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City Council Meeting Minutes

January 21, 2009

CALL TO ORDER: City Council convened in a General Committee meeting on Wednesday, January 21, 2009 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 Texter was absent during public comment due to a prior engagement but is expected to attend later this evening. Mayor John Brenner was not present. (Note: The Council meeting was held on Wednesday instead of Tuesday because a quorum would not have been met for the Tuesday Council meeting.)

GENERAL PUBLIC COMMENT

Franklin Williams, 528 W. Market St., York, PA, expressed concern over hearing that the police department rejected 20 deputies who applied for probationary police officers from the Sheriff’s department.

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 (Texter onboard at 7:10 p.m.), , 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, and Mark Whitman, Police Commissioner. Also present was Shaleeta Washington, Assistant Solicitor. Matt Jackson, Director of Economic Development, 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: Led by Jane Heller, 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 January 6, 2009, and approve them as written. The motion passed by the following vote: Yeas – Ray, Hill-Evans, Smith, Musso – 4; Nays – 0. (Texter was absent during the vote on the Minutes.)

Correspondence and Announcements: President Musso read correspondence and announcements.

PRESENTATIONS:

Jane Heller, Humane Society, was onboard to discuss the feral and stray cat population in York County. She explained that the city is ramped with stray and feral cats and stated that this situation needs to be controlled before it gets out of hand. Two seminars will be held to discuss this concern, which will take place on March 19, 2009 at 7p.m. at United Methodist Church and March 25, 2009 at 7p.m. at Calvary Methodist Church. She said the seminars will be used to debate management of stray and feral cats and to promote the idea of capturing and spaying instead of euthanasia. The public is invited to attend.

President Musso thanked Ms. Heller for her presentation but explained that Council does not support housing colonies of stray and feral cats but that they do understand and support education to better manage the situation.

COMMITTEE MEETINGS SCHEDULED

General Committee – Joseph R. Musso, Chair: Meeting scheduled for Tuesday, February 3, 2009 at 6:00 p.m. in Council Chambers to hear from Michael Gibson, Chairman of the York City Human Relations Commission (YCHRC) and other members of the YHRC, discussion on the direction, mission and goals of the YCHRC.

COMMITTEE REPORTS

Police Committee - Cameron Texter, Chair: Councilman Texter reported that a Police Committee meeting was held on 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 heard from members of Ceasefire PA and the Mayor of Reading reasoning supporting said legislation and received public testimony in favor of and in opposition against the legislation. Council debated and discussed the Bill at length and committee members voted the legislation out of committee for consideration of final passage at tonight’s meeting. Councilman Texter reserved further comment until consideration of passage of Bill No. 58.

SUBDIVISION / LAND DEVELOPMENT / HARB

Resolution No. 8, Session 2009, (View) A Resolution approving the final subdivision plan submitted by John T. Semmel to combine four parcels of land along the 800 block of E. Market St. into three parcels, was introduced by Ray, read at length, and on motion of Ray, seconded by Smith, Resolution No. 8 came up for discussion.

Joshua George and John Semmel where in attendance and outlined the subdivision plan. They explained that they are proposing to create three parcels from four existing parcels as follows:

Existing:
12-373-7-10: Single-family detached dwelling at front and parking lot at rear
12-373-7-11: Single-family detached dwelling at front and aisle for parking lot at rear
12-373-7-12 (Tracts 4 & 5): Funeral home at front and parking lot at rear
12-373-7-14 (Tracts 1&3): Funeral home at front and parking lot at rear

This lot line adjustment will “clean up” the parcels by placing each of the two single- family dwellings on their own parcel and the funeral home on its own parcel with its accessory parking
lot as follows:

Proposed:
A) Single-family detached dwelling
B) Single-family detached dwelling
C) Funeral home with parking lot

An access easement will be granted to parcels A and B so that they can access their rear parking areas from East Clarke Avenue through the adjoining parking lot.

There being no further discussion, Resolution No. 8 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Resolution No. 9, Session 2009, (View) A Resolution accepting the recommendations of HARB in issuing a certificate of appropriateness to Lance Dunbar, Kohr-Gerlach, Inc., for work to be done at 48 N. Beaver St., was introduced by Smith, read at length, and on motion of Smith, seconded by Hill-Evans, Resolution No. 9 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith – 4; Nays – 0; Abstained – Musso – 1. President Musso said he abstained his vote as he has had prior business dealings with the applicant.

CONSENT AGENDA

Introduction of Bill No. 2, Session 2009, (View) A Bill vacating a portion of W. Church Ave. between Lindbergh Ave. & S. Snyder Place in the City of York, was introduced by Ray, read by short title, and deferred until a future of meeting of Council. (Note: In accordance with Section 2915 of the 3rd Class City Code, street vacations must sit for at least 28 days and advertised for at least 3 consecutive weeks before consideration of final passage. Therefore, this Bill will be considered for passage on or after February 17, 2009.)

Introduction of Bill No. 3, Session 2009, (View) A Bill amending the 2009 HOME program budget to reflect changes resulting from actual funding levels rolled over from 2008, was introduced by Ray, read by short title, and deferred until a future meeting of Council. (Note: Projected date for adoption is slated for February 3, 2009.)

Introduction of Bill No. 4, Session 2009, (View) A Bill amending the 2009 CDBG program budget to reflect changes resulting from actual funding levels rolled over from 2008, was introduced by Ray, read by short title, and deferred until a future meeting of Council. (Note: Projected date for adoption is slated for February 3, 2009.)

Introduction of Bill No. 5, Session 2009, (View) A Bill amending the 2009 Budget to appropriate additional expenditures in the amount of $855 for paint & supplies; and $3,645 for books & subscriptions for the Bureau of Health, was introduced by Ray, read by short title, and deferred until a future meeting of Council. (Note: Projected date for adoption is slated for February 3, 2009.)

FINAL PASSAGE OF BILLS / RESOLUTIONS

Final Passage of Bill No. 1, Ordinance No. 2, Session 2009, (View) A Bill amending the 2009 Budget in the amount of $125,162.37 to fund Permits Clean & Seal, and $279,303.07 to fund Section 108 Repayment, which was introduced by Ray at the January 6, 2009 meeting of Council, and read by short title, came up for final passage. On motion of Ray, seconded by Hill-Evans, Bill No. 1, Ordinance No. 2, passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Final Passage of Bill No. 58, Session 2008, (Note: Bill No. 58 was introduced during the 2008 session) (View) - A Bill amending Article 725 “Firearms & Weapons” to establish regulations for failure to report lost or stolen firearms, which was introduced by Smith at the November 18, 2008 meeting of Council, and referred to the Police Committee (meeting held 1/13/09 at 7p.m.), came up for final passage. On motion of Smith, seconded by Texter, Bill No. 58 came up for discussion.

Motion to table. Councilwoman Smith made a motion to table Bill No. 58 based on an opinion received from the Solicitor’s Office, which was explained by Assistant Solicitor Washington as follows:

“….At this time, based on the state of current statutory and case law, we believe that the City of York is preempted from passing the Lost or Stolen Firearms Legislation. However, the City of Philadelphia is once again in litigation with the NRA over its recently enacted firearms legislation. With this topic currently in flux, the Solicitor's Office is highly recommending pulling this item from next week's agenda. Once the pending litigation is resolved, we can give a more definitive answer concerning whether this legislation is permitted under the Uniform Firearms Act. If the PA courts find in favor of Philadelphia, this item should no longer be an issue and can be passed with relative ease (at least legally)….”

President Musso urged Council to move forward and vote on this legislation. He stated that the Mayor requested this legislation be placed on the agenda, which it was and was discussed at length. He said he feels the Mayor was aware of the solicitor’s opinion beforehand and is now using this opinion as an excuse to withdraw because this legislation has our community up in arms. President Musso said he doesn’t see how this law is going to be effective anyway. He went on to say that all of this attention has been brought to this legislation and he feels we should vote on it one way or the other. President Musso opined that he feels this legislation is irresponsible and was politically motivated.

Councilwoman Smith strongly disagreed with President Musso. She said she stands behind the concept of this legislation. She said gunfire has affected her family and that she was shot in the leg when she was 8 years old, which was devastating to her and her family. Councilwoman Smith stated that she respects the opinion given by the Solicitor’s Office and feels tabling the legislation until the PA Court rules on this issue would be the responsible thing to do.

Councilman Texter explained that he spoke to Mayor Brenner at length about this legislation and he is aware of the gun violence plaguing our community. However, Councilman Texter said he does not support this legislation because he too feels it would be ineffective. He said the straw purchase program was enacted, however, he feels much more can be done. There is no easy solution but with this legislation, he said, you would have to “prove” that the defendant knew his or her gun was lost or stolen and he said he doesn’t think you could “prove” something like that beyond a reasonable doubt. Guns cross borders everyday and as such, we need a joint venture and state legislation to control this problem, he said.

A discussion and debate ensued among Council regarding the National Rifle Association (NRA) and possible political undertones associated with this legislation with opposing views on each topic.

Councilman Texter said in the past Council has respected motions to table and he feels we should continue that respect.

J.R. Anderson, Washington Township, said he has been a member of the NRA for 39 years and feels the NRA would be happy to have sit down discussions with the City of York on this issue. He discussed “Project Exile” which he said is basically an effort of local and state agencies to exile offenders in possession of illegal firearms by imprisoning them for 5 years. Mr. Anderson said he feels Bill No. 58 will punish innocent people. He urged Council to enforce the laws we current have on the books because it’s extremely difficult to try to locally legislate guns.

Police Commissioner Whitman said there is new information everyday involving gun laws and statistics. To allow this to sit, over time, with logic, he said he feels we can more effectively vote ”yes” or “no” to this legislation and as such he doesn’t see the harm in tabling Bill No. 58. He did say that there could never be any guarantees on what will and won’t work with regard to gun laws.

Chris Buckingham, 564 Atlantic Ave., PA, said he attended the Police Committee meeting and feels his comments were misconstrued as he was accused of trying to intimidate the Council by one of the presenters. Mr. Buckingham opined that the Mayor of Reading, who attended the committee meeting and participated in discussion, is trying to convince the Council to pass legislation that will bankrupt our community. Mr. Buckingham believes the city will get sued if this legislation is passed. He asked Council to review HR45 (also called Blair Holt’s Firearm Licensing and Record of Sale Act of 2009).

Jason Eperson, 444 Hillcrest Rd., York, PA, stated that gun owners feel this legislation is one sided and others feel this is politically motivated. He said he wants to be able to protect his family but feels the gun community didn’t have a say in this legislation. Mr. Eperson urged Council to not table Bill No. 58 but to instead vote it down tonight and get rid of it.

Jay Andrzejczyk, 284 Cottage Hill Rd., York, PA, thanked the Solicitor’s Office for their research and opinion and feels that we could be facing numerous lawsuits if this legislation is passed as-is.

President Musso stated that he understands the concept of Bill No. 58 but feels this legislation will not address the problem. We want to control our gun problem and have implemented ShotSpotter to show our intent and commitment. He said he is concerned about Council being used for political purposes, which could lead to the public losing respect for us as a legislative body. He said this is a lesson of what not to do.

Councilwoman Smith defended those supporting this legislation by saying some involved in implementing Bill No. 58 aren’t even looking to run for office so she feels President Musso’s allegations supporting political motivation are misrepresented.

Councilman Texter reminded President Musso about his comment to not be afraid to discuss the tough issues and therefore, said he supports tabling this legislation to allow for more discussion.

Councilwoman Ray stated that she originally supported the idea to table but after hearing tonight’s discussions, she doesn’t want her vote to be a mystery and therefore, she would like to vote on this legislation.

Vice President Hill-Evans said she would vote to table Bill No. 58 because she made a promise to support tabling this legislation after reviewing the Solicitor’s opinion. She stated that she hopes the next Council seated at this table will vote responsibly if this issue comes up again. Until such time, she said she would support tabling Bill No. 58.

Councilwoman Ray said if this Bill were to come up for a vote tonight, she would vote “no” because she feels this legislation is ineffective and possibly unconstitutional.

Vote on motion to table. As Councilwoman Smith made an earlier motion to table, the motion was now seconded by Texter and passed by the following vote: Yeas – Hill-Evans, Texter, Smith - 3; Nays – Ray, Musso – 2. Therefore, Bill No. 58 is tabled.

President Musso called for a recess at 8:45 p.m. to allow for a bathroom and water break.
President Musso reconvened the meeting at 8:55 p.m.

NEW BUSINESS

Resolution No. 10, Session 2009, (View) A Resolution appointing Daniel Robinson as a member of the Susquehanna Area Regional Airport Authority to fill the unexpired term of Matthew Jackson, which term shall expire January 5, 2010, was introduced by Hill-Evans, read at length, and on motion of Hill-Evans, seconded by Texter, Resolution No. 10 came up for discussion.

Dan Robinson was onboard and introduced himself to Council. He said he is currently serving as the Director of the Bureau of Housing Services under the direction of Director Kim Bracey. He then gave a brief background on his past work and community service.

Council thanked Mr. Robinson for his service to the City of York.

There being no further discussion, Resolution No. 10 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Resolution No. 11, Session 2009, (View) A Resolution appointing Michael Adzema as a probationary police officer effective January 15, 2009, was introduced by Texter, read at length, and on motion of Texter, seconded by Smith, Resolution No. 11 came up for discussion.

Commissioner Whitman provided verbal background on candidate Adzema and said he would provide a printed bio of Mr. Adzema to Council soon. A brief discussion ensued on the number of active uniformed police officers serving the City of York.

There being no further discussion, Resolution No. 11 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Resolution No. 12, Session 2009, (View) A Resolution increasing licensing and inspection fees in accordance with Article 1761 “Licensing & Inspection of Tenant Occupied Residential & All Institutional Occupancies” of the Codified Ordinances affecting R3, R2 & R4 properties, was introduced by Texter, read at length, and deferred until a future meeting of Council. (Note: In accordance with Ord. 19 of 1997, fee legislation must sit for at least one meeting prior to final passage. Therefore, the projected date for consideration of final passage is slated for February 3, 2009.)

Resolution No. 13, Session 2009, (View) A Resolution increasing street excavation fees in accordance with Article 905 “Street Excavations” of the Codified Ordinances affecting Permit & Inspection Fees, Degradation Fee, and Bonding amount projects over $5k, was introduced by Smith, read at length, and deferred until a future meeting of Council. (Note: In accordance with Ord. 19 of 1997, fee legislation must sit for at least one meeting prior to final passage. Therefore, the projected date for consideration of final passage is slated for February 3, 2009.)

Resolution No. 14, Session 2009, (View) A Resolution authorizing an agreement with Met-Ed to install and upgrade various streetlights throughout the city, was introduced by Smith, read at length, and on motion of Smith, seconded by Ray, Resolution No. 14 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Resolution No. 15, Session 2009, (View) A Resolution authorizing the purchase of one 2009 Chevy Utility Body Truck for use by the Building and Electrical Bureau & two 2009 Chevy ¾ Ton Pick-up Trucks for use by the Parks Bureau, was introduced by Smith, read at length, and on motion of Smith, seconded by Texter, Resolution No. 15 came up for discussion.

Director Gross explained that these vehicles were included in the 2009 budget and will be purchased through a state contract.

President Musso took this moment to ask Director Bracey to relay to Business Administrator O’Rourke to provide Council with a 5-year budget projection schedule, as this is critical to the budgeting process. Director Bracey said she would relay the message.

There being no further discussion, Resolution No. 15 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Resolution No. 16, Session 2009, (View) A Resolution authorizing an agreement with Buchart-Horn, Inc. to provide technical services on the WWTP’s Westinghouse computer system for a period of one year at a cost of $46,836.00, was introduced by Smith, read at length, and on motion of Smith, seconded by Texter, Resolution No. 16 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Resolution No. 17, Session 2009, (View) A Resolution authorizing an agreement with Emerson Process Management Power & Water Solutions to provide hardware and software maintenance & support on an existing system at a cost of $53,177.00, was introduced by Smith, read at length, and on motion of Smith, seconded by Hill-Evans, Resolution No. 17 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Resolution No. 18, Session 2009, (View) A Resolution authorizing a reimbursement agreement for services provided by B&R Electric for repair of a malfunction to a WWTP power distribution substation, which was paid in advance by the York City Sewer Authority, was introduced by Smith, read at length, and on motion of Smith, seconded by Texter, Resolution No. 18 came up for discussion.

Director Gross explained that on December 5, 2008, a major malfunction occurred to the left-side buss of Substation No. 3, which is part of the WWTP’s power distribution system. This failure caused an interruption in electricity to the WWTP’s Administration Building, Control Building and Dissolved Air Flotation Thickener. Staff attempted to repair the malfunction but was unsuccessful. B&R Electric and an engineer from Buchart-Horn were able to restore power the next day. The York City Sewer Authority already had B&R Electric under contract and because of the emergency nature of this repair, the Authority agreed to pay for the work in order to get the repair made quickly but they also requested that the City reimburse them for this expense, which is why this Resolution is being presented this evening.

Council asked several budgeting questions. Director Gross stated that as this was an unexpected occurrence, this repair was not budgeted for and therefore a budget amendment will have to be done to accommodate this expenditure.

There being no further discussion, Resolution No. 18 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Resolution No. 19, Session 2009, (View) A Resolution authorizing a budget transfer for the Department of Fire/Rescue Services in the amount of $6,450.81 to cover 2008 water expenses, was introduced by Ray, read at length, and on motion of Ray, seconded by Hill-Evans, Resolution No. 19 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Resolution No. 20, Session 2009, (View) A Resolution authorizing the filing of an application for financial assistance under the Neighborhood Stabilization Program in the amount $2m was introduced by Ray, read at length, and on motion of Ray, seconded by Smith, Resolution No. 20 came up for discussion.

Dan Robinson, Director of the Bureau of Housing Services and Kevin Schreiber, Assistant Director of Economic Development, were onboard to explain the program activities as follows:

Activity 1: City-wide Acquisitions/Demolitions

The City of York is requesting NSP funds to undertake City-wide acquisition/demolition activities including the following: acquisition of foreclosed and abandoned properties, demolish blighted and vacant structures, acquire and land-bank for future development of said parcels, and establish financial mechanisms for the purchase and redevelopment of foreclosed homes and residential properties.

Activity 2: Salem Square Homeownership Project

The Salem Square homeownership project will consist of the construction of 5 new single-family homes on South West Street and the substantial rehabiliation of 11 homes on West Princess and Belvidere Streets. The neighborhood is located in the City of York’s West End and is commonly referred to as the Salem Square Neighborhood.

Activity 3: Olde Towne East Renaissance Project

The YWCA of York seeks to acquire five vacant properties in the Olde Towne East neighborhood to then transfer to non-profit housing developers to rehab and sell to owner-occupants. The YWCA proposes to use HOME funding to purchase 5 vacant properties in the Olde Towne East neighborhood to be rehabilitated and sold to owner-occupants. Funding for rehabilitation will come from NSP funds.

Director Robinson explained that Resolution No. 20, if approved by Council, would give the Mayor the authority to apply for NSP funding for these projects.

Councilwoman Ray said the application calls for $2.9m but the Resolution states $2m. Director Robinson said that figure changed at the 11th hour. Council discussed the amended amount and felt it best to amend the Resolution to reflect the new application amount “up to $3 million”.

Motion to amend. A motion was made by Texter, seconded by Ray, to amend Resolution No. 20 to change the application amount from $2 million to “up to $3 million”. The motion to amend passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Assistant Director Schreiber said they would have a more defined break down of the project budget once they complete the funding application, which he said he would be sure to provide to Council.

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

Motion for consent agenda. A motion was made by Texter, seconded by Ray, to introduce Resolution No.’s 21 and 22 as a consent agenda. The motion passed unanimously. Therefore, the following Resolutions were introduced by Hill-Evans and read at length:

Resolution No. 21, Session 2009, (View) A Resolution approving a $2.75m RACP funding contract between the City of York and Crispus Attucks for the Crispus Attucks Early Learning Center.

Resolution No. 22, Session 2009, (View) A Resolution approving a sub-recipient agreement between the City of York and Crispus Attucks for the administration of a $2.75 million RACP funding grant associated with development of the Crispus Attucks Early Learning Center.

On motion of Hill-Evans, seconded by Ray, Resolution No.’s 21 and 22 came up for discussion.

In a memo from Business Administrator O’Rourke, he outlined the following:

“On your agenda for tonight are two items addressed by this memorandum: A Resolution to approve a contract with the Commonwealth of PA for$2.75 Million for the subject project. The second item is a Resolution to approve a cooperation-subrecipient agreement between the City and Crispus Attucks for the administration of the grant.

I reviewed the contract between the City and the Commonwealth and I recommend that Council approve it. It is consistent with past RACP grants in which the City, as a general-purpose government, is the grantee and assumes responsibility for the appropriate use of the money and in which the city agrees to administer the grant on behalf of the sub grantee, which in this case is Crispus Attucks.

The second item on the agenda is a cooperation and sub-recipient agreement between the city and Crispus Attucks in which Crispus Attucks assumes responsibility for all of the obligations to which the city has agreed in the contract with the Commonwealth and in which Crispus Attucks indemnifies the city for any expenses associated with the improper expenditure of the grant proceeds. I drafted the cooperation agreement and it is modeled on the agreements with CA for the Greenway project and with the Strand for the Performing Arts Center Project.

The relationships and obligations created by these documents are the same as those created by the Greenway Tech Center, the Sovereign Bank Stadium and the Strand Capital Performing Arts Center RACP grants. We worked with the staff at CA on the Greenway project RACP and that went very well. I anticipate the same relatively uneventful administration and cooperative activity with this grant and recommend that Council approve this agreement.”

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. She said they hope to have the project completed by 2010. Ms. Kauffman then answered a few project questions from Council.

There being no further discussion, Resolution No.’s 21 and 22 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Resolution No. 23, Session 2009, (View) A Resolution authorizing an encroachment agreement with the York City School District to install a handicap access ramp on the east side of 329 Lindbergh Ave., was introduced by Ray, read at length, and on motion of Ray, seconded by Hill-Evans, Resolution No. 23 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Resolution No. 24, Session 2009, (View) A Resolution authorizing an encroachment agreement with White Rose Bar & Grill for a permanent outdoor seating area on the west side of 48 N. Beaver St. and the south side of W. Philadelphia St., was introduced by Ray, read at length, and on motion of Ray, seconded by Hill-Evans, Resolution No. 24 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith – 4; Nays – 0; Abstained – Musso – 1. President Musso said he abstained his vote as he has had prior business dealings with the applicant.

REQUESTS FOR FUTURE MEETINGS

General Committee – Joseph R. Musso, Chair: Meeting scheduled for Tuesday, February 3, 2009 at 6:00 p.m. in Council Chambers to hear from Michael Gibson, Chairman of the York City Human Relations Commission (YCHRC) and other members of the YHRC, discussion on the direction, mission and goals of the YCHRC.

COUNCIL COMMENT: None ADMINISTRATION COMMENT: None

NEXT MEETING: The next regular meeting of City Council is scheduled for Tuesday, February 3, 2009 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 January 21, 2009 meeting of Council adjourned at 10:05 p.m.