Follow us on Twitter Friend us on Facebook Receive City Updates
{ Live, work, play in York. }

City Council Meeting Minutes

February 3, 2009

CALL TO ORDER: City Council convened in a General Committee meeting on Tuesday, February 3, 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, 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

Dave Gulden, 962 N. George St., York, PA, announced the creation of a website to commemorate early baseball in York. He asked if Council could relay a request to the Mayor to place a link to this site on the city’s website. For more information, please visit: http://www.oldyorkbaseball.com/.

Gerry Turner, 1201 S. Pine St., York, PA, opined that the continued coverage of a certain individual’s announcement for Mayor should not be broadcasted on White Rose Community Television (WRCT) - a public access station. He questioned the legality of political campaigning on public access stations. (View Solicitor’s Opinion)

Franklin Williams, 528 W. Market St., York, PA, stated that the he feels the response from the Administration on his questions regarding the new “Left Turn Only” signs at the intersections of Ridge Ave./Philadelphia St. and Carlisle Ave./Florida Ave. was not appropriately answered. (View Administration response).

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: Jim Gross, Director of Public Works, John Senft, Fire Chief, and Dan Robinson, Acting Director of Community Development. Also present was Don Hoyt, Assistant Solicitor. Matt Jackson, Director of Economic Development, Mark Whitman, Police Commissioner, and Michael O’Rourke, Business Administrator, were absent. (Note: Kim Bracey, Director of Community Development, resigned effective Wednesday, January 28, 2009 at 5 p.m.)

Members of York City Council staff in attendance included: Dianna L. Thompson, City Clerk.

Pledge of Allegiance: Led by President Musso, 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 January 21, 2009, 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

President Musso announced that he and Councilwoman Toni Smith were presented with plaques from Bishop Joseph Edison Bass of MILESTONE Ministerium (MILSTONE - Minsterium and Interested Laymen Entwined In Service to Others Needing Encouragement) for their assistance in helping with the formation of the Wellington Little League Football program.

COMMITTEE MEETINGS SCHEDULED: None

COMMITTEE REPORTS:

General Committee Meeting, Joseph R. Musso, Chair: President Musso reported that Council met in a General Committee session this evening, Tuesday, February 3, 2009 at 6:00 p.m. in Council Chambers, to hear from Stephanie Seaton, Director of the York City Human Relations Commission, a report on the role of the YCHRC, the work of the YCHRC, an Intake/Inquiry Report, a 5-year Statistical Data Report, 2008 Case Reviews, 2008 Director Requests for Educational Training, 2008 Community Outreach efforts, 2008 Conferences & staff training, Outcomes of Work Impact, and 2008 Bias related incidents.

SUBDIVISION / LAND DEVELOPMENT / HARB

Resolution No. 25, 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.; Amy Meyers, LSC Design, for work to be done at 256 W. King St.; John Wood, J. Wood & Sons Construction, for work to be done at 200 S. Pine St., 340 W. Philadelphia St., and 425 W. King St.; Craig Reich, CR Realty, and Mike Shue, for work to be done at 350 W. Market St. (rear); Eric Menzer, CODO 26, Frank Dittenhafer and Todd Grove, Murphy & Dittenhafer Architects, for work to be done at 26 N. George St. (Altland-Smyser Bldg.); and Eric Menzer, Wagman Construction, for work to be done at 231 N. George St., was introduced by Hill-Evans, read at length, and on motion of Hill-Evans, seconded by Texter, Resolution No. 25 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

CONSENT AGENDA

Introduction of Bill No. 6, Session 2009, (View) A Bill amending the York City Budget for the year 2009 by appropriating additional expenditures for the Department of Public Works in the amount of $100,000 within the Intermunicipal Sewer Fund for building repair services, was introduced by Smith, read by short title, and deferred until a future meeting of Council. (Projected date for consideration of final passage is slated for February 17, 2009.)

Introduction of Bill No. 7, Session 2009, (View) A Bill amending the York City Budget for the year 2008 for the Department of Community Development, Bureau of Permits, Planning and Zoning to appropriate additional expenditures in the amount of $185,216.08 for Other Professional Services and additional revenue in the amount of $124,176.50 for Building Permits and $61,039.58 for Inspection Fees, was introduced by Ray, read by short title, and deferred until a future meeting of Council. (Projected date for consideration of final passage is slated for February 17, 2009.)

FINAL PASSAGE OF BILLS / RESOLUTIONS

Final Passage of Bill No. 3, Ordinance 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, which was introduced by Ray at the January 21, 2009 meeting of Council, and read by short title, came up for final passage. On motion of Ray, seconded by Texter, Bill No. 3, Ordinance No. 3, passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Final Passage of Bill No. 4, Ordinance 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, which was introduced by Ray at the January 21, 2009 meeting of Council, and read by short title, came up for final passage. On motion of Ray, seconded by Hill-Evans, Bill No. 4, Ordinance No. 4, passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Final Passage of Bill No. 5, Ordinance 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, which was introduced by Ray at the January 21, 2009 meeting of Council and read by short title, came up for final passage. On motion of Ray, seconded by Hill-Evans, Bill No. 5, Ordinance No. 5, passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Final Passage of 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 R2, R3 & R4 properties, which was introduced by Texter at the January 21, 2009 meeting of Council, and read at length, came up for final passage. On motion of Texter, seconded by Smith, Resolution No. 12 came up for discussion.

President Musso explained that as established by Ordinance No. 19 of 1997, fee legislation must sit for at least one meeting prior to final passage, which is why this legislation was introduced at the January 21st meeting and is being considered this evening for passage.

Next, Councilman Texter outlined that this is a Resolution establishing licensing and inspection fees for childcare centers. He said Council last dealt with licensing and inspection fees back in 2007, but left out childcare centers to give the Fire Department more opportunity to meet and discuss the fees with childcare operators. The Fire Department and a committee of childcare operators came to an agreement and recognized these fees as fair in covering the department's costs.

Councilwoman Ray asked Chief Senft to outline the methodology used in determining fees, which was briefly explained by the Chief.

Motion to amend. Chief Senft made a recommendation for a technical amendment to the Resolution to amend the heading found in the Now Therefore Be It Resolved clause from “License Fees” to “Daycare Fees”. The motion to amend was made by Texter, seconded by Ray, and passed unanimously.

There being no further discussion, Resolution No 12, as amended, passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Final Passage of 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, which was introduced by Smith at the January 21st meeting of Council, and read at length, came up for final passage. On motion of Smith, seconded by Texter, Resolution No. 13 came up for discussion.

Director Gross explained that these fees have not been increased since 2003 and this amendment reflects a 10% increase. He said these fees help to cover small in-house projects such as paving and patching of alleys and small residential streets.

There being no further discussion, Resolution No. 13 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

NEW BUSINESS

Resolution No. 26, Session 2009, (View) A Resolution authorizing the filing of an H2O PA grant with DCED in the amount of $1,325,000.00 for the Arch St. Interceptor Sanitary Sewer Replacement Project, was introduced by Smith, read at length, and on motion of Smith, seconded by Hill-Evans, Resolution No. 26 came up for discussion.

Director Gross explained that this project will replace an existing terra cotta pipe that is in very poor condition and concerns for possible hydraulic overload situations. By replacing the existing terra cotta pipe, the potential for raw sewage spills and seepages into the Codorus Creek as well as the potential for raw sewage back-ups into the basements of property owners along the system’s route are expected to be eliminated. Preventing spills and seepages directly into the creek will improve the local water quality. By reducing these raw sewage spills and seepages, local economic development
will be recognized and water quality of the bay will be improved. This project will replace 2500 lineal feet of sanitary sewer pipe between two sections of the Arch Street Interceptor that have already been replaced in previous projects. Buchart Horn Engineers have estimated the cost for this project to be $1,325 million. While this section of interceptor carries the wastewater from the City of York, it impacts a major interceptor (Poorhouse Run) downstream that carries flow from both York Township and Spring Garden Township. A section of the Poorhouse Run Interceptor is scheduled to be replaced as part of a separate project at a cost that is estimated to exceed $4 million.

There being no further discussion, Resolution No. 26 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Resolution No. 27, Session 2009, (View) A Resolution authorizing the sale of one 1997 Chevrolet Suburban, one 1962 American LeFrance Pumper, one 1972 Mack Pumper, and one 1976 Mack Aerial, was introduced by Ray, read at length, and on motion of Ray, seconded by Texter, Resolution No. 27 came up for discussion.

Fire Chief Senft explained that the 1962, 1972 and 1976 vehicles are classified as antiques and could be an interesting purchase for collectors. However, the 1997 Suburban is in very bad condition and could probably best be served for its parts. He said anticipated delivery of new firefighter vehicles is expected in June 2009 and that they will be using these older models until the new ones arrive.

There being no further discussion, Resolution No. 27 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

REQUESTS FOR FUTURE MEETINGS: None

COUNCIL COMMENT

President Musso directed comment to Assistant Solicitor Hoyt. He said that during the public comment session, Gerry Turner questioned the continued coverage of a certain individual’s announcement for Mayor being broadcasted on White Rose Community Television (WRCT) - a public access station - as Mr. Turner questioned the legality of political campaigning on public access stations. President Musso said this is a valid question and he would like the Solicitor’s Office to provide a written opinion to Council. Assistant Solicitor Hoyt said he would research the issue and would provide an opinion to Council. (View Solicitor’s Opinion)

Next, President Musso asked Chief Senft to provide information on the license revocation for the Elm Street Terrace apartment complex, as this will displace more than 30 families. Chief Senft said he welcomes individual discussion on this issue with Council and requested that members contact him individually for more information on the situation.

ADMINISTRATION COMMENT: None

NEXT MEETING: The next regular meeting of City Council is scheduled for Tuesday, February 17, 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 Tuesday, February 3, 2009 meeting of Council adjourned at 8:07 p.m.