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City Council Meeting Minutes

October 28, 2008

CALL TO ORDER: City Council convened in a General Committee meeting on October 21, 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 a scheduled surgery. Mayor John Brenner was not present.

GENERAL PUBLIC COMMENT: None

There being no 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 a scheduled surgery. Mayor John Brenner was not present.

Members of the Administration in attendance included: Jim Gross, Director of Public Works, and Kim Bracey, Director of Community Development. Also present was Shaleeta Washington, Assistant Solicitor. 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 Smith, to dispense with the reading of the Minutes of October7, 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

Martin Library: William Schell, Director, Martin Library, 159 E. Market St., York, PA, was onboard and presented Council with a report on the services offered by Martin Library to the York community. Mr. Schell proudly reported that 31,656 York City residents carry Martin Library cards, which accounts for 50% of Martin’s total use. Additionally, he said the library gets 240,000 visits per year, with 297,000 items borrowed and 75,000 computer uses. Since 1987, he reported that every student of the York City School District has received free memberships to use Martin Library. Additionally, 1,497 children have participated in the library’s Summer Reading Program, which is located at 13 sites through York City and has produced over 10,000 hours of reading.

Martin Library, working in collaboration with city schools and the York Housing Authority, has provided the following programs for city children and their families:

· Learning Resource Centers – Jefferson/Codorus/Wellington
· Even Start – connecting parents with student progress
· 21st Century – an after school remediation and enrichment program
· SLAM – assisting school librarians to serve students/teachers
· Homework Help – an after school program operating Thursdays for 4th – 12th graders
· Youth Empowerment – a teen forum and summit
· Migrant Education – summer reading and computer literacy
· Sports and Recreation Program – teaching writing skills for 3rd – 8th graders

Mr. Schell outlined funding sources and said it is critical for local governments to support Martin Library because local funding (municipal and county) is required for Martin Library to qualify for state funding. Mr. Schell answered several funding questions from Council.

Councilman Texter asked questions about state, county, and municipal funding aids and feels we need to consider putting up more support funds to help the library qualify for state aid. He said in prior years’ the city contributed $15,000 per year to the library; however, the city’s budget team cut that funding. Residents are afforded so much through Martin Library through their education and quality of life services and he said he supports providing them with funding.

Councilwoman Smith reiterated comments made by Councilman Texter and said she also supports funding Martin Library and feels their services are essential to the community.

Council thanked Mr. Schell for his presentation. There being no further discussion, the presentation adjourned.

Please visit Martin Library at: http://www.yorklibraries.org/Our_Libraries/Martin/martin_library.htm

COMMITTEE MEETINGS SCHEDULED: None

COMMITTEE REPORTS: None

SUBDIVISION / LAND DEVELOPMENT / HARB

Resolution No. 161, Session 2008, (View) A Resolution approving the preliminary/final reverse subdivision plan submitted by Crispus Attucks Associates, Inc. to combine two parcels of land located at 620 and 622 S. George St., was introduced by Hill-Evans, read at length, and on motion of Hill-Evans, seconded by Smith, Resolution No. 161 came up for discussion.

Kathy Conley, LSC Design, outlined the project. She said Youth Build has been working on the property, however, they found that the property shows one deed but two parcels. This reverse subdivision plan seeks to merge these parcels. They intend to maintain commercial space on the first floor, with residential units located on the 2nd floor. Council asked several questions regarding the contingencies listed in the Planning Commission’s recommendations, which Ms. Conley said were all addressed.

Councilman Texter asked which address will they use once the parcels are merged, as this distinction is vital for emergency response and postal delivery. Ms. Conley said they have not quite decided, however, they are leaning toward using the 620 S. George St. address.

There being no further discussion, Resolution No. 161 passed by the following vote: Yeas – Hill-Evans, Texter, Smith, Musso – 4; Nays – 0.

Resolution No. 162, Session 2008, (View) A Resolution accepting the recommendations of HARB in issuing a permit to Mary & Larry Homsher for work to be done at 426 W. Market St. (rear); William & Ports Architects for work to be done at 48 N. Beaver St.; Jeff Christiansen for work to be done at 113 S. Queen St.; and CODO 241 LP for work to be done at 251 N. George St., was introduced by Hill-Evans, read at length, and on motion of Hill-Evans, seconded by Texter, Resolution No. 162 passed by the following vote: Yeas – Hill-Evans, Texter, Smith, Musso – 4; Nays – 0.

CONSENT AGENDA

Introduction of Bill No. 47, Session 2008, (View) A Bill vacating as a public street right-of-way, a portion of Lustig Lane between W. Maple St. and Lake Ave., in the 8th Ward of the City of York, was introduced by Hill-Evans, read by short title, and deferred until a future meeting of Council.

President Musso announced that in accordance with Section 2916 of the 3rd Class City Code, street vacations must be advertised for at least 3 consecutive weeks prior to consider of final passage. Therefore, this Bill will be considered for final passage at Council’s November 18th meeting. Additionally, the Bill will only pass if approved by at least four members of Council.

Introduction of Bill No. 48, Session 2008, (View) A Bill amending the 2008 Budget by appropriating additional revenue in the amount of $2,000 for the York City Police Dept.’s Summer Bowling Program as awarded by DCED, was introduced by Texter, read by short title, and deferred until a future meeting of Council. Projected date for consideration of adoption is slated for November 5, 2008.

Introduction of Bill No. 49, Session 2008, (View) A Bill amending the 2008 Budget by appropriating revenue and expenditures for the PA Commission on Crime and Delinquency (PCCD) Weed & Seed Program 2008-2009, in the amount of $182,000, in three separate grants: Micro-Enterprise for $23,000; Quality of Life for $84,000; and Delinquency Prevention for $75,000, was introduced by Hill-Evans, read by short title, and deferred until a future meeting of Council. Projected date for consideration of adoption is slated for November 5, 2008.

FINAL PASSAGE OF BILLS / RESOLUTIONS

Final Passage of Bill No. 45, Ordinance No. 43, Session 2008, (View) A Bill amending the 2008 Budget by appropriating revenue and expenditures in the amount of $3,000 for matching funds for the York City Police Department’s PA Liquor Control Board (PLCB) grant, which will be used to help reduce underage drinking in York City, which was introduced by Texter at the October 7th meeting of Council, and read by short title, came up for final passage. On motion of Texter, seconded by Smith, Bill No. 45, Ordinance No. 43, passed by the following vote: Yeas – Hill-Evans, Texter, Smith, Musso – 4; Nays – 0.

Final Passage of Bill No. 46, Ordinance No. 44, Session 2008, (View) A Bill amending the 2008 City Budget to reflect changes resulting from unallocated CDBG funds and an actual HOME funding award, which was introduced by Ray at the October 7th meeting of Council, and read by short title, came up for final passage. On motion of Hill-Evans, seconded by Texter, Bill No. 46 came up for discussion.

Motion to amend. Director Kim Bracey said the short title incorrectly reads that this amendment is amending the 2008 Annual Action Plan, when in fact it is amending the 2008 Budget, not the Action Plan. Therefore, she asked if Council would amend the language. Council agreed. Therefore, a motion was made by Texter, seconded by Hill-Evans, to amend the short title to read “Amending the 2008 Budget” and strike “2008 Annual Action Plan”. The motion to amend passed by the following vote: Yeas – Hill-Evans, Texter, Smith, Musso – 4; Nays – 0.

Director Bracey then outlined the amendments to the Budget. She explained that this amendment includes entitlement funds from CDBG in the amount of $130,000, which will be allocated to Micro-Enterprise (Friends Salon), sidewalk improvements, and program delivery activities. Additionally, this amendment reflects a decrease in funding for Police Patrols in the amount of $53,476, which will be transferred to Police Codes. Lastly, the HOME Budget is being amended, as funds received were less than the budgeted amount for administrative costs.

President Musso asked for more information on the Micro-Enterprise allocation of $35,000. Director Bracey apologized that she didn’t have more information to provide Council, however, she did say these funds will be used to fund job creation at Friends Salon and façade and structural improvements to the building. President Musso said he is very concerned that $35,000 is being appropriated for an employee at a beauty salon. Director Bracey responded that these allocations are based on the 5-year plan and what the community asked for in their neighborhood.

Tom Foust, Vice-President, York City School Board, shared that the school district will be establishing a program to help business owners prepare a financial plan as they were finding out that many of their contractors were ill-prepared when it came to preparing a budget portfolio and plan.

President Musso teetered with the thought of tabling final passage of Bill No. 46 until he received more information on the Micro-Enterprise allocation.

Gary Turner, 1201 S. Pine St., York, PA, asked Council to consider tabling Bill No. 46 until President Musso’s concerns are addressed. He then questioned the decrease in police patrols as the city’s crime has increased drastically. He stated that we are dealing with three shootings in one week and he is appalled that funds are being transferred from police patrols to police codes (nuisance abatement program).

Director Bracey explained that the transfer is being done because there has been a high number of nuisance complaints that must be processed and funds are needed to cover the expenses associated with processing those complaints. Director Bracey said this amendment has been on public display since September 12, 2008 and she’s concerned that issues are just being brought to the table.

Director Bracey answered more questions from Council regarding reallocations. After hearing discussion, President Musso said he would accept Director Bracey’s comments and will move forward with consideration of passage as long as Director Bracey provides him with the Micro-Enterprise budget plan for the $35,000 allocation. Director Bracey said she would provide more information to Council.

There being no further discussion, Bill No. 46, Ordinance No. 44, as amended, passed by the following vote: Yeas – Hill-Evans, Texter, Smith, Musso – 4; Nays – 0.

NEW BUSINESS

Resolution No. 163, Session 2008, (View) A Resolution amending the 2008 Annual Action Plan to include entitlement funds from CDBG in the amount of $130,000, which will be allocated to Micro-Enterprise (Friends Salon), sidewalk improvements, and program delivery activities. Additionally, this amendment reflects a decrease in funding for Police Patrols in the amount of $53,476, which will be transferred to Police Codes. Lastly, the HOME Budget is being amended, as funds received were less than the budgeted amount for administrative costs. The Resolution was introduced by Hill-Evans, read at length, and on motion of Hill-Evans, seconded by Smith, Resolution No. 163 passed by the following vote: Yeas – Hill-Evans, Texter, Smith, Musso – 4; Nay – 0. (Note: As Resolution No. 163 is directly related to Bill No. 46, Ordinance No. 43, discussion on that legislation was considered as part of Bill No. 46, Ordinance No. 43.)

Resolution No. 164, Session 2008, (View) A Resolution awarding a contract to Stewart & Tate, Inc. for equipment rental to be used in performing various city operations on an as-needed basis, was introduced by Smith, read at length, and on motion of Smith, seconded by Hill-Evans, Resolution No. 164 came up for discussion.

Director Gross explained that this is a standard equipment contract that will cover the rental of heavy equipment to be used during heavy snowfall.

There being no further discussion, Resolution No. 164 passed by the following vote: Yeas – Hill-Evans, Texter, Smith, Musso – 4; Nay – 0.

Resolution No. 165, Session 2008, (View) A Resolution extending a contract between the City of York and Inside-Out Consulting (IOC) for special event consulting and coordination services, was introduced by Smith, read at length, and on motion of Smith, seconded by Hill-Evans, Resolution No. 165 came up for discussion.

Kim Walsh, Director, Inside-Out Consulting, and Kelly Gibson, Inside-Out Consulting, presented Council with a Special Events Accomplishment Report for the period of December 2007 through October 2008. The report included fundraising events, special events logistics, advertising, and public relations outcomes. Ms. Walsh then outlined some of the special events projects, which included Light Up Night 2007, New Year’s Revolution 2008, Olde York Street Fair, Box Lunch Revue Concert Series, York Patriot Days, and Yorkfest Arts Festival. To date, Ms. Walsh reported that they have been able to raise $143,797 toward funding special events projects.

Ms. Walsh and Ms. Gibson answered contractual questions from Council. Council complimented Inside-Out Consulting on a job well done.

There being no further discussion, Resolution No. 165 passed by the following vote: Yeas – Hill-Evans, Texter, Smith, Musso – 4; Nays – 0.

Resolution No. 166, Session 2008, (View) A Resolution approving a budget transfer for the Fire Dept. in the amount of $10,000 and the Public Works Dept. in the amount of $10,000 to cover increased gas and fuel costs, was introduced by Smith, read at length, and on motion of Smith, seconded by Texter, Resolution No. 166 passed by the following vote: Yeas – Hill-Evans, Texter, Smith, Musso – 4; Nays – 0.

Resolution No. 167, Session 2008, (View) A Resolution authorizing acceptance of a DCED grant in the amount of $350,000 for construction of six residential properties in the 200 block of E. Prospect St. in Olde Towne East, an Elm Street neighborhood (to be constructed by Habitat for Humanity), was introduced by Hill-Evans, read at length, and on motion of Hill-Evans, seconded by Texter, Resolution No. 167 came up for discussion.

Director Bracey outlined that in 2006, the city submitted a grant application to DCED for $350,000 for the prevention and elimination of blight in Olde Towne East. The grant would be used for construction of six (6) residential properties in the 200 block of E. Prospect St., which is located in Olde Towne East. The grant was awarded and this Resolution is authorizing its acceptance.

There being no further discussion, Resolution No. 167 passed by the following vote: Yeas – Hill-Evans, Texter, Smith, Musso – 4; Nays – 0.

Resolution No. 168, Session 2008, (View) A Resolution authorizing the execution of a cooperation agreement between the City of York and Habitat for Humanity for administration of a $350,000 DCED grant award to be used to construct six (6) residential properties in the 200 block of E. Prospect St. located in Olde Towne East (an Elm Street Neighborhood), was introduced by Hill-Evans, read at length, and on motion of Hill-Evans, seconded by Texter, Resolution No. 168 came up for discussion.

Director Bracey explained that this cooperation agreement goes along with acceptance of the $350,000 DCED grant. This agreement outlines the responsibilities of the City (grantee) and Habitat for Humanity (sub-recipient) with regard to the administration of grant funds.

There being no further discussion, Resolution No. 168 passed by the following vote: Yeas – Hill-Evans, Texter, 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 Wednesday, November 5, 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. (Note: The meeting is being held on Wednesday instead of Tuesday in observance of Tuesday’s General Election.)

ADJOURNMENT: There being no further business, the October 21, 2008 meeting of Council adjourned at 8:49 p.m.