of September 2, 2008, and approve them as written. The motion passed by the following vote: Yeas – Ray, Hill-Evans, Smith, Musso – 4; Nays – 0.

Correspondence and Announcements: President Musso read correspondence and announcements.

PRESENTATIONS

Vice President Hill-Evans read a proclamation recognizing and congratulating the Rev. Dr. Vincent N. Meekins, Jr. as the newly appointed Pastor of Small Memorial A.M.E. Zion Church. (Proclamation)

COMMITTEE MEETINGS SCHEDULED

Sept 16 - General Committee meeting scheduled for 6 p.m. in Council Chambers to hear from Matt Jackson & staff an update on the NWT project.

COMMITTEE REPORTS

Sept 9 – The Community Development & Public Works joint committee meeting scheduled for 7 p.m. on September 9th to discuss the Codorus Homes - Thackston Park Project with Housing Authority members was cancelled as discussions continue.

Sept 16 – A General Committee meeting was held at 6 p.m. this evening in Council Chambers to hear from Matt Jackson & staff an update on the NWT project. Director Jackson outlined the 2009-2010 Northwest Triangle Project which will, in part, boast 85,000 square feet of commercial space, 300+ new and retained, family-sustaining jobs (by 2010), 80-125 residential townhouses, over 200 new downtown residents, and townhouses and condos that will be market-rate, owner-occupied. He also discussed the citywide Artist Homestead Program, which is a $50,000 financial and amenity incentive for artists to purchase a home and live-above-work investment opportunity program.

SUBDIVISION / LAND DEVELOPMENT / HARB

Resolution No. 139, Session 2008, (View) A Resolution approving the preliminary/final land development plan submitted by the York City Redevelopment Authority to redevelop the former Thomas Somerville property, located at 320 N. George St., was introduced by Ray, read at length, and on motion of Ray, seconded by Hill-Evans, Resolution No. 139 came up for discussion.

Rob Kinsley, Kinsley Construction, and Kathy Connelly, LSC Design, were onboard and explained the project. The project area is located directly across from the Sovereign Bank Baseball Stadium on the corner of N. George St. and Arch St. and will include renovation of the area in an effort to restore it to a commercial use space. Mr. Kinsley then outlined the design aesthetics being proposed for the inside of the facility as well as the façade and grounds. He shared with Council various space leasing options and thoughts on extending the rail trail on the north side of the project area. Mr. Kinsley and Ms. Connelly then answered project design and space leasing questions from Council.

There being no further discussion, Resolution No. 139 passed by the following vote: Yeas – Ray, Hill-Evans, Smith, Musso – 4; Nays – 0.

Resolution No. 140, Session 2008, (View) A Resolution approving the preliminary/final reverse subdivision plan submitted by 914 West, Inc. to combine two parcels of land located at 914 W. Market St., was introduced by Ray, read at length, and on motion of Ray, seconded by Hill-Evans, Resolution No. 140 came up for discussion.

Patty Fisher, James Holly & Associates, was present and explained the project. She said 914 West, Inc. now owns the former York Bank structure and they would like to combine this property with their existing property. She said they do not have any special plans for the former York Bank structure at this time. Should construction plans come to fruition, she said, James Holly & Associates would then present land development plans to Council for consideration.

There being no further discussion, Resolution No. 140 passed by the following vote: Yeas – Ray, Hill-Evans, Smith, Musso – 4; Nays – 0.

Resolution No. 141, Session 2008, (View) A Resolution accepting the recommendations of HARB in issuing a certificate of appropriateness for work to be covered in the applications filed by Murphy Dittenhafer Architects for work to be done at 1 S. George St.; Catherine King for work to be done at 29 & 29 ½ N. Hartley St.; Gary Poe for work to be done at 243 W. King St.; Beth & Brian Sterner and Amy Meyers, LSC Design, for work to be done at 369 E. Market St.; and York Preservation Partners, LP & Olde York Homes, for work to be done at 900 S. George St., was introduced by Smith, read at length, and on motion of Smith, seconded by Hill-Evans, Resolution No. 141 passed by the following vote: Yeas – Ray, Hill-Evans, Smith, Musso – 4; Nays – 0.

SUPPLEMENTAL AGENDA

Motion to waive Rule 215: A motion was made by Smith, seconded by Musso, to waive the provisions of Resolution No. 215 of Session 1969 to permit consideration of a Supplemental Agenda containing one Resolution. The motion passed unanimously. Therefore, Resolution No. 142 was entertained for consideration of passage.

Resolution No. 142, Session 2008, (View) A Resolution establishing a list of fees in accordance with Article 1729 “Vacant Property Registration” of the York City Codified Ordinances, was introduced by Musso, read at length, and on motion of Musso, seconded by Smith, Resolution No. 142 came up for discussion.

Fire Chief Senft said they have researched the time and effort involved with administration of the vacant property ordinance and determined that the city’s approximate hourly operating cost for 2009 would be about $62.01 per hour. If this were rounded upward to reflect a mid-year increase cost of operations, it would seem reasonable to charge a flat fee of $65.00 per building, per year for the administrative costs involved with the registration of a vacant building. In addition to the cost of registration, we expect the average inspection would take about two hours. This would make the inspection fee $130.00 per year, per building. This fee would include the initial inspection and one re-inspection. He said second and subsequent re-inspections would be charged at $65.00 each.

President Musso explained that Article 111.10 of the Codified Ordinances mandates that fee legislation must sit for at least one meeting prior to consider of final passage. Therefore, Resolution No. 142 will be considered for passage at Council’s October 7th meeting.

CONSENT AGENDA

Introduction of Bill No. 43, Session 2008, (View) A Bill amending the 2008 Budget for Public Works to appropriate additional expenditures in the amount of $95,000 to cover gas & diesel fuel expenses, was introduced by Smith, read by short title, and deferred until the October 7th meeting of Council.

Introduced of Bill No. 44, Session 2008, (View) A Bill amending Article 951 “Municipal Solid Waste Management Act” of the Codified Ordinances to include the definition of “leaf waste”, was introduced by Smith, read by short title, and deferred until the October 7th meeting of Council.

FINAL PASSAGE OF BILLS / RESOLUTIONS

Pulled from the Agenda: Agenda Item #6, Final Passage of Bill No. 40 - A Bill amending Article 1751 “Nuisance Abatement” to update language (View), was pulled from the Agenda and will appear on Council’s October 7th agenda for consideration of final passage. The Bill was pulled as Councilman Texter was not present this evening and requested participation in consideration of Bill No. 40’s passage.

Final Passage of Bill No. 42, Ordinance No. 39, Session 2008, (View) A Bill amending the 2008 Budget for the Human Relations Commission to appropriate additional revenue in the amount of $8,500 for a Fair Housing Assistance Program Grant, which was introduced by Hill-Evans at the September 2nd meeting of Council, and read by short title, came up for final passage. On motion of Hill-Evans, seconded by Ray, Bill No. 42, Ordinance No. 39, passed by the following vote: Yeas – Ray, Hill-Evans, Smith, Musso – 4; Nays – 0.

NEW BUSINESS

Resolution No. 143, Session 2008, (View) A Resolution authorizing a budget transfer for the Bureau of Housing Services in the amount of $50,000 to cover expenses associated with the First Time Home Buyers Program, was introduced by Ray, read at length, and on motion of Ray, seconded by Hill-Evans, Resolution No. 143 came up for discussion.

Director Kim Bracey explained that no additional monies are being appropriated for this program. This amendment is being done as a house cleaning measure as the funds were inadvertently put into the wrong account and they are merely transferring these funds into the appropriate line item.

There being no further discussion, Resolution No. 143 passed by the following vote: Yeas – Ray, Hill-Evans, Smith, Musso – 4; Nays – 0.

Resolution No. 144, Session 2008, (View) A Resolution approving the International Brotherhood of Electrical Workers (IBEW) Local 229 Union Contract for years 2004-2012, was introduced by Hill-Evans, read at length, and on motion of Hill-Evans, seconded by Ray, Resolution No. 144 came up for discussion.

HR Director Randy Helt explained that the IBEW has been working without a contract since December 31, 2003, as negotiations were ongoing. He said several mediation sessions with a state moderator were held between the City and the IBEW, with this contract being the final agreement. He highlighted some portions of the agreement such as health insurance, which included an increase in employee contributions, and the new salary structure. Director Helt then answered questions from Council regarding pension contributions and insurance premiums.

There being no further discussion, Resolution No. 144 passed by the following vote: Yeas – Ray, Hill-Evans, Smith, Musso – 4; Nays – 0.

Resolution No. 145, Session 2008, (View Resolution) (View Plan) A Resolution approving the York County Hazard Mitigation Plan as an official planning instrument subject to implementation by participating governments and entities, was introduced by Ray, read at length, and on motion of Ray, seconded by Hill-Evans, Resolution No. 145 came up for discussion.

Chief Senft stated that this plan was prepared by the York County Planning Commission and is a plan that systematically identifies policies, actions, and tools that can be used to implement actions to reduce or eliminate long-term risk to life and property from a hazardous event. He said this is a 550 page document and can be found on the York County Planning website (www.ycpc.org) (View Plan). Chief Senft and members of Council applauded the work of all who participated in preparing this plan as it involved a lot of teamwork, long hours, and intense preparation.

There being no further discussion, Resolution No. 145 passed by the following vote: Yeas – Ray, Hill-Evans, Smith, Musso – 4; Nays – 0.

Motion for consent agenda: A motion was made by Ray, seconded by Smith, to consider Agenda Items 11 & 12 (Resolution No.’s 146 & 147) as a consent agenda. The motion passed unanimously. Therefore, Resolution No.’s 146 & 147 were introduced by consent.

Resolution No. 146, Session 2008, (View) A Resolution approving the purchase of two (2) Pierce Velocity 1500 gallon per minute pumpers and one (1) Pierce Arrow XT 100’ Aerial Platform for use by the Fire Department, which said purchase shall be made through PA State Costars Contract #13-016, and purchased from Pierce Manufacturing out of Appleton, WI, for the total purchase price of $1,925,641.00, was introduced by Ray, and read at length.

Resolution No. 147, Session 2008, (View) A Resolution approving the purchase of new fire apparatus and loose equipment, which said purchase shall be made through PA State Costars Contract #12-001, and purchased from Moul Enterprises out of Abbottstown, PA, for the total purchase price of $312,551.00, was introduced by Ray, and read at length.

On motion of Ray, seconded by Smith, Resolution No.’s 146 and 147 came up for discussion.

Chief Senft explained that initially Council supported funding this purchase during last year's budget adoption process. This year, he said, we are planning to replace a 1962 and 1972 fire engine and a 1976 ladder truck. The planned purchase will be done through the Pennsylvania COSTARS state contract purchase plan. Business Administrator Michael O'Rourke is currently working on financing options. Council’s approval is being requested, as the current State contract will expire September 30. He said these Resolutions would merely authorize them to place an order and that financing Resolutions would come before Council at a future meeting.

Council questioned funding and procurement options. President Musso expressed extreme concern with how these purchases would be funded and said he didn’t want to lock the city into any purchase agreement if funding wasn’t secured. Chief Senft said though he would not support pulling these purchases off the table, Council certainly has the option to so should funding become an issue. However, he did assure Council that Resolution No.’s 146 & 147 are only authorizing an order to be placed and that Council will be given an opportunity to approve or deny the actual funding of these purchases at a later date.

There being no further discussion, Resolution No.’s 146 and 147 passed by the following vote: Yeas – Ray, Hill-Evans, Smith, Musso – 4; Nays - 0.

REQUESTS FOR FUTURE MEETINGS: NONE

COUNCIL COMMENT: NONE

ADMINISTRATION COMMENT: NONE

NEXT MEETING: The next regular meeting of City Council is scheduled for Tuesday, October 7, 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 16, 2008 meeting of Council adjourned at 8:36 p.m.