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City Council Meeting Minutes

December 2, 2008

CALL TO ORDER: City Council convened in a General Committee meeting on December 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: 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: NONE

There being no public comment, President Musso adjourned the General Committee meeting and reconvened the Fire Committee meeting which began at 6:00 p.m. in Council Chambers to continue discussion on Bill No. 56 (View) – A Bill amending Article 149 “Fire Department” to establish the Bureau of Fire Prevention; and Bill No. 57 (View) – A Bill amending Article 1501 “Standard Adopted” of the Fire Code to update language to make it consistent with current laws and regulations.

President Musso then adjourned the Fire Committee meeting and convened 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: Jim Gross, Director of Public Works, and Kim Bracey, Director of Community Development. Also present was Don Hoyt, 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 Hill-Evans, to dispense with the reading of the Minutes of November 18, 2008, and approve them as written. The motion passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Correspondence and Announcements: President Musso read correspondence and announcements.

PRESENTATIONS:

Certificate Presentation: Carol Moore, Principal, Devers Elementary School, was onboard to present Councilwoman Toni Smith, Police Commissioner Mark Whitman, Public Works Director Jim Gross, and Highway Superintendent Al Hykes with a certificates thanking them for their participation in the Devers Area traffic calming measure. She explained that a student had been hit by a car next to the school because of the terrible traffic patterns and lack of pedestrian crossing signs. She said that these individuals took the lead and kicked into action and within a matter of days, traffic flow was redirected, fluorescent walkway cones were put into place, and traffic signs were installed. She thanked each city official for their role in making the school grounds safer for our children. Commissioner Whitman and Superintendent Hykes were unable to attend this evening’s meeting so Principal Moore said she would be sure they received their certificates.

“Just One” Anti-DUI Program: Police Officer Ritchie Blymier was in attendance to introduce the “Just One” Anti-DUI program. He explained that the program, still in its infancy, was created to increase the level of safe and responsible driving, and to work toward the elimination of impaired driving by increasing the level of DUI enforcement training and DUI prevention & awareness in and around the City of York. The program includes DUI roving patrols during major holidays and on Friday & Saturdays from 10 p.m. to 4 a.m., recruitment and training of additional officers in sobriety testing, and outreach programs through the school district, York College, Penn State York and local media outlets. Officer Blymier said funding will be sought through federal, state, and local grants as well as city, county, and judicial sponsorships. Officer Blymier then introduced Jennifer Fredriksen, who created the winning design promoting impaired driving awareness in a competition among area college students.

Jennifer Fredriksen, a York College Sophomore, and designer of the “Just One” logo shared with Council her vision of the “Just One” initiative, which was the inspiration of her design. She explained that it takes just one call to find that one ride that can save that one life.

Officer Blymier said about 30 restaurants have agreed to serve water bottles featuring the “Just One” logo created by Ms. Fredriksen. He said Yowza Pure Spring Water, which is owned by York-based Shipley Energy, is producing the bottles. He said hopefully the bottles will stir discussion about driving responsibly.

Council applauded Officer Blymier for this initiative and congratulated Ms. Fredriksen on her wining design. A brief discussion ensued about program outcomes, longevity, future endeavors, and funding.

COMMITTEE MEETINGS SCHEDULED:

Council Budget Meetings: (Meetings to be held in Council Chambers beginning 6:30 p.m. each evening)
· Thursday, December 4, 2008 – Public Works and Economic Development
· Tuesday, December 9, 2008– Solicitor’s Office, and the Police and Fire Departments
· Public Testimony will be received each evening at the conclusion of all presentations

Police Committee, Cameron Texter, Chair: Meeting scheduled for Tuesday, January 13, 2009 at 7:00 p.m. in Council Chambers to discuss Bill No. 58 (View) – A Bill amending Article 725 “Firearms & Weapons” to establish regulations for failure to report lost or stolen firearms.

COMMITTEE REPORTS

Fire Committee, Genevieve Ray, Chair: Councilwoman Ray reported that Council met this evening at 6:00 p.m. in Council Chambers to discuss Bill No. 56 (View)– A Bill amending Article 149 “Fire Department” to establish the Bureau of Fire Prevention; and Bill No. 57 (View) – A Bill amending Article 1501 “Standard Adopted” of the Fire Code to update language to make it consistent with current laws and regulations. She explained that confusion exists surrounding enforcement powers and applicability in that lines are blurred with regard to the distinction of the duties of the Fire Chief and the Building Code Official in administering the building and fire codes. Councilwoman Ray stated that contractors have expressed concern about conflicting ordinances in that one city official will interpret an ordinance one way, while another official will interpret the ordinance in a completely different way…not to mention that some building code and fire code laws are inconsistent and obsolete. She did say that committee members could not resolve in detail the issues surrounding the building and fire codes but said that the committee did recommend releasing both Bills from committee for consideration at Council’s December 16th meeting. With that said, a motion was made by Texter, seconded by Hill-Evans, to release Bill No. 56 and 57 from the Fire Committee to appear on Council’s December 16th agenda. The motion passed unanimously. Therefore Bill No. 56 and 57 will appear on Council December 16th legislative agenda for consideration of final passage.

SUBDIVISION / LAND DEVELOPMENT / HARB

Resolution No. 181, Session 2008, (View) A Resolution accepting the recommendations of HARB in issuing a permit to Paul Naugle, Servpro of North York, for work to be done at 313 E. Princess St., was introduced by Hill-Evans, read at length, and on motion of Hill-Evans, seconded by Texter, Resolution No. 181 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Resolution No. 182, Session 2008, (View) A Resolution approving the preliminary/final subdivision plan submitted by Trinity United Church of Christ of York, PA, to move a property line between two parcels of land located at Greenmount Cemetery on Carlisle Ave., was introduced by Ray, read at length, and on motion of Ray, seconded by Texter, Resolution No. 182 came up for discussion.

Council briefly discussed possible future land development plans. Councilwoman Ray expressed concern that by transferring 16.32 acres from the cemetery’s property to property owned by Capital Self Storage of West York, could eventually result in storage units being developed on that parcel of land. As this is a RS1 district, such a development would not be allowed under the Planning and Zoning Code.

Jerry Przystup, project representative, reminded Council that this action is to approve a subdivision plan and that if any land development plans are to be considered, they would follow the requirements of the P&Z code.

Councilwoman Ray said she would vote against this subdivision because of her previously noted concerns.

There being no further discussion, Resolution No. 182 passed by the following vote: Yeas – Hill-Evans, Texter, Smith, Musso – 4; Nays – Ray – 1.

CONSENT AGENDA

Introduction of Bill No. 59, Session 2008, (View) A Bill amending the 2008 Budget by appropriating revenue and expenditures in the amount of $15,000 for purchase of a staff vehicle for use by the Fire Dept., was introduced by Ray, read at length, and deferred until the December 16th meeting of Council.

FINAL PASSAGE OF BILLS / RESOLUTIONS

Final Passage of Bill No. 55, Ordinance No. 49, Session 2008, (View) A Bill amending the 2008 Budget by appropriating revenue and expenditures in the amount of $1,601.40 for subsequent funding received for the Weyer Trust account, which was introduced by Ray at the November 18th meeting of Council and read by short title, came up for final passage. On motion of Ray, seconded by Smith, Bill No. 55, Ordinance No. 49, passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

NEW BUSINESS

Resolution No. 183, Session 2008, (View) A Resolution authorizing an agreement with CellCo Partnership d/b/a Verizon Wireless for installation of a cell tower at Allen Park located near the intersection of Tremont and Hay Streets, was introduced by Smith, read at length, and on motion of Smith, seconded by Texter, Resolution No. 183 came up for discussion.

Director Gross explained that this is a revenue producing agreement and will not affect any activities at the park. He then answered specific questions from Council regarding tower height and exact location.

There being no further discussion, Resolution No. 183 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Resolution No. 184, Session 2008, (View) A Resolution authorizing a budget transfer in the amount of $15,000 for the Bureau of Highway and Fleet for purchase of road salt in preparation of the 2008-2009 winter season, was introduced by Smith, read at length, and on motion of Smith, seconded by Texter, Resolution No. 184 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Resolution No. 185, Session 2008, (View) A Resolution authorizing a budget transfer in the amount of $15,000 for the Bureau of Health to cover contractual obligations and to cover gas and heating fuel costs, was introduced by Ray, read at length, and on motion of Hill-Evans, seconded by Texter, Resolution No. 185 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Resolution No. 186, Session 2008, (View) A Resolution authorizing an agreement with ARMAR, Inc. d/b/a White Rose Ambulance for emergency response services for the period of January 1, 2009 through December 31, 2013 in the amount of $70,000 per year to be paid from the Weyer Trust and General Fund accounts, was introduced by Ray, read at length, and on motion of Ray, seconded by Smith, Resolution No. 186 came up for discussion.

Councilman Texter spoke in favor of this contract pointing out that the dollar amount is the same as the previous 5-year contract.

Councilwoman Smith expressed concern about the costs associated with ambulance services. She said she feels the community, especially our residents on fixed incomes, may be better served if we give this duty back to the Fire Department as the cost of ambulance transportation is hurting our residents financially.

Director Bracey stated that we are lucky to have this contract in that White Rose Ambulance has not increased their fare from the prior years’ contract and when coupled with the great relationship the city has had with them, she feels this is a responsible contract.

There being no further discussion, Resolution No. 186 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

REQUESTS FOR FUTURE MEETINGS

Council Budget Meetings: (Meetings to be held in Council Chambers beginning 6:30 p.m. each evening)

· Thursday, December 4, 2008 – Public Works and Economic Development
· Tuesday, December 9, 2008– Solicitor’s Office, and the Police and Fire Departments
· Public Testimony will be received each evening at the conclusion of all presentations

General Committee Meeting: Scheduled for Tuesday, December 16, 2008 at 6:00 p.m. in Council Chambers to hear from General Authority Solicitor Stacey McNeal information related to financing proposals received for the E. Market St. garage renovation project.

Police Committee, Cameron Texter, Chair: Meeting scheduled for Tuesday, January 13, 2009 at 7:00 p.m. in Council Chambers to discuss Bill No. 58 (View) – A Bill amending Article 725 “Firearms & Weapons” to establish regulations for failure to report lost or stolen firearms.

COUNCIL COMMENT

Councilman Texter announced that Council is in receipt of the 2007 audit of financial statements (year ending Dec. 31, 2007) and stated that he would like to recommend that Council consider scheduling a general committee meeting to hear from Maillie, Falconiero & Co., the city’s auditing firm, a detailed presentation regarding their recommendations and findings. Council agreed and a meeting date will be scheduled at a later time. Council did agree to try to schedule said meeting prior to consideration of final passage of the 2009 Budget.

ADMINISTRATION COMMENT: None

NEXT MEETING: The next regular meeting of City Council is scheduled for December 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 December 2, 2008 meeting of Council adjourned at 8:18 p.m.