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City Council Meeting Minutes

March 17, 2009

CALL TO ORDER: City Council convened in a General Committee meeting on Tuesday, March 17, 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, and Carol Hill-Evans, Vice President, with Vice President Hill-Evans presiding. Council President Joseph R. Musso was not present. Mayor John Brenner was not present.

GENERAL PUBLIC COMMENT

Joe Stein, Bring on Play (BOP), was onboard to update Council on the BOP initiative. BOP is a committee of individuals and organizations from the City and the County formed to secure funds to renovate the playground equipment at Lincoln Park. He said BOP is seeking volunteers to assist with Build Day, which is schedule for May 9 and May 16 at 8:00 a.m. at Lincoln Park. In case of rain Build Day will be held on May 23. For more information or to volunteer please call Tom Landis at 849-2276, or e-mail to tlandis@yorkcity.org or call the BOP hotline at 849-2287.

There being no further public comment, Vice President Hill-Evans 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, and Carol Hill-Evans, Vice President, with Vice President Hill-Evans presiding. Council President Joseph R. Musso was not present. Mayor John Brenner was not present.

Members of the Administration in attendance included: Dan Robinson, Acting Director of Community Development. Also present was Shaleeta Washington, Assistant Solicitor. Jim Gross, Director of Public Works, 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 Ray, to dispense with the reading of the Minutes of March 3, 2009, and approve them as written. The motion passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith,– 4; Nays – 0.

Correspondence and Announcements: Vice President Hill-Evans read several announcements. Included was the following Press Release issued by Council President Joseph R. Musso:

“March 11, 2009 – York City Council President Joe Musso has announced that he will be attending the National League of Cities (NLC) – Congressional Cities Conference in Washington, DC from March 14 though March 18th.

The Conference offers sessions focused on all aspects of the economic recovery package, including guidance on accessing the dollars and overcoming obstacles to implementation. General Session meetings are confirmed with Homeland Security Secretary Janet Napolitano, Transportation Secretary Ray LaHood, Attorney General Eric Holder and EPA Administrator Lisa Jackson. Sessions are pending but not yet confirmed with White House Chief of Staff Rahm Emanuel, Senior Advisor Valerie Jarrett, Education Secretary Arne Duncan, Senator Susan Collins (R-ME) and HUD Secretary Shaun Donovan.

Musso, along with members of the Pennsylvania League of Cities (PLCM), will also be meeting with the Pennsylvania Congressional delegation on Capital Hill to urge their support of both the PLCM and NLC legislative priorities, and request renewed commitment to domestic priorities and the issues critical to cities such as York.

In Musso’s absence, Vice-President Carol Hill Evans will preside over the York City Council meeting to be held on March 17th.”

Vice President Hill-Evans noted that this is the first Council meeting Councilman Musso has missed in the 7 years he has served on Council and the knowledge he and other city official will bring back from their attendance at the NLC Conference may ultimately benefit the York community.

PRESENTATIONS: The Letter of Recognition to be presented to the William Penn Senior High School Boys’ Basketball Team has been POSTPONED until further notice.

COMMITTEE MEETINGS SCHEDULED:

Economic Development Committee, Joseph R. Musso, Chair: Meeting scheduled for Tuesday, March 17, 2009 at 6 p.m. in Council Chambers to continue discussions on the pending sale of YCEDC lots 108 and 108A located in the York City Industrial Park to Harrisburg Area Community College (HACC). CANCELED – See Committee Reports for more information.

COMMITTEE REPORTS:

Economic Development Committee, Joseph R. Musso, Chair: Councilwoman Smith announced that the meeting scheduled for Tuesday, March 17, 2009 at 6 p.m. in Council Chambers to continue discussions on the pending sale of YCEDC lots 108 and 108A located in the York City Industrial Park to Harrisburg Area Community College (HACC) was CANCELED to allow discussions to continue between the City Administration, YCEDC and HACC. Once discussions are finalized, this issue will be brought to Council for consideration.

SUBDIVISION / LAND DEVELOPMENT / HARB:

Resolution No. 39, Session 2009, (View) A Resolution accepting the recommendations of HARB in issuing a certificate of appropriateness for work to be covered in the applications submitted by Charly Forrest and Samm Reed for work to be done at 245 W. Philadelphia St., and Ralph Shockey for work to be done at 245 E. Market St., was introduced by Hill-Evans, read at length, and on motion of Hill-Evans, seconded by Smith, Resolution No. 39 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith – 4; Nays – 0.

CONSENT AGENDA: None

FINAL PASSAGE OF BILLS / RESOLUTIONS:

Final Passage of Bill No. 12, Ordinance No. 13, Session 2009, (View) A Bill amending the 2009 budget for the Bureau of Health by appropriating revenue and expenditures in the amount of $15,232.00 for subsequent funding received from the PA Dept. of Health for an MCH- Home Visitor grant, which was introduced by Ray at the March 3rd meeting of Council, and read by short title, came up for final passage. On motion of Ray, seconded by Texter, Bill No. 12, Ordinance No. 13, passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith – 4; Nays – 0.

Final Passage of Bill No. 13, Ordinance No. 14, Session 2009, (View) A Bill amending the 2009 budget for the Police Dept. to appropriate revenue and expenditures in the amount of $100,000 for the purchase of police vehicles, which was introduced by Texter at the March 3rd meeting of Council, and read by short title, came up for final passage. On motion of Texter, seconded by Smith, Bill No. 13 came up for discussion.

Councilman Texter explained that at the March 3rd Council meeting Captain Ron Camacho explained that WellSpan Health contributed $100,000.00 toward the purchase of (4) 2009 Dodge Charger Police vehicles. He stated that city officials met with the President of WellSpan Health and asked for financial assistance in purchasing much needed vehicles. Captain Camacho said the President took their request to the Board of Directors and they agreed to donate funds. He said the Police Department currently has approximately 10 vehicles in its fleet with over 100,000 miles and that the officers are excited about these new vehicles.

There being no further discussion, Bill No. 13, Ordinance No. 14, passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith – 4; Nays – 0.

NEW BUSINESS:

Resolution No. 40, Session 2009, (View) A Resolution reappointing Jack Nagle as a member of the Construction Board of Adjustment and Appeals, which term shall expire March 1, 2012; Reappointing Richard Bono as a member of the Southeast Area Advisory Development Committee, which term shall expire the first Monday of February 2013; and *Reappointing Kyle King as an alternate member of the Nuisance Abatement Board of Appeals, which term shall expire April 1, 2012, was introduced by Ray, read at length, and on motion of Ray, seconded Texter, Resolution No. 40 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith – 4; Nays – 0.

(*Note: An error occurred in Resolution No. 40 regarding the reappointment of Kyle King as an alternate member of the Nuisance Abatement Board of Appeals. In accordance with Article 1751.11(a) of the Codified Ordinances, alternate members shall serve one-year terms, however, in error, Mr. King’s reappointment established a three-year term. A Resolution will appear on Council’s April 7 agenda correcting this error to fix said term to expire April 1, 2010.)

Resolution No. 41, Session 2009, (View) A Resolution approving an encroachment agreement between the city and Intowne Coffee for a sidewalk café to be situated on the north side of 1 E. Market St., was introduced by Ray, read at length, and on motion of Ray, seconded by Texter, Resolution No. 41 came up for discussion.

Councilwoman Ray welcomed Intowne Coffee to the downtown area and said she is excited and pleased to see this mother-daughter owned business open in the core of York City.

There being no further discussion, Resolution No. 41 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith – 4; Nays – 0.

Resolution No. 42, Session 2009, (View) A Resolution approving a contract renewal agreement between the city and the PA Dept. of Health to continue the dental sealant program for the period of July 1, 2009 through June 30, 2010 in the amount of $50,000.00, was introduced by Ray, read at length, and on motion of Ray, seconded by Smith, Resolution No. 42 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith – 4; Nays – 0.

Resolution No. 43, Session 2009, (View) A Resolution authorizing a budget transfer within the 2008 Budget for the Bureau of Permits, Planning and Zoning in the amount of $129,626.70 to cover expenses for “other professional services”, was introduced by Ray, read at length, and on motion of Ray, seconded by Texter, Resolution No. 43 came up for discussion.

Director Dan Robinson explained that funds were secured in 2008 to pay for services provided by Guardian Inspection. This amendment will transfer those monies to allow payment for those services and that the 2009 budget will not be affected.

There being no further discussion, Resolution No. 43 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith – 4; Nays – 0.

REQUESTS FOR FUTURE MEETINGS: None

COUNCIL COMMENT:

Councilman Texter asked Vice President Hill-Evans, Chair of the Business Administration Committee, to contact Business Administrator Michael O’Rourke and ask if he could set up a meeting with the Credit Bureau of York to provide Council with an update on delinquent accounts and their collection efforts. Vice President Hill-Evans said she would relay the request to Mr. O’Rourke.

Councilman Ray also asked Vice President Hill-Evans to contact Mr. O’Rourke to inquire about the feasibility of Council receiving a report on 2008 budget vs. actual line expenditures and whether any 2008 monies are leftover. Vice President Hill-Evans said she would also relay this request to Mr. O’Rourke.

ADMINISTRATION COMMENT: None

NEXT MEETING: The next regular meeting of City Council is scheduled for Tuesday, April 7, 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, March 17, 2009 meeting of Council adjourned at 7:43 p.m.